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Home My WebLink AboutSupplement No. 6SUPPLEMENT IN 6 March 2005 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. 2004-49, enacted December 13, 2004. See the Code Comparative Table for further information. Remove old pages in 1X-X1V Checklist of up-to-date pages 17, 18 133-136 145-148.2 365-368 376.3-378.2 381, 382 557-560 581, 582 60% 610 613, 614 693, 694 735-737 873-878 881, 882 1227-1228.2 1257-1260 1305-1310 1315-1336 1342.49-1342.54 1363, 1364 1370.1-1372 1377, 1378 209% 2100 2145, 2146 3111-3118 3121-3123 3129-3137 3141-3144 Insert new pages 111 1X-X1V Checklist of up-to-date pages (following Table of Contents) 17, 18 133-136 145-148.2 365-368 377-378.4 381, 382 557-560 581-582.2 609, 610 613, 614 693, 694 735-738 873-878 881-882.2 1227-1228.2 1257-1260.8 1305-1310.2 1315-1336.4 1342.49-1342.58 1363, 1364 1371-1372.2 1377, 1378 2099, 2100 2145, 2146 3111-3118 3121-3123 3129-3138 3141-3144 INSTRUCTION SHEET—Cont'd. Insert and maintain this instruction sheet in front of this publication. File removed pages for reference. MITNICIPAL 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 Michael S. Blake 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. 6 iil TABLE OF CONTENTS Page Current Officials of the City. 00 000000000 0 04 0 iii Preface..................................................... v Adopting Ordinance ......................................... vii Checklist of Up -to -Date Pages ............................... a Ill CHARTER Charter..................................................... 1 Art. I. Corporate Name ............................. 3 Art. II. Territorial Boundaries ....................... 3 Art. III. Powers of the City .......................... 3 Art. IV Governing Body ............................ 3 Art. V. City Manager .........................sees.. 7 Art. VI. Administrative Departments ................ 8 Art. VII. Financial Procedure ........................ 9 Art. VIII. Nominations and Elections ................ 10 Art. IX. Initiative and Referendum .................. 11 Art. X. Amendments ................................ 13 Art. XI. Severability................................ 13 Art. XII. Powers..... 6000 13 Art. XIII. Transitional Provisions .................... 13 Charter Comparative Table .................................. 67 CODE OF ORDINANCES Chapter 1. General Provisions ....................................... 77 2. Administration .......................................... 133 Art. I. In General ................................... 136.1 Art. . City Commissi IIons ........................... 136.2 Art. III. Boards, Committees, Commissions ........... 136.2 Div. 1. Generally ............................... 136.2 Div. 2. Code Enforcement ....................... 138 Subdiv. A. Board ........................... 139 Subdiv. Be Citations ........................ 140.3 Div. 3. Reserved,... 00 sees&&@ so Sao&*@& 144 Div, 4. Beautification Board ..................... 144 Art. IV Elections ................................... 145 Art. V. Annexations and Rezoning ................... 148 Art. VI. Finance.................... as 6 0*6 a 46 0 8*6000 148 Div. 1. Generally ............................... 148 Supp. No. 6 6 x WINTER SPRINGS CODE Chapter Page Div. 2. Purchasing .............................. 148 Div. 3. City -Owned Personal Property ............ 148.1 Art. VII. Emergency Management ................... 149 Div. 1. Generally ............................... 149 Div. 2. Conditions of Emergency . ................ 152 3. Alcoholic Beverages ...................................... 203 4. Animals ................................................. 257 5. Tree Protection and Preservation ......................... 309 App. A. Undesirable Trees .......................... 327 App. B. Desirable Trees ............................. 329 App. C. Caculating Tree Protection Zone ............. 334 App. D. Tree Protection Area Signage................ 353 6. Buildings and Building Regulations . ...................... 365 Art. I. In General ................................... RFq Art. H. Administration.*** at@ 0008 0*0 8#0* a 0 0 a a 6 6 1 a & 0 a 369 Div. 1. Generally ............................... 369 Div. 2. Reserved.................... 377 Art. III. Building Construction Standards ............ 377 Art. V. Electricity. Art. V. Plumbing ................................... 378A Art. VI. Mechanical... 8 0 9 0 6 a 0 o a a 0 a a 0 a 0 a 0 0 0 a 0 0 a a 0 0 0 0 0 379 Art. VII. Unsafe Buildings .......................... 379 Art. VIII. Fences, Walls, Hedges ..................... 380 Art. IX. Swimming Pools ............................ 382 Art, X. Gas Code ................................... 386 Art. XI. Reserved................ 0 so 40 a a 0 0 0 6 a 0 G* 0 0 0 a 386 Art, XII. Citations; Unlicensed Contractors; Failure to Obtain Building Permit .................... 386 7. Fire Prevention and Protection ........................... 433 Art. I. Fire Department ............................. 435 Art. II. In General .................................. 435 Art. III. Local Amendment to the Florida Fire Preven- tionCode .................................. 436 Art. IV. Fire Hydrants .............................. 437 8. Flood Damage Prevention ................................ 493 Art. I. In General ................................... 495 Art. H. Administration .............................. 500 Art. III. Standards ................................. 504 9. Land Development, a 6 0 0 at 9 6 a 0 0 a a 0 a 0 0 a a 0 0 0 0 o a 0 a 0 6 0 a 0 a 0 a a a 555 Art. I. In General.. 0 9 561 Art. H. Procedure for Securing Approval of Plans and Plats....................................... 563 Div. 1. Generally ............................... 563 Div. 2. Preliminary Plan ........................ 564 Div. 3. Final Development Plan, Final Plat . a .... 6 566 Supp. No. 6 x TABLE OF CONTENTS—Confd. 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 ................................ 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 6806 0*0 06000 00 69*0 0*0* 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 00* 0000 0#0 00 *400900409 6000 607 Div. 2. Transportation Facilities ................. 607 Div. 3. Police, Fire, Public Buildings and Parks and Recreation .............................. 627 Div, 4. Reserved ................................ 632 Art, IX, Vested Rights .............................. 632 Art. X. Concurrency Administration and Evaluation Pro- cedure ...................................... 638 Div. 1. Overview and Exemptions ............... 0 638 Div. 2. Levels of Service Standards (LOS) ........ 641 Div. 3. Concurrency Administration ............. 0 643 Div. 4. Appeal Procedures ....................... 644 Art. XI. Nonconformities ............................ 644 Art. XII. Minimum Community Appearance and Aes- thetic Review Standards. . 0 6 0 0 0 0 0 0 0 0 0 0 0 649 10. Licenses and Business Regulations ..................... 0 693 Art. I. In General., 0*0*00 000 *too 695 Art. II. Occupational License Taxes ................. a 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 Art. III. Regulations ................................ 820 Div. 1. Generally... to 00090000 Note 0 most 820 Supp. No. 6 xi WINTER SPRINGS CODE Chapter Page Div. 2. Stopping, Standing, Parking... . .......... 822 13. Nuisances .............................................. 873 Art. I. In General ................................... 875 Art, II. Noise ....................................... 878.1 Art. III. Fire and Security Alarms .... . ..... . ..... . .. 879 Art. IV. Miscellaneous Nuisances . ............ . ..... . 881 Art. V. Public Nuisance Abatement Board .......... , , 882 14. Personnel .............................................. 931 Art. I. In General ................................... 933 Art. II. Old Age and Survivors Insurance ............. 933 Art. III. Pension Plan ............................... 934 15. Planning ............................................... 985 Art. I. In General ................................... 987 Art. II. Comprehensive Plan.... 987 A,t TTT 0 �,_rn.._ A_--_ i 4� u, ix..a.. vUIIXJ/1 11G11b1vC 1 1U11 X-"11C11U111C11b,7' Z10I 16. Signs and Advertising, N a 6 4 0 a 0 4 4 0 a 6 0 0 4 a a a so 4 4 9 a 0 0 0 0 0 1041 Art. I. In General..................................0 1043 Art. II. Distribution of Handbills and Periodicals ..... 1043 Al'i;. ill. ;�igris ......... 1045 ............................. Div. 1. Generally ............. . ....... . ......... 1045 Div. 2. Standards ............................... 1048 17. Streets, Sidewalks and Other Public Places, N 6 0 0 * a 0 0 * 0 a 6 * 0 1101 Art. I. In General,. 0 0 0 # N a a 0 a 9 a 0 0 0 0 0 & 8 0 6 0 a N & a 4 0 a 0 6 0 1103 Art, II. Streets ..................................... 1103 Art. III. Sidewalks .................................. 1105 Art. IV. Excavations ................................ 1105 18. Taxation ............................................... 1157 Art. I. In General... 0 0 0 0 0 0 0 0 0 0 a 0 0 6 a 0 0 0 a 0 0 0 0 0 0 1159 Art. II. Municipal Public Service Tax.... & 0 0 0 a 0 0 a 0 0 a 1159 Art. III. Local Improvements Assessments............ 1162 Div. 1. Generally ..............................0 1162 Div. 2. Assessed Areas and Advisory Committees.. 1164 Div. 3. Local Improvement Assessments .. , ...... 0 1166 Div. 4. Related Service Assessments, N 6 a 4 a 0 0 & * 6 * 9 1169 Div. 5. Collection of Assessments , ...... 0 , ..... , . 1173 Div. 6. Issuance of Obligations ................... 1175 Div. 7. General Provisions, ... . .................. 1176 Div. 8. Specific Special Assessment Disticts and Areas ................................... 1176 19. Utilities. N 0 0 0 0 0 0 * 0 * 0 a 0 * 0 6 * 0 a 0 0 0 0 & 6 0 0 0 0 8 0 4 0 0 0 0 0 a 1227 Art. I. In General ................................... 1229 Art. II. Wastewater System ......................... 1229 Div. 1. Generally ............................... 1229 Div. 2. Administration .........................4 1232 Div. 3. Use Regulations ......................... 1235 Supp. No. 9 ON TABLE OF CONTENTS-Contd. Chapter Page 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....................................0 1256 Art. V. Stormwater Management Utility. 0 9 0 0 0 0 a a 0 0 0 0 a 1257 Art. VI. Water Shortage Conditions and Shortages .... 1260.7 Art, VII. Reserved........... 0900* 0000 9 0 0*0*6 1263 Art. VIII. Utility Protection and Enforcement......... 1263 20. Zoning ................................................. 1305 Art. I. In General ................................... 1311 Art. II. Administration............ so@**&@ a 1316 Div. 1. Procedure; Land Use Decisions ........... 1316 Div. 2. Planning and Zoning Board. a 0 0 0 a 0 a 0 0 0 0 a 0 0 1321 Div. 3. Board of Adjustment ..................... 1323 Art. III. Establishment of Districts .................. 1324 Div. 1. Generally .............................. 0 1324 Div. 2. R-1AAA Single -Family Dwelling Districts.. 1326 Div. 3. R-CI Single -Family Dwelling District...... 1327 Div. 4. R-lAA and R4A One -Family Dwelling Dis- tricts .................................... 1328 Div. 5. R-1 One -Family Dwelling Districts ........ 1330 Div. 6. R-3 Multiple -Family Dwelling Districts .... 1330 Div. 7. C-1 Neighborhood Commercial Districts ... 1331 Div. 8. C-2 General Commercial District.......... 1334 Div. 8.5. I-1 Light Industrial District ............. 1335 Div. 9. R-U Rural Urban Dwelling Districts ...... 1336.1 Div. 10. T 1 Trailer Home Districts ............... 1336.2 Div. 11. R-T Mobile Home Park Districts ......... 1337 Div. 12. Town Center District Code ............. 0 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 ............................... 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 Div. 2. Motor Vehicles ..........................9 1365 Div. 3. Siting and Regulation of Telecommunica- tions Towers ............................. 1369 Art. VI. S.R. 434 Corridor Vision Plan ............... 1377 Div. 1. S.R. 434 Corridor Overlay District ....... a 1377 Div. 2. General Design Standards for New Develop. ment Area ..............................a 1378 Supp. No. 6 xiii WINTER SPRINGS CODE Chapter Page 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 CodeIndex ................................................. 3101 Supp. No. 6 Xlv Checklist of Up -to -Date Pages his checklist will be updated with the printing of each Supplement) From our experience in publishing Looseleaf Supplements on a page -for -page substitution basis, it has become evident that through usage and supplementation many pages can be inserted and removed in error. The following listing is included in this Code as a ready guide for the user to determine whether the Code volume properly reflects the latest printing of each page. In the first column all page numbers are listed in sequence. The second column reflects the latest printing of the pages as they should appear in an up-to-date volume. The letters "OC" indicate the pages have not been reprinted in the Supplement Service and appear as published for the original Code. When a page has been reprinted or printed in the Supplement Service, this column reflects the identification number or Supplement Number printed on 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 3 6 13% 140 3 v, vi OC 140.1, 140.2 2 vii, viii OC 140.3, 140.4 2 ix, x 6 141, 142 1 xii 6 1439 144 OC xiii, xiv 6 145, 146 6 1, 2 2 147, 148 6 14 2 148.1, 148.2 6 5, 6 2 14% 150 OC 7, 8 2 151, 152 OC 110 2 203, 204 4 11, 12 2 205, 206 4 13, 14 3 207, 208 4 15, 16 2 257 OC 17, 18 6 259 OC 67 2 30% 310 5 77, 78 4 311, 312 5 7% 80 OC 313, 314 5 81, 82 OC 315, 316 5 83 4 317, 318 5 133, 134 6 31% 320 5 135, 136 6 321, 322 5 136.1, 136.2 3 323, 324 5 Supp. No. 6 [1] WINTER SPRINGS CODE Page No. Supp. No. Page No. Supp. No. 325, 326 5 557, 558 6 327, 328 5 559, 560 6 32% 330 5 561, 562 OC 3312 332 5 563, 564 OC 3332 334 5 5659 566 OC 335, 336 5 567, 568 OC 337, 338 5 5692570 OC 33% 340 5 571,572 OC 341, 342 5 573,574 2 343, 344 5 574.1, 574.2 3 345, 346 5 575,576 OC 347, 348 5 577,578 OC 34% 350 5 57% 580 OC 351, 352 5 581,582 6 5 MOO 1 Koo n n vv4b 1, uuv.4 V 365, 366 6 583,584 1 367, 368 6 584.1, 5842 3 3692370 2 585,586 OC 371, 372 2 587,588 OC 373, 374 2 58% 590 5 375, 376 2 5912592 5 376.1, 376.2 2 592.1, 592.2 3 377, 378 6 593,594 OC 378.12 378.2 6 595,596 OC 378.3, 378.4 6 597,598 OC 379, 380 3 59% 600 OC 381, 382 6 601,602 OC 383, 384 3 603,604 OC 385, 386 3 605,606 2 387, 388 3 607,608 2 433, 434 3 60% 610 6 435, 436 2 611, 612 OC 437, 438 2 613,614 6 439, 440 OC 615,616 OC 441, 442 OC 617, 618 OC 493, 494 3 61% 620 OC 495, 496 1 621,622 OC 497, 498 1 623,624 OC 49% 500 1 625,626 1 501, 502 1 627,628 5 503, 504 1 629, 630 5 505, 506 1 631,632 5 507 1 635,636 OC 555, 556 OC 637,638 2 Supp. No. 6 [2] CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Supp. No. 63% 640 2 883, 884 5 641, 642 2 885 5 643, 644 5 931, 932 3 645, 646 5 933, 934 3 647, 648 5 985, 986 3 64% 650 5 9872988 3 651 5 98% 990 3 93,694 6 1041, 1042 3 695, 696 5 1043, 1044 OC 97,698 5 1045, 1046 5 992700 5 1047, 1048 5 701, 702 5 1048.12 1048.2 5 03,704 5 104% 1050 2 05,706 5 1051 2 07,708 5 1101, 1102 3 709, 710 5 1103, 1104 OC 711, 712 5 1105, 1106 OC 13,714 5 1157, 1158 4 715,716 5 115% 1160 2 17,718 5 1161, 1162 2 192720 5 1162.1, 1162.2 3 721, 722 5 11632 1164 OC 723,724 5 1165, 1166 3 725,726 5 1167, 1168 OC 7272728 5 1169, 1170 OC 72% 730 5 1171, 1172 OC 731, 732 5 1173, 1174 OC 733, 734 5 1175, 1176 4 735, 736 6 1177 4 737,738 6 1227, 1228 6 761, 762 3 1228.1, 1228.2 6 7632764 OC 122% 1230 OC 815, 816 3 1231, 1232 OC 817, 818 OC 1233, 1234 OC 81% 820 OC 1235, 1236 OC 3212822 3 1237, 1238 OC 823 3 1239, 1240 OC 873, 874 6 12412 1242 3 8752 876 6 1243, 1244 3 377,878 6 12459 1246 3 878.1, 878.2 3 1247, 1248 3 87% 880 OC 124% 1250 3 381,882 6 1251, 1252 3 882.1, 882.2 6 1253, 1254 3 S11pp. Mn 9 131 WINTER SPRINGS CODE Page No. Supp. No. Page No. Supp. No. 1255, 1256 3 1342.27, 1342028 1 12579 1258 6 1342929, 1342930 1 12599 1260 6 1342.31, 1342032 1 1260.1, 1260.2 6 1342.33, 1342034 1 1260.3, 1260.4 6 1342.35, 1342036 1 1260s5) 1260.6 6 1342.37, 1342038 1 1260.7, 1260.8 6 1342.3% 1342040 1 1261, 1262 3 1342.41, 1342.42 1 1263, 1264 3 1342.43, 1342044 1 1305, 1306 6 1342.45, 1342.46 1 1307, 1308 6 1342.47, 1342.48 5 130% 1310 6 1342.4% 1342.50 6 1310.1, 1310.2 6 1342.51, 1342.52 6 13112 1312OC 1342.53, 1342.54 6 y I R R lRlA I QA0 vV 1t9AL.I. VV 1315, 1316 6 1342.57, 1342.58 6 13172 1318 6 1343, 1344 OC 131% 1320 6 1345, 1346 OC 1321, 1322 6 1347, 1348 OC 1323, 1324 6 1349, 1350 OC 1325, 1326 6 1351, 1352 OC 1327, 1328 6 1353, 1354 OC 1329, 1330 6 1355, 1356 OC 1331, 1332 6 1357, 1358 OC 1333, 1334 6 1359, 1360 OC 1335, 1336 6 1361, 1362 OC 1336.1, 1336.2 6 1363, 1364 6 133693) 1336.4 6 1365, 1366 2 1337, 1338 OC 1367, 1368 4 133% 1340 OC 1368.11 1368.2 4 1341, 1342 1 136% 1370 1 134201, 1342.2 1 1371, 1372 6 1342.3, 1342.4 1 1372.11 1372.2 6 1342.5, 1342.6 1 1373, 1374 OC 1342.7, 1342.8 1 1375, 1376 OC 1342.9, 1342.10 1 1377, 1378 6 1342.11, 1342.12 1 137% 1380 OC 1342.13, 1342.14 1 1381, 1382 OC 1342.15, 1342.16 1 1383, 1384 1 1342.17, 1342.18 1 1385, 1386 5 1342.1% 1342020 1 1387, 1388 5 1342.21, 1342.22 1 138% 1390 5 1342.23, 1342.24 1 1391, 1392 5 1342.25, 1342.26 1 1392.1, 1392.2 5 Supp. No. 6 [4] CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. 1393, 1394 OC 1395, 1396 1 1396.1 1 1397, 1398 OC 139% 1400 5 1401, 1402 5 1403, 1404 5 1405, 1406 1 1407 1 2091, 2092 OC 2093, 2094 OC 2095, 2096 OC 2097, 2098 3 2099, 2100 6 2145, 2146 6 2197, 2198 2 2199 2 3111, 3112 6 3113, 3114 6 3115, 3116 6 3117, 3118 6 3121, 3122 6 3123 6 3129, 3130 6 3131, 3132 6 3133, 3134 6 3135, 3136 6 3137, 3138 6 3141, 3142 6 3143, 3144 6 Supp. No. 6 [5] CHARTER App. A 00°14'26" west 687.66 feet, run thence north 85°14'00" west 602.10 feet; run thence south 87°51'100" west 1,083.26 feet; run thence south 00°15'09" east 2,167.87 feet; run thence north 84°48'16" west 2,404.62 feet to the point of begin- ning; less that portion of Winter Springs as re- corded in Plat Book 15, Pages 81 and 82 of the Public Records of Seminole County, Florida; also less, begin at the southeast corner of Gardena Farms as recorded in Plat Book 6, Pages 23 and 24 of said Seminole County, Florida; run thence north 05°09'50" east 33.00 feet; run thence north 85000'00" west parallel with the southerly line of said Gardena Farms, 4,502.35 feet; to a point of beginning; run thence further north 85°00'00" west 627.31 feet; thence run north 05°00'00" east 225.00 feet; thence run north 84°09'48" east 1745044 1 feet; thence run south 85°00'00" east 455.00 feet; thence run south 05°00'00" west 257.98 feet to the point of beginning; also less, begin at the south- east corner of Gardena Farms as recorded in Plat Book 6, Pages 23 and 24 of the Public Records of Seminole County, Florida; run thence north 05°09'50" east along the east line of said Gardena Farms 7,160.06 feet to a point on the northerly right-of-way line of a Florida Power and Light easement as recorded in O.R. Book 183, Page 130; run thence north 85°10'12" west along said north- erly right-of-way line 2,513.71 feet to a point on the southerly right-of-way line of a Florida Power and Light easement as recorded in D.B. 193, Page 276, of said Seminole County; run thence south 1,098.64 feet; run thence north 85°10'12" west 772.70 feet to the point of beginning; run thence north 04°49'48" east 300.00 feet; run thence north 85010'12" west 675.80 feet to the easterly right- of-way line of the Tuscawilla-Gabriella Road; run thence south 23°20'07" west along said easterly right -of --way line 316.36 feet; thence leaving said easterly right-of-way line run south 85°10'12" east 776.20 feet to the point of beginning, contain- ing 2,890.9140t acres. And also less, the south 33 feet of the aforesaid Gardena Farms Subdivision, and also less that part lying within existing North Orlando city limits, and begin at the northeast corner of Lot 6, Gardena Farms as recorded in Plat Book 6, Pages 23 and 24, Public Records of Seminole County, Florida; run thence westerly along the north line of Lots 6 through 11 a distance of 3,851.40 feet to the northwest corner of Lot 11 of said Gardena Farms; run thence southerly along the westerly line of said Gardena Farms 6,623.75 feet; thence run westerly to a point 1,309.8 feet north and 198 feet east of the northwest corner of Section 13, Township 21 South, Range 30 East; thence run southerly 1,309.8 feet to a point 198 feet east of said northwest corner of Section 13, Township 21 South, Range 30 East; thence run easterly 906.5 feet; thence run north 19°20' east 359.00 feet; thence run south 85° east 801.9 feet; thence run south 05° west to the westerly right -of --way line of the Tuscawilla- Gabriella Road; thence run northeasterly along the said westerly right-of-way line of the T iscawilla- Gabriella Road to the point of beginning, and also Lots 1 and 2, Block A, D. R. Mitchell's Survey of the Levy Grant, Plat Book 1, Page 5, Seminole County Public Records, less all that part previ- ously lying within the city limits of the Village of North Orlando, and also, Begin at the intersec- tion of State Road 15 and 600 (U.S. 17/92) and State Road S 434 run south 89°02'30" east 4,005,18 feet to the P.C. of a curve concave to the north, having a radius of 2,864.93 feet, a central angle of 5°30'30"; thence run northeasterly along said curve an arc length of 275.42 feet to the P.T. of said curve; thence run north 85°27'00" east 3,709.58 feet to the P.C. of a curve concave northwesterly having a radius of 1,273.57 feet, a central angle of 18°58'00"; thence run northeasterly along said curve an are length of 421.48 feet to the P.T. of said curve; thence run north 66°29'00" east 2,776.82 feet to the P.C. of a curve concave northwesterly having a radius of 1,637.28 feet, a central angle of 17004100"; thence run northeasterly along said curve an arc length of 487.67 feet to the P.T. of said curve; thence run north 49°25'00" east 70.24 feet to the P.C. of a curve concave southeasterly having a radius of 636.62 feet, a central angle of 27°58'00"; thence run northeasterly along said curve an arc length of 310.74 feet to the P.T. of said curve, said point being the intersection of State Roads S 434 and 419, less those parts lying within the City of Casselberry and the City of Longwood, Florida. Supp. No. 6 17 App. A WINTER SPRINGS CODE Ordinances Annexing Property to the City Ord. No. Date Ord. No. Date 2000-08 4-10-00 2002-03 5-13-02 2000-22 8-14-00 2002-26 11-25-02 2000-24 844-00 200348 6-23-03 2000-33 1143-00 2003-27 7-28-03 2000-36 11-27-00 200342 1-12-04 200040 11-27-00 2004-09 2- 9-04 200041 11-27-00 200445 5-24-04 2001-01 1-22-01 200448 5-24-04 2001-03 1-22-01 2004-21 5-24-04 2001-34 641-01 Editor's note— The above list of ordinances annexing property to the city begins with Ord. No. 2000-08, adopted Apr. 10, 2000. Supp. No. 6 18 IThe next page is 67] Chapter 2 Article I. In General Sec. 2-i. Abandoned property; disposition by city. Sec. 2-2. Use of city athletic facilities; fees. Secs. 2-3-2-25. Reserved, Article II. City Commission Sec. 2-26. Recall of elected officials. Secs. 2-27-2-40. Reserved. Article III. Boards, Committees, Commissions Division 1. Generally Sec. 2-41. Fee paid to appointed board members; attendance of meetings. C. 2-42. Appointments of boards and committees. Secs. 2-43-2-55. Reserved. Division 2. Code Enforcement Subdivision A. Board Sec. 2-56. Creation. Sec. 2-57. Membership; appointment; qualifications. Sec. 2-58. Election of officers; quorum; compensation; expenses. Sec. 2-59. Code inspector; duties. Sec. 2-60. Hearings. Sec. 2-61. Powers. Sec. 2-61.5. Application for satisfaction or release of code enforcement liens. Sec. 2-62. Duration of lien. Sec. 2-63. Appeals. Sec. 2-64. Notices. Sec. 2-65. Provisions of article supplemental. Subdivision B. Citations Sec. 2-66. Intent. Sec. 2-67. Definitions. C. 2-68. Designation, qualifications and training of code enforcement officers. Sec. 2-69. Authority of code enforcement officers. Sec. 2-69.1. Citation procedure. Sec. 2-69.2. Delivery of warning notices and citations. Sec. 2-69.3. Violation classification and civil penalty. Sec. 2-69.4. Schedule of violations. Sec. 2-69.5. Procedures to pay or contest citations. Sec. 2-69.6. Citation contents. *Editor's note —The city commission has by various ordinances chosen not to have certain county ordinances in effect within the city. These ordinances are on file in the city clerk's office. Cross references —Alcoholic beverages, Ch. 3; city forestry office established, § 5-2; fire department, § 7-26 et seq.; uniform street numbering system, § 9-370 et seq.; licenses and business regulations, Ch. 10; nuisances, Ch. 13; personnel, Ch. 14; taxation, Ch. 18; utilities, Ch. 19. State law reference —Municipal home rule powers act, F.S. ch. 166. Supp. No. 6 133 WINTER SPRINGS CODE Sec, 2-69.7. Disposition of citations and civil penalties. Sec. 2-69.8. Provisions supplemental. Division 3. Reserved Secs. 2-70-2-73. Reserved. Secs. 2-74, 2-75. Reserved, Division 4. Beautification Board Sec. 2-76. Created. Sec. 2-77. Composition; appointment of members. Sec. 2-78. Organization; meetings. Sec. 2-79. Duties; expenditures. Sec. 2-80. Master beautification plan; recommendations to city commission. Article IV. Elections Sec. 2-81. Election supervisor. Sec. 2-82. Proclamation. Sec, 2-83. Municipal elections to be veneral elections. Sec. 2-84. Determination of person elected. Sec. 2-85. Election boards. Sec. 2-86. Nonpartisanship required. Sec. 2-87. Qualification of candidates. Sec. 2-87.1. Vacancy in candidacy. Sec. 2-88. Qualifying fees. Sec. 2-89. Registration of voters. Sec. 2-90. Voting places. Sec. 2-91. Voting machines. Sec. 2-92. Absentee voting. Sec. 2-93. Canvass of return. Sec. 2-94. Applicability of Code to election where questions are submitted. Sec. 2-95. Additional duties of city clerk. Sec. 2-96. Early voting exemption. Secs. 2-97-2415. Reserved, Article V. Annexations and Rezoning Sec. 2-116. Annexation fees. Sec. 2-117. Waiting period for annexation or rezoning of property. Secs. 2418-2-135. Reserved, Article VI. Finance Division 1. Generally Secs. 2-136-2-150. Reserved. Division 2. Purchasing Sec. 2-151. Purchasing policy and procedure established. Sec. 2-152. When written bids are required; waiver. Secs. 2-153-2-190. Reserved. Division 3. City -Owned Personal Property Sec. 2-191. Definition of property. Sec. 2-192. Identification; record; inventory. Supp. No. 6 134 ADMINISTRATION Sec. 2-193. Property supervision and control. Sec. 2494. Disposal of surplus property. Secs. 2-195-2-249. Reserved. Article VII. Emergency Management Division 1. Generally Sec. 2-250. Intent. Sec. 2-251. Definitions. Sec. 2-252. Applicability of provisions. Sec. 2-253. Emergency management structure. Sec. 2-254. Powers, duties, and responsibilities. Sec. 2-255. Declaration of a state of emergency. Sec. 2-256. lhrmination of a state of emergency. Secs. 2-257-2-260. Reserved. Division 2. Conditions of Emergency Sec. 2-261. Weather emergencies. Sec. 2-262. Public emergencies. Sec. 2-263. Fire emergencies. Sec. 2-264. Suspension of local building regulations. Sec. 2-265. Certification of emergency conditions. Supp. No. 6 135 WINTER SPRINGS CODE [THIS PAGE INTENTIONALLY LEFT BLANK] Supp. No. 6 136 ADMINISTRATION Sec. 248. Organization; meetings. The Beautification of Winter Springs Board shall conduct such meetings as may be necessary to properly perform its duties and functions and shall establish rules or bylaws to govern the manner in which its meetings and affairs are conducted, provided that such rules and proce- dures are not inconsistent with federal and state law (where applicable), the City Code or direction of the city commission. (Ord. No. 459, § 3, 5-22-89; Ord. No. 2002-28, § 2, 9-23-02) Sec. 2-79. Duties; expenditures. (a) The Beautification of Winter Springs Board is empowered and directed to consider and study the entire field of beautification in the city, and shall advise, counsel and consult with the city commission and the city manager in connection with the beautification and preservation of natu- ral beauty of the city. The BOWS board shall consider all matters submitted to it by the city commission or the city manager, and shall offer suggestions and recommendations on its own initiative in regard to the beautification and clean- liness of city properties. It shall receive petitions and suggestions from the citizens of the city, and shall cooperate with civic groups, garden clubs, governmental agencies and other organizations regarding beautification, conservation of natural beauty, and related subjects. (b) The members of BOWS shall be compen- sated in accordance with the manner and proce- dure set down by the city commission. (Ord. No. 459, § 42 5-22-89) Sec. 2-80. Master beautification plan; recom- mendations to city commission. (a) It is the purpose of the Beautification of Winter Springs Board to prepare a master plan for the overall beautification of the city with regard to those areas owned by the city, and recommendations to private owners. This board shall work with other civic groups and govern- mental agencies within the environmental limits of the city such as the following: (1) Approaches to the city; (2) Surrounding county areas which affect the impressions of visitors and citizens of the area with regard to the city. (b) BOWS shall recommend to the city commis- sion such overall projects as seem warranted, but shall refrain from making individual specific rec- ommendations. BOWS shall not concern itself with the day-to-day affairs of normal city func- tions, but shall, upon request of the city commis- sion, make specific recommendations. (Ord. No. 459, § 5, 5-22-89) ARTICLE 1V. ELECTIONS* Sec. 2-81. Election supervisor. The city clerk is hereby designated the super- visor of elections for the city. (Code 1974, § 2-27) Sec. 2-82. Proclamation. The mayor shall issue a proclamation calling the municipal elections provided for in this article anI at least sixty (60) days prior thereto. The proclamation shall be published in a newspaper of general circulation in this city once each week for four (4) consecutive weeks prior to the municipal election. (Code 1974, § 2-29) Sec. 2-83. Municipal elections to be general elections. Municipal elections held as provided in this article shall be general municipal elections and no other municipal primary or general election shall be necessary. The successful candidates deter- mined as provided in this article shall be the duly elected officers for their respective offices and shall take office on the first Monday after the first day of December next succeeding the election. (Code 1974, § 2-30) Charter reference —Election date, § 4.03. *Charter references —City commission election and terms, § 4.03; nominations and elections, § 8.01 et seq. Cross reference —City commission, § 2-26 et seq. Supp. Mn 9 145 WINTER SPRINGS CODE Sec. 2-84. Determination of person elected. The person receiving the highest number of votes cast for one (1) office is elected to the office. If there should be more than two (2) candidates for any one (1) office, and two (2) candidates receive an equal and highest number of votes cast in the municipal election for the same office, then the two (2) candidates receiving an equal and highest number of votes cast shall run again in a runoff municipal election. The runoff election shall be held fourteen (14) days after the initial election and the candidate receiving the majority of the votes cast at such runoff election shall be elected. (Code 1974, § Ml) The mayor shall appoint an election board for the municipal elections herein provided for. The names of the members of such election board shall he inebidPd in the prorlam_.ati®n for the hold. n.g of the municipal elections. The mayor shall fill any vacancy in the election board by appointment. The compensation of such boards shall be set by the city commission. The duties and responsibili- ties of the election board shall be those as stated in F.S. ch. 102, for state offices. In years when the county supervisor of elections conducts the mu- nicipal election, the supervisor shall appoint the election board, shall fill any vacancy and shall set the compensation of the election board. (Code 1974, § 2-32) Sec. 2-86. Nonpartisanship required. Municipal elections shall be nonpartisan and all officers shall be elected without reference to their political faith or party affiliations. (Code 1974, § 2-33) Sec. 2-87. Qualification of candidates. Each candidate seeking the office of city com- missioner or mayor or any other elective office of the city shall file a petition signed by fifteen (15) registered voters of the city with the city clerk. Each candidate seeking the office of city commis- sioner or mayor of any other elective office of the city shall have resided in the city one (1) year prior to the time of qualifying. Each candidate Supp. No. 6 146 seeking the office of city commissioner shall be a resident of a designated commission district as established by ordinance and shall have resided in the designated commission district six (6) months prior to the time of qualifying. Notwithstanding the above requirement, city commissioners shall run at large as commission candidates under district designation. All candidates for offices in municipal elections shall be registered and qual- ed electors of the city at the time of their qualifying as a candidate with the city clerk and shall file qualifying papers in accordance with state statutes and pay the qualifying fee and election assessment provided for in section 2-88. Such application shall be filed and the qualifying fee paid during regular business hours any time after 12:00 noon on the first filing date, which shall be seventy-one (71) calendar days prior to the municipal election, but not later than 12:00 on on the sixty-seventh (67) calendar day prior to the municipal election. In the event, the first or last' tiling elate falls on a Saturday, Suaday; or legal holiday, then the subject filing date shall be rescheduled to the next regular business day. (Code 1974, § 2-34; Ord. No. 494, § 2, 8-13-90; Ord. No. 2004-25, § 2, 6-14-04) Sec. 2-87.1. Vacancy in candidacy. (a) If the death, withdrawal or removal of a qualified candidate following the end of the qual- ng period results in only one candidate remain- ing on the ballot for that office, the remaining candidate shall be declared elected and no elec- tion for that office shall be required. (b) If the death, withdrawal or removal from the ballot of a qualified candidate following the end of the qualifying period results in no candi- dates for an office, and if a vacancy shall result on the city commission, such vacancy shall be filled in accordance with section 4.08(c) of the Charter of the City of Winter Springs, Florida. (c) A candidate withdrawing or being removed from the ballot after having qualified and paid the qualification fee shall not receive a refund of the qualifying fee. (Ord. No. 509, § 1, 9-23-91) ADMINISTRATION Sec. 2-SS. Qualifying fees. (a) All candidates for city commission and mayor, qualifying as provided in this Code, shall pay a qualifying fee of one hundred fifty dollars ($150.00). The qualifying fee and the election assessment shall be paid to the city clerk and be paid by the clerk into the general fund of the city. Within thirty (30) days after the close of qualify- ing, the city clerk shall forward the elections assessment to the Department of State. (b) Pursuant to F.S. § 99.093(2), candidates who are unable to pay the election assessment without imposing an undue burden on their per- sonal resources or resources otherwise available to them shall upon written certification of such inability given under oath to the city clerk be exempted from paying the election assessment. Any candidate exempt from the election assess- ment shall also be exempt from the city's qualify- ing fee. (Code 1974, § 2-35; Ord. No. 2004-25, § 2, 644-04) Sec. 2-89. Registration of voters. Voters in a municipal election shall be regis- tered in the manner provided for by the General Laws of Florida as set out in Florida Statutes, Chapters 97 and 98. All voters residing within the municipal limits of the city and registered by the supervisor of elections to vote in the county, shall be eligible to vote in all municipal elections. (Code 1974, § 2-36) State law reference —Qualifications of municipal elec- tors, F.S. § 166.0320 Sec. 2-90. Voting places. In those years when the city conducts the election not in conjunction with the county elec- tion, voting places for municipal elections shall be designated by the city commission. The location of the voting places shall be included in the mayor's proclamation called for by section 2-82 above. In the event there should be a runoff election, the same voting places shall be used. (Code 1974, § 2-38) Co 2-91. Voting machines. Voting machines shall be used for voting in the municipal elections provided for in this article in the same manner as such machines are used for voting in state and county elections. (Code 1974, § 2-39) Sec. 2-92. Absentee voting. Absentee voting in the municipal elections pro- vided for in this article shall be permitted and governed by F.S. §§ 101.62 through 101.70. (Code 1974, § 240) Sec. 2-93. Canvass of return. In those years when the city conducts the election not in conjunction with the county elec- tion, returns shall be canvassed by the city can- vassing board designated to canvass the returns in municipal elections. Such city canvassing board shall consist of the city clerk and two (2) members of the city commission to be designated by the commission. The canvassing board shall canvass the returns and issue their certificate pursuant to F.S. chs. 101 and 102 and issue its certificate of election to the successful candidate. The certifi- cate of the canvassing board shall be issued in triplicate; one (1) copy to be deposited with the city clerk, one (1) copy shall be delivered to the city commission, and one (1) copy shall be posted on the public bulletin board in the city hall. Such certificate shall be recorded in the minutes of any meeting of the city commission held immediately following the filing of the certificate. In years when the county supervisor of elections conducts the municipal election, the county canvassing board shall be designated to canvass the returns of the municipal election. (Code 1974, § 241) Sec. 2-94. Applicability of Code to election where questions are submitted. At all elections at which any question is sub- mitted to the electors, including bond issues, this article shall apply to the extent that it can be made applicable and is not preempted by the general election laws of the state. (Code 1974, § 242) State law reference —Bond referendum, F.S. § 100.201 et seq. Supp. No. 9 14'] § 2-95 WINTER SPRINGS CODE Sec. 2-95. Additional duties of city clerk. The city clerk is authorized and directed to have prepared such forms and perform such min- isterial duties as are required by this article by necessary implication in order to accomplish the objectives of this article, and the intent of the city commission in adopting it. (Code 1974, § 243) Sec. 2-96. Early voting exemption. The City of Winter Springs is hereby exempt from the early voting provisions of section 101.657, Florida Statutes. From time to time, the city may contract with the Seminole County Supervisor of Elections to conduct early voting for the City of Winter Springs at the office of the supervisor of Plnrtinn and oni, n+1, 1<> ` ..uriy v'Vtiits .Auu o d1 Supervisor may establish in public libraries and/or city halls. (Ord. No. 2004-37, § 1, 8-23-04) Secs. 2-97-2-115. Reserved. ARTICLE V. ANNEXATIONS AND REZONING* Sec. 2-116. Annexation fees. (a) All applications for annexation of property into the city shall be accompanied by an annex- ation fee. Such fee will be established by resolu- tion of the city commission, pursuant to the authority of this section. (b) The annexation fee shall be used to pay the costs of annexation and any additional costs re- lated thereto. (Code 1974, § 24) Sec. 2417. Waiting period for annexation or rezoning of property. No parcel of property shall be considered for annexation into the city, nor shall any parcel of property within the city be considered for rezon- *Grose references —Buildings and building regulations, Ch. 6; land development, Ch. 9; streets, sidewalks and other public places, Ch. 17; zoning, Ch. 20. State law reference —Annexation procedure, F.S. ch. 1719 Supp. No. 6 148 ing, for a six-month period of time following the denial of a petition for annexation or rezoning; provided, however, that the six-month waiting period may be waived by the city commission. (Code 1974, § 24.1) Secs. 2-118-2-135. Reserved. ARTICLE VI. FINANCE DIVISION 1. GENERALLY Secs. 2-136-2-150. Reserved. DIVISION 2. PURCHASING# Sec. 2-151. Purchasing policy and proce- dure established. Unless otherwise provided by city charter, city or.ln*xar. , or f1tritc or we __°l 1m=v,all caLy puY- 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 twelve thousand five hundred dollars ($12,500.00). All purchases or contracts for all commodities and services required by the city which exceed twelve thousand five hundred dol- lars ($12,500.00) shall be approved by the city commission. (Ord. No. 200045, § 1, 642-00) Sec. 2452. When written bids are required; waiver. Unless otherwise required by city charter, city ordinance, or state or federal law, competitive iCharter references —Independent audits, § 4.12; finan- cial procedures generally, § 7.01 et seq. Cross references —Licenses and business regulations, § 10-1 et seq.; taxation, § 18-1 et seq. State law references —Municipal finance and taxation, F.S. § 166.201 et seq.; budget adoption, F.S. § 200,065; munic- ipal financial matters, F.S. ch. 218. #Editor's note —Ord. No. 2000-15, § 1, adopted June 12, 2000, amended former Div. 3, §§ 2451-2453, in its entirety to read as herein set out. Former Div. 3 pertained to similar subject matter and derived from the Code of 1974 and the following: Ord. No. 564, § 1, 7-25-94; Ord. No. 691, § I, 12-8-97. ADMINISTRATION prices for all purchases of commodities and ser- vices shall be obtained by written bid, quote, or proposal and the purchase made from, or the contract awarded to, the lowest and best respon- sible bidder. Notwithstanding any requirement for obtaining written bids, quotes or proposals, purchases may be made by: (i) cooperating with other governmental entities in soliciting compet- itive bids, quotes or proposals; (ii) using compet- itive bids, quotes or proposals received by other governmental 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 purchase card, provided the purchase complies with the city's purchase card guidelines; (v) using a sole source vendors (vi) negotiating directly with a provider of professional services; and (vii) declaring a purchase an emergency; provided said purchases are allowed by city char- ter and state and federal law and deemed in the best interests of the city by the city commission or the city manager for purchases within the city manager's spending authority. (Ord. No. 200045, § 1, 642-00) 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. s 148.1 § 2-191 WINTER SPRINGS CODE [THIS PAGE INTENTIONALLY LEFT BLANK] Supp. No. 6 148.2 Chapter 6 BUILDINGS AND BUILDING REGULATIONS* Article I. In General Sec. 6-1. Purpose. Sec. 6-2. Compliance with chapter. Sec. 6-3. Use of building erected or altered in violation of chapter. Sec. 64. Violations. Sec. 6-5. Authority of building inspector to stop work if contrary to public welfare. Sec. 6-6. Energy efficiency code adopted. Secs. 6-7-6-30. Reserved. Article II. Administration Division 1. Generally Sec. 6-31. Administrative amendments to Chapter 1 of the Florida Building Code. Sec. 6-32. Administrative amendments to Chapter 2 of the Florida Building Code. Sec. 6-33. Establishing the location of local wind speed lines. Sec. 6-34. Adoption of Florida Building Code appendices. Secs. 6-35-645. Reserved. Division 2. Reserved Secs. 6-46-6-80. Reserved. Article III. Building Construction Standards Sec. 6-81. Standard Building Code, Standard Existing Building Code, Stan- dard Housing Code and One and Two Family Dwelling Code adopted. Sec. 6-82. Amendment to building code. Sec. 6-83. Television dish antennas. Sec. 6-84. Accessory buildings. Sec. 6-85. Screen enclosures. Sec. 6-86. Minimum setback requirements within PUD zoning districts. Sec. 6-87. Temporary storage structures. Secs. 6-88-6-100. Reserved. Article IV. Electricity Sec. 6-101. Electrical code adopted. Sec. 6-102. Terms defined. *Cross references —Code enforcement board to enforce certain ordinances of the city, § 2-56 et seq.; beautification board, § 2-76 et seq.; annexations and rezonings, § 2-116 et seq.; arboreal standards of the City of Winter Springs, Ch. 5; regulations regarding landscaping applicable to pizvately held property, § 5-3; fire prevention and protection, Ch. 7; fire code adopted, § 7-46 et seq.; fire hydrant requirements, placement and maintenance, § 7-76 et seq.; flood damage prevention, Ch. 8; land development, Ch. 9; uniform building numbering system, § 9-370 et seq.; impact fees, § 9-386 et seq.; licenses and business regulations, Ch. 10; nuisances, Ch. 13; fire and security alarms, § 13-51 et seq.; planning, Ch. 15; comprehensive plan, § 15-26 et seq.; signs and advertising, Ch. 16; sign construction standards, § 1646 et seq.; excavation standards and requirements, § 1746 et seq.; utilities, Ch. 19; zoning, Ch. 20. State law reference —Building construction regulations, F.S. ch. 553. Supp. No. 6 365 WINTER SPRINGS CODE Sec. 6-103. Electrcal inspection. Sec. 6404. Fees. Secs, 6405-6425. Reserved. Article V. Plumbing Sec. 6-126. Plumbing code adopted. Sec. 6-127. Terms defined. Sec. 6-128. Plumbing inspection. Sec. 6429. Fees. Secs, 6430-6445, Reserved, Article VI. Mechanical Sec. 6-146. Standard Mechanical Code adopted. Sec. 6-147. Definitions. Sec. 6448. Mechanical inspection. Sec. 6-149. Fees. Secs, 6450-6464, Reserved. Article VII. Unsafe Buildings Sec. 6-165. Standard Unsafe Building Abatement Code adopted. Sec. 6-166. Repair or removal. Sec. 6-167. Notice of unsafe building to be served on persons having interest in building; method of service. Sec. 6-168. Court action to compel compliance or prosecute offender upon disregard to notice. Sec. 6-169. Vacating unsafe buildings and closing adjacent streets. Secs. 6-170-6485. Reserved. Article VIII. Fences, Walls, Hedges Sec. 6-186. Permit required. Sec. 6-187. Construction materials. Sec. 6488. Exceptions to section 6487. Sec. 6-189. When barbed wire permissible. Sec. 6-190. Height limitations generally. Sec. 6-191. Limitations when adjacent to street, intersection. Sec. 6492. Utility easements. Sec. 6493. Distance from property line. Sec. 6494. Article provisions not controlling; exception. Secs. 6-195-6-209. Reserved, Article 1X. Swimming Pools Sec. 6-210. Code adopted. Sec. 6-211. Definitions. Sec. 6-212. Application for permit; plans and specifications. Sec. 6-213. Inspections. Sec. 6-214. Contractor's qualifications. Sec. 6-215. Owner's privilege. Sec. 6-216. Design and construction requirements. Sec. 6-217. Enclosure required. Sec. 6-218. General construction provisions for concrete pools. Sec. 6-219. Yards. Sec. 6-220. Electrical requirements. Sec. 6-221. Plumbing requirements. Supp. No. 6 366 BUILDINGS AND BUILDING REGULATIONS Sec. 6-222. Nuisances, Sec. 6-223. Conflict with deed restrictions. Secs. 6-224-6-239. Reserved. Article X. Gas Code Sec. 6-240. Standard Gas Code adopted. Sec. 6-241. Tbrms defined. Sec. 6-242. Gas inspection. Sec. 6-243. Fees. Secs. 6-244-6-249. Reserved. Article XI. Reserved Secs. 6-250-6-269. Reserved. Article XII. Citations; Unlicenced Contractors; Failure to Obtain Building Permit Sec. 6-270. Intent and purpose. Sec. 6-271. Findings. Sec. 6-272. Citation authorized for construction contracting violations. Sec. 6-273. Citation form. Sec. 6-274. Penalty. Sec. 6-275. Refusal to sign citation. Sec. 6-276. Stop work. Sec. 6-277. Correction of violation; payment of penalty; notice of hearing. Sec. 6-278. Administrative hearings; accrual of penalties. Sec. 6-279. Appeals of code enforcement board decisions. Sec. 6-280. Recording code enforcement board orders. Sec. 6-281. Notices. Supp. No. 6 367 WINTER SPRINGS CODE [THIS PAGE INTENTIONALLY LEFT BLANK] Supp. No. 6 368 � ifi�i�i►[!7.`1:�►iEMPAMELVAIkL%J �D[E[iI//:VI�t�7�i.9 Stop work order. An order by the building official, or his designee, which requires the immediate cessation of all work and work ac- tivities described in the order. Structural component. Any part of a system, building or structure, load bearing, or non -load bearing, which is integral to the structural integrity thereof, including but not limited to walls, partitions, columns, beams and girders. Structural work or alteration. The installa- tion or assembling of new structural compo- nents into a system, building or structure. Also, any change, repair or replacement of any exist- ing structural component of a system, building or structure. Substantial completion. Where the construc- tion work has been sufficiently completed in accordance with the applicable city, state and federal codes, so that the owner can occupy or utilize the project for the use for which it is intended. Value. Job cost. (Ord. No. 2001-57, § 2, 12-10-01) Sec. 6-33. Establishing the location of local wind speed lines. Section 1606.1.E of the Florida Building Code requires the exact locations of wind speed lines to be established by local ordinance using recog- nized physical landmarks such as major roads, canals, rivers and lake shores, wherever possible. The city commission adopts the following loca- tions: All land lying within the city limits of the City of Winter Springs shall have a wind speed designation of one hundred ten (110) miles per hour as designated on the wind speed contour map attached hereto as Exhibit "A", with the city limits being graphically depicted with land- marks upon the map attached hereto as Ex- hibit 'B". (Ord. No. 2001-57, § 2, 1240-01) Editor's note —Exhibits "A" and'B" are not set out herein but are avialable in the office of the city clerk. Sec. 6-34. Adoption of Florida Building Code appendices. Appendices D, E, F, and H of the Florida Building Code are hereby adopted by reference. (Ord. No. 2001-57, § 2, 12-10-01) Secs. 6-35-6-45. Reserved. DIVISION 2. RESERVED* Secs. 6-46-6-80. Reserved. ARTICLE III. BUILDING CONSTRUCTION STANDARDSt Sec. 6-81. Standard Building Code, Stan- dard Existing Building Code, Stan- dard Housing Code and One And Two Family Dwelling Code adopted. The city hereby adopts in there entirety the Standard Building Code 1997 Edition, excluding Section 102.2.1, Section 2405.2.1.6, Chapter 11, anI Appendices B and E; the Standard Existing Building Code 1988 Edition; and the Standard Housing Code 1991 Edition, as promulgated by the Southern Building Code Congress Interna- tional, Inc. and the One And Two Family Dwelling Code 1995 Edition excluding Section 308.4.9 as the minimum standards for building and construc- tion within the city. The provisions of these stan- dard codes shall govern all matters contained therein, except when in conflict with the provi- sions of this chapter or other ordinances of the city. (Code 1974, § 5-2; Ord. No. 461, § 1, 6-26-89; Ord. No. 517, § 1, 2-24-92; Ord. No. 605, § I, 11-27-95; Ord. No. 692, I, 1-12-98) *Editor's note —Ord. No. 2001-57, § 1, adopted Dec. 10, 2001, repealed former Div. 2, §§ 6-46-6-58, in its entirety which pertained to permits and inspections and derived from the Code of 1974. tState law reference —Building construction standards, F.S. ch. 553. Supp. No. 6 377 WINTER SPRINGS CODE Sec. 6-82. Amendment to building code. (a) Section 108.1, Appointment, of the building code adopted by this chapter is hereby amended to read as follows: "There is hereby established a board to be called the board of adjustments and appeals, which shall consist of five (5) members of the Winter Springs City Commission. The term of office for each of the five (5) seats which com- prise the board of adjustments and appeals shall be the term of office for the commissioner who occupies that particular seat. Vacancies shall be filled for an unexpired term in the same manner in which commission seat vacan- cies are filled under the terms of the City Charter for the City of Winter Springs as well as the winter Springs Uode of Urdinances." (b) In addition to the requirements of the Stan- dard Building Code Chapter 18, Section 1804— Footings and Foundations, ftbe following shall be added:] "In all masonry buildings there shall be a minimum of either two (2) one-half (1/2) inch or three (3) three -eighths (3/8) inch steel rods in the foundation of same." (Code 1974, § 5-3; Ord. No. 605, § I, 11-27-95) Sec. 6-83. Television dish antennas. (a) Permit required. The installation of all tele- vision dish antennas and/or satellite antennas shall require a building permit. (1) Television dish antennas or satellite an- tennas shall not be installed or attached to any part of the roof structure of any residential building. (2) Television dish antennas or satellite an- tennas maybe installed on or attached to roofs of commercial or industrial build- ings but only upon submission of a certif- icate of an engineer or architect currently registered to do business in the state. Such certification shall be to the effect that a structural analysis has been made of the building and such building can safely support the specific antenna with a minimum wind loading of one hundred (100) miles per hour. Sapp. No. s 378 (3) Television dish antennas or satellite an- tennas shall not be installed in front of the front line of any residential, commer- cial, or industrial building. (4) Television dish antennas or satellite an- tennas may only be installed in side yards or back yards of any building. (5) No portion of any antenna or support structure shall be closer than five (5) feet from any property line. (6) Television dish antennas or satellite an- tennas shall not be located on any public way, easement, or parkway. (7) Television dish antennas or satellite an- tennas shall not be installed in any des- ignated parking area of any building. (8) Mobile mounted television dish antenna or satellite antenna structure shall com- ply with all requirements (1) t1hro11Lh (7) above. (b) Apartment and condominium buildings. Apartment or condominium buildings above three (3) stories in height shall be treated as commer- cial structures for the purpose of these regula- tions for television dish antenna or satellite an- tennas. (c) Height restriction. The installation of any television dish antenna or satellite antenna shall not exceed the height restriction set forth in the zoning ordinance for that location. (Code 1974, § 5-9) Sec. 6-84. Accessory buildings. (a) General. Accessory building means a de- tached, subordinate structure, the use of which is clearly incidental to, customarily associated with, and related to the principal structure or use of the land, and which is located on the same lot as the principal structure or use. Accessory buildings shall include storage buildings, toolhouses, party houses, bathhouses (used in conjunction with swimming pool) and similar uses. No more than two (2) accessory buildings shall be allowed on any single lot. Accessory buildings shall not be used as living quarters. BUILDINGS AND BUILDING REGULATIONS (b) Height and size restrictions. The maximum height shall be twelve (12) feet measured from ground level. The maximum size of any structure shall be two hundred forty (240) square feet. (c) Location. All accessory buildings shall be located to the rear of the existing buildings line. (d) Permits. A building permit shall be re- quired before construction or placement can take place. No accessory building shall be permitted prior to construction of the principal building. (e) Setback requirements. When an accessory building is attached to a principal structure by a breezeway, passage or otherwise, it shall become a part of the principal structure and shall be subject to the required setbacks of the principal structure. (1) Corner setback —On all corner lots the minimum open sideyard setback shall be that of the principal building. (2) Rear yard setback —Shall be a minimum of six (6) feet. (3) Side yard setback —Shall be that of the lot on which the building is to be located. (4) Easements —If an easement on the lot where the building is to be located is greater than that addressed above, then the easement size shall prevail. No build- ing shall be constructed or placed on an easement. (f) Upon application filed with the city, the city commission may vary the number, height, and size requirements set forth in this section or approve an accessory building on an adjacent lot by conditional use permit under the following conditions: (1) The subject property has a residential rural future land use map designation under the city's comprehensive plan. (2) The applicant submits for review and consideration a detailed architectural ren- dering of the proposed accessory building and a plot plan drawn to scale. (3) The city commission finds that: a. The proposed accessory building is compatible and harmonious with the principal structure and the surround- ing land uses and structures; b. The proposed accessory building will not adversely impact land use activ- ities in the immediate vicinity; c. The height of the proposed accessory building does not exceed the height of the principal structure; and d. The accessory building shall meet the requirements of the applicable zoning district including setback and maximum lot coverage. (4) An accessory building maybe constructed on a lot adjacent to the lot on which the principal building is located under the following conditions: a. The conditions set forth in subsec- tions (1), (2), and (3) are satisfied. b. Alegal instrument reasonably accept- able to the city is recorded in the public records of Seminole County that provides that the principal build- ing lot and the adjacent lot are uni- fied under common ownership and that in the event said ownership is ever separated, the accessory build- ing shall be removed or a principal building shall be constructed on the adjacent lot within one (1) year from the date the lots are separated. (Code 1974, § 540; Ord. No. 460, § 1, 6-26-89; Ord. No. 2003-02, § % 4-28-03) Sec. 6-85. Screen enclosures. (a) Definition. For purposes of this section, the term "screen enclosure" shall mean an enclosure consisting entirely of screen mesh, except for minimum essential structural framework re- quired for its support. (b) Mesh; load requirements. Mesh sizes shall not be smaller than twenty (20) by twenty (20) threads per inch, nor larger than eighteen (18) threads by fourteen (14) threads per inch. Design computations and construction details of screen Supp. No, 6 378.1 WINTER SPRINGS CODE enclosures shall be supplied with all plans show- ing that same comply with wind load and live load requirements of the building code of the city. (c) Setbacks. The screen enclosure shall meet all code requirements for front and side yard setbacks which are applicable to the subject prop- erty. Notwithstanding any other applicable rear setback requirement, the screen enclosure shall not be located any closer than seven (7) feet from the rear property line of the subject property. On lakefront property, no screen enclosure shall be located any closer than twenty-five (25) feet from the shoreline, as determined by the existing or established high-water control level. (d) Height. The screen enclosure shall not be higher than the primary structure on the subject property, except when the principal structure exceeds twelve (12) feet. In which case, the screen enclosure shall be set back an additional two (2) feet from the minimum setback requirements contemned in subsection W for ^v^ry < �liticr. l foot above twelve feet. (e) Easements. Screen enclosures shall not be constructed within an easement area, unless the easement expressly allows said construction. (f) Screen enclosure modifications. If any por- tion of an existing screen enclosure is modified so that it no longer satisfies the definition in subsec- tion (a), the modified screen enclosure shall meet all building setback and height requirements that are applicable to principal and accessory build- ings for the subject property. (Ord. No. 2002-31, § 3, 10-28-02) Sec. 6-86. Minimum setback requirements within PUD zoning districts. (a) General. Unless otherwise provided else- where in the City Code or upon a plat of record previously approved by the city commission, the principal building setbacks for property zoned planned unit development (PUD) shall be as follows: (1) Front yards. The front yard shall not be less than twenty-five (25) feet in depth; (2) Rear yards. The rear yard shall not be less than ten (10) feet in depth; Supp. No. 6 378.2 (3) Side yards. The side yard shall not be less than five (5) feet on each side of the dwelling structure; and (4) Corner yards. On corner lots, the front yard set back of twenty-five (25) feet must be maintained, at a minimum, on all sides abutting public rights -of -way. Notwithstanding the minimum setback require- ments of this subsection, zero lot line property shall be governed by subsection (b) below. (b) Zero lot line. Unless otherwise provided elsewhere in the City Code or upon a plat of record previously approved by the city commis- sion, the principal building setbacks for zero lot line property zoned planned unit development (rUli) snail be as follows: (1) Front yards. The front yard shall not be less than twenty-five (25) feet in depth; (2) Rearyards. The rearyard shall not be less than ten (10) feet in depth; (3) Side yards. The side yard shall not be less than five (5) feet on one (1) side of the dwelling structure; and (4) Corneryards. On corner lots, the front yard set back of twenty-five (25) feet must be maintained, at a minimum, on all sides abutting public rights -of -way. (c) Conflicts. In the event of any conflict be- tween the requirements of this section and any declarations of covenants and restrictions govern- ing site conditions of a PUD development within the city, the more restrictive shall apply. In the event of any conflict between the requirements of this section and any recorded development agree- ment approved by the city commission or court approved settlement agreement governing site conditions of a PUD development within the city, the conflicting provision in the development agree- ment or court approved settlement agreement shall prevail. (d) New PUD developments. Nothing con- tained in this section shall be construed as limit- ing the city commission's authority to impose setback requirements greater than the minimum BUILDINGS AND BUILDING REGULATIONS requirements of this section for PUD develop- ments approved after the effective date of this section. (Ord. No. 2004-31, § 2, 746-04) Sec. 6-87. Temporary storage structures. (a) Definition: For purposes of this section, "temporary storage structure" shall mean a struc- ture designed and used primarily for storage of building materials, household goods, and other such material; and that is not intended for per- manent installation. (b) A supplier of a temporary storage structure shall obtain a permit issued by the building department prior to supplying and installing or allowing to be installed a temporary storage struc- ture within the City of Winter Springs. The per- mit shall be limited to a specific address and shall allow the installation at such address for a max- imum of seventy-two (72) consecutive hours. Per- mits shall also be limited to a maximum of two (2) per any twelve (12) month period for any specific address. A permit fee shall be required by resolu- tion of the city commission and collected by the city. The permit shall contain the date and time of issuance, the name of the person to whom the temporary storage structure is supplied, and the address at which the temporary storage structure will be installed. (c) In the event of a tropical storm or hurricane watch issued by the National Weather Service, the city shall have the right to order the supplier to remove the temporary storage structure by providing the supplier at least twenty-four (24) hours notice of removal. In the event of a tropical storm or hurricane warning issued by the Na- tional Weather Service, the temporary storage structure shall be immediately removed by the supplier after the warning being issued. In such situations, the city shall have the right to enter the property and remove the temporary storage structure if the supplier does not remove the temporary storage structure as required by this subsection. The supplier shall be liable for all removal costs incurred by the city and failure to pay said costs, upon demand by the city, shall constitute a code violation and shall result in a lien being imposed pursuant to Chapter 162, Florida Statutes, in the amount of said costs. (d) For good cause shown by the owner of the property at which the temporary storage struc- ture will be supplied, the time periods set forth in subparagraph (b) may be extended by the city manager or city commission; provided an exten- sion granted by the city manager shall not extend beyond the date for the next regularly scheduled city commission meeting. Good cause being lim- ited to emergencies and situations where there exists a reasonable risk or threat to life and property damage. (Ord. No. 2001-16, § 1, 7-Ml) Editor's note —Ord. No. 2001-16, § 1, adopted July 9, 2001, was originally designated to be codified as section 6-59. In accordance with section 5 of Ordinance 2001-57, the origi- nal section 6-59 was renumbered as section 6-87. Secs. 6-88-6-100. Reserved. ARTICLE IV. ELECTRICITY* Sec. 6-101. Electrical code adopted. The city hereby adopts in its entirety that certain electrical code known as the National Electrical Code, 1999 Edition as published by the National Fire Protection Association and the Cen- tral Florida Advisory Committee Notice "M", ex- cept as otherwise provided in this article. (Code 1974, § 5-53; Ord. No. 517, § 2, 2-24-92; Ord. No. 605, § III, 11-27-95; Ord. No. 752, § I, 12-6-9'9) Sec. 6-102. Terms defined. The words "electrical inspector" when used in the electrical code adopted by section 6-101 shall mean the city building inspector. (Code 1974, § 5-54) *Cross references —Electrical requirements for installa- tion of swimming pools, § 6-220; fire prevention and protec- tion, State law reference —Electrical code, F.S. § 553.194 S11pp. No. 9 378.3 § 6-103 WINTER SPRINGS CODE Sec. 6403. Electrical inspection. The building department for the city shall make all inspections, issue all permits and en- force all provisions of the National Electrical Code adopted in section 6401 within the city. (Ord. No. 605, § IV, 11-27-95) Sec. 6-104. Fees. All applications for electrical permits shall be accompanied by an appropriate electrical permit fee as set forth by the city commission pursuant to resolutions adopted under the authority of this article which are on file in the city clerk's office. (Ord. No. 605, § V, 11-27-95) Secs. 6-105-6-125. Reserved. ARTICLE V. PLUMBING* Sec. 6-126. Plumbing code adopted. The city hereby adopts in its entirety that certain plumbing code known as the Standard Plumbing Code, 1994 Edition, excluding Appen- *Cross references —Fences, walls, hedges, etc., § 6-186 et seq.; plumbing requirements for swimming pools, § 6-221; obstruction of fire hydrants prohibited, § 7-4; fire hydrant requirements, placement and maintenance, § 746 et seq.; utilities, Ch. 19. State law reference —Plumbing code, F.S. §§ 553.06, 553.73. Supp. No. 6 378.4 BUILDINGS AND BUILDING REGULATIONS (5) Decorative PVC or aluminum, structur- ally sound to maintain spans and one hundred ten (110) mph wind load. (Code 1974, § 5-123, Ord. No. 2001-29, § 2, 544- 01) Sec. 6-188. Exceptions to section 6-187. Where zoning classifications within the city allow for horses, barbed wire fences will be per- mitted as well as fabric fences with fabric of less than a minimum of eleven -gauge galvanized or other noncorrodible metal. (Code 1974, § 5-124) Sec. 6-189. When barbed wire permissible. In areas where security fences are permitted, barbed wire may be used above six (6) feet with approval of the building officials. (Code 1974, § 5-125) Sec. 6-190. Height limitations generally. All walls or fences hereafter located, erected, constructed, reconstructed, or altered outside of the established building lines shall adhere to the following heights: If front of the front building line, no more than four (4) feet in height; if to the rear of the front building line, provided the pro- visions of section 6-191 are met for corner lots, no more than eight (8) feet in height. (Code 1974, § 5426) Sec. 6-191. Limitations when adjacent to street, intersection. To avoid the obstruction of clear vision around or through corners on corner lots, no fence, wall or hedge shall be erected, planted or grown within twenty-five (25) feet of the intersecting property line corner adjacent to the street intersection corners. (Code 1974, § 5-127) Cross references —Streets, sidewalks and other public places, Ch. 17; streets, § 17-26 et seq.; motor vehicles and traffic, Ch. 12; zoning, Ch. 20. Sec. 6492. Utility easements. (a) It shall be lawful for any person to enclose or fence any utility easements; provided, however, that adequate access must be provided thereto by the fence owner. If it becomes necessary to cut a fence or remove walls for the purpose of installa- tion of new utilities or repairing or maintaining installed utilities, the utility company involved shall be responsible to repair or replace the fence or wall to the condition existing previous to the installation, repair or maintenance. (b) Adedicatedright-of--way shall not be fenced by any private citizen. However, and only when it is determined by the city commission that fenc- ing, in whole or in part, of a public right -of --way is necessary to protect the health, safety, and wel- fare of the citizens of the city as a whole, the city commission may authorize a conditional use to permit a private citizen to erect a fence on a dedicated right -of --way contiguous to that citizen's property. Requests for such conditional use to this section shall be decided pursuant to the criteria procedures set forth in Chapter 20 of the City Code. (c) Any fencing approved by conditional use to be erected on a dedicated right -of --way shall be constructed according to plans approved by the city staff, with gates adequate to allow access to maintenance vehicles. All costs incurred in fenc- ing the right -of --way shall be borne by the contig- uous property owner to whom the conditional use may be granted. The fence shall be maintained in safe condition by the property owner who in- stalled it, and the fencing when removed may be reclaimed by that property owner. (d) Such fences erected privately by condi- tional use on a dedicated right -of --way shall not preclude access to or use of such public land by any citizen of the city. (Code 1974, § 5429; Ord. No. 2004-49, § 3, 1243- 04) Cross reference —Utilities, Ch. 19. Sec. 6-193. Distance from property line. Fences or hedges must be at least three (3) inches from property lines. (Code 1974, § 5-130) Cross references —Land development, Ch. 9; zoning, Ch. 20. Supp. Mn 9 381 WINTER SPRINGS CODE Sec, 6-194. Article provisions not control- ling; exception. Provisions of this article do not supersede or control deed restrictions running with the land unless the provisions therein are more stringent than in the deed restriction. (Code 1974, § 5431) Sees. 6-195-6-209. Reserved. ARTICLE IX. SWIMIVIING POOLS* Sec. 6-210. Code adopted. The city hereby adopts in its entirety that certain code known as the Standard Swimming Pool CVue, 1935 L+1itaua ds 1/iU111U1gULCU UY L1W Southern Building Code Congress International, Inc., except as otherwise provided in this article. (Ord. No. 461, § 5) 6-26-89) Sec. 6-211. Definitions. As used herein, the following words, phrases, terms and their derivations shall have the mean- ings stated herein. Pool is a facility containing or intended to contain, water of a total volume greater than twenty-five hundred (2500) gallons, and/or is over twenty-four (24) inches in depth, with surface area exceeding one hundred fifty (150) square feet, used only by an individual citizen and his family or bona fide guests and shall not include ownership, operation or use by any type of club, cooperative housing or joint tenancy of two (2) or more families. (Code 1974, § 5441; Ord. No. 2002-31, § 2, 10-28- 02) Sec. 6-212. Application for permit; plans and specifications. Before any work is commenced on the construc- tion of a pool or any structural alteration, addi- tion or the remodeling thereof, an application for a permit to construct such pool, accompanied by *Cross references —Flood damage prevention, Ch. 8; land development, Ch. 9; nuisances, Ch. 13; planning, Ch. 15; zoning, Ch. 20. Supp. No. 6 382 two (2) sets of plans and specifications and perti- nent explanatory data, shall be furnished to the building official of the city for his approval, and no part of the work shall be commenced until the building inspector has granted such permit to construct and has further evidenced his approval by a suitable endorsement upon such plans and specifications, and no such pool shall be used until final inspection has been made by the build- ing official. The building official shall review such plans and specifications to determine whether they comply with the provisions of this article and with reasonable standards of swimming pool con- struction. (1) The plans, specifications and pertinent data required to be submitted in connec- tion with an application for permit to construct a pool, or any alteration, addi- tion or remodeling thereof shall comply with the following requirements and in- clude the following plans and informa- b ulx, as well as such otheli data as may be reasonably requested by the building offi- cial: a. Plans shall be drawn to scale indi- cating all dimensions, including the length, width and depth of the pool and extent of any perimeter patio slab; b. A longitudinal profile plan showing the length, depths, slopes, radii of curvature, thickness of slab, steel reinforcing size and spacing, and con- crete cover; c. Pipe diagram showing material type, schedule and sizes of all pipes, in- lets, outlets, make-up waterlines, vac- uum lines, waste and drainage lines, circulation and other piping (includ- ing all valves and valve types); d. The liquid capacity of the pool; e. Liquid capacity of any wading pool; f. The kind, number and size of filters, including the square footage of the filter area in each unit; g. Top capacity of filters in gallons per minute; LAND DEVELOPMENT Sec. 9-204. Streetlights and traffic signs. Sec. 9-205. Bridges. Sec. 9-206. Right -turn deceleration lanes. Secs. 9-207-9-220. Reserved. Division 3. Sidewalks, Driveways, Curbs and Gutters Sec. 9-221. Sidewalks. Sec. 9-222. Driveways. Sec. 9-223. Curbs, gutters, easements. Secs. 9-224-9-240. Reserved. Division 4. Drainage Sec. 9-241. Stormwater management. Sec. 9-242. Drainage facilities. Secs. 9-243-9-260. Reserved. Division 5. Utilities Sec. 9-261. Requirements for water and sewer systems. Secs. 9-262-9-275. Reserved. Division 6. Off -Street Parking and Loading Sec. 9-276. Definitions, Sec. 9-277. Off-street parking requirements. Sec. 9-278. General provisions for off-street parking. Sec. 9-279. Off-street parking of commercial vehicles. Division 7. Dumpsters Sec. 9-280. Definitions. Sec. 9-281. Minimum screening requirements. Secs. 9-282-9-295. Reserved. Article V. Design Standards Sec. 9-296. Typical street sections. Sec. 9-297. Valley gutters. Sec. 9-298. Naming streets. Sec. 9-299. Driveway entrances. Sec. 9-300. Curb inlets. Sec. 9-301. Alternate curb sections. Secs. 9-302-9-325. Reserved, Article VI. Site Plan Review Division 1. Generally Secs. 9-326-9-340. Reserved. Division 2. Site Plan Review Board Sec. 9-341. Creation. Sec. 9-342. Purpose; composition. Sec. 9-343. Clerical support and records. Sec. 9-344. Meetings. Sec. 9-345. Procedures, regulations and fees. Supp. No. 6 557 WINTER SPRINGS CODE Sec, 9-346. Prohibitions, Sec. 9-347. Duties. Sec. 9-348. Appeals. Sec. 9-349. Penalty for violation. Secs. 9-350-9-369. Reserved, Article VII. Uniform Building Numbering System Sec. 9-370. Definitions. Sec. 9-371. Purpose. Sec. 9-372. Establishment of system. Sec. 9-373. Administration and assignment of numbers. Sec. 9-374. Posting of numbers. Sec. 9-375. Reserved. Sec. 9-376. Code enforcement board authority. Secs. 9-377-9-380. Reserved, Article VIII. Impact Fees Division 1. Generally Secs. 9-381-9-385. Reserved. Division 2. 14•ansportation Facilities Sec. 9-386. Transportation impact fees. Sec. 386.1. Short title, authority and applicability. Sec. 9-386.2. Intent and purpose. Sec. 9-386.3. Rules of construction. Sec. 9-386.4. Definitions. Sec. 9-386.5. Limitations on issuance of building permits. Sec. 9-386.6. Determination of road impact fees. Sec. 9-386.7. Road impact fee rate schedule. Sec. 9-386.8. Independent impact fee calculation. Sec. 9-386.9. Presumption of maximum impact. Sec. 9-386.10. Impact agreement. Sec. 9-386.11. Credits. Sec. 9-386.12. Vested rights. Sec. 9-386.13. Site -related road improvements. Sec. 9-386.14. Exemptions. Sec. 9-386.15. Establishment of a trust fund. Sec. 9-386.16. Collection of road impact fee assessment. Sec. 9-386.17. Use of funds collected. Sec. 9-386.18. Return of funds. Sec. 9-386.19. Review. Sec. 9-38620. Penalty. Sec. 9-386.21. Appeals of impact fee determinations. Secs. 9-387-9-390. Reserved, Division 3. Police, Fire, Public Buildings and Parks and Recreation Sec. 9-391. Generally. Sec. 9-391.1. Levy and purpose. Sec. 9-391.2. Definitions. Sec. 9-391.3. Applicability and exemptions. Sec. 9-391.4. Reserved. Sec. 9-391.5. Payment of fees. Sec. 9-391.6. Credits. Sec. 9-391.7. Establishment of a trust fund. Supp. No. 6 558 LAND DEVELOPMENT co 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. 9-402. Vested rights application process. Sec. 9403. Standards for determining vested rights. Sec. 9-404. Limitations on determination of vested rights. Se cs.9404-9499. 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. 9-543-9-560. Reserved. Supp. No. 6 559 WINTER SPRINGS CODE Article XI. nconformities 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. 9-564. Nonconforming 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. 9-568. Special permit. 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 approvai. Sec. 9-605. Application criteria. Sec. 9-606. Building permits; enforcement. Supp. No. 6 560 LAND DEVELOPMENT (18) inches into a concrete base below the surface grade and nine (9) feet above the surface grade, bearing aluminum plates with reflecting sheeting six (6) inches high to permit letters three and one-half (3Y2) inches in height, or shall be the equivalent or better with regard to legibility, durability, and appearance. Alternate street sign mounting may be approved by the city engineer. Reference for alternates is the MUTCHA stan- dard (Manual on Uniform Traffic Control De- vices). Other alternatives may be accepted. (b) Street signs will be installed by the public works department at the developer's expense. (c) The final plan for a development shall include a plan for the location and designation of street signs. Such plan will disclose the details, location and design of street signs, and will be approved by the head of the department of public works prior to staff review of the final plans. (Code 1974, § 14416) Sec. 9-204. Streetlights and traffic signs. (a) The final plan of each proposed develop- ment shall include a plan for the location of appropriate streetlights. The plans will disclose the intensity of illumination which would be ac- complished. The plan would be prepared by, or in conjunction with, the power company serving the area. (1) Approval by the city engineer of the streetlight plan shall be made prior to staff review of the final plans. (2) Pole fee. The developer will be required to pay to the city a sum equal to all costs of operating the streetlight system for the first two (2) years after installation, which fee will be established by resolution of the city commission. (3) All costs, pertaining to installation of the streetlight system will be borne by the developer, and the streetlighting system will be installed by the power company serving the area. (b) The final plan for a development shall include a plan for the location and designation of traffic signs. Such plan will disclose the details, location and type of each traffic sign. Traffic signs will comply with the MUTCHA (Manual on Uni- form Traffic Control Devices) standards, and in general be mounted on an approved support ex- tending at least eighteen (18) inches into a con- crete base below ground surface. Signs will be aluminum plate with reflective sheeting and will comply with all other provisions of the MUTCHA standards. (1) The traffic sign plan shall be approved by the chief of police prior to staff review of the final plans. (2) Traffic signs will be installed by the public works department of the city at the developer's expense. (3) The city shall accept streetlights and traf- fic signs for maintenance at the same time that the streets and other improve- ments located within the development are accepted for maintenance by the city. (Code 1974, § 14417) Sec. 9-205. Bridges. (a) Bridges shall be designed in general accord with department of transportation standards. Bridges shall be constructed with curbs, the re- quired paving width, and in addition, sidewalks at least three (3) feet wide on both sides, except on dual bridges where sidewalks shall be required only on the outside of each bridge. Approach guardrails or fences shall be provided in accor- dance with department of transportation stan- dards. Under special conditions, a single side- walk, four (4) feet wide will be accepted by the city. (b) Bridges shall be inspected and approved by a certified inspector in accordance with state law prior to acceptance. If bridges are privately owned they shall be subject to the same inspection as those which are city -owned. (Code 1974, § 14418) Sec. 9-206. Right -turn deceleration lanes. Right -turn deceleration lanes at proposed de- velopment access points shall be provided if they Supp. No. 6 581 § 9-206 WINTER SPRINGS CODE are warranted and feasible as determined from DIVISION 3. SIDEWALKS, DRIVEWAYS, the traffic study. The warrants include, but are CURBS AND GUTTERS* not limited to the following criteria: (a) For two-lane roadways with posted speed limits greater than forty-five (45) mph, the projected right -turning volume is equal to or greater than thirty (30) right turns per hour. (b) For two-lane roadways with posted speed limits of forty-five (45) mph or less, the projected right -turning volume is equal to or greater than eighty (80) right turns per hour. (c) For four -lane roadways with posted speed limits greater than forty-five (45) mph, or greater than forty (40) right turns per hour. (d) For four -lane roadways with posted speed nn iYriits of forty-five (45) tnph or less, the projected right -turning volume is equal to or greater than one hundred ten (110) right turns per hour. (e) For all six -lane facilities, right turn decel- eration lanes are only warranted at loca- tions with a very high number of right turning vehicles. (f) Other factors which must be considered in the warrant evaluation rocess include: p (1) Percentage of trucks, recreational ve- hicles, and buses turning right at a specific location. (2) Gated entrances where there is lim- itedqueue distance between the gate and the edge of the outside through lane. (3) Accident history including vehicular, pedestrian, bicyclist traffic. (4) Sight distance. (5) Right -of --way requirements. No. 2004-24, § 2, 6-14-04) Secs, 9-207-9-220. Reserved. Supp. No. 6 582 Sec. 9-221. Sidewalks. (a) Sidewalks at least four (4) feet in width shall be placed on each side of all streets along and within the right -of --way, except within indus- trial or mobile home districts. All four -foot side- walks shall not exceed twenty (20) feet per sec- tion. Sidewalks shall be constructed of a minimum of two -thousand -five hundred -pound "C" concrete with a minimum thickness of four (4) inches except at driveway approaches, where such side- walks shall be at least six (6) inches thick. The contractor shall place a one (1) inch deep contrac- tion joint every four (4) feet and an expansion 7n1nt P.vP.T'V ti.np.nty (90) feet In f7kn co;r1PN*iol�r rm� requirement for sidewalks shall be the responsi- bility of the builder, and such sidewalks shall be installed prior to the final inspection of any build- ing. (b) Sidewalks shall be required in all develop- ments unless the city commission determines it to be in the interest and welfare of the environment to exempt same. (Code 1974, § 14-119; Ord. No. 444, § 1(9), 1-9-89; Ord. No. 466, § 1, 3-26-90) Sec. 9-222. Driveways. All driveways shall conform to federal housing authority specifications. See subsection 9-299, driveway entrances for standard vertical curb and gutter. (Code 1974, § 14-120) Sec. 9-223. Curbs, gutters, easements. (a) A properly prepared subgrade and ap- proved road base and wearing surface with a minimum of Miami -type curbs and gutters shall be provided for all paved streets within any subdivision having lots less than one (1) acre in size. Where it is shown to the satisfaction of the city engineer that percolation rates are adequate, the developer may install swales in lieu of curbs and gutters. *Cross reference —.Streets, sidewalks and other public places, Ch. 17. LAND DEVELOPMENT (b) A properly prepared subgrade and ap- proved road base and wearing surface with grass swales not to exceed one and one-half (11/2) feet in depth and a minimum of five (5) feet from the road edge may be provided for all streets in subdivisions with lot sizes one (1) acre or greater, subject to approval of the city engineer, based on soil conditions and water table. (c) Streets and drainage easements are to be cleared as required and left in a neat and clean condition. Street rights -of --way and outfall ditches shall be sodded or sprigged with grass, or seeded and mulched, or shall be otherwise protected to prevent erosion in a manner approved by the city engineer. The subgrade must be of suitable mate- rial and must be prepared in accordance with the standards prescribed by this chapter. (d) Legal drainage easements, both on -site and off -site, will be required. Any off -site easements needed for legal reasons, construction, system performance, or maintenance of the facility shall be included in the development proposal and made criteria for development approval. Such easements shall be of sufficient width to provide adequately for watercourses, drainageways, chan- nels, pipes, culverts, or streams and access to permit maintenance of same. Drainage ease- ments for pipes shall be a minimum of fifteen (15) feet wide. Larger easements will be required for large pipes or where construction or maintenance requirements dictate. (e) See section 9-301 for alternate curb sec- tions. (Code 1974, § 14-121) Secs. 9-224-9-240. Reserved. DIVISION 4. DRAINAGE Sec. 9-241. Stormwater management. (a) The design concept for drainage systems in proposed developments shall be approved by the city engineer. All drainage systems shall have a positive outlet or overflow unless documented as being unnecessary by geohydrologic investigation based on a twenty -five-year design storm. § 9-241 (b) All drainage facilities shall be designed for a rainfall of a twenty-five-year/twenty-four-hour return period using an SCS Type II Modified rainfall distribution. The twenty-five-year/twenty- four-hour storm is the "design storm". (c) The drainage system for each subdivision shall include a sufficient facility to remove stormwater without flooding any lot in the pro- posed subdivision or in the surrounding territory. Supp. No. 6 582.1 § 9-241 WINTER SPRINGS CODE [THIS PAGE INTENTIONALLY LEFT BLANK] Supp. No. 6 582.2 LAND DEVELOPMENT (c) The purpose of this division is to enable the City of Winter Springs to allow growth and devel- opment to proceed in compliance with the growth management plan, and Florida case and statutory law and to regulate growth and development so as to require growth and development to share in the burdens of growth by paying its pro rata share for the reasonably anticipated costs of needed munic- ipal collector roadway improvements. (d) It is not the purpose of this division to collect fees from growth and development in ex- cess of the cost of the reasonably anticipated improvements to the municipal collector road network and needed to serve the new growth development. It is specifically acknowledged that this division has approached the problem of de- termining the road impact fee in a conservative and reasonable manner. (e) The technical data, findings and conclu- sions herein are based on the Comprehensive Plan of the City of Winter Springs and in part on the following studies and reports which are hereby adopted (by reference): (1) Trip Generation, ITE (5th Edition), as updated in 1991; (2) Orlando Urban Area Transportation Study; (3) Special Report 209, Highway Capacity Manual, Transportation Research Board, 1985; (4) Generalized Daily Level of Service Maxi- mum Volumes for Florida's Urban/Urban- ized (5000+) Areas, FDOT 1988; (5) Cost per Lane Mile -City of Winter Springs Study 1991; (6) Existing Traffic Circulation Analysis, City of Winter Springs Study, September, 1989, Tipton Associates Incorporated and Leftwich Consulting Engineers, Inc.; (7) Future Traffic Circulation Analysis, City of Winter Springs Study, December, 1991, Tipton Associates, Inc. and Leftwich Con- sulting Engineers, Inc. § 9-386.3 (8) Input Data for Seminole and Volusia Coun- ties for Calculating Transportation Im- pact Fees for Convenience Stores, August, 1989, Tipton Associates Incorporated. (Ord. No. 512, § 1, 12-9-91) Sec. 9-386.3. Rules of construction. For the purpose of administration and enforce- ment of this division, unless otherwise stated, the following rules of construction shall apply: (a) In case of any difference of meaning or implication between the text of this divi- sion and any caption, illustration, sum- mary table or illustrative table, the text shall control. (b) The word "shall" is always mandatory and not discretionary; the word "may" is permissive. (c) Words used in the present tense shall include the future, and words used in the singular number shall include the plural and the plural the singular, unless the context clearly indicates the contrary. (d) The word "person" includes an individual, a corporation, a partnership, an incorpo- rated association, or any other similar entity. (e) Unless the context clearly indicates the contrary, where a regulation involves two (2) or more items, conditions, provisions, or events connected by the conjunction "and", "or" or "either ... or," the conjunc- tion shall be interpreted as follows: (1) "And" indicates that all the con- nected terms, conditions, provisions or events shall apply. (2) "Or" indicates that the connected items, conditions, provisions or events may apply singly or in any combina- tion. (3) "Either . . or" indicates that the connected items, conditions, provi- sions or events shall apply singly but not in combination. (f) The word "includes" shall not limit a term to the specific example but is intended to Supp. No. 6 609 § 9-3s6.3 WINTER SPRINGS CODE extend its meaning to all other instances or circumstances of like kind or character. (Ord. No. 512, § 1, 12-9-91) Sec. 9-386.4. Definitions. For the purpose of this division, the following words and terms shall have the meaning ascribed thereto: Access improvement: Road improvements nec- essary to provide safe and adequate ingress and egress and for efficient traffic operations. Access improvements include but are not limited to the following: (1) Right -of --way and easements; UIU aiau 11611b tuiii iaue5; (3) Acceleration and deceleration lanes; (4) Traffic control devices, signage, and mark- , lilt;:;; ancl. (5) Drainage and utilities. Accessory building, structure or•de- tached, subordinate building, structure or use, the use of which is clearly incidental to and serves the principal building or use of the land and which is located on the same lot as that of the principal building or use. Applicant: Any person who applies fora build- ing permit or certificate of occupancy. Arterial roads: A classification of roads which primarily functions to accommodate the move- ment of relatively large traffic volumes for rela- tively long distances at relatively high speeds. Land access, when provided, is subservient to the movement function. This classification includes all roads which function above the level of a major collector road. Average trip length: The average length in miles of trips for each major land use category as determined from the Orlando Urban Area Trans- portation Study and adjusted to reflect the travel characteristics in the Orlando GMP Study Area, and special studies for particular land uses con- ducted by registered professional engineers. Supp. No. 6 610 Building: Any permanent structure designed or built for the support, shelter or protection of persons, animals, chattels or property of any kind. Building permit: Any building or construction permit required under the Winter Springs Build- ing Code (chapter 6 of the City Code). Capacity; capacity per lane: The maximum number of vehicles for a given time period which a typical new lane can safely and efficiently carry at a specified level of service. For the purpose of this division, the capacity of a typical new lane shall mean seven thousand four hundred (7,400) vehicles per day per through lane at level of service "D". Capacity per lane mile: The product of the capacity per lane times one (1) lane mile. For the purpose of this division, the capacity per lane mile of a typical new lane shall mean seven thousand four hundred (7,400) vehicles per day per through large per mile at level o service "I.Y. Captured traffic: Diverted traffic plus passer- by -traffic. Collector roads: Intermediate classifications of roads which provide both land access and move- ment service for medium length trips. Major collector roads function at relatively moderate speeds and connect municipal collector roads to arterial roads. Municipal collector roads function at relatively low speeds and connect local streets to major collector or arterial roads. Development permit. Includes any building per- mit, conditional use, zoning approval, subdivision approval, rezoning, development order, special exception, variance, or any other official action of local government having the effect of permitting the development of land. Development site: The property under consider- ation for development and under single owner- ship at the time of application. Diverted traffic: Traffic that is already on the road network, which is attracted by the new land development and which may be transferred from another route. LAND DEVELOPMENT a specific type of land 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.( 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, § 1, 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. 6 613 § 9-386.7 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 uuuuiii ur st,tuct,ure, the impact; zee zor future redevelopment shall be based upon the net increase in the impact fee for the new or proposed land development activ- ty as romparPO to the 1,9n 1 i,se 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. Oc- cupational license issuance is not of itself substantial proof. Supp. No. 6 614 (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 cun-milb6l lt. (Ord. No. 512, § 1, 12-9-91; Ord. No. 638, § I, 2-10-97) Editor's note —Ord. No. 684, adopted Oct. 12, 1997, included updated impact fee amounts, classifications and values for Exhibit B. These updated amounts have not been set out herein but incorporated by reference and are available in the offices of the city. Sec. 9-386.8. Independent impact fee calcu- lation. (a) In the event an applicant believes that the impact of this development on the municipal coHector 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 Chapter A LICENSES AND BUSINESS REGULATIONS* Article I. In General Secs. 10-1-10-25. Reserved. Article II. Occupational License Taxes Sec. 10-26. Required. Sec. 10-27. License year established. Sec. 10-28. Limitation on term; half -year licenses. Sec. 10-29. License taxes established. Sec. 10-30. Transfer of license. 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 intent/incorporation of whereas clauses. Sec. 10-53. Construction. Sec. 10-54. Obscenity/indecent exposure unlawful. Sec. 10-55. Definitions. Sec. 10-56. Notice. Sec. 10-57. Penalties/remedies/relief. Sec. 10-58. License required. Sec. 10-59. Responsibilities of other offices and departments. Sec. 10-60. License application and application fee. Sec. 10-61. Contents of application. Sec. 10-62. Continuing duty/false or misleading information. Sec. 10-63. Consent. Sec. 10-64. Investigation of applicant. Sec. 10-65. Issuance or denial of license. Sec. 10-66. Reasons for denial of application of license. Sec. 10-67. Reapplication after denial. Sec. 10-68. Annual license fee. Sec. 10-69. Contents of license, term of license, renewals, expiration, lapse, nonconforming establishments. Sec. 10-70. Records and reports. Sec. 10-71. Transfer of license. Sec. 1042. 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. 10-78. Adult theater provisions. *Cross references -Administration, Ch. 2; code enforcement board to enforce certain ordinances of the city, § 2-56 et seq.; finance, § 2-136 et seq.; buildings and building regulations, Ch. 6; fire prevention and protection, Ch. 7; fire and security alarms, § 13-51 et seq.; signs and advertising, Ch. 16; taxation, Ch. 18; zoning, Ch. 20. State law references -Local occupational license tax, F.S. ch. 205; regulatory license fees, F.S. § 166.221. Supp. No. 6 693 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. Occupational licenses/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. 10400. Zoning. Sec. 10401. Prohibited locations for adult entertainment establishments; sexually oriented businesses. Sec. 10-102. Measurement of distance. Secs. 10-103-10-1i0. liesei ved. Article N Amusements Sec. 10-111. Dance halls; permit required; conduct in dance halls. Secs. 10-112-10-114. Reserved. Sec. 10415. Slot machines and devices. Secs. 10-116-10435. Reserved, Article V. Peddlers and Solicitors and Miscellaneous Sales Sec. 10-136. Transient or itinerant solicitors; permit required; prerequisite to issuance. Sec. 10437. At-home sales. Secs. 10438-10-150. Reserved, Article VI. Secondhand Precious Metals Sec. 10-151. Definitions. Sec. 10-152. Register of transactions. Sec. 10453. Waiting period prior to disposal of certain property. Sec. 10-154. Storage of articles during waiting period. Sec. 10455. Dealing with persons under age eighteen years prohibited. Supp. No. 6 694 LICENSES AND BUSINESS REGULATIONS 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 occupational licenses shall be issued by the city for any business, enterprise, or organization that proposes to operate a slot machine or device in the city and no occupational license shall be issued by the city for a slot machine or device. (d) Exemption. This section is not intended to and 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) Secs. 10-116-10-135. Reserved. ARTICLE V. PEDDLERS AND SOLICITORS AND NIISCELLANEOUS SALESt Sec. 10436. 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 or any other matter having a commercial business purpose, whether for profit or not, including the j'Cross references —Noises made by peddlers, hawkers, vendors restricted, § 13-29; streets, sidewalks and other public places, Ch. 17. Supp. No. 6 735 WINTER SPRINGS CODE 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- cant. (2) Photographic identification of applicant (valid driver license or state -issued iden- tification card). (3) Valid state and/or local occupational li- cense 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 (2) Provides false or misleading information in the application; or Supp. No. 6 736 (3) Fails to maintain applicable state and/or local occupational license(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 to constitute a trespass upon private prop- erty; or N uu„ i1uua1111.0 1i1V11.7 lG- quired under this subsection for the orig- inal registration; or (7) Within the previous seven (7) years, has violated subsection (c)(2), (3), (4) or (b) above. (Code 1974, § 8.1; Ord. No. 2002-24, § 2, 10-13-03) 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 hoId any such sale on residential property. (b) A fee established by resolution of the city shalI 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 the fee may be refunded if all signs noticing the sale are removed from the site of the sale within five (5) days after the sale. (Code 1974, § 8-2) LICENSES AND BUSINESS REGULATIONS Secs. 10-138-10-150. Reserved. ARTICLE VI. SECONDHAND PRECIOUS METALS* Sec. 10-151. Definitions. The definitions as used in this article, unless the context otherwise requires, shall mean: Bullion coins: Fungible coins with intrinsic value greater than the numismatic value. Dealer: Any person engaged in the business of purchasing or selling at retail or wholesale or otherwise dealing in any old, used or secondhand precious metals of any kind or description and in any form, whether with a fixed place of business or as an itinerant. Precious metal: Gold, silver or platinum or any combination thereof whether in manufactured, alloyed or any other form. (Code 1974, § &26) Sec. 10-152. Register of transactions. (a) Any person engaged in business as a dealer shall keep a register in connection with his busi- ness, the register to be approved as to type and form by the police chief. At the time of each transaction, such person shall enter or cause to be entered in such register an accurate description of the person from whom any article of personal property made of precious metal is purchased or received, and shall include in the description, but not limit the description to, the name, date of birth, sex, race, place of residence and driver's license or, if none, other government identifica- tion numbers of the person, together with an accurate description of any article of personal property made of precious metal so purchased or received, which description may contain any mark, brand, monogram, hallmark, word or letters which may be engraved, stamped, etched or otherwise permanently marked upon the article. The de- scription of bullion coins shall be adequate if it provides the total dollar amount of each denomi- nation. The register shall at all times be kept *State law reference —Precious metals dealers, F.S. § 538.01 et seq. open and available for the inspection and exami- nation of the chief of police or any other person authorized by the chief of police to in the register. (b) Any and all persons engaged in business as a dealer shall, in keeping the register required in (a) above, take the following precautions to en- sure the accuracy of the personal identification required: (1) The customer shall be required, as a con- dition to the purchase, to sign his name on the registration form. (2) Reasonable proof of identity which would include, but not be limited to, display of a driver's license or other governmental iden- tification cards or certificates shall be required. (c) It shall be unlawful fora customer to give or display false identification to the dealer or to sign a false name. (d) All dealers shall, not later than 12:00 noon of each business day, make available to the police chief or his representative, a full and complete copy or transcript of the register in which is entered the transactions of the preceding busi- ness day as required by (a) above. (Code 1974, § &27) Sec. 10-153. Waiting period prior to disposal of certain property. (a) Except for the exempt transactions herein- after provided, no articles of personal property made of precious metals shall be sold, melted, altered or otherwise disposed of by any dealer until ten (10) days have elapsed from the time the chief of police has had made available to him a copy of the transcript of the register in which such articles of personal property made of precious metals are entered, and such articles shall not be transferred from within the city during such ten-day period of time. (b) The following transactions shall be exempt from the provisions of (a) above: (1) Coins repurchased by a dealer, provided the dealer repurchases from the same person and maintains a record of the prior sale and the repurchase. Supp. No. 6 '73'J WINTER SPRINGS CODE (2) Transactions between dealers, provided the article has been registered in accor- dance with this article and in the posses- sion of any local dealer for the period set forth in (a) above. (Code 1974, § 8-28) Sec. 10-154. Storage of articles during wait- ing period. All articles of personal property made of pre- cious metals purchased or received by dealers shall remain attached to a copy of the bill of sale and be so arranged in stock as to enable the stock to be inspected by the police department or any other person with such authority during the pe- riod set forth in section 10-153(a). (Code 1974, § 8-29) Sec. 10-155. Dealing with persons under age eighteen years prohibited. It shall be unlawful for any dealer to buy, take, or receive by way of purchase or exchange, any articles made of precious metals from any person under the age of eighteen (18) years. (Code 1974, § 8-30) Supp. No. 6 738 [The next page is 761] Chapter 13 NUISANCES* Article I. In General Sec. 13-1. General prohibition. Sec. 134.5. Definitions. Sec. 13-2. Prohibitions. Sec. 13-3. Duty of owners of buildings to keep surrounding property clean; notice; failure to comply with notice. Secs. 13-5-13-25. Reserved, Article II. Noise Sec. 13-26. Prohibited generally. Sec. 13-27. Disorderly conduct. Sec. 13-28. School, church, hospital zones. Sec. 13-29. Peddlers, hawkers, vendors. Sec. 13-30. Drums, loudspeakers, etc. Sec. 13-31. Mechanical loudspeakers, amplifiers. Sec. 13-32. Gongs, sirens on vehicles. Sec. 13-33. Playing radios, phonographs, etc. Sec. 13-34. Animals, birds. Secs. 13-35-13-50. Reserved. Article III. Fire and Security Alarms Sec. 13-51. Definitions. Sec. 13-52. Notice of installation, modification. Sec. 13-53. Compliance for existing systems. Sec. 13-54. Response to reset, disable system. Sec. 13-55. Emergency telephone numbers. Sec. 13-56. Automatic shutoff of alarm. Sec. 13-57. Classification of alarms. Sec. 13-58. False alarms -Warning notice. Sec. 13-59. Same -Service fee. Sec. 13-60. Same -Waiver of fee. Sec. 13-61. Disconnection of system. Article IV. Miscellaneous Nuisances Sec. 13-62. Skateboarding, roller skating, in -line skating, and other similar activities on human -propelled devices. Secs. 13-63-13-69. Reserved. Article V. Public Nuisance Abatement Board Sec. 13-70. Intent and purpose. Sec. 13-71. Creation of the public nuisance abatement board. Sec. 13-72. Definitions. Sec. 1343. Composition; term. Sec. 13-74. Powers; duties; jurisdiction. Sec. 1345. Enforcement procedures. *Cross references -Administration, Ch. 2; procedure for disposition of abandoned property, § 2-1; code enforcement board to enforce certain ordinances of the city, § 2-56 et seq.; nuisances regarding swimming pools, § 6-222; distribution of handbills, periodicals, § 16-26 et seq. Supp. No. 6 873 WINTER SPRINGS CODE Sec, 13-76. Penalties; fines; liens; recording. Sec. 1347. Appeal, Supp. No. 6 874 NUISANCES ARTICLE I. IN GENERAL Sec. 13-1. General prohibition. Nothing may be done on any lot which may become an annoyance or nuisance to the neigh- borhood. No refuse pile, unsightly objects, or dead, damaged or diseased trees, that may pose a health, welfare and safety threat in the discretion of the city forester or code enforcement manager, shall be allowed to be placed or suffered to remain thereon. In the event the owner shall fail or refuse to keep premises free of refuse piles, unsightly objects or growths, or dead, damaged or diseased trees, then the city, upon reasonable notice to the land owner, may enter upon such land and re- move the same, or contract with a third party for the removal of the same, at the expense of the owner and such entry shall not be deemed a trespass. (Ord. No. 44, § 44.76, 1-8-68; Ord. No. 2002-09, § 2, 3-25-02) See. 13-1.5 Definitions. For purposes of this ordinance, the following terms, phrases, words and their derivations shall have the meanings given. Where not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural num- ber. The words "shall" and "will" are mandatory, and "may" is permissive. Words not otherwise defined shall be construed to mean the common and ordinary meaning. "City" shall mean the City of Winter Springs, a Florida municipal corporation. "Lot" shall have the same meaning provided with Chapter 20 of the City Code of Ordinances. "Neighborhood" shall mean any area of the City where people live in close proximity of one another, but shall not require a defined geo- graphic area. "Parcel" shall mean a contiguous quantity of lanA,n the possession of, owned by, or recorded as property of an individual or legal entity. "Tract" shall mean a lot, piece, or parcel of an the term not importing upon itself, any precise dimension. "Tree" shall mean woody perennial plant hav- ing a single usually elongate main stem generally with few or no branches on its lower part. (Ord. No. 2002-09, § 2, 3-25-02) Sec. 13-2. Prohibitions. (a) It shall be unlawful for any person to place or throw, or cause to be placed or thrown, any paper, bottles or pieces thereof, tin cans, garbage, glassware, refuse, debris or any other offensive, unwholesome or unsightly matter whatever in or on any street, road, sidewalk, alley, playground, vacant property or any other public grounds, or in or on the bank of any canal, stream, lake, water- course or pool within the city. (b) It shall be unlawful for any person to cause or permit junk, scrap metal, scrap lumber, waste- paper products, discarded building materials, or any unused abandoned vehicle, or abandoned parts, machinery or machinery parts, garbage, trash or other waste materials to be in or upon any yard, garden, lawn, outbuildings or premises owned, rented, leased or otherwise occupied by him/her in the city unless in connection with a business enterprise lawfully situated and li- censed for the same. (c) The existence of excessive accumulation or untended growth of weeds, undergrowth or other dead, or living plant life; or stagnant water, rubbish, garbage, refuse, debris, trash, including but not limited to household furnishings, and all other objectionable, unsightly or unsanitary mat- ter upon any lot, tract or parcel of land within this city be it uncovered or under open shelter, to the extent and in the manner that such lot, tract or parcel of land is or may reasonably become in- fested or inhabited by rodents, vermin or wild animals, or may furnish a breeding place for mosquitoes, or threatens or endangers the public health, safety, or welfare, or may reasonably cause disease, or adversely affects and impairs the economic welfare of adjacent property, or any other objectionable, unsightly substance or mate- rial tending by its existence and/or accumulation to endanger or adversely affect of health, safety, Supp. No. 6 $'75 WINTER SPRINGS CODE lives, and/or welfare of the citizens of the city, is hereby prohibited and declared to be a public nuisance and unlawful. (d) It shall be unlawful to allow any dead, damaged or diseased tree to remain upon private or public property within the city, when the same constitutes a hazard to the health, welfare, safety, and property of the citizens of and visitors to the city. It shall be further unlawful for property owners to not keep tree limbs and shrubs over- hanging public rights -of -way trimmed or pruned so to not interfere with any streetlight or obstruct the view of any street intersection thereby creat- ing a hazard to vehicular or pedestrian traffic. (e) It shall be the duty of the owner of each lot, tract, or parcel of land within the city to reason- ably leguiaue acid en:ectiveiy control excessive growths and accumulations, as enumerated in subsection (c), and/or dead, damaged or diseased trees as enumerated in subsection (d), on the property anal on th.e portion of th ^djoiri„g public right-of-way between the property and the street. It shall also be the duty of the owner to drain, regrade or fill any lot, tract or parcel, including swimming pools thereon, which shall be unwhole- some or unsanitary, have stagnant foul water thereon, or be in such other condition as to be susceptible to producing disease or danger to the citizens of the city. (f) If the code enforcement manager or his/her designee finds and determines that the conditions as described and declared in subsections (c), (d), and (e) hereof exists, and that such conditions constitute a public nuisance, he/she shall so notify the record owner of the offending property and demand that such owner cause the condition to be remedied. The notice shall be given by both phys- ical posting on the property in the name of the property owner(s) and by personal delivery or certified mail to the owner or owner(s) as their names and addresses are shown upon the record of the Seminole County tax assessor. Notice shall be deemed complete and sufficient when so phys- ically posted and personally delivered or mailed. The notice required by subsection (f) shall be no less than eleven (11) inches by seventeen (17) Sum No. 6 876 inches and shall be of a bright color, attached to a wooden stake, and placed in front of the property visible from the roadway, and contain the follow- ing: (1) Names(s) and addresses) of the owners) of the property, according to public records of Seminole County, Florida. (2) Location of the property on which the violation exists. (3) A statement by the code inspector that the property has been inspected pursuant to section IM and that a violation of sub- sections (c), (d), and (e) has been deter- mined to exist on the property, which violation constitutes a public nuisance. N iv.a Wi Vaac �.v11u11.1V1Y VV 1111,11 l:d lLbe.S the property to be in violation. (5) A requirement that the record owner of the property remedy the violation within 111WL:li M) days fWrn 11e date of the notice, failing which the city may remedy the condition and assess against the record owner the cost thereof plus an adminis- trative charge. (6) A statement that, if the costs and admin- istrative charge are not paid within fif- teen (15) days of invoice date, a lien will be placed on the property which is enforce- able by foreclosure on the property. (7) A schedule of the charges which may be assessed against the record owner if the city has to remedy the violation. (8) An estimate of the total cost, based on the schedule of charges, if the violation is remedied by the city. Such estimate is not to be interpreted or construed as the final cost which may be assessed, but only as a good faith approximation of such cost. The final assessable cost may be greater or lesser than the estimate. (9) A statement that the record owner of the property has a right to appeal the deter- mination, of the existence of a public nuisance, by the code enforcement man- ager and may, within fifteen (15) days from the date of the notice, submit a NUISANCES written appeal, to the code enforcement manager, which must contain the location of the violative property all reasons, evi- dence and argument that the cited condi- tion(s) do(es) not constitute as a public nuisance and therefore a violation of this section. (10) If an appeal is submitted, as provided above, the city shall take no action to remedy the public nuisance, as deter- mined by the code enforcement manager, until an order is rendered by the City Commission. (g) Appeal by property owner. If a property owner submits a written appeal, as provided in subsection (f) above, a public hearing shall be scheduled at the next regular meeting of the city commission. At the hearing, before the city com- mission, the property owner, the code enforce- ment manager or the manager's designee, and any interested party may submit evidence in support of or in opposition to the manager's determination of the existence of a public nui- sance upon the property. Following the presenta- tion of evidence the city commission shall issue an order either: (1) finding the existence of a public nuisances as determined by the code enforcement manager and ordering the property owner to remedy the violation within a reasonable period of time, not to exceed thirty (30) days, or the city may remedy the violation as provided in subsec- tion (f); or (2) finding the public nuisance does not exist and dismiss the case against the property owner. (h) Removal by city. If after fifteen (15) days from the date of the notice no written appeal has been filed or within the time required by the City Commission, whichever first occurs, and the con- dition described in the notice has not been reme- died, the manager or the manager's designee shall cause the condition to be remedied by the city at the expense of the property owner. In cases involving major public nuisance condi- tions requiring immediate, direct action to abate hazards imminently dangerous to the health, welfare or safety of the public, the city may, upon the code enforcement manager's authorization, cause the conditions to be immediately remedied by city -authorized lot cleaning or tree removal. Notice of said lot cleaning shall be given within five (5) days after the lot cleaning or tree removal anI according to the procedures detailed in sub- section (f) above, except that the notice shall additionally explain that the property contained z haards requiring immediate remedy, that the property has already been cleaned, and that the property owner has fifteen (15) days from the date of the notice to apply to city commission to show why costs of cleaning should not be assessed against the property owner's property. (i) After causing the condition to be remedied, the director of code enforcement shall certify to the city manager the expense incurred in reme- dying the condition whereupon such expense, plus a charge to cover city administrative ex- pense, plus any administrative penalty as pro- vided in subsection 0), shall be provided to the property owner by certified mail return receipt requested and shall become payable within fif- teen (15) days, after which a special assessment lien and charge will be made upon the property, which shall be payable with interest at the stat- utory rate provided for in Section 55.03, Florida Statutes per annum from the date of such certifi- cation until paid. (1) Such lien shall be enforceable in the same manner as a tax lien in favor of the City of Winter Springs and may be satisfied at any time by payment thereof including accrued interest. Notice of such lien may be filed in the office of the clerk of the circuit court and recorded among the pub- lic records of Seminole County, Florida. (2) If the subject property is secured by locks or otherwise, the city shall have the au- thority to enter said property for purposes of remedying the violative condition, and any additional costs incurred by the city in gaining access to the property or in resecuring the property after cleaning shall be considered expenses of remedying the condition. (j) In addition to the actual cost of remedying the violation cited under subsections (c), (d), and (e), the city may also assess a charge to cover administrative expenses incurred in securing and Supp. No. 6 87'] § 13-2 WINTER SPRINGS CODE monitoring the services of a private contractor to remedy the violation. Said administrative charge shall be reviewed and approved by city commis- sion at least on an annual basis. (1) If a second violation of subsections (c), (d), or (e) occurs upon the same property and property owner within twelve (12) months from the date of the first violation, an administrative penalty of one hundred dollars ($100.00) shall additionally be as- sessed five (5) days after the second vio- lation. If the condition is abated by the owner during that five (5) day period, the administrative penalty will not be as- sessed. If a third violation of subsections (c), (d), or (e) occurs upon the same prop- P.rtV nnrl propprty mxr nr�ip (12) months from the date of the first violation, an administrative penalty of two hundred dollars ($200.00) shall addi- tionally be assessed five (5) days after the third violation. If the condition is abated by the owner during that five (5) day period, the administrative penalty will not be assessed. Subsequent violations cited against the same property and prop- erty owner shall be referred to the city's attorney for appropriate legal action in- cluding, but not limited to, injunctive re- lief, in addition to enforcement as pro- vided by this chapter. (Code 1974, § 7-l; Ord. No. 464, § 1, 2-12-90; Ord. No. 632, § I, 11-25-96; Ord. No. 2002-09, § 2, 3-25-02) Sec. 13-3. Duty of owners of buildings to keep surrounding property clean; notice; failure to comply with no- tice. (a) All land within athree-hundred-foot radius of any dwelling or other building within the city shall be kept in a clean and trim condition by the owner of the property. (b) If the owner of any property fails to comply with the conditions of this section, he shall be notified by the city of the violation and be allowed fifteen (15) days to comply. Supp. No. 6 878 (c) If, after the fifteen -day period provided for in subsection (b), the owner has not cleaned the property in accordance with this section, the city shall have the right and authority to enter upon the property in question, clear the land according to the requirements of this section and charge the owner for the cost thereof. (Code 1974, § 7-2) Sec. 13-4. Procedure for city enforcement of non -imminent hazards. In cases involving nuisance or hazardous con- ditions which require direct governmental action to abate a serious and continuing danger to the public or occupants, including attractive nuisance cases, and where the property owner or tenant faiIs to heed the notices and enforcement efforts made by the city pursuant to Chapter 13, Article I, but where the emergency nature of the dangers to the public is not so extreme as to warrant dispensing without notice to the property own- e °(s), Cheri the city en oreenient officials shall proceed to: (1) Give notice, which maybe combined with notice from the code enforcement board statement of violation and notice of hear- ing, which informs the property owner that an order will be sought from the code enforcement board for city work or con- tracted work to repair or secure the prop- erty. The notice will prominently inform the property owner that failure to repair the property or follow the code enforce- ment board's orders may result in city work which shall be charged as a lien against the property. The notice will de- scribe the conditions found by the enforce- ment officer to constitute a hazard or nuisance. The notice will generally inform the property owner of the work or repairs to be done which will correct the nuisance or hazardous condition(s). (2) If the owner still fails to cure the condi- tions) by the time set for code enforce- ment board hearing pursuant to the above - detailed notice, then the enforcement officer shall submit proof at the code enforce- ment board hearing concerning the de- gree of danger of the condition(s) to the NUISANCES the appropriate department within five (5) work- ing days indicating any and all measures taken to reduce false alarms. (Code 1974, § 9-32(c)(2)) Sec. 13-59. Same —Service fee. There shall be a service fee charged for false alarms according to the following schedule: (1) First response, none in last six (6) months, no fee. (2) Second response, within six (6) months, no fee. (3) Third response, within six (6) months, written warning. (4) Fourth response, within six (6) months, one hundred dollars ($100.00). (5) Fifth response and up, within six (6) months, two hundred fifty dollars ($250.00). (Code 1974, § 9-32(c)(3)) Sec. 13-60. Same —Waiver of fee. If, within ten (10) days from the occurrence of a false alarm, the owner or lessee or manager can demonstrate to the satisfaction of the police chief or fire chief that the alarm system in question has actually been examined by a repair service autho- rized by the system manufacturer and either repaired, if such repaired malfunction was the cause of the false alarm, or certified that the system is in good working order, then providing the false alarm was not caused by employee error, the false alarm shall not be considered a false alarm for the purpose of section 13-59. (Code 1974, § 9-32(c)(4)) Sec. 13-61. Disconnection of system. Upon failure of an owner or lessee or manager of a premises to pay any fee specified above within ten (10) days, the chief of police or fire chief shall be authorized to disconnect or order the discon- nection of the alarm system; and it shall be unlawful for any person to reconnect or fail to disconnect such alarm system unless and until appropriate corrective action has been taken and such connection of an alarm system is authorized by the chief of police or fire chief. No disconnec- nor deactivation shall be ordered or made as to any premises required by law to have an alarm system in operation. The owner or lessee or man- ager shall be responsible for all costs incurred in collecting the service fee including attorney's fees. (Code 1974, § 9-32(c)(5)) ARTICLE IV. MISECELLAIVEOUS NUISANCES Sec. 13-62. Skateboarding, roller skating, in - line skating, and other similar activities on human -propelled de- vices. (a) Purpose. The purpose of this section is to regulate skateboarding, roller skating, in -line skat- ing, and other similar activities on human - propelled devices, and to designate specific loca- tions where such activities are permitted. This section is established in order to promote the overall safety and well-being of the public, and to prevent undue property damage that may result from these activities. (b) Prohibition. Skateboarding, roller skating, ine skating, and other similar activities on human -propelled devices, when performed on steps, benches, retaining walls, parking barriers, build- ings, fountains, fountain areas, and other public and private improvements not intended for such activities are hereby declared a public nuisance. Further, where prohibited by a conspicuously posted sign, these activities are declared a public nuisance. This subparagraph (b) shall not apply on property where the property owner, tenant, or person lawfully in possession authorizes and con- sents to such activities. (c) Approved locations —In general. Unless oth- erwise prohibited by a posted sign or on improve- ments as set forth in subsection (b), skateboard- ing, roller skating, m4ine skating and other similar activities on human -propelled devices are ex- pressly permitted in the following areas: (1) Sidewalks; (2) City parks; (3) Cross Seminole Trail; (4) Skate parks and skating facilities; and Supp. Mn 9 $$1 § 13-62 WINTER SPRINGS CODE (5) Crosswalks on roadways in accordance with § 316.2065(12), Florida Statutes. (d) Posting signs. Property owners shall be responsible for posting signs prohibiting skate- boarding, roller skating, in -line skating and other similar activities on human -propelled devices. (e) Civil remedies. A violation of this section shall constitute a Class I violation pursuant to section 2-69.3. (Ord. No. 2004-29, § 1, 7-26-04) Secs. 13-63-13-69. Reserved. ARTICLE V. PUBLIC NUISANCE ABATEMENT BOARD* Sec. 13-pin . Intent and purpose. T a ru is ��ie itii,eiii, and purpose of this article to promote, protect and improve the health, safety and welfare of the citizens of the City of Winter Springs by creating an administrative board to imno5e a8ministrative fines, enjoin find prolsib't certain criminal activity on private property and provide an equitable, expeditious, effective and efficient method of abating drug, prostitution, dealing in stolen property, and criminal street gang activity, constituting public nuisances within the municipal boundaries of the City of Winter Springs as provided under Section 893.138, Flor- ida Statutes (2002), and as may be amended. (Ord. No. 2003-33, § 9-8-03) Sec. 1341. Creation of the public nuisance abatement board. There is hereby created, in accordance with section 893.138, Florida Statutes, the "City of Winter Springs Public Nuisance Abatement Board" (hereinafter referred to as "Nuisance Abatement Board"). (Ord. No. 2003-33, § 2, 9-8-03) Sec. 13-72. Definitions. The following terms and phrases, when used in this article, shall have the meanings ascribed to them in this section: (a) Controlled substance shall mean any drug, narcotic, or other substance identified and prohib- ited under Chapter 893, Florida Statutes, as amended from time to time. *Note —Formerly numbered as Article IV. Supp. Mn 9 882 (b) Criminal street gang shall have the same meaning as set forth under Section 874.03, Flor- ida Statutes. (c) Criminal street gang activity shall mean those activities committed by a criminal street gang or member thereof as set forth under Section 874.03, Florida Statutes. (d) Dealing in stolen property shall have the same meaning as that provided under Section 812.019, Florida Statutes. (e) Nuisance abatement coordinator shall mean the city manager or the manager's designee who will be responsible for the oversight and enforce- ment of public nuisances addressed under this UAcIc (f) Prostitution or prostitution -related activity shall mean any act constituting a violation of Section 796.07, Florida Statutes. (g) Recurring public nuisance means any gle or multiple instance of conduct prescribed in Section 893.138, Florida Statutes that occurs dur- ing the effective term of an order entered by the nuisance abatement board. (h) Stolen property shall mean tangible, intan- gible, personal or real property having any mon- etary or market value and that has been the subject of any temporary or permanent criminal taking in violation of the laws of the State of Florida. (Ord. No. 2003-33, § 2, 9-8-03) Sec. 13-73. Composition; term. (a) The City of Winter Springs Code Enforce- ment Board is hereby designated and established as the nuisance abatement board, and shall act as the c'ty's administrative board to hear complaints regarding nuisances as provided herein. (b) The terms of office of the nuisance abate- ment board members shall coincide with the terms of office of the code enforcement board members. (Ord. No. 2003-33, § 2, 9-8-03) NUISANCES Sec, 13-74. Powers; duties; jurisdiction. (a) The nuisance abatement board shall have the powers as delineated in section 893.138, Flor- ida Statutes, which shall include, but not be limited to, the following. (1) Jurisdiction to hear and decide com- plaints alleging that a place or premises constitutes a public nuisance as defined under Section 893.138, Florida Statutes. The nuisance abatement board shall have continuing jurisdiction for a period of one (1) year over any place or premises that has been or is declared to be a public nuisance pursuant to this article. (2) The power to adopt rules of procedure for the administration and conduct of its hear- ings. Such rules shall not be inconsistent with this article and the rules of proce- dure adopted by the city commission. Any rules adopted by the nuisance abatement board shall facilitate the efficient admin- istration of hearings before it and ensure fundamental due process. (3) The power to subpoena respondents, wit- nesses, and evidence, records and other material relevant to the proceedings, to its hearings and take testimony under oath. Subpoenas may be served by the City of Winter Springs Police Department or by such other person provided by law. (4) Issue orders having the force and effect of law, which include, but are not limited to, the prohibition, enjoinment or abatement of public nuisances, including the estab- lishment and levy of fines. (b) It is the intent of this article to provide the city with an additional and supplemental means to abate drug, prostitution, dealing in stolen prop- erty, and criminal street gang activities amount- ing to a public nuisance. Nothing contained herein shall preclude the city from abating nuisances under Section 60.05, Florida Statutes or as oth- erwise provided by federal, state or local law. (c) The nuisance abatement board shall hear complaints alleging that any place or premises constitutes a public nuisance, and may find said place or premises, or any part thereof, to be a § 13-74 Supp. No. 6 882 .1 § 10-14 WINTER SPRINGS CODE [THIS PAGE INTENTIONALLY LEFT BLANK] Supp. No. 6 882.2 Chapter 19 UTILITIES* Article I. In General Sec. 19-1. Garbage service to be provided for certain tenants. Secs. 19-2-19-25. 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. 1943. 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. 19-101. Office hours. Sec. 19-102. User charge schedule, general. Secs. 19403-19425. Reserved. *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. 6 1227 WINTER SPRINGS CODE sion 5. Sewerage Revenue Generation System Sec. 19-126. Accounts established. Sec. 19427. Deposits. Sec. 19428. Expenditures. Sec. 19-129. Accountant certification of adequate maintenance. Secs. 19430-19435. Reserved, Article III. Reclaimed Water System Sec. 19-136. Definitions. Sec. 19-137. Routing and construction. Sec. 19438. Rates and charges. Sec. 19439. Promulgation and enforcement of service procedures and regula- tions. Sec. 19-140. Inspection. Secs. 19-141-19-145. Reserved, Article N 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, Raclrflo�.v Pr^vention . Intent. 19-150 19-151. Manual of cross -connection control adopted by reference; compli- ance required. 19452. Changes to manual. 19453. Administration. 19-154. Inspection and testing, right of access. 19455. Installation, testing and maintenance of backflow prevention devices. 19-156. Cross -connection violations and penalties. 19457-19-160. Reserved, 19-161. 19-161.5. 19462. 19-163. 19-164. 19-165. 19-166. 19467. 19-168. 19-169. 19-170. Sec. 19470.5. Sec. 19-171. Sec. 19-172. Sec. 19-173. Sec. 19-174. 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 from interconnected municipal storm sewer systems. Inspection, monitoring for compliance and operational mainte- nance requirements. High risk screening, Supp. No. 6 1228 UTILITIES Sec. 19-175. Enforcement, penalties and legal proceedings. Secs. 19-176-19-199. Reserved. Article VI. Water Shortage Conditions and Shortages Sec. 19-200. Intent and purpose. Sec. 19-201. Definitions. Sec. 19-202. Application of this article. Sec. 19-203. Implementation. Sec. 19-204. Water uses, surcharges and factors considered. Sec. 19-205. Enforcement. Sec. 19-206. Exceptions. Sec. 19-207. Penalties. Sec, 19-208. Water use constitutes acceptance of provisions of article. Secs. 19-209-19-250. Reserved. Article VII. 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. 6 1228.1 WINTER SPRINGS CODE [THIS PAGE INTENTIONALLY LEFT BLANK] Supp. No. 6 1228.2 UTILITIES trol manual, and in no case shall be less than once a year. Fees and charges shall be as set forth in the city's cross -connection control manual. (Ord. No. 493, § 1, 7-23-90) Sec. 19-154. Inspection and testing, right of access. Duly authorized employees of the city shall be permitted reasonable access to any building, struc- ture, or property served by a connection to public potable water supply within the city, for the purpose of inspecting the piping system or sys- tems. The refusal of such access when requested may result in the discontinuance of service. (Ord. No. 493, § 1, 7-23-90) Sec. 19-155. Installation, testing and main- tenance of backflow prevention devices. Public potable water system customers shall bear all expenses of installing, testing and main- taining the backflow prevention device. Installa- tion, testing, maintenance, and repair of backflow prevention devices shall be performed by certified personnel approved by the city's utility depart- ment. Copies of all testing, maintenance, and repair records shall be sent to the city's utility department immediately after work is performed. A record of all backflow prevention device instal- lations, testings and repairs within the city shall be kept on file and up to date by the city's utility department. (Ord. No. 493, § 1, 7-23-90) Sec. 19-Ina . Cross -connection violations and penalties. Any person or customer found guilty of violat- ing any [provision] of this division or any written order of the city or pursuance thereof, shall be guilty of a misdemeanor punishable by either a fine of not more than five hundred dollars ($500.00) or not more than ninety (90) days' jail sentence, or both for each and every day that such violation continues. (Ord. No. 493, § 1, 7-23-90) Secs. 19457-19-160. Reserved. ARTICLE V. STORMWATER MANAGEMENT UTILITY Sec. 19-161. Title. This Article V shall be known and maybe cited as the "Stormwater Management Utility" article and the provisions hereof shall pertain to all lands within the City of Winter Springs except as is otherwise herein provided. (Ord. No. 521, § 1, 7-27-92) Sec. 19-161.5. Purpose and intent. It is the purpose and intent of this article to establish stormwater management as a city util- ity and to establish a program of user charges and fees for Stormwater management services, which charges and fees are to be levied against all developed property within the city to accomplish the purposes of such utility. (Ord. No. 2004-01, § 2, 1-26-04) Sec. 19-162. Definitions. For the purpose of this article, the following definitions shall apply; words used in the singular shall include the plural, and the plural, the sin- gular; words used in the present tense shall include the future tense. The word "shall" is mandatory and not discretionary. The word "may" is permissive. Words not defined herein shall be construed to have the meaning given by common anI ordinary use. Best management practices (BMP's) shall mean schedules of activities, prohibitions of practices, maintenance procedures, treatment methods and other management practices to prevent or reduce pollutants from entering the MS4 or being dis- charged from the MS4. City shall mean the City of Winter Springs, Clean Water Actor CWA shall mean Public Law (PL) 92-500, as amended PL95-217, PL95-576, PL6-483, PL97-117 and 33 U.S.C. 1251 et seq., as amended by the Water Quality Act of 1987, PL100-4. Supp. No. 6 1257 § 19462 WINTER SPRINGS CODE Construction activities shall mean the alter- ation of land during construction and includes such activities as clearing, grading, and excava- tion. Developed property shall mean any parcel which contains impervious area. Director shall mean the Director of Public Works of the City of Winter Springs, or the director's designee. Discharge shall mean the release of liquid, solid or gaseous material and includes, but is not limited to, a release, spilling, leaking, seeping, pouring, emitting, emptying and/or dumping of any substance of material, n7nnlJin rs nnifi ohnll .-1 ., : �,. �ulCll711- tial space identified for habitation by persons and including permanent provisions for living, sleep- ing, eating, cooking and sanitation or as classified by the city building code, including, but not lim- ited to: residential rooms or combination of rooms designed to be occupied on a permanent or long- term basis not otherwise defined as a hotel or motel; apartment units; condominium units; multi- family units and prepared mobile home spaces. Multi -unit residential structures or complexes shall be deemed to consist of multiple dwelling units, regardless of whether or not such are served by a single water or sewer connection. Boarding houses and rooming houses as else- where defined in this Code shall constitute one (1) equivalent single-family residential unit. Equivalent residential unit (ERU) shall mean the statistical average impervious area of residen- tial developed property per dwelling unit within the city. The numerical value of one (1) ERU shall be an impervious area that shall be adopted by the city commission in the rate resolution. Illicit connection shall mean source discharges to the city's MS4 or to waters of the United States, which are not composed entirely of stormwater and are not authorized by a permit. Illicit discharge shall mean discharge to the city's MS4 or to waters of the United States which is not composed entirely of stormwater, unless exempted pursuant to this article, or the dis- Supp. No. 6 1258 charge to the city 's MS4 or to waters of the United States which is not in compliance with federal, state or local permits. Impervious area shall mean land surfaces, nat- ural or man -affected, which do not, or only mini- mally, allow the penetration and/or infiltration of water including, but not limited to roofed and paved areas, areas covered by roofs, roof exten- sions, slabs, patios, porches, driveway, sidewalks, parking areas, athletic courts/areas and road- ways. Industrial activities shall mean activities at facilities identified by the United States Environ- mental Protection Agency as requiring an NPDES stormwater permit in accordance with Title 40 Code of the Federal Regulations, Part 122.26 and any amendment thereto. Municipal Separate Storm Sewer• System or MS4 shall mean a conveyance, storage area or system of eonveyarnres and storage Lareao (Ircllid ing, but not limited to, roads with drainage sys- tems, streets, catch basins, curbs, gutters, ditches, manmade channels, storm drains, treatment ponds and other structural BMP's) owned or operated by a local government that discharges to waters of the United States or to other MSTs that is de- signed solely for collecting, treating or conveying stormwater and that is not part of publicly owned treatment works (POTW). Nonresidential property shall mean developed property that is classified by the property ap- praiser as land use types 10 through 99 under the Florida Department of Revenue Land Use Codes, as may be amended from time to time, and shall be deemed to include, but not be limited to, dormitories, hospitals, nursing homes, sanitari- ums, recreational vehicle spaces, hotels and mo- tels. Any property that contains both residential and nonresidential facilities shall be treated as the type property that will result in the larger number of equivalent residential units (ERU's). Nuisance species shall mean species of flora or fauna whose noxious characteristics or presence in sufficient number, biomass, or a real extent may reasonable be expected to prevent, or unrea- sonably interfere with, a designated use of those waters. UTILITIES Person shall mean any individual, partnership, firm, organization, corporation, association or other legal entity, whether singular or plural, as the context may require. Point source shall mean any discernible and confined conveyance including, but not limited to, any pipe, ditch, channel, conduit, well, container, rolling stocks, concentrated animal feeding oper- ation, vessel or other floating craft from which pollutants are discharged. This term does not include return flows from irrigated agriculture. Pollution shall mean the presence in the out- door atmosphere or surface waters of any sub- stances, contaminants, noise, or man-made or man -induced alteration of the chemical, physical, biological or radiological integrity of air or water in quantities or levels which are or may be poten- tially harmful or injurious to human health or welfare, animal or plant life, or property, includ- ing outdoor recreation. Pollutants shall include, but not limited to, dredged spoil, solid waste, incinerator residue, filter backwash, sewage, gar- bage, sewage sludge, munitions, chemical wastes, biological materials, wrecked or damaged equip- ment, rock, sand and industrial, municipal and agriculture waste discharged into the MS4. Reclaimed water shall mean water that has received at least advanced secondary treatment and basic disinfection and is reused after flowing out of a wastewater treatment facility. Residential property shall mean any developed property which has the majority use as a resi- dence and is so classified by the Seminole County property appraiser. Reuse shall mean the deliberate application of reclaimed water, in compliance with Florida De- partment of Environmental Protection and/or St. Johns River Water Management District rules, for a beneficial purpose. Runoff shall mean the surface flow of water which results from, and occurs following, a rain- fall event. Significant construction activities shall mean construction activities which result in the distur- bance of five (5) acres or more of total land area. § 19-103 Significant re -development shall mean the al- teration of an existing development which results in the increase in the discharge of a stormwater facility beyond its previously designed and con- structed capacity, or increased pollution or changed points of discharge, except emergency repairs. Spill shall mean illicit discharge. Stormwater shall mean surface runoff and the discharge of runoff water resulting from rainfall. Stormwater management system means the system by which the city manages and controls stormwater within the city. The system includes management services such as designing, permit- ting, planning and reviewing stormwater related infrastructure; and the operation, maintenance, repair and replacement and improvement of said infrastructure consistent with the capital improve- ments and stormwater management elements of the city's comprehensive plan. Stormwater management utility fee means a non ad valorem assessment benefiting developed property parcels. Waters of the United States shall mean surface and ground waters as defined by Title 40 Code of the Federal Regulations, Part 122.2, and any amendments thereto. (Ord. No. 521, § 2, 7-27-92) Sec. 19-163. Stormwater management util- ity fee created. (a) A stormwater management utility fee (the "fee"), is hereby created and imposed on all devel- oped property within the city for services and facilities provided by the stormwater manage- ment system. The developed property owner is responsible for payment of the fee. For the pur- poses of imposing the fee, all developed property within the city shall be classified either as: (1) Residential developed property; or (2) Nonresidential developed property. (b) The city manager or his designee shall obtain a list each year from the Seminole County property appraiser of property within the city and Supp. No. 6 1259 WINTER SPRINGS CODE in assign each parcel a classification of residen- tial developed property or nonresidential devel- oped property. (Ord. No. 721, § 3, 7-27-92) Sec. 19-164. Schedule of rates. (a) The stormwater management utility fee shall be adopted from time to time by ordinance of the City Commission (the "rate ordinance"), and shall be calculated for each developed property as follows: (1) The fee for residential developed property is the rate for one (1) ERU multiplied by the number of dwelling units existing on the property. That is, Fee = ERU x num- ber of Dwelling Units. (2) 1'he tee for nonresidential property is the rate for one (1) ERU multiplied by the numerical factor. The numerical factor is obtained by dividing the total impervious property by the square footage for one (1) ERU as set forth in the rate resolution. The resulting calculation is, Fee = ERU rate x (parcel impervious area expressed in square feet/the square footage for one (1) ERU). (b) The minimum fee for developed property, whether residential or nonresidential, is equal to the rate for one (1) ERU, subject to reduction as set forth in subparagraph (c) below. (c) Facility credit. (1) In order to encourage the improvement of the quality of stormwater runoff, a reduc- tion in the stormwater management util- ity fee is authorized for those developed properties which have a stormwater man- agement facility designed and constructed for the purpose of stormwater pollution reduction. (2) A reduction in the fee is allowed for a particular developed property only if the stormwater runoff from the property is treated by a stormwater management fa- cility that has been designed, constructed and is maintained properly for the pur- pose of stormwater pollution reduction. If Supp. No. 6 1260 it is determined by the director that the stormwater management facility has not been, or is not currently being, properly maintained as designed, the director may disallow the on -site stormwater quality management facility credit. (3) For applicable properties as determined by the director, the fee shall be reduced by twenty-five (25) percent. The reduced fee will, therefore, be calculated as the fee pursuant to the rate resolution multiplied by the factor of 0.75 (fee x 0.75). (d) Undeveloped property. There shall be no stormwater management utility fee charged to undeveloped property that has not been altered from its natural state by dredging, filling, re- :��.`#.. cf t C)i u uud vuSCbui.il%ia va Ub11C1 dGL1V1L1C.S' which have disturbed or altered the topography or soils on the property. (Ord. No. 521, § 4, 7-27-92; Ord. No. 2002-20, § 6, 6-24-02; Ord. No. 2004-01, § 2, 1.-26-04) Sec. 19-165. Billing, payment, penalties and enforcement. (a) Statements for the stormwater manage- ment utility fee shall be rendered monthly in accordance with a monthly billing cycle adminis- tered by the city for all properties subject to the fee. Only developed property shall be subject to the fee. (b) The stormwater management utility fee is for services furnished to the developed property and the fee therefore must be paid by the property owner. If the property is tenant -occupied, the property owner may request that the city bill the n teant for such fee. Such instructions shall be in writing. If the property is tenant -occupied and the tenant is to be billed for such fee, any delinquent fee shall be charged against any utility deposit then held by the city. If the tenant fails to pay the fee, the property owner shall remain liable for the fee. (c) Any fee remaining unpaid on a developed property for ninety (90) days shall constitute a lien in favor of the city against said property, and the city attorney is authorized and directed to record a lien for such unpaid fee in the public records of Seminole County, Florida. Such lien UTILITIES § 19466 shall be superior in dignity to any encumbrances denying or granting the request with the on the said property, whether occurring prior to or reasons therefore stated in such response. subsequent to such lien being recorded, except for tax liens, and may be foreclosed by the city as (3) The rate adjustment, if granted, will ap- provided by law. ply retroactively to the date on which the erroneous information was applied to the (d) Statements for the stormwater manage- applicant's fee, but not to exceed one (1) ment utility fee shall be payable at the same time year prior to the adjustment request. and in the same manner and subject to the same penalties as they are otherwise set forth for other (4) If this adjustment is denied, the applicant utility fees administered by the city. The property may, within thirty (30) days of the receipt owner will be notified of any delinquency in the of the denial, petition for a review of the payment of the stormwater management utility adjustment request by the city commis - fee in the same manner that delinquent water sion. The city commission shall review the and sewer bills are notified, and the failure to pay adjustment request in accordance with such fee as is otherwise provided in the statement the provisions set forth in this article as shall subject the property to the discontinuance of well as the evidence provided in the orig- water and sewer services and shall subject the owner of the developed property to all other inal adjustment request and supplemen- penalties and charges available under the law tal evidence requested by the city man - relative to the discontinuance of such utility ser- ager or provided by the applicant prior to vices, the decision made by the city manager. Within sixty (60) days after applicant files (e) The owner of developed property that is not the petition, the city commission shall, in served by city water and sewer shall not be writing, either grant or deny the petition. required to pay the city a stormwater manage- If the petition is granted, the city man- ment utility fee deposit. ager will apply the adjustment to the fee (f) The administrative appeal and hearing pro- for the requesting customer for the retro- cedure applicable to the discontinuance of utility active period identified by the city com- services shall be applicable to the discontinuance mission. If the petition is denied, the of such services for the nonpayment of the petitioner may appeal to circuit court, stormwater management utility fee. provided said appeal is filed within thirty (Ord. No. 521, § 5, 7-27-92; Ord. No. 702, § IX, (30) days after the commission renders its 6-8-98) decision. Sec. 19-166. Adjustment of fees. (b) The city manager, upon discovering an er- ror or oversight in the calculation of the fee, may (a) Any owner, tenant or occupant who has initiate an adjustment request. The request must paid the fee assessed against his property and be made in writing documenting the reasons for who believes that the fee is in error may, subject the adjustment. In the event that the adjustment to the limitations set forth in this section, submit would require an increase in the fee, the city an adjustment request to the city manager. manager must provide the adjustment request to (1) Adjustment requests shall be made in the affected fee payer thirty (30) days prior to writing and shall set forth in detail the adjusting the fee and offer the fee payer an grounds upon which the request is made. opportunity within the stated thirty (30) days to request an adjustment pursuant to the provisions (2) The city manager shall review the adjust- of subsection (a) above. An increase or decrease in ment request within ninety (90) days of fee shall not be retroactively effective more than the submittal of the request and shall one (1) year from the date of adjustment, respond in writing to the applicant, either (Ord. No. 521, § 6, 7-27-92) Supp. No. 6 1260.1 § 19-167 WINTER SPRINGS CODE Sec. 19467. Stormwater management util- (4) Research, develop and refine experimen- ity fund. tal and prototypical stormwater manage- ment systems, facilities, devices and tech - (a) There shall be established a stormwater niques; management utility fund (the "fund") for the (5) Inspect public and private systems so as deposit of all fees collected pursuant to this arti- to sssi rP performance_ and _compliance ele. The fund -shall be -used -exclusively -to pay -for -- ___- costs associated with the stormwater manage- with applicable stormwater codes and reg- ment system, including, but not limited to: ulations; (1) Operation and maintenance of stormwater management facilities under the jurisdic- tion of the city; (2) Costs for the evaluation of stormwater management facilities under the jurisdic- tion of the city; w, c�uiiitlli8ti,vC wai,a reaieu o clle man- agement of stormwater management sys- tem; (4) Management services such as permit re- view and planning and development re- view related to the stormwater manage- ment system; and (5) Debt service financing of capital improve- ments related to the stormwater manage- ment system. (Ord. No. 521, § 7, 7-27-92) Sec. 19-168. Powers, duties and responsibil- ities of director. The director shall have the power (but is not limited) to: (1) Administer and enforce this article and any other appropriate stormwater related codes and regulations, and support regu- lations in the operation, maintenance, al- teration, repair and replacement of stormwater management systems, facili- ties and devices; (2) Plan and execute stormwater manage- ment programs; (3) Plan, design, acquire right -of --way for, and construct capital projects as approved and funded by the city commission; (6) Review drawings, submittals, and site plans, both public and private, for stormwater management systems, de- vices, and facilities for adequacy, suffi- ciency, and consistency with applicable codes and regulations; (7) Prepare a master stormwater manage- ment plan; (8) Charge and collect fees; fines and penal- ties; maintain billing and collection sys- tems and records; conduct periodic rate studies so as to maintain an efficient and equitable rate structures and ensure a prudent and stable financial base from which to operate; (9) Advise the city manager or, consistent with Charter, other appropriate city offi- cials on matters concerning stormwater management; (10) Promulgate rules, practices and proce- dures necessary for efficient and effective management of the utility; and (11) Perform acts incidental and/or necessary to the efficient and effective operation of the utility. (Ord. No. 2004-01, § 2, 1-26-04) Sec. 19-169. Prohibited acts, generally. No person, unless expressly authorized in writ- ing by the director shall tamper with, work on, connect to or in any way alter or damage any part of the city's utility system, including the potable water, reclaimed water, sanitary sewer and/or stormwater systems. Tampering or work shall Jude, but not be limited to, unauthorized oper- ation of city owned valves, meter tampering, straightlines, unauthorized taps, line ruptures and/or illegal dumping. (Ord. No. 2004-01, § 2, 1-26-04) Supp. No. 6 1260.2 UTILITIES Sec, 19470. Discharges into natural waters and the municipal storm sewer system. (a) Discharge to the city's MS4 shall be con- trolled to the extent that such discharges will not impair the operation of the MS4 or contribute to the failure of the MS4 to meet any local, state or federal requirements, including, but not limited to, NPDES Permit No. FLS000038. Discharge to the waters of the United States shall be controlled to the extent that the discharge will be controlled to the maximum extent practicable as defined in NPDES Permit No. FLS000038. (b) Stormwater discharges to the MS4 from industrial, commercial or construction activities and from new development or redevelopment projects are required to obtain appropriate local, state and/or federal permits prior to discharging the MS4. (c) Any person determined by the city to be responsible for a discharge contributing to the failure of the city's MS4 to comply with the provisions and conditions of an NPDES permit shall be guilty of a violation of this chapter and shall provide corrective measures as determined necessary by the director, and shall be liable for Ines and damages. (d) The following non-stormwater discharges will be allowed to enter storm systems except when water quality standards applicable to all regulatory authorities are exceeded, and where the non-stormwater discharges are not identified as a source of pollutants to waters of the United States: M (10) Uncontaminated ground water infiltra- tion (as defined at Title 40 Code of Fed- eral Regulation, Part 35.205(20)); (11) Uncontaminated pumped ground water; (12) Discharges from potable water sources; (13) Air conditioning condensate; (14) Irrigation water; (15) Springs; (16) Lawn watering; (17) Sidewalk/building power washing; (18) Individual residential car washing; (19) Flows from riparian habitat and wetlands; and/or (20) Discharges or flow from emergency fire fighting activities and emergency re- sponse activities done in accordance with adopted spill response/action plan. (e) It shall be unlawful for any person to drain, deposit, place or otherwise discharge into any natural water body or stormwater system within the city, or to cause or permit to be drained, deposited, placed or otherwise discharged into such waters, any organic or inorganic matter ("polluting matter") which causes or tends to cause pollution, pursuant to the water quality standards established by the applicable regula- tory agencies. Polluting matter includes, but is not limited, to the following: (1) Petroleum products, including, but not limited to oil, gasoline, and grease; (2) Solid waste; (1) Water line flushing; (3) Pet waste; (2) Landscape irrigation; (4) Chemicals; (3) Flushing of reclaimed water lines; (5) Paints; (4) Street cleaning; (6) Soaps; (5) Construction dust control; (7) Laundry waste; (6) Diverted stream flows; (8) Pesticides, Herbicides or Fertilizers; (7) Rising ground waters; (9) Degreasers, solvents; (8) Foundation, footing drains, roof drains; (10) Sanitary sewage; (9) Swimming pool discharges; (11) Chemically treated cooling water; Supp. No. 6 1260.3 § 19470 (12) Antifreeze, ucts; WINTER SPRINGS CODE and other automotive prod- (13) Lawn clippings, leaves, branches, etc.; (14) Animal carcasses; (15) Silt; (16) Acids or alkalis; (17) Recreational vehicle waters; (18) Dyes; (19) Construction materials; (20) Any groundwater which contains phospho- rous or nitrogen concentrations greater than the surface water into which the groundwater is discharged; (21) Any water which exceeds the state sur- face water standards; (22) Toxic or poisonous solids or liquids; and/or (23) Solids in such quantities or of such size capable of causing interference or obstruc- tion to the flow in the city's stormwater system or natural water bodies. (Ord. No. 2004-01, § 2, 1-26-04) Sec. 19-170.5. Stormwater discharges from industrial, commercial and construction activities. (a) Stormwater discharges from industrial and commercial activities shall be treated or managed on site, in accordance with appropriate federal, state or local permits and regulations, prior to discharge to the city's MS4. (b) Stormwater discharges from significant con- struction activities shall be treated or managed on -site in accordance with appropriate federal, state or local permits and regulations, prior to discharge to the city's MS4. Erosion, sediment and pollution controls for the construction site shall be properly implemented, maintained and operated according to a pollution prevention plan required by an NPDES permit for the discharge of stormwater from construction activities, or accord- ing to a state permit issued by the Florida Depart- ment of Environmental Protection or St. Johns River Water Management District. (c) Construction activity which is not defined as significant is still characterized as an illicit connection or illicit discharge if the activity causes an impairment of the operation of the MS4 or contributes to the failure of the MS4 to meet any locA state or federal requirements, including, but not limited to, NPDES permits. (d) The owners or operators of industrial facil- es, commercials entities and construction site which discharge stormwater to the city's MS4 shall provide prior written notification to the city of the discharge and shall have received prior approval of the discharge from the city. (Ord. No. 2004-01, § 2, 1-26-04) Sec. 19-171. Prohibition of illicit discharges nizd 1111eit R!owncnetaninp (a) Illicit discharges and illicit connections to the city's MS4 are prohibited. (b) Failure to report a connection frnm trial activities, commercial entities or construc- tion activities to the city's MS4 or to waters of the United States constitutes an illicit connection. (c) Failure to report to the city a discharge All industrial activities, commercial entities or construction activities to the city's MS4 or to waters of the United States constitutes an illicit discharge. (d) Any discharge to the city's MS4 or to wa- ters of the United States which is in violation of federal, state or local permits or regulations con- stitutes an illicit discharge. (e) Persons responsible for illicit discharges or illicit connections shall immediately cease the cit discharge or illicit connection, and obtain appropriate approvals from applicable regulatory agencies prior to resuming the discharge or con- nection. (Ord. No. 2004-01, § 2, 1-26-04) Sec. 19472. Control of pollutant contribu- tions from interconnected mu- nicipal storm sewer systems. The discharge of stormwater between intercon- nected state, county, city or other MS4s shall not and shall not be permitted to cause the city's MS4 Supp. No. s 1260.4 UTILITIES to be in violation of the provisions of an NPDES 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, § 2, 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: f. 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, § 2, 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: d. Stabilization and restoration of eroded areas; e. Mowing and removal of grass clip- pings; Supp. No. 6 1260.5 (1) Munipallandfill(s); ci (2) Hazardous waste treatment, storage, 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. WINTER SPRINGS CODE (c) The high risk screening program shall re- quire: (1) Inspecting businesses and 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 fhnrn am n"Nr tlnnr .4r..;". A where they discharge to.��4� "AA" 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 occupa- tional license; ii. 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 FDFP or other rP,m lato-m acran- ties. (Ord. No. 2004-01, § 2, 1-26-04) 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- tice 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 of the corrective measures. Proposals for correc- tive action are subject to the approval of the director. Supp. No. s 1260.E [i1111iiii1li�DF (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 Enforcement Board, persons responsible for vio- lation 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. 19-176-19-199. 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, M6-01) 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. 9 1260.7 § 19-201 WINTER SPRINGS CODE [THIS PAGE INTENTIONALLY LEFT BLANK] Supp. No. 6 1260.8 Chapter 20 ZONING* Article I. In General Sec. 20-1. Definitions. Sec. 20-2. Basis for regulations and requirements herein set forth. Sec. 20-3. Purpose. Sec. 20-4. Scope. Sec. 20-5. Interpretation, purpose and conflict. Sec. 20-6. Penalty. Secs. 204-20-25. Reserved, Article II. Administration Division 1. Procedure; Land Use Decisions Sec. 20-26. Intent and purpose. C. 20-27. City commission; authority. Sec. 20-28. Due process; special notice requirements. Sec. 20-29. Applications. Sec. 20-30. Staff review. Sec. 20-31. Rezonings. Sec. 20-32. Variances. Sec. 20-33. Conditional uses. Sec. 20-34. Waivers. Sec. 20-35. Administrative appeals. Sec. 20-36. Expiration of conditional use, variance and waiver approvals. Secs. 20-37-20-50. Reserved. Division 2. Planning and Zoning Board Sec. 20-51. Created. Sec. 20-62. Composition, appointment of members. Sec. 20-53. Term; filling vacancies; removal of members. Sec. 20-54. Reserved. Sec. 20-55. Compensation; allowances for expenses incurred in performance of duties. Sec. 20-56. Meetings; quorum; records to be kept. Sec. 20-57. Duties; general. Sec. 20-58. Assistants. Sec. 20-59. Reserved. Secs. 20-60-2045. Reserved. *Cross references -Code enforcement board to enforce certain ordinances of the city, § 2-56 et seq.; beautification board, § 2-76 et seq.; annexations and rezonings, § 2-116 et seq.; limitation on the number of dogs and cats permitted, § 4-2; arboreal standards of the City of Winter Springs, Ch. 5; regulations regarding landscaping applicable to privately held property, § 5-3; buildings and building regulations, Ch. 6; regulations regarding fences, walls, hedges, etc., § 6-186 et seq.; limitations on obstruction of clear vision when adjacent to street, intersection, etc., § 6-191 et seq.; required distance of fences or hedges from property line established, § 6493; swimming pools, § 6-211 et seq.; setback requirements for swimming pools, § 6-219; fire hydrant requirements, placement and maintenance, § 746 et seq.; flood damage prevention, Ch. 8; land development, Ch. 9; off-street parking and loading requirements, § 9-276 et seq.; uniform building numbering system, § 9-370 et seq.; development impact fees, § 9-386 et seq.; adult entertainment regulations in commercial establishments, § 10-86 et seq.; planning, Ch. 15; comprehensive plan, § 15-26 et seq.; signs and advertising, Ch. 16; streets, sidewalks and other public places, Ch. 17. Supp. No. 6 1305 WINTER SPRINGS CODE sion 3. Board of Adjustment Sec. 20-76. Creation. Sec. 2047. Composition, appointment of members. Sec. 20-78. Term; filling vacancies; removal of members. Sec. 2049. Reserved. Sec. 20-80. Compensation; allowances for expenses incurred in performance of duties. Sec. 20-81. Meetings; quorums; records to be kept. Sec. 20-82. Duties and powers; general. Sec. 20-83. Reserved. Sec. 20-84. Reserved. Secs. 20-85-20-100. Reserved. Article III. Establishment of Districts Division 1. Generally Sec. 20-101. Division of city. Sec. 20-102. Official zoning map, working maps and procedures. Sec. 20-103. Restrictions noon landq, hniltlinoq anti Ornrfiireo, Sec. 20404. Changes and amendments. Secs. 20-105-20-120. Reserved. Division 2. R-lAaa Single -Family Dwelling Districts Sec.LO-1Ll. Designation, Sec. 20-122. Uses permitted. Sec. 20423. Conditional uses. Sec. 20424. Building height regulations. Sec. 20425. Building area regulations. Sec. 20-126. Front, rear and side yard regulations. Sec. 20427. Lot coverage. Sec. 20-128. Off-street parking regulations. Secs. 20429-20440. Reserved, Division 3. R-Ci Single -Family Dwelling District Sec. 20-141. Designation. Sec. 20-142. Uses permitted. Sec. 20-143. Conditional uses. Sec. 20444. Building height regulations. Sec. 20-145. Building area regulations. Sec. 20-146. Front, rear and side yard regulations. Sec. 20-147. Lot coverage. Sec. 20448. Off-street parking regulations. Secs. 20-149-20-160. Reserved. Division 4. R-lAa and R-lA One -family Dwelling Districts Sec. 20-161. Designation. Sec. 20-162. Uses permitted. Sec. 20-163. Conditional uses. Sec. 20-164. Building height regulations. Sec. 20-165. Building area regulations. Sec. 20-166. Front, rear and side yard regulations. Sec. 20-167. Lot coverage. Sec. 20468. Use, area and yard exceptions. Sec. 20469. Off-street parking regulations. Secs. 20-170-20-180. Reserved, Supp. No. 6 1306 ZONING Division 5. R-1 One -Family Dwelling Districts See. 20-181. In general. Sec. 20482. Uses permitted. Sec. 20483. Conditional uses. Sec. 20-184. Building height regulations. Sec. 20485. Building site area regulations. Sec. 20486. Front, rear and side yard regulations. Sec. 20-187. Lot coverage. Sec. 20488. Use, area and yard exceptions. Sec. 20489. Off-street parking regulations. Secs. 20-190-20-205. Reserved. Division 6. R-3 Multiple -Family Dwelling Districts Sec. 20-206. Designation. Sec. 20-207. Uses permitted. co 20-208. Conditional uses. Sec. 20-209. Building height regulations. Sec. 20-210. Building area regulations. Sec. 20-211. Front, rear and side yard regulations. Sec. 20-212. Lot coverage. Sec. 20-213. Off-street parking regulations. Secs. 20-214-20-230. Reserved. Division 7. C-1 Neighborhood Commercial Districts Sec. 20-231. In general. Sec. 20-232. Uses permitted. Sec. 20-233. Reserved. Sec. 20-234. Conditional uses. Sec. 20-235. Building height regulations. Sec. 20-236. Overlay district regulations. Sec. 20-237. Bulk regulations. Sec. 20-238. Off-street parking regulations. Sec. 20-239. Reserved. Secs. 20-240-20-250. Reserved, Division 8. C-2 General Commercial District Sec. 20-251. In general. Sec. 20-252. Uses permitted. Sec. 20-253. Building height regulations. Sec. 20-254. Conditional uses. Sec. 20-255. Bulk regulations. Secs. 20-256-20-257. Reserved. Division 8.5. I-1 Light Industrial District Sec. 20-258. In general. Sec. 20-259. Uses permitted. Sec. 20-260. Building height regulations. Sec. 20-261. Conditional uses. Sec. 20-262. Bulk regulations. Sec. 20-263. Enclosed buildings and outside storage. Secs. 20-264-20-265. Reserved, Division 9. R-U Rural Urban Dwelling Districts Sec. 20-266. In general. Supp. No. 6 1307 WINTER SPRINGS CODE Sec. 20-267. Uses permitted. Sec. 20-268. Conditional uses. Sec. 20-269. Building height regulations. Sec. 20-270. Building site area regulations. Sec. 20-271. Front, rear and side yard requirements. Sec. 20-272. Lot coverage. Sec. 20-273. Off-street parking regulations. Secs. 20-274-20-290. Reserved, Division 10. T-1 Trailer Home Districts Sec. 20-291. Description of district. Sec. 20-292. Uses permitted. Sec. 20-293. Permits. Sec. 20-294. Uses permitted. Sec. 20-295. Building site area regulations. Sec. 20-296. Minimum front, rear and side yard regulations. Sec. 20-297. Special requirements. Secs. 20-298-20-310, Reserved. LitiBiui ii, -1 iviuuiie IYume Ya1'k 1J1SGTICLS Sec. 20-311. Definition of terms. Sec. 20-312. Description of district. Sec. 20-313. Uses permitted. Sec. 20-314. Special accessory uses. uec. 20-315. Prohibited uses. Sec. 20-316. Application for rezoning. Sec. 20-317. Application for construction. Sec. 20-318. Minimum development standards and requirements. Sec. 20-319. Special requirements. Division 12. Town Center District Code Sec. 20-320. Intent. Sec, 20-321. Administration, Sec. 20-322. Definitions. Sec. 20-323. Permitted uses. Sec. 20-324. General provisions. Sec. 20-325. Squares, parks, and, street types. Sec. 20-326. Building elements. Sec. 20-327. Architectural guidelines. Division 13. Greeneway Interchange Zoning District Sec. 20-328. Purpose. Sec. 20-329. General uses and intensities. Sec. 20-330. Permitted uses, conditional uses, accessory uses and structures, prohibited uses. Sec. 20-331. Building height. Sec. 20-332. Setbacks. Sec. 20-333. Land coverage. Sec. 20-334. Off-street parking and driveway requirements. Sec. 20-335. Landscaping. Sec. 20-336. Buffers and walls. Sec. 20-337. Signs. Sec. 20-338. Utility lines. Sec. 20-339. Cross -access easements. Sec. 20-340. Building and screening design guidelines. Sec. 20-341. Developer's agreement. Supp. No. 6 1308 ZONING Secs. 20-342-20-344. Reserved. Division 14. CC Commerce Center Zoning District. Sec. 20-345. Sec. 20-345.1. Sec. 20-345.2. Sec. 20-345.3. Sec. 20-345.4. In general. Uses permitted. Building height restrictions. Conditional uses. Bulk regulations. Division 15. C-3 Highway 17-92 Commercial District Sec. 20-346. In general. Sec. 20-346.1. Uses permitted. Sec. 20-346.2. Building height regulations. Sec. 20-346.3. Conditional uses. Sec. 20-346.4. Bulk regulations. Article IV. Planned Unit Developments Division 1. Generally Secs. 20-347-20-350. Reserved. Division 2. Part A. Planned Unit Development Sec. 20-351. Definitions. Sec. 20-352. Intent and purpose of district. Sec. 20-353. Permitted uses. Sec. 20-354. Site development standards. Sec. 20-355. Procedure for approval. Sec. 20-356. Preliminary development plan. Sec. 20-357. Final development plan. Sec. 20-358. Alterations to the preliminary development plan. Sec. 20-359. Alterations to the final development plan. Sec. 20-360. Control of development following approval after construction completed. Sec. 20-361. Time restrictions on approval. Sec. 20-362. Appeal. Secs. 20-363-20-375. Reserved. Division 3. Part B. Planned Unit Development Sec. 20-376. Definitions. Sec. 20-377. Intent and purpose of district. C. 20-378. Interpretation, purpose and conflict. Sec. 20-379. Permitted uses. Sec. 20-380. Site development standards. Sec. 20-381. Procedure for approval of a planned unit development. Sec. 20-382. Master plan. Sec. 20-383. Final subdivision plan. Sec. 20-384. Final engineering plan approval. Sec. 20-385. Alteration to the master plan. Sec. 20-386. Alterations to the final subdivision plan. Sec. 20-387. Control of development following approval after construction completed. Sec. 20-388. Time restrictions on approval. Sec. 20-389. Appeal. Secs. 20-390-20-410. Reserved. Supp. No. 6 1309 WINTER SPRINGS CODE Article V. Supplemental District Regulations Division 1. Generally Sec. 20-411. Trailers in residential areas. Sec. 20412. Trailer uses. Sec. 20-413. Animals. Sec. 20414. Exceptions. Sec. 20415. Reserved. Sec. 20-416. Kennel zoning. Sec. 20417. Residential wall buffers required. Sec. 20-418. Gasoline stations. Secs. 20419-20-430. Reserved, Division 2. Motor Vehicles Sec. 20-431. Parking, storage or maintenance of certain vehicles prohibited in residentially zoned districts. Sec. 20432. Commercial vehicle -Definition. Sec. 20-433. Storage, repair, etc., of disabled motor vehicles; approved. Sec. 20-434. Authorized commercial vehicles in residential areas. Sec. 20435. Authorized commercial vehicles in residentially zoned districts. Sec. 20436. Authorized commercial vehicles -Limited -term parking permits. Sec. 20437. Exempted vehicles. Secs. 20438-20-450. Reserved, Division 3. Siting and Regulation of Telecommunications Towers Sec. 20-451. Telecommunications towers. 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. Sec. 20-462. Creation. Division 2. General Design Standards for New Development Area Sec. 20-463. Applicability to new development overlay zoning district. Sec. 20-464. Building height. Sec. 20-465. Setbacks. Sec. 20466. Land coverage. Sec. 20467. Off-street parking and driveway requirements. Sec. 20468. Landscaping. Sec. 20469. Buffers and walls. Sec. 20470. Signs. Sec, 20471. Utility lines. Sec. 20-472. Corridor access management. Sec. 20473. Building and screening design guidelines. Sec. 20-474. Development agreement. Sec. 20475. Reserved. Secs. 20-476-20479. Reserved. Division 3. General Design Standards for Redevelopment Area Sec. 20-480. Applicability to redevelopment overlay zoning district. Sec. 20-481. Building height. Supp. No. 6 1310 ZONING co 20-482. Setbacks. Sec. 20483. Off-street parking and driveway requirements. Sec. 20-484. Landscaping. Sec. 20485. Buffers and walls. Sec. 20-486. Signs. Sec. 20487. Utility lines. Sec. 20488. Corridor access management. Sec. 20-489. Building and screening design guidelines. Sec. 20-490. Development agreement. Sec. 20491. Reserved. Secs. 20492-20-500. Reserved. Division 4. Reserved Supp. No. 6 1310.1 WINTER SPRINGS CODE [THIS PAGE INTENTIONALLY LEFT BLANK] Supp. No. 6 1310.2 ZONING ere d porches. On corner lots, the front yard shall be considered as parallel to the street upon which the lot has its dimension. Yard, rear. A yard extending across the rear of a lot between the sidelines of lots and being the minimum horizontal distance between the rear of the principal building or any projections thereof other than the projection of uncovered steps, balconies or porches. On all corner lots, the rear yard shall be at the opposite end of the lot from the front yard. Yard, side. A yard between the principal build- ing and the sideline of a lot and extending from the front lot line to the rear yard and being the minimum horizontal distance between a side lot line and the side of the principal building or any projection thereto. (Ord. No. 44, § 44.24, 1-8-68; Ord. No. 675, 12-8- 97) Cross reference —Definitions and rules of construction generally, § 1-2. Sec. 20-2. Basis for regulations and require- ments herein set forth. The regulations and requirements herein set forth have been made in accordance with a com- prehensive plan, with reasonable consideration, among other things, to the prevailing land uses, growth characteristics and the character of the respective districts and their peculiar suitability for particular uses and to encourage the most appropriate use of land throughout the city. (Ord. No. 44, § 44.01, 1-8-68) Sec. 20-3. Purpose. In their interpretation and application, the provisions of this chapter shall be the minimum requirements to promote the public health, mor- als, safety and general welfare; to conserve the taxable value of land and buildings and to protect the character and maintain the stability of resi- dential, business and industrial areas within the city and to promote the orderly and beneficial development of such areas. Among other pur- poses, such provisions are intended to provide adequate light, air, privacy and convenience of access to property, to avoid undue concentration of population by regulating and limiting the height and bulk of buildings, the size and open spaces surrounding buildings; to establish building lines; to divide the city into districts restricting and regulating therein the construction, reconstruc- tion, alteration and use of buildings, structures anI land for residence, business, industrial and other specified uses; to limit congestion in the public streets by providing off-street parking of motor vehicles; and to define the powers of the administrative officers of the planning and zoning board as provided herein. (Ord. No. 44, § 44.02, 1-8-68) Sec. 20-4. Scope. This chapter is not intended to repeal, change, abrogate, annul or in any way impair or interfere with the provisions of other laws or ordinances existing on the effective date of the ordinance from which this section was derived, except those specifically repealed or any private restrictions placed on property by covenant, deed or other private agreement. Where this chapter imposes a greater restriction upon the use of buildings or land or upon the height of buildings or lot cover- age, or require greater lot areas, larger yards or other open spaces than are imposed or required by such existing provisions of law or ordinance or by such rules, regulations or permits or by such private restrictions, the provisions of this chapter shall control. (Ord. No. 44, § 44.03, 1-8-68) Sec. 20-5. Interpretation, purpose and con- flict. In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the public health, safety, morals and general welfare of the community. It is not intended by this chapter to interfere with, abrogate or annul any lawful ease- ments, covenants, or other agreements between parties; provided, however, that where this chap- ter imposes a greater restriction upon the use of buildings or premises or upon the heights of buildings, or requires larger open spaces than are imposed or required by other ordinances, rules, Supp. No. 6 1315 WINTER SPRINGS CODE regulations or by lawful easements, covenants or agreements, the provisions of this chapter shall control. (Ord. No. 44, § 44.88, 1-8-68) Sec. 20-6. Penalty. Any person violating or failing to comply with the terms and provisions specified herein upon conviction and at the discretion of the court may be fined, imprisoned or both as deemed appropri- ate by the court. Each day that a violation is permitted to exist shall constitute a separate offense. (Ord. No. 44, § 44.87, 1-8-68; Ord. No. 367, § 2, 5-11-87) Secs. 20-7-20-25. Reserved. ARTICLE II. ADMINISTRATION DIVISION 1. PROCEDURE; LAND USE DECISIONS Sec. 20-26. Intent and purpose. The intent and purpose of this division is to set forth the procedure for applying for variances, conditional uses, rezonings, waivers, and admin- istrative appeals as set forth in this chapter. (Ord. No. 2004-49, § 2, 12-13-04) Sec. 20-27. City commission; authority. Unless otherwise provided in this chapter, the city commission shall render all final decisions regarding rezonings, variances, conditional uses, waivers, and administrative appeals provided for in this chapter. The city commission may impose reasonable conditions on any approved rezoning, variance, conditional use, waiver or administra- tive appeal to the extent deemed necessary and relevant to ensure compliance with applicable criteria and other applicable provisions of the city code and comprehensive plan. All formal deci- sions shall be based on competent substantial evidence and the applicable criteria set forth in Supp. No. 6 1316 this chapter. The city commission may adopt, by resolution, quasi judicial rules and procedures to implement this division. (Ord. No. 44, § 44.152 1-8-68; Ord. No. 156, § 2, 9-12-77; Ord. No. 200449, § % 12-13-04) Sec. 20-28. Due process; special notice re- quirements. (a) All applicants shall be afforded minimal due process as required by law, including the right to receive notice, be heard, present evidence, cross-examine witnesses, and be represented by a duly authorized representative. (b) In addition to any notice requirements pro- N, .+ Y, a �iilAlll. LlV ulllls� U11UC'il lilll`f division shall be publicly noticed for at least five (5) calendar days prior to the date of the hearing. Said notice shall include the address of the sub- ject property, matter to be considpwP(i and the time, date and place of the hearing. The notice shall be posted in the following manner: (1) Posting the affected property. (2) Posting at city hall. (3) Notifying, by U.S. mail, all owners of real property adjacent to and within one hun- dred fifty (150) feet of the subject prop- erty. The notice requirements set forth in subsections (1), (2), and (3) above are hereby deemed to be courtesy notices. The failure to provide such cour- tesy notices shall not be a basis of appealing any decision made under this division. (Ord. No. 44, § 44.16, 1-8-68 Ord. No. 156, § 2, 9-12-77; Ord. No. 214, §§ 1, 2, 5-13-80; Ord. No. 231, § 1, 2-24-81; Ord. No. 200449, § 2, 12-13-04) Sec. 20-29. Applications. (a) The city manager or the city manager's designee is hereby authorized to prepare applica- tions in furtherance of this division. At a mini- mum, all applications for rezonings, variances, conditional uses, waivers, and administrative ap- ZONING peals shall be accompanied by the applicable application fee adopted by the city commission and shall contain the following information: (1) A general description of the relief sought under this division. (2) A brief explanation as to why the applica- tion satisfies the relevant criteria set forth in this division. (3) The names) of the owners) of the partic- ular real property. (4) If the applicant is other than all of the owners of the particular property, written consent signed by all owners of the par- ticular real property shall be attached. mission. Such recommendation shall include the reasons for the board's recommendation and show the board has considered the applicable rezoning criteria set forth in this section. (c) Upon receipt of the planning and zoning board's recommendation, the city commission shall make a final decision on the application. If the city commission determines that the planning anI zoning board has not made a recommenda- tion on an application within a reasonable period of time, the city commission may, at its discretion, consider an application without the planning and zoning board's recommendation. (d) All rezoning applications shall be reviewed for compliance with the following standards: (5) The legal description of the particular real property, accompanied by a certified (1) The proposed rezoning change is in com- survey or that portion of the map main- pliance with all procedural requirements tained by the Seminole County Property established by the City Code and law; Appraiser reflecting the boundaries of the (2) The proposed rezoning change is consis- particular real property. tent with the city's comprehensive plan (6) The current and future land use and the including, but not limited to, the Future zoning designations on the real property. Land Use Map and the proposed change (Ord. No. 2004-49, § 2, 12-13-04) would not have an adverse effect on the comprehensive plan; Sec. 20=30. Staff review, (3) The proposed rezoning change is consis- (a) The city staff shall be required to review all tent with any master plan applicable to applications for rezomngs, variances, conditional the property; uses, waivers, and administrative appeals, and (4) The proposed rezoning change is not con. make written recommendations to the applicable trary to the land use pattern established city board and the city commission. by the city's comprehensive plan; (b) Upon completion of the written recommen. (5) The proposed rezoning change would not dation, city staff shall forward the application, create a spot zone prohibited by law; along with the recommendation, to either the planning and zoning board or the board of adjust- (6) The proposed rezoning change would not ment, as required by this division, for a duly materially alter the population density noticed public hearing. pattern in a manner that would overtax (Ord. No. 200449, § 2, 12-13-04) the load on public facilities and services such as schools, utilities, streets, and other Sec. 20-31. Rezonings. municipal services and infrastructure; (a) Any real property owner may file a rezon- (7) The proposed rezoning would not result in ing application requesting a change in zoning existing zoning district boundaries that designation for their real property. are illogically drawn in relation to exist- ing conditions on the property and the (b) The planning and zoning board shall be surrounding area and the land use pat - required to review all rezoning applications and tern established by the city's comprehen- make a written recommendation to the city com- sive plan; Supp. No. 6 1317 § 20-31 WINTER SPRINGS CODE (8) Changed or changing conditions make the (4) Height limits more restrictive than other - proposed rezoning necessary; wise permitted in the district; (9) The proposed rezoning change will not seriously reduce light or air to adjacent areas; (10) Should the city be presented with compe- tent substantial evidence indicating that property values will be adversely affected by the proposed rezoning, the applicant must demonstrate that the proposed re- zoning change will not adversely affect property values in the surrounding area; (11) The proposed rezoning will not be a sub- stantial detriment to the future improve- ment or development of vacant adjacent property; (12) The proposed rezoning will not constitute a grant of special privilege to an individ- ual owner as contrasted with the public welfare; (13) The proposed rezoning change is not out of scale or incompatible with the needs of the neighborhood or the city; (14) The proposed rezoning does not violate any applicable land use regulations adopted by the city. (e) In approving a change in the zoning classi- fication on a lot or parcel of land, at the request of or with the concurrence of the owner of said lot or parcel, the city commission may approve a rezon- ing subject to restrictions provided such restric- tions do not confer any special privilege upon the owner or subject property that would otherwise be denied by the city's land development regula- tions in the same zoning district. Such restric- tions may include one or more of the following: (1) Use restrictions greater than those other- wise specified for that particular district; (2) Density restrictions greater than those otherwise specified for the particular dis- trict; (3) Setbacks greater than those otherwise specified for the particular district, includ- ing setbacks from lakes and major arte- rial roadways; Supp. Mn 9 1318 (5) Minimum lot areas or minimum widths greater than otherwise specified for the particular district; (6) Minimum floor area greater than other- wise specified for structures in the partic- ular district; (7) Open space requirements greater than otherwise required for property in the particular district; ing (8) Parking, loaddriveway or traffic re- quirements more restrictive than other- wise required for the particular district; (9) Fencing or screening requirements greater than otherwise required for the particular district; (ids) iL`uLllC:i.(Jii:i OYl %lily OLI1G-'Y' 1T1aL;e1'S rvl�icll the city commission is authorized to reg- ulate. Upon approval of such restrictive rezonings, the planning division shall enter a reference to the restrictions on the city's official zoning map, and a notice of zoning restrictions shall be recorded in the public records of Seminole County. Restric- tions shall run with the land, without regard to transfer of ownership or other interests, and may be removed only upon further amendment to the zoning classification of the subject property in accordance with the procedures prescribed herein. (Ord. No. 200449, § 2, 1243-04) Sec. 20-32. Variances. (a) Any real property owner may file a vari- ance application requesting variance from this chapter for their real property. (b) The board of adjustment shall be required to review all variance applications and make a written recommendation to the city commission. Such recommendation shall include the reasons for the board's recommendation and show the board has considered the applicable variance cri- teria set forth in this section. ZONING (c) Upon receipt of the board of adjustment's recommendation, the city commission shall make a final decision on the application. If the city commission determines that the board of adjust- ment has not made a recommendation on an application within a reasonable period of time, the city commission may, at its discretion, con- sider an application without the board of adjustment's recommendation. (d) All variance recommendations and final decisions shall be based on an affirmative finding as to each of the following criterion. (1) That special conditions and circumstances exist which are peculiar to the land, struc- ture or building involved and which are not applicable to other lands, buildings or structures in the same zoning district. (2) That literal interpretation of this chapter would deprive the applicant of rights com- monly enjoyed by other properties in the same zoning district under the terms of this chapter and would work unnecessary and undue hardship on the applicant. (3) That the special conditions and circum- stances referred to in subsection (d)(1) of this section do not result from the actions of the applicant. (4) That approval of the variance requested will not confer on the applicant any spe- cial privilege that is denied by this chap- ter to other lands, buildings, or structures in the same zoning district. (5) That the requested variance is the mini- mum variance from this chapter neces- sary to make possible the reasonable use of the land, building or structure. (6) That approval of the variance will be in harmony with the general intent and pur- pose of this chapter, and will not be inju- rious to the neighborhood or otherwise detrimental to the public welfare. (Ord. No. 200449, § 2, 12-13-04) Sec. 20-33. Conditional uses. (a) Any real property owner may file a condi- tional use application requesting a conditional use of their real property providing the condi- tional use is listed in the applicable zoning dis- trict category. § 20-3a (b) The board of adjustment shall be required to review all conditional use applications and make a written recommendation to the city com- mission. Such recommendation shall include the reasons for the board's recommendation and show the board has considered the applicable condi- tional use criteria set forth in this section. (c) Upon receipt of the board of adjustment's recommendation, the city commission shall make a final decision on the application. If the city commission determines that the board of adjust- ment has not made a recommendation on an application within a reasonable period of time, the city commission may, at its discretion, con- sider an application without the board of adjustment's recommendation. (d) All conditional use recommendations and final decisions shall be based on the following criteria to the extent applicable: (1) Whether the applicant has demonstrated the conditional use, including its pro- posed scale and intensity, traffic -generat- ing characteristics, and offsite impacts, is compatible and harmonious with adjacent land uses, and will not adversely impact land use activities in the immediate vicin- ity. (2) Whether the applicant has demonstrated the size and shape of the site, the pro- posed access and internal circulation, and the design enhancements to be adequate to accommodate the proposed scale and intensity of the conditional use requested. The site shall be of sufficient size to accommodate design amenities such as screening, buffers, landscaping, open space, off-street parking, and other similar site plan improvements needed to mitigate against potential adverse impacts of the proposed use. (3) Whether the proposed use will have an adverse impact on the local economy, in- cluding governmental fiscal impact, em- ployment, and property values. (4) Whether the proposed use will have an adverse impact on the natural environ- ment, including air, water, and noise pol- Supp. No. 6 1319 § 4V-33 WINTER SPRINGS CODE lution, vegetation and wildlife, open space, noxious and desirable vegetation, and flood hazards, the city commission may, at its discretion, con- sider an application without the board of adjustment's recommendation. (5) Whether the proposed use will have an (d) In addition to the standard set forth in adverse impact on historic, scenic, and paragraph (a) above, all waiver recommendations -cultural resources, includingviewsand and final decisions sha�z�alralso comply with the vistas, and loss or degradation of cultural following criteria: and historic resources. (6) Whether the proposed use will have an adverse impact on public services, includ- ing water, sewer, surface water manage- ment, police, fire, parks and recreation, streets, public transportation, marina and waterways, and bicycle and pedestrian facilities. I / VV lYC�11C1 �11C Nru�uaeu Use Wlll nave a:rl adverse impact on housing and social con- ditions, including variety of housing unit types and prices, and neighborhood qual- ity (Ord. No. 2004-49, § 2, 12-13-04) Sec. 20-34. Waivers. (a) Any real property owner may file a waiver application requesting a waiver for their real property from any term and condition of this chapter (except from the list of permitted, condi- tional and prohibited uses set forth in any zoning district category) if the property owner clearly demonstrates that the applicable term or condi- tion clearly creates an illogical, impossible, im- practical, or patently unreasonable result. (b) The board of adjustment shall be required to review all waiver applications and make a. written recommendation to the city commission. Such recommendation shall include the reasons for the board's recommendation and show the board has considered the applicable waiver crite- ria set forth in this section. (c) Upon receipt of the board of adjustment's recommendation, the city commission shall make a final decision on the application. If the city commission determines that the board of adjust- ment has not made a recommendation on an application within a reasonable period of time, Supp. No. 6 1320 (1) The proposed development plan is in sub - stantial compliance with this chapter and in compliance with the comprehensive plan. (2) The proposed development plan will nificantly enhance the real property. (3) The proposed development plan serves the public health, safety, and welfare. (4) The waiver will not diminish property values in or alter the essential character of the surrounding neighborhood. i1) Tllt, ,h'cLYVei' btiLt)tl l: t;Y1C; Y11YlYlYYlUY11 waiverthat will eliminate or reduce the illogical, impossible, impractical, or patently unrea- sonable result caused by the applicable term or condition under this chapter. (6) The proposed development plan is com- patible with the surrounding neighbor- hood. (Ord. No. 200449, § % 1243-04) Sec. 20-35. Administrative appeals. (a) Any final administrative decision regard- ingthe enforcement or interpretation of this chap- ter, where it is alleged there is an error by an administrative official, can be appealed as set forth in this section. (b) Appeals shall be taken within thirty (30) days after such administrative decision is made by filing a written notice of appeal with the city manager stating the name of the decision maker, date of the decision, applicable code provisions and the specific grounds for appeal. Upon receipt of the notice of appeal, the city manager shall schedule the appeal before the board of adjust- ment and transmit all documents, plans, papers or other materials constituting the record upon which the action appealed from was taken. ZONING (c) The board of adjustment shall be required to review all administrative appeals and make a recommendation to the city commission. (d) Upon receipt of the board of adjustment's recommendation, the city commission shall make a final decision on the administrative appeal. If the city commission determines that the board of adjustment has not made a recommendation on an administrative appeal within a reasonable period of time, the city commission may, at its discretion, consider an application without the board of adjustment's recommendation. (e) Review of administrative decisions shall be based on the following criteria: (1) Whether the applicant was properly af- forded procedural due process; (2) Whether the decision under review is sup- ported by competent, substantial evi- dence; and (3) Whether the decision under review com- plied with applicable law, including a proper interpretation of any provision un- der this chapter. (f) The city commission shall have the right to reverse or affirm, wholly or in part, or may modify the order, requirement, decision or determination as ought to be made, and to that end, shall have all the powers of the officers from whom the appeal is taken. (Ord. No. 200449, § 2, 1243-04) Sec. 20-36. Expiration of conditional use, variance and waiver approvals. (a) Any conditional use, variance or waiver approved by the city commission under this sion shall expire two (2) years after the effective date of such approval by the city commission, unless a building permit based upon and incorpo- rating the conditional use, variance, or waiver is issued by the city within said time period. Upon written request of the property owner, the city commission may extend the expiration date, with- out public hearing, an additional six months, provided the property owner demonstrates good cause for the extension. In addition, if the afore- mentioned building permit is timely issued, and the building permit subsequently expires and the § 20-52 subject development project is abandoned or dis- continued for a period of six months, the condi- tional use, variance or waiver shall be deemed expired and null and void. (b) The city commission hereby finds that there may be one or more unexpired conditional use, variance, or waiver permits previously granted by the City that may have never been acted upon or abandoned by the property owner. The city com- mission finds that these unexpired permits may now be detrimental to the public health, safety, anI welfare of the community due to changed circumstances in the surrounding neighborhood anI changes in law. Therefore, the provisions of this section shall apply retroactively to any unex- pired conditional use, variance, and waiver previ- ously granted by the city commission. It is the intent and purpose of this subsection to void any previously granted conditional use, variance, and waiver permit that does not comply with the provisions of this section and to require the prop- erty owner to reapply, under current circum- stances, for said permit should the property owner desire or need said permit. (Ord. No. 200449, § 2, 1243-04) Secs. 20-37-20-50. Reserved. DIVISION 2. PLANNING AND ZONING BOARD* Sec. 20-51. Created. There is hereby created a planning and zoning board for the city. (Ord. No. 44, § 44.04, 1-8-68) Sec. 20-52. Composition, appointment of members. The planning and zoning board shall consist of five (5) members having designated seats one (1) through five (5) with such numbers corresponding with the commission seat. Each member shall be a citizen and registered voter of the city and each *Cross reference —Boards, committees, commissions, § 2-41 et seq. Supp. No. 6 1321 WINTER SPRINGS CODE appointment by the respective commission mem- ber occupying the corresponding numbered seat shall be subject to commission ratification. (Ord. No. 44, § 44.05, 1-8-68; Ord. No. 156, § 2, 94247; Ord. No. 214, §§ 1, 2, 5-13-80) Sec. 20-53. Term; filling vacancies; removal of members. Each member appointed shall serve as pro- vided in Chapter 2 of the City Code. Vacancies on the board may be filled by the commission mem- ber whose seat number corresponds with the vacant planning and zoning board seat subject to commission ratification. If any commissioner fails to appoint a member within two (2) regularly scheduled commission meetings after a vacancy occurs or a term expires, that seat will be filled by the mayor, subject to the ratification by city commission. Members shall be subject to removal from office as provided in Chapter 2 of the City Code. (Ord. No. 44, § 44*06, 1-8-68; Ord. Ao. 166, § 2, 942-77; Ord. No. 214, §§ 1, 2, 543-80; Ord. No. 259, § 1, 1-26-82; Ord, No. 2002-28, § 5) 9-23-02) Sec. 20-54. Reserved. Editor's note -Ord. No. 2002-28, § 2, adopted Sept. 23, 2002, repealed former section 20-54 in its entirety which pertained to the appointment of the chairman and vice- chairman of the planning and zoning board and derived from Ord. No. 44, § 44.07, 1-8-68; Ord. No. 156, § 2, 9-1247; Ord. No. 214, §§ 1, 2, 5-13-80. Sec. 20-55. Compensation; allowances for ex- penses incurred in performance of duties. Members of the planning and zoning board of the city shall be reimbursed from the city trea- sury to cover the expenditures naturally and necessarily incurred by them and that such reim- bursement for expenses shall be established by resolution. (Ord. No. 44, § 44.08, 1-8-68; Ord. No. 219, § 1, 7-8-80) Sec. 20-56. Meetings; quorum; records to be kept. The planning and zoning board shall meet at least once each calendar month at a time set by its Supp. No. 6 1322 members. A special meeting may be called at any time by the chairman or any three (3) of its members if the need should arise. Three (3) members shall constitute a quorum. No action by the planning and zoning board, except a vote to adjourn or to continue a matter to a subsequent date, shall be valid or binding unless adopted by affirmative vote of three (3) or more members of the board. Complete records of all proceedings shall be kept. (Ord. No. 44, § 44.0% 1-8-68; Ord. No. 173, § 2, 9-8-78; Ord. No. 259, § 2, 1-26-82) Sec. 20-57. Duties; general. The planning and zoning board shall serve as the planning and zoning commission. It shall be the duty of the planning and zoning board to recommend to the city commission the boundaries of the various original zoning districts and appro- priate regulations to be enforced therein and any p'cposce' asici-idingrit:; Ll1u,.uLU awl Siiall coltecc data and keep itself informed as to the best practices generally in effect in the matter of city planning and zoning to the end that it may be qualified to act on measures affecting the present and future movement of traffic, the segregation of residential and business districts and the conve- nience and safety of persons and property in any way dependent on city planning and zoning. The board shall recommend the boundaries of dis- tricts and appropriate regulations. In addition thereto, the planning and zoning board shall serve as the local land planning agency pursuant to the county comprehensive planning act and the local government comprehensive planning act of the state and the board shall commence such duties on the adoption of the comprehensive plan by the city commission. (Ord. No. 44, § 44.10, 1-8-68; Ord. No. 156, § 2, 9-12-77) Sec. 20-58. Assistants. Expenditures for all professional and clerical assistants employed in connection with the per- formance of the functions of the planning and zoning board shall be within the amounts appro- priated for such purposes. (Ord. No. 44, § 44.12, 1-8-68) ZONING Sec. 20-59. Reserved. Editor's note -Ord. No. 2003-17, § 2, adopted June 9, 2003, repealed former section 20-59 in its entirety which pertained to recommendations of the planning and zoning board and derived from Ord. No. 44, § 44.13,adopted Jan. 8, 1968. Secs. 20-60-20-75. Reserved. DIVISION 3. BOARD OF ADJUSTMENT* Sec. 20-76. Creation. There is hereby created a board of adjustment for the city. (Ord. No. 44, § 44.17, 1-8-68) Sec. 20-77. Composition, appointment of members. The board of adjustment shall consist of five (5) members having designated seats one (1) through five (5) with such numbers corresponding with a commission seat. Each member shall be a citizen and registered voter of the city and each appoint- ment by the respective commission member occu- pying the corresponding numbered seat shall be subject to commission ratification. (Ord. No. 44, § 44.18, 1-8-68; Ord. No. 105, § 1, 7-1-74; Ord. No. 214, §§ 1, % 5-13-80) Sec. 20-78. Term; filling vacancies; removal of members. Each member appointed shall serve for a term as provided in Chapter 2 of the Code of Ordi- nances. Vacancies on the board may be filled by the commission member whose seat number cor- responds with the vacant board of adjustment seat, subject to commission ratification. If any commissioner fails to appoint a member within *Editor's note -Ord. No. 577, § I, adopted Feb. 3, 1995, amended Div. III, §§ 20-76-20-84, of Art. II to provide that the decisions of the board of adjustment shall be recommen- dations to the city commission and that the city commission shall be the final authority for granting or denying requests for variances, special exceptions or other requests pursuant to section 20-82. As Ord, No. 577 did not specify amendatory language, the editor has amended the language of the provi- sions of Div. 3 to conform to the requirements of Ord. No. 577. Cross reference -Boards, committees, commissions, § 241 et seq. two (2) regularly scheduled commission meetings after a vacancy occurs or a term expires, that seat wilI be filled by the mayor, subject to the ratifica- tion by city commission. Members shall be subject to removal from office as provided in Chapter 2 of the City Code. (Ord. No. 44, § 44.19, 1-8-68; Ord. No. 105, § 1, 7-1-74; Ord. No. 214, §§ 1, 2, 5-13-80; Ord. No. 260, § 1, 1-26-82; Ord. No. 2002-28, § 5, 9-23-02) Sec. 20-79. Reserved. Editor's note -Ord. No. 2002-28, § 5, adopted Sept. 23, 2002, repealed former 20-79 in its entirety which pertained to the chairman and vice-chairman of the board of adjustment and derived from Ord. No. 44, § 44.19.11 1-8-68; Ord. No. 214, § 2, 543-80. Sec. 20-80. Compensation; allowances for ex- penses incurred in performance of duties. Members of the board of adjustment of the city shall be reimbursed from the city treasury to cover the expenditures naturally and necessarily incurred by them and that such reimbursement for expenses shall be established by resolution. (Ord. No. 44, § 44.19.2, 1-8-68; Ord. No. 219, § 2, 7-8-80) Sec. 20-81. Meetings; quorums; records to be kept. The board of adjustment shall meet bimonthly at a time set by its members. A special meeting may be called at any time by the chairman or any three (3) of its members if the need should arise. Three (3) members shall constitute a quorum. No action by the board of adjustment, except a vote to adjourn or to continue a matter to a subsequent date, shall be valid or binding unless adopted by affirmative vote of three (3) or more members of the board. Complete records of all proceedings shall be kept. (Ord. No. 44, § 44.20, 1-8-68; Ord. No. 173, § 1, 9-8-78; Ord. No. 260, § 2, 1-26-82) Sec. 20-82. Duties and powers; general. (a) The board of adjustment shall have the following specific powers and duties: (1) To hear and make recommendations on appeals only where it is alleged there is Supp. No. 6 1323 § 20-82 WINTER SPRINGS CODE error in any order, requirement, decision or determination made by an administra- tive official in the enforcement of any zoning ordinance or regulations adopted, as provided in this chapter. (2) To review and make recommendations to the city commission on any application for variance, as provided in this chapter. (3) To review and make recommendations to the city commission on any application for conditional use, as provided in this chap- ter. (4) To review and make recommendations to the city commission on any application for waiver, as provided in this chapter. (5) To hear and make recommendations on such other matters and issues and give such guidance as may be required by law or requested of it by the city commission. (b) The board of adjustment may recommend such rules of procedure as are necessary and not in conflict with the provisions of the Code of Ordinances of the city, or those statutes of the state which are specifically applicable to munici- palities. (Ord. No. 44, § 44.21, 1-8-68; Ord. No. 156, § 2, 942-77; Ord. No. 180, § 1, 1142-78; Ord. No. 240, § 1, 5-26-81; Ord. No. 266, § 2, 8-31-82; Ord. No. 577, § I, 2-13-95; Ord. No. 200449, § 2, 1243-04) Sec. 20-83. Reserved. Editor's note -Ord. No. 2004-49, § 2, adopted Dec. 13, 2004, repealed former section 20-83 in its entirety which pertained to procedure relating to variances, special excep- tions and conditional uses and derived from Ord. No. 44, § 44.21.1, 1-8-68; Ord. No. 156, § 2, 9-12-77; Ord. No. 180, § 2, 114248; Ord. No. 240, § 2, 5-26-81; Ord. No. 577, § I, 243-95. Sec. 20-84. Reserved. Editor's note -The editor has treated the provisions of Ord. No. 577, § I, adopted Feb. 13, 1993, as repealing the provisions of former section 20-84, which pertained to appeals to the city commission of the decisions of the board of adjust- ment. Ord. No. 577, § I, provided for the board of adjustment to make recommendations and for the transfer of decision - making authority to the city commission. Former section 20-84 derived from Ord. No. 44, § 44.22, 1-8-68; Ord. No. 156, § 2, 9-12-77; Ord. No. 180, § 3, 114248. Supp. No. 0 1324 Secs. 20-85-20400. Reserved, ARTICLE III. ESTABLISHIVIENT OF DISTRICTS DIVISION 1. GENERALLY Sec. 20-101. Division of city. In order to classify, regulate and restrict the uses of land, water, buildings and structures, and to regulate and to restrict the height and bulk of buildings and to regulate the area of yards and other open spaces about buildings, the corporate areas of the city is divided into districts as pro- vided in this Article III. ((lyd PTO AA A AA 2v 1 0 00 �i_,a INri o n nn. --� * ++, J , i v vv; vL"* VU. U.L U-U`1U, Ord. No. 68, 11-2941; Ord. No. 414, § I, 3-28-88; Ord. No. 2004-04, § 2, 1-26-04) Sec. 20-102. Official zoning' main, vrorlrxaa maps and procedures. (a) Official zoning map adoption. The city is hereby divided into zones, or districts, as shown on the official zoning map, which, together with all explanatory material thereon, is hereby adopted by reference and declared to be a part of this chapter. A copy of the official zoning map shall be available for public inspection in the city hall and shall be the final authority as to current zoning status of lands, buildings and other structures in the city. (b) Official zoning map description. The offi- cial zoning map shall consist of an electronic color -coded map of the entire city. Each individual or on the official zoning map shall represent a separate and distinct zoning classification. (c) Official zoning map update and annual approval. The community development depart- ment -planning division shall oversee the mainte- nance of the official zoning map. It shall be the division's duty and responsibility to keep the zoning map upAo-date. Maps shall be updated within ten (10) days following the adoption by the city commission of an ordinance rezoning real property. In addition, the update shall include adding to the map's database, a reference to the ordinance adopting the rezoning. A copy of the official zoning map shall be presented annually to the planning and zoning board for review. During the review, the board shall review the map for accuracy and situations where an administrative rezoning may be appropriate. Upon completion of the review, the planning and zoning board shall issue a report to the city commission pointing out any inaccuracies in the map and any properties which may be considered for an administrative rezoning. The city commission shall review the planning and zoning board's report and make such decisions that are necessary to update the city's official zoning map. Any unauthorized change to the city's official zoning map of whatever kind by any person or persons shall be considered a violation of this chapter and punishable under section 1-15 of the City Code. (Ord. No. 44, § 44.26, 1-8-68; Ord. No. 145, § 2, 10-1146; Ord. No. 2004-04, § 27 1-26-04; Ord, No. 2004491 § 2, 12-13-04) Sec. 20-103. Restrictions upon lands, build- ings and structures. (a) Use. No building or structure shall be erected and no existing building shall be moved, altered, added to or enlarged, nor shall any land, building, structure or premises be used, designed or in- tended to be used for any purpose or in any manner other than a use designated in the sec- tions of this chapter, or amendments thereto, as permitted in the district in which such land, building, structure or premises is located. (b) Height. No structure or building shall be erected, nor shall any existing building be moved, reconditioned or structurally altered so as to exceed in height the limit established in the sections of this chapter, or amendments thereto, for the district in which such building or structure is located. (c) Percentage of occupancy (lot). No building or structure shall be erected, nor shall any exist- ing building or structure be moved, altered, en- larged or rebuilt, nor shall any open space sur- rounding any building or structure be encroached upon or reduced in any manner except in confor- mity with the building site requirements and the areas and parking space and yard regulations established in the sections of this chapter, or amendments thereto, for the district in which such building or structure is located. (d) Density of population. No building, struc- ture or premises shall be erected or occupied or used so as to provide a greater density of popula- tion than is allowed under the terms of the sections of this chapter for the district in which such building, structure or premises is located. (e) Open space use limitations. No yard or other open space provided about any building or structure for the purpose of complying with the regulations of this chapter, or amendments thereto, shall be considered as providing a yard or open space for any other building or structure. (f) Required lot and occupancy. Every building or structure hereafter erected shall be located on a lot or tract of land as defined herein; and in no case shall there be more than one (1) building on one (1) lot except as hereinafter provided. (g) Minimum lot depth. The minimum lot depth shall not be less than one hundred ten (110) feet for any single-family residential lot, and no single- family dwelling shall be constructed on any lot having a depth of less than one hundred ten (110) feet in any zoning district. In calculating the minimum depth of a lot, the footage of any rear yard easement, as described in section 9459 herein, which encroaches on the lot, shall be excluded from the calculations of depth. For pur- poses of this subsection, a single-family dwelling shall not include trailer homes or mobile homes. (Ord. No. 44, § 44.27, 1-8-68; Ord. No. 483, § 1, 5-14-90) Sec. 20-104. Changes and amendments. The city commission may from time to time amend, supplement, change or repeal the regula- tions, restrictions or district boundaries and des- ignations as set out in this ordinance after a public hearing(s) as provided in F.S. §§ 163.3161, 166.041 and any amendments thereto, and as provided by the intents herein contained and in accordance with the intents and purposes of the Florida Statutes. (Ord. No. 44, § 44.86, 1-8-68; Ord. No. 367, § 2, 5-11-87) Supp. No. 6 1325 § 20-1Uo Secs, 20405-20420. Reserved, WINTER SPRINGS CODE DIVISION 2. R-lAAA SINGLE-FAMILY DWELLING DISTRICTS Sec. 20-121. Designation. This classification is intended to apply to areas designated R-lAAA within the city and shall be governed by the regulations and requirements set forth in this division. (Ord. No. 44, § 44.27.1, 1-8-68; Ord. No. 68, § II, 11-29-71) Sec. 20-122. Uses permitted. Within any R-1AAA Single -Family Dwelling iiu uunuing, sl.rucLure, land or water shall be used except for the following use: (1) Single-family dwellings and their custom- ary accessory uses. (trd. l�lo. 44, §-8-68; Ord. 1V0. 68, § 11I, 11-29-71) Sec. 20-123. Conditional uses. There shall be no conditional uses within the R-lAAA Single -Family Dwelling Districts, except the following: (1) Churches; (2) Schools; (3) Public recreational areas and facilities. 11-29-71; Ord. No. 240, § 3, 5-26-81; Ord, No. 200449, § 21 1243-04) Sec. 20424. Building height regulations. In R-1AAA Single -Family Dwelling Districts, no building or structure shall exceed thirty-five (35) feet in height. (Ord. No. 44, § 44.27.4, 1-8-68; Ord. No. 68, § V, 11-29-71) Sec. 20-125. Building area regulations. Each single-family dwelling shall be located on a lot or parcel of land not less than twenty Supp. No. 6 1326 thousand (20,000) square feet and such lot or parcel of land shall have a minimum width of one hundred (100) feet at the building line. (Ord. No. 44, § 44.27.5, 1-8-68; Ord. No. 68, § VI, 11-29-71) Sec. 20-126. Front, rear and side yard regu- lations. The following yard regulations shall apply in the R4AAA Single -Family Dwelling Districts: (1) Front yard. The front yard shall not be less than fifty (50) feet in depth. (2) Rear yard. The rear yard shall not be less than thirty-hve (3b) feet in depth. (3) Side yard. Side yards shall be provided on each side of each dwelling structure of not less.�.___..,, ti 2/, r _ w tl�eil L!h'bi3L (GlJ) foul (4) Corner lots. On corner lots, the front yard setback of fifty (50) feet must be main- tained on each side of the lot. (Ord. No. 44, § 44.27.6, 1-8-68, Ord. No. 68, § VII, 11-29-71) Sec. 20-127. Lot coverage. Forty (40) percent of the lot area is the maxi- mum which may be covered by the principal and accessory buildings or structures located within R-1AAA. (Ord. No. 44, § 44.27.7, 1-8-68; Ord. No. 68, § VIII, 11-29-71) Sec. 20-128. Off-street parking regulations. All parking within R-lAAASfngle-Family Dwell,,, District shall be off-street parking. (Ord. No. 44, § 44.27.8, 1-8-68; Ord. No. 68, § IX, 11-29-71) Secs. 20-129-20-140. Reserved. ZONING DIVISION 3. R-CI SINGLE-FAMILY DWELLING DISTRICT Sec. 20-141. Designation. This classification is intended to apply to areas designated R-CI within the city and shall be governed by the regulations and requirements set forth in this division. (Ord. No. 44, § 44.27.9, 1-8-68; Ord. No. 107, § 2, 7-29-74) Sec. 20-142. Uses permitted. Within any R-CI Single -Family Dwelling tricts, no building, structure, land or water shall be used except for the following use: (1) Single-family dwellings and their custom- ary accessory uses. (2) Horses and ponies, allowing three -fourths of an acre per animal not to exceed ten (10) animals per lot; provided however, horses and ponies can be permitted on less than three -fourths of an acre upon recommendation by the board of adjust- ment. (Ord. No. 44, § 44.27.10, 1-8-68; Ord. No. 107, § 3, 7-29-74) Sec. 20-143. Conditional uses. There shall be no conditional uses within the R-CI Single -Family Dwelling Districts, except the following: (1) Churches; (2) Schools; (3) Public recreational areas and facilities. 7-29-74; Ord. No. 240, § 4, 5-26-81; Ord. No. 200449, § 2, 12-13-04) Sec. 20444. Building height regulations. In R-CI Single -Family Dwelling Districts, no building or structure shall exceed thirty-five (35) feet in height. (Ord. No. 44, § 44.27.12, 1-8-68; Ord. No. 107, § 5, 7-29-74) Sec. 20-145. Building area regulations. Each single-family dwelling shall be located on a lot or parcel of land not less than one (1) acre in size and such lot or parcel of land shall have a minimum width of one hundred twenty (120) feet at the building line. (Ord. No. 44, § 44.27.13, 1-8-68; Ord. No. 107, § 6, 7-29-74) Sec. 20-146. Front, rear and side yard regu- lations. The following yard regulations shall apply in the R-CI Single -Family Dwelling Districts: (1) Front yard. The front yard shall not be less than fifty (50) feet in depth. (2) Rear yard. The rear yard shall not be less than thirty-five (35) feet in depth. (3) Side yard. The side yards shall not be less than twenty (20) feet on each side of the dwelling structure. (4) Corner lots. On corner lots, the front yard setback of fifty (50) feet must be main- tained on each side of the lot. (5) Minimum floor area shall be one thou- sand six hundred (1,600) square feet cluding utility room but excluding car- ports, garages, breezeways, screened or h open porces). (Ord. No. 44, § 44.27.14, 1-8-68; Ord. No. 107, § 7, ?-29-74) Sec. 20447. Lot coverage. Twenty (20) percent of the lot area is the maximum which maybe covered by the principal anI accessory buildings or structures located within R-CI. (Ord. No. 44, § 44.27.15, 1-8-68; Ord. No. 107, § 8, 7-29-74) Sec. 20448. Off-street parking regulations. All parking within R-CI Single -Family Dwell- ing Districts shall be off-street parking. (Ord. No. 44, § 449274162 1-8-68; Ord. No. 107, § 9, 7-29-74) Secs. 20449-20460. Reserved, Supp. No. 6 1327 § ZV-161 WINTER SPRINGS CODE DIVISION 4. R-lAA AND R,-.LA ONE -FAMILY DWELLING DISTRICTS Sec. 20-161. Designation. The lands included within R-lAA and R-lA One -Family Dwelling Districts are developed pre- dominantly as single-family dwellings on lots of generous areas. The zone districts are designed to preserve and protect the characteristics of single- family use. (Ord. No. 44, § 44.28, 1-8-68) Sec. 20-162. Uses permitted. Within any R-lAA and R-1A Single -Family Dwelling District, no building, structure, land or water shall be used except for the following use: (1) Single-family dwellings and their custom- ary accessory uses. (Ord. No. 44, § 44.29, 1-8-68) Sec. 20-163. Conditional uses. (a) There shall be no conditional use within R-lAA and R-1A One -Family Dwelling Districts except the following: (1) Churches with their attendant educa- tional buildings and recreational facili- ties. (2) Public utility and service structures. (3) Schools. (4) Public recreation areas and facilities. (5) Stadiums, independently or in conjunc- tion with existing school facilities, pro- vided the seating capacity shall not ex- ceed the student enrollment of the school to be served plus ten (10) percent, and provided there shall be no lights or night use. (b) Any review of an application or plan shall consider the character of the neighborhood in which the proposed use is to be located and its effects on the value of surrounding lands, and further, the area of the site as it relates particu- larly to the required open spaces and off-street parking facilities. Supp. Mn 9 1328 (c) Any conditional use that may be granted is limited to the use and intensity shown in the application and plans submitted, and application must receive approval in the same manner as the original application. (d) Applicants for a conditional use for the location of a church in any residential zoning district shall furnish the board of adjustment with the following information and shall provide the minimum setbacks, off-street parking and sidewalks as set forth herein, as follows: (1) Setbacks, minimum. a. Front yard minimum of twenty-five (25) feet in 114A Single -Family Dwell- ing Districts and thirty-five (35) feet1A in R-MA-Family Dwellinpr Dis- tricts, from property line; arterial streets to be treated individually. b. Back yard minimum of twenty-five (25) feeta (2) Off-street parking. a. Provide one (1) parking space for each eight (8) seats in chapel and nave, plus one (1) parking space for each church official resident on the premises, plus additional parking spaces equal in number to fifty (50) percent of the number of permanent employees. b. Space for one (1) car equals ten (10) feet by twenty (20) feet or two hun- dred (200) square feet plus ingress and egress to a public roadway. c. Parking area may not occupy any of thfrt d b e onyarsetack. d. If sufficient parking area is not avail- able on church lot, parking may be provided within three hundred (300) feet either through ownership or lease but must be zoned or approved for such use. (3) Sidewalks. a. Sidewalks shall be installed by the church on all streets abutting the church building and such sidewalks ZONING shall also be installed bordering park- ing areas serving new or additional church facilities. (e) All applications shall contain complete de- scriptions of any easements or restrictions affect- ing the title to the proposed church site which may be inconsistent with the proposed use. (Ord. No. 44, § 44.30, 1-8-68; Ord. No. 240, § 5, 5-26-81; Ord. No. 200449, § 2, 1243-04) Sec. 20-164. Building height regulations. In R-lAA and R-lA One -Family Dwelling tricts, no building or structure shall exceed thirty- five (35) feet in height, unless otherwise provided herein, except that boathouses on the lake front- ages shall not exceed twelve (12) feet in height above the high waterline; roof decks may be used as sun decks. (Ord. No. 44, § 44.31, 1-8-68; Ord. No. 570, § I, 10-24-94) Sec. 20-165. Building area regulations. Each single-family dwelling shall be located on a lot or parcel of an having an area of not less than ten thousand (10,000) square feet in an 14AA Single -Family Dwelling District and eight thousand (8,000) square feet in an R-1A Single - Family Dwelling District and such lots or parcels of land shall have a minimum width of ninety (90) feet and seventy-five (75) feet, respectively, at the building line. (Ord. No. 44, § 44.32, 1-8-68; Ord. No. 414, § Il, 3-28-88) Sec. 20-Ian . Front, rear and side yard regu- lations. The following yard regulations shall apply in the R-1AA and R-lA One -Family Dwelling tricts: (1) Front yard. Front yards shall not be less than thirty-five (35) feet in depth in the R4AA Single -Family Dwelling Districts and twenty-five (25) feet in depth in the R-IA Single -Family Dwelling Districts. (2) Rear yard. Rear yards shall not be less than thirty-five (35) feet in depth in the § 20-1bu R-lAA Single -Family Dwelling Districts and twenty-five (25) feet in depth in R-1A Single -Family Dwelling Districts. (3) Side yards. Side yards shall be provided on each side of every dwelling structure of not less than seven and one-half (71/2) feet in R-IA Single -Family Dwelling Districts, and ten (10) feet in R-1AA, including utility easements. (4) Corner lots. On corner lots, the front line setback of twenty-five (25) feet or more must be maintained, but a fifteen -foot sideline setback will be permitted on the street sideline, provided the corner lot faces the same way as all other lots in the block. If the building faces the long dimen- sion of the lot, or where corner lots face a different thoroughfare than other lots in the block, the twenty -five-foot or greater setback must be maintained from both thoroughfares. (5) Setbacks. The existing platted R-lAA lots have a side setback of Len'(10) feet rather than twenty (20) feet. (Ord. No. 44, § 44.33, 1-8-68; Ord. No. 414, § III, 3-28-88) Sec. 20-167. Lot coverage. Forty (40) percent of the lot area is the maxi- mum which may be covered by the principal and accessory buildings or structures located thereon in R-1AA and R4A One -Family Dwelling Dis- tricts. (Ord. No. 44, § 44.34, 1-8-68) Sec. 20468. Use, area and yard exceptions. Section 9-276 et seq. as to use, area and yard exceptions in R-1AA and R-lA One -Family Dwell- ing Districts shall apply. (Ord. No. 44, § 44.35, 1-8-68) Sec. 20-169. Off-street parking regulations. Section 9-276 et seq. as to off-street parking regulations in R-lAA and R-1AQne-Family Dwell- ing Districts shall apply. (Ord. No. 44, § 44.36, 1-8-68) Supp. No. 6 1029 § 20-170 WINTER SPRINGS CODE Secs. 20470-20480. Reserved, Sec. 20486. Front, rear and side yard regu- lations. DIVISION 5. R-1 ONE -FAMILY DWELLING In R-1 One -Family Dwelling Districts: DISTRICTS (1) Front yard. There shall be a front yard of Sec. 20481. In general. not less than twenty-five (25) feet. Although the lands included in R-1 Family Dwelling Dwelling Districts are subdivided gener- ally into lots of small dimensions and area, they have developed predominantly as single-family, medium density areas. (Ord. No. 44, § 44.37, 1-8-68) Sec. 20-182. Uses permitted. Within any R-1 One -Family Dwelling District, no building or structure, land or water shall be used except for one (1) or more of the following uses: Single -Family Dwelling Districts. (2) Home occupations. (Ord. No. 44, § 44.38, 1-8-68) Sec. 20-183. Conditional uses. C Conditional in R-1 One -Family Dwelling Districts are the same as for R-1AA and R-lA Single -Family Dwelling Districts. (Ord. No. 44, § 44.39, 1-8-68; Ord. No. 240, § 6, 5-26-81; Ord. No. 200449, § 2, 1243-04) Sec. 20-184. Building height regulations. Building height regulations in R4 One -Family Dwelling Districts are the same as in the R-lAA and 11-1A Single -Family Dwelling Districts. (Ord. No. 44, § 44.40, 1-8-68) Sec. 20485. Building site area regulations. In R-1 One -Family Dwelling Districts, each family (single) dwelling shall be located on a lot or parcel of land having an area of not less than six thousand six hundred (6,600) square feet and a width of not less than sixty (60) feet. (Ord. No. 44, § 44.41, 1-8-68) Supp. No. 9 1330 (2) Rear yard. A rear yard shall not be less than twenty-five (25) feet in depth. (3) Side yard. Side yards shall be provided on each side of every dwelling of not less than six (6) feet. (4) Corner lots. Same as for R-1AA and R-lA Single -Family Dwelling Districts. (Ord. No. 44, § 44A2, 1-8-68) Sec. 20-187. Lot coverage. In R-1 One -Family Dwelling Districts, forty (40) percent of the lot area is the maximum which may be covered by the principal and accessory buildings or structures located thereon. (Ord. No. 44, § 44.43, 1-8-68) Sec. 20-188. Use, area and yard exceptions. Section Section 9-276 et seq. as to use area and yard , exceptions in R-1 One -Family Dwelling Districts shall apply. (Ord. No. 44, § 44.44, 1-8-68) Sec. 20-189. Off-street parking regulations. Section 9-276 et seq. as to off-street parking regulations in R-1 One -Family Dwelling Districts shall apply. (Ord. No. 44, § 44.45, 1-8-68) Secs. 20-190-20-205. Reserved. DIVISION 6. R-3 MULTIPLE -FAMILY DWELLING DISTRICTS Sec. 20-206. Designation. The lands included wn the R-3 Multiple - Family Dwelling Districts shall be developed pre- ZONING dominantly as apartments, townhouses, patio homes or other multiple -family dwelling struc- tures. (Ord. No. 44, § 44.45.1, 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-1A, or R-1. (2) Apartments, townhouses, patio homes or other multiple -family dwelling structures. (3) Boarding and/or lodging homes. (4) Guest and tourist homes. (5) Professional offices, consisting of the fol- lowing: Architects, engineers, attorneys, accountants, medical doctors, dentists, and tax consultants. (Ord. No. 44, § 44.4502) 1-8-68; Ord. No. 68, § XI, 11-29-71) Sec. 20-208. Conditional uses. Conditional uses within R-3 Multiple -Family Dwelling Districts are the same as for R-lAAA, R-lAA, R4A and R4 Single -Family Dwelling Districts. (Ord. No. 44, § 44.45.3, 1-8-68; Ord. No. 68, § XII, 11-2941; Ord. No. 240, § 7, 5-26-81; Ord. No. 200449, § 2, 1243-04) Sec. 20-209. Building height regulations. In R-3 Multiple -Family Dwelling Districts, build- ingheights shall not be higher than forty-five (45) feet. (Ord. No. 44, § 44.45.4,1-8-68; 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. (Ord. No. 44, § 44.45.5, 1-8-68; Ord. No. 68, § XIV, 11-29-71) Sec. 20mall. 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, § 44.45.6, 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, § 44.45.7, 1-8-68; Ord. No. 68, § XVI, 11-29-71) Sec. 20-213. Off-street parking regulations. All parking within the R-3 Multiple -Family Dwelling District shall be provided in an off- street parking lot, which shall accommodate at least two (2) parking spaces for each unit located within the multiple -family dwelling structure. (Ord. No. 44, § 44.45.8, 1-8-68; Ord. No. 68, § XVII, 11-2941) Secs. 20-214-20-230. Reserved. DIVISION 7. C-1 NEIGHBORHOOD COMMERCIAL DISTRICTS Sec. 20-231. In general. sists of lands abutting principal The C-1 Neighborhood Commercial District constreets, the frontages of which are especially adaptable to selected light retail sales and services and office - oriented professional services which serve the community and which are not detrimental to adjacent residential districts. Adjoining these lands Sapp. No, s 1331 § 2V-ZOI WINTER SPRINGS CODE are residential districts that would be adversely affected by a greater diversification of uses creat- ing serious problems of traffic movement and generation. The land uses under this district shall promote spaciousness of land uses, minimize traf- fic along adjacent thoroughfares and within resi- dential districts, promote aesthetic and architec- tural harmony, attractiveness, and compatibility with nearby residential districts and within the community, and abide by the performance and development standards of the city, county, state, and U.S. government. Areas of the city for which this zoning category are appropriate are desig- nated on the future land use map as "commer- cial." (Ord. No. 44, § 44.46, 1-8-68; Ord. No. 2002-07, § 4, 7-8-02; Ord. No. 2004-28, § 2, 7-12-04) Sec. 20-232. Uses permitted. (a) Within any C-1 Neighborhood Commercial District, no building, structure, land or water � 'l all bo u�c;u WWOJ i fog• otie (1) or 11,10re of the following uses: (1) Advertising agencies; (2) Alcoholic beverage sales (package); (3) Alcoholic beverage on -premises consump- tion; (4) Alterations and tailoring; (5) Animal hospitals and veterinary clinics (with no outside kennels); (6) Antique and gift shop; (7) Appliances, sales and service; (8) Art supplies and picture framing shops; (9) Artists' (such as painters, sculptors, and craftmakers) studios,$ (10) Attorneys; (11) Automotive accessories sales; (12) Bakery, retail, (13) Bathroom accessories; (14) Bicycles, sales and service (including rent- als); (15) Bookstores, stationery and office supplies, newsstands; Supp. No. 6 1332 (16) Bookkeepers; (17) Butcher shop, retail only; (18) Cleaners, (19) Coin dealers; (20) Computers, hardware, software, and other electronics sales and service; (21) Confectionery and ice cream stores (in- cluding outside dining); (22) Copy shops; (23) Cultural institutions (such as museums, etc.); (24) Dance and music studios; (25) Day nurseries, kindergartens and day care; (gin) ijrug and sundry stores; (27) Employment agencies; (28) Financial institutions, banks, savings and loan: (29) Floor coverings, (30) Florist and gift shops (including outdoor display and sales); (31) Formal wear rentals; (32) Furniture, retail, new and used, (33) Grocers, retail; those whose business in- clude and are limited to the retail sale of groceries including produce, meats and household goods but shall not include the sale of gasoline; (34) Gun shop; (35) Hair and beauty salons (including nail salons); (36) Hardware stores; (37) Health and exercise clubs and athletic training facilities; (38) Health food; (39) Hobby and craft shops; fabric stores; (40) Hospitals, and nursing homes; (41) Hypnotists; (42) Ice, retail (43) Insurance; ZONING (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; (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. 2004-49, § 2, 12-13-04) 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. Sec. 20-234. Conditional uses. (1) Amusement and recreational parks and centers (including golf driving ranges, miniature golf courses, billiard halls, children's play centers, bowling alleys and similar uses); (2) 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 a maxi- mum allowable density no greater than that al- lowed under a medium density residential future land use designation and with at least two (2) parking spaces for each unit provided within an enclosed garage. (Ord. No. 44, § 44.48, 1-8-68; Ord. No. 240, § 8, 5-26-81; Ord. No. 2004-28, § 2, 742-04) Sec. 20-235. Building height regulations. In C-1 Neighborhood Commercial Districts, the building height shall not exceed fifty (50) feet. (Ord. No. 44, § 44.49, 1-8-68) Supp. Mn 9 1033 WINTER SPRINGS CODE 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. (1) Minimum front setback: Twenty-five (25) ft. (2) Minimum rear and side setback: Fifteen (15) ft. (3) The total impervious surface area shall not exceed seventy-five (75) percent of the total site. (Ord. No. 44, § 44.51, 1-8-68; Ord. No. 2004-28, § 2, 7-12-04) Section 9-276 et seq. as to off-street parking regulations in C-1 Neighborhood Commercial Dis- tricts shall apply. S' 44.52, 1-3-630) �� 'u. Nu. ° a " Sec. 20-239. Reserved. Editor's note —Ord. No. 2000-07, § 2, adopted May 8, 2000, repealed former § 20-239 in its entirety which pertained to the requirement of a wall between commercial and residen- tial developments and derived from Ord. No. 710, § II, adopted Jan. 11, 1999. Secs. 20-240-20-250. Reserved. DIVISION 8. C-2 GENERAL COMMERCIAL DISTRICT Sec. 20-251. In general. The lands of the C-2 General Commercial trict are to be used by a variety of commercial operations which serve the commercial needs of the community. The purpose of this district is to permit the normal operation of the majority of general commercial uses under such conditions of operation as will protect abutting residential and other noncommercial uses, minimize the interrup- tion of traffic along adjacent thoroughfares, pro- mote aesthetic and architectural harmony, attrac- tiveness, and compatibility within the community, and abide by the performance and development standards of the city, county, state and U.S. gov- Supp. No. 6 1034 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, § 3, 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: (1) Any permitted use allowedNeigh- borhood Commercial Districts; (2) Automotive sales; (3) Automotive renting and leasing; (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; (12) Feed stores; (13) Offices, professional and business; (14) Gas, bottled; (15) Grocers, wholesale, (16) Ice, wholesale; (17) Industrial trade, professional and voca- tional schools, not involving operations of an industrial nature; (18) Full -service gas stations, as an accessory use to a convenience store and satisfying any distance requirement established by City Code; (19) Veterinarian and accessory kennels; (20) Laboratories for testing materials and chemical analysis of a nonindustrial na- ture; ZONING § 20-258 (21) Lumber and building supplies in an en- (2) Automotive/boatJmanufactured home ma - closed building or structure; jor service and major repair establishments (in- (22) Mobile home sales; cluding body repairs and painting and similar heavy type uses); (23) Movers; (3) Car wash; (24) Nurseries, plants, trees; wholesale; (25) Home and general commercial Pest con- trol (exterminating) of a nonindustrial nature; (26) Printers, commercial; (27) Public and government services; (28) Recreational vehicles; (29) Swimming pool contractors, equipment storage; (30) Taxicabs; (31) Wholesale meat and produce distributors. (32) Automotive/boat/manufactured home mi- nor service and minor repair establish- ments (including filling stations, repair garages and similar non -intense uses), provided that all activity shall be con- ducted within a completely enclosed build- ing and there is no outdoor storage of any kind; (33) Radio and television studios and offices. 743-82; Ord. No. 619, § 1, 7-8-96; Ord. No. 2001-50, § 2, 10-22-01; Ord. No. 2002-07, § 3, 7-8-02; Ord. No. 2004-28, § 2, 742-04) Sec. 20-253. Building height regulations. No building or structure shall exceed fifty (50) feet in height. (Ord. No. 44, § 44.55, 1-8-68; Ord. No. 2004-28, § 2, 7-12-04) Sec. 20-254. Conditional uses. usement and recreation (1) Amal parks and centers (including golf driving ranges, miniature golf courses, billiard halls, childrens play centers, bowling alleys, and similar uses);' (4) Halfway houses, group homes, and similar uses; (5) Mortuary and funeral homes; (6) Multiple- family residential with a maxi- mum allowable density no greater than that al- lowed under a Medium Density Residential fu- ture land use designation and with at least two (2) parking spaces for each unit provided within an enclosed garage; (7) Small-scale cabinet makers, furniture as- sembly, and woodworking shops (not to exceed 2,500 sq. ft.); (8) Small-scale clothing manufacturing (not to exceed 2,500 sq. ft.); (Ord. No. 2002-07, § 3, 7-8-02; Ord. No. 2004-28, § 2, 742-04) Sec. 20-255. Bulk regulations. (1) Minimum front setback: Twenty-five (25) ft. (2) Minimum side and rear setback: Fifteen (15) ft. (3) The total impervious surface area shall not exceed seventy-five (75) percent of the total site. (Ord. No. 2004-28, § % 7-12-04) Secs. 20-256-20-257. Reserved. DIVISION 8.5. I-1 LIGHT INDUSTRIAL DISTRICT* Sec. 20-258. In general. The provisions of this district are intended to apply to lands and structures, by their use and *Editor's note —Ord. No. 2002-07, § 1, adopted July 8, 2002, added a new zoning district designated as Div. 12, §§ 20-320-20-262. In order to avoid conflicts in the number- ing of provisions, the editor has redesignated the provisions added by § 1 of Ord. No. 2002-07 as Div. 8.5, as herein set out. Supp. No. 6 1335 WINTER SPRINGS CODE location, which are especially adapted to the busi- ness of wholesale distribution, storage and light manufacturing and to authorized land uses and activities which could cause adverse secondary effects and influences on residential areas and nonindustrial uses. Such lands are located in close —proximity to principal thoroughfares and adequately separated (or buffered or both) from residential uses. The purpose of this district is to encourage and develop exceptionally clean, non - objectionable industrial uses and to allow a place for other uses and activities which could cause adverse secondary effects and influences on sur- rounding neighborhoods if located elsewhere. It is also the intent of this district to protect adjacent parcels from encroachment of smoke, fumes, vi- bration, noise or odors of any objectionable nature anal tn promote nPPfbn+ir Ana r�l i+vn+ rNl 7, r ..s�... ...... mony, and attractiveness within the community. All uses allowed hereunder shall abide by the performance and development standards of the city, county, state, and U.S. government. Areas of the city for which this zoning category may be appropriate are designated on the future land use map as "industrial." (Ord. No. 2002-07, § 2, 7-8-02; Ord. No. 2004-28, § 2, 7-12-04) Sec. 20-259. Uses permitted. Within the I-1 Light Industrial Zoning District, no building, structure, land or water shall be used except for one (1) or more of the following uses: (1) Any permitted use listed in Section 20- 345.1 of the "Commerce Center" District; (2) Any permitted use listed in Section 20- 346.1 ofthe "C-3 Highway 17-92 Commer- cial District" for properties with frontage along U.S. 17-92; (3) Adult entertainment and sexually ori- ented businesses; (4) Boat building and storage yards; (5) Cabinet makers, furniture assembly and woodworking shops; (6) Laundry and dry cleaning; (7) Machinery sales and storage; Supp. No. 6 1336 (8) Outside storage of contractor's equipment and supplies; public storage of tagged vehicles, boats, RUs and commercial vehi- cles; fleet and dispatch yards; bulk stor- age; and other kinds of storage yards of non-flammable/non-hazardous materials associated with manufacturing (See sec- tion 20-263 below.); (9) Showrooms. (Ord. No. 2002-07, § 2, 7-8-02; Ord. No. 2004-28, § 2, 7-12-04) Sec. 20-260. Building height regulations. No building or structure shall exceed fifty (50) feet. (Ord. No. 2002-07, § 2, 7-8-02) Sec. 20-261. Conditional uses. (1) Body piercing and tattoo shops; (2) Building fleer area greater than. 50,OOQ sc�. (3) Halfway houses, group homes and similar uses; (4) Kennels, pet and animal rescue operations, animal boarding houses, and similar animal facil- es or operations; (5) Light manufacturing, processing, and as- sembly not listed under section 20-345.1(1); (6) Trucking terminals; (7) Welding shops. (Ord. No. 2002-07, § 2, 7-8-02; Ord. No. 2004-28, § 2, 742-04) Sec. 20-262. Bulk regulations. (1) mum floor area: Nine hundred (900) sq. ft., Maximum floor area: Fifty thousand (50,000) sq. ft. unless permitted by conditional use. (2) Minimum lot size: Seven thousand five hundred (7,500) sq. ft. ft. (3) Minimum lot width: Seventy-five (75) ft. (4) Minimum lot depth: One hundred (100) ft. (5) Minimum front setback: Twenty-five (25) ZONING (6) Minimum rear setback: Fifteen (15) ft. (7) Minimum side interior setback: Five side corner lot: Fifteen (15) ft. (8) The total impervious surface area shall not exceed seventy-five (75) percent of the total site. (Ord. No. 2002-07, § 2, 7-8-02; Ord. No. 2004-28, § 2, 7-12-04) Sec. 20-263. Enclosed buildings and outside storage. All uses shall be maintained within an en- closed permanent building with any outside stor- age screened from streets by an eight (8') foot masonry wall with any gates being opaque. Secs. 20-264-20-265. Reserved. DIVISION 9. R-U RURAL URBAN DWELLING DISTRICTS Sec. 20-266. In general. The lands included within the R-U Rural Ur- ban Dwelling Districts are those developed or used predominantly for agricultural purposes and government or public service facilities with single- family dwellings as the primary residential use. The sites are intended to be those which would normally have large tracts of land adjacent or contiguous to residential locations. (Ord. No. 44, § 44.56, 1-8-68) Sec. 20-267. Uses permitted. Within any R-U Rural Urban Dwelling trict, no building, structure, land or water shall be used except for one (1) or more of the following uses: (1) Forests, groves, farms and truck garden- ing, including usual farm building struc- tures and livestock, (2) Nurseries and greenhouses; (3) Public recreation areas and facilities; (4) Private clubs, including golf courses and recreational uses; except skeet and gun clubs or commercial amusement enter- prises operated entirely for private profit; (5) Public schools and private educational institutions having a curriculum the same as ordinarily given in public schools. Other schools not having a curriculum may be operated, provided a permit therefor is first obtained from the board of adjust- ment; (6) Home occupations; (7) Single-family dwellings, but a building permit for such dwelling shall not be issued until there shall be filed with the building official, a certificate signed by the plumbing inspector, attesting that the lot upon which the dwelling structure is to be erected, has a satisfactory minimum standard of improvements; (8) Accessory buildings and uses customarily incident to the above uses not involving the conduct of a business; (9) Commercial riding stables and commer- cial dog kennels, when located on a tract of land of not less than five (5) acres and provided that no structure, pen or corral housing animals shall be closer than two hundred (200) feet from any property line; (10) Roadside stands offering for sale only products which are produced on the pre- mises, provided such structure is set back at least thirty-five (35) feet from the front or sideline of the property. (Ord. No. 44, § 44.57, 1-8-68) Sec. 20-268. Conditional uses. There shall be no conditional use within R-U Rural Urban Dwelling Districts except the follow- ing: (1) Churches with their attendant educa- tional buildings and recreational facili- ties; (2) Public utilities and public service struc- tures; (3) Commercial amusement enterprises oper- ated entirely for private profit; (4) Government service facilities. (Ord. No. 44, § 44.58, 1-8-68; Ord. No. 240, § 9, 5-26-81; Ord. No. 2004-49, § 2, 12-13-04) Supp. No. 9 1996.1 WINTER SPRINGS CODE Sec. 20-269. Building height regulations. In R-U Rural Urban Dwelling Districts no building or structure shall exceed thirty-five (35) feet in height, unless otherwise provided for herein, except boathouses on lake frontages shall not exceed twelve (12) feet in Height -above the high waterline; roof decks may be used as sun decks. (Ord. No. 44, § 44.59) 1-8-68) Sec. 20-270. Building site area regulations. Every lot or tract of land used for any of the permitted uses in R-U Rural Urban Dwelling Districts shall have an area of not less than one (1) acre, except that if a lot has less area than herein required and was of record at the time of the passage of this section. that lot, may hP nGPri for any of the uses permitted by this article in conformity with the yard and open space require- ments for this district. The lot or parcel of land shall have a minimum width of one hundred fifty (iJ0) feet at the building line. (Ord. No. 44, § 44.609 1-8-68) Sec. 20-271. Front, rear and side yard re- quirements. (a) Front yard. Front yards shall not be less than thirty-five (35) feet in depth in the R-U Rural Urban Dwelling Districts, this depth to be measured from the street, road or highway line to the front of the building. (b) Rear yard. Rear yards shall not be less than fifty (50) feet in depth in the R-U Rural Urban Dwelling Districts. (c) Side yards. Side yards shall be provided on each side of every principal structure of not less than fifteen (15) feet or ten (10) percent of the width of the lot, whichever is greater, but such side yard need not exceed twenty-five (25) feet. (d) Corner lots. On corner lots, the front line setback of thirty-five (35) feet or more must be maintained but a fifteen -foot sideline setback will be permitted on the street sideline, provided the corner lot faces the same way as all other lots in the block. If the building faces the long dimension of the lot or where the corner lots face a different thoroughfare than other lots in the block, the thirty -five-foot or greater setback must be main- tained from both thoroughfares. (Ord. No. 44, § 44.61, 1-8-68) Sec. 20-272. Lot coverage. In R-U Rural Urban Dwelling Districts, forty (40) percent of the lot area is the maximum which may be covered by the principal and accessory buildings or structures located thereon. (Ord. No. 44, § 44.62, 1-8-68) Sec. 20-273. Off-street parking regulations. Section 9-276 et seq. as to off-street parking regulations in R-U Rural Urban Dwelling Dis- tricts shall apply. (Ord. No. 44, § 44.63, 1-8-68) Secs 20-274-20-290B�se�rs��#_; DIVISION 10. T 1 TRAILER HOME DISTRICTS Sec. 20-291. Description of district. The T-1 Trailer Home District is composed a of certain limited areas where it is proposed tht trailer owners may establish homes on their own property. (Ord. No. 44, § 44.64, 1-8-68) Sec. 20-292. Uses permitted. Within any T-1 Trailer Home District the fol- lowing uses shall be permitted: Supp. No. 6 1336.2 (1) Parking of one (1) trailer on a lot owned by the owner of the trailer occupying such lot. (2) Such accessory facilities as are customar- ilyutilized bytrailer dwellers. These shall include accessory storage buildings, car- ports, porches, cabanas and supplemental structures housing additional living quar- ters which are adjacent to and made a part of the trailer. ZONING (3) No house shall be constructed in a trailer home district unless it conforms to the requirements of an R4A District in all respects. (Ord. No. 44, § 44.65, 1-8-68) Sec. 20-293. Permits. A permit to park a trailer in a T-1 Trailer Home District shall be issued for a fee to be established by resolution of the city commission, and shall be issued subject to inspection by the building in- spector. Any supplemental structure shall be treated as for residential uses and shall be subject to permit fees and inspection. (Ord. No. 44, § 44.66, 1-8-68; Ord. No. 174, § 7, 9-15-78) Sec. 20-294. Uses permitted. Any use permitted in an R4A District shall be permitted in the T-1 Trailer Home District. (Ord. No. 44, § 44.67, 1-8-68) Sec. 20-295. Building site area regulations. No trailer shall be located on a lot within the T-1 Trailer Home District less than seven thou- sand seven hundred (7,700) square feet and a width of not less than seventy (70) feet measured at the building line. (Ord. No. 44, § 44.68, 1-8-68) Sec. 20-296. Minimum front, rear and side yard regulations. The minimum setback requirements in the T 1 Trailer Home District shall be the same as in R-1A residential zoned areas. (Ord. No. 44, § 44.6% 1-8-68) Sec. 20-297. Special requirements. All T 1 Trailer Home Districts shall have cen- tral water and sewerage systems which shall be constructed in accordance with the requirements Supp. No. 6 1336.3 § zv-zv I WINTER SPRINGS CODE [THIS PAGE INTENTIONALLY LEFT BLANK] Supp. No. s 1336.4 ZONING 20-337 any vehicle when parked or stored exceeding fourteen (14) days; and within the confines of a building, or permits cannot be renewed on the (b) any vehicle upon which is placed same sign, nor shall another tempo - a sign identifying a firm or its prin- rary permit be issued on the same cipal product if such vehicle is one location, within ninety (90) days from which is operated during the normal the date of expiration of any previ- course of business and shall be parked ously issued temporary permit, in the least visible spot from the b. Signs for specific events shall be road, or (c) a trailer placed on a job removed within two (2) working days site during construction. after conclusion of the event. A free- s. Pole signs, standing temporary sign shall be no m. Balloon signs. larger than a maximum of thirty- two (32) square feet, and may be n. Ribbon signs. double sided. Banner signs may be o. Backlit awning signs, sized to extend across roads. (14) Permanent flags: Only project flags or (16) Maintenance: All signs and associated ap- governmental flags shall be permitted in paratus shall be maintained by the owner conformance with the following stan- of the site. Violations shall be processed dards: through the city's code enforcement divi- a. One (1) flagpole and one (1) flag may sion. be permitted per parcels of two (2) (17) Nonconforming signs: acres or more. b. The maximum width from top to a. Any sign, other than billboards, hav- bottom of any flag shall be twenty ing an original cost in excess of one (20) percent of the total distance of hundred dollars ($100.00) and which the flag pole. is nonconforming as to permitted sign area or any other reason which c. Flagpoles shall maintain the same would necessitate the complete re - setback requirements as project iden- moval or total replacement of the tification signs, sign, may be maintained a period of d. Flagpole heights shall be between from one (1) to five (5) years from the twenty (20) and thirty-five (35) feet effective date of these design stan- in height above grade. dards. The term of years to be deter - mined by the cost of the sign or of e. A project flag shall only contain in- renovation, including installation cost, formation permitted on the project shall be as follows: identification sign. Aproject flag shall be submitted to the development re- Permitted Years from view committee for approval. Sign Cost or Effective Date of Design Renovation Cost Standards (15) Temporary signs for special events: $0—$3,000 Over $10,000 a. Permits for temporary signs, such as $3,001—$10,000 2 pennant and banner signs, not oth- b. Violations shall be subject to Chap- erwise prohibited are allowed for such ter 2, Article 3, Division 2, Code purposes as auctions, special events, Enforcement, City of Winter Springs notice of opening of new businesses, Code of Ordinances. and going out of business sales. Per- mits for temporary signs shall autho- (18) Greeneway District Gateway Identifica- rize the erection of the signs and tion Sign: One (1) architectural feature maintenance thereof for a period not may be located adjacent to the Greeneway Supp. No. 6 1342.49 20-337 WINTER SPRINGS CODE right -of --way within the northeast quad- rant of the district that identifies the overall Greenway Interchange develop- ment consistent with the following: a. Maximum height of thirty-five (35) feet as measured above existing grade without a conditional use being granted by the city commission. b. Copy area can only identify the name of the overall development and the City of Winter Springs. c. Consistent in design and materials with the architecture of the overall development. d. No part of the architectural feature may be designed, devised, or con- structed so as to rotate, spin, gyrate, turn or move in any animated fash- ion. The architectural feature shall not incorporate reflective materials so Os� to crc^tc thn. cAppoalq:�aco of motion. e. In no way shall this architectural feature resemble an outdoor adver- tising sign (billboard). f. The words "Winter Springs" shall be incorporated into the sign. (Ord. No. 725, 8-23-99; Ord. No. 2003-06, § 3, 12-8-03; Ord. No. 2004-49, § 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- 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- ��pinnmPnt ramila+inner (Ord. No. 725, 8-23-99) Sec. 20-339. Cross -access easements. (a) All development except single family resi- 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, 8-23-99) 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. Supp. No. 6 1342.50 ZONING (b) Mechanical equipment and appurtenances, including but not limited to air conditioner units, ventilation equipment, refrigeration systems, heat- ing units, 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 year of planting to provide a screen which will screen the entire unit with a minimum of seventy-five (75) percent opacity. In the case of satellite dishes, they shall be screened from view from ground level of adja- cent rights -of -way and properties by buildings, dense landscaping or screen walls. The develop- ment review committee may permit dishes on buildings if no part of the dish is visible from the ground of surrounding properties. Setbacks for antennas and satellite dishes shall be the same as the building setbacks. (c) Dumpsters and similar facilities shall be screened on all four (4) sides from public view. Both sides and the rear of such facilities shall be screened by an opaque concrete wall, or similar material. Dumpsters shall be placed in an area that is least visible from a public right-of-way. (d) All storage areas shall be screened from view from the right -of --way and from adjacent residential zoning districts. Screening enclosures may consist of any combination of landscaping and opaque building materials. If building mate- rials are utilized, such material shall be consis- tent with the architectural design of the principal structures. (e) Side and rear elevations of buildings visible from a public street or adjacent property shall be designed in the same architectural style as the main facade. (f) All doors for service entrances or bays shall not face a public street unless they are screened to obscure service activities. (g) Outparcels shall conform to the architec- tural, signage, and landscape theme of the overall project and must share an internal access with the overall project. § 20-341 (h) Newspaper, magazine and other suchvend- machines. ATM's, pay telephones, and trash receptacles shall be encased in a structure that is architecturally compatible and consistent with the adjacent building and other site details and must meet building setbacks. (i) Exterior lighting shall be a cut-off light source to protect adjacent properties from glare. All exterior lighting shall be consistent and com- patible throughout the project. (j) Buildings with multiple storefront entries are encouraged to incorporate overhangs in the design of front facades as appropriate to promote pedestrian activity. (k) Backflow preventers and other aboveground valves shall be screened so they are not visible from the street right-of-way using either landscap- ing or an opaque building material and shall be subject to buffer setback requirements. (1) Drive-thru pick up windows shall not be permitted on the front or sides of a building fronting on S.R. 434. (Ord. No. 725, &23-99) Sec. 20=341. Developer's agreement. Any developer may propose to enter into a developer's agreement with the city designed to set forth terms and conditions appropriate to meet the circumstances of the specific proposed development. Such development agreement shall be reviewed and approved by the city commission. The city commission may vary the standards of this division, including building or perimeter set- backs, parking standards, signage, and other stan- dards. If an increase in building height beyond fifty-five (55) feet is requested, the city commis- sion must find the fire department capabilities are adequate to address the change. Such consid- eration shall be based on building site constraints or physical characteristics of the property, pro- vided specifically, however, that any such conces- sions for a constrained site shall only be consid- ered by the city commission in a development agreement if enhanced perimeter landscaping or buffering is provided to assure that the objectives of this division are achieved. (Ord. No. 725, &23-99) Supp. No. 9 1342.51 § 20-342 WINTER SPRINGS CODE Secs. 20-342-20-344. Reserved. h. Customized cabinetry, furniture, or other specialty woodworking shop; DIVISION 14, CC COMMERCE CENTER i. Dairy products; ZONING DISTRICT. j. Dental labs; Sec. 20=345. In general. k. Electrical machinery and equipment; 1. Electronic equipment; software de - The provisions of this district are intended to velopment; apply to lands suitable for a wide variety of small in* Floral arrangements; scale (less than three thousand five hundred (3,500) square feet) commercial and light Indus- n. Garments, textile products includ- trial tenants in divided warehouses which serve ing draperies; the needs of the community without generating o. Glass and glass products; excessive traffic from clientele and suppliers of p Jewelry; materials. The purpose of this district is to en- courage and develop start-up industry of an ex- q. Optical equipment; ceptionally clean, non -objectionable type and per- r. Material or product packaging; 1W ILLai UNC1 ai,iva ul land uses listed hereunder under such conditions of operation s. Medical supplies (with limited rental); that will protect any abutting residential and t. Perfume; other noncommercial uses, minimize the interrup- u. Pharmaceutical products; tion of traffic along adjacent thoroiigh_fares and promote aesthetic and architectural harmony, at- v. Photographic equipment and sup- tractiveness, and compatibility within the comm, plies; munity and abide by the performance and devel- w. Plastic products, except pyroxylin, opment standards of the city, county, state and x. Precision instruments and machin- U.S . government. Areas of the city for which this zoning category is appropriate are designated on ery; the future land use map as "industrial." y Promotional products; (Ord. No. 2004-02, § 2, 2-9-04) z Recreational equipment; Sec. 20-345.1. Uses permitted. aa. Screen printing; bb. Soap products and candles; Within the CC Commerce Center Zoning Dist,cc. Shoes and leather goods (except trict, no building, structure, land or water shall be leather processing); used except for one (1) or more of the following uses: dd. Signs; (1) Light manufacturing, processing, and/or ee. Silverware and utensils; assembly; wholesale sales and distribu- ff. Specialty foods; tion of. gg. Specialty merchandise; a. Audio books; hh. Species and spice packaging; b. Bakery products, ii. Stationery, Co Bottling plants; ji. Toys; d. Brooms and brushes; kk. Vehicle accessories and parts; e. Candy and confectionery products; 11. Window coverings; f. Ceramics and pottery; (2) Catering. g. Cosmetics and toiletries; (3) Equipment service and installation. Supp. No. 6 ZONING (4) Landscaping services. (5) Offices and studios including: a. Advertising and marketing; b. Artists, such as painters, sculptors, and craftmakers; c. Auctioneers; d. Consultants; e. Contractors; f. Graphic arts, design, g. Mail order addressing; h. Musicians; i. Photography; j. Radio and television; k. Real estate brokers; 1. Telephone sales solicitors; m. Utility management services; n. Vehicle brokers or agents; o. Wholesale sales and distribution; and p. Wrecker and towing service. (6) Packing and shipping services. (7) Paint stores. (8) Printing, bookbinding, engraving, and pub- lishing plants. (9) Public and governmental services and fa- cilities. (10) Record management, data processing ser- vices, data storage facilities. (11) Research, development, and laboratory facilities. (12) Testing of materials, equipment, and prod- ucts. § 20-345.4 (18) Wholesale sales and distribution. (19) Retail sales directly associated with a permitted use authorized by this Section, provided the retail sales are ancillary, secondary, and incidental to the permit- ted use. (Ord. No. 2004-02, § 2, 2-9-04) Section 20-345.2. Building height restric- tions. No building or structure shall exceed thirty- five (35) feet. (Ord. No. 2004-02, § 29 2-9-04) Sec. 20-345.3. Conditional uses. (1) Light manufacturing, processing, and as- sembly not listed above. (2) Health and exercise clubs and instruction which generate traffic from clientele. (3) Laundry and dry cleaning (with non-flam- mable solvents only). (4) Outside storage if screened from streets and adjacent properties by a masonry wall with an opaque gate. (5) Tenant area greater than three thousand five hundred (3,500) square feet but less than seven thousand five hundred (7,500) square feet. (Ord. No. 2004-02, § 2, 2-9-04) Sec. 20-345.4. Bulk regulations. (1) All uses shall be maintained within an enclosed permanent building with no outside stor- age, unless permitted by conditional use. (13) Technical and trade instruction. (2) Maximum tenant area: Three thousand (14) Vehicle repair (does not include body work five hundred (3,500) square feet, unless permitted or painting). by conditional use. (15) Vehicle upholstery. (3) Minimum front setback: Twenty-five (25) (16) Window tinting. ft. (17) Warehousing and storage in enclosed build- (4) Minimum side and rear setback: Fifteen ings or structures (including cold storage (15) feet, and frozen food lockers). (Ord. No. 2004-02, § 22 2-9-04) Supp. No. 6 1342.53 § 20-346 WINTER SPRINGS CODE DIVISION 15, C-3 HIGHWAY 17-92 (4) Automotive and vehicular retail sales; COMMERCIAL DISTRICT rental and leasing; Sec. 20-346. In general. The lands of the "C-3 Highway 17-92 Commer- cial" District -are -particularly- oriented- to -a -wide variety of commercial and professional office uses which may generate excessive traffic from clien- tele or capture large volumes of traffic from adjacent thoroughfares. The purpose of this dis- trict is to encourage and develop the normal operation of general commercial land uses listed here, under such conditions of operation as will protect abutting residential and other noncom- mercial uses, and promote aesthetic and architec- tural harmony, attractiveness, and compatibility within the community, and abide by fbP nar-for- mance and development standards of the city, county, state and U.S. government. This district is intended for lands adjacent to or easily serviced by collector and major arterial roads adaptable to higher traffic generating general commercial uses. Areas of the city for which this zoning category may be appropriate are designated on the future land use map as "commercial." (Ord. No. 2004-28, § 3, 7-12-04) Sec. 20-346.1. Uses permitted. Within "C-3 Highway 17-92 Commercial" trict, no building, structure, land or water shall be used except for one (1) or more of the following uses: (1) Any use permitted in the C-1 Neighbor- hood Commercial District; (2) Amusement and recreational parks and centers (including golf driving ranges, min- iature golf courses, billiard halls, children's play centers, bowling alleys and similar uses); (3) Automotive boat/manufactured home mi- nor service and minor repair establish- ments (including filling stations, repair garages and similar non -intense uses), provided that all activity shall be con- ducted within a completely enclosed build- ing and there is no outdoor storage of any kind; Supp. No. 0 1342.54 (5) Baker, retail and wholesale (including cof- fee roasting); (6) Big box retail; (7) Boat sales; (8) Bus terminal; (9) Car wash; (10) Cold storage and frozen food lockers; (11) Contractors (provided that all activity and storage shall be conducted within a com- pletely enclosed building and there is no outdoor storage of any kind); (121 ConvenienoP markat5 and gtnraa am opM service gasoline sales; (13) Corporate headquarters and office parks; (14) Equipment rental; (15) Gas, bottled; (16) Grocers, retail and wholesale; (17) Gas stations (full service), as an accessory use to a convenience store and satisfying any distance requirement established by City Code; (18) Indoor public storage; (19) Industrial trade, professional and voca- tional schools, not involving operations of an industrial nature; (20) Laboratories for testing materials and chemical analysis of anon -industrial na- ture; (21) Landscaping services; nurseries, plants, trees; (22) Lumber, building, and home improve- ment supplies in an enclosed building or structure; (23) Motels and hotels; (24) Movers; (25) Pest control (exterminating) of a non- industrial nature; (26) Printers, commercial; ZONING (27) Radio and television studios and offices; (28) Recreational vehicles sales and service; (29) Research development and service facili- ties; (30) Retail commercial and commercial outlets not exceeding 50,000 sq. ft.; (31) Showrooms; (32) Theaters, not drive-ins. (Ord. No. 2004-28, § 3, 742-04) Sec. 20-346.2. Building height regulations. No building or structure shall exceed fifty (50) feet in height. (Ord. No. 2004-28, § 3, 7-12-04) Sec. 20-346.3. Conditional uses. (1) Automotive/boat/manufactured home ma- jor service and major repair establishments (in- cluding body repairs and painting and similar heavy type uses) provided that all activity shall be conducted within a completely enclosed build- ing and there is no outdoor storage of any kind; (2) Halfway houses, group homes, and similar uses; (3) Light manufacturing, processing, assembly and/or wholesale distribution, provided that all activity shall be conducted within a completely enclosed building (tenant space not to exceed 10,000 sq. ft.) and there is no outdoor storage of any kind; (4) Mortuary and funeral homes; (5) Multiple -family residential with a maxi- mum allowable density no greater than that al- lowed under a High Density Residential future land use designation and with at least two (2) parking spaces for each unit provided; (6) Outside storage if screened from streets and adjacent properties by an eight -foot masonry wall with any gates being opaque; (7) Pawn shops; (8) Retail commercial and commercial outlets exceeding fifty thousand (9) Seasonal or temporary outdoor display and/or sales (such as Christmas tree lots, etc.). (Ord. No. 2004-28, § 3, 742-04) Sec. 20-346a Bulk regulations. (1) All uses shall be maintained within an enclosed permanent building with no outside dis- play, sales, or storage unless stated otherwise or permitted by conditional use. ft. (2) Minimum front setback: Twenty-five (25) (3) Minimum rear setback: Fifteen (15) ft. (4) Minimum side setback: Five (5) ft.; side corner lot: Fifteen (15) ft. (5) The total impervious surface area shall not exceed seventy-five (75) percent of the total site. (Ord. No. 2004-28, § 3, 7-12-04) ARTICLE IV. PLANNED iJNIT DEVELOPMENTS DIVISION 1. GENERALLY Secs. 20-347-20-350. Reserved. DIVISION 2. PART A. PLANNED UNIT DEVELOPMENT Sec. 20-351. Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Applicant. The legal or beneficial owner or developer of the land proposed to be included in a planned unit development. Common open space. An area of land or water or any combination thereof, within the area of a planned unit development which is designated anI intended for the use and enjoyment of the residents of the planned unit development in common. Condominium. Actual ownership of real prop- erty that is a combination of ownership in fee Supp. No. 9 1342.55 WINTER SPRINGS CODE simple of the dwelling unit and an undivided ownership, in common with other purchasers, of the common elements in the structure including the land and its appurtenances. Condominium shall refer to any dwelling unit developed, con- structed and sold in the manner described above. Cooperative apartment. An apartment within a multiunit building where the ownership and cost of operation are shared by the occupants in pro- portion to the value of the occupied space. Detached single-family dwelling. A building with no party or lot line walls, designed to be occupied exclusively by one (1) family. Developer Any person, firm, association, syndi- cate, partnership or corporation, or any combina- tinn tharanf Vttlln nra a0}il"11N7 4"TMITY^rl ;" 1-L,r. t creation and construction of a planned unit devel- opment. Final development plan. The set of documents dellneateo ha section 2036ri which serves as the specific development standard for the planned unit development area which it encompasses. The final development plan may include all or a part of the preliminary development plan. Floor area ratio. The ratio of the number of the square feet, or fractions thereof, of covered floor area as a numerator within a particular phase over the number of every square foot of land area, within the same particular phase, exclusive of public or private streets. Garden apartments. Multifamily dwelling units not to exceed three (3) stories in height. Typically, garden apartments have units one above the other with several units sharing a common en- trance hall or court. Gross acreage. The total number of acres within the perimeter boundaries of a planned unit devel- opment. Gross residential acre. An acre of land commit- ted to the explicit use of residential buildings or structures or which provides access to or contrib- utes to the amenities of a residential develop- ment, such as parks, open space, parking lots, etc. Land devoted to schools, utilities and water areas shall not be included. Landowner. The legal or beneficial owners of all land proposed to be included in a planned unit development, or one having possessory rights of equal dignity. Lot line wall. A wall adjoining and parallel to the lot line used primarily by the party upon whose lot the wall is located. Multifamily dwelling. Buildings designed to be occupied by three (3) or more families living independently of one another. Open space. The gross acreage of the planned unit development exclusive of buildings, vehicu- lar accessways, and parking areas. Patio homes. Single-family dwelling units with a private outdoor living area, the sidewalls of which may be party or lot line walls and having a minimum two-hour fire rating. Patio homes are designed and constructed to be individually owned and are sometimes referred to as cluster houses, _, ?1g1L-f��s _ply c`3,LLti l3t;iY i1Wh:li1YY'b' ilYl166 ailuin houses, or court garden houses. Planned un;t development. Atract of land zoned and developed in accordance with the purposes, intent and provisions of this article. The letters PUD shall be considered an abbreviation for planned unit development in this Code. Preliminary development plan. The set of doc- uments delineated in section 20-356 which serves as the general development standard for the planned unit development district it covers. Story. That portion of a building included be- tween the surface of any floor and the surface of the floor directly overhead, or if there is no floor directly above, then the space between such floor and the ceiling next above it. Townhouses. Self-contained dwelling units lo- cated side by side with no units located above or below one another, designed and constructed so that the units may be individually owned. Townhouse units are to be separated by party or lot line walls and shall have a minimum two-hour fire rating. (Ord. No. 367, § 1, Art, XIV, Part A, § 44.85.2, 5-11-87) Cross reference —Definitions and rules of constructions generally, § 1-2. Supp. No. 6 1342.56 ZONING Sec. 20-352. Intent and purpose of district. The intent and purpose of the planned unit development zoning district are as follows: (1) To provide for planned residential commu- nities containing a variety of dwelling unit types and arrangements, with com- plimentary and compatible commercial cen- ters with supportive residential and/or complimentary and compatible industrial land uses; and planned industrial parks with complimentary and compatible resi- dential and/or commercial land uses, all designed to promote the public health, safety and general welfare. (2) To allow diversification of uses, structures and open spaces compatible with adjacent land uses. (3) To preserve the natural amenities and environmental assets of the land by en- couraging the preservation and improve- ment of scenic and functional open space areas. (4) To encourage flexible and creative con- cepts in site planning that will allow an Supp. No. 6 1342.57 § 20-352 WINTER SPRINGS CODE [THIS PAGE INTENTIONALLY LEFT BLANK] Supp. No. 6 1342.58 (2) Any uses not authorized by the final sub- division plan must be approved in accor- dance with the provisions of section 20- 386. (3) A building or structure that is totally or substantially destroyed may be recon- structed only in compliance with the final subdivision plan unless an amendment to the plan is approved in accordance with the provisions of this article. (Ord. No. 367, § 2, Art. XIV, Part B, § 44.85.11, 541-87) Sec. 20-388. Time restrictions on approval. (a) A master plan shall become null and void if a final subdivision plan, for any subdivision of the PUD, is not submitted for approval within one (1) year of the date of the approval of the master plan. (b) After the applicant has submitted a final subdivision plan for all, or a part of the PUD, the applicant shall, within twelve (12) months of the date of the city commission approval, complete substantial development in accordance with the final subdivision plan. For the purpose of this section, "substantial development" is defined as follows: (1) Where ten (10) acres, or less, are included within the final subdivision plan, one hun- dred (100) percent of all roads, utilities and drainage facilities plus more than forty (40) percent of all buildings must be completed. (2) Where the final subdivision plan includes more than ten (10) acres but less than twenty-five (25) acres, eighty (80) percent of all roads, utilities and drainage facili- ties, plus thirty (30) percent of all build- ings must be completed. (3) Where the final subdivision plan includes twenty-five (25) acres, but less than fifty (50) acres, sixty (60) percent of all roads, utilities and drainage facilities plus at least twenty (20) percent of all buildings must be completed. (4) Where the final subdivision plan includes fifty (50) acres or more, forty (40) percent of all roads, utilities and drainage facili- ties plus at least twenty (20) percent of all buildings must be completed. (c) The final subdivision plan approved and final engineering plan approval shall be declared null and void if substantial development, as spec- d above, has not been completed within twelve (12) months from the date of city commission approval. (1) A time extension of up to twelve (12) months may be granted, upon a showing of good cause, if requested by the appli- cant and approved by the city commis- sion. The determination of good cause shall be in the sole and absolute discre- tion of the city commission. (2) If after an extension granted hereunder, substantial development has not been com- pleted, both the master plan and the final subdivision plan shall be automatically declared null and void, provided however this shall not affect the zoning density of plats recorded thereunder. (d) Any zoning density which has been as- signed pursuant to a master or final subdivision plan under this article, which plan subsequently is declared null and void shall not be affected. (Ord. No. 367, § 2, Art. XIV, Part B, § 44.85.12, 5-11-87) Sec. 20-389. Appeal. (a) A decision by the planning and zoning board may be appealed to the city commission. The city commission shall not modify or reverse a decision of the planning and zoning board without first holding an advertised public hearing on the appeal. (b) A decision of the city commission may be appealed to the appropriate circuit court of the state. (Ord. No. 367, § 2, Art. XIV, Part B, § 44.85.13, 5-11-87) Secs. 20-390-20-410. Reserved. Supp. No. 6 1063 WINTER SPRINGS CODE ARTICLE V. SUPPLEMENTAL DISTRICT REGULATIONS DIVISION 1. GENERALLY Sec. 20-411. Trailers in residential areas. (a) No house trailers will be permitted in res- idential zone areas except for residential zones specifically providing for mobile homes. Except as provided in subparagraph (b), campers, camp trailers and boats and trailers will be permitted if kept in a garage, carport, rear yard or side yard not fronting any street, providing no one occupies them. (b) Campers, camp trailers and boats and trail- PTS may bp, narkPd fPmnnrarily in +lho ilrixmixnav of residential zone areas for a period of time not to exceed forty-eight (48) hours within any ten (10) consecutive day time period for the limited pur- poses of loading, unloading and general mainte- nance. For purposes of this section, "driveway" shall mean the private access area designed and approved for the parking of private vehicles. (Ord. No. 44, § 44.74, 1-8-68; Ord. No. 2001-06, § 2) 1-22-01) Sec. 20-412. Trailer uses. Trailers may be kept only in areas designated as trailer parks, except as designated in section 20432. A temporary permit may be obtained from the city commission for use in commercial, rural and residential (areas). (Ord. No. 44, § 44.75, 1-8-68) Sec. 20413. Animals. No one shall keep the following animals in R-1, R-lA and R-lAA residential zone areas: Horses, cows, pigs, chickens, geese, goats or any other fowl or livestock, other than household pets. (Ord. No. 44, § 44.77, 1-8-68) Sec. 20-414. Exceptions. Horses and ponies may be permitted in R-lAA areas provided at least one (1) acre of land is available for each animal. (Ord. No. 44, § 44.78, 1-8-68) Supp. No. 6 1364 Sec. 20-415. Reserved. Editor's note —Former section 20-415 pertained to the number of dogs or cats sufficient to be considered a kennel a derived from Ord. No. 44, § 44.79, adopted Jan. 1, 1968. Sec. 20-416. Kennel zoning. Kennels will be allowed in C-2 commercial and R-U zoned areas. (Ord. No. 44, § 44.80, 1-8-68) Sec. 20-417. Residential wall buffers re- quired. Any developer or property owner proposing a commercial or multi -family development or rede- velopment adjacent to a single family zoning district or use shall construct, at the developer's caVcalpc, CALL vN�.iiiuC YV dll Vi S1X (�) leGL 111 lle1g11G 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 regnirPB 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. (Ord. No. 2000-07, § 2.B, 5-8-00) ZONING tennas) which are not attached to telecom- munications towers shall comply with sub- section (f)(11). (3) All telecommunication towers existing on July 14, 1997 shall be allowed to continue their usage as they presently exist. Rou- tine maintenance shall be permitted on such existing towers. New construction other than routine maintenance on an existing telecommunications tower shall comply with the requirements of this sec- tion. (4) For purposes of implementing this sec- tion, a telecommunications tower that has received city approval or building permit, but has not yet been constructed, shall be considered an existing tower so long as such approval is current and not expired. (d) Location, permitted uses and conditional uses. (1) Telecommunications towers shall be a per- mitted use at the following sites (see map attachment Figure 1 dated July 14, 1997) subject to other regulations which may apply: a. City of Winter Springs Wastewater Treatment Plant #1/West Plant. b. Proximate area of the Seminole County School Board Consolidated Services Facility (a/k/a Bus Barn). c. City of Winter Springs West Effluent Disposal Sites: at the southeast quad- rant of Site 16 east of the southern percolation ponds. d. City of Winter Springs City Hall. Supp. No. 6 1371 Supp. No. 6 WINTER SPRINGS CODE �L a i i 0 Permitted Sites for Telecommunications Towers Permitted Sites for Telecommunications Towers 1372 ZONING § 20451 (2) A monopole shall be the permitted type of d. All such technical data shall be pro - telecommunications tower within the City vided at cost to the applicant. The of Winter Springs. Stealth -designed mono- city may, in approximate cases in its poles are encouraged by the city. sole discretion, retain the service of technically competent consultants to (3) Additional telecommunication tower sites evaluate the data submitted by an shall only be permitted as a conditional applicant to justify an additional use pursuant to this section. A property tower pursuant to this ordinance. declared eligible for consideration as an The applicant shall post a deposit additional telecommunication tower site with the city manager or his desig- is City of Winter Springs Fire Station #3 nee in a sum such that the applicant to be located on the south side by S.R. 434 for the additional telecommunica- in Tuscawilla Tract 15, Parcel 3 (approxi- tion tower pays the full cost of tech- mately 2,300 feet west of Vistawilla Drive)0 nical review of such tower by city's The telecommunications tower located on consultant; and this site shall require a conditional use from the Winter Springs City Commission e. Initial review of any additional tele- in accordance with this section and appli- communication tower sites shall be cable City Code provisions. The tower on by the city's development review com- this site shall not exceed a height of one mittee. The conditional use shall also hundred twenty feet (120) and shall only be considered by the planning and be available as a tower site following zoning board which shall make a approval by city commission as part of the recommendation to the city commis - grant of the conditional use. Following sion concerning said conditional use; approval and construction of the four (4) and towers described in this subsection, addi- f. Additional tower sites shall be: tional towers may be applied for and (1) Located as far as possible from justified in accordance with the applicable residentially zoned property standards for a conditional use in the City (and at least the minimum set Code, as well as these standards: forth in this ordinance); and a. The tower at proposed Fire Station (ii) Erected to a height that is the #3 and any subsequent additional minimum height necessary to telecommunication tower is required technically serve the applicant's for public safety communication needs, but not exceeding the needs; or lesser of one hundred sixty-five (165) or a height calculated b. Technical data is presented by an based on a tower setback of one applicant indicating that the pro- hundred twenty-five (125) per - posed tower is the only technically cent of the tower height mea- feasible available site to assure tele- sured at grade from the base of communications services coverage the tower to the closest residen- needs to area citizens; and tially zoned property line; and c. Such technical data specified in sub- (iii) The use of stealth tower is en - section b., above, is not for specula- couraged in accordance with this tive, untried telecommunications uses section. but is for current technology recog- (e) Site plan. Any telecommunications com- nized or approved for service area pany or entity that intends to install a telecom - needs and market conditions under munications tower in the city shall file a site plan applicable state, federal or local laws, regulations or ordinances; (as defined in Chapter 20 "Zoning", if applicable Supp. No. 6 1372.1 § 20-451 WINTER SPRINGS CODE [THIS PAGE INTENTIONALLY LEFT BLANK] Supp. No. 6 1372.2 V �7►"X 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 current FCC regulations for non -ionizing electromagnetic radiation (NIER). (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 permit. (Ord. No. 645, § 1, 7-14-97; Ord. No. 678, § 1, 10-13-97; Ord. No. 200449, § 2, 1243-04) 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. 6 1377 WINTER SPRINGS CODE 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- NliGu%ile L*U w1C uvelldy Golles M lle overlay district design standards will govern development within the corridor and will control where conflicts be- tween regulations occur. (Ord. No. 675; 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) Supp. No. 6 1378 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: (1) the extent to which any hardship exists that would justify a variance from the normal setback requirements; ) the aesthetics of the proposed improvements and their visibility from common roads and adja- cent properties; (Ili) 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 CODE COMPARATIVE TABLE Ordinance Section Number Date Section this Code 2001-61 1-14-02 2 2-42(i) 2001-62 144-02 2 2-61.5 2002-07 7- 8-02 2 20-258-20-262 3 20-2511 20-252, 20-254 4 20-23% 20-232 2002-08 4- 8-02 1 Rpld 5-1-5-5 Added 5-1-5-19 2002-09 3-35-02 2 134, 13-2 200243 543-02 1 9-280,9-281 2 20473,20489 2000-20(Res.) 740-00 I —III 2-2(a), (b) 200248 7- 8-02 2 Rpld 6-250-6-258 2002-20 6-24-02 2 19-97 3 19-100 4 19402 5 19438 6 19-164(a) 2002-21 7- 8-02 2 16-55 2002-22 7-22-02 2 12-54, 12-65 3 19-300-19-304 2002-24 10-13-03 2 10-136 2002-28 9-23-02 2 2-4% 2-57 2-78 3 14-52 4 18-55 5 20-531 20-78, Rpld 20-54, 2049 2002-31(Res.) 9-23-02 I —III 2-2(a), (b) 2002-31 10-28-02 2 6-211, 6-219(0 3 6-85 2003-01 841-03 1 Rnbd 3-1-3-5 as 3-2-3-6 2 Added 34, 34, 3-8 2003-02 7-28-03 % 3, 8 18421 2003-04 4-28-03 2 Rpld 2-391-2-391.12 Added 2-391-2-391.12 3 Rpld 2-396-2-396.12 2003-06 12- 8-03 2 16-57(12), (13) 3 20-337(8), (9)1(13), 20-470,20486 2003-07 4-28-03 2 6-84(f) 2003-17 6- 9-03 2 Rpld 20-59 2003-21 6-23-03 2 9-391.5(c) 2003-22 10-13-03 2 5-1-540, 5-12-5-19 2003-23 6-23-03 2 20463 2003-24 6-23-03 2 20-234 2003-26 8-11-03 2 9-281(7) 2003-30 8-11-03 1 1-15(0 2003-33 9- 8-03 2 1340-1347 2003-36 1043-03 2 Rpld 9-278(7) Added 9-561-9-568 3 10-60 4 16-51, 16-56(a) 5 Rpld 20-233 2003-38 1140-03 2 9-391, 9-391.1, Supp. No. 6 2099 WINTER SPRINGS CODE Ordinance Section Number Date Section this Code 9-391.2(f), (g), 9-391.5(c)(5), 9-391.7(a)(4), 9-391.8, 9-391.10 2003-39 1140-03 2 9-281(7) 200340 1-26-04 2 9-281(7) 200341 2- 9-04 2 Rpld 10-51-10-1042 Added 10-51-10-95, 10400-10-102 200343 1-26-04 2 Rpld 20475, 20491 Added 9-600-9-606 2004-01 1-26-04 2 19.161.5, 19462, 19-164, 19-168-19475 2004-02 2- 9-04 20-345-20-345A 2004-03 2-23-04 2 10-115 2004-04 1-26-04 2 204011 20-102 2004-24 644-04 2 9-206 2 eA "K 6 14 04 2 Z-0I7 /.06 2004-28 7-12-04 2 20-231, 20-232, 20-234, 20-236, 20-237, 20-252-20-2551 20-258, 20--250 20-261-20-263, 3 20-346-20-346A 2004-29 7-26-04 1 13-62 2004-31 7-26-04 2 6-86 2004-37 8-23-04 1 2-96 200449 1243-04 2 20-26-2-36, 20-82 Rpld 20-83, 20-1-2(d), (e) Amd 20423, 20-1431 20-163, 20-1831 20-208, 20-232(b) Rpld 20-268(b) Amd 20-337(18), 20451 3 6492, 9-386A Supp. No. 6 2100 [The next page is 21451 This table shows the location within this Charter and Code, either in the text or notes following the text, of references to the state law or related matters. State Const. Section Article Section this Code VIII 2 10-87 Fl. Adm. Code Section F.S. Section Chapter this Code Section this Code 17-50 19-92(c) 163.3171 et seq. Ch. 15 19-95(b) 163.3181(3) 20402(f) 19-95(c) Cho 163.3202 9-391 19429 Cho 166 Cho 17-555.360 Ch. 19, Art. IV, 20-26 Div. 2 20-28(a) 166.021 10-87 F.S. Section 166.032 2-89 Section this Code 166.041 1-11 20.30 20-232(a)(64) 10-52 MAR 114 20402(f) Ch. 50 2-64(b)(1) 20404 50.041 2-64 166.201 et seq. Ch. 2, Art. VI 50.051 2-64 Ch. 18 166.221 Ch. 10 Cho 9 13-74 166.231 18-2% 18-30 99*093 7, Ch. 98 2-89 2-166.231 et seq. Ch. 18, Art. II 100.20 166.0425 Ch. 16, Art, III 00.201 et seq. 2-94 166.3161 20-104 100.361 2-26(b) 170.01 et seq. Ch. 17 Ch. 101 2-93 Ch. 171 Ch. 2, Art. V 101.62-101.70 2-92 Cho 177 Cho 101.657 2-96 Ch. 180 et seq. Ch. 17 Ch. 140 18-26 189.4042 18421 Ch. 102 2-85 200.065 Ch. 2, Art, VI 2-93 Cho 202 18-28 119.07 18-29 202.11 18-26 Ch. 162 Ch. 2, Art. III, Div. 2 202.20 18-31 2-56, 6-32 203.012 18-26 19-174 Cho 205 Cho 10 162.05 2-57 Ch. 10, Art. II 162.05(3) 2-58 205.043(c) 10-30 162.06(2), 162.06(3) 2-59 205.053 10-32 162.07 2-60 205.053(1) 10-29 162.08 2-61 Cho 212 18-27 162.09 2-61 Ch. 218 Ch. 2, Art. VI 3-3 315.1956 12-65 162.10-162.13 2-62-2-65 Cho 316 Cho 12 162.22 3401 10-57 12-2 Ch. 163 9-391, 10-52 20-431(1)a. 20-26 316.1945(b)(2) 7-4 Ch. 163, Pt. II 9-500 316.1955 et seq. 20-467, 20483 20-28(a) 20-504 163.3161 et seq. 9-386.1 316.2055 Ch. 16, Art. II Supp. No. 6 2145 WINTER SPRINGS CODE F S. Section F.S. Section Section this Code Section this Code 316.2065 13-62 849.07 Ch. 10, Art, IV Cho 318 12-2 849.16 10-115 Ch.320 12-2 865.09 10-68 Cho 322 12-2 865.09 10-61 Cho 335 17-27 874.03 1342,1344 336.10 17-27 Cho 893 10-73 337.401 18-31 893.138 1342,13-74 Ch. MOM 9403 Ch. 893 13-72 403.415 Ch. 16, Art, II 893.138 13-70 479.155 Ch. 16, Art, III Ch. 895 10-73 Cho 480 10-55 943.085-943.255 2-68 489.105 6-32 943.25(13) 11-2(a), 11-2(b) 489.127 6-270, 6-272, 6-2741 6-275, 6-279 489.132 6-27026-272 533.73 6-31, 6-32 538.91 et seq. Ch. 10, Art, VI Ch. 553 Ch. 6 Ch. 6, Art, III 553.06 Ch. 6, Art, V 553.19 Ch. 6, Art, IV 553.73 Ch. 6, Art, V 6-81 553.955 et seq. 6-6 Chs. 561-565 10-73 561.01 et seq. Ch. 3 561.14 3-3 561.20(7)(a) 3-3 562.45(2) Ch. 10, Art, III, Div. 2 Ch. 633 Ch. 7, 7-46 7-50 633.521 7-54 Ch. 650 Ch. 14, Art, II 14-26(a) 650.02 14-26(a) 705.101 et seq. 2-1 775.082, 775.083 2-69.5(e), 11-1 Ch. 794 10-55, 1043 Ch. 796 10-521 10-551 1043 796.07 1342, 1344 Ch. 800 10-55, 1043 8066101 7-3 812.019 13-74 817.32, 817.33 Ch. 10, Art, IV Ch. 826 10-55, 10-73 Ch. 827 1043 Ch. 828 Ch. 4 Ch. 847 10-55, 1043 847.13 10-55 847.0133 10-55 Ch. 849 10415 849.04 Ch. 10, Art. IV Supp. No. 6 [The next page is 21971 2146 0 ABANDONMENT Abandoned property; disposition by city . . City -owned property; disposal of surplus property. . 4 a 0 4 a # 4 # a 0 4 t 4 0 a 0 1 4 0 0 t a 1 4 6 Motor vehicle abandonment ............ . Nonconformities ........................ Street and alley abandonment .......... . ACCOUNTS, ACCOUNTING Sewerage revenue generation system Account established .................. Accountant certification of adequate maintenance .................... ACTIONS. See: SUITS, ACTIONS AND OTHER PROCEEDINGS ADULT ENTERTAINMENT ESTABLISH- MENTS, SEXUALLY ORIENTED BUSI- NESSES Application Contents of .......................... Fee; generally ........................ Investigation of applicant ............ . Reapplication after denial ............ . Reasons for denial of ................. Commercial bodily contact establishments, prohibited ......................... Consent ................................ Construction ........................... Continuing duty/false or misleading infor- mation ............................ Definitions ............................. Engaging in prohibited activity Customers........................... Workers/operators.................... Escorts and escort services Escort service, generally .............. Special prohibitions relating to, unlaw- ful provisions ................... Establishment name change ............ . General requirements ................... Immunity from prosecution Ott t . License Annualfee ........................... Application and application fee ....... . Contents of application .............. . Contents of, term of, renewals, expira- tion, lapse, nonconforming estab- lishments ....................... Issuance or denial of... 9 a 0 Operation without .................... Reapplication after denial ............ . Reasons for denial of application of ... . Required, a a a 4 0 a a a 9 6 a 0 a 9 9 9 *latest* 9 6 6 4 Suspension and revocation Of license, generally .............. . Proceedings....................... Transfer of ........................... Measurement of distance ............... . CODE INDEX Section Section ADULT ENTERTAINMENT ESTABLISH- MENTS, SEXUALLY ORIENTED BUSI- NESSES (Confd.) 24 Notice. . a a & a a 0 0 a 4 a 0 0 0 0 4 4 0 0 0 4 0 a 0 s t 0 0 0 0 a 0 0 10-56 2494 Obscenity/indecent exposure unlawful .... 10-54 Occupational licenses/home occupations .. 10-93 12-53, 12-54 Operation contrary to operational requires, ments ............................. 10-85 17-27 Other offices and departments, responsibil- ities of ............................ 10-59 Penalties/remedies/relief. t a 6 4 6 0 6 6 6 6 a a a s 9 4 10-57 19-126 Prohibited locations for, a 0 0 4 0 * 0 4 0 0 0 * 0 # 0 0 0 10-101 Provisions 19-129 Adult performance establishment...... 1049 Adult theater ........................ 10-78 Commercial bodily contact establish- ments .......................... 10-80 Savings .............................. 10-92 Unlawful Hours of operation ................. 10-89 Minors ............................ 10-87 10-61 Records ........................... 10-88 10-60 Sexual encounter businesses prohib- 10-64 ited/prohibited acts ........... 10-94 10-67 Special prohibited acts; commercial 10-66 bodily contact... 0 4 Sees Sees Sees 10-91 Special provisions relating to escort 10-92 and escort services............ 10-90 10-63 Purpose, findings and intentlincorporation 10-53 of whereas clauses ................. 10-52 Records and reports 10-62 Generally ............................ 1040 10-55 Unlawful provisions, records .......... 10-88 Worker records ....................... 10-75 10-82 Sexually oriented businesses. . a a 4 a s a a a 0 4 1047 10-83 Short title .............................. 10-51 Use of restrooms or dressing rooms ...... 10-86 10-81 Zoning ................................. 10400 ADVERTISING. See: SIGNS AND ADVER- 10-90 TISING 10-72 10-76 AFFIRMATION. See: OATH, AFFIRMATION, 10-95 SWEAR OR SWORN 10-68 AGENCIES OF THE CITY. See: DEPARTS, 10-60 MENTS AND OTHER AGENCIES OF 10-61 CITY AGREEMENTS. See: CONTRACTS AND AGREEMENTS 10-69 10-65 ALARMS, ALARM SYSTEMS 10-84 False alarms 10-67 Prohibited ........................... 7-28 10-66 Warning notice ....................... 13-58 10-58 Fire and security alarms Automatic shut-off of alarm ........... 13-56 10-73 Classification of alarm ................ 13-57 10-74 Compliance for existing system........ 13-53 10-71 Definition, a 9 a 9 a a 0 0 0 0 a 0 a t s t 4 0 t & 0 1 0 0 0 a 0 13-51 10-102 Disconnection of system. a 0 * 0 0 6 6 a a a 0 0 9 9 13-61 Supp. No. 6 3111 WINTER SPRINGS CODE Section Section ALARMS, ALARM SYSTEMS (Cont'd.) APPROPRIATIONS Emergency telephone number ......... 13-55 Certain ordinances not affected by Code .. 1-7(7) False alarms Warning notice ................... 0 13-58 ARBORS. See: TREES AND SHRUBBERY Installation, modification, notice of .... 13-52 ASSESSMENTS Reset, disabled system, response to .... 13-54 Local improvements Service fee ........................... 13-59 Certain ordinances not affected by Code 1-7(8) Waiver of fee .................. .....0......... . 13-60 Local improvements assessments ....... 0 18-51 et seq. ALCOHOLIC BEVERAGES See: TAXATION Bottle clubs prohibited .................. 3-5 ATHLETIC FACILITIES Definitions ............................. 3-1 Use of city athletic facilities; fees ....... 4 2-2 Hours of sale; hours consumption prohib- ited in places of public accommoda- AUDITS, AUDITING tion ............................... 34 City -owned property, recording and identi- Location of business prohibited near church fying re auditing procedure, ........ 2492 or school .......................... 3"2 AUTOMATIC FIRE SPRINKLER SYSTEMS Nudity prohibited upon alcohol licensed Florida Fire Prevention Code, local amend,, premises, bottle clubs ............. e 3-10 _7 ment to ........................... 7-60 Open containers in public places......... 8 Penalty................................ 3.8 AWNINGS State of emergency (aecluratior. of)....... 2-255 Permit for erection of awnings over side - Vendors (alcoholic beverage) in town center 3-3 walk AMENDMENTS Fee .................................. 17-52 Additions and amendments deemed incor- Required; application.... .... state . . . . 17-51 porated in Code .................... 1-10 Altering Code ........................... 1-14 b Amendments to Code; effect of new ordi- BANNERS nances; amendatory language....... 141 Signs and advertising requirement ....... 16-87 Florida Building Code, administrative amendments to. See: BUILDINGS BARBED WIRE. See: FENCES, WALLS, Florida Fire Prevention Code, local amend- HEDGES AND ENCLOSURES ment to ........................... 7-46 et seq. See: FIRE PREVENTION AND PRO- BARRICADES TECTION Street excavation barricades ............. 17-80 Zoning BARS Districts, amendments re ............ 0 20A04 Alcoholic beverage regulations generally.. 3-1 et seq. Ordinances, alterations, changes or See: ALCOHOLIC BEVERAGES amendments .................... 20-6 AMPLIFIERS BEAUTIFICATION BOARD Composition; appointment of members ... 2-77 Noise provisions ........................ 13-31 Created..................... AMUSEMENTS AND AMUSEMENT PLACES Duties; expenditures ................... 0 249 Dance halls; permit required; conduct in Master beautification plan; recommenda- dance halls ........................ 10411 tions to city ....................... 2-80 Slot machines, devices .................. 10-115 Organization; meetings.................. 2-78 ANIMALS AND FOWL BEER Animal control and protection ordinance of Alcoholic beverage regulations generally.. 34 et seq. Seminole County, Florida, adopted .. 4-1 See: ALCOHOLIC BEVERAGES Kennel zoning .......................... 20416 BIDS, BIDDING. See: FINANCES Noise provisions for animals and birds ... 13-34 Zoning regulations for animals........... 20413 BILLBOARDS. See: SIGNS AND ADVERTISE, ANNEXATIONS ING Certain ordinances not affected by Code .. 14(9) BLASTINGAGENTS. See: EXPLOSIVES AND Fee .................................... 2416 BLASTING AGENTS Waiting period for annexation ........... 2417 BOARDS, COMMITTEES AND COMMIS - ANTENNAS SIONS. See: DEPARTMENTS AND Television dish antennas ................ 6-83 OTHER AGENCIES OF CITY Supp. No. 9 3112 CODE INDEX Section Section BOND ISSUES BUILDINGS (Cont'd.) Certain ordinances not affected by Code.. 14(2) Penalty .............................. 6-274 BONDS, SURETY OR PERFORMANCE Recording code enforcement board or- ders ............................ 6-280 City -owned property supervision and con- Refusal to sign citation ............... 6-275 troi,bond for custodian re.......... 2-193 Stop work ........................... 6-276 Land development bonding procedure .... 9-76 Code enforcement board ................. 2-56 et seq. Street excavations, bond requirement .... 17-77 See: CODE ENFORCEMENT BOARD BOOKSTORES Codes Adult entertainment establishments ..... 10-55 et seq. Electrical code ....................... 6-101 See: ADULT ENTERTAINMENT ES- Energy efficiency code adopted ........ 6-6 TABLISHMENTS, SEXUALLY Gas code............. ffisffisome* OW0900*6 6-240 ORIENTED BUSINESSES Mechanical code., .... 00600094 6-146 et seq. See herein: Mechanical Code BOTTLE CLUBS Plumbing code ....................... 6-126 Prohibited .............................. 3-5 Standard building code Adopted ........................... 6-81 BOTTLES Amendment to building code........ 6-82 Prohibitions ............................ 13-2 Standard existing building code BUDGET. See: FINANCES Adopted ........................... 6-81 Standard housing code BUILDINGS Adopted, .......................... 6-81 Accessory buildings ..................... 6-84 Swimming pool code.................. 6-210 Administration Unsafe building abatement code....... 6465 Administrative amendments to the Flor- Compliance with provisions, . t 9 4 a 0 0 6-2 ida Building Code Construction sign.* 0 64*A met* 400**1&*o%Mo 16-81 Chapter 1......................... 6-31 Contractors Chapter 2......................... 6-32 Unlicensed contractors. See herein: Ci- Adoption of Florida Building Code ap. tations; Unlicensed Contractors; pendices ........................ 6-34 Failure to Obtain a Building Per. Establishing the location of local wind mit speed lines ...................... 6-33 Declaration of a state of emergency ...... 2-255 Temporary storage structures ......... 6-87 Suspension of local regulations ........ 2-264 Automatic fire sprinkler systems Electricity Florida Fire Prevention Code, local Electrical code adopted ............... 6401 amendment to .................. 7-60 Terms defined........................ 6402 Building erected or altered in violation of Energy efficiency code adopted........... 6-6 provisions, use of .................. 6-3 Fences, walls and hedges ................ 6-186 et seq. Building inspector See: FENCES, WALLS, HEDGES AND Authority to stop work if contrary to ENCLOSURES public welfare ................... 6-5 Flood damage prevention................ 84 et seq. Electrical inspector, building inspector See: FLOOD DAMAGE PREVENTION as .............................. 6-102 Florida Building Code, administrative Plumbing inspector, building inspector amendments to. See herein: Adminis- as .............................. 6427 tration Swimming pool inspection ............ 6-213 Inspections. See herein: Permits and In. Citations; unlicensed contractors; failure spections to obtain a building permit Land development 94 et seq. Administrative hearings; accrual of pen- See: LAND DEVELOPMENT alties ................. Does ...... 6-278 Mechanical code Appeals of code enforcement board deci- Adopted ............................. 6-146 sions ........................... 6-279 Definitions, .......................... 6-147 Citation authorized for construction con- Fee .................................. 6-149 tracting violations ............... 6-272 Mechanical inspection ................ 6448 Citation form ........................ 6-273 Occupant Correction of violation; payment of pen- Definitions and rules of construction ... 1-2 alty; notice of hearing ........... 6-277 Outdoor display/billboard. . 0 4 4 4 * 0 0 6 9 0 0 a 0 4 16-77 et seq. Findings ............................. 6-271 See: SIGNS AND ADVERTISING Intent and purpose ................... 6-270 Owner Notices .......... Posse ............... 6-281 Definitions and rules of construction... 1-2 Supp. No. 6 3113 WINTER SPRINGS CODE Section Section BUILDINGS (Cont'd.) CAMPAIGNS. See: ELECTIONS Keeping surrounding property clean, re- CANALS sponsibility re ................... 13-3 Permits and inspections Prohibitions ............................ 13-2 Failure to obtain building permit. See CANDIDATES. See: ELECTIONS herein: Citations; Unlicensed Con- tractors; Failure to Obtain a Build- CANVASSERS. See: PEDDLERS, CANVASS- ing Permit ERS AND SOLICITORS Signs; building permit required........ 16-53 CARPORT SALES Plumbing Plumbing code adopted ............... 6-126 At-home sales. " " " " " " " • " " • ' • "4 10-137 Terms defined, .... 0 ad Nodded 0 be 6427 CATS PUD zoning districts Animal regulations generally ............ 4-1 et seq. Setback requirements (minimum) ..... 6-86 See: ANIMALS AND FOWL Purpose................................ 64 Restricted hours of building construction CERTIFICATES, CERTIFICATION or installation or construction of sub- Sewerage revenue generation system division improvements ............. 11-6 Accountant certification of adequate Screen enclosures ....................... 6-85 maintenance.................... 19429 Storage CHURCHES Temporary storage structures ......... 6-87 Ail„ lt. PntPrta;nmPnt eetahlbo'bments Swimming pools ........................ 6-210 et seq, prohibited locations .................. 10-101 See: SWIMMING POOLS Alcoholic beverage sales prohibited near.. 3-2 Television dish antennas ................ 6-83 Noise provisions ........................ 13-28 Uniform building numbering system Administration and assignment of num- Prohibited locations Sexually oriented businesses esses dood, 10-101 hey............................. 0_373 Code enforcement board authority ..... 9-376 CITY Definitions ........................... 9-370 Definitions and rules of construction ..... 1-2 Establishment of system .............. 9-372 Use of city athletic facilities; fees ....... a 2-2 Posting of numbers .................. a 9-374 Purpose ............................. 9-371 CITY CLERK Unsafe buildings Election Court action to compel compliance or Additional duties re .................. 2-95 prosecution upon disregard of no- Supervisor, city clerk as, a 9 a 9 a 4 6 0 9 0 9 4 a 6 2-81 tice ............................. 6468 CITY COMMISSION Notice of unsafe building to be served on Definitions and rules of construction ..... 1-2 person having interest in building; Recall of elected officials ................ 2-26 method of service, a 0 a 0 * 0 * 0 6 0 9 0 0 0 6 6-167 Zoning action; city commission authority . 20-27 Standards for repair or removal ....... 6466 Unsafe building abatement code CITY MANAGER Adopted ........................... 6465 City -owned property, responsibilities re... 2-192 Vacating unsafe buildings and closing CODE ENFORCEMENT adjacent streets ................. 6469 Violations, penalty ...................... 6.4 Citation contents ....................... 2-69.6 Zoning regulations ...................... 204 et seq. Citation procedure...................... 2-69.1 See: ZONING Code enforcement board ................. 2-56 et seq. Code enforcement officers BURNING Authority, ........................... 2-69 Open-air burning regulated .............. 7-26 Designation, qualifications, training ... 2-68 Definitions ............................. 2-67 BUSES. See: MOTOR VEHICLES AND TRAF- Delivery of warning notices, citations..... 2-69.2 FIC Disposition of citations, civil penalties .... 2-69.7 Intent.................................. 2-66 C Procedures to pay, contest citations ...... 2-69.5 Provisions supplemental, . a * * a 0 9 P 4 0 0 6 0 9 a 4 2-69.8 CABARETS Violation classification; civil penalty, ..... 2-69.3 Adult entertainment establishments ..... 10-55 et seq. Violations, schedule of, .................. 2-69A See: ADULT ENTERTAINMENT ES- TABLISHMENTS, SEXUALLY CODE ENFORCEMENT BOARD ORIENTED BUSINESSES Appeals ................................ 2-63 Supp. No. 6 3114 CODE ENFORCEMENT BOARD (Cont'd.) Building numbering system, authority red Code inspector; duty ...................a Creation............................... Duration of lien. . 0 a 0 a a a 6 4 0 4 4 a a 4 4 0 4 0 4 0 4 a . Election of officers; quorum; compensation; expenses .......................... Hearing ................................ Lien Application for satisfaction or release of Durationof .......................... Membership; appointment; qualification, . Notices. . a 0 0 9 a 0 0 0 0 1 a 0 a 4 0 0 0 0 4 4 0 Powers................................. Provisions supplemental, a 4 4 4 0 6 4 a 6 6 a 4 0 a 6 . Wastewater system, enforcement board.. . CODE OF ORDINANCES* Additions and amendments deemed incor- porated in Code, . 0 6 0 9 a 0 0 a a 0 6 0 4 4 a 0 0 9 Altering Code. a a 4 a a a 4 a 0 0 0 a a a a 0 a a 0 0 0 0 0 a 6 a Amendments to Code; affect of new ordi- nances; amendatory language...... . Catchlines of sections ................... Certain ordinances not affected by Code . . Definitions ............................. General penalty; continuing violation; vio- lation as public nuisance .......... . History notes ........................... How Code designated and cited ........ 0 . Prior offenses, rights, etc., Code does not affect............................. References and editor's notes ........... . References to chapters or sections....... . Repeal of ordinances, affect of .......... . Severability of parts of Code ............ . Supplementation of Code ............... . COMMITTEES AND COMMISSIONS. See: DEPARTMENTS AND OTHER AGEN- CIES OF CITY COMPUTATION OF TIME Definitions and rules of construction .... . CONTRACTS AND AGREEMENTS Certain ordinances not affected by Code . . Code does not affect prior contracts, etc.. . Old age and survivors' insurance, execu- tion of agreement ................. . Supplementation of Code ............... . COUNTY Definitions and rules of construction .... . CODE INDEX Section Section COURTS 9-376 Court costs 2-59 Assessment and collection of; use...... 11-2 2-56 Unsafe building, court action re.......... 6468 2-62 CURFEW 2-58 Declaration of a state of emergency ...... 2-255 2-60 D 2-61.5 2-62 DANCE HALLS 2-57 Permit required; conduct ................ 10411 2-64 DEPARTMENTS AND OTHER AGENCIES 2-61 OF CITY 2-65 19-30 Beautification board ................... a 2-76 et seq. See: BEAUTIFICATION BOARD Boards, committees, commissions gener- ally 140 Appointments of boards and committees 2-42 144 Fee to appointed board members; waiver 2-41 City commission ........................ 2-26 141 City forestry office ...................... 5-5 1-3 Code enforcement board ................. 2-56 et seq. 1-7 See: CODE ENFORCEMENT BOARD 1-2 Definitions and rules of construction ..... 1-2 Election board .......................... 2-85 1-15 Fire department provisions.............0 74 et seq. 1-5 See: FIRE DEPARTMENT 14 Land development site plan review board. 9-341 et seq. See: LAND DEVELOPMENT 1-9 Officers' and employees' pension plan, board 1-6 of trustees re ...................... 14-52 1-4 Planning and zoning board .............. 20-51 et seq. 1-8 See: ZONING 1-13 Public nuisance abatement board ........ 13-70 et seq. 142 See: PUBLIC NUISANCE ABATEMENT BOARD Public service tax; exempted entities ..... 18-30 Traffic violations bureau, . 0 6 6 4 a 0 0 a 0 0 0 0 0 a 4 12-28 Zoning board of adjustment, a 4 6 6 a a 0 9 a 9 a 0 a 20-76 et seq. See: ZONING 1-2 DEVELOPMENT. See: PLANNING AND DE- VELOPMENT;See also: LAND DEVEL- OPMENT 1-7(1), 1-,,99 DISH ANTENNAS Television dish antennas ................ 6-83 14-27 DISORDERLY CONDUCT 1-12 Dance halls, disorderly conduct in........ 10-111 Noise provisions red . 4 0 a 0 a 0 a a 6 0 a 4 4 4 0 6 a 9 a 0 13-27 1-2 Note — The adoption, amendment, repeal, om *issions, effec- tive date, explanation of numbering system and other matters pertaining to the use, construction and interpretation of this Code are contained in the adopting ordinance and preface which are to be found in the preliminary pages of this volume. DISTRICTS Zoning districts ......................... 20-101 et seq. See: ZONING DOGS Animal regulations generally ............ 4-1 et seq. See: ANIMALS AND FOWL Supp. No. 6 3115 WINTER SPRINGS CODE Section Section DRAINS, DRAINAGE EMERGENCY MANAGEMENT (Cont'd.) Land development Termination of state of emergency........ 2-256 Drainage ditch fence required; when... 9-106 Weather emergencies, . 6 a 0 9 * 0 6 0 a a 4 6 me * 4 * 9 2-261 Drainage facilities.* a 4 Moog somotmoove * 0 9-242 Open drainage ditches; storm sewers .. 9-105 EMPLOYEES. See: OFFICERS AND EM- Storm water management, . a 4 0 a a 0 a 0 # a 0 9-241 PLOYEES DRUMS ENCLOSURES. See: FENCES, WALLS, Noise provisions ........................ 13-30 HEDGES AND ENCLOSURES DUMPSTERS ENERGY Definitions Boo 9-280 Building energy efficiency code .......... 6-6 Minimum screening requirements........ 9-281 ESCORTS AND ESCORT SERVICES Escort service, generally, . 0 6 6 9 0 4 0 0 0 0 a 0 0 * 0 10-81 E Special provisions relating to ............ 10-90 ELECTIONS EVACUATION Absentee voting, . 0 4 0 6 a 9 9 a 0 0 * 6 0 0 4 0 0 6 a 4 1 0 0 2-92 Declaration of a state of emergency Applicability of Code to election where ques- g Y • • • • • • 2-255 tions are submitted .........o am m o .. 2-94 EXCAVATIONS Candidates, qualification of, . 0 0 a a 0 0 6 6 9 a 0 0 2-87 Street excavations ...................... 17-76 et seq. Canvass of return ....................... 2-93 See: STREETS AND SIDEWALKS Uertain ordinances not affected by Code .. 14(16) City clerk, additional duties of ........... 2-95 EXPENDITURES Code enforcement board election ......... 2-58 Sewerage revenue generation system, ex - Determination of person elected.......... 2-84 penditures re ...................... 19428 Early voting exemption, ................. 2-96 FXPLOSTVES AND W ASTTNG AGENTS Election guard .......................... 2-86 Declaration of a state of emergency Election supervisor ..................... 2-8 g Y •••••• 2-255 Municipal elections to be general elections 2-83 Regulation of explosives ................. 7-27 Nonpartisanship required ............... 2-86 Political signs ......................... a 16-80 F Proclamation ........................... 2-82 FALSE ALARMS Qualifying fees ......................... 2-88 Recall of elected official ................. 2-26 Service fee e ........................... 13-59 Registration of voter ................... 9 2-89 Waiver of fee ........................... 13-60 Vacancy in office ........................ 2-87.1 Warning notice ......................... 13-58 Voting machines ....................... s 2-91 FENCES, WALLS, HEDGES AND ENCLO- Voting places ........................... 2-90 SURES ELECTRICITY Barbed wire permissible, when .......... 6-189 Electrical code adopted, ................. 6401 Building numbers to be affixed to walls, Electrical inspection ...................a 6-103 fences, etc......................... 9-374 Fees ................................... 6-104 Construction material................... 6487 Flood damage control ................... 8-2 Drainage ditch fence required, when ..... 9406 Municipal public service tax ............. 18-26 et seq. Exceptions to provisions................. 6488 See: TAXATION Height limitations generally ............. 6490 Swimming pools, electrical requirements Permit required ........................ 6486 re ................................. 6-220 Property line, distance from ............. 6493 Terms defined .......................... 6402 Provisions not controlling; exception...... 6-194 Street, intersection, limitations when adja- EMERGENCY MANAGEMENT cent to ............................ 6491 Applicability of provisions ............... 2-252 Swimming pool enclosures............... 6-217 Certification of emergency conditions..... 2-265 Utility easements ....................... 6-192 Declaration of a state of emergency ...... 2-255 Definitions ............................. 2-251 FINANCES Fire emergencies. Dome 0 me 94406 be am 0 0 6 a a a 0 2-263 Bids, bidding Intent .................................. 2-250 When written bids required; waiver.... 2-152 Police emergencies... Dome ...... a 2-262 Budget Powers, duties, responsibilities........... 2-254 Certain ordinances not affected by Code 1-7(7) Structure, emergency management....... 2-253 Emergency procurement re state of emer- Suspension of local building regulations .. 2-264 gency ............................. 2-255 Supp. No. 6 0116 CODE INDEX Section FINANCES (Cont'd.) Fee Certain ordinances not affected by Code 14(17) Old age and survivors' insurance contribu- tion ............................... 14-28 Payment of money Certain ordinances not affected by Code 14(2), (17) Purchasing Purchasing policy and procedure estab- lished .......................... 2451 When written bids required; waiver.... 2452 Stormwater management utility fund .... 19467 FINES, FORFEITURES AND OTHER PEN- ALTIES Certain ordinances not affected by Code .. 14(1) Code does not affect prior forfeitures, pen- alties, etc, . 6 * $ * 6 4 0 V 9 V a 0 0 a a 0 a 0 0 0 a 0 0 4 1-9 Code enforcement citations ............. 0 2-69.1 et seq. Code violations General penalty; continuing violation; violations as public nuisances .... 1-15 Penalties for specific acts, omissions, etc. See specific subjects as indexed Repeal of ordinances, effect of............ 1-8 FIRE DEPARTMENT Created ................................ 7-2 Department division .................... 7-5 Deputy fire chief. 74 Fire chie£.............................. 7-3 Deputy fire chief ..................... 74 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- TIONAND PROTECTION FIRE PREVENTION See: ALARMS, ALARM SYSTEMS FIRE PREVENTION AND PROTECTION (Cont'd.) Florida Fire Prevention Code, local amend- ment to Appeal.............................. Automatic fire sprinkler systems ..... . Impact fee credits ................... . Procedure for ....................... . Hydrants. See herein: Fire Hydrants Open-air burning regulated .............. FIREARMS AND WEAPONS Declaration of a state of emergency ..... . Discharging or brandishing firearms .... . FIREWORKS Regulation of explosives ................. FLOOD DAMAGE PREVENTION Abrogation and greater restrictions ..... . Definitions ............................. Development permit ................... . Floodplain administrator Designation of ...................... . Duties and responsibility of .......... . Generalstandards ...................... Interpretation .......................... Lands to which provisions apply ........ . Noncompliance, penalties for ........... . Reducing flood losses, method of ........ . Regulatory floodways, standards for..... . Shallow flooding (AO zones), standards for areas of ........................... Small streams, standards for ........... . Special flood hazard Basis for establishing areas of........ . Designations, warning regarding area of Specific standards ..................... . Statement of purpose and objectives..... . Variance procedure ..................... Violations, penalties. . . Warning regarding area of special flood hazard designation........ W1690664* Section Ear IRE PREVENTION AND PROTECTION FFLORIDA. See: STATE Explosives, regulation of ................ 7-27 FLORIDA STATUTES. See: F.S. False alarms prohibited ................. 7-28 Fire department provisions .............. 74 et seq. FOLLOWING, PRECEDING See: FIRE DEPARTMENT Definitions and rules of construction ..... 1-2 Fire hydrants Approval and acceptance by city....... 7-80 FORFEITURE. See: FINES, FORFEITURES Installation specifications ............. 748 AND OTHER PENALTIES Land development FOWL. See: ANIMALS AND FOWL Required prior to building on lots ... 9-178 Obstruction of hydrants. . * s s 4 0 4 s 0 4 * 0 749 FRANCHISES On site static water supplies .......... 7-81 Certain ordinances not affected by Code .. 14(4) Parking near prohibited .............. 12-65 Tax in addition to franchise taxes ....... 0 18-29 Required... 0*460#60 *$too* 746 Responsibility for provision and mainte- F.S. nance ........................... 747 Definitions and rules of construction ..... 1-2 Supp. No. 6 3117 Section Ear IRE PREVENTION AND PROTECTION FFLORIDA. See: STATE Explosives, regulation of ................ 7-27 FLORIDA STATUTES. See: F.S. False alarms prohibited ................. 7-28 Fire department provisions .............. 74 et seq. FOLLOWING, PRECEDING See: FIRE DEPARTMENT Definitions and rules of construction ..... 1-2 Fire hydrants Approval and acceptance by city....... 7-80 FORFEITURE. See: FINES, FORFEITURES Installation specifications ............. 748 AND OTHER PENALTIES Land development FOWL. See: ANIMALS AND FOWL Required prior to building on lots ... 9-178 Obstruction of hydrants. . * s s 4 0 4 s 0 4 * 0 749 FRANCHISES On site static water supplies .......... 7-81 Certain ordinances not affected by Code .. 14(4) Parking near prohibited .............. 12-65 Tax in addition to franchise taxes ....... 0 18-29 Required... 0*460#60 *$too* 746 Responsibility for provision and mainte- F.S. nance ........................... 747 Definitions and rules of construction ..... 1-2 Supp. No. 6 3117 G GARAGE SALES At-home sales ......................... . Signs.................................. GARBAGE AND TRASH Dumpsters ............................. Garbage service to be provided for certain tenants ........................... Prohibitions ............................ GAS CODE Adopted................................ Definitions ............................. Fees................................... Inspection .............................. GAS, GASOLINE Flood damage control ................... Municipal public service tax ............ . See: TAXATION GENDER Definitions and rules of construction .... . GLASSWARE Prohibitions ............................ WINTER SPRINGS CODE Section 10-137 16-83 9-280, 9-281 6-240 6-241 6-243 6-242 8-2 18-26 et seq. GOLD Secondhand precious metals ............ 0 10-151 et seq. See: SECONDHAND PRECIOUS MET- ALS GONGS Noise provisions ....................... . GOODS, WARES OR MERCHANDISE Declaration of a state of emergency ..... . Peddlers and solicitors requirements .... . See: PEDDLERS, CANVASSERS AND SOLICITORS GRADES, GRADING Certain ordinances not affected by Code . . Land development, street grades generally 2-255 10-136 et seq. GRASS, LEAVES, UNDERBRUSH, ETC. Land development requirements re grass . 9-160 H HANDBILLS Signs and advertising regulations gener- ally ............................... 16-26 et seq. See: SIGNS AND ADVERTISING HEDGES. See: FENCES, WALLS, HEDGES AND ENCLOSURES HISTORICAL PRESERVATION Tree protection and preservation Definitions (historic, specimen trees)... 5-3 Specimen, historic trees, 5-8 HOSPITALS Noise provisions ....................... . HYDRANTS. See: FIRE PREVENTION AND PROTECTION I IMPACT FEES Florida Fire Prevention Code, local amend- ment to Impact fee credits. . Land development Police, fire, parks and recreation facili- ties............................. Transportation impact fees........... . See: LAND DEVELOPMENT IMPOUNDMENT Motor vehicle impoundment ............ . IMPROTVEMENTS. See: PUBLIC WORKS �1VL T1V/IM VV i1T1 4 V1 IN THE CITY Def"mitions and rules of construction .... . IN WRITING, WRITTEN T)efmitio7s aiid r ICID; ui CUILAI l(Iluli .... . INDEBTEDNESS OF CITY Certain ordinances not affected by Code . . INDECENCY AND OBSCENITY Adult entertainment establishments, sex- ually oriented businesses Obscenity, indecent exposure unlawful. INVENTORIES City -owned property inventory........... Section 9-391 et seq. 9-386.1 et seq. 1-2 1-2 IRRIGATION SYSTEM Reclaimed water system ................. 19-136 et seq. See: UTILITIES K KENNELS Zoning regulations. 20416 L LAKES Prohibitions ............................ 13-2 Supp. No. 6 3118 [The next page is 3121] Section Section LAND DEVELOPMENT LAND DEVELOPMENT (Confd.) Alleys. See herein: Streets and Alleys; See Open drainage ditches; storm sewers .. 9405 also herein: Design Standards Public sites and open spaces, exception 9403 Blocks. See herein: Lots and Blocks; See Septic tanks ........................ a 9407 also herein: Design Standards Streets and alleys Bridges, required improvements ......... 9-205 Access streets, paving of............ 9450 Building on lots, required improvements to Alleys ............................. 9458 be completed prior to; exception..... 9-178 Cul-de-sac; dead ends .............. 9-152 Certain data to be submitted prior to into Easements ........................ 9459 stallation of improvements ......... 9-177 General layout; connections with exec Comprehensive plan .................... 15-26 et seq. isting streets ................. 9453 See: PLANNINGAND DEVELOPMENT Grades generally, - g y••••••••• 9-148 Concurrency administration and evaluaGrassing, mulching, sodding........ 9460 tion procedure Half streets ....................... 9454 Appeal procedures A eat notice and heaein 9-541 Intersections ...................... 9-155 pp g' ' ' ' ' ' ' ' ' ' Minimum rights -of --way and paving Appeal of city commission .......... 9-542 width ................ moss**** 9447 Notice of appeal ...........soma.... 9-540 Naming streets .................... 9-298 Concurrency administration Paved, streets and alleys to be ...... 9-149 Concurrency certificate ............. 9-533 Paving costs....................... 9451 Concurrency review ................ 9-531 Paving of access streets ............ 9-150 Conditional approvals .............. 9-532 Private streets..................... 9457 Development review committee tests 9-530 Street names ...................... 9456 Level of service standards (LOS) Typical street sections, . a 0 a a a a 0 a 4 a 0 0 9-296 Introduction ....................... 9-510 LOS ..........................mess 9-513 Utilities services to be underground, exec Parks and recreation LOS.......... 9-514 ception ........................0 9-104 Potable water LOS* a am a 0 0 0 4 a 0 0 0 0 0 0 0 9-511 Valley gutters........................ 9-297 Solid waste LOS .................. a 9-512 Developer responsibility and control...... 9481 Storm water LOS .................. 9-515 Drainage Transportation LOS................ 9-516 Facilities ............................ 9-242 Overview and exemptions Fence required for ditches, when ...... 9406 Application submittal .............. 9-502 Open drainage ditches; storm sewers .. 9-105 Change of use ............moos ..... 9-504 Storm water management, a 4 0 0 & 4 0 0 4 0 a 0 9-241 Definitions ....................... 0 9-501 Driveways Demolitions ....................... 9-505 Entrances ........................... 9-299 Purpose of concurrency evaluation .. 9-500 Generally ............................ 9-222 Curbs Dumpsters Inlets., .... sovq*aom meets$#* *441 estate 9-300 Definitions........................... 9-280 Required improvements. . 0 0 0 0 0 0 0 0 0 0 a 0 a 9-223 Minimum screening requirements ..... 9-281 Sections, alternate, . a a a a W 0 a 0 a 0 0 0 a 0 a a 9 W 9-301 Easements Definitions ............................. 9-1 Design standards..................... 9459 Design and certification of improvements, Required improvements. a a 0 9 a & 4 4 4 0 a 0 4 9 9-223 responsibility for, a 0 a 0 a a 0 4 a 0 0 a 4 0 0 0 0 a 9476 Enforcement and penalties .............. 9-7 Design standards Entire tract to be used; landlocked areas Alternate curb sections ............... 9-301 prohibited ........................0 9402 Classification ....................... 0 9-146 Final development plan, final plat Curb inlets ......................... o 9-300 Action on final development plan; expi- Drainage ditch fence is required, when. 9406 ration of approval ............... 9-74 Driveway entrances .................. 9-229 Approval of final plat ................. 9-77 Entire tract to be used; landlocked areas Bonding procedures .................. 9-76 prohibited ...................... 9-102 Final plat, contents and recording pro - Generally ............................ 9-101 cedures......................... 9-75 Lots and blocks Form and contents of final development Clearing of rights -of --way ........... 9429 plan........ cocoa mom 9-73 General requirements ............. a 9426 Processing of final plans .............. 9-72 Lot dimensions; minimum street front- Recording/distribution of the final plat . 9-78 age .......................... 9427 When final development plan is to be Lots not to be divided by municipal filed; extension...... 9-71 boundaries ................... 9428 Gutters ................................ 9-223 Supp. No. 6 3121 WINTER SPRINGS CODE Section LAND DEVELOPMENT (Cont'd.) Impact fees Police, fire, parks and recreation facili- ties ............................. 9-391 et seq. Transportation impact fees............ 9-386.1 et seq. Inspections and tests .................... 9-179 Irrigation utilizing reclaimed water system 19-136 et seq. See: UTILITIES Lots and blocks Clearing of rights -of -way. .............. 9429 General requirements ................ 9426 Lot dimensions; minimum street front- age ............................. 9427 Lots not to be divided by municipal boundaries... a be& ease ease 0409094 9428 Maps, engineering plans and plats to be submitted in preliminary and final form.............................. 9-26 Minimum community appearance and aes- thetic review standards Application criteria... as to 04 be 0*0*4 60 1 9-605 Approval prerequisite for permits...... 9-601 Building permits; enforcement ....... 0 9-606 Duration of approval ................. 9-604 Minimum standards; compliance with other Code provisions............ 9-602 Pvoee{lilt'G'........................... 0 9-603 Statement of findings and purpose..... 9-600 Monuments ............................ 9480 Nonconformities Abandonment .......................6 9-565 Building and fire codes ............... 9-561 Continuance of lawful uses and struc- tures ........................... 9-562 Definitions ........................... 9-561 Intent..............................9 9-561 Lots of record ........................ 9-563 Repairs and maintenance ............ 4 9-566 Rules of interpretation, a 4 6 6 a 9 a 0 4 6 6 a 9 & 4 9-561 Special permit ....................... 9-568 Temporary uses ...................... 9-567 Uses of structures or of structures and premises in combination ......... 9-564 Nonplatted property, sale of ............. 9-2 Off-street parking and loading Commercial vehicles .................. 9-279 Definitions ........................... 9-276 General provisions for off-street parking 9-278 Off-street parking requirements ....... 9-277 Platted property, dividing, . 0 a a * 4 6 # 9 a 9 9 & 4 6 9-3 Police, fire, parks and recreation facilities impact fees Appeal .............................. 9-391.12 Applicability and exemptions.......... 9-391.3 Capital expansion plans .............. 9-39L8 Credits .............................. 9-391.6 Definitions ........................... 9-391.2 Generally ............................ 9-391 Levy; purpose ........................ 9-391.1 Payment of fees ...................... 9-391.5 Supp. No. 6 3122 Section LAND DEVELOPMENT (Cont'd.) Penalty for violation .................. 9-391.11 Refunds ............................. 9-391.9 Trust fund ........................... 9-391.7 Vested rights ......................... 9-391.10 Preliminary plan Action on preliminary and plan by city council ......................... 9-47 Approval of preliminary plan to be con- strued only as authority to submit final plan ....................... 9-49 Filling and contents of preliminary map and plan ........................ 946 Reasons when preliminary plan is dis- approved; conditional approval ... 948 Public sites and open spaces, exception ... 9-103 Required improvements Adequate access to building sites ...... 9478 Bridges..... . ema*06664 beg saw seem 4*0*0 9-205 Building on lots, required improvements to be completed prior to; excep- tions ........................... 9-178 Certain data to be submitted prior to installation of improvements ..... 9-177 Curbs, gutters, easements, a 6 a a 0 0 # * 6 a 9 P 9-223 Developer responsibility and control ... 9481 Drainage Drainage facilities ................. 9-242 Storm water management .......... 9-241 Driveways ........................... 9-222 Fire hydrants in operation ............ 9478 Inspections and tests ................. 9-179 Monuments .......................... 9-180 Off-street parking and loading Commercial vehicles ............... 9-279 Definitions ........................ 9-276 General provisions for off-street park- ing ........................... 9-278 Off-street parking requirements .... 9-277 Responsibility for design and certifica- tion of improvements ............ 9-176 Sidewalks, a 4 4 6 0 6 6 a a 4 4 0 * 6 6 9 a 0 0 0 0 6 9 a P 4 4 9-221 Streets Markers, a a a 9 a 0 0 4 6 6 9 a 0 a 0 4 0 a a 9 a 4 0 0 0 0 9-203 Right -turn deceleration lanes ...... 4 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, . * 6 a 9 P 4 * 0 0 0 0 a 4 * 0 6 6 9-261 Water and sewer systems, requirements for ............................. 9-261 Septic tanks ............................ 9407 Sewer systems, requirement for.......... 9-261 Sidewalks .............................. 9-221 Site plan review Site plan review board Appeals... a boo 90406600mom sea 60 a * 4 0 9-348 Clerical support and records ....... 0 9-343 LAND DEVELOPMENT (Cont'd.) Creation.......................... Duties ............................ Meetings, Procedures, regulations and fees ... . Prohibitions ....................... Purpose; composition .............. . Violations, penalty, ............... . Soil, rock, etc., removal. . a 9 0 9 a a * 0 . Streets and alleys Access streets, paving of ............. . Alleys............................... Classification ........................ Cul-de-sacs; dead ends. . Easements ........................... General layout; connections with exist- ing streets ...................... Grassing, mulching, sodding ......... . Halfstreets .......................... Intersections ......................... Minimum rights -of --way and paving width Naming streets, . # 6 * 6 0 * * 6 . * * 0 * % 0 * 6 * 0 6 . Paved, streets to be, & 4 0 a s 0 s s & * 0 & a 0 * 4 & . Pavingcosts ......................... Paving of access streets ............... Private streets ....................... Required improvements Right -turn deceleration lanes ...... . Roadway base material, standards for Streetmarkers .................... Streetlights and traffic signs....... . Surfacing of streets, standards for . . Roadway base materials, standards for Street grades, generally, . 4 4 0 0 0 s * 4 * 4 4 * * Street markers ....................... Street names ......................... Streetlights and traffic signs ......... . Surfacing of streets .................. . Typical street sections ................ Subdivision requirements, waiver to..... . Transportation impact fees Appeals of impact fee determinations . . Authority and applicability........... . Building permits Limitations on issuance of......... . Credits.............................. Definitions ........................... Exemptions.......................... Impact agreement ................... . Independent impact fee calculation ... . Intent and purpose ................... Penalty.............................. Presumption of maximum impact..... . Return of funds ..................... . Review .............................. Road impact fees Collection of fee assessments ...... . Determination of. . . Rate schedule ..................... Total road impact fee calculations .. . CODE INDEX Section Section LAND DEVELOPMENT (Cont'd.) 9-341 9-347 9-344 9-345 9-346 9-342 9-349 9-8 Rules of construction ................. Short title ........................... Site -related road improvements ....... Trust fund, establishment of .......... Use of funds collected................. Vested rights ......................... Uniform building numbering system ..... See: BUILDINGS 9-386.3 9-386.1 9-386.13 9-386.15 9-386.17 9-386.12 9-370 et seq. Utilities 9-150 9458 Services to be underground, exception . 9-104 Water and sewer systems, requirements 9-146 9-152 9459 9453 for ............................. Valley gutters .......................... Variances .............................. Appeals from granting of. ............. Vested rights 9-261 9-297 9-5 9-6 9460 9454 9-155 9447 9-298 9-149 Appeals., ............................ 9-402(b) Application for special use permit ..... 9-402(a) Determining, standards for ........... 9-403 Intent ............................... 9-401 Limitations on determination ......... 9-404 Water and sewer systems, requirements 9451 9-150 9457 for ................................ Zoning regulations ...................... See: ZONING 9-261 20-1 et seq. 9-206 9-201 9-203 9-204 9-202 9-201 9-147 9-203 9-156 9-204 9-202 9-296 -4 9 9-386.21 9-386.1 9-386.5 9-386.11 9-386.4 9-386.14 9-386.10 9-386.8 9.386.2 9-386.20 9-386.9 9-386.18 9-386.19 9-386.16 9-386.6 9-386.7 9-386.8 Supp. No. 6 3123 [The next page is 3129] CODE INDEX Section Section LICENSES AND PERMITS MAY, SHALL Adult entertainment establishments, sex- Definitions and rules of construction boob. 1-2 ually oriented businesses ........... 10-58 et seq. See: ADULT ENTERTAINMENT ES- MAYOR TABLISHMENTS, SEXUALLY Election proclamation ................... 2-82 ORIENTED BUSINESSES MECHANICAL CODE Awnings, permit for erection over side- Code adopted........... 6-146 walks... some som 960*9 a 010 0 0 17-51 et seq. Definition .............................. 6447 See: STREETS AND SIDEWALKS Fees ................................... 6-149 Dance hall permit. . 4 * # 0 0 a a a a 0 a V 0 0 10-111 Inspection.............................. 6448 Excavation permit ...................... 1746 Fences, walls, hedges, permits ........... 6486 MERCHANDISE. See: GOODS, WARES OR Flood damage control development permit 8-33 MERCHANDISE Industrial wastewater contribution permit 19-52 Minimum community appearance and aes- MINORS thetic review standards Adult entertainment establishments, sex - Approval prerequisite for permits...... 9-601 ually oriented businesses Building permits ..................... 9-606 Unlawful provisions.................. 10-87 Nonconformities Alcoholic beverage sales near schools pro - Special permit ....................... 9-568 hibited............................ 3-2 Occupational license taxes Secondhand precious metals, dealing with Delinquency penalty established....... 10-32 persons under age eighteen years pro - License taxes established ............. 10-29 hibited............................ 10A55 License year established .............. 10-27 MOBILE HOMES AND MOBILE HOME Limitation on term; half -year licenses.. 10-28 PARKS Required, ............................ 10-26 Zoning regulations for trailers and mobile Revocation............. boom so 10-31 Transfer of license .................... 10-30 homes............................. 20-91 et seq. See: ZONING Peddlers and solicitors permit ........... 10-136 et seq. See: PEDDLERS, CANVASSERS AND MONTH SOLICITORS Definitions and rules of construction ..... 1-2 Sign permit ............................ 16-53 et seq. See: SIGNS AND ADVERTISING MONUMENTS Street and sidewalk permit .............. 17-1 et seq. Land development monuments........... 9480 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 ........ 12-54 Application for satisfaction or release of 2-61.5 Prohibited ........................... 12-53 Public nuisance abatement board .boob... 13-76 Adoption of state law .................... 12-2 Buses LIQUOR. See: ALCOHOLIC BEVERAGES Stands, use of ........................ 12-68 Citations LITTERING Alteration or destruction .............. 12-32 Nuisance provision, . 13-2 Failure to obey....................... 12-31 Streets, sidewalks, etc., littering ......... 17-28 Issuance ............................. 12-29 LOCAL IMPROVEMENTS. See: PUBLIC Cleaning, repairing vehicles on roadway.. 12-66 WORKS AND IMPROVEMENTS Definitions ............................. 124 Fines for violations ..................... 12-30 LOUDSPEAKERS Gongs, sirens on vehicles, noise provisions 13-32 Noise provisions ........................ 13-30, 13-31 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 Land development requirements....... 9-155 MAPS. See: SURVEYS, MAPS AND PLATS Obstructions ......................... 17-30 Supp. No. 6 3129 MOTOR VEHICLES AND TRAFFIC (Cont'a. ) Stop intersections Certain ordinances not affected by Code., .... 0 6 9 V 4 a Land development Off-street parking and loading ....... . See: LAND DEVELOPMENT Mobile homes to be parked in mobile home parks; exception ........Dome....... Off-street parking and loading Generally ............................ Land development requirements...... . See: LAND DEVELOPMENT Zoning regulations ..................4 See: ZONING One-way streets Certain ordinances not affected by Code Parking, stopping and standing Bus, taxi stands, use of .............. . Chief of police, powers and duties re nsrlcing of irahirlaG Cleaning, repairing vehicles on roadway Impoundment and redemption of ille- gally parked vehicles ............ Land development requirements for off- str^et pni•lcing and loading ...... . See: LAND DEVELOPMENT Loading or unloading zones .......... . Mobile homes to be parked in mobile home parks; exception .......... . No -parking areas Certain ordinances not affected by Code. a a P 0 0 6 & 9 m 0 0 4 a a m 4 4 a 6 0 9 a 0 0 Obedience to signs, markings ....... a . Off-street parking and loading Land development requirements ... . See: LAND DEVELOPMENT Zoning regulations ................. See: ZONING Prohibitions, generally ................ Stop intersections Certain ordinances not affected by Code* 4 0 6 0 a 0 a 0 0 a a 9 m a 0 0 0 0 9 a 0 a 6 a Police department Chief of police, duties and powers of re operation and parking of vehicles. Citation Alteration or destruction of......... Failure to obey .................... Issuance of ........................ Referral of parking violations to hear- ing officer ................... . Duties to regulate motor vehicles and traffic .......................... Fines for violations ................... Traffic violation bureau, powers and du- ties of .......................... Regulations generally ................... Supp. No. 6 WINTER SPRINGS CODE Section Section MOTOR VEHICLES AND TRAFFIC (Cont'd.) Skateboarding, roller skating, in4ine skat- ing, other similar activities on human- 1-7(14) propelled devices., Disease* 6 13-62 Speed limits 9-276 et seq. Certain ordinances not affected by Code 1-7(14) Vehicular speed limits ................ 12-52 Taxicabs 1240 Passenger rates Certain ordinances not affected by 12-69 Code......... a amoebae Otis Moo 0 14(13) 9-276 et seq. Stands, use of, a 6 6 a a 0 0 0 6 6 0 4 a 0 0 0 0 0 0 0 0 0 P 12-68 Traffic violation bureau, powers and duties 20-128 et seq. of ................................. 12-28 Traffic -control signs, signals and devices Certain ordinances not affected by Code 1-7(14) 1-7(14) Land development; streetlights and traf- fic signs ........................ 9-204 12-68 Obedience to ......................... 12-67 Truck routes 10 ov Certain ordinances not affected by Code 1-7(14) �AmdViolations, fines for ..................... 12-30 12-66 Referral of parking violations to hearing 12-54 Zones officer .......................... 12-33 Loading and unloading zones.......... 12-69 -27C A ::cq. Zoning regulations ibr motor vehicles..... 20-431 et seq. See: ZONING 12-69 MULCHING 1240 Land development requirements ......... 9-160 N NOISE 12-67 Animals, birds, ......................... 13-34 Disorderly conduct ...................... 13-27 9-276 et seq. Drums, loudspeakers, etc, . 0 4 0 4 a a 9 0 0 0 0 9 a a 13-30 Gongs, sirens on vehicles ................ 13-32 20-128 et seq. Mechanical loudspeakers, amplifiers ..... 13-31 Peddlers, hawkers, vendors .............. 13-28 12-65 Prohibited generally .................... 13-26 Radios, phonographs, etc., playing ...... a 13-33 School, church, hospital zones ........... 13-28 1-7(14) NUDITY Nudity prohibited upon alcohol licensed 12-27 premises and bottle clubs........... 340 NUISANCES 12-32 Definitions ............................ 4 Mail 12-31 Duty of owners of buildings to keep sur- 12-29 rounding property clean; notice; fail- ure to comply with notice........... 13-3 12-33 Fire and security alarms ................ 13-51 et seq. See: ALARMS AND ALARM SYSTEMS 12-26 General prohibition ..................... 134 12-30 Noise .................................. 13-26 et seq. See: NOISE 12-28 Procedure for city enforcement of non- 12-51 imminent hazards ................. 134 01 30 NUISANCES (Confd6 Prohibitions ............................ Public nuisance abatement board ....... . See: PUBLIC NUISANCE ABATEMENT BOARD Skateboarding, roller skating, in -line skat- ing, other similar activities on human - propelled devices........ me . Swimming pool nuisances ............. 4 . NUMBER Definitions and rules of construction .... . 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 ............ . 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 ............................ 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. s 0 0 0 0 0 0 0 4 s * 4 0 * 0 0 0 # t Election supervisor ..................... Emergency management director ....... . Fire chief..... oo*to*o99s%m me Deputy fire chief .................... . Floodplain administrator ................ See: FLOOD DAMAGE PREVENTION Old age and suiwivors' insurance Adoption of title II social security act . . Contribution ......................... Custody offund...................... Execution of agreement .............. . Extension of benefits ................ . Record ............................... Pension plan Adopted ............................. Board of trustee ...................... CODE INDEX Section Section OFFICERS AND EMPLOYEES (Cont'd.) 13-2 Personnel rules or regulations 13-70 et seq. Certain ordinances not affected by Code 1-7(11) Policy, rules and regulations ............. 144 Recall of elected officials ................ 2-26 OFFICIAL TIME 13-62 Definitions and rules of construction ..... 1-2 6-222 OLD AGE AND SURVIVORS INSURANCE. See: OFFICERS AND EMPLOYEES 1-2 OPEN-AIR BURNING Regulated.............................. 7-26 P 1-2 PARKS AND RECREATION Adult entertainment establishments, sex- ually oriented businesses Prohibited locations .................. 10401 Concurrency administration and evalua- tion procedure 11-2 Level of service standards (LOS) for parks and recreation ............ 9-514 114 Land development 2-69.4 Impact fees (police, fire, parks and rec- 1-9 reation facilities) ................ 9-391 et seq. 11-5 Public grounds 1-8 Definitions and rules of construction ... 1-2 114 Use of city athletic facilities; fees. 2-2 540 11-3 PEDDLERS, CANVASSERS AND SOLICI- TORS Alcoholic beverage vendors in town center 3-3 6-5 et seq. At-home sales .......................... 10437 14(18) Noise provisions ........................ 13-29 Transient or itinerant solicitors; permit 5-5 2-59 required; prerequisite to issuance ... 10-136 2-67 et seq. PENSIONS AND RETIREMENT Officers' and employees' pension plan .... 14-51 et seq. See: OFFICERS AND EMPLOYEES 145 1-2 PERFORMANCE BONDS. See: BONDS, 74 SURETY OR PERFORMANCE 2-81 PERSON 2-253 et seq. Definitions and rules of construction ..... 1-2 7-3 74 PHONOGRAPHS 8-31 et seq. Noise provisions ........................ 13-33 PLANNING AND DEVELOPMENT 14-30 Comprehensive plan 14-28 Adherence to law ..................... 15-28 14-31 Adopted ............................. 15-26 et seq. 14-27 Compliance., 15-27 14-26 Distribution of copies ................. 15-29 14-29 Comprehensive plan amendments Advertisement of public hearing....... 15-39 14-51 Application deadline .................. 15-32 14-52 Authority, purpose and intent ......... 15-30 Supp. No. 6 0101 PLANNING AND DEVELOPMENT (Cont'us) City commission transmittal public hear- ing............................. Department of Community Affairs com- ments .......................... Effectiveness of the adopted amend- ment........................... Exemptions .............................. . Initiation of amendments ............ . Local planning agency review and rec- ommendation .................. . Review Criteria ........................... Procedure ......................... Transmittal of adopted amendment to the Department of Community Af- fairs ............................ Impact fees Police, fire, parks and recreation facili- ties............................. Transportation facilities ............ 6 . Land development ...................... See: LAND DEVELOPMENT Master beautification plan, . 0 0 0 9 a a 4 4 0 6 a 9 . See also: BEAUTIFICATION BOARD Tree protection and preservation 1 i'OLE,i;"t�luil liU1111g lleVt;1up111C316, consLr'uc' tion; periodic inspection.......... Zoning regulations generally. . 0 4 6 6 9 a a * 0 0 6 See: ZONING WINTER SPRINGS CODE Section PRECEDING, FOLLOWING Definitions and rules of construction .... . 15-38 PRECIOUS METALS. See: SECONDHAND 1540 PRECIOUS METALS PRISONS AND PRISONERS 15-43 Code violations 15-33 General penalty; continuing violation; 15-31 violation as public nuisance ..... . 15-37 PROCEEDINGS. See: SUITS, ACTIONS AND OTHER PROCEEDINGS 15-36 15-35 9-391 et seq. 9-386 et seq. 9-1 et seq. 5-14 20-1 et seq. PLATINUM Secondhand precious metals ............. 10-151 et seq. See: SECONDHAND PRECIOUS MET- ALS PLATS. See: SURVEYS, MAPS AND PLATS PROPERTY Abandoned property, disposition by city.. . City -owned personal property Definition., as too* Poe ease Messiest 0 4 f 0 6 Disposal of surplus property .......... Identification; records; inventory ..... . Property supervision and control ..... . Surplus property, disposal of.......... .n.Crliiiiiuiib allu Iuleo vi Cuixbbiucblult ... .. Handbill distribution upon residential prop- erty prohibited without consent of owner ............................. Real estate signs, a a * 0 a 9 a 0 0 4 4 6 a 0 0 9 0 4 a a a 9 9 PUBLIC NUISANCE ABATEMENT BOARD Appeal................................. Composition; term ..................... . Creation of the public nuisance abatement board ............................. Definitions ............................. Enforcement procedures ................. Intent and purpose ..................... Penalties; fines; liens; recording......... . Powers; duties; jurisdiction ............ 4 . PLAYGROUNDS PUBLIC PLACES. See: STREETS AND SIDE - Prohibitions ............................ 13-2 WALKS PLUMBING Cross -connection control, backflow preven- tion ..............................0 19-151 et seq. See: UTILITIES Fees................................... 6429 Inspection .............................. 6-128 Plumbing code adopted .................. 6426 Swimming pools, plumbing requirements re................................. 6-221 Terms defined .......................... 6-127 POLICE DEPARTMENT Emergencies, police ..................... 2-262 Land development Impact fees (police, fire, parks and rec- reation facilities) ................ 9-391 et seq. Traffic responsibility ................... 4 12-26 et seq. See: MOTOR VEHICLES AND TRAF- FIC POLITICS. See: ELECTIONS Supp. No. 6 3132 PUBLIC SERVICE TAX. See: TAXATION PUBLIC WORKS AND IMPROVEMENTS Code violation Penalty by labor on city works ...... 0 . Land development required improvements See: LAND DEVELOPMENT Local improvements Certain ordinances not affected by Code PURCHASING. See: FINANCES RADIOS Noise provisions ........................ RATIONING Declaration of a state of emergency ..... . REAL ESTATE Signs.................................. Section 1-2 2-1 1-15 9-176 et seq. 2-255 CODE INDEX Section Section RECLAIMED WATER SYSTEM. See: UTILI- SIGNS AND ADVERTISING (Cont'd.) TIES Bench signs ............................ 16-85 RECREATION. See: PARKS AND RECRE- Building permit required ................ 16-53 ATION Construction signs ...................... 16-81 Definitions ............................. 16-51 RETIREMENT. See: PENSIONS AND RE- Directional signs ........................ 16-84 TIREMENT Garage sale signs ....................... 16-83 ROCKS Handbills and procedures, distribution of Land development rock removal ......... 9-8 Aiding and abetting prohibited ........ 16-29 Exemptions from provisions, .......... 16-30 RUMMAGE SALES Findings of fact ...................... 16-26 At-home sales .......................... 10-137 Granting of variances................. 16-31 Residential property, distribution upon S prohibited without consent of owner 160027 SCHOOLS Vehicles in public places, distribution on Adult entertainment establishments, sex- or in prohibited ................. 16-28 ually oriented businesses Identification signs ..................... 16-86 Prohibited locations .................. 10401 Nonconforming signs.................... 16-56 Alcoholic beverage sales prohibited near.. 3-2 Outdoor display/billboards Noise provisions ........................ 13-28 Off -premises signs prohibited ......... 16-77 On -premises signs .................... 1648 SECONDHAND PRECIOUS METALS Permits Dealing with persons under age eighteen Building permit required. . 16-53 years prohibited ................... 10455 Exemption from permit requirement... 16-55 Definitions ............................. 10-151 Fee.................................. 16-54 Minors Political signs .......................... 16-80 Dealing with persons under age eigh- Prohibited signs ........................ 16-57 teen years prohibited............ 10455 Purpose and intent. 16-52 Storage of articles during waiting period . 10454 Transactions, register of, . 0 t 0 # 4 * 4 * * 0 0 0 0 0 0 10452 Real estate signs....................... 16-82 Waiting period prior to disposal of certain Skateboarding, rollerers skating, etc. Prohibition signs ..................... 13-62(d) property. .......................... 10-153 Standards generally, a 1646 SECURITY ALARM Traffic signs ........................... 4 12-67 Provisions generally, . 13-51 et seq. Variances .............................. 16-58 See: ALARMS, ALARM SYSTEMS Weather, 16-88 SEMINOLE COUNTY. See: COUNTY SILVER SEPTIC TANKS Secondhand precious metals ............. 10-151 et seq. Land development, septic tank require- See: SECONDHAND PRECIOUS MET- ments ............................. 9-107 ALS Wastewater system, private septic tanks re 19-29 SIRENS SEVERABILITY Noise provisions ........................ 13-32 Severability of parts of Code ............. 143 SEWERS. See: UTILITIES SKATEBOARDING, ROLLER SKATING, ETC. SHALL, MAY Prohibition; signs ....................... 130-62 Definitions and rules of construction ..... 1-2 SLOT MACHINES, DEVICES SHRUBBERY. See: TREES AND SHRUB- Prohibited; exceptions ................... 10415 BERY SIDEWALKS. See: STREETS AND SIDE- SODDING WALKS Land development requirements ......... 9460 SIGNATURE, SUBSCRIPTION SOIL Definitions and rules of construction ..... 1-2 Land development soil removal .......... 9-8 SIGNS AND ADVERTISING SOLICITORS. See: PEDDLERS, CANVASS - Banners ................................ 16-87 ERS AND SOLICITORS Supp. No. 6 3133 WINTER SPRINGS CODE Section 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 ........................... 746 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. . . Dedicatixig, naming, establishing, etc., streets Certain ordinances not affected by Code Definitions and rules of construction .... . Excavations Barricades, erection and lighting of... . Bond required, . 0 0 * a * 9 a a 0 0 4 4 * 0 0 0 9 a 0 a 9 4 Duty and liability of permit holder.... . Erection and lighting of barricades ... . Inspection ........................... Permit required ..................... . Fences, etc., limitations for streets ...... . Flood damage control ................... Grades Certain ordinances not affected by Code Handbill distribution in public places pro- hibited ............................ Intersections, obstruction of vision at..... Land development requirements for streets, alleys, bridges, etc... .... 0*6 be be am# . See: LAND DEVELOPMENT Littering Generally ............................ Prohibited ......... moo ..............o Locating, opening, paving, etc., streets Certain ordinances not affected by Code New street; permit required ............ . Obstructions Street intersections, vision at ......... Streets and sidewalks; permit required Permits Awnings erected over sidewalks, per- mits re ......................... See herein: Sidewalks 17-80 17-77 17-79 17-80 17-78 17-76 6-191 8-2 1-7(6) STREETS AND SIDEWALKS (Cont'd.) Excavation permits Duty and liability of permit holder . . Generally ......................... New street; permit required.......... . Obstructing streets and sidewalks; per- mit required ...................0 Public places Definitions and rules of construction.. . Rights -of -way permit fee election........ . Sidewalks At-home sales ........................ Definitions and rules of construction.. . Land development requirements...... . Permit for erection of awnings, etc., over sidewalks Fee............................... Required; application ............. . Transportation impact fees ............. . See: LAND DEVELOPMENT 1i•ees and shrubberv, removal nrobibited . Uniform building numbering system .... . See: BUILDINGS Unsafe buildings, closing streets for vacat- ing................................ Vacating and abandoning streets and al- leys............................... Violations, penalties. . 0 4 4 0 0 0 a 9 9 a 4 * a 0 0 9 a a . Widening, vacating, etc., streets Certain ordinances not affected by Code SUBDIVISIONS Certain ordinances not affected by Code . . Flood damage control standards ....... 0 . Land development ..................... . See: LAND DEVELOPMENT Planned unit developments, subdivision plan See: ZONING Zoning regulations generally, ........... . See: ZONING SUBSCRIPTION, SIGNATURE 16-29 Definitions and rules of construction .... . 17-30 SUITS, ACTIONS AND OTHER PROCEEDED et seq. INGS Repeal of ordinances, effect of........... . 13-2 SURETY BONDS. See: BONDS, SURETY 17-28 OR PERFORMANCE SURVEYS, MAPS AND PLATS 1-7(5) Certain ordinances not affected by Code . . 17-26 Land development platting requirements . See: LAND DEVELOPMENT 17-30 Zoning map 174 Certain ordinances not affected by Code Working maps and procedures......... 17-51 et seq. SWEAR OR SWORN. See: OATH, AFFIRMA- TION, SWEAR OR SWORN Supp. No. 6 3134 Section 17-52 17-51 9-386.1 et seq. 17-28 9-370 et seq. 6469 17-27 17-31 1-7(5) 1-7(10), (12) 8-51 94 et seq. 20-383 et seq. 20-1 et seq. 1-8 1-7(10) 9-1 et seq. 1-7(15) 20-102 SWIMMING POOLS Code adopted ........................... Conflict with deed restrictions .......... . Contractor's qualifications .............. . Definitions ............................. Design and construction requirements... . Electrical requirements ................ . Enclosure required.. . 0 0 a 0 4 # 4 a 0 0 4 4 0 # 0 6 W 0 General construction provisions for con- crete pools, . 0 6 0 * 9 0 a 0 4 0 4 0 4 4 # 0 t 0 * 0 # 0 W Inspection .............................. Nuisances .............................. Owner's privilege ...................... . Permit Application; plans and specifications .. . Plumbing requirements ................ . Stagnant water ......................... Yards.................................. TAXATION Certain ordinances not affected by Code . . Local improvements assessments Alternative method ................... Assessed areas and advisory committees Creation of advisory committees ... . Definition of assessed areas ...... 0 . Landowner petition process........ . Collection of assessments Alternative method of collection.... . Government property ............. . Method of collection ............... . Responsibility for enforcement ..... . Definitions ........................... General findings .................... . Interpretation; title and citation ...... . Issuance of obligations Anticipation notes ................ . General authority .................. Refunding obligations ............. . Remedies of holders ................ Taxing power not pledged ......... . Temporary obligations, . a a 0 a 0 M 0 & 4 a . Terms of the obligations ........... . Trustfunds ........................ Variable rate obligations .......... . Local improvement assessments Adoption of final local improvement assessment resolution ....... a . Annual local improvement assess- ment resolution ............... Authority ......................... Correction of errors and omissions . . Effect of local improvement assess- ment resolutions .............. Initial local improvement assessment resolution .................... Lien of assessments ................ Local improvement assessment roll . CODE INDEX Section 6-210 6-223 6-214 6-211 6-216 6-220 6-217 6-218 6-213 6-222 6-215 6-212 6-221 13-2(e) 6-219 18-82 18-84 1s-81 18-83 18-51 18-53 18-52 18-89 18-85 18-93 18-92 18-90 1s-88 18-86 18-91 18-87 18-64 Section TAXATION (Cont'd.) Notice by Mail, Publication ..................... Procedural irregularities ........... Revisions to ....................... Related service assessments 18-61 18060 18-67 18-66 Adoption of final related service as- sessment resolution ........... Annual related service assessment res- 18-74 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 18-77 Mail ...........................0 Publication ..................... Procedural irregularities ........... Related service assessment roll ..... Revisions to related service assess- 18-73 18-72 18-79 1841 ments ........................ Municipal public service tax 1848 Collection by seller ................... Exemptions .........................4 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 See: TAXATION TELEPHONES Emergency telephone number........... . Flood damage control .................. . Public service tax ....................... See: TAXATION TELEVISION Dish antenna ........................... TERRITORY Annexations Certain ordinances not affected by Code THEATERS Adult entertainment establishments .... . See: ADULT ENTERTAINMENT ES- TABLISHMENTS, SEXUALLY ORIENTED BUSINESSES TRAFFIC. See: MOTOR VEHICLES AND TRAFFIC 13-55 8-2 18-26 et seq. 10-55 et seq. Supp, No. 6 3135 TRAILERS. See: MOBILE HOMES AND MO- BILE HOME PARKS TRASH. See: GARBAGE AND TRASH TREES AND SHRUBBERY Injuring city -owned shade trees.......... Land development Clearing rights -of -way of trees ...... 4 . Streets, removal of trees and shrubbery on Tree protection and preservation Applicability ........................ . Authorization to adopt rules, regula- tions, fees for implementation ... . Calculating tree protection zone, (App. C to Chap. 5) City forestry office .................... Definitions., as a ago 0 sesame Page* 0#00 a on Desirable trees, (App. B to Chap. 5) Development, construction, protection during; periodic inspection ...... . iiiurceuieni; penalties ............... Intent, purpose. a 0 0 0 4 a 0 0 a 6 a 9 0 0 4 4 0 4 a 6 a a Minimum tree requirement .......... . Permit required: tree removal, land clear- ing; separate violations; criteria; coutracw pcliui rcquireu ...... 4 Application, permit ............... . Contents; expiration; removal after expiration of permit.......... . Prohibitions, a a a a 0 0 0 0 0 9 0 a 0 9 0 a a 4 0 4 0 0 a 9 9 Remedial action... a eased$*# a 0 0 0 a 9 ME *. Specimen, historic trees, a a a a best* 4 4 0 d. Tree protection area signage, (App. D to Chap. 5) Tree pruning standards ............... Tree replacement guidelines........... Undesirable trees, (App. A to Chap. 5) Voluntary tree planting .............. . Waivers; incentive program and appeals TRESPASSING Conditions constituting trespassing ..... . Utility protection, enforcement Trespass ............................. u UNSAFE BUILDINGS. See: BUILDINGS UTILITIES Charges. See herein: Rates, Fees and Charges Concurrency administration and evalua- tion procedure Level of service standards (LOS) ..... . See: LAND DEVELOPMENT Cross -connection control, backflow preven- tion Administration ....................... WINTER SPRINGS CODE Section Section UTILITIES (Cont'd.) Backflow prevention devices Installation, testing and maintenance of ............................ 19455 Changes to manual ................... 19-152 114 Cross -connection violations and penal- ties ............................. 19-156 9-129 Inspection and testing, right of access.. 19454 17-28 Intent ............................... 19450 Manual adopted by reference; compli- 54 ante required ...........embedded 19-151 Fees. See herein: Rates, Fees and Charges 549 Fences, walls, etc., for utility easement ... 6-192 Flood damage prevention requirements re utilities ........................... 84 et seq. 5-5 See: FLOOD DAMAGE PREVENTION 5-3 Garbage service to be provided for certain tenants ........................... 194 Land development 544 Utilities services to be underground, ex- onr tin" n 10A 5-2 Water and sewer systems, requirements 5-13 for ............................. 9-261 Permits Industrial wastewater contribution per- 5 4 mit ............................. 19.52 5-6 Public service tax ....................... 18-26 et seq. See: TAXATION 542 Rates, fees and charges 540 Wastewater system ................... 19-91 et seq. 547 See herein: Wastewater System 5-8 Reclaimed water system Definitions., .... 6#00 of of goes 04 0 a 6 0 0 a a 19436 Inspection ........................... 19440 54 Rates and charges... .... 0446 of 9 a a 0 6 4 0 19438 5-9 Routing and construction ............. 19-137 Service procedures, regulations........ 19439 545 Promulgation, enforcement of....... 19-139 5-16 Septic tanks Private septic tanks re wastewater sys- tem ............................ 19-29 11-3 Sewers. See herein: Wastewater System Stormwater management utility 19-303 Adjustment of fees .................. a 19466 Billing, payment, penalties, enforce- ment ........................... 19465 Definitions., .... sees 00*6 stop ago$ 0 bow 9 19-162 Director (of public works) Powers, duties, responsibilities...... 19468 Discharges into natural waters, munic- ipal storm sewer system ......... 19-170 Enforcement, penalties, legal proceed- ings ............................ 19-175 Fee created .......................... 19463 9-510 et seq. High risk screening. a a 4 a 6 6 6 a 6 a 0 a 0 0 0 9 4 6 19474 Illicit discharges, connections (prohibi- tion), a 4 0 0 0 0 0 0 a 0 p 0 0 4 a 6 0 a 0 a 0 a 4 0 4 0 0 19471 Industrial, commercial, construction ac- 19453 tivities; stormwater discharges from 19470.5 Supp. No. 6 3136 CODE INDEX Section Section UTILITIES (Cont'd.) UTILITIES (Cont'd.) Inspection, monitoring for compliance, Septic tanks, private, . 4 0 6 4 19-29 operational maintenance......... 19473 Sewerage revenue generation system Interconnected municipal storm sewer Accountant certification of adequate systems maintenance ................. 19429 Control of pollutant contributions from 19-172 Accounts established ............... 19-126 Prohibited acts, generally ............. 19-169 Deposits .......................... 19-127 Purpose; intent....................... 19461.5 Expenditures...................... 19428 Rates, schedule of .................... 19464 Use of wastewater system............. 19-27 Stormwater management utility fund .. 19467 Water shortage conditions and shortages Title. . I * a 0 m 0 4 4 * 0 0 * 0 0 0 0 t 0 * 6 0 a 0 P 0 a 9 1 0 0 a 19461 Application of this article ............. 19-202 Utility protection, enforcement Definitions, ......................... a 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, Ease bovomome 00 meet 19-300 Intent and purpose................... 19-200 Right of entry of authorized agents, em. Penalties ............................ 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........ 1944 Charges. See herein: Rates, Fees and V Charges Contaminants prohibited, . 19-72 VEHICLES. See: MOTOR VEHICLES AND Definitions, .......................... 19-26 TRAFFIC Discharges prohibited, . 1941 VENDORS. See: PEDDLERS, CANVASSERS Enforcement ......................... 19-53 AND SOLICITORS Enforcement board ................... 19-30 Fees. See herein: Rates, Fees and Charges VOTES, VOTING. See: ELECTIONS Industrial wastewater contribution per. ............................. 19-52 W Inspection and monitoring ............ 19-51 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 WARRANTS. See: WRITS, WARRANTS AND Appeals ........................... 19-98 OTHER PROCESSES Application requirements........... 19-100 Billing, payment, delinquency ...... 19-97 WASTEWATER. See: UTILITIES Conservation methods. . a 19-94 Definitions ........................ 19-91 WATERAND SEWERS. See also: UTILITIES Intent ............................. 19-92 Concurrency administration and evalua- tion procedure Penalties and chhargarges .............. 19-31 Office hours .. ............... 19-101 Level of service standards (LOS) ...... 9-510 et seq. Policy for bill adjustments for unex- See: LAND DEVELOPMENT Declaration of a state of emergency; water plained excessive use.......... 19-98.5 use restrictions ...................4 2-255 Revenue ..even . e generation ... on system tem 19-95 Reclaimed water system ................. 19436 et seq. Sewerage revenue generation system See: UTILITIES Accountant certification of ade- Water shortage conditions and shortages . 19-200 et seq. quate maintenance ......... 19-129 See: UTILITIES Accounts established ............ 19426 Deposits...... .... bets some ot*t9* 19427 WATERWAYS AND WATERCOURSES Expenditures ................... 19428 Discharges into natural waters, municipal User charge storm sewer system ................ 19470 Generally ....................... 19-96 Flood damage prevention................ 8-1 et seq. Schedule, ....................... 19402 See: FLOOD DAMAGE PREVENTION System ......................... 19-93 Prohibitions ............................ 13-2 Supp. No. 6 3137 WEAPONS. See: FIREARMS AND WEAP- ONS WEATHER Weather emergencies. Be 0*066090*90. WEEDS Accumulation or untended growth of .... . WINE. See: ALCOHOLIC BEVERAGES WINTER SPRINGS. See: CITY WRITS, WARRANTS AND OTHER PRO- CESSES Subpoenas Code enforcement board powers ...... . WRITTEN, IN WRITING Definitions and rules of construction .... . Y YARD SALES At-home sales ......................... . YARDS AND OPEN SPACES an development; public sites and open WINTER SPRINGS CODE Section 2-261 13-2(c) 1-2 spaces ............................ 9-103 cl€-i3i1��'r�+�g i�ool�, j�a�ci reciu�'e1n:;i11;5 re ... �i�..21�J Zoning regulations generally, 20-1 et seq. See: ZONING YEAR Definitions and rules of construction ..... 1-2 Supp. No. 6 3138 Section [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....... oba000toso* 20-35 Bulk regulations ..................... 20-346A Land use decisions (procedures) ....... 20-35 Conditional uses ..................... 20-346.3 Adult entertainment establishments Generally, ........................... 20-346 Generally...... met* 10400 Uses permitted,...................... 20-346.1 Animals ................................ 20413 CC Commerce Center District Basis for regulations and requirements Bulk regulations ..................... 20-345A herein set forth .................... 20-2 Conditional uses ..................... 20-345.3 Board of adjustment Generally ............................ 20-345 Compensation; allowances for expenses Uses permitted, . a 0 0 * t 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 ............... 20404 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 ............. 20432 Term; filling vacancies; removal of memo, Comprehensive plan .................... 15-26 et seq. hers ............................ 20-78 See: PLANNINGAND DEVELOPMENT Buffers Conditional uses Residential wall buffers required ...... 20417 C4 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 R-lAA and R4A One -Family Dwelling Expiration of conditional use approvals 20-36 Districts ........................ 20465 I-1 Light Industrial District........... 20-261 R-lAAA Single -Family Dwelling Dis- Land use decisions (procedures) ....... 20-33 tricts ........................... 20-125 R4 One -Family Dwelling District ..... 20483 R-3 Multiple -Family Dwelling Districts 20-210 R-1AA and R4A One -Family Dwelling R-CI Single -Family Dwelling Districts . 20445 Districts ........................ 20463 R-U Rural Urban Dwelling Districts ... 20-270 R-1AAA Single -Family Dwelling Dis- T-1 Trailer Home Districts ...........0 20-295 tricts........................... 20-123 Building height regulations R-3 Multiple -Family Dwelling Districts 20-208 C-1 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 ........................ 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 ............................. 204 R-1 One -Family Dwelling District ..... 20484 Districts R4AA and R-lA One -Family Dwelling C4 Neighborhood Commercial Districts 20-231 et seq. Districts ........................ 20-164 C-2 General Commercial and Industrial R4AAA Single -Family Dwelling Dis- Districts ........................ 20-251 et seq. tricts ........................... 20-124 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 I4 Light Industrial District........... 20-258 et seq. Bulk regulations .............. some*** 20-237 Official zoning map, working maps and Conditional uses ..................... 20-234 procedures,..................... 20402 Generally ............................ 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. . * 0 0 M 0 0 0 0 * 0 0 * 4 0 4004*00 20-232 R-1 One -Family Dwelling District ..... 20481 et seq. C-2 General Commercial and Industrial R-lAA and R-lA One -Family Dwelling Districts Districts.... 00 20461 et seq. Building height regulations ........... 20-253 R-1AAA Single -Family Dwelling Dis- Bulk regulations ..................... 20-255 tricts........................... 20421 et seq. Generally ............................ 20-251 R-3 Multiple -Family Dwelling Districts 20-206 et seq. Uses permitted. . 0 20-252 R-CI Single -Family Dwelling Districts . 20441 et seq. Supp. No. 6 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, . 9 0 0 0 # 6 0 a a s 0 0 6 1 a 9 0 * 0 * 6 0 m a 4 Planned unit development Part A..... . Final engineering plan Planned unit development Part B, ap- proval .......................... Final subdivision plan Planned unit development Part B .... . Alterations..... .... pose d*M#4*66s0m Flood damage prevention ................ See: FLOOD DAMAGE PREVENTION Front vnrd ramilntionq Rep h_ PrPin• Vorilc and Open Spaces Gasoline stations ......................9 GreeneWay Interchange Zoning District Buffers and walls ................... . Building and screening degi" fynide- 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 ............................. Signs................................ Utility lines ......................... . I4 Light Industrial District Building height regulations .......... . Bulk regulations ..................... Conditional uses .................... . Enclosed buildings; outside storage ... . Generally ............................ Uses permitted ....................... Interpretation, purpose and conflict ..... . Kennels; zoning, . 4 6 0 * s m m 0 4 6 * s 0 a * s 0 4 * 6 9 Land development ..................... . See: LAND DEVELOPMENT Land use decisions (procedures) Administrative appeals ............... Applications ......................... City commission; authority........... . Conditional uses .................... . Due process; special notice require- ments.......................... Supp. No. 6 WINTER SPRINGS CODE Section Section ZONING (Cont'd.) Expiration of conditional use, variance, 20403 waiver approvals ................ 20-36 20-311 et seq. Intent; purpose, 20-26 20-266 et seq. Rezonings ........................... 20-31 20-291 et seq. Staff review .......................... 20-30 20-320 et seq. Variances ............................ 20-32 20-101 Waivers, 20-34 20414 Lot coverage R4 One -Family Dwelling District ..... 20-187 20-359 R-lAA and R-lA One -Family Dwelling 20-357 Districts ........................ 20-167 R-lAAA Single -Family Dwelling Dis- tricts ........................... 20427 20-384 R-3 Multiple -Family Dwelling Districts 20-212 R-CI Single -Family Dwelling Districts . 20447 20-383 R-U Rural Urban Dwelling Districts ... 20-272 20-386 Master plan 8-1 et se Planned unit development Part B .. , , . 20-382 q Alterations ........................ 20-385 Motor vehicles Authorized commercial vehicles 20418 Limited -term parking permits ...... 20-436 Residential areas, in ............... 20-434 20-336 Residentially zoned districts, in ..... 20-435 Commercial vehicles defined .......... 20-432 20-340 ,xernpted vehicles, . * a 9 9 a 0 4 0 a 20431 Parking, storage or maintenance of cer- 20-320-339 tain vehicles prohibited in residen- tially zoned districts, ............ 20-431 20-341 Storage, repair, etc., of disabled motor 20-329 vehicles; approved ............... 20-433 20-333 Official zoning map, working maps and 20-335 procedures ........................ 20-102 Off-street parking regulations C-1 Neighborhood Commercial Districts 20-238 20-334 R4 One -Family Dwelling District ..... 20489 20-330 R-lAA and R-lA One -Family Dwelling 20-328 Districts........ ... 4066 a 9so sobs a 20-169 20-332 R-lAAA Single -Family Dwelling Dis- 20-337 tricts........................... 20-128 20-338 R-3 Multiple -Family Dwelling Districts 20-213 R-CI Single -Family Dwelling Districts . 20-148 20-260 R-U Rural Urban Dwelling Districts ... 20-273 20-262 Parking, storage or maintenance of certain 20-261 vehicles prohibited in residentially 20-263 zoned districts ..................... 20-431 20-258 Permits 20-259 T-1 Trailer Home Districts ............ 20-293 20-5 Permitted uses 20-416 Planned unit development 94 et seq. Part A. 20-353 Part B 9 20-379 Planned unit developments 20-35 Part A planned unit development 20-29 Appeal ............................ 20-362 20-27 Control of development following ap- 20-33 proval after construction com- pleted ........................ 20-360 20-28 Definitions ............... . .. . . . . . . 20-351 01 42 CODE INDEX Section Section ZONING (Cont'd.) ZONING (Cont'd.) Final development plan ............ 20-357 Designation. 20-161 Alterations to ................... 20-359 Front, rear and side yard regulations .. 20466 Intent and purpose of district....... 20-352 Lot coverage ......................... 20467 Permitted uses .................... 20-353 Off-street parking regulations ......... 20-169 Preliminary development plan ...... 20-356 Use, area and yard exceptions......... 20468 Alterations to ................... 20-358 Uses permitted, ...................... 20462 Procedure for approval ............. 20-355 R-lAAA Single -Family Dwelling Districts Site development standards ....... 0 20-354 Building area regulations ............. 20425 Time restrictions on approval ....... 20-361 Building height regulations ........... 20424 Part B planned unit development Conditional uses ..................... 20423 Appeal ............................ 20-389 Designation,......................... 20-121 Control of development following ap- Front, rear and side yard regulations .. 20426 proval after construction com- Lot coverage ......................... 20427 pleted........................ 20-387 Off-street parking regulations......... 20428 Definitions ........................ 20-376 Uses permitted....................... 20422 Final engineering plan approval .... 20-384 R-3 Multiple -Family Dwelling Districts Final subdivision plan, . 20-383 Building area regulations............. 20-210 Alterations to ................... 20-386 Building height regulations ........... 20-209 Intent and purpose of district....... 20-377 Conditional uses ..................... 20-208 Interpretation, purpose and conflict. 20-378 Designation .......................... 20-206 Master plan ....................... 20-382 Front, rear and side yard regulations .. 20-211 Alteration to .................... 20-385 Permitted uses .................... 20-379 Lot coverage ......................... 20-212 Procedure for approval of planned unit Off-street parking regulations ......... 20-213 development, . * 4 0 6 m * a a 0 a a 0 * 4 4 * 20-381 Uses permitted. . 6 a 0 * 0 6 6 6 * t 0 a a 0 20-207 Site development standards ....... 0 20-380 R-CI Single -Family Dwelling Districts Time restrictions on approval ....... 20-388 Building area regulations ............. 20445 Setback requirements (minimum) ..... 6-86 Building height regulations ........... 20444 Planning and zoning board Conditional uses ..................... 20443 Assistants ........................... 20-58 Designation.......................... 20-141 Compensation; allowances for expenses Front, rear and side yard regulations .. 20446 incurred in performance of duties. 20-55 Lot coverage ......................... 20447 Composition, appointment of members. 20-52 Off-street parking regulations, ....... 4 20448 Created .............................. 20-51 Uses permitted, .....................9 20442 Duties; general....................... 20-57 Rear yard regulations. See herein: Yards Meetings; quorum; records to be kept .. 20-56 and Open Spaces Term; filling vacancies; removal of mem- Residentially zoned districts, parking, stor- bers ............................ 20-53 age or maintenance of certain vehi- Preliminary development plan cles prohibited in .................. 20431 Planned unit development Part A...... 20-356 Restrictions upon lands, buildings and struc- Alterations ........................ 20-358 tures.............................. 20403 Prohibited uses Rezoning R-T Mobile Home Park Districts....... 20-315 Land use decisions (procedures) ....... 20-31 Purpose of provisions ................... 20-3 Official zoning map, working maps, pro- R-1 One -Family Dwelling District cedures ......................... 20402 Building height regulations ........... 20484 R-T Mobile Home Park Districts, applied Building site area regulations ......... 20485 cation for rezoning .............. 20-316 Conditional uses ..................... 20483 Waiting period for ................... e 2417 Front, rear and side yard regulations .. 20486 R-T Mobile Home Park Districts Generally...... doom Dampness * o 20-181 Construction, application ............. 20-317 Lot coverage ......................... 20487 Definition of terms ................... 20-311 Off-street parking regulations ......... 20489 Description of district, . m 0 0 0 0 0 0 t 0 0 4 9 9 a a 20-312 Use, area and yard exceptions......... 20488 Minimum development standards and Uses permitted, . 0 a p 4 a * 0 * 0 0 m 6 1 0 * 0 a a 0 0 a 20-182 requirements,................... 20-318 R4AA and R4A One -Family Dwelling Dis- Prohibited uses ...................... 20-315 tricts Rezoning, application ................. 20-316 Building area regulations ............. 20465 Special accessory uses................ 20-314 Building height regulations .......... a 20464 Special requirements ................. 20-319 Conditional uses ..................... 20463 Uses permitted....................... 20-313 Supp. No. 6 3143 ZONING (Cont'd.1 R-U Rural Urban Dwelling Districts Building height regulations .......... . Building site area regulations ....... 0 . Conditional uses ..................... Front, rear and side yard requirements Generally ............................ Lotcoverage ......................... Off-street parking regulations ........ . Uses permitted ...................... . Scope of provisions ...................... 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 Districts...... . S.R. 434 corridor overlay plan Creation., .... *4 am 9040 boom 0*06604 DOE* General design standards for new devel- opment area Applicability to new development over- lay zoning district, a a 9 a a 0 0 4 # 6 a 0 Buffers and walls ................. . Building and screening design guide- lines ......................... Building height .................... Corridor access management ...... . Development agreement........... . Land coverage ..................... Landscaping, a * 6 0 a a 9 0 0 4 6 6 a a a a 0 0 4 0 4 a 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, a 0 0 4 4 6 bosom* Buffers and walls ................. . Building and screening design guide- lines ......................... Building height .................... Corridor access management ...... . Development agreement........... . Intent............................. Landscaping, a 0 a * 0 0 a 0 0 * v I * 6 4 4 a 0 4 a * 4 andscaping....................... Off-street parking and driveway re- quirements ................... Setbacks .......................... 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 0 6 6 0 0 P V 0 * 6 6 0 a a 0 20-291 20-268 Minimum front, rear and yard regulate, 20-271 tions ........................... 20-296 20-266 Permits .............................. 20-293 20-272 Special requirements ................. 20-297 20-273 Uses permitted. a 0 4 0 6 6 0 a * a 0 0 6 4 6 0 9 0 0 0 6 0 20-292, 20-294 20-267 Telecommunications towers .............. 20-451 20-4 Trailers In residential areas, a 0 6 6 9 9 0 0 4 0 a 9 a 6 4 0 0 0 20-411 10400 Uses ................................ 20412 Use, area and yard exceptions R-1 One -Family Dwelling District ..... 20488 R4AA and R4A One -Family Dwelling Districts... .... Deep memo base mom 6 6 20468 20-354 Uses permitted 20-380 C4 Neighborhood Commercial Districts 20-232 C-2 General Commercial and Industrial 20-314 Districts ........................ 20-252 U-3 Highway 17-92 Commercial District 20-346.1 20-462 CC Commerce Center District......... 20-345.1 I4 Light Industrial District........... 20-259 114 One -Family Dwelling District ..... 20482 R-lAA and R4A One -Family Dwelling 20-463 Districts ........................ 20-162 R-lAAA Single -Family Dwelling Dis- 20-469 tricts ........................... 20422 R-3 Multiple -Family Dwelling Districts 20-207 20-473 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) ...... 6 20-32 20-467 Violation, penalty ....................... 20-6 20-465 Waivers 20-470 Expiration of waiver approvals........ 20-36 20-471 Land use decisions (procedures) ...... 0 20-34 Yards and open spaces C-1 Neighborhood Commercial Districts 20-237 R4 One -Family Dwelling District 20-480 Front, rear and side yard regulations 20486 20-485 Use, area and yard exceptions ...... 20488 R-1AA and R-lA One -Family Dwelling 20-489 Districts ........................ 20466 20481 Use, area and yard exception ....... 20468 20-488 R-lAAA Single -Family Dwelling Dis- 20-490 tricts ........................... 20426 20-461 R-3 Multiple -Family Dwelling Districts 20-211 20-484 R-CI Single -Family Dwelling Districts . 20446 R-U Rural Urban Dwelling Districts ... 20-271 20483 T4 Trailer Home Districts ............ 20-296 20482 Zoning board. See herein: Planning and 20-486 Zoning Board 20487 Zoni -ng map Certain ordinances not affected by Code 14(15) 20-433 Supp. No. 6 3144