HomeMy WebLinkAboutSupplement No. 5SUPPLEMENT NO. 5
July 2004
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. 2003-41, enacted February 9, 2004.
See the Code Comparative Table for further information.
Remove old pages
ix—xiii
Checklist of up-to-date pages
17, 18
309-346
557-560
589-592
627-632
643, 644
693-710
873
881
1045-1048.2
1307-1310
1331-1334.2
1342.47-1342.50
1385-1392
1399-1404
2099
2145, 2146
3111-3118
3121-3123
3129-3137
3141-3144
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ix—xiv
Checklist of up-to-date pages
(following Table of Contents)
17, 18
309-353
557-560
589-592
627-632
643-651
693-737
873, 874
881-885
1045-1048.2
1307-1310
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INSTRUCTION SHEET—Cont'd0
Insert and maintain this instruction sheet in front of this publication. File
removed pages for reference.
MUNICIl'AL CODE CORPORATION
Post Office Box 2235
1700 Capital Circle, S.W.
Tallahassee, FL 32316
(850) 576-3171
1-800-262-CODE
Website: www.municode.com
TABLE OF CONTENTS
Page
Current Officials of the City,
Preface..................................................... v
Adopting Ordinance ......................................... vii
Checklist of UpAo-Date Pages ................................ [1]
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 ............................... 7
Art. VI. Administrative Departments ................ 8
Art. VII. Financial Procedure, ....................... 9
Art. VIII. Nominations and Elections ................ 10
Art. DX. Initiative and Referendum .................. 11
Art. X. Amendments ................................ 13
Art. XI. Severability................................ 13
Art. XII. Powers. 13
Art. XIII. Transitional Provisions .................... 13
Charter Comparative Table .................................. 67
PART II
CODE OF ORDINANCES
Chapter
1. General Provisions. . 77
2. Administration .......................................... 133
Art. I. In General ................................... 136.1
Art, II. City Commission ............................ 136.2
Art. III. Boards, Committees, Commissions ........... 136.2
Div. 1. Generally ............................... 136.2
Div. 2. Code Enforcement ....................... 138
Subdiv. A. Board .......................... a 139
Subdiv. B. Citations ........................ 140.3
Div, 3. Reserved ................................ 144
Div. 4. Beautification Board ..................... 144
Art. IV. Elections .............. ..................... 145
Art. V. Annexations and Rezoning ................... 148
Art, VI. Finance .................................... 148
Div. 1. Generally ............................... 148
Supp. No. 5 ix
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....... sees 6*0008 257
5. Tree Protection and Preservation ......................... 309
App. A. Undesirable Trees ............ . ............ 0 327
App. Be Desirable Trees ............................. 329
App. C. Caculating Tree Protection Zone ............ 0 334
App. D. Tree Protection Area Signage ................ 353
6. Buildings and Building Regulations ............... . . . ..... 365
Art. I. In General ................................... 369
Art. II. Administration .............................. 369
Div. 1. Generally ............................... 369
Div. 2. Reserved...... lease 0 a 6 6 a 5 0 0 0 0 0 a a a a 6 376.4
Art. III. Building Construction Standards ............ 376.4
Art. IV. Electricity .................................. 37851
Art. V. Plumbing ................................... 378.1
Art. VI. Mechanical. a a a 0 0 4 4 0 9 a a a a a 0 a 8 0 a a a a a a 0 a 0 0 0 0 0 6 379
Art. VII. Unsafe Buildings .......................... 379
Art. VIII. Fences, Walls, Hedges ..................... 380
Art. DX. Swimming Pools ................... . ........ 382
Art, X. Gas Code ................................... 386
Art. XI. Reserved ................................... 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-
tion Code .................................. 436
Art. IV. Fire Hydrants .............................. 437
8. Flood Damage Prevention ................................ 493
Art. I. In General ................................... 495
Art. II. Administration .............................. 500
Art. III. Standards ................................. 504
9. Land Development, a 9 0 0 4 a a & a 6 6 a 6 0 0 0 0 0 6 a 6 a a a 5 0 a 0 4 a a a a 6 6 a 1 4 555
Art. I. In General.... 0 4 6 60 6 60 so to 0 to a 9 a 6 R as to s a a *0 6 6 561
Art. II. Procedure for Securing Approval of Plans and
Plats......................................0 563
Div. 1. Generally ..............................0 563
Div. 2. Preliminary Plan .. . ..................... 564
Div. 3. Final Development Plan, Final Plat ....... 566
Supp. No. 5 g
TABLE OF CON TENTS—Cont'a.
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 . 581
Div, 4. Drainage ................................ 582
Div. 5. Utilities ................................. 584.1
Div. 6. Off -Street Parking and Loading........... 585
Div. 7. Dumpsters .............................. 591
Art. V. Design Standards ............................ 592
Art. VI. Site Plan Review ........................... 604
Div. 1. Generally ............................... 604
Div. 2. Site Plan Review Board .................. 604
Art. VII. Uniform Building Numbering System ....... 605
Art. VIII. Impact Fees .............................. 607
Div. 1. Generally ............................... 607
Div. 2. Transportation Facilities ................. 607
Div. 3. Police, Fire, Public Buildings and Parks and
Recreation .............................. 627
Div. 4. Reserved ................................ 632
Art, IX, Vested Rights .............................. 632
Art. X. Concurrency Administration and Evaluation Pro-
cedure.....................................a 638
Div. 1. Overview and Exemptions ................ 638
Div. 2. Levels of Service Standards (LOS) ........ 641
Div. 3. Concurrency Administration .............. 643
Div. 4. Appeal Procedures ....................... 644
Art. XI. Nonconformities ............................ 644
Art. XII. Minimum Community Appearance and Aes-
thetic Review Standards, . 0 0 0 0 4 a 1 4 0 649
10. Licenses and Business Regulations ...................... 693
Art. I. In General ................................... 695
Art. II. Occupational License Taxes .................. 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 ................ 736
11. Miscellaneous Offenses................ .................. 761
Art. I. In General ................................... 817
Art, II. Administration .............................. 818
Art. III. Regulations.,.. of 820
Div. 1. Generally ............................... 820
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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. Public Nuisance Abatement Board ........... 881
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., 5 0 987
Art. III. Comprehensive Plan Amendments ........... 987
16. Signs and Advertising, . 0 1041
Art. I. In General..................................6 1043
Art. II. Distribution of Handbills and Periodicals ..... 1043
Art. III. Signs ...................................... 1045
Div. 1. Generally ............................... 1046
Div. 2. Standards ............................... 1048
17. Streets, Sidewalks and Other Public Places ............... 1101
Art. I. In General ................................... 1103
Art, II. Streets ..................................... 1103
Art. III. Sidewalks. 1105
Art, IV. Excavations ................................ 1105
18. Taxation ............................................... 1157
Art. I. In General ................................... 1159
Art. II. Municipal Public Service Tax ................. 1159
Art. III. Local Improvements Assessments............ 1162
Div. 1. Generally ............................... 1162
Div. 2. Assessed Areas and Advisory Committees.. 1164
Div. 3. Local Improvement Assessments .......... 1166
Div. 4. Related Service Assessments. 9 0 8 9 0 0 1169
Div. 5. Collection of Assessments ................ 1173
Div. 6. Issuance of Obligations ................... 1175
Div. 7. General Provisions ......................1 1176
Div. 8. Specific Special Assessment Disticts and
Areas................................... 1176
19. Utilities.... 0 0 0 0 a 0 0 0 0 0 & 9 a a a a & 6 1227
Art. I. In General ................................... 1229
Art. II. Wastewater System ......................... 1229
Div. 1. Generally ............................... 1229
Div. 2. Administration .......................... 1232
Div. 3. Use Regulations ......................... 1235
Div. 4. Rates, Fees and Charges ................. 1238
Supp. No. 9 of
TABLE OF CON TENTS-Cont'd.
Chapter Page
Div. 5. Sewerage Revenue Generation System .... 1251
Art. III. Reclaimed Water System .................... 1253
Art. IV. Potable Water Supply..* 1256
Div. 1. Generally ............................... 1256
Div, 2. Cross -Connection Control, Backflow Preven-
tion ..................................... 1256
Art. V. Stormwater Management Utility .............. 1257
Art, VI. Water Shortage Conditions and Shortages .... 1260
Art. VII. Reserved .................................. 1263
Art. VIII. Utility Protection and Enforcement......... 1263
20. Zoning ................................................. 1305
Art. I. In General ................................... 1311
Art, H. Administration ............ .................. 1316
Div. 1. Generally ............................... 1316
Div. 2. Planning and Zoning Board ............... 1316
Div. 3. Board of Adjustment ..................... 1318
Art. III. Establishment of Districts .................. 1322
Div. 1. Generally ............................... 1322
Div. 2. R-1AAA Single -Family Dwelling Districts.. 1324
Div. 3. R-CI Single -Family Dwelling District...... 1325
Div. 4. 11-1AA and R-IA One -Family Dwelling Dis-
tricts .................................... 1326
Div. 5. R4 One -Family Dwelling Districts ........ 1329
Div. 6. R-3 Multiple -Family Dwelling Districts .... 1329
Div. 7. C-1 Neighborhood Commercial Districts ... 1331
Div. 8. C-2 General Commercial District.......... 1333
Div. 8.5. I4 Light Industrial District.. . 6 6 0 1334
Div. 9. R-U Rural Urban Dwelling Districts ...... 1334.2
Div. 10. T4 Trailer Home Districts ............... 1336
Div. 11. R-T Mobile Home Park Districts ......... 1337
Div. 12. Town Center District Code .............. 1341
Div. 13. Greeneway Interchange Zoning District .. 1342036
Art. IV. Planned Unit Developments ................. 1342.51
Div. 1. Generally ..............................9 1342451
Div. 2. Part A. Planned Unit Development........ 1342.52
Div. 3. Part B. Planned Unit Development........ 1352
Art. V. Supplemental District Regulations ............ 1364
Div. 1. Generally ............................... 1364
Div, 2. Motor Vehicles ..........................0 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 ........ 1377
Div. 2. General Design Standards for New Develop-
ment Area ............................... 1378
Div. 3. General Design Standards for Redevelop-
ment Area ............................... 1391
Div. 4. Reserved...............................a 1404
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WINTER SPRINGS CODE
Code Comparative Table-1974 Code ......................... 2091
Code Comparative Table —Ordinances ........................ 2093
State Law Reference Table ................................... 2145
Charter Index..............................................0 2197
Code Index ................................................. 3101
Supp. No. 5 �p
TABLE OF CONTENTS—Cont'd.
Page
Charter Index ............................................... 2197
Code Index................................................9 3101
Supp. No. 5 xv
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 1-0 t) 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. Sulam No. Page No. Supp. No.
Title page OC 137, 138 3
3 139, 140 3
v, vi OC 140.1, 140.2 2
vii, viii OC 140.3, 140.4 2
ix, x 5 141, 142 1
Xi) xii 5 143, 144 OC
xiii, xiv 5 145, 146 3
1, 2 2 147, 148 2
3, 4 2 148.1, 148.2 3
5, 6 2 14% 150 OC
7, 8 2 151, 152 OC
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11, 12 2 205, 206 4
13, 14 3 207, 208 4
15, 16 2 257 OC
17, 18 5 259 OC
67 2 30% 310 5
77, 78 4 311, 312 5
7% 80 OC 313, 314 5
81, 82 OC 315, 316 5
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135, 136 3 321, 322 5
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331, 332 5 563, 564 OC
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365, 366 3 584.1, 584.2 3
367, 368 3 585, 586 OC
36% 370 2 587, 588 OC
371, 372 2 589, 590 5
73,374 2 591, 592 5
375, 376 2 592.1, 592.2 3
376.1, 376.2 2 593, 594 OC
376.3, 376.4 2 595, 596 OC
377, 378 4 597, 598 OC
378.1, 378.2 4 599, 600 OC
37% 380 3 601, 602 OC
381, 382 3 603, 604 OC
383, 384 3 605, 606 2
385, 386 3 607, 608 2
387, 388 3 60% 610 OC
433, 434 3 611, 612 OC
435, 436 2 613, 614 OC
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439, 440 OC 617, 618 OC
441, 442 OC 619, 620 OC
493, 494 3 621, 622 OC
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501, 502 1 62% 630 5
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1259, 1260 3 1342.43, 1342.44 1
1261, 1262 3 1342645, 1342846 1
1263, 1264 3 1342.47, 1342048 5
1305, 1306 4 1342549, 1342650 5
1307, 1308 5 1342.50.1, 1342.50.2 5
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1342.13, 1342914 1 1383, 1384 1
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1342.17, 1342418 1 1387, 1388 5
1342.19, 1342020 1 138% 1390 5
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Supp. No. 5 [5]
CHARTER
00°1426 west 681.66 feet; run thence north
85°14'00" west 602.10 feet; run thence south
87°51'100" west 1,083.26 feet; run thence south
00°15'09" east 2,167.87 feet; run thence north
84°48'16" west 2,404.62 feet to the point of begin-
ning; less that portion of Winter Springs as re-
corded in Plat Book 15, Pages 81 and 82 of the
Public Records of Seminole County, Florida; also
less, begin at the southeast corner of Gardena
Farms as recorded in Plat Book 6, Pages 23 and
24 of said Seminole County, Florida; run thence
north 05°09'50" east 33.00 feet; run thence north
85°00'00" west parallel with the southerly line of
said Gardena Farms, 4,502.35 feet; to a point of
beginning; run thence further north 85°00'00"
west 627.31 feet; thence run north 05°00'00" east
225.00 feet; thence run north 84°09'48" east 175.44
feet; thence run south 85°00'00" east 455.00 feet;
thence run south 05°00'00" west 257.98 feet to the
point of beginning; also less, begin at the south-
east corner of Gardena Farms as recorded in Plat
Book 6, Pages 23 and 24 of the Public Records of
Seminole County, Florida; run thence north
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 85010'12" west along said north-
erly right-of-way line 2,513.71 feet to a point on
the southerly right-of-way line of a Florida Power
and Light easement as recorded in D.B. 193, Page
276, of said Seminole County; run thence south
1,098.64 feet; run thence north 85010'12" west
772.70 feet to the point of beginning; run thence
north 04°49'48" east 300.00 feet; run thence north
85°10'12" west 675.80 feet to the easterly right-
of-way line of the Tuscawilla-Gabriella Road; run
thence south 23°20'07" west along said easterly
right-of-way line 316.36 feet; thence leaving said
easterly right-of-way line run south 85°10'12"
east 776.20 feet to the point of beginning, contain-
ing 2,890.9140± 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
App. A
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 850 east
801.9 feet; thence run south 050 west to the
westerly right -of --way line of the Tuscawilla-
Gabriella Road; thence run northeasterly along
the said westerly right-of-way line of the Tuscawilla-
Gabriella Road to the point of beginning, and also
Lots 1 and 2, Block A, D. R. Mitchell's Survey of
the Levy Grant, Plat Book 1, Page 5, Seminole
County Public Records, less all that part previ-
ously lying within the city limits of the Village of
North Orlando, and also; Begin at the intersec-
tion of State Road 15 and 600 (U.S. 17/92) and
State Road 5-434 run south 89002'30" 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 curves 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
18058'00"; thence run northeasterly along said
curve an arc length of 421.48 feet to the P.T. of
said curve; thence run north 66°29'00" east 2,776.82
feet to the P.C. of a curve concave northwesterly
having a radius of 1,637.28 feet, a central angle of
17004'00"; thence run northeasterly along said
we 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
we 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. 5 17
App. A
WINTER SPRINGS CODE
Ordinances Annexing Property to the City
Ord. No. Date Ord. No. Date
2000-08
4-10-00
2001-03
1-22-01
2000-22
8-14-00
2001-34
6-11-01
2000-24
8-14-00
2002-03
543-02
2000-33
1143-00
2002-26
11-25-02
2000-36
11-27-00
200348
6-23-03
200040
11-27-00
2003-27
7-28-03
200041
11-27-00
200342
142-04
2001-01 1-22-01
Editor's note —The above list of ordinances annexing
property to the city begins with Ord. No. 200M8, adopted Apr.
10, 2000.
Supp. No. 5 18 [The next page is 67]
Chapter 5
Sec.
5-l.
Applicability.
Sec.
5-2.
Intent and purpose.
Sec.
5-3.
Definitions.
Sec.
5-4.
Permit required for tree removal and land clearing; separate
violations; criteria; contractor permit required.
Sec.
5-5.
City forestry office.
Sec.
5-6.
Permit application.
Sec.
54.
Tree pruning standards.
Sec.
5-8.
Specimen or historic trees.
Sec.
5-9.
Tree replacement guidelines.
Sec.
5-10.
Prohibitions.
Sec.
5-11.
Reserved.
Sec.
5-12.
Permit contents; expiration; removal after expiration of permit.
Sec.
5-13.
Minimum tree requirement.
Sec.
5-14.
Tree protection during development and construction; periodic
inspection.
Sec.
5-15.
Voluntary tree planting.
Sec.
5-16.
Waivers; incentive program and appeals.
Sec.
547.
Remedial action.
Sec.
5-18.
Enforcement; penalties.
Sec.
5-19.
Authorization to adopt rules and regulations and fees for imple-
mentation.
Appendix A Undesirable Trees
Appendix B Desirable Trees
Appendix C Calculating Tree Protection Zone
App. D Tree Protection Area Signage
*Editor's note —Ord. No. 2002-08, §§ 1, 2, adopted April 8, 2002, amended former Ch. 5, Arbor, §§ 5-1-5-5, in its entirety to
read as herein set out. Former Ch. 5 derived from Ord. No. 711, § I, 3-22-99; Ord. No. 726, §§ l�I, 6-28-99; Ord. No. 734, § 1,
9-27-99.
Cross references —Code enforcement board to enforce certain ordinances of the city, § 2-56 et seq.; beautification board, § 2-76
et seq.; buildings and building regulations, Ch. 6; flood damage prevention, Ch. 8; land development, Ch. 9; motor vehicles and
traffic, Ch. 12; nuisances, Ch. 13; planning, Ch. 15; signs and advertising, Ch. 16; streets, sidewalks and other public places, Ch.
17; zoning, Ch. 20.
Supp. No. 5 309
WINTER SPRINGS CODE
[THIS PAGE INTENTIONALLY LEFT BLANK]
Supp. No. 5 310
TREE PROTECTION AND PRESERVATION
Sec. 5-l. Applicability.
This chapter shall be applicable to all land
lying in the incorporated area of the City of
Winter Springs, Florida.
(Ord. No. 2002-08, § 2, 4-8-02; Ord. No. 2003-22,
§ 2, 10-13-03)
Sec. 5-2. Intent and purpose.
(a) Purpose. The purpose of this chapter is to
establish protective regulations for trees within
the city in order to maintain and protect the city
forest, to better control problems of flooding, soil
conversation, air pollution and noise, and to make
the city a healthier, more attractive and safer
place in which to live.
(b) Intent. The intent of this chapter is to
encourage the protection of the maximum num-
ber of trees within the primary tree protection
zone and of large specimen trees within the sec-
ondary tree protection zone. It is further the
intent of this chapter to encourage the protection
of trees native to Central Florida and to encour-
age proper removal of exotic, pest trees.
To this end, it shall be unlawful to cut down,
damage, poison, or in any other manner destroy
or cause to be destroyed any tree or other vegeta-
tion as covered by the provisions of this chapter
except in accordance with the provisions set forth
herein. Notwithstanding, in case of emergencies
involving natural disaster such as, but not limited
to, flood, freeze or other natural disasters, the
requirements of this chapter may be temporarily
waived by the city commission by resolution.
(Ord. No. 2002-08, § 2, 4-8-02; Ord. No. 2003-22,
§ 2, 10-13-03)
Sec. 5-3. Definitions.
As used in this chapter, the following terms
shall have the meanings indicated unless the
context clearly indicates otherwise:
(a) Caliper: Measurement of tree twelve (12)
inches from soil level.
(b) City. The City of Winter Springs, Florida.
(c) City forest. The aggregate of all street trees
and all park trees.
(d) Crown. The mass of branches, twigs and
leaves at the top of a tree, with particular refer-
ence to its shape.
(e) DBH. Diameter of trunk at breast height,
(approximately four and one-half (41/2) feet from
the ground of a tree base).
(f) Desirable trees. Trees particularly adaptive
to Central Florida identified as "desirable trees"
in Appendix B of this chapter, as may be amended
by the city manager or city commission.
(g) Dripline. The vertical line running through
the outermost portion of the tree crown extending
to the ground.
(h) Encroachment. The protrusion into a vehic-
ular accessway, pedestrian -way, or required land-
scape area.
(i) Heavy machinery. Mechanical land clear-
ing, earth -moving, or earth -working equipment
with a gross weight in excess of five thousand
(5,000) pounds. For purposes of this chapter, all
machinery which utilizes steel tracks for traction
shall be considered to be heavy machinery, regard-
less of weight.
(j) Historic tree. A tree which has been found
by the city commission to be of notable historic
interest to the city based on its age, species, size,
historic association or unique characteristics.
(k) Land clearing (grubbing). The disturbance
or removal of vegetation using backhoes, bulldoz-
ers, root rakes, or similar mechanical means
which may kill trees or damage their roots,
branches, or trunks. Routine lawn mowing, sod
replacement, planting of landscape material, shrub
pruning, and shrub removal shall not be consid-
ered land clearing and grubbing provided no
grade change occurs.
(1) Person. Any individual, firm, corporation,
partnership, joint venture association, principal,
trustee, municipal corporation, political subdivi-
sion, or special district, or any agent or represen-
tative thereof.
(m) Preferred Plant/ Tr•ee.Preferred plants shall
mean the plant materials listed in Appendix B:
Desirable Trees and shall be of the size specified
Supp. No. 5 311
§ 5-3
WINTER SPRINGS CODE
in the column labeled "Preferred Plant Size/
Minimum Height," which may be amended from
time to time by the city manager in writing.
(n) Primary tree protection zone. This shall
mean the front, side and rear yard areas as
established and required by the Land Develop-
ment Code of the city as the same may, from time
to time, be amended.
(o) Protected area. An area surrounding a pro-
tected, historic, or specimen tree within which
physical intrusion is prohibited in order to pre-
vent damage to the tree, roots and soil around the
tree base, the dimensions of which shall be estab-
lished by the city and set forth in the tree removal
permit, in according with section 544.
2" i.
4" wide stakes spaced a maximum of eight (8) feet
from each other at the perimeter of the tree
protection zone and which extend out of the
ground at least thirty-six (36) inches, with the top
four (4) inches marked by flourescent orange
paint or tape.
(q) Replacenzerzt trees. Replacement trees shall
at a minimum comply with the provisions of
subsection 5-9.
(r) Secondai� tree protection zone. This shall
mean all areas not included in the primary tree
protection zone. Subdivision street rights -of -way
and easements are also defined as being within
the secondary tree protection zone.
(s) Silviculture. A process, following accept-
able forest management principles, whereby the
crops constituting forests are tended, harvested
and reproduced.
(t) Specimen tree. A tree, other than an unde-
sirable tree, structurally unsound tree that not be recovered by pruning, dead tree, or dis-
eased tree, that has a caliper of twenty-four (24)
inches or more in diameter. Specimen trees shall
not include laurel oak (Quercus laurifolia), sand
pine (Pinus clausa), or cherry laurel (Prunus
caroliniana).
(u) Stem. The main trunk of a plant; its pri-
mary axis that develops buds and shoots instead
of roots.
(v) Transplant. The act of relocating an exist-
ing tree upon the same lot.
ee. Self-supporting wood, perennial plants
of species which have a trunk with a diameter of
at least four (4) inches measured at caliper and
normally grow to an overall Crown height of a
minimum of fifteen (15) feet. Cabbage palm greater
than fifteen (15) feet tall.
(x) Tree protection zone. Shall mean that area
located around the perimeter of the tree in which
no activity such as clearing, filling, excavating,
storage of materials, parking of vehicles, or any
other activity that in the opinion of the forester
may damage the tree may occur. This zone is
calculated according to A nendix C to this chaD-
ter.
(y) Ti•ee r•e�noval. Shall mean any act which
will cause a tree situated on real property to die
within a period of two (2) years fiom the time of
the act including, but not limited to, by cutting,
girdling, relocating, interfering with the water
supply, applying chemicals, regrading around the
base of the tree trunk.
(z) Ti•ee replacement assessment. Tree replace-
ment assessment shall mean the total amount of
monetary compensation owed to the City of Win-
ter Springs may be required by this chapter for
the replacement of trees cut, destroyed, or re-
moved as a result of development or redevelop-
ment.
(aa) Z3'ee replacement credit. The tree replace-
ment credit shall be established by the city com-
mission and set forth in Appendix B: Desirable
Trees.
(bb) Ti•ee trunk. The main stem of a tree apart
from limbs and roots.
(cc) Undesirable trees. All types of trees iden-
tified as "undesirable trees" in Appendix A of this
chapter as amended from time to time by the city
manager in writing.
(Ord. No. 2002-08, § 2, 4-8-02; 2003-22, § 2,
1043-03)
Supp. No. 5 312
TREE PROTECTION AND PRESERVATION § 5-4
Sec. 54. Permit required for tree removal this chapter only if trees are planted and
and land clearing; separate viola- growing on the premises of the licensee
tions; criteria; contractor permit and are for sale or intended for sale in its
required. ordinary course of business.
(a) Permit required. No person shall engage in (c) Review standards. When making a deter -
tree removal or engage in land clearing located mination on whether a tree meets one of the
within the city, without first obtaining a permit as conditions set forth in section 54(b) and there -
provided in this chapter. If a property owner has fore, whether to approve or deny an application
retained a contractor to perform the land clearing under this chapter, the city shall apply one (1) or
or tree removal, the contractor shall be responsi- more of the following standards of review deemed
ble for obtaining the permit required by this relevant:
chapter prior to the land clearing or tree removal.
It shall be a separate violation of this chapter for (1) Necessity to remove trees which pose a
each tree removed and each day a person is clear and obvious safety hazard to pedes-
engaged in land clearing without a permit. trian or vehicular traffic or threaten to
cause disruption to public services or a
(b) Criteria. Upon receipt of a completed appli- significant obstacle to accessing and uti-
cation and verification on -site by the city forester, lizing public easements and rights -of -way.
a permit may be issued for tree removal under
any one of the following conditions: (2) Necessity to remove trees which pose a
clear and obvious safety hazard to build-
(1) Trees located on building and construe-
ings and other improvements on a lot or
tion sites as shown on city approved plans, parcel of land. Ordinary small cracks or
provided said trees are replaced else- uplifts in pavement, sidewalks, and non -
where on the property in accordance with occupied structures that are typically
section 5-9 of this chapter. caused by settling and small roots shall
(2) Trees located within ten (10) feet of a not be considered a safety hazard.
structure or other improvement, provided
(3) Necessity to remove diseased trees or trees
said trees are replaced elsewhere on the
weakened by age, storm, fire or other
property in accordance with section 5-9 of
this chapter. injury or trees with severe structural de-
fects that pose a clear and obvious safety
(3) Trees severely diseased, severely injured hazard to people, buildings or other im-
or dead. provements on lot or parcel of land.
(4) Trees that interfere with the construction (4) The extent to which tree removal is likely
or repair of public infrastructure and fa- to result in damage to the property of
cilities. other owners, public or private, including
(5) Undesirable trees, per Appendix A. damage to lakes, ponds, streams, or rivers
through runoff or erosion.
(6) Trees removed by the city or other govern-
mental agency and which are located (5) Any proposed landscaping including plans
within a public road, drainage rights -of- whereby the applicant has planted or will
way, or permanent utilities and drainage plant trees to replace those that are pro -
easements. posed to be cleared.
(7) Trees that have been approved by the city
(8) All trees and plants, within a licensed
tree nursery, planted for harvest shall be
exempt from the terms and provisions of
(6) Topography of the land and the effect of
(7) Good forestry practices, such as the num-
ber of healthy trees that a given parcel of
Supp. No. 5 313
WINTER SPRINGS CODE
an will reasonably support and the
proven techniques that sustain healthy
trees.
(8) Necessity to remove trees in order to
construct approved and peimitted improve-
ments to allow economic enjoyment of the
property, including:
a. Need for access around the proposed
structure for construction equip-
ment (maximum of ten (10) feet).
b. Need for access to the building site
for construction equipment.
c. Essential grade changes.
d. Need for locating street or road rights
of -way, utilities, drainage ways, as
�xinll ? thn nnnd to able use and property access.
(9) The extent of any damage or demon-
strated hardship which would result to
flue app icaul, ai'uaaa a deaaaal of clie re
quested permit.
(10) The species and size of the trees proposed
for removal.
(11) The following factors shall also be consid-
ered:
a. Trees forming the current canopy.
b. Preservation of the next generation
of trees.
(d) Silviculture exemption. All trees planted
specifically for silvicultural purposes shall be ex-
empt from the provisions of this chapter provided
the property owner can provide documentation to
the city evidencing that:
(1) The property is registered as a silvicultural
site with the division of forestry; and
(2) Trees of typical harvestable size and type
exist on the property which are capable of
being harvested for income and that the
property owner has, or intends to, gener-
ate income from the harvested trees.
(e) Contractor license required; contractor• ob-
taining permits. Any person or entity engaged in
the business of tree removal or pruning shall be
licensed by the city on an annual basis. Licenses
may be obtained from the city by completing an
application prepared by the city and paying the
required license fee. The license application shall
contain at a minimum the name, address, and
telephone number of the contractor and a copy of
the contractor's occupational license and proof of
liability and workers' compensation insurance. It
shall be unlawful for any person or entity to
engage in the business of tree removal or pruning
within the City of Winter Springs without a
license required under this subsection. It shall
also be unlawful for any such person or entity to
faiI to obtain a permit on behalf of a property
owner pursuant to section 5-4(a) of this chapter.
(Ord. No. 2002-08, § 2, 4-8-02; 2003-22, § 2,
10-13-03)
sec. 5-5. laity forestry office.
(a) Establishment of office. There is hereby
created within the department of community de-
velopment, the office of city forestry. The commu-
nity development director shall head this office
and the city manager shall appoint one (1) or
more employees of the department to act in the
capacity of forester for the city.
(b) Scope of authority. The city forester shall
be charged with the responsibility and authority
to review and oversee all activities within the city
limits which involve tree removal, land clearing,
or danger to and by any tree. Notwithstanding,
the city forester shall have absolutely no author-
ity to vary any plans, permits, or agreements
approved by the city commission.
(c) Responsibilities. The role of the city for-
ester shall include, but not necessarily be limited
to:
(1) Receiving and processing applications for
tree removal, land clearing and other per-
mits under this chapter.
(2) Inspection of all property subject to an
application.
(3) Confirming all information provided by
the applicant is correct and accurate.
(4) To approve or deny all permit applications
under this chapter.
Supp. Mn 9 314
TREE PROTECTION AND PRESERVATION
(5) To issue cease and desist work orders
upon persons in violations of this chapter
for a maximum of two working days. Upon
review of the violation by the city man-
ager, the city manager may extend the
cease and desist work order until the
violation is brought into compliance and
all resulting fines incurred as a result of
the violation have been paid. The city
manager's decision may be appealed to
the city commission pursuant to section
5-16(b) of this chapter.
(6) To bring violators of this chapter before
the code enforcement board.
(7) To issue code enforcement citations for
any violation of this chapter.
(8) To augment the city's forest by the plant-
ing or approval of planting of additional
trees on public property.
(9) To keep a permanent record of all historic
or specimen trees designated by the city
commission.
(10) To educate the public regarding this chap-
ter and the importance of maintaining a
city forest.
(11) To handle other related job duties as-
signed by the city manager.
(12) To serve as a member of the staff devel-
opment review committee.
(13) To educate city personnel responsible for
tree removal, planting, pruning and land-
scape maintenance.
(14) To assist in implementing, and issue per-
mits in furtherance of, any development
agreement, plan, or permit approved by
the city commission relating to landscap-
ing and trees.
(Ord. No. 2002-08, § 2, 4-8-02; 2003-22, § 2,
10-13-03)
Sec. 5-6. Permit application.
(a) Filing application and payment of fees. An
application for tree removal and land clearing
shall be filed on official forms provided by the
city's forester. The applicant shall be required to
pay a fee as may be established by resolution of
the city commission, except that no fee shall be
required for the removal of trees that are dead,
diseased, suffer from severe structural defects,
pose a clear and obvious safety hazard to struc-
tures and people or removed for a public project
sponsored and paid for by the city. If the applicant
is not the property owner, then the applicant shall
attach the written permission of the property
owner to the application. All completed applica-
tions shall be returned to the forester, along with
the following:
(1) A tree inventory, for the portion of the site
to be developed, consisting of a scaled
drawing of a scale of one (1) inch equals
fifty (50) feet or less for undeveloped land
or for developed single family residential
land, a sketch approximately one (1) inch
equals fifty (50) feet or less indicating:
a. Property boundaries.
b. The location of all individual trees
including the tree common or sci-
entific name, and caliper of trees.
c. An indication of all trees proposed
for removal.
d. Within the primary tree protection
zone, a plan shall designate the trees
to be retained and those proposed to
be removed, relocated or replaced.
Those trees proposed for removal,
relocation or replacement shall also
be identified by common or botanical
name.
e. Within the secondary tree protection
zone, a plan shall designate the trees
to be retained, and those proposed to
be removed.
f. The location of existing and pro-
posed improvements, if any, includ-
ing proposed additions to existing
buildings, existing and proposed
buildings, structures, impervious sur-
faces (e.g. pool decks, drives, parking
areas), stormwater retention areas,
utilities, and other such improve-
ments.
Supp. No. 5 015
§ U-u
WINTER SPRINGS CODE
g. A replacement plan indicating the
means of compensating for the tree(s)
to be removed including the species
and size of any replacement tree(s).
h. Location of trees preserved for re-
placement credit.
i. If grade changes are proposed on the
site, a grading plan drawn to scale
shall be provided. In addition, a writ-
ten statement shall be provided by a
landscape architect or other compe-
tent professional indicating the prob-
ability of whether the grade change
will result in the death of tree(s)
intended to be preserved. Said state-
ment shall immediately be brought
iti ito le atu itun vULa iy uiubuui UL
the time the application is filed and
prominently attached to the front of
the application.
j. protection plan describing how pre-
served trees) shall be preserved on
the site and adjacent properties dur-
ing construction, tree removal, and
grading.
k. An aerial photograph showing the
boundaries of the subject property
and adjacent properties.
(2) Valid reasons for the removal of trees.
(3) The appropriate permit fees.
(b) Time for application. Applications for a tree
removal or land clearing permit shall be made
prior to removal or clearing; except that in the
following cases, application shall be filed when
indicated:
(1) All new subdivisions shall be required to
submit an application for a tree removal
or land clearing permit, at the time of
initial submittal of the subdivision plan,
to the city forester so that due consider-
ation may be given to protection of trees
during the subdivision design process. Each
application for a tree removal permit shall
be subject to review under the staff devel-
opment review committee process.
Supp. No. 5 316
(2) Any commercial, industrial, multi -family
or other use requiring site plan approval
under the city land development regula-
tions shall be required to submit an ap-
plication for a tree removal and land
clearing permit at the time of site plan
submittal so that due consideration may
be given to the protection of trees during
the site plan design process. Each appli-
cation for a tree removal permit shall be
subject to review under the staff develop-
ment review committee process.
(3) All new single-family and duplex dwelling
units shall be required to submit an ap-
plication for a tree removal and land
clearing permit at the time of application
for a building permit; the tree inventory
may be shown on the building permit plot
plan.
(c) Exempting portion of the t�ee survey. Upon
^rill^,t, the city forestcr nlay pernlit ail applicant
to omit certain portions of the tree inventory
where compliance with the requirements set forth
herein would be unnecessarily burdensome and
the exempted portions are not needed for the city
to evaluate the application.
(d) Permit fee. A nonreturnable permit fee to
be established by resolution of the city commis-
sion shall be paid for purposes of processing the
application, enforcing the provisions of this chap-
ter, and inspecting the real property subject to the
application.
(e) Posting of permit. The permit must be
posted upon the property and visible from the
street to be valid.
(f) City commission approved plans, pe7•n2its,
and agreements. All permits issued by the city
forester under this chapter shall be required to be
consistent, and not in conflict, with any plans,
permits, or development agreements approved by
the city commission. All permits or portions thereof
issued by the city forester in conflict with any
approval of the city commission shall be deemed
null and void and the approval of the city com-
mission shall remain in full force and effect.
(Ord. No. 2002-08, § 2, 4-8-02; 2003-22, § 2,
10-13-03)
TREE PROTECTION AND PRESERVATION
Sec. 5-7. Tree pruning standards.
(a) Standards adopted. Trees intended for shade
purposes shall be allowed to reach mature canopy
spread and shall be pruned in accordance with
the ANSI A 300 Part I Pruning standard and
ANSI Z133.1 safety standard. Pruning should be
performed with defined pruning objectives and
according to a specific pruning plan to accomplish
the objective including the minimum and/or max-
imum branch size to be removed.
(b) Unlawful pruning. The pruning techniques
described in section 540G) of this chapter shall be
deemed unlawful.
(2003-22, § 2, 1043-03)
Sec. 5-8. Specimen or historic trees.
(a) Designation. Certain trees, herein referred
to as "specimen" or "historic" trees, are of espe-
cially great concern to the public because of eco-
logical value, of indigenous character, size, age or
historic association. Determination that a tree is
a historic tree shall be made by resolution of the
city commission after a recommendation of the
beautification board of Winter Springs, and the
city forester shall keep a permanent record of all
trees so designated by the city commission. Spec-
imen trees are all trees (other than "undesirable
trees" identified in Appendix A, dead trees or
diseased trees) which have a caliper of twenty-
four (24) inches or more in diameter. Designation
as an historic tree may occur in any one of the
following ways:
(1) An applicant may request designation of
an historic tree as part of any master
plan, preliminary subdivision plat, or site
plan application. To do so, the applicant
shall submit an expert evaluation by a
landscape architect, horticulturalist, city
forester, or other horticultural expert as
part of the application.
(2) A property owner may request such des-
ignation at any time. To do so, the prop-
erty owner shall submit an expert evalu-
ation by a landscape architect,
horticulturalist, city forester historian or
other horticultural expert.
(3) The city forester may recommend such
designation as part of their review of any
application for development, stating in
writing their reasons for such designa-
tion, or may make such designation as
part of an overall tree protection planning
program for the city or portion thereof.
(4) Historic tree designations shall be subject
to approval by resolution of the city com-
mission and the city commission may grant
tree replacement credits, upon granting
an historic tree designation.
(b) Removal. Notwithstanding any other pro-
vision of this chapter, specimen or historic trees
shall not be removed except for extraordinary
circumstances and hardships and only by final
permit approved by the city commission.
(Ord. No. 2002-08, § 2, 4-8-02; 2003-22, § 2,
10-13-03)
Sec. 5-9. Tree replacement guidelines.
(a) Tree replacement. All trees that are re-
moved or destroyed and subject to replacement by
this chapter shall be replaced by a species of tree
cited in Appendix B, desirable trees or such other
trees properly approved by the city forester. Re-
placement shall occur prior to the issuance of a
certificate of occupancy (if approval is pending) or
within thirty (30) days of removal or destruction,
whichever date is earlier, unless a greater replace-
ment period is provided for good cause by permit.
(b) Criteria for• replacement trees is as follows:
(1) Characteristics of replacement trees. The
replacement trees) shall have at least
equal shade potential, screening proper-
ties, and/or other characteristics compa-
rable to that of the tree(s) requested to be
removed.
(2) Size of replacement trees. Replacement
trees) are to be made according to the
tree replacement standards set forth in
Table 1 [at the end of this section]; or (2)
otherwise agreed upon by the city commis-
sion and applicant.
Supp. Mn 9 317
§ 5-9
WINTER SPRINGS CODE
(3) 23•ee species. Relocated or replacement trees District or the U.S. Army Corp of
shall include only species and sizes de- Engineers, or as depicted on Map
fined as desirable trees (Appendix B) un- V-3: Existing Wetlands in the City of
der this chapter. Winter Springs Comprehensive Plan)
(4) Transplanting and maintenance require- dedicated to the city as part of a
ments. All trees transplanted pursuant to development project, three (3) replace -
this chapter shall be maintained in a ment tree credits may be applied to
healthy, living condition. Any such trees the total number of trees required to
which die shall be replaced and main- be replaced by this chapter. How-
tained by the property owner. The city ever, the minimum tree requirement
shall retain jurisdiction for one (1) year to set forth in section 5-13 shall still
ensure compliance with this chapter. apply. Such public conservation area
must be at least one (1) acre with
(5) Waivers of replacement tree(s) specifica- widths not less than one hundred
tions. The number of required replace- twenty-five (125) feet, unless other-
ment trees may be waived by the city wise approved by the city commis -
commission, if the city commission deter- sion. In addition trees approved b
pP y
the city forester to reforest such con -
to be preserved on site are of sufficient servation area shall also be applied
number and quality to substantially com- to the replacement requirement on a
ply with the purpose and intent of this one -for -one basis,
chanter and a tree replacement fee is Paid
to the city's "tree bank," which is hereby c. If the city commission determines,
established. Monies collected in the tree due to site conditions or configura-
bank shall be used for enhancement and tion, it is impossible or impracticable
maintenance of trees on public lands. The for the applicant/developer to meet
contribution to the tree bank may be the requirements for tree replace -
waived by the city commission for individ- ment, under this subsection, the city
ual homeowners, on a case -by -case basis, commission may allow the applicant/
if the homeowner can demonstrate that developer to pay into the city's "tree
the payment of the fee will cause the bank" the amount it would have spent
homeowner an undue economic hardship. on replacement trees.
Substitute tree(s) allowed under this waiver
provision must have the approval of the d. Tree replacement credit shall be al -
city commission. The amount to be paid lowed for the installation of pre -
into the tree bank shall be set forth in ferred plants in accordance with the
Table 1 and should be based upon whole- provisions set forth in Appendix B:
sale market value of the trees being re- Desirable Trees. In addition, for new
placed, plus installation and maintenance development, tree replacement credit
costs to establish the tree. shall be allowed for the preservation
of existing Desirable Trees on the
(6) Replacement guidelines. The following tree development site, excluding wetland
replacement guidelines shall apply: areas and existing conservation ar-
a. All plant material specified shall be eas, as follows:
Florida Grades and Standard One
(1) or better. Reduction in
Replacement
b. For each tree located within a public DBH of Preserved Vlee Trees
conservation area (excluding juris- 4" up to but not includ-
dictional wetlands determined by the
St. John's River Water Management ing 9" 1 credit
Supp. No. 5 318
DBH of Prese�•ued Tree
9" up to but not includ-
ing 12"
12" up to but not includ-
ing 16"
16" up to but not includ-
ing 24"
TREE PROTECTION AND PRESERVATION
Reduction in (3) Control and elimination procedures shall
Replacement in no way promote the proliferation of the
Trees species through the dispersal of seed or
other vegetatively reproducing parts.
2 credits (4) Control and elimination procedures shall
in no way harm or cause the decline of
preserved or planted trees and landscap-
3 credits ing.
4 credits
Specimen and Historic
Trees 0 credits
e. Trees planted under a powerline shall
not exceed a mature height of twenty-
five (25) feet.
£ Diversity of species shall be required
for replacement trees and not more
than twenty (20) percent of the re-
placement trees shall be of a single
species.
g. All landscape plans shall be pre-
pared by a landscape architect li-
censed by the State of Florida, un-
less the city determines the proposed
landscaping or tree removal has a
deminimus impact on the property.
(c) Replacement cost. The property owner shall
be responsible for the cost of replacing the trees
removed from their property.
(d) Elimination of undesirable trees and shrubs.
The natural vegetative communities existing within
the city shall be protected by the control and
elimination of invasive, nonnative species. To that
end, the following guidelines shall apply:
(1) Planting of trees and shrubs listed in
Appendix A, Undesirable Trees, is prohib-
ited.
(2) Removal of trees and shrubs listed on
Appendix A, Undesirable Trees, from com-
mercial, office, industrial, or multifamily
sites (excluding jurisdictional wetlands)
shall be completed, whenever practicable,
as a requirement for approval of any de-
velopment permit issued by the city or the
issuance of a certificate of occupancy if
applicable.
(e) Limited exception for existing single-family
S. Notwithstanding any other tree replacement
standard set forth in this section, a tree removal
permit for a single tree shall be granted, as a
matter of right, for each existing single family
home lot, provided the city forester determines
that:
(1) The tree is not a specimen or historic tree;
(2) The tree canopy covering the pervious
portion of the lot after removal of the tree
will be greater than fifty (50) percent; and
(3) A permit under this subsection (e) had not
been granted during the preceding ten-
year period.
(Ord. No. 2002-08, § 2, 4-8-02; 2003-22, § 2,
10-13-03)
Supp. No. 9 019
§ 5-9
WINTER SPRINGS CODE
Supp. No. 5 320
TREE PROTECTION AND PRESERVATION
Sec. 540. Prohibitions.
(a) Placement mamachinery, or tern-
porazl soil deposits. It shall be unlawful to place
material, machinery, or temporary soil deposits
within the tree protection zone, as calculated
according to Appendix C: Calculating Tree Protec-
tion Zone, before or during construction. Before or
during construction the builder shall erect and
maintain suitable protective barriers around all
trees to be preserved. Upon written request, the
city forester, on a case by case basis, may allow
material or temporary soil deposits to be stored
within the protective barrier if no other storage is
available.
(b) Climbing spurs. It shall be unlawful to use
climbing spurs or other similar device to aid in
the climbing of a live tree, where such device
causes the puncture or tears the bark of the tree.
(c) Ti•ee spiking. It shall be unlawful to intro-
duce any type of poison or reactive material to a
tree for the purpose of causing it to die or become
diseased.
(d) Structure aizd pavement location. It shall
be unlawful to place any structure or impervious
paving within eight -foot radius of any tree trunk
or stem having a diameter of four (4) inches or
more at caliper.
(e) City trees. It shall be unlawful to trim,
prune, or remove any tree which is within the
city's rights -of --way or upon any other city prop-
erty without the permission of the city evidenced
by the appropriate permit.
(f) Attachments. It shall be unlawful to attach
anything to a tree or stem, including nails or
spikes, having a diameter of four (4) inches or
more at caliper, other than protective wires, braces
or other similar noninjurious materials.
(g) Cut and fill guidelines. It shall be unlawful
to remove or add any material or ground within
the tree protection zone unless otherwise permit-
ted by the forester.
(h) Encroachment of the dripline. During the
construction stage of development, the developer
or property owner shall not cause or allow land
clearing, the use of heavy equipment or material
within the dripline of any tree or groups of trees
to be retained. Neither shall the developer cause
or allow the disposal of waste material such as
paint, oil, solvents, asphalt, concrete, mortar or
any other material harmful to the life of a tree
within the dripline of any tree or groups of trees,
or where planting beds are to be situated.
(i) Shearing, hat racking, topping or poodle
trimming of trees (lollipop), lions -tailing, pollard-
ing of Rees. Trees intended for shade purposes
shall be allowed to reach their mature canopy
spread. It shall be unlawful to engage in excessive
pruning techniques on trees intended for shade
purposes. Excessive shearing, pruning or shaping
shall only be allowed with a permit by demon-
strating necessity or without a permit in times of
emergency only. The following are deemed unlaw-
ful excessive pruning techniques which are pro-
hibited on shade trees:
(1) Lions tailing: The improper practice of
removing most secondary and tertiary
branches from the interior portion of the
canopy leaving most live foliage at the
edge of the canopy.
(2) Toppi�zg, hatracking, stag heading, de -
horning, lopping, and rounding over: the
improper practice of reducing tree size by
making heading cuts through a stem more
than two (2) years old; a pruning practice
that destroys tree architecture and serves
to initiate discoloration and perhaps de-
cay in the cut stem.
(3) Pollarding: The pruning technique that
removes sprouts back to the same location
annually or biannually maintaining a tree
to a specific height.
(4) Shearing: A pruning technique which is
typically accomplished with cuts made
through wood less than a year old at the
sides of the canopy to create uniform
dense canopies.
(5) Poodle trimming: Combines shearing and
removing lower limbs to create tree forms
that look like a "lollipop."
Supp. No. 5 321
WINTER SPRINGS CODE
(J) Construction near adjacent property. Walls,
structures, and pavement shall not be con-
structed in any way which will result in damage
to roots within the tree protection zones of trees
located on adjacent properties.
(Ord. No. 2002-08, § 2, 4-8-02; 2003-22) § 2,
1043-03)
Sec. 5-11. Reserved.
Sec. 5-12. Permit contents; expiration; re-
moval after expiration of permit.
(a) Permit contents. The tree removal permit,
when issued, shall specifically identify which trees
shall be permitted to be removed. The removal
permits merely authorize the removal of the trees
specified therein. Nothing in this chapter shall be
construed to require the removal of such trees by
the permittee.
(b) Permit expiration. Any permit issued under
this chapter shall automatically expire six (6)
months after issuance, except for permits issued
in conjunction with a building permit which shall
automatically expire six (6) months after issuance
or at such time the building permit expires,
whichever is later.
(c) Restrictions on tree removal after permit
expiration. Trees not removed during the life of
the permit may not be removed without the
issuance of a new permit based upon a new
application.
(d) Per•rnit display. The permit shall be located
and maintained upon the site at all time until
final inspection or until issuance of a certificate of
occupancy if applicable. For new developments,
the permit shall be attached to the "posting board"
with other permits. For existing developments
and existing single-family residences, the permit
shall be displayed so as to be easily visible from
the street.
(Ord. No. 2002-08, § 2, 4-8-02; 2003-22, § 2,
1043-03)
Supp. No. 5 322
co 5-13. Minimum tree requirement.
No certificate of occupancy shall be issued on
the types of construction indicated below unless
the underlying parcel has at least the required
minimum number of approved trees:
(a) Any new single-family or duplex dwelling
unit on a lot of less than six thousand
(6,000) square feet or greater: not fewer
than two (2) trees.
(b) Any new single-family or duplex dwelling
unit on a lot equal to six thousand (6,000)
square feet: not fewer than two (2) trees
plus one (1) additional tree for each four
thousand( 4,000) square feet over six thou-
sand (6,000) square feet.
or other structure requiring site plan ap-
proval under the city land development
regulations: no fewer than six (6) trees or
four (4) trees ner acre, whicheArQx' is m eater.
(Ord. No. 2002-08, § 2, 4-8-02; 2003-22, § 2,
10-13-03)
Sec. 5-14. Tree protection during develop-
ment and construction; periodic
inspection.
(a) Restrictions during construction. It shall be
unlawful for any person, during the construction
of any structures or other improvements, to place
solvents, petroleum products, paint or masonry
materials, construction machinery or temporary
soil deposits within the dripline of any tree for
which a tree removal permit is required but has
not been obtained. This provision includes soil
that is placed in the dripline permanently for the
purpose of a grade change, unless the grade is
changed according to the guidelines described in
the Florida Division of Forestry, Department of
Agriculture and Consumer Services Publication,
Tree Protection Manual for Buildings and Devel-
opers.
(b) Burden of tree protection orz property owner:
It shall be the responsibility of a property owner
and their agents to ensure that any tree shown on
the tree inventory for which a tree removal per-
mit has not been obtained is to be protected. The
property owner shall guarantee survival of re-
TREE PROTECTION AND PRESERVATION
tamed trees and replacement trees for one (1)
year from completion of permitted construction,
unless a greater time period is required by devel-
opment agreement. If a retained or replacement
tree dies during that time period, the property
owner shall replace the tree in accordance with a
remedial action approved under section 5-17 of
this chapter.
(c) Protective barriers and signage required.
Protective barriers shall be installed prior to
construction (as determined using Appendix C.
Calculating Tree Protection Zone) around every
tree or group of trees to be preserved. Waterproof,
rigid "Protection Zone Area" signs, as shown on
Appendix D: Tree Protection Area Signage and
not smaller than two (2) feet by three (3) feet shall
be posted at 10046ot increments along the protec-
tive barriers.
(d) Site inspections. The city forester may con-
duct periodic inspections of the site. It is the
responsibility of the property owner and their
agents to ensure that all provisions of this chap-
ter are met.
(e) Adjacent properties. The property owner
and their agents shall ensure that the tree pro-
tection zones of trees located on adjacent proper
ties are protected as required by this chapter for
trees located on the site being developed.
(Ord. No. 2002-08, § 2, 4-8-02; 2003-22, § 2,
10-13-03)
Sec. 5-15. Voluntary tree planting.
This chapter shall not be interpreted to re-
strict, regulate or limit the voluntary planting of
any tree within the city. The provisions of this
chapter govern only the planting of trees which
are required to be planted or retained under this
chapter. Trees or plants planted in the city's
rights -of -way are subject to removal or trimming
by the city at any time.
(Ord. No. 2002-08, § 2, 4-8-02; 2003-22, § 2,
10-13-03)
Sec. 5-16. Waivers; incentive program and
appeals.
(a) Waivers. The city commission may grant a
waiver to provisions of this chapter where the
applicant demonstrates that the literal mterpre-
Cation of the chapter will deny the applicant
reasonable use of the property or where such
waiver can be demonstrated to be consistent with
the purpose and intent of the chapter. The pres-
ervation of any approved tree over four (4) inches
in caliper may be considered as the basis for the
granting of a waiver from the literal application of
the provisions of the city's land development
regulations. If, in the determination of the city
commission, the sole basis for the request for
waiver is to preserve such tree which would
otherwise have to be removed, it may direct any
required waiver fee to be waived.
(b) Appeals. Any person adversely affected by
an administrative interpretation of this chapter
by the city forester may first appeal that inter-
pretation to the city manager by filing a written
notice of appeal of said interpretation within ten
(10) calendar days of said interpretation. The city
manager shall decide said appeal within five (5)
business days. Any person adversely affected by
an administrative decision of the city manager
under this chapter may appeal that interpreta-
tion to the city commission by filing a written
notice of appeal of said interpretation within
thirty (30) calendar days of said interpretation.
Failure to file an appeal within the time periods
required by this subsection shall result in the
administrative interpretation to be declared final
anI shall be deemed a waiver of the person's right
to further appellate review and proceedings. The
city commission shall decide said appeal within
thirty (30) days of the city's receipt of said notice
of appeal and the city commission's decision shall
be final. Except for the mandatory time periods
required for the notice of appeal, the time periods
required for a decision may be extended by mu-
tual agreement between the city and the person
ng the notice of appeal.
(c) Incentive program. The city commission re-
serves the right to offer and approve incentives
for purposes of protecting and preserving mature
trees and planting enhanced landscaping. Such
incentives shall have a public benefit and may
include, but are not limited to, varying provisions
of the city's land development regulations (e.g.
reduced parking; modified setbacks) and provid-
ing credits to city development fees. Any incen-
tives granted under this subsection shall be con-
Supp. No. 5 323
WINTER SPRINGS CODE
sistent with the comprehensive plan and shall be
by development agreement or other formal ap-
proval.
(Ord. No. 2002-08, § 2, 4-8-02; 2003-22, § 2,
10-13-03)
Sec. 5-17. Remedial action.
(a) Violations require remedial action. Where
violations of this chapter have occurred, remedial
action shall be taken to restore the property
consistent with a restoration plan approved by
the city forester or the city commission if the
violation is inconsistent with plans, permits, or
agreements approved by the city commission. The
restoration plan may require mitigation of any
other damage to the property, as well as tree
replacements.
(b) Ti•ee replacement remediation requirements.
Each tree destroyed or receiving major damage
during construction must be replaced by either a
commarable size and desirable type of tree as
listed within Appendix B or providing a contribu-
tion to the tree bank equal to four (4) times the
contribution listed on Table 1. Tree Replacement
Standards [following section 5-91 or planting four
(4) preferred plants listed within Appendix B
before issuance of a certificate of occupancy or
certificate of completion.
(c) Property owner to guarantee survival of
replaced trees. The property owner shall guaran-
tee the survival of the trees required to be placed
under subsection (b) above for a period of two (2)
years from the date the certificate of occupancy or
certificate of completion is issued, unless a greater
time period is required by development agree-
ment. If the replacement tree dies, the tree shall
be replaced in accordance with this section.
(Ord. No. 2002-08, § 2, 4-8-02; 2003-22, § 2,
10-13-03)
Sec. 548. Enforcement; penalties.
(a) Enforcenzezzt. The city may enforce the pro-
visions of this chapter by any lawful means in-
cluding, but not limited to, issuing a civil citation,
bringing charges before the city's code enforce-
ment board or special master, and seeking injunc-
tive and equitable relief. For purposes of deter-
mining the penalties provided under this chapter,
the removal or death of a tree in violation of this
chapter shall be deemed irreparable or irrevers-
ible.
(b) Penalties. In addition to all other remedies
set forth in this chapter, one or more of the
following civil fines shall apply to violations of
this chapter:
(1) Failure to obtain a permit under section
54(a): Fine of two hundred fifty dollars
($250.00) per tree or five hundred dollars
($500.00) per specimen or historic tree
removed, not to exceed five thousand dol-
lars ($5,000.00).
(2) Rernoual of a tree without a permit: Fine of
fifty dollars ($50.00) per caliper inch, not
to exceed five thousand dollars (.5.000.00)
per tree.
(3) Removal of a specimen or historic tree
without a permit: Fine of one hundred
dollars ($100.00) per c^lipor inch, not to
exceed five thousand dollars ($5,000.00)
per tree.
(4) Failure to abide by a cease and desist
order issued under this Chapter: Fine of
five hundred dollars ($500.00) per day.
(5) Failure to obtain a contractor's license
under section 5-4(e): Fine of two hundred
fifty dollars ($250.00) (1st offense); five
hundred dollars ($500.00) (2nd and each
subsequent offense).
(6) Failure to abide by the requirements of
section 5-10 of this Chapter: Fine of two
hundred fifty dollars ($250.00) per occur-
rence.
(7) Any other uiolatio�z of this chapter•: Fine as
provided by law and this chapter.
(c) Civil fine determination. In determining
the amount of the civil fine under subsection (6)
above, the following factors shall be considered:
(1) The gravity of the violation.
(2) Any actions taken by the violator to cor-
rect the violation.
(3) Any previous violations of this chapter
committed by the violator.
Supp. No. 5 324
TREE PROTECTION AND PRESERVATION
(4) The number and size of the trees re-
moved, if any.
(5) The historical significance of any tree
removed if the tree was deemed historic.
(6) Whether the violation is irreparable or
irreversible in nature.
(7) The remedial actions offered by the viola-
tor to restore the property consistent with
this chapter.
(Ord. No. 2002-08, § 2, 4-8-02; 2003-22, § 2,
10-13-03)
Sec. 5-19. Authorization to adopt rules and
regulations and fees for implemen-
tation.
The city commission is hereby authorized to
adopt, by resolution, such rules and regulations
and fees as are necessary or proper to implement
this chapter.
(Ord. No. 2002-08, § 2, 4-8-02; 2003-22, § 2,
10-13-03)
Supp. No. 5 325
§ 5-19
WINTER SPRINGS CODE
[THIS PAGE INTENTIONALLY LEFT BLANK]
Supp, No. 5 326
TREE PROTECTION AND PRESERVATION
Common Name
Mimosa, silk tree
Woman's tongue
Orchid tree
Bischofia
Carrotwood
Australian pine
Suckering Australian pine
Camphor tree
Laurel fig
Glossy privet
Chinese privet, hedge privet
Melaleuca, paper bark
Chinaberry
Catclaw mimosa
Strawberry guava
Guava
Downy rose -myrtle
Popcorn tree, Chinese tallow tree
Schefflera, Queensland umbrella tree
Brazilian pepper, Florida holly
Tung -oil tree
Paper mulberry
Australian pine
Indian rosewood, sissoo
Ear -pod tree
Goldenrain tree
Lead tree
Senegal date palm
Botanical Narne
Albizia julibrissin
Albizia lebbech
Bauhinia variegata
Bischofia javanica
Cupaniopsis anacardioides
Casuarina litorea (=C. equisetifolia)
Casuarina glauca
Cinnamomum camphora
Ficus nicrocarpa
Ligustr•um lucidum
Ligustrum sinense
Melaleuca quinquener•via
Melia azedar•ach
Mimosa pigr•a
Psidium guajava
Psidium Montana (=P. littorale)
Rhodornyr•tus tomentosa
Sapium sebifer•um
Sclzeffler•e actinophylla (=Brassaia
actinophylla)
Schinus ter•ebinthefolius
Aleur•ites fordii
Broussonctia papyrifera
Casuarina cunninghamiana
Dalbergia sissoo
Enterolobium contortisilquurn
Koelreuteria elegans
Leucaena leucocephala
Phoenix reclinata
App. A
Supp. No. 5 827
Ch. 5, App. A
Common Name
Castor bean
WINTER SPRINGS CODE
Botanical Name
Castor bean
Rose -apple Syzygium jambos
(Ord. No. 2002-08, § 2, 4-8-02; Ord. No. 2003-22, § 2, 1043-03)
Supp. No. 5 328
TREE PROTECTION AND PRESERVATION
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Ch. 5, App. C WINTER SPRINGS CODE
APPENDIX C
CALCULATING TREE PROTECTION ZONE
The following guidelines shall be applied to determine the Tree Protection one:
1. Evaluate the species tolerance of the tree: good, moderate, or poor (See list on next page)
2. Identify tree age: young (<20% of the tree's life expectancy), mature (20% - 80% of the tree's life
expectancy), or overmature (>80% of the tree's life expectancy)
3. Using the table below, find the distance from the trunk that should be protected per inch of trunk
diameter.
4. Multiply the distance by the trunk diameter to calculate the optimum radius (in feet) for the tree
protection zone.
Example:
A healthy 60-year old, 30" diameter California black walnut (poor tolerance, mature age)
1.25' x 30" = 37.5' radius tree protection zone.
Distance from trunk feet (per
Species Tolerance Tree Age inch trunk diameter)
Good Young 0.5'
Mature 0.75'
Overmature 1.0,
Moderate Young 0.75'
Mature 1.0,
Overmature 1.25'
Poor Young 1.0'
Mature L 25'
Overmature L5'
Source: Trees and Development, a Technical Guide to Preservation of Ti•ees During Land Development,
Nelda Matheny and James Clark, 1998, International Society of Arboriculture, Champaign, IL
(Ord. No. 2002-08, § 2, 4-8-02; Ord. No. 2003-22, § 2, 1043-03)
Supp. No. 5 334
TREE PROTECTION AND PRESERVATION Ch. 5, App. C
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TRUE PROTECTION AND PRESERVATION
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Ch. 55 App. C
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Ch. D, App. C
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TREE PROTECTION AND PRESERVATION
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Ch. 53 App. C WINTER SPRINGS CODE
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TREE PROTECTION AND PRESERVATION Ch. 5, App. C
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Supp. No. 5 345
Ch. 5, App. C
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TREE PROTECTION AND PRESERVATION
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Supp. No. 5 347
Ch. 5, App. C
WINTER SPRINGS CODE
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Supp. No. 5 349
Ch. 5, App. C
WINTER SPRINGS CODE
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Supp. No. 5 350
TREE PROTECTION AND PRESERVATION
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Supp. No. 5 351
no 01 f c INTER SPRINGS CODE
s 9p � .s aa2
TREE PROTECTION AND PRESERVATION
APPENDIX D
TREE PROTECTION AREA SIGNAGE
Machinery, Dumping, Construction,
Parking, or Storage of Any Materials is
PROHIBITED
By City of Winter Springs
Violators are subject
to municipal infraction citations of up to
$5000 per violation.
Enforced by the City of Winter Springs
Pursuant to Chapter 5 of the City Code
Tree Protection Area Signage
App. C
The sign shall be made of rigid material such as wood, metal or durable plastic. Non -rigid materials such
as paper, cardboard, cellophane or foil are not acceptable. The sign shall be two (2) feet wide by three (3)
feet long.
[The next page is 365]
Supp. No. 5 353
LAND DEVELOPMENT
Sec. 9-204. Streetlights and traffic signs.
Sec. 9-205. Bridges.
Secs. 9-206-9-220. 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.
Sec.
9-346.
Prohibitions.
Supp. No. 5 557
WINTER SPRINGS CODE
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.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec,
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Secs
Sec.
Sec.
Sec.
Sec,
Sec.
Sec.
Sec.
Sec.
Sec.
Division 2. Transportation Facilities
rtation impact fees.
Division 3. Police, Fire, Public Buildings and Parks and Recreation
9-391.
Generally.
9-391.1.
Levy and purpose.
9-391.2.
Definitions.
9-391.3.
Applicability and exemptions.
9-391.4.
Reserved.
9-391.5.
Payment of fees.
9-391.6.
Credits.
9-391.7.
Establishment of a trust fund.
9-391.8.
Capital expansion plans.
Supp. No. 5 558
LAND DEVELOPMENT
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. 9-403. Standards for determining vested rights.
Sec. 9404. Limitations on determination of vested rights.
Secs.9-404-9-499. Reserved.
Article X. Concurrency Administration and Evaluation Procedure
Division 1. Overview and Exemptions
Sec. 9-500. Purpose of Concurrency evaluation.
Sec.
9-501.
Definitions.
Sec.
9-502.
Application submittal.
Sec.
9-503.
Reserved.
Sec.
9-504
Change of use.
Sec.
9-505.
Demolitions.
Secs.
9-506-9-509.
Reserved.
Division 2. Level of Service Standards (LOS)
Sec.
9-510.
Introduction.
Sec.
9-511.
Potable water LOS (Reserved).
Sec.
9-512.
Solid waste LOS (Reserved).
Sec.
9-513.
Wastewater LOS (Reserved).
Sec.
9-514.
Parks and recreation LOS.
Sec.
9-515.
Storm water LOS (Reserved).
Sec.
9-516.
7h•ansportation 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 conunission.
Secs. 9-543-9-560. Reserved.
Supp. No. 5 559
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. y-6U4. Duration of approval.
Sec. 9-605. Application criteria.
Sec. 9-606. Building permits; enforcement.
Supp. No. 5 560
LAND DEVELOPMENT
(2) Minimum distance and setbacks. The park-
ing space, if on the same lot with a main
building, shall not be located within the
front yard required by the sections of this
Code for such building. If not on the same
lot with the principal building, the park-
ing lot shall not be closer to any street line
than the established building line on ad-
jacent properties, or less than the setback
required for the district in which the
parking area is located. Further, any wall,
fence of hedge developed along the street
side of the parking lot shall observe the
building setback requirements applicable
on such street or streets.
(3) Screening and landscaping. All parking
lots shall be effectively screened on each
side which adjoins or fonts property sit-
uated in any residential or multiple dwell-
ing district by a wall, fence or densely
planted, compact hedge. Such wall, fence
or hedge shall be not less than three (3)
feet nor more than four (4) feet in height
and shall be maintained in good condi-
tion.
(4) Lighting. Any lighting used to illuminate
any off street parking lot shall be so ar-
ranged as to reflect the light away from
adjoining properties.
(5) Plot plan showing location of parl?ing area.
No application for a building permit for a
new, enlarged or altered structure or im-
provement or use shall be approved un-
less accompanied by a plot plan drawn to
scale, showing the required off-street au-
tomobile parking facilities as specified
herein; nor shall a permit be issued for
the improvement of a parking area to
serve as an accessory use to an existing
building or buildings until a plat plan
drawn to scale has been submitted in
accordance with the provisions contained
herein.
(6) Certificate of occupancy or use permits. No
certificate of occupancy or use permits
Will be issued upon completion of any
building or addition which would require
an increase in parking space or off-street
loading and unloading space, unless and
until all off=street parking and loading
space requirements, shown upon the plans,
are made a part of the building permit,
shall be in place and determined by the
building official to be ready for use.
(7) Reserved.
(8) Loading space. As required under off-
street loading and unloading regulations,
the space supplied for such off-street load-
ing and unloading purposes shall not be
construed as supplying required off-street
parking space.
(9) Location of parizing spaces. Parking spaces
provided pursuant to this section must be
graveled or hard -surfaced and properly
drained and shall be located on the same
property as the principal building, or on a
properly zoned lot within three hundred
(300) feet of the building. Such distance
shall be walking distance measured from
the nearest point of the parking lot to the
nearest boundary of the property on which
the building is located and that the park-
ing lot is required to serve. In determin-
ing automobile parking spaces, if not shown
by actual plan and count, three hundred
(300) square feet of gross area per parking
space will be used in computing the num-
ber of spaces. When units of measure-
ments determining the number of re-
quired off-street parking and off-street
loading spaces result in a requirement of
a fractional space, any fraction up to and
over one-half shall require one (1) off-
street parking space or one (1) off-street
loading space.
(10) Collective action relative to off-streetpark-
ing and loading. Nothing in the sections
of this Code shall be construed to prevent
the joint use of off-street parking or off-
street loading space for two (2) or more
buildings or uses if the total of such spaces,
when used together, shall not be less than
the sum of the requirements for the vari-
ous individual uses computed separately
in accordance with the off-street parking
Supp. No. 9 589
WINTER SPRINGS CODE
regulations and off-street loading and un-
loading regulations of the sections of this
Code.
(11) Mixed uses. In the case of mixed uses, the
total requirements of off-street parking
and loading space shall be the sum of the
requirements of the various uses com-
puted separately as specified in the off-
street parking regulations and off-street
loading and unloading regulations of the
sections of this Code, and the off-street
parking and off-street loading and unload-
ing space for one (1) use shall not be
construed as providing the required off-
street parking or off-street loading space
for any other use.
(7 21 T lie .^f .."CK L.'i:'nd C�� �t;'^,Ct pw1'� ilb by' ail
other building. No part of an off-street
parking lot required for any building or
use for the purpose of complying with the
provisions of the sections of this Code,
shall be included as a part of off-street
parking area, similarly required for other
buildings or uses, unless the type of struc-
ture indicates that the periods of usage of
such structures will not be simultaneously
used with each other, such determination
to be made by the planning and zoning
board; or unless the size of the off-street
parking lot is sufficient to comply with the
provisions of the sections of this Code.
(13) Remote parking lots encumbered. Where
the provisions of the off-street parking for
a building or other use established subse-
quent to the adoption of this section in-
volves one (1) or more parcels or tracts of
land that are not a part of the plat on
which the principal use is situated, the
applicant for a permit for the principal
use shall submit with his application for a
building permit an instrument duly exe-
cuted and acknowledged, which subjects
such parcels or tracts of land to parking
uses in connection with the principal use
for which it is available; provided, how-
ever, that such encumbrance shall only be
effective for the period of time during
which the certificate of occupancy is in
effect for the particular use for which the
Supp. No. 9 590
building permit is issued. However, the
new occupant must still meet the require-
ments for such new occupancy as pro-
vided by the sections of this Code. The
applicant shall deposit the necessary re-
cording fee and upon issuance of a build-
ing permit, the building official of the city
shall cause such instrument to be re-
corded in the office of the clerk of the
county circuit court. Such encumbrances
shall be null and void and of no effect, if
and when the city shall rescind or termi-
nate off-street parking requirements for
the building to be served by the encum-
bered lot, parcel or tract.
(14) Power's of variance of board of adjust-
ment. The board of adjustment is hereby
authorized and empowered after a proper
hearing thereon with due notice to the
interested parties, to permit a variation
or modification in the required location of
n:
ori-street pa�.•king space, ifafter iirvestiga-
tion by such board it is found that such
variation is necessary to prevent unrea-
sonable hardship or to secure an appro-
priate development of a specified parcel of
land which has peculiar or exceptional
geographical or topographical conditions,
or is a size, shape, dimension, or location
that it cannot be reasonably developed in
accordance with the provisions of sections
of this Code, as herein authorized will not
be inconsistent with the spirit and pur-
pose of this section. In granting any vari-
ations or modifications as herein autho-
rized, such board of adjustment may impose
conditions and limitations in respect to
the proposed use and development of the
premises as in its judgment are necessary
in order to provide adequately for the
public safety and to do substantial justice
to the parties involved, having in mind
the public interest, safety and welfare in
connection therewith; provided, however,
that nothing herein shall be construed to
limit or curtail the existing authorities
and powers of the board of adjustment,
and this provision shall be deemed cumu-
lative, and in addition to such existing
powers and authorities.
LAND DEVELOPMENT
(15) Accessory parking in residential areas. A
lot or lots separated by a common bound-
ary from a commercial district but located
in a R-lA or R-1AA single-family dwelling
district may be used as a free parking lot
or lots to service the contiguous and ad-
joining commercial use or uses, provided,
however, that:
a. No advertising signs are erected in
the area.
b. The setback from the front property
line shall be the same as for the
district in which the lot or lots are
located.
c. All automobile parking lots shall be
effectively screened on each side
which adjoins or fronts property sit-
uated in any residential or single-
family dwelling district by a wall,
fence or densely planted compact
hedge. Such wall, densely planted
hedge or fence shall not be less than
four (4) feet in height and shall be
maintained in good condition.
d. No structures shall be erected in
such areas.
(16) Common boundary construed. For the pur-
pose of (15) above, the term common bound-
ary shall be deemed to include all or any
part of a line between a commercial dis-
trict and an R-1, R-IA or R4AA single-
family dwelling district, or the separation
of a commercial district from an R-1,
R-IA, and R4AA single-family dwelling
district by an intervening public street,
alley or other way where the parcels in
question lie wholly or partly in a position
directly opposite from each other in such a
manner that in the absence of the public
street, alley or way, the parcels would
have a common boundary line in whole or
in part.
(Ord. No. 44, § 44.73, 1-8-68; Ord. No. 2003-36,
§ 10-13-03)
Sec. 9-279. Off-street parking of commer-
cial vehicles.
Except for the temporary parking of vehicles
conducting business on the premises or engaged
§ 9-281
in the loading or delivering of materials, no over-
night parking of tractor trailers, cube vans, semi-
trailers and/or cabs shall be permitted on any
off-street parking facility within the city. Vehicles
owned or operated by the business located on the
licensed premises may be parked overnight pro-
vided that they are parked behind the business or,
if sufficient rear lot space is not available, in the
least visible space from any right -of --way and
abutting property. A special events permit may be
obtained for a period not to exceed fourteen (14)
days for the temporary parking of a trailer, semi-
trailer, and/or their cabs for special occasions.
After ninety (90) days, this permit may be re-
newed once during a twelve-month period.
(Ord. No. 721, § 1, 6-28-99)
DIVISION 7. DUMPSTERS.
Sec. 9-280. Definitions.
As used in this division the word "dumpster"
shall mean any container which is used for the
collection and disposal of bulk trash, refuse, veg-
etative waste, recyclable materials or other kinds
of waste, and which may be of the open or en-
closed variety, and is typically hoisted onto or
mechanically emptied into a specifically equipped
truA for transporting said waste to a designated
facility. Dumpsters are typically used for multi-
family, commercial, and industrial land uses.
(Ord. No. 2002-13, § 1, 5-13-02)
Sec. 9-281. Minimum screening require-
ments.
All dumpsters shall be screened on all four (4)
sides from public view and situated under the
following minimum screening, design, and
locational requirements.
(1) Both sides and the rear of the dumpster
shall be screened by an opaque wall made
of concrete, brick, stone, or other similar
durable material, provided the material
used is compatible with the architectural
design of the principal structure. The wall
shall be at least six (6) feet in height or
the height of the dumpster, whichever is
Supp. No. 9 591
WINTER SPRINGS CODE
greater. The wall shall be designed to
permit adequate and reasonable truck
pick-up by the solid waste hauler.
(2) The front of the dumpster shall be screened
by an opaque gate which shall remain
closed at all times, except for trash dis-
posal and pick-up.
(3) Dumpsters shall be placed in an area that
is least visible from the public right-of-
way and shall be situated so as to provide
for adequate and reasonable truck pick-up
by the solid waste hauler.
(4) Dumpsters shall be placed on a concrete
pad or other impervious surface deemed
suitable by the city.
(�) Res1auran0s or other commercial b
nesses that discard significant amounts of
food or other materials that decay, pro-
duce offensive odors or liquids, and/or
attract infectious diseaoes obq be ro
quired to equip the dumpster site with a
sewer drain and water. The sewer drain
and water source shall be subject to ap-
proval by the city. These dumpster sites
shall be cleaned with water and appropri-
ate cleaning products frequently and as
often as necessary to keep the dumpster
in a sanitary condition.
(6) Landscaping around the dumpster may
be required if deemed necessary by the
city in order to make the dumpster com-
patible with the surrounding neighbor-
hood and the site development.
(7) All new dumpsters shall comply with the
minimum requirements set forth herein
upon the effective date of this division.
The city commission may, by resolution,
approve a standard set of engineering
plans for an enclosed dumpster. Said plans
may be used by the public to satisfy the
requirements of this section. All dumpsters
existing on the effective date of this divi-
sion shall comply with the minimum re-
quirements set forth herein by March 1,
2004, except that any such existing
dumpster shall be grandfathered from the
six-foot height requirement set forth in
Supp. No. 5 592
section 9-281(1) and applicable zoning set-
back requirements, provided the dumpster
fully complies with all other provisions of
this section. In addition, existing dumpsters
may be screened by an opaque vinyl screen,
provided the material is deemed durable
and of high quality by the city in terms of
design and in accordance with current
building code standards.
(8) Dumpsters located within an enclosed
building are exempt from this section.
(Ord. No. 200243, § 1, 5-13-02; 2003-26, § 2,
8-11-03; Ord. No. 2003-39, § 2, 1140-03; Ord. No.
200340, § 2, 1-26-04)
Secs. 9-282-9-295. Reserved.
ARTICLE V. DESIGN STANDARDS
Sec. 9-296. Typical street sections.
The
following drawings illustrate typical cross
sections of streets constructed under the provi-
sions of this chapter:
LAND DEVELOPMENT
Secs. 9-387-9-390. Reserved.
DIVISION 3. POLICE, FIRE, PUBLIC
BUILDINGS AND PARKS AND RECREATION*
Sec. 9-391. Generally.
The city commission hereby establishes police,
fire, public buildings and parks and recreation
impact fees under the requirements of this divi-
sion. The city commission finds that the Florida
Growth Management Act mandates that local
government plan comprehensively for future
growth and that this division is consistent with
that mandate. In addition, Section 163.3202(3),
Florida Statutes, encourages the use of innova-
tive land development regulations which includes
the adoption of "impact fees." Further, new land
development activity generates public facility and
service demands within the city and it is reason-
able to require new development to pay a fair
share of the cost of expanding new public facilities
and services attributable to new development.
This division is enacted pursuant to the Florida
Municipal Home Rule Powers Act, Chapter 163,
Florida Statutes, the City of Winter Springs Com-
prehensive Plan, and other applicable law autho-
rizing a municipality to set rates, fees, and charges
for new development.
(Ord. No. 2003-04, § 2, 4-28-03; Ord. No. 2003-38,
§ 2, 11-10-03)
Sec. 9-391.1. Levy and purpose.
For the purpose of helping to deli ay the cost of
new or expanded police, fire, public building and
parks and recreation facilities and equipment
attributable to new construction within the city
limits, impact fees are hereby levied on new
construction within the city limits in accordance
with the provisions of section 9-391.5, payment of
fees, and other provisions of this division. This
*Editor's note —Ord. No. 2003-04, § 2, adopted April 28,
2003, amended former Div. 3, §§ 2-391-2-391.12, in its
entirety which pertained to police public safety facilities and
derived from Ord. No. 487, §§ 1-12, 7-9-90; Ord. No. 597,
§§ 1-12 9-25-95; Ord. No. 741, §§ 1-12, 9-27-99; Ord. No.
688, §§ 1-12, 10-27-97.
Cross references —Buildings and building regulations,
Ch. 6; building permits, § 646 et seq.; planning, Ch. 15;
zoning, Ch. 20.
§ 9-391.2
division is intended to be consistent with the
principles for allocating a fair share of the cost of
new public facilities to new users as established
by the Florida Supreme Court. In support of, and
as legal justification for, the impact fees adopted
under this division, the city commission hereby
adopts by reference the reports prepared by Land
Design Innovations, Inc. entitled, "City of Winter
Springs Impact Fee Analysis Report for Police,
Fire/Rescue and Parks & Recreation," dated No-
vember 2002 and "City of Winter Springs Public
Buildings Impact Fee Analysis Report," dated
August 2003.
(Ord. No. 2003-04, § 2, 4-28-03; Ord. No. 2003-38,
§ 2, 11-10-03)
Sec. 9-391.2. Definitions.
Unless otherwise specified herein, the defini-
tions, classifications and uses shall be as set forth
in the City of Winter Springs Land Development
Code.
(a) Building permit: Any building or construc-
tion permit required under the Winter Springs
Building Code, Chapter 6 of this Code.
(b) Fire public safety facilities capital improve-
ments: The land, building, facilities, vehicles and
equipment necessary for the fire department of
the city to provide firefighting and fire protection
services and paramedic services to the citizens of
Winter Springs.
(c) Nonresidential: Includes all land uses not
otherwise specified as residential or exempted as
set forth in this division. This shall include, but is
not limited to, day care facilities, residential care
facilities, nursing homes, boarding houses, home
occupations, educational facilities, libraries, cul-
tural facilities, churches, all commercial uses, all
transient lodging and entertainment facilities ex-
cept those which are temporary in nature, all
automotive facilities and/or structures, all miscel-
laneous business uses and services and all indus-
trial uses.
(d) Parks and recreation facilities capital inx-
proue�ne�zts: The land, buildings, facilities, vehi-
cles, and equipment necessary for the parks and
Supp. No. 5 627
§ 9-a912
WINTER SPRINGS CODE
recreation department of the city to provide parks
and recreation services to the citizens of Winter
Springs.
(e) Police public safety faces capital improve-
ments: The land, buildings, facilities, vehicles and
equipment necessary for the police department of
the city to provide police protection services to the
citizens of Winter Springs.
(f) Public buildi�zgs capital improuernents: The
land, buildings, facilities, vehicles and equipment
necessary for the general administrative services
division of the city to provide general administra-
tive services to the citizens of Winter Springs.
(g) Reside�atial: Includes single-family dwell-
ings, multifamily dwelling units, mobile homes,
accessory dwelling units, accessory residential
structures.
(Ord. No. 2003-04, § 2, 4-28-03)
Sec. 9-391.3. Applicability and exemptions.
(a) This division shall apply to all new con-
struction within the city limits except the follow-
ing:
(1) Expansion of a residential dwelling unit
not creating another dwelling unit; and
(2) Remodeling or rebuilding of any struc-
ture; and
(3) Construction under any building permit
originally issued during the year preced-
ing the effective date of this division; and
(4) Temporary activities and uses including,
but not limited to temporary construction
and temporary commercial amusements;
and
(b) In addition, nonresidential development shall
be exempt from parks and recreation impact fees.
(Ord. No. 2003-04, § 2, 4-28-03)
Sec. 9-391.4. Reserved.
Sec. 9-391.5. Payment of fees.
(a) Time of payment. The impact fees required
to be paid under this division shall be paid in
conjunction with the issuance of a building per-
mit, but in no case shall the building permit be
issued until all outstanding impact fees are paid
in full to the city.
(b) Method of payment. Impact fees shall be
paid in cash unless the city commission, at its sole
and absolute discretion, specifically accepts an
in -kind contribution of land or capital facilities for
public use which is reasonably related to the
purpose of the credited impact fee. Credit for any
in -kind contribution shall be on a fair market
vo] ue b^57,^, P^ of the datc the City Commi sl0il
accepts the offer of such contribution. The fair
market value of any land accepted as an in -kind
contribution shall be based upon an appraisal of
its highest and best use then allowed under the
cityIs current land use and zoning designations.
The appraisal shall be performed by a certified
appraiser, licensed to do business in Florida,
acceptable to the city. Such appraisal shall be
paid for by the donor. No credit will be granted
pursuant to this section unless the contribution of
land or capital facilities for public use has been or
will be included in the capital asset inventory of
the department of the city for which the impact
fee is imposed.
(c) Amount of fee. The following impact fees
are hereby adopted:
(5) Public service structures; and (1) Fire:
(6) Publicly owned and operated buildings or (i) Residential:
structures used for general governmental
purposes (to include but not limited to Impact Fee
sewer, stormwater, police, fire, ground Payment Year Impact Fee Due
transportation, solid waste, parks, recre- 2003 $173628
ation and cultural purposes); and 2004 174.41
(7) Construction associated with raising ani- 2005 175.64
mals1 and 2006 176.94
(8) Construction related to agriculture.
2007 178.34
Supp. No. 5 628
LAND UnvBLOPMBNT § 9-391.6
Note —Fee includes the same non-residential Impact Fee
development credit set forth below.
Payment Year Total Credit Due
(ii) Non-residential: $0.326 per square 2003 $176608
foot. 2004 169.77
2005 163.02
However, for non-residential Bevel- 2006 155.79
opment a credit shall be deducted 2007 148.05
from the calculated base fire impact
fee to offset payments which new (3) Parks and recreation:
development will incur (in the form M Residential:
of personal service taxes and fran-
chise fees) to retire outstanding City Impact Fee
of Winter Springs bonds which were Payment Year Impact Fee Due
used to finance past fire capital im- 2003 $914.53
provements as follows: 2004 928.66
Impact Fee 2005 943.78
Payment Year Total Credit Due 2006 959.96
2007 977.27
2003 $41.00 Note —Fee includes credit which new develop-
2004 39.87 ment will incur to retire outstanding bonds which
2005 38.64 were used to finance past parks and recreation
2006 37.34 capital improvements and to retire the Winter Springs
General Obligation Bond, Series 2002.
2007 35.94
Gi) Non-residential: None.
(2) Police: (4) Fire, police, and parks and recreation fees
and credits have been determined through
W Residential: 2007. A reassessment of the impact fees
and credits shall be provided prior to 2007
Impact Fee and codified in the City Code.
Payment Year Impact Fee Due
(5) Public buildings:
2003 $105047
2004 111.78 $100.00 per dwell-
2005 118.53 W Residential: ing unit.
2006 125.76
2007 133.50 (ii) Non-residen- 231.35 per 1,000
tial: square feet.
Note —Fee includes the same non-residential Note —Fee includes credit which new develop -
development credit set forth below. ment will incur to retire the 1984 improvements
revenue bond (as refunded from time to time) which
GO Non-residential: $0.164 per square was used to finance the construction of City Hall. At
foot. the time of establishing this public building impact
fee, this bond was the only outstanding bond which
was used to fund past construction of city adminis-
However, acredit shall be deducted fi om trative service public buildings.
the calculated base police impact fee to (Ord. No. 2003-04, § 2, 4-28-03; 2003-21, § 2,
offset payments which new development 6-23-03; Ord. No. 2003-38, § 2, 11-10-03)
will incur (in the form of personal service
taxes and franchise fees) to retire out- Sec. 9-391.6. Credits.
standing City of Winter Springs bonds
which were used to finance past police In addition to the discretionary credits autho-
capital improvements as follows: rized by the city commission under section
Supp. No. 5 629
§ 9-391.6
WINTER SPRINGS CODE
9-391.5(b), an applicant for a building permit
shall be entitled to a credit against future impact
fees assessed pursuant to this division for contri-
butions, dedications, or improvements required
by the city or through agreements with the city as
a condition of any development permit by the city,
and said credit shall be an amount equal to the
fair market value of any contribution of land or
capital facilities for public use. The impact fee
credit and the applicable contribution, dedication,
or improvements must be reasonably related. The
fair market value shall be determined as of the
date the city commission accepts the offer of such
contribution. The fair market value of any land
accepted for credit of future impact fees shall be
based upon an appraisal of its highest and best
use and then allowed under the city's current
land use and zoning designations. The appraisal
shall be performed by a certified appraiser, li-
censed to do business in Florida, acceptable to the
city. Such appraisal shall be paid for by the donor.
No c eclii, will be gialAc d j)LLI'.uaaL o iIlis section
unless the contribution of land or capital facilities
for public use was made within the year preceding
the effective date of this division, and the contri-
bution of land or capital facilities for public use
has been or will be included in the capital asset
inventory of the department of the city for which
the impact fee is imposed.
(Ord. No. 2003-04, § 2, 4-28-03)
Sec. 9-391.7. Establishment of a trust fund.
(a) The impact fees collected by the city pursu-
ant to this division shall be kept separate from
other revenue of the city and a capital expansion
trust fund is hereby created for each impact fee
category created under this division as follows:
(1) Police protection capital expansion trust
fund.
(2) Fire protection capital expansion trust
fund.
(3) Parks and recreation capital expansion
trust fund.
(4) Public buildings capital expansion trust
fund.
(b) Use of funds. The amounts in the impact
fee trust funds shall be exclusively used only for
the purpose obtained in the title of such fund and
for no other purpose. Expenditures from the fund
shall be specifically approved by the city commis-
sion and shall be limited to the expansion acqui-
sition of capital facilities or equipment made
necessary by the new construction from which the
fees were collected or for principal payments
(including sinking fund payments) on bonds to
expand or acquire such facilities or equipment.
Before authorizing an expenditure from any one
of these trust funds, the city commission shall
determine that:
(1) Such expenditure is for capital facilities
or equipment to be used for the purpose
contained in the title of the trust fund
from which the expenditure is to be made;
and
(2) Such expenditure is made necessary by
the new construction from which such
funds were collected; and
(3) Such expenditure shall result in a benefit
to the new construction from which said
funds were collected.
(Ord. No. 2003-04, § 2, 4-28-03; Ord. No. 2003-38,
§ 2, 11-10-03)
Sec. 9-391.8. Capital expansion plans.
The city's police, fire and parks and recreation
departments, which are to receive funds collected
pursuant to this impact fee division, shall prepare
and maintain a capital expansion plan for their
respective individual funds which shall be for a
period of no less than one (1) year. Each
department's plan shall be reviewed and ap-
proved by the city commission at least annually
during the budget review process. The city man-
ager or the city manager's designee shall be
responsible for the capital expansion plan for the
public buildings capital expansion trust fund.
(Ord. No. 2003-04, § 2, 4-28-03; Ord. No. 2003-38,
§ 2, 11-10-03)
Sec. 9-391.9. Refunds.
Refunds of the impact fees paid hereunder may
be allowed upon application thereof, when it is
determined that no construction under a building
Supp. No. 5 630
LAND DEVELOPMENT
permit has occurred, and the building permit
issued for such construction has expired or other-
wise been cancelled.
(Ord. No. 2003-04, § 2, 4-28-03)
Sec. 9-391.10. Vested rights.
(a) A developer or successor in interest of land
which has received a building permit may peti-
tion the city commission for a vested rights deter-
mination which would exempt the petitioner from
the provisions of this division. Such petition shall
be evaluated by the city attorney and a recom-
mendation thereon submitted to the city commis-
sion based upon the following criteria:
(1) There exists a valid, unexpired govern-
ment act authorizing a specific develop-
ment for which a determination is sought;
(2) Expenditures or obligations made or in-
curred in reliance upon the authorizing
act that are reasonably equivalent to the
fees required by this division;
(3) That it would be inequitable to deny the
petitioner the opportunity to complete the
previously approved development under
the conditions of approval by requiring
the developer to comply with the require-
ments of this division;
(4) Common law principles of equitable estop-
pel and vested rights set forth in case law.
(b) For the purpose of this section, the follow-
ing factors shall be considered in determining
whether it would be inequitable to deny the
petitioner the opportunity to complete the previ-
ously approved development:
(1) Whether the injury suffered by the peti-
tioner outweighs the public cost of allow-
ing the development to go forward with-
out payment of the fee required by this
division;
(2) With respect to the relevant impact fee,
whether the expense or obligations were
made or incurred subsequent to Novem-
ber 1, 2002, after which day the adoption
of the police, fire, and parks and recre-
ation impact fees required by this division
was pending, or August 1, 2003, after
which day the adoption of the public build-
ings impact fee required by this division
was pending; and
p (3) Whether the oeration of this division
would create an inordinate burden which
would prevent petitioner from making a
reasonable return on his investment.
(c) The city shall not permit the extension of a
building permit beyond the initial time for acti-
vation without the applicant complying with this
division.
(d) If a previously approved development order
or other binding agreement contained conditions
regarding impact fees required by this division
and their designated uses, or contributions to the
capital asset inventory of the respective depart-
ments, the developer or his successor may request
a modification of such prior approvals in order to
bring the approval conditions into consistency
with the requirements of this division.
(Ord. No. 2003-04, § 2, 4-28-03; Ord, No. 2003-38,
§ 2, 11-10-03)
Sec. 9-391.11. Penalty for violation.
Violation of this division shall constitute a
misdemeanor of the second degree and shall be
subject to penalty pursuant to applicable code
enforcement procedures. Notwithstanding the crim-
inal penalty provided for herein, the city may
obtain an injunction or other legal or equitable
relief in the circuit court against any person
violating this division.
(Ord. No. 2003-04, § 21 4-28-03)
Sec. 9-391.12. Appeal.
Any person aggrieved by any administrative
decision by the city may appeal directly to the city
commission. To file an appeal, an individual must
file an application with the city manager and
submit such information and documentation with
said application as may be required by the city
manager. The city manager shall make a deter-
n miation as to the sufficiency of the application.
An application for appeal must be filed with the
city manager within thirty (30) days of any action
taken by the city for which a person is aggrieved.
supp. No. 5 631
§ 9-391.12 WINTER SPRINGS CODE
Any decision of the city commission on the appli- ject property must either sign the appli-
cation shall be final and subject to judicial review. cation or give written authorization for
(Ord. No. 2003-04, § 21 4-2&03) the applicants to file the application.
Secs. 9-392-9-395. Reserved.
DIVISION 4. RESERVEDk
Sec. 9-396-9-400. Reserved.
ARTICLE IX. VESTED RIGHTS'
Sec. 9-401. Intent.
In recognition of the fact that certain land
development rights of property owners may be
vested with rpsnact. to tha City of NJUintar Cnriners
Comprehensive Plan and the land development
regulations adopted to implement the plan (the
"LDRs"), including the requirement for the deter-
mination of the availability and capacity of public
facilities ("concurrency"), it is the intent of this
article to provide for a fair and equitable process
for the determination of whether a property owner
has vested rights against the comprehensive plan
and the land development regulations adopted to
implement that plan.
(Ord. No. 534, § I, 11-23-92)
Sec. 9-402. Vested rights application pro-
cess.
(a) Application for vested rights special use
permit.
(1) Any person claiming vested rights to de-
velop property shall make application for
a vested rights special use permit pursu-
ant to this article. The owner of the sub.
*Editor's note —Ord. No. 2003-04, § 3, adopted April 28,
2003, repealed former Div. 4, §§ 2-396-2-396.12, in its en-
tirety which pertained to fire public safety facilities and
derived from Ord. No. 488, §§ 1-12, 7-9-90; Ord. No. 588,
§§ 1-12, 9-25-95; Ord. No. 689, §§ 1-12, 10-27-97; Ord, No.
742, §§ 1-12, 9-27-99)
'[Editor's note —Inasmuch as Ord. No. 534, §§ I —IV,
adopted Nov. 23, 1992, did not specify manner of codification,
such provisions have been designated by the editor as Article
IX, substantive sections being §§ 9401-9-404.
The comprehensive plan referenced in Article IX is not set
out at length herein, however, a copy remains on file and
available for inspection at the office of the city clerk.
S11pp. No. 9
(2) An application for a vested rights special
use permit shall be approved and a vested
rights special use permit issued if an
applicant meets the requirements set out
in this article. Possession of a vested
rights special use permit shall enable a
permittee to complete the development
approved under such permit up to and
through issuance of appropriate certifi-
cates occupancy, subject to the limitations
set forth in section 9404, and subject to
compliance with such laws and regula-
tions against which the development is
not vested.
(3) Applications for a vested rights special
use permit shall be submitted to the city
manager on a form to be provided by the
city. Such application must be filed within
one (1) year after the later of (i) the
adoption of this article or (ii) the rezoning
of the subject property in order to bring
its zoning into conformance with the land
use designation assigned to the property
by the Comprehensive Plan Land Use
Map adopted on April 27, 1992 (the "plan
adoption date"). Except as provided in
subsections (a)(4) and (a)(5), below, fail-
ure to file an application within the re-
quired period will constitute an abandon-
ment of any claim to vested rights. Judicial
relief will not be available unless admin-
istrative remedies set forth in this article
are exhausted.
(4) If a property owner is absent from the
state during the entire filing period, and
does not have an agent present in the
state during such period, such property
owner may, with documentation sufficient
to indicate a probable lack of notice, be
granted leave by the city manager to file
an application within one (1) year after
the individual's return to Florida.
632 [The next page is 635]
LAND DEVELOPMENT
the requested size and dimensions of the
park will provide a functional recre-
ational area in light of the recreational
amenities proposed, the recreational de-
mands of the residential community that
the recreational area is intended to serve,
and the compatibility of the recreational
area with the surrounding neighborhood.
(4) For purposes of complying with the concur-
rency requirements of this section, prop-
erties zoned Town Center on June 1, 2000
shall satisfy concurrency by providing the
parkland required by the Town Center
Zoning Code and applicable development
agreements.
(Ord. No. 2001-39, § 1, 9-10-01)
Sec. 9-515. Storm water LOS (Reserved).
Sec. 9-516. Transportation LOS (Reserved).
Secs. 9-517-9-529. Reserved.
DIVISION 3. CONCURRENCY
ADMINISTRATION
Sec. 9-530. Development review committee.
The development review committee shall re-
view each completed application fora concur-
rency certificate or preliminary review and deter-
mine, as soon as practicable, whether the
application is sufficient.
(Ord. No. 2001-39, § 1, 9-10-01)
Sec. 9-531. concurrency review
No application shall be deemed sufficient un-
less it contains all information which, in the
professional judgment of the development review
committee, is reasonably necessary to evaluate
the impacts of the proposed development on the
public facilities and services subject to review
under this article. During the review process, the
development review committee shall either deny,
approve, or approve with conditions, the applica-
tion for a concurrency certificate.
(Ord. No. 2001-39, § 1, 940-01)
Sec. 9-532. Conditional approvals.
§ 9-532
(a) If the development review committee deter-
mines that the application can be approved with
conditions, the development review committee
shall recommend to the city commission a written
concurrency agreement. The applicant may ac-
cept the conditional approval by written concur-
rency agreement approved by the city commis-
sion, or the applicant may consider the application
denied, in which case the applicant may appeal
the denial to the city commission. When the
development review committee recommends and
the city commission approves any conditional
concurrency agreement, the city commission, with
the recommendation of the development review
committee, may prescribe appropriate conditions
and safeguards in conformity with the intent and
provisions of this article, including any of the
following:
(1) Limit the manner in which the use is
conducted, including restricting density
and intensity of the use.
(2) Limit the height, size, location, density or
intensity of a building or other structure.
(3) Require phasing of the project.
(4) Designate the size, number, location or
nature of vehicle access points.
(5) Increase the amount of street dedication,
roadway width, or require construction of
road improvements within the street right-
of-way.
(6) Protecting existing trees, vegetation, wa-
ter resources, wildlife habitat or other
significant natural resources.
(7) Specify other conditions to permit devel-
opment in the city in conformity with the
intent and purpose of this article and the
adopted city growth management poli-
cies.
(b) All conditional approvals shall be incorpo-
rated in a written development agreement which
shall be subject to city commission approval.
(Ord. No. 2001-39, § 1, 9-10-01)
Supp. No. 5 643
§ 9-533 WINTER SPRINGS CODE
Sec. 9-533. concurrency certificate. Sec. 9-541. Appeal notice and hearing.
(a) A concurrency certificate is a "snap shot" of
available capacity for each public facility, evalu-
ated under this article, at the time the certificate
is issued. The concurrency certificate does not
guarantee capacity in the future or encumber or
vest capacity for any period of time. At a mini-
mum, the concurrency certificate shall contain:
(1) Name, address, and telephone number of
the applicant and property owner.
(2) Parcel I.D. number and legal description.
(3) Date of issuance.
(4) Proposed use(s) by land use category,
square feet, and number of units.
(5) Phasing information by proposed uses,
square feet, and number of units, if appli-
cable.
(6) Total cra•rent available capacity thin
service area(s).
(7) Project impact based on LOS standards.
(b) A concurrency certificate shall expire one
(1) year after issuance unless the applicant com-
mences construction of the development under a
validly issued building permit. A one (1) year
extension may be granted by the development
review committee provided circumstances have
not adversely diminished the capacity of public
facilities and services to support the development.
The development shall be subject to a new concur
rency evaluation.
(Ord. No. 2001-39, § 1, 940-01)
Secs. 5-534-5-539. Reserved.
DIVISION 4. APPEAL PROCEDURES
Sec. 9-540. Notice of appeal.
The applicant may appeal the denial of a cer-
tificate of concurrency by the development review
committee by filing with the city manager a
written notice of appeal within fifteen (15) days
after the date of the concurrency denial.
(Ord. No. 2001-39, § 1, 9-10-01)
Upon receipt of a written notice of appeal, the
city manager shall schedule the matter for con-
sideration by the city commission within thirty
(30) days after the appeal is filed. The city clerk
shall notify the applicant of the day of the city
commission hearing at least ten (10) days in
advance of the hearing. Prior to the hearing, the
city manager shall provide the city commission
with all information submitted to the develop-
ment review regarding the subject concurrency
application on appeal. The final decision on the
concurrency application shall be vested in the city
commission. The city commission shall have the
right to deny, approve, or approve with conditions
any concurrency application considered under ap-
peal in conformity with the intent and purpose of
this article.
(Ord. No. 2001-39, § 1, 940-01)
Sec. 9-542. Appeal of city commission.
A final decision of the city commission on a
concurrency application shall be subject to judi-
cial review as provided by law.
(Ord. No. 2001-39, § 1, 9-10-01)
Secs. 9-543-9-560. Reserved.
ARTICLE XI. NONCONFORMITIES
Sec. 9-561. Intent; rules of interpretation;
building and fire codes; defini-
tions.
(a) Intent. This article is intended to permit
the continuation of those lots, structures, uses,
characteristics of use, or combinations thereof,
which were lawful before the passage of the City
Code or which at one time had been lawfully
permitted under the City Code, but which would
be prohibited, regulated or restricted under the
terms of the current City Code or future amend-
ments thereto. This article is designed to provide
standards and guidelines for the control and
management of nonconforming uses and non-
complying buildings and structures, especially in
regulating changes in the use of land or in the
buildings or structures, including quality, volume
or intensity, location, ownership or tenancy, acces-
Supp. No. 9 644
LAND DEVELOPMENT
sory and incidental uses, extension, enlargement,
replacement, or any other change in characteris-
tic.
It is the intent of this article to permit these
nonconformities and non -compliances to continue
until they are removed through discontinuance,
abandonment or amortization, but not to encour-
age their continuation unless otherwise autho-
rized under this article either expressly or by
special permit. Such nonconforming uses and
structures are declared by this article to be incom-
patible with permitted uses in the zoning districts
involved unless the city commission issues a spe-
cial permit based upon evidence that special cir-
cumstances exist in accordance with the stan-
dards set forth in this article. It is further the
intent of this article that nonconforming uses and
structures shall not be enlarged upon, expanded,
increased or extended, nor be used as grounds for
adding other structures or uses prohibited else-
where in the same zoning district unless other-
wise provided by special permit under this article.
(b) Rules for interpretation. Nothing in this
article shall be interpreted as authorization for or
approval of the continuation of any illegal use of a
building, structure or land or illegal structure or
building that was in violation of any ordinance in
effect at the time of the passage of this article or
any amendments thereto. The casual, intermit-
tent, temporary or illegal use of land, building or
structure or construction of an unlawful structure
shall not be a basis to establish the existence of a
nonconforming use or structure. A lawful building
permit issued for any building or structure prior
to the enactment of this article, the construction
of which is in conformity with approved site
plans, if applicable, and building plans shall not
be affected by this article if the building or struc-
ture is built in full compliance with the City Code
as it existed at the time of the issuance of the
building permit. In the event there is a conflict
with the provisions of this article and a specific
amortization provision requiring the removal or
modification of a nonconforming structure or dis-
continuance of a nonconforming use of land, the
provision which requires the nonconformity to
come into compliance with the current City Code
the earliest shall apply.
§ 9-562
(c) Building and fire codes. No provision con-
tained in this article, or elsewhere in the City
Code, shall nullify, void, abrogate or supercede
any requirement contained in a building or fire
code that is duly enacted by law.
(d) Definitio�zs. As used in this article, the
following words shall have the meaning ascribed
unless the context clearly indicates otherwise:
(1) Lot of record shall mean a lot which is
part of a subdivision recorded in the offi-
cial record books of Seminole County, Flor-
ida, or a parcel of land described by metes
and bounds legal description, the descrip-
tion of which has been recorded in the
official record books of Seminole County,
Florida, and complies with the subdivi-
sion of land regulations of the city.
(2) Nonconforming or nonconformity shall
mean any lot, structure, use of land or
structure, or characteristic of any use or
structure which was lawful at the time of
subdivision, construction, or commence-
ment, as the case may be, which over time
no longer complies with the City Code or
other applicable law due to a subsequent
change of the City Code or other law.
(Ord. No. 2003-36, § 2, 1043-03)
Sec. 9-562. Continuance of lawful noncon-
forming uses and structures.
(a) Continuance of nonconforming uses. Anon -
conforming use lawfully existing at the time of
the enactment of the City Code or any subsequent
amendment thereto may be continued subject to
the following provisions:
(1) No such nonconforming use shall be en-
larged or increased, nor extended to oc-
cupy a greater area of land than was
occupied at the adoption or subsequent
amendment of the City Code; unless such
use is changed to a use permitted in the
district in which such use is located;
(2) No such nonconforming use shall be moved
in whole or in part to any other portion of
the lot or parcel occupied by such use at
the adoption or subsequent amendment of
the City Code;
Supp. No. 9 645
WINTER SPRINGS CODE
(3) If any such nonconforming use of land
ceases for any reason for a period of more
than one hundred eighty (180) consecu-
tive days, any subsequent use of such
land shall conform to the regulations spec-
ified by the City Code for the zoning
district in which such land is located; and
(4) No additional structures which do not
conform to the requirements of the City
Code shall be erected in connection with
such nonconforming use of land.
(b) Continuance of noraconfor�ning structures.
The lawful use of a nonconforming structure may
be continued subject to the following provisions:
(1) No such structure may be enlarged or
altered in a way which increases its non-
^C
(2) Any structure or portion thereof may be
altered to decrease its nonconformity;
(3) Should such structure be damaged by any
ineans, such that the cost of repair or
reconstruction exceeds sixty (60) percent
of the assessed value of the structure at
the time of damage, it shall not be re-
paired or reconstructed except in confor-
mity with the provisions of the City Code;
and
(4) Should such structure be moved for any
reason for any distance whatsoever, it
shall thereafter conform to the regula-
tions of the zoning district in which it is
located after it is moved.
Notwithstanding any of the above, upon any
nonconforming lot or record as described in this
article, that is improved with a single-family
dwelling as of the date of the adoption of the City
Code or lawfully permitted under the City Code, a
single-family dwelling may be rebuilt within the
original footprint of the dwelling structure exist-
ing as of the date of the adoption of the City Code
or subsequent amendment, without regard to
area, width, yard, or setback requirements.
(Ord. No. 2003-36, § 2, 10-13-03)
Sec. 9-563. Nonconforming lots of record.
(a) In any zoning district in which single-
family dwellings are permitted, notwithstanding
limitations imposed by other provisions of the
City Code, a single-family dwelling and custom-
ary accessory buildings may be erected on any lot
of record. This provision shall apply even though
such lot fails to meet the requirements for area or
width, or both, that are generally applicable in
the zoning districts, provided that yard dimen-
sions and other requirements shall conform to the
regulations for the district in which such lot is
located. Variances of yard dimensions other than
area or width, or both, shall be obtained only
through action of the city commission.
(b) If two (2) or more lots of record with con-
tinuous frontage are under single ownership, and
all or part of the lots do not meet the require-
ments for lot width and area as established by the
City Code, the lands involved shall be considered
to be an undivided parcel for the purposes of
development and this article. No portion of said
parcel shall hereafter be created and used as a
separate parcel or sold or otherwise subdivided
which does not meet lot width and area require-
ments established by the City Code unless all or
paA of the parcel is sold in order to create a lot
meeting the requirements of the City Code. Not-
withstanding this aggregation of land require-
ment, a single-family dwelling and customary
accessory buildings may be erected on any such
single lot of record in a residential zoning district
provided the land density requirements of the
comprehensive plan are satisfied and the pro-
posed single-family dwelling and any customary
accessory building are compatible to the surround-
ing neighborhood with respect to property values
and building size. For purposes of this paragraph,
compatible shall mean substantially similar to or
exceeds the property values and building size of
other single-family dwellings and customary ac-
cessory buildings in the surrounding neighbor-
hood.
(Ord. No. 2003-36, § 2, 10-13-03)
Sec. 9-564. Nonconforming uses of struc-
tures or of structures and pre-
mises in combination.
If a lawful use involving individual structures,
or of structure and premises in combination,
exists at the adoption or subsequent amendment
of the City Code, that would not be allowed in the
zoning district under the terms of the City Code,
Supp. No. 5 646
LAND DEVELOPMENT
the lawful use may be continued so long as it
remains otherwise lawful, subject to the following
provisions:
(1) No existing structure devoted to a use not
permitted by the City Code in the district
in which it is located shall be enlarged,
extended, constructed, reconstructed,
moved or structurally altered except in
changing the use of the district in which it
is located;
(2) Any nonconforming use may be extended
throughout any parts of a building which
were manifestly arranged or designed for
such use at the time of adoption or amend-
ment of this article but no such use shall
be extended to occupy any land outside
such building;
(3) Any structure, or structure and land in
combination, in or on which a nonconform-
ing use is superseded by a permitted use,
shall thereafter conform to the regula-
tions for the district in which such struc-
ture is located, and the nonconforming
use may not thereafter be resumed; and
(4) Where nonconforming use status applies
to a structure and premises in combina-
tion, removal or destruction of the struc-
ture shall eliminate the nonconforming
status of the land. Destruction for the
purposes of this subsection shall mean
damage by any means, such that the cost
to repair or reconstruct the structure ex-
ceeds sixty (60) percent of the assessed
value of the structure at the time of dam-
age.
(Ord. No. 2003-36, § 2, 10-13-03)
Sec. 9-565. Abandonment.
(a) A nonconforming use of a building or pre-
mises which has been abandoned shall not there-
after be returned to such nonconforming use. A
nonconforming use shall be considered aban-
doned:
(1) When the intent of the owner to discon-
tinue the use is apparent; or
(2) When the characteristic equipment and
the furnishings of the nonconforming use
§ 9-566
have been removed from the premises and
have not been replaced by similar equip-
ment within one hundred eighty (180)
days, unless other facts show intention to
resume the nonconforming use; or
(3) When it has been replaced by a conform-
ing use; or
(4) Where the use is discontinued or aban-
doned for a period of more than one hun-
dred eighty (180) consecutive days or for
eighteen (18) months (545 days) during
any three-year period.
(b) In the event a more specific abandonment,
discontinuance, or amortization provision is stated
elsewhere in this City Code for a specific noncon-
forming structure, land use, or land area, the
abandonment, discontinuance, and amortization
provision which requires the nonconformity to
come into compliance with the current City Code
the earliest shall apply.
(c) Mn provision contained in this article, or
elsewhere in the City Code regarding the aban-
donment, discontinuance, or amortization of non-
conforming structures or land uses shall nullify,
void, or abrogate any similar provision contained
in a duly executed binding development agree-
ment approved by the City Commission.
(Ord. No. 2003-36, § 21 10-13-03)
Sec. 9-566. Repairs and maintenance.
(a) Minor repairs to and routine maintenance
of nonconforming structures are permitted and
encouraged. Major renovation, repair, or replace-
ment work on nonconforming structures shall be
authorized by the city commission pursuant to
section 9-568 or by building permit provided the
following conditions are satisfied:
(1) The renovation, repair, or replacement
work complies with applicable building
codes.
(2) No violation of sections 9-562, 9-564, 9-565
exists.
(3) The permittee shall comply to the extent
reasonably possible with all other appli-
cable provisions of this article.
Supp. No. 5 647
WINTER SPRINGS CODE
(4) There are no pending code enforcement
actions or liens existing on the subject
property,
(5) The cost of any renovation, repair, or
replacement work on the structure in any
twelve (12) month period does not exceed
twenty-five (25) percent of the assessed
value of the structure at the time that the
work is performed,
(b) Nothing in this article shall be deemed to
prevent the strengthening or restoring to a safe
condition of any building or part thereof declared
to be unsafe by any official charged with protect-
ing the public safety, upon order of such official.
However, this subsection shall not be construed
as a means of circumventing the intent of this
ati•tirin rallincr fnr thA �ll'?!inwtinn of n��:CCnfnrm_.
ing structures by allowing a nonconforming struc-
ture to be substantially rebuilt so as to extend the
ordinary and natural life of a nonconforming
structure.
(c) This section does not apply to structures
used for single-family purposes which structures
may be renovated, repaired, or replaced in accor-
dance with a lawfully issued building permit.
(Ord. No. 2003-36, § 2, 10-13-03)
Sec. 9-567. Temporary uses.
The casual, intermittent, temporary or illegal
use of land or structures, or construction of an
unlawful structure, shall not be sufficient to es-
tablish the existence of a nonconforming use or
structure. Such use or structure shall not be
validated by the adoption of this article or amend-
ments hereto unless it complies with the terms of
the City Code.
(Ord. No. 2003-36, § 2, 1043-03)
Sec. 9-568. Special permit.
(a) The intent and purpose of this section is to
recognize that there are limited and special
cumstances where overall community and public
policy objectives of the city encourage, and shall
be served by, the continuation of some noncon-
forming uses and structures provided said uses
and structures are not detrimental to the sur-
rounding neighborhood and to the community
values established in the city's comprehensive
plan and city codes. The city commission desires
to establish specific standards for this category of
special permit in order to allow the continuation
of some nonconforming uses and structures not-
withstanding any contrary provisions of this arti-
cle or City Code.
(b) The city commission at a duly held public
hearing may grant a special permit to allow the
continuation of a nonconforming use or structure
provided the following terms and conditions are
strictly satisfied:
(1) The owner of the property on which the
nonconforming use or structure exists files
a special permit application provided by
the city; and
(�l Tl�n li�;ant dctiut�,., tl:...t
•t i
tinuation of the nonconforming use or
structure:
a. Is capable of contributi
ang in a posi-
-
ve way i;o cllo Ci131at;i;1' iAil(1 bi,tVC;`:
the need of the community including
re -occupancy for the accommodation
of neighborhood walk -to -service uses,
walk -to -work opportunities, and live -
work spaces; reuse of buildings with
architectural or historic value; and
reuse of buildings that generate a
significant economic benefit to the
community; and
b. Is compatible with, and not detrimen-
tal to, the surrounding neighborhood
in terms of traffic, noise, parking,
odor, light, intensity and land uses,
hours of operation, landscaping, aes-
thetics, structural design, and den-
sity; and
c. Is consistent with the community
values, objectives, and policies estab-
lished in the city's comprehensive
plan and City Code.
(c) The city commission may impose conditions
and safeguards as a condition of approval of any
special permit granted under this section.
(Ord. No. 2003-36, § 2, 10-13-03)
Sec. 9-569-9-599. Reserved,
Supp. No. 5 648
LAND DEVELOPMENT
..I'lly
hA
�' I -
Sec. 9-600. Statement of findings and pur-
pose.
(a) The City of Winter Springs has evolved into
a unique family -oriented community with extraor-
dinary cultural character and beauty. Indicative
of Winter Springs' uniqueness is its reputation as
primarily a residential community with beautiful
mature trees, award -winning parks, scenic
lakefront vistas, and innovative development
projects such as the Tuscawilla PUD, Village
Walk, Cross -Seminole Trail, and the Towne Cen-
ter —within close proximity to several internation-
ally -renowned tourist destinations including Walt
Disney World, Universal Studios, Kennedy Space
Center and several major cruise ship terminals.
(b) In recognition of Winter Springs' unique-
ness, the city commission has determined that a
deliberate and conscientious effort must be made
by community leaders, in partnership with archi-
tects, planners, realtors, builders, and the citi-
zenry of Winter Springs, to protect the general
welfare of the community by preserving and im-
proving Winter Springs' aesthetic appearance,
beauty, and character —so as to ultimately en-
hance the quality of life and civic pride of all
people who reside, work, vacation, or spend time
in Winter Springs.
(c) The facilitator of this effort shall be the city
commission, whose primary purpose shall be to
encourage creative, effective, and flexible archi-
tectural standards and cohesive community de-
velopment consistent with the intent and purpose
of this article.
(d) The cultural character and beauty of Win-
ter Sprrings involves, among other things, the
aesthetic quality of all one sees in moving about
the entire community. Consequently, the ultimate
designers and developers of buildings and struc-
tures must be informed of the larger context in
which their particular works will be viewed within
the community. The task of the city commission
shall be to provide a mechanism by which pro-
posed new development and modifications or re-
habilitations of buildings and structures can be
§ 9-601
reviewed and approved, in a uniform manner, so
as to be in harmony with the comprehensive
architecturally related policies, objectives and stan-
dards adopted by Winter Springs for the overall
betterment of the community.
(e) It is recognized by the Florida Supreme
Court that zoning solely for aesthetic purposes is
not outside the scope of the police power of mu-
nicipal governments —like Winter Springs. It has
also been judicially recognized in Florida (and in
other jurisdictions) that the promotion of aes-
thetic beauty also protects property values, tour-
ism, and other economic interests which Winter
Springs deems vital to the community.
(f) Zoning is the single most powerful legal
enforcement of an overall urban concept, but
alone it does not create beauty, aesthetic order, or
amenity. The task of the city commission shall be
to preserve various elements of urban beauty and
require that new and redevelopment projects be-
ing developed enhance existing development and
the landscape of the community.
(g) The essential foundation of beauty in com-
munities is harmony. The plan for achieving beauty
must grow out of special local characteristics of
site, development and redevelopment potential.
Some local areas of natural beauty are Lake
Jessup, city parks, Cross -Seminole Trail, and
conservation areas designated in the city's com-
prehensive plan. The vistas and visual delight of
these should only be enhanced.
(h) It is the intent and purpose of this article to
apply to all new commercial, industrial, institu-
tional, multi -family, and residential subdivision
development projects and major alterations thereto.
It is not intended to apply to individual single-
family residences.
(Ord. No. 200343, § 2, 1-26-04)
Sec. 9-601. Approval prerequisite for per-
mits.
(a) Except as provided in subparagraph (b) of
this section, all new building elevations and ac-
cessory structures, and proposed permanent signs
for buildings or structures, or major alterations
thereto, shall be approved by the city commission
Supp. No. 5 649
WINTER SPRINGS CODE
before a permit is issued for any such building,
structure, or sign, which has an exterior visual
impact or effect on the community.
(b) Notwithstanding paragraph (a) of this sec-
tion, if the city manager determines that a build-
ing permit application is minor or insignificant,
the city manager may grant the permit without
submitting the application to the city commission
for approval, providing the permit is consistent
with the intent and purpose of this article. For
purposes of this paragraph, the phrase "minor or
insignificant" shall mean a small scale renovation
or modification project affecting a small site and
having a nominal exterior visual impact and
effect on the community. Any party or person
adversely affected by a decision made by the city
manager may appeal said decision to the city
commission.
(Ord. No. 200343, § 2, 1-26-04)
Sec. 9-602. Minimum standards; compliance
WILh diner code provisions.
The requirements of this article shall be con-
sidered minimum standards. Further, they shall
be deemed supplemental of, and in addition to, all
other applicable codes adopted by the city includ-
ing, but not limited to, the Land Development
Regulations, and all fire and building regulations.
(Ord. No. 2003-43, § 2, 1-26-04)
Sec. 9-603. Procedure.
(a) Submission of application. As part of the
site plan or subdivision review process, or upon
separate application created by the city manager,
all applicants for development approval subject to
the provisions of this article shall submit to the
city manager or his designee the application and
documents prescribed in section M05.
(b) Scheduling and notice of hearing. Upon
receipt of the required documents, the city man-
ager shall forthwith schedule a hearing on the
application before the city commission. Said hear-
ing shall run concurrently with the site plan or
subdivision review process to the extent feasible
and practicable. Public notice of the time and
place of the public meeting shall be posted at
places within the city deemed reasonably appro-
priate for providing such notice.
(c) Conduct of hearing; approval or denial. At
the designated public hearing, the city commis-
sion shall hear the applicant on the proposed
application, and shall hear from members of the
general public in accordance with the rules and
procedures adopted by the city commission. Dur-
ing the public hearing, the applicant may be
present in person or by counsel, and the applicant
has the right to present evidence in support of the
application and cross examine adverse witnesses
whose testimony is offered at the hearing. The
city commission may approve, approve with con-
ditions, or disapprove the application only after
consideration of whether the following criteria
have been satisfied:
(1) The plans and specifications of the pro-
posed project indicate that the setting,
landscaping, proportions, materials, col-
ors, texture, scale, unity, balance, rhythm,
contrast, and simplicity are coordinated
in a harmonious manner relevant to the
particular proposal, surrounding area and
cultural character of the community.
(2) The plans for the proposed project are in
harmony with any future development
which has been formally approved by the
city within the surrounding area.
(3) The plans for the proposed project are not
excessively similar or dissimilar to any
other building, structure or sign which is
either fully constructed, permitted but
not fully constructed, or included on the
same permit application, and facing upon
the same or intersecting street within five
hundred (500) feet of the proposed site,
with respect to one or more of the follow-
ing features of exterior design and appear-
ance:
a. Front or side elevations;
b. Size and arrangement of elevation
facing the street, including reverse
arrangement; or
c. Other significant features of design
such as, but not limited to: materi-
als, roof line, hardscape improve-
ments, and height or design ele-
ments.
Supp. Mn 5 650
LAND DEVELOPMENT
(4) The plans for the proposed project are in
harmony with, or significantly enhance,
the established character of other build-
ings, structures or signs in the surround-
ing area with respect to architectural spec-
ifications and design features deemed
significant based upon commonly ac-
cepted architectural principles of the local
community.
(5) The proposed project is consistent and
compatible with the intent and purpose of
this article, the Comprehensive Plan for
Winter Springs, design criteria adopted
by the city (e.g. Towne Center guidelines,
SR 434 design specifications) and other
applicable federal, state or local laws.
(6) The proposed project has incorporated
nificant architectural enhancements such
as concrete masonry units with stucco,
marble, termite -resistant wood, wrought
iron, brick, columns and piers, porches,
arches, fountains, planting areas, display
windows, and other distinctive design de-
tailing and promoting the character of the
community.
(Ord. No. 2003-43, § 2, 1-26-04)
Sec. 9-604. Duration of approval.
Approvals by the city commission under this
article shall be valid for a maximum of eighteen
(18) months from the date the city commission
renders its approval at a public meeting. If the
applicant fails to obtain a building permit within
the eighteen (18) month period, the city
commission's approval shall expire at the end of
the period. However, once a building permit is
issued, the approval shall be valid for a time
period equal to the permit and shall expire only if
the building permit expires. Reasonable exten-
sions may be granted by the city commission upon
good cause shown by the applicant, provided
substantial changes have not occurred in the
surrounding area that would make the prior
approval inconsistent with the criteria set forth in
section M03.
(Ord. No. 2003-43, § 2, 1-26-04)
§ 9-600
Sec. 9-605. Application criteria.
An applicant shall submit the following appli-
cation information to the city manager or his
designee for consideration by the city commission:
(1) A site plan in accordance with other pro-
visions of the city code.
(2) Elevations illustrating all sides of struc-
tures facing public streets or spaces.
(3) Illustration of all walls, fences, and other
accessory structures and the indication of
their height and the materials of their
construction.
(4) Elevation of proposed exterior permanent
signs, outdoor advertising or other con-
structed elements other than habitable
space, if any.
(5) Illustration of materials, texture, and col-
ors to be used on all buildings, accessory
structures, exterior signs, and other con-
structed elements.
(6) Such other architectural and engineering
data as may be requested to clarify the
application.
(Ord. No. 200343, § 2, 1-26-04)
Sec. 9-Ono . Building permits; enforcement.
Unless otherwise provided by this article, no
building permit shall be issued until the city
commission has approved the proposed building's
or structure's architectural specifications and de-
sign features, pursuant to this article. Any final
plans and specifications that differ substantially,
in the opinion of the city manager, fiom the
approved application by the city commission shall
be resubmitted prior to the issuance of the build-
ing permit. All approved specifications and design
features shall become a binding condition of, and
made a part of, the building permit(s) secured for
the building or structure associated therewith.
The building permit shall be enforced in a manner
similar to all other building permits issued by the
city.
(Ord. No. 200343, § 2, 1-26-04)
[The next page is 693]
Supp. No. 5 651
Chapter 10
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.
IML
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. 1047. 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. 5 693
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. 10-100. Zoning.
Sec, 10-101. Prohibited locations for adult entertainment establishments;
sexually oriented businesses.
Sec. 10-102. Measurement of distance.
secs. 10-103-104W. Reserved,
Article IV. Amusements
Sec.
10-111.
Dance
halls; permit required; conduct in dance halls.
Secs.
10-112-10-135.
Reserved.
Article V. Peddlers and Solicitors and Miscellaneous Sales
Sec. 10-136. 7iansient or itinerant solicitors; permit required; prerequisite to
issuance.
Sec. 10-137. At-home sales.
Secs. 10-138-10-150. Reserved,
Article VI. Secondhand Precious Metals
Sec. 10-151. Definitions.
Sec. 10-152. Register of transactions.
Sec. 10-153. Waiting period prior to disposal of certain property.
Sec. 10-154. Storage of articles during waiting period.
Sec. 10-155. Dealing with persons under age eighteen years prohibited.
Supp. No. 5 694
LICENSES AND BUSINESS REGULATIONS
ARTICLE I. IN GENERAL
Secs. 10-1-10-25. Reserved.
ARTICLE II. OCCUPATIONAL LICENSE
TAXES'
Sec. 10-26. Required.
It shall be unlawful for any person to engage in
any business coming within the scope of this
article without first obtaining an occupational
license therefor and paying the prescribed fee or
tax.
(Code 1974, § 8.20)
Sec. 10-27. License year established.
The license year for licenses required by this
article shall begin on the first day of October of
each year and end on the last day of September of
each year, on which latter day all licenses shall
expire.
(Code 1974, § 8-21)
Sec. 10-28. Limitation on term; half -year li-
tenses.
No license required by this article shall be
issued for more than one (1) year nor for less than
one (1) year prior to the first day of April of each
year, after which date a license for six (6) months
may be issued on payment of one-half of the
amount of the annual license fee.
(Code 1974, § 8-22)
Sec. 10-29. License taxes established.
License taxes for businesses, professionals and
occupations shall be established by resolution of
the city commission and are on file in the building
department office.
(Code 1974, § 8-23; Ord. No. 674, § I, 8-25-97)
State law reference —Due date when date falls on a
Saturday, Sunday or holiday, F.S. § 205.053(1).
*Cross reference —Taxation, Ch. 18.
State law reference —Local occupational license taxes,
F.S. ch. 205.
Sec. 10-30. Transfer of license.
All licenses required by this article shall be
transferable with the approval of the building
department with the business for which the same
were issued when there is a bona fide sale or
transfer of the property used and employed in the
business as stock in trade. The original license
must be surrendered to and filed with the build-
ing department and a fee of three dollars ($3.00)
paid at the time of the application for such trans-
fer and such transfer, when approved, shall be of
the same force and effect as the original license.
(Code 1974, § 8-24)
State law reference —Transfer of licenses, F.S. § 205.043(c).
Sec. 10-31. Revocation.
Any license issued under the provisions of this
article may be revoked upon five (5) days' notice
by the building department after an opportunity
to be heard has been given the licensee when a
business other than that designated in the license
is conducted or operated, or where any business is
conducted in violation of this article or any other
ordinance of the city or law of the state.
(Code 1974, § 8-25)
Sec. 10-32. Delinquency penalty established.
(a) Those annual licenses not renewed by Oc-
tober 1 shall be considered delinquent and subject
to a delinquency penalty as follows:
(1) After October 1-10% of license fee.
(2) After November 1-1570 of license fee.
(3) After December 1-20% of license fee.
(4) After January 1-25% of license fee.
(5) After February 1—closing of business in
addition to any other penalty prescribed
by ordinance.
(b) Any person engaging in or managing any
business, occupation, or profession without first
obtaining the license provided for herein shall be
subject to a penalty of twenty-five (25) percent of
the license determined to be due in addition to
any other penalty provided by law or ordinance.
(c) No license required under this article shall
be issued to any person who has acquired a
business from someone owing a license fee here-
Supp. No. 5 695
WINTER SPRINGS CODE
under for the business until the delinquent li-
cense fees are paid, provided however, that part
or all of the increase may be rebated by action of
the city commission.
(Ord. No. 431, § 1, 9-26-88)
State law reference —Delinquency penalty authorized,
F.S. § 205.053.
Secs. 10-33-10-50. Reserved.
ARTICLE III. SEXUALLY ORIENTED
BUSINESSES AND ADULT
ENTERTAINMENT ESTABLISHMENTS*
Sec. 10-51. Short title.
'Phis article shall be known and may be cited as
the "City of Winter Springs Sexually Oriented
Business and Adult Entertainment Establish-
ment Ordinance.
(Ord. No. 2003 41, §§ 2 3, 2-9-04)
Sec. 10-52. Purpose, findings and intent/
incorporation of whereas clauses.
(a) Purpose. It is the purpose of this article 4-
ern" " V sexually oriented businesses and adult
entertainment establishments in order to pro-
mote and protect the public health, safety, good
order, and general welfare of the citizens of the
city, to establish reasonable and uniform regula-
tions of adult entertainment establishments and
sexually oriented businesses within the city. The
provisions of this article have neither the purpose
nor effect of imposing an unreasonable limitation
or unreasonable restriction on the content of any
lawful communicative materials including sexu-
ally oriented materials. Similarly, it is not the
intent nor effect of this article to unreasonably
restrict or deny access by adults to sexually
oriented materials protected by the First Amend-
ment or to deny access by the distributors and
exhibitors of sexually oriented entertainment pro-
tected by the First Amendment to their intended
*Editor's note —Ord. No. 2003-41, §§ 2, 3, adopted Feb. 8,
2004, amended former Art. III, §§ 10-51-1042, in its entirety
to read as herein set out. Former Art. III pertained to similar
subject matter and derived from Ord. No. 595, §§ II—XXII,
adopted Dec. 11, 1995.
market. Neither is it the intent nor effect of this
article to condone or legitimize the distribution of
obscene or otherwise illegal material.
(b) Findings. Based on evidence concerning
the adverse secondary effects of adult uses on the
community presented in hearings and in reports
made available to the city commission, and on
findings incorporated in the cases of City of Renton
v. Playtime Theaters, Inc., 475 U.S. 41 (1986);
Young v. American Mini Theaters, 426 U.S. 50
(1976); Barnes v. Glen Theater, Inc., 501 U.S. 560
(1991); City of Erie v. Pap's A.M., 120 S. Ct. 1382
(2000); and City of Los Angeles v. Alameda Books,
535 U.S. 425 (2003), and on materials made of
record relating to the Seminole County and St.
Johns County Public Nudity Ordinances, and on
the substance of and findings made or incorpo-
rated in studies accomplished in other commumi
ties and ordinances enacted in other communi-
ties, including, but not limited to, New York, New
York; City of Houston Ordinance Number
Senate Bill Number 232, as passed by the Kansas
State Legislature; Phoenix, Arizona; Tucson, Ari-
zona; St. Paul, Minnesota; Minneapolis, Minne-
sota; Houston, Texas, Indianapolis, Indiana; Am-
aizllo, Texas; Garden Grove, California; Los Angeles,
California; Austin, Texas; Macon -Bibb County,
Georgia; Palm Beach County, Florida; Manatee
County, Florida; the findings of the Attorney
General of the State of Minnesota; the report of
United States Attorney General's Commission on
Pornography (1986); Jacksonville, Florida; De-
troit, Michigan; and "A Summary of a National
Survey of Real Estate Appraisers Regarding the
Effect of Adult Bookstores on Property Values,"
conducted by the Division of Planning, Depart-
ment of Metropolitan Development, Indianapolis,
January 1984; the publication entitled "Protect-
ing Communities From Sexually Oriented Busi-
nesses" (Southwest Legal Press, Inc.); the publi-
cation entitled "Local Regulation Of Adult
Businesses" (Clark, Boardman and Callaghan);
publications prepared by the Florida Family As.
Inc. (Tampa, Florida) relating to the
regulation of sexually oriented businesses and
adverse secondary effects of sexually oriented
businesses; the "Report to: The American Center
for Law and Justice on the Secondary Impacts of
Sex Oriented Businesses", Peter R. Hecht, Ph.D.
Supp. No. 5 696
LICENSES AND BUSINESS REGULATIONS
(1996); and the findings of fact relating to the
Adult Entertainment Codes of Orange and Brevard
Counties, two neighboring and contiguous coun-
ties in Central Florida, and the findings of fact
relating to the Sexually Oriented Business and
Adult Entertainment Establishment Ordinance
of Seminole County, Florida, the county in which
the City of Winter Springs is located, the publica-
tions of Dr. William George regarding erotica and
alcohol: Alcohol and Human Sexuality: Review
and Integration, Leif C. Crowe and William H.
George, Psychological Bulletin, 1989; Alcohol and
Hypermasculinity as Determinants of Men's Em-
pathic Responses to Violent Pornography, Jeanette
Norris, William H. George, Kelly Cue Davis, Joel
Martell, R. Jacob Leonesio; Journal of Intl Vio-
lence, 1999; Alcohol Expectancies and Sexuality:
A Self -Fulfilling Prophecy, Analysis of Dyadic
Perceptions and Behavior, William H. George,
Ph.D. and Susan A. Stoner, B.A., Jeanette Norris,
Ph.D., Peter A. Lopez, Ph.D. and Gail L. Lehman,
Ph.D., Journal of Studies on Alcohol, 1998; The
Effect of Alcohol and Anger on Interest in Vio-
lence, Erotica & Deviance, William H. George and
G. Alan Marlatt, Journal of Abnormal Psychology,
1986; Perception of Postdrinking Female Sexual-
ity: Effects of Gender, Beverage Choice, and Drink
Payment, William H. George, Susan J. Gournic,
and Marry P. McAfee, Journal of Applied Social
Psychology, 1988; Postdrinking Sexual Infer-
ences: Evidence of Linear Rather than Curvilin-
ear Dosage Effects, William H. George, Gail L.
Lehman, Kelly L. Cue, Lorraine J. Martinez,
Peter A. Lopez, and Jeanette Norris, Journal of
Applied Social Psychology, 1997; Self -Reported
Alcohol Expectancies and Postdrinking Sexual
Inferences About Women, William H. George,
Kelly L. Cue, Peter A. Lopez, Lief C. Crowe, and
Jeanette Norris, Journal of Applied Social Psy-
chology, 1995; Self -Reported Alcohol Expectancies
for Self and Other as a Function of Behavior Type
and Dosage Set; William H. George and Kurt H.
Dermen, Journal of Substance Abuse, 1988;
Sammy's of Mobile, Ltd. v. City of Mobile, 140 F.
3d 993 (11th Cir. 1998); City of Daytona Beach v.
Del Percio 476 So. 2d 197 (Fla. 1985); SOB, Inc. v.
County of Benton, 317 F. 3d 856 (8th Cir. 2003);
New York State Liquor Auth. V. Bellanca, 452
U.S. 714 (1981); California v. LaRue, 409 U.S. 109
(1972) (result upheld in 44 Liquormart v. R.I., 517
§ 10-52
U.S. 484 (1996)); Seminole Entertainment, Inc. v.
City of Casselberry, 813 So. 2d 186 (Fla. 5th DCA
20)2), rev. denied 835 So. 2d 269 (2002), cert.
denied 123 S. Ct. 2276, 71 USLW 3641 (2003)
(including the entire record presented to the Cas-
selberry City Commission and the order of the
City Commission revoking Rachel's adult enter-
tainment license); McKee v. City of Casselberry,
10 Fla. L. Weekly Supp. 408a; and matters and
materials submitted at the public hearings relat-
ing to this Ordinance and other matters and
documents relating to all of the above; and the
experiences of other neighboring communities in-
cluding the City of Casselberry, the city commis-
sion finds:
(1) Sexually oriented businesses and adult
entertainment establishments lend them-
selves to ancillary unlawful and un-
healthy activities that are presently un-
controlled or not adequately controlled by
the operators of the establishments or
businesses. Further, there are presently
no mechanisms or inadequate mecha-
nisms to make the owners of these busi-
nesses or establishments responsible for
the activities that occur on their pre-
mrses.
(2) Certain workers of certain sexually
ented businesses and adult entertain-
ment establishments defined in this arti-
cle engage in a higher incidence of certain
types of illicit sexual behavior than work-
ers of other business establishments.
(3) Sexual acts, including masturbation, and
oral and anal sex, occur at sexually
ented businesses and adult entertain-
ment establishments, especially those
which provide private or semi -private ar-
eas, booths or cubicles for viewing films,
videos, live sex shows and those having
physical interaction between workers and
customers.
(4) Offering and providing such private spaces
encourages such previously mentioned ac-
tivities, which create unhealthy condi-
tions.
(5) Persons frequent certain adult theaters,
adult arcades, and other sexually ori-
Supp. No. 9 697
§ 10-52 WINTER SPRINGS CODE
ented businesses and adult entertain- (13) According to the best scientific evidence,
ment establishments for the purpose of AIDS and HIV infection, as well as syph-
engaging in sex within the premises of ilis and gonorrhea, are principally trans -
such businesses and establishments. mitted by sexual acts.
(6) At least fifty (50) communicable diseases (14) Sanitary conditions in some sexually ori-
may be spread by activities occurring in ented businesses and adult entertain -
sexually oriented businesses and adult ment establishments are unhealthy, in
entertainment establishments, including, part, because the activities conducted there
but not limited to, syphilis, gonorrhea, are unhealthy, and, in part, because of the
human immunodeficiency virus infection unregulated nature of the activities and
(HIV -AIDS), genital herpes, hepatitis B, the failure of owners and operators of the
Non A, Non B amebiasis, salmonella in- facilities to self -regulate those activities
fections and shigella infections, and maintain those facilities.
(7) Since 1981 and to the present, there has (15) Numerous studies and reports have deter -
been an increasing cumulative number of mined that semen is found in the areas of
sexually oriented businesses and adult
reported cases of AIDS caused by the
human immunodeficiency virus (HIV) in enieriaininenc establishments where per -
the United States - 600 in 1982, 2,200 in sons view "adult" oriented films.
1983, 4,600 in 1984, 8,555 in 1985 and (16) The findings noted in paragraphs number
253,448 through December 31, 1992. (1) through (15) and as set forth hereinaf-
ter raise substantial governmental con-
(8) As of December 31, 1995, there have been terns.
51,838 reported cases of AIDS in the State
of Florida. (17) Sexually oriented businesses and adult
entertainment establishments have oper-
(9) From 1981 to June 1996, the number of ational characteristics which should be
living persons testing positive for the HIV reasonably regulated in order to protect
antibody with AIDS symptoms has risen those substantial governmental concerns.
to 73,217 in the 28 states having confiden-
tial reporting requirements. (18) A reasonable licensing procedure is an
appropriate mechanism to place the bur-
(10) The number of cases of early (less than den of that reasonable regulation on the
one year) syphilis in the United States owners and the operators of the sexually
reported annually has risen, with 33,613 oriented businesses and adult entertain -
cases reported in 1982 and 45,200 through ment establishments. Further, such a li-
November of 1990, tensing procedure will place a heretofore
nonexistent incentive on the operators to
(11) The number of cases of gonorrhea in the see that the business or establishment is
United States reported annually remains run in a manner consistent with the good
in a high level, with over one-half million order, health, safety and welfare of its
cases being reported in 1990. patrons and workers, as well as the citi-
zens of the city. It is appropriate to re-
(12) The surgeon general of the United States, quire reasonable assurances that the lic-
in his report of October 22, 1986, has ensee is the actual operator of the business
advised the American public that AIDS or establishment, fully in possession and
and HIV infection may be transmitted through sexual contact, intravenous drug l ntro coof the premises and activities oc-
abuse, exposure to infected blood and blood curring control
therein.
components, and from an infected mother (19) Removal of doors on adult booths and
to her newborn, requiring sufficient lighting on premises
Supp. No. 5 698
LICENSES AND BUSINESS REGULATIONS
with adult booths advances a substantial
governmental interest in curbing the ille-
gal and unsanitary sexual activity occur-
ring in adult theaters.
(20) Requiring licensees of sexually oriented
businesses and adult entertainment es-
tablishments to keep information regard-
ing current workers and certain past work-
ers will help reduce the incidence of certain
types of criminal behavior by facilitating
the identification of potential witnesses or
suspects and by preventing minors from
working at such businesses and establish-
ments.
(21) The disclosure of certain information by
those persons ultimately responsible for
the day-to-day operation and mainte-
nance of the sexually oriented business
and adult entertainment establishments,
where such information is substantially
related to the significant governmental
interest in the operation of such uses, will
aid in preventing the spread of sexually
transmitted diseases.
(22) It is desirable in the prevention of the
spread of communicable diseases to ob-
tain a limited amount of information re-
garding certain workers who may engage
in the conduct which this article is de-
signed to prevent or who are likely to be
witnesses to such activity.
(23) The fact that an applicant for an adult
entertainment establishment or sexually
oriented business license has been con-
victed of a sexually related crime leads to
the rational assumption that the appli-
cant may engage in that conduct in con-
travention of this article.
(24) Commercial establishments exist or may
exist within the city and other nearby
cities and counties in central Florida where
adult entertainment material is possessed,
displayed, exhibited, distributed and/or
sold for commercial purposes in the form
of books, magazines, periodicals or other
printer material, or photographs, films,
motion pictures, prints, videotapes, slides,
computer digital graphic recordings or
other visual representations or record-
ings, or recordings or other audio matter,
or instruments, novelties, devices, or par-
aphernalia which depict, illustrate, de-
scribe or relate to specified sexual activi-
ties or specified anatomical areas.
(25) Commercial establishments exist or may
exist within the city and other nearby
cities or counties in central Florida where
adult entertainment and sexually ori-
ented commercial activities in the form of
nude, semi-nude, or topless dancers, en-
tertainers, performers, or other individu-
als, who, for commercial gain, perform or
are presented while displaying or expos-
ing specified anatomical areas; or engage
in straddle dancing or touching with cus-
tomers.
(26) Commercial sexually oriented businesses
exist or operate or may exist or operate
within the city or other nearby cities or
counties in central Florida where sexually
oriented services are offered for commer-
cial or pecuniary gain in the form of
commercial physical contact, escort ser-
vices and other services providing sexual
encounters. The workers of such sexually
oriented businesses operating in central
Florida engage in physical contact or touch-
ing with customers including, but not
limited to, acts of prostitution, or encour-
age or entice the customers to engage in
lewdness.
(27) The activities occurring at sexually ori-
ented businesses and adult entertain-
ment establishments occur at establish-
ments and businesses which operate
primarily for the purpose of making a
profit and, as such, are subject to regula-
tion by the city in the interest of the good
order, health, safety, economy, property
values, morals and general welfare of the
people, businesses and industries of the
city. A major industry which is important
to the community's economic welfare is
tourism by persons seeking to bring chil-
dren to visit central Florida attractions
Supp. No. 9 6gg
§ 10-52
WINTER SPRINGS CODE
who wish to stay in a community with a
family atmosphere not dominated by com-
mercialized sexual themes.
(28) When the activities occurring at sexually
oriented businesses and adult entertain-
ment establishments are present in estab-
lishments and businesses, other activities
which are illegal, unsafe, or unhealthful
tend to accompany them, concentrate
around them, and be aggravated by them.
Such other activities include, but are not
limited to, prostitution, pandering, solici-
tation for prostitution, lewd and lascivi-
ous behavior, exposing minors to harmful
materials, possession, distribution and
transportation of obscene materials, sale
or possession of controlled substances,
and violent crimes against persons and
property.
(29) When the activities occurring at sexually
oriented businesses and adult entertain-
ment establishments are competitively ex-
ploited in establishments and businesses,
they tend to attract an undesirable num-
ber of transients, blight neighborhoods,
adversely affect neighboring businesses,
lower real property values, promote the
particular crimes described above and,
ultimately, lead residents and businesses
to move to other locations.
(30) Sexually oriented businesses and adult
entertainment establishments often have
exterior signs or exterior appearance that
lower the surrounding property values
and contribute to urban decline.
(31) In order to reverse urban blight, the City
of Winter Springs participates in an es-
tablished community redevelopment area
pursuant to Chapter 163, Florida Stat-
utes along the SR 17-92 corridor. Sexually
oriented businesses and adult entertain-
ment establishments that contribute to
urban blight operate at cross-purposes
with Community Redevelopment Areas.
(32) The activities occurring at sexually ori-
ented businesses and adult entertain-
ment establishments sometimes occur in
establishments and businesses concur-
Supp. No. 5 'j�0
rent with the sale and consumption of
alcoholic beverages which concurrence
leads to a further increase in criminal
activity, unsafe activity, and disturbances
of the peace and order of the surrounding
community and creates additional haz-
ards to the health and safety of customers
and workers and further depreciates the
value of adjoining real property harming
the economic welfare of the surrounding
community and adversely affecting the
quality of life, commerce, and community
environment.
(33) Physical contact or touching within sexu-
ally oriented businesses and adult enter-
tainment establishments between work-
ers exhibiting specified anatomical areas
and customers poses a threat to the health
of both and promotes the spread of com-
municable and social diseases.
(34) Tn er�ier to preGe���e anti safP�,ar� the
good order, health, morals, safety, and
general welfare of the people of the city it
is necessary and advisable for the city to
regulate the conduct of owners, manag-
ers, operators, agents, workers, entertain-
ers, performers, and customers at sexu-
ally oriented businesses and adult
entertainment establishments.
(35) The potential dangers to the good order,
morals, health, safety, and general wel-
fare of the people of the city posed by
permitting a sexually oriented business
or adult entertainment establishment to
operate without first meeting the require-
ments for obtaining a license under this
article are so great as to require the
licensure of such establishments prior to
their being permitted to operate.
(36) Requiring operators of sexually oriented
businesses and adult entertainment es-
tablishments to keep records of informa-
tion concerning workers and certain re-
cent past workers as well as customer
contracts and other matters and materi-
als will help reduce the incidence of cer-
tain types of criminal behavior by facili-
tating the identification of potential
LICENSES AND BUSINESS REGULATIONS § 10-52
witnesses or suspects and by making it ity has resulted in a high incidence of
difficult for minors to work at or be cus- prostitution and crimes related to lewd-
tomers in such establishments. ness by workers.
(37) Prohibiting sexually oriented businesses (42) Sexually oriented businesses involve ac-
and adult entertainment establishments tivities that are pure conduct engaged in
from operating within set distances of for the purpose of making a profit, rather
educational institutions, religious institu- than speech or expressive activity and,
tions, residences, areas zoned or desig- therefore, are subject to and require in-
nated for residential use, and parks at creased regulation to protect the health,
which minors are customarily found, will good order, morals, welfare and safety of
serve to protect minors from the adverse the community.
affects of the activities that accompany (43) Requiring sexually oriented businesses to
such establishments and businesses, post a listing of services provided and
(38) Straddle dancing, unregulated private per- restrict services to those listed as well as
formances, and enclosed adult booths in maintaining a customer contract and trans -
sexually oriented businesses and adult action record in a daily register will dis-
entertainment establishments have re- courage incidents of criminal behavior
sulted in indiscriminate commercial sex such as lewdness and prostitution thereby
between strangers and poses a threat to further safeguarding the health of both
the health of the participants and pro- workers and customers and will assist
motes the spread of communicable sexu- facilitating the identification of potential
ally transmitted diseases. Straddle danc- witnesses or suspects if criminal acts do
ing is primarily conduct rather than occur,
communication or expression. (44) This article shall not be construed as
(39) Workers at sexually oriented businesses opting the City of Winter Springs out of
and adult entertainment establishments the Seminole County Public Decency or -
engage in a higher incidence of certain dinance.
types of unhealthy or criminal behavior (45) The general welfare, health, good order,
than workers of other establishments and and safety of the citizens of the city will be
businesses including, but not limited to, a promoted by the enactment of this article.
very high incidence of illegal prostitution
or engaging in lewdness in violation of (c) Intent. It is the intent of this article to
Chapter 796 of the Florida Statutes, op- protect and preserve the good order, health, peace,
eration without occupational licenses and safety, and welfare of the citizens of the City of
illegal and unlicensed massage. Winter Springs. Except for the locational zoning
requirements, this article regulates conduct and
(40) Physical contact or touching between work- is not an ordinance that affects the use of land as
ers of sexually oriented businesses and contemplated by Section 166.041, Florida Stat-
adult entertainment establishments and utes (2003).
customers poses a threat to the health of
both and promotes the spread of commu- (d) Authority. This article is enacted under the
nicable and sexually transmissible dis- constitutionally derived home rule power of the
eases. City of Winter Springs in the interest of the good
order, health, peace, safety, and general welfare of
(41) The practice of not paying workers at the people of the city.
sexually oriented businesses and requir-
ing them to earn their entire income from (e) 'Whereas"clauses. It is the city commission's
tips or gratuities from their customers further intention to accomplish those intents and
who are predisposed to want sexual activ- purposes expressed by the city commission in the
Supp. No. 5 701
WINTER SPRINGS CODE
recital ("whereas" clauses) of this article, each of
which are incorporated by reference into this
section.
(f) Speech protectio�z. Nothing herein shall be
construed to prohibit constitutionally protected
expression or speech. This article is intended to
reasonably regulate the adult entertainment in-
dustry and sexually oriented businesses which
engage in commercial activities involving acts or
services of a sexually explicit nature or which
involve acts or services involving matters which
are sexual in nature.
(Ord. No. 200341, §§ 2, 3, 2-9-04)
Sec. 10-53. Construction.
(a) This article shall be liberally construed to
sexually oriented businesses and adult entertain-
ment establishments in order to reduce or elimi-
nate adverse secondary effects of such businesses
and establishments. This article is intended to
reasonably regulate such matters in order to
reduce or eliminate the adverse secondary effects
of commercial establishments and businesses. The
provisions of this article shall not be deemed to
authorize a violation of Seminole County's Public
Decency ordinance or the City's Code regulating
public nudity at licensed beverage establish-
ments. The provisions of this article shall be
construed to be additional and supplemental to
the Seminole County Public Decency ordinance
and is in no way whatsoever intended to conflict
with the clothing requirements contained in the
Seminole County Public Decency ordinance or the
City's Code regulating public nudity at licensed
beverage establishments. The regulation of alco-
holic beverage establishments is also addressed
in the City Code of the City of Winter Springs and
other provisions of law.
(b) Unless otherwise indicated, all provisions
of this Article shall apply equally to all persons,
regardless of sex. Masculine pronouns, such as
"he," "his," and "him," as employed in this article,
shall also be construed to apply to feminine pro-
nouns and neutral pronouns, unless the context
suggests otherwise. Words used in the singular
number shall include the plural number, unless
the context suggests otherwise.
(Ord. No. 200341, §§ 2, 3, 2-9-04)
Sec. 10454. Obscenity/indecent exposure un-
lawful.
As a matter of state and federal law, obscenity
is unlawful in the City of Winter Springs. Like-
wise, state law prohibits indecent exposure. Noth-
ing in this article shall be construed to allow or
permit the possession, distribution and transpor-
tation of obscene materials, to authorize the ex-
posing of persons under eighteen (18) years of age
to motion pictures, exhibitions, shows, represen-
tations and presentations of specified sexual ac-
ties or persons displaying or exhibiting speci-
fied anatomical areas; or the indecent exposure of
a person as prohibited by state law.
(Ord. No. 200341, §§ 2, 3, 2-9-04)
Sec, 10-55. Definitions.
The following words and phrases defined in
this section and used in this article shall have the
meaning herein prescribed, unless the context
c efirly ouggpsts oth^rv,»Uv.
Adult bookstore/adult video store:
(1) An establishment which, as its principal
business purpose, sells or rents adult ma-
terial or which offers adult materials for
sale or rent as a significant portion of its
stock and trade.
(2) Any establishment in which any one (1) or
more of the following five (5) elements
occur shall be presumed to be an adult
bookstore/adult video store:
a. That the adult material is accessible
to customers; "accessible to custom-
ers" means that the item can be
physically touched, picked up, han-
dled by a customer before being trans-
ferred from the control of a worker,
or is visually displayed so that an
adult or child present in the store
can view substantially more than its
name alone; or
b. That the individual items of adult
material offered for sale and/or rental
comprise more than twenty-five (25)
percent of the unused individual items
publicly displayed at the establish-
ment as stock in trade in the follow-
Supp. No. 5 702
LICENSES AND BUSINESS REGULATIONS
ing categories: books, magazines, pe-
riodicals, other printed matter, slides,
photographs, films, motion pictures,
videotapes, compact disks, computer
digital graphic recordings, other vi-
sual representations, audio record-
ings and other audio matter, and
more than twenty-five (25) percent
of the total used items publicly dis-
played at the establishments as stock
in trade in each of the same catego-
ries set out above; or
Adult booth: A separate booth inside an adult
entertainment establishment or sexually oriented
business accessible to any person, regardless of
whether a fee is charged for access. The term
"adult booth" includes, but is not limited to, a
"peep show" booth or arcade, or other booth used
to view "adult material." The term "adult booth"
does not include a foyer through which any person
can enter or exit the establishment or a rest room.
Adult entertainment: One (1) or more of the
following activities:
c. The gross income each month from
the sale and rental of adult material (1) The display or exposure of any specified
comprises more than ten (10) per- anatomical area by a worker to a cus-
cent (10%) of that month's gross in- tomer regardless of whether the worker
come from the sale and rental of the actually engages in performing or dancing
goods and material at the establish- or where workers wear or display to a
ment; or customer any covering, tape, pastie, or
d. The floor area used to display adult other device which simulates or otherwise
material comprises more than ten gives the appearance of the display or
(10) percent of the floor area used for exposure of any specified anatomical ar-
display of all goods and material at eas regardless of whether the worker ac-
the establishment; or tually engages in performing or dancing;
e. The establishment uses any of the of
following terms in advertisements or (2) Providing adult material for commercial
any other promotional activities re-
lating to the adult material: "XXX," or pecuniary gain; or
"XX," "X," or any series of the letter (3) The offering, soliciting or contracting to
"X" whether or not interspersed with dance or perform by a worker with or for a
other letters, figures or characters, customer with the acceptance of any con -
"erotic" or deviations of that word; sideration, tip, remuneration or compen-
"adult entertainment," "adult books," sation from or on behalf of that customer;
"adult videos" or similar phases; "sex- or
ual acts" or similar phrases; "nude"
or "nudies" or similar phrases which (4) The dancing or performing by a worker
letters, words or phrases a reason- with or within three (3) feet of a customer
able person would believe to be pro- with the acceptance of any consideration,
motional of the purchase or rental of tip, remuneration, or compensation from
adult material. or on behalf of that customer.
(3) In recognition of the provisions of Sec-
tions 847.013 and 847.0133, Florida Stat- Adult entertainment establishment: An adult
utes, which protects minors from expo- performance establishment, adult bookstore/adult
sure to obscene material, any business video store, adult motel, or adult theater as those
which is an adult bookstore/adult video terms are defined herein, which is operated for
store shall have in place at each entrance commercial or pecuniary gain. An establishment
to such business a sign, no greater than with an adult entertainment license shall be
one (1) square foot in size, stating "Per- presumed to be an adult entertainment establish -
sons under 18 years of age not permitted." ment.
Supp. No. 5 703
§ 10-55 WINTER SPRINGS CODE
Adult material: One (1) or more of the follow- b Wears and displays to a customer
ing, regardless of whether it is new or used: any covering, tape, pastie, or other
(1) Books, magazines, periodicals, or other device which simulates or otherwise
printed matter, photographs, films, mo- gives the appearance of the display
tion pictures, videotapes, video cassettes, or exposure of any specified anatom-
slides, computer digital graphic record- ical areas, regardless of whether the
ings, or other visual representations, tape worker actually engages in perform -
recordings, disks or other audio matter, ing or dancing; or
which have as their primary or dominant c. Offers, solicits, or contracts to dance
theme matters depicting, illustrating, de- or perform with or for a customer
scribing or relating to specified sexual and accepts any consideration, tip,
activities or specified anatomical areas; or remuneration or compensation from
(2) Instruments, novelties, devices or para- or on behalf of that customer; or
phernalia which are designed for use in d. Dances or performs with or within
connection with specified sexual activi- three (3) feet of a customer and ac-
ties, excluding bona fide birth control de- cepts any consideration, tip, remu-
virp _ naratinn m• rmmnr nGaf nn fi•nm or
Adult model: Any person who, for commercial
on behalf of that customer.
or pecuniary gain, offers, suggests, or agrees to (2) A bona fide private club whose member -
engage in a private performance, modeling or ship as a whole engages in social nudism
. .
lsli ay of male or female Ilage,iu) baLhiiig ;l as) or na'Luralisi-n as in a !WdLL 1'E3`,iOi ; Oi'
under garments, or specified anatomical areas to camp and at which specified sexual activ-
the view of a customer. ities do not occur shall be presumed not to
Adult motel: Any motel, hotel, boarding house, be an adult performance establishment.
rooming house or similar commercial establish- (3) It is an affirmative defense to an alleged
ment which offers accommodations to the public violation of this Code regarding operating
for any form of consideration whose advertise- an adult performance establishment with-
ments or business name includes the word "adult" out a license if the alleged violator dem-
or which advertises to the public outside of the onstrates that the predominant business
premises of the establishment and visible from a or attraction of the establishment is not
public right-of-way the presentation of closed- offering to customers of entertainment
circuit television transmissions, films, motion pic- which is intended to provide sexual stim-
tures, video tapes, video cassettes, slides or other ulation or sexual gratification to such
photographic reproductions, which have as their customers and the establishment and its
primary or dominant theme matters depicting, advertising is not distinguished by an
illustrating or relating to specified sexual activi- emphasis on or the promotion of matters
ties or specified anatomical areas. The term "adult or persons depicting, describing, display -
motel" is included within the definition of "adult ing, exposing, simulating or relating to
theater." specified sexual activities or specified an -
Adult per formance establishment: atomical areas.
(1) Any establishment where any worker: (4) Consistent with the decision of the Su-
preme Court of Florida in the case of
a. Engages in a private performance, Hoffman v. Carson, 250 So. 2d 891, 893
acts as an adult model, or displays or (1971), appeal dismissed 404 U.S. 981
exposes any specified anatomical ar- (1971), an adult performance establish-
eas to a customer, regardless of ment shall not be deemed a place pro -
whether the worker engages in danc- vided or set apart for the purpose of
ing or any particular activity; or exposing or exhibiting a person's sexual
Supp. No. 5 704
LICENSI;B AND BUSINESS REGULATIONS
organs in a manner contrary to the first poses of this article when they are en -
sentence of Florida Statute, § 800.03, the gaged in the bona fide practice of their
State's indecent exposure statute. occupation or profession:
Adult theater: An establishment which consists a. Persons licensed as a massage ther-
of an enclosed building, or a portion or part of an apist or apprentice massage thera-
enclosed building, or an open-air area used for pist pursuant to Chapter 480, Flor-
viewing by persons of films, motion pictures, ida Statutes, when providing massage
video cassettes, video tapes, slides, computer dig- services in an establishment licensed ital graphic recordings, or other photographic under Chapter 480, Florida Stat-
reproductions which have as their primary or utes.
dominant theme, matters depicting, illustrating b. Persons licensed under the laws of
or relating to specified sexual activities or speci- the State of Florida to practice med-
fied anatomical areas. "Adult motels," and "adult icine, surgery, osteopathy, chiropody,
booths" are included within the definition of "adult naturopathy, or podiatry.
theater." c. Persons licensed under the laws of
Adult video store: See "adult bookstore." the State of Florida as a physician's
assistant or nurse.
Alcoholic beverages: All beverages containing d. Persons holding a drugless
more than one (1) percent of alcohol by weight. It practitioner's certificate under the
shall be prima -facie evidence that a beverage is laws of the State of Florida.
an alcoholic beverage if there is proof that the e. Persons licensed as barbers or cos -
beverage in question was or is known as beer, metologists under the laws of the
wine, whiskey, moonshine whiskey, moonshine, State of Florida.
shine, rum, gin, tequila, bourbon, vodka, scotch,
scotch whiskey, brandy, malt liquor, or by any f. Persons performing authorized ser-
other similar name or names, or was contained in vices in a hospital, nursing home,
a bottle or can labeled as any of the above names, sanitarium, adult congregate living
or a name similar thereto, and the bottle or can facility, group home, day care center,
bears the manufacturer"s insignia, name, or trade- or similar place of business when
mark. Any person who, by experience in the owned and operated in accordance
handling of alcoholic beverages, or who by taste, with the laws of the State of Florida.
smell, or drinking of such alcoholic beverages has g. Persons who are instructors, coaches,
knowledge of the alcoholic nature thereof, may or athletic trainers employed by, or
testify as to his opinion about whether such on behalf of, any professional, ama-
beverage is an alcoholic beverage. teur, Olympic, or similar athletic team
Commercial bodily contact: engaging in bona fide athletic events,
or when employed by a governmen-
(1) The manipulation, washing, scrubbing, tal entity or a bona fide educational
stroking, or touching, for commercial or institution.
pecuniary gain, of the body of another h. Persons licensed as physical thera-
person directly, or indirectly through a pists under the laws of the State of
medium or using any object, instrument, Florida.
substance, or device between a worker (Ord. No. 200341, §§ 2, 3, M-04)
and a customer.
Commercial bodily contact establishment: Any
(2) The following persons engaged in the bona establishment, business, or place operated for
fide performance of the following activi- commercial or pecuniary gain or where for any
ties shall not be deemed to be engaging in form of consideration workers or customers en -
commercial bodily contact for the pur- gage in commercial bodily contact or any estab-
Supp. No. 5 705
§ 10-55 WINTER SPRINGS CODE
lishment, business or place any portion of which regular classes and/or courses of study required
is set aside, advertised, promoted or used as a for eligibility to certification by, accreditation to,
place where commercial bodily contact occurs or or membership in the State Department of Edu-
which is described or depicted as a "body scrub cation of Florida, Southern Association of Col -
salon," "body wash salon," or "body relaxation leges and Secondary Schools, or the Florida Coun-
salon." cil of Dependent Schools. The term "educational
Commercial or pecuniary gain: Operated for institution 41 includes a premises or site upon which
commercial or pecuniary gain shall be presumed there is a nursery school, kindergarten, elemen-
for any establishment which has received an tary school, junior high school, senior high school,
occupational license. For the purposes of this or any special institution of learning, a vocational
institution, professional institution, an institu-
article, operation for commercial or pecuniary
gain shall not depend on actual profit or loss. An tion of higher education, a community college,
establishment which has an occupational license junior college, four (4) year college or university.
or an establishment which advertises itself as a
type of adult entertainment establishment shall
be presumed to be "operated for commercial or
pecuniary gain."
Cornme�•cial establislimerat: Any business, loca-
tion, or place which conducts or allows to be
conducted on its premises any activity for com-
mercial or pecuniary gain.
Conviction:
A determination of guilt resulting
from plea or trial, regardless of whether adjudi-
cation was withheld or whether imposition of
sentence was suspended.
Customer:
(1) Any person present at an adult entertain-
ment establishment or sexually oriented
business, other than operators or work-
ers, regardless of whether the person has
given or paid any consideration to be
present at the adult entertainment estab-
lishment or sexually oriented business
and regardless of whether the person has
paid any money for goods or services at or
to the adult entertainment establishment
or sexually oriented business.
(2) Any person, excluding a worker or opera-
tor, who has paid, or has offered, agreed,
been solicited, or had someone else offer
or agree on that person's behalf to pay any
consideration, fee, or tip to an operator or
worker of an adult entertainment estab-
lishment or sexually oriented business.
Educational institution: Apremises or site upon
which there is an institution of learning for mi-
nors, whether public or private, which conducts
Entity: Any proprietorship, partnership, corpo-
ration, association, business trust, joint venture,
joint-stock company or other for profit and/not for
profit organization by whatever naive, title or
description.
Escort: Any person who, for commercial or
pecuniary gain, compensation or tips, agrees to,
offs'•^ to go, or goo^ to ;any place, including, but
not limited to, a business, hotel, motel, residence,
at, vessel, motor vehicle, or other mode of
transportation to do any of the following acts:
(1) Act as a companion or date for, or con-
verse with a customer;
(2) Engage in commercial bodily contact with
another person;
(3) Engage in a private performance;
(4) Engage in adult modeling or act as an
adult model;
(5) Display specified anatomical areas, strip
naked, or go topless; or
(6) Engage in any specified sexual activity.
Nothing in this definition shall be construed to
legalize prostitution or other conduct prohibited
by this Code or other law. Workers of a licensed
adult performance establishment for whom worker
records are maintained pursuant to this article
are excluded from the definition of escort when
engaged in the expressive display of specified
anatomical areas at a licensed adult performance
establishment.
An escort who is a paid employee type worker of
an escort service for whom taxes and social secu-
Supp. Mn 5 706
LICENSES AND BUSINESS REGULATIONS
city payments are withheld and paid by the escort
service, and who is not an independent contractor,
is not required to obtain his or her own sexually
oriented business license for activities conducted
pursuant to employment with the escort service.
Escort service: A person, business, establish-
ment, or place operated for commercial or pecu-
niary gain, which advertises as an "escort", "es-
cort service" or "escort agency" or otherwise offers
or advertises that it can furnish escorts, a private
performance, or adult models; or offers or actually
provides, arranges, dispatches, or refers workers
or themselves to act as an escort or engage in a
private performance for a customer. It is an affir-
mative defense to an alleged violation of this Code
regarding escort services if the alleged violator is
a bona fide dating or matching service which
arranges social matches or dates for two (2)
persons who each wish to meet a compatible
companion when neither of said persons solicits,
accepts, or receives any financial gain or any
monetary tip, consideration, or compensation for
the meeting or date is not an escort service.
Establishment: Any place, site, or premises, or
portion thereof, upon which any person, corpora-
tion, or business conducts activities or operations
for commercial or pecuniary gain including, but
not limited to, any place, site or premises from
where an escort service dispatches or refers work-
ers to other locations or at which an escort service
receives business calls fi om customers.
Law enforcement officer: An officer who is on
official duty for any law enforcement agency.
Licensee: Any person, corporation, partnership,
or other entity whose application for an adult
entertainment establishment or sexually oriented
business license has been granted and any per-
son, corporation, partnership or other entity who
owns or operates or controls the establishment or
business.
Operator:
Any person who engages in or per-
forms any activity which is necessary to or which
facilitates the operation of a sexually oriented
business or an adult entertainment establish-
ment including, but not limited to, the licensee,
manager, owner, doorman, bouncer, bartender,
disc jockey, sales clerk, ticket taker, movie projec-
tionist, dispatcher, receptionist, attendant or su-
pervisor.
Park: A tract of land within any jurisdiction
which is kept for ornament or recreation and
which is maintained as public property including,
but not limited to, a playground, nature trails,
swimming pool, reservoir, athletic field, basket-
ball or tennis courts, pedestrian/bicycle paths,
wilderness areas or other similar public land.
Person: Includes, but is not limited to, an
individual, associations, joint ventures, partner-
ships, estates, trusts, business trusts, syndicates,
fiduciaries, corporations, and any and all other
similar entities and all officers, directors and
principal stockholders of such associations, joint
ventures, partnerships, estates, trusts, business
trusts, syndicates, fiduciaries, corporations or other
similar entities.
Police chief.• The chief of police of the City of
Winter Springs, Florida.
Private per for•mance: Modeling, posing, or the
display or exposure of any specified anatomical
area by a worker to a customer while the cus-
tomer is in an area not accessible during such
display to all other persons in the establishment
or, while the customer or worker is in an area
which is not on the premises of the establishment,
or in which the customer or worker is totally or
partially screened or partitioned during such dis-
play from the view of persons outside of the area.
Sexual encounter business:
(1) Any person or entity which for any form of
consideration or remuneration or which
charges an admission fee and provides a
place for the purpose of providing, encour-
aging or allowing three (3) or more per-
sons to engage in any specified sexual
activity among themselves or with other
persons.
(2) The following shall be presumed not to be
a sexual encounter business: (1) a bona
fide private club whose membership as a
whole engages in social nudism or natu-
ralism as in a nudist resort or camp and
at which specified sexual activities do not
Supp. No. 5 707
WINTER SPRINGS CODE
occur, (2) a state licensed sexual thera-
pist, and (3) a bona fide hotel or motel
licensed by the state.
Sexual gratification: Means the engaging in or
committing of an act of sexual intercourse, oral.
genital contact, masturbation, or the touching of
the covered or uncovered sexual organ, pubic
region, buttock, breast, chest or inner thigh of a
person, any of which is for the purpose of arousing
or gratifying the sexual desire of another person.
Sexual stimulation: Means either to excite or
arouse the prurient interest or to offer, propose,
solicit, or suggest to provide an act of sexual
b ,^,.tifiC.^..tl0n tv u iI..I..`•,t.�)iiivr, 444�Audiii6 "i iivt
limited to all conversations, statements, adver-
tisements and acts which would lead a reasonable
person to conclude that an act of sexual gratifica-
tion was to be, provided,
Sexually oriented business: A commercial bodily
contact establishment, escort service, or sexual
encounter business. A business shall be a sexually
oriented business, whether services are provided
on the premises of an establishment or on an out
call basis at any other place and regardless of
whether such business is licensed under this
article. A business with a sexually oriented busi-
ness license shall be presumed to be a sexually
oriented business. An individual operating a sex-
ually oriented business is subject to the provi-
sions of this article notwithstanding the fact that
services are being provided at or from a residence,
motor vehicle, vessel or any other location and a
license pursuant to this article is required unless
the individual is a paid employee for whom taxes
and social security payments are withdrawn and
paid by the licensed establishment, worker records
are maintained, and the individual is not an
independent contractor.
Specified Anatomical Areas: (Editor's note: The
source of the footnotes below is The New Webster's
Medical Dictionary (Bolander, 1991). The defini-
Supp. No. 5 708
tions of terms set forth in the footnotes are a
material part of this article and apply to the use of
the term each time it is used in this article.)
(1) Any of the following in a state that is less
than completely and opaquely covered:
a. The male or female genitals 1;
b. The male or female pubic areal;
c. The vulva';
d. The anus4;
e. The penis5;
f. The scrotums;
g. The cleavage of the buttocks;
h. The buttocks;
i. The anah cleft;
j. The anal cleavage;
k. The breast$ of a female;
1. Human male genitals in a discern-
ibly turgid state, even if completely
and opaquely covered.
(2) Body paint, body dyes, tattoos, liquid la-
tex whether wet or dried, dental floss,
1Genitals, genitalia —Organs of the reproductive system,
especially the external organs.
'Pubic Area-41) Pubes, the pubic region; the anterior
region of the innominate bone covered with pubic hair; os
his. (2) Pubic, pertaining to the pubes. (3) Pubis, pubic bone,
or the innominate bone.
'Vulva —External female genitalia, including the mons
pubis, labia majora and minors, clitoris and vestibule of the
vagina.
'Anus —Outlet of the rectum leading from the bowel.
'Penis —The male organ for urination and copulation, a
pendulous structure that is suspended from the front and the
sides of the pubic arch.
Scrotum —The external double pouch that contains the
testicles.
Anal —A ring, pertaining to the rectal opening; near the
anus.
'Breast —A portion of the human female mammary gland
(commonly referred to as the female breast) including the
nipple and the areola (the darker colored area of the breast
surrounding the nipple) and an outside area of such gland
wherein such outside area is: G) reasonably compact and
contiguous to the areola, and (ii) contains at least the nipple
and the areola and one-fourth of the outside surface area of
such gland. The female breast shall not include any portion of
the cleavage between the human female breasts typically
exhibited by a dress, blouse, shirt, leotard, bathing suit, or
other wearing apparel, provided that the areola is not exposed.
LICENSES AND BUSINESS REGULATIONS
G-Strings, thongs, and similar coverings
shall not be considered an opaque cover-
ing.
Specified c�inainal act:
(1) A violation of this article;
(2) Any felony not otherwise specified in this
definition;
(3) An offense under Chapter 794, Florida
Statutes (sexual battery);
(4) An offense under Chapter 796, Florida
Statutes (prostitution);
(5) An offense under Chapter 800, Florida
Statutes (lewdness; indecent exposure);
(6) An offense under Chapter 826, Florida
Statutes (bigamy; incest);
(7) An offense under Chapter 847, Florida
Statutes (obscene literature; profanity);
or
(8) An offense against an analogous federal
statute or the statutes of a state other
than Florida, or an analogous ordinance
of another county or city.
Specified sexual activities: (Editor's note: The
sources for the footnotes below are (1) Taber's
Cyclopedic Medical Dictionary, T.A. Davis Co.,
Philadelphia, 1997 (ed. 18); (2) Oxford Dictionary
of the English Language (multi -volume); (3) Flor-
ida Statutes. The definitions of terms set forth in
the footnotes are a material part of this article
and apply to the use of the term each time it is
used.)
(1) Human genitals in a state of sexual stim-
ulation, arousal or tumescence; or
(2) Acts of human anilingus9, bestialitylo,
buggery", cunnilingus12, coprophagy13,
9Anilingus-Oral stimulation of the anus by use of the
tongue or lips.
1oBestiality --- (1) Use of animals for sexual enjoyment or
any sexual act between a person and an animal involving the
sex organ of the one and the mouth, anus, penis or vagina of
the other.
"Buggery —Sodomy.
12Cunnilingus—Sexual activity in which the mouth and
tongue are used to stimulate the female genitalia.
"Coprophagy—The eating of excrement.
§ 10-55
coprophilia14, feRatio l5, flagellation l6, mas-
ochi17, masturbation18, necrophilial9
sm,
pederasty20, pedophilia21, sadism22, sado-
masochism23, sapphism24, sexual inter-
COUr se25, sodomy26, urolagnia27, or
zooerasty28; or
(3) Fondling or other touching of human gen-
itals, pubic region, any part of the but-
tocks, anus or female breast; or
(4) Oral, anal, or vaginal penetration by, or
union with, the sexual organ or any other
part of the body of another;
(5) Anal or vaginal penetration of another or
oneself with any object; or
(6) The handling or fondling of the sexual
organ of another for the purpose of mas-
turbation directly or through a medium;
or
(7) Excretory functions as part of or in con-
nection with any of the activities set forth
in subsections (a) through (f).
14Coprophilia—An abnormal interest in feces.
15Fellatio—Oral stimulation of the penis.
1'Flagellation—Whipping or a massage by strokes which is
a form of sexual aberration in which the libido is stimulated by
whipping oneself, being whipped, or whipping someone else.
i7Masochism—Sexual excitement by being humiliated or
hurt by another or a sexual perversion in which one takes
delight in being dominated, even to the extent of violence or
cruelty, by another person.
1'Masturbation—Stimulation of genitals or other eroge-
nous areas by some means other than sexual intercourse, such
as a hand or object.
19Necrophilia—Sexual intercourse with a dead body.
20Pederasty—Anal intercourse between a man and a young
boy.
z'Pedophilia—Fondling of children or any other sexual
relations with a child.
zzSadism—Sexual pleasure derived from inflicting mental
or physical pain on others.
z'Sadomasochism--Sexual pleasure related to sadism and
masochism.
z4Sapphism—Lesbianism, i.e., the unnatural sexual rela-
tionship between women such as cunnilingus, anilingus, mas-
turbation, etc.
z'Sexual intercourse —Sexual union between a man and a
woman by insertion of the penis into the vagina.
z'Sodomy—Anal intercourse.
Z7Urolagnia—Sexual excitation associated with urination
(e.g., watching another person urinate or having another
person urinate on one's own body.)
28Zooerasty—Bestiality.
Supp. No. 5 70J
WINTER SPRINGS CODE
Straddle dance:
(1) The use by a worker of any part of his or
her body to touch the genital or pubic area
of another person, or the touching of the
genital or pubic area of any worker by
another person; or the straddling of the
legs of a worker over any part of the body
of a customer at the establishment, re-
gardless of whether there is a touch or
touching; or the use by a worker, of any
part of his or her body to touch the geni-
tal, pubic region, buttock, anus or female
breast of another person while at the
establishment, or the touching of the gen-
ital, pubic region, buttock, anus or female
breast of any worker by a customer while
at the establishment.
(2) Conduct shall be a "straddle dance" re-
gardless of whether the "touch" or "touch-
ing" occurs while the worker is displaying
or• xpoei engr any cpecifed anatomical area
(3) Conduct shall also be a "straddle dance"
regardless of whether the "touch" or "touch-
ing" is direct or through a medium.
(4) The terms "lap dance," "table dance," and
"face dance" are included within the term
"straddle dance".
Worker: A person who works, performs, or pro-
vides services at an adult entertainment
estab-
lishment or at or for a sexually oriented business,
irrespective of whether said person is paid a
salary or wage and shall include, but is not
limited to, employees, independent contractors,
subcontractors, lessees, or sub -lessees who work
or perform at an adult entertainment establish-
ment or at or for a sexually oriented business. An
operator is a type of worker.
(Ord. No. 200341, §§ 23 3) 2-MQ
Sec. 10-56. Notice.
Any notice required under this article shall,
unless otherwise provided in this article, be ac-
complished by posting upon the subject premises
and/or sending a written notification by certified
mail to the mailing address set forth on the
application for the license or a permit. This mail -
ing address shall be considered the correct mail-
ing address unless the city manager or his desig-
nee has been otherwise notified in writing.
(Ord. No. 200341, §§ 2, 3, M- 04)
Sec. 10-57. Penalties; remedies; relief.
Any person violating any of the provisions of
this article shall be prosecuted in the same man-
ner as misdemeanors are prosecuted. Such viola-
tions shall be prosecuted in the name of the State
of Florida in a court having jurisdiction of misde-
meanors by the prosecuting attorney thereof and,
upon conviction, shall be punished by a fine not to
exceed five hundred dollars ($500.00) or by im-
prisonment in the county jail not to exceed sixty
(F0) (inys nr by hotb fine and imprisonment a9
provided in Section 162.22, Florida Statutes (2003).
Each incident or separate occurrence of any act
that violates this article shall be deemed a sepa-
rate offense. In addition to the penalties provided
under this section, violators of this article shall be
subject to any other appropriate civil or criminal
action provided by law in a court of competent
jurisdiction, including, but not limited to, injunc-
tive relief.
(Ord. No. 200341, §§ 21 31 2-M4)
Sec. 10-58. License required.
(a) Requir•ernent. It is unlawful for
any person
to operate or to be an operator of or worker at a
sexually oriented business or an adult entertain-
ment establishment which has not first obtained
a license which is applicable for said establish-
ment or business pursuant to this article; or to
continue to operate or be an operator of or worker
at a sexually oriented business or an adult enter-
tainment establishment where that person knows
or has reason to know that the license of the
establishment or business is under suspension,
has been revoked or has lapsed. The operation of
asexually oriented business or an adult entertain -
en mt establishment without a valid license, where
applicable, is unlawful and shall be grounds for
the closing of the establishment or business upon
a finding of fact by a court or other body with
proper jurisdiction that the establishment does
not have a valid license.
Supp. Mn 5 710
LICENSES AND BUSINESS REGULATIONS
(b) Licensing office. Unless the city manager
designates in writing an office to administer the
provisions of this article, the city manager shall
serve as the licensing office. The city manager
may modify his designation from time to time in
writing. When the phrase "city manager or his
designee" is used in this article, the designee
referred to shall be the office designated in writ-
ing pursuant to this subsection.
(c) Classifications. Adult entertainment estab-
lishment and sexually oriented business licenses
referred to in this article shall be classified as
follows:
(1) Adult bookstore/adult video store;
(2) Adult performance establishment;
(3) Adult motel;
(4) Adult theater;
(5) Commercial bodily contact establishment;
(6) Escort service.
Al
Single license/Single classification of li-
cense. Only one (1) license may be issued for a
location or any single building and only under a
single classification.
(Ord. No. 200341, §§ 2, 3, 2-9-04)
Sec. 10-59. Responsibilities of other offices
and departments.
The city commission is the legislative branch of
the City of Winter Springs government. Ultimate
responsibility for the administration of this arti-
cle is vested in the city manager or his designee as
set forth in this article. Other departments hav-
ing responsibility under this article are as follows:
(1) The city manager or his designee is re-
sponsible for granting, denying, revoking,
renewing, suspending and canceling a li-
cense issued under this article.
(2) The police chief is responsible for verify-
ing information contained on applications
for inspecting proposed or existing adult
entertainment establishments and sexu-
ally oriented businesses in order to ascer-
tain compliance with applicable criminal
statutes and ordinances including, but
not limited to, those set forth in this
article, for determining whether license
applicants have been convicted of a felony
or a specified criminal act within the
previous five (5) years and for enforcing
applicable criminal statutes and or&
nances including, but not limited to, those
set forth in this article.
(3) The building official is responsible for
inspecting establishments in order to as-
certain compliance with all applicable
building codes, statutes, ordinances and
regulations.
(4) The fire chief is responsible for inspecting
establishments and businesses in order to
ascertain compliance with all applicable
fire codes, statues, ordinances and regu-
lations.
(5) The community development department
is responsible for ascertaining whether
the location of proposed sexually oriented
businesses or adult entertainment estab-
lishments comply with all separation, dis-
tance, zoning and location requirements
of the land development regulations of the
city and set forth in this article and whether
compliance with all applicable zoning reg-
ulations and land use laws is maintained.
(Ord. No. 2003-41, §§ 2, 31 2-9-04)
Sec. 10-60. License application and applica-
tion fee.
Any person desiring to engage in the business
of operating an adult entertainment establish-
ment or a sexually oriented business shall file
with the city manager or his designee a sworn
application on forms supplied by the city. The
application shall contain the information and
documents as provided in this article and shall be
accompanied by an application fee as established
in this article. The application shall be signed by
the applicant and verified by the applicant before
an officer authorized to take oaths and acknowl-
edgments.
(Ord. No. 200341, §§ 2, 3, 2-9-04)
Sec. 10-61. Contents of application.
(a) The completed application, shall be accom-
panied by the following documents and shall be
accompanied by a non-refundable application fee
Supp. No. 5 711
WINTER SPRINGS CODE
of two hundred dollars ($200.00) which shall be
used to defray the costs of the application review
process by various offices and departments; pro-
vided, however, that the fee shall be applied as a
credit toward the annual license fee for licensing
under this article:
(b) If the applicant is:
(1) An individual, the individual shall state
his or her legal name to include any and
all aliases, residential street address, res-
idential telephone number, an address
where all correspondence from the city
should be mailed, and submit proof that
he is eighteen (18) years of age by provid-
ing a copy of a valid driver's license,
pMfrat•Ic rncri�tr tine r rr� nr an�th�r vtate
_ ,.,b_... .,_ ... ...ems.. ..a....
issued identification card; or a certified
copy of a birth certificate; or
(2) A partnership or trust, the partnership or
trust shall state its complete name, and
the names, residential street addresses,
and telephone numbers of all partners,
whether the partnership is general or
limited or trustees, the name and residen-
tial street address of at least one (1)
person authorized to accept service of
process and, if in existence, a copy of the
partnership agreement; or
(3) A corporation, the corporation shall pro-
vide acopy of its articles of incorporation
stating its complete name, the date of its
incorporation, evidence that the corpora-
tion is in good standing, the names, resi-
dential street addresses, telephone num-
bers and capacity of all officers and
directors, and, if applicable, the name of
the registered corporate agent and the
legal street address of the registered of-
fice for service of process; or
(4) Any other entity, the entity shall state its
complete name, the date of formation, the
names, residential address, telephone num-
bers and capacity of all principal owners,
and the name and residential street ad-
dress of one (1) person authorized to ac-
cept service of process.
(c) If the applicant intends to conduct activi-
ties in the establishment or business under a
name other than that of the applicant, the appli-
cant shall state the establishment's or business'
fictitious name or names and the county of regis-
tration under Section 865.09, Florida Statutes, or
its successor and all business names and tele-
phone numbers to be used by the establishment
or business.
(d) The applicant shall state whether the ap-
plicant or any of the other individuals listed on
the application has, within the five (5) year period
immediately preceding the date of the applica-
tion, been convicted of a specified criminal act,
and, if so, the specified criminal act involved, the
date of conviction and the place of conviction.
(e) The applicant shall state whether the ap-
plicant or any of the other individuals listed
pursuant to subsection (b) has had a previous
lcel1S2 Lilllll:i" LILL ialLlclo L;a6pullded 014 ijcvoked
cl inuding the name and location of the establish-
ment for which the license was suspended or
revoked, the date of the suspension or revocation,
and whether the applicant or any other individu-
als listed pursuant to subsection (b) has been a
partner in a partnership or an officer, director or
principal stockholder of a corporation whose li-
cense under this article has previously been sus-
pended or revoked, including the name and loca-
tion of the establishment for which the license
was suspended or revoked, as well as the date of
the suspension or revocation.
(f) The applicant shall state whether the ap-
plicant or any other individuals listed pursuant to
subsection (b) holds any other licenses under this
article and, if so, the names and locations of such
other licensed establishments.
(g) The applicant shall state the single classi-
fication of license for which the applicant is filing.
(h) The applicant shall state the location of the
proposed establishment or business including a
street address, the name and address of the real
property owner of the site, a notarized statement
of consent from the real property owner authoriz-
ing a sexually oriented business or adult enter-
Supp. Mn 5 712
LICENSES AND BUSINESS REGULATIONS
tainment establishment on the site, and a legal
description of the property on which the establish-
ment is to be located.
applicant shall provide the names of
the workers for the proposed establishment or
business, if known, or, if presently unknown a
statement to that effect.
(j) The applicant shall submit a plan drawn to
appropriate scale of the proposed licensed pre-
mises indicating the areas to be covered by the
license, all windows, doors, entrances and exits
and the fixed structural features, walls, stages,
partitions, projection booths, admission booths,
adult booths, concession booths, stands, counters
and similar structures of the establishment or
business to which the proposed license pertains.
The term "fixed structural features" shall include
immovable partitions and counters and similar
structures that are intended to be permanent.
(k) The applicant shall provide a mailing ad-
dress, and, if different, a designated return ad-
dress where all future correspondence from the
city may be sent and the applicant's telephone
number where communications and inquiries can
be made.
(1) The applicant shall provide a recent color
photograph of the applicant in passport size if an
individual and of each officer and director if a
partnership, corporation or other similar entity.
(in)
The applicant shall provide the weight,
height, color of eyes, date of birth and gender of
the applicant if an individual and of each officer,
director or owner if a partnership, corporation or
other similar entity.
(n) The applicant shall provide the applicant's
social security account number or employer's tax
identification number and either the applicant's
drivers license number or the number of a federal
or state issued identification card if an individual
and of each officer and director or owner if a
partnership, corporation or other similar entity.
(o) The applicant shall provide a complete set
of the applicant's fingerprints if an individual and
of each officer and director or owner if a partner-
ship, corporation or other similar entity.
(p) The applicant shall provide a copy of the
most recent lease or deed of conveyance, which-
ever is applicable, indicating the applicant's in-
terest in the proposed establishment.
(q) The applicant shall provide a statement of
the hours of operations of the establishment or
business.
(r) It is unlawful for any person applying for
an adult entertainment establishment or sexually
oriented business license to make a false state-
ment which is intended to facilitate the issuance
of a license or to provide false information which
is intended to facilitate the issuance of a license.
(Ord. No. 200341, §§ 2, 3, 2-9-04)
Sec. 10-62. Continuing duty; false or mislead-
ing information.
(a) Each applicant shall be under a continuing
duty and obligation to disclose to the city man-
ager or his designee any and all changes or
alterations in the information or disclosures re-
quired by this article. It is the duty of each
applicant to correct changed, false or erroneous
information provided in an application. It is un-
lawful for an applicant to fail to disclose changes
in information provided or to fail to correct false
or erroneous information given in an application
immediately upon the applicant knowing or being
in such a position that he or she should have
known that the information provided has changed
or was false or erroneous when provided.
(b) It is unlawful for any person applying for
an adult entertainment establishment or sexually
oriented business license to make a false or mis-
leading statement or provide false or misleading
information which is intended to facilitate the
issuance of a license.
(Ord. No. 200341, §§ 2, 3, M- 04)
Sec. 10-63. Consent.
By applying for a license under this article, the
applicant shall be deemed to have consented to
the provisions of this article.
(Ord. No. 200341, §§ 2, 3, M- 04)
Supp. No. 9 713
§ 10-64
WINTER SPRINGS CODE
Sec. 10-64. Investigation of applicant.
Upon receipt of an application properly filed
with the city manager or his designee and upon
payment of the non-refundable application fee,
the application shall be time and date stamped
and a copy of the application_ shall_ be_ forwarded to
the police chief, the fire chief, the building official,
and the community development department. Each
recipient entity shall promptly conduct an inves-
tigation of the applicant, application and the
proposed establishment within fifteen (15) days
from the date that the application was filed. At
the conclusion of its investigation, each recipient
entity shall indicate to the city manager or his
designee its investigative findings relating to the
application and the reasons therefor.
(Ord. No. 2003-41, §§ % 3, M-04)
Sec. 10-65. Issuance or denial of license.
(a) Upon the completion of the investigation
and a review of the application as required; upon
determination that the applicant meets the re-
quirements of this article and upon payment of
the appropriate license fee by the applicant, the
city manager or his designee shall within thirty
(30) days of the application being filed issue the
license.
(b) If after review and investigation as pro-
vided herein the city manager or his designee
determines that one (1) or more of the reasons for
denial set forth in section 10-66 exist, the appli-
cation shall be denied, within thirty (30) days of
the date that the application is filed, and the city
manager or his designee shall issue a written and
dated notice of the denial and the reasons there-
for. A copy of the notice shall be sent to the
applicant by certified mail to the designated re-
turn address on the application within five (5)
days of the date of denial.
(c) The denial of an application shall be final.
No further exhaustion of administrative remedies
shall be necessary for judicial review of the ad-
ministrative action.
(d) An applicant whose application is denied
may immediately appeal as a matter of right to a
court of competent jurisdiction, which court shall
promptly review said application.
(Ord. No. 200341, §§ 2, 3, M- 04)
Supp. No. 5 714
Sec. 10466. Reasons for denial of applica-
tion of license.
The application for a license shall be denied if
one or more of the following reasons is found:
(1) The application does not comply with the
requirements of this article and statutes
expressly made applicable to adult enter-
tainment and sexually oriented busi-
nesses such as section 847.0134, Florida
Statutes.
(2) The application contains material false
information.
(3) The applicant or any of the individuals
stated in section 10-61 of this article has a
license under this article which is under
bus jieli5iuii.
(4) The applicant or any of the individuals
stated in section 10-61 of this article is or
was at the time of suspension an officer,
director or principal stockholder in an
entity who has a license under this article
which is under suspension.
(5) The applicant or any of the individuals
stated in Section 10-61 of this article had
a license under this article which had
been revoked within the preceding two (2)
years, if a first revocation; within the
preceding four (4) years if a second revo-
cation; and within a preceding six (6)
years if a third revocation.
(6) The applicant or any of the individuals
stated in section 10-61 of this article is or
was at the time of revocation an officer,
director or principal stockholder in an
entity who had a license under this article
which had been revoked within the pre-
ceding two (2) years, if a first revocation;
within the preceding four (4) years if a
second revocation; and within a preceding
six (6) years if a third revocation.
(Ord. No. 200341, §§ 2, 3, 2-MQ
Sec. 10-67. Reapplication after denial.
The applicant may not reapply for a license for
a period of nine (9) months from the date of denial
unless there has been an intervening change in
LICENSES AND BUSINESS REGULATIONS
the circumstances which may lead to a different
decision regarding the former reason(s) for denial.
(Ord. No. 200341, §§ 2, 3, 2-9-04)
Sec. 10-68. Annual license fee.
(a) There shall be collected under this article
annual license fees for the following classifica-
tions of adult entertainment establishments and
sexually oriented businesses:
(1) Adult bookstore/adult video store: Seven
hundred fifty dollars ($750.00);
(2) Adult theater: Seven hundred fifty dollars
($750.00);
(3) Adult performance establishments: Seven
hundred fifty dollars ($750.00);
(4) Adult motel: Seven hundred fifty dollars
($750.00);
(5) Commercial bodily contact establishment:
Seven hundred fifty dollars ($750.00); and
(6) Escort Service: Seven hundred fifty dol-
lars ($750.00).
(b) The annual license fees are declared regu-
latory in nature, collected for the purpose of
examination and inspection of adult entertain-
ment establishments and sexually oriented busi-
nesses under this article and the administration
thereof. This annual license fee is hereby declared
to be revenue neutral in that the city will incur a
greater annual cost to license and monitor an
adult entertainment establishments and sexually
oriented businesses compliance with this article.
These regulatory fees are in addition to, and not
in lieu of, the occupational licenses taxes imposed
by the Winter Springs City Code or state law and
other land development or regulatory fees associ-
ated with general commercial activities and loca-
tions.
(Ord. No. 200341, §§ 213, 2-9-04)
Sec. 10-69. Contents of license, term of li-
cense, renewals, expiration, lapse,
nonconforming establishments.
(a) Contents. An adult entertainment establish-
ment or sexually oriented business license shall
state on its face the name of the licensee, the
name of the establishment the street address of
the establishment,
tense, the date of
expiration.
§ 10-70
the classification of the li-
issuance, and the date of
(b) Ter nz. All licenses issued under this article
shall be annual licenses which shall commence
running on October 1, on which date they shall
have been paid for, and shall expire on September
30 of the following year. If a license is issued after
October 1, but by March 31 of the following year,
the applicant shall pay the appropriate license fee
in full. If a license is issued after March 31, but by
October 1 of the same year, the applicant shall
pay one-half the appropriate license fee.
(c) Expiration/renewal/lapse. Each license shall
expire on September 30 of each year and may be
renewed only by making an application for a
license in accordance with the provisions of this
article. Applications for renewal shall be made at
least thirty (30) days before the expiration date of
the license. The city manager or his designee
shall issue or deny the renewal application within
thirty (30) days of the application being filed.
Failure to make application at least thirty (30)
days before the expiration date will not suspend
the expiration of the current license and could
result in a final determination on the renewal
application after the commencement of the new
license year on October 1. If the application for a
renewal is denied, the applicant may immediately
appeal to a court of competent jurisdiction, which
court shall provide prompt judicial review of said
appeal.
(d) Nonconforming establishments. Unless ex-
pressly provided otherwise in this article, the
nonconforming status of any adult entertainment
and sexually oriented business shall be governed
by the nonconforming uses of land and uses of
structures provisions of the city's land develop-
ment code.
(Ord. No. 200341, §§ 2, 3, 2-9-04)
Sec. 1040. Records and reports.
Each licensee shall keep such records and
make such reports as may be required by this
article.
(Ord. No. 200341, §§ 2, 3, 2-9-04)
Supp. No. 5 715
WINTER SPRINGS CODE
Sec. 1UM Transfer of license.
It is unlawful for a licensee to transfer his, her
or its license to another person or entity or
surrender possession, control, and operation of
the licensed establishment to such other person
or entity.
(Ord. No. 200341, §§ 2, 3, 2-9-04)
Sec. 10-72. Establishment name change.
It is unlawful for a licensee to change the name
of an adult entertainment establishment or sexu-
ally oriented business unless and until the city
manager or his designee is given thirty (30) days'
notice in writing of the proposed name change
and any and all changes or alterations in the
information or disclosures required by this article
41 uMU suuuiUWLo ie cYe
(Ord. No. 200341, §§ 2, 3, 2-9-04)
Sec. 10-73. Suspension and revocation of li-
�•e� se..
(a) For purposes of this section 10-73, the term
"violation" shall mean an incident having oc-
cur ed at, or by, an adult entertainment establish-
ment or sexually oriented business which is pro-
hibited by the provisions of this article or made
unlawful by Chapters 561, 562, 563, 564, 565,
794, 796, 800, 826, 827, 847, 893 or 895, Florida
Statutes, or an analogous federal statute.
(b) Inspection of records and premises. In the
event that the city manager or his designee de-
termines that the licensee or an operator at or of
the licensee has refused to allow any inspection of
records or premises as required by this article; the
city manager or his designee may suspend the
license for a period not to exceed thirty (30) days.
(c) Suspension. The following suspension pro-
cedure shall apply when the city manager deter-
mines the violations have occurred without the
licensee's knowledge. The city manager or his
designee shall suspend a license when he or his
designee determines that any one of the following
has occurred:
designee shall, upon the date of the third
conviction, notify the licensee that the
license shall be suspended for a period of
thirty (30) days unless good cause is shown
in accordance with this article, that the
violations have not occurred. For pur-
poses of calculating this two-year period,
the two-year period shall be deemed to be
those twenty-four (24) months occurring
immediately prior to the violation occur-
rence date for which the thirty (30) day
suspension is sought.
(2) In the event one (1) or more violations
occur within a two (2) year period from
the date of the last violation occurrence
date from which the conviction resulted in
a thirty (30) c]ny suspension pursnnnt to
subsection (c)(1), but not including any
time during which the license was effec-
tively suspended, and a conviction results
from one (1) or more of the violations, the
city manager or his designee shall, upon
the date of the latest conviction, provide
notice to the licensee that the license shall
be suspended for a period of ninety (90)
days unless good cause is shown in accor-
dance with this article that the violation
has not occurred.
(3) In the event one (1) or more violations
occur within a two (2) year period from
the date of the last violation occurrence
date from which the conviction resulted in
a ninety -day suspension pursuant to sub-
section (c)(2), but not including any time
during which the license was effectively
suspended, and a conviction results from
one (1) or more of the violations, the city
manager or his designee shall, upon the
date of the latest conviction, provide no-
tice to the licensee that the license shall
be suspended for a period of one hundred
eighty (180) days unless good cause is
shown in accordance with this article that
the violation has not occurred.
(1) In the event three (3) or more violations
(d) Revocation. The following revocation proce-
occur within atwo- (2) year period, and duce shall apply when the city manager deter -
convictions result from at least three (3) mines the violations have occurred with the
of the violations, the city manager or his licensee's knowledge. The city manager or his
Supp. No. 5 716
LICENSES AND BUSINESS REGULATIONS
designee shall revoke a license when he or his
designee determines that any one of the following
has occurred:
(1) The licensee or any person on its or his
behalf or any person listed on the appli-
cation pursuant to section 10-61(b) of this
article, gave false or misleading informa-
tion in the material submitted during the
application process.
(2) The licensee or any person on its or his
behalf or any person listed on the appli-
cation pursuant to section 10-61(b) of this
article has knowingly allowed possession,
use, or sale of controlled substances on
the premises of the establishment or busi-
ness or when with a customer.
(3) The licensee or any person on its or his
behalf or any person listed on the appli-
cation pursuant to section 10-61(b) of this
article has knowingly allowed prostitu-
tion on the premises of the establishment
or business or when with a customer.
(4) The licensee or any person on its or his
behalf or any person listed on the appli-
cation pursuant to section 10-61(b) of this
article knowingly operated the adult en-
tertainment establishment or sexually ori-
ented business during a period when the
licensee's license was suspended.
(5) Except in the case of an adult motel, the
licensee or any person on its or his behalf
or any person listed on the application
pursuant to section 10-61(b) of this article
has knowingly allowed any specified sex-
ual activities to occur on the premises of
the establishment or business.
(e) Effective dates of suspensions and revoca-
tions.
(1) Except as otherwise provided in this arti-
cle, all periods of suspension and revoca-
tion shall become effective fifteen (15)
days after the city manager or his desig-
nee posts the notice of suspension or re-
vocation at the licensee's establishment,
or on the date that the licensee turns in
his, her or its license, whichever happens
first.
(2) The suspension or revocation shall be
abated in the event that the licensee files
a timely challenge to the suspension or
revocation in accordance with the proce-
dures set forth in this article or upon
order of a court of competent jurisdiction.
(3) If an adult entertainment establishment
or sexually oriented business license is
revoked for the first time, the licensee
shall not be issued another adult enter-
tainment establishment or sexually ori-
ented business license for a period of two
(2) years running from the date the revo-
cation actually takes effect after all abate-
ment periods have lapsed.
(4) If an adult entertainment establishment
or sexually oriented business license is
revoked for the second time, the licensee
shall not be issued another adult enter-
tainment establishment or sexually ori-
ented business license for a period of four
(4) years running from the date the revo-
cation actually takes effect after all abate-
ment periods have lapsed.
(5) If an adult entertainment establishment
or sexually oriented business license is
revoked for the third time, the licensee
shall not be issued another adult enter-
tainment establishment or sexually ori-
ented business license for a period of six
(6) years running fi om the date the revo-
cation actually takes effect after all abate-
ment periods have lapsed.
(f) Other• remedies. Notwithstanding the provi-
sions of this section, the city may pursue any and
all other available remedies through any and all
other available processes and procedures avail-
able to correct violations of city codes. Included
within such remedies are the enforcement actions
set forth in this article, actions in a court of
competent jurisdiction for injunctive or other ap-
propriate relief, criminal prosecution, code enforce-
ment proceedings, the issuance of citations, the
suspension or revocation of permits relating to
health or safety matters, and any and all other
remedies available under the laws of the State of
Florida and the United States.
(Ord. No. 200341, §§ 2, 3, M- 04)
Supp. No. 5 'j17
§ 10-74
WINTER SPRINGS CODE
Sec. 10-74. Suspension and revocation pro-
ceedings.
(a) Challenge to suspension or revocation. If
the city manager or his designee notifies a lic-
ensee in writing of the pending suspension or
revocation of a license as provided in section
10-73 of this article, then the suspension or revo-
cation shall become final and effective fifteen (15)
days after mailing to the licensee's record ad-
dress, posting at the licensed establishment, or
actual delivery of the notice to the licensee, unless
the licensee first files with the city manager or his
designee a written response stating the reasons
by the suspension or revocation is alleged to be
in error or inappropriate and a written notice of
intent to challenge the suspension or revocation
requesting a hearing to determine whether the
suspension or revocation will become effective.
The suspension or revocation shall be abated in
the event that a licensee files a timely challenge
to the suspension or revocation in accordance
with the procedures of this article or upon ar-i
order of a court of competent jurisdiction. A sus-
pension or revocation already in effect, but not
previously challenged in a suspension or revoca-
tion hearing, may be challenged in the same
manner but is not abated during the proceedings.
(b) Hearing on suspension or revocation. When
a licensee files a written response and notice of
intent to challenge a pending or existing suspen-
sion or revocation then a public hearing to deter-
mine if the pending suspension or revocation will
become effective and final shall be held by the
hearing officer appointed by the city commission.
The city manager or his designee shall notify the
city attorney and any appropriate city offices who
shall schedule and provide notice of the hearing
date and time.
(1) Appointment, term and compensation of
hearing officer:
a. Three (3) hearing officers shall be
appointed by the city commission,
and they shall be attorneys duly
licensed to practice law in the State
of Florida, who have practiced in the
state for at least five (5) years.
b. Hearing officers shall be subject to
removal with or without cause, by
Supp. No. 5 718
the city commission. Hearing omc-
ers shall not be considered to be city
employees, although they may re-
ceive compensation for their services
anI also may be reimbursed for such
travel, mileage and per diem ex-
penses as may be authorized.
c. Because only attorneys may hold the
position of hearing officer, the city
commission shall not be required to
retain an attorney to represent the
hearing officer.
d. It shall be unlawful for a hearing
officer to act as an agent or an attor-
ney for a party involved in a deter-
mination under the provisions of this
SCIa.lUll Or LU UC UU11C1 VV1bC 111VU1V CU
with any matter arising under this
section which will come before the
city during the term of the hearing
officer'G anpointment. Further, a hear-
ing officer shall not initiate or con-
sider ex parte communications or
other communications with any party
of interest to a hearing officer con-
cerning the substance of any proceed-
ing to be heard by a hearing officer.
However, the foregoing does not pro-
hibit discussions between the hear-
ing officer and city staff that pertain
solely to scheduling and other admin-
istrative matters unrelated to the
merits of the application.
If a person engages in an ex parte
communication with the hearing of-
ficer, the hearing officer shall place
on the record of the pending case all
ex parte written communications re-
ceived, all written responses to such
communications, a memorandum
stating the substance of all oral com-
munications received, and all oral
responses made, and shall advise all
parties that such matters have been
placed on the record. Any party de-
ng to rebut the ex parte commu-
nication shall be entitled to do so but
only if such party requests the op-
portunity for rebuttal within ten (10)
LICENSES AND BUSINESS REGULATIONS § 10-74
days after notice of such communi- (4) The participants before the hearing of -
cation. If he or she deems it neces- facer shall be the licensee, any witnesses
sary due to the effect of an ex parte of the licensee, the city manager or his
communication received by him, the designee and any witnesses of the city
hearing officer may withdraw from manager or his designee. All witnesses
the case and the city commission shall provide their legal name, mailing
shall appoint another hearing officer addresses and telephone number.
to handle the case.
e. Selection of hearing officer. If the (5) The procedures used shall be those typi-
city manager and licensee cannot cally used in a civil case with the city
agree on the use of one (1) of the manager or his designee having the bur-
den of proof by preponderance of the evi-
three (3) hearing officers, the city dence.
manager and licensee shall each have
the right to eliminate one (1) of the (6) Testimony and evidence may be submit -
three (3) hearing officers selected by ted by any witness but shall be limited to
the city commission. The one (1) hear- matters directly relating to the grounds
ing officer not eliminated by either for suspension or revocation. Irrelevant,
party shall then act as the hearing immaterial, or unduly repetitious testi-
officer for the license revocation hear- mony or evidence shall be excluded.
ing. In the event licensee objects to
all three (3) hearing officers, then (7) All testimony shall be under oath. The
the city commission shall choose the hearing officer shall decide all questions
hearing officer from the list of three of procedure and standing. All hearings
(3) hearing officers absent a showing shall be open to the public. Minutes shall
of clear prejudice by the licensee. be kept at all hearings. Unless otherwise
(2) The hearing officer shall have the power mutually agreed to between the licensee
and the city manager or his designee, the
to: order of presentation of testimony and
a. Adopt rules for the conduct of the evidence shall be as follows:
hearing;
a. The city manager or his designee
b. Subpoena licensees and witnesses to and any witnesses of the city man -
its hearings. Subpoenas may be ager or his designee,
served by the Winter Springs Police
Department and/or other law enforce- b. The licensee and any witnesses of
ment agencies with jurisdiction to the licensee.
serve subpoenas; c. Rebuttal witnesses from the city man-
s. Subpoena evidence to its hearings; ager or his designee.
d. Administer oaths and take testi- d. Rebuttal witnesses from the lic-
mony under oath; and ensee.
e. Issue an order having the force of e. Summation by the city manager or
law suspending or revoking the li- his designee,
cense.
f. Summation by the licensee.
(3) The suspension or revocation hearing shall
be held within thirty (30) days of the city (8) The hearing officer may also call and
manager's receipt of a written challenge question witnesses or request additional
and request for a hearing by the ag- evidence as the hearing officer deems nec-
grieved licensee. essary and appropriate.
Supp. No. 5 719
§ 10-74
WINTER SPRINGS CODE
(9) The city shall provide a hearing room and
clerical staff as may be reasonably re-
quired by the hearing officer to conduct
hearings and perform his or her duties.
(10) Each party to the hearing shall have the
right to call and examine witnesses, intro-
duce exhibits, cross-examine opposing wit-
nesses, impeach witnesses and rebut evi-
dence.
(11) The licensee has the right, at his or her
own expense, to be represented by an
attorney at any hearing.
(12) All testimony before the hearing officer
shall be under oath and shall be recorded.
The licensee or the city may cause a
verbatim record of the proceedings to be
made.
(13) If the hearing officer comes to believe that
any facts, claims, or allegations necessi-
tate additional review or response by ei-
ther the licensee or the city manager or
his designee, then the hearing officer may
order the hearing continued until an an-
nounced date certain, not to exceed thirty
(30) days from the date of continuance.
The hearing officer shall render a final
decision on the appeal within sixty (60)
days of the city manager's receipt of
licensee's written notice of challenge.
(c) Filing of decision. The original of the writ-
ten decision of the hearing officer shall be filed
with the city clerk and copies shall be delivered or
mailed to the licensee, the city manager or his
designee and the city police department.
(d) Judicial review. Any person who partici-
patedsuspension or revocation hearing be-
fore the hearing officer and who is aggrieved by
the decision of the hearing officer may immedi-
ately challenge the decision in any court of com-
petent jurisdiction pursuant to the rules of proce-
dure of that court. The record of the hearing shall
consist of the complete record of the proceedings
before the hearing officer. The hearing officer's
decision shall be promptly reviewed by the court.
(e) Requirement of exhaustion procedures. Ju-
dicial review of a suspension or revocation, or
related hearing or appeal proceedings, shall be
Supp. No. 5 720
available only after the administrative proce-
dures and remedies set forth in this section have
been exhausted.
(f) Notice of final suspension w• revocation. If
no response or request for a suspension or revo-
cation hearing is filed within fifteen (15) days of
the notice of a pending suspension or revocation,
or if the licensee who requested the hearing does
not appear at the suspension or revocation hear-
ing after notice, or if the hearing officer decides
after a hearing that a pending suspension or
revocation will become final, then the city man-
ager or his designee shall issue to the licensee
notice of final suspension or revocation of the
adult entertainment license and mail or arrange
delivery of the notice to the licensee's record
address.
(g) Effective date of suspe�zsiorz or• revocation.
The suspension or revocation of a license shall
take effect the day after delivery of a notice of
al (UbpuiWioti ui tevacation to the licensee in
person, by posting on the licensed establishment,
or by mail to the licensee's record address, or on
the date the licensee surrenders the license, which-
ever happens first. The licensee shall immedi-
ately return and surrender a revoked license to
the city manager or his designee or surrender the
revoked license, upon demand, to a member of the
police department.
(Ord. No. 200341, §§ 2, 3, M- 04)
Sec. 10-75. Worker records.
(a) Each adult entertainment establishment
and sexually oriented business, regardless of
whether it is licensed under this article, shall
create, establish and maintain a record of all
workers of the establishment or business. The
record shall contain the worker's full legal name
and any aliases and all past or current aliases of
the worker; his or her date of birth; his or her
residential address; his or her residential or cel-
lular telephone number (if any) and all pager
numbers and other similar numbers used; his or
her driver's license number and a photocopy of
the license; his or her state or federally issued
identification card number including the worker's
social security account number; the employment
status of the worker including, but not limited to,
LICENSES AND BUSINESS REGULATIONS
whether the worker is a salaried employee, an
independent contractor, a lessee, a sub -lessee, a
subcontractor allowed to work at the establish-
ment, or such other arrangement as may be in
place; whether income taxes are withheld for the
worker; and a recent passport type photograph of
the worker as of the date of association with the
establishment which accurately reflects the date
on which the photograph was taken. Said records
shall be maintained for a period of no less than
two (2) years from the date the worker is sepa-
rated from employment.
(b) The original records required by subsection
(a) or true and exact photocopies thereof, shall be
kept at the adult entertainment establishment or
sexually oriented business at all times including
clear photographs.
(c) All operators of an adult entertainment
establishment or sexually oriented business shall
be responsible for knowing the location of the
original records, or the true and exact photocopies
thereof.
(d) All operators of an adult entertainment
establishment or sexually oriented business shall,
upon request by a law enforcement officer or the
city manager or his designee, make available for
immediate inspection the original records, or the
true and exact photocopies thereof at any time
when the establishment or business is open for
business.
(Ord. No. 200341, §§ % 3, M- 04)
Sec. 10276. General requirements for all
adult entertainment establish-
ments and sexually oriented busi-
nesses.
(a) Each adult entertainment establishment
and sexually oriented business, regardless of
whether it is licensed under this article, shall
observe the following general requirements:
(1) Conform to, comply with and abide by all
applicable safety, employer related, build-
ing, fire, health, zoning or land use stat-
utes, codes, ordinances, rules and regula-
tions, whether federal, state or local.
(2) Keep the adult entertainment establish-
ment or sexually oriented business li-
§ 10-70
tense posted and prominently displayed
in a conspicuous place at the establish-
ment or business at all times, which li-
cense shall be available for inspection
upon request at all times by the public,
any law enforcement officer and the city
manager, or his or her designee, when the
establishment or business is open for busi-
ness.
(3) Opaquely cover each non -opaque area
where a person outside the adult enter-
tainment establishment or sexually ori-
ented business may otherwise see inside
the establishment or business.
(4) Provide to any law enforcement officer
and the city manager or his designee,
during all hours of operation or when an
operator is present at the establishment,
access through the main entrance and
into all areas of the establishment where
customers are permitted without the ne-
cessity of using a key, computer entry,
password or seeking clearance from a
worker or customer to obtain entry through
an electronically operated door or entryway.
(5) Install, construct, keep, maintain or allow
only those signs at the establishment or
building exterior which comply with the
provisions relating to signage in the Land
Development Regulations of the City of
Winter Springs.
(6) Not allow any person under eighteen (18)
years of age to be present when services
are provided to or performed for a cus-
tomer or when the establishment or busi-
ness is open for business.
(7) Not employ or provide goods or services to
any person under eighteen (18) years of
age.
(8) Not provide, offer or engage in any ser-
vices to any person when not licensed to
do so under this article.
(9) Not operate when a license issued pursu-
ant to this article has been suspended,
revoked or canceled or when the license is
expired.
Supp. No. 9 721
§ 10-76 WINTER SPRINGS CODE
(10) Not permit any animal except seeing eye (17) Not alter or otherwise change the con -
dogs accompany a worker or customer tents of an adult entertainment establish -
when services are provided or performed. ment or sexually oriented business li-
(11) Not place, operate or contain video cam-
eras, transmitting or taping equipment
anywhere on the premises except where
customers are advised in advance by posted
notice.
(12) Not advertise the presentation of any ac-
tivity prohibited by any law, rule or regu-
lation whether federal, state or local.
(13) Ensure that the view areas specified in
this article remains unobstructed by any
doors, walls, merchandise, display racks
or other materials at all times thaf anv
customer is present in the premises so as
to ensure that no customer is permitted
access to any area of the premises which
has been designated as an area in which
non -workers will not be permitted.
(14) Ensure that at least one (1) operator is on
duty and present at the establishment or
business when the establishment or busi-
ness is open for business who is responsi-
ble and knows the whereabouts of all
records required by this article. Said
operator's name shall be conspicuously
posted on the premises at all times the
business or establishment is open for busi-
ness.
(15) Ensure that at least one (1) operator is
situated in each manager's station, when
required by this article, at all times that
any customer is present inside the pre-
mises.
(16) Ensure that the premises are equipped
with overhead lighting fixtures of suffi-
cient intensity to illuminate every place
to which customers are permitted access
at an illumination of not less than fifteen
(15) to twenty (20) average maintained
foot candles as measured thirty-five (35)
inches above the floor level. The light
shall be maintained at all times any cus-
tomer is present in the premises.
tense.
(18) Ensure that each exterior entrance and
exit door for use by customers and interior
doors which permit entrance to the inte-
rior and exit to the interior from any
interior foyer area shall remain unlocked
when any person who is not a worker is
inside the establishment.
(19) Establish, create and maintain worker
records as required by this article.
(Ord. No. 200341, §§ 2, 3, 2-MQ
Sec. 10-77. Sexually oriented businesses.
In addition to the general requirements for
adult entertainment establishments and sexually
oriented businesses contained in this article, a
sexually oriented business shall, regardless of
whether it is licensed thereunder, comply with
the following general requirements:
(1) Post in an open and conspicuous place a
list of services provided by the sexually
oriented business which services shall be
described clearly in the English language
along with a specification as to the cost of
each service.
(2) Provide each customer, in advance of any
service being provided, with a written
customer contract, written clearly in the
English language, setting forth the ser-
vice or services to be rendered, the cost of
such service or services, the actual full
name of the worker providing the service
and actual full name, address and date of
birth of the customer as reflected on a
state or federally issued identification card
or drivers license and the customer's tele-
phone number.
(3) Create, establish and maintain a daily
register in a format provided by the city
manager, or his or her designee, contain-
ing the actual full names and addresses of
all customers as reflected on a state or
federally issued identification card or driv-
ers license, the services performed, the
Supp. No. 5 722
LICENSES AND BUSINESS REGULATIONS § 10-10
time expended, the mode of payment and above the floor level and shall main -
the full name of the worker providing the tain the light at all times so that any
service, customer present in the hall or au-
(4) Not allow any worker of the sexually ditorium may be seen.
oriented business to accept any tip or (2) If the adult theater contains adult booths,
gratuity, directly or indirectly, from a cus- each adult booth shall comply with each
tomer in addition to the service fee spec- of the following provisions:
ified in the customer contract. a. Have a sign posted in a conspicuous
(5) Maintain all customer contracts and daily place at or near the entrance which
registers for a period of two (2) years states the maximum number of per -
following the customers date of service, sons who may occupy the booth, which
(Ord. No. 200341, §§ % 3, 2-9-04) number shall correlate with the num-
ber of seats in the booth;
Sec. 10=78. Adult theater provisions. b. Have a permanently open entrance
In addition to the general requirements relat- not less than three (3) feet wide and
ing to adult entertainment establishments and not less than six (6) feet high, not
sexually oriented businesses contained in this capable of being closed or partially
article, an adult theater, regardless of whether it closed by any curtain, door, or other
is licensed under this article, shall: partition which would be capable of
wholly or partially obscuring any
(1) If the adult theater contains an audito- person situated in the booth; pro-
rium or hall, comply with each of the vided, however, that the require -
following provisions: ments of all building and related
a. Have individual and separate seats codes shall also be complied with;
(not couches, benches, or other seat- c. Have individual, separate seats
ing configurations allowing or pro- (which are not couches, benches, or
viding for the seating of multiple other seating configurations allow -
persons on the same item of furni- ing or providing for the seating of
ture) to accommodate the maximum multiple persons on the same item of
number of persons who may occupy furniture) which correlate with the
the area; maximum number of persons who
b. Have a continuous main aisle along- may occupy the booth;
side of the seating areas in order d. Have a continuous main aisle along -
that each person seated in the areas side the booth in order that each
shall be visible from the aisle at all person situated in the booth shall be
times, visible from the aisle at all times;
c. Have a sign posted in a conspicuous e. Have an illuminated and continuous
place at or near each entrance to the main aisle in which workers and
auditorium or hall which lists the customers can be seen from one end
maximum number of persons who to the other; and
may occupy the auditorium or hall f. Have, except for the entrance, walls
area, which number shall not exceed or partitions of solid construction
the number of seats within the hall without any holes or openings in
or auditorium area; and
such walls or partitions.
d. Be illuminated at an illumination of
not less than fifteen (15) to twenty (3) Have one (1) or more manager's stations.
(20) foot candles average maintained (4) Configure the interior of the premises in
as measured at thirty-five (35) inches such a manner that there is an unob-
Supp. No. 5 723
§ 10-to WINTER SPRINGS CODE
structed view from a manager's station of (11) Maintain areas accessible to customers in
every area of the premises to which any a clean and sanitary condition.
customer is permitted access for any pur- (12) Keep all furniture upholstery material
pose excluding restrooms. fi ee from holes and rips.
(5) If the premises has two (2) or more (13) Utilize an appropriate and effective adap-
manager's stations designated, configure tation of the U.S. Center for Disease
the interior of the premises in such a Control's universal precautions for the
manner that there is an unobstructed storage and transmission of the HIV virus
view of each area of the premises to which and other diseases when cleaning or san-
any customer is permitted access for any itizing the establishment.
purposes from at least one (1) of the (Ord. No. 2003-41, §§ 2, 3, 2-9-04)
manager's stations. The view required in Sec. 10=79. Adult performance establishment
this subsection shall be by direct line of provisions.
sight from the manager's station. (a) In addition to the general requirements for
(6) If the adult theater is designed to permit adult entertainment establishments and sexually
outdoor viewing by persons seated in au- oriented businesses contained in this article, an
cauui� P.of 1 1" 1�8 c5 �nuii�liillCtlb Sll�ll, i'Bgarui
tomobiles, cause the motion picture screen less of whether it is licensed under this article,
so situated, or the perimeter of the estab- have a stage provided for the expressive display
lishment so fenced, such that the material to be seen by those persons may not be or exposure of any worker's specified anatomical
sti
Feu iron aiLy public eight of way, prop -
platform (or other sim'lar� permanent st ucture)
erty assigned a residential zoning classi- raised a minimum of eighteen (18) inches above
fication or assigned a residential land use the surrounding floor and encompassing an area
designation, any religious institution or of at least one hundred (100) square feet. The
church, any educational institution or stage shall be located at least three (3) feet from
school, or from a park. the nearest table, chair, area or other accommo-
(7) Cover the floors of areas accessible to dation where customers are seated or otherwise
customers with smooth and non-perme- located; provided, however, that a table at which
able flooring material which can with- any customer is seated or served shall not be used
stand frequent effective cleaning with in- as a stage.
dustrial strength cleaning agents. (b) Notwithstanding the stage requirement in
Carpeting of any type is prohibited. subsection (a), an adult performance establish-
ment may also have smaller stages for the expres-
(8) Use smooth and non -permeable uphol- sive display or exposure of a worker's specified
stery material, which can withstand fre- anatomical areas to a customer consisting of
quent cleaning with industrial strength permanent or removable platforms raised a min -
cleaning agents, to cover furniture permit- imum of eighteen (18) inches above the surround-
ted by this article for the use of custom- ing floor fiom where customers are seated or
ers. located; provided, however, that a table at which
any customer is seated or served shall not be used
(9) Have, in areas accessible to customers, as a stage.
interior wall surfaces which can with-
stand frequent cleaning with industrial (c) In addition to the general requirements for
strength cleaning agents. adult entertainment establishments and sexually
oriented businesses contained in this article, an
(10) Use only those shades and blinds which adult performance establishment shall, regard -
can withstand frequent cleaning with in- less of whether it is licensed under this article:
dustrial strength cleaning agents. (Drap- (1) Prohibit persons engaged in displaying or
eries are prohibited), exposing specified anatomical areas from
Supp. No. 5 724
LICENSES AND BUSINESS REGULATIONS
dancing or simulating sexual activity with
any patron, spectator, employee, or other
person on the premises of an adult perfor-
mance establishment; and
(2) Not suffer or permit any person maintain-
ing, owning or operating an adult perfor-
mance establishment to construct, main-
tain, or use areas partitioned or screened
from public view that are designed to be
occupied or are commonly occupied alone
or together by any person or persons on
the premises of such establishment for
private performances involving the dis-
play or exhibition of specified anatomical
areas; and
(3) Not permit any person or customer on the
premises of an adult performance estab-
lishment to use or to be present in areas
partitioned or screened from public view
that are designed to be occupied together
or along by any person or persons on the
premises of such establishment for the
display or exhibition of specified anatom-
ical areas; and
(4) Post a sign which is clearly legible and
located in a conspicuous place setting
forth that straddle dancing is strictly pro-
hibited; and
(5) Not place or permit the placement of a bed
or mattress in the establishment.
(Ord. No. 200341, §§ % 3, 2-9-04)
Sec. 10-80. Commercial bodily contact estab-
lishments provisions.
In addition to all general requirements of this
article pertaining to adult entertainment estab-
lishments and sexually oriented businesses con-
tained in this article, a commercial bodily contact
establishment, regardless of whether it is li-
censed under this article, shall:
(1) Operate only from a fixed physical loca-
tion which is set forth on its sexually
oriented business license and all required
occupational licenses.
(3) Provide clean linen and towels for each
customer when towels and linens are used
during the course of providing services to
a customer; provided, however, that heavy
white paper may be substituted for sheets
if such paper is used for only one (1)
customer and then discarded into a sani-
tary receptacle.
(4) Store clean linen, towels and other mate-
rials used in connection with providing
commercial bodily contact in closed cabi-
nets.
(5) Disinfect and sterilize non -disposable in-
struments after each use on a customer.
(6) Cause all workers to conceal their speci-
fied anatomical areas with an opaque
covering at all times when on the pre-
mises of the business by wearing an opaque
surgical type gown.
(7) Not encourage, allow or permit any cus-
tomer to consume food or beverages in the
business.
(8) Provide commercial bodily contact in an
area wherein such area is visible at all
times from common areas in the establish-
ment. No contact may occur in a separate
or individual cubicle, room, booth or area
which is not visible from common areas of
the establishment and a receptionist area;
provided, however, that if male and fe-
male customers are provided services at
the same time, separate work areas shall
be established for each gender.
(9) Not advertise, display, publish, exhibit,
place, distribute or promote on any adver-
tising matter or signage services that are
not posted or a suggestion that services
not posted will be provided.
(10) Not advertise, display, publish, exhibit,
pIace, distribute or promote on any adver-
tising matter or signage any suggestion
that workers will be dressed in any man-
ner other than as required in this article.
(2) Not advertise, offer or provide any other (11) Not begin a meeting or service with a
service other thanservices which are customer between 10:00 p.m. of any day of
posted, the week and 9:00 a.m. the following day.
Supp. No. 5 725
§ lu-ou WINTER SPRINGS CODE
(12) Not provide services at any place other refer, send, or dispatch escorts to any
than a physical location licensed to pro- location within the jurisdictional limits of
vide commercial bodily contact under the the City of Winter Springs,
provisions of this article.
(13) Not place or permit the placement of any
tact.
(Ord. No. 2003-41, §§ 2, 3, 2-9-04)
Sec. 10-81. Escort service.
In addition to all general provisions pertaining
to nrli It pntartaimment es'All shmonts and sovlj_
ally oriented businesses contained in this article,
an escort service, regardless of whether licensed
under this article, shall:
(J.) Not^dvcrti^v, offor or perforni any otho_•
service than services which are posted.
(2) Cause all workers and escorts to conceal
their specified anatomical areas with an
opaque covering at all times when on the
premises of the escort service.
(3) Not advertise, display, publish, exhibit,
place, distribute or promote on any adver-
tising matter or signage services that are
not posted or a suggestion that services
not posted will be provided.
(4) Not begin a meeting or service with a
customer between 10:00 p.m. of any day of
the week and 9:00 a.m, the following day.
(5) If offering or providing escorts or escort
service within the City of Winter Springs,
each escort service shall notify the city
manager or his designee of an authorized
physical location, which may or may not
be within the city, from where the escort
service operates and dispatches escorts.
(6) Include in all advertising or promotional
literature posted, placed, published, or
distributed within the City of Winter
Springs the number of a valid sexually
oriented business license issued by the
city unless the escort service does not
(7)
Each
escort service.
(8) If a meeting with or the service of a
customer occurs at a location not open to
the public, then the escort shall check in
with the on duty manager of the premises
in person where the meeting or service
occurs or begins prior to meeting or ser-
vicing a customer and advise the manager
of the following; names of the escort(s),
the escort service and customer(s); the
escort's time of arrival and estimated time
of departure; and a copy of the escort
service's sexually oriented business li-
cense and the escort's own occupational
license, if applicable, and the location of
the meeting within the structure.
(Ord. No. 200341, §§ 2, 3, 2-9-04)
Supp. Mn 5 726
LICENSES AND BUSINESS REGULATIONS
Sec. 10-82. Engaging in prohibited activity —
Customers.
(a) It is unlawful for any customer in or for an
adult entertainment establishment or sexually
oriented business regardless of whether licensed
pursuant to this article to do any of the following
acts:
(1) To engage or participate in a straddle
dance at the establishment or business.
(2) To offer, contract or otherwise agree to
engage or participate in a straddle dance
with a person at the establishment or
business.
(3) To engage or participate in any specified
sexual activity at the establishment or
business or while in the presence of a
worker.
(4) To display or expose while in the presence
of a worker or when at the establishment
or business any specified anatomical area.
(5) To offer or deliver a tip or gratuity to any
worker of an establishment or business
before, during or after the provision of
services except at an adult performance
establishment.
(6) If a worker is a female, to intentionally
touch, fondle or manipulate her on her
clothed or unclothed breast(s), either di-
rectly or through a medium.
(7) To intentionally touch, fondle, massage,
or manipulate any specified anatomical
area of a worker, a customer, or himself or
herself, whether clothed or unclothed, on
the premises of the establishment or busi-
ness.
(8) To intentionally touch, fondle, massage or
manipulate a worker on any specified
anatomical area when at or receiving ser-
vices from the adult entertainment estab-
lishment or sexually oriented business.
(9) To intentionally touch, fondle, massage or
manipulate the clothed or unclothed
breasts) of a female worker, or to touch
the clothed or unclothed body of a worker
at any point below the waist and above
§ 10-83
the knee of the worker when at an adult
entertainment establishment or sexually
oriented business.
(10) To occupy an adult booth in which booth
there are more people than that specified
on the posted sign required by this article.
(11) To otherwise violate or aid or abet a
violation of this article.
(12) To encourage or solicit any worker to
engage in any specified sexual activity.
(b) It is unlawful for any customer at or of a
sexually oriented business to do any of the follow-
ing acts regardless of whether the establishment
is licensed pursuant to this article:
(1) To intentionally touch, massage or manip-
ulate, directly or indirectly or through a
medium while on the premises of the
establishment or when with a worker, the
customer's specified anatomical areas.
(2) To solicit any worker to provide a service
not posted.
(3) To solicit or receive any service not indi-
cated and contracted for in the written
customer contract.
(4) To provide to the worker providing the
service either directly, indirectly or through
a medium, any tip, gratuity or other con-
sideration beyond the fee specified in the
customer contract.
(5) To expose any specified anatomical area
to the view of a worker.
(Ord. No. 2003-41, §§ 2, 31 M- 04)
Sec. 10-83. Engaging in prohibited activity—
Workers/operators.
(a) It is unlawful for any worker of an adult
entertainment establishment or sexually oriented
business, regardless of whether licensed under
this article, to do any of the following acts or for
an operator of an adult entertainment establish-
ment or sexually oriented business, regardless of
Supp. No. 9 ']27
WINTER SPRINGS CODE
whether licensed hereunder, to knowingly permit,
suffer, aid, allow or encourage any worker to do
any of the following acts:
(1) To engage or participate in a straddle
dance with a customer at the establish-
ment or business.
(2) To offer, contract or otherwise agree with
a customer to engage or participate in a
straddle dance with a person at the estab-
lishment or business.
(3) To engage or participate in any specified
sexual activity or activities at the estab-
lishment or business with a customer,
him or her self or a worker.
(4) To display or expose at the establishment
or business specified anatomical areas
except in accordance with the provisions
of this article and other applicable law.
(5) To reri»est er accept a tin rn• g'ratty from.
a customer except at an adult perfor-
mance establishment.
(6) To work in an adult entertainment estab-
lishment or sexually oriented business
that he or she knows or should know is
not licensed under this article, or which
has a license which is under suspension,
has been revoked or canceled, or has ex-
pired, regardless of whether he, she or it
has applied for and obtained a license
under this article.
(7) To display or expose specified anatomical
areas while engaging in personal adver-
tising, pandering, or solicitation, whether
passive or otherwise, on behalf of the
worker, any other worker, or the establish-
ment or business while situated outside
any structure at the establishment or
business, or at a place at the establish-
ment or business where the worker is
visible from any public right-of-way or
sidewalk. "Personal advertising" means
encouraging or enticing, by whatever di-
rect or indirect means, potential custom-
ers outside the doors of the establishment
or business to enter the establishment or
business.
(8) To suffer, permit, or allow any door of the
business or establishment that is visible
fi om a public right-of-way or sidewalk to
be opened or remain opened except when
a person is entering or exiting the estab-
lishment or business.
(9) To allow or encourage a customer to in-
tentionally touch or fondle, either directly
or through a medium, any specified ana-
tomical area of the customer, a worker or
another customer.
(10) If the worker is a female, to allow herself
to be intentionally touched on her clothed
or unclothed breast(s) by a customer.
(11) To allow or encourage a customer to in-
tentionally touch any portion of a worker's
body below the waist and above the knee.
(12) To display or expose any specified anatom-
ical area unless such worker is in an area
described in subsections 10-79(a) or 10-
79(b) of this article, and the stage on
which the worker is located is not located
between the legs of a customer.
(13) To provide or engage in any private per-
formance described in subsection 10-79(0
of this article.
(14) To remain in the presence of a customer
who is exposing specified anatomical ar-
eas at the establishment or in the pres-
ence of a worker or another customer.
(15) To violate or aid or abet in a violation of
the provisions of this article.
(16) To encourage or knowingly permit any
customer to intentionally touch, fondle,
massage or manipulate, either directly or
indirectly through a medium, any of the
customer's specified anatomical areas on
the premises of the establishment or when
in the presence of another customer or
worker.
(17) To encourage or solicit any customer to
engage in any specified sexual activity.
(18) To intentionally touch, fondle, massage or
manipulate any customer on the customer's
clothed or unclothed body between the
waist and above the knee.
Supp. No. 5 '728
LICENSES AND BUSINESS REGULATIONS
(b) It is unlawful for any worker of a sexually
oriented business, regardless of whether it is
licensed under this article, to do any of the
following acts, or for an operator of a sexually
oriented business, regardless of whether it is
licensed under this article, to knowingly or with
reason to know permit suffer or allow any worker
to commit any of the following acts:
(1) To accept a tip or gratuity from or on
behalf of a customer in addition to the
service fee stated in the written customer
contract.
(2) To begin a meeting or service, continue a
meeting or service, solicit a meeting or
service or make or solicit a sale between
the hours of 10:00 p.m* of any particular
day and 9:00 a.m. the following day.
(3) Provide commercial bodily contact except
at the physical structure of the establish-
ment which has a commercial bodily con-
tact establishment license.
(4) To provide any service not posted as re-
quired by this article.
(5) To provide any service without first exe-
cuting acustomer contract.
(c) It is unlawful for any worker of an adult
entertainment establishment or sexually oriented
business, regardless of whether licensed pursuant
to this article, to knowingly permit, suffer, aid,
aHow or encourage any customer to do any of the
following acts:
(1) To intentionally touch, fondle, massage or
manipulate, either directly or indirectly
through a medium, any of the customer's
specified anatomical areas when at the
establishment or business or while in the
presence of a worker or another customer.
(2) To intentionally touch, fondle, massage or
manipulate, either directly or indirectly
through a medium, any specified anatom-
ical area of another customer or a worker
when at the establishment or business or
while in the presence of a worker or
customer.
(3) To engage in any specified sexual activi-
ties at the establishment or business with
a worker, customer, him or her self or with
another customer.
(4) To expose the customer's specified anatom-
ical areas at the establishment or busi-
ness or when receiving services or when
in the presence of a worker or another
customer.
(5) To engage or participate in a straddle
dance.
(6) To intentionally touch, fondle, massage or
manipulate a worker at any point below
the waist and above the knee.
(7) To intentionally touch a female worker on
the clothed or unclothed breast.
(Ord. No. 200341, §§ % 3, 2-9-04)
Sec. 10-84. Operation without license.
It is unlawful for any person to be an operator
of or at or to be a worker for an adult entertain-
ment establishment or sexually oriented business
where the person knows or should know:
(1) That the establishment or business does
not have an adult entertainment estab-
lishment or sexually oriented business
license for the applicable classification.
(2) That the establishment or business has a
license which is under suspension.
(3) That the establishment or business has a
license which has been revoked, canceled
or has expired.
(Ord. No. 200341, §§ 2, 3, 2-9-04)
Sec. 10-85. Operation contrary to opera-
tional requirements.
(a) It is unlawful for any person to be an
operator of an adult entertainment establishment
or sexually oriented business which does not
satisfy all of the requirements of section 10-76 of
this article, regardless of whether the establish-
ment is licensed thereunder.
Supp. No. 5 72 J
WINTER SPRINGS CODE
(b) It is unlawful for any person to be an
operator of a sexually oriented business which
does not satisfy all of the requirements of section
10-77 of this article regardless of whether the
establishment is licensed thereunder.
(c) It is unlawful for any person to be an
operator of an adult performance establishment
which does not satisfy all of the special require-
ments of section 10-79 of this article regardless of
whether licensed thereunder.
(d) It is unlawful for any person to be an
operator of an adult theater which does not sat-
isfy all of the special requirements of section
1048 of this article regardless of whether the
establishment is licensed thereunder.
(e) It is unlawful for any person to be an
operator of an escort service which does not
satisfy all of the special requirements of section
10-81 of this article regardless of whether li-
Ce1WOd ilierealidei".
(f) It is unlawful for any person to be an
operator of a commercial bodily contact establish-
ment which does not satisfy all of the special
requirements of section 10-80 of this article re-
gardless of whether the establishment is licensed
thereunder.
(Ord. No. 200341, §§ 2, 3, 2-9-04)
Sec. 10-86. Use of restrooms or dressing
rooms.
(a) Notwithstanding any provision in this ar-
ticle indicating to the contrary, it is not unlawful
for any worker of an adult entertainment estab-
lishment or sexually oriented business, regard-
less of whether it is licensed under this article, to
expose any specified anatomical area during the
worker's bona fide use of a dressing room or bath
room which is occupied at the time only by work-
ers of the same sex.
(b) Notwithstanding any provision in this ar-
ticle indicating to the contrary, it shall not be
unlawful for any customer of an adult entertain-
ment establishment or sexually oriented busi-
ness, regardless of whether it is licensed under
this article, to expose any specified anatomical
area during the customer's bona fide use of a bath
room which is occupied at the time only by cus-
tomers of the same sex.
(c) It is unlawful to be an operator of an adult
performance establishment which has a dressing
room for use by its workers, that is accessible to
customers.
(d) It is unlawful to be an operator of a sexu-
ally oriented business which has a dressing room
for use by its customers that is accessible to
workers.
(e) Notwithstanding any provision of this arti-
cle to the contrary, a worker engaged in the work
of a rest room attendant or valet may occupy a
rest room which is also occupied by customers
nrovirlerl that tba vnlat nr nttanrinnf rinns nnff,
expose any specified anatomical area to the view
of a customer and is of the same sex of the
customer occupying the rest room.
(ii
NTotvuitl7ctaildiiig airy �i'ov.iC,. ioli vi i,111 i-
cle to the contrary, it is not unlawful for a worker
or customer to touch their own specified anatom-
ical areas during their bona fide use of a rest
ro)m, dressing room or bath room when such
touching is necessary and inherent to the activity
of changing clothes or excretory functions.
(Ord. No. 200341, §§ 2, 3, 2-9-04)
Sec. 10-87. Minors —Unlawful provisions.
It is unlawful for an operator or worker of an
adult entertainment establishment or sexually
oriented business regardless of whether licensed
under this article, to knowingly or with reason to
know, permit, suffer or allow:
(1) Admittance to the establishment or busi-
ness of a person under eighteen (18) years
of age when the establishment or busi-
ness is open for business.
(2) A person under eighteen (18) years of age
to remain at the establishment or busi-
ness when the establishment or business
is open for business.
(3) Aperson under eighteen (18) years of age
to purchase goods or services from the
establishment or a worker at the estab-
lishment or business.
Supp. No. 9 730
(4) A person under eighteen (18) years of age
to be a worker at or for the establishment
or business.
(Ord. No. 200341, §§ 22 3, M- 04)
Sec. 10-88. Records —Unlawful provisions.
(a) It is unlawful to be an operator or worker of
an adult entertainment establishment or sexually
oriented business, regardless of whether it is
licensed under this article, if the current and
valid adult entertainment establishment or sexu-
ally oriented business license is not conspicuously
displayed on the premises of the establishment or
business.
(b) It is unlawful to be an operator of an adult
entertainment establishment or sexually oriented
business, regardless of whether licensed under
this article, which does not create, establish and
compile worker records, maintain worker records
or where such records are not produced for inspec-
tion by a law enforcement officer upon request
when the establishment or business is open for
business.
(c) It is unlawful to be an operator of a sexually
oriented business, regardless of whether it is
licensed under this article, at which customer
contracts, daily registers and a list of services
have not been compiled, maintained or are not
produced for inspection by a law enforcement
officer upon request when the establishment or
business is open for business.
(d) It is unlawful for a worker at or of an adult
entertainment establishment or sexually oriented
business, regardless of whether licensed under
this article, to fail to obtain, carry or produce for
inspection by a law enforcement officer upon
request, an occupational license for the occupa-
tion in which the worker is engaged; provided,
however, that a worker of an adult entertainment
establishment or sexually oriented business who
is a paid employee for whom income taxes and
social security payments are withheld and paid by
the establishment and who is not an independent
contractor shall not be required to obtain an
occupational license or their own adult entertain-
ment establishment/sexually oriented business
license.
(e) It is unlawful for an escort, regardless of
whether they are a paid employee for whom
income taxes and social security payments are
withheld and paid by the escort service, to fail to
carry and produce for inspection by a law enforce-
ment officer a copy of the sexually oriented busi-
ness license of the employing escort service when
working as an escort or providing the services of
escort.
(f) It is unlawful for any person or any person
on their behalf applying for a license under this
article to make a false or misleading statement or
provide false or misleading information which is
intended to facilitate the issuance of a license.
(g) It is unlawful for any worker, customer or
operator to provide false or misleading informa-
tion in any worker record, customer contract or
daily register required by this article.
(h) It is unlawful to be an operator or worker
at an adult entertainment establishment or sex-
ually oriented business which does not have con-
spicuously posted the name of the operator on
duty while the establishment is open for business.
(i) It is unlawful for an operator of an adult
entertainment establishment or sexually oriented
business to fail to produce for inspection any
worker record required by this article, when re-
quested by a law enforcement officer or the city
manager or his designee when the establishment
or business is open for business.
(j) It is unlawful for an operator of a sexually
oriented business to fail to produce for inspection
any worker record, customer contract or daily
register required by this article when requested
by a law enforcement officer or the city manager
or his designee when the establishment or busi-
ness is open for business.
(Ord. No. 200341, §§ 2, 3, M- 04)
Sec. 10-89. Hours of operation —Unlawful
provisions.
(a) It is unlawful for any operator of an adult
entertainment establishment, regardless of
whether licensed pursuant to this article, to allow
such establishment to remain open for business
or to knowingly allow any worker to engage in a
performance, solicit a performance, make a sale,
Supp. No. 5 731
§ 10-89 WINTER SPRINGS CODE
solicit a sale, provide a service or solicit a service ager at the front desk or reception area
between the hours of 2:00 a.m. and 9:00 a.m, of and providing that person with the follow -
any particular day. ing information:
(b) It is unlawful for any operator of a sexually
oriented business, regardless of whether licensed
pursuant to this article, to allow such business to
remain open for business or to permit any worker
to engage in a performance, solicit a performance,
make a sale, solicit a sale, begin, continue or
provide a service or solicit a service between the
hours of 10:00 p.m. and 9:00 a.m. of any particu-
lar day.
(c) It is unlawful for any worker of an adult
entertainment establishment, regardless of
whether licensed pursuant to this article, to en-
gage in a performance, solicit a performance.
make a sale, solicit a sale, provide a service or
solicit a service between the hours of 2:00 a.m.
and 9:00 a.m. of any particular day.
unla�vfui for any wo��ker of a sexually
oriented business, regardless of whether licensed
pursuant to this article, to provide a service,
solicit a service, engage in a performance, solicit a
performance, make a sale, solicit a sale, begin a
service or continue a service between the hours of
10:00 p.m. and 9*00 a.m. of any particular day.
(Ord. No. 200341, §§ 2, 3, 2-9-04)
Sec. 10-90. Special prohibitions relating to
escorts and escort services —Un-
lawful provisions.
It is unlawful for any escort, escort service or
worker of an escort service, regardless of whether
licensed under this article, to commit any of the
following acts or for an operator of an escort
service regardless, of whether licensed thereun-
der, to knowingly permit, suffer, aid, assist or
allow any escort or escort service worker to com-
mit any of the following acts:
(1) To enter a hotel, motel or other place of
temporary lodging for the purpose of meet-
ing or providing services to a customer
without immediately upon entering such
hotel, motel or other place and prior to
meeting the customer making personal
face-to-face contact with the on duty man-
a. The time of arrival and estimated
time of departure;
b. A copy of the escort service's sexu-
ally oriented business license and, if
applicable, the escort's occupational
license;
c. The name of the escort, the escort
service and the customer being met/
served; and
d. The location of the meeting or ser-
vice within the structure including
the room number.
(2) To require, entice or solicit any customer
to remove any article of clothing.
(3) To display or expose any specified anatom-
ical ar a to a customer,
(4) To begin a meeting or service without first
meeting the customer in a public place
such as a bar or restaurant before accom-
panying the customer to any place not
open to the public such as a hotel room or
residence.
(5) To meet with or provide services to a
customer in any place not open to the
public such as a hotel room, motel room or
residence without first executing the cus-
tomer contract as required by this article.
(6) To provide services to a customer even in
a public place without first executing the
customer contract as required by this ar-
ticle, immediately following the meeting
of the customer.
(7) To solicit a tip or gratuity from a customer
in exchange for a promise or suggestion
that any act or service not contracted for
in the customer contract will be per-
formed.
(8) To accept any compensation or payment
except that which is provided in the cus-
tomer contract.
(Ord. No. 200341, §§ 21 3, 2-9-04)
Supp. No. 5 732
LICENSES AND BUSINESS REGULATIONS
Sec. 10-91. Special prohibited acts; commer-
cial bodily contact; unlawful pro-
visions.
It is unlawful for a worker of a commercial
bodily contact establishment, regardless of whether
licensed pursuant to this article, to commit any of
the following acts or for the operator of a commer-
cial bodily contact establishment, regardless of
whether licensed thereunder, to knowingly or
with reason to know, permit, suffer, aid, assist or
allow any worker to commit any of the following
acts:
(1) To provide commercial bodily contact or to
be present at the premises of the business
when open for business unless covering
their specified anatomical areas by wear-
ing an opaque surgical type gown.
(2) To display or expose any specified anatom-
ical area to a customer.
(3) To allow a customer to expose or display
the customers specified anatomical areas
in the presence of a worker.
(4) To allow a customer to engage in any
specified sexual activity with him or her-
self, another customer or with a worker.
§ 10-92
(10) To remain in the presence of any customer
who is displaying, exposing, intentionally
touching, fondling or manipulating any
specified anatomical area.
(11) To allow any customer to intentionally
touch, massage or manipulate any speci-
fied anatomical area while on the pre-
mises of the business or when in the
presence of a worker.
(12) To solicit or require a customer to remove
any item of clothing as a prerequisite to
providing commercial bodily contact.
(13) To accept or solicit any tip, remuneration,
consideration or gratuity in excess of the
fee provided in the executed customer
contract.
(14) To accept or solicit any tip, remuneration,
consideration or gratuity in exchange for
any enhanced service.
(15) To fail to require a customer to cover such
customersspecified anatomical areas with
a towel, robe, undergarment, bathing suit
or other similar fully opaque material
while on the premises of the business.
(5) To perform or provide commercial bodily (16) To engage in or offer to engage in any
contact except at the premises of a com- private performance or act as an adult
mercial bodily contact establishment li- model.
censed under this article. (Ord. No. 200341, §§ 2, 3, 2-9-04)
(6) To engage in or offer to engage in private
modeling or the activities of an escort
(7) To provide commercial bodily contact or
service to a customer without first execut-
ing a customer contract as required by
this article.
(8) To intentionally touch, fondle, manipulate
or massage the specified anatomical area
of any customer.
(9) To allow any customer to intentionally
touch, fondle, manipulate or massage any
specified anatomical area of any worker
or the body of any worker below the waist
and above the knee, directly, indirectly or
through a medium.
ial
(a) Notwithstanding any provision of this arti-
cle, it is unlawful to operate, or be a worker for or
at a commercial bodily contact establishment
which engages in commercial bodily contact.
(b) Notwithstanding the provisions of subsec-
tion (a), in the event that subsection (a), prohib-
g commercial bodily contact establishments is
found to be unconstitutional, or otherwise invalid
by a court of competent jurisdiction or should an
unction be issued relative to the enforcement of
subsection (a), then all provisions set forth this
article applicable to commercial bodily contact
Supp. No. 9 733
WINTER SPRINGS CODE
establishments and sexually oriented businesses
shall apply to businesses and establishments en-
gaged in commercial bodily contact.
(Ord. No. 200341, §§ 213, 2-9-04)
Sec. 10-93. Occupational licenses/home oc-
cupations.
(a) The city manager or his designee may take
such steps as may be necessary to ensure that the
occupational license tax is paid by only such
individuals and entities that are lawfully permit-
ted in accordance with the provisions of this
article.
(b) Adult entertainment establishments and
sexually oriented businesses shall not be ap-
proved as home occupations.
l�U.L-(Vr U. UU34l, WV L, 3, G-:/-U4)
Sec. 10=94. Sexual encounter businesses pro-
hibited/prohibited acts—Unlaw-
1F,a1
(a) It is unlawful to be an operator of or be a
worker at a sexual encounter business.
(b) It is unlawful to cause, encourage, or allow
a person under eighteen (18) years of age to be
present at a sexual encounter business.
(c) It is unlawful to aid or abet a person
causing, encouraging or allowing a person under
eighteen (18) years of age to be present at a sexual
encounter business.
(Ord. No. 200341, §§ 2, 3, 2-9-04)
Sec. 10-95. Immunity from prosecution.
The city and any and all of its officers, depart-
ments or agents and any law enforcement officer
shall be immune from prosecution, civil or crimi-
nal, for the reasonable, good -faith trespass upon
an adult entertainment establishment or sexually
oriented business while acting within the scope of
the authority set forth in this article.
Secs. 10-96-10-99. Reserved,
Sec. 10400. Zoning.
All adult entertainment establishments and
sexually oriented businesses within the City of
S11pp. No. 5 734
Winter Springs, Florida, shall be limited to the
industrial zoning district as designated by an
adopted comprehensive plan, and City of Winter
Springs Future Land Use Map, and shall be
subject to all restrictions enumerated herein.
(Ord. No. 200341, §§ 2, 3, 2-9-04)
Sec. 10-101. Prohibited locations for adult
entertainment establishments;
sexually oriented businesses.
No person shall cause or permit the establish-
ment, substantial enlargement of an adult enter-
tainment establishment or sexually oriented busi-
ness within seven hundred fifty (750) feet of any
other adult entertainment establishment or sex-
ually oriented business, any church, school, pub-
lic park or public recreation area or within seven
hundred fifty (750) feet of an area zoned for
residential use and/or designated by an adopted
comprehensive plan in a manner primarily in-
tended for dwellings. No person shall cause or
permit the establishment or substantial enlarge-
ment of a church, school, public park or public
recreation area or residential area as described
above within seven hundred fifty (750) feet of any
existing adult entertainment establishment or
sexually oriented business. "Substantial enlarge-
ment" shall mean increasing the size of the per-
mitted and/or licensed premises by more than ten
(10) percent of the original licensed premises.
(Ord. No. 200341, §§ 2, 31 2-9-04)
Sec. 10-102. Measurement of distance.
For the purpose of this article, distance mea-
surement shall be made in a straight line, without
regard to intervening structures or objects, from
the nearest property line of the property used as
an adult entertainment establishment or sexually
oriented business to the nearest property line of
the premises of the other adult entertainment
establishment and sexually oriented business, of
a church, school, public park, or public recreation
area, or to the nearest boundary of any area
legally zoned and/or designated by comprehensive
in in a manner primarily intended for dwell-
ings without regard to municipal boundaries.
(Ord. No. 200341, §§ 2, 3, 2-9-04)
Secs. 10403-10-110. Reserved,
LICENSES AND BUSINESS REGULATIONS
ARTICLE IV. AMUSEMENTS*
Sec. 10-111. Dance halls; permit required;
conduct in dance halls.
(a) It shall be unlawful for any person to
operate for profit in the city any place wherein
dancing is permitted without first obtaining a
permit from the city commission.
(b) It shall be unlawful for any owner or lawful
operator of a dance hall to allow or permit disor-
derly conduct within such premises.
(Code 1974, § 8-3)
Secs. 10-112-10-135. Reserved.
ARTICLE V. PEDDLERS AND
SOLICITORS AND MISCELLANEOUS
SALESt
Sec. 10-136. Transient or itinerant solici-
tors; permit required; prerequi-
site to issuance.
(a) It shall be unlawful for any transient or
itinerant solicitor to solicit orders for goods, wares,
merchandise, newspapers, magazines, periodicals
or any other matter having a commercial business
purpose, whether for profit or not, including the
solicitation of funds, without first obtaining a
written permit from the city manager. Specifically
excluded from this regulation are all noncommer-
cial solicitations including, but not limited to,
political or religious canvassing, or distribution of
handbills and pamphlets or other non-commercial
materials.
(b) The city manager is hereby authorized to
issue a permit required by (a) above to any person
upon completion and submittal of an application
accompanied by a fee of one hundred dollars
($100.00) and providing for the following informa-
tion:
(1) Name, address, and date of birth of appli-
cant.
State law references —Poolrooms, F.S. §§ 849.04, 849.07;
coin -operated devices, F.S. § 817.32, 817.33.
'�CTOSS references —Noises made by peddlers, hawkers,
vendors restricted, § 13-29; streets, sidewalks and other public
places, Ch. 17.
(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
(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
Supp. No. 9 735
WINTER SPRINGS CODE
(6) Ceases to possess the qualifications re-
quired under this subsection for the orig-
inal registration; or
(7) Within the previous seven (7) years, has
violated subsection (c)(2), (3), (4) or (5)
above.
(Code 1974, § 8-1; Ord. No. 2002-24, § 2, 1043-03)
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.
Sec. 10=137. At-home sales. (Code 1974, § 8-26)
(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-
deptial i : er+y w: be hm'd oily by the resi'
dent(s) of the property and shall be of no longer
duration than six (6) days total for each sale. No
more than two (2) such sales shall be held during
any twelve-month period by any person or orga-
nization. No retail or wholesale merchant shall
hold any such sale on residential property.
(b) A fee established by resolution of the city
shall be charged for the permit required to hold
the sale and to post signs advertising the sale on
the property on which the sale is held. A portion of
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)
Secs. 10-138-10-150. Reserved.
ARTICLE VI. SECONDI�AND 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
*State law reference —Precious metals dealers, F.S.
§ 538.01 et seq.
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
eui;eieu In bucil Iugister ali ac:curaLe ue5cripi,iuri v
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 cleserintion to, the name, slate 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,
and, 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
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 inspect 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
Supp. No. 5 736
LICENSES AND BUSINESS REGULATIONS
driver's license or other governmental iden-
tification cards or certificates shall be
required.
(c) It shall be unlawful for any 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, § 8-27)
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.
(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. 10454. 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)
[The next page is 761]
Supp. No. 9 7$7
Chapter 13
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.
Secs.
13-62-13-69.
Reserved,
Article IV. 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. 13-73. Composition; term.
Sec. 1344. Powers; duties; jurisdiction.
Sec. 13-75. Enforcement procedures.
Sec. 1346. Penalties; fines; liens; recording.
Sec. 13-77. Appeal.
*Cross references -Administration, Ch. 2; procedure for disposition of abandoned property, § 2-l; 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. 5 873
WINTER SPRINGS CODE
[THIS PAGE INTENTIONALLY LEFT BLANK]
Supp. No. 5 $74
NUISANCES § 13-72
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 fiom 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))
Secs. 13-62-13-69. Reserved.
ABATEMENTBOARD
Sec. 13-70. Intent and purpose.
It is the intent and purpose of this article to
promote, protect and improve the health, safety
anI welfare of the citizens of the City of Winter
Springs by creating an administrative board to
impose administrative fines, enjoin and prohibit
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. 13-71. 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.
Supp. No. 9
WINTER SPRINGS CODE
(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
a rti rl n
(f) Pr•ostitutio�z 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 city'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, § 21 9-8-03)
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 6hall faciliLace the eiliciein adiiiixi-
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
Supp. No. 5 882
NUISANCES
public nuisance, upon competent and substantial
evidence that said place or premises has been
used:
(1) On more than two (2) occasions within a
six-month period, as the site of a violation
of Section 796.07, Florida Statutes, relat-
ing to prostitution and prostitution -re-
lated activities;
(2) On more than two (2) occasions within a
six-month period, as the site of the unlaw-
ful sale, delivery, manufacture, or cultiva-
tion of any controlled substance;
(3) On one (1) occasion as the site of the
unlawful possession of a controlled sub-
stance, where such possession constitutes
a felony, and that has been previously
used on more than one occasion as the site
of the unlawful sale, delivery, manufac-
ture, or cultivation of any controlled sub-
stance;
(4) By a criminal street gang for the purpose
of conducting a pattern of criminal street
gang activity as defined by Section 874.03,
Florida Statutes; or
(5) On more than two (2) occasions within a
six-month period, as the site of a violation
of Section 812.019, Florida Statutes, re-
lating to dealing in stolen property.
(Ord. No. 2003-33, § 2, 9-8-03)
Sec. 13-75. Enforcement procedures.
(a) Any employee, officer or resident of the
City of Winter Springs may file, in accordance
with this section, a complaint alleging that a
place or premises constitutes a public nuisance,
as defined herein. Such complaint shall only be
for those nuisances enumerated above in section
13-74(0 and shall state facts that reasonably tend
to establish the existence of such public nuisance.
(b) All complaints shall be filed with the nui-
sance abatement coordinator. The nuisance abate-
ment coordinator shall review each complaint
filed to determine whether the facts presented
establish the requisite number of incidents or
occurrences required under section 1344 above.
Where the complaint alleges the requisite num-
ber of incidents or occurrences to establish a
§ 13-75
nuisance under this article, the nuisance abate-
ment coordinator shall forward the complaint,
with any relevant incident or arrest reports gen-
erated by the police department substantiating
such incidents or occurrences or evidencing new
or additional incidents or occurrences, to the city
attorney.
(c) The city attorney shall review all com-
plaints received from the nuisance abatement
coordinator for legal sufficiency. If the city attor-
ney deems the complaint sufficient under the code
to support a probable finding of the existence of a
public nuisance, the nuisance abatement coordi-
nator shall prepare a courtesy notice of violation
to be served, in accordance with this section, upon
the owner of the property in question. The cour-
tesy notice of violation shall provide the name of
the owner of the premises, the address of the
premises where the nuisance has occurred, a brief
statement describing the incidents or occurrences
which support the finding of a public nuisance
upon the premises, and recommendations of re-
medial action to be taken to abate the public
nuisance upon the property. The owner of the
premises shall have ten (10) days from the date of
the notice to contact the nuisance abatement
coordinator to indicate what action will be taken
to abate the nuisance upon the premises. Failure
of the owner to receive this notice of violation
shall not invalidate any further proceedings here-
under.
If a recurring public nuisance or emergency situ-
ation exists, the nuisance abatement coordinator
shall not be required to provide a courtesy notice
of violation, but instead the city attorney may
immediately prepare and serve a statement of
violation and notice of hearing as provided below.
(d) Should the owner or operator fail to contact
the nuisance abatement coordinator, fail to com-
mit to a course of action designed to abate the
nuisance upon the property, or should there be
any further incidents or occurrences which con-
stitute a nuisance upon the property, a hearing
shall be scheduled before the board. Such hearing
shall be held no sooner than ten (10) days after
the notice of hearing is sent to the owner of the
place or premises at his or her last known ad-
dress. The nuisance abatement coordinator or city
Supp. No. 5 883
WINTER SPRINGS CODE
attorney shall then prepare and serve upon the
owner or operator, in accordance with this article,
a statement of violation/notice of hearing provid-
ing the following information:
(1) A statement of the time, place and nature
of the hearing;
(2) A statement of the legal authority and
jurisdiction under which the hearing is to
be held;
(3) A reference to the particular sections of
the statutes and ordinances involved; and
(4) A copy of the statement of violation, in-
cluding all documentation in support
thereof.
(e) All notices under this article shall be hand-
deiivereci by the police department where practi-
cal or where not practical or impossible by certi-
fied mail, return receipt requested, to the property
owner of record at the address as it appears in the
pi,blic records of the ccrninol.c county props=
appraiser's office. If the notice is returned for any
reason, then service shall be effected by mailing
the notice through regular delivery to the address
of the premises and by posting the notice in
accordance with Chapter 162, Florida Statutes.
Proof of service shall be by written declaration
indicating the date, time, and manner in which
service was made.
(f) The city attorney may negotiate stipulated
settlement agreements with a property owner to
facilitate the abatement of a public nuisance. All
stipulated agreements shall be reviewed and ap-
proved by the nuisance abatement coordinator
and the board prior to being effective.
(g) At the hearing, the nuisance abatement
coordinator and/or city attorney shall present
evidence before the board on behalf of the city and
has the burden to prove the existence of a public
nuisance by substantial and competent evidence.
The board may consider any evidence, regarding
the activities alleged in the statement of violation
and occurring about the place or premises, and
the owner(s) of the place or premises shall have
the opportunity to appear before the board, in
person and/or through legal counsel, to present
evidence in defense or in mitigation against the
complaint, conduct cross-examination, submit re-
buttal evidence, and make brief opening and/or
closing statements. Irrelevant, immaterial or un-
duly repetitive evidence shall be excluded. All
testimony shall be taken under oath and shall be
recorded. Any member of the board, or counsel to
the board, may inquire of any witness testifying
before the board. The board shall take testimony
of such witnesses as may be called by the respec-
tive sides. Formal rules of evidence shall not
apply, but fundamental due process shall be ob-
served and govern said proceedings. In addition
to all other relevant evidence, the board may also
consider testimony and evidence relating to the
general reputation of the place or premises.
The board may proceed with a hearing in absentia
on the merits of an alleged public nuisance against
any alleged violator of fliis article who has haan
properly noticed under this article and has failed
to appear. Any findings or order entered by the
board are valid and binding upon each such
violator who has been properly noticed.
The board in its discretion may continue a hear-
ing to receive additional evidence, testimony, or
for any other reason the board deems appropriate.
(h) At the conclusion of the hearing, the board
shall issue findings of fact based on evidence in
the record and conclusions of law, and shall issue
an order affording the proper relief consistent
with the powers granted by Florida Statutes and
by this article. The order shall generally be stated
orally at the meeting and shall be reduced to
writing and mailed to the alleged violator within
ten (10) days after the hearing.
(i) If the board declares a place or premises to
be a public nuisance, it may enter an order
immediately prohibiting:
(1) The maintaining of the nuisance;
(2) The operating or maintaining of the place
or premises, including the closure of the
place or premises or any part thereof; or
(3) The conduct, operation, or maintenance of
any business or activity on the premises
which is conducive to such nuisance.
The board shall be authorized to take such other
measures or to impose conditions that the board
S11pp. No. 9 8S4
NUISANCES
deems appropriate to abate a public nuisance,
provided such conditions and measures are con-
sistent with this article.
(j) If the city proves the existence of a public
nuisance or recurring public nuisance before the
board, the city, as the prevailing party, shall be
entitled to recover its reasonable attorneys' fees
and costs associated with the investigation, hear-
ing and prosecution on the public nuisance through
all appellate proceedings, including the costs of
recording any order, notice or agreement.
(k) An order of the board shall expire not more
than (1) year or as otherwise designated in the
order after entry of the order by the board. The
order may include deadlines or other notice for
requiring compliance by a certain date and that a
fine may be imposed in accordance with this
article.
(Ord. No. 2003-33, § 2, 9-$-03)
Sec. 13-76. Penalties; fines; liens; recording.
(a) Upon evidence of noncompliance of any
board order, the city attorney or nuisance abate-
ment coordinator shall request a hearing before
the board. Upon evidence establishing that a
noncompliance exists, the board shall enter an
order imposing conditions and any other mea-
sures to abate the public nuisance as provided by
this article, including the imposition of a fine.
(b) A fine imposed pursuant to this section
shall not exceed two hundred fifty dollars ($250.00)
per day for a first occurrence of a public nuisance
and shall not exceed five hundred dollars ($500.00)
per day for a recurring public nuisance. However,
total fines imposed in any action brought pursu-
ant to this article shall not exceed fifteen thou-
sand dollars ($15,000.00). In determining the
amount of the fine, if any, the nuisance abatement
board shall consider the following factors:
(1) The gravity of the public nuisance;
(2) Any actions taken by the owner to correct
the public nuisance; and
(3) Any previous nuisances maintained or
permitted by the owner.
(c) A certified copy of an order imposing a fine
may be recorded in the public records of Seminole
County and thereafter shall constitute a lien
against the land on which the public nuisance
exists and upon any other real or personal prop-
erty owned by the owner. Upon petition to the
circuit court, such order may be enforced in the
same manner as a court judgment by the sheriffs
of this state, including levy against personal prop-
erty, but such order shall not be deemed to be a
court judgment except for enforcement purposes.
A fine imposed pursuant to this article shall
continue to accrue until the owner comes into
compliance or until the judgment is rendered in a
suit to foreclose on a lien filed pursuant to this
section, whichever occurs first. Alien arising from
a fine imposed pursuant to this section runs in
or of the city, and the city may execute a
satisfaction or release of a lien in the same
manner as provided under section M1.5 of this
Code, or may otherwise seek to foreclose on the
lien. However, where the nuisance abatement
action is based on a stolen property nuisance, and
is brought against a property owner operating an
establishment where multiple tenants, on one (1)
site, conduct their own retail business, the prop-
erty owner shall not be subject to a lien against
the owner's property or the prohibition of opera-
tion provision if the property owner elects to evict
the business declared to be a nuisance within
ninety (90) days after notification by registered
mail to the property owner of a second stolen
property conviction of the tenant. Any lien re-
corded against real property may be foreclosed by
the city and the owner of such real property shall
be liable for all costs incurred by the city, includ-
ing a reasonable attorney's fee through all appel-
late proceedings, associated with the recording of
all orders and foreclosure.
(Ord. No. 2003-33, § 2, 9-$-03)
Sec. 13-77. Appeal.
A party aggrieved by a final administrative
order of the Nuisance Abatement Board shall
have the right to appeal said order to a court of
competent jurisdiction pursuant to the rules of
procedure of the court.
(Ord. No. 2003-33, § 2, 9-$-03)
[The next page is 931]
Supp. No. 9 085
SIGNS AND ADVERTISING
ARTICLE III. SIGNS*
DIVISION 1. GENERALLY
Sec. 16-51. Definitions.
The following words, terms and phrases, when
used in this article, shall have the meanings
ascribed to them in this section, except where the
context clearly indicates a different meaning:
Balloon display is any balloon anchored on
private property for the purpose of advertise-
ment.
Banner is any strip of cloth, plastic or other
flexible material on which a sign is printed,
painted, or otherwise displayed.
Bench sign is any sign which displays advertis-
ing or which is intended for the display of adver-
tising and when such benches are to be located on
the public way or when such benches are to be
located on private property but the advertising is
intended to be viewed from the public way.
Bus stop shelter sign is any sign located on any
part of the surface of a bus stop shelter.
Construction sign is any on -site sign designat-
ing the owner, architect, financial institution or
contractor.
Directional
sign is any permanent sign show-
ing directions to specific locations such as club-
house, golf course, tennis courts, etc.
Freestanding sign is any mobile or portable
sign or sign structure not securely attached to the
ground or to any other structure. This definition
shall not include trailer signs.
Garage sale sign is any sign advertising garage
sales.
Ground sign. Wide -based monument or pylon
style sign —A sign wholly independent of any
building for support, consisting of a solid base
with sign on top for monument sign or a base of
foliage with sign immediately the level of the base
foliage, and where the subject of the sign relates
State law reference —Sign ordinances, F.S. §§ 166.0425,
479.155.
to either the identifying of the business name or
the activity(s) carried on in the structure on the
same property as the sign.
Hazardous sign is any sign which constitutes a
traffic hazard or a detriment to traffic safety by
reason of its size, location, movement, content,
coloring, or method of illumination, or which
obstructs the visibility of any official traffic -
control device or which diverts or tends to divert
the attention of drivers of moving vehicles from
traffic movement on streets, roads, intersections,
or access facilities. No sign shall be erected in
such a manner as to obstruct the vision of pedes-
trians. The use of flashing, running, or revolving
lights in any sign is prohibited. Any sign which by
glare or method of illumination constitutes a
hazard to traffic is prohibited. No sign may use
the words "Stop," "Look," "Drive -In," 'Danger," or
any other word, phrase, symbol, or character in
such a manner as to interfere with traffic, mislead
or confuse drivers or pedestrians.
Identification sign is any sign which indicates
the name of the use, owner, activity, business or
enterprise, but which does not advertise products,
commodities or services offered, and which is
located on the same property which is identified.
Marketing / real estate. For the purpose of these
design standards, marketing signs shall mean all
names, insignias, trademarks, and descriptive
words of material of any kind affixed, inscribed,
erected or maintained upon an individual site or
upon any improvement on individual sites which
contain information relating to the marketing of
space or building(s) on the subject parcel.
Nonconforming sign is any sign which does not
conform to the requirements of the City Code.
Obscene sign is any sign which is obscene,
indecent, or immoral, according to this Code.
Outdoor advertising display / billboard on-
p�•emises sign is any sign advertising a product for
sale or service to be rendered on the immediate
premises where the sign is located.
Political sign is any sign erected by a candidate
for city, county, state, and federal office, and any
sign for or against a ballot issue.
Supp. No. 5 1045
WINTER SPRINGS CODE
Right-of-way is that area adjacent to state,
county, and city roads designated as being perma-
nent public easements.
Sep nice club sign is any logo sign for nationally
recognized service organization. The logo is to be
counted as part of permitted sign as to height and
size.
Signs shall mean all names, insignias, trade-
marks, and descriptive words, backlit awnings or
material of any kind affixed, inscribed, erected or
maintained upon an individual site or upon any
improvement on individual sites.
Swipe sign is any sign of any material whatso-
ever that is attached in any way to a utility pole,
tree or any object located or situated on a public
road right-ot-way.
Spot or• searchlight is any apparatus designed
to project a beam of light for the purpose of
advertisement during lours of darkness.
Trailer• sign is any sign mounted on a vehicle
normally licensed by the state as a trailer and
used for advertising or promotional purposes.
(Code 1974, § 5.112; Ord. No. 675, 12-8-97; Ord.
No. 2001-50, § 2, 10-22-01; Ord. No. 2003-36, § 4,
10-13-03)
Cross reference —Definitions and rules of construction
generally, § 1-2.
Sec. 16-52. Purpose and intent.
(a) The regulations and requirements herein
set forth shall be the minimum requirements to
promote the public health, safety and general
welfare, and to protect the character of residen-
tial, business and industrial areas throughout the
city.
(b) With respect to signs advertising business
uses, it is specifically intended, among other things,
to avoid excessive competition and clutter among
sign displays in the demand for public attention.
Therefore, the display of signs should be appro-
priate to the land, building or use to which they
are appurtenant and be adequate, but not exces-
sive, for the intended purpose of identification or
advertisement.
(Code 1974, § 5411)
Co 16-53. Building permit required.
No person shall erect, alter, repair or relocate
any sign, except as noted below, without first
obtaining a building permit for such work from
the building department. No permit shall be is-
sued until the building department determines
that such work is in accordance with the require-
ments contained in this article, and the building
department determines such work will not violate
the building or electrical codes of the city. A
sticker, provided by the building department,
showing the date of expiration of the permit shall
be displayed on each permitted sign.
(Code 1974, § 5-118)
Sec. 16-54. Permit fees.
A permit fee schedule shall be established by
resolution of the city commission.
(Code 1974, § 5-119)
Sec. 16-55. Exemptions from permit require-
ments.
(a) The following signs maybe erected without
a permit, subject, however, to all remaining re-
quirements of these regulations:
(1) Bulletin boards and identification signs
for public, charitable, or religious institu-
tions located on the premises of such
institution and not exceeding twelve (12)
square feet in total area.
(2) Occupational signs denoting only the name,
street, number and business of an occu-
pation, a commercial building, public in-
stitution, building or dwelling, which do
not exceed two (2) square feet.
(3) Memorial signs or tablets, names of build-
ings and date of erection when cut into a
masonry surface or when constructed of
bronze or other incombustible materials.
(4) Traffic or other municipal, county, state or
federal signs, legal notices, railroad cross-
ing signs, danger signs and such tempo-
rary, emergency, or nonadvertising signs
as may be approved by the city commis-
sion.
Supp. No. 9 1046
SIGNS AND ADVERTISING
(5) One (1) "For Sale" or "For Rent" sign per
parcel of property when such sign has an
area per face of not more than six (6)
square feet.
(6) Identification signs at the entrance drive
of residences, estates, and ranches, which
do not exceed two (2) square feet.
(7) Nonadvertising directional signs or sym-
bols ("Entrance," "Exit," "Slow," "Cau-
tion," "No Trespassing," etc.) located on
and pertaining to a parcel of private prop-
erty, each not to exceed four (4) square
feet.
(b) Each elementary and secondary school, pub-
lic or private, or governmental agency located
within the city shall be entitled to four (4) exemp-
tions, within a twelve (12) month period, from the
permit fee requirements of this chapter, for signs
or banners as defined within this chapter, which
advertise an event sponsored by the school or
organizations affiliated with the school or a gov-
ernmental agency, and which are temporary in
nature and will be removed following the event.
An exemption may be granted by the city man-
ager prior to the event upon receipt of a written
request from the school principal or governmental
agency director or manager.
(Code 1974, § 5420; Ord. No. 2002-21, § 2, 7-8-02)
Sec. 16-56. Nonconforming signs.
(a) Any sign which, when erected, conformed
to the existing zoning regulations and subse-
quently is declared nonconforming due to the
enactment of this division or any amendment to
the zoning ordinance may remain, subject to the
provisions of Chapter 9, Article XI, and the fol-
lowing:
(1) No sign may be moved, structurally al-
tered, or repaired in a manner that would
require replacement of more than fifty
(50) percent of any one (1) sign's support-
ing members, without complying with all
provisions of this article.
(3) Any nonconforming identification sign may
be allowed to continue, provided the busi-
ness or use it advertises remains in oper-
ation. When the business or use is discon-
tinued, the sign must be removed, and
any replacement sign must conform to all
existing regulations.
(b) Signs placed on public right -of --way without
authorization shall be subject to immediate re-
moval by the department of public works of the
city.
(Code 1974, § 5414; Ord. No. 2003-36, § 4, 1043-
03)
Sec. 16-57. Prohibited signs.
The following signs are hereby prohibited:
(1) Snipe signs;
(2) Freestanding signs;
(3) Obscene signs;
(4) Hazardous signs;
(5) Flashing, running or revolving signs;
(6) Bus stop shelter signs;
(7) Any sign placed on public right -of --way for
more than twenty-four (24) hours which
does not comply with this regulation;
(8) Balloon displays;
(9) Spot or search lights.
(10) Trailer signs.
(11) Off -premises sign (outdoor advertising dis-
play/billboard), as provided in section 16-
77.
(12) Unless otherwise expressly authorized by
the City Code, signs with exposed neon
tubing. The use of neon tubing to outline
buildings, windows or doors shall be pro-
hibited. However, window signs may uti-
lize exposed neon tubing for the advertis-
ing of products or services provided the
size of the sign is less than or equal to four
(4) square feet.
(2) Within two (2) years of the effective date (13) Backlit awning signs,
of this division, all nonconforming out- (Code 1974, § 5-115; Ord. No. 2001-09, § 1, 2-26-
door advertising signs and their support- 01; Ord, No. 2001-50, § 2, 10-22-01; Ord. No.
ing members shall be removed. 2003-06, § 2, 12-8-03)
Supp. No. 5 1047
§ 16-Do
Sec. 16-58. Variances,
WINTER SPRINGS CODE
(a) Variances to this article, except for those
decisions made by the site plan review board or
staff review, may be granted by the city board of
adjustment pursuant to sections 20-82 and 20-83
of the City Code.
(b) Decisions made by the site plan review
board may be appealed to the city commission
pursuant to section 9-348 of the City Code.
(c) Decisions made by the staff review may be
appealed pursuant to section 20-355 of the City
Code.
(Code 1974, § 5417)
Secs. 16-59-16-75. Reserved.
DIVISION 2. STANDARDS"
Sec. 16-76. Generally.
All signs shall be maintained in original condi-
tion. No sign shall be placed in a city -controlled
right -of --way with the exception of directional signs.
Any sign erected on private property that exceeds
six (6) square feet in area requires the payment of
a fee to and a permit from the building depart-
ment, and shall display an official city sticker
showing the date of expiration. No sign shall
obstruct the sight of any roadway or driveway
intersection or approach between two (2) feet and
five (5) feet from ground level.
(Code 1974, § 5-113(a))
Sec. 1647. Outdoor display/billboards—Off-
premises signs prohibited.
(a) Off -premises signs, as used in this section,
shall mean any sign, display or device which
advertises or otherwise identifies an activity which
is not conducted or products or services which are
not available on the premises where the sign is
located, except the term 'off -premises signs" shall
not include (i) any sign, display or device erected
by a governmental body or a governmental agency,
or (ii) any residential subdivision sign, which is
identifying the subdivision entrance.
`Cross reference —Buildings and building regulations,
Ch. 6.
Supp. No. 5 1048
(b) Other than as provided within this section,
off premises signs are strictly prohibited within
the City of Winter Springs.
(c) Notwithstanding anything in the City of
Winter Springs Code of Ordinances to the con-
trary, from and after the effective date of Ord. No.
2001-50 [Oct. 22, 20011, the total number of
outdoor off -premises signs located in the incorpo-
rated areas of the city shall be limited as hereaf-
ter specified.
(d) The initial limitation on outdoor off -pre-
mises signs are the five (5) outdoor off -premises
sign structures (hereinafter referred to as "Exist-
ing Structure(s)") currently existing in the incor-
porated areas of the city (the "Existing Struc-
tures"). An inventory of these existing structures
dated October 22, 2001, is filed in the community
development department and is incorporated herein
by this reference.
(e) The limit stated in subsection (d) above
may only be increased by the number of lawfully
existing off -premise sign structures within unin-
corporated areas of Seminole County which are
annexed by the City of Winter Springs. Contem-
poraneously with annexation the city shall con-
duct a survey of all existing off -premise sign
structures within the annexed portions of unin-
corporated Seminole County. The inventory of
existing structures, on file with the community
development department, shall be amended by
resolution of the city commission to include the
addition of legally existing off -premise sign struc-
tures.
(fj The limit stated in subsection (d) above, as
maybe amended by subsection (e), shall be corre-
spondingly reduced upon the occurrence of any of
the following:
(1) An existing structure is removed incident
to a road widening or other public works
project; and
(2) An existing structure is removed incident
to the development or redevelopment of
the property upon which the existing struc-
ture is located; or
SIGNS AND ADVERTISING
(3) An existing structure is removed incident
to the expiration of the lease or other
agreement authorizing placement of the
existing structure on the property.
(4) An existing structure which is noncon-
forming due to zoning is removed due to
destruction, damage or other casualty
which results in destruction of fifty (50)
percent or more of the support structure
for or of fifty (50) percent or more of the
face of the sign.
(5) An existing structure is removed or
mantled by fifty (50) percent or more of
the support structure or fifty (50) percent
or more of the face of the sign.
(6) By the terms and conditions of a develop-
ment agreement with the city, except that
any development agreement after the ef-
fective date of this section shall not allow
the removal of an existing structure later
than the time that would otherwise be
provided by this section. Any existing struc-
ture subject to a development agreement
with the city prior to the effective date to
this section shall be exempt from the
Supp. No. 5 1048.1
§ IUW I I WINTER SPRINGS CODE
[THIS PAGE INTENTIONALLY LEFT BLANK]
Supp. No. 5 1048.2
ZONING
Sec. 20-187. Lot coverage.
Sec. 20-188. Use, area and yard exceptions.
Sec. 20-189. 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.
Sec. 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. Building site area regulations.
Sec. 20-237. Front, rear and side yard regulations.
Sec. 20-238. Off-street parking regulations.
Secs. 20-239-20-250. Reserved.
Division 8. C-2 General Commercial District
Sec. 20-251. In general.
Sec. 20-252. Uses permitted.
Sec. 20-253. Building site area regulations.
Secs. 20-254-20-257. 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.
Secs. 20-263-20-265. Reserved.
Division 9. R-U Rm•al Urban Dwelling Districts
Sec. 20-266. In general.
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 74•ailer Home Districts
Sec. 20-291. Description of district.
Supp. No. 5 1307
WINTER SPRINGS CODE
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,
Division 11. R-T Mobile Home Parlc Districts
Sec.
20-311.
Definition of terms.
Sec.
20-312.
Description of district.
Sec.
20-313.
Uses permitted.
Sec.
20-314.
Special accessory uses.
Sec.
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.
Divisiuu i2. Tuwu �euier Discr•ict %ode
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.
Article IV. Planned Unit Developments
Division 1. Generally
Secs. 20-342-20-350. Reserved.
Division 2. Part A. Planned Unit Development
Sec. 20-351. Definitions.
Sec. 20-352. Intent and purpose of district.
Supp. No. 5 1308
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.
Sec.
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.
TSme restrictions on approval.
Sec.
20-389.
Appeal.
Secs.
20-390-20410.
Reserved.
Article V. Supplemental District Regulations
Division 1. Generally
Sec.
20-411.
T4•ailers in residential areas.
Sec.
20-412.
T4•ailer uses.
Sec.
20-413.
Animals.
Sec.
20414.
Exceptions.
Sec.
20-415.
Kennels.
Sec.
20-416.
Kennel zoning.
Sec.
20-417.
Residential wall buffers required.
Sec.
20-418.
Gasoline stations.
Secs.
20419-20430.
Reserved.
Division 2. Motor Vehicles
Sec. 20-431. Parking, storage or maintenance of certain vehicles prohibited in
residentially zoned districts.
Sec.
20-432.
Commercial vehicles defined.
Sec.
20-433.
Storage, repair,of disabled
motor vehicles; approved.
Sec.
20-434.
Authorized commercial vehicles
in residential areas.
Sec.
20435.
Authorized commercial vehicles
in residentially zoned districts.
Sec.
20-436.
Authorized commercial vehicles
-Limited -term parking permits.
Sec.
20-437.
Exempted vehicles.
Secs.
20-438-20-450.
Reserved.
Supp. No. 5 1309
WINTER SPRINGS CODE
Division 3. Siting and Regulation of Telecommunications Towers
Sec. 20-451. Telecommunications towers.
Secs. 20-452-20460. 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.
20-467.
Off-street parking and driveway requirements.
Sec.
20-468.
Landscaping.
Sec.
20-469.
Buffers and walls.
Sec.
20470.
Signs.
Sec.
20-471.
Utility lines.
Sec.
20472.
Corridor access management.
Sec.
20-473.
Building and screening design guidelines.
Sec.
20474.
Development agreement.
Sec.
20-475.
Reserved.
Secs.
20476-20-479.
Reserved,
Division 3. General Design Standards for Redevelopment Area
Sec.
20-480.
Applicability to redevelopment overlay zoning district.
Sec.
20-481.
Building height.
Sec.
20-482.
Setbacks.
Sec.
20-483.
Off-street parking and driveway requirements.
Sec.
20484.
Landscaping.
Sec.
20485.
Buffers and walls.
Sec.
20-486.
Signs.
Sec.
20-487.
Utility lines.
Sec.
20-488.
Corridor access management.
Sec.
20489.
Building and screening design guidelines.
Sec.
20-490.
Development agreement.
Sec.
20-491.
Reserved.
Secs.
20-492-20-500.
Reserved.
Division 4. Reserved
Supp. No. 5 1310
ZONING
DIVISION 7. C-1 NEIGHBORHOOD (13) Bicycles, sales and service;
COMMERCIAL DISTRICTS (14) Bookstores, stationery, newsstands;
Sec. 20=231. In general. (15) Bookkeepers;
The C-1 Neighborhood Commercial District (16) Bowling alleys;
consists of lands abutting principal streets, the (17) Butcher shop, retail only;
frontages of which are especially adaptable to (18) Carpets, rugs and linoleum;
selected lowAraffrc generating uses. Adjoining
these lands are residential districts that would be (19) Car wash;
adversely affected by a greater diversification of (20) Places of worship;
uses creating serious problems of traffic move-
ment and generation. The district is intended for (21) Cleaners;
lands suitable for low intense neighborhood com- (22) Coin dealers;
mercial uses in close proximity to residential
districts. The land uses under this district shall (23) Computers, hardware and software sales
promote spaciousness of land use minimize traffic and service;
along adjacent thoroughfares and within residen- (24) Confectionery and ice cream stores;
tial districts, promote aesthetic and architectural
harmony, attractiveness, and compatibility with (25) Dance and music studios;
nearby residential districts and within the com- (26) Day nurseries, kindergartens and day care;
munity, and abide by the performance and devel-
opment standards of the city, county, state and (27) Drug and sundry stores;
U.S. government. (28) Employment agencies;
(Ord. No. 44, § 44.46, 1-8-68; Ord. No. 2002-07, (29) Financial institutions, banks, savings and
§ 4, 7-8-02) loan;
Sec. 20-232. Uses permitted. (30) Florist and gift shops;
(a) Within any C-1 Neighborhood Commercial (31) Mini -mart (convenience store, snack shop
)istrict, no building, structure, land or water and self-service gasoline sales);
shall be used except for one (1) or more of the (32) Furniture, retail, new and used;
following uses: (33) Grocers, retail; those whose business in-
(1) Administrative public buildings; clude and are limited to the retail sale of
(2) Advertising agencies; groceries including produce, meats and
household goods but shall not include the
(3) Alcoholic beverage sales (package); sale of gasoline;
(4) Alcoholic beverage on -premises consume- (34) Gun shop;
tion;
(35) Hair and beauty salons (including nail
(5) Alterations and tailoring; salons);
(6) Antique and gift shop; (36) Hardware stores;
(7) Appliances, sales and service; (37) Health food;
(8) Artists' studios; (38) Hobby and craft shops;
(9) Attorneys; (39) Hospitals and nursing homes;
(10) Automotive accessories sales; (40) Hypnotists;
(11) Bakery, retail; (41) Ice, retail;
(12) Bathroom accessories; (42) Insurance;
Supp. Mn 5 1331
§ 20-232 WINTER SPRINGS CODE
(43) Interior decorating and draperies; (73) Taxidermists;
(44) Jewelry stores,
(45) Launderettes and laundromats;
(46) Libraries;
(47) Loan companies;
(48) Locksmiths;
(49) Luggage shops;
(50) Medical clinics and laboratories;
(51) Nurseries, plants, trees, etc., retail;
(52) Outdoor advertising signs sales offices;
(53) Paint store;
(54) Parking garages;
(L`i�� Pit S1�Cpc .`",•i:d b��nn�inbf
(56) Photographic studios;
(57) Physical fitness and health clubs;
(58) Post office;
(59) Private clubs and lodges;
(60) Quick printers;
(61) Radio and TV broadcasting studios, ex-
cluding towers;
(62) Radio and TV sales and service;
(63) Rental shops;
(64) Professional offices such as lawyers, doc-
tors, accountants, computer software
en-
gineers, architects, and similar type of-
fices.
(65) Retirement homes;
(66) Restaurants;
(67) Schools, public, private and parochial, ser-
vice vocational schools (such as cosmetol-
ogy, medical and dental assistant's train-
ing) requiring no mechanical equipment;
(68) Shoe repair shops;
(69) Skating rinks;
(70) Sporting goods, retail;
(71) Swimming pools; sales, service and sup-
plies;
(72) Tailoring shops;
(74) Telephone business office and exchanges;
(75) Theaters, not drive-ins;
(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 special exception.
(Ord. No. 44, § 44.47, 1-8-68; Ord. No. 264, § 1,
7-13-82; Ord. No. 619, § 1, 7-8-96; Ord. No.
6UU2-U'/, § 4, ,i.8.u2)
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 fi•om Ord. No.
44, § 44.47.1, Jan. 8, 1968; Ord. No. 264, § 1, July 13, 1982.
Sec. 20-234. Conditional uses.
(a) Multiple -family residential units may be
permitted as conditional uses as provided by the
board of adjustment.
(b) Before a conditional use may be granted
within the classification, the board of adjustment
must, after public hearings, find that the use or
uses are consistent with the general zoning and
with the public interest.
(Ord. No. 44, § 44.48, 1-8-68; Ord. No. 240, § 8,
5-26-81)
Sec. 20-235. Building height regulations.
In C4 Neighborhood Commercial Districts, the
building height shall not exceed fifty (50) feet.
(Ord. No. 44, § 44.49, 1-8-68)
Sec. 20-236. Building site area regulations.
In C-1 Neighborhood Commercial Districts, the
building site area regulations are none.
(Ord. No. 44, § 44.50, 1-8-68)
Supp. No. 9 1332
ZONING
Sec. 20-237. Front, rear and side yard regu-
lations.
(a) Front yard. A front yard or setback of at
least fifteen (15) feet shall be provided, except
however, that when the frontage in one (1) block
is located partly in C-1 Neighborhood Commercial
Districts and partly in a residential or multiple -
dwelling district, then the front yard require-
ments of the residential district or multiple dwell-
ing district shall apply to the C-1 Neighborhood
Commercial Districts.
(b) Side yard. None required except on that
side of the lot abutting upon the side of a lot zoned
for residence purposes, in which case there shall
be a side yard of not less than thirty (30) feet. In
all other cases a side yard, if provided, shall not
be less than three (3) feet.
(Ord. No. 44, § 44.51, 1-8-68)
Sec. 20-238. Off-street parking regulations.
Section 9-276 et seq. as to off-street parking
regulations in C-1 Neighborhood Commercial Dis-
tricts shall apply.
(Ord. No. 44, § 44.52, 1-8-68)
Sec. 20-239. Reserved.
Editor's note —Ord. No. 2000-07, § 2, adopted May 8,
2000, repealed former § 20-239 in its entirety which pertained
to the requirement of a wall between commercial and residen-
tial developments and derived from Ord. No. 710, § II, adopted
Jan. 11, 1999.
Secs. 20-240-20-250. Reserved.
DIVISION 8. C-2 GENERAL COMMERCIAL
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-
trueness, and compatibility within the community,
anI abide by the performance and development
standards of the city, county, state and U.S. gov-
ernment. This district is intended for lands adja-
cent to or easily serviced by collector and major
arterial roads adaptable to higher traffic generat-
ing general commercial uses.
(Ord. No. 44, § 44.53, 1-8-68; Ord. No. 2002-07,
§ 3, 7-8-02)
Sec. 20-252. Uses permitted.
Within C-2 General Commercial District, no
buiWing, structure, land or water shall be used
except for one (1) or more of the following uses:
(1) Any permitted use allowed in 0-1 Neigh-
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) Flea markets, open air;
(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;
Supp. No. 5 1033
WINTER SPRINGS CODE
(20) Laboratories for testing materials and
chemical analysis of a nonindustrial na-
ture;
(21) Lumber and building supplies in an en-
closed building or structure;
(22) Mobile home sales;
(23) Movers;
(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) Minor automotive/boat/manufacturedhnme
service and repair establishments (includ-
ing filling stations, repair garages and
similar non -intense uses), provided that
all activity shall be conducted within a
completely enclosed building and there is
no outdoor storage of any kind.
(33) Radio and television studios and offices.
7-13-82; Ord. No. 619, § 1, 7-8-96; Ord. No.
2001-50, § 2, 10-22-01; Ord. No. 2002-07, § 3,
7-8-02)
Sec. 20-253. Building site area regulations.
No building or structure shall exceed fifty (50)
feet in height.
(Ord. No. 44, § 44.55, 1-8-68)
Sec. 20-254. Conditional uses.
(1) Multiple -family residential units;
(2) Major automotive/boat/manufacturedhnme
service and repair establishments (including body
repairs and painting and similar heavy type uses);
(3) Halfway houses, group homes, and similar
uses;
(4) Small-scale cabinet makers, furniture as-
sembly, and woodworking shops (not to exceed
2,500 sq. ft.);
(5) Small-scale clothing manufacturing (not to
exceed 2,500 sq. ft.);
(6) Mortuary and funeral homes;
(7) Amusement centers (including golf driving
ranges, miniature golf courses, billiard halls,
children's play centers, and similar uses);
(8) Body piercing and tattoo shops.
(Ord. No. 2002-07, § 3, 7-8-02)
Secs. 20-255-20-257. Reserved.
DIVISION 8.5. I-1 LIGHT INDUSTRIAL
Sec. 20-258. In general.
The provisions of this district are intended to
apply to lairds suitable for light industrial land
uses and uses that could cause adverse secondary
effects and influences on surrounding neighbor-
hoods and nonindustrial uses. Such lands should
be located in close proximity to transportation
facilities and away from residential and commen
cial uses. The purpose of this district is to allow
the land uses listed hereunder under such condi-
tions of operation and standards that will protect
nearby residential and commercial uses. All uses
allowed hereunder shall abide by the perfor-
mances standards imposed by local, state, and
federal law and by any development agreement
required by the city.
(Ord. No. 2002-07, § 2, 7-8-02)
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 or more of the following uses:
(1) Light manufacturing, processing and as-
sembly, including:
a. Precision manufacturing;
"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.
S11pp. No. 9 1334
ZONING
b. Electrical machinery and computer
components and chips,$
c. Bottling plants;
d. Recycling of nonhazardous materi-
als;
e. Garments;
f. Bakery products;
g. Ceramics and pottery;
h. Dairy products;
i. Glass and glass products,
j. Pharmaceutical products;
k. Shoes and leather goods (except
leather processing);
1. Brooms and brushes;
m. Candy and confectionery products;
n. Cosmetics and toiletries;
o. Soap products and candles;
p. Jewelry;
q. Optical equipment;
r. Perfume;
s. Plastic products;
t. Silverware and utensils;
u. Spices and spice packing;
v. Stationery; and
w. Toys.
(2) Automotive body repairing and painting;
repair for mobile homes and vehicles with
more than two (2) axles.
(3) Warehousing in enclosed buildings or struc-
tures.
(4) Kennels, pet and animal rescue opera-
tions, animal boarding houses, and
lar animal facilities or operations.
(5) Automotive storage and other kinds of
storage yards of nonhazardous materials.
(6) Research, development, and laboratory
facilities.
(7) Adult entertainment and sexually ori-
ented businesses.
(8) Public and governmental services.
(9) Cabinet makers, furniture assembly and
woodworking shops.
(10) Pawnshops.
(11) Distributing of nonhazardous materials
or products.
(12) Punting, bookbinding, engraving, and pub-
lishing plants.
(13) Radio and television studios and offices.
(14) Cold storage and frozen good lockers.
(15) Laundry and dry cleaning.
(16) Trucking terminals.
(17) Landscaping services.
(18) Record management and data storage fa-
cilities.
(19) Boat building and storage yards.
(Ord. No. 2002-07, § 2, 7-8-02)
N
Sec. 20-260. Building height regulations.
o building or structure shall exceed fifty (50)
feet.
(Ord. No. 2002-07, § 2, 7-8-02)
Sec. 20-261. Conditional uses.
(a) Halfway houses, group homes and similar
uses.
(b) Bulk outdoor storage, but not including
storage of flammable or hazardous materials.
(c) Light manufacturing, processing, and as-
sembly not listed under Section 20-321(1).
(d) Health and exercise clubs.
(e) Welding shops.
(Ord. No. 2002-07, § 2, 7-8-02)
Sec. 20-262. Bulk regulations.
(a) Minimum floor area: Nine hundred (900)
sq. ft.
(b) Minimum lot size: Seven thousand five
hundred (7,500) sq. ft.
(c) Minimum lot width: Seventy-five (75) ft.
(d) Minimum lot depth: One hundred (100) ft.
Supp. No. 5 1334.1
ft.
WINTER SPRINGS CODE
(e) Minimum front setback: Twenty-five (25)
(f) Minimum rear setback: Fifteen (15) ft.
(g) Minimum side interior setback: None; side
corner lot: Fifteen (15) ft.
(Ord. No. 2002-07, § 2, 7-8-02)
Secs. 20-263-20-265. 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
u.u. puNo� � uau
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, an 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
Supp. No. 5 1334.2
ZONING § 20-337
included in determining compli- be incorporated into permitted signs
ance with maximum size allow- and shall be included as part of the
ances, permitted sign area as described be-
4. The sign shall not extend above low:
the roof line of the building to 1. Changeable copy signs shall not
which it is attached, comprise more than twenty-
5. The sign shall be clearly inte- five (25) percent of the permit -
grated in design and materials ted sign area.
with the architecture of the 2. Movie theaters and other per -
building. The sign shall be formance/entertainment facili-
carved into the fabric of the ties may utilize up to eighty
building or securely attached to (80) percent of the permitted
it and mounted so as not to sign area for display of films,
project more than two (2) inches plays or other performances cur -
from the wall surface to which rently showing. Such copy area
it is attached. The maximum shall be included as part of the
thickness of the sign shall be permitted sign area.
two (2) inches. 3. Movie theaters may use up to
6. The sign shall display the name eighty (80) percent of permit -
of one (1) signature business ted wall sign area for display of
and its identifying logo if appli- names, films, plays or other per -
cable. formances currently showing.
(5) Additional signslvariances: Under spe- 4. One (1) changeable copy sign
cial circumstances, such as for parcels on advertising the price of gaso-
corner lots, additional signs consistent line is permitted on gasoline
with these design standards may be ap- station sites provided it shall
proved, upon a request granted by the not exceed twelve (12) square
board of adjustment pursuant to sections feet per sign face.
20-82 and 20-83 or the City Code. The
board of adjustment shall recommend vari- b. The sign face shall be acrylic Pan X
15 or equal.
ances of this sign code in specific cases
where such variances will not be contrary c. The letters and track shall be Wagner
to the public interest and where, owning Zip -Change or equal.
to special conditions, a literal translation
of this sign code would result in unneces- (8) Backlit signs: Backlighting of signs shall
sary hardship. All requirements, proce- be permitted, provided that should neon
dures, findings and appeals of sign code lighting be utilized the neon tubing shall
variances shall follow those provisions for not be exposed.
zoning variances. (9) Window signs: Window signs may be per-
(6) Commercial outdoor advertising (i.e. bill- mitted under special circumstances for
boards): Off -site advertising signs such as retail establishments such as signs inside
billboards are prohibited. and on a window or in a display of mer-
(7) Changeable copy signs: In order to create chandise when incorporated with such a
display. Such window signs may utilize
continuity throughout the corridor all exposed neon tubing for the advertising of
changeable copy signs shall be as follows: products or services provided the size of
a. The sign cabinet shall be all alumi- the sign is less than or equal to four (4)
num extrusion or better as approved square feet. The total area of all window
by staff. Changeable copy signs may signs, shall not exceed twenty (20) per-
Supp. No. 5 1342.47
WINTER SPRINGS CODE
cent of the window glass area to be calcu- e. Marketing signs may be double-
lated separately for each separate store- faced. Sign faces shall be parallel
front. Window signs shall count against and mounted on the same poles. The
total allowable copy area if they are per- copy area shall not exceed sixty-four
manently attached. The use of neon tub- (64) square feet and no more than
ing to outline buildings, windows or doors ten (10) feet in height. The total of a
shall be prohibited. single sign face shall not exceed thir-
ty-two (32) square feet.
(10) Construction signs: One (1) construction f. Marketing signage may be incorpo-
sign, denoting the owner, architect, land- rated within the construction signage,
scape architect, engineer, financial insti- but the signage shall not exceed sixty-
tution, contractors, or containing any state- four (64) square feet in area.
ment pertaining to the project for which a
building permit has been obtained, will be g• Marketing signs may be lighted so
permitted during construction. The con- as to illuminate the lettering on the
struction sign shall not exceed sixty-four sign.
(64) square feet in area and shall not (12) Political signs: Political signs only by per-
ovroorl fmir+oeri (1 Ai f^,^,t it l�.�yrrl�t �,
-- b" Mi L.
sixteen (16) in width. The construction
sign shall be removed from the site by the (13) Prohibited signs: The following signs and/or
owner upon substantial completion of all devices are prohibited in the corridor.
construction, or upon the issuance of a a. Any sign or part of a sign which is
final certificate of occupancy, whichever is designated, devised, or constructed
sooner. If the sign is not removed when so as to rotate, spin, gyrate, turn or
required, it may be removed by the city at move in any animated fashion or
the owner's expense, incorporate any materials to create
the appearance of motion. Signs shall
(11) Marketing sighs (e.g. "space for rent" sign): not incorporate exposed neon tub-
a. Only one (1) marketing sign shall be ing, except as allowed in subsection
permitted on each parcel during the (9) above.
building's "leasing period". At the b. Any sign painted directly on any
end of the leasing period, marketing exterior wall,
signage shall be removed from the c. Signs projecting more than six (6)
site by the owner of the site, inches in depth.
b. All marketing signs shall be submit- d. Roof signs.
ted to the city for approval and loca- e. Bench signs.
tion prior to the sign's installation.
£ Snipe signs (e.g. signs attached to
c. Marketing signs shall be set back a trees and poles),
minimum of twenty-five (25) feet from g. Freestanding signs unless otherwise
the front, side and rear property provided for herein.
lines. They shall not create a visibil-
ity obstruction to vehicular traffic. h. Trailer signs.
d. For parcels in excess of five (5) acres i. Signs attached to temporary struc-
tures.
or with frontage on more than one
(1) road, one (1) additional market- j• Billboards.
ing sign may be permitted. Signs k. Any vehicle with a sign or signs
must be a minimum of two hundred attached thereto or placed thereon
(200) feet apart. with three exceptions as follows: (a)
Supp. No. 5 1342.48
ZONING
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 fiom
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
road, or (c) a trailer placed on a job b. Signs for specific events shall be
site during construction. removed within two (2) working days
after conclusion of the event. A fi ee-
l. Pole signs. standing temporary sign shall be no
m. Balloon signs. larger than a maximum of thirty-
n. Ribbon signs. two (32) square feet, and may be
double sided. Banner signs may be
o. Backlit awning signs. sized to extend across roads.
(14) Permanent flags: Only project flags or
governmental flags shall be permitted in (16) Maintenance: All signs and associated ap-
conformance with the following stan- paratus shall be maintained by the owner
dards: of the site. Violations shall be processed
a. One (1) flagpole and one (1) flag may through the city's code enforcement divi-
be permitted per parcels of two (2)
sion.
acres or more. (o) Nonconforming signs:
b. The maximum width from top to
bottom of any flag shall be twenty (1) Any sign, other than billboards, having
(20) percent of the total distance of an original cost in excess of one hundred
the flag pole. dollars ($100.00) and which is nonconform-
c. Flagpoles shall maintain the same ing as to permitted sign area or any other
reason which would necessitate the com-
setback requirements as project iden- plete removal or total replacement of the
tification signs, sign, may be maintained a period of from
d. Flagpole heights shall be between one (1) to five (5) years from the effective
twenty (20) and thirty-five (35) feet date of these design standards. The term
in height above grade, of years to be determined by the cost of
e. A project flag shall only contain in- the sign or of renovation, including instal -
formation permitted on the project lation cost, shall be as follows:
identification sign. Aproject flag shall Permitted Years from
be submitted to the development re- Sign Cost or Effective Date of Design
view committee for approval. Renovation Cost Standards
(15) Temporary signs for special events: $0—$3,000 Over $10,000
$3,001—$10,000 2
a. Permits for temporary signs, such as
pennant and banner signs, not oth- (2) Violations shall be subject to Chapter 2,
erwise prohibited are allowed for such Article 3, Division 2, Code Enforcement,
purposes as auctions, special events, City of Winter Springs Code of Ordi-
notice of opening of new businesses, nances,
and going out of business sales. Per-
mits for temporary signs shall autho- (p) Greeneway District Gateway Identification
rize the erection of the signs and Sign: One (1) architectural feature may be located
maintenance thereof for a period not adjacent to the Greeneway right-of-way within
Supp. No. 5 1342.49
WINTER SPRINGS CODE
the northeast quadrant of the district that iden-
tifies the overall Greenway Interchange develop-
ment consistent with the following:
(1) Maximum height of thirty-five (35) feet as
measured above existing grade without a
special exception being granted by the
city commission.
(2) Copy area can only identify the name of
the overall development and the City of
Winter Springs.
(3) Consistent in design and materials with
the architecture of the overall develop-
ment.
(4) No part of the architectural feature may
be designed, devised, or constructed so as
to rnt.ntpY snip (mmntP tarn n,• mnl(7e In
any animated fashion. The architectural
feature shall not incorporate reflective
materials so as to create the appearance
of motion.
(5) In no way shall this architectural feature
resemble an outdoor advertising sign Will -
board).
(6) The words "Winter Springs" shall be in-
corporated into the sign.
(Ord. No. 725, 8-23-99; Ord. No. 2003-06, § 3,
12-8-03)
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-
velopment regulations.
(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.
(b) Mechanical equipment and appurtenances,
including but not limited to air conditioner units,
ventilation equipment, refrigeration systems, heat-
Supp. No. 5 1342.50
ZONING
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
§ 20-340
Supp. No. 5 1342.50.1
§ 20-34U WINTER SPRINGS CODE
[THIS PAGE INTENTIONALLY LEFT BLANK]
Supp. No. 5 1342.50.2
ZONING
Building Size (Gross Floor
Area)
Under 753000 square feet
75,000-250,000 square feet
Over 250,000 square feet
Anchor Tenant Additional
Sign
2 of 12 square feet
3 of 12 square feet
4 of 12 square feet
IV
An anchor tenant is defined as the of the sign. Landscaping shall be
major retail store(s) in a center that incorporated around the base to in-
is/are in excess of one hundred (100) clude low growing shrubs and ground
front feet and a minimum area of ten cover and/or annuals to promote color.
thousand (10,000) square feet.
(3) Building mounted multi -tenant identifica-
(2) Ground mounted single -tenant identifica- tion sign for buildings with separate exte-
tion sign: One (1) wide -based monument rior tenant entrances: In addition to the
style, permanent project sign shall be ground mounted identification sign, ten -
permitted per single -tenant parcel. One ant signs shall be permitted on the exte-
additional permanent wide -based monu- rior walls of the building at a location
ment style project identification sign may near the principal tenant entrance, and
be permitted for parcels in excess of one be consistent with the following criteria:
(1) acre with more than one (1) ingress/ a. Shall only advertise one (1) person,
egress serving more than one (1) building. firm, company, corporation or major
The minimum separation for all signs on enterprise occupying the premises.
an individual ownership parcel shall be
two hundred (200) feet. b. The sign(s) shall be clearly inte-
grated with the architecture of the
a. Shall only advertise one (1) person, building, and shall be consistent in
firm, company, corporation or major design, format, and materials with
enterprise occupying the premises. the architecture of the proposed build-
b. Shall be located no closer than fif- ing.
teen (15) feet from the front, side or c. The sign(s) shall not either project
rear property lines. above any roof or exceed a height of
C. Shall not exceed two (2) faces. fourteen (14) feet.
d. Sign copy area shall not exceed thirty- d. Wall signs shall display only one (1)
two (32) square feet per face. For surface and shall not be mounted
parcels in excess of 4.0 acres, the more than six (6) inches from any
project identification sign face may wall.
be increased to forty-eight (48) square e. When more than one (1) tenant sign
feet. is used on one (1) building, all tenant
e. Shall be consistent in design, format signage shall be consistent in size,
and materials with the architecture materials, and placement.
of the proposed building. f. The maximum size of sign letters
f. The sign shall not be more than and logos, including any sign back -
eight (8) feet in height above the grounds, shall be twenty-four (24)
inches in height for individual ten -
closest driveway or vehicular use ants other than anchor tenants. The
area. maximum height of letters and logos
g. Signs shall be in an enclosed base for anchor tenants in a retail center
that is at a minimum the full width shall not exceed twenty-five (25) per -
Supp. No. 5 1385
WINTER SPRINGS CODE
cent of the building height. An an-
chor tenant is defined as the major
retail store(s) in a center that is/are
in excess of one hundred (100) front
feet and a minimum area of ten
thousand (10,000) square feet.
g. The length of the sign may occupy
up to seventy (70) percent of the
linear feet of the storefront the busi-
ness occupies. The anchor tenant
may have the signage permitted for
a building mounted single tenant
identification sign.
h. For office buildings without separate
exterior tenant entrances, one wall
sign not exceeding two (2) square
feet shall be permitted identifying
6acli 111U1V 1U6 Ual Ledaa. 111C blgn bllan
be located adjacent to the building
entrance.
(4) Building mounted single tenant identifi-
cation s7giw In noditinn to the ,T•ound
Building Size
(Gross Floor Areal
Less than 50,000
square feet
50,000 to 100,000
square feet
Over 100,000
square feet
Max. Copy Area
16 square feet
32 square feet
48 square feet
(5) Additional signs/variances: Under spe-
cial circumstances, such as for parcels on
corner lots, additional signs consistent
with these design standards may be ap-
proved by the city commission, upon a
request submitted to the board of adjust-
ment pursuant to sections 20-82 and 20-83
of the City Code. The board of adjustment
shall recommend variances of this sign
code in specific cases where such vari-
ances will not be contrary to the public
interest and where, due to special condi-
tions, a literal translation of this sign code
would result in unnecessary hardship. All
Supp. No. 9 1386
mounted identification sign, a building
mounted identification sign may be per-
mitted consistent with the following crite-
ria:
a. Shall only advertise one (1) person,
firm, company, corporation or major
enterprise occupying the premises.
b. The identification sign is located on
the exterior wall of a building.
c. The sign shall be clearly integrated
with the architecture.
d. The sign shall not either project above
any roof or exceed the height of four-
teen (14) feet.
e. The sign shall disr�lay only one (1)
surface and shall not project more
than six (6) inches from any wall.
£ Signs shall conform to the following
^chedule:
Max. Letter• Height
2 feet
25% height of
building
25 o height of
building
requirements, procedures, findings and
appeals of sign code variances shall follow
those provisions for zoning variances.
(6) Commercial outdoor advertising (i.e., bill-
boards). Off -site advertising signs such as
billboards are prohibited.
(7) Changeable copy signs. In order to create
continuity throughout the corridor all
changeable copy signs shall be as follows:
a. The sign cabinet shall be all alumi-
num extrusion or better as approved
by staff. Changeable copy signs may
be incorporated into permitted signs
ZONING § ZV-470
and shall be included as part of the lated separately for each separate store -
permitted sign area as described be- front. Window signs shall count against
low: total allowable copy area if they are per-
t. Changeable copy signs shall not manently attached. The use of neon tub -
comprise more than twenty- ing to outline buildings, windows or doors
five (25) percent of the permit- shall be prohibited.
ted sign area;
(10) Construction signs: One (1) construction
2. Movie theaters and other per- sign, denoting the owner, architect, land-
formance/entertainment facili- scape architect, engineer, financial insti-
ties may utilize up to eighty tution, contractors, or containing any state-
(80) percent of the permitted ment pertaining to the project for which a
sign area for display of films, building permit has been obtained, will be
plays or other performances cur- permitted during construction. The con-
rently showing. Such copy area struction sign shall not exceed sixty-four
shall be included as part of the (64) square feet in area and shall not
permitted sign area. exceed fourteen (14) feet in height or
3. Movie theaters may use up to sixteen (16) feet in width. The construc-
eighty (80) percent of permit- tion sign shall be removed from the site by
ted wall sign area for display of the owner upon substantial completion of
names, films, plays or other per- all construction, or upon the issuance of a
formances currently showing, final certificate of occupancy, whichever is
4. One (1) changeable copy sign sooner. If the sign is not removed when
advertising the price of gaso- required, it may be removed by the city at
line is permitted on gasoline the owner's expense.
station sites provided it shall
(11) Marketing signs (e.g., "Space for Rent"
not exceed twelve (12) square
sign):
feet per sign face.
b. The sign face shall be acrylic Pan X a. Only one (1) marketing sign shall be
15 or Equal. permitted on each parcel during the
building's "leasing period." At the
c. The letters and track shall be Wagner end of the leasing period, marketing
Zip -Change or Equal. signage shall be removed from the
(8) Backlit signs: Backlighting of signs shall site by the owner of the site.
be permitted, provided that should neon b. All marketing signs shall be submit -
lighting be utilized the neon tubing shall ted to the city for approval and loca-
not be exposed. tion prior to the sign's installation.
(9) Window signs: Window signs may be per- c. Marketing signs shall be set back a
mitted under special circumstances for minimum of twenty-five (25) feet from
retail establishments such as signs inside the fi•ont, side and rear property
and on a window or in a display of mer- lines. They shall not create a visibil-
chandise when incorporated with such a ity obstruction to vehicular traffic.
display. Such window signs may utilize
exposed neon tubing for the advertising of d. For parcels in excess of five (5) acres
products or services provided the size of or with frontage on more than one
the sign is less than or equal to four (4) (1) road, one (1) additional market -
square feet. The total area of all window ing sign may be permitted. Signs
signs, shall not exceed twenty (20) per- must be a minimum of two hundred
cent of the window glass area to be calcu- (200) feet apart.
Supp. No. 5 1387
WINTER SPRINGS CODE
e. Marketing signs may be double faced.
Sign faces shall be parallel and
mounted on the same poles. The
total copy area shall not exceed sixty-
four (64) square feet and no more
than ten (10) feet in height. The total
of a single face shall not exceed thirty-
two (32) square feet.
£ Marketing signage may be incorpo-
rated within the construction signage,
but the signage shall not exceed sixty-
four (64) square feet in area.
g. Marketing signs may be lit so as to
illuminate the lettering on the sign.
(12) Political signs: Only by perinit.
(13) Electronic date, time and temperature in-
formational signs: Electronic date, time
and temperature informational signs are
permitted. Such signs shall be counted as
part of the total copy area of the overall
sign.
(14) Prohibited signs: The following signs and/or
devices are prohibited in the corridor.
a. Any sign or part of a sign which is
designed, devised, or constructed so
as to rotate, spin, gyrate, turn or
move in any animated fashion or
incorporate any materials to create
the appearance of motion. Signs shall
not incorporate exposed neon tub-
ing, except as allowed in subsection
(9) above.
b. Any sign painted directly on any
exterior wall.
c. Signs projecting more than six (6)
inches in depth.
d. Roof signs.
e. Bench signs.
f. Snipe signs (e.g., signs attached to
trees and poles).
g. Freestanding signs unless otherwise
provided for herein.
h. Trailer signs.
i. Signs attached to temporary struc-
tures.
j. Billboards.
k. Any vehicle with a sign or signs
attached thereto or placed thereon
with three (3) exceptions as follows:
(a) any vehicle when parked or stored
within the confines of a building; or
(b) any vehicle upon which is placed
a sign identifying a firm or its prin-
cipal product if such vehicle is one
which is operated during the normal
course of business and shall be parked
in the least visible spot from the
road; or (c) a trailer placed on a job
site during construction.
1. Pole signs.
m. Balloon signs.
n. Ribbon signs.
o. Backlit awning signs.
(15) Permanent flags: Only project flags or
govefillnei�tal hags sllali be permitted ill
conformance with the following stan-
dards:
a. One (1) flagpole and one (1) flag may
be permitted per parcels of two (2)
acres or more.
b. The maximum width from top to
bottom of any flag shall be twenty
(20) percent of the total distance of
the flag pole.
c. Flagpoles shall maintain the same
setback requirements as project iden-
tification signs.
d. Flagpole heights shall be between
twenty (20) and thirty-five (35) feet
in height above grade.
e. A project flag shall only contain in-
formation permitted on the project
identification sign. Aproject flag shall
be submitted to the design review
board for approval.
(16) Tempormy signs for special events.
a. Permits for temporary signs, such as
pennant and banner signs, not oth-
erwise prohibited are allowed for such
purposes as auctions, special events,
Supp. No. 5 1388
ZONING
notice of opening of new businesses,
and going -out -of -business sales. Per-
mits for temporary signs shall autho-
rize the erection of the signs and
maintenance thereof for a period not
exceeding fourteen (14) days; and
permits cannot be renewed on the
same sign, nor shall another tempo-
rary permit be issued on the same
location, within ninety (90) days from
the date of expiration of any previ-
ously issued temporary permit.
b. Signs for specific events shall be
removed within two (2) working days
after conclusion of the event. A free-
standing temporary sign shall be no
larger than thirty-two (32) square
feet, and may be double sided. Ban-
ner signs may be sized to extend
across roads.
(17) Maintenance: All signs and associated ap-
paratus shall be maintained by the owner
of the site. Violations shall be processed
through the city's code enforcement divi-
sion.
(18) Nonconforming signs.
a. Any sign, other than billboards, which
is nonconforming shall be amortized
and may be maintained until Novem-
ber 14, 2002.
b. At or prior to November 14, 2002, all
nonconforming signs shall be re-
moved and may be replaced with
signs that conform to the design stan-
dards set forth in the S.R. 434 New
Development regulations.
c. Violations shall be subject to Chap-
ter 2, Article 3, Division 2, Code
Enforcement, City of Winter Springs
Code of Ordinances.
(Ord. No. 675, 12-8-97; Ord. No. 200047, § 1,
6-12-00; Ord. No. 2003-06, § 3, 12-8-03)
Sec. 20-471. Utility lines.
All new or relocated utility lines within the
designated corridor shall be constructed and
in-
stalled beneath the surface of the ground unless it
Supp. No. 5 1389
is determined by the city that soil, topographical,
or any other compelling conditions, make the
underground installation of such utility lines as
prescribed herein unreasonable and impractica-
ble.
(1) It shall be the developer's responsibility
on -site to make the necessary arrange-
ment with each utility in accordance with
the utility's established policy.
(2) The underground installation of inciden-
tal appurtenances, such as transformer
boxes, switch boxes, or pedestal mounted
boxes for the provision of electricity shall
not be required. However, such appurte-
nances where not rendered impractical by
the determination of the city shall be
installed on the site of any development
approved after the adoption of this sec-
tion. The necessary easements to allow
the utility company access and service to
such appurtenances shall be dedicated to
the service provider by the developer prior
to issuance of a building permit.
(3) A11 transformers and switch boxes related
to development approved after the adop-
tion of this section shall be set back a
minimum of fifteen (15) feet from any
right -of --way and visually screened using
landscape materials or masonry construc-
tion in conformance with these land de-
velopment regulations.
(Ord. No. 675, 12-8-97)
Sec. 20-472. Corridor access management.
(a) A system of joint use curbed driveways and
cross access easements shall be established wher-
ever feasible along the S.R. 434 Corridor and the
building site shall incorporate the following:
1) Across access corridor extending the en-
ti
(re length of each block served to provide
for driveway separation (consistent with
the F.D.O.T. access classification system
and standards).
(2) A design speed of ten (10) mph and suffi-
cientwidth to accommodate two-way travel
§ 20-41 Z
WINTER SPRINGS CODE
aisles designed to accommodate automo-
biles, service vehicles, and loading vehi-
cles.
(3) Stub -outs and other design features to
make it visually obvious that the abutting
proper -ties may be tied in to provide cross -
access via a service drive.
(4) A unified access and circulation system
plan that includes coordinated or shared
parking areas is encouraged wherever fea-
sible.
(b) Shared parking areas shall be permitted a
reduction in required parking spaces if peak de-
mand periods for proposed land uses do not occur
at the same time periods.
(c) Pursuant to this section, property owners
shall:
(1) Record an easement in the public records
allowing cross access to and from other
properties served by the joint use drive-
ways and cross access or service drive;
(2) Record an agreement in the public records
that remaining access rights along the
thoroughfare will be dedicated to the city
and pre-existing driveways will be closed
and eliminated after construction of the
joint -use driveway.
(3) Record a joint maintenance agreement in
the public records defining maintenance
responsibilities of property owners.
(d) The city engineer may
separation distance of access
reduce required
(1) Joint access driveways and cross access
easements are provided where feasible in
accordance with this section.
(2) The site plan incorporates a unified ac-
cess and circulation system in accordance
with this section.
(3) The property owner shall enter a written
agreement with the city, recorded in the
public records, that pre-existing connec-
tions on the site will be closed and elimi-
nated after construction of each side of
the joint use driveway.
(e) The Florida Department of Transportation
(FDOT) has established minimum spacing require-
ments for the GreeneWay (S.R. 417) Interchange
Area.
(Ord. No. 675, 12-8-97)
Sec. 20-473. Building and screening design
guidelines.
(a) Projects shall use materials consistent with
materials used in the area, acceptable materials
include stucco, split -faced or decorative concrete
block, reinforced concrete with tile, and brick and
+arra rn++a a�r�n+ mafr�ri�l Tr»nnrn
viaIs are river rock, unfinished timber (un-
painted), shake roofs, reflective/mirror glass, and
metal siding. Materials should be of high quality
and well crafted.
(b) Mechanical equipment and appurtenances,
including but not limited to air conditioner units,
ventilation equipment, refifigeration systems, heat-
ing units, etc., must be screened so that they are
not visible from any public right-of-way. The screen
shall consist of a solid wall, facade, parapet or
other similar screening material which is archi-
tecturally compatible and consistent with the
associated building. Such screening material shall
extend at least one (1) foot above the object to be
screened. If landscaping is utilized, the plantings
must be high enough within one (1) year of
planting to provide a screen which will screen the
entire unit. In the case of satellite dishes, they
shall be screened from view from ground level of
adjacent rights -of -way and properties by build-
ings, dense landscaping or screen walls. The de-
sign review board may permit dishes on buildings
if no part of the dish is visible from the ground of
sur ounding properties. Setbacks for antennas
and satellite dishes shall be the same as the
building setbacks.
(c) 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-
Supp. No. 9 1390
ZONING
rials are utilized, such material shall be consis-
tent with the architectural design of the principal
structures.
(d) Side and rear elevations of buildings
ble from a public street or adjacent property shall
be designed in the same architectural style as the
main facade.
(e) All doors for service entrances or bays shall
not face a public street unless they are screened to
obscure service activities.
(f) Outparcels shall conform to the architec-
tural, signage, and landscape theme of the overall
project and must share an internal access with
the overall project.
(g) Newspaper, magazine and other such vend-
ing machines, ATM's, pay telephones, and 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.
(h) Exterior lighting shall be a cut-off light
source to protect adjacent properties from glare.
All exterior lighting shall be consistent and com-
patible throughout the project.
(i) Buildings with multiple storefront entries
are encouraged to incorporate overhangs in the
design of front facades as appropriate to promote
pedestrian activity.
(j) Backflow preventers and other aboveground
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.
(k) Drive-thru pick up windows shall not front
on S.R. 434.
(Ord. No. 675, 12-8-97; Ord. No. 2002-13, § 2,
5-13-02)
Sec. 20-474. Development agreement.
Any developer may propose to enter into a
development agreement with the city designed to
set An terms and conditions appropriate to
meet the circumstances of the specific proposed
development. Such development agreement shall
be reviewed and approved by the city commission.
The city commission may vary the standards of
this division, including building or perimeter set-
backs, parking standards, signage, and other stan-
dards. If an increase in building height beyond
fifty-five (55) feet is requested, the city commis-
sion must find that fire department capabilities
are adequate to address the change. Such consid-
eration shall be based on building site constraints
or physical characteristics of the property; pro-
vided specifically, however, that any such conces-
sions for a constrained site shall only be consid-
ered by the city commission in a development
agreement if enhanced perimeter landscaping or
buffering is provided to assure that the objectives
of this article are achieved.
(Ord. No. 675, 12-8-97)
Sec. 20-475. Reserved.
Editor's note —Ord. No. 2003-43, § 2, adopted Jan. 26,
2001, repealed former section 204475 in its entirety which
pertained to the corridor design review board and derived
from Ord. No. 675, adopted Dec. 8, 1997.
Secs. 20-476-20-479. Reserved.
DIVISION 3. GENERAL DESIGN
STANDARDS FOR REDEVELOPMENT AREA*
Sec. 20-480. Applicability to redevelopment
overlay zoning district.
The following design standards shall apply to
the Redevelopment Overlay Zoning District which
includes all properties (involving the entire par-
cel) lying within the corporate limits of the City of
Winter Springs adjacent to the S.R. 434 right-of-
way from U.S. 17/92 eastward to Hayes Road.
(Ord. No. 683, 11-10-97)
Sec. 20-481. Building height.
No building shall exceed thirty-five (35) feet in
height. For the purpose of these design standards,
buiWing height shall be measured from ground
*Editor's note —Ord. No. 683, adopted Nov. 10, 1997,
amended the Code by adding provisions designated as §§ 20-
460-20-471. In order to reserve sections for future use, the
editor has redesignated the provisions of Ord. No. 683 as
herein set out.
Supp. No. 5 1391
WINTER SPRINGS CODE
level to the highest point of the coping of a flat
roof or the mean height level between eaves and
ridge for gable, hip or gambrel roofs.
(Ord. No. 683, 11-10-97)
Sec. 20-482. Setbacks.
(a) No improvement shall be located on any
property closer to any property line than the
minimum setbacks set forth below:
Buildings Parizing
Front:
S.R. 434 25 feet 10 feet
Collector street 25 feet 10 feet
Internal street 15 feet 10 feet
Side: 10 feet 5 feet
Rear: 10 feet 5 feet
(b) The narrowest dimension of a lot adjoining
a road right -of --way shall determine its front for
the purpose of establishing yard requirements.
(c) All sides of a lot adjacent to streets shall be
considered front yards.
(d) The following structures are specifically
excluded 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 committee may consider, without limiting
the scope of their review, the following: (i) the
extent to which any hardship exists that would
justify a variance from the normal setback require-
ments; (ii) the aesthetics of the proposed improve-
ments and their visibility from common roads and
adjacent properties; (iii) the consent or objections
of adjacent property owners; and (iv) the nature
and use of the proposed improvements. It is the
owner's burden and responsibility to provide such
information and documentation as may be re-
quested by the design review board in order to
justify to the design review board that the intru-
sion of additional improvements within the nor-
mal setbacks is beneficial to the corridor and will
not adversely affect adjacent property owners.
(Ord. No. 683, 11-10-97)
Sec. 20-483. Off-street parking and drive-
way requirements.
(a) Paved driveway and parking spaces: All
driveways and parking spaces shall be paved with
asphaltic concrete and/or concrete and shall be
curbed.
(b) On -site par7ahzg: All parking areas shall be
on -site and shall be adequate to serve all employ-
ees, visitors and company vehicles.
(c) Rights -of --way: Parking is prohibited on
rights -of -way or along driveways.
(d) Parking space size: Each off-street parking
space shall be a minimum of two hundred (200)
square feet, 10' x 20', in addition to space for
access drives and aisles. The minimum width of
each space shall be ten (10) feet. The two (2) foot
area of paving at the end of each parking space
may be omitted provided the area is landscaped
with sod or another acceptable ground cover. The
two -foot landscaped area shall not be counted
toward any other green space requirement or
setback. Lines demarcating parking spaces may
Supp. No. 5 1392
ZONING
be drawn at various angles in relation to curbs or
aisles, so long as the parking spaces so created
contain within them the rectangular area re-
quired. Up to twenty-five (25) percent of the
parking spaces may be nine (9) feet by twenty (20)
feet to accommodate compact cars.
§ 20-400
Supp. No. 5 1392.1
§ zv-483 WINTER SPRINGS CODE
[THIS PAGE INTENTIONALLY LEFT BLANK]
Supp. No. 5 1392.2
ZONING
mounted identification sign may be per-
mitted consistent with the following crite-
ria:
a. Shall only advertise one (1) person,
firm, company, corporation or major
enterprise occupying the premises.
b. The identification sign is located on
the exterior wall of a building.
c. The sign shall be clearly integrated
with the architecture.
Building Size
(Gross Floor Area)
Less than 50,000
square feet
50,000 to 100,000
square feet
Over 100,000
square feet
Max. Copy Area
16 square feet
32 square feet
48 square feet
(5) Additional Signs/Variances: Under spe-
cial circumstances, such as for parcels on
corner lots, additional signs consistent
with these design standards may be ap-
proved by the city commission, upon a
request submitted to the board of adjust-
ment pursuant to section 20-82 and 20-83
or the city Code. The board of adjustment
shall recommend variances of this sign
code in specific cases where such vari-
ances will not be contrary to the public
interest and where, due to special condi-
tions, a literal translation of this sign code
would result in unnecessary hardship. All
requirements, procedures, findings and
appeals of sign code variances shall follow
those provisions for zoning variances.
(6) Commercial outdoor advertising (i.e. bill-
boards): Off -site advertising signs such as
billboards are prohibited.
(7) Changeable copy signs: In order to create
continuity throughout the corridor all
changeable copy signs shall be as follows:
a. The sign cabinet shall be all alumi-
num extrusion or better as approved
by staff. Changeable copy signs may
d. The sign shall not project above any
roof or canopy elevations, and the
top of the sign shall not be higher
than fourteen (14) feet above the
main entry floor.
e. The sign shall display only one (1)
surface and shall not project more
than six (6) inches from any wall.
£ Signs shall conform to the following
schedule:
Max. Letter Height
2 feet
25% height of
building
25% height of
building
be incorporated into permitted signs
and shall be included as part of the
permitted sign area as described be-
low:
1. Changeable copy signs shall not
comise
prmore than twenty-
five (25) percent of the permit-
ted sign area;
2. Movie theaters and other per-
formance/entertainment facili-
ties may utilize up to eighty
(80) percent of the permitted
sign area for display of films,
plays or other performances cur-
rently showing. Such copy area
shall be included as part of the
permitted sign area.
3. Movie theaters may use up to
eighty (80) percent of permit-
ted wall sign area for display of
names, films, plays or other per-
formances currently showing.
4. One (1) changeable copy sign
advertising the price of gaso-
line is permitted on gasoline
station sites provided it shall
not exceed twelve (12) square
feet per sign face.
Supp. No. 5 1399
WINTER SPRINGS CODE
b. The sign face shall be acrylic Pan X end of the leasing period, marketing
15 or Equal, signage shall be removed from the
c. The letters and track shall be Wagner site by the owner of the site.
Zip -Change or Equal. b. All marketing signs shall be submit-
(8) Backlit signs: Backlighting of signs shall ted to the city for approval and loca-
be permitted, provided that should neon tion prior to the sign's installation.
lighting be utilized the neon tubing shall c. Marketing signs shall be set back a
not be exposed, minimum of twenty-five (25) feet from
(9) Window signs: Window signs may be per- the front, side and rear property
mitted under special circumstances for lines. They shall not create a visibil-
retail establishments such as signs inside ity obstruction to vehicular traffic,
and on a window or in a display of mer- d. For parcels in excess of five (5) acres
chandise when incorporated with such a or with frontage on more than one
display. Such window signs may utilize (1) road, one (1) additional market -
exposed neon tubing for the advertising of ing sign may be permitted. Signs
products or services provided the size of must be a minimum of two hundred
une sigh is less iman or equal co lour (4) (200) feet apart.
square feet. The total area of all window e. Marketing signs may be double faced.
signs, shall not exceed twenty (20) per- Sign faces shall be parallel and
cent of the window glass area to be calcu- mounted on the same poles. The
rated separately for each separate store- total copy area shall not exceed sixty -
front. Window signs shall count against four (64) square feet and no more
total allowable copy area if they are per- than ten (10) feet in height. The total
manently attached. The use of neon tub- of a single face shall not exceed thirty-
ing to outline buildings, windows or doors two (32) square feet,
shall be prohibited.
(10) Construction signs: One (1) construction £ Marketing signage may be incorpo-
rated within the construction signage,
sign, denoting the owner, architect, land- but the signage shall not exceed sixty
scape architect, engineer, financial insti- four (64) square feet in area.
tution, contractors, or containing any state-
ment pertaining to the project for which a g. Marketing signs may be fit so as to
building permit has been obtained, will be illuminate the lettering on the sign,
permitted during construction. The con- (12) Political signs: Only by permit.
struction sign shall not exceed sixty-four
(64) square feet in area and shall not (13) Electronic date, time and temperature in -
exceed fourteen (14) feet in height or formational signs: Electronic date, time
width. The construction sign shall be re- and temperature informational signs are
moved from the site by the owner upon permitted. Such signs shall be counted as
substantial completion of all construction, part of the total copy area of the overall
or upon the issuance of a final certificate sign,
of occupancy, whichever is sooner. If the (14) Prohibited signs: The following signs and/or
sign is not removed when required, it may devices are prohibited in the corridor.
be removed by the city at the owner's
expense. a. Any sign or part of a sign which is
designed, devised, or constructed so
(11) Marketing signs (e.g. space for rent sign): as to rotate, spin, gyrate, turn or
a. Only one (1) marketing sign shall be move in any animated fashion or
permitted on each parcel during the which incorporates any material to
building's "leasing period". At the create the appearance of motion.
Supp. No. 5 1400
ZONING § 20-486
Signs shall not incorporate exposed c. Flagpoles shall maintain the same
neon tubing, except as allowed in setback requirements as project iden-
subsection (9) above. tification signs.
b. Any sign painted directly on any d. Flagpole heights shall be between
exterior wall. twenty (20) and thirty-five (35) feet
c. Signs projecting more than six (6) in height above grade.
inches in depth. e. A project flag shall only contain in-
d. Roof signs. formation permitted on the project
e. Bench signs. identification sign. Aproject flag shall
be submitted to the design review
f. Snipe signs (e.g. signs attached to board for approval.
trees and poles).
i(16) Temporary signs for special events.
g. Freestanding signs unless otherwise
provided for herein. a. Permits for temporary signs, such as
h. Trailer signs, pennant and banner signs, not oth-
erwise prohibited are allowed for such
i. Signs attached to temporary struc- purposes as auctions, special events,
tures. notice of opening of new businesses,
j. Billboards. and going out of business sales. Per-
mits for temporary signs shall autho-
k. Any vehicle with a sign or signs size the erection of the signs and
attached thereto or placed thereon maintenance thereof for a period not
with three exceptions as follows: (a) exceeding fourteen (14) days, and
any vehicle when parked or stored permits cannot be renewed on the
within the confines of a building; or
(b) any vehicle upon which is placed same sign, nor shall another tempo-
rary permit be issued on the same
a sign identifying a firm or its prin- location, within ninety (90) days from
cipal product if such vehicle is one the date of expiration of any previ-
which is operated during the normal ously issued temporary permit.
course of business and shall be parked
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
larger than thirty-two (32) square
m. Balloon signs. feet, and may be double sided. Ban-
n. Ribbon signs. ner signs may be sized to extend
o. Backlit awning signs. across roads.
(15) Permanent flags: Only project flags or (17) 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-
sion.
a. One (1) flagpole and one (1) flag may
be permitted per parcel. (18) Nonconforming signs.
b. The maximum width from top to a. Any sign, other than billboards, which
bottom of any flag shall be twenty is nonconforming shall be amortized
(20) percent of the total distance of and may be maintained until Novem-
the flag pole. ber 14, 2002.
Supp. No. 5 1401
WINTER SPRINGS CODE
b. At or prior to November 14, 2002, all
nonconforming signs shall be re-
moved and may be replaced with
signs that conform to the design stan-
dards set forth in the S.R. 434 Rede-
velopment regulations.
c. Violations shall be subject to Chap-
ter 2, Article III, Division 2, Code
Enforcement, City of Winter Springs
Code of Ordinances.
(Ord. No. 683, 11-10-97; Ord. No. 2000-17, § 1,
6-12-00; Ord. No. 2003-06, § 3, 12-8-03)
Sec. 20-487. Utility lines.
All new or relocated utility lines within the
designated corridor shall be constructed and in-
stalled beneath the surface of the ground unless it
is determined by the city that soil, topographical,
or any other compelling conditions, make the
underground installation of such utility lines as
prescribed herein unreasonable and impractica-
ble.
(1) It shall be the developer's responsibility
on -site to make the necessary arrange-
ment with each utility in accordance with
the utility's established policy.
(2) The underground installation of inciden-
tal appurtenances, such as transformer
boxes, switch boxes, or pedestal mounted
boxes for the provision of electricity shall
not be required. However, such appurte-
nances where not rendered impractical by
the determination of the city shall be
installed on the site of any development
approved after the adoption of this sec-
tion. The necessary easements to allow
the utility company access and service to
such appurtenances shall be dedicated to
the service provider by the developer prior
to issuance of a building permit.
(3) All transformers and switch boxes related
to development approved after the adop-
tion of this section shall be set back a
minimum of fifteen (15) feet fiom any
right-of-way and visually screened using
landscape materials or masonry construc-
tion in conformance with these land de-
velopment regulations.
(Ord. No. 683, 11-10-97)
Sec. 20-488. Corridor access management.
(a) A system of joint use curbed driveways and
cross access easements shall be established wher-
ever feasible along the S.R. 434 Corridor and the
building site shall incorporate the following:
(1) Across access corridor extending the en-
tire length of each block served to provide
for driveway separation (consistent with
the access classification system and stan-
dards).
(2) A design speed of ten (10) mph and sutii-
cient width to accommodate two-way travel
aisles designed to accommodate automo-
biles, service vehicles, and loading vehi-
cl c,J.
(3) Stub -outs and other design features to
make it visually obvious that the abutting
properties may be tied in to provide cross.
access via a service drive.
(4) A unified access and circulation system
plan that includes coordinated or shared
parking areas is encouraged wherever fea-
sible.
(b) Shared parking areas shall be permitted a
reduction in required parking spaces if peak de-
mand periods for proposed land uses do not occur
at the same time periods.
(c) Pursuant to this section, property owners
shall:
(1) Record an easement in the public records
allowing cross access to and from other
properties served by the joint use drive-
ways and cross access or service drive;
(2) Record an agreement in the public records
that remaining access rights along the
thoroughfare will be dedicated to the City
of Winter Springs and pre-existing drive-
ways will be closed and eliminated after
construction of the joint -use driveway.
Supp. No. 5 1402
ZONING
(3) Record a joint maintenance agreement in
the public records defining maintenance
responsibilities of property owners.
(d) The city engineer may reduce required
separation distance of access points, except as
provided herein, where they prove impractical,
provided all of the following requirements are
met:
(1) Joint access driveways and cross access
easements are provided where feasible in
accordance with this section.
(2) The site plan incorporates a unified ac-
cess and circulation system in accordance
with this section.
(3) The property owner shall enter a written
agreement with the City of Winter Springs,
recorded in the public records, that pre-
existing connections on the site will be
closed and eliminated after construction
of each side of the joint use driveway.
(e) In the design of a system of joint use
driveways and cross access easements, building
sites involving garage doors and bays associated
with any use within the district shall be located
perpendicular to S.R. 434.
(Ord. No. 683, 11-10-97)
Sec. 20-489. Building and screening design
guidelines.
(a) Projects are encouraged to use materials
consistent with materials used in the area. Ac-
ceptable materials include stucco, concrete block,
reinforced concrete with tile, and brick and terra
Gotta accent material. Inappropriate materials
are river rock, unfinished timber (unpainted),
shake roofs, reflective/mirror glass, and metal
siding. Materials should be of high quality and
well crafted.
(b) Mechanical equipment and appurtenances,
including but not limited to air conditioner units,
ventilation equipment, refizgeration systems, heat-
ing units, etc., must be screened so that they are
not visible from any public right-of-way. The screen
shall consist of a solid wall, facade, parapet or
other similar screening material which is archi-
tecturally compatible and consistent with the
associated building. Such screening material shall
§ 20-489
extend at least one (1) foot above the object to be
screened. If landscaping is utilized, the plantings
must be high enough within one (1) year of
planting to provide a screen which will screen the
entire unit. In the case of satellite dishes, they
shall be screened from view from ground level of
adjacent rights -of -way and properties by build-
ings, dense landscaping or screen walls. The de-
sign review board may permit dishes on buildings
if no part of the dish is visible frorn the ground of
surrounding properties. Setbacks for antennas
and satellite dishes shall be the same as the
building setbacks.
(c) 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.
(d) Side and rear elevations of buildings
ble from a public street or adjacent property shall
be designed in the same architectural style as the
main facade.
(e) All doors for service entrances or bays shall
not face a public street unless they are screened to
obscure service activities.
(f) Outparcels in vacant parcels that are devel-
oped or where the entire center is redeveloped,
shall conform to the architectural, signage, and
landscape theme of the overall project and must
share an internal access with the overall project.
(g) Newspaper, magazine and other such vend-
ing machines, ATM's, pay telephones, and 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.
(h) Exterior lighting shall be a cut-off light
source to protect adjacent properties from glare.
All exterior lighting shall be consistent and com-
patible throughout the project.
Supp. No. 5 1403
§ 20-489 WINTER SPRINGS CODE
(i) Buildings with multiple storefront entries Secs. 20-492-20-500. Reserved.
are encouraged to incorporate overhangs in the
design of front facades as appropriate to promote DIVISION 4. RESERVED*
pedestrian activity.
(j) Backflow preventers and other above ground
valves shall be screened -so -they arenotvisible
from the street right-of-way using either landscap-
ing or an opaque building material and shall be
subject to buffer setback requirements.
(k) A bicycle parking area, with bicycle racks,
shall be incorporated into a project near the main
entrance to the building. Such parking area with
racks shall not be located on sidewalks.
(1) Drive-thru pick up
permitted on the front
fronting on. S.R. 4344
(Ord. No. 683, 11-10-97;
5-13-02)
i
wndows shall not be
r sides of a building
O
rd. No. 2002-13, § 2,
Sec. 20-490. Development 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
thirty-five (35) feet is requested, the city commis-
sion must find that fire department capabilities
are adequate to address the change. Such consid-
eration shall be based on building site constraints
or physical characteristics of the property, pro-
vided specifically, however, that any such conces-
sions for a constrained site shall only be consid-
ered by the city commission in a development
agreement if enhanced perimeter landscaping or
buffering is provided to assure that the objectives
of this ordinance are achieved.
(Ord. No. 683, 11-10-97)
Sec. 20-491. Reserved.
Editor's note —Ord. No. 2003-43, § 2, adopted Jan. 26,
2001, repealed former section 20-491 in its entirety which
pertained to the coizidor design review board and derived
fi•om Ord. No. 683, adopted Nov. 10, 1997.
Supp. No. 5 1404
a`Editor's note —Ord. No. 707, 3, adopted June 12, 2000,
repealed former Div. 4, §§ 20-501-20-512, in its entirety.
Former Div. 4 pertained to the S.R. 434 Corridor Town Center
Overlay District and derived fi•om Ord. No. 676, adopted Sept.
8, 1987.
CODE COMPARATIVE TABU;
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
20-251, 20-252,
20-254
4
20-232,20-232
2002-08
4- 8-02
1
Rpld
5-1-5-5
Added
5-1-5-19
2002-09
3-35-02
2
13-1, 13-2
2002-13
5-13-02
1
9-280, 9-281
2
20473220489
2000-20(Res.)
7-10-00
I —III
2-2(a), (b)
2002-18
7- 8-02
2
Rpld
6-250-6-258
2002-20
6-24-02
2
19-97
3
19-100
4
19-102
5
19-138
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
242, 2-57
2-78
3
14-52
4
18-55
5
20-53, 20-78,
Rpld
20Z4, 20-79
2002-31(Res.)
9-23-02
I —III
2-2(a), (b)
2002-31
10-28-02
2
6-2111 6-219(c)
3
6-85
2003-01
8-11-03
1
Rnbd
34-3-5
as
3-2-3-6
2
Added
34, 34, 3-8
2003-02
7-28-03
2, 3, 8
18-121
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)2 (13)
3
20-337(8), (9), (13),
20-470, 20-486
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
1043-03
2
5-1-5402
5-12-5-19
2003-23
6-23-03
2
20-463
2003-24
6-23-03
2
20-234
2003-26
8-11-03
2
9-281(7)
2003-30
841-03
1
145(c)
2003-33
9- 8-03
2
13-70-13-77
2003-36
10-13-03
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
11-10-03
2
9-391, 9-391.11
Supp. No. 5 2099
WINTER SPRINGS CODE
Ordinance Section
Number Date Section this Code
9-391.5(c)(5),
9-391.7(04),
9-391.8, 9-391.10
2003-39
11-10-03
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,
10-100-10-102
2003-43
1-26-04
2
Rpld
204753 20-491
Added
9-600-9-606
Su No. 5 [The next page is 2145]
pp• 2100
STATE LAW REFERENCE TABLE
This table shows the location within this Charter and Code, either in the text or notes following
the text, of references to the state law or related matters.
State Const. Section
Article Section this Code
VIII 2 10-87
Fl. Adm. Code Section F.S. Section
Chapter this Code Section this Code
17-50 19-92(c) Cho 166 Cho
19-95(b) 20-26
19-95(c) 20-28(a)
19-129 166.021 10-87
17-5554360 Ch. 192 Art. IV 166.032 2-89
Div. 2 166.041 1-11
10-52
F S. Section 20-102(f)
Section this Code 20-104
20.30 20-232(a)(64) 166.201 et seq. Ch. 2, Art. VI
34.191 11-1 Ch. 18
Cho 50 2-64(b)(1) 166.221 Cho 10
50.041 2-64 166.231 18-29, 18-30
50.051 2-64 166.231 et seq. Ch. 18, Art. II
60.05 13-74 166.0425 Ch. 16, Art. III
Ch. 97, Ch. 98 2-89 166.3161 20-104
170.01 et seq. Ch. 17
100.201 et seq. 2-94 Ch. 171 Ch. 2, Art. V
100.361 2-26(b) Cho 177 Cho
Ch. 101 2-93 Ch. 180 et seq. Ch. 17
101.62-101.70 2-92 18944042 18-121
Ch. 140 18-26 MUM Ch. 2, Art. VI
Cho 102 2-85 Cho 202 18-28
2-93 202.11 18-26
119.07 18-29 202.20 18-31
Ch. 162 Ch. 2, Art, III, Div. 2 2034012 18-26
2-5616-32 Ch. 205 Ch. 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 Ml 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 3-101 10-57 12-2
Ch. 163 9-3911 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, 20-483
20-28(a) 20-504
163.3161 et seq. 9-386.1 316.2055 Ch. 16, Art, II
163.3171 et seq. Ch. 15 Ch. 318 12-2
163.3181(3) 20-102(f) Cho 320 12-2
Cho 163.3202 9-391 Ch, 322 12-2
Supp. No. 5 2145
WINTER SPRINGS CODE
F S.
Section
F.S.
Section
Section
this Code
Section
this Code
Ch.335
17-27
893.138
13-72,13-74
336.10
17-27
Cho 893
13-72
337,401
18-31
893.138
13-70
Che 380,06
9403
Ch. 895
10-73
4NAM
Ch. 16, Art. II
943.085-943.255
2-68
479.155
Ch. 16, AiA. III
943.25(13)
11-2(a), 11-2(b)
Ch. 480
10-55
489.105
6-32
4890127
6-2701 6-2723
6-274, 6-275,
6-279
4890132
6-270, 6-272
533.73
6-31, 6-32
538.01 et seq.
Ch. 10, Art. VI
Ch. 553
Ch. 6
Ch. 6, Art. III
553.06
Ch. 6, Art, V
553.19
Ch. 6, Art. IV
553.73
Ch. 61 Art. V
6-81
553.955 et seq.
6-6
Chs. 561-565
10-73
561.01 et seq.
Ch. 3
561.14
3-3
561.20(7)(a)
3-3
562.45(2)
Ch. 10, Art. III, Div. 2
Ch. 633
Ch. 7, 7-46
7-50
633.521
7-54
Ch. 650
Ch. 14, Art, II
14-26(a)
650.02
14-26(a)
705.101 et seq.
2-1
775.082, 775.083
2-69.5(e), 11-1
Ch. 794
10-55, 1043
Ch. 796
10-52, 10-55, 10-73
796.07
13-72, 13-74
Ch. 800
10-55, 10-73
8060101
7-3
8126019
13-74
817.32, 817.33
Ch. 10, Art. IV
Ch. 826
10-55, 10-73
Ch. 827
10-73
Ch. 828
Ch. 4
Ch. 847
10-551 10-73
847.13
10-55
847.0133
10-55
849.04
Ch, 10, Art. N
849.07
Ch. 10, A-Av IV
865.09
10-68
865.09
10-61
874.03
13-72,13-74
Ch, 893
10-73
Supp. No. 5 2146 [The next page is 91071
0
ABANDONMENT
Abandoned property; disposition by city . .
City -owned property; disposal of surplus
property, . 1 4 0 0 0 0 a a 0 0 a a a a 6 a 6 4 6 6 a F V 4
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 ... .........................f
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 ............. .
License
Annual fee ...........................
Application and application fee ....... .
Contents of application ............. a .
Contents of, term of, renewals, expira-
tion, lapse, nonconforming estab-
lishments... . 0040 Voss of 0*4 be * a a a
Issuance or denial of. . F * 0 0 0 0 9 v I I V44 I v .
Operation without ....................
Reapplication after denial .............
Reasons for denial of application of ... .
Required,
Suspension and revocation
Of license, generally .............. .
Proceedings .......................
Transfer of. 0 4 0 * a 4 & 6 6 4 1 & 4 6 F a 0 4 0 q a 6 0 q 4 6
Measurement of distance ............... .
CODE INDEX
Section Section
ADULT ENTERTAINMENT ESTABLISH-
MENTS, SEXUALLY ORIENTED BUSI-
NESSES (Cont'd.)
2 1 Notice. . 9 4 a 6 4 4 * h 4 0 # h 4 a 0 4 0 0 t v . 0 0 * 4 a a 1 9 & a a 10-56
Obscenity/indecent exposure unlawful .... 10-54
2-194 Occupational licenses/home occupations .. 10-93
12-53, 12-54 7-27 Operation contrary to operational require-
1ments............................. 10-85
7 27 Other offices and departments, responsibil-
ities of* a 0 a a * a a h 4 h # # F 4 0 10-59
Penalties/remedies/relies ................ 10-57
19426 Prohibited locations for .................. 10-101
Provisions
19-129 Adult performance establishment...... 1049
Adult theater ........................ 1048
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. . * 6 4 F * * 0 0 0 4 0 0 0 * a 10-91
Special provisions relating to escort
10-92 and escort services............ 10-90
10-63 Purpose, findings and intent/incorporation
10-53 of whereas clauses ................. 10-52
Records and reports
10-62 Generally ............................ 1040
10-55 Unlawful provisions, records .......... 10-88
Worker records. a 4 0 * 0 t * 0 * 0 * a a 6 a 0 4 0 * 4 # 10-75
10-82 Sexually oriented businesses, . 0 0 0*00 Data 0 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
10-60
10-61
AGENCIES OF THE CITY. See: DEPART,
MENTS AND OTHER AGENCIES OF
CITY
AGREEMENTS. See: CONTRACTS AND
AGREEMENTS
10-69
10-65
ALARMS, ALARM SYSTEMS
10-84
False alarms
10-67
10-66
10-58
Prohibited ...........................
Warning notice .......................
Fire and security alarms
7-28
13-58
10-73
10-74
10-71
10-102
Automatic shut-off of alarm ...........
Classification of alarm ................
Compliance for existing system........
Definition.... eve* eta 0 sea bq***
Disconnection of system. . a a a & 4 4 4 4 # 4 0
13-56
13-57
13-53
13-51
13-61
Supp. No. 5 0111
WINTER SPRINGS CODE
Section
ALARMS, ALARM SYSTEMS (Cont'd.) ANTENNAS
Emergency telephone number ......... 13-55 Television dish antennas. .
False alarms
Warning notice .................... 13-58 APPROPRIATIONS
Installation, modification, notice of .... 13-52 Certain ordinances not affected by Code . .
Reset, disabled system, response to .... 13-54 ARBORS. See: TREES AND SHRUBBERY
Service fee ........................... 13-59
Waiver of fee ......................... 1Z-60 ASSESSMENTS
ALCOHOLIC BEVERAGES Local improvements
Certain ordinances not affected by Code
Bottle clubs prohibited .................. 3-5 Local improvements assessments ....... .
Definitions ............................. 3-1 See: TAXATION
Hours of sale; hours consumption prohib-
ited in places of public accommoda-
tion...............................
Location of business prohibited near church
or school ..........................
Nudity prohibited upon alcohol licensed
premises, bottle clubs ............. .
Open containers in public places ........ .
Penalty................................
.,tat of Cilici seilC,y (A - A —izitiuii u j...... .
Vendors (alcoholic beverage) in town center
AMENDMENTS
Additions and amendments deemed incor-
porated in Code,
Altering Code. . * 0 0 a a &
Amendments to Code; effect of new ordi-
nances; amendatory language...... .
Florida Building Code, administrative
amendments to. See: BUILDINGS
Florida Fire Prevention Code, local amend-
mentto ...........................
See: FIRE PREVENTION AND PRO-
TECTION
Zoning
Districts, amendments re ............ .
Ordinances, alterations, changes or
amendments.
AMPLIFIERS
Noise provisions ....................... .
AMUSEMENTS AND AMUSEMENT PLACES
Dance halls; permit required; conduct in
dance halls ....................... .
ANIMALS AND FOWL
Animal control and protection ordinance of
Seminole County, Florida, adopted . .
Kennels
Generally............................
Zoning regulations ...................
See: ZONING
Noise provisions for animals and birds .. .
Zoning regulations for animals.......... .
ANNEXATIONS
Certain ordinances not affected by Code . .
Fee....................................
Waiting period for annexation .......... .
ATHLETIC FACILITIES
3-4 Use of city athletic facilities; fees ....... .
3-2 AUDITS, AUDITING
City -owned property, recording and identi-
3-10 fying re auditing procedure ....... 0 .
3-7 AUTOMATIC FIRE SPRINKLER SYSTEMS
3-8 Florida Fire Prevention Code, local amend-
s nrr
you mentto ...........................
3-3
AWNINGS
Permit for erection of awnings over side-
1-10 walk
Fee, I 1 4 * 4 1 1 1 4 1 6 1 1 4 * 0 1 1 1 1 1 1 1 1 1 1 1 1 1 0 4 0 4
1-14 Required; application, .
1-11
B
BANNERS
7-46 et seq. Signs and advertising requirement ...... .
BARBED WIRE. See: FENCES, WALLS,
HEDGES AND ENCLOSURES
20-104 BARRICADES
Street excavation barricades .............
20-6 BARS
Alcoholic beverage regulations generally. .
13-31 See: ALCOHOLIC BEVERAGES
BEAUTIFICATION BOARD
Composition; appointment of members .. .
10-111 Created ................................
Duties; expenditures ................... .
Master beautification plan; recommenda-
tions to city ...................... .
4-1 Organization; meetings,
20-415 BEER
20-415 et seq. Alcoholic beverage regulations generally. .
See: ALCOHOLIC BEVERAGES
13-34 BIDS, BIDDING. See: FINANCES
20-413
BILLBOARDS. See: SIGNS AND ADVERTIS-
ING
1-7(9)
2-116 BLASTINGAGENTS. See: EXPLOSIVES AND
2-117 BLASTING AGENTS
Section
18-51 et seq.
3-1 et seq.
3-1 et seq.
Supp. No. 9 3112
CODE INDEX
Section Section
BOARDS, COMMITTEES AND COMMIS- BUILDINGS (Cont'd.)
SIONS. See: DEPARTMENTS AND Findings ............................. 6-271
OTHER AGENCIES OF CITY Intent and purpose ................... 6-270
BOND ISSUES Notices .............................. 6-281
Certain ordinances not affected by Code.. 14(2) Penalty .............................4 6-274
Recording code enforcement board or -
BONDS, SURETY OR PERFORMANCE ders ............................ 6-280
City -owned property supervision and con- Refusal to sign citation ..............0 6-275
trol, 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 ............................. 6-240
ORIENTED BUSINESSES Mechanical code...... .... 6*66 6446 et seq.
See herein: Mechanical Code
BOTTLE CLUBS Plumbing code ....................... 6-126
Prohibited .............................. 3-5 Standard building code
BOTTLES Adopted, .......................... 6-81
Amendment to building code........ 6-82
Prohibitions ............................ 13-2 Standard existing building code
BUDGET. See: FINANCES Adopted... ... 040040*00 6-81
Standard housing code
BUILDINGS Adopted ......... 6-81
..................
Accessory buildings ..................... 6-84 Swimming pool code .................. 6-210
Administration Unsafe building abatement code....... 6-165
Administrative amendments to the More, Compliance with provisions .............. 6-2
ida Building Code Construction sign,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, . * 0 4 of 0 q 0 4 0 * V I 1 4 V 0 V 9 0 6-33 Declaration of a state of emergency ...... 2-255
Temporary storage structures. 6-35 Suspension of local regulations........ 2-264
Automatic fire sprinkler systems Electricity
Florida Fire Prevention Code, local Electrical code adopted ............... 6-101
amendment to .................. 7-60
Building erected or altered in violation of Terms defined ........................ 6-102
.................. Energy efficiency code adopted........... 6-6
provisions, use of 6-3
Building inspector Fences, walls and hedges ................ 6-186 et seq.
Authority to stop work if contrary to See: FENCES, WALLS, HEDGES AND
public welfare ................... 6-5 ENCLOSURES
Electrical inspector, building inspector Flood damage prevention. 8-1 et seq.
as .............................. 6-102 See: FLOOD DAMAGE PREVENTION
Plumbing inspector, building inspector Florida Building Code, administrative
as .............................. 6-127 amendments to. See herein: Adminis-
Swimming pool inspection ............ 6-213 tration
Citations; unlicensed contractors; failure Inspections. See herein: Permits and In-
to obtain a building permit spections
Administrative hearings; accrual of pen- Land development ...................... 9-1 et seq.
alties ........................... 6-278 See: LAND DEVELOPMENT
Appeals of code enforcement board deci- Mechanical code
sions ........................... 6-279 Adopted ............................. 6-146
Citation authorized for construction con- Definitions, .......................... 6447
tracting violations. . 0 4 4 0 9 0 0 0 0 0 6-272 Fee.................................. 6-149
Citation form ........................ 6-273 Mechanical inspection ................ 6448
Correction of violation; payment of pen- Occupant
alty; notice of hearing ........... 6-277 Definitions and rules of construction... 1-2
Supp. No. 5 3113
WINTER SPRINGS CODE
Section
BUILDINGS (Cont'd.)
Outdoor display/billboard,............... 16-77 et seq.
See: SIGNS AND ADVERTISING
Owner
Definitions and rules of construction.. .
Keeping surrounding property clean, re-
sponsibility re ...................
Permits and inspections
Failure to obtain building permit. See
herein: Citations; Unlicensed Con-
tractors; Failure to Obtain a Build-
ing Permit
Signs; building permit required....... .
Plumbing
Plumbing code adopted ...............
Terms defined,
Purpose ................................
Restricted hours of building construction
or installation or construction of sub-
division improvements ............ .
Screen enclosures .......................
Storage
Temporary storage structures .........
Swimming pools ....................... .
See: SWIMMING POOLS
Television dish antennas ............... .
Uniform building numbering system
Administration and assignment of num-
ber.............................
Code enforcement board authority .... .
Definitions ...........................
Establishment of system ............. .
Posting of numbers. .
Purpose .............................
Unsafe buildings
Court action to compel compliance or
prosecution upon disregard of no-
tice. . a & 4 0 6 4 4 4 * P 0 0 0 b a 0 0 a 6 h 0 0 4 F W a 0
Notice of unsafe building to be served on
person having interest in building;
method of service, . 0 * a a 6 0 4 0 t 0 4 4 0 0
Standards for repair or removal. .
Unsafe building abatement code
Adopted ........................ ..
Vacating unsafe buildings and closing
adjacent streets.
Violations, penalty . $ ................... .
Zoning regulations ......................
See: ZONING
BURNING
Open-air burning regulated ..............
BUSES. See: MOTOR VEHICLES AND TRAF-
FIC
1-2
Section
CABARETS
Adult entertainment establishments ..... 10-55 et seq.
See: ADULT ENTERTAINMENT ES-
TABLISHMENTS, SEXUALLY
ORIENTED BUSINESSES
CAMPAIGNS. See: ELECTIONS
CANALS
Prohibitions ............................ 13-2
CANDIDATES. See: ELECTIONS
16-53 CANVASSERS. See: PEDDLERS, CANVASS-
ERS AND SOLICITORS
6-126 CARPORT SALES
6-127 At-home sales .......................... 10-137
6-1 CATS
Animal regulations generally ........ , ... 4-1 et seq.
See: ANIMALS AND FOWL
11-6
6-85 CERTIFICATES, CERTIFICATION
Sewerage revenue generation system
6-35 Accountant certification of adequate
210 et seq. maintenance .................... 19-129
6-
CHURCHES
6-83 Adult entertainment establishments
Prohibited locations .................. 10-101
Alcoholic beverage sales prohibited near.. 3-2
Noise provisions ........................ 13-28
9-373 Sexually oriented businesses
9-376 Prohibited locations .................a 10-101
9-370
9-372 CITY
9-374 Definitions and rules of construction ..... 1-2
9-371 Use of city athletic facilities; fees. 0 2-2
CITY CLERK
Election
Additional duties re ................. 4 2-95
6-168 Supervisor, city clerk as, . 0 2-81
CITY COMMISSION
Definitions and rules of construction ..... 1-2
6-167 Recall of elected officials ................ 2-26
6-166 Zoning action of city commission ......... 20-27
CITY MANAGER
6-165 City -owned property, responsibilities re... 2-192
6-169 CODE ENFORCEMENT
64 Citation contents ....................... 2-69.6
20-1 et seq. Citation procedure ...................... 2-69.1
Code enforcement board ................ a 2-56 et seq.
Code enforcement officers
Authority ...........................6 2-69
Designation, qualifications, training ... 2-68
7-26 Definitions ............................. 2-67
Delivery of warning notices, citations..... 2-69.2
Disposition of citations, civil penalties .... 2-69.7
Intent, 0 0 & a & 4 d 4 6 0 4 * 0 * 0 0 a 0 & 0 4 * s a 0 6 F q 0 0 2-66
Supp. No. 5 3114
CODE ENFORCEMENT (Cont'd.)
Procedures to pay, contest citations ..... .
Provisions supplemental, a 0 4 0 9 1 0 0 * 4 0 q F W 4 .
Violation classification; civil penalty..... .
Violations, schedule of........ .... F4 h#4*S
CODE ENFORCEMENT BOARD
Appeals...............................a
Building numbering system, authority re.
Code inspector; duty ...................0
Creation ..............................0
Duration of lien. . 0 4 0 * 0 * 9 0 0 0 0 0 0 4 0 t 0 4 0 0 6 0 4
Election of officers; quorum; compensation;
expenses ..........................
Hearing., .... 40664 Oda 0*40 0 a 0 a a * a a a 0 a 0 #0
Lien
Application for satisfaction or release of
Duration of ..........................
Membership; appointment; qualification . .
Notices. . * a a * & a * a a 0 * 0 a 0 a * 0 0 0 0 0 0 0 0 9 a a 0 4 4 #
Powers .................................
Provisions supplemental. . * a 4 a 0 a 4 a a a 0 * I * .
Wastewater system, enforcement board.. .
CODE OF ORDINANCES*
Additions and amendments deemed incor-
porated in Code. . 4 0 a 0 * 0 1 0 0 0 0 9 0 f F 0 0 #
Altering Code, a 4 a 0 a & & a 0 a a a 4 a * * 0 a 0 * 0 * 0 0 0 *
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. a 4 a a a * 0 a 0 a * 9 9 0 * 0 0 t 0 0 V V 4 4 4 *
How Code designated and cited ......... .
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. . 4 a .
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.. .
CODE INDEX
Section
CONTRACTS AND AGREEMENTS (Cont'd.)
2-69.5 Old age and survivors' insurance, execu-
2-69.8 tion of agreement ................. .
2-69.3 Supplementation of Code., 0 O4#d#hd*&*ffi a .
2-69.4
COUNTY
Definitions and rules of construction. .
2-63
9-376
2-59
2-56
2-62
2-58
2-60
2-61.5
2-62
2-57
2-64
2-61
2-65
19-30
1-9
1-6
1-4
1-8
1-13
1-12
1-2
1-9
Note —The adoption, amendment, repeal, omissions, effec-
tive date, explanation of numbering system and other matters
pertaining to the use, construction and interpretation of this
Code are contained in the adopting ordinance and preface
which are to be found in the preliminary pages of this volume.
COURTS
Court costs
Assessment and collection of; use......
Unsafe building, court action re......... .
CURFEW
Declaration of a state of emergency ..... .
DANCE HALLS
Permit required; conduct ................
DEPARTMENTS AND OTHER AGENCIES
OF CITY
Beautification board. .
See: BEAUTIFICATION BOARD
Boards, committees, commissions gener-
ally
Appointments of boards and committees
Fee to appointed board members; waiver
City commission ....................... .
City forestry office ..................... .
Code enforcement board, . 0 4 0 4 4 * # * 6 4 * 4 * 0 &
See: CODE ENFORCEMENT BOARD
Definitions and rules of construction .... .
Election board, 0 0 * 0 9 0 # 0 4 F * F 4 F * 6 a * a 4 0 6 a a *
Fire department provisions ............. .
See: FIRE DEPARTMENT
Land development site plan review board.
See: LAND DEVELOPMENT
Officers' and employees' pension plan, board
of trustees re ..................... .
Planning and zoning board ............. .
See: ZONING
Public nuisnace abatement board ....... .
See: PUBLIC NUISANCE ABATEMENT
BOARD
Public service tax; exempted entities. .
Traffic violations bureau. . 0 0 0 0 0 0 P 0 0 4 # .
Zoning board of adjustment, ............ .
See: ZONING
DEVELOPMENT. See: PLANNING AND DE-
VELOPMENT; See also: LAND DEVEL-
OPMENT
DISH ANTENNAS
Television dish antennas ................
DISORDERLY CONDUCT
Dance halls, disorderly conduct in....... .
Noise provisions re ......................
Section
1-2
2-255
2-76
et seq.
2-42
2-41
2-26
5-5
2-56 et seq.
9-341 et seq.
14-52
20-51 et seq.
13-70 et seq.
18-30
12-28
20-76 et seq.
Supp. No. 5 3115
WINTER SPRINGS CODE
Section
DISTRICTS
Zoning districts ......................... 20-101 et seq.
See: ZONING
DOGS
Animal regulations generally ............ 4-1 et seq.
See: ANIMALS AND FOWL
DRAINS, DRAINAGE
Land development
Drainage ditch fence required; when ... 9-106
Drainage facilities .................... 9-242
Open drainage ditches; storm sewers .. 9-105
Storm water management, 9-241
DRUMS
Noise provisions ........................ 13-30
DUMPSTERS
Definitions ............................. 9-280
Minimum screening requirements........ 9-281
E
ELECTIONS
Absentee voting, . * 0 $ 6 6 0 0 0 1 go 0 6 s t 0 0 * 4 V 6 1 0 2-92
Applicability of Code to election where ques-
tions are submitted ................ 2-94
Candidates, qualification of .............. 2-87
Canvass of return. . t 9 0 0 d 6 V 2-93
Certain ordinances not affected by Code .. 14(16)
City clerk, additional duties of, .......... 2-95
Code enforcement board election ......... 2-58
Determination of person elected.......... 2-84
Election board .......................... 2-85
Election supervisor ..................... 2-8
Municipal elections to be general elections 2-83
Nonpartisanship required ............... 2-86
Political signs .......................... 16-80
Proclamation ........................... 2-82
Qualifying fees ......................... 2-88
Recall of elected official ................. 2-26
Registration of voter. 2-89
Vacancy in office ........................ 2-87.1
Voting machines ........................ 2-91
Voting places ........................... 2-90
ELECTRICITY
Electrical code adopted .................. 6-101
Electrical inspection .................... 6-103
Fees................................... 6-1Vol
Flood damage control ................... 8-2
Municipal public service tax ............. 18-26 et seq.
See: TAXATION
Swimming pools, electrical requirements
re................................. 6-220
Terms defined .........................4 6-102
EMERGENCY MANAGEMENT
Applicability of provisions ............... 2-252
Certification of emergency conditions..... 2-265
Declaration of a state of emergency ...... 2-255
Definitions ............................. 2-251
Supp. No. 5 3116
Section
EMERGENCY MANAGEMENT (Cont'd.)
Fire emergencies, . 2-263
Intent .................................. 2-250
Police emergencies. 2-262
Powers, duties, responsibilities........... 2-254
Structure, emergency management....... 2-253
Suspension of local building regulations .. 2-264
Termination of state of emergency........ 2-256
Weather emergencies, . 0 0 0 0 a a 0 a 4 4 0 6 @@logo 2-261
EMPLOYEES. See: OFFICERS AND EM-
PLOYEES
ENCLOSURES. See: FENCES, WALLS,
HEDGES AND ENCLOSURES
ENERGY
Building energy efficiency code .......... 6-6
ESCORTS AND ESCORT SERVICES
Escort service, generally, . t 0 6 0 0 0 0 * 0 1 a 0 a I a 10-81
Special nrnvisinns relating to _ 10-90
CUATION
EVA
Declaration of a state of emergency ...... 2-255
EXCAVATIONS
Street excavations ...................... 1'/- # et seq.
See: STREETS AND SIDEWALKS
EXPENDITURES
Sewerage revenue generation system, ex-
penditures re ...................... 19-128
EXPLOSIVES AND BLASTING AGENTS
Declaration of a state of emergency ...... 2-255
Regulation of explosives ................. 7-27
F
FALSE ALARMS
Service fee ............................. 13-59
Waiver of fee ........................... 13-60
Warning notice ......................... 13-58
FENCES, WALLS, HEDGES AND ENCLO-
SURES
Barbed wire permissible, when .......... 6-189
Building numbers to be affixed to walls,
fences, etc, .... oftegabso a t 6 4 F 0 0 0 1 0 0 9-374
Construction material ................... 6-187
Drainage ditch fence required, when ..... 9-106
Exceptions to provisions ................. 6-188
Height limitations generally ............. 6-190
Permit required ........................ 6-186
Property line, distance from ............. 6-193
Provisions not controlling; exception...... 6-194
Street, intersection, limitations when adja-
centto ............................ 6-191
Swimming pool enclosures ............... 6-217
Utility easements, ...................... 6-192
ELECTRICITY
Electrical code adopted .................. 6-101
Electrical inspection .................... 6-103
Fees................................... 6-1Vol
Flood damage control ................... 8-2
Municipal public service tax ............. 18-26 et seq.
See: TAXATION
Swimming pools, electrical requirements
re................................. 6-220
Terms defined .........................4 6-102
EMERGENCY MANAGEMENT
Applicability of provisions ............... 2-252
Certification of emergency conditions..... 2-265
Declaration of a state of emergency ...... 2-255
Definitions ............................. 2-251
Supp. No. 5 3116
Section
EMERGENCY MANAGEMENT (Cont'd.)
Fire emergencies, . 2-263
Intent .................................. 2-250
Police emergencies. 2-262
Powers, duties, responsibilities........... 2-254
Structure, emergency management....... 2-253
Suspension of local building regulations .. 2-264
Termination of state of emergency........ 2-256
Weather emergencies, . 0 0 0 0 a a 0 a 4 4 0 6 @@logo 2-261
EMPLOYEES. See: OFFICERS AND EM-
PLOYEES
ENCLOSURES. See: FENCES, WALLS,
HEDGES AND ENCLOSURES
ENERGY
Building energy efficiency code .......... 6-6
ESCORTS AND ESCORT SERVICES
Escort service, generally, . t 0 6 0 0 0 0 * 0 1 a 0 a I a 10-81
Special nrnvisinns relating to _ 10-90
CUATION
EVA
Declaration of a state of emergency ...... 2-255
EXCAVATIONS
Street excavations ...................... 1'/- # et seq.
See: STREETS AND SIDEWALKS
EXPENDITURES
Sewerage revenue generation system, ex-
penditures re ...................... 19-128
EXPLOSIVES AND BLASTING AGENTS
Declaration of a state of emergency ...... 2-255
Regulation of explosives ................. 7-27
F
FALSE ALARMS
Service fee ............................. 13-59
Waiver of fee ........................... 13-60
Warning notice ......................... 13-58
FENCES, WALLS, HEDGES AND ENCLO-
SURES
Barbed wire permissible, when .......... 6-189
Building numbers to be affixed to walls,
fences, etc, .... oftegabso a t 6 4 F 0 0 0 1 0 0 9-374
Construction material ................... 6-187
Drainage ditch fence required, when ..... 9-106
Exceptions to provisions ................. 6-188
Height limitations generally ............. 6-190
Permit required ........................ 6-186
Property line, distance from ............. 6-193
Provisions not controlling; exception...... 6-194
Street, intersection, limitations when adja-
centto ............................ 6-191
Swimming pool enclosures ............... 6-217
Utility easements, ...................... 6-192
CODE INDEX
Section Section
FINANCES FIRE PREVENTION AND PROTECTION
Bids, bidding (Cont'd.)
When written bids required; waiver.... 2452 Obstruction of hydrants, . 749
Budget On site static water supplies .......... 7-81
Certain ordinances not affected by Code 1-7(7) Parking near prohibited .............. 12-65
Emergency procurement re state of emer- Required. . a * 0 0 a 0 0 a a 4 a a * 4 4 4 7-76
gency ............................. 2-255 Responsibility for provision and mainte-
Fee nance ........................... 7-77
Certain ordinances not affected by Code 1-7(17) Florida Fire Prevention Code, local amend -
Old age and survivors' insurance contribu- ment to
tion ............................... 14-28 Appeal .............................. 7-50
Payment of money Automatic fire sprinkler systems ...... 7-60
Certain ordinances not affected by Code 1-7(2), (17) Impact fee credits .................... 7-54
Purchasing Procedure for ........................ 746
Purchasing policy and procedure estab- Hydrants. See herein: Fire Hydrants
lished .......................... 2-151 Open-air burning regulated.............. 7-26
When written bids required; waiver.... 2-152 FIREARMS AND WEAPONS
Stormwater management utility fund .... 19-167
Declaration of a state of emergency ...... 2-255
FINES, FORFEITURES AND OTHER PEN- Discharging or brandishing firearms ..... 11-5
ALTIES FIREWORKS
Certain ordinances not affected by Code .. 1-7(1)
Regulation of explosives........ ......... 7-27
Code does not affect prior forfeitures, pen-
alties, etc.... .... obeff O**f*fd VOODOO 1-9 FLOOD DAMAGE PREVENTION
Code enforcement citations .............. 2-69.1 et seq. Abrogation and greater restrictions ...... 8-6
Code violations Definitions ............................. 8-1
General penalty; continuing violation; Development permit .................... 8-33
violations as public nuisances .... 1-15 Floodplain administrator
Penalties for specific acts, omissions, etc. Designation of ....................... 8-31
See specific subjects as indexed Duties and responsibility of ........... 8-32
Repeal of ordinances, effect of............ 1-8 General standards ...................... 8-51
FIRE DEPARTMENT Interpretation ......................... o 8-7
Created ................................ 7-2 Lands to which provisions apply ......... 8-4
Department division .................... 7-5 Noncompliance, penalties for ............ 8-9
Deputy fire chief. . a * 0 h & 4 * 6 s & 0 7-4 Reducing flood losses, method of ......... 8-3
Fire chief. .... *00444 9 a 0 a * 0 0 a 0 7_3 Regulatory floodways, standards for...... 8-55
Deputy fire chief ..................... 7.4 Shallow flooding (AO zones), standards for
Fire emergencies. . 2-263 areas of........................... 8-53
Land development Small streams, standards for ............ 8-54
Impact fees (police, fire, parks and rec- Special flood hazard
reation facilities) ................ 9-391 et seq. Basis for establishing areas of......... 8-5
Organization ........................... 74 Designations, warning regarding area of 8-8
Responsibility, delegation of ............. 4_5 Specific standards ...................... 8-52
Statement of purpose and objectives...... 8-2
FIRE HYDRANTS. See: FIRE PREVEN- Variance procedure .................... 4 8-34
TION AND PROTECTION Violations, penalties ..................... 8-9
Warning regarding area of special flood
FIRE PREVENTION hazard designation.... of 8-8
Fire alarm systems ..................... 13-51 et seq.
See: ALARMS, ALARM SYSTEMS FLORIDA. See: STATE
FIRE PREVENTION AND PROTECTION FLORIDA STATUTES. See: F.S.
Explosives, regulation of ................ 7-27 FOLLOWING, PRECEDING
False alarms prohibited ................ 9 7-28 Definitions and rules of construction ..... 1-2
Fire department provisions .............. 7-1 et seq.
See: FIRE DEPARTMENT FORFEITURE. See: FINES, FORFEITURES
Fire hydrants AND OTHER PENALTIES
Approval and acceptance by city....... 7-80 FOWL. See: ANIMALS AND FOWL
Installation specifications ............. 7-78
Land development FRANCHISES
Required prior to building on lots ... 9-178 Certain ordinances not affected by Code .. 14(4)
Supp. No. 5 3117
FRANCHISES (Cont'd.)
Tax in addition to franchise taxes ....... .
F.S.
Definitions and rules of construction .... .
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............. ......................
r_
uibPec�ruir .............................
GAS, GASOLINE
Flood damage control .................. .
Municipal public service tax ............ .
See: TAXATION
GENDER
Definitions and rules of construction .... .
GLASSWARE
Prohibitions ............................
WINTER SPRINGS CODE
Section
1-2
10-137
16-83
9-280, 9-281
6-240
6-241
6-243
6-242
8-2
18-26 et seq.
1-2
GOLD
Secondhand precious metals ............. 10-151 et seq.
See: SECONDHAND PRECIOUS MET-
ALS
GONGS
Noise provisions ........................ 13-32
GOODS, WARES OR MERCHANDISE
Declaration of a state of emergency ...... 2-255
Peddlers and solicitors requirements ..... 10-136 et seq.
See: PEDDLERS, CANVASSERS AND
SOLICITORS
GRADES, GRADING
Certain ordinances not affected by Code .. 1-7(6)
Land development, street grades generally 9-148
GRASS, LEAVES, UNDERBRUSH, ETC.
Land development requirements re grass. 9-160
H
HANDBILLS
Signs and advertising regulations gener-
ally ............................... 16-26 et seq.
See: SIGNS AND ADVERTISING
HEDGES. See: FENCES, WALLS, HEDGES
AND ENCLOSURES
HISTORICAL PRESERVATION
74•ee protection and preservation
Definitions (historic, specimen trees).. .
Specimen, historic trees, . 0 0 0 a a 0 a s d 4 F .
HOSPITALS
Noise provisions ....................... .
HYDRANTS. See: FIRE PREVENTION AND
PROTECTION
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 ............ .
IMPROVEMENTS. See: PUBLIC WORKS
AND IMPROVEMENTS
IN THE CITY
Definitions and rules of construction .... .
IN WRITING, WRITTEN
Definitions and rules of construction .... .
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.
9-3 et et seq.
1-2
1-2
IRRIGATION SYSTEM
Reclaimed water system ................. 19-136 et seq.
See: UTILITIES
K
KENNELS
See: ZONING
L
LAKES
Prohibitions ............................ 13-2
Supp. No. 5 3118 [The next page is 3121]
CODE INDEX
Section Section
LAND DEVELOPMENT LAND DEVELOPMENT (Cont'd.)
Alleys. See herein: Streets and Alleys; See Open drainage ditches; storm sewers .. 9405
also herein: Design Standards Public sites and open spaces, exception 9-103
Blocks. See herein: Lots and Blocks; See Septic tanks ........................ 0 9-107
also herein: Design Standards Streets and alleys
Bridges, required improvements ......... 9-205 Access streets, paving of............ 9-150
Building on lots, required improvements to Alleys ............................. 9-158
be completed prior to; exception..... 9-178 Cul-de-sac; dead ends .............. 9-152
Certain data to be submitted prior to in- Easements ........................ 9-159
stallation of improvements ......... 9-177 General layout; connections with ex-,
Comprehensive plan .................... 15-26 et seq. isting streets ................. 9-153
See: PLANNING AND DEVELOPMENT Grades generally, 9-148
Concurrency administration and evalua- g y
Grassing, mulching, sodding........ 9460
tion procedure Half streets ....................... 9-154
Appeal procedures Intersections ...................... 9-155
Appeal notice and hearing.......... 9-541 Minimum rights -of --way and paving
Appeal of city commission .......... 9-542 width rights -of -way
. -way ........ n 9-147
Notice of appeal ................... 9-540
Concurrency administration Naming streets .................... 9-298
Concurrency certificate ............. 9-533 Paved, streets and alleys to be...... 9-149
Concurrency review ................ 9-531
Paving costs ....................... 9451
Conditional approvals .............. 9-532 Paving of access streets ....... bass . 9-150
Development review committee baba. 9-530 Private streets ..................... 9-157
Level of service standards (LOS) Street names ...................... 9-156
Introduction ....................... 9-510 Typical street sections.............. 9-296
LOS .............................. 9-513 Utilities services to be underground, ex,,
Parks and recreation LOS.......... 9-514 ception ......................... 9-104
Potable water LOS, q 4 0 4 W 4 * 0 a 4 a 0 a * 6 9-511 Valley gutters........................ 9-297
Solid waste LOS .................. 0 9-512 Developer responsibility and control...... 9-181
Storm water LOS .................. 9-515 Drainage
Transportation LOS................ 9-516 Facilities ............................ 9-242
Overview and exemptions Fence required for ditches, when ...... 9-106
Application submittal .............. 9-502 Open drainage ditches; storm sewers .. 9405
Change of use .................... 0 9-504 Storm water management............. 9-241
Definitions ....................... a 9-501 Driveways
Demolitions ....................... 9-505 Entrances ........................... 9-299
Purpose of concurrency evaluation .. 9-500 Generally ...........................a 9-222
Curbs Dumpsters
Inlets, . * a 9-300 Definitions........................... 9-280
Required improvements ............... 9-223 Minimum screening requirements ..... 9-281
Sections, alternate, a * a 4 W 0 0 W 4 # 4 4 4 * 0 a * * 9-301 Easements
Definitions ............................. 9-1 Design standards..................... 9-159
Design and certification of improvements, Required improvements ............... 9-223
responsibility for ................... 9-176 Enforcement and penalties .............. 9-7
Design standards Entire tract to be used; landlocked areas
Alternate curb sections ............... 9-301 prohibited......................... 9-102
Classification ........................ 9-146 Final development plan, final plat
Curb inlets .......................... 9-300 Action on final development plan; expi-
Drainage ditch fence is required, when. 9-106 ration of approval ............... 9-74
Driveway entrances .................. 9-229 Approval of final plat .........state ... 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 ........... 9-129 plan ............................ 9-73
General requirements .............. 9-126 Processing of final plans .............. 9-72
Lot dimensions; minimum street front- Recording/distribution of the final plat. 9-78
age .........................0 9-127 When final development plan is to be
Lots not to be divided by municipal filed; extension., .... as 0*4*04 so ad 9-71
boundaries ................... 9-128 Gutters...............................a 9-223
Supp. No. 5 3121
WINTER SPRINGS CODE
Section
LAND DEVELOPMENT (Cont'd.)
Impact fees
Police, fire, parks and recreation facili-
ties .............................
Transportation impact fees............
Inspections and tests ....................
Irrigation utilizing reclaimed water system
9-391 et seq.
9-386.1 et seq.
9-179
19-136 et seq.
See: UTILITIES
Lots and blocks
Clearing of rights -of -way, ..............
General requirements ................
Lot dimensions; minimum street front-
9-129
9-126
age .............................
Lots not to be divided by municipal
9-127
boundaries ......................
Maps, engineering plans and plats to be
9-128
submitted in preliminary and final
form..............................
Minimum community appearance and aes-
9-26
thetic review standards
Application criteria ...................
Approval prerequisite for permits......
Building permits; enforcement ........
Duration of approval .................
Minimum standards; compliance with
9-605
9-601
9-606
9-604
other Code provisions............
Procedure, 6 4 0 0 0 0 0 1 0 a 0 0 0 a & 4 a a 6 4 4 p 0 9 0 F
Statement of findings and purpose.....
Monuments ............................
Nonconformities
9-602
9-603
9-600
9-180
Abandonment ........................
Building and fire codes ...............
Continuance of lawful uses and struc-
9-565
9-561
tures ...........................
Definitions., Go 4 044 0 too so 0 0 0 a a & a a 0 a 4 4 9
Intent..............................a
Lots of record .......................0
Repairs and maintenance ............ o
Rules of interpretation, a 0 a 1 0 0 4 a a & a 4 p 4 a
Special permit .......................
Temporary uses ......................
Uses of structures or of structures and
9-562
9-561
9-561
9-563
9-566
9-561
9-568
9-567
premises in combination .........
Nonplatted property, sale of ....... . .....
Off-street parking and loading
9-564
9-2
Commercial vehicles ..................
Definitions ...........................
General provisions for off-street parking
9-279
9-276
9-278
Off-street parking requirements ...... a
Platted property, dividing, a 1 0 0 0 1 0 0 a a 0 0 a 0 4
Police, fire, parks and recreation facilities
9-277
9-3
impact fees
Appeal ..............................
Applicability and exemptions..........
Capital expansion plans.
Credits ..............................
Definitions ...........................
Generally ............................
Levy; purpose ........................
Payment of fees ......................
9-391.12
9-39L3
9-391.8
9-391.6
9-391.2
9-391
9-391.1
9-391.5
Supp. No. 9 3122
Section
LAND DEVELOPMENT (Cont'd.)
Penalty for violation ..................
9-391.11
Refunds .............................
9-391.9
Trust fund ...........................
9-391.7
Vested frights .........................
9-391.10
Preliminary plan
Action on preliminary and plan by city
council ........................0
947
Approval of preliminary plan to be con-
strued only as authority to submit
final plan .......................
949
Filling and contents of preliminary map
and plan ........................
9-46
Reasons when preliminary plan is dis-
approved; conditional approval ...
9-48
Public sites and open spaces, exception ...
9-103
Required improvements
Adequate access to building sites ......
9-178
Bridges ..............................
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 0 4 a 0 0 0 0 0 F a a
9-223
Developer responsibility and control ...
9-181
Drainage
Drainage facilities.
9-242
Storm water management ..........
9-241
Driveways ...........................
9-222
Fire hydrants in operation ............
9-178
Inspections and tests .................
9-179
Monuments .........................0
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, . 0 a a *
9-221
4 a 0 0 0 0 0 0 a 6 0 0 a 6 4 4
Streets
Markers, 4 p a 0 0
9-203
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, a 1 0 0 *
9-261
Water and sewer systems, requirements
for.............................
9-261
Septic tanks ............................
9-107
Sewer systems, requirement for..........
9-261
Sidewalks ..............................
9-221
Site plan review
Site plan review board
Appeals ...........................
9-348
Clerical support and records ........
9-343
Creation
9-341
..........................
CODE INDEX
Section
Section
LAND DEVELOPMENT (Cont'd.)
LAND DEVELOPMENT (Cont'd.)
Duties ............................
9-347
Site -related road improvements ...... 4
9-386.13
Meetings ..........................
9-344
Trust fund, establishment of ..........
9-386.15
Procedures, regulations and fees ....
9-345
Use of funds collected.... 0090 0
9-386.17
Prohibitions .......................
9-346
Vested rights.........................
9-386.12
Purpose; composition ...............
9-342
Uniform building numbering system .....
9-370 et seq.
Violations, penalty .................
9-349
See: BUILDINGS
Soil, rock, etc., removal. . a 0 * 0 a a * 0 a 0 a 0 * t
0 0 9-8
Utilities
Streets and alleys
SeiTices to be underground, exception .
9-104
Access streets, paving of, a 0 4 0 0 4 4 4 0 0 0
a 0 9-150
Water and sewer systems, requirements
Alleys ..............................9
9-158
for .............................
9-261
Classification ........................
9-146
Valley gutters ..........................
9-297
Cul-de-sacs; dead ends. . * a a a * 4 4 0 a 9 4 a
0 9 9-152
Variances ..............................
9-5
Easements ..........................
0 9-159
Appeals from granting of..............
9-6
General layout; connections with exist-
Vested rights
ing streets ......................
9-153
Appeals. ............................0
9-402(b)
Grassing, mulching, sodding ..........
9-160
Application for special use permit .....
9-402(a)
Half streets ..........................
9-154
Determining, standards for ...........
9-403
Intersections
9-155
Intent...............................
9-401
.........................
Minimum rights -of -way and paving width
9-147
Limitations on determination .........
9-404
Naming streets, a 0 0 0 0 0 0 0 9 a a 0 4 0 4 F # 6 # #
F 0 9-298
Water and sewer systems, requirements
Paved, streets to be, a h 4 h 6 a a a 4 0 4 6 a 0 * a
0 0 9-149
for ...............................a
9-261
Paving costs .........................
9-151
Zoning regulations......................
20-1 et seq.
Paving of access streets ...............
9-150
See: ZONING
Private streets .......................
9-157
Required improvements
Roadway base material, standards for 9-201
Street markers ....................
9-203
Streetlights and traffic signs........
9-204
Surfacing of streets, standards for
.. 9-202
Roadway base materials, standards for 9-201
Street grades, generally. . 0 0 0 0 0 0 of 60 4
of 9-147
Street markers .......................
9-203
Street names, . 0 0 9 9 1 g 0 4 q F 4 # 4 * 4 & 4 a 0
0 0 9-156
Streetlights and traffic signs . Base .....
9-204
Surfacing of streets ...................
9-202
Typical street sections ................
9-296
Subdivision requirements, waiver to......
94
Transportation impact fees
Appeals of impact fee determinations
.. 9-386.21
Authority and applicability............
9-386.1
Building permits
Limitations on issuance of..........
9-386.5
Credits
9-386.11
..............................
Definitions
9-386.4
...........................
Exemptions .........................4
9-386.14
Impact agreement ....................
9-386.10
Independent impact fee calculation ....
9-386.8
Intent and purpose ...................
9.386.2
Penalty ..............................
9-386.20
Presumption of maximum impact......
9-386.9
Return of funds ......................
9-386.18
Review ..............................
9-386.19
Road impact fees
Collection of fee assessments .......
9-386.16
Determination of.. a 4 h 6 4 * a a 0 a 0 * 0 P *
0 0 9-386.6
Rate schedule ....................0
9-386.7
Total road impact fee calculations ...
9-386.8
Rules of construction .................
9-386.3
Short title ...........................
9-386.1
[The next page is 31291
Supp. No. 5 3123
CODE INDEX
Section Section
LICENSES AND PERMITS MAY, SHALL
Adult entertainment establishments, sex- Definitions and rules of construction ..... 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 ............................. 17-51 et seq. Definition .............................. 6-147
See: STREETS AND SIDEWALKS Fees ................................... 6-149
Dance hall permit, . & * * a & 0 6 a a 6 4 0 a * * 4 0 4 10-111 Inspection.............................. 6-148
Excavation permit ...................... 17-76
Fences, walls, hedges, permits ........... 6-186 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 permtis...... 9-601 ually oriented businesses
Building permits .................... 0 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............................ 10-155
License year established ............. 4 10-27 MOBILE HOMES AND MOBILE HOME
Limitation on term; half -year licenses.. 10-28 PARKS
Required. . I * P 0 0 4 0 9 4 4 0 0 4 9 0 0 0 V 0 * 0 0 * a * 4 4 10-26
Revocation ........................... 10-31 Zoning regulations for trailers and mobile
10-30 homes, ............................ 20-91 et seq.
Transfer of license.........
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........... 9-180
See: STREETS AND SIDEWALKS
Tree removal, land clearing permit ...... a 5-4 et seq. MOTELS. See: HOTELS AND MOTELS
Vested rights special use permit ......... 9-402 MOTOR VEHICLES AND TRAFFIC
LIENS Abandonment
Code enforcement board lien. . 4 * a 4 a 4 a a 0 4 2-62 Impoundment and redemption ........ 12-54
Application for satisfaction or release of 2-61.5 Prohibited ........................... 12-53
Public nuisance abatement board ........ 13-76 Adoption of state law. . * 4 4 S a b a 6 a 4 & S 4 a * a 6 0 12-2
Buses
LIQUOR. See: ALCOHOLIC BEVERAGES Stands, use of. . 4 a a 4 a * a 4 0 4 a * a a 4 a 4 a 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 ............................. 12-1
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 ............ 6-191
Land development requirements....... 9-155
MAPS. See: SURVEYS, MAPS AND PLATS Obstructions, ........................ 17-30
Supp. No. 5 3129
MOTOR VEHICLESAND TRAFFIC (Cont'd.)
Stop intersections
Certain ordinances not affected by
Code. a a 0 a a 6 0 0 4 a 0 4 0 0 0 0 0 0 a 0 a a 6 d
Land development
Off-street parking and loading. .
See: LAND DEVELOPMENT
Mobile homes to be parked in mobile home
parks; exception ...................
Off-street parking and loading
Generally............................
Land development requirements...... .
See: LAND DEVELOPMENT
Zoning regulations ...................
See: ZONING
One-way streets
Certain ordinances not affected by Code
Parking, stopping and standing
Bus, taxi stands, use of .............. .
Chief of police, powers and duties re
parking of vehicles ............. .
Cleaning, repairing vehicles on roadway
Impoundment and redemption of ille-
gally parked vehicles ........... .
Land development requirements for off-
street parking and loading ...... .
Sec: LAND DEVELOPMMENT
Loading or unloading zones .......... .
Mobile homes to be parked in mobile
home parks; exception, ......... .
No -parking areas
Certain ordinances not affected by
Code, I 1 0 1 & 0 4 1 6 g 0 4 6 0 0 0 0 0 a F 0 0 a 0
Obedience to signs, markings ........ .
Off-street parking and loading
Land development requirements ... .
See: LAND DEVELOPMENT
Zoning regulations .................
See: ZONING
Prohibitions, generally.
Stop intersections
Certain ordinances not affected by
Code. 4 4 0 a a 0 1 a F I & a 6 a 6 d 6 6 1 q 0 0 0 0
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 .........................0
Fines for violations ...................
Traffic violation bureau, powers and du-
ties of ..........................
Regulations generally ...................
Speed limits
Certain ordinances not affected by Code
WINTER SPRINGS CODE
Section
Section
MOTOR VEHICLES AND TRAFFIC (Cont'd.)
Vehicular speed limits ................
12-52
Taxicabs
14(14)
Passenger rates
Certain ordinances not affected by
9-276 et seq.
Code .........................
1-7(13)
Stands, use of. . d 4 6 V v 0 1 0 1 a 0 0 a * 0 g 0 4 0 040
12-68
Traffic violation bureau, powers and duties
12-70
of .................................
12-28
Traffic -control signs, signals and devices
12-69
Certain ordinances not affected by Code
1-7(14)
9-276 et seq.
Land development; streetlights and traf-
fic signs ........................
9-204
20-128 et seq.
Obedience to .........................
12-67
Truck routes
Certain ordinances not affected by Code
1-7(14)
1-7(14)
Violations, fines for .....................
12-30
Referral of parking violations to hearing
12-68
officer.
12-33
Zones
12-27
Loading and unloading zones.....,....
12-69
12-66
Zoning regulations for motor vehicles.....
20-431 et seq.
See: ZONING
12-54
MULCHING
9-276 et seq.
Land development requirements.
9-160
12-70 NOISE
Animals, birds .......................... 13-34
Disorderly conduct. 13-27
14(14) Drums, loudspeakers, etc, . 0 0 13-30
12-67 Gongs, sirens on vehicles ................ 13-32
Mechanical loudspeakers, amplifiers ..... 13-31
9-276 et seq. Peddlers, hawkers, vendors. 13-28
Prohibited generally .................... 13-26
20-128 et seq. Radios, phonographs, etc., playing ....... 13-33
School, church, hospital zones. 13-28
12-65 NUDITY
Nudity prohibited upon alcohol licensed
1-7(14) premises and bottle clubs........... 3-10
NUISANCES
Definitions. 13-1
12-27 Duty of owners of buildings to keep sur-
rounding property clean; notice; fail-
12-32 ure to comply with notice........... 13-3
12-31 Fire and security alarms ................ 13-51 et seq.
12-29 See: ALARMS AND ALARM SYSTEMS
General prohibition ..................... 13-1
12-33 Noise .................................. 13-26 et seq.
See: NOISE
12-26 Procedure for city enforcement of non-
12-30 imminent hazards ................. 13-4
Prohibitions ............................ 13-2
12-28 Public nuisnace abatement board ........ 13-70 et seq.
12-51 See: PUBLIC NUISANCE ABATEMENT
BOARD
1-7(14) Swimming pool nuisances ............... 6-222
Supp. No. 5 3130
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. D 4 * 4 4 h & s 0 4 0 a
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 ... ... Defeo ........Dow
See: BUILDINGS
Certain ordinances not affected by Code . .
City forester ............................
Code enforcement board inspector........
Code enforcement officers .............. .
Code violations
General penalty; continuing violation;
violations as public nuisance .... .
Definitions and rules of construction .... .
Deputy fire chief ........................
Election supervisor .....................
Emergency management director ....... .
Fire chief....... .. 0040 so** see 0 of 0 D D W I V V a
Deputy fire chief .....................
Floodplain administrator ................
See: FLOOD DAMAGE PREVENTION
Old age and survivors' insurance
Adoption of title II social security act . .
Contribution .........................
Custody of fund ..................... .
Execution of agreement ...............
Extension of benefits ................ .
Record ...............................
Pension plan
Adopted.............................
Board of trustee. .
Personnel rules or regulations
Certain ordinances not affected by Code
Policy, rules and regulations ............ .
Recall of elected officials ............... .
OFFICIAL TIME
Definitions and rules of construction .... .
OLD AGE AND SURVIVORS INSURANCE.
See: OFFICERS AND EMPLOYEES
CODE INDEX
Section
1-2
1-2
6-5 et seq.
1-7(18)
5-5
2-59
2-67 et seq.
1-15
1-2
7-4
2-81
2-253 et seq.
7-3
7-4
8-31 et seq.
14-30
14-28
14-31
14-27
14-26
14-29
1-2
OPEN-AIR BURNING
Regulated ..............................
PARKS AND RECREATION
Adult entertainment establishments, sex-
ually oriented businesses
Prohibited locations ..................
Concurrency administration and evalua-
tion procedure
Level of service standards (LOS) for
parks and recreation ............
Land development
Impact fees (police, fire, parks and rec-
reation facilities) ............... .
Public grounds
Definitions and rules of construction...
Use of city athletic facilities; fees ....... .
PEDDLERS, CANVASSERS AND SOLICI-
TORS
Alcoholic beverage vendors in town center
At-home sales .........................0
Noise provisions ........................
Transient or itinerant solicitors; permit
required; prerequisite to issuance .. .
Section
9-514
9-391
et seq.
PENSIONS AND RETIREMENT
Officers' and employees' pension plan . . . . 14-51 et seq.
See: OFFICERS AND EMPLOYEES
PERFORMANCE BONDS. See: BONDS,
SURETY OR PERFORMANCE
PERSON
Definitions and rules of construction ..... 1-2
Noise provisions ........................
13-33
PLANNING AND DEVELOPMENT
Comprehensive plan
Adherence tolaw. .....................
Adopted .............................
Compliance ..........................
Distribution of copies .................
Comprehensive plan amendments
15-28
15-26 et seq.
15-27
15-29
Advertisement of public hearing.......
Application deadline ..................
Authority, purpose and intent .........
City commission transmittal public hear-
15-39
15-32
15-30
ing .............................
Department of Community Affairs com-
15-38
ments ..........................
Effectiveness of the adopted anrend-
15-40
ment...........................
Exemptions ..........................
Initiation of amendments .............
Local planning agency review and rec-
15-43
15-33
15-31
ommendation ...................
Review
15-37
Criteria ...........................
15-36
Supp. No. 5 3131
WINTER SPRINGS CODE
Section
PLANNING AND DEVELOPMENT (Cont'd.)
Procedure ......................... 15-35
Transmittal of adopted amendment to
the Department of Community Af-
fairs ............................ 1542
Impact fees
Police, fire, parks and recreation facili-
ties ............................. 9-391 et seq.
Transportation facilities. 9-386 et seq.
Land development ...................... 9-1 et seq.
See: LAND DEVELOPMENT
Master beautification plan, . V 0 1 0 0 0 a 0 0 0 a 0 s 2-80
See also: BEAUTIFICATION BOARD
Tree protection and preservation
Protection during development, construc-
tion; periodic inspection.......... 544
Zoning regulations generally, . 20-1 et seq.
See: ZONING
PLATINUM
Secondhand precious metals ............. 10-151 et seq.
Q= SErnrmuANM PrVECInLTN r1IET
ALS
PLATS. See: SURVEYS, MAPS AND PLATS
PLAYGROUNDS
P10-bit.i01is ............................ 13-2
PLUMBING
Cross -connection control, backflow preven-
tion ............................... 19-151 et seq
See: UTILITIES
Fees...................................
Inspecti
on..............................
Plumbing code adopted ..................
Swimming pools, plumbing requirements
Terms defined ..........................
POLICE DEPARTMENT
Emergencies, police .................... .
Land development
Impact fees (police, fire, parks and rec-
reation facilities) ............... .
Traffic responsibility ................... .
See: MOTOR VEHICLES AND TRAF-
FIC
POLITICS. See: ELECTIONS
PRECEDING, FOLLOWING
Definitions and rules of construction .... .
PRECIOUS METALS. See: SECONDHAND
PRECIOUS METALS
PRISONS AND PRISONERS
Code violations
General penalty; continuing violation;
violation as public nuisance ..... .
PROCEEDINGS. See: SUITS, ACTIONS AND
OTHER PROCEEDINGS
6-129
6-128
6-126
6-221
6-127
Pbd:'�a
9-391 et seq.
12-26 et seq.
1-2
Sapp. No. 5 3132
PROPERTY
Abandoned property, disposition by city.. .
City -owned personal property
Definition ............................
Disposal of surplus property ......... .
Identification; records; inventory ..... .
Property supervision and control ..... .
Surplus property, disposal of ......... .
Definitions and rules of construction .... .
Handbill distribution upon residential prop-
erty prohibited without consent of
owner .............................
Real estate signs, a h 0 4 0 6 0 0 0 0 F 0 6 s h 6 4 0 0 V 0 1 0
PUBLIC NUISANCE ABATEMENT BOARD
Appeal.................................
Composition; term ..................... .
Creation of the public nuisance abatement
board.............................
Definitions .............................
Enforcement procedures.
lii '� aria yuyu52 .................... .
Penalties; fines; liens; recording......... .
Powers; duties; jurisdiction ............. .
PUBLIC PLACES. See: STREETS AND SIDE-
WALKS
PUBLIC SERVICE TAX. See: TAXATION
PUBLIC WORKS AND IMPROVEMENTS
Code violation
Penalty by labor on city works ....... .
Land development required improvements
See: LAND DEVELOPMENT
Local improvements
Certain ordinances not affected by Code
PURCHASING. See: FINANCES
RADIOS
Noise provisions ....................... .
RATIONING
Declaration of a state of emergency ..... .
REAL ESTATE
Signs..................................
RECLAIMED WATER SYSTEM. See: UTILI-
TIES
RECREATION. See: PARKS AND RECRE-
ATION
RETIREMENT. See: PENSIONS AND RE-
TIREMENT
ROCKS
Land development rock removal. , ..... .
RUMMAGE SALES
At-home sales ..........................
Section
2-1
1-15
9-176 et seq.
2-255
CODE INDEX
Section Section
S SIGNS AND ADVERTISING (Cont'd.)
SCHOOLS Vehicles in public places, distribution on
or in prohibited ................. 16-28
Adult entertainment establishments, sex- Identification signs 16-86
ually oriented businesses
Nonconforming signs .................... 16-56
Prohibited locations .................. 10-101 Outdoor display/billboards
Alcoholic beverage sales prohibited near.. 3-2 Off -premises signs prohibited ......... 16-77
Noise provisions ........................ 13-28 On -premises signs.................... 1648
SECONDHAND PRECIOUS METALS Permits
Dealing with persons under age eighteen Building permit required, . a * a a a 0 a 0 a a a a 16-53
years prohibited ................... 10455 Exemption from permit requirement... 16-55
Definitions ............................. 10451 Fee.................................. 16-54
Minors Political signs .........................a 16-80
Dealing with persons under age eigh- Prohibited signs ........................ 16-57
teen years prohibited............ 10-155 Purpose and intent ..................... 16-52
Storage of articles during waiting period . 10-154 Real estate signs, . 0 66#4 4#44 f F 9 a 0 4 4 V a 9 0 16-82
Transactions, register of. . 4 * h 4 4 6 0 h a # h 4 0 * * 10-152 Standards generally..................... 16-76
Waiting period prior to disposal of certain Traffic signs ............................ 12-67
property.... .... 9 bete4ed 0 so 0 B*044 a& 10-153 Variances .............................. 16-58
Weather, 16-88
SECURITY ALARM
Provisions generally. . 4 h a 4 6 h 0 * 6 a 4 * a F 13-51 et seq. SILVER
See: ALARMS, ALARM SYSTEMS Secondhand precious metals ............. 10-151 et seq.
See: SECONDHAND PRECIOUS MET-
SEMINOLE COUNTY. See: COUNTY ALS
SEPTIC TANKS SIRENS
Land development, septic tank require- Noise provisions ........................ 13-32
ments............................. 9-107
Wastewater system, private septic tanks re 19-29 SODDING
Land development requirements ......... 9-160
SEVERABILITY SOIL
Severability of parts of Code. 1-13
Land development soil removal .......... 9-8
SEWERS. See: UTILITIES
SOLICITORS. See: PEDDLERS, CANVASS -
SHALL, MAY ERS AND SOLICITORS
Definitions and rules of construction ..... 1-2 SPRINKLER SYSTEMS
SHRUBBERY. See: TREES AND SHRUB- Automatic fire sprinkler systems
BERY Florida Fire Prevention Code, local
amendment to. 7-60
SIDEWALKS. See: STREETS AND SIDE-
WA,KS STAGNANT WATER
Property owner responsibility re ......... 13-2(e)
SIGNATURE, SUBSCRIPTION
Definitions and rules of construction ..... 1-2 STATE
Definitions and rules of construction ..... 1-2
SIGNS AND ADVERTISING Florida Building Code, administrative
Banners . . .............................. 16-87 amendments to. See: BUILDINGS
Bench signs ............................ 16-85 Florida Fire Prevention Code, local amend -
Building permit required ................ 16-53 ment to ........................... 746 et seq.
Construction signs ...................... 16-81 See: FIRE PREVENTION AND PRO -
Definitions ............................. 16-51 TECTION
Directional signs ........................ 16-84
Garage sale signs ....................... 16-83 STORAGE
Handbills and procedures, distribution of Temporary storage structures ............ 6-35
Aiding and abetting prohibited ........ 16-29 STORMWATER
Exemptions from provisions........... 16-30 Stormwater management utility ........19-161 et seq
.
Findings of fact ...................... 16-26 See: UTILITIES
Granting of variances, . 16-31
Residential property, distribution upon STREETS AND SIDEWALKS
prohibited without consent of owner 16-27 Access control .......................... 17-29
Supp. No. 5 3133
WINTER SPRINGS CODE
Section
STREETS AND SIDEWALKS (Cont'd.)
Code violation
Penalty by labor on street, .
1-15
Dedicating, naming, establishing, etc.,
streets
Certain ordinances not affected by Code
14(5)
Definitions and rules of construction .....
1-2
Excavations
Barricades, erection and lighting of....
17-80
Bond required, . a & s 0 F o 0 0 0 * 0 0 0 0 a a 6 a o * 0 4
17-77
Duty and liability of permit holder.....
17-79
Erection and lighting of barricades ....
17-80
Inspection ...........................
1748
Permit required ......................
17-76
Fences, etc., limitations for streets .......
6-191
Flood damage control ...................
8-2
Grades
Certain ordinances not affected by Code
1-7(6)
Handbill distribution in public places pro-
hibited ............................
16-29
Tntargartinne nhetrUrtinn of �.icinn at, , , , ,
17 QQ
Land development requirements for streets,
alleys, bridges, etc, , ................
9-146
et seq.
See: LAND DEVELOPMENT
Littering
0enerally. ............................
13-2
Prohibited ...........................
17-28
Locating, opening, paving, etc., streets
Certain ordinances not affected by Code
1-7(5)
New street; permit required .............
17-26
Obstructions
Street intersections, vision at .........
17-30
Streets and sidewalks; permit required
17-1
Permits
Awnings erected over sidewalks, per-
mits re .........................
17-51
et seq.
See herein: Sidewalks
Excavation permits
Duty and liability of permit holder ..
17-79
Generally ........................0
1746
New street; permit required...........
17-26
Obstructing streets and sidewalks; per-
mit required ....................
17-1
Public places
Definitions and rules of construction...
1-2
Rights -of -way permit fee election.........
18-31
Sidewalks
At-home sales.
10-137
Definitions and rules of construction...
1-2
Land development requirements.......
9-221
Permit for erection of awnings, etc., over
sidewalks
Fee ...............................
17-52
Required; application ..............
17-51
Transportation impact fees ............. a
9-386.1
et seq.
See: LAND DEVELOPMENT
Trees and shrubbery, removal prohibited .
17-28
Uniform building numbering system .....
9-370
et seq.
See: BUILDINGS
Supp. No. 5 3134
Section
STREETS AND SIDEWALKS (Cont'd.)
Unsafe buildings, closing streets for vacat-
ing ................................ 6-169
Vacating and abandoning streets and al-
leys ..............................0 17-27
Violations, penalties, . a a a 4 h 4 * 4 0 9 0 0 0 0 0 a 0 a d 17-31
Widening, vacating, etc., streets
Certain ordinances not affected by Code 1-7(5)
SUBDIVISIONS
Certain ordinances not affected by Code .. 1-7(10), (12)
Flood damage control standards. 8-51
,and development ...................... 9-1 et seq.
See: LAND DEVELOPMENT
Planned unit developments, subdivision plan 20-83 et seq.
See: ZONING
Zoning regulations generally, . 20-1 et seq.
See: ZONING
SUBSCRIPTION, SIGNATURE
Definitions and rules of construction ..... 1-2
SU1'1'S, A(:'1'lU1VS AND U'1'HER I'1CUCEED-
INGS
Repeal of ordinances, effect of............ 1-8
SURETY BONDS. See: BONDS, SURETY
OR PERFORMANCE
SURVEYS, MAPS AND PLATS
Certain ordinances not affected by Code ..
Land development platting requirements.
9-1 et seq.
See: LAND DEVELOPMENT
Zoning map
Certain ordinances not affected by Code
1-7(15)
Working maps and procedures.........
20-102
SWEAR OR SWORN. See: OATH, AFFIRMA-
TION, SWEAR OR SWORN
SWIMMING POOLS
Code adopted ..........................0
6-210
Conflict with deed restrictions
6-223
...........
Contractor's qualifications ...............
6-214
Definitions .............................
6-211
Design and construction requirements....
6-216
Electrical requirements.
6-220
Enclosure required, .
6-217
General construction provisions for con-
crete pools, .
6-218
Inspection .......... ....................
6-213
Nuisances ..............................
6-222
Owner's privilege.
6-215
Permit
Application; plans and specifications ...
6-212
Plumbing requirements.
6-221
Stagnant water .........................
13-2(e)
Yards
6-219
..................................
TAXATION
Certain ordinances not affected by
TAXATION (Com, o
Local improvements assessments
Alternative method ...................
Assessed areas and advisory committees
Creation of advisory committees ... .
Definition of assessed areas ....... .
Landowner petition process........ .
Collection of assessments
Alternative method of collection.... .
Government property ............. .
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. . 0 f f 0
Terms of the obligations ........... .
Trustfunds ........................
Variable rate obligations .......... .
Local improvement assessments
Adoption of final local improvement
assessment resolution ........ .
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 .
Notice by
Mail............................
Publication .....................
Procedural irregularities.
Revisions to .......................
Related service assessments
Adoption of final related service as-
sessment resolution .......... .
Annual related service assessment res-
olution .......................
Authority .........................
Correction of errors and omissions . .
Effect of related service assessment
resolutions ...................
Initial related service assessment res-
olution .......................
Lien of assessments ................
Notice by
Mail, 0 4 * 0 W V 4 6 F 6 9 4 d 6 * d * 4 * 4 * b 4 0 4 4 &
Publication ................... a .
Procedural irregularities .... gets fee
Related service assessment roll .... .
CODE INDEX
Section Section
TAXATION (Cont'd.)
Revisions to related service assess,,,
18-94 ments........................ 18-78
Municipal public service tax
18-55 Collection by seller ................... 18-28
18-54 Exemptions .......................... 18-27
18-56 Interest and penalties ................ 18-30
Levy ................................ 18-26
18-82 Rights -of -way permit fee election ...... 18-31
18-84 Seller's records ....................... 18-29
18-81
18-83 TAXICABS. See: MOTOR VEHICLES AND
18-51 TRAFFIC
18-53 TELEGRAPH
18-52 Public service tax ....................... 18-26 et seq.
See: TAXATION
18-89
18-85 TELEPHONES
18-93 Emergency telephone number............ 13-55
18-92 Flood damage control ................... 8-2
18-90 Public service tax ....................... 18-26 et seq.
18-88 See: TAXATION
18-86 TELEVISION
18-91 Dish antenna ........................... 6-83
18-87
TERRITORY
Annexations
18-62 Certain ordinances not affected by Code 1-7(9)
18.63 THEATERS
18-57 Adult entertainment establishments ..... 10-55 et seq.
18-68 See: ADULT ENTERTAINMENT ES-
TABLISHMENTS, SEXUALLY
18-64 ORIENTED BUSINESSES
TRAFFIC. See: MOTOR VEHICLES AND
18-58 TRAFFIC
18-65
18-59 TRAILERS. See: MOBILE HOMES AND MO-
BILE HOME PARKS
18-61
18-60 TRASH. See: GARBAGE AND TRASH
18-67 TREES AND SHRUBBERY
18-66 Injuring city -owned shade trees.......... 11-4
Land development
Clearing rights -of -way of trees ........ 9429
18-74 Streets, removal of trees and shrubbery on 17-28
Tree protection and preservation
18-75 Applicability ......................... 5-1
18-69 Authorization to adopt rules, regula-
18-80 tions, fees for implementation .... 5-19
Calculating tree protection zone, (App.
18-76 C to Chap. 5)
City forestry office, . 5-5
18-70 Definitions... of go *04*0 be Defoe 04*64 604 5-3
18-77 Desirable trees, (App. B to Chap. 5)
Development, construction, protection
18-73 during; periodic inspection ....... 5-14
18-72 Enforcement; penalties ............... 5-18
18-79 Intent, purpose, 0*0 90*0 5-2
18-71 Minimum tree requirement ........... 5-13
Supp. No. 5 3135
WINTER SPRINGS CODE
Section
TREES AND SHRUBBERY (Cont'd.)
Permit required: tree removal, land clear-
ing; separate violations; criteria;
contractor permit required ...... 6
5-4
Application, permit ................
5-6
Contents; expiration; removal after
expiration of permit...........
5-12
Prohibitions, a 0 0 0 a a a * 0 4 0 4 0 a 0 0 0 0 0 a 0 a a a a
5-10
Remedial action ......................
5-17
Specimen, historic trees, a p 1 0 0 a 0 0 a &lost
5-8
Tree protection area signage, (App. D to
Chap. 5)
Tree pruning standards.
5-7
Tree replacement guidelines...........
5-9
Undesirable trees, (App. A to Chap. 5)
Voluntary tree planting ...............
5-15
Waivers; incentive program and appeals
5-16
TRESPASSING
Conditions constituting trespassing ...... 11-3
Utility protection, enforcement
Trespass ............................. 19-303
u
UNSAFE RUII.rDIn?CTS. See: BiJII,DINGS
UTILITIES
Charges. See herein: Rates, Fees and
Charges
Concurrency administration and evalua-
tion procedure
Level of service standards (LOS) ......
9-510 et seq.
See: LAND DEVELOPMENT
Cross -connection control, backflow preven-
tion
Administration .......................
19-153
Backflow prevention devices
Installation, testing and maintenance
of ............................
19-155
Changes to manual ...................
19-152
Cross -connection violations and penal-
ties .............................
19-156
Inspection and testing, right of access..
19-154
Intent ...............................
19-150
Manual adopted by reference; compli-
ance required ...................
19-151
Fees. See herein: Rates, Fees and Charges
Fences, walls, etc., for utility easement, a 0
6-192
Flood damage prevention requirements re
utilities ...........................
8-1 et seq.
See: FLOOD DAMAGE PREVENTION
Garbage service to be provided for certain
tenants ...........................
19-1
Land development
Utilities services to be underground, ex-
ception .........................
9-104
Water and sewer systems, requirements
for .............................
9-261
Supp. No. 5 3136
Section
UTILITIES (Cont'd.)
Permits
Industrial wastewater contribution per,,
.............................
19-52
Public service tax .......................
18-26 et seq.
See: TAXATION
Rates, fees and charges
Wastewater system .................. 0
19-91 et seq.
See herein: Wastewater System
Reclaimed water system
Definitions ...........................
19-136
Inspection ...........................
19-140
Rates and charges ....................
19-138
Routing and construction .............
19-137
Service procedures, regulations........
19-139
Promulgation, enforcement of.......
19-139
Septic tanks
Private septic tanks re wastewater sys-
tem............................
19-29
Sewers. See herein: Wastewater System
Stormwater management utility
Adjustment of fees ...................
19-166
Billing, payment, penalties and enforce-
ment ...........................
19-165
Definitions ...........................
19-162
Fee created ..........................
19-163
hates, schedule of ....................
19-164
Stormwater management utility fund ..
19-167
Title. 0 a 0 a a 0 4 0 4 p 0 9 0 1 p 0 0 a a a a 4 0 4 0 0 p * 0 0 a
19-161
Utility protection, enforcement
Enforcement .........................
19-304
Meters furnished by, remain property of
city; all water must pass through
meter, a 0 0 0 0 a a 1 0 0 0 a 6 4 a a 0 * 1 0 a & *sea
19-300
Right of entry of authorized agents, em-
ployees .........................
19-301
Tampering with city utility system ....
19-302
Trespass .............................
19-303
Wastewater system
Accidental discharge protection........
19-74
Charges. See herein: Rates, Fees and
Charges
Contaminants prohibited, a t 0 9 total 0 a 6 a
19-72
Definitions ...........................
19-26
Discharges prohibited, a 4 6 6 as 0 as a 0 0 a 0 * *
19-71
Enforcement .........................
19-53
Enforcement board ...................
19-30
Fees. See herein: Rates, Fees and Charges
Industrial wastewater contribution per-
mit.............................
19-52
Inspection and monitoring ............
19-51
Penalties and charges.
19-31
Pretreatment ........................
19-73
Private septic tanks ..................
19-29
Public sewers, required use of, a 6 0 0 * 0 0 0
19-28
Rates, fees and charges
Annual rate review ................
19-99
Appeals ...........................
19-98
Application requirements...........
19-100
Billing, payment, delinquency ......
19-97
CODE INDEX
Section Section
UTILITIES (Cont'do) WATER AND SEWERS. See also: UTILITIES
Conservation methods. 19-94 Concurrency administration and evalua-
Definitions. ....................... 19-91 tion procedure
Intent....... 4 0 a a a 0 * 0 0 1 9 19-92 Level of service standards (LOS) ...... 9-510 et seq.
Office hours ....................... 19-101 See: LAND DEVELOPMENT
Penalties and charges, ............. 19-31 Declaration of a state of emergency; water
Policy for bill adjustments for unex- use restrictions .................... 2-255
plained excessive use.......... 19-98.5 Kennels
Revenue .......................... 19-95 Generally............................ 20-415
Sewerage revenue generation system Zoning, . 0 0 9 20416
Accountant certification of ade- Reclaimed water system ................. 19-136 et seq.
quate maintenance ......... 19-129 See: UTILITIES
Accounts established ............ 19-126 Water shortage conditions and shortages . 19-200 et seq.
• Deposits ........................ 19-127 See: UTILITIES
Expenditures ................... 19-128 WATERWAYS AND WATERCOURSES
User charge
19-96 Flood damage prevention ................ 8-1 et seq.
Generally......
. " ' 4 " " " " " ' See: FLOOD DAMAGE PREVENTION
Schedule, p 6 4 * * f p * 0 0 4 0 0 0 * 0 6 4 6 4 4 d 19-102
System ......................... 19-93 Prohibitions ............................ 13-2
Septic tanks, private.. ... be 0*90 0*04 fee 19-29 WEAPONS. See: FIREARMS AND WEAP-
Sewerage revenue generation system ONS
Accountant certification of adequate
maintenance ................. 19-129 WEATHER
Accounts established ............... 19-126 Weather emergencies.................... 2-261
Deposits .......................... 19-127 WEEDS
Expenditures....... .... a eel 0 of 0 of 0 19-128 Accumulation or untended growth of ..... 13-2(c)
Use of wastewater system, . * 0 0 * q d 4 0 h 4 h 19-27
Water shortage conditions and shortages WINE. See: ALCOHOLIC BEVERAGES
Application of this article ............. 19-202
Definitions, .......................... 19-201 WINTER SPRINGS. See: CITY
Enforcement ......................... 19-205 WRITS, WARRANTS AND OTHER PRO -
Exception ............................ 19-206 CESSES
Implementation ...................... 19-203 Subpoenas
Intent and purpose ................... 19-200 Code enforcement board powers....... 2-61
Penalties ............................ 19-207
Water use constitutes acceptance of pro- WRITTEN, IN WRITING
visions of the article.. 9 19-208 Definitions and rules of construction ..... 1-2
Water uses, surcharges and factors con-
sidered ......................... 19-204 Y
YARD SALES
V At-home sales .......................... 10-137
VEHICLES. See: MOTOR VEHICLES AND
TRAFFIC
VENDORS. See: PEDDLERS, CANVASSERS
AND SOLICITORS
VOTES, VOTING. See: ELECTIONS
W
WALLS. See: FENCES, WALLS, HEDGES
AND ENCLOSURES
WARES. See: GOODS, WARES OR MER-
CHANDISE
WARRANTS. See: WRITS, WARRANTS AND
OTHER PROCESSES
WASTEWATER. See: UTILITIES
YARDS AND OPEN SPACES
Land development; public sites and open
spaces ............................ 9-103
Swimming pools, yard requirements re ... 6-219
Zoning regulations generally, 20-1 et seq.
See: ZONING
YEAR
Definitions and rules of construction ..... 1-2
[The next page is 3141]
Supp. No. 5 3137
ZONING
Actions to alter, etc... .... h4h4 *00*qf 4 0 g 1
tc..................... .
Adult entertainment establishments
Generally ............................
Animals ................................
Basis for regulations and requirements
herein set forth ................... .
Board of adjustment
Compensation; allowances for expenses
incurred in performance of duties.
Composition, appointment of members.
Creation .............................
Duties and powers; generally......... .
Meetings; quorums; records to be kept.
Procedures, f f 4 0 0 * 0 * * 0 a 9 * a a 0 a * & 0 & * 6 4 4 6
rocedures...........................
Term; filling vacancies; removal of mem-
bers............................
Buffers
Residential wall buffers required ..... .
Building area regulations
C-1 Neighborhood Commercial Districts
C-2 General Commercial and Industrial
Districts... 0 off
R-1 One -Family Dwelling District .... .
R-lAA and R-lA One -Family Dwelling
Districts ........................
R-1AAA Single -Family Dwelling Dis-
tricts...........................
R-3 Multiple -Family Dwelling Districts
R-CI Single -Family Dwelling Districts .
R-U Rural Urban Dwelling Districts .. .
T-1 Trailer Home Districts ........... .
Building height regulations
C-1 Neighborhood Commercial Districts
I-1 Light Industrial District.......... .
R-1 One -Family Dwelling District .... .
R-lAA and R-lA One -Family Dwelling
Districts... ... hd*d h*9***o4o*o off
R-1AAA Single -Family Dwelling Dis-
tricts...........................
R-3 Multiple -Family Dwelling Districts
R-CI Single -Family Dwelling Districts .
R-U Rural Urban Dwelling Districts ...
C-1 Neighborhood Commercial Districts
Building height regulations .......... .
Building site area regulations ....... 0 .
Conditional uses ................... 4 .
Front, rear and side yard regulations . .
Generally ............................
Off-street parking regulations ....... 4 .
Uses permitted, 0 9 0 v 4 0 9 0 * 0 0 9 0 0 a 0 4 0 4 * 0 .
C-2 General Commercial and Industrial
Districts
Building site area regulations ........ .
Generally ............................
Uses permitted ...................... .
Certain ordinances not affected by Code . .
Changes and amendments. .
CODE INDEX
Section Section
ZONING (Cont'd.)
City commission, action of ............... 20-27
Code enforcement board ................. 2-56 et seq.
20-28 See: CODE ENFORCEMENT BOARD
Commercial vehicles defined. 20-432
10-100 Comprehensive plan .................... 15-26 et seq.
20-413 See: PLANNINGAND DEVELOPMENT
Conditional uses
20-2 C-1 Neighborhood Commercial Districts 20-234
I4 Light Industrial District........... 20-261
20-80 R-1 One -Family Dwelling District ..... 20-183
20-77 R-1AA and R-lA One -Family Dwelling
20-76 Districts ........................ 20-163
20-82 R-1AAA Single -Family Dwelling Dis-
20-81 trzcts........................... 20423
20-83 R-3 Multiple -Family Dwelling Districts 20-208
R-CI Single -Family Dwelling Districts . 20-143
20-78 R-U Rural Urban Dwelling Districts ... 20-268
Construction
20-417 R-T Mobile Home Park Districts, appli-
cation for construction ........... 20-317
20-236 Definitions ............................. 20-1
Districts
20-253 C-1 Neighborhood Commercial Districts 20-231 et seq.
20-185 C-2 General Commercial and Industrial
Districts ........................ 20-251 et seq.
20-165 Changes and amendments ............ 20-104
Division of city ....................... 20401
20-125 GreeneWay Interchange Zoning District 20-328 et seq.
20-210 I-1 Light Industrial District........... 20-258 et seq.
20445 Official zoning map, working maps and
20-270 procedures.................. 20-102
20-295 Planned unit development
Part A. 20-351 et seq.
20-235 Part B ............................ 20-376 et seq.
20-260 R-1 One -Family Dwelling District ..... 20-181 et seq.
20484 R-lAA and R-lA One -Family Dwelling
Districts ........................ 20-161 et seq.
20-164 R-1AAA Single -Family Dwelling Dis-
tricts ........................... 20-121 et seq.
20424 R-3 Multiple -Family Dwelling Districts 20-206 et seq.
20-209 R-CI Single -Family Dwelling Districts . 20-141 et seq.
20444 Restrictions upon lands, buildings and
20-269 structures ...................... 20-103
R-T Mobile Home Park Districts....... 20-311 et seq.
20-235 R-U Rural Urban Dwelling Districts ... 20-266 et seq.
20-236 T-1 Trailer Home Districts ............ 20-291 et seq.
20-234 Town Center District Code ............ 20-320 et seq.
20-237 Division of city ........................ a 20-101
20-231 Exceptions ............................. 20414
20-238 Final development plan
20-232 Alterations, . 0 0 a 4 a a 0 a 0 * a * 0 & & h 0 0 4 * 4 0 f 9 20-359
Planned unit development Part A...... 20-357
Final engineering plan
20-253 Planned unit development Part B, ap-
20-251 proval .........................0 20-384
20-252 Final subdivision plan
1-7(15) Planned unit development Part B ..... 20-383
20-104 Alterations.... 004 a 4*6 bbdqd low 20-386
Supp. No. 5 3141
ZONING (Confd01
Flood damage prevention.
See: FLOOD DAMAGE PREVENTION
Front yard regulations. See herein: Yards
and Open Spaces
Gasoline stations .......................
GreeneWay Interchange Zoning Distinct
Buffers and walls . . . . . . . . . . . . . . . . . . . .
Building and screening design guide-
lines............................
Building height ......................
Cross -access easements ...............
Developer's agreement ............... .
General uses and intensities ......... .
Land coverage .......................
Landscaping .........................
Permitted uses, conditional uses, acces-
sory uses and structures, off-street
parking and driveway requirements
Prohibited uses ......................
PllrnogP............................
Setbacks .............................
Signs................................
Utility lines ......................... .
I-1 Light Industrial District
Building height regulations ....... , .. .
Bulk regulations.
Conditional uses .................... .
Generally............................
Uses permitted ...................... .
Interpretation, purpose and conflict ..... .
Kennels...............................0
Zoning...............................
Land development ......................
See: LAND DEVELOPMENT
Lot coverage
R-1 One -Family Dwelling District .... .
R-lAA and R-lA One -Family Dwelling
Districts ........................
R-lAAA Single -Family Dwelling Dis-
tricts...........................
R-3 Multiple -Family Dwelling Districts
R-CI Single -Family Dwelling Districts .
R-U Rural Urban Dwelling Districts ...
Master plan
Planned unit development Part B . . . . .
Alterations. ...................
Motor vehicles
Authorized commercial vehicles
Limited -term parking permits ..... .
Residential areas, in .............. .
Residentially zoned districts, in. 0 1 .
Commercial vehicles defined ......... .
Exempted vehicles, 1 0 0 a 0 & 0 a a 1 6 a 0 a 6 h 0 4 t
Parking, storage or maintenance of cer-
tain vehicles prohibited in residen-
tially zoned districts .............
Storage, repair, etc., of disabled motor
vehicles; approved., .. *a go eel 0 bad
WINTER SPRINGS CODE
Section Section
ZONING (Cont'd.)
8-1 et seq. Official zoning map, working maps and
procedures ........................ 20-102
Off-street parking regulations
Cool Neighborhood Commercial Districts 20-238
20-418 Roof One -Family Dwelling District ..... 20-189
R-lAA and R-1A One -Family Dwelling
20-336 Districts ........................ 20-169
R-lAAA Single -Family Dwelling Dis-
20-340 tricts ........................... 20-128
20-331 R-3 Multiple -Family Dwelling Districts 20-213
20-339 R-CI Single -Family Dwelling Districts . 20-148
20-341 R-U Rural Urban Dwelling Districts ... 20-273
20-329 Parking, storage or maintenance of certain
20-333 vehicles prohibited in residentially
20-335 zoned districts ..................... 20-431
Permits
T-1 Trailer Home Districts ............ 20-293
20-334 Permitted uses
20-330 Planned unit development
90-11199 Part A ............................ 20-353
20-332 Part li............................ 20-379
20-337 Planned unit developments
20-338 Part A planned unit development
Appeal ............................ 20-362
20-260 Control of development following ap-
20-262 proval after construction cour-
pleted........................ 20-360
20-261 Definitions ........................ 20-351
20-258 Final development plan ............ 20-357
20-259 Alterations to ................... 20-359
20-5 Intent and purpose of district....... 20-352
20-415 Permitted uses ...................0 20-353
20-416 Preliminary development plan ...... 20-356
9-1 et seq. Alterations to..................1 20-358
Procedure for approval ............. 20-355
Site development standards ........ 20-354
20-187 Time restrictions on approval....... 20-361
Part B planned unit development
20-167 Appeal ............................ 20-389
Control of development following ap-
20-127 proval after construction com-
20-212 pleted........................ 20-387
20-147 Definitions ........................ 20-376
20-272 Final engineering plan approval .... 20-384
Final subdivision plan, . 4 1 0 4 * 6 6 0 69 0 1 20-383
20-382 Alterations to ................... 20-386
20-385 Intent and purpose of district....... 20-377
Interpretation, purpose and conflict . 20-378
Master plan ....................... 20-382
20-436 Alteration to .................... 20-385
20-434 Permitted uses .................... 20-379
20435 Procedure for approval of planned unit
20-432 development, 1 6 4 1 4 6 1 * 1 0 0 1 a 0 1 0 & 20-381
20-437 Site development standards ........ 20-380
Time restrictions on approval....... 20-388
Planning and zoning board
20431 Assistants ........................... 20-58
Compensation; allowances for expenses
20-433 incurred in performance of duties. 20-55
Supp. No. 5 3142
CODE INDEX
Section
Section
ZONING (Cont'd.)
ZONING (Cont'd.)
Composition, appointment of members.
20-52
Uses permitted.
20-142
Created. . * V q V 0 0 0 0 0 0 0 0 0 4 # 0 0 a a & 0 * a 0 * 0 * a
20-51
Rear yard regulations. See herein: Yards
Duties; general .......................
20-57
and Open Spaces
Meetings; quorum; records to be kept ..
20-56
Residentially zoned districts, parking, stor-
Term; filling vacancies; removal of mem-
age or maintenance of certain vehi-
bers ............................
20-53
cles prohibited in ..................
20-431
Preliminary development plan
Restrictions upon lands, buildings and struc-
Planned unit development Part A......
20-356
tures ..............................
20-103
Alterations.... . 00*0 64 04 see D* a a s 4 *
20-358
Rezoning
Prohibited uses
R-T Mobile Home Park Districts, appli-
R-T Mobile Home Park Districts.......
20-315
cation for rezoning ..............
20-316
Purpose of provisions ...................
20-3
Waiting period for....................
2-117
R4 One -Family Dwelling District
R-T Mobile Home Park Districts
Building height regulations ...........
20-184
Construction, application .............
20-317
Building site area regulations .........
20-185
Definition of terms ...................
20-311
Conditional uses .....................
20-183
Description of district.................
20-312
Front, rear and side yard regulations ..
20-186
Minimum development standards and
Generally ............................
20481
requirements....................
20-318
Lot coverage .........................
20-187
Prohibited uses ......................
20-315
Off-street parking regulations .........
20-189
Rezoning, application .................
20-316
Use, area and yard exceptions.........
20-188
Special accessory uses ................
20-314
Uses permitted. . 0 4 0 0 * 0 9 a 9 a * 9 a 6 6 0 4 4
20-182
Special requirements .................
20-319
R-1AA and R-lA One -Family Dwelling Dis-
Uses permitted. . & * 6 4 * * 4 V 0 V * * 0 0 6 0 9 0 4 0 0
20-313
tricts
R-U Rural Urban Dwelling Districts
Building area regulations .............
20-165
Building height regulations ...........
20-269
Building height regulations ...........
20-164
Building site area regulations .........
20-270
Conditional uses .....................
20-163
Conditional uses .....................
20-268
Designation, .........................
20-161
Front, rear and side yard requirements
20-271
Front, rear and side yard regulations..
20-166
Generally ............................
20-266
Lot coverage .........................
20-167
Lot coverage.........................
20-272
Off-street parking regulations .........
20-169
Off-street parking regulations .........
20-273
Use, area and yard exceptions.........
20-168
Uses permitted . ......................
20-267
Uses permitted. . 4 s 4 6 * h h 4 0 * * 0 4 V * 0 9 V 0
20462
Scope of provisions,.....................
20-4
R-1AAA Single -Family Dwelling Districts
Sexually oriented businesses
Building area regulations .............
20-125
Generally,...........................
10-100
Building height regulations ...........
20-124
Side yard regulations. See herein: Yards
Conditional uses .....................
20-123
and Open Spaces
Designation... oft *@a 0 of be 0*0 so 9
20-121
Site development standards
Front, rear and side yard regulations ..
20-126
Planned unit development
Lot coverage .........................
20-127
Part A ............................
20-354
Off-street parking regulations.........
20428
Part B ............................
20-380
Uses permitted .......................
20-122
Special accessory uses
R-3 Multiple -Family Dwelling Districts
R-T Mobile Home Park Districts.......
20-314
Building area regulations .............
20-210
S.R. 434 corridor overlay plan
Building height regulations...........
20-209
Creation .............................
20462
Conditional uses .....................
20-208
General design standards for new devel-
Designation ..........................
20-206
opment area
Front, rear and side yard regulations ..
20-211
Applicability to new development over -
Lot coverage .........................
20-212
lay zoning district.............
20-463
Off-street parking regulations .........
20-213
Buffers and walls ..................
20-469
Uses permitted. . 0 0 a 0 * 0 b 0 9 a * 0 a 4 * 0 & 0 0 a 4
20-207
Building and screening design guide-
R-CI Single -Family Dwelling Districts
lines... .. so*@ *0*0*h*o
20473
Building area regulations .............
20-145
Building height....................
20-464
Building height regulations ...........
20-144
Corridor access management .......
20-472
Conditional uses .....................
20-143
Development agreement............
20-474
Designation ..........................
20-141
Land coverage.....................
20466
Front, rear and side yard regulations..
20-146
Landscaping, . 0
20-468
Lot coverage .........................
20-147
Off-street parking and driveway re -
Off -street parking regulations.........
20-148
quirements...................
20-467
Supp. No. 9 3143
WINTER SPRINGS CODE
Section
ZONING (Cont'd.) ZONING (Cont'de)
Setbacks .......................... 20-465 R-1AA and R-IA One -Family Dwelling
Signs ............................. 20-470 Districts........................
Utility lines ....................... 20-471 Use, area and yard exception ...... .
General design standards for redevelop- R-1AAA Single -Family Dwelling Dis-
ment area tricts ...........................
Applicability to redevelopment over- R-3 Multiple -Family Dwelling Districts
lay zoning district......-.-..-.-... -------20,-480 --- R-CI-Single-Family Dwelling Districts .
Buffers and walls .................. 20-485 R-U Rural Urban Dwelling Districts .. .
Building and screening design guide- T-1 24•ailer Home Districts ........... .
lines ......................... 20-489 Zoning board. See herein: Planning and
Building height .................... 20481 Zoning Board
Corridor access management ....... 20-488 Zoning map
Development agreement............ 20490 Certain ordinances not affected by Code
Intent, . 4 0 0 0 0 9 0 0 0 6 & a s * 0 d 4 6 0 0 4 6 20-461
Landscaping, . 0 0 0 a P 0 0 0 0 0 0 4 1 0 s offiffid4*
andscaping....................... 20-484
Off-street parking and driveway re-
quirements ................... 20483
Setbacks .........................a 20-482
Signs ............................. 20486
Utility lines ............... $ $ ...... 20-487
Storage, repair, etc., of disabled motor ve-
hicles; approved ................... 20-433
T-1 Trailer Home Districts
Building site area regulations ......... 20-295
Description of district, . 4 6 0 0 0 6 0 20-291
11411iimuiu frori;, rear wid yard iogula-
tions ........................... 20-296
Permits ........... ................... 20-293
Special requirements ................. 20-297
Uses permitted. . 6 0 4 4 9 6 V 6 1 * 4 0 0 0 a 0 1 0 b 0 a 20-292, 20-294
Telecommunications towers .............. 20-451
Ti ailers
In residential areas ................... 20-411
Uses ................................ 20412
Use, area and yard exceptions
R-1 One -Fancily Dwelling District ..... 20-188
R-lAA and R-lA One -Family Dwelling
Districts ........................ 20-168
Uses permitted
C-1 Neighborhood Commercial Districts 20-232
C-2 General Commercial and Industrial
Districts ........................ 20-252
I-1 Light Industrial District........... 20-259
R-1 One -Family Dwelling District ..... 20-182
R-lAA and R-lA One -Fancily Dwelling
Districts ........................ 20-162
R-lAAA Single -Family Dwelling Dis-
tricts ........................... 20-122
R-3 Multiple -Family Dwelling Districts 20-207
R-CI Single -Family Dwelling Districts . 20-142
R-T Mobile Home Park Districts..... $ . 20-313
R-U Rural Urban Dwelling Districts ... 20-267
T-1 Trailer Home Districts ............ 20-292, 20-294
Violation, penalty.... . OF* 44 of Ogre 0 to Dot 0 20-6
Yards and open spaces
C-1 Neighborhood Commercial Districts 20-237
R-1 One -Fancily Dwelling District
Front, rear and side yard regulations 20-186
Use, area and yard exceptions ...... 20-188
Supp. No. 9 3144
Section
20-166
20-168
20-126
20-211
20-146
20-271
20-296
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