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Home My WebLink AboutSupplement No. 3SUPPLEMENT NO. 3 May 2003 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. 2002-31, enacted October 28, 2002. See the Code Comparative Table —Ordinances for further information. Remove old pages ix—xiii Checklist of up-to-date pages 13 17, 18 77 133-135 137-140 145, 146 148.1 203 309-316 365-367 376.5-385 433 493 557-560 574.1 584.1 591,592 761 815 821-823 873 875-878 931-934 985 987-991 1041 1045-1048 1101 1162.1 1165, 1166 Insert new pages iii lx—xlll Checklist of up-to-date pages (following Table of Contents) 13,14 17, 18 77, 78 133-136 136.1-140 145,146 148.1, 148.2 203, 204 309-346 365-368 377-388 433, 434 493, 494 557-560 574.1, 574.2 584.1, 584.2 591-592.2 761, 762 815, 816 821-823 873 875-878.2 931-934 85,986 987-990 1041, 1042 1045-1048.2 1101, 1102 1162.1, 1162.2 1165, 1166 INSTRUCTION SHEET—Cont'd, 12271 1228 1227-1228.2 1241-1258 1241-1264 1305-1310 1305-1310 1315-1320 1315-1320 1331-1334 1331-1334.2 1342.53 1342.53, 1342.54 1366.1 1366.1, 1366.2 1370.1 1370.1, 1370.2 1389-1392 1389-1392 1403, 1404 1403, 1404 2097, 2098 2097-2099 2145, 2146 2145, 2146 3101-3123 3111-3144 Insert and maintain this instruction sheet in front of this publication. File removed pages for reference. MUNICIPAL CODE CORPORATION Post Office Box 2235 1700 Capital Circle, S.W. Tallahassee, FL 32316 (850) 576-3171 1-800-262-CODE Website: www,municode.com CURRENT OFFICIALS WINTER SPRINGS, FLORIDA John F. Bush Mayor Robert S. Miller Michael S. Blake Edward Martinez, Jr. Sally McGinnis David W. McLeod City Commission Ronald W. McLemore City Manager Anthony A. Garganese City Attorney Andrea Lorenzo-Luaces, CMC City Clerk Supp. No. 3 ili TABLE OF CONTENTS Page Current Officials of the City, 6 0 6 0 0 4 0 0 4 0 a a 0 9 0 a 0 0 0 0 0 6 4 0 8 0 a in Preface..................................................... v Adopting Ordinance ......................................... Checklist of Up -to -Date Pages.... . as 06#8 60#909 8 0 00 0*40*04&& so [11 PART I CNI\71ii�� 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. IX. Initiative and Referendum. 11 Art. X. Amendments ................................ 13 Art. XI. Severability................................ 13 Art, XII. Powers... 13 Art. XIII. Transitional Provisions ................... a 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 ........................... 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. . 6 0 & a 6 a I a a 9 a a 6 a 6 148 Div. 1. Generally ............................... 148 Supp. No. 3 6 x WINTER SPRINGS CODE Chapter Page Div. 2. Purchasing .............................. 148 Div. 3. City -Owned Personal Property ............ 148.1 Art. VII. Emergency Management ................... 149 Div. 1. Generally ............................... 149 Div. 2. Conditions of Emergency ................. 152 3. Alcoholic Beverages ...................................... 203 4. Animals, . & a 6 0 0 0 0 * & * 257 6. Buildings and Building Regulations ....................... 365 Art, I. In General ................................... 369 Art. II. Administration, ............................. 369 Div. 1. Generally ............................... 369 Div. 2. Reserved.... # 9 0 f 6 6 * P * 0 0 & & 376.4 Art. III. Building Construction Standards ............ 376.4 A TAT V1�n+vg4ni+cr nr7n Art. V. Plumbing ................................... 378 Art. VI. Mechanical... 0 & 0 a 6 0 * 0 0 & 6 6 0 0 a a 6 6 0 # 0 0 0 & 0 0 379 Art. VII. Unsafe Buildings ......................... 0 379 Art. VIII. Fences, Walls, 14edges . . .. . ... . . . . .. • ... , , , 386 Art. IX. Swimming Pools ............................ 382 Art, X. Gas Code ................................... 386 Art, XI. Reserved ................................... 386 Art. XII. Citations; Unlicensed Contractors; Failure to Obtain Building Permit .................... 386 7. Fire Prevention and Protection ........................... 433 Art. I. Fire Department ............................. 435 Art. II. In General...... 4 0 00 4640 0 435 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 ....................................... 555 Art. I. In General ................................... 561 Art. II. Procedure for Securing Approval of Plans and Plats....................................... 563 Div. 1. Generally ............................... 563 Div. 2. Preliminary Plan ........................ 564 Div. 3. Final Development Plan, Final Plat ....... 566 Art. III. Design Standards .......................... 569 Div. 1. Generally ............................... 569 Div. 2. Lots and Blocks .......................... 571 Div, 3. Streets and Alleys ....................... 572 Supp. No. 3 g TABLE OF CONTENTS—Cont'a. Chapter Page 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 Diva 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 .............................. a 607 Div. 2. Transportation Facilities ................. 607 Div. 3. Police Public Safety Facilities ............. 627 Div. 4. Fire Public Safety Facilities ............. 6 630 Art. DX. Vested Rights ... ........................0 634 Art. X. ConcurrencyAdministration and Evaluation Pro- cedure.....................................8 638 Div. 1. Overview and Exemptions ................ 638 Div. 2. Levels of Service Standards (LOS) ........ 641 Div. 3. Concurrency Administration .............. 643 Div. 4. Appeal Procedures ....................... 644 10. Licenses and Business Regulations ...................... 693 Art. I. In General..... .. goes 4 00 poestoo 066*0 0 6 2 6 4 0 0 695 Art. II. Occupational License Taxes .................. 695 Art. III. Adult Entertainment Establishments ........ 696 Art. IV. Amusements ............................... 709 Art, V. Peddlers and Solicitors and Miscellaneous Sales 709 Art. VI. Secondhand Precious Metals ................ 709 11. Miscellaneous Offenses.... so 66600 **so 0 0 6 00*0 6 a 6 *4 761 12. Motor Vehicles and Traffic .............................. . Art. I. In General ................................... Art. II. Administration .............................. Art. III. Regulations ............................... . Div. 1. Generally ............................... Div. 2. Stopping, Standing, Parking ............. . 13. Nuisances .............................................. Art. I. In General ................................... Art. II. Noise ....................................... Art. III. Fire and Security Alarms .................. . 14. Personnel. Art. I. In General .................................. . Art. II. Old Age and Survivors Insurance ............ . Mn Supp. 3 X1 815 817 818 820 820 822 873 875 878A 879 931 933 933 WINTER SPRINGS CODE Chapter Page Art. III. Pension Plan ............................... 934 15. Planning ............................................... 985 Art. I. In General ................................... 987 Art. II. Comprehensive Plan ......................... 987 Art. III. Comprehensive Plan Amendments ........... 987 16. Signs and Advertising ................................... 1041 Art. I. In General ................................... 1043 Art. II. Distribution of Handbills and Periodicals ..... 1043 Art, III. Signs ...................................... 1045 Div. 1. Generally ............................... 1045 Div. 2. Standards ..............................0 1048 17. Streets, Sidewalks and Other Public Places, 1101 Art. I. In General ................................... 1103 Art. II. Streets ..................................... 1103 Art. III. Sidewalks .................................. 1105 Wit. iv. F,xcavaiions................................ 1105 18. Taxation ............................................... 1157 Art. I. In General. . 0 0 * 0 * a 4 0 0 0 9 0 0 & 0 0 0 0 0 0 9 0 a 0 * 9 & 0 a & & 0 0 1159 Art. II. Municipal Public Service Tax, 1 0 0 0 6 0 0 0 * 6 a 6 1 Ise 1159 Art. sill. Local improvements Assessments............ 1162 Div. 1. Generally ............................... 1162 Div. 2. Assessed Areas and Advisory Committees.. 1164 Div. 3. Local Improvement Assessments .......... 1166 Div. 4. Related Service Assessments .............. 1169 Div. 5. Collection of Assessments ................ 1173 Div. 6. Issuance of Obligations... 0*0 1175 Div, 7. General Provisions ....................... 1176 19. Utilities, a 0 0 & a 0 a I o 0 0 a a 6 0 4 1 0 4 a 6 # 0 1227 Art. I. In Generale. a a 0 P 0 0 6 6 a a 4 a 0 0 6 a 6 a 6 0 0 4 a 1 0 0 4 0 4 1 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 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 Supp. No. 3 x9 l Chapter Art. Art. II. Div. Div. Div. III. Div. Div. Div. Div. Div. Div. Div. Div. Div. Div. Div. Div. Div. IV. Div. Div. Div. V. Div. Div. Div. Art. VI. Div. Div. TABLE OF CONTENTS—Cont'd. S Administration .............................. 1. Generally. 2. Planning and Zoning Board. . . 3. Board of Adjustment .................... . Establishment of Districts ................. . 1. Generally ............................... 2. R-1AAA Single -Family Dwelling Districts. . 3. R-CI Single -Family Dwelling District..... . 4. R-1AA and R4A One -Family Dwelling Dis- tricts.................................... 5. R4 One -Family Dwelling Districts ....... . 6. R-3 Multiple -Family Dwelling Districts .... 7. C-1 Neighborhood Commercial Districts ... 8. C-2 General Commercial District......... . 8.5. I-1 Light Industrial District ............ . 9. R-U Rural Urban Dwelling Districts ..... . 10. Too Trailer Home Districts .............. . 11. R-T Mobile Home Park Districts ......... 12. Town Center District Code ............. . 13. Greeneway Interchange Zoning District . . Planned Unit Developments ................ . L. Generally ............................... 2. Part A. Planned Unit Development....... . 3. Part B. Planned Unit Development....... . upplemental District Regulations ........... . L. Generally ............................... 2. Motor Vehicles ........................... 3. Siting and Regulation of Telecommunica- tions Towers. S.R. 434 Corridor Vision Plan .............. . L. S.R. 434 Corridor Overlay District ........ 2. General Design Standards for New Develop- ment Area ............................... 3. General Design Standards for Redevelop- ment Area ............................... 4. Reserved ................................ Code Comparative Table-1974 Code ........................ . Code Comparative Table —Ordinances ....................... . State Law Reference Table. Charter Index ............................................... CodeIndex ................................................. Supp. No. 3 X111 1316 1316 1316 1318 1322 1322 1324 1325 1326 1329 1329 1331 1333 1334 1334.2 1336 1337 1341 1342.36 1342.51 1342.51 1342.52 1352 1364 1364 1365 1369 1377 1377 AYE: 1391 1404 2091 2093 2145 2197 3101 Checklist of Up -to -Date Pages his checklist will be updated with the printing of each Supplement) From our experience in publishing Looseleaf Supplements on a page -for -page substitution basis, it has become evident that through usage and supplementation many pages can be inserted and removed in error. The following listing is included in this Code as a ready guide for the user to determine whether the Code volume properly reflects the latest printing of each page. In the first column all page numbers are listed in sequence. The second column reflects the latest printing of the pages as they should appear in an up-to-date volume. The letters "OC" indicate the pages have not been reprinted in the Supplement Service and appear as published for the original Code. When a page has been reprinted or printed in the Supplement Service, this column reflects the identification number or Supplement Number printed on the bottom of the page. In addition to assisting existing holders of the Code, this list may be used in compiling an up-to-date copy from the original Code and subsequent Supplements. Page No. Supp. No. Page No. Supp. No. Title page OC 137, 138 3 3 13% 140 3 v, vi OC 140.1, 140.2 2 vii, viii OC 140.3, 140.4 2 ix, x 3 1419 142 1 a, xii 3 143, 144 OC all 3 145, 146 3 1, 2 2 147, 148 2 3, 4 2 148.1, 148.2 3 5, 6 2 14% 150 OC 18 2 1512 152 OC 110 2 203,204 3 1112 2 205, 206 2 3114 3 207 2 15, 16 2 257 OC 17, 18 3 259 OC 67 2 30% 310 3 77, 78 3 311, 312 3 9180 OC 313, 314 3 1182 OC 315, 316 3 83 OC 317,318 3 133, 134 3 3192 320 3 135, 136 3 321,322 3 136.1, 136.2 3 323, 324 3 Supp. No. 3 [1] WINTER SPRINGS CODE Page No. Supp. No. Page No. Supp. No. 325,326 3 567, 568 OC 3272328 3 569,570 OC 32% 330 3 571,572 OC 331,332 3 573,574 2 333, 334 3 574.12 574.2 3 335,336 3 575,576 OC 337,338 3 577,578 OC 33% 340 3 57% 580 OC 341,342 3 581,582 OC 343, 344 3 583,584 1 3451346 3 584.1, 584.2 3 65,366 3 585,586 OC 67,368 3 587,588 OC 692370 2 58% 590 OC 71,372 2 591,592 3 3' d 614 G 59261, 59202 3 75,376 2 593,594 OC 376.1, 376.2 2 5952596 OC 376.3, 376.4 2 597,598 OC 77378 3 50n Cs0 .�„ / y `L1 L 37% 380 3 601,602 OC 81,382 3 603,604 OC 83,384 3 605,606 2 85,386 3 6077608 2 87,388 3 60% 610 OC 33,434 3 611,612 OC 35,436 2 613, 614 OC 37,438 2 615,616 OC 39,440 OC 617,618 OC 41,442 OC 61% 620 OC 93,494 3 621, 622 OC 95,496 1 623,624 OC 97,498 1 625,626 1 49% 500 1 627,628 OC 501, 502 1 629, 630 OC 03,504 1 631,632 OC 05,506 1 633,634 OC 507 1 635,636 OC 555, 556 OC 637,638 2 557, 558 3 63% 640 2 591560 3 641,642 2 61,562 OC 643,644 2 63,564 OC 693,694 OC 565, 566 OC 695,696 OC Supp. No. 3 121 Ci7'.i�i111�I.ylIZiI�i1�lIZi37111f77�fi� Page No. Supp. No. Page No. Supp. No. 97,698 OC 1173, 1174 OC 69% 700 OC 1175, 1176 OC 701, 702 OC 1227, 1228 3 703, 704 OC 1228.1, 1228.2 3 705, 706 OC 122% 1230 OC 07,708 OC 1231, 1232 OC 09,710 OC 1233, 1234 OC 761, 762 3 1235, 1236 OC 763, 764 OC 1237, 1238 OC 8152 816 3 123% 1240 OC 817, 818 OC 12412 1242 3 8192 820 OC 1243, 1244 3 821, 822 3 1245, 1246 3 823 3 12472 1248 3 873 3 1249, 1250 3 875, 876 3 1251, 1252 3 772878 3 1253, 1254 3 878.11 878.2 3 1255, 1256 3 87% 880 OC 1257, 1258 3 881 OC 125% 1260 3 931, 932 3 12612 1262 3 933, 934 3 1263, 1264 3 85,986 3 1305, 1306 3 987, 988 3 1307, 1308 3 892990 3 1309, 1310 3 1041, 1042 3 1311, 1312 OC 1043, 1044 OC 1313, 1314 OC 1045, 1046 3 1315, 1316 3 1047, 1048 3 1317, 1318 3 104861, 1048.2 3 131% 1320 3 104% 1050 2 1321, 1322 OC 1051 2 1323, 1324 OC 1101, 1102 3 1325, 1326 OC 1103, 1104 OC 1327, 1328 OC 1105, 1106 OC 1329, 1330 OC 1157, 1158 2 1331, 1332 3 115% 1160 2 1333,1334 3 1161, 1162 2 1334.11 1334.2 3 116201) 1162.2 3 1335, 1336 OC 1163, 1164 OC 1337, 1338 OC 1165, 1166 3 1339, 1340 OC 1167, 1168 OC 1341, 1342 1 116% 1170 OC 1342.1, 1342.2 1 11712 1172 OC 134263) 1342.4 1 Supp. No. 3 [3) 1342.5, 1342.E 1342.79 1342.8 1342.9, 1342.10 1342.11, 1342.12 1342.13, 1342.14 1342.15, 1342.16 1342.172 1342.18 1342.1% 1342.20 1342.21, 1342.22 1342.23, 1342.24 1342.25, 1342.26 1342.27, 1342.28 1342.2% 1342.30 1342.31, 1342932 1342,33) 1342.34 1342.35, 1342.36 1342.37, 1342.38 1342.39, 1342.40 1342.41, 1342942 1342.,?3, 1342. I4 1342.45, 1342.46 1342.47, 1342.48 1342.49, 1342.50 1342.51, 1342.52 1342.53, 1342.54 1343, 1344 1345, 1346 1347, 1348 134% 1350 1351, 1352 1353,1354 1355, 1356 1357, 1358 135% 1360 1361, 1362 1363,1364 1365, 1366 1366.19 1366.2 1367, 1368 1369, 1370 1370.1, 1370.2 1371, 1372 1373, 1374 1375, 1376 WINTER SPRINGS CODE Supp. No. 1 1 1 1 1 1 1 1 1 1 1 1 Supp. No. 3 [4] 1377, 1378 1379, 1380 1381, 1382 1383, 1384 1385, 1386 1387, 1388 138% 1390 1391, 1392 1393, 1394 1395, 1396 1396.1 1397, 1398 1399, 1400 1401, 1402 1403, 1404 1405, 1406 1407 2091, 2092 2093, 2094 35, G �nu � 2097, 2098 2099 2145, 2146 97,2198 2199 3111, 3112 3113, 3114 3115, 3116 3117, 3118 3121, 3122 3123 3129, 3130 3131, 3132 3133, 3134 3.135, 3136 3137 11,3142 3143, 3144 Supp. No. 3 3 3 3 3 3 3 3 3 3 3 CFIARTER (b) Referendum. If a majority of the qualified electors voting on a referred ordinance vote against it, it shall be considered repealed upon certifica- tion of the election results. ARTICLE X. AMENDMENTS Section 10.01. General Authority. Amendments to this Charter may be proposed and adopted by the legislature of the State of Florida or by the city commission pursuant to the home rule powers granted under the Constitution of the State of Florida, or by qualified voters pursuant to Article IX of this Charter. ARTICLE XI. SEVERABILITY Section 11.01. Severability. If any provision of this Charter is held invalid the other provisions of the Charter shall not be affected thereby. If the application of the Charter or any of its provisions to any person or circum- stance is held invalid, the application of the Charter and its provisions to other persons or circumstances shall not be affected thereby. ARTICLE XII. POWERS Section 12.01. Powers generally. As provided in Article VIII, Section 2(b) of the State Constitution, the City of Winter Springs shall have the governmental, corporate and pro- prietary powers to enable the city to conduct municipal government, perform municipal func- tions and render municipal services and may exercise any power for municipal purposes except when expressly prohibited by law. ARTICLE XIII. TRANSITIONAL PROVISIONS Section 13.01. City ordinances. All city ordinances and resolutions which are in force when this Charter becomes fully effective shall remain in full force and effect to the extent that they are not in conflict with this Charter. Supp. No. 3 13 § 13.04 Section 13.02. City contracts. All rights, claims and contracts shall continue except as modified pursuant to the provisions of this Charter. Section 13.03. City officials. All elected and appointed city officials shall retain their respective positions until the first election held pursuant to the requirements of this Charter. Section 13.04. First Elections under Char- ter. (a) The first election to be held under this Charter shall be for the purpose of electing per- sons to fill the offices of mayor and of the two commission members from seats designated as two and four respectively under the former Char- ter and as commission seats two and four under this Charter, and whose terms expire in the year 2002. This first election shall be held at the time provided for in Section 8.01 of this Charter for the election of mayor and of commission members from seats designated as two and four. The mayor and the two (2) commission members elected at this election shall serve for terms of four (4) years and until their successors are elected and quali- fied. (b) The second election to be held under this Charter shall be for the purpose of electing per- sons to fill the offices of those commissioners from seats designated as one, three and five respec- tively under the former Charter and as commis- sion seats one, three, and five under this Charter and whose terms expire in the year 2003, but which terms are hereby extended for a period of one year to the year 2004. Said second election shall be held at the time provided for in Section 8.01 of this Charter for the purpose of electing commission members from commission seats des- ignated as numbers one, three, and five respec- tively under this Charter. The commission mem- bers elected at this election shall serve for terms of four (4) years and until their successors have been elected and qualified. § 13.04 WINTER SPRINGS CODE [THIS PAGE INTENTIONALLY LEFT BLANK] Supp. No. 3 14 00°1426" west 687.66 feet; run thence north 85°14'00" west 602.10 feet; run thence south 87051'100" 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 M 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 85000'00" 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 85000'00" east 455.00 feet; thence run south 05°00'00" west 257.98 feet to the point of beginning; also less, begin at the south- east corner of Gardena Farms as recorded in Plat Book 6, Pages 23 and 24 of the Public Records of Seminole County, Florida; run thence north 05009'50" east along the east line of said Gardena Farms 7,160.06 feet to a point on the northerly right-of-way line of a Florida Power and Light easement as recorded in O.R. Book 183, Page 130; run thence north 85°10'12" west along said north- erly right -of --way line 2,513.71 feet to a point on the southerly right -of --way line of a Florida Power and Light easement as recorded in D.B. 193, Page 276, of said Seminole County; run thence south 1,098.64 feet; run thence north 85°10'12" west 772.70 feet to the point of beginning; run thence north 04049'48" 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 23020'07" west along said easterly right -of --way line 316.36 feet; thence leaving said easterly right -of --way line run south 85°10'12" east 776.20 feet to the point of beginning, contain- ing 2,890.9140t acres. And also less, the south 33 feet of the aforesaid Gardena Farms Subdivision, and also less that part lying within existing North Orlando city limits, and begin at the northeast corner of Lot 6, Gardena Farms as recorded in Plat Book 6, Pages 23 and 24, Public Records of Seminole County, Florida; run thence westerly along the north line of Lots 6 through 11 a distance of 3,851.40 feet to the northwest corner Supp. No. 3 17 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 85° east 801.9 feet; thence run south 05° west to the westerly right-of-way line of the Tuscawilla- Gabriella Road; thence run northeasterly along the said westerly right-of-way line of the Tuscawilla- Gabriella Road to the point of beginning, and also Lots 1 and 2, Block A, D. R. Mitchell's Survey of the Levy Grant, Plat Book 1, Page 5, Seminole County Public Records, less all that part previ- ously lying within the city limits of the Village of North Orlando, and also; Begin at the intersec- tion of State Road 15 and 600 (U.S. 17/92) and State Road 5-434 run south 89°02'30" east 4,005.18 feet to the P.C. of a curve concave to the north, having a radius of 2,864.93 feet, a central angle of 5°30'30"; thence run northeasterly along said curve an arc length of 275.42 feet to the P.T. of said curve; thence run north 85°27'00" east 3,709.58 feet to the P.C. of a curve concave northwesterly having a radius of 1,273.57 feet, a central angle of 18°58'00"; thence run northeasterly along said curve an are length of 421.48 feet to the P.T. of said curves thence run north 66°29'00" east 2,776.82 feet to the P.C. of a curve concave northwesterly having a radius of 1,637.28 feet, a central angle of 17004100"; thence run northeasterly along said curve an arc length of 487.67 feet to the P.T. of said curve; thence run north 49°25'00" east 70.24 feet to the P.C. of a curve concave southeasterly having a radius of 636.62 feet, a central angle of 27058100"; thence run northeasterly along said curve an arc length of 310.74 feet to the P.T. of said curve, said point being the intersection of State Roads S 434 and 419, less those parts lying within the City of Casselberry and the City of Longwood, Florida. App. A WINTER SPRINGS CODE Ordinances Annexing Property to the City Ord. No. Date Ord. No. Date 2000-08 4-10-00 2000-41 11-27-00 2000-22 844-00 2001-01 1-22-01 200044 8-14-00 2001-03 1-22-01 2000-33 1143-00 2001-34 6-11-01 2000-36 11-27-00 2002-03 543-02 200040 11-27-00 2002-26 11-25-02 Editor's note —The above list of ordinances annexing property to the city begins with Ord. No. 2000-08, adopted Apr. 10, 2000. [The next page is 67] Supp. No. 3 18 Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. 1-12. co 1-13. Sec. 1-14. Sec. 145. PART II CODE OF ORDINANCES Chapter 1 GENERAL PROVISIONS How Code designated and cited. Definitions. Catchlines of sections. References to chapters or sections. History notes. References and editor's notes. Certain ordinances not affected by Code. Effect of repeal of ordinances. Code does not affect prior offenses, rights, etc. Additions and amendments deemed incorporated in Code. Amendments to Code; effect of new ordinances; amendatory language. Supplementation of Code. Severability of parts of Code. Altering Code. General penalty; continuing violations; violation as public nui- sance. Supp. No. 3 77 WINTER SPRINGS CODE [THIS PAGE INTENTIONALLY LEFT BLANK] Supp. No. 3 78 Chapter 2 ADNIINISTR.ATION* Article I. In General Sec. 2-1. Abandoned property; disposition by city. Sec. 2-2. Use of city athletic facilities; fees. Secs. 2-3-2-25. Reserved, Article II. City Commission Sec. 2-26. Recall of elected officials. Secs. 2-27-240. Reserved. Article III. Boards, Committees, Commissions Division 1. Generally Sec. 2-41. Fee paid to appointed board members; attendance of meetings. Sec. 242. Appointments of boards and committees. Secs. 243-2-55. Reserved. Sec. 2-56. Sec. 2-57. Sec. 2-58. Sec. 2-59. Sec. 2-60. Sec. 2-61. Sec. 2-61.5. Sec. 2-62. Sec. 2-63. Sec. 2-64. Sec. 2-65. Sec. 2-66. Sec. 2-67. Sec. 2-68. Sec. Sec. Sec. Sec. Sec. Sec. Sec. 2-69. 2-69.1. 2-69.2. 2-69.3. 2-69.4. 2-69.5. 2-69.6. Division 2. Code Enforcement Subdivision A. Board Creation. Membership; appointment; qualifications. Election of officers; quorum; compensation; expenses. Code inspector; duties. Hearings. Powers. Application for satisfaction or release of code enforcement liens. Duration of lien. Appeals. Notices. Provisions of article supplemental. Subdivision B. Citations Intent. Definitions. Designation, qualifications and training officers. Authority of code enforcement officers. Citation procedure. Delivery of warning notices and citations. Violation classification and civil penalty. Schedule of violations. Procedures to pay or contest citations. Citation contents. of code enforcement ission *Editor's note —The city commhas by various ordinances chosen not to have certain county ordinances in effect within the city. These ordinances are on file in the city clerk's office. Cross references —Alcoholic beverages, Ch. 3; city forestry office established, § 5-2; fire department, § 7-26 et seq.; uniform street numbering system, § 9-370 et seq.; licenses and business regulations, Ch. 10; nuisances, Ch. 13; personnel, Ch. 14; taxation, Ch. 18; utilities, Ch. 19. State law reference —Municipal home rule powers act, F.S. ch. 166. Supp. No. WINTER SPRINGS CODE Sec. 2-69.7. Disposition of citations and civil penalties. Sec. 2-69.8. Provisions supplemental. Division 3. Reserved Secs, 2-70-2-73. Reserved. Secs. 2-74, 245. Reserved. Division 4. Beautification Board Sec. 246. Created. Sec. 247. Composition; appointment of members. Sec. 248. Organization; meetings. Sec. 249. Duties; expenditures. Sec. 2-80. Master beautification plan; recommendations to city commission. Article IV. Elections Sec. 2-81. Election supervisor. Sec. 2-82. Proclamation. Sec. 2-83. Municipal elections to be general elections. ? PA. Dctea �. "t ez. of po.,, cicctcd. Sec. 2-85. Election boards. Sec. 2-86. Nonpartisanship required. Sec. 2-87. Qualification of candidates. Sec. 2-87.1. Vacancy in candidacy. Sec. 9,88. Gluslifyinv fees. Sec. 2-89. Registration of voters. Sec. 2-90. Voting places. Sec. 2-91. Voting machines. Sec. 2-92. Absentee voting. Sec. 2-93. Canvass of return. Sec. 2-94. Applicability of Code to election where questions are submitted. Sec. 2-95. Additional duties of city clerk. Secs. 2-96-2-115. Reserved. Article V. Annezations and Rezoning Sec. 2-116. Annexation fees. Sec. 2-117. Waiting period for annexation or rezoning of property. Secs. 2-118-2435. Reserved. Article VI. Finance Division 1. Generally Secs. 2-136-2-150. Reserved. Division 2. Purchasing Sec. 2-151. Purchasing policy and procedure established. Sec. 2-152. When written bids are required; waiver. Secs. 2-153-2-190. Reserved. Division 3. City -Owned Personal Property Sec. 2-191. Definition of property. Sec. 2-192. Identification; record; inventory. Sec. 2-193. Property supervision and control. Supp. No. 3 134 ADMINISTRATION Sec. 2-194. Disposal of surplus property. Secs. 2-195-2-249. Reserved. Article VII0 Emergency Management Division 1. Generally Sec. 2-250. Intent. Sec. 2-251. Definitions. Sec. 2-252. Applicability of provisions. Sec. 2-253. Emergency management structure. Sec. 2-254. Powers, duties, and responsibilities. Sec. 2-255. Declaration of a state of emergency. Sec. 2-256. Termination of a state of emergency. Secs. 2-257-2-260. Reserved. Division 2. Conditions of Emergency Sec. 2-261. Weather emergencies. Sec. 2-262. Public emergencies. Sec. 2-263. Fire emergencies. Sec. 2-264. Suspension of local building regulations. Sec. 2-265. Certification of emergency conditions. Supp. No. 3 135 WINTER SPRINGS CODE [THIS PAGE INTENTIONALLY LEFT BLANAl Supp. No. 3 136 ADMINISTRATION ARTICLE I. IN GENERAL Sec. 2-1. Abandoned property; disposition by city. The disposition of lost or abandoned personal property within the city shall be pursuant to F.S. § 705.101 et seq. (Code 1974, § 9-8) Cross reference —Abandonment of motor vehicle prohib- ited, § 12-53. State law reference —Seized, abandoned, wrecked or derelict property, F.S. § 705.101 et seq. Sec. 2-2. Use of city athletic facilities; fees. (a) The following fee schedule pertaining to scheduled activities and facilities is adopted as the official fee schedule for individuals, groups, youth and adults at Central Winds Park, Trotwood Park, Torcaso Park, and Sunshine Park: (1) Game and practice field rentals. Baseball/softball, prior to S:00p.m. (two-hour use) .... $38.00 BasebalUsoftball, after 5:00 p.m. (two-hour use) ....... 0 52.00 Soccer/football, prior to 5:00 p.m. (two-hour use) ....... 0 38.00 Soccer/football, after 5:00 p.m. (two-hour use) ............. 52.00 All rentals are based on a two-hour min- imum. The game field and practice field rental fees do not apply to those organizations that have entered into recreational pro- gram agreements with the city. Those agreements provide for financial compen- sation to the city. (2) Parks and recreation department con- ducted adult softball, flag football and basketball. Each team, per game ...... $32.00 Non-resident, per player ... 5.00 The team fees per game do not apply to those organizations that have entered into recreational program agreements with the city. Those agreements provide for finan- cial compensation to the city. Supp. No. 3 136.1 (3) Central Winds Park. All basebalUsoftball fields and soccer fields at Central Winds Park shall be used only for team games and not for practices. The amphitheater area of Central Winds Park shall not be used for baseball/softball, soccer, football, or any other organized team games or practices. (b) The following fee schedule apply to scheduled permitted use and non-use" of athletic baseball, softball, soccer, youth user organiza- tions and groups. (1) BasebalUsoftball, prior to 5:00 p.m. (two-hour use) ........ $34.00 (2) Baseball/softball, after 5:00 P.M. (two-hour use) ........ 48.00 (3) Soccer/football, prior to 5:00 P.M. (two-hour use) ....... 0 38.00 (4) Soccer/football, after 5:00 p.m. (two-hour use) ............. 52.00 (c) The fee schedule for staff labor service charges will be applied if and when an employee must extend their previously set work schedule in order to accommodate an unscheduled use of facilities is hereby adopted as being eight dollars ($8.00) per hour for part-time employees and twAve dollars ($12.00) per hour for full-time employees for each hour or fraction of an hour. (d) The "unscheduled permitted use and non- use" fees with any associated labor charges im- posed to youth user organizations and groups are nonrefundable. (e) This section shall remain in force and effect until supplemented, amended, repealed or other- wise altered. The amount of fees charged by the city as provided in this section may be amended from time to time as deemed appropriate by the city by resolution of the city commission. (f) The city shall require the payment of all applicable state and federal taxes. (Ord. No. 6354, §§ I V, VII, 12-9-96; Res. No. 2002-202 §§ I —III, 740-00; Res. No. 2002-31, §§ I —III, 9-23-02) Secs. 2-3-2-25. Reserved. § 2.26 WINTER SPRINGS CODE ARTICLE II. CITY COMMISSION Sec. 2tiff Recall of elected officials. (a) Any elected public official may be recalled from office pursuant to the provisions herein set forth. (b) F.S. § 100.361 is hereby incorporated in haec verba into this section and all provisions shall be applicable to any public elected official of the city. (Code 1974, § 2-3) Cross reference —Elections, § 2-81 et seq. Secs. 2-27-2-40. Reserved. ARTICLE III. BOARDS, COMMITTEES, COMMTSIRIONW DIVISION 1. GENERALLY berse, attendance of meetings. (a) Each person appointed by the city commis- sion for the City of Winter Springs, Florida, shall receive the sum of twenty-five dollars ($25.00) for each meeting of the board the person attends as reimbursement for all expenses incurred in at- tending the meeting. (b) Any person who is a member of an ap- pointed city board shall have the right to waive acceptance of any reimbursement. (Ord. No. 551, §§ 11 2, 1-24-94) Editor's note —Ordinance No. 551, adopted Jan. 24, 1994, did not specifically amend this Code; hence, codification of §§ 1 and 2 of said ordinance as § 2-41 herein was at the editor's discretion. Sec. 242. Appointments of boards and com- mittees. (a) Purpose. The purpose of this section is to enhance the public's respect and confidence in the municipal services delegated to, and performed by, city boards and committees and to ensure that decisions of boards and committees are in the best "'Cross references --Site plan review board, § 9-342 et s::q.; planning and zoning board, § 20-51 et seq.; board of ar;justment, § 20-76 et seq. Supp. No. 3 136.2 interests of the city. The purpose of this section is also to establish uniform and consistent proce- dures and requirements for establishing and/or abolishing boards and committees, and appoint- ing and removing members thereof, and for con- ducting board and committee business. To the extent the provisions of this section conflict with other provisions of this Code, it is the intent of the city commission that the provisions of this section shall prevail. (b) Definitions. As used in this section, the terms or phrases listed in this subsection shall have the following meaning: "Resident" shall mean any person living within the city limits at all times while serving on said board or committee, and at least six (6) months pia .. ..b � �v the board or committee. (c) Requirements of board and committee mem- bers. Any person nominated, elected or appointed o sel ie on a boar (l of committee of ,lie city shall satisfy the following requirements, except as oth- erwise provided by state or federal law: (1) Complete a board or committee applica- tion as prescribed by the city commission; (2) Consent to a standard criminal back- ground check; (3) Be duly registered to vote in Seminole County; (4) Be a resident as defined in this section; and (5) Has never been convicted or found guilty, regardless of adjudication, of a felony in any jurisdiction, any plea of nolo contenders shall be considered a conviction for pur- poses of this paragraph. (d) Appointment and removal of members. Un- less otherwise required by state or federal law, or specifically provided otherwise in the Code, all persons shall be appointed to, and removed from city boards and committees by majority vote of the city commission. Board and committee mem- bers shall serve at the pleasure of the city com- mission and may be summarily removed at any time with or without cause. A board or committee appointment shall not be construed as creating or conferring, upon a person, any right or interest in serving on a board or committee including, but not limited, to a contract, liberty, property or vested right. (e) Term. Unless otherwise provided by state or federal law, all board and committee members shall be appointed to serve three-year terms and may be reappointed by the city commission for subsequent three-year terms without limitation. If a member is removed, or vacates their appoint- ment for any reason, including death, excessive absences, or resignation, prior to the expiration of their term, the city commission may at its discre- tion appoint the first alternate member described below, or other qualified individual, whom shall serve the remaining portion of the unexpired term. (f) Absences. Unless otherwise provided by state or federal law, any board or committee member incurring three (3) consecutive absences from any regularly scheduled meeting of the board or com- mittee, or seven (7) absences from any meeting of the board or committee within a twelve-month period (starting with the last absence and count- ing backward), shall be deemed automatically removed from the respective board or committee in which the absences have occurred. Any meet- ing which is cancelled, other than for a lack of a quorum, shall not be counted for purposes of determining absenteeism. Absences which oc- curred prior to the date of reappointment of any board or committee member shall not be counted toward automatic removal. (g) Chairmanships. Unless otherwise provided by state or federal law, each board and committee shall be responsible to elect, by majority vote of the members of each board or committee, a chair- person and vice -chairperson. The election shall occur annually at the first meeting held in Janu- ary, unless there is no January meeting, then the next meeting held. All newly established boards and committees shall make such elections at their regularly held meeting and then annually as stated above. Alternate members (as provided below) shall not be elected to positions of chair- person or deputy -chairperson. Supp. No. 0 137 (h) Alternate members. At the discretion of the city commission, two (2) alternate members may be appointed to each City of Winter Springs board or commission, unless otherwise provided by law. Alternate members shall be provided with all agendas and documentation provided to regular members and shall be permitted to provide input during discussions. Alternate members shall not be permitted to vote on matters before the board unless they have assumed the duties of an absent regular member. The member of the board who has served longer as an alternate member shall be the first alter- nate board member. If the first alternate member leaves the board or is appointed a regular board member, the successor to the first alternate board member shall be that alternate board member with the longer service as an alternate member. The next appointed alternate member shall be designated as the second alternate board mem- ber. In the absence of a regular member from an official board meeting, the first alternate board member shall assume all duties of the absent regular board member, including the right to vote on any matter before the board at that meeting. If two (2) or more regular board members are absent from an official board meeting, the second alter- nate member shall assume all duties of an absent regular member, including the right to vote on any matter before the board at that meeting. In the absence of the first alternate board mem- ber from an official board meeting, the second alternate board member shall act in the place of the absent first alternate, including the right to vote on matters before the board at that meeting if a regular member is absent at that meeting. (i) Multiple board or committee membership. No member of any appointed board or committee of the City of Winters Springs shall be allowed to serve on more than one such board or committee at a time, with the exception of appointments to ad hoc committees of temporary duration. Any board or committee member, at the time of the effective date of this subsection [Jan. 14, 20021 who is a member of more than one (1) board or committee, may continue to serve on each such board or committee until the expiration of the § 2-42 WINTER, SPRINGS CODE current term of each respective board, the mem- ber resigns from such board or committee, or is removed, in accordance with this Chapter, from any such board or committee. (Ord. No. 200149, § 2, 10-8-01; Ord. No. 2001-61, § 2, 144-02; Ord. No. 2002-28, § 2, 9-23-02) Secs. 2-43-2-55. Reserved. DIVISION 2. CODE ENFORCEMENT* ,8'ubdiuision A. Board' Sec. 2-56. Creation. The city does herewith and does hereby create a code enforcement board pursuant to the terms of F.S. Ch. 162. Sec. 2-57. IVlembership; appointment; quali- fications. `i`ie roue eilbrce�rieric board shall consist of seven (7) members to be appointed by the city commission. Appointments to the board shall be on the basis of experience or interest in the fields of zoning and building control. The membership of the enforcement board shall, whenever possi- ble, include an architect, a businessman, an en- gineer, a general contractor, a subcontractor and a realtor or as otherwise provided by law. (Code 1974, §§ 2-52, 2-53; Ord. No. 2002-28, § 2, 9-23-02) State law reference —Membership, F.S. § 162.05. Sec. 2-58. Election of officers; quorum; Comm expenses. The members of the enforcement board shall elect a chairman from among its members who *Cross references —Animals, Ch. 4; arbor, Ch. 5; build- ings and building regulations, Ch. 6; fire prevention and protection, Ch. 7; flood damage prevention, Ch. 8; an devel- opment, Ch. 9; licenses and business regulations, Ch. 10; nuisances, Ch. 13; planning, Ch. 15; signs and advertising, Ch. 16; streets, sidewalks and other public places, Ch. 17; utilities, Ch. 19; zoning, Ch. 20. State law reference —Code enforcement boards, F.S. Ch. 162. i Editor's note —For classification purposes, §§ 2-56- 2- 65 have been categorized as Subdiv. A, Board. See editor's note at Subdiv. B, §§ 2-66-2-69.8, herein. Supp. No. 0 138 shall be a voting member. The presence of four (4) or more members shall constitute a quorum of the enforcement board. Members shall serve without compensation, but may be reimbursed for such travel, mileage and per diem expenses as may be authorized by the city commission or otherwise as provided by law. (Code 1974, § 2-54) State law reference —Similar provisions, F.S. § 162.05(3). Sec. 2-59. Code inspector; duties. There shall be a code inspector who maybe any authorized agent or employee of the city. It shall be his duty to ensure code compliance and to initiate enforcement proceedings. No member of the code enforcement board shall have the power to initiate such enforcement proceedings. If it is uu�c.ivau�u �Yla� Ii11G1G Laos uCCll d V1U1Ql,lUll Ul Ulucodes of the city, the code inspector shall notify the violator and give him a reasonable time to correct such violation. Should the violation con- tinue beyond the time specified for corrPetion, tbe, code inspector shall notify the enforcement board and request a hearing pursuant to the procedure hereinafter established. Written notice shall be mailed to the violator by certified mail, return receipt requested. Where mail would not be effec- tive, notice shall be by hand delivery by the code inspector. Notwithstanding the above, in the event the code inspector has reason to believe a viola- tion presents a serious threat to the public health, safety and welfare, or the violation is irreparable or irreversible in nature, the code inspector may proceed directly to the hearing procedure pro- vided in section 2-60 and make a reasonable effort to notify the violator. (Code 1974, § 2-55) State law reference —Similar provision, F.S. § 162.06(2), (3). Sec. 2-60. Hearings. (a) Hearings of the code enforcement board may be called upon request of the code inspector or by the chairman of the board or by written notice signed by at least three (3) members of the board. Future hearings may be set at any hearing of the code enforcement board. The code enforce- ment board shall attempt to convene at least once every two (2) months, but it may meet more or ADMINISTRATION less often as the demand necessitates. Minutes shall be kept of all hearings by the code enforce- ment board and all hearings and proceedings shall be opened to the public. The city commission shall provide clerical and administrative person- nel as may be reasonably required by the code enforcement board for the proper performance of its duties. A member of the administrative staff of the city shall present each case before the code enforcement board. The testimony presented to the code enforcement board shall be under oath and shall be recorded. The code enforcement board shall take testimony from the code inspec- tor and the alleged violator. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern such proceedings. (b) At the conclusion of the hearing, the code enforcement board shall issue findings of fact, based on evidence of record, and conclusions of law and shall issue an order affording the proper relief consistent with powers granted herein. The findings shall be by motion approved by a major- ity of those present and voting, except that at least four (4) members of the code enforcement board must vote in order for the action to be official. The order may include a notice that it must be complied with by a specified date and that a fine may be imposed if the order is not complied with by that date. (Code 1974, § M6) State law reference —Conduct of hearing, F.S. § 162.07. Sec. 2-61. Powers. The code enforcement board shall have the following powers: (1) Adopt rules for the conduct of its hear- ings; Supp. No. 3 139 § Ml Supp. No. 3 WINTER SPRINGS CODE [THIS PAGE INTENTIONALLY LEFT BLANK] 140 ADMINISTRATION Sec. 2-78. Organization; meetings. The Beautification of Winter Springs Board shall conduct such meetings as may be necessary to properly perform its duties and functions and shall establish rules or bylaws to govern the manner in which its meetings and affairs are conducted, provided that such rules and proce- dures are not inconsistent with federal and state law (where applicable), the City Code or direction of the city commission. (Ord. No. 459, § 3, 5-22-89; Ord. No. 2002-28, § 2, 9-23-02) Sec. 2-79. Duties; expenditures. (a) The Beautification of Winter Springs Board is empowered and directed to consider and study the entire field of beautification in the city, and shall advise, counsel and consult with the city commission and the city manager in connection with the beautification and preservation of natu- ral beauty of the city. The BOWS board shall consider all matters submitted to it by the city commission or the city manager, and shall offer suggestions and recommendations on its own initiative in regard to the beautification and clean- liness of city properties. It shall receive petitions and suggestions from the citizens of the city, and shall cooperate with civic groups, garden clubs, governmental agencies and other organizations regarding beautification, conservation of natural beauty, and related subjects. (b) The members of BOWS shall be compen- sated in accordance with the manner and proce- dure set down by the city commission. (Ord. No. 459, § 4, 5-22-89) Sec. 2-80. Master beautification plan; recom- mendations to city commission. (a) It is the purpose of the Beautification of Winter Springs Board to prepare a master plan for the overall beautification of the city with regard to those areas owned by the city, and recommendations to private owners. This board shall work with other civic groups and govern- mental agencies within the environmental limits of the city such as the following: (1) Approaches to the city; Supp. No. 3 145 (2) Surrounding county areas which affect the impressions of visitors and citizens of the area with regard to the city. (b) BOWS shall recommend to the city commis- sion such overall projects as seem warranted, but shall refrain from making individual specific rec- ommendations. BOWS shall not concern itself with the day-to-day affairs of normal city func- tions, but shall, upon request of the city commis- sion, make specific recommendations. (Ord. No. 459, § 5, 5-22-89) ARTICLE N ELECTIONS* Sec. 2-81. Election supervisor. The city clerk is hereby designated the super- visor of elections for the city. (Code 1974, § 2.27) Sec. 2-82. Proclamation. The mayor shall issue a proclamation calling the municipal elections provided for in this article anI at least sixty (60) days prior thereto. The proclamation shall be published in a newspaper of general circulation in this city once each week for four (4) consecutive weeks prior to the municipal election. (Code 1974, § 2-29) Sec. 2-83. Municipal elections to be general elections. Municipal elections held as provided in this article shall be general municipal elections and no other municipal primary or general election shall be necessary. The successful candidates deter- mined as provided in this article shall be the duly elected officers for their respective offices and shall take office on the first Monday after the first day of December next succeeding the election. (Code 1974, § 2-30) Charter reference —Election date, § 4.03. *Charter references —City commission election and terms, § 4.03; nominations and elections, § 8.01 et seq. Cross reference —City commission, § 2-26 et seq. WINTER SPRINGS CODE Sec. 2-84. Determination of person elected. The person receiving the highest number of votes cast for one (1) office is elected to the office. If there should be more than two (2) candidates for any one (1) office, and two (2) candidates receive an equal and highest number of votes cast in the municipal election for the same office, then the two (2) candidates receiving an equal and highest number of votes cast shall run again in a runoff municipal election. The runoff election shall be held fourteen (14) days after the initial election and the candidate receiving the majority of the votes cast at such runoff election shall be elected. (Code 1974, § Ml) Sec. 2-85. Election boards. The mayor shall appoint an election board for the municipal elections herein provided for. The names of the members of such election board shall be included in the proclamation for the holding of the municipal elections. The mayor shall fill any vacancy in the election board by appointment. The compensation of such boards shall be set by the city commission. The duties and responsibili- ties of the election board shall be those as stated in F.S. ch. 102, for state offices. In years when the county supervisor of elections conducts the mu- nicipal election, the supervisor shall appoint the election board, shall fill any vacancy and shall set the compensation of the election board. (Code 1974, § 2-32) See. 2-86. Nonpartisanship required. Municipal elections shall be nonpartisan and all officers shall be elected without reference to their political faith or party affiliations. (Code 1974, § 2-33) Sec. 2-87. Qualification of candidates. Each candidate seeking the office of city com- missioner or mayor or any other elective office of the city shall file a petition signed by fifteen (15) registered voters of the city with the city clerk. Each candidate seeking the office of city commis- sioner or mayor of any other elective office of the city shall have resided in the city one (1) year prior to the time of qualifying. Each candidate Supp. No. 3 146 seeking the office of city commissioner shall be a resident of a designated commission district as established by ordinance and shall have resided in the designated commission district six (6) months prior to the time of qualifying. Notwithstanding the above requirement, city commissioners shall run at large as commission candidates under district designation. All candidates for office in municipal elections shall be registered and qual- ed electors of the city at the time of their qualifying as a candidate with the city clerk and shall file an application designating the office for which he/she is a candidate and pay the qualify- ing fee provided for in section 2-88. Such applica- tion shall be filed and the qualifying fee paid between the first day of September and the fif- teenth day of September, during which the office shall be open for qualifying for election. (Code 1974, § 2-34; Ord. No. 494, § 2, 8-13-90) Editor's note —Provisions of Ord. No. 494, § 2, adopted Aug. 13, 1990, amended § M7 to read as herein set out and were approved by the voters at an election held Nov. 6, 1990. Sec. 2-87.1. Vacancy in candidacy. (a) If the death, withdrawal or removal of a qualified candidate following the end of the qual- ng period results in only one candidate remain- ing on the ballot for that office, the remaining candidate shall be declared elected and no elec- tion for that office shall be required. (b) If the death, withdrawal or removal from the ballot of a qualified candidate following the end of the qualifying period results in no candi- dates for an office, and if a vacancy shall result on the city commission, such vacancy shall be filled in accordance with section 4.08(c) of the Charter of the City of Winter Springs, Florida. (c) A candidate withdrawing or being removed from the ballot after having qualified and paid the qualification fee shall not receive a refund of the qualifying fee. (Ord. No. 509, § 1, 9-23-91) ;Iu 1110___9 kwom__ U DIVISION 3. CITY OWNED PERSONAL PROPERTY Sec. 2-191. Definition o property. The word "property" as used in this division means fixtures and other tangible personal prop" Supp. No. 3 148.1 § 2-191 WINTER SPRINGS CODE [THIS PAGE INTENTIONALLY LEFT BLANK] Supp. No. 3 148.2 Chapter 3 Sec. 3-1. Location of business engaged in sale prohibited near church or school. Sec. M. Alcoholic beverage vendors in the town center. Sec. M. Hours of sale; hours consumption prohibited in places of public accommodation. Sec. 34. Bottle clubs prohibited. Secs. 3-5—M. Reserved. Sec. 3-10. Nudity prohibited upon alcohol licensed premises and bottle clubs. *Cross references —Administration, Ch. 2; licenses and business regulations, § 10-1 et seq.; adult entertainment establish- ment regulations, § 10-51 et seq.; adult entertainment regulations in alcoholic beverage establishments, § 10-66 et seq.; zoning, § 20-i et seq. State law reference —Alcoholic Beverage Law, F.S. § 561.01 et seq. Supp. No. 3 203 WINTER SPRINGS CODE [THIS PAGE INTENTIONALLY LEFT BLANK] Supp. No. 3 204 Chapter 5 Sec. 5-1. Applicability. Sec. 5-2. Intent and purpose. Sec. 5-3. Definitions. Sec. 54. Permit required for tree removal and land clearing; separate violations; criteria. Sec. 5-5. City forestry office. Sec. M. Permit application. Sec. 54. Reserved. 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 and appeals. Sec. 547. Remedial action. Sec. 548. Enforcement; penalties. Sec. 549. Authorization to adopt rules and regulations and fees for imple- mentation. Appendix A Undesirable Trees Appendix B Desirable Trees Appendix C Preferred Plant List Appendix D Calculating Tree Protection Zone *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, §§ 1--4, 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. 3 309 WINTER SPRINGS CODE [THIS PAGE INTENTIONALLY LEFT BLANK] Supp. No. 3 310 TREE PROTECTION AND PRESERVATION Sec. 5-1. 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) 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. 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) Sec. 5-3. Definitions. As used in this chapter, the following terms shall have the meanings indicated unless the context clearly indicates otherwise: Caliper. Measurement of tree eight (8) inches from soil level. City. The City of Winter Springs, Florida. City forest. The aggregate of all street trees and all park trees. Crown. The mass of branches, twigs and leaves at the top of a Tree, with particular reference to its shape. Supp. No. 3 311 DBH. Diameter of trunk at breast height, (ap- proximately four and one-half (41/2) feet from the ground of a tree base). 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. Dripline. The vertical line running through the outermost portion of the tree crown extending to the ground. Encroachment. The protrusion into a vehicular accessway, pedestrian -way, or required landscape area. Heavy machinery. Mechanical land clearing, earth -moving, or earth -working equipment with a gross weight in excess of five thousand (5,000) pounds. For purposes of this chapter, all machin- ery which utilizes steel tracks for traction shall be considered to be heavy machinery, regardless of weight. 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. Land clearing. The removal or grubbing, by any means, of any type of vegetation from land, not including, however, activities governed by a tree removal permit. Person. Any individual, firm, corporation, part- nership, joint venture association, principal, trustee, municipal corporation, political subdivi- sion, or special district, or any agent or represen- tative thereof. Preferred plant list. Preferred plant list shall mean the list of plant materials and correspond- ing tree replacement credit shown in Appendix which may be amended from time to time by the city manager in writing. Primary tree protection zone. This shall mean the front, side and rear yard areas as established and required by the land development code of the city as the same may, from time to time, be amended. Protected area. An area surrounding a pro- tected, historic, or specimen tree within which WINTER SPRINGS CODE 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. Protective barrier shall be a circle of one -inch to two-inch 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 eighteen (18) to twenty-four (24) inches, with the top two (2) to four (4) inches marked by flourescent orange paint or tape. Replacement trees. Replacement trees shall at a minimum comply with the provisions of section 5-9. Secondary tree protection zone. This shall mean all areas not included in the primary tree protec- tion zone. Subdivision street rights -of -way and easements are also defined as being within the secondary tree protection zone. Specimen tree. A tree, other than an undesir- able tree, dead tree, or diseased tree, that is twenty (20) inches or more in diameter. Stem. The main trunk of a plant; its primary axis that develops buds and shoots instead of roots. Topping. The severe cutting back of limbs within the tree's crown to prevent normal growth to such a degree so as to remove the normal canopy and disfigure the tree. Transplant. The act of relocating an existing tree upon the same lot. R 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. Tree protection zone shall mean that area lo- catedaround the perimeter of the tree in which no activity such as clearing, filling, excavating, stor- age 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 calcu- lated according to Appendix D to this chapter. Supp. No. 3 312 Tree removal shall mean any act which will cause a tree situated on real property to die within a period of two (2) years from the time of the act including, but not limited to, by cutting, girdling, relocating, interfering with the water supply, applying chemicals, regarding around the base of the tree trunk. Tree replacement assessment. Tree replacement assessment shall mean the total amount of mon- etary compensation owed to the City of Winter Springs as provided in this chapter for the replace- ment of trees cut, destroyed, or removed as a result of development or redevelopment. Tree replacement credit. The tree replacement credit shall be equal to one -hundred ($100.00) dollars and no cents in tree replacement value, lY•ee trunk. '1'he main stem of a tree apart from limbs and roots. Undesirable trees. All types of trees identified as "ttnrlesirshle trees" in Annenrlix A oftt,is Chin ter as amended from time to time by the city manager in writing. (Ord. No. 2002-08, § 2, 4-8-02) Sec. 5-4. Permit required for tree removal and land clearing; separate viola- tions; criteria. (a) Permit required. No person shall engage in tree removal or engage in land clearing located within the city, without first obtaining a permit as provided in this chapter. It shall be a separate violation of this chapter for each tree removed and each day a person is engaged in land clearing without a permit. (b) Criteria. Upon receipt of a completed appli- cation and verification on -site by the city forester, a permit may be issued for tree removal under the following conditions: (1) Trees located on building and construc- tion sites as shown on city approved plans, provided said trees are replaced else- where on the property in accordance with section 5-9 of this chapter. (2) Trees located within ten (10) feet of a structure or other improvement, provided TREE PROTECTION AND PRESERVATION § 5-4 said trees are replaced elsewhere on the other owners, public or private, including property in accordance with section 5-9 of damage to lakes, ponds, streams, or rivers this chapter. through runoff or erosion. (3) Trees severely diseased, severely injured or dead. (4) Trees that interfere with the construction or repair of public utilities. (5) Undesirable trees, per Appendix A. (6) Trees removed by the city or other govern- mental agency and which are located within a public road, drainage rights -of - way, or permanent utilities and drainage easements. (7) Trees that have been approved by the city forester and which shall be replaced else- where on the property. (8) All trees and plants, within a licensed tree nursery, planted for harvest shall be exempt from the terms and provisions of this chapter only if trees are planted and growing on the premises of the licensee and are for sale or intended for sale in its ordinary course of business. (c) Review standards. When making a deter- mination on whether to approve or deny an ap cation under this chapter, the city forester shall apply one (1) or more of the following standards of review deemed relevant: (1) Necessity to remove trees which pose a safety hazard to pedestrian or vehicular traffic or threaten to cause disruption to public services and public easements through encroachment. (2) Necessity to remove trees which pose a safety hazard to buildings and other im- provements on a lot or parcel of land. (3) Necessity to remove diseased trees or trees weakened by age, storm, fire or other injury that pose a safety hazard to people, buildings or other improvements on lot or parcel of land. (4) The extent to which tree removal is likely to result in damage to the property of Supp. No. 3 313 (5) Any proposed landscaping including plans whereby the applicant has planted or will plant trees to replace those that are pro- posed to be cleared. (6) Topography of the land and the effect of tree removal on erosion, soil retention and the division or increased flow of sur- face water. (7) Good forestry practices, such as the num- ber of healthy trees that a given parcel of land will reasonably support and the proven techniques that sustain healthy trees. (8) Necessity to remove trees in order to construct approved and permitted improve- ments to allow economic enjoyment of the property, including: a. Need for access around the proposed structure for construction equip- ment (maximum of ten (10) feet). b. Need for access to the building site I construction equipment. c. Essential grade changes. road rights" d. Need for locating street or of -way, utilities, drainage ways, as well as the need to provide reason- able use and property access. (9) The extent of any damage or demon- strated hardship which would result to the applicant from a denial of the 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. Ord. No. 2002-08, § 2, 4-8-02) WINTER SPRINGS CODE Sec. 5-5. City 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. (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. (5) To issue cease and desist work orders upon persons in violations 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. (Ord. No. 2002-08, § 2, 4-8-02) Supp. No. 3 314 Co 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 may be required to pay a fee as may be established by resolution of the city commission. If the applicant is not the property owner, then the applicant shall attach the written permission of the property owner to the application. Completed applications shall be returned to the forester, along with the following: (1) A tree inventory consisting of a scaled aerial photograph or drawing of a scale of one (1) inch equals three hundred (300) feet or greater indicating: a. Property boundaries. b. The lnestion of all inrlivirinal trnpo, including the tree's common or bo- tanical name. 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 zoneI a plan shall designate the trees to be retained, and those proposed to be removed. £ The location of existing and pro- posed improvements, if any, includ- ing structures, paving and utility easements. (2) 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 TREE PROTECTION AND PRESERVATION or and clearing permit, at the time of a historic tree shall be made by resolution of the initial submittal of the subdivision plan, city commission, and the city forester shall keep a to the city forester so that due consider- permanent record of all trees so designated by the ation may be given to protection of trees city commission. Specimen trees are all trees during the subdivision design process. (other than "undesirable trees" identified in Ap- (2) Any commercial, industrial, multi -family pendix A, dead trees or diseased trees) which are or other use requiring site plan approval twenty (20) inches or more in diameter. Designa- under the city land development regula- tion as an historic tree may occur in any one of the tions shall be required to submit an ap- following ways: plication for a tree removal and land (1) An applicant may request designation of clearing permit at the time of site plan an historic tree as part of any master submittal so that due consideration may plan, preliminary subdivision plat, or site be given to the protection of trees during plan application. To do so, the applicant the site plan design process. shall submit an expert evaluation by a (3) All new single-family and duplex dwelling landscape architect, horticulturalist, city units shall be required to submit an ap- forester, or other horticultural expert as plication for a tree removal and land Part of the application, clearing permit at the time of application (2) A property owner may request such des - for a building permit; the tree inventory ignation at any time. To do so, the prop - may be shown on the building permit plot erty owner shall submit an expert evalu- plan. ation by a landscape architect, (c) Exempting portion of the tree survey. Upon horticulturalist, city forester historian or request, the forester may permit an applicant to other horticultural expert. omit certain portions of the tree inventory where (3) The city's forester may recommend such compliance with the requirements set forth herein designation as part of their review of any would be unnecessarily burdensome and the ex- application for development, stating in empted portions are not needed for the city to writing their reasons for such designa- evaluate the application. tion, or may make such designation as (d) Permit fee. A nonreturnable permit fee to part of an overall tree protection planning be establishing by resolution of the city commis- program for the city or portion thereof. sion shall be paid for purposes of processing the (4) Historic tree designations shall be subject application, enforcing the provisions of this chap- to approval by resolution of the city com- ter, and inspecting the real property subject to the mission and the city commission may grant application. tree replacement credits, upon granting (e) Posting of permit. The permit must be an historic tree designation. posted upon the property and visible from the (b) Removal. Notwithstanding any other pro - street to be valid, vision of this chapter, specimen or historic trees (Ord. No. 2002-08, § 2, 4-8-02) shall not be removed except for extraordinary circumstances and hardships and only by final Sec. 5-7. Reserved, permit approved by the city commission. (Ord. No. 200M8, § % 4-8-02) Sec. 5-8. Specimen or historic trees. (a) Designation. Certain trees, herein referred Sec. 5-9. Tree replacement guidelines. to as "specimen" or "historic" trees, are of espe- (a) Tree replacement. All trees that are re- cially great concern to the public because of eco- moved or destroyed and subject to replacement by logical value, of indigenous character, size, age or this chapter shall be replaced by a species of tree historic association. Determination that a tree is cited in Appendix B, Desirable Trees or Appendix Supp. No. 3 315 WINTER SPRINGS CODE C, Preferred Plant List or such other trees prop- bank shall be used for enhancement and erly approved by the city forester. Replacement maintenance of trees on public lands. Sub - shall occur within ninety (90) days of removal or stitute tree(s) allowed under this waiver destruction unless a greater replacement period provision must have the approval of the is provided for good cause by permit. city commission. The value to be paid into (b) Criteria for replacement trees is as follows: the tree bank should be based upon whole- sale market value of the trees being re- (1) Characteristics of replacement trees. The placed. replacement tree(s) shall have at least (6) Replacement alternative. As an alterna- equal shade potential, screening proper- tive to the one for one tree replacement ties, and/or other characteristics compa- requirement set forth in this section, an rto that of the tree(s) requested to be applicant may elect to comply with the removed. following tree replacement guidelines: (2) Size of replacement trees. Replacement a. Applicant may deduct from the num- tree(s) are to be made according to a ber of trees to be replaced, tree re - standard of one (1") inch DBH total re- placement credits based on the num- placement for each one (1") inch DBH ber of replacement credits as provided in the preferred plant material list with trees from the preferred plant list; or provided that: (2) otherwise agreed upon by the city (i) All plant materials are Florida commission and applicant. Acceptable spat- Grades and Standard One (1) ing and design standards are the only or beer; aYc criteria that shall limit the number of trees used to meet the inch for inch re- (ii) All plant materials are prop- quirement. erly installed; and (3) 7}•ee species. Relocated or replacement trees (iii) The landscape plan for the pro- posed development or redevel- shall include only species defined as de- opment to which the credits are suable trees (Appendix B) under this chap- to be applied is prepared by a ter. landscape architect licensed by (4) Ransplanting and maintenance require- the State of Florida; and ments. All trees transplanted pursuant to (iv) The developer shall this chapter shall be maintained in a survival of retained and eplacee healthy, living condition. Any such trees ment trees for a period of one which die shall be replaced and main- (1) year from the completion of tained by the property owner. The city construction, unless a greater shall retain perpetual jurisdiction to en- time period is required by de - sure compliance with this chapter. velopment agreement. If re- (5) Waivers of replacement tree() specifics- tained or replacement trees dieduring that time period the tions. The number of required replace- developer shall replace the tree ment trees may be waived by the city in accordance with a remedial commission, if the city commission deter- mines that the remaining number of trees action under section 547 of this to be preserved on site are of sufficient chapter. number and quality to substantially com- b. For each tree located within a public ply with the purpose and intent of this conservation area dedicated to the chapter and a tree replacement fee is paid city as part of a development project, to the city's "tree bank," which is hereby three (3) replacement tree credits established. Monies collected in the tree may be applied to the total number Supp. No. 3 316 TREE PROTECTION AND PRESERVATION of trees required to be replaced by this chapter. However, the minimum tree requirement set forth in section 5-13 shall still apply. Such public conservation area must be at least one (1) acre with widths not less than one hundred twenty-five (125) feet, unless otherwise approved by the city commission. In addition, trees approved by the city forester to re- forest such conservation area shall also be applied to the replacement requirement on a one -for -one basis. c. If the city commission determines, due to site conditions or configura- tion, it is impossible or impracticable for the applicant/developer to meet the requirements for tree replace- ment, under this subsection, the city commission may allow the applicant/ developer to pay into the city's "tree bank" the amount it would have spent on replacement trees. (e) Replacement cost. The cost of replacing the trees shall be incurred by the party that removed the trees or property owner. (Ord. No. 2002-08, § 2, 4-8-02) Sec. 5-10. Prohibitions. (a) Placement of materials, machinery, or tem- porary soil deposits. It shall be unlawful to place material, machinery, or temporary soil deposits within the tree protection zone before or during construction. Before or during construction the builder shall erect and maintain suitable protec- tive 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) D•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. Supp. No. 3 317 (d) Structure and 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 nomnjunous 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. Trees intended for shade pur- poses shall be allowed to reach their mature canopy spread. Excessive shearing, pruning or shaping shall only be allowed with a permit by demonstrating necessity or without a permit in times of emergency only. (Ord. No. 2002-08, § 2, 4-8-02) 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 § 542 WINTER SPRINGS CODE 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) Permit display. The permit shall be located and maintained upon the site at all time. (Ord. No. 2002-08, § % 4-8-02) Sec. 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 of less than between six thousand one (6,001) and ten thousand (10,000) square feet: not fewer than three (3) trees. (c) Any single commercial, industrial, multi- family or other structure requiring site plan approval under the city land devel- opment regulations: no fewer than five (5) trees or approximately three (3) trees per acre, which ever is greater. (Ord. No. 2002-08, § 2, 4-8-02) 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 Supp. No. 3 318 solvents, paint or masonry materials, construc- tion 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 Con- sumer Services Publication, Ree Protection Man- ual for Buildings and Developers. (b) Burden of tree protection on property owner. It shall be the responsibility of a developer or applicant to ensure that any tree shown on the tree inventory for which a tree removal permit has not been obtained is to be protected. The property owner shall guarantee survival of re- tained bvP.P., and rPn1seRmPnf t.rPP, fnr nnc% (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 547 of this chapter. (c) Protective barriers required. Posts shall be used as protective barriers to the roots and trunk of every tree on the parcel being developed. The posts shall be placed at points not closer than one-half (11/2) radius of the dripline of the pro- tected tree, unless the structure has been permit- ted by the city to be erected within the dripline of a tree with a wide canopy. Each section of the barrier shall be clearly visible (flagged with brightly colored plastic tape or other markers). No attach- ments or wires other than those with a protective or non -damaging nature shall be attached to any tree. (d) Site inspections. The city forester may con- duct periodic inspections of the site. It is the responsibility of the applicant to ensure that all provisions of this chapter are met. (Ord. No. 2002-08, § 2, 4-8-02) 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 TREE PROTECTION AND PRESERVATION chapter govern only the planting of trees which are required to be planted or retained under this chapter. No tree or plant shall be planted within a city rights -of -way or easement without express permission from the city forester. (Ord. No. 2002-08, § 2, 4-8-02) Sec. 5-16. Waivers and appeals. (a) Waivers. The city commission may grant a waiver to provisions of this chapter where the applicant demonstrates that the literal interpre- tation of this 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 this 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 may appeal that interpretation to the city com- mission by filing a written notice of appeal of said interpretation within thirty (30) days of said interpretation. Failure to file an appeal within said time period shall result in the administrative interpretation to be declared final. The city com- mission 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. (Ord. No. 2002-08, § 2, 4-8-02) 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. The restoration plan may require tree replacement at not more than a ratio of four to one (4:1) and require mitigation of any other damage to the property, as well as tree replace- ments. Supp. No. 3 319 (b) Replacement formula. Each tree destroyed or receiving major damage during construction must be replaced by either a comparable size and desirable type of tree as listed within Appendix B or four (4) replacement trees before issuance of a certificate of occupancy or certificate of comple- tion. Undesirable trees must be replaced with a desirable species. (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) Sec. 5-18. Enforcement; penalties. (a) Enforcement. 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. (b) Penalties. In addition to all other remedies set forth in this chapter, the following civil fines shall apply to violations of this chapter: (1) Failure to obtain a per- mit (2) Removal of a tree with- out a permit (3) Any other violation of this chapter Fine not to exceed $5,000.00 Fine not to exceed $5,000.00 per tree. Fine as provided by law. (c) Civil fine determination. In determining the amount of the civil fine, 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 committeA by the violator. (4) The number and size of the trees re- moved. § 0-18 WINTER SPRINGS CODE (5) The historical significance of the tree re- moved 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 his chapter. (Ord. No. 2002-08, § 21 4-d-02) Sec. 5-19..�uthorization 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- & 4 2, 4-83 02) Supp. No. 3 320 Common N¢me Acacia Australian Pine Australian Pines Australian Pine Benjamin Fig Bishopwood Bo Tree Brazilian Pepper, Florida Holly Brazillian Pepper Tree Cajeput or Punk Tree Cama Eucalyptus Camphor Carrotwood Castor Bean Catclaw Mimosa Chinaberry Chinese Tallow Tree Chinese Tallow Chinese Tallow, popcorn tree Cork Tree Cuban Laurel Devil Tree Downy Rosemyrtle Ear Tree Ear Pod Tree VA I Earlea False Banyan Florida Holly or Brazilian Pepper Golden Shower Tree Hydrilla Jacaranda Java Plum Laurel Fig Lead Tree Melaleuca, Paper Tree Mimosa Monkey Puzzle Murray Red Gum Orchid Tree Paper Mulberry Punk Tree Rice Paper Plant Rose Apple Rosewood Schefflera Silk Oak Suckering Australian Pine Surinam Cherry TREE PROTECTION AND PRESERVATION .. . fyl , i Scientific N¢me Acacia Spp. Casuarina Species All Casuarina Species Casuarina Equisetifolia Ficus Benjamina Bischofia Javanica Ficus Religiosa Schinus Terebinthifolius Schinus Terebinthifolius Melaleuca Species Eucalyptus Camuldulensis Cinnamonum Camphora Cupianopsis Anacardioides Ricinus Communis Mimosa Pigra Melia Azedarch Sapium Sebiferum Sapium Sebiferum Sapium Sebiferum Thespesia Populnea Ficus Retusa Alstonia Macrophylla Rhodomyrtus Tomentosus Entelobium Contortisliquum Enterolobium Contortisliquum Acacia Auriculiformis Ficus Altissima Schhinus Terebinthifolius Koelreuteria Elegans Hydrilla Verticillata Jacaranda Acutifolia Syzygium Cumini Ficus Microcarpa Leucaena Species Melaleuca Quinquenervia Albizzia Julibrissin Eucalyptus spp. Eucalyptus Camaldulensis Bauhinia Variegata Broussonetia Papyrifera Malaeuca Leucadendron Tetrapanax Papyriferus Syzygium Jambos Dalbergia Sissoo Schefflera Actinophylla Grevillea Robusta Casuarina Glauca Eugenia Uniflora Supp. No. 3 321 Ch. 63 App. A Scientific N¢me Taro Colocasia Esculenta Tropical Soda Apple Solanum Viarum Tropical Almond Terminalia Catappa Tung Oil Tree Aleurites Fordii Water Hyacinth Eichhornia Spp. Wedelia Wedelia Trilobata Weeping Fig Ficus Benjamina Woman's Tongue Albizia Lebbeck (Ord. No. 2002-08, § 2, 4-8-02) C Is 5, App. B Common American Elm American Holly American Holly Bald Cypress Beautyberry Bougainvillea Box Elder Buttonbush Cabbage Palm Cassia Chapman Oak vx�ui ley uuu rY Chickasaw Plum Chinese Elm (Drake) Chinese Fan Palm Coral Roan Crape Myrtrie Dahoon Holly Devil's Walking Stick Dwarf Yaupon Elderberry Elderberry European Fan Palm Flatwoods Plum Flowering Dogwood Fringe Tree Green Ash Hercules Club (Toothache Tree) Hopornbeam Indian Hawthorn Ironwood Japanese Blueberry Juniper Juniper Torulosa Laurel Oak Live Oak Loblolly Bay Loblolly Pine Longleaf Pine Genus LTlmus I. Llex Taxodium Calicarpa Bougainvillea A. Cephlanthus Sabal Senna Q• i • ulu Prunus U. Livistona Ery#k�rin Lagerstroemia Llex Aralia I. Sambucus Sambucus Chamacrops Prunus Cornus Chioanthus Fraxinus Zanthoxylum Ostrya Rapheolepia Carpinus Eleaocarpus Jumperus J. Q• Qyercus Gordonia P. P. WINTER SPRINGS CODE Species Americana Opaca Glabra Distichum Americana Negundo Occidentalis Palmetto Bicapsularis Chapman V t11VLWAU11d Angustifolia P xviflora Chinensis T,-�ne^�nnnrn Indiaa Cassine Spinosa Vomitoria Schellings Canadensis Canadensis Humilis Umbellata Florida Virginicus Pennsylvanica Clava-Herculis Virginiana Indica Caroliniana Decipiens Spp. Torulosa Laurifolia Virgimana Lasianthus Taeda Palustris Supp. No. 3 322 Notes 0 Evergreen D, Araliaceae (ginseng family) D, Showy white spring flowers D D D, wet Ch. 5, App. B TREE PROTECTION AND PRESERVATION Common Genus Species Notes Loquat, (Japanese Eriobotrya Japonica E Plum) May Haw Crataegus Aestivalus Myrtle Oak Q. Myrtifolia E Needle Palm Rhapidophyllum Hystrix Persimmon Diospyros Virgimana D Pignut Hickory Carya Glabra Pindo Palm Butia Capitata Pipestem Agarista Populifolia Pittosporum Pittosporum Tobira Podocarpus, Yew R Macrophyllus Podocarpus, Nagi Podcarpus Nagi Pond Pine R Serotina E Pond Cypress T. Ascendens D Privet, Chinese Ligustrum Sinense Privet, Japanese Ligustrum Japonicum Privet, Florida Forestiera Segregata Red Bay Persea Borbonia Red Mulberry Mortis Rubra Red Buckeye Aesculus Pavia Red Bud Celtis Canadensis Red Maple Acer Rubrum D River Birch Betula Nigra Rusty Lyonia Lyonia Ferruginea Salt Mytrle Baccaharis Halimifolia Sand Pine P. Clausa E Saw Palmeto Serenoa Repens Scrub Oak Q. Geminata E Shiny Lyonia L. Iucida Shumard (red) Q. Shumardii D Silver Maple A. Saccharinum Silverthorn Elaegnus Pungens Simpson Stopper Myrcianthes Fragrans E, aka Naked Wood Slash Pine Pmus Elliottii E Snowbells Styrax Americana Southern Red Cedar Juniperus Virgimana E, var. silicicola Southern Magnolia Magnolia Grandiflora E Sparkleberry Vaccinium Arboreum Sugarberry Celtis Laveigata Swamp Black Gum Nyssa Sylvatica Swamp Dogwood C. Foemina Swamp Bay R Palustris Sweet Acacia Acacia Farnesiana Sweet Gum Liquidambar Styraciflua D Sweet Acacia Acacia Farnesiana Sweetbay Magnolia M. Virginiana E Sycamore Platanus Occidentalis D Supp. No. 3 323 Ch. 5, App. B Common Tough Bumelia Tulip Poplar Turkey Oak Viburnum, Walter's Viburnum; Sandanka Viburnum, Sweet Virginia Willow Washington Palm Water Oak Water Ash Water Hickory Wax Myrtle Weeping Willow Wild Olive Willow vi iow Oak Winged Elm re7�1� Cyrilla Bumelia Liriodendron Q• V. Viburnum V. Itea Washingtonia Q• F. Carya Myrica Salix Osmanthus Salix WC• U. Yellow Haw Crataegus Yellow Anise Elicium (0", Yo, 2009. (08 `I, 4 3. 02) WINTER SPRINGS CODE Species Racemlflora Tenax Tulipfera Laevis O)ovatum Suspensum Odoratissimum Virginica Robusta Nigra Caroliniana Aquatica Cerifera Babylonica Americana Caroliniana Yhellos Alata Flava Parviflorum Supp. No. 3 324 Notes Deciduous E D JJ TREE PROTECTION AND PRESERVATION 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 10 N 040�tt to 10 tf 10010 L OOOOOOOOto LOOtoO1f00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O O O O O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 cMMMMolMGV MMMMc7uoMMtocoC%jN4PMMMMc7MMc7MNN b.0.r,, OOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO p OOtoC)10►fJ0000In 4"J000000000tC.i1001 a 10 C) 010C) iJ etV 10Od+0c 0) 0 LO 010NN10koc 0C)C)M100NcV44m)6V 1004toM ritot- rl ri r-i ri r-1 r-I ,-i r-i rl M r-i ri M rl GV Vol r1 rl ri ri ri r1 -C& N O N rI r IrI r i r1 ri r i r-1 ri ri ri r{ ,-� ri ri rl rl r-i rl r 1 ri r-1 ri rl ri r-i ,-� ri r-1 rl UjcIMco Mco c1co cVco Mco Mc7to MMubmc7c74co Mco Mc comN McV c7 ua c� � is co cfl oo io � co io co 0 0 ioioCd biDio bipcOio(DrP� W)��ap io00�MNDU�b1D�bAd'd'�U1�UM�h0 O "O "o o "o o "o "o "o DWI bOI W)bjOW)bLObI I bDtI hOhOI I tWI I t*hOI tWI t*I b. N 00100LO4D0 o0O►ntou�toto10tou,totoujtnC>00mIn00 r-+ M NM N N m r-I M M NN r-I I" cam .-i glrt N N rmf N N M M N r+ N m N o� 2 a o a A >19 a .0 co o 0 W Cx o bJD a� Cd b 4 o m 1Ato a) E� F�C�C�UUUC�A Wf�Fzl Supp. No. 3 325 0 0 rO v� 0 P, p; " a' rd IL,a� c� D, D, 0 Ch. 5, App. C WINTER SPRINGS CODE a 0 0 0 0 0 0 0 0 I 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 0 0 an wi y� 0000 0000 O 00000 0000000 �CcJ OOOtP� 0000 lfJ 0000 �(J roof ri O O LfJ O r-i O uJ L[J N to 10 LO O L� LO LO LO O to"roof r-i GV CV ri vocalcq N cq cq cV GV cV GV r-f cal cq N cq roof cq ia iN 0 x q 0 0 0 0 0 0 0 0 a o000 0000 0 00000 N o000000 N�0000 0000 0 00000 0 0 0 0 0 o 0 N ® 0 0 0 ® O 0 0 O 0 0 0 0 0 NC9MeOMCOc� A � tj 0000 0000 O 00000 U� U� 4cp10u5» 10LO10X0 d+ to1045 UN) d+ ia 0 0 w a O O O O O O O CD CD o 0 0 o O o 0 0 0 0 y o 0 0 0 0 0 o w IILO o 0 0 o CD CD O O CD 0 0 0 0 0000000 � :, o o00in ®000 00ouo U OM00�rwmi00� �U I�� Ncg10 N0 � LO 10 a ti q 0 444 " '. ro-1 ro°i r--1 v�1 r^^d rot r•--i * • ti co cfl oo co co �; r 4,2 78 � 78 , � r � bn bA bA ao tw O bU do O by bA a m oo co co � LO LO 00 � � r►+ co co 00 > c® cc) co rn 0 x ., x x x °' ( bn 17 bq I I c'� �� co iox i��10 v � b:p bq bA x by bA bA %x X bA by by ho X N LO 10 10 ko 0 10 10 cd N � 10 40) LO 0 LO ICJ 10 In cN in Gol 10 LO LO LPG to GV cq roof N cq co cq cal c co O to O r-1 O O (M Co r•f O roof O O (0 to O r1 N 0 U ^� a 4,2 rod .a a a� F Ul +N N b N -b w0 obj0 a �Aoc�� toPoo (n 2 a rw cd g'd�arn a' °' a)o aa� � a�a �o .0 M�b a , �l cd �, by.� m o O �L,�p a�"i ' o a o U U 6% N Q c� o t� ato U)�i C`5 "' d r. +, a P4 o cb a> c 0 ® O o a> d €,Pol d 0 0 °' rj 4 -) + 'd byto Supp. No. 3 326 TREE PROTECTION AND PRESERVATION a _o c�bi) 0 m y RJ O x 0 0 a ro H O N a w W q 0 a a� q a� U a N N 'b b� a0 ro o o � .a b o �ro a ro a a�a� o w � � a� q c%l c� fd U eO� N O jy fd 00 42 PIS OI U O O U .Q (d w N a GV Y En o ai o ti oUUcoZ -H d 0 1 CjO Supp. No. 3 327 Ch. 51App. C Ch. 5, App. D WINTER SPRINGS CODE ..� The following guidelines shall be applied to determine the Tree Protection Zone: 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 Ree Age inch trunk diameter) Good Young 0.5' A4,9bre 0.75' Overmature 1.ot Moderate Young 0.75' Mature loot Overmature 1.25' Poor Young 1.0, Mature 1.25' Overmature 1.5' Sources Trees and Development, a Technical Guide to Preservation of 7}•ees During Land Development, Nelda Matheny and James Clark, 1998, International Society of Arboriculture, Champaign, IL (Ord. No. 2002-08, § 2, 4-8-02) Supp. No. 3 328 TREE PROTECTION AND PRESERVATION Ch. 5, App. D o ° r. U 4M3 a) 4bio d a> cd ai o 0hq �° BOA°° �0 'ohn � ^d a) "d � 'd ^ 'd U 'd 'rho'd r0ho U two-g rod xA� aU rqA vC rriwc� UxUw"ti d k En c0 'd C v � ' O NO t)c;� 8+boO � o °o a mpcEn m rd o by o , o 0 to CZ GL � 0 r� q 4Q +s •d C�+ 0 O �+ 0 a; •Ley M o m o ti rmw $�" U 0 "' N 00 Cd O v� i a �" 0 0 v a d O N Pd U� cC � s. 'd a 0 0 cn 'd U ao + rd a� c� i� Cd ~ocd`n'd bj0 la� ° a v � m Q' a)� td nO mul +a4 °o o c°0£ a) o d � 4.4 O O O cd 0)� . � � N r� O a � � k � rn � bA +W ti 42) allo E°E�H�� °rHido��c �Pp, bjD o Nm�= FOMOM40ril (0 w En G Gap ri a)� rl- r G °°O A °d 0 H IUHcn N ro U °o °0 0 U Q) aa) ai ai ai ai (1) d 0 b b 0 0 � 0 •d "C1 r•d '•d 0 0 b ti •v Vi 2123 ? a d b •N U n0 .•O U U U CUi U� U� U U p�j U U y U U U U di di Qi � di di Qi •v di N di � � di di %y di Qi di a) a) � awe m tr v .0 � ~OA (1) O 5 U O c� L) r~ rt+ . r .+ O 1� O 0 U m J <4 �1 GQ 1� Qi i/� z Cl� P4 i%1 C/i Supp. No. 3 329 Ch. 5, App. D WINTER SPRINGS CODE v cod c 023 A v a) .�4 0. a)) � 0 -d Abu " d o O Pl trj C3 U ,'�,' U1 U A �! U'~ PQ Po-4 U 'r�i t� U v ® f~ UU Ufa o *' ° ° ° +' c o atii o v o o 0 0 rn 0 co) 0 0 0 a 0 o c"d �0' �pa oo d� c � w bD rn 0 o a) ho '� ocu U c) d .•iC.'' 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'�' O d P� m m v7 m u7 vi � a`ai ccf m ° m o o ocwj o o U Co ^a o o o a) � H W .A , 4 +� e� o cd ,?r D cd cd 'cfj c� cd c� cd 0 cd o o .o � u u N£ o i. 1:4 P 4w d a) cd 4] dOd v O U 4i p i"' S" cN ul O O O Cd W O ctl m 'b cd w cd m "'' m 0 Fa 944 �Wo atii � �p' o ° P� �MO Ot+� +� , 4.k od A`w' C.� o FoO O O a) !4 b ''Z -��+-0)4] O ,y ,0404u+, O a) g O N v W a) a) o au cad cad cd ° i a) (1) 0 aa) o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O ci d U N R N N T3 4Q C> v� two a o t� ,N Yvl ci d A ,V � � d Qi � U O O o" v v ¢ Rq R4 011 POO cd cd U° r a n r o 0 �¢ � z A ti t7 cd cdU as Supp. No. 3 332 TREE PROTECTION AND PRESERVATION Ch, 5, App. D a� 0 a)¢, 0) a"i a) �mqa�i a�"i o aa) � ro o 0 'd a� •d 'd ro �d rd a) b d u a � �� Cn u a0 0x rn rd obi aa) °' an o 0 0 0 0° 0 0 +�' 0 rd 0 0 rA En En a) G � �p o Q o .a o Q o o b o � �, a) w h vi o " 0 g " -63 d d o o d a� d o d d R� +' G a) 0)d .Q 0 0 rn a 0 0 w o 4 � 0 +� � 0 � � 0 d � 0 va + ° 0 ca cd 0 0 cd 0 c� 0 0 cd p m o f C%1 R i P�(Yi HN "dw d+�mo�, jH a° d� " C% N UH m4J U2 H H lmvi d v v C� y d spy F� N F� 4 4 NU f i F � i�•i FF�-H f�•i o 'd 0 0 "d o 'd 'd '� o 'd 0 0 0 'd 0 0 Ar" 0 Pi C7 C7 P., P, 0 0 U C7 C3 w d N �� N 0 W bA NA h�0 O Nia�.a �' ir�.`a e� r.' 7iQ`J.'fj ri�Ja •N � � i, v O v tL 'O "' V O) N N A A Qi ^ % � � � V V ti Ci V � V •� � U �' U aU � � V � U � U d U � U U U � � �� R� O O rn N Cd rid r�8 + a a) O 0 O 0 d a 0 cz w G4 U v pq P•i G4 ro 44 'd Pi U) pq x U A . 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Pon, U V�-1 Cad O �ja pq U '3 P pq W W P Supp. No. 3 344 TREE PROTECTION AND PRESERVATION App. D � A, o U m 4� FH (1) 0 (1)0 a a x 0 x 0 ;M4 x Fm4 k ;�4 o o o o o 0 o o AznU A U U U U U U ��kk o y o � a N W 0i V U 'b t � a 0 0 an ° "' 4A Iul En bi, Ea PAo d PC cd r rMul o +' ti acd d a�i o c+� o 00 � o�cn � �0 rn a1� co a� ro rn +' m o 0 m o a� N 0 0 cd �a�i y voicl) co U N H s. oto �4 c a> � rn w U A W f� `0 O 0 � ^ U Q, ;M4 a W No to co o w a> o 84 o mHo �41 04 I I I �� W a H Ul tea' e°, o h� 0 ;Nq ;w4 a b b b o b L3 0 0 0 0 0 O 0 0 0 0 0 0 x C'03' Uo C'03''' C`J C'0J C 3' o 0 U ti a m a 0 0 i g rn ^~ m H pq U U O Ri 04 O .a cd ..a � a) U � U cn a Supp. No. 3 345 C.% Appe n WINTER SPmN COS Chapter 6 BUILDINGS AND BUILDING REGULATIONS* Article I. In General Sec. 6-1. Purpose. Sec. 6-2. Compliance with chapter. Sec. 6-3. Use of building erected or altered in violation of chapter. Sec. 64. Violations. Sec. 6-5. Authority of building inspector to stop work if contrary to public welfare. Sec. 6-6. Energy efficiency code adopted. Secs. 64-6-30. Reserved. Article II. Administration Division 1. Generally Sec. 6-31. Administrative amendments to Chapter 1 of the Florida Building Code. Sec. 6-32. Administrative amendments to Chapter 2 of the Florida Building Code. Sec. 6-33. Establishing the location of local wind speed lines. Sec. 6-34. Adoption of Florida Building Code appendices. Sec. 6-35. Temporary storage structures. Secs. 6-36-645. Reserved. Division 2. Reserved Secs. 6-46-6-80. Reserved. Article III. Building Construction Standards. Sec. 6-81. Standard Building Code, Standard Existing Building Code, Stan- dard Housing Code and One and Two Family Dwelling Code adopted. Sec. 6-82. Amendment to building code. Sec. 6-83. Television dish antennas. Sec. 6-84. Accessory buildings. Sec. 6-85. Screen enclosures. Secs. 6-86-6-100. Reserved. Article N Electricity Sec. 6-101. Electrical code adopted. Sec. 6-102. Terms defined. Sec. 6-103. Electrical inspection. *Cross references —Code enforcement board to enforce certain ordinances of the city, § 2-56 et seq.; beautification board, § 2-76 et seq.; annexations and rezonings, § 2-116 et seq.; arboreal standards of the City of Winter Springs, Ch. 5; regulations regarding landscaping applicable to privately held property, § 5-3; fire prevention and protection, Ch. 7; fire code adopted, § ?-46 et seq.; fire hydrant requirements, placement and maintenance, § 746 et seq.; flood damage prevention, Ch. 8; land development, Ch. 9; uniform building numbering system, § 9-370 et seq.; impact fees, § 9-386 et seq.; licenses and business regulations, Ch. 10; nuisances, Ch. 13; fire and security alarms, § 13-51 et seq.; planning, Ch. 15; comprehensive plan, § 15-26 et seq.; signs and advertising, Ch. 16; sign construction standards, § 16-76 et seq.; excavation standards and requirements, § 1746 et seq.; utilities, Ch. 19; zoning, Ch. 20. State law reference —Building construction regulations, F.S. ch. 553. Supp. No. 0 365 WINTER SPRINGS CODE Sec. 6-104. Fees. Secs. 6-105-6-125. Reserved. Article V. Plumbing Sec. 6-126. Plumbing code adopted. Sec. 6-127. Terms defined. Sec. 6-128. Plumbing inspection. Sec. 6429. Fees. Secs. 6-130-6-145. Reserved, Article VI. Mechanical Sec. 6-146. Standard Mechanical Code adopted. Sec. 6447. Definitions. Sec. 6448. Mechanical inspection. Sec. 6-149. Fees. Secs. 6450-6-164. Reserved. Sec. 6-165. Standard Unsafe Building Abatement Code adopted. Sec. 6-166. Repair or removal. Sec. 6467. Notice of unsafe building to be served on persons having interest in building; method of service. Sec. 6-168. Court action to comrel compliance or prosccute offender upon disregard to notice. Sec. 6-169. Vacating unsafe buildings and closing adjacent streets. Secs. 6-170-6-185. Reserved, Article VIII. Fences, Walls, Hedges Sec. 6-186. Permit required. Sec. 6-187. Construction materials. Sec. 6488. Exceptions to section 6487. Sec. 6-189. When barbed wire permissible. Sec. 6-190. Height limitations generally. Sec. 6491. Limitations when adjacent to street, intersection. Sec. 6492. Utility easements. Sec. 6-193. Distance from property line. Sec. 6494. Article provisions not controlling; exception. Secs. 6495-6-209. Reserved. Article IX. Swimming Pools Sec. 6-210. Code adopted. Sec. 6-211. Definitions. Sec. 6-212. Application for permit; plans and specifications. Sec. 6-213. Inspections. Sec. 6-214. Contractor's qualifications. Sec. 6-215. Owner's privilege. Sec. 6-216. Design and construction requirements. Sec. 6-217. Enclosure required. Sec. 6-218. General construction provisions for concrete pools. Sec. 6-219. Yards. Sec. 6-220. Electrical requirements. Sec. 6-221. Plumbing requirements. Sec. 6-222. Nuisances, Supp. No. 3 366 BUILDINGS AND BUILDING REGULATIONS co 6-223. Conflict with deed restrictions. Secs. 6-224--6-239. Reserved. Article X. Gas Code Sec. 6-240. Standard Gas Code adopted. Sec. 6-241. Terms defined. Sec. 6-242. Gas inspection. Sec. 6-243. Fees. Secs. 6-244-6-249. Reserved. Article XI. Reserved Secs. 6-250-6-269. Reserved. Article XII. Citations; Unlicensed Contractors; Failure to Obtain Building Permit Sec. 6-270. Intent and purpose. Sec. 6-271. Findings. Sec. 6-272. Citation authorized for construction contracting violations. Sec. 6-273. Citation form. Sec. 6-274. Penalty. Sec. 6-275. Refusal to sign citation. Sec. 6-276. Stop work. Sec. 6-277. Correction of violation; payment of penalty; notice of hearing. Sec. 6-278. Administrative hearings; accrual of penalties. Sec. 6-279. Appeals of code enforcement board decisions. Sec. 6-280. Recording code enforcement board orders. Sec. 6-281. Notices. Supp. No. 3 367 WINTER SPRINGS CODE [THIS PAGE INTENTIONALLY LEFT BLANK] Supp. No. 3 368 BUILDINGS AND BUILDING REGULATIONS roofs of commercial or industrial build- ings but only upon submission of a certif- icate of an engineer or architect currently registered to do business in the state. Such certification shall be to the effect that a structural analysis has been made of the building and such building can safely support the specific antenna with a minimum wind loading of one hundred (100) miles per hour. (3) Television dish antennas or satellite an- tennas shall not be installed in front of the front line of any residential, commer- cial, or industrial building. (4) Television dish antennas or satellite an- tennas may only be installed in side yards or back yards of any building. (5) No portion of any antenna or support structure shall be closer than five (5) feet from any property line. (6) Television dish antennas or satellite an- tennas shall not be located on any public way, easement, or parkway. (7) Television dish antennas or satellite an- tennas shall not be installed in any des- ignated parking area of any building. (8) Mobile mounted television dish antenna or satellite antenna structure shall com- ply with all requirements (1) through (7) above. (b) Apartment and condominium buildings. Apartment or condominium buildings above three (3) stories in height shall be treated as commer- cial structures for the purpose of these regula- tions for television dish antenna or satellite an- tennas. (c) Height restriction. The installation of any television dish antenna or satellite antenna shall not exceed the height restriction set forth in the zoning ordinance for that location. (Code 1974, § 5-9) Sec. 6-84. Accessory buildings. (a) General. Accessory building means a de- tached, subordinate structure, the use of which is clearly incidental to, customarily associated with, Supp. No. 3 377 and related to the principal structure or use of the land, and which is located on the same lot as the principal structure or use. Accessory buildings shall include storage buildings, toolhouses, party u hoses, bathhouses (used in conjunction with swimming pool) and similar uses. No more than two (2) accessory buildings shall be allowed on any single lot. Accessory buildings shall not be used as living quarters. (b) Height and size restrictions. The maximum height shall be twelve (12) feet measured from ground level. The maximum size of any structure shall be two hundred forty (240) square feet. (c) Location. All accessory buildings shall be located to the rear of the existing buildings line. (d) Permits. A building permit shall be re- quired before construction or placement can take place. No accessory building shall be permitted prior to construction of the principal building. (e) Setback requirements. When an accessory building is attached to a principal structure by a breezeway, passage or otherwise, it shall become a part of the principal structure and shall be subject to the required setbacks of the principal structure. (1) Corner setback —On all corner lots the minimum open sideyard setback shall be that of the principal building. (2) Rear yard setback —Shall be a minimum of six (6) feet. (3) Side yard setback —Shall be that of the lot on which the building is to be located. (4) Easements —If an easement on the lot where the building is to be located is greater than that addressed above, then the easement size shall prevail. No build- ing shall be constructed or placed on an easement. (Code 1974, § 5-10; Ord. No. 460, § 1, 6-26-89) Sec. 6-85. Screen enclosures. (a) Definition. For purposes of this section, the term "screen enclosure" shall mean an enclosure consisting entirely of screen mesh, except for minimum essential structural framework re- quired for its support. WINTER SPRINGS CODE (b) Mesh; load requirements. Mesh sizes shall not be smaller than twenty (20) by twenty (20) threads per inch, nor larger than eighteen (18) threads by fourteen (14) threads per inch. Design computations and construction details of screen enclosures shall be supplied with all plans show- ing that same comply with wind load and live load requirements of the building code of the city. (c) Setbacks. The screen enclosure shall meet all code requirements for front and side yard setbacks which are applicable to the subject prop- erty. Notwithstanding any other applicable rear setback requirement, the screen enclosure shall not be located any closer than seven (7) feet from the rear property line of the subject property. On lakefront property, no screen enclosure shall be located any closer than twenty-five (25) feet from the shoreline, as determined by the existing or established high-water control level. (d) Height. The screen enclosure shall not be higher than the primary structure on the subject property, except when the principal structure z is, �v el've (12) ee . ii-i hiC case, file scYee � enclosure shall be set back an additional two (2) feet from the minimum setback requirements contained in subsection (c) for every additional foot above twelve feet. (e) Easements. Screen enclosures shall not be constructed within an easement area, unless the easement expressly allows said construction. (f) Screen enclosure modifications. If any por- tion of an existing screen enclosure is modified so that it no longer satisfies the definition in subsec- tion (a), the modified screen enclosure shall meet all building setback and height requirements that are applicable to principal and accessory build- ings for the subject property. (Ord. No. 2002-31, § 3, 10-28-02) Secs. 6-8G-6-100. Reserved, ARTICLE N ELECTRICITY* Sec. 5-101. Electrical code adopted. The city hereby adopts in its entirety that certain electrical code known as the National *Cross references —Electrical requirements for installa- tion of swimming pools, § 6-220; fire prevention and protec- tion, State law reference —Electrical code, F.S. § 5534190 Supp. No. 3 378 Electrical Code, 1999 Edition as published by the National Fire Protection Association and the Cen- tral Florida Advisory Committee Notice 'W', ex- cept as otherwise provided in this article. (Code 1974, § 5-53; Ord. No. 517, § 2, 2-24-92; Ord. No. 605, § III, 11-27-95; Ord. No. 752, § I, 12-6-99) Sec. 6-102. Terms defined. The words "electrical inspector" when used in the electrical code adopted by section 6-101 shall mean the city building inspector. (Code 1974, § 5-54) Sec. 6-103. Electrical inspection. TIZP_ hi�ilrlincr rl�nar4mnnt fnr +ham n;+.� �h.�ll make all inspections, issue all permits and en- force all provisions of the National Electrical Code adopted in section 6-101 within the city. (Ord. No. 605, § IV, 11-27-95) Sec. 6-104. Fees. All applications for electrical permits shall be accompanied by an appropriate electrical permit fee as set forth by the city commission pursuant to resolutions adopted under the authority of this article which are on file in the city clerk's office. (Ord. No. 605, § V, 11-27-95) Secs. 6-105-6-125. Reserved. ARTICLE V. PLUMBING Sec. 6-126. Plumbing code adopted. The city hereby adopts in its entirety that certain plumbing code known as the Standard Plumbing Code, 1994 Edition, excluding Appen- tCrossreferenees—Fences, walls, hedges, etc., § 6-186 et seq.; plumbing requirements for swimming pools, § 6-221; obstruction of fire hydrants prohibited, § 7-4; fire hydrant requirements, placement and maintenance, § 7-76 et seq.; utilities, Ch. 19. State law reference —Plumbing code, F.S. §§ 553.06, 553.73. BUILDINGS AND BUILDING REGULATIONS dix H, as promulgated by the Southern Building Code Congress International, Inc., except as oth- erwise provided in this article. (Code 1974, § 541; Ord. No. 461, § 2, 6-26-89; Ord. No. 517, § 3, 2-24-92; Ord. No. 605, § VII, 11-27-95) Sec. 6-127. Terms defined. The term "plumbing inspector" when used in the plumbing code adopted by section 6426 shall mean the city building inspector. (Code 1974, § 542) Sec. 6-128. Plumbing inspection. The building department for the city shall make all inspections, issue all permits and en- force all provisions of the Standard Plumbing Code adopted in section 6-126 within the city. (Ord. No. 605, § VIII, 11-27-95) Sec. 6-129. Fees. All applications for plumbing permits shall be accompanied by an appropriate plumbing permit be as set forth by the city commission pursuant to resolutions adopted under the authority of this article which are on file in the city clerk's office. (Ord. No. 605, § IX, 11-27-95) Secs. 6-130-6-145. Reserved. ARTICLE VI. MECHANICAL Sec. 6-146. Standard Mechanical Code adopted. The city hereby adopts in its entirety the Standard Mechanical Code 1997 Edition exclud- ing Appendix B, as promulgated by the Southern Building Code Congress International, Inc., ex- cept as otherwise provided in this article. (Code 1974, § 5-165, Ord. No. 461, § 3, 6-26-89; Ord. No. 517, § 4, 2-24-92; Ord. No. 605, § XI, 11-27-95; Ord. No. 692, § II, 1-12-98) Sec. 6-147. Definitions. (a) The word "city" as used in the code adopted in section 6-146 refers to the City of Winter Springs, Florida. Supp. No. 3 379 § 6-166 (b) The words "mechanical code" as used herein refer to the Standard Mechanical Code adopted in section 6-146. (Code 1974, § 5-164) Sec. 6-148. Mechanical inspection. The building department for the city shall make all inspections, issue all permits and en- force all provisions of the Standard Mechanical Code adopted in section 6-146 within the city. (Code 1974, § 5466) Sec. 6-149. Fees. All applications for mechanical permits shall be accompanied by an appropriate mechanical permit fee as set forth by the city commission pursuant to resolutions adopted under the author- ity of this article which are on file in the city clerk's office. (Code 1974, § 5.167) Secs. 6-150-6-164. Reserved. Sec. 6-165. Standard Unsafe BuildingAbate- ment Code adopted. The city hereby adopts in its entirety that certain code known as the Standard Unsafe Build- ing Abatement Code, 1997 Edition, as promul- gated by the Southern Building Code Congress International, Inc., subject to all amendments, modifications or deletions hereinafter enacted. (Ord. No. 461, § 4, 6-26-89; Ord. No. 2001-57, § 2, 12-10-01) Sec. 6466. Repair or removal. (a) A building or structure that may be or shall at any time hereafter become dangerous or un- safe, shall, unless made safe and secure, be taken down and removed. (b) A building or structure declared structur- ally unsafe by a duly constituted authority may be restored to a safe condition; however, if the damage or cost of reconstruction or restoration is in excess of fifty (50) percent of the value of the building or structure, if reconstructed or restored, § 6-166 WINTER SPRINGS CODE it shall be made to conform with the requirements for newly constructed buildings and structures. No change of use of occupancy shall be compelled by reason of such reconstruction or restoration. (Code 1974, § 5-89) servedo; persons having est in building; method of serm (a) Upon receipt of information that a building or structure is unsafe, the building inspector shall make or cause to be made an inspection and if it is found that an unsafe condition exists, he shall serve or cause to be served on the owner or one (1) of the owner's executors, administrators, agents, lessees or other persons who may have a vested or �.11ll Llll��ll� 111laa CSL 111 b11C bG11llG, d VVLILLCII 11V b1GC containing a description of the building or struc- ture deemed unsafe, a statement of the particu- lars in which the building or structure is unsafe, and an nrdPr rpniiiring the same to be made safe and secure or removed, as may be deemed neces- sary by him. (b) If the person to whom the notice and order required by subsection (a) is addressed cannot be found within the city after diligent search, then such notice and order shall be sent by registered mail to the last known address of such person, and a copy of such notice shall be posted in a conspicuous place on the premises to which it relates. Such mailing and posting shall be deemed adequate service. (Code 1974, § 5-90) disregard If a person served with a notice or order to remove or repair an unsafe building or structure shall fail, within sixty (60) days, to comply with the requirements thereof, the city attorney may institute an appropriate action in the courts to compel compliance or the person shall be tried in a court of competent jurisdiction and if found guilty shall be punished in accordance with sec- tion 1-15. (Code 1974, § 5-91) Supp. No. 0 380 U 'closing adjacent streets. When a building or structure is in an unsafe condition, so that life is endangered thereby, the building inspector may order and require the inmates and occupants to vacate the building or structure forthwith. He may, when necessary for the public safety, temporarily close sidewalks, streets, buildings, structures and places adjacent to such building or structure and prohibit the same from being used. (Code 1974, § 5-92) L-'iwwll Y'UJLiY:� W YYIL. Y` 1Lul'Y'l.i1L', tiJ� W'%LiIY�L�J� RED ES* Sec. 6-186. Permit required. Plans showing the location of any proposed fence or wall in excess of one hundred dollars ($100.00) value and the type of construction shall be submitted to the building official and a permit obtained therefor from the building official. (Code 1974, § 5-122) Sec. 6-187. Construction materials. Fences and walls constructed within the city shall conform to one (1) of the following: (1) Wood fences constructed of rot -and termite - resistive species of wood or chemically pressure -treated to resist rot and termite attack. (2) Street posts and wire fabric fences with fabric of a minimum of eleven gauge gal- vanized or other non -corrodible metal. (3) Ornamental iron. (4) Ventilated concrete or masonry. *Cross references —Beautification board, § 2-76 et seq.; enclosure for swimming pool required, § 6-217; land develop- ment, Ch. 9; zoning, Ch. 20. BUILDINGS AND BUILDING REGULATIONS (5) Decorative PVC or aluminum, structur- ally sound to maintain spans and one hundred ten (110) mph wind load. (Code 1974, § 5-123; Ord. No. 2001-29, § 2, 5-14- M Sec. 6-188. Exceptions to section 6-187. Where zoning classifications within the city allow for horses, barbed wire fences will be per- mitted as well as fabric fences with fabric of less than a minimum of eleven -gauge galvanized or other noncorrodible metal. (Code 1974, § 5424) Sec. 6-189. When barbed wire permissible. In areas where security fences are permitted, barbed wire may be used above six (6) feet with approval of the building officials. (Code 1974, § 5-125) Sec. 6-190. Height limitations generally. All walls or fences hereafter located, erected, constructed, reconstructed, or altered outside of the established building lines shall adhere to the following heights: If front of the front building line, no more than four (4) feet in height; if to the rear of the front building line, provided the pro- visions of section 6491 are met for corner lots, no more than eight (8) feet in height. (Code 1974, § 5-126) Sec. 6-191. Limitations when adjacent to street, intersection. To avoid the obstruction of clear vision around or through corners on corner lots, rio fence, wall or hedge shall be erected, planted or grown within twenty-five (25) feet of the intersecting property line corner adjacent to the street intersection corners. (Code 1974, § 5427) Cross references -Streets, sidewalks and other public places, Ch. 17; streets, § 17-26 et seq.; motor vehicles and traffic, Ch. 12; zoning, Ch. 20. Sec. 6-192. Utility easements. (a) It shall be lawful for any person to enclose or fence any utility easements; provided, however, that adequate access must be provided thereto by Supp. No. 3 381 § 6-193 the fence owner. If it becomes necessary to cut a fence or remove walls for the purpose of installa- tion of new utilities or repairing or maintaining installed utilities, the utility company involved shall be responsible to repair or replace the fence or wall to the condition existing previous to the installation, repair or maintenance. (b) Adedicatedright-of--way shall not be fenced by any private citizen. However, and only when it is determined by the board of adjustment that fencing, in whole or in part, of a public right-of- way is necessary to protect the health, safety, and weMare of the citizens of the city as a whole, the board may authorize a special exception to permit a private citizen to erect a fence on a dedicated right -of --way contiguous to that citizen's property. Requests for such special exceptions to this sec- tion shall be decided pursuant to the criteria of section 20-82(1)b, and to the procedures of sec- tions 20-83 and 20-84. (c) Any fencing approved by special exception to be erected on a dedicated right-of-way shall be constructed according to plans approved by the city staff, with gates adequate to allow access to maintenance vehicles. All costs incurred in fenc- ing the right-of-way shall be borne by the contig- uous property owner to whom the special excep- tion may be granted. The fence shall be maintained in safe condition by the property owner who installed it, and the fencing when removed may be reclaimed by that property owner. (d) Such fences erected privately by special exception on a dedicated right -of --way shall not preclude access to or use of such public land by any citizen of the city. (Code 1974, § 5429) Cross reference —Utilities, Ch. 19. Sec. 6-193. Distance from property line. Fences or hedges must be at least three (3) inches from property lines. (Code 1974, § 5-130) Cross references —Land development, Ch. 9; zoning, Ch. 20. § 6-194 WINTER SPRINGS CODE ling;Wu* 6=1641a Article provisions not controlm Provisions of this article do not supersede or control deed restrictions running with the land unless the provisions therein are more stringent than in the deed restriction. (Code 1974, § 5431) city hereby adopts in its entirety that certain code known as the Standard Swimming Pool Code, 1985 Edition, as promulgated by the Southern building Uode Uongress International, Inc., except as otherwise provided in this article. (Ord. No. 461, § 5, 6-26-89) As used herein, the following words, phrases, terms and their derivations shall have the mean- ings stated herein. Pool is a facility containing or intended to contain, water of a total volume greater than twenty-five hundred (2500) gallons, and/or is over twenty-four (24) inches in depth, with surface area exceeding one hundred fifty (150) square feet, used only by an individual citizen and his family or bona fide guests and shall not include ownership, operation or use by any type of club, cooperative housing or joint tenancy of two (2) or more families. (Code 1974, § 5441; Ord. No. 2002-31, § 2, 10-28- 02) Sec. 6-212. Application for permit; plans and specifications. Before any work is commenced on the construc- tion of a pool or any structural alteration, addi- tion or the remodeling thereof, an application for a permit to construct such pool, accompanied by *Cross references —Flood damage prevention, Ch. 8; land development, Ch. 9; nuisances, Ch. 13; planning, Ch. 15; zoning, Ch. 20. Supp. No. 0 382 two (2) sets of plans and specifications and perti- nent explanatory data, shall be furnished to the building official of the city for his approval, and no part of the work shall be commenced until the building inspector has granted such permit to construct and has further evidenced his approval by a suitable endorsement upon such plans and specifications, and no such pool shall be used until final inspection has been made by the build- ing official. The building official shall review such plans and specifications to determine whether they comply with the provisions of this article and with reasonable standards of swimming pool con- struction. (1) The plans, specifications and pertinent data required to be submitted in connec- tion with an application for permit to construct a nnnl, or nny alfPrntinn nddi- tion or remodeling thereof shall comply with the following requirements and in- clude the following plans and informa- tion, as well as such other data as may be reasonably requested by the building offi- cial: a. Plans shall be drawn to scale indi- cating all dimensions, including the length, width and depth of the pool and extent of any perimeter patio slab; b. A longitudinal profile plan showing the length, depths, slopes, radii of curvature, thickness of slab, steel reinforcing size and spacing, and con- crete cover; c. Pipe diagram showing material type, schedule and sizes of all pipes, in- lets, outlets, make-up waterlines, vac- uum lines, waste and drainage lines, circulation and other piping (includ- ing all valves and valve types); d. The liquid capacity of the pool; e. Liquid capacity of any wading pool; £ The kind, number and size of filters, including the square footage of the filter area in each unit; g. Top capacity of filters in gallons per minute; BUILDINGS AND BUILDING REGULATIONS h. Plot plan shall be to scale and show lot, block or legal plot. Front, side and rear setbacks shall be shown on this plot plan; i. All pump sizes, capacities, horsepow- ers and types; j. Source of original and make-up wa- ter; k. The elevation of the existing ground- water table and the type and approx- imate compactness of the soil to a depth of twelve (12) feet; when groundwater table or soil compac- tion is questionable the building of- ficial shall require soil test data and such data is to be utilized in making final determination for requiring com- pliance with (2)c. below. (2) Plans and specifications for pools must bear the seal and signature of a registered structural engineer licensed to practice in the state in any or all of the following instances: a. Where pools exceed one thousand (1,000) square feet in area at water level; b. Where pools depart from simple rec- tilinear or curvilinear shape; c. Where any of the following soil con- ditions exist at or near the center of the proposed pool location within twelve (12) feet of the surface: Loose to very loose sands silt, silty sand; or sandy silt; marl; clay; peat; muck or any other soil having high settle- ment characteristics. (Code 1974, § 5-142) Sec. 6-213. Inspections. (a) The building inspector, upon notification from the permit holder or his agent, shall make the inspections in this section and such other inspections as may be necessary, and shall either approve that portion of the work as completed, or shall notify the permit holder or his agent wherein the work fails to comply with this article. Supp. No. 3 383 (b) The first inspection shall be made after excavation and reinforcing steel or structural framework is in place; second inspection, plumb- ing rough -in and electrical rough -in; final inspec- tion, to be made on completion and ready for use. (c) During construction, all excavation must be enclosed by fencing which is a minimum of five (5) feet high and capable of preventing access by children. This fence must be in place at the time of the first inspection and remain in place until the pool is completed. This fencing may be of temporary construction or it may be of the per- manent type required by section 6-217 above. If of temporary construction, it must be replaced by the permanent enclosure required by section 6-217 of this article prior to issuance by the building official of final approval of the pool. (Code 1974, § 5-148) Sec. 6-214. Contractor's qualifications. No person shall be permitted to construct any family pool unless such person is licensed as a general contractor or a swimming pool contractor. (Code 1974, § 5450) Sec. 6-215. Owner's privilege. Any bona fide property owner may construct, remodel or add to any family pool or equipment located upon his property which is occupied as a single-family legal residence, provided that he shall not be permitted to build more than one (1) family pool per residence within each calendar year and provided further that he: (1) Submits two (2) sets of plans and specifi- cations conforming to this Code complete in all respects as required by this article and obtains a permit to do such work and pay the required permit fees; (2) Do and perform or supervise all of the construction work on his property and receive no compensation for his work. (Code 1974, § 5451) Sec. 6-216. Design and construction require- ments. In addition to the requirements set forth in section 6-212 hereof, the building official shall not § 6-216 WINTER SPRINGS CODE issue a permit for the construction of any pool, or the structural alteration, addition or the remod- eling thereof unless the following design and construction requirements are observed in such construction and such pool shall be constructed and maintained in conformity with the following requirements: (1) All pool design and auxiliary equipment shall conform generally to the minimum standards of the National Swimming Pool Institute (latest edition). Where diving equipment is installed, the specifications shall in every instance comply with the minimum standards of the National Swim- ming Pool Institute and, in addition to meeting such minimum standards, no div- ing board shall be more than one (1) mPtar AnvP t.hP ` gfPr'R gnrfarP (2) All pool construction shall be so designed as to fully support all imposed live, dead and impact loads. (3) All pools constructed in an area of which residual groundwater creates hydrostatic head against the pool structure shall have a suitable hydrostatic underdrain to which a pump may be properly attached. (4) Any completed pool shall be absolutely watertight independent of any and all lining material or finishes. (5) Steel, plastic, fiberglass, aluminum and other pool structures other than concrete, shall be considered as requiring special consideration of the building official in each case, especially in regard to ground- water conditions, grading, etc. (6) Every pool constructed, or hereafter re- paired, shall be equipped with a filtration system which shall be designed and be capable of filtering and recirculating the entire volume of the pool water capacity during a twelve-hour period. (7) The construction of patio decks around any pool shall slope away from the pool a minimum of three (3) inches in ten (10) feet and shall be designed and made in Supp. No. 3 384 such manner that all scum, splash and deck water shall not return to the pool except through the filter system. (Code 1974, § 5443(a)—(g)) All swimming pools must be enclosed by screen enclosure, fence or wall of a minimum height of five (5) feet. The fence or wall shall be constructed in such a manner so as not to be easily climbed and not affording any external handholds or foot- holds on the outside. Gates shall be same height as the fence or wall and equipped with a self - closing and self -latching closure mechanism at a height above the reach of toddlers. The gate shall be locked or latched at all times when the pool is unattended. (Code 1974, §§ 5-128, 5443(h); Ord. No. 426, §§ 1, 2, 9-26-88) Sec. 6-215. General construction provisions for concrete pools. Air concrete pools shall be designed in accor- dance with requirements of Serial Designation ACI No. 318-63, as published by the American Concrete Institute. (1) Pool walls and floor slabs shall be con- structed not less than four (4) inches and five (5) inches respectively and contain a minimum of not less than three -eighths - inch reinforcement steel rods on twelve - inch centers, in both directions. Such re- inforcing shall be securely supported at approximate mid -depth of base slabs and walls prior to and following placing con- crete. (2) The concrete mix shall be designed to secure a compressive strength of not less than three thousand (3,000) pounds per square inch at twenty-eight (28) days, with a maximum slump of four (4) inches. Concrete shall be kept wet for five (5) days after placing. (Code 1974, § 5-144) Sec. 6-219. Yards. (a) No pool (excluding surrounding patio) shall be located closer to the side yard property line of the lot, parcel or piece of land upon which such BUILDINGS AND BUILDING REGULATIONS pool is located than the distance required by the zoning ordinances of the city for side yards in the zone in which the property is located, plus three (3) feet, not less than ten (10) feet from the rear property line, nor shall any part of the pool structure within and including the coping intrude upon any easement. (b) No pool shall be located nearer to the front line of the lot, parcel or piece of land than the main or principal building or residence to which the pool is an accessory, except that for waterfront lots a pool shall be located not less than fifteen (15) feet from the present or proposed high-water control level of the lake. All distances shall be measured from six (6) inches outside the inside wall of pool. (Code 1974, § 5445; Ord. No. 433, § 1, 9-26-88; Ord. No. 2002-31, § 2, 10-28-02) Cross references —Land development, Ch. 9; zoning, Ch. 2o. Sec. 6-220. Electrical requirements. (a) All aboveground electric wiring not in rigid metal conduit adjacent to the pool shall be a minimum of nine (9) feet six (6) inches above ground or patio level (whichever is higher) and shall not be less than a horizontal distance of five (5) feet from the pool water's edge. No electric wiring shall extend over the pool surface. (b) Electric fixture outlets adjacent to the pool shall be Underwriter -approved weatherproof out- door type with grounding sockets, attached to rigid metal conduit and located a minimum of twelve (12) inches above the ground or patio (whichever is higher) and shall be placed a mini- mum of five (5) feet from the pool water's edge. (c) Electric lighting to illuminate any pool or pool patio shall be so arranged and shadowed as to prevent exposure of direct lighting upon adjoin- ing premises. (Code 1974, § 5-146) Cross reference —Electricity, § 6-101 et seq. Sec. 6-221. Plumbing requirements. (a) There shall be no cross connections of the drinking water supply with any other source of water supply for the pool. Any line from the drinking water supply to the pool shall be pro- Supp. No. 3 385 § 6-223 tecWu against backflow of polluted water by means of an air gap and shall discharge at least four and one-half W/2) inches above the maximum high- water level of the make-up tank or the pool. (b) All backwash water, overflow and pool clean- ings must be connected to the sewer system where this service is available, or to a tile field, or a dry well approved by the city where such sewer service is not available. In no instance shall pool waters be emptied on any street, alley, sidewalk, gutter, public reservation or open lot in the city. Pool waters not emptied into sewers shall be completely contained upon the pool owner's prop- erty. (Code 1974, § 5447) Cross reference —Plumbing, § 6.126. See. 6-222. Nuisances. (a) It is the responsibility of the pool owner to see that the operation of his pool does not cause undue noise or excess lighting which might pre- vent the enjoyment by adjoining property owners of their property. (b) Upon construction of a swimming pool, the owner or persons responsible for its operation shall keep in service all items designed for the purification of the water supply or its protection from pollution to perform adequately the function for which such were designed. (c) If any pool shall be allowed to contain stagnant or foul water or water containing more than 1,000 M.P.N. of E. Coll, the city shall give the owner of the pool fifteen (15) days' notice to correct the deficiency. Should any owners not comply with the provisions of this section by draining or cleaning such pool, the city may then proceed with such work and the cost thereof shall be charged against the owners of the land and shall remain a lien against such land until paid. Failure by the owner to proceed within the fifteen - day period shall also be a violation of this article and punishable in accordance with section 1-15. (Code 1974, § 5449) Cross reference —Nuisances, Ch. 13. Sec. 6-223. Conflict with deed restrictions. In instances where deed restrictions specify criteria for placement or construction of family § 6-223 WINTER SPRINGS CODE swimming pools that vary from the provisions of ARTICLE XI. RESERVED* this Code, the provisions of the most restrictive shall apply. Sec, 6-250-6-258. Reserved. (Code 1974, § 5-152) The city hereby adopts in its entirety the Standard Gas Code 1997 Edition excluding Ap- pendix B, as promulgated by the Southern Build- ing Code Congress International Inc., except as otherwise provided in this article. (Ord. No. 461, § 6, 6-26-89; Ord. No. 517, § 5, 2-24-92; Ord. No. 605, § XII, 11-27-95; Ord. No. 692) § III, 1-12-98) The term "gas inspector" when used in the gas code adopted by section 6-240 shall mean the city building inspector. (Ord. No. 605, § XIII, 11-27-95) The building department shall make all inspec- tions, issue all permits and enforce all provisions of the Standard Gas Code adopted in section 6-240 within the city. (Ord. No. 605, § XIV) 11-27-95) All applications for gas permits shall be accom- panied by an appropriate gas permit fee as set forth by the city commission pursuant to resolu- tions adopted under the authority of this article which are on file in the city clerk's office. (Ord. No. 605, § XV, 11-27-95) Secs. 6-244-6-249. Ii,eserved. Supp. No. 3 386 BUILDING PE.Vk..IkjTT It is the intent and purpose of this article to authorize the issuance of citations for violations of Sections 489.127 and 489.132(1), Florida Stat- utes, as may be amended or renumbered from time to time by the Florida Legislature. It is also the intent and purpose of this article to establish a procedure to implement the issuance of such citations by code enforcement officers, who under this article shall be the building official and those persons designated a code enforcement officer under section 2.67, Winter Springs Code. Nothing <. , 'a t �, 3 n.i1c^a III iiiiu arLiL1� shall pi°olilbii; Iallu Ld,Loy from enforcing its codes or ordinances by any other lawful means. (Ord. No. 2001-02, § 11 10-8-01) Sec. 6-271. Findings. The city commission of the City of Winter Springs hereby finds: (1) The commencement or performance of work for which a building permit is required without such building permit being in effect creates a grave threat to the public health, safety, and welfare and jeopar- dizes the safety of occupants of buildings. (2) The performance of construction by con- tractors who are not duly licensed, when a contracting license is required, may pose a danger of significant harm to the public when incompetent or dishonest unlicensed contractors provide unsafe, unstable, or short-lived products or services. (Ord. No. 2001-02, § 1, 10-8-01) *Editor's note —Ord. No. 2002-18, § 2, adopted July 8, 2002, repealed former Art. XI, §§ 6-250-6-258, in its entirety. Former Art. XI pertained to an interim service fee and derived from Ord. No. 527, § 2, adopted Sept. 14, 1992. BUILDINGS AND BUILDING REGULATIONS Sec, 6-272. Citation authorized for construc- tion contracting violations. A code enforcement officer is hereby authorized to issue a citation for any violation of Sections 489.127 and Section 489.132(1), Florida Statutes, whenever, based upon personal investigation, the code enforcement officer has reasonable and prob- able grounds to believe that such violation has occurred. A citation shall be issued in accordance with the rules and procedures established by this article and Florida Statutes. This article does not authorize or permit a code enforcement officer to perform any function or duty of a law enforcement officer. (Ord. No. 2001-02, § 1, 10-8-01) Sec. 6-273. Citation form. A citation issued by a code enforcement officer shall be in a form prescribed by the city commis- sion by resolution, and shall contain at a mini- (1) The time and date of issuance. (2) The name and address of the person to whom the citation is issued. (3) The time and date of the violation. (4) A brief description of the violation and the facts constituting reasonable cause. (5) The name of the code enforcement officer. (6) The procedure for the person to follow in order to pay the civil penalty or to contest the citation. (7) The applicable civil penalty if the person elects not to contest the citation. (Ord. No. 2001-02, § 1, 10-8-01) Sec. 6-274. Penalty. In addition to any other criminal penalties provided by Section 489.127(2), Florida Statutes, a civil penalty of five hundred dollars ($500.00) shall be levied for any violation of this article. All monies collected by the city from citations issued under this article shall be deposited in the city's general fund and may be expended for any public purpose authorized by the city commission. A person cited for a violation pursuant to this arti- cle is deemed to be charged with a non -criminal S11pp. No. 3 387 § 6-277 infraction. Each violation is a separate civil in- fraction. Each day such violation shall continue shall be deemed to constitute a separate civil infraction. (Ord. No. 2001-02, § 1, 10-8-01) Sec. 6-275. Refusal to sign citation. Except in the absence of the person who has committed the violation, a code enforcement of- ficer shall require the person to sign and accept a citation being issued. If the person refuses to sign and accept the citation, the code enforcement officer shall write the words "Refused to Sign" or any other words of similar meaning in the space provided in the citation for the person's signature and shall leave a copy of the citation with the person if possible, or mail a copy to the person, if possible, by registered or certified mail, return receipt requested. Following such refusal to sign and accept, the code enforcement officer shall also contact the Winter Springs Police Department to report such violation of this article and Section 489.127(5)(m), Florida Statutes. (Ord. No. 2001-02, § 1, 10-8-01) Sec. 6-276. Stop work. Any person who is issued a citation under this article shall immediately cease the act for which the citation was issued upon receipt of the cita- tion. (Ord. No. 2001-02, § 11 10-8-01) Sec. 6-277. Correction of violation; payment of penalty; notice of hearing. Upon receipt of a citation, the person charged with the violation shall elect either to. (1) Correct the violation and pay to the city the civil penalty in the manner indicated on the citation; or (2) Within ten (10) days of receipt of the citation, exclusive of weekends and legal holidays, request an administrative hear- ing before the city's code enforcement board to appeal the issuance of the cita- tion in accordance with the procedures set forth in this article. Any request for an administrative hearing shall be made and delivered in writing to the city manager WINTER SPRINGS CODE by the time set forth in this subsection. Failure to request an administrative hear- ing in writing within the ten (10) day time period shall constitute a waiver of the violator's right to an administrative hear- ing. A waiver of said right shall be deemed an admission of the violation, and penal- ties shall be imposed as set forth on the citation. (Ord. No. 2001-02, § 1, 10-8-01) of penalties, (a) All administrative hearings held pursuant to this article shall be conducted by the code enforcement board in accordance with the require- ments of the Local Government Code Enforce- ment Boards Act. (b) During the administrative hearing, if the violator demonstrates to the code enforcement board that the violation is invalid or that the violation has bPP,n correetpd prior to apnParing before the code enforcement board, the code en- forcement board may dismiss the citation unless the violation is irreparable or irreversible, in which case the code enforcement board may order the violator to pay a civil penalty as set forth in subsection (c) below. (c) During the administrative hearing, if the code enforcement board finds that a violation exists, the code enforcement board may order the violator to pay a civil penalty of not less than the amount set forth on the citation but not more than one thousand dollars ($1,000.00) per day for each violation. In determining the amount of the penalty, the code enforcement board shall con- sider the following facts: (1) The gravity of the violation. (2) Any actions taken by the violation to correct the violation. (3) Any previous violations which were com- mitted by the violator. (d) During the administrative hearing, if the code enforcement board finds that the violator had not contested or paid the civil penalty set forth in the citation within the time required in this article, the code enforcement board shall enter an order ordering the violator to pay the civil penalty set forth on the citation, and a hearing shall not be necessary for the issuance of such order. (e) All civil penalties imposed by the code enforcement board under this article shall con- tinue to accrue until the violator comes into compliance or until a judgement is rendered by a court to collect or foreclose on a lien filed under this article, whichever occurs first, regardless of whether or not the order of the code enforcement board sets forth this accrual requirement. (Ord. No. 2001-02, § 1, 10-8-01) board decisions. Any person aggrieved by a final administrative V111C1 111 tollt7 Wuu C111ViUVIULUM IJUdidu pu1-5uallu LO this article, including the city commission, may appeal the order to the circuit court in accordance with Section 489.127(5)(J), Florida Statutes, as may be smemied or rennml�ered from time to time by the Florida Legislature. (Ord. No. 2001-02, § 1, 10-8-01) A certified copy of an order of the code enforce- ment board imposing a civil penalty under this article may be recorded in the public records and thereafter shall constitute a lien against any real or personal property owned by the violator. Such orders shall be enforced in accordance with Flor- ida law. (Ord. No. 2001-02, § 1, 10-8-01) Sec. 6-281. Notices. All notices required by this article shall be provided to the violator by certified mail, return receipt requested; by hand delivery by a law enforcement officer or code enforcement officer; by leaving the notice at the violator's usual place of residence with some person of his or her family above fifteen (15) years of age and informing such person of the contents of the notice; or by includ- ing a hearing date within the citation. (Ord. No. 2001-02, § 1, 10-8-01) Supp. No. 3 388 [The next page is 433J Chapter 7 FIRE PREVENTION AND PROTECTION* Article I. Fire Department Sec. 7-1. Organization. Sec. 7-2. Creation. Sec. M. Fire chief; authority. Sec. 74. Deputy fire chief; authority. Sec. 7-5. Department division; delegation of responsibility. Secs. 7-6-7-25. Reserved. Article II. In General Sec. 7-26. Regulation of open-air burning. Sec. 7-27. Regulation of explosives. Sec. 7-28. False alarms prohibited. Secs. 7-29-745. Reserved. Article III. Local Amendment to the Florida Fire Prevention Code Sec. 7-46. Procedure for local amendments to the Florida Fire Prevention Code. Secs. 7-47-7-49. Reserved. Sec. 7-50. Appeal. Secs. Ml —7-53. Reserved. Sec. 7-54. Impact fee credits. Secs. 7-55-7-59. Reserved. Sec. 7-60. Automatic fire sprinkler systems. Secs. 7-61-745. Reserved. Article N Fire hydrants Sec. 7-76. Required. Sec. 7-77. Responsibility for provision and maintenance. Sec. 7-78. Hydrant installation specifications. Sec. 7-79. Obstruction of hydrants. Sec. 7-80. Approval and acceptance by the city. Sec. 7-81. On Site static water supplies. *Editor's note —Ord. No. 514, adopted Feb. 24, 1992, provided for the deletion of provisions pertaining to fire prevention and protection, such provisions being §§ 7-1-7-79 as derived from the 1974 Code, §§ 6-1-6-4, 6-21-6-23, 6-30�-39, 6-50-6-53; Ord. No. 410, § I, adopted Feb. 22, 1988; and Ord. No. 442, § I, adopted Nov. 28, 1988. Ord. No. 514 enacted in lieu thereof new provisions pertaining to the same subject matter set forth herein as §§ 7-1-7-5, 7-26-7-28, 746-7-56, 7-76-7-81. Cross references —Code enforcement board to enforce certain ordinances of the city, § 2-56 et seq.; buildings and building regulations, Ch. 6; electrical code adopted, § 6-101 et seq.; land development, Ch. 9; fire public safety impact fee, § 9-396 et seq.; licenses and business regulations, Ch. 10; nuisances, Ch. 13; planning, Ch. 15; signs and advertising, Ch. 16; streets, sidewalks and other public places, Ch. 17; utilities, Ch. 19; zoning, Ch. 20. State law reference —Fire prevention and control, F.S. Ch. 633. Supp. No. 3 433 WINTER SPRINGS CODE (THIS PAGE INTENTIONALLY LEFT BLANK] Supp. No. 3 434 Chapter 8 FLOOD DAMAGE PREVENTION* Article I. In General Sec. 8-1. Definitions. Sec. 8-2. Statement of purpose and objectives. Sec. 8-3. Methods of reducing flood losses. Sec. 84. Lands to which this chapter applies. Sec. 8-5. Basis for establishing areas of special flood hazard. Sec. 8-6. Abrogation and greater restrictions. Sec. 8-7. Interpretation. Sec. 8-8. Warning regarding area of special flood hazard designations. Sec. 8-9. Penalties for noncompliance. Secs. &10—&30. Reserved. Article II. Administration Sec. 8-31. Designation of the floodplain administrator. C. 8-32. Duties and responsibilities of the floodplain administrator. Sec. 8-33. Development permit. Sec. 8-34. Variance procedure. Secs. 8-35-8-50. Reserved. Article III. Standards Sec. 8-51. General standards. Sec. 8-52. Specific standards. Sec. 8-53. Standards for areas of shallow flooding (AO zones). Sec. 8-54. Standards for small streams. Sec. 8-55. Standards for regulatory floodways. *Editor's note —Ord. No. 2001-04, § 1, adopted Jan. 22, 2001, amended and renacted the provisions of former Ch. 8, Arts. I —III. Former § 8-56 was repealed in its entirety which pertained to sand dunes and mangrove stands and derived from the Code of 1974, § 19-19. Cross references —Code enforcement board to enforce certain ordinances of the city, § 2-56 et seq.; buildings and building regulations, Ch. 6; swimming pools, § 6-211 et seq.; fire hydrants requirements, placement and maintenance, § 7-76 et seq.; land development, Ch. 9; planning, Ch. 15; comprehensive plan, § 15-26 et seq.; streets, sidewalks and other public places, Ch. 17; utilities, Ch. 19; zoning, Ch. 20. Supp No. 3 493 WINTER SPRINGS CODE [THIS PAGE INTENTIONALLY LEFT BLANK] Supp No. 3 494 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. 3 557 WINTER SPRINGS CODE Sec. 9-347. Duties. Sec. 9-348. Appeals. Sec. MO. Penalty for violation. Secs. 9-350-9-369. Reserved, Article VII. Uniform 13uilding 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 Division 2. Transportation Facilities Sec. 9-386. Transportation impact fees. Sea 386.1. Short title, ^uthcrity nncl appliCfel ty. Sec. 9-386.2. Intent and purpose. Sec. 9-386.3. Rules of construction. Sec. 9-386.4. Definitions. Sec. 9-386.5. Limitations on issuance of building permits. Sec. 9-386.6. Determination of road impact fees. Sec. 9-386.7. Road impact fee rate schedule. Sec. 9-386.8. Independent impact fee calculation. Sec. 9-386.9. Presumption of maximum impact. Sec. 9-386.10. Impact agreement. Sec. 9-386.11. Credits. Sec. 9-386.12. Vested rights. Sec. 9-386.13. Site -related road improvements. Sec. 9-386.14. Exemptions. Sec. 9-386.15. Establishment of a trust fund. Sec. 9-386.16. Collection of road impact fee assessment. Sec. 9-386.17. Use of funds collected. Sec. 9-386.18. Return of funds. Sec. 9-386.19. Review. Sec. 9-386.20. Penalty. Sec. 9-386.21. Appeals of impact fee determinations. Secs. 9-387-9-390. Reserved, Division 3. Police Public Safety Facilities Sec. 9-391. Police public safety impact fee. Sec. 9-391.1. Levy and purpose. Sec. 9-391.2. Definitions. Sec. 9-391.3. Applicability and exemptions. Sec. 9-391.4. Determination of fee amounts. Sec. 9-391.5. Payment of fees. Sec. 9-391.6. Credits. Sec. 9-391.7. Establishment of a trust fund. Sec. 9-391.8. Capital expansion plans. Supp. No. 3 rj58 LAND DEVELOPMENT co 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. Fire Public Safety Facilities Sec. 9-396. Fire public safety facilities impact fee. Sec. 9-396.1. Levy and purpose. Sec. 9-396.2. Definitions. Sec. 9-396.3. Applicability and exemptions. Sec. 9-396.4. Determination of fee amounts. Sec. 9-396.5. Payment of fees. Sec. 9-396.6. Credits. Sec. 9-396.7. Establishment of a trust fund. Sec. 9-396.8. Capital expansion plans. Sec. 9-396.9. Refunds. Sec. 9-396.10. Vested rights. Sec. 9-396.11. Penalty for violation. Sec. 9-396.12. Appeal. Secs. 9-397-9400. Reserved. Article 1X. Vested Rights Sec. 9401. Intent. Sec. 9402. Vested rights application process. Sec. 9-403. Standards for determining vested rights. Sec. 9404. Limitations on determination of vested rights. Secs.9404-9-499. Reserved. Article X. concurrency Administration and Evaluation Procedure Division 1. Overview and Exemptions Sec. 9-500. Purpose of concurrency evaluation. Sec. 9-501. Definitions. Sec. 9-502. Application submittal. Sec. 9-503. Reserved. Sec. 9-504 Change of use. Sec. 9-505. Demolitions. Secs. 9-506-9-509. Reserved. Division 2. Level of Service Standards (LOS) Sec. 9-510. Introduction. Sec. 9-511. Potable water LOS (Reserved). Sec. 9-512. Solid waste LOS (Reserved). Sec. 9-513. Wastewater LOS (Reserved). Sec. 9-514. Parks and recreation LOS. Sec. 9-515. Storm water LOS (Reserved). Sec. 9-516. Transportation LOS (Reserved). Secs. 9-517-9-529. Reserved, Division 3, concurrency Administration Sec. 9-530. Development review committee. Sec. 9-531. concurrency review. Sec. 9-532. Conditional approvals. Supp. No. 3 559 WINTER SPRINGS CODE Sec. 9-533. Concurrency certificate. Secs. 5-534-5-539. Reserved. Division 4. Appeal Procedures Sec. 9-540. Notice of appeal. Sec. 9-541. Appeal notice and hearing. Sec. 9-542. Appeal of city commission. Supp. No. 3 560 LAND DEVELOPMENT also be designated by the Seminole County Plan- ning and Development Department. See subsec- tion M98, method for naming streets. (Code 1974, § 14-94; Ord. No. 200143, § 1, 7-23- 01) Supp. No. 3 574.1 9-156 WINTER SPRINGS CODE [THIS PAGE INTENTIONALLY LEFT BLANK] Supp. No. 3 574.2 11910myj Likyj in " ROD MM DIVISION 5. UTILITIES* Sec. 9-261. Requirements for water and sewer systems. (a) Where the approved final engineering for a subdivision, wherein the rights -of -way are dedi- cated to the public, requires the installation of a *Cross reference —Utilities, Ch. 19. Supp. No. 3 �84.1 § 9-261 § 9-261 WINTER SPRINGS CODE [THIS PAGE INTENTIONALLY LEFT BLANK] Supp. No. 3 584.2 LAND DEVELOPMENT § 9-281 that nothing herein shall be construed to street, alley or way, the parcels would limit or curtail the existing authorities have a common boundary line in whole or and powers of the board of adjustment, in part. and this provision shall be deemed cumu- (Ord. No. 44, § 44.73, 1-8-68) lative, and in addition to such existing powers and authorities. Sec. 9-279. Off-street parking of commer- cial vehicles. (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-1A or R-lAA 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, R4A or R4AA single- family dwelling district, or the separation of a commercial district from an R-1, R4A, and R-1AA 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 Supp. No. 3 591 Except for the temporary parking of vehicles conducting business on the premises or engaged 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. DTJMPSTERS. 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 WINTER SPRINGS CODE 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 greater. The wall shall be designed to permit adequate and reasonable truck pick-up by the solid waste hauler. (8) Dumpsters located within an enclosed building are exempt from this section. (Ord. No. 2002-13, § 1, 543-02) Secs. 9-282-9-295. Reserved. Sec. 9-296. Typical street sections. (2) The front of the dumpster shall be screened The following drawings illustrate typical cross by an opaque gate which shall remain sections of streets constructed under the provi- closed at all times, except for trash dis- sions of this chapter: 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 3t^l ! >f tJJC a. (5) Restaurants or other commercial busi- nesses that discard significant amounts of food or other materials that decay, pro- duce offensive odors or liquids, and/or attract infectious diseases shall be re- 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. All dumpsters existing on the effective date of this division shall comply with the minimum requirements set forth herein by October 1, 2003. Supp. No. 0 592 LAND DEVELOPMENT a tl q N C FM r+ O N 4� � H U ql 2 P'1 a H NJ UOU G U N a +o a I � O V VI w N 4 C i a z' n '^ u t' y ua a � x w a z rl Cross Sections of Streets Illustration Supp. No. 3 592.1 § 9-296 WINTER SPRINGS CODE [THIS PAGE INTENTIONALLY LEFT BLANK] Supp. No. 3 592.2 Chapter 11 Sec. 11-1. State misdemeanors adopted; penalty. Sec. 11-2. Assessment and collection of court costs; use. Sec. 11-3. T4espass. Sec. 11-4. Injuring city -owned shade trees. Sec. 11-5. Discharging or brandishing firearms. Sec. 11-6. Restricted hours of building construction or installation or con- struction of subdivision improvements. *Cross reference�eneral penalty, § 1-15. Supp. No. 3 761 WINTER SPRINGS CODE [THIS PAGE INTENTIONALLY LEFT BLANK] Supp. No. 3 762 Chapter 12 Article I. In General Sec. 12-1. Definitions. Sec. 12-2. Adoption of state law. Secs. 12-3-12-25. Reserved. Article II. Administration Sec. 12-26. Duties of the police department to regulate motor vehicles and traffic. Sec. 12-27. Duties and powers of chief of police relative to operation and parking of vehicles. Sec. 12-28. Powers and duties of traffic violation bureau. Sec. 12-29. Issuance of citations. Sec. 12-30. Fines for violations. Sec. 12=31. Failure to obey citation. Sec. 12-32. Alteration or destruction of citation. Sec. 12-33. Referral of parking violations to hearing officer. Secs. 12-34-12-50. Reserved. Article III. Regulations Division 1. Generally Sec. 12-51. General. Sec. 12-52. Vehicular speed limits. Sec. 12-53. Abandonment of motor vehicles prohibited. Sec. 12-54. Impoundment and redemption of illegally parked or abandoned vehicles. Secs. 12-55-12-64. Reserved, Division 2. Stopping, Standing, Parking Sec. 12-65. General prohibitions. Sec. 12-66. Cleaning, repairing vehicles on roadway. Sec. 12-67. Obedience to signs, markings. Sec. 12-68. Use of bus, taxi stands. Sec. 12-69. Loading/unloading zones. Sec. 12-70. Mobile homes to be parked in mobile home parks; exception. *Cross references —Procedure for disposition of abandoned property, § 2-1; arboreal standards of the City of Winter Springs, Ch. 5; limitations on obstruction of clear vision when adjacent to street, intersection, etc., § 6-191 et seq.; obstruction of fire hydrants prohibited, § 7-4; fire hydrant requirements, placement and maintenance, § 7-76 et seq.; off-street parking and loading requirements, § 9.276 et seq.; transportation facilities impact fee, § 9-386 et seq.; comprehensive plan, § 15-26 et seq.; signs and advertising, Ch. 16; streets, sidewalks and other public places, Ch. 17. State law reference —Uniform traffic control law, F.S. ch. 316. Supp. No. 3 815 WINTER SPRINGS CODE [THIS PAGE INTENTIONALLY LEFT BLANK] Supp. No. 3 816 MOTOR VEHICLES AND TRAFFIC such vehicle is within a completely enclosed build- ing, or is on the premises of an automotive repair or storage business for which the owner of the business has a current city occupational license and zoning approval. However, a disabled vehicle may not remain on the premises of an auto repair business or storage business in excess of one hundred eighty (180) days. Avehicle covered with a car cover does not constitute enclosure or stor- age of disabled vehicle. (b) Evidence. A vehicle will be in violation of this section if it is in a state of evident disuse, neglect or abandonment. Evidence may include, but not limited to, factors such as: at the same location for forty-eight (48) consecutive hours, vehicle being wrecked, and/or inoperative as evi- denced by vegetation underneath as high as the vehicle body or frame, refuse or debris collected underneath or the vehicle being used solely for storage purposes, if it is partially dismantled, having no engine, transmission, or other major and visible parts, having major and visible parts which are dismantled, having no valid license tag, or being in any physical state rendering it inop- erable or unsightly to the neighborhood. (c) Interpretation of this requirement. Nothing in this part shall be construed as permitting the disassembling, the tearing down or scrapping of a vehicle or to permit one vehicle to be scavenged or stripped for parts for use on another vehicle. (d) Responsibility for compliance. The owner, agent and/or tenant of the property on which the violation occurs and the owner of the disabled vehicle shall be jointly and individually responsi- ble for compliance with the requirements of this section. (e) Enforcement. When a disabled or aban- doned vehicle is found to be in violation of this section: (1) The code inspector shall place a written notice on the vehicle's window indicating that it is in violation of this section and that it must be removed within ten (10) calendar days or it will be subject to removal by the city. The code inspector shall make every reasonable attempt to ascertain the owner of the vehicle and the owner of the property, and shall notify Supp. Mn 3 001 § 12-5a no wners) with a written notice deliv- ered by personal service or mail at their current address, last known address or the address appearing on the certificate of title for the vehicle. Such notice on a vehicle window shall not be less than eight (8) inches by ten (10) inches and shall be fluorescent orange in color, suffi- ciently weatherproofed to withstand nor- mal exposure to the elements. (2) Within the ten (10) calendar day period specified in the notice, the owner of the vehicle or the owner of the property or an authorized agent may appeal to the direc- tor of code enforcement or his/her desig- nee. The director of code enforcement or his/her designee shall determine the va- lidity of the violation and may for good cause extend the time for compliance or removal. If such an appeal is made, no removal shall be required until after said appeal has been finally determined. (3) The property or vehicle owners) may ap- peal the director's or his/her designee's final decision to the code enforcement board for a determination as to whether the property is subject to removal. (4) If no appeal is made and the disabled vehicle remains in violation after the ten (10) calendar day period, the director or his/her designee shall cause such vehicle to be removed to a storage facility ap- proved by the city commission and there- after disposed of in accordance with appli- cable state law or city ordinance. (5) The authorization in this section for tow- ing of abandoned and disabled vehicles shall not be construed so as to negate the authority of the code enforcement board to hear and adjudicate appropriate cases. (f) Vehicle on public property.. Not withstand- ing any of the foregoing, all vehicles which are located on public property shall be towed and disposed of in accordance with notice and sale requirements of Florida Statute 705, as revised in the 1987 legislative session. To the extent that WINTER SPRINGS CODE this section 12-53 conflicts with any portion of Florida Statute 705, the latter shall control as to any vehicles located on public property. (Code 1974, § 11-20; Ord. No. 632, § I, 11-25-96) Cross reference —Procedure for disposing of abandoned property, § ME iflegaHy parked or abandoned vem Members of the police department shall be vested with the authority and it shall be their duty to impound any unoccupied vehicle parked in violation of any of the parking regulations of the city where such vehicle impedes traffic, cre- ates a traffic hazard, obstructs access to the city's utility facilities, including but not limited to, aifility line.q lift ctationP fire l ydranto, and wn+nr meters, or appears to be abandoned. Thereafter, such vehicle shall be released to the duly identi- fied owner thereof only upon the payment of any fine and the storage, towing, and other impound- ing charge(s). Tile police department shall exer- cise due diligence to identify and notify the owner. (Code 1974, § 11-21; Ord. No. 2002-22, § 2, 7-22- 02) Secs. 12-55-12-64. Reserved. DIVISION 2. STOPPING, STANDING, PARKING* Sec. 12-65. General prohibitions. Except when necessary to avoid conflict with other traffic or to comply with law or the direc- tions of a police officer or official traffic control device, no person shall: (1) Stop, stand, or park a vehicle: a. On any roadway; b. On a sidewalk; c. Within an intersection; d. On a crosswalk or within ten (10) feet of a crosswalk, *Cross referencewwwsStreeta, sidewalks and other public places, Ch. 17. Supp. No. 3 822 e. Between a safety zone and the adja- cent curb or within thirty (30) feet of points on the curb immediately op- posite the end of the safety zone; f. Alongside or opposite any street ex- cavation or obstruction; g. Upon any bridge or other elevated structure; h. Upon a highway or within a highway tunnel; i. On any railroad tracks; j. At any place where official signs prohibit stopping; (2) Stand or park a vehicle whether occupied or not, except momentarily to pick up or discharge a passenger or passengers: a. In front of a public or private drive- way; b. Within fifteen (15) feet of a fire hy- drnnt; c. Within twenty (20) feet of a cross- walk at an intersection; d. Within thirty (30) feet upon the ap- proach to any flashing signal, stop sign, or traffic control signal located at the side of a roadway; e. Within twenty (20) feet of the drive- way entrance to any fire station and on the side of a street opposite the entrance to any fire station within seventy-five (75) feet of such en- trance, when property signposted; £ At any place where official signs prohibit standing; g. Within three (3) feet of a city utility meter. (3) Park a vehicle, whether occupied or not, except temporarily for the purpose of, and while actually engaged in, loading or un- loading merchandise or passengers: a. Within fifty (50) feet of the nearest rail of a railroad crossing, unless the department of transportation estab- lishes a different distance due to unusual circumstances; MOTOR VEHICLES AND TRAFFIC b. At any place where official signs prohibit parking; (4) No person shall move a vehicle not owned by such person into any prohibited area. (Ord. No. 2002-22, § 2, 7-8-02) State law reference —Similar provisions, F.S. § 315, 1956. Sec. 12-66. Cleaning, repairing vehicles on roadway. No person shall stand or park a vehicle upon a roadway for the purpose of displaying it for sale or washing, greasing, or repairing such vehicle ex- cept repairs necessitated by an emergency. (Code 1974, § 1148(2)) Sec. 12-67. Obedience to signs, markings. On such streets, highways, or other locations where parking spaces are officially indicated by signs or markings, parking shall be allowed only within such spaces and then only for the times officially indicated by such authorized signs. It shall be unlawful for any person to park a vehicle in any parking space designated by painted lines, unless such vehicle is parked wholly within the marked lines. (Code 1974, § 11-18(3)) Sec. 12-68. Use of bus, taxi stands. No person shall stop, stand or park a vehicle other than a bus in a bus stop or other than a taxicab in a taxicab stand, when any such stop or stand has been officially designated and appropri- ately marked; except, that the driver of a passen- ger vehicle may temporarily stop therein for the purpose of and while actually engaged in loading or unloading passengers when such stopping does not interfere with any bus or taxicab waiting to enter or about to enter such zone. (Code 1974, § 1148(4)) Sec. 12-69. Loading/unloading zones. The chief of police is authorized to designate and to mark loading/unloading zones on the sev- eral streets of the city, and no person shall stop, stand or park a vehicle for any purpose or length of time other than for the expeditious unloading and delivery or pickup and loading of materials in any place marked as a loading zone during hours when the provisions applicable to loading zones are in effect. In no case shall the stop for loading and unloading of materials exceed time indicated on sign(s). (Code 1974, § 11-18(5)) Sec. 12-70. Mobile homes to be parked in mobile home parks; exception. Any person occupying a mobile home for living quarters in the city shall park such mobile home in a regularly licensed mobile home park or in an area appropriately zoned for mobile homes; pro- vided that mobile homes may be parked else- where for a period of not longer than three (3) weeks upon the owner or party desiring to occupy the same obtaining a permit therefor from the city commission. (Code 1974, § 104) [The next page is 873] Supp. No. 3 823 Sec. Sec. Sec. Sec. Secs. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Secs. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Chapter 13 NUISANCES* Article I. In General 13-1. General prohibition. 13-1.5. Definitions. 13-2. Prohibitions, 13-3. Duty of owners of buildings to keep surrounding property clean; notice; failure to comply with notice. 13-5-13-25. Reserved. Article II. Noise 13-26. Prohibited generally. 13-27. Disorderly conduct. 13-28. School, church, hospital zones. 13-29. Peddlers, hawkers, vendors. 13-30. Drums, loudspeakers, etc. 13 13 13 -31. Mechanical loudspeakers, amplifiers. -32. Gongs, sirens on vehicles. -33. Playing radios, phonographs, etc. 13-34. Animals, birds. 13-35-13-50. Reserved. Article III. Fire and Security Alarms itions, *Cross references —Administration, Ch. 2; procedure for disposition of abandoned property, § 2-1; code enforcement board to enforce certain ordinances of the city, § 2-56 et seq.; nuisances regarding swimming pools, § 6-222; distribution of handbills, periodicals, § 16-26 et seq. Supp. No. 3 873 WINTER SPRINGS CODE [THIS PAGE INTENTIONALLY LEFT BLANK] Supp. No. 3 g'74 NUISANCES ARTICLE I. IN GENERAL Sec. 13-1. General prohibition. Nothing may be done on any lot which may become an annoyance or nuisance to the neigh- borhood. No refuse pile, unsightly objects, or dead, damaged or diseased trees, that may pose a health, welfare and safety threat in the discretion of the city forester or code enforcement manager, shall be allowed to be placed or suffered to remain thereon. In the event the owner shall fail or refuse to keep premises free of refuse piles, unsightly objects or growths, or dead, damaged or diseased trees, then the city, upon reasonable notice to the land owner, may enter upon such land and re- move the same, or contract with a third party for the removal of the same, at the expense of the owner and such entry shall not be deemed a trespass. (Ord. No. 44, § 44.76, 1-8-68; Ord. No. 2002-09, § 21 3-25-02) Sec. 13-1.5 Definitions. For purposes of this chapter, the following terms, phrases, words and their derivations shall have the meanings given. Where not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural num- ber. The words "shall" and "will" are mandatory, and "may" is permissive. Words not otherwise defined shall be construed to mean the common and ordinary meaning. City shall mean the City of Winter Springs, a Florida municipal corporation. Lot shall have the same meaning provided with Chapter 20 of the City Code of Ordinances. Neighborhood shall mean any area of the city where people live in close proximity of one an- other, but shall not require a defined geographic area. Parcel shall mean a contiguous quantity of land in the possession of, owned by, or recorded as property of an individual or legal entity. Supp. No. 3 875 Tract shall mean a Lou, piece, or parcel of land, the term not importing upon itself, any precise dimension. Tree shall mean woody perennial plant having a single usually elongate main stem generally with few or no branches on its lower part. (Ord. No. 2002-09, § 2, 3-25-02) Sec. 13-2. Prohibitions. (a) It shall be unlawful for any person to place or throw, or cause to be placed or thrown, any paper, bottles or pieces thereof, tin cans, garbage, glassware, refuse, debris or any other offensive, unwholesome or unsightly matter whatever in or on any street, road, sidewalk, alley, playground, vacant property or any other public grounds, or in or on the bank of any canal, stream, lake, water- course or pool within the city. (b) It shall be unlawful for any person to cause or permit junk, scrap metal, scrap lumber, waste- paper products, discarded building materials, or any unused abandoned vehicle, or abandoned parts, machinery or machinery parts, garbage, trash or other waste materials to be in or upon any yard, garden, lawn, outbuildings or premises owned, rented, leased or otherwise occupied by him/her in the city unless in connection with a business enterprise lawfully situated and li- censed for the same. (c) The existence of excessive accumulation or untended growth of weeds, undergrowth or other dead, or living plant life; or stagnant water, rubbish, garbage, refuse, debris, trash, including but not limited to household furnishings, and all other objectionable, unsightly or unsanitary mat- ter upon any lot, tract or parcel of land within this city be it uncovered or under open shelter, to the extent and in the manner that such lot, tract or parcel of land is or may reasonably become in- fested or inhabited by rodents, vermin or wild animals, or may furnish a breeding place for mosquitoes, or threatens or endangers the public health, safety, or welfare, or may reasonably cause disease, or adversely affects and impairs the economic welfare of adjacent property, or any other objectionable, unsightly substance or mate- rial tending by its existence and/or accumulation to endanger or adversely affect of health, safety, § 10-z WINTER SPRINGS CODE lives, and/or welfare of the citizens of the city, is hereby prohibited and declared to be a public nuisance and unlawful. (d) It shall be unlawful to allow any dead, damaged or diseased tree to remain upon private or public property within the city, when the same constitutes a hazard to the health, welfare, safety, and property of the citizens of and visitors to the city. It shall be further unlawful for property owners to not keep tree limbs and shrubs over- hanging public rights -of -way trimmed or pruned so to not interfere with any streetlight or obstruct the view of any street intersection thereby creat- ing a hazard to vehicular or pedestrian traffic. (e) It shall be the duty of the owner of each lot, tract, or parcel of land within the city to reason- ably regulate and effectively control excessive growths and accumulations, as enumerated in subsection (c), and/or dead, damaged or diseased trees as enumerated in subsection (d), on the property and on the portion of the adjoining public right-o=way between the property and the street. It shall also be the duty of the owner to drain, regrade or fill any lot, tract or parcel, including swimming pools thereon, which shall be unwhole- some or unsanitary, have stagnant foul water thereon, or be in such other condition as to be susceptible to producing disease or danger to the citizens of the city. (f) If the code enforcement manager or his/her designee finds and determines that the conditions as described and declared in subsections (c), (d), and (e) hereof exists, and that such conditions constitute a public nuisance, he/she shall so notify the record owner of the offending property and demand that such owner cause the condition to be remedied. The notice shall be given by both phys- ical posting on the property in the name of the property owner(s) and by personal delivery or certified mail to the owner or owner(s) as their names and addresses are shown upon the record of the Seminole County tax assessor. Notice shall be deemed complete and sufficient when so phys- ically posted and personally delivered or mailed. The notice required by subsection (f) shall be no less than eleven (11) inches by seventeen (17) Supp. No. 0 876 inches and shall be of a bright color, attached to a wooden stake, and placed in front of the property visible from the roadway, and contain the follow- ing: (1) Names(s) and addresses) of the owners) of the property, according to public records of Seminole County, Florida. (2) Location of the property on which the violation exists. (3) A statement by the code inspector that the property has been inspected pursuant to section 1M and that a violation of sub- sections (c), (d), and (e) has been deter- mined to exist on the property, which violation constitutes a public nuisance. (4) A description of the condition which causes the property to be in violation. (5) A requirement that the record owner of the property remedy the violation within fifteen (15) days from the date of the notice, failing which the city may remedy the condition and assess against the record owner the cost thereof plus an adminis- trative charge. (6) A statement that, if the costs and admin- istrative charge are not paid within teen (15) days of invoice date, a lien will be placed on the property which is enforce- able by foreclosure on the property. (7) A schedule of the charges which may be assessed against the record owner if the city has to remedy the violation. (8) An estimate of the total cost, based on the schedule of charges, if the violation is remedied by the city. Such estimate is not to be interpreted or construed as the final cost which may be assessed, but only as a good faith approximation of such cost. The final assessable cost may be greater or lesser than the estimate. (9) A statement that the record owner of the property has a right to appeal the deter- mination, of the existence of a public nuisance, by the code enforcement man- ager and may, within fifteen (15) days from the date of the notice, submit a NUISANCES written appeal, to the code enforcement manager, which must contain the location of the violative property all reasons, evi- dence and argument that the cited condi- tion(s) do(es) not constitute a a public nuisance and therefore a violation of this section. (10) If an appeal is submitted, as provided above, the city shall take no action to remedy the public nuisance, as deter- mined by the code enforcement manager, until an order is rendered by the city commission. (g) Appeal by property owner. If a property owner submits a written appeal, as provided in subsection (f) above, a public hearing shall be scheduled at the next regular meeting of the city commission. At the hearing, before the city com- mission, the property owner, the code enforce- ment manager or the manager's designee, and any interested party may submit evidence in support of or in opposition to the manager's determination of the existence of a public nui- sance upon the property. Following the presenta- tion of evidence the city commission shall issue an order either: (1) finding the existence of a public nuisances as determined by the code enforcement manager and ordering the property owner to remedy the violation within a reasonable period of time, not to exceed thirty (30) days, or the city may remedy the violation as provided in subsec- tion (f); or (2) finding the public nuisance does not exist and dismiss the case against the property owner. (h) Removal by city. If after fifteen (15) days from the date of the notice no written appeal has been filed or within the time required by the city commission, whichever first occurs, and the con- dition described in the notice has not been reme- died, the manager or the manager's designee shall cause the condition to be remedied by the city at the expense of the property owner. In cases involving major public nuisance condi- tions requiring immediate, direct action to abate hazards imminently dangerous to the health, welfare or safety of the public, the city may, upon the code enforcement manager's authorization, cause the conditions to be immediately remedied Supp. No. 3 877 by city -authorized lot cleaning or tree removal. Notice of said lot cleaning shall be given within five (5) days after the lot cleaning or tree removal and according to the procedures detailed in sub- section (f) above, except that the notice shall additionally explain that the property contained hazards requiring immediate remedy, that the property has already been cleaned, and that the property owner has fifteen (15) days from the date of the notice to apply to city commission to show why costs of cleaning should not be assessed against the property owner's property. (i) After causing the condition to be remedied, the director of code enforcement shall certify to the city manager the expense incurred in reme- dying the condition whereupon such expense, plus a charge to cover city administrative ex- pense, plus any administrative penalty as pro- vided in subsection 0), shall be provided to the property owner by certified mail return receipt requested and shall become payable within fif- teen (15) days, after which a special assessment lien and charge will be made upon the property, which shall be payable with interest at the stat- utory rate provided for in Section 55.03, Florida Statutes per annum from the date of such certifi- cation until paid. (1) Such lien shall be enforceable in the same manner as a tax lien in favor of the City of Winter Springs and may be satisfied at any time by payment thereof including accrued interest. Notice of such lien may be filed in the office of the clerk of the circuit court and recorded among the pub- lic records of Seminole County, Florida. (2) If the subject property is secured by locks or otherwise, the city shall have the au- thority to enter said property for purposes of remedying the violative condition, and any additional costs incurred by the city in gaining access to the property or in resecurmg the property after cleaning shall be considered expenses of remedying the condition. (j) In addition to the actual cost of remedying the violation cited under subsections (c), (d), and (e), the city may also assess a charge to cover administrative expenses incurred in securing and § 13-z WINTER SPRINGS CODE monitoring the services of a private contractor to remedy the violation. Said administrative charge shall be reviewed and approved by city commis- sion at least on an annual basis. (1) If a second violation of subsections (c), (d), or (e) occurs upon the same property and property owner within twelve (12) months from the date of the first violation, an administrative penalty of one hundred dollars ($100.00) shall additionally be as- sessed five (5) days after the second vio- lation. If the condition is abated by the owner during that five (5) day period, the administrative penalty will not be as- sessed. If a third violation of subsections (c), (d), or (e) occurs upon the same prop- erty and property owner within twelve \YLI� taa.7 11 V14 UAAl LLUUV UL 01A111 uU violation, an administrative penalty of two hundred dollars ($200.00) shall addi- tionally be assessed five (5) days after the third violation. If the condition is abated by the owner during that five (5) day period, the administrative penalty will not be assessed. Subsequent violations cited against the same property and prop- erty owner shall be referred to the city's attorney for appropriate legal action in- cluding, but not limited to, injunctive re- lief, in addition to enforcement as pro- vided by this chapter. (Code 1974, § 7-1; Ord. No. 464, § 1, 2-12-90; Ord. No. 632, § I, 11-25-96; Ord. No. 2002-09, § 2, 3-25-02) Sec. 13-3. Duty of owners of buildings to keep surrounding property clean; notice; failure to comply with no- tice. (a) All land within athree-hundred-foot radius of any dwelling or other building within the city shall be kept in a clean and trim condition by the owner of the property. (b) If the owner of any property fails to comply with the conditions of this section, he shall be notified by the city of the violation and be allowed fifteen (15) days to comply. Supp. No. 0 g'jg (c) If, after the fifteen -day period provided for in subsection (b), the owner has not cleaned the property in accordance with this section, the city shall have the right and authority to enter upon the property in question, clear the land according to the requirements of this section and charge the owner for the cost thereof. (Code 1974, § 7-2) hazards.nonwimminent In cases involving nuisance or hazardous con- ditions which require direct governmental action to abate a serious and continuing danger to the public or occupants, including attractive nuisance cases, and where the property owner or tenant faiIs to heed the notices and enforcement efforts made by the city pursuant to Cbaoter 1-2. Article I, but where the emergency nature of the dangers to the public is not so extreme as to warrant dispensing without notice to the property own- er(s), then the city enforcement officials shall proceed to: (1) Give notice, which may be combined with notice from the code enforcement board statement of violation and notice of hear- ing, which informs the property owner that an order will be sought from the code enforcement board for city work or con- tracted work to repair or secure the prop- erty. The notice will prominently inform the property owner that failure to repair the property or follow the code enforce- ment board's orders may result in city work which shall be charged as a lien against the property. The notice will de- scribe the conditions found by the enforce- ment officer to constitute a hazard or nuisance. The notice will generally inform the property owner of the work or repairs to be done which will correct the nuisance or hazardous condition(s). (2) If the owner still fails to cure the condi- tions) by the time set for code enforce- ment board hearing pursuant to the above - detailed notice, then the enforcement officer shall submit proof at the code enforce- ment board hearing concerning the de- gree of danger of the condition(s) to the NUISANCES public and the property owner's inability or unwillingness to cure such dangers, thus necessitating public action to repair or secure property. The code enforcement board may render its order requiring the city to perform such work as is necessary to secure the property or to render it safe. (3) The enforcement officer shall take such action as has been authorized by the code enforcement board to secure the property or render it safe, including the letting of contracts, pursuant to city purchasing re- quirements, to repair or remove danger- ous conditions and items. The costs and expenses of such work shall be a lien upon the property, which lien may be enforced by suit at law or upon proceeding in chancery. (4) Liens for such city contracted work shall be co -equal with all state, county and municipal taxes and shall be superior in dignity to all other liens, titles and claims until paid. (5) Nothing in this section shall be construed to require city work to be one or to imply a duty by the city to fix conditions which are the legal responsibility of the owner(s) of the property. This section is supplemen- tary to city and code board authority to order the property owner to remedy nui- sance conditions. (Ord. No. 632, § I, 11-25-96) Secs. 13-5-13-25. Reserved. ARTICLE II. NOISE Sec. 13-26. Prohibited generally. It shall be unlawful for any person to make, create, or maintain any unreasonably loud, turbing, and unnecessary noise within the city. Noise of such character, intensity, or duration as to be detrimental to the life, health, comfort, or repose of any individual is prohibited. (Code 1974, § 9-14(a)) Supp. No. 0 878,1 Sec. 13-27. Disorderly conduct. Any person endangering or disturbing the pub- lic peace or violating public decency by using any abusive, obscene, or profane language, or making any threats of violence to or against any other person, or by being noisy and disorderly in or upon any street or other public place in distur- bance of the public tranquility shall, upon convic- tion, be punished as provided in section 1-15. (Code 1974, § 9-14-(b)(1)) Sec. 13-28. School, church, hospital zones. It shall be unlawful for any person to make, create, or maintain any excessive noise on any § l&28 WINTER SPRINGS CODE [THIS PAGE INTENTIONALLY LEFT BLANK] Supp. No. 3 $78 2 Chapter 14 Article I. In General Sec. 14-1. Policy, rules and regulations. Secs. 14-2-14-25. Reserved. Article II. Old Age and Survivors Insurance Sec. 14-26. Extension of benefits. Sec. 14-27. Execution of agreements. Sec. 14-28. Contributions. Sec. 14-29. Records. Sec. 14-30. Adoption of Title II, Social Security Act. Sec. 14-31. Custody of funds. Secs. 14-32-14-50. Reserved. Article III. Pension Plan Sec. 14-51. Adopted. C. 14-52. Board of trustees. *Cross reference —Administration, Ch. 2. Supp. No. 3 931 WINTER SPRINGS CODE [THIS PAGE INTENTIONALLY LEFT BLANK] Supp. No. 3 932 PERSONNEL ARTICLE I. IN GENERAL Sec. 14-1. Policy, rules and regulations. The personnel policy of the city shall be ap- proved and ratified by resolution of the city com- mission which shall include a system for the recruiting, selecting, developing and maintaining an effective and responsive workforce, and shall include policies and procedures for employee hir- ing and advancement, training and career devel- opment, job classification, salary administration, retirement, fringe benefits, discipline, discharge and other related activities which is on file in the city clerk's office. The city manager shall from time to time amend and update the personnel policy. (Code 1974, § 174) Secs. 14-2-14-25. Reserved. ARTICLE II. OLD AGE AND SURVIVORS INSURANCE* Sec. 14-26. Extension of benefits. (a) Intent. It is hereby declared to be the policy and purpose of the city to extend effective as of January 11, 1975, to the employees and officials thereof, not excluded by law, nor excepted herein, the benefits of the system of old age and survivors insurance as authorized by the federal social security act and amendments thereto, and by F.S. ch. 650 and to cover by such plan all services which constitute employment as defined in F.S. § 650.02, employed in the employ of the city by employees and officials thereof, except for ser- vices rendered by elected officials, or services rendered by part-time employees, and for services rendered for which the compensation is on a fee basis. (b) Exceptions. There is hereby excluded from this section any authority to include in any agree- ment entered into under section 14-27, any ser- vice, position, employee or official now covered by or eligible to be covered by an existing retirement system. (Code 1974, § 24(a), (b)) *State law reference —Social Security, F.S. ch. 650. Supp. No. 3 933 Sec. 14-27. Execution of agreements. The mayor is hereby authorized and directed to execute all necessary agreements and amend- ments thereto with the state agency for the pur- pose of extending the benefits provided by the system of old age and survivors insurance to the employees and officials of this city as provided in this article, which agreement shall provide for such methods of administration of the plan by the city as are found by the state agency to be necessary and proper, and shall be effective with respect to services in employment covered by such agreement performed on and after the eleventh day of January, A.D., 1975. (Code 1974, § 24(c)) Sec. 14-28. Contributions. (a) Withholdings. Withholdings from salaries, wages or other compensation of employees and officials for the purpose provided in section 14- 26(a) are hereby authorized to be made, and shall be made, in the amounts and at such times as may be required by applicable state or federal laws or regulations, and shall be paid over to the state agency designated by such laws or regula- tions to receive such amounts. (b) City contributions. There shall be appropri- ated from available funds, derived from the gen- eral fund of the city such amounts, at such times, as may be required to pay promptly the contribu- tions and assessments required of the city as employer by applicable state or federal laws or regulations, which shall be paid over to the law- fully designated state agency at the times and in the manner provided by law and regulation. (Code 1974, § 24(d), (e)) Sec. 14-29. Records. The city shall keep such records and make such reports as may be required by applicable state or federal laws or regulations governing the provi- sions of this article, and shall adhere to the regulations of the state agency. (Code 1974, § 24(f)) Sec. 14-30. Adoption of Title II, Social Secu- rity Act. The city does hereby adopt the terms, condi- tions, requirements, reservations, benefits, privi- WINTER SPRINGS CODE leges and other conditions thereunto appertain- ing, of Title II of the Social Security Act as amended, for and on behalf of all officers and employees of its departments and agencies to be covered under the agreement. (Code 1974, § 24(g)) The city clerk is hereby designated the custo- dian of all sums withheld from the compensation of officers and employees and of the appropriated funds for the contribution of the city, and the city clerk is hereby made the withholding and report- ing agent and charged with the duty of maintain- ing personnel records for the purposes of this article. (Code 1974, § 24(h)) Secs. 14-32-14-50. Reserved. ARTICLE III. PENSION PLAN See. 14-51. Adopted. (a) The city does hereby elect to provide for its employees a money purchase pension plan and trust, such plan and trust to be known as the "Pension Plan for the Employees of the City of Winter Springs, Florida" (hereafter referred to as "the plan"). The plan shall be administered by a board of trustees as appointed in section 14-52. (b) The city does hereby approve and adopt the plan, a copy of which is on file in the city clerk's office and authorizes the mayor and city manager to execute the plan on behalf of the city. The plan may be amended from time to time by resolution of the city commission. (c) The cost of the plan shall be paid entirely by the city from the general fund. (d) The city shall be bound by the terms and conditions of the plan. (Code 1974, § M(a)—(c), (e)) Sec. 14-52. Board of trustees. (a) There is hereby created and established a board of trustees consisting of five (5) members who shall be appointed by resolution of the city commission. Each commissioner shall have one (1) appointment to the board. Vacancies in the board shall be filled by the city commission mem- ber whose seat number corresponds with the vacant board seat subject to commission ratifica- tion, for the unexpired term of such vacancy. If any commissioner fails to appoint a member within two (2) regularly scheduled commission meetings after a vacancy occurs or a term expires, that seat will be filled by the mayor, subject to the ratifica- tion by the city commission. (b) The board of trustees shall meet no less than quarterly to review the performance of the pension plan and conduct such other business as the board deems appropriate and necessary. (c) The board of trustees shall administer the city's pension plans pursuant to the provisions contained therein as adopted by the city commis- sion. (Code 1974, § M(d); Ord. No. 411, § 1, 3-14-88; Ord. No. 554, § 1, 1-24-94; Ord. No. 2002-28, § 3, _23.02) (The next page is 985] Supp. Mn 3 934 Chapter 15 PLANNING* Article I. In General Secs. 15-1-15-25. Reserved. Sec. 15-26. Sec. 15-27. Sec. 15-28. Sec. 15-29. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. 15-30. 15-31. 15-32. 15-33. 15-34. 15-35. 15-36. 15-37. 15-38. 15-39. 15-40. 15-41. 15-42. Sec. 15-43. Article II. Comprehensive Plan Adopted. Compliance. Adherence to laws. Distribution of copies. Article III. Comprehensive Plan Amendments Authority, purpose and intent. Initiation of amendments. Application deadline. Exemptions. Reserved. Review procedure. Review criteria. Local planning agency review and recommendation. City commission transmittal public hearing. Advertisement of public hearing. Department of Community Affairs comments. Reserved. Transmittal of adopted amendment to the Department of Com- munity Affairs. Effectiveness of the adopted amendment. *Cross references —Code enforcement board to enforce certain ordinances of the city, § 2-56 et seq.; arboreal standards for the City of Winter Springs, Ch. 5; buildings and building regulations, Ch. 6; swimming pools, § 6-211 et seq.; fire prevention and protection, Ch. 7; fire hydrant requirements, placement and maintenance, § 7-76 et seq.; flood damage prevention, Ch. 8; land development, Ch. 9; signs and advertising, Ch. 16; streets, sidewalks and other public places, Ch. 17; utilities, Ch. 19; zoning, Ch. 20. State law reference —Comprehensive planning, F.S. § 163.3171 et seq. Supp. No. 3 985 WINTER SPRINGS CODE [THIS PAGE INTENTIONALLY LEFT BLANK] Supp. No. 3 ggg PLANNING ARTICLE I. Ilv GENERAI. Secs. 15-1-15-256 Reserved. ARTICLE II. COMPREHENSIVE PLAN* Sec. 15-26. Adopted. The Winter Springs Comprehensive Plan which is on file in the city clerk's office and incorporated herein and made a part hereof by reference is hereby adopted as the minimum requirements for land use in the city. (Code 1974, § 18-1) Sec. 15-27. Compliance. No public or private development shall be per- mitted except in conformity with the comprehen- sive plan or elements or portions thereof. (Code 1974, § 18-2) Sec. 15-28. Adherence to laws. The city, in adopting the comprehensive plan, has complied with all the requirements of the county comprehensive planning act and the local government comprehensive planning act includ- ing, but not being limited to, public participation in the development of the plan and dissemination of the plan to other units of local government and the local planning agency of the county. (Code 1974, § 18-3) Sec. 15-29. Distribution of copies. The city clerk is hereby directed to transmit a copy of the comprehensive plan or element or portion thereof to the state land planning agency, appropriate regional agency, county land plan- ning agency and to any other unit of local govern- ment which has filed with the city a request for copies of the adopted comprehensive plan or ele- ments or portions thereof. (Code 1974, § 184) *Cross references —Buildings and building regulations, Ch. 6; flood damage prevention, Ch. 8; land development, Ch. 9; motor vehicles and traffic, Ch. 12; signs and advertising, Ch. 16; streets, sidewalks and other public places, Ch. 17; utilities, Ch. 19; zoning, Ch. 20. Supp. No. 3 98'] Sec. 15-30. Authority, purpose and intent. The city commission of Winter Springs shall have the sole authority to amend or supplement the comprehensive plan in accordance with the mandatory requirements of Sections 163.3184, 163.3187 and 163.3189 Florida Statutes and this article. This article is enacted to establish the procedures for processing amendments to the city's comprehensive plan and to establish a sched- ule whereby applications for amendments to the plan will be accepted. This article is also intended to implement the relevant requirements of Chap- ter 163, Part II, Florida Statutes and Chapter 9J-11, Florida Administrative Code. Said require- ments shall govern in the case of any conflict between the provisions of this article and these chapters cited. (Ord. No. 587, 7-10-95) See. 15-31. Initiation of amendments. Any party may request consideration of an amendment to the comprehensive plan and shall submit the appropriate information to the city manager (or his designee), on an application pro- vided by the city, and pay a fee established by resolution or ordinance by the city commission from time to time. (Ord. No. 587, 740-95) Sec. 15-32. Application deadline. Unless otherwise provided by law, the Compre- hensive Plan of the City of Winter Springs shall be amended only twice per year in accordance with 163.3187(1) as follows: (1) Spring submittal. Major amendments pro- posed to be considered for review and action during the spring of any year shall be submitted to the city manager (or his designee) no later than 5:00 p.m. on the first Wednesday in February. The appli- cation(s) will be reviewed at a meeting of the local planning agency to be held in April or as otherwise practicable. (2) Fall submittal. Major amendments pro- posed to be considered for review and WINTER SPRINGS CODE action during the fall of any year shall be submitted to the city manager (or his designee) no later than 5:00 p.m. on the first Wednesday in August. The applica- tion(s) will be reviewed at a meeting of the local planning agency to be held in Octo- ber or as otherwise practicable. (Ord. No. 587, 7-10-95; Ord. No. 2000-28, § 1, 11-13-02) (a) Emergency. In the case of an emergency, comprehensive plan amendments may be made more often than twice during the calendar year if the additional plan amendment receives the ap- proval of all of the members of the city commis- sion. "Emergency" means any occurrence or threat tnereo whether accidental or natural, caused by man, in war or peace, which resultsor may result in substantial injury or harm to the population or substantial damage to or loss of property or public Hinds. (b) Non -amendments. The following shall not be considered comprehensive plan amendments: Corrections, updates and modification of current costs; revenue sources; acceptance of facilities pursuant to dedications which are consistent with the plan; or the date of construction of any facility enumerated in the capital improvements ele- ment. (c) DRls /FQDs. Any local government compre- hensive plan amendments directly related to a proposed development of regional impact (DRI), including changes which have been determined to be substantial deviations and including Florida Quality Developments (FQD) pursuant to 380.061, F.S. may be made without regard to statutory or local ordinance limits on the frequency of consid- eration of amendments to the comprehensive plan. (d) Small scale amendments. Any local compre- hensive plan amendments directly related to pro- posed small scale development activities may be approved without regard to statutory limits on the frequency of consideration of amendments under the conditions provided by law. (Ord. No. 587, 7-10-95; Ord. No. 2000-28, § 2, 11-13-00) Supp. No. 3 ggg Editor's note —Ord. No. 2000-28, § 2, adopted Nov. 13, 2000, repealed former section 15-34 in its entirety which pertained to small scale comprehensive plan amendments and derived from Ord. No. 587, adopted July 10, 1995. (a) Sufficiency After receipt of the application, the city manager (or his designee) will examine the application for sufficiency, and if necessary, request that the applicant supply additional in- formation which is deemed required by the city manager (or his designee). Each applicant shall be required to provide the necessary data and analysis, as required by 9J-11.007, F.A.C., in support of the proposed amendment. (b) As soon as practical after the ax�z�lica9;ion is determined sufficient, the community develop- ment coordinator shall schedule an application conference to discuss the proposed amendment with the applicant and the appropriate city staff. (c) Staff review board. Once the application is deemed sufficient, and an application conference has been held, the staff review board shall review such application and shall send a staff report with a recommendation to the local planning agency (LPA) to deny, approve, or approve with modifica- tion (text only) the application. Said staff report shall be submitted to the LPA and each applicant no later than ten (10) days prior to the LPA public hearing at which the proposed amendment(s) will be considered. (d) Each amendment application shall be con- sidered separately, but will be analyzed with all other applications submitted in the scheduled time period for their cummulative effects. (Ord. No. 587, 7-10-95) Sec. 15-36. Review criteria. The recommendation of the staff review board shall be based on the following minimum factors, if applicable: (1) Whether the proposed amendment will have a favorable or unfavorable effect on the city's budget, or the economy of the city or the region; PLANNING (2) Whether the proposed amendment will diminish the level of service (LOS) of public facilities; (3) Whether there will be a favorable or un- favorable impact on the environment or the natural or historical resources of the city or the region as a result of the pro- posed amendment; (4) Whether the proposed amendment is con- sistent with the goals, objectives, and policies of the state comprehensive plan set forth in Chapter 187, Florida Statutes, and the East Central Florida Regional Policy Plan, adopted by Rule 29F49.001, Florida Administrative Code; (5) Whether the city is able to provide ade- quate service from public facilities to the affected property, if the amendment is granted, and whether the amendment will promote the costleffective use of or unduly burden public facilities; (6) Whether the amendment is compatible with surrounding neighborhoods and land use; (7) Whether approval of the amendment will cause the comprehensive plan to be inter- nally inconsistent; (8) Whether the proposed amendment will promote or adversely affect the public health, safety, welfare, economic order, or aesthetics of the city or region; and (9) The contents of any Evaluation and Ap- praisal Report (EAR) prepared pursuant to 163.3191, Florida Statutes. (Ord. No. 587, 7-10-95) Sec. 15-37. Local planning agency review and recommendation. Prior to the city, commission's consideration of the application, the local planning agency shall consider the application(s) at a public hearing, along with the staff review board's recommenda- tion, and recommend that the city commission approve, approve with modifications (text only), or deny the application for transmittal to the Department of Community Affairs. At a mini- mum, the local planning agency shall consider the Supp. No. 3 989 § 15-40 same factors considered by the staff review board. The LPA shall hold at least one (1) public hearing prior to making its recommendation to the city commission. (Ord. No. 587, 740-95) Sec. 15-38. City commission transmittal pub- lic hearing. The city commission shall hold a (first) public hearing for the purpose of transmitting the pro- posed comprehensive plan amendment(s) to the Department of Community Affairs and other agen- cies in accordance with 163.3184(3)(a)(b), Florida Statutes. The public hearing shall occur no later than the second commission meeting in June for spring and no later than the second commission hearing in December for fall transmittal. The first public hearing shall be held on a weekday approx- imately seven (7) days after the day that the first advertisement is published. The city commission may accept, reject, or accept with modifications, the LPA recommendation. If the city commission decides to transmit the proposed amendment, then the intention to hold and advertise a second public hearing (at the adoption stage) shall be announced at this (the first) public hearing. (Ord. No. 587, 7-10-95; Ord. No. 2000-28, § 2, 11-13-00) Sec. 15-39. Advertisement of public hear- ing. Public hearings shall be advertised pursuant to Florida Law. (Ord. No. 587, 7-10-95; Ord. No. 2000-28, § 2, 11-13-00) Sec. 15-40. Department of Community Af- fairs comments. The city commission shall hold a (second) pub- lic hearing for the purpose of taking action on the proposed comprehensive plan amendment. The second public hearing shall be held on a weekday approximately five (5) days after the day that the second advertisement is published. (1) In the case of comprehensive plan amend- ments, other than those proposed pursu- ant to an EAR per 163.3191 F.S., the city shall, upon receipt of written comments § 1540 WINTER SPRINGS CODE from the Department of Community Af- fairs, have sixty (60) days to adopt, adopt with changes, or determine that it will not adopt the amendment(s). (2) In the case of comprehensive plan amend- ments proposed pursuant to an EAR. per 163.3191 F.S., the city shall, upon receipt of written comments from the Depart- ment of Community Affairs, have one hundred and twenty (120) days to adopt, or adopt with changes the proposed amend- ments. (Ord. No. 587, 740-95) ment to the Department of Comw r The city shall transmit the adopted comprehen- sive plan amendment to the Department of Com- rmnity Affairs within ten (1.0) working 6sys after adoption. The city shall also transmit a copy of the adopted comprehensive plan amendment to the East Central Florida Regional Planning Coun- cil, and to any other unit of local government or government agency in the state that has filed a written request with the governing body for a copy of the amendment. (Ord. No. 587, 740-95) Sec. 15-43. Effectiveness of the adopted amendment. The ordinance adopting the amendment to the Comprehensive Plan shall become effective as provided by Florida law. (Ord. No. 587, 7-10-95; Ord. No. 2000-28, § 2, 11-13-00) [The next page is 1041] Supp. No. 3 990 Chapter 16 Article I. In General Seca. 16-1-16-25. Reserved. Article II. Distribution of Handbills and Periodicals Sec. 16-26. Findings of fact. Sec. 16-27. Distribution upon residential property prohibited without con- sent of owner. Sec. 16-28. Distribution on or in vehicles and public places prohibited. Sec. 16-29. Aiding and abetting prohibited. Sec. 16-30. Exemptions from article provisions. Sec. 16-31. Granting of variances. Secs. 16-32-16-50. Reserved. Article III. Signs Division 1. Generally Sec. 16-51. Definitions. Sec. 16-52. Purpose and intent. Sec. 16-53. Building permit required. Sec. 16-54. Permit fees. Sec. 16-55. Exemptions from permit requirements. Sec. 16-56. Nonconforming signs. Sec. 16-57. Prohibited signs. Sec. 16-58. Variances. Secs. 16-59-1645. Reserved. Division 2. Standards Sec. 16-76. Generally. Sec. 16-77. Outdoor display/billboards-Off-premises signs. Sec. 16-78. Same -On -premises signs. Sec. 16-79. Reserved. Sec. 16-80. Political signs. Sec. 16-81. Construction signs. Sec. 16-82. Real estate signs. Sec. 16-83. Garage sale signs. Sec. 16-84. Directional signs. Sec. 16-85. Bench signs. Sec. 16-86. Identification signs. Sec. 16-87. Banners. Sec. 16-88. Weather. *Cross references -Code enforcement board to enforce certain ordinances of the city, § 2-56 et seq.; arboreal standards of the City of Winter Springs, Ch. 5; buildings and building regulations, Ch. 6; fire prevention and protection, Ch. 7; land development, Ch. 9; licenses and business regulations, Ch. 10; sign standards for adult entertainment establishments, § 10-91 et seq.; planning, Ch. 15; comprehensive plan, § 15-26 et seq.; zoning, Ch. 20. Supp. No. 3 1041 WINTER SPRINGS CODE [THIS PAGE INTENTIONALLY LEFT BLANK] Supp. No. 3 1042 SIGNS AND ADVERTISING ARTICLE III. SIGNS* DIVISION 1. GENERALLY Sec. 16-51. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Balloon display is any balloon anchored on private property for the purpose of advertise- ment. Banner is any strip of cloth, plastic or other flexible material on which a sign is printed, painted, or otherwise displayed. Bench sign is any sign which displays advertis- ing or which is intended for the display of adver- tising and when such benches are to be located on the public way or when such benches are to be located on private property but the advertising is intended to be viewed from the public way. Bus stop shelter sign is any sign located on any part of the surface of a bus stop shelter. 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. Supp. No. 3 1045 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 this division. Obscene sign is any sign which is obscene, indecent, or immoral, according to this Code. Outdoor advertising display l billboard on - premises 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. § 16-51 WINTER SPRINGS CODE Right -of --way is that area adjacent to state, county, and city roads designated as being perma- nent public easements. Service 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. Snipe 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 rnar3 rirrlet-of-�xrav Spot or searchlight is any apparatus designed to project a beam of light for the purpose of advertisement during hours 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) Cross reference —Definitions and rules of construction generally, § 1-2. See. 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) Supp. No. 3 1046 Sec. 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. i iicLuii, cC &%leuui+2 Siiuii ue Cbi,aui5uet uy resolution of the city commission. (Code 1974, § 5419) ments. (a) The following signs may be 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. SIGNS AND ADVERTISING § 16-58 (5) One (1) "For Sale" or "For Rent" sign per (3) Any nonconforming identification sign may parcel of property when such sign has an be allowed to continue, provided the busi- area per face of not more than six (6) ness or use it advertises remains in operas square feet. ation. When the business or use is discon- (6) Identification signs at the entrance drive tinued, the sign must be removed, and of residences, estates, and ranches, which any replacement sign must conform to all do not exceed two (2) square feet. existing regulations. (b) Signs placed on public right-of-way without (7) Nonadvertising directional signs or sym- authorization shall be subject to immediate re- bols ("Entrance," "Exit," "Slow," "Cau- moval by the department of public works of the tion," "No Trespassing," etc.) located on city. and pertaining to a parcel of private prop- (Code 1974, § 5-114) erty, each not to exceed four (4) square feet. Sec. 16-57. Prohibited signs. (b) Each elementary and secondary school, pub- The following signs are hereby prohibited: lic or private, or governmental agency located within the city shall be entitled to four (4) exemp- (1) Snipe signs, tions, within a twelve (12) month period, from the permit fee requirements of this chapter, for signs (2) Freestanding signs; or banners as defined within this chapter, which (3) Obscene signs; advertise an event sponsored by the school or (4) Hazardous signs; organizations affiliated with the school or a gov- ernmental agency, and which are temporary in (5) Flashing, running or revolving signs; nature and will be removed following the event. (6) Bus stop shelter signs; An exemption may be granted by the city man- ager prior to the event upon receipt of a written (7) Any sign placed on public right -of --way for request from the school principal or governmental more than twenty-four (24) hours which agency director or manager. does not comply with this regulation; (Code 1974, § 5420; Ord. No. 2002-21, § 2, 7-8-02) (8) Balloon displays; Sec. 16=56. Nonconforming signs. (9) Spot or search lights. (a) Any sign which, when erected, conformed to the existing zoning regulations and (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. (2) Within two (2) years of the effective date of this division, all nonconforming out- door advertising signs and their support- ing members shall be removed. Supp. No. 3 1047 (10) Trailer signs, (11) Off -premises sign (outdoor advertising play/billboard), as provided in section 16- 77. (Code 1974, § 5415; Ord. No. 2001-09, § 1, 2-26- Ol; Ord. No. 2001-50, § 2, M22-01) Sec. 16-58. Variances. (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. § 16-58 WINTER SPRINGS CODE (c) Decisions made by the staff review may be appealed pursuant to section 20-355 of the City Code. (Code 1974, § 5.117) DIVISION 2. STANDARDS* 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. (Cudu 1074, 3 Sec. 16-77. ®utdoor 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. (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. *Cross reference —Buildings and building regulations, Ch. 6. Supp. No. 3 1048 (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 Structures)") 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 u'LCl ll LiU11 UJ 1` g ll rr .,l.:r ,� .,.�isi;ixi� un-1;r�'e.nisr� sign Struc- tures. (f) The limit stated in subsection (d) above, as may be 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 (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. SIGNS AND ADVERTISING (5) An existing structure is removed or dis- 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. 3 1048.1 i § 16M WINTER SPRINGS CODE [THIS PAGE INTENTIONALLY LEFT BLANK] Supp. No. 3 1048.2 Chapter I , STREETS, SIDEWALKS AND OTHER PUBLIC PLACES* Article I. In General Sec. 17-1. Obstructing streets and sidewalks; permit required. Secs. 17-2-17-25. Reserved. Article II. Streets Sec. 17-26. New streets; permit required. Sec. 17-27. Vacating and abandoning streets and alleys. Sec. 17-28. Prohibiting the littering of streets, street rights -of -way, side- walks; prohibiting removal of trees and shrubbery. Sec. 17-29. Access control. Sec. 17-30. Obstruction to vision at street intersections. Sec. 17-31. Violation. Secs. 17-32-17-50. Reserved. Article III. Sidewalks Sec. 17-51. Permit for erection of awnings, etc., over sidewalks —Required; application. Sec. 17-52. Same —Fee. Secs. 17-53-1745. Reserved. Article IV Excavations Sec. 17-76. Permit required. Sec. 17-77. Bond required. Sec. 17-78. Inspection. Sec. 1749. Duty and liability of permit holder. Sec. 17-80. Erection and lighting of barricades. *Cross references=Procedure for disposition of abandoned property, § 2-1; code enforcement board to enforce certain ordinances of the city, § 2-56 et seq.; beautification board, § 2-76 et seq.; annexations and rezonings, § 2-116 et seq.; arboreal standards of the City of Winter Springs, Ch. 5; official plan for public property established, § 5-4; buildings and building regulations, Cli. 6; limitations on obstruction of clear vision when adjacent to street, intersection, etc., § 6491 et seq., fire hydrant requirements, placement and maintenance, § 7-76 et seq., land development, Ch. 9; streets and alleys in subdivisions, § 9446 et seq.; minimum standards for roadway construction in land development code, § 9-201; sidewalks in land development code, § 9-221 et seq.; uniform building numbering system, § 9-370 et seq.; transportation facilities impact fee, § 9-386 et seq.; motor vehicles and traffic, Ch. 12; cleaning, repairing vehicles on roadway prohibited, § 12-66; planning, Ch. 15; comprehensive plan, § 15-26 et seq.; signs and advertising. Ch. 16; zoning, Ch. 20. State law references —Local improvements, F.S. § 170.01 et seq.; public works, F.S. § 180.01 et seq. Supp. No. 3 1101 WINTER SPRINGS CODE [THIS PAGE INTENTIONALLY LEFT BLANK] Supp. No. 3 1102 TAXATION next succeeding September 30, or such other period as may be prescribed by law as the fiscal year for the city. Government property means property owned by the United States ofAmerica, the State of Florida, a county, a special district, a municipal corpora- tion, or any of their respective agencies or politi- cal subdivisions. Initial local improvement assessment resolu- tion means the resolution described in section Supp. No. 3 1162.1 § 18-51 WINTER SPRINGS CODE [THIS PAGE INTENTIONALLY LEFT BLANK] Supp. No. 3 1162.2 TAXATION procedures set forth herein to include property the city commission, however each nomi- located within the incorporated area of the city. nee shall be confirmed by majority vote of Each assessed area shall encompass only that the city commission; property specially benefitted by the local improve- ments or related services proposed for funding (2) Two (2) members of the advisory commit - from the proceeds of assessments to be imposed tee first appointed, by the commissioners therein. from seats 2 and 4, shall serve two-year (Ord. No. 704, § 2.01, 7-27-98) terms and the remaining three (3) mem- bers first appointed shall serve three-year Sec. 1845. Creation of advisory commit- terms; the successors of the original ap- tees. pointees shall be appointed for terms of (a) The city commission may establish by res- three (3) years, in accordance with Chap- olution an advisory committee for any assessment ter 2 of the City Code; vacancies in the area within which assessments are imposed. committee shall be filled by the city com- mission member whose seat number cor- (b) Each advisory committee shall consist of at responds with the vacant board seat sub" least five (5) members appointed by the city ject to commission ratification, for the commission. Members of the advisory committee unexpired term of such vacancy. If any may be residents or persons with a vocational or commissioner fails to appoint a member investment interest in the assessed area. All within two (2) regularly scheduled com- members of any advisory committee shall serve at mission meetings after a vacancy occurs the pleasure of the city commission. or a term expires, that seat will be filled (c) Each advisory committee, for its respective by the mayor, subject to the ratification by assessed area, and in conjunction with city staff the city commission. personnel, shall timely provide input and recom- (3) Each advisory committee shall have the mendations to city staff or city consulting profes- authority to determine its own rules and sionals assigned the task of providing technical procedures, provided that such rules and assistance in the following activities: procedures are not inconsistent with fed- (1) Development of a budget for the desired eral and state law (where applicable), the local improvement or related services; city code or direction of the city commis- i (2) Imposition of assessments to fund the son; local improvement or related services; (4) Each advisory committee shall designate (3) Issuance of the obligations when re- from its members one person who shall quired; and serve as the official liaison between the (4) Maintenance of the local improvement or advisory committee and the city; such liaison shall direct all formal communica- the provision of related services. The ad- tions to the city manager regarding the visory committee shall review and discuss business of the advisory committee; issues related to the foregoing and other directly related matters of interest to the (5) All meetings of the advisory committee owners of property within the respective shall be noticed in advance and be held at Assessed Areas and make such recommen- city hall and in all ways conducted in dations thereon as the advisory commit- conformance with all government inAhe- tee deems appropriate. sunshine and open public -records laws; (d) Unless otherwise provided by resolution of (6) Each advisory committee shall meet not the city commission: less than once quarterly. (1) Each initial member of an advisory com- (Ord. No. 704, § 2.02, 7-27-98; Ord. No. 2002-28, mittee shall be nominated (one each) by § 4, 9-23-02) Supp. No. 3 1165 § 18-56 WINTER SPRINGS CODE Sec. 18456. Landowner petition process. At its option, the city commission may estab- lish or ratify a process pursuant to which the owners of property may petition or provide direc- tion to the commission relative to the creation of an assessed area to fund local improvements and related services. Notwithstanding any such pro- cess established or ratified pursuant to this arti- cle, the city commission shall retain the authority to create assessed areas without a landowner petition non -binding ballot. (Ord. No. 704, § 2.03, 7-27-98) DIVISION 3. LOCAL IMPROVEMENT ASSESSMENTS The city commission is hereby authorized to impose local improvement assessments against property located within an assessed area to fund the project cost of local improvements. The assess- ment shall be computed in a manner that fairly and reasonably apportions the project cost among the parcels of property within the assessed area, based upon objectively determinable assessment units. (Ord. No. 704, § 3.01, 7-27-98) Sec. 18-58. Initial local improvement assess- ment resolution. The initial proceeding for defining an assessed area and imposition of a local improvement as- sessment shall be the city commission's adoption of an initial local improvement assessment reso- lution. The initial local improvement assessment resolution shall: (1) Describe the property to be located within the proposed assessed area; (2) Describe the local improvement proposed for funding from proceeds of the local improvement assessments; (3) Estimate the capital cost and project cost; (4) Describe with particularity the proposed method of apportioning the capital cost and project cost among the parcels of property located within the proposed as- Supp. Mn 3 1166 sessed area, such that the owner of any parcel of property can objectively deter- mine the number of assessment units and the amount of the assessment; (5) Describe the provisions, if any, for accel- eration and prepayment of the assess- ment; (6) Describe the provisions, if any, for reallo- cating the Assessment upon future subdi- vision; and (7) Include specific legislative findings that recognize the fairness provided by the apportionment methodology. (Ord. No. 704, § 3.021 7-27-98) Sec. 18-59. Local improvement assessment roll. (a) The city clerk shall prepare a preliminary local improvement assessment roll that contains the following information: (i) A sutninary rlescrp;ion of each parcel of property (conforming to the description contained on the tax roll) subject to the local improvement assessment; (2) The name of the owner of record of each parcel, as shown on the tax roll; (3) The number of assessment units attribut- able to each parcel; (4) The estimated maximum annual local im- provement assessment to become due in any fiscal year for each assessment unit; and (5) The estimated maximum annual local im- provement assessment to become due in any fiscal year for each parcel. (b) Copies of the initial local improvement assessment resolution and the preliminary local improvement assessment roll shall be on file in the office of the city clerk and open to public inspection. The foregoing shall not be construed to require that the local improvement assessment rolI be in printed form if the amount of the local improvement assessment for each parcel of prop- erty can be determined by use of a computer terminal available to the public. (Ord. No. 704, § 3.03, 7-27-98) Chapter 19 UTILITIES* Article I. In General Sec. 19-1. Garbage service to be provided for certain tenants. Secs. 19-2-19-25. Reserved. Article II. Wastewater Syatem Division 1. Generally Sec. 19-26. Defmitions. Sec. 19-27. Use of wastewater system. Sec. 19-28. Required use of public sewers. Sec. 19-29. Private septic tanks. Sec. 19-30. Enforcement board. Sec. 19-31. Penalties and charges. Secs. 19-32-19-50. Reserved. Division 2. Administration Sec. 19-51. Inspection and monitoring. Sec. 19-52. Industrial wastewater contribution permit. Sec. 19-53. Enforcement. Secs. 19-54-1940. Reserved. Division 3. Use Regulations Sec. 19-71. Discharges prohibited. Sec. 19-72. Contaminants prohibited. Sec. 1943. Pretreatment. Sec. 19-74. Accidental discharge protection. Secs. 1945-19-90. Reserved. Division 4. Rates, Fees and Charges Sec. 19-91. Definitions. Sec. 19-92. Intent. Sec. 19-93. User charge system. Sec. 19-94. Conservation methods. Sec. 19-95. Revenues. Sec. 19-96. User charges. Sec. 19-97. Billing, payment, delinquency. Sec. 19-98. Appeals. Secs. 19-98.5. Policy for bill adjustments for unexplained excessive use. Sec. 19-99. Annual rate review. Sec. 19-100. Application requirements. Sec. 19-101. Office hours. Sec. 19-102. User charge schedule, general. Secs. 19-103-19425. Reserved. *Cross references -Administration, Ch. 2; code enforcement board to enforce certain ordinances of the city, § 2-56 et seq.; buildings and building regulations, Ch. 6; plumbing code adopted, § 6-126; utility easements not to be enclosed or fenced, § 6-192; fire hydrant requirements, placement and maintenance, § 7-76 et seq.; flood damage prevention, Ch. 8; land development, Ch. 9; requirements for water and sewer systems in land development code, § 9-261 et seq.; planning, Ch. 15; taxation, Ch. 18; public service tax levied, § 18-26 et seq. Supp. No. 0 1227 WINTER SPRINGS CODE Division 5. Sewerage Revenue Generation System Sec. 19-126. Accounts established. Sec. 19-127. Deposits. Sec. 19428. Expenditures. Sec. 19-129. Accountant certification of adequate maintenance. Secs. 19-130-19-135. Reserved, Article III. Reclaimed Water System Sec. 19436. Definitions. Sec. 19-137. Routing and construction. Sec. 19-138. Rates and charges. Sec. 19-139. Promulgation and enforcement of service procedures and regula- tions. Sec. 19-140. Inspection. Secs. 19441-19445. Reserved, Article IV. Potable Water Supply ili�riSinn 1 (`,anerally Secs. 19-146-19-149. Reserved. Division 2. Cross -Connection Control, Backflow Prevention ec. 19-150. L1LowL. Sec. 19-151. Manual of cross -connection control adopted by reference; compli- ance required. Sec. 19A52. Changes to manual. Sec. 19-153. Administration. Sec. 19-154. Inspection and testing, right of access. Sec. 19-155. Installation, testing and maintenance of backflow prevention devices. Sec. 19-156. Cross -connection violations and penalties. Secs. 19-157-19-160. Reserved. Article V. Stormwater Management Utility Sec. 19-161. Title. Sec. 19-162. Defimitions. Sec. 19-163. Stormwater management utility fee created. Sec. 19-164. Schedule of rates. Sec. 19-165. Billing, payment, penalties and enforcement. Sec. 19-166. Adjustment of fees. Sec. 19-167. Stormwater management utility fund. Secs. 19468-19-199. Reserved, Article VI. Water Shortage Conditions and Shortages Sec. 19-200. Intent and purpose. Sec. 19-201. Definitions. Sec. 19-202. Application of this article. Sec. 19-203. Implementation. Sec. 19-204. Water uses, surcharges and factors considered. Sec. 19-205. Enforcement. Sec. 19-206. Exceptions. Sec. 19-207. Penalties. Sec. 19-208. Water use constitutes acceptance of provisions of article. Supp. No. 2 1228 UTILITIES Secs. 19-209-19-250. Reserved. Secs. 19-251-19-299. Reserved. Article VIII. Utility Protection and Enforcement Sec. 19-300. Utility meters to be furnished by and remain property of city; all water must pass through meter. Sec. 19-301. Right of entry of authorized agents or employees. Sec. 1M02. Tampering with city utility system. Sec. 19-303. Trespass. Sec. 19-304. Enforcement. Supp. No. 2 1228.1 WINTER SPRINGS CODE [THIS PAGE INTENTIONALLY LEFT BLANK] Supp. No. 2 1228.2 UTILITIES that such fees are required by the Code of Ordi- nances, the charges may be established by the city commission and assessed at the time of application. (f) Service availability charges. Anew user requiring a new connection to the sewer and water treatment facilities shall pay a charge for sewer and water capacity available at the treat- ment facilities, distribution system and collection system. The charge shall be assessed on a per - gallon basis and shall be related to the cost of providing such capacity. Developers will be re- quired to enter into a developer's agreement, which outlines in more detail the requirements of connection to the city's utility system. These charges do not include actual physical connection to the utility system. (Code 1974, § 1645) Sec. 19-97. Billing, payment, delinquency. Users of the water and/or wastewater system, or garbage collection shall be billed monthly and payment shall be due when rendered. If payment is not received by the city in full within twenty (20) days from the date of mailing, the unpaid amount is to be considered to be in arrears and shall be considered delinquent and a delinquent notice will be issued. If there is an arrearage amount due when the delinquent bill is printed, a late fee will be assessed at the rate of five (5) percent per month on the arrearage amount or five dollars ($5.00), whichever amount is greater. The customer shall be notified of the delinquent amount along with the late fee charges by refer- ence in the mailing of a delinquent notice as considered necessary by the city manager or his designee. If the entire bill if not paid in full within ten (10) days from the date of mailing of the delinquent notice, service shall be discontinued. A fee of thirty dollars ($30.00) shall be assessed to reinstate service, and a fee of thirty-five dollars ($35.00) shall be assessed for reinstallment of a meter if removed for nonpayment or unable to lock -off. A fee of twenty dollars ($20.00) or five (5) percent of the face amount of the check, which- ever is greater, shall be assessed for each check returned for insufficient funds or closed account. Supp. No. 3 1241 § 19-98.5 Any customer who has two (2) returned checks within a six-month period will be required to maRe payment in cash or money order. (Code 1974, § 1646; Ord. No. 449, § I, 1-9-89; Ord. No. 538, § I, 1244-92; Ord. No. 702, § I, 6-8-98; Ord. No. 2002-20, § % 6-24-02) Sec. 19-98. Appeals. (a) Any user who feels their monthly bill for water and sewer service is unjust and inequitable may make written application to the city manager or his designee requesting a review of their monthly bill within ten (10) days after the date of render- ing the bill by the city. The written request shall, at a minimum, show the basis of the adjustment, including the actual or estimated average flow of the water and sewer use in comparison to the amount upon which the charge is based and include a statement explaining the methods used in calculating the measurements or estimates for the appeal. (b) The city manager or his designee shall review the request and, if substantiated, the monthly bill for that user shall be recomputed based on the revised flow data and the new charge shall be adjusted on the next bill. The decision of the city manager may be appealed to the city commission whose decision shall be final and binding. (Code 1974, § 1647; Ord. No. 702, § II, 6-8-98) Secs. 19-98.5. Policy for bill adjustments for unexplained excessive use. (a) Definitions: Except as otherwise provided for in this Resolution, all definitions reflected in Chapter 19 entitled "Utilities" are applicable to the provisions of this policy. (1) Unexplained excessive use shall mean the amount of potable water use metered by the city at an individual customer's premise for a single billing period which is not considered as being customary for that account and is not known as to why the consumption occurred based on the usage criteria reflected in this policy. (2) Individually metered residential service shall refer to those water accounts classi- fied as being residential whose domestic § 19-98.6 WINTER SPRINGS CODE water requirements are individually me- highest monthly water use of such tered by the city. If the applicable cus- account for the last twelve (12) con- tomer has a single water meter that reg- secutive months as metered and billed isters both domestic and irrigation water by the city. consumption, the measured water con- c. Water service to the account must sumption associated with this meter will have occurred for a minimum of be considered as domestic water use. If twelve (12) consecutive months prior the applicable customer has a dual domes- to the month where the unexplained tic and irrigation service (two meters) excessive use as occurred with no which allows for the separate metering of months having a zero (0) usage pe- both types of water use, only the meter rind which measures water consumption pri- marily for indoor use will be considered as d. The occupants of the subject residen- the metered domestic water use for the tial account must have lived in the purposes of this policy, residence continuously for twelve (12) (3) Applicant shall mean the customer, prop- consecutive months consistent with the historical water use period that erty owner, or person that applies for an is being relied upon in the determi- unexplained excessive use credit with the nUt1V11 Vf Ull'GtiplCL111GLL CXI.Cb.S1V% city pursuant to the terms of this policy. LL`UC. (4) Rate ordinance shall refer to Chapter 19 e. The net amount of metered potable water registered at the domestic entitled "Utilities" of the city's Code of meter which is considered as being Ordinances which delineates, among other W„ c��ive fur' Lhe pal icular billing things, i) the monthly rates for water and period must be a minimum of twenty wastewater service; ii) provisions regard- thousand (20,000) gallons when com- ing the billing, payment, and delinquency pared to the average and maximum of utility bills; iii) appeals for the review of month water use for the account. monthly utility bills by an account or property owner to the city; and iv) other (2) In the review of the water use and appli- applicable provisions relative to the ren- cant characteristics as it relates to the dition of service to the city's utility cus- review of the excessive use criteria dis- tomers which are relied upon in the de- cussed in subsection 19-98.5(b)(1) above, termination of this policy. all of the criteria must be satisfied in order for the city to consider any utility (b) Unexplained excessive use criteria: bill adjustment in accordance with this (1) The criteria used by the city in the deter- policy. The requirements for providing proof mination of unexplained excessive water of occupancy during the previous twelve use in a particular billing period for an (12) months are the responsibility of the individually metered residential account applicant. as it relates solely to the application of this policy is as follows: (c) Applicability: The unexplained excessive use policy is only applicable to individually me - a. The metered water use of an account tered residential accounts and does not include for the particular billing period shall service to master -metered residential service, com- be at least four (4) times the average mercial or non-residential service, or individually water use of such account for the last metered irrigation service. For single family res- twelve (12) consecutive months as idences that have a separate meter specific for metered and billed by the city measuring irrigation or outdoor water use, this b. The metered water use of an account policy does not apply to any water use measured for the particular billing period shall by this irrigation meter. For those accounts that be at least two (2) times the previous are not subject to the provisions of this unex- Supp. No. 3 1242 IPi ILITIES § 19-98.5 plained excessive use policy, such accounts may d. Only with the prior receipt of the still follow the general utility bill appeal process concurrence from the applicant which as allowed by the city's rate ordinance. filed the application for the exces- sive use adjustment, the city will (d) City field service requirements: send a utility field representative to (1) Any applicant receiving individually me- the applicant's premise or property tered residential service who feels that to conduct a general visual review of the monthly bill for potable water service such premises to identify any unique is excessive and the reasons for such circumstances and to assist the cus- excessive use is not known or explainable tomer with addressing the unex- by the applicant may make a written plained excessive use situation. This application or make an on -site appear- review is not considered by the city ante (the "application") to the finance as a detailed inspection or water use director or his/her designee requesting for audit of the property to verify use or a bill evaluation and potential adjust- specific conditions and is expected to ment in accordance with this policy. The be performed during the removal of application by the applicant must be within the existing meter and the installa- ten (10) days after the date of rendering tion of the new meter. (mailing) of the bill by the city. e. The city will notify the applicant by (2) Once an application is made by an appli- direct mail the results of the city's cant for review of the utility bill actor- meter flow test and report whether dance with this policy and the unex- the meter was registering potable plained excessive use meets the water use water use within the accuracy limits criteria as delineated in this policy as established by the meter manufac- determined by the city, the city shall per- turer within, to the extent practical, form the following field service activities five (5) business days after the re- in order to evaluate the metered water moval of the meter from the consumption at the applicant's premise: applicant's premise. a. The city will reread the water con- (e) Calculation of excess potable water use po- sumption at the meter to verify the tentially eligible for credit: accuracy of the initial water reading and for consistency in the amount of (1) If the city determines that the potable water consumption billed to the ap- water meter that was removed from the plicant. applicant's premise was measuring the b. The city will remove the current potable water use at such premise inaccu- meter from the applicant's premise rately, the city will recalculate the utility and install a new meter which is bill in accordance with its general policy considered by the city to be measur- and notify the applicant of the amount ing potable water use within the due. To the extent that the recalculated accuracy standards as defined by the bill would still result in an unexplained meter manufacturer of the particu- excessive use position, then the provi- lar meter being installed. sions of this policy will still be applicable. c. The city will perform a flow or "bench" (2) Based on the city's review of the prior test of the meter that was removed twelve (12) months domestic metered wa- from the applicant's premise with ter consumption history when compared the city's testing equipment to verify to that period of time (not to exceed one the flow registration accuracy of such (1) billing period) for which the unex- meter, plained excessive water use was mea- Supp. No. 0 1243 § 11) 9VMD WINTER SPRINGS CODE sured by the city, the city will determine flected in the city's rate ordinance, the unexplained excessive use credit as To the extent that the amount of the follows: unexplained potable water use being a. The city will determine the average considered as excessive use results monthly water use for the applicant in an increase in the amount of waste - during the previous twelve (12) water use being billed to the appli- months that will serve as the maxi- cant, the amount of such use above mum water consumption or usage the maximum monthly wastewater (rate) threshold for the determina- billed will be credited to the appli- tion of the unexplained excessive use cant. Specifically, the amount of credit. The difference between the wastewater billed for the particular actual metered water consumption billing period under review will not registeredmum amount of by the meter and the con- exceed the maxi sumption determined to be the max- wastewater billed during any billing imum water use threshold will i) period during the previous twelve considered as being used by the ap- (12) months for such applicant. plicant and ii) will be billed at the d. If the unexplained excessive use credit first, wntpr eommmption hlnek rnte 8s ealeulated by the city is neeenterl applicable to the individually me- by the applicant, the city will adjust tered residential class in effect at the amount of the water and/or waste - the time of the application for the water bill due the city and the total unexplained excessive use credit by amount of the adjusted bill will be the applicant, all in accordance with due and payable to the city by the the provisions of the city's rate ordi- applicant in accordance with city pol- nance. icy. b. The amount of metered water con- e. Included on Attachment A is a tem- sumption not considered as being plate and example to illustrate the excessive (i.e., up to and equal to the calculation of the unexplained exces- maximum water use threshold) will sive use credit. be calculated in accordance with the prevailing water consumption or us- ( Payment provisions. age rates in effect at the time of the (1) All provisions of the rate ordinance rela- application for the unexplained ex- tive to the payment of utility bills are cessive use credit by the applicant, applicable under this policy. all in accordance with the provisions (2) If the adjusted utility bill for service, even of the city's rate ordinance. after the recognition of the excessive use c. If the applicant also receives waste- credit, results in a monthly bill which is in water service from the city, the city excess of one hundred dollars ($100.00) of will determine the mammum monthly the maximum bill incurred for utility ser- wastewater to be billed to the appli- vice by the applicant during the previous cant based on the amount of use twelve (12) months, the city at its sole which would be billed recognizing discretion may allow for the payment of the maximum consumption thresh- the excess water use component of the bill old for the determination of the un- on an installment basis. The payment of explained excessive use credit. In no the excess water use on an installment event will the adjusted usage amount basis will not exceed six (6) consecutive exceed the maximum wastewater bill- months and will be billed uniformly over ing threshold for individually me- the installment period. The installment tered residential customers as re- period must be finalized between the city Supp. No. 3 1244 UTILITIES and the applicant prior to the due date of the current utility bill that was under review by the city and will be included on the utility bill for monthly service during the installment period. The billing of the installments will begin on the next imme- diate bill for service. In no event will the city allow the payment of the excessive water use on an installment basis if the applicant has not achieved a good pay- ment history (no delinquent payments or if applicant has had service discontinued for nonpayment) during the past twelve (12) months of service. (3) To the extent that an applicant elects the installment method of payment of the unexplained excessive use charges, all of the city's rules and regulations relative to the billing and payment for service in accordance with the city's rate ordinance will apply, including the provision that the applicant's utility service may discon- tinued for the nonpayment of utility ser- vice. (4) If the applicant requests a verification of the no test performed by the city by a third party (e.g.meter manufacturer or another utility), and the results of such test are consistent with the results of the city's flow test (whereby the results would not result in a change of general accuracy of the meter), the applicant will be respon- sible for the actual cost of such tests. The actual cost is the amount invoiced by the third party to the city for the performance of the additional flow test and will not include any costs or markup for adminis- tration by the city. If the test results performed by the third party indicate that the meter is not registering within the accuracy limits in accordance with city policy, the meter will be considered as being inaccurate and the bill recalcula- tion policy of the city will be performed. (5) To the extent that the applicant does not accept the results of the unexplained ex- cessive use credit as determined by the city under this policy, then the entire amount as initially billed by the city for Supp. No. 3 1245 utility service shall be due and payable in accordance with the provisions of the rate ordinance. The applicant shall have the right to appeal the utility bill in accor- dance with the provisions of the rate ordinance. Any reductions in the amount billed which may be due to the applicant as a result of the appeal of utility bill will be credited by the city in the next imme- diate bill rendered to the applicant after the appeal has been finalized. (g) Limitations on adjustment eligibility and other miscellaneous provisions: (1) No unexplained excessive use credit to an applicant's utility bill determined in ac- cordance with this policy will be permit- ted more than once a year or no more than twice within ten (10) years. No unex- plained excessive use credit will extend beyond one (1) billing period. (2) If an applicant accepts the unexplained excessive use credit as determined by the city and the credit is applied to the applicant's monthly utility bill, the appli- cant will waive the right to subsequently appeal the said utility bill in accordance with the provisions of the rate ordinance. (Res. No. 2001-39, §§ I—VII, 10-29-01) Sec. 19-99. Annual rate review (a) The city shall review the user charge at least annually and revise the rates as necessary to ensure that adequate revenues are generated to pay the costs of operation and maintenance and replacement including depreciation and debt ser- vice and the sewerage system capital improve- ment account. The system shall also be reviewed to ensure that it continues to provide for the proportional distribution charges among users anI user classes. (b) The city shall notify each user at least annually of the rate being charged for operation, and maintenance, and replacement including debt service and depreciation of the water and sewer utility system. (Code 1974, § 1648; Ord. No. 702, § III, 6-8-98) § 19-100 WINTER OrMNGS CODE (a) All applications shall be made at the busi- ness office during office hours. (b) Each applicant shall be required to provide information and pay fees at the time of applica- tion. (1) Residential users. Application shall in- clude but not be limited to the following information: a. Names) of applicant; b. Address for which the service is re- quested and the residence of the applicant, if different; and c. Residence telephone number of the applicant at the service address and at the residence address, if different. A deposit fee and an application fee shall be assessed at the time of application for service. The deposit fee shall accrue inter- est at a rate not to exceed six (6) percent per annum as determined periodically by the city manager or his designee, and shall be paid annually to the applicant. Upon completion of twenty-five (25) months of service with no delinquents during the previous twenty-four (24) months, the de- posit will be refunded. The twenty -five - month time period will commence again upon the first turn off of service for non- payment. A new deposit will be required to be paid by the customer upon the first time service is discontinued after the orig- inal required deposit has been refunded. When service is terminated, the deposit plus the interest less any outstanding fees and charges shall be refunded to the user. The residential deposits will be based on the services provided by the city to such residence. The following deposit schedule shall apply: Residential Deposit Amount* Water only service ......... $30.00 Sewer only service ......... 70.00 Water and sewer service.... 100.00 8upp. No. 3 1246 *Reflects deposit for water and wastewa- ter service only; other deposits for ser- vices billed on the utility bill, if any, are in addition to the above -referenced deposits. An inspection fee shall be assessed at application and for each connection when applicable; refer to miscellaneous charges, section 19-102(5)c. (2) Nonresidential users. Application shall in- clude such information as the utility di- rector prescribes and that is necessary for classification, reference, and other simi- lar identification purposes. A deposit fee and an application fee shall be assessed at the time of application. The deposit fee shall accrue interest at a rate not to exceed six (6) percent per annum as determined by the city manager or his designee, and shall be paid annually to the applicant. The deposit shall be held for the term of service. When service is teiAllflateu, 10le deposilL plus interest less any outstanding fees and charges shall be refunded to the user. The deposit shall be equal to two (2) times the average monthly bill for service as determined by the city manager or his designee, but in no event shall the deposit be less than two hundred twenty-five dollars ($225.00). An inspection fee shall be assessed at application and for each connection when applicable; refer to miscellaneous charges, section 19-102(5)c. (Code 1974, § 16-49; Ord. No. 449, § II, 1-9-89; Ord. No. 358, § II, 12-14-92; Ord. No. 702, §§ IV, V, 6-8-98; Ord. No. 2002-20, § 3, 6-24-02) Sec. 19-101. Office hours. (a) The business office is located at 1126 East State Road 434, Winter Springs, Florida. It is open Monday through Friday, 8:00 a.m. to 5:00 p.m. A night drop box may be provided for afterhours payment. (b) In case of an emergency, contact the busi- ness office. Emergency service shall not be avail- able to users whose account is delinquent. (Code 1974, § 16-50; Ord. No. 702, § Vol, 6-8-98) UTILITIES Sec. 19-102. User charge schedule, general. § 19-102 The following rates and charges VP to all systems unless otherwise specifically stated: (1) Monthly water service rates. The monthly water rate shall include the sum of the base facility charge based on the size of the meter plus a volume charge per one thousand (1,000) gallons or a fraction thereof of metered water consumption as set forth below. a. Individually metered residential service. Bills Rendered on or after July 11 2002 Base Facility Charge All meter sizes Volume Charge -Domestic Service (gallons) 0-10,000 101001-15,000 15,001-20,000 20,001-25,000 25,001-30,000 Over 30,000 Volume Charge -Irrigation Service (gallons)* 0-5,000 5,001-10,000 10,001-157000 15,001-20,000 Over 20,000 $3.85 Bills Rendered on or after July 1, 2003 Monthly Charge $4.11 Bills Rendered on or after July 1, 2004 $4.39 Charge per thousand (1,000) gallons 0.97 1.04 1.11 1.34 1.43 1.53 1.60 1.71 1.82 1.87 2.00 2.13 2.14 2.28 2.44 2.67 2.85 3.04 $1.34 $1.43 $1.53 1.60 1.71 1.82 1.87 2.00 2.13 2.14 2.28 2.44 2.67 2.85 3.04 *Reflects water use for residential irrigation service which is metered in addition to domestic service from a single service connection to water system. For those customers which receive dual metered service from a single service connection, the base facility charge will only be ap- plied to domestic service (one (1) charge per service connection). b. Master metered residential and nonresidential service. Bills Ren- dered on or after July 1, 2002 ERC Factor Base Facility Charge (meter size) Bills Ren- dered on or after July 1, 2003 Monthly Charge Bills Ren- dered on or after July 15 2004 5/8 x 3/4 and 3/4 inch 1.0 $4.11 1 inch 2.5 9.65 10.30 11.00 1 Y2 inch 5.0 19.25 20.55 21.94 Supp. No. 3 1247 § 19402 WINTER SPRINGS CODE Bills Ren- Bills Ren,,, Bills Ren- dered on or dered on or dered on or after July 1, after July 1, after July 1, 2002 2003 2004 ERC Factor Monthly Charge Base Facility Charge (meter size) 2 inch 8.0 30.80 32.88 35.10 3 inch 16.0 61.60 65.76 70.20 4 inch 25.0 9625 102.75 109.68 6 inch 50.0 192.50 205.49 219.36 8 inch 80.0 308.00 328.80 351.20 Volume Charge -Domestic 1.37 1.46 1.56 Service per 1,000 gallons Volume Charge -Irrigation Service per ERC (oallnnal * 0-51000 $1.34 $1.43 $1.53 5,001-109000 1.60 1.71 1.82 109001-15,000 1.87 2000 2013 159001-209000 2014 2.28 2.44 Over 20,000 2.67 2.85 3.04 *For those customers which receive both individually metered domestic and irrigation service from a single service connection, the base facility charge will only be applied to domestic ser- vice (one charge per service connection). c. General irrigation meter service.'"%& ERC Factor Base Facility Charge (meter size) 5/sx3/4 and 3/4 inch 1 inch 11/2 inch 2 inch 3 inch 4 inch 6 inch 8 inch Volume Charge per ERC 0-10,000 10,001-15,000 1.0 2.5 5.0 8.0 16.0 25.0 50.0 80.0 Supp. No. 3 1248 Bills Ren- dered on or after July 1, 2002 $3.85 9.65 19.25 30.80 61.60 96.25 192.50 308.00 Bills Ren- dered on or after July 1, 2003 Monthly Charge $4.11 10.30 20.55 32.88 65.76 102.75 205.49 328.80 Bills Ren- dered on or after July 1, 2004 $4.39 11.00 21.94 35.10 70.20 109.68 219.36 351.20 Charge per thousand (1,000) gallons $0.97 $1.04 $1.11 1.34 1.43 1.53 UTILITIES Bills Ren- dered on or after July 1, 2002 ERC Factor Bills Ren- dered on or after July 1, 2003 Monthly Charge Bills Ren- dered on or after July 11 2004 15,001-20,000 1.60 1.71 1.82 20,001-25,000 1.87 2.00 2.13 25,001-30,000 2.14 2.28 2.44 Over 30,000 2.67 2.85 3.04 *Reflects water use for nonresidential irrigation service which is metered from a separate and distinct service connection to the water system. The base facility charge is the minimum monthly charge applied in each account and will not be assessed if the service is discontinued. d. A twenty-five (25) percent surcharge on the monthly water service rates shall be assessed to customers located outside the City limits pursuant to Section 180.191, Florida Statutes. (2) Water meter charges. The water meter charge shall be based on the size of the meter as follows: Meter Size (in inches) 5/8 X 3/4 5/8 X 3/4 remote read 5/8 x 3/4 double check 1 remote read 5/8 x 3/4 double check remote read 1 meter plus backflow prevention device 11/2 remote read 11/2 meter plus backflow prevention device 2 remote read 2 meter with separate double check valve Meter Installation Installation l Only Tap -In $120.00 $350.00 190.00 MOM 230.00 MOM 260.00 390.00 280.00 420.00 450.00 600.00 480.00 MOM 700.00 900.00 640.00 MOM 900.00 1,100.00 For all meters larger than two (2) inches, the meter charge shall be based upon the actual cost of'; i) the meter plus materials; ii) labor and equipment/machinery/vehicle requirements associ- ated with the installation; iii) an allowance for administration; and iv) other items directly related to the installation, all as determined by the city. (3) Monthly sewer service rates. The monthly sewer rate shall include the sum of the base facility charge based on the size of the meter plus a volume charge per one thousand (1,000) gallons or a fraction thereof of metered water consumption as set forth below. a. All customer classes. Bills Rendered Bills Rendered Bills Rendered on or after on or after on or after July 1, 2002 July 1, 2003 July 1, 2004 Meter size (in inches) 5/a x 3/4 and 3/4 1 11/2 Supp. No. 3 1249 Base Facility Charge $7.10 $7.58 17.75 18.95 35.50 37.90 $8.09 20.23 40.45 § M102 WINTER SPRINGS CODE Meter size (in inches) 2 3 4 6 8 Charge per 1,000 gallons Individually metered residential (first 10,000 gallons) Master metered residential (no maxi- mum) Master metered nonresidential (no max- imum) Bills Rendered Bills Rendered Bills Rendered on or after on or after on or after July 1, 2002 July 1, 2003 July 1, 2004 Base Facility Charge 56.80 60.63 64.73 113.60 121.27 129.45 177.50 189.48 202.27 355.00 378.96 404.54 568.00 606.40 647.20 2.77 2.96 3.16 2.77 2.96 3.16 2.77 2.96 3.16 The base facility charge is the minimum monthly charge applied to each account and will not be assessed if the service is discontinued. A twenty-five (25) percent surcharge on the monthly sewer service rates shall be assessed to customers located outsidp the city limits nnrsuant to Sprtion 180.191 Florirlo Stag tps. (4) Service availability charges. A service availability charge shall be imposed and levied on all development requesting water and/or wastewater capacity to provide service to their properties and on all properties when structural charges, additions or changes in permitted use shall result in an increase in capacity requirements from the city's water and/or wastewater system. a. The service availability fees shall be as follows: Water availability fee, per gallon ......................................... $1.48 Sewer availability fee, per gallon ......................................... $7.33 b. The determination of the amount of capacity shall be based on a schedule of minimum daily flows for the residential users: Minimum Daily Flow (gallons per day) Water Sewer 1 and 2 bedroom apartments, multi -family 300 250 1 and 2 bedroom townhomes, multi -family 300 250 3 bedroom, multi -family 350 300 Mobile homes, single-family, per home 350 250 Single-family residential 350 300 c. The determination of the amount of capacity for the non-residential users shall be based on the flow rates contained in Florida Administrative Code, 64E-6, as may be amended or renumbered from time to time. Separate Laundry Facilities for apartments or multi -family complexes are not included in the per unit flow rates included in (4)b above. d. With respect to the determination of the water and wastewater service availability fees for non-residential development, if no water and wastewater capacity estimates are provided, Supp. No. 3 1250 UTILITIES § 19-126 the city reserves the right to estimate the average dependable daily capacity as referenced in this section and determine the appropriate service availability fee to be charged to such owner or applicant. e. The city reserves the right to review the amount of water and/or wastewater consumption during the first eighteen (18) months of service and shall bill to the owner or applicant any adjustment to the water and wastewater service availability fees for capacity use in excess of amounts which have been paid by the owner or applicant. Any additional service availability fee payments shall be billed to the owner or applicant at the same rate that was initially billed at time of building permit issuance. (5) Miscellaneous charges: a. Reinstatement fee for turning on service after disconnections for nonpayment ofbill................................................................... $30.00 b. Fee or charge for actual damages (whichever is greater) for contamination or alteration of a water meter, line or connection ............................. 75.00 c. Inspection fee for each connection requested ............................... 30.00 d. Fee for all checks returned by bank, includes checks returned for insufficient funds or closed account .................................................. 20.00 e. Application fee .......................................................... 15.00 f. Reinstallation charges for meter removed because of nonpayment or inability to lock off. . & 0 6 a * & 6 * & 0 a a a 0 a & a 0 * a * 9 * * 0 0 9 0 0 6 35.00 g. Pretreatment charge, as established by the city commission by resolution. h. Capacity reservation charge, $0.35 per sewer gallon per year. i. Television inspection of new sewer mains and laterals installed by contractors for acceptance by city: 1. Inspection fee using the city's T.V. camera and crew, per hour.......... $100.00 2. Inspector only (contractor supplies camera and crew), per hour ........ 30.00 (Code 1974, § 16-51; Ord. No. 449, § 3, 1-9-89; Ord. No. 485, § 3, 5-11-90; Ord. No. 500, §§ 1-3, 2-11-90; Ord. No. 538, § III, 12-14-92; Ord. No. 563, §§ I, II, 741-94; Ord. No. 617, § I, 5-13-96; Ord. No. 702, §§ IV—VIII, 6-8-98; Ord. No. 733, § I, 9-23-99; Ord. No. 2002-20, § 4, 6-24-02) Cross reference —Reclaimed water rates and charges, § 19-138. Secs. 19-103-19-125. Reserved. Supp. No. 3 1251 DIVISION 5. SEWERAGE REVENUE GENERATION SYSTEM* Sec. 19426. Accounts established. The city hereby establishes two (2) separate accounts into which deposits required for accumu- lation of the equivalent future value of the grant amount shall be made, to wit: (1) Sewerage system capital improvement ac- count —Source wastewater development charges; and § 19-126 WINTER SPRINGS CODE (2) Sewerage system capital improvement ac- count —Other sources. The sewerage system capital improvement ac- count —Source wastewater system development charges shall be segregated from any other source of money in order that the city can monitor and maintain its compliance with the Dunedin deci- sion. (Code 1974, § 16-61) • A A (a) Deposits to the sewerage system capital improvement accounts shall commence not later than the end of each one-year period beginning with the date of initiation of operation of the complete grant funded treatment works. Benefi- cial occupancy shall be deemed the date of initia- Ij iUa1 Ui uNexaijiuil vi sue ouiuYlebe gtdut� tuilueu treatment works. The number of annual deposits shall be twenty (20), which is the weighted design life of the treatment works as calculated by the r ty's utilities eonsnitinu engineers. T)Pposits into sewerage system capital improvement accounts shall be made annually, or, at the discretion of the city's finance director, more frequently. Deposits shall be made not later than on the last business day preceding the anniversary date of beneficial occupancy. The city does not have any plans at present for early termination of deposits into the sewerage system capital improvement accounts. The city may, however, make prepayments into these funds upon the recommendation of the city's finance director and approval of the city manager. Deposits may be terminated once the sum of all deposits exceeds twenty (20) times the annual deposit determined below. (b) The aggregate amount of the annual depos- its into the sewerage system capital improvement accounts shall be determined by the following formula: *Editor's note —Ord. No. 357, §§ 1-4, adopted Dec. 8, 1986, enacted provisions adopting a sewerage revenue gener- ation system. Such provisions, being nonamendatory of the Code, have been included herein as Art. W,, §§ 16-61-16-64, at the discretion of the editor. Supp. No. 3 1252 1(1 h i)DL (1 + i)DL-i Where: D = required annual deposit G = grant amount actually received by city i = 0.078 DL = 20 years (c) The sources of revenue for the required deposits shall be as follows: (1) Wastewater system development charges (to the extent permitted by law). (2) Current -year surpluses from the revenue fund. (3) Prior -year surpluses from the revenue fund. If the above sources of revenues are collectively insufficient to make the annual deposit, then the wastewater user charges shall be inerpasedl to provide the remaining source of funds necessary for such annual deposits above those required by the city's revenue rate covenant to cover any bonded indebtedness deficiencies in debt service. (d) Deposits into the sewerage system capital improvement accounts shall be invested in accor- dance with the city's normal practice for invest- ment of funds, but shall be accounted for sepa- rately. (Code 1974, § 16-62) Sec. 19-128. Expenditures. Accrued moneys in the sewerage system capi- tal improvement accounts shall be expended for any permissible purpose including, but not lim- ited to, the following: (1) Capacity expansion of any wastewater system facility. (2) Replacement of any wastewater system component which has reached the end of its design life. (3) Repair and/or replacement of treatment plant, pumping station or major transmis- sion facilities in the event that these items are undertaken as part of capacity expan- UTILITIES sion or upgrade necessary to meet more stringent effluent limitations required by a regulatory agency or are necessitated as the result of manmade or natural disas- ter. (Code 1974, § 16-63) Sec. 19-129. Accountant certification of ad- equate maintenance. The city shall engage a certified public account- ing firm to prepare and submit annually to the state department of environmental regulation a certification that the revenue generation system has been maintained in accordance with chapter 17-50, Florida Administrative Code. (Code 1974, § 16-64) Secs. 19-130-19-135. Reserved. ARTICLE III. RECLAIMED WATER SYSTEM* Sec. 19-136. Definitions. [As used in this article, the following words and terms shall have the meaning ascribed thereto:] Customer: Any person receiving service or mak- ing application for service. Developer: Any person, firm, association, syn- dicate, partnership or corporation, or any combi- nation thereof, who are actually involved in de- velopment. Development: An approved plan utilizing a tract of land appropriately zoned being developed in accordance with the purposes, intent and provi- sions of Chapter 9 and Chapter 20 of the City of Winter Springs Code of Ordinances. Irrigation system: From the point of connection to the city's service line valve and extending through the use of inground sprinkler system(s) to be operated and maintained by the customer. *Editor's note —Ord. No. 443, § 1(1)—(5), adopted Jan. 9, 1989, enacted provisions pertaining to the reclaimed water system. Such provisions have been included herein as Art. III, §§ 19-136-19-1401 by the editor. Cross reference —Wastewater, § 19-26 et seq. Supp. No. 3 1253 Potable water: Water that has been treated for human consumption and is distributed to the public by water distribution mains. Reclaimed water: Highly treated effluent from the wastewater treatment plant which meets or exceeds requirements for public access as set forth by the Florida Department of Environmen- tal Regulation; not for human consumption. Reclaimed water system: That portion of the system pertaining to storage, pumps, chlorina- tion, distribution mains, service lines and valves used to distribute reclaimed water. Z}•act: All lots or portions thereof served by the particular connection regardless of what portion of the lot or lots are actually being irrigated. (Ord. No. 443, § 1(1), 1-9-89) Sec. 19-137. Routing and construction. (a) The city will establish a route and install a reclaimed water system based on the most cost effective method utilizing facilities in existence at the present time. The expansion of which will be based on an as -needed basis, cost factors, and on the number of applications received from resi- dents wishing to connect to the reclaimed water system. (b) Developers of properties which contain or abut such routes shall install reclaimed water systems in an appropriate easement to be dedi- cated to the city upon completion. All reclaimed water systems shall be designed by a Florida registered engineer and in accordance with the regulations of the city and the State of Florida Department of Environmental Regulation. (c) The city will operate and maintain the reclaimed water system only. A developer shall design and install irrigation systems to maintainm union areas, model homes or lots. All such gation systems shall be operated and main- tained by the developer, property owners or homeowners association. No potable water irriga- tion meters will be installed within an area ser- viced by a reclaimed water system. (d) Irrigation system requirements. All irriga- tion systems that are connected to the reclaimed water lines shall be inground without over spray § 19437 WINTER SPRINGS CODE to adjacent properties, sidewalks, and streets. Hose bib connections to the reclaimed water sys- tem will not be allowed. The use of reclaimed water is for irrigation purposes only. It is unlaw- ful to make connections from the reclaimed water system to any building or other source of water supply. Inspections of all irrigation systems in- stalled will be made by utility personnel prior to connection to the reclaimed water system. (Ord. No. 443, § 1(2), 1-9-89) (a) A rate shall be charged to the customers on the reclaimed water system in accordance with the following schedule: (1) For nonmetered service for tracts of one- liai (1/2j acre size or smaiier, the monthly charge shall be eight dollars and fifty-five cents ($8.55). (2) For nonmetered service for tracts greater than one-half (1/2) area, an additional monthly fee of eight dollars and fifty-five cents ($8.55) for each additional irrigated one-half (1/2) acre shall be added to the base charge of eight dollars and fifty-five cents ($8.55). (3) For customers receiving metered service, the monthly charge shall be the sum of the base charge of three dollars and fifty- five cents ($3.55), plus a consumptive charge of twenty-five cents ($0.25) per one thousand (1,000) gallons for usage up to twenty thousand gallons (20,000) per month and fifty cents ($0.50) per one thousand (1,000) gallons for all metered reclaimed water usage over twenty thou- sand gallons (20,000) per month. (4) As nonmetered customers of the reclaimed water system become metered, the newly metered customer shall be subject to the monthly rates and charges as identified in section 19-138(03). Customer shall be subject to charges for metered service effective the next available billing period subsequent to installation of the reclaimed water meter. Supp. No. 3 1254 (b) The customer shall not be required to pay all costs associated with the purchase and instal- lation of the meter. The public works/utility direc- tor or their designee may waive the requirement for a meter where a suitable alternative method exists for the calculation of the water usage and where the customer agrees to pay the metered rate for the calculated amount of water usage. (c) Connection to the reclaimed water system; connection charges. All connections to the re- claimed water system shall be approved by the public works/utility director or their designee. The total connection charge will consist of tapping fee for the reclaimed water service and the fee for installing a backflow prevention device on each potable water line servicing the same tract. T¢pping Fee/Plus Noninetered Service Size (i,n inches) Material Backflow prevention fee Actual 4- 0 t1J12 $230.00 2 to 8 Actual cost As an incentive to customers within an area of plai111ecl reuse expansion, and to allow the city to make as many taps as possible during construc- tion, all taps for three -quarter -inch or one -inch service will be made without charge to those customers applying for service prior to the begin- ning of construction. (d) A customer whose service has been discon- tinued may resume reclaimed water service after paying any past due amounts and a reconnection fee. The reconnection fee shall be equal to the actual cost of reconnection but in no case shall be less than thirty dollars ($30.00). (e) Where service has been disconnected for a violation of an ordinance or regulation regarding reclaimed water, such service shall not be recon- nected until the city manager receives adequate assurance and guarantees that such a violation will not recur. (Ord. No. 443, § 1(3), 1-M% Ord. No. 609, § I, 1-8-96; Ord. No. 2002-20, § 5, 6-24-02) Cross reference —Wastewater user charge schedule, § 19- 102. sec. 19439. Promulgation and enforcement of service procedures and reg- ulations. (a) The city manager shall have the power to promulgate procedures and regulations with re- spect to the following matters which procedures UTILITIES and regulations shall become effective upon reso- lution approving same being adopted by city com- mission: (1) Application procedures and requirements; (2) Installation requirements including spec- ifications of acceptable materials, devices and regulations to help prevent backflow or cross -connection with other systems; (3) Procedures for the orderly expansion of the reclaimed water system; (4) Procedures for enforcement of the ordi- nances and regulations pertaining to re- claimed water including procedures for inspection of the customers system; and (5) Procedures and regulations for the effi- cient operation of the reclaimed water system. (b) Notwithstanding the foregoing, the city man- ager may, when necessary for the efficient opera- tion of the reclaimed water system or for the health or safety of the general public or the customer, establish regulations regarding the fol- lowing matters which regulations shall be effec- tive at the time and regarding: (1) The time(s) of day or night during which the reclaimed water may be used by cus- tomers; and (2) The maximum rate of use of the reclaimed water. (c) No persons shall construct, operate, main- tain or allow to remain present on property owned or controlled by him, any device or system which is connected to the city's reclaimed water system and which is not in compliance with all provisions of this Code related to reclaimed water and with all procedures and regulations pursuant to this section. The person who owns or controls the property upon which such a noncomplying device or system is found shall be liable to the city for the amount by which the costs associated with the securing and/or the noncomplying device or sys- tem exceeds the cost of a normal discontinuance of service. These excess costs shall constitute a lien against the property upon which the noncom- plying device or system is located. Supp. No. 3 1255 (d) Any customer whose reclaimed water sys- tem is in violation of a city ordinance, regulation, or procedure shall be subject to immediate discon- tinuance of reclaimed water service. Such discon- tinuance of service shall not relieve any person of liability for civil actions or for criminal or munic- ipal ordinance violation prosecution. (e) No person, unless expressly authorized by the city manager or his designee, shall tamper with, work on, or in any way alter or damage any city reclaimed water facility. Tampering or work shall include, but is not limited to opening or closing of valves, or causing of any water to flow from the system. The offending person shall be liable for the cost of all charges attributable to the correction of such tampering, including legal ex- penses, but payment of or correction of such damage shall not relieve the offending person from civil or criminal penalties the city or court of law may impose for a violation of city ordinance. (f) Fees for reclaimed water service shall be applied to the customer's monthly water bill. Payment shall be made in accordance with sec- tion 19-97 of the Code of Ordinances of the City of Winter Springs. (g) No person shall allow any reclaimed water to be consumed by any human being or animal. Additionally, no person shall use reclaimed water for any purpose which would knowingly endanger the health of any person, animal or plant. (Ord. No. 443, § 1(4), 1-M9) Sec. 19-140. Inspection. (a) 1b ensure that the provisions of this article and regulations and procedures are being ob- served, the city reserves the right and privilege of inspecting, removing and/or securing any or all devices installed by the customer which connect to or control the reclaimed water system. (1) Inspection without cause to believe that an ordinance or regulation is being vio- lated shall be at reasonable times and shall not exceed a reasonable frequency. (2) Inspections where there is reasonable cause to believe that an ordinance or regulation is being violated shall be at such times WINTER SPRINGS CODE and shall occur with such frequency as is necessary to establish that an ordinance or regulation is or is not being violated. (b) Each customer of reclaimed water shall, by application, give prior written consent to entry upon his premises, and thereby waives any other written notice for such inspection. Failure of the city to obtain such a written waiver shall not affect the right of the city to proceed pursuant to subsection (a) of this section. (c) Refusing to permit an authorized city agent or employee to enter onto the premises for the purpose of inspecting the customer's reclaimed water system pursuant to this section shall con- stitute a violation of this section and shall be grounds for immediate discontinuance of the re- claimed water service by the city to the subject premises. (Ord. No. 443, § 1(5), 1-9-89) DIVISION 1. GENERALLY DIVISION 2. CROSS -CONNECTION CONTROL, BACKFLOW PREVENTION* The enactment of this division is necessary in accordance with Section 17-555.360(1), (2), and (3), Florida Administrative Code which provides in part "Community Water Systems" shall estab- lish a routine cross -connection control program for the purpose of detecting and preventing cross - connections that create or have the potential to create an imminent and substantial danger to *Editor's note —Ord. No. 493, § 1, adopted July 23, 1990, enacted provisions designated Div. 1, §§ 19-150-19-156. Such provisions have been redesignated as Div. 2 for purposes of classification. However, § 19-150, intent, was omitted from codification. State law reference —Requirement to enact cross -connec- tion control program, Fl. Adm. Code, § 17-555.360(1)—(3). Supp. No. 3 1256 public health. Such program shall be developed using accepted practices of the American Water Works Association guidelines as set forth in the A.W.W.A. manuals M14, "Backflow Prevention and Cross -Connection Control," and "Cross -Con- nections and Backflow Prevention," 2nd Edition. Upon detection of a prohibited cross -connection both community and noncommunity water sys- tems shall either eliminate the cross -connection by installation of an appropriate backflow preven- tion device acceptable to the department, or dis- continue service until the contaminant source is eliminated. (Ord. No. 493, § 1, 7-23-90) trol adopted by reference; conim The city hereby adopts by reference the City of Winter Springs "Manual of Cross -Connection Con- trol." Compliance with the manual is hereby re- quired. (Ord. No. 493, § 1, 7-23-90) Editor's note —The manual adopted by reference in § 19- 151 is not set out at length herein, but is on file and available for inspection in the offices of the city utility director and the city clerk. The city commission may by resolution, period- ically revise the Winter Springs Manual of Cross - Connection Control as may be deemed necessary for the public health, safety and welfare of the users of the city water system or for protection of the utility system, and to effect cost effective implementation of the provisions of the manual. (Ord. No. 493, § 1, 7-23-90) Sec. 19-153. Administration. The city's utility director or his designee shall cause inspections to be made of all properties within the city served by a potable water supply where cross -connection with the potable water supply is deemed possible. The frequency of in- spections and reinspections based on potential health hazards involved shall be as established by the backflow prevention and cross -connection con- UTILITIES trol manual, and in no case shall be less than once a year. Fees and charges shall be as set forth in the city's cross -connection control manual. (Ord. No. 493, § 1, 7-23-90) Sec. 19-154. Inspection and testing, right of access. Duly authorized employees of the city shall be permitted reasonable access to any building, struc- ture, or property served by a connection to public potable water supply within the city, for the purpose of inspecting the piping system or sys- tems. The refusal of such access when requested may result in the discontinuance of service. (Ord. No. 493, § 1, 7-23-90) Sec. 19-155. Installation, testing and main- tenance of backflow prevention devices. Public potable water system customers shall bear all expenses of installing, testing and main- taining the backflow prevention device. Installa- tion, testing, maintenance, and repair of backflow prevention devices shall be performed by certified personnel approved by the city's utility depart- ment. Copies of all testing, maintenance, and repair records shall be sent to the city's utility department immediately after work is performed. A record of all backflow prevention device instal- lations, testings and repairs within the city shall be kept on file and up to date by the city's utility department. (Ord. No. 493, § 1, 7-23-90) Sec. 19-156. Cross -connection violations and penalties. Any person or customer found guilty of violat- ing any [provision] of this division or any written order of the city or pursuance thereof, shall be guilty of a misdemeanor punishable by either a fine of not more than five hundred dollars ($500.00) or not more than ninety (90) days' jail sentence, or both for each and every day that such violation continues. (Ord. No. 493, § 1, 7-23-90) Secs. 19-157-19-160. Reserved. Supp. No. 3 1257 ARTICLE V. STORMWATER MANAGEMENT UTILITY Sec. 19a Title. § 19-1oz This Article V shall be known and maybe cited as the "Stormwater Management Utility" article and the provisions hereof shall pertain to all lands within the City of Winter Springs except as is otherwise herein provided. (Ord. No. 521, § 1, 7-27-92) Sec. 19-162. Definitions. For the purpose of this article, the following definitions shall apply; words used in the singular shall include the plural, and the plural, the sin- gular; words used in the present tense shall include the future tense. The word "shall" is mandatory and not discretionary. The word "may" is permissive. Words not defined herein shall be construed to have the meaning given by common and ordinary use. City shall mean the City of Winter Springs. Developed property shall mean any parcel which contains impervious area. Director shall mean the director of the Stormwater management utility. Dwelling unit shall mean any single residen- tial space identified for habitation by persons and including permanent provisions for living, sleep- ing, eating, cooking and sanitation or as classified by the City Building Code, including, but not limited to: residential rooms or combination of rooms designed to be occupied on a permanent or long-term basis not otherwise defined as a hotel or motel; apartment units; condominium units; multi -family units and prepared mobile home spaces. Multi -unit residential structures or com- plexes shall be deemed to consist of multiple dwelling units, regardless of whether or not such are served by a single water or sewer connection. Boarding houses and rooming houses as else- where defined in this Code shall constitute one (1) equivalent single-family residential unit. Equivalent residential unit (ERU) shall mean the statistical average impervious area of residen- tial developed property per dwelling unit within § 19462 WINTER SPRINGS CODE the city. The numerical value of one (1) ERU shall be an impervious area that shall be adopted by the city commission in the rate resolution. Impervious area means roofed and paved areas including, but not limited to, areas covered by roofs, roof extensions, slabs, patios, porches, drive- way, sidewalks, parking areas, athletic courts/ areas and roadways. Nonresidenti¢l property shall mean developed property that is classified by the property ap- praiser as land use types 10 through 99 under the Florida Department of Revenue Land Use Codes, as may be amended from time to time, and shall be deemed to include, but not be limited to, dormitories, hospitals, nursing homes, sanitari- ums, recreational vehicle spaces, hotels and mo- tels. Any property that contains both residential and nonresidential facilities shall be treated as the type property that will result in the larger number of equivalent residential units (ERU's). 1' l4;^i7.41^T't✓,^.� ejrx",yn1+iy ^A property which has the majority use as a resi- dence and is so classified by the Seminole County property appraiser. Stormwater management system means the system by which the city manages and controls stormwater within the city. The system includes management services such as designing, permit- ting, planning and reviewing stormwater related infrastructure; and the operation, maintenance, repair and replacement and improvement of said infrastructure consistent with the capital improve- ments and stormwater management elements of the city's comprehensive plan. Stormwater management utility fee means a non ad valorem assessment benefiting developed property parcels. (Ord. No. 521, § 21 7-27-92) (a) A stormwater management utility fee (the "fee"), is hereby created and imposed on all devel- oped property within the city for services and facilities provided by the stormwater manage- ment system. The developed property owner is Supp. No. 3 1258 responsible for payment of the fee. For the pur- poses of imposing the fee, all developed property within the city shall be classified either as: (1) Residential developed property) or (2) Nonresidential developed property. (b) The city manager or his designee shall obtain a list each year from the Seminole County property appraiser of property within the city and shall assign each parcel a classification of residen- tial developed property or nonresidential devel- oped property. (Ord. No. 721, § 3, 7-27-92) (a) The stormwater management utility fee an be i'turee doiiars antwenty-nve cents k4)6,ZS) per ERU, and shall be calculated for each devel- oped property as follows: (1) The fee for residential developed property is the rate for one (1) ERU multiplied by the number of dwelling units existing on the property. That is, Fee = ERU x num- ber of Dwelling Units. (2) The fee for nonresidential property is the rate for one (1) ERU multiplied by the numerical factor. The numerical factor is obtained by dividing the total impervious area in square feet of the nonresidential property by the square footage for one (1) ERU as set forth in the rate resolution. The resulting calculation is, Fee = ERU rate x (parcel impervious area expressed in square feet/the square footage for one (1) ERU). (b) The minimum fee for developed property, whether residential or nonresidential, is equal to the rate for one (1) ERU, subject to reduction as set forth in subparagraph (c) below. (c) Facility credit. (1) In order to encourage the improvement of the quality of stormwater runoff, a reduc- tion in the stormwater management util- ity fee is authorized for those developed properties which have a stormwater man- UTILITIES agement facility designed and constructed for the purpose of stormwater pollution reduction. (2) A reduction in the fee is allowed for a particular developed property only if the stormwater runoff from the property is treated by a stormwater management fa- cility that has been designed, constructed and is maintained properly for the pur- pose of stormwater pollution reduction. If it is determined by the director that the stormwater management facility has not been, or is not currently being, properly maintained as designed, the director may disallow the on -site stormwater quality management facility credit. (3) For applicable properties as determined by the director, the fee shall be reduced by twenty-five (25) percent. The reduced fee will, therefore, be calculated as the fee pursuant to the rate resolution multiplied by the factor of 0.75 (fee x 0.75). (Ord. No. 521, § 4, 7-27-92; Ord. No. 2002-20, § E, 6-24-02) Sec. 19-165. Billing, payment, penalties and enforcement. (a) Statements for the stormwater manage- ment utility fee shall be rendered monthly in accordance with a monthly billing cycle adminis- tered by the city for all properties subject to the be. Only developed property shall be subject to the fee. (b) The stormwater management utility fee is for services furnished to the developed property and the fee therefore must be paid by the property owner. If the property is tenant -occupied, the property owner may request that the city bill the tenant for such fee. Such instructions shall be in writing. If the property is tenant -occupied and the tenant is to be billed for such fee, any delinquent be shall be charged against any utility deposit then held by the city. If the tenant fails to pay the be, the property owner shall remain liable for the fee. (c) Any fee remaining unpaid on a developed property for ninety (90) days shall constitute a lien in favor of the city against said property, and Supp. No. 3 1059 § ss the city attorney is authorized and directed to record a lien for such unpaid fee in the public records of Seminole County, Florida. Such lien shall be superior in dignity to any encumbrances on the said property, whether occurring prior to or subsequent to such lien being recorded, except for tax liens, and may be foreclosed by the city as provided by law. (d) Statements for the stormwater manage- ment utility fee shall be payable at the same time anI in the same manner and subject to the same penalties as they are otherwise set forth for other utility fees administered by the city. The property owner will be notified of any delinquency in the payment of the stormwater management utility fee in the same manner that delinquent water and sewer bills are notified, and the failure to pay such fee as is otherwise provided in the statement shall subject the property to the discontinuance of water and sewer services and shall subject the owner of the developed property to all other penalties and charges available under the law relative to the discontinuance of such utility ser- vices. (e) The owner of developed property that is not served by city water and sewer shall not be required to pay the city a stormwater manage- ment utility fee deposit. (fl The administrative appeal and hearing pro- cedure applicable to the discontinuance of utility services shall be applicable to the discontinuance of such services for the nonpayment of the stormwater management utility fee. (Ord. No. 521, § 5, 7-27-92; Ord. No. 702, § IX, 6-8-98) Sec. 19-166. Adjustment of fees. (a) Any owner, tenant or occupant who has paid the fee assessed against his property and who believes that the fee is in error may, subject to the limitations set forth in this section, submit an adjustment request to the city manager. (1) Adjustment requests shall be made in writing and shall set forth in detail the grounds upon which the request is made. (2) The city manager shall review the adjust- ment request within ninety (90) days of WINTER SPRINGS CODE the submittal of the request and shall respond in writing to the applicant, either denying or granting the request with the reasons therefore stated in such response. (3) The rate adjustment, if granted, will ap- ply retroactively to the date on which the erroneous information was applied to the applicant's fee, but not to exceed one (1) year prior to the adjustment request. (4) If this adjustment is denied, the applicant may, within thirty (30) days of the receipt of the denial, petition for a review of the adjustment request by the city commis- sion. The city commission shall review the adjustment request in accordance with the provisions set forth in this article as well as Clip evidenee nrnvidad in tha nrirr- inal adjustment request and supplemen- tal evidence requested by the city man- ager or provided by the applicant prior to the decision made by the city manager. Within sixty (60) days after applicant files the petition, the city commission shall, in writing, either grant or deny the petition. If the petition is granted, the city man- ager will apply the adjustment to the fee for the requesting customer for the retro- active period identified by the city com- mission. If the petition is denied, the petitioner may appeal to circuit court, provided said appeal is filed within thirty (30) days after the commission renders its decision. (b) The city manager, upon discovering an er- ror or oversight in the calculation of the fee, may initiate an adjustment request. The request must be made in writing documenting the reasons for the adjustment. In the event that the adjustment would require an increase in the fee, the city manager must provide the adjustment request to the affected fee payer thirty (30) days prior to adjusting the fee and offer the fee payer an opportunity within the stated thirty (30) days to request an adjustment pursuant to the provisions of subsection (a) above. An increase or decrease in fee shall not be retroactively effective more than one (1) year from the date of adjustment. (Ord. No. 521, § 62 7-27-92) S11pp. No. 3 1260 tormwater management ity funds (a) There shall be established a stormwater management utility fund (the "fund") for the deposit of all fees collected pursuant to this arti- cle. The fund shall be used exclusively to pay for costs associated with the stormwater manage- ment system, including, but not limited to: (1) Operation and maintenance of stormwater management facilities under the jurisdic- tion of the city; (2) Costs for the evaluation of stormwater management facilities under the jurisdic- tion of the city; (3) Administrative costs related to the man- agement of stormwater management sys- Gti w, (4) Management services such as permit re- view and planning and development re- view related to the stormwater manage- inerat sysceiri; aid (5) Debt service financing of capital improve- ments related to the stormwater manage- ment system. (Ord. No. 521, § 7, 7-27-92) Sec. 19-200. Intent and purpose. It is the intent and purpose of this article to protect the water resources of the city from the harmful effects of overutilization during period of water shortage and allocate available water sup- plies, including by assisting the St. Johns River Water Management District in the implementa- tion of its water shortage plan and the city creat- ing, its own water shortage plan. (Ord. No. 2001-11, § 1, 3-26-01) Sec. 19-201. Definitions. For the purpose of this article the following terms, phrases, words, and their derivatives shall have the meaning described below, unless the UTILITIES context clearly indicates otherwise. The word "shall" is always mandatory and not merely direc- tory. District is the St. Johns River Water Manage- ment District. Person is any person, firm, partnership, asso- ciation, corporation, company, or organization of any kind. Water resource means any and all water on or beneath the surface of the ground, including nat- ural or artificial watercourses, lakes, ponds, or diffused surface water, and water percolating, standing, or flowing beneath the surface of the ground and reclaimed water. Water shortage condition is when sufficient water is not available to meet present or antici- pated needs of persons using the water resource, or when conditions are such as to require tempo- rary reduction in total water usage within a particular area to protect the water resource from serious harm. A water shortage condition may occur due to drought, contamination, damaged water facilities, natural disaster, or any other situation having an adverse effect on the water resource. (Ord. No. 2001-11, § 1, 3-26-01) Sec. 19-202. Application of this article. The provisions of this article shall apply within the city and to all persons using the water re- sources within the city boundaries subject to the "water shortage condition," as determined by the district and the city commission, whether from public or privately owned water utility systems, private wells, or private connection with surface water bodies. (Ord. No. 200141, § 1, 3-26-01) Sec. 19-203. Implementation. The provisions of this article shall be imple- mented by adoption of a resolution by the city commission, declaring an emergency water short- age condition exists. Adoption of the resolution shall be coordinated with the district and sup- Supp. No. 3 1261 § 19-204 ported by appropriate findings which establish the existence of an emergency water shortage condition such as, for example: (1) A declaration by the district that an emer- gency water shortage condition exists af- fecting the city; or (2) The city commission, after consultation and advice from the utilities department, determines that an emergency water short- age condition exists and that appropriate measures be taken to alleviate the water shortage or other water condition requir- ing emergency action. (Ord. No. 2001-11, § 1, M6-01) Sec. 19-204. Water uses, surcharges and fac- tors considered. Upon determination that an emergency condi- tion of water shortage exists, the city commission may order the restriction or curtailment of the use of water resources to the extent necessary to alleviate the water shortage and may implement any or all of the following: (1) Uses of water resources which may be restricted or curtailed include, but are not limited to, the following: a. The sprinkling, watering, or irrigat- ing of shrubbery, trees, lawns, grass, ground covers, plants, vines, gar- dens, vegetables, including the spec- ification of certain days, hours or periods of time, as well as place limitations, when lawns and shrub- bery may be watered; b. The washing of automobiles, trucks, trailers, mobile homes, campers, boats, railroad cars, airplanes, or other type of mobile equipment; ex- cept bona fide business enterprises where vehicle washing is done; c. The washing of sidewalks, walk- ways, driveways, parking lots, ten- nis courts, filling station aprons, porches, exterior of homes, apart- ments, office buildings or other out- door hard -surface areas; WINTER SPRINGS CODE d. The washing of any business or in- dustrial equipment and machinery, except where required by public health; e. The operation of any oz°namental fountain or other structure using water without a recirculating sys- tem; f. The operation of swimming and wad- ing pools not using a filter and recir- culating system; and g. The escape of water through defec- tive plumbing, when it is known or reasonably should be known that water is escaping through the sys- tem that is in disrepair. (2) Businesses and industries may be re- stricted to the minimum amount of water necessary to conduct operations and may be required to curtail or prohibit any use of water including, but not limited to: a. The use of water to serve a customer in a restaurant unless requested by a customer; b. The use of water for the expansion of commercial nursery facilities; c. The use of water from hydrants for construction purposes, fire drills, or any purpose other than fire -fighting; d. The use of water to put new agricul- tural land into production; e. The use of water by a golf course; and f. The use of water for dust control. (3) Extension of water service. Approval of applications to the city -owned utility to begin a new use or modify an existing use, requiring water service connections, meters, service lines, pipeline extensions, mains, or other water service facilities of any kind may be withheld, while the water shortage is in effect subject to ex- ceptions specified in section 19-206. (4) Surcharges may be imposed by the city commission on customers of the city - owned utility. Supp. No. 3 1262 (5) The city commission may consider the following factors in determining the mea- sures to reduce water consumption: a. The severity of the drought; b. The specific measures required by the district and/or utility depart- ment. c. The extent that the city -owned pota- ble or reclaimed utility is not supply- ing the demand of the service; d. The severity of salt water intrusion; e. The availability of potable water; and f. Any other competent, relevant data. (Ord. No. 2001-11, § 1, 3-26-01) (a) Each police officer of the city police depart- ment and city code enforcement officer shall, in cowedulua with hishier duties imposed by law, diligently enforce the provisions of this article. (b) The city manager may designate other em- ployees of the city to assist in the enforcement of this article including, but not limited to, employ- ees of the utility department and fire department. Any designated employees shall have the duty and are hereby authorized to enforce the provi- sions of this article and shall have the power to issue written warning notices, and/or citations as set for in section 2-69 et seq. of the Code of Ordinances. A violation of this article shall be subject to fines and penalties prescribed at sec- tion 19-207 below. (Ord. No..2001-11, § 1, 3-26-01) Sec. 19-206. Exceptions. (a) The city commission upon recommendation of the county health department, utility depart- ment, or upon its own motion, shall have the authority to permit a reasonable use of water in any case determined necessary to maintain ade- quate health and sanitation standards. (b) The city manager or designee thereof shall have the authority to permit a reasonable use of water in any case determined necessary to pre- UTILITIES serve and protect property for aesthetic values of the community or for planned activities and sport- ing events. (1) In making this determination, the city manager or designee thereof shall con- sider the following: a. Severity of drought; b. Anticipated length of drought; c. Availability of potable water; d. Length of proposed exemption; and e. Magnitude of proposed exemption (i.e. quantity of water) (2) In granting an exemption pursuant to this section, the city manager or designee thereof may prescribe appropriate condi- tions and safeguards in conformity with this article. (Ord. No. 2001-11, § 1, 3-26-01) Sec. 19-207. Penalties. Any person violating any provision of this article which shall be implemented by adoption of a resolution shall, upon conviction, be punished as follows, and shall also be responsible for reim- bursing the city reasonable attorneys' fees and costs incurred in correcting the violation. A sepa- rate offense shall be deemed committed for each day during which a violation, disobedience, omis- sion, neglect or refusal shall continue: (1) 1st violation: Warning. (2) 2nd violation: $50.00 fine. (3) 3rd violation: $150.00 fine (4) Subsequent viola- Fine not to exceed tions: $500.00 and/or im- prisonment in the county jail not to exceed 50 days. Violators may only receive one (1) written warn- ing. The city, in addition to the civil and criminal sanctions contained herein, may take any other appropriate legal action, including but not limited to emergency injunctive action, to enforce the provisions of this article. If a person chooses to contest the citation and is unsuccessful in such Supp. No. 3 1263 § 19-300 contest, the person shall reimburse the city for its attorneys' fees and costs incurred in prosecuting the violator before any court of competent juris- diction. A separate offense shall be deemed com- mitted for each day during which a violation, disobedience, omission, neglect or refusal shall continue. (Ord. No. 2001-11, § 1, 3-26-01) Sec. 19-208. Water use constitutes accep- tance of provisions of article. The acceptance .of water service from the city and withdrawal from any water resource servic- ing property located within the city shall be in itself the acceptance of the provisions hereof. (Ord. No. 200141, § 1, 3-26-01) Secs. 19-209-19-250. Reserved. ARTICLE VII. RESERVED Secs. 19-251-19-299. Reserved. ARTICLE VIII. UTILITY PROTECTION AND ENFORCEMENT Sec. 19-300. Utility meters to be furnished by and remain property of city; all water must pass through meter. (a) All primary utility meters furnished, read and serviced by the city shall remain the property of the city and shall be accessible and subject to its control. The customer shall provide meter space to the city at a suitable and readily acces- sible location satisfactory to the city. (b) That portion of the customer's installation for water service shall be so arranged that all water service shall pass through the meter. No temporary pipes, nipples or spacers are permitted and under no circumstances are connections al- lowed which may permit water to bypass the meter or metering equipment. (Ord. No. 2002-22, § 3, 7-22-02) WINTER SPRINGS CODE employees,agents or (a) Duly authorized agents and employees of the city bearing proper credentials and identifica- tion shall, during daylight hours or if called out after dark for emergency service, have free access to any city utility facility for the purpose of examining and maintaining the condition of city utility facilities, fixtures, service pipe lines, and such other purposes as may be proper to protect the interest of the city's utility system or reading or repairing any city utility meters located thereon, or turning the supply of water or such other city -provided utility to the premises off or on. (b) The owner or occupant of any premises is prohibited fi om permitting any shrubbery or other obstruction to be or remain situated in such place that it interferes with access by duly authorized employees or agents of the city to city utility facilities. The owner or occupant of any premises shall also be prohibited from permitting any dog Uk (Ane ` a111 nal I.11lllef Ullell' ewitl°Ol to intellel'e with such access. (c) If access to any city utility facility for the purposes herein described is impaired or denied, the city shall be authorized to discontinue supply- ing water or such other city -provided utility to the premises upon which such impairment or denial of access occurs. Such services shall be discontin- ued until such time access is allowed and the city has completed the examination required by this section. (Ord. No. 2002-22, § 3, 7-22-02) Sec. 19-302. Tampering with city utility sys- tem. (a) It shall be unlawful for any person to tamper, interfere, or in any way intermeddle with any city utility facility, including the city's water and sewer treatment plants, wells, reservoirs, or basins, or with utility mains, pipes, plugs, meters, lift stations, or connections inside or outside of the city limits. (b) Replacement costs due to damages from tampering with the city's utility system by any person other than a city employee or duly autho- rized agent will be the responsibility of the person causing the damage or the customer, if said dam- age occurs on the customer's property. If a cus- tomer connects to a city utility which requires a city -supplied meter registering the consumption, and the customer uses the utility without such a meter, service will be terminated and the cus- tomer will be responsible for paying for the ser- vice received and reimbursing the city for all charges incurred in terminating the service. (Ord. No. 2002-22, § 3, 7-22-02) It shall be unlawful for any person to enter upon or remain on any property used by the city for its utility facilities that are segregated, con- trolled and secured exclusively by the city, such as the water and wastewater treatment plants. The facilifiAq mar aridiiinnally ha nn@.forl wifh nn frpo�_ passing signs and/or fenced. (Ord. No. 2002-22, § 3, 7-22-02) Any violation of this Article maybe enforced by I citation under section 2466 et seq. of the City Code, as a Class IV violation, or as otherwise provided by law. (Ord. No. 2002-22, § 3, 7-22-02) Supp. No. 3 1264 [The next page is 13051 Chapter 20 ZONING* Article I. In General Sec. 20-1. Definitions. Sec. 20-2. Basis for regulations and requirements herein set forth. Sec. 20-3. Purpose. Sec. 204. Scope. Sec. 20-5. Interpretation, purpose and conflict. Sec. 20-6. Penalty. Secs. 20-7-20-25. Reserved, Article II. Administration Division 1. Generally Sec. 20-26. Reserved. C. 20-27. Action of the city commission. Sec. 20-28. Actions to alter, etc. Secs. 20-29-20-50. Reserved. Division 2. Planning and Zoning Board Sec. 20-51. Created. Sec. 20-52. Composition, appointment of members. Sec. 20-53. Term; filling vacancies; removal of members. Sec. 20-54. Reserved. Sec. 20-55. Compensation; allowances for expenses incurred in performance of duties. Sec. 20Z6. Meetings; quorum; records to be kept. Sec. 20-57. Duties; general. Sec. 20-58. Assistants. Sec. 20-59. Recommendations. Secs. 20-60-20-75. Reserved. Division 3. Board of Adjustment Sec. 20-76. Creation. Sec. 20-77. Composition, appointment of members. Sec. 20-78. Term; filling vacancies; removal of members. Sec. 20-79. Reserved. Sec. 20-80. Compensation; allowances for expenses incurred in performance of duties. Sec. 20-81. Meetings; quorums; records to be kept. Sec. 20-82. Duties and powers; general. *Cross references=Code enforcement board to enforce certain ordinances of the city, § 2-56 et seq.; beautification board, § 2-76 et seq.; annexations and rezonings, § 2-116 et limitation on the number of dogs and cats permitted, § 4-2; arboreal standards of the City of Winter Springs, Ch. 5; regulations regarding landscaping applicable to privately held property, § 5-3; buildings and building regulations, Ch. 6; regulations regarding fences, walls, hedges, etc., § 6-186 et seq.; limitations on obstruction of clear vision when adjacent to street, intersection, etc., § 6491 et seq.; required distance of fences or hedges from property line established, § 6-193; swimming pools, § 6-211 et seq.; setback requirements for swimming pools, § 6-219; fire hydrant requirements, placement and maintenance, § 746 et seq.; flood damage prevention, Ch. 8; land development, Ch. 9; off-street parking and loading requirements, § 9-276 et seq.; uniform building numbering system, § 9-370 et seq.; development impact fees, § 9-386 et seq.; adult entertainment regulations in commercial establishments, § 10-86 et seq.; planning, Ch. 15; comprehensive plan, § 15-26 et seq.; signs and advertising, Ch. 16; streets, sidewalks and other public places, Ch. 17. Supp. No. 3 1305 WINTER SPRINGS CODE Sec. 20-83. Procedures. Sec. 20-84. Reserved. Secs. 20-85-20-100. Reserved, Article III. Establishment of Districts Division 1. Generally Sec. 20-101. Division of city. Sec. 20-102. Official zoning map, working maps and procedures. Sec. 20-103. Restrictions upon lands, buildings and structures. Sec. 20-104. Changes and amendments. Secs. 20405-20-120. Reserved, Division 2. R-lAAA Single -Family Dwelling Districts Sec. 20-121. Designation. Sec. 20422. Uses permitted. Sec. 20-123. Conditional uses. Sec. 20-124. Building height regulations. Sec. 20-125. Buildinw area regulations. Sec. 20426. Front, rear and side yard regulations. Sec. 20-127. Lot coverage. Sec. 20-128. Off-street parking regulations. Secs. 20-129-20440, Reserved, Division 3. R-CI Single -Family Dwelling District Sec. 20-141. Designation, Sec. 20-142. Uses permitted. Sec. 20443. Conditional uses. Sec. 20-144. Building height regulations. Sec. 20-145. Building area regulations, Sec. 20446. Front, rear and side yard regulations. Sec. 20-147. Lot coverage. Sec. 20-148. Off-street parking regulations. Secs. 20449-20-160. Reserved, Division 4. R-lAA and R-lA One -Family Dwelling Districts Sec. 20-161. Designation. Sec. 20-162. Uses permitted. Sec. 20-163. Conditional uses. Sec. 20-164. Building height regulations. Sec. 20-165. Building area regulations. Sec. 20-166. Front, rear and side yard regulations. Sec. 20-167. Lot coverage. Sec. 20-168. Use, area and yard exceptions. Sec. 20-169. Off-street parking regulations. Secs. 20-170-20-180. Reserved. Division 5. R-i One -Family Dwelling Districts Sec. 20-181. In general. Sec. 20-182. Uses permitted. Sec. 20-183. Conditional uses. Sec. 20-184. Building height regulations. Sec. 20-185. Building site area regulations. Sec. 20-186. Front, rear and side yard regulations. Supp. No. 3 1306 ZONING C. 20-187. Lot coverage. Sec. 20-188. Use, area and yard exceptions. Sec. 20489. Off-street parking regulations. Secs. 20490-20-205. 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. Nonconforming uses. 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 Rural 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 Trailer Home Districts Sec. 20-291. Description of district. Supp. No. 3 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 Park 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. Division 12. Town Center District Code Sec. 20-320. Intent. Sec. 20-321. Administration. Sec. 20-322. Definitions. Sec. 20-323. Permitted uses. Sec. 20-324. General provisions. Sec. 20-325. Squares, parks, and, street types. Sec. 20-326. Building Elements, Sec. 20-327. Architectural guidelines. Division 13. Greeneway Interchange Zoning District Sec. 20-328. Purpose. Sec. 20-329. General uses and intensities. Sec. 20-330. Permitted uses, conditional uses, accessory uses and structures, prohibited uses. Sec. 20-331. Building height. Sec. 20-332. Setbacks. Sec. 20-333. Land coverage. Sec. 20-334. Off-street parking and driveway requirements. Sec. 20-335. Landscaping. Sec. 20-336. Buffers and walls. Sec. 20-337. Signs. Sec. 20-338. Utility lines. Sec. 20-339. Cross -access easements. Sec. 20-340. Building and screening design guidelines. Sec. 20-341. Developer's agreement. 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. 3 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. Time restrictions on approval. Sec. 20-389. Appeal, Secs. 20-390-20410. Reserved, Article V Supplemental District Regulations Division 1. Generally Sec. 20-411. Trailers in residential areas. Sec. 20-412. Trailer uses. Sec. 20413. Animals. Sec. 20-414. Exceptions. Sec. 20-415. Kennels. Sec. 20416. Kennel zoning. Sec. 20417. Residential wall buffers required. Sec. 20418. Gasoline stations. Secs. 20-419-20430. Reserved. Division 2. Motor Vehicles Sec. 20-431. Parking, storage or maintenance of certain vehicles prohibited in residentially zoned districts. Sec. 20432. Commercial vehicles defined. Sec. 20433. Storage, repair, etc., of disabled motor vehicles; approved. Sec. 20-434. Authorized commercial vehicles in residential areas. Sec. 20435. Authorized commercial vehicles in residentially zoned districts. Sec. 20-436. Authorized commercial vehicles -Limited -term parking permits. Sec. 20437. Exempted vehicles. Secs. 20-438-20-450. Reserved. Supp, No. 3 1309 WINTER SPRINGS CODE sion 3. Siting and Regulation of Telecommunications Towers Sec. 20-451. Telecommunications towers. Secs. 20452-20460. Reserved. Article VI. S.gi. 434 Corridor `7ision Plan Division 1. S.R. 434 Corridor Overlay District Sec. 20-461. Intent. Sec. 20462. Creation. Division 2. General Design Standards for New Development Area Sec. 20-463. Applicability to new development overlay zoning district. Sec. 20464. Building height. Sec. 20465. Setbacks. Sec. 20-466. Land coverage. Sec. 20-467. Off-street parking and driveway requirements. Sec. 20468. Landscaping. Sec. 20469. Buffers and walls. Sec. 20471. Utility lines. Sec. 20-472. Corridor access management. Sec. 20473. Building and screening design guidelines. Sec. 20-474. Development agreement. :Sec. 20-475. Corridor design relviel*v board. Secs. 20-476-20479. Reserved. Division 3. General Design Standards for Redevelopment Area Sec. 20-480. Applicability to redevelopment overlay zoning district. Sec. 20-481. Building height. Sec. 20-482. Setbacks. Sec. 20-483. Off-street parking and driveway requirements. Sec. 20-484. Landscaping. Sec. 20-485. Buffers and walls. Sec. 20486. Signs. Sec. 20-487. Utility lines. Sec. 20-488. Corridor access management. Sec. 20-489. Building and screening design guidelines. Sec. 20490. Development agreement. Sec. 20491. Corridor design review board. Secs. 20-492-20-500. Reserved. Division 4. Reserved Supp. No. 3 1310 ZONING ered porches. On corner lots, the front yard shall be considered as parallel to the street upon which the lot has its dimension. Yard, rear. A yard extending across the rear of a lot between the sidelines of lots and being the minimum horizontal distance between the rear of the principal building or any projections thereof other than the projection of uncovered steps, balconies or porches. On all corner lots, the rear yard shall be at the opposite end of the lot from the front yard. Yard, side. A yard between the principal build- ing and the sideline of a lot and extending from the front lot line to the rear yard and being the minimum horizontal distance between a side lot line and the side of the principal building or any projection thereto. (Ord. No. 44, § 44.24, 1-8-68; Ord. No. 675, 12-8- M Cross reference —Definitions and rules of construction generally, § 1-2. Sec. 20-2. Basis for regulations and require- ments herein set forth. The regulations and requirements herein set foAli have been made in accordance with a com- prehensive plan, with reasonable consideration, among other things, to the prevailing land uses, growth characteristics and the character of the respective districts and their peculiar suitability for particular uses and to encourage the most appropriate use of land throughout the city. (Ord. No. 44, § 44.012 1-8-68) Sec. 20-3. Purpose. In their interpretation and application, the provisions of this chapter shall be the minimum requirements to promote the public health, mor- als, safety and general welfare; to conserve the taxable value of land and buildings and to protect the character and maintain the stability of resi- dential, business and industrial areas within the city and to promote the orderly and beneficial development of such areas. Among other pur- poses, such provisions are intended to provide adequate light, air, privacy and convenience of access to property, to avoid undue concentration of population by regulating and limiting the height Supp. No. 3 1015 and bulk of buildings; the size and open spaces surrounding buildings; to establish building lines, to divide the city into districts restricting and regulating therein the construction, reconstruc- tion, alteration and use of buildings, structures and land for residence, business, industrial and other specified uses; to limit congestion in the public streets by providing off-street parking of motor vehicles; and to define the powers of the administrative officers of the planning and zoning board as provided herein. (Ord. No. 44, § 44.02, 1-8-68) Sec. 20-4. Scope. This chapter is not intended to repeal, change, abrogate, annul or in any way impair or interfere with the provisions of other laws or ordinances existing on the effective date of the ordinance from which this section was derived, except those specifically repealed or any private restrictions placed on property by covenant, deed or other private agreement. Where this chapter imposes a greater restriction upon the use of buildings or land or upon the height of buildings or lot cover- age, or require greater lot areas, larger yards or other open spaces than are imposed or required by such existing provisions of law or ordinance or by such rules, regulations or permits or by such private restrictions, the provisions of this chapter shall control. (Ord. No. 44, § 44.03, 1-8-68) Sec. 20-5. Interpretation, purpose and con- flict. In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the public health, safety, morals and general welfare of the community. It is not intended by this chapter to interfere with, abrogate or annul any lawful ease- ments, covenants, or other agreements between parties; provided, however, that where this chap- ter imposes a greater restriction upon the use of buildings or premises or upon the heights of buildings, or requires larger open spaces than are imposed or required by other ordinances, rules, WINTER SPRINGS CODE regulations or by lawful easements, covenants or agreements, the provisions of this chapter shall control. (Ord. No. 44, § 44.88, 1-8-68) Any person violating or failing to comply with the terms and provisions specified herein upon conviction and at the discretion of the court may be fined, imprisoned or both as deemed appropri- ate by the court. Each day that a violation is permitted to exist shall constitute a separate offense. (Ord. No. 44, § 44.87, 1-8-68; Ord. No. 367, § 21 541-87) Secs. 20-7-20-25. Reserved. DIVISION 1. GENERALLY Sec. 20-26. Reserved. Editor's note —Ord. No. 2000-19, § 2, adopted Sept. 25, 2000, repealed former § 20-26 in its entirety which pertained to amendments and alterations to zoning ordinances and derived from Ord. No. 44, § 44.14, 1-8-68; Ord. No. 156, § 2, 942-77. Sec. 20-27. Action of the city commission. Action of the city commission shall be by ordi- nance duly passed and shall be spread upon the minutes of the city. (Ord. No. 44, § 44.15, 1-8-68; Ord. No. 156, § 21 942-77) Sec. 20-28. Actions to alter, etc. (a) All applications for rezoning within the city shall be presented to the planning and zoning board for their consideration and recommenda- tion to the city commission. Affirmative action by the city commission upon any rezoning applica- tion shall require a public hearing by the city commission. The public hearing before the city commission shall be advertised according to the procedures set forth in F.S. ch. 163 and F.S. ch. 166, as they now exist or as they may be renum- bered or amended. Supp. No. 3 1316 (b) The city commission is authorized to pro- ceed without the recommendations of the plan- ning and zoning board if such recommendations are not forwarded to the city commission within seven (7) days from the date of the planning and zoning board meeting. (c) The city commission shall act on a request for rezoning within six (6) months of receipt of an application by the planning and zoning board from the property owner. If the applicant requests a delay in the rezoning procedures, any such delay that will not permit commission action, after due public notice, within the six-month period of time, shall result in the application becoming null and void. (Ord. No. 44, § 44.16, 1-8-68; Ord. No. 156, § 2, Ca..19_7`7• Ovrl -NTn 91A 99 1 9 t, 19 P0# 0"r] hTn 231, § 11 2-24-81) Secs. 20-29-20-50. Reserved. DIVISION 2. PLANNING AND ZONING BOARD* Sec. 20-51. Created. There is hereby created a planning and zoning board for the city. (Ord. No. 44, § 44.04, 1-8-68) Sec. 20-52. Composition, appointment of members. The planning and zoning board shall consist of five (5) members having designated seats one (1) through five (5) with such numbers corresponding with the commission seat. Each member shall be a citizen and registered voter of the city and each appointment by the respective commission mem- ber occupying the corresponding numbered seat shalI be subject to commission ratification. (Ord. No. 44, § 44.05, 1-8-68; Ord. No. 156, § 2, 9-12-77; Ord. No. 214, §§ 1, 2, 543-80) *Cross reference —Boards, committees, commissions, § 2-41 et seq. ZONING Sec. 20-53. Term; filling vacancies; removal of members. Each member appointed shall serve as pro- vided in Chapter 2 of the City Code. Vacancies on the board may be filled by the commission mem- ber whose seat number corresponds with the vacant planning and zoning board seat subject to commission ratification. If any commissioner fails to appoint a member within two (2) regularly scheduled commission meetings after a vacancy occurs or a term expires, that seat will be filled by the mayor, subject to the ratification by city commission. Members shall be subject to removal from office as provided in Chapter 2 of the City Code. (Ord. No. 44, § 44.06, 1-8-68; Ord. No. 156, § 21 94247; Ord. No. 214, §§ 1, 2, 5-13-80; Ord. No. 259, § 1, 1-26-82; Ord. No. 2002-28, § 5, 9-23-02) Sec. 20-54. Reserved. Editor's note -Ord. No. 2002-28, § 2, adopted Sept. 23, 2002, repealed former section 20 54 in its entirety which pertained to the appointment of the chairman and vice- chairman of the planning and zoning board and derived from Ord. No. 44, § 44.07, 1-8-68; Ord. No. 156, § 2, 9-12-77; Ord. No. 214, §§ 1, 2, 5-13-80. Sec. 20-55. Compensation; allowances for ex- penses incurred in performance of duties. Members of the planning and zoning board of the city shall be reimbursed from the city trea- sury to cover the expenditures naturally and necessarily incurred by them and that such reim- bursement for expenses shall be established by resolution. (Ord. No. 44, § 44.08, 1-8-68; Ord. No. 219, § 1, 7-8-80) Sec. 20-56. Meetings; quorum; records to be kept. The planning and zoning board shall meet at least once each calendar month at a time set by its members. A special meeting may be called at any time by the chairman or any three (3) of its members if the need should arise. Three (3) members shall constitute a quorum. No action by the planning and zoning board, except a vote to adjourn or to continue a matter to a subsequent Supp. No. 3 1317 date, shall be valid or binding unless adopted by affirmative vote of three (3) or more members of the board. Complete records of all proceedings shall be kept. (Ord. No. 44, § 44.09, 1-8-68; Ord. No. 173, § 2, 9-848; Ord. No. 259, § 2, 1-26-82) Sec. 20-57. Duties; general. The planning and zoning board shall serve as the planning and zoning commission. It shall be the duty of the planning and zoning board to recommend to the city commission the boundaries of the various original zoning districts and appro- priate regulations to be enforced therein and any proposed amendments thereto and shall collect data and keep itself informed as to the best practices generally in effect in the matter of city planning and zoning to the end that it may be qualified to act on measures affecting the present and future movement of traffic, the segregation of residential and business districts and the conve- nience and safety of persons and property in any way dependent on city planning and zoning. The board shall recommend the boundaries of dis- tricts and appropriate regulations. In addition thereto, the planning and zoning board shall serve as the local land planning agency pursuant to the county comprehensive planning act and the local government comprehensive planning act of the state and the board shall commence such duties on the adoption of the comprehensive plan by the city commission. (Ord. No. 44, § 44.10, 1-8-68; Ord. No. 156, § 2, 9-12-77) Sec. 20-58. Assistants. Expenditures for all professional and clerical assistants employed in connection with the per- formance of the functions of the planning and zoning board shall be within the amounts appro- priated for such purposes. (Ord. No. 44, § 44.12, 1-8-68) Sec. 20-59. Recommendations. The recommendations of the planning and zon- ing board to the city commission shall be in writing and in duplicate, and shall show the estimated cost and the suggested method or meth- WINTER SPRINGS CODE ods of financing. As soon as convenient, after the recommendations are received by the city commis- sion, the city commission shall call for a public hearing regarding the regulation, restriction or boundaries at which parties in interest and citi- zens shall have an opportunity to be heard. Notice of the time, place and purpose of the public hearing shall be published once, no less than fifteen (15) days prior to the time of the hearing in a newspaper of general circulation in the city and notice shall also be posted in three (3) conspicuous places throughout the city. After public hearing, the city commission shall consider and act upon the recommendations of the planning and zoning board and upon completion of action by the com- mission, the city clerk shall return. to the plan- ning and zoning board a copy of the recommenda- tions with the commission's action noted thereon. kUras 1Vo. 44, g 44.1d, 1-t5-bb) Secs. 20-60®20-75. Reserved. DIVISION 3. BOARD OF ADJUSTMENT* Sec. 20-76. Creation. There is hereby created a board of adjustment for the city. (Ord. No. 44, § 44.17, 1-8-68) Sec. 20-77. Composition, appointment of members. The board of adjustment shall consist of five (5) members having designated seats one (1) through five (5) with such numbers corresponding with a commission seat. Each member shall be a citizen and registered voter of the city and each appoint- *Editor's note -Ord. No. 577, § I, adopted Feb. 3, 1995, amended Div. III, §§ 20-76-20-84, of Art. II to provide that the decisions of the board of adjustment shall be recommen- dations to the city commission and that the city commission shall be the final authority for granting or denying requests for variances, special exceptions or other requests pursuant to section 20-82. As Ord. No. 577 did not specify amendatory language, the editor has amended the language of the provi- sions of Div. 3 to conform to the requirements of Ord. No. 577. Cross reference -Boards, committees, commissions, § 2-41 et seq. Supp. No. 3 1318 ment by the respective commission member occu- pying the corresponding numbered seat shall be subject to commission ratification. (Ord. No. 44, § 44.18, 1-8-68; Ord. No. 105, § 1, 7-144; Ord. No. 214, §§ 1, 2, 5-13-80) of members, Each member appointed shall serve for a term as provided in Chapter 2 of the Code of Ordi- nances. Vacancies on the board may be filled by the commission member whose seat number cor- responds with the vacant board of adjustment at, subject to commission ratification. If any commissioner fails to appoint a member within two (2) regularly scheduled commission meetings after a vacancy occurs or a term expires, that seat ll 110 fillnfl 11Ri�a7+1-n inn„n� r„l:� ++,. 4-1 + +;4" tion by city commission. Members shall be subject to removal from office as provided in Chapter 2 of the City Code. (Ord. No. 44, § 44.19, 1-8-68;' Ord. No. 105, § 1, 7-144; Ord. No. 214, §§ 1, 2, 5-13-80; Ord. No. 260, § 1, 1-26-82; Ord. No. 2002-28, § 5, 9-23-02) Sec. 20-79. Reserved. Editor's note -Ord. No. 2002-28, § 5, adopted Sept. 23, 2002, repealed former 20-79 in its entirety which pertained to the chairman and vice-chairman of the board of adjustment anI derived from Ord. No. 44, § 44619.1, 1-8-68; Ord. No. 214, § 2, 5-13-80. Sec. 20-80. Compensation; allowances for ex- penses incurred in performance of duties. Members of the board of adjustment of the city shall be reimbursed from the city treasury to cover the expenditures naturally and necessarily incurred by them and that such reimbursement for expenses shall be established by resolution. (Ord. No. 44, § 44.19.2, 1-8-68; Ord. No. 219, § 2, 7-8-80) Sec. 20-81. Meetings; quorums; records to be kept. The board of adjustment shall meet bimonthly at a time set by its members. A special meeting may be called at any time by the chairman or any three (3) of its members if the need should arise. ZONING § 20-82 Three (3) members shall constitute a quorum. No sonable time limit within which the action by the board of adjustment, except a vote to action for which the special excep- adjourn or to continue a matter to a subsequent tion is required shall be begun or date, shall be valid or binding unless adopted by completed, or both. The board of affirmative vote of three (3) or more members of adjustment may recommend the the board. Complete records of all proceedings granting of special exceptions when shall be kept. the applicant is seeking a minor de. (Ord. No. 44, § 44.20, 1-8-68; Ord. No. 173, § 1, viation from zoning requirements so 9-8-78; Ord. No. 260, § 2, 1-26-82) long as the granting of such special exception does not cause a change of Sec. 20-82. Duties and powers; general. character in the neighborhood, does not constitute a rezoning of the prop - The board of adjustment shall make recommen- erty in question or does not create a dations to the city commission to grant any vari- hardship for any of the adjacent prop- ance or special exception as delineated in this erty. The board of adjustment may chapter. also recommend the granting of spew (1) The board of adjustment shall have the cial exceptions within C-1 neighbor. additional following specific powers and hood commercial districts when the duties: applicant has not sought a use listed in section 20-232, when the use sought a. To hear and make recommendations will not cause an undue hardship to on appeals only where it is alleged the area of the city, will not create a there is error in any order, require- hazard or threat to the health, safety ment, decision or determination made and welfare of the community, will by an administrative official in the generally comply with the character enforcement of any zoning ordinance of the neighborhood and when the or regulations adopted. use is in harmony with the intent of b. To hear and make recommendations the zoning ordinances of the city. to the city commission on special c. To recommend upon appeal such vari- exceptions as authorized under the ance from the terms of this chapter terms of the city's zoning ordinances; as will not be contrary to the public to make recommendations to the city interest where, owing to special con - commission on such questions as are ditions, a literal enforcement of the involved in determining when spew provisions of this chapter will result cial exceptions should be granted; in unnecessary and undue hardship, and to make recommendations to In order to recommend any variance the city commission on special excep- from the terms of this chapter, the tions with appropriate conditions and board of adjustment must and shall safeguards, or to recommend denial find: of special exceptions when not in harmony with the purpose and in- 1. That special conditions and cir- cumstances exist which are pew tent of the zoning regulations. In granting any special exception with culiar to the land, structure or appropriate conditions and safe- building involved and which are guards, violation of such conditions not applicable to other lands, and safeguards, when made a part of structures or buildings in the the terms under which the special same zoning district; exception is granted, shall be deemed 2. That the special conditions and a violation of this chapter. The board circumstances do not result from of adjustment may recommend a rea- the actions of the applicant; Supp. No. 3 1319 § 20-82 WINTER SPRINGS CODE 3. That granting the variance re- quested will not confer on the applicant any special privilege that is denied by this chapter to other lands, buildings or struc- tures in the same zoning dis- trict; 4. That literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this chapter and would work unnecessary hardship on the applicant; 5. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or struc- ture; 6. That the grant of the variance will be in harmony with the general intent and purpose of this chapter, will not be injuri- ous to the neighborhood, or oth- erwise detrimental to the pub- lic welfare. d. To hear and make recommendations on such other matters and issues and give such guidance as may be required by law or requested of it by the city commission. (2) In recommending the granting of any vari- ance, the board of adjustment may recom- mend appropriate conditions and safe- guards. Violations of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter. The board of adjustment may recommend a Supp. No. 3 1320 ZONING DIVISION 7. C-1 NEIGHBORHOOD COMMERCIAL DISTRICTS Sec. 20-231. In general. The C-1 Neighborhood Commercial District consists of lands abutting principal streets, the frontages of which are especially adaptable to selected low -traffic generating uses. Adjoining these lands are residential districts that would be adversely affected by a greater diversification of uses creating serious problems of traffic move- ment and generation. The district is intended for lands suitable for low intense neighborhood com- mercial uses in close proximity to residential districts. The land uses under this district shall promote spaciousness of land use minimize traffic Jong adjacent thoroughfares and within residen- tial districts, promote aesthetic and architectural harmony, attractiveness, and compatibility with nearby residential districts and within the com- munity, and abide by the performance and devel- opment standards of the city, county, state and U.S. government. (Ord. No. 44, § 44.46, 1-8-68; Ord. No. 2002-07, § 4, 7-8-02) Sec. 20-232. Uses permitted. (a) Within any C-1 Neighborhood Commercial District, no building, structure, land or water shall be used except for one (1) or more of the following uses: (1) Administrative public buildings; (2) Advertising agencies; (3) Alcoholic beverage sales (package); (4) Alcoholic beverage on -premises consump- tion; (5) Alterations and tailoring; (6) Antique and gift shop; (7) Appliances; sales and service; (8) Artists' studios; (9) Attorneys; (10) Automotive accessories sales; (11) Bakery, retail; (12) Bathroom accessories; Supp. No. 3 1331 (13) Bicycles, sales and service, (14) Bookstores, stationery, newsstands; (15) Bookkeepers, (16) Bowling alleys; (17) Butcher shop, retail only; (18) Carpets, rugs and linoleum; (19) Car wash; (20) Places of worship; (21) Cleaners; (22) Coin dealers; (23) Computers, hardware and software sales and service; (24) Confectionery and ice cream stores; (25) Dance and music studios; (26) Day nurseries, kindergartens and day care; (27) Drug and sundry stores; (28) Employment agencies; (29) Financial institutions, banks, savings and loan; (30) Florist and gift shops; (31) Mini -mart (convenience store, snack shop and self-service gasoline sales), (32) Furniture, retail, new and used; (33) Grocers, retail; those whose business in- clude and are limited to the retail sale of groceries including produce, meats and household goods but shall not include the sale of gasoline; (34) Gun shop; (35) Hair and beauty salons (including nail salons); (36) Hardware stores; (37) Health food; (38) Hobby and craft shops; (39) Hospitals and nursing homes; (40) Hypnotists; (41) Ice, retail; (42) Insurance; § 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; (55) Pet shops and grooming; (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; plies; (72) Tailoring shops; sales, service and sup- Supp. No. 0 1332 (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, i-i3-82; card, ivo. bly, + 1, '1-6"Vbo Urd. iVo. 2002-079 § 41 7-8-02) Sec. 20-233. Nonconforming uses. (a) The lawful use of a building or structure existing at the time of the passage of this chapter may be continued, although such use does not conform to the provisions of this chapter; and such use may be extended throughout the build- ing provided no structural alterations, except those required by law or ordinance, or ordered by an authorized officer to ensure the safety of the building, are made therein. No such use shall be extended to occupy any land outside such build- ing. If such nonconforming building is removed or the nonconforming use of such building is discon- tinued for a continuous period of not less than three hundred sixty-five (365) days, every future use of such premises shall be in conformity with the provisions of this chapter. (b) The lawful use of the land existing at the time of the passage of this chapter maybe contin- ued; provided, however, that no such nonconform- ing use may be extended to occupy a greater area of land than that occupied by such use at the time of the passage of this chapter. If such nonconform- ing use is discontinued for a continuous period of not less than three hundred sixty-five (365) days, any future use of such land shall be in conformity with the provisions of this chapter. ZONING (c) Whenever a nonconforming use of a build- ing or land has been discontinued or changed to a conforming use, such use shall not thereafter be changed to a nonconforming use. (Ord. No. 44, § 44.47.1, 1-8-68; Ord. No. 264, § 1, 7-13-82) 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 C4 Neighborhood Commercial Districts, the building site area regulations are none. (Ord. No. 44, § 44.50, 1-8-68) 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 C4 Neighborhood Commercial Districts. (b) Side yard. None required except on that siAe 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) Supp. No. 3 1333 § 20-252 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 0-2 General Commercial trict are to be used by a variety of commercial operations which serve the commercial needs of the community. The purpose of this district is to permit the normal operation of the majority of general commercial uses under such conditions of operation as will protect abutting residential and other noncommercial uses, minimize the interrup- tion of traffic along adjacent thoroughfares, pro- mote aesthetic and architectural harmony, attrac- tiveness, and compatibility within the community, and abide by the performance and development standards of the city, county, state and U.S. gov- 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 buiMing, structure, land or water shall be used except for one (1) or more of the following uses: (1) Any permitted use allowed in C-1 Neigh- borhood Commercial Districts; (2) Automotive sales; (3) Automotive renting and leasing; (4) (5) (6) (7) (8) (9) WINTER SPRINGS CODE Automotive tires; Baker, wholesale; Boat sales; Building and plumbing supplies; Bus terminal; 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 sn industrial nntllrp; (18) Full -service gas stations, as an accessory use to a convenience store and satisfying any distance requirement established by City Code; (19) Veterinarian and accessory kennels; (20) Laboratories for testing materials and chemical analysis of a nonindustrial na- ture; (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; Supp. No. 3 1334 (31) Wholesale meat and produce distributors. (32) Minor automotive/boat/manufactured home 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. (Ord. No. 44, § 44.54, 1-8-68; Ord. No. 265, § 1, 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. ((�rri. No_ 44, S 44.55, 1-8-68) Sec. 20-254. Conditional uses. (1) Multiple -family residential units; (2) Major automotive/boat/manufactured home 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 DISTRICT=k Sec. 20-258. In general. The provisions of this district are intended to apply to lands suitable for light industrial land *Editor's note —Ord. No. 2002-07, § 1, adopted July 8, 2002, added a new zoning district designated as Div. 12, ZONING 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 commer- 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. 1CTses 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; 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 simi- 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) Printing, 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. §§ 20-320-20-262. In order to avoid conflicts in the number- ing of provisions, the editor has redesignated the provisions (19) Boat building and storage yards. added by § 1 of Ord. No. 2002-07 as Div. 8.5, as herein set out. (Ord. Mn 2002-07, § 2, 7-8-02) Supp. No. 3 1334.1 § 20-260 WINTER SPRINGS CODE Sec. 20=260. Building height regulations. The sites are intended to be those which would No building or structure shall exceed fifty (50) normally have large tracts of land adjacent or feet. contiguous to residential locations. (Ord. No. 2002-07, § 2, 7-8-02) (Ord. No. 44, § 44.56, 1-8-68) (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. lOwll.'KTo. 2002.07 § 2� 7_9.02) (a) Minimum floor area: ;no hundred (900) sqa its (b) Minimum lot size: Seven thousand five hundred (7,500) sq. ft. ft. (c) Minimum lot width: Seventy-five (75) ft. (d) Minimum lot depth: One hundred (100) ft. (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 The lands included within the R-U Rural Ur- ban Dwelling Districts are those developed or used predominantly for agricultural purposes and government or public service facilities with single- family dwellings as the primary residential use. i �. Within any R-U Rural Urban Dwelling trict, no building, structure, land or water shall be used except for one (1) or more of the following uses: Supp. No. 3 1334.2 (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 If 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 ZONING Preliminary development plan. The set of doc- uments delineated in section 2M56 which serves as the general development standard for the planned unit development district it covers. Story. That portion of a building included be- tween the surface of any floor and the surface of the floor directly overhead, or if there is no floor directly above, then the space between such floor and the ceiling next above it. Townhouses. Self-contained dwelling units lo- cated side by side with no units located above or below one another, designed and constructed so that the units may be individually owned. Townhouse units are to be separated by party or lot line walls and shall have a minimum two-hour fire rating. (Ord. No. 367, § 1, Art, XIV, Part A, § 44.85.2, 5-11-87) Cross reference —Definitions and rules of constructions generally, § 1-2. Sec. 20-352. Intent and purpose of district. The intent and purpose of the planned unit development zoning district are as follows: (1) To provide for planned residential commu- nities containing a variety of dwelling unit types and arrangements, with com- plimentary and compatible commercial cen- ters with supportive residential and/or complimentary and compatible industrial land uses; and planned industrial parks with complimentary and compatible resi- dential and/or commercial land uses, all designed to promote the public health, safety and general welfare. (2) To allow diversification of uses, structures and open spaces compatible with adjacent land uses. (3) To preserve the natural amenities and environmental assets of the land by en- couraging the preservation and improve- ment of scenic and functional open space areas. (4) To encourage flexible and creative con- cepts in site planning that will allow an Supp. No. 3 1342.53 § 20-352 § 2u-ODZ WINTER SPRINGS CODE [THIS PAGE INTENTIONALLY LEFT BLANK] Supp. No. 3 1342.54 ZONING propelled motor vehicle chassis pni marily designed to provide tempo- rary living quarters for recreation, camping or travel use. e. Occupy. To reside in or use as owner, tenant or occupant for the purpose of eating, sleeping, bathing, entertain- ing or such other activities. £ Overnight. A period commencing at 7:00 p.m. on one (1) day and termi- nating at 7:00 a.m. on the day imme- diately following or any peri inod therein contained of more than seven (7) hours. g. Owner's property. The property of owners of the parked or stored vehi- cle. This section only applies to prop- erty in residentially zoned districts. h. Recreational vehicle. Camping trailer, truck camper, motor home, house trailer or other such vehicle de- signed or modified to provide tempo- rary living quarters or designed or modified to facilitate recreation, camping or travel by accommodating the needs for temporary quarters. i. Residentially zoned districts. Any res- idential district as identified in sec- tions 20-101, 20421, 20441, 20461, Supp. No. 3 1366.1 § 20-431 WINTER SPRINGS CODE [THIS PAGE INTENTIONALLY LEFT BLANK] Supp. No. 3 1366.2 ZONING tennas) which are not attached to telecom- munications towers shall comply with sub- section (f)(11). (3) All telecommunication towers existing on July 14, 1997 shall be allowed to continue their usage as they presently exist. Rou- tine maintenance shall be permitted on such existing towers. New construction other than routine maintenance on an existing telecommunications tower shall comply with the requirements of this sec- tion. (4) For purposes of implementing this sec- tion, a telecommunications tower that has received city approval or building permit, but has not yet been constructed, shall be considered an existing tower so long as such approval is current and not expired. (d) Location, permitted uses and special excep- tions. (1) Telecommunications towers shall be a per- mitted use at the following sites (see map attachment Figure 1 dated July 14, 1997) subject to other regulations which may apply. a. City of Winter Springs Wastewater Treatment Plant #1/West Plant. b. Proximate area of the Seminole County School Board Consolidated Services Facility (a/k/a Bus Barn). c. City of Winter Springs West Effluent Disposal Sites: at the southeast quad- rant of Site 16 east of the southern percolation ponds. d. City of Winter Springs City Hall. Supp. No. 3 1370.1 § 20-4DI § 20451 WINTER SPRINGS CODE [THIS PAGE INTENTIONALLY LEFT BLANK] Supp. No. 3 1370.2 ZONING 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-&97; Ord. No. 2000-17, § 1, 6-12-00) Sec. 20-471. Utility lines. All new or relocated utility lines within the designated corridor shall be constructed and in- stalled beneath the surface of the ground unless it is determined by the city that soil, topographical, or any other compelling conditions, make the underground installation of such utility lines as prescribed herein unreasonable and impractica- ble. (1) It shall be the developer's responsibility on -site to make the necessary arrange- ment with each utility in accordance with the utility's established policy. (2) The underground installation of inciden- tal appurtenances, such as transformer boxes, switch boxes, or pedestal mounted Supp. No. 3 1389 § 20-472 boxes for the provision of electricity shall not be required. However, such appurte- nances where not rendered impractical by the determination of the city shall be installed on the site of any development approved after the adoption of this sec- tion. The necessary easements to allow the utility company access and service to such appurtenances shall be dedicated to the service provider by the developer prior to issuance of a building permit. (3) All transformers and switch boxes related to development approved after the adop- tion of this section shall be set back a minimum of fifteen (15) feet from any right-of-way and visually screened using landscape materials or masonry construc- tion in conformance with these land de- velopment regulations. (Ord. No. 675, 12-&97) Sec. 20-472. Corridor access management. (a) A system of joint use curbed driveways and cross access easements shall be established wher- ever feasible along the S.R. 434 Corridor and the building site shall incorporate the following: (1) Across access corridor extending the en- tire length of each block served to provide for driveway separation (consistent with the F.D.O.T. access classification system and standards). (2) A design speed of ten (10) mph and suffi- cientwidth to accommodate two-way travel aisles designed to accommodate automo- biles, service vehicles, and loading vehi- cles. (3) Stub -outs and other design features to make it visually obvious that the abutting proper -ties may be tied in to provide cross - access via a service drive. (4) A unified access and circulation system plan that includes coordinated or shared parking areas is encouraged wherever fea- sible. § 20-472 WINTER SPRINGS CODE (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 �0rlPai 0a i ems' 01 Pfupeity uvvllw: f'. (d) The city engineer may reduce required separation distance of access points, except as provided in (f), where they prove impractical, provided all of the following requirements are met. (1) Joint access driveways and cross access easements are provided where feasible in accordance with this section. (2) The site plan incorporates a unified ac- cess and circulation system in accordance with this section. (3) The property owner shall enter a written agreement with the city, recorded in the public records, that pre-existing connec- tions on the site will be closed and elimi- nated after construction of each side of the joint use driveway. (e) The Florida Department of Transportation (FDOT) has established minimum spacing require- ments for the GreeneWay (S.R. 417) Interchange Area. (Ord. No. 675, 12-8-97) Supp. No. 3 1390 Co 20-473. Building and screening design guidelines. (a) Projects shall use materials consistent with materials used in the area, acceptable materials include stucco, split -faced or decorative concrete block, reinforced concrete with tile, and brick and terra Gotta accent material. Inappropriate mate- rials are river rock, unfinished timber (unpaint- ed), shake roofs, reflective/mirror glass, and metal siding. Materials should be of high quality and well crafted. (b) Mechanical equipment and appurtenances, including but not limited to air conditioner units, ventilation equipment, refrigeration systems, heat- ing units, etc., must be screened so that they are not visible from any public right-of-way. The screen shall consist of a solid wall, facade, parapet or her 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. Tf laandscoping is 11tili7cd, the P!Kn ti;ag must be high enough within one (1) year of planting to provide a screen which will screen the entire unit. In the case of satellite dishes, they shall be screened from view from ground level of adjacent rights -of -way and properties by build- ings, dense landscaping or screen walls. The de- sign review board may permit dishes on buildings if no part of the dish is visible from the ground of surrounding properties. Setbacks for antennas 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 visi- 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. ZONING (i) 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 forth terms and conditions appropriate to meet the circumstances of the specific proposed development. Such development agreement shall be reviewed and approved by the city commission. The city commission may vary the standards of this division, including building or perimeter set- backs, parking standards, signage, and other stan- dards. If an increase in building height beyond fifty-five (55) feet is requested, the city commis- sion must find 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 Supp. No. 3 1391 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. Corridor design review board. The development review committee shall serve as the corridor design review board for develop- ments in the New Development Area Overlay Zoning District of the S.R. 434 Corridor and shall review such developments for a unifying theme according to the design standards and make rec- ommendation(s) to the planning and zoning board. The design review board shall review and make a recommendation regarding any proposed develop- ment agreement pursuant to section 20474 of this Code. (Ord. No. 675, 12-8-97) Secs. 20-476-20-479. Reserved. 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, 1140-97) Sec. 20-481. Building height . N o building shall exceed thirty-five (35) feet in height. For the purpose of these design standards, building height shall be measured from ground level to the highest point of the coping of a flat roof or the mean height level between eaves and ridge for gable, hip or gambrel roofs. (Ord. No. 683, 1140-97) *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. WINTER SPRINGS CODE Sec. 20482. Setbacks. (a) No improvement shall be located on any property closer to any property line than the minimum setbacks set forth below: Front: S.R. 434 Collector street Internal street Side: Rear: (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- Supp. No. 3 1392 Buildings Parking 25 feet 10 feet 25 feet 10 feet 15 feet 10 feet 10 feet 5 feet 10 feet 5 feet sion of additional improvements within the nor- mal setbacks is beneficial to the corridor and will not adversely affect adjacent property owners. ivra. lvo. bu,j, 11-1u-y00 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 parking: 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 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. ZONING (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 net: (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 t 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, refrigeration systems, heat- ing units, etc., must be screened so that they are not visible from any public right-of-way. The screen shall consist of a solid wall, facade, parapet or Aber 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 Supp. No. 3 1403 § 20-489 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 fromthe 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. (i) Buildings with multiple storefront entries are encouraged to incorporate overhangs in the design of out facades as appropriate to promote pedestrian activity. § 20-489 WINTER SPRINGS CODE (j) Backflow preventers and other above ground 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) 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. 434. (Ord. No. 683, 1140-97; 5-13-02) windows shall not be r sides of a building Ord. ;y uvvciC�N� ivay yiON- .�c �O ciit�,ci 31i�u z"t developer's agreement with the city designed to set forth terms and conditions appropriate to meet the circumstances of the specific proposed development„ Stash development s"eement 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. 20491. Corridor design review board. The development review committee shall serve as the corridor design review board for develop- ments in the redevelopment area overlay zoning district of the S.R. 434 Corridor and shall review such developments for a unifying theme accord- ing to the design standards and make recommen- dation(s) to the planning and zoning board. The design review board shall review and make a Supp. No. 3 1404 recommendation regarding any proposed develop- ment agreement pursuant to section 20-490 of this Code. (Ord. No. 683, 11-10-97) DIVISION 4. RESERVED* *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 from Ord. No. 676, adopted Sept. 8, 1987. CODE COMPARATIVE TABLE Ordinance Section Number Date Section this Code 609 1- 8-96 I 19438(a) 617 543-96 I 19-102(1) 619 7- 8-96 1 20-232(a)(31), 20-252(24) 628 1044-96 I 9457 632 11-25-96 I 1-15(a), 12-53, 13-2, 13-4 635-A 12- 9-96 I—V, VII 2-2 636 12- 9-96 I 9-147 638 2-10-97 II 9-386.7 III 9-386.8 IV 9-386.16 645 744-97 1 20-451 674 8-25-97 I 10-29 675 12-8-97 16-51120-1 20461-20-475 676 9- 8-97 20-501-20-512 678 1043-97 1 20451 683 1140-97 20-480-20-491 684 10-13-97 1 Ch.9, Each. B 688 10-27-97 1-12 9-391.1-9-391.12 689 10-27-97 1-12 9-396.1-9-396.12 691 12- 8-97 I 2-152 692 1-12-98 I 6-81 II 6446 III 6-240 698 2- 9-98 I 2-62 702 6- 8-98 I 19-97 II 19-98 III 19-99(b) IV, V 19400(b)(1), (2) VI 19-101(a) VII 19-102(1) VIII 19-102(6) IX 19465(e) 704 7-27-98 1.01-7.01 18-51-18-94 707 6-12-00 l(Each. A) 20-320-20-327 709 12-14-98 I Rpld 240-2-73 710 1-11-99 II 20-239 III 20469(b), (c) IV 20-485(b), (c) 711 3-22-99 I 54-5-5 721 6-28-99 1 9-279 2 20-431(1)a. 3 20-432 4-7 20434-20437 725 8-23-99 20-328-20-341 726 6-28-99 1 5-1(0(19) 2)3 5-3(b), (d) 4 54(e)(3) 730 6-28-99 1 11-6 731 8-11-99 1 20-435 2 20-437 733 9-23-99 1 19402(2) 734 9-27-99 1 5-3(d) 735 9-27-99 I 3-1 II Rnbd 3-2, 3-3 Supp. No. 3 2097 WINTER SPRINGS CODE Ordinance Section Number Date Section this Code as 3-3, 34 Added 3-2 741 9-27-99 1-12 9-391.1-9-391.12 742 9-27-99 1-12 9-396.1-9-396.12 747 11-22-99 1 20-436 ?50 11-22-99 I Rpld 4-2 751 11-22-99 I Rpld 18-26-18-30 Added 18-26-18-30 752 12- 6-99 I 6-101 754 12- 6-99 1 20434 755 12- 6-99 1 16-83 2000-07 5- 8-00 2.A Rpld 20-239 2.B Added 20417 2.0 Amd 20-469(b) 2.D 20485(b) 2000-17 642-00 1 20470(18), 20-486(18) 2000-20(Res.) 7-10-00 I —III 2-2(a), (b) 2000-19 9-25-00 2 Rpld 20-26 2000-28 11-13-OU 2 15-32, 15-33, Rpld 15-34 Amd 15-38, 15-39, 15-43 2001-04 1-22-01 1 8-1-8-9, 23...31__-u'SJ, Rpld 8-56 Amd 9-241(c) 2001-06 1-22-01 1 20-411 2001-09 2-26-01 1 16-57 2 Rpld 16-79 2001-11 3-26-01 1 19-200-19-208 2000-15 6-12-00 1 2-151, 2-152 Rpld 2-153 2001-02 10- 8-01 1 6-270-6-281 2001-13 7-23-01 2 20-418 2001-16 7- 9-01 1 6-35 2001-29 5-14-01 1 6487 2001-39 9-10-01 1 9-500-9-502, 9-5047 9-505, 9-510, 9-514, 9-530-9-5333 9-540-9-542 200142 7- Ml 2 18-26-18-29 200143 7-23-01 1 9-156, 9-370, 9-372, 9-373, Rpld 9-375 2001-49 10- 8-01 2 242 2001-50 10-22-01 2 16-51, 16-57(11), 16-77, 20-252(32) 2001-39 (Res.) 10-29-01 I—VII 19-98.5 2001-54 12-10-01 2 Rpld 7-46-7-56 3 Added 746, 7-50, 7-54, 7-60 2001-57 12-10-01 2 6-31-6-34 Rpld 646-6-58 Amd 6-155 2001-59 1240-01 1 3-10 Supp. No. 3 2098 CODE COMPARATIVE TABLE Ordinance Section Number Date Section this Code 2001-61 1-14-02 2 2-42(i) 2001-62 1-14-02 2 2-61.5 2002-07 7- 8-02 2 20-258-20-262 3 20-251, 20-252, 20-254 4 20-23% 20-232 2002-08 4- 8-02 1 Rpld 5-1-5-5 Added 5-1-5-19 2002-09 3-35-02 2 134, 13-2 200243 5-13-02 1 9-2807 9-281 2 20473,20-489 2000-20(Res.) 7-10-00 I —III 2-2(a), (b) 2002A8 7- 8-02 2 Rpld 6-250 --- 6-258 2002-20 6-24-02 2 19-97 3 19-100 4 19402 5 19438 6 19464(a) 2002-21 7- 8-02 2 16-55 2002-22 7-22-02 2 12-54, 12-65 3 19-300-19-304 2002-28 9-23-02 2 24% 2-57 2-78 3 14-52 4 18-55 5 20-53, 2048, Rpld 20-54, 2049 2002-31(Res.) 9-23-02 I —III 2-2(a), (b) 2002-31 10-28-02 2 6-211, 6-219(c) 3 6-85 [The next page is 21451 Supp. No. 3 2099 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. Article Section Fl. Adm. Code Section Chapter this Code 17-50 19-92(c) 19-95(b) 19-95(c) 19429 17-555.360 Ch. 19, Art. IV, Div. 2 F.S. Section Section this Code 20.30 20-232(a)(64) 34.191 11-1 Ch. 50 2-64(b)(1) 50.041 2-64 50.051 2-64 Ch. 97, Ch. 98 2-89 100.201 et seq. 2-94 100.361 2-26(b) Ch. 101 2-93 101.62-101.70 2-92 Ch. 140 18-26 Ch. 102 2-85 2-93 119.07 18-29 Ch. 162 Ch. 2, Art, III, Div. 2 162.05 162.05(3) 162.06(2), 162.06(3) 162.07 162.08 162.09 162.10-162.13 162.22 Ch. 163 Ch. 163, Pt. II 163.3161 et seq. 163.3171 et seq. 163.3181(3) Ch. 166 2-56, 6-32 2-57 2-58 2-59 2-60 2-61 2-61 3-3 2-62-2-65 340 20-26 9-500 20-28(a) 9-386.1 Ch. 15 20-102(f) Ch. 2 20-26 20-28(a) Supp. No. 3 2145 Section this Code F.S. Section 166.021 166w032 166.041 166.201 et seq. 166.221 166.231 166.231 et seq. 16690425 166.3161 170.01 et seq. Ch. 171 Ch. 177 Ch. 180 et seq. 2009065 Ch. 202 202.11 202.20 2034012 Ch, 205 205.043(c) 205.053 205.053(1) Ch, 212 Ch. 218 315.1956 Ch. 316 316.1945(b)(2) 316.1955 et seq. 316.2055 Ch. 318 Ch. 320 Ch. 322 Ch. 335 336.10 337AM Ch. 380.06 403.415 Section this Code 10-87 2-89 1-11 20-102(f) 20A04 Ch. 2, Art, VI Ch. 18 Ch. 10 18-2% 18-30 Ch. 18, Art, II Ch. 16, Art, III 20-104 Ch. 17 Ch. 2, Art. V Ch. 9 Ch. 17 Ch. 2, Art, VI 18-28 18-26 18-31 18-26 Ch. 10 Ch. 10, Art, II 10-30 10-32 10-29 18-27 Ch. 2, Art, VI 12-65 Ch. 12 12-2 20-431(1)a. 7-4 20-467, 20-483 20-504 Ch. 16, Art. II 12-2 12-2 12-2 17-27 17-27 18-31 9-403 Ch. 16, Art. II F.S. Section 479.155 489.105 489.127 489.132 533.73 538.01 et seq. Ch. 553 553.06 553.19 553.73 553.955 et seq. 561.01 et seq. 561.14 561.20(7)(a) 56L.45(2) Ch. 633 633.521 Ch. 650 650.02 705.101 et seq. 775.082, 775.083 Ch. 794 Ch. 796 Ch. 800 806A01 Ch. 826 Ch. 847 817.32, 817.33 Ch. 828 849.04 849.07 865.09 943.085-943.255 943.25(13) WINTER SPRINGS CODE Section this Code Ch. 16, Art. III 6-32 6-270, 6-2721 6-274, 6-275, 6-279 6-2701 6-272 6-31, 6-32 Ch. 10, Art, VI Ch. 6 Ch. 6, Art, III Ch. 6, Art. V Ch. 6, Art, IV Ch. 6, Art. V 6-81 6-6 Ch. 3 3-3 3-3 Ch. 10, Art. III, Div. 2 Ch. 7, 7-46 7-50 7-54 Ch. 14, Art, II 14-26(a) 14-26(a) 2-1 2-69.5(e), 11-1 10-56 10-56 10-56 7-3 10-56 10-52, 10-561 10-65 Ch. 10, Art. IV Ch. 4 Ch. 10, Art, IV Ch. 10, Art. IV 10-68 2-68 11-2(a), 11-2(b) [The next page is 2197] Supp. No. 3 2146 CODE INDEX Section Section A ALARMS, ALARM SYSTEMS False alarms ABANDONMENT Prohibited ....................... tots 7-28 Abandoned property; disposition by city .. 24 Warning notice ....................... 13-58 City -owned property; disposal of surplus Fire and security alarms property. . 0 0 0 0 9 0 s 9 0 a 6 a 0 * 0 9 0 * V 0 * M 9 a 0 2494 Automatic shut-off of alarm ........... 13-56 Motor vehicle abandonment ............. 12-531 12-54 Classification of alarm.... be toot* 13-57 Street and alley abandonment ........... 17-27 Compliance for existing system........ 13-53 Definition, . * 4 9 * * 0 6 0 0 4 # a * * 6 * s & 0 13-51 ACCOUNTS, ACCOUNTING Disconnection of system. . W 0 a a s s 13-61 Sewerage revenue generation system Emergency telephone number ......... 13-55 Account established .................. 19426 False alarms Accountant certification of adequate Warning notice .................... 13-58 maintenance .................... 19-129 Installation, modification, notice of .... 13-52 ACTIONS. See: SUITS, ACTIONS AND Reset, disabled system, response to .... 13-54 Service fee ........................... 13-59 OTHER PROCEEDINGS Waiver of fee ......................... 13-60 ADULT ENTERTAINMENT ESTABLISH- ALCOHOLIC BEVERAGES MENTS Bottle clubs prohibited .................. 34 Additional prohibited acts ............... 10-64 Declaration of a state of emergency ...... 2-255 Adult cabaret provisions. . 0 10-70 Hours of sale; hours consumption prohib- Advertising. ............................ 10-63 ited in places of public accommodate Authority .............................0 10-51 tion............................... 3-3 Definitions ............................. 10-56 Location of business engaged in sale pro-, Construction ........................... 10-54 hibited near church or school....... 34 Effective date........ be hoboes s*hb*&*bsG* 1042 Nudity prohibited upon alcohol licensed Employee provisions .................... 10-69 premises and bottle clubs........... 340 Findings of fact ......................... 10-53 Vendors in the town center .............. 3-2 General requirements/standards ......... 10-62 License AMENDMENTS Required. ............................ 10-68 Additions and amendments deemed incor- Measurement of distance ................ 10-59 poratd Code.................... 1-10 Minors Altering Code, ........................... 1-14 Amendments to Code; effect of new ordi- Admission of minors .................. 10-65 nances; amendatory language....... 141 Sales to, ............................. 10-67 Florida Building Code, administrative Nonconforming distance ................. 10-60 amendments to. See: BUILDINGS Obscenity not permitted ................. 10-55 Florida Fire Prevention Code, local amend - Presumptions ........................... 10-66 ment to ........................... 7-46 et seq. Prohibited locations ..................... 10-58 See: FIRE PREVENTION AND PRO - Purpose ................................ 10-52 TECTION Residential rezoning .................... 10-61 Zoning Violations and penalties ................. 10-71 Districts, amendments re ............. 20404 Zoning ................................. 10-57 Ordinances, alterations, changes or amendments............ Ease Bob* 20-6 ADVERTISING. See: SIGNS AND ADVER- TISING AMPLIFIERS Noise provisions ........................ 13-31 AFFIRMATION. See: OATH, AFFIRMATION, SWEAR OR SWORN AMUSEMENTS AND AMUSEMENT PLACES Dance halls; permit required; conduct in AGENCIES OF THE CITY. See: DEPART- dance halls ........................ 10-111 MENTS AND OTHER AGENCIES OF CITY ANIMALS AND FOWL Animal control and protection ordinance of AGREEMENTS. See: CONTRACTS AND Seminole County, Florida, adopted .. 4-1 AGREEMENTS Kennels Generally ............................ 20-415 AIRPORTS AND AIRCRAFT Zoning regulations ................... 20-415 et seq. Alcoholic beverage sales in airlines, prohib- See: ZONING ited near church or school .......... 3-1 Noise provisions for animals and birds ... 13-34 Supp. No. 3 3111 ANIMALS AND FOWL (Cont'd.) Zoning regulations for animals.......... . ANNEXATIONS Certain ordinances not affected by Code . . Fee................. ................... Waiting period for annexation .......... . ANTENNAS Television dish antennas ................ APPROPRIATIONS Certain ordinances not affected by Code . . ARBORS. See: TREES AND SHRUBBERY WINTER SPRINGS CODE Section BIDS, BIDDING. See: FINANCES 20-413 BILLBOARDS. See: SIGNS AND ADVERTIS- ING 1-7(9) 2416 BLASTINGAGENTS. See: EXPLOSIVES AND 2417 BLASTING AGENTS BOARDS, COMMITTEES AND COMMIS- 6-83 SIONS. See: DEPARTMENTS AND OTHER AGENCIES OF CITY ASSESSMENTS Local improvements Certain ordinances not affected by Code 1-7(8) Local improvements assessments ........ 18-51 et seq. See: TAXATION BOND ISSUES Certain ordinances not affected by Code . . BONDS, SURETY OR PERFORMANCE City -owned property supervision and con- trol, bond for custodian re ......... . Land development bonding procedure ... . Street excavations, bond requirement ... . Section BOOKSTORES ATHLETIC FACILITIES Adult entertainment establishments ..... 10-56 et seq. Use of city athletic facilities; fees ........ 2-2 See: ADULT ENTERTAINMENT ES - AUDITS, AUDITING TABLISHMENTS City -owned property, recording and identi- BOTTLE CLUBS fying re auditing procedure......... 2492 Prohibited, ........................ 34 AUTOMATIC FIRE SPRINKLER SYSTEMS P0TT_ L F,S Florida Fire Prevention Code, local amend- Prohibitions. 13-2 mentto ........................... 7-60 BUDGET. See: FINANCES AWNINGS Permit for erection of awnings over side- BUILDINGS walk Accessory buildings ..................... 6-84 Fee. . d * 4 9 4 0 & 0 0 0 a 0 * 0 V 0 V * V 0 V 0 0 a 9 0 0 9 b 0 a 17-52 Administration Required; application ................. 17-51 Administrative amendments to the Flor- ida Building Code B Chapter 1......................... 6-31 Chapter 2......................... 6-32 BANNERS Adoption of Florida Building Code ap- Signs and advertising requirement, ...... 16-87 pendices ........................ 6-34 BARBED WIRE. See: FENCES, WALLS, Establishing the location of local wind HEDGES AND ENCLOSURES speed lines ...................... 6-33 Temporary storage structures .,....... 6-35 BARRICADES Automatic fire sprinkler systems Street excavation barricades ............. 17-80 Florida Fire Prevention Code, local I mendment to. 7-60 BARS Building erected or altered in violation of Alcoholic beverage regulations generally.. 3-1 et seq. provisions, use of. 6-3 See: ALCOHOLIC BEVERAGES Building inspector BEAUTIFICATION BOARD Authority to stop work if contrary to Composition; appointment of members ... 2-77 public welfare ................... 6-5 Created ................................ 2-76 Electrical inspector, building inspector Duties; expenditures.................... 2-79 as.............................. 6-102 Master beautification plan; recommenda- Plumbing inspector, building inspector tions to city ....................... 2-80 as.............................. 6-127 Organization; meetings, . F 6 0 0 0 0 0 . 6 6 0 * 0 * 0 * 2-78 Swimming pool inspection ............ 6-213 Citations; unlicensed contractors; failure BEER to obtain a building permit Alcoholic beverage regulations generally.. 34 et seq. Administrative hearings; accrual of pen - See: ALCOHOLIC BEVERAGES alties ............ $ .............. 6-278 Supp. No. 3 3112 CK�7FJ 1KIMotii Section BUILDINGS (Cont'd.) Appeals of code enforcement board deci- sions ........................... 6-279 Citation authorized for construction con- tracting violations ............... 6-272 Citation form ........................ 6-273 Correction of violation; payment of pen- alty; notice of hearing ........... 6-277 Findings ............................. 6-271 Intent and purpose ................... 6-270 Notices .............................. 6-281 Penalty .............................. 6-274 Recording code enforcement board or- ders ............................ 6-280 Refusal to sign citation ............... 6-275 Stop work ........................... 6-276 Code enforcement board ................. 2-56 et seq. See: CODE ENFORCEMENT BOARD Codes Electrical code ................ too* off 6401 Energy efficiency code adopted ....... 0 6-6 Gas code.... ... food 00*9*ffiso off 0 4 * a 6-240 0 * 0 Mechanical code, . 6 0 0 4 0 9 a 0 & a 0 f 0 a * a * 0 & s 6446 et seq. See herein: Mechanical Code Plumbing code ....................... 6-126 Standard building code Adopted ........................... 6-81 Amendment to building code........ 6-82 Standard existing building code Adopted ..........................4 6-81 Standard housing code Adopted ........................... 6-81 Swimming pool code .................. 6-210 Unsafe building abatement code ....... 6-165 Compliance with provisions .............. 6-2 Construction sign ....................... 16-81 Contractors Unlicensed contractors. See herein: Ci- tations; Unlicensed Contractors; Failure to Obtain a Building Per- mit Declaration of a state of emergency ...... 2-255 Suspension of local regulations ........ 2-264 Electricity Electrical code adopted ............... 6401 Terms defined., 6-102 be god boos a 9 &to Energy efficiency code adopted........... 6-6 Fences, walls and hedges..... .... of of 04* 6.186 et seq. See: FENCES, WALLS, HEDGES AND ENCLOSURES Flood damage prevention ................ 84 et seq. See: FLOOD DAMAGE PREVENTION Florida Building Code, administrative amendments to. See herein: Adminis- tration Inspections. See herein: Permits and In- spections Land development. 9-1 et seq. See: LAND DEVELOPMENT Supp. No. 3 3113 Section BUILDINGS (Cont'd.) Mechanical code Adopted ............................. 6446 Definitions ..........................0 6447 Fee, . 0 0 0 * * 0 4 # 0 0 & * * * 0 * 0 4 * 0 * * 4 4 0 * 4 * 0 0 * s 6449 Mechanical inspection ................ 6448 Occupant Definitions and rules of construction... 1-2 Outdoor display/billboard................ 16-77 et seq. See: SIGNS AND ADVERTISING Owner Definitions and rules of construction... 1-2 Keeping surrounding property clean, re- sponsibility re ................... 13-3 Permits and inspections Failure to obtain building permit. See herein: Citations; Unlicensed Con- tractors; Failure to Obtain a Build- ing Permit Signs; building permit required........ 16-53 Plumbing Plumbing code adopted ............... 6426 Terms defined ........................ 6-127 Purpose ................................ 6A Restricted hours of building construction or installation or construction of sub- division improvements ............. 11-6 Screen enclosures 6-85 ....................... Storage Temporary storage structures ......... 6-35 Swimming pools ........................ 6-210 et seq. See: SWIMMING POOLS Television dish antennas ................ 6-83 Uniform building numbering system Administration and assignment of num- ber ............................. 9-373 Code enforcement board authority ..... 9-376 Definitions ..........................1 9-370 Establishment of system .............. 9-372 Posting of numbers ................... 9-374 Purpose ............................. 9-371 Unsafe buildings Court action to compel compliance or prosecution upon disregard of no- tice ............................. 6468 Notice of unsafe building to be served on person having interest in building; method of service, . 0 0 * f 0 4 * 0 0 0 4 * 0 0 6-167 Standards for repair or removal ....... 6466 Unsafe building abatement code Adopted.... ... f 0 a 0 0 0 * q 6465 Vacating unsafe buildings and closing adjacent streets ................. 6-169 Violations, penalty ...................... 6-4 Zoning regulations ...................... 20-1 et seq. See: ZONING BURNING Open-air burning regulated .............. 7-26 WINTER SPRINGS CODE Section BUSES. See: MOTOR VEHICLESAND TRAF- FIC C CABARETS Adult entertainment establishments ..... 10-56 et seq. See: ADULT ENTERTAINMENT ES- TABLISHMENTS CAMPAIGNS. See: ELECTIONS CANALS Prohibitions ............................ 13-2 CANDIDATES. See: ELECTIONS CANVASSERS. See: PEDDLERS, CANVASS- ERS AND SOLICITORS CARPORT SALES At-home sales .......................... 10-137 CATS iumnai reguiauuns generally ............ 4-1 ei seq. See: ANIMALS AND FOWL CERTIFICATES, CERTIFICATION Sewerage revenue generation system Accountant certification of adequate maintenance .................... 19-129 CHURCHES Adult entertainment establishments Prohibited locations .................. 10-58 Alcoholic beverage sales prohibited near.. 3-1 Noise provisions ........................ 13-28 CITY Definitions and rules of construction ..... 1-2 Use of city athletic facilities; fees ........ 2-2 CITY CLERK Election Additional duties re .................. 2-95 Supervisor, city clerk as. . I d 2-81 CITY COMMISSION Definitions and rules of construction ..... 1-2 Recall of elected officials ................ 2-26 Zoning action of city commission ......... 20-27 CITY MANAGER City -owned property, responsibilities re... 2-192 :K�]70AWWI�:aC- �krjhl�Gw Citation contents ....................... 2-69.6 Citation procedure ...................... 2-69.1 Code enforcement board ................. 2-56 et seq. Code enforcement officers Authority ............................ 2-69 Designation, qualifications, training ... 2-68 Definitions .................. Dome ......a 2-67 Delivery of warning notices, citations..... 2-69.2 Disposition of citations, civil penalties .... 2-69.7 Supp. No. 0 3114 Section CODE ENFORCEMENT (Cont'd.) Intent .................................. 2-66 Procedures to pay, contest citations ...... 2-69.5 Provisions supplemental, . 0 a a 0 q 0 0 * a a 2-69.8 Violation classification; civil penalty...... 2-69.3 Violations, schedule of ................... 2-69A CODE ENFORCEMENT BOARD Appeals...............................0 2-63 Building numbering system, authority re. 9-376 Code inspector; duty .................... 2-59 Creation ............................... 2-56 Duration of lien. . 0 2-62 Election of officers; quorum; compensation; expenses .......................... 2-58 Hearing ................................ 2-60 Lien Application for satisfaction or release of 2-61.5 Duration of .......................... 2-62 Membership; appointment; qualification .. 2-57 Notices ................. ...............0 2-64 Powers................................. 2-61 Yruvisions supplemental ................. Z-65 Wastewater system, enforcement board... 19-30 DE OF ORDINANCES* CO Additions and amendments deemed incor- porated in Code, I I I V P 0 0 0 4 6 ''1 1 1 1-10 Altering Code, . 0 * 0 4 0 0 # 0 s 0 s # 6 0 0 0 D 0 a 0 0 1-14 Amendments to Code; affect of new ordi- nances; amendatory language...... , 141 Catchlines of sections . .................. 1-3 Certain ordinances not affected by Code. 1-7 Definitions ............................. 1-2 General penalty; continuing violation; vio- lation as public nuisance ........ , .. 145 History notes ........................... 1-5 How Code designated and cited .......... 1-1 Prior offenses, rights, etc., Code does not affect ............................. 1-9 References and editor's notes ............ 1-6 References to chapters or sections, ....... 1-4 Repeal of ordinances, affect of ........... 1-8 Severability of parts of Code, . a 6 V 4 V 4 0 D 1-13 Supplementation of Code ............... 4 1-12 COMMITTEES AND COMMISSIONS. See: DEPARTMENTS AND OTHER AGEN- CIES OF CITY COMPUTATION OF TIME Definitions and rules of construction ..... 1-2 CONTRACTS AND AGREEMENTS Certain ordinances not affected by Code .. 1-7(1), (3) Code does not affect prior contracts, etc... 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. COMMITTEES AND COMMISSIONS. See: DEPARTMENTS AND OTHER AGEN- CIES OF CITY COMPUTATION OF TIME Definitions and rules of construction ..... 1-2 CONTRACTS AND AGREEMENTS Certain ordinances not affected by Code .. 1-7(1), (3) Code does not affect prior contracts, etc... 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. CONTRACTS AND AGREEMENTS (('U14 a) Old age and survivors' insurance, execu- tion of agreement ................. . Supplementation of Code ............... . COUNTY Definitions and rules of construction .... . COURTS Court costs Assessment and collection of; use, a t a 4 . Unsafe building, court action re......... . CURFEW Declaration of a state of emergency ..... . 0 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 ................. See: CODE ENFORCEMENT BOARD Definitions and rules of construction .... . Election board.... o*o*4*s 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 ............ 0 . See: ZONING Public service tax; exempted entities .... . Traffic violations bureau. . 0 # a o 0 V W a a a . Zoning board of adjustment. . * * 1 0 0 a . See: ZONING DEVELOPMENT. See: PLANNINGAND DE- VELOPMENT; See also: LAND DEVEL- OPMENT DISH ANTENNAS Television dish antennas ............... . DISORDERLY CONDUCT Dance halls, disorderly conduct in....... . Noise provisions re ..................... . CODE INDEX Section DOGS Animal regulations generally ........... . 14-27 See: ANIMALS AND FOWL 1-12 DRAINS, DRAINAGE Land development 1-2 Drainage ditch fence required; when .. . Drainage facilities ................... . Open drainage ditches; storm sewers . . Storm water management. . a a o * 0 4 a * 0 6 . 11-2 6468 DRUMS Noise provisions ........................ 2-255 DUMPSTERS Definitions ............................. Minimum screening requirements........ E 10411 ELECTIONS Absentee voting. . Applicability of Code to election where quest, 2,76 et seq. tions are submitted ................ Candidates, qualification of. . 4 0 9 0 a 9 a 0 0 4 . Canvass of return ....................... Certain ordinances not affected by Code . . 2-42 City clerk, additional duties of .......... . 241 Code enforcement board election ....... 0 . 2-26 Determination of person elected......... . 5-5 Election board .......................... 2-56 et seq. Election supervisor ..................... Municipal elections to be general elections 1-2 Nonpartisanship required .............. . 2-85 Political signs .......................... 74 et seq. Proclamation ........................... Qualifying fees ......................... 9-341 et seq. Recall of elected official ................ . Registration of voter .................... Vacancy in office ........................ 14-52 Voting machines ........................ 20-51 et seq. Voting places ........................... ELECTRICITY 18-30 Electrical code adopted .................. 12-28 Electrical inspection ...................6 20-76 et seq. Fees ................................... Flood damage control ................... Municipal public service tax ............ . See: TAXATION Swimming pools, electrical requirements re. 4 9 * 0 1 0 a I a 0 a 0 t 6 W * 9 0 0 0 a a 6 9 0 0 9 a a 0 0 * Terms defined .......................... 6-83 10-11 13-27 1 DISTRICTS Zoning districts. 20-101 et seq. See: ZONING Supp. No. 3 3115 EMERGENCY MANAGEMENT Applicability of provisions .............. . Certification of emergency conditions.... . Declaration of a state of emergency ..... . Definitions ............................. Fire emergencies. . a * . 6 a a a 0 a 0 0 0 a A 0 4 0 4 * 4 * * Intent.................................. Police emergencies.............. 0 to too** Section q 4-1 et se. 9-280 9-281 2-94 2-87 2-93 1-7(16) 2-95 2-58 2-84 2-85 2-8 2-83 2-86 16-80 2-82 2-88 2-26 2-89 2-87.1 2-91 2-90 6-101 6-103 6404 8-2 18-26 et seq. EMERGENCY MANAGEMENT (Cont'd.) Powers, duties, responsibilities.......... . Structure, emergency management...... . Suspension of local building regulations . . Termination of state of emergency....... . Weather emergencies, . N * o o 0 0 M 9 b 0 d b s a 0 b 0 . EMPLOYEES. See: OFFICERS AND EM- PLOYEES ENCLOSURES. See: FENCES, WALLS, HEDGES AND ENCLOSURES ENERGY Building energy efficiency code ......... . EVACUATION Declaration of a state of emergency ..... . WINTER SPRINGS CODE Section FINANCES (Cont'd.) 2-254 Old age and survivors' insurance contribute 2-253 tion ............................... 2-264 Payment of money 2-256 Certain ordinances not affected by Code 2-261 Purchasing Purchasing policy and procedure estab- lished .......................... When written bids required; waiver... . Stormwater management utility fund ... . 6-6 2-255 EXCAVATIONS Street excavations ...................... 17-76 et seq. See: STREETS AND SIDEWALKS EXPENDITURES UGWeldgti levtll LLe �ellel"cl L1U11 `.iy liLelll, eX- penditures re ...................... EXPLOSIVES AND BLASTING AGENTS Declaration of a state of emergency. . Regulation of explosives ................. 0 FALSE AL ARMS Service fee ............................. Waiver of fee. Warning notice ......................... FENCES, WALLS, HEDGES AND ENCLO- SURES Barbed wire permissible, when ......... . Building numbers to be affixed to walls, fences, etc ........................ . Construction material. Drainage ditch fence required, when .... . Exceptions to provisions ... . ............ . Height limitations generally ............ . Permit required ........................ Property line, distance from ............ . Provisions not controlling; exception...... Street, intersection, limitations when adja- centto ............................ Swimming pool enclosures ............... Utility easements. . ........... . FINANCES Bids, bidding When written bids required; waiver... . Budget Certain ordinances not affected by Code Emergency procurement re state of emer- gency............................. Fee Certain ordinances not affected by Code Supp. No. 3 FINES, FORFEITURES AND OTHER PEN- ALTIES Certain ordinances not affected by Code.. Code does not affect prior forfeitures, pen- alties, etc. a a & s 0 6 h 4 o 0 6 0 a a b * b 0 * 0 * 0 1 0 . Code enforcement citations ............. . Code violations General penalty; continuing violation; violations as public nuisances ... . Penalties for specific acts, omissions, etc. See specific subjects as indexed iiepeai oiordinances, erect of........... . FIRE DEPARTMENT Created...............................4 2-255 Department division ................... . 7-27 Deputy fire chief........................ Fire chief. . be 0 0 P Deputy fire chief. . Fire emergencies, . d & . .................. . Fire public safety facility impact fee..... . 13-59 See: LAND DEVELOPMENT 13-60 Organization ........................... 13-58 Responsibility, delegation of ............ . 9-374 6-187 9-106 6-188 6-190 6-186 6-193 6-194 2-152 2-255 1-7(17) 3116 FIRE HYDRANTS, See: FIRE PREVEN- TION AND PROTECTION FIRE PREVENTION See: ALARMS, ALARM SYSTEMS FIRE PREVENTION AND PROTECTION , Explosives, regulation of ................ False alarms prohibited ................ . Fire department provisions ............. . See: FIRE DEPARTMENT Fire hydrants Approval and acceptance by city...... . Installation specifications ............ . Land development Required prior to building on lots .. . Obstruction of hydrants, . a 1 0 a 0 9 6 W 1 0 1 On site static water supplies ......... . Parking near prohibited .............. Required, 0 1 1 q 0 P 0 9 0 0 & 0 0 & 1 0 0 a I I o 0 q 0 a 6 F 0 Responsibility for provision and mainte- nance, . 4 0 4 1 * & & 9 6 6 6 0 V W 1 4 & 0 * 6 1 a 0 a I Florida Fire Prevention Code, local amend- ment to Appeal.............................. Section 2-151 2-152 19-167 2-69. 1-9 1 et seq. 1-8 7-2 7-5 7-4 7-3 7-4 2-263 9-396 et seq. CODE INDEX Section Section FIRE PREVENTION AND PROTECTION GARAGE SALES (Cont'd.) (Cont'd.) Signs. 16-83 Automatic fire sprinkler systems ...... 7-60 Impact fee credits .................... 7-54 GARBAGE AND TRASH Procedure for ........................ 746 Dumpsters ............................. 9-280, 9-281 Hydrants. See herein: Fire Hydrants Garbage service to be provided for certain Open-air burning regulated .............. 7-26 tenants ........................... 19-1 Prohibitions ............................ 13-2 FIREARMS AND WEAPONS Declaration of a state of emergency ...... 2-255 GAS CODE Discharging or brandishing firearms ..... 11-5 Adopted ................................ 6-240 Definitions ............................. 6-241 FIREWORKS Fees ................................... 6-243 Regulation of explosives ................. 7-27 Inspection.............................. 6-242 FLOOD DAMAGE PREVENTION GAS, GASOLINE Abrogation and greater restrictions ...... 8-6 Flood damage control ................... 8-2 Definitions ............................. 8-1 Municipal public service tax ............. 18-26 et seq. Development permit .................... 8-33 See: TAXATION Floodplain administrator Designation of ....................... 8-31 GENDER Duties and responsibility of ........... 8-32 Definitions and rules of construction ..... 1-2 General standards ...................... 8-51 Interpretation .......................... 8-q GLASSWARE Lands to which rovisions a 1 8-4 Prohibitions ............................ 13-2 P PPY••••••••• Noncompliance, penalties for ............ 8-9 GOLD Reducing flood losses, method of .. good ... 8-3 Secondhand precious metals ............. 10451 et seq. Regulatory floodways, standards for...... 8-55 See: SECONDHAND PRECIOUS MET - Shallow flooding (AO zones), standards for ALS areas of ........................... 8-53 Small streams, standards for ........... 0 8-54 GONGS Special flood hazard Noise provisions ........................ 13-32 Basis for establishing areas of......... 8-5 Designations, warning regarding area of 8-8 GOODS, WARES OR MERCHANDISE Specific standards ...................... 8-52 Declaration of a state of emergency ...... 2-255 Statement of purpose and objectives...... 8-2 Peddlers and solicitors requirements ..... 10-136 et seq. Variance procedure ..................... 8-34 See: PEDDLERS, CANVASSERS AND Violations, penalties........ 8-9 SOLICITORS Warning regarding area of special flood GRADES, GRADING hazard designation.. do good to lopo#40 8-8 Certain ordinances not affected by Code .. 14(6) FLORIDA. See: STATE Land development, street grades generally 9-148 FLORIDA STATUTES. See: F.S. GRASS, LEAVES, UNDERBRUSH, ETC. Land development requirements re grass . 9460 FOLLOWING, PRECEDING Definitions and rules of construction ..... 1-2 H FORFEITURE. See: FINES, FORFEITURES AND OTHER PENALTIES HANDBILLS Signs and advertising regulations gener- FOWL. See: ANIMALS AND FOWL ally ............................... 16-26 et seq. See: SIGNS AND ADVERTISING FRANCHISES Certain ordinances not affected by Code .. 1-7(4) HEDGES. See: FENCES, WALLS, HEDGES Tax in addition to franchise taxes ........ 18-29 AND ENCLOSURES F.S. HISTORICAL PRESERVATION Definitions and rules of construction ..... 1-2 Tree protection and preservation Definitions (historic, specimen trees)... 5-3 G Specimen, historic trees. . 0 5-8 GARAGE SALES HOSPITALS At-home sales ......................... 0 10-137 Noise provisions ........................ 13-28 Supp. No. 3 3117 WINTER SPRINGS CODE Section Il IMPACT FEES Florida Fire Prevention Code, local amend- ment to Impact fee credits .................... 7-54 Land development Fire public safety facilities ............ 9-396 et seq. Police public safety facilities .......... 9-391 et seq. Transportation impact fees............ 9-386.1 et seq. See: LAND DEVELOPMENT IMPOUNDMENT Motor vehicle impoundment ............. 12-54 IMPROVEMENTS. See: PUBLIC WORKS AND IMPROVEMENTS IN THE CITY Definitions and rules of construction ..... 1-2 IN WRITING, WRITTEN Definitions and rules of construction ..... 1-2 INDEBTEDNESS OF CITY Certain ordinances not affected by Code INDECENCY AND OBSCENITY Adult entertainment establishments Obscenity not permitted .............. 10-55 INVENTORIES City -owned property inventory........... 2-192 IRRIGATION SYSTEM Reclaimed water system, 19436 et seq. See: UTILITIES 0 KENNELS See: ZONING L LAKES Prohibitions. 13-2 Section Supp. No. 3 3118 [The next page is 3121] LAND DEVELOPMENT Alleys. See herein: Streets and Alleys; See also herein: Design Standards Blocks. See herein: Lots and Blocks; See also herein: Design Standards Bridges, required improvements ........ . Building on lots, required improvements to be completed prior to; exception.... . Certain data to be submitted prior to in- stallation of improvements ........ . Comprehensive plan ................... . See: PLANNINGAND DEVELOPMENT Concurrency administration and evalua- tion procedure Appeal procedures Appeal notice and hearing......... . Appeal of city commission ......... . Notice of appeal .................. . Concurrency administration Concurrency certificate ............. Concurrency review ................ Conditional approvals ............. . Development review committee .... . Level of service standards (LOS) Introduction ....................... LOS.............................. Parks and recreation LOS ......... . Potable water LOS, 0 * 4 0 * a * 0 6 Solid waste LOS .................. . Storm water LOS ................. . Transportation LOS................ Overview and exemptions Application submittal ............. . Change of use .................... . Definitions ........................ Demolitions. . Purpose of concurrency evaluation . . Curbs Inlets.. Required improvements. . Sections, alternate. . * 0 * a s p # 9 9 o 0 . Definitions ............................. Design and certification of improvements, responsibility for. . . Design standards Alternate curb sections .............. . Classification ........................ Curb inlets .........................a Drainage ditch fence is required, when. Driveway entrances ................. . Entire tract to be used; landlocked areas prohibited ...................... Generally... ... *Do 644 No O*h soot 4*so&6 a Lots and blocks Clearing of rights -of -way .......... . General requirements ............. . Lot dimensions; minimum street front - age.......................... Lots not to be divided by municipal boundaries ................... Supp. No. 3 CODE INDEX Section 9-205 9-177 15-26 et seq. 9-541 9-542 9-540 9-533 9-531 9-532 9-530 9-510 9-513 9-514 9-511 9-512 9-515 9-516 9-502 9-504 9-501 9-505 9-500 9-300 9-223 9-301 9-1 9-176 9-301 9-146 9-300 9-106 9-229 9-102 9-101 9-129 9-126 9-127 9-128 Section LAND DEVELOPMENT (Cont'd.) Open drainage ditches; storm sewers .. 9405 Public sites and open spaces, exception 9403 Septic tanks ......................... 9-107 Streets and alleys Access streets, paving of............ 9450 Alleys ............................. 9458 Cul-de-sac; dead ends ............. 0 9-152 Easements .......................0 9459 General layout; connections with ex- isting streets ................. 9-153 Grades generally. .................. 9448 Grassing, mulching, sodding........ 9460 Half streets ....................... 9454 Intersections ...................... 9455 Minimum rights -of --way and paving width............. 9447 Naming streets .................... 9-298 Paved, streets and alleys to be ...... 9449 Paving costs ....................... 9-151 Paving of access streets ............ 9-150 Private streets ..................... 9457 Street names ...................... 9-156 Typical street sections .............. 9-296 Utilities services to be underground, ex- ception ......................... 9404 Valley gutters ........................ 9-297 Developer responsibility and control...... 9481 Drainage Facilities 9-242 ............................ Fence required for ditches, when ...... 9406 Open drainage ditches; storm sewers .. 9-105 Storm water management, ............ 9-241 Driveways Entrances ........................... 9-299 Generally ............................ 9-222 Dumpsters Definitions 9-280 ........................... Minimum screening requirements ..... 9-281 Easements Design standards, .................... 9459 Required improvements ............... 9-223 Enforcement and penalties ............. 0 9-7 Entire tract to be used; landlocked areas prohibited.. .. so *too 00*0 so 9 foo*446S 9-102 Final development plan, final plat Action on final development plan; expi- ration of approval ............... 9-74 Approval of final plat ................. 9-77 Bonding procedures .................. 9-76 Final plat, contents and recording pro- cedures ......................... 9-75 Form and contents of final development plan ...................... ... 9-73 Processing of final plans .............. 9-72 Recording/distribution of the final plat. 9-78 When final development plan is to be filed; extension.......... .... of** 9-71 Fire public safety facility impact fee Appeal .............................. 9-396.12 WINTER SPRINGS CODE Section Section LAND DEVELOPMENT (Cont'd.) LAND DEVELOPMENT (Cont'd.) Applicability and exemptions.......... 9-396.3 Reasons when preliminary plan is dis- Capital expansion plans .............. 9-396.8 approved; conditional approval ... 9-48 Credits .............................. 9-396.6 Public sites and open spaces, exception ... 9403 Definitions.. .. fees lose go 6M 0 0 M 0 0 0 0 a 0 0 s 9-396.2 Required improvements Determination of fee amounts ......... 9-396A Adequate access to building sites ...... 9-178 Establishment of a trust fund ......... 9-396.7 Bridges ............................. 6 9-205 Levy and purpose ................... 0 9-396.1 Building on lots, required improvements Payment of fees ...................... 9-396:5 to be completed prior to; excep- Penalty for violation .................. 9-396.11 tions .......,................see 9-178 Refunds ............................. 9-396.9 Certain data to be submitted prior to Vested rights; exemptions, ............ 9-396.10 installation of improvements ..... 9477 Gutters ................................ 9-223 Curbs, gutters, easements............. 9-223 Impact fees Developer responsibility and control ... 9481 Fire public safety facilities ........... 0 9-396 et seq. Drainage Police public safety facilities .......... 9-391 et seq. Drainage facilities ................. 9-242 Transportation impact fees............ 9-386.1 et seq. Storm water management .......... 9-241 Inspections and tests .................... 9-179 Driveways........................... 9-222 Irrigation utilizing reclaimed water system 19436 et seq. Fire hydrants in operation ............ 9-178 See: UTILITIES Inspections and tests ................. 9-179 Monuments .......................... 9-180 Lots and blocks ion Off-street parking and loading vIualli g U...s..bo-u.-way' ............. -1G Commercial vehicles 9-279 General requirements ................ 9426 Definitions ........................ 9-276 Lot dimensions; minimum street front- age ............................. 9-127 General provisions for off-street park- ing........................... 9-278 Lots not to be divided by municipal Off-street parking requirements .... 9-277 by"-"`' ''"' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' 1..12o Responsibility for design and certifica- Maps, engineering plans and plats to be tion of improvements ............ 9-176 submitted in preliminary and final Sidewalks. . a 0 9-221 form .............................. 9-26 Streets Monuments ............................ 9480 Markers,.......................... 9-203 Nonplatted property, sale of ............. 9-2 Roadway base materials, standards Off-street parking and loading for ........................... 9-201 Commercial vehicles, . 4 a 4 6 * 0 9 0 1 9-279 Streetlights and traffic signs........ 9-204 Definitions.... ... d 6*6 1 ad be 6d&G#60d*46 9-276 Surfacing of streets, standards for .. 9-202 General provisions for off-street parking 9-278 Utilities; requirements for water and Off-street parking requirements ....... 9-277 sewer systems, . 0 0 1 0 9-261 Platted property, dividing, . 0 a 0 * 0 0 4 # 9-3 Water and sewer systems, requirements Police public safety facility impact fee for ................. $ ... $ $ ...... 9-261 Appeal .............................. 9-391.12 Septic tanks............................ 9-107 Applicability and exemptions.......... 9-391.3 Sewer systems, requirement for.......... 9-261 Capital expansion plans ............. 1 9-391.8 Sidewalks .............................. 9-221 Credits .............................. 9-391.6 Site plan review Definitions, ......................... 0 9-391.2 Site plan review board Determination of fee amounts ......... 9-391.4 Appeals ....................... $ ... 9-348 Establishment of a trust fund ......... 9-391.7 Clerical support and records, ...... 0 9-343 Levy and purpose ...................0 9-391A Creation .........,.,.............. 9-341 Payment of fees ...................... 9-391.5 Duties ............................ 9-347 Penalty for violation .................. 9-391.11 Meetings ...........,.............4 9-344 Refunds ............................. 9-391.9 Procedures, regulations and fees.... 9-345 Vested rights ......................... 9-391.10 Prohibitions....................... 9-346 Preliminary plan Purpose; composition ... . ... . ... . ... 9-342 Action on preliminary and plan by city Violations, penalty ................. 9-349 council ......................... 9-47 Soil, rock, etc., removal.................. 9-8 Approval of preliminary plan to be con- Streets and alleys strued only as authority to submit Access streets, paving of .............. 9-150 final plan ....................... 9-49 Alleys ............................... 9-158 Filling and contents of preliminary map Classification ........................ 9-146 and plan ........................ 946 Cul-de-sacs; dead ends................ 9-152 Supp. No. 3 3122 LAND DEVELOPMENT (Confd.) Easements ........................... General layout; connections with exist- ing streets ...................... Grassing, mulching, sodding ......... . Half streets .......................... Intersections ......................... Minimum rights -of --way and paving width Naming streets. . 0 0 * 0 0 0 0 * 0 0 0 0 0 a 0 9 & * 0 a . Paved, streets to be, . 0 * 6 0 4 4 6 0 o * 0 o # 0 4 * 0 Paving costs ......................... Paving of access streets ............... Private streets ....................... Required improvements Roadway base material, standards for Street markers .................... Streetlights and traffic signs........ Surfacing of streets, standards for . . Roadway base materials, standards for Street grades, generally. . Street markers ....................... Street names. . 4 4 Streetlights and traffic signs ......... . Surfacing of streets ................... Typical street sections ................ Subdivision requirements, waiver to..... . Transportation impact fees Appeals of impact fee determinations . . Authority and applicability........... . Building permits Limitations on issuance of......... . Credits .............................. Definitions ........................... Exemptions .......................... Impact agreement ................... . Independent impact fee calculation ... . Intent and purpose. Penalty.............................. Presumption of maximum impact..... . Return offunds...................... Review .............................. Road impact fees Collection of fee assessments ...... . Determination of .................. . Rate schedule ..................... Total road impact fee calculations .. . Rules of construction ................ . Short title ........................... Site -related road improvements ...... . Trust fund, establishment of ......... . Use of funds collected. . . Vested rights ......................... Uniform building numbering system .... . See: BUILDINGS Utilities Services to be underground, exception . Water and sewer systems, requirements for............................. Valley gutters .......................... CODE INDEX Section Section LAND DEVELOPMENT (Cont'd.) 9-159 Variances .............................. 9-5 Appeals from granting of ............. 9-6 9-153 Vested rights 9-160 Appeals.... 9402(b) 9-154 Application for special use permit ..... 9402(a) 9455 Determining, standards for ........... 9403 9447 Intent ............................... 9-401 9-298 Limitations on determination ......... 9404 9449 Water and sewer systems, requirements 9451 for ................................ 9-261 9450 Zoning regulations ...................... 20-1 et seq. 9-157 See: ZONING 9-201 9-203 9-204 9-202 9-201 9-147 9-203 9-156 9-204 9-202 9-296 9-4 9-386.21 9-386.1 9-386.5 9-386.11 9-386.4 9-386.14 9-386.10 9-386.8 9.386.2 9-386.20 9-386.9 9-386.18 9-386.19 9-386.16 9-386.6 9-386.7 9-386.8 9-386.3 9-386.1 9-386.13 9-386.15 9-386.17 9-386.12 9-370 et seq. 9-104 9-261 9-297 [The next page is 3129) Supp. No. 0 3123 CODE INDEX Section Section LICENSES AND PERMITS MERCHANDISE. See: GOODS, WARES OR Adult entertainment establishments ..... 10-68 MERCHANDISE Awnings, permit for erection over side- MINORS walks... .......................... 17-51 et seq. See: STREETS AND SIDEWALKS Adult entertainment establishments Dance hall permit. . 4 4 * 6 * 4 0 0 a a s s a * * f 0 0 0 10411 Admission of minors.................. 10-65 Excavation permit ...................... 17-76 Sales to,............................. 10-67 Fences, walls, hedges, permits ........... 6-186 Alcoholic beverage sales near schools proof Flood damage control development permit 8-33 hibited ............................ 3-1 Industrial wastewater contribution permit 19-52 Secondhand precious metals, dealing with Occupational license taxes persons under age eighteen years pro - Delinquency penalty established....... 10-32 hibited............................ 10455 License taxes established ............. 10-29 MOBILE HOMES AND MOBILE HOME License year established .............. 10-27 PARKS Limitation on term; half -year licenses.. 10-28 Zoning regulations for trailers and mobile Required. . s a & # 0 * 4 0 0 0 * 0 # 6 6 0 0 0 0 a a a 0 0 0 M a 10-26 homes,............................ 20-91 et seq. Revocation ........................... 10-31 See: ZONING Transfer of license .................... 10-30 Peddlers and solicitors permit ........... 10436 et seq. MONTH See: PEDDLERS, CANVASSERS AND Definitions and rules of construction ..... 1-2 SOLICITORS MONUMENTS Sign permit ............................ 16-53 et seq. See: SIGNS AND ADVERTISING Land development monuments........... 9480 Street and sidewalk permit .............. 174 et seq. MOTELS. See: HOTELS AND MOTELS See: STREETS AND SIDEWALKS Tree removal, land clearing permit ....... 5-4 et seq. MOTOR VEHICLES AND TRAFFIC Vested rights special use permit ......... 9402 Abandonment Impoundment and redemption. 12-54 LIENS Prohibited ........................... 12-53 Code enforcement board lien. . 0 2-62 Adoption of state law.................... 12-2 Application for satisfaction or release of 2-61.5 Buses Stands, use of, . 12-68 LIQUOR. See: ALCOHOLIC BEVERAGES Citations LITTERING Alteration or destruction .............. 12-32 Failure to obey ....................... 12-31 Nuisance provision. . 13-2 Issuance............................0 12-29 Streets, sidewalks, etc., littering ......... 17-28 Cleaning, repairing vehicles on roadway .. 12-66 LOCAL IMPROVEMENTS. See: PUBLIC Definitions ............................. 12-1 WORKS AND IMPROVEMENTS Fines for violations ..................... 12-30 Gongs, sirens on vehicles, noise provisions 13-32 LOUDSPEAKERS Handbill distribution on or in vehicles.... 16-28 Noise provisions ........................ 13-30, 13-31 Impoundment Illegally parked or abandoned vehicles, M impoundment and redemption of . 12-54 Intersections MANUFACTURED HOUSING Fences, etc., limitations re ............ 6491 Flood damage control standards ......... 8-51 Land development requirements....... 9455 Obstructions ......................... 17-30 MAPS. See: SURVEYS, MAPS AND PLATS Stop intersections MAY, SHALL Certain ordinances not affected by Code ......................... 1-7(14) Definitions and rules of construction ..... 1-2 Land development MAYOR Off-street parking and loading ........ 9-276 et seq. Election proclamation ................... 2-82 See: LAND DEVELOPMENT Mobile homes to be parked in mobile home MECHANICAL CODE parks; exception ................... 12-70 Code adopted ........................... 6-146 Off-street parking and loading Definition .............................. 6-147 Generally............................ 12-69 Fees ................................... 6-149 Land development requirements....... 9-276 et seq. Inspection .............................. 6-148 See: LAND DEVELOPMENT Supp. No. 3 3129 MOTOR VEHICLES AND TRAFFIC (Cont'd.) Zoning regulations ..................a See: ZONING One-way streets Certain ordinances not affected by Code Parking, stopping and standing Bus, taxi stands, use of .............. . Chief of police, powers and duties re parking of vehicles ............. . Cleaning, repairing vehicles on roadway Impoundment and redemption of ille- gally parked vehicles ............ Land development requirements for off- street parking and loading ...... . See: LAND DEVELOPMENT Loading or unloading zones .......... . Mobile homes to be parked in mobile home parks; exception .......... . No -parking areas Certain ordinances not affected by Code.......... 0 & 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., ... 6 *passed of 999*6044 so Police department Chief of police, duties and powers of re operation and parking of vehicles. Citation Alteration or destruction of......... Failure to obey ...................a Issuance of ........................ Referral of parking violations to hear- ing officer .................... Duties to regulate motor vehicles and traffic .......................... Fines for violations ................... Traffic violation bureau, powers and du- ties of .......................... Regulations generally ................... Speed limits Certain ordinances not affected by Code Vehicular speed limits ............... . Taxicabs Passenger rates Certain ordinances not affected by Code, . 0 a 4 a 4 4 6 0 0 6 4 4 0 a a a a 0 0 a 4 a a Stands, use of. .... ME to do$ 0 Traffic violation bureau, powers and duties of* 4 0 0 4 0 a a 0 0 F 9 0 9 a a 9 d 0 0 6 & a a 0 6 a a 0 4 4 4 0 Traffic -control signs, signals and devices Certain ordinances not affected by Code Land development; streetlights and traf- fic signs ........................ WINTER SPRINGS CODE Section Section MOTOR VEHICLES AND TRAFFIC (Cont'd.) 20428 et seq. Obedience to ......................... 12-67 Truck routes Certain ordinances not affected by Code 1-7(14) 14(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..... 20431 et seq. See: ZONING 12-54 MULCHING 9-276 et seq. Land development requirements ......... 9460 12-69 N 12-70 NOISE Animals, birds .......................... 13-34 Disorderly conduct ...................... 13-27 1-7(14) Drums, loudspeakers, etc, d 0 a 0 4 6 4 6 * 0 0 0 0 4 6 13-30 Gongs, sirens on vehicles ................ 13-32 12-67 rR .. .. 11 1"pr u1.�,..,, a:I.rl. ers ..... 13-31 Peddlers, hawkers, vendors ............. 0 13-28 9-276 et seq. Prohibited generally Y .................... 13-26 20428 et seq. Radios, phonographs, etc., playing ....... 13-33 School, church, hospital zones ..... , ..... 13-28 12-65 NUD11`Y Nudity prohibited upon alcohol licensed premises and bottle clubs........... 3-10 14(14) 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 Swimming pool nuisances ............... 6-222 12-51 NUMBER Definitions and rules of construction ..... 1-2 1-7(14) 12-52 O OATH, AFFIRMATION, SWEAR OR SWORN Definitions and rules of construction ..... 1-2 1-7(13) OBSCENITY. See: INDECENCY AND OB- 12-68 SCENITY 12-28 OFFENSES Assessment and collection of court costs; 1-7(14) use ............................... 11-2 Certain ordinances not affected by Code .. 1-7(1) 9-204 City -owned shade trees, injuring ......... 114 Supp. No. 3 3130 OFFENSES (Cont'd.1 Civil infractions, schedule of ............. Code does not affect prior offenses, etc... . Firearms, discharging or brandishing ... . Repeal of ordinances, effect of........... . State misdemeanors adopted; penalty ... . Tree prohibitions ....................... Trespass ............................... OFFICERS AND EMPLOYEES Building inspector ...................... See: BUILDINGS Certain ordinances not affected by Code . . City forester ............................ Code enforcement board inspector........ Code enforcement officers .............. . Code violations General penalty; continuing violation; violations as public nuisance .... . Definitions and rules of construction .... . Deputy fire chief. a 4 F * 0 0 1 * 4 F # 6 6 0 0 0 0 0 a 0 4 a 0 Election supervisor ..................... Emergency management director ....... . Fire chief. . 4 0 a * F F # 0 a 9 a 0 4 a 4 4 a 0 0 a 9 * 0 * a 0 * a 0 Deputy fire chief ................... 0 . 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 deed . OLD AGE AND SURVIVORS INSURANCE. See: OFFICERS AND EMPLOYEES OPEN-AIR BURNING Regulated .............................. 19 PARKS AND RECREATION Adult entertainment establishments Prohibited locations .................. Concurrency administration and evalua- tion procedure Level of service standards (LOS) for parks and recreation ............ Public grounds Definitions and rules of construction.. . CODE INDEX Section Section PARKS AND RECREATION (Cont'd.) 2-69.4 Use of city athletic facilities; fees ....... 0 2-2 1-9 11-5 PEDDLERS, CANVASSERS AND SOLICI- 1-8 TORS 114 Alcoholic beverage vendors in the town ... 3-2 5-10 At-home sales .......................... 10-137 11-3 Noise provisions .................... edge 13-29 Transient or itinerant solicitors; permit 6-5 et seq. required; prerequisite to issuance ... 10436 14(18) PENSIONS AND RETIREMENT 5-5 Officers' and employees' pension plan deed 14-51 et seq. 2-59 See: OFFICERS AND EMPLOYEES 2-67 et seq. PERFORMANCE BONDS. See: BONDS, SURETY OR PERFORMANCE 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 9-514 1-2 Supp. No. 3 3131 PERSON Definitions and rules of construction .... . PHONOGRAPHS Noise provisions ............ oboe ....... . PLANNING AND DEVELOPMENT Comprehensive plan Adherence to law ..................... Adopted ............................. Compliance ......................... . Distribution of copies ................. Comprehensive plan amendments Advertisement of public hearing...... . Application deadline ................. . Authority, purpose and intent ....... 4 . City commission transmittal public hear- ing............................. Department of Community Affairs com- ments.......................... Effectiveness of the adopted amend- ment........................... Exemptions .........................4 Initiation of amendments ............ . Local planning agency review and rec- ommendation ................... Review Criteria ........................... Procedure ......................... Transmittal of adopted amendment to the Department of Community Af- fairs............................ Land development ..................... . See: LAND DEVELOPMENT Master beautification plan. . 0 F D 9 a 4 0 0 0 f a . See also: BEAUTIFICATION BOARD Tree protection and preservation Protection during development, construc- tion; periodic inspection......... . Zoning regulations generally, . 0 F 9 * 0 0 0 0 a * 1 See: ZONING 1-2 15-26 15-28 et seq. 15-27 15-29 5-14 20-1 et seq. WINTER SPRINGS CODE Section PLATINUM Secondhand precious metals ............. 10451 et seq. See: SECONDHAND PRECIOUS MET- ALS PLATS. See: SURVEYS, MAPS AND PLATS PLAYGROUNDS Prohibitions ............................ 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 13-2 PURCHASING. See: FINANCES PLUMBING Cross -connection control, backflow preven- tion ............................... 19-151 et seq. See: UTILITIES Fees................................... Inspection .............................. Plumbing code adopted .................. Swimming pools, plumbing requirements re................................. Terms defined .........................9 POLICE DEPARTMENT Emergencies, police ............. Reebok . . Police public safety facility impact fee ... . See: LAND DEVELOPMENT 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 PROPERTY Abandoned property, disposition by city.. . City -owned personal property Definition, .... low* dig 0 fees as 6 04*6*04 6 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. R h 0 4 4 o 4 a F 4 V 6 6 0 q 4 0 0 0 0 0 * 6 PUBLIC PLACES. See: STREETS AND SIDE- WALKS PUBLIC SERVICE TAX. See: TAXATION 6-129 6-128 6-126 6-221 6-127 2-262 9-391 et seq. 12-26 et seq. 1-2 2-1 2-191 2-194 2-192 2-193 2-194 1-2 0 RADIOS Noise provisions ....................... . RATIONING Declaration of a state of emergency ..... . REAL ESTATE Signs.................................. RECLAIMED WATER SYSTEM. See: UTILI- TIES RECREAXION. See: PARKS AND RECRE- ATION RETIREMENT. See: PENSIONS AND RE- TIREMENT ROCKS Land development rock removal. . RUMMAGE SALES At-home sales .......................... S SCHOOLS Adult entertainment establishments Prohibited locations .................. Alcoholic beverage sales prohibited near.. Noise provisions ....................... . SECONDHAND PRECIOUS METALS Dealing with persons under age eighteen years prohibited ..................4 Definitions .................:........... Minors Dealing with persons under age eigh- teen years prohibited............ Storage of articles during waiting period . Transactions, register of, R q 0 0 a 0 b 0 6 4 * 0 4 0 q R Waiting period prior to disposal of certain property, 6 0 0 1 0 4 a 6 0 4 4 0 6 0 0 1 9 0 0 0 0 1 6 0 b a Section 1-15 9-176 et seq. 2-265 10-155 10-151 10-153 SECURITY ALARM Provisions generally, ................. . .. 13-51 et seq. 16-27 See: ALARMS, ALARM SYSTEMS 16-82 SEMINOLE COUNTY. See: COUNTY Supp. No. 3 3132 SEPTIC TANKS Land development, septic tank require - menu......................... SEPTIC TANKS (Cont'd.) Wastewater system, private septic tanks re SEVERABILITY Severability of parts of Code. . SEWERS. See: UTILITIES SHALL, MAY Definitions and rules of construction .... . SHRUBBERY. See: TREES AND SHRUB- BERY SIDEWALKS. See: STREETS AND SIDE- WALKS SIGNATURE, SUBSCRIPTION Definitions and rules of construction .... . SIGNS AND ADVERTISING Adult entertainment establishments .... . Banners. F 0 & 6 s 6 h 4 0 0 0 0 * s a d # * & 0 0 * 0 0 0 9 4 0 Bench signs .........................Fee Building permit required ............... . Construction signs ..................... . Definitions ............................. Directional signs,. gas bodbo#*@ 4 see 9 a * * a 0 # Garage sale signs ....................... Handbills and procedures, distribution of Aiding and abetting prohibited ....... . Exemptions from provisions .......... . Findings offact ...................... Granting of variances, F * V * 4 0 0 9 0 0 1 b a * a . Residential property, distribution upon prohibited without consent of owner Vehicles in public places, distribution on or in prohibited ................. Identification signs .................... . Nonconforming signs .................... Outdoor display/billboards Off -premises signs prohibited ........ . On -premises signs ................... . Permits Building permit required, . Exemption from permit requirement.. . Fee.................................. Political signs ......................... . Prohibited signs. Purpose and intent ..................... Real estate signs.,,.,,,,,, F 0 0 seete bb**G& Standards generally. F * a 0 F 0 V * 0 q V * 0 0 1 0 0 0 0 e Traffic signs ...........................0 Variances .............................. Weather. F 4 0 * 0 * 4 4 4 1 F 0 6 0 0 0 4 t 4 V I V 0 4 F 0 0 * 0 CODE INDEX Section SODDING 19-29 Land development requirements ........ . SOIL 1-13 Land development soil removal ......... . SOLICITORS. See: PEDDLERS, CANVASS- ERS AND SOLICITORS 1-2 SPRINKLER SYSTEMS Automatic fire sprinkler systems Florida Fire Prevention Code, local amendment to ................. . 1-2 10-63 16-87 16-85 16-53 16-81 16-51 16-84 16-83 16-28 16-86 16-56 16-77 16-78 16-53 16-55 16-54 16-80 16-57 16-52 16-82 16-76 12-67 16-58 16-88 SILVER Secondhand precious metals ............. 10-151 et seq. See: SECONDHAND PRECIOUS MET- ALS SIRENS Noise provisions ....................... . 13-32 Supp. No. 0 3133 STAGNANT WATER Property owner responsibility re ....... 9 . STATE Definitions and rules of construction .... . Florida Building Code, administrative amendments to. See: BUILDINGS Florida Fire Prevention Code, local amend- mentto ......................... 6 . See: FIRE PREVENTION AND PRO- TECTION STORAGE Temporary storage structures............ Section 1-2 7-46 et seq. STORMWATER Stormwater management utility ......... 19-161 et seq. See: UTILITIES STREETS AND SIDEWALKS Access control .......................... 17-29 Code violation Penalty by labor on street. . 145 Dedicating, naming, establishing, etc., streets Certain ordinances not affected by Code i-7(5) Definitions and rules of construction 1-2 ..... Excavations Barricades, erection and lighting of.... 17-80 Bond required. . 0 a s a 9 0 a 0 0 0 9 a * a 9 0 * s a 6 * 9 17-77 Duty and liability of permit holder..... 1749 Erection and lighting of barricades .... 17-80 Inspection ........................... 17-78 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 Intersections, obstruction of vision at..... 17-30 Land development requirements for streets, alleys, bridges, etc .................. 9446 et seq. See: LAND DEVELOPMENT Littering Generally ............................ 13-2 Prohibited ........................... 17-28 Locating, opening, paving, etc., streets Certain ordinances not affected by Code 1-7(5) WINTER SPRINGS CODE Section Section STREETS AND SIDEWALKS (Cont'd.) SURVEYS, MAPS AND PLATS (Cont'd.) New street; permit required ............ 9 17-26 Land development platting requirements. 94 et seq. Obstructions See: LAND DEVELOPMENT Street intersections, vision at ......... 17-30 Zoning map Streets and sidewalks; permit required 17-1 Certain ordinances not affected by Code 1-7(15) Permits Working maps and procedures......... 20402 Awnings erected over sidewalks, per- mits re ......................... 17-51 et seq. SWEAR OR SWORN. See: OATH, AFFIRMA- See herein: Sidewalks TION, SWEAR OR SWORN Excavation permits SWIMMING POOLS Duty and liability of permit holder .. 17-79 Code adopted ........................... 6-210 Generally ......................... 17-76 Conflict with deed restrictions ........... 6-223 New street; permit required........... 17-26 Contractor's qualifications ............ . .. 6-214 Obstructing streets and sidewalks; per- Definitions ............................. 6-211 mit required .................... 17-1 Design and construction requirements.... 6-216 Public places Electrical requirements ................. 6-220 Definitions and rules of construction... 1-2 Enclosure required ...................... 6-217 Rights -of -way permit fee election......... 18-31 General construction ,provisions for con - Sidewalks crete pools, . 0 1 0 a 6 0 a 6 4 9 0 0 6 0 6 s 6 0 0 9 9 a 0 6-218 At-home sales ........................ 10-137 Inspection.............................. 6-213 Definitions and rules of construction... 1-2 Nuisances .............................. 6-222 Land development requirements....... 9-221 �`.., ^ c _..� r Permit for erection of awnings, etc., over -., JL p::,:- b a 0 0 V 6 4 0 0 0 0 * a a 4 ' 4 ' ' ' ' 4 ' ' `l° sidewalks Permit Application; plans and specifications ... 6-212 Fee fired; application .ion .............a 17-52 Plumbing requirements ................. 6-221 Required; application .............. 17-51 Stagnant water......................... 13-2(e) Transportation impact fees .............. 9-386.1 et seq. Y,rd^ See: LAND DEVELOPMENT Trees and shrubbery, removal prohibited . 17-28 Uniform building numbering system ..... 9-370 et seq. T See: BUILDINGS TAXATION Unsafe buildings, closing streets for vacat- ing ................................ 6-169 Certain ordinances not affected by Code.. 1-7(7) Local improvements assessments Vacating and abandoning streets and al- leys ....................... Alternative method ................... 18-94 ........ 17-27 Violations, penalties, a 0 a I a 0 a 6 & 4 * 0 0 a 0 6 0 0 t 0 17-31 Assessed areas and advisory committees Widening, vacating, etc., streets Creation of advisory committees .... 18-55 Certain ordinances not affected by Code 1-7(5) Definition of assessed areas ........ 18-54 Landowner petition process......... 18-56 SUBDIVISIONS Collection of assessments Certain ordinances not affected by Code .. 1-7(10), (12) Alternative method of collection..... 18-82 Flood damage control standards ......... 8-51 Government property .............. 18-84 Land development ...................... 9-1 et seq. Method of collection................ 18-81 See: LAND DEVELOPMENT Responsibility for enforcement ...... 18-83 Planned unit developments, subdivision plan 20-83 et seq. Definitions .......................... 4 18-51 See: ZONING General findings ..................... 18-53 Zoning regulations generally. a 0 0 1 * 6 4 a a a 9 1 20-1 et seq. Interpretation; title and citation....... 18-52 See: ZONING Issuance of obligations Anticipation notes ................. 18-89 SUBSCRIPTION, SIGNATURE General authority, a a 0 a a 1 0 0 4 6 F V a 0 a a 0 18-85 Definitions and rules of construction ..... 1-2 Refunding obligations ... . .......... 18-93 SUITS, ACTIONS AND OTHER PROCEED- Remedies of holders ................ 18-92 INGS Taxing power not pledged .......... 18-90 Temporary obligations, ............. 18-88 Repeal of ordinances, effect of............ 1-8 Terms of the obligations ............ 18-86 SURETY BONDS. See: BONDS, SURETY Trust funds, a V V 0 4 s 0 0 6 0 0 0 1 0 0 4 0 a 4 6 6 4 4 18-91 OR PERFORMANCE Variable rate obligations ........... 18-87 Local improvement assessments SURVEYS, MAPS AND PLATS Adoption of final local improvement Certain ordinances not affected by Code .. 1-7(10) assessment resolution ......... 18-62 Supp. No. 3 3134 TAXATION (Cont'd. 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, . a 4 9 0 9 a 4 9 a a * a a * V 6 0 6 6 a * 0 6 6 1 6 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............................ Publication ..................... Procedural irregularities ........... Related service assessment roll .... . Revisions to related service assess- ments ........................ Municipal public service tax Collection by seller .................. . Exemptions .........................a Interest and penalties ............... . Levy...............................a Rights -of --way permit fee election ..... . Seller's records........ BOB to mote* TAXICABS. See: MOTOR VEHICLES AND TRAFFIC Section Section THEATERS Adult entertainment establishments ..... 10-56 et seq. 18.63 See: ADULT ENTERTAINMENT ES. 18-57 TABLISHMENTS 18-68 TRAFFIC. See: MOTOR VEHICLES AND 18-64 TRAFFIC TRAILERS. See: MOBILE HOMES AND MO. 18-58 BILE HOME PARKS 18-65 18-59 TRASH. See: GARBAGE AND TRASH 18-61 TREES AND SHRUBBERY 18-60 Injuring city -owned shade trees.......... 114 18-67 Land development 18-66 Clearing rights -of --way of trees ........ 9429 Streets, removal of trees and shrubbery on 17-28 Tree protection and preservation 18-74 Applicability ......................... 54 Authorization to adopt rules, regula- 18-75 tions, fees for implementation .... 549 18-69 Calculating tree protection zone, (App. 18-80 D to Chap. 5) City forestry office. . 9 5-5 18-76 Definitions ..........................6 5-3 Desirable trees, (App. B to Chap. 5) 18-70 Development, construction, protection 18-77 during; periodic inspection ....... 5-14 Enforcement; penalties ............... 548 18-73 Intent, purpose.... 5-2 18-72 Minimum tree requirement. 5-13 18-79 Permit required: tree removal, land clear- 18-71 ing; separate violations; criteria .. 5-4 Application, permit ........... most* 5-6 18-78 Contents; expiration; removal after expiration of permit........... 542 18-28 Preferred plant list, (App. C to Chap. 5) 18-27 Prohibitions. 6 6 * 6 * . * * * 0 0 & P 9 4 4 9 a 0 0 * a a 6 540 18-30 Remedial action ...................... 547 18-26 Specimen, historic trees, 9 9 q P 0 0 04 a 0 a 0 a 0 5-8 18-31 Tree replacement guidelines........... 5-9 18-29 Undesirable trees, (App. A to Chap. 5) Voluntary tree planting ............... 545 Waivers; appeals ..................... 5-16 TELEGRAPH Public See: TAXATION TELEPHONES Emergency telephone number............ 13-55 Flood damage control ................... 8-2 Public service tax ....................... 18-26 et seq. See: TAXATION TELEVISION Dish antenna. 6-83 TERRITORY Annexations Certain ordinances not affected by Code 1-7(9) Supp. No. 3 3135 TRESPASSING Conditions constituting trespassin Utility protection g ...... 11-3 , enforcement Trespass ............................. 19-303 U UNSAFE BUILDINGS. See: BUILDINGS 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 WINTER SPRINGS CODE Section UTILITIES (Cont'd.) Cross -connection control, backflow preven- tion Administration........ add M*O*eato eve 6 19-153 Backflow prevention devices Installation, testing and maintenance of ............................ 19-155 Changes to manual ................... 19-152 Cross -connection violations and penal- ties ............................. 19456 Inspection and testing, right of access.. 19454 Intent ............................... 19450 Manual adopted by reference; compli- ance required ................... 19-151 Fees. See herein: Rates, Fees and Charges Fences, walls, etc., for utility easement ... 6492 Flood damage prevention requirements re utilities ........................... 84 et seq. See: FLOOD DAMAGE PREVENTION Garbage service to be provided for certain tenants ........................... 19-1 T n" %A Utilities services to be underground, ex- ception ........................6 9-104 Water and sewer systems, requirements for ............................. 9-261 P^rmits Industrial wastewater contribution per- mit ............................d 19-52 Public service tax.... .... too doffitf&* & a a 9 a 18-26 et seq. See: TAXATION Rates, fees and charges Wastewater system ...... . ............ 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,....... 19439 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 Rates, schedule of .................... 19-164 Stormwater management utility fund.. 19467 Title ................................. 19-161 Utility protection, enforcement Enforcement ........................a 19-304 Meters furnished by, remain property of of city; all water must pass through meter, . 6 0 0 * 9 a 6 0 0 1, 0 6 * 0 * 9 0 1 0 a * * a 6 4 19-300 Supp. No. 3 3136 Section UTILITIES (Cont'd.) 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. . 0 9 a 0 b 0 a a 0 4 0 a 19-72 Definitions ........................... 19-26 Discharges prohibited, a a 0 0 Sao & 0 4 10 409 0 1941 Enforcement ............. 19-53 off ........a 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......... 19-28 Rates, fees and charges Annual rate review ................ 19-99 Appeals ........................... 19-98 Application requirements........... 19-100 Billing, payment, delinquency ...... 19-97 Conservation methods .............. 19-94 Definitions ........................ 19-91 Intent ............................. 19-92 Office hours ....................... 19-101 Penalties and charges ............. 0 19-31 Policy for bill adjustments for unex- plained excessive use.......... 19-98.5 Revenue .......................... 19-95 Sewerage revenue generation system Accountant certification of ade- quate maintenance ......... 19429 Accounts established ............ 19-126 Deposits ........................ 19-127 Expenditures ..................0 19-128 User charge Generally ....................... 19-96 Schedule, a 4 P & a a & I a a 19-102 1 6 6 4 a 1 0 0 0 4 0 a * System ........................a 19-93 Septic tanks, private, 6 0 f V 0 0 a 6 * 6 a a & 0 a 0 a 19-29 Sewerage revenue generation system Accountant certification of adequate maintenance ................. 19429 Accounts established, a 1 0 0 4 a 19-126 I f a 0 0 0 d a Deposits .........................0 19427 Expenditures ...................... 19428 Use of wastewater system, a a 1 0 0 0 a I 1 6 a a 19-27 Water shortage conditions and shortages Application of this article .. . .......... 19-202 Definitions., a 9064 ad 19-201 0 owl 0 1 a a a a 4 0 & 0 1 0 a o Enforcement ........................4 19-205 Exception ............................ 19-206 Implementation ... . .................. 19-203 Intent and purpose ................... 19-200 UTILITIES (Cont'd.) Penalties ............................ Water use constitutes acceptance of pro- visions of the article ............ . Water uses, surcharges and factors con- sidered ........................a CI 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 WATER AND SEWERS. See also: UTILITIES Concurrency administration and evalua- tion procedure Level of service standards (LOS) ..... . See: LAND DEVELOPMENT Declaration of a state of emergency; water use restrictions .................... Kennels Generally ............................ Zoning, . * 9 a Reclaimed water system ................ . See: UTILITIES Water shortage conditions and shortages . See: UTILITIES WATERWAYS AND WATERCOURSES Flood damage prevention ................ See: FLOOD DAMAGE PREVENTION Prohibitions ............................ W WEAPONS. See: FIREARMS AND EAP- ONS WEATHER Weather emergencies ................... . WEEDS Accumulation or untended growth of .... . WINE. See: ALCOHOLIC BEVERAGES WINTER SPRINGS. See: CITY Supp. No. 3 CODE INDEX Section WRITS, WARRANTS AND OTHER PRO,, 19-207 CESSES Subpoenas 19-208 Code enforcement board powers ...... . 19-204 WRITTEN, IN WRITING Definitions and rules of construction .... . 9-510 et seq. 2-255 20-415 20-416 19-136 et seq. 19-200 et seq. 8-1 et seq. 13-2 2-261 13-2(c) Y YARD SALES At-home sales .......................off YARDS AND OPEN SPACES Land development; public sites and open Section 1-2 spaces ............................ 9-103 Swimming pools, yard requirements re ... 6-219 Zoning regulations generally. ............ 204 et seq. See: ZONING YEAR Definitions and rules of construction ..... 1-2 [The next page is 3141] 3137 CODE INDEX Section Z ZONING Actions to alter, etc.,..... 20-28 Adult entertainment establishments Generally ............................ 10-57 Residential rezoning .................. 10-61 Animals ................................ 20413 Basis for regulations and requirements herein set forth .................... 20-2 Board of adjustment Compensation; allowances for expenses incurred in performance of duties. 20-80 Composition, appointment of members. 20-77 Creation ............................. 2046 Duties and powers; generally.......... 20-82 Meetings; quorums; records to be kept. 20-81 Procedures ........................... 20-83 Term; filling vacancies; removal of mem- bers ............................ 20-78 Buffers Residential wall buffers required ...... 20417 Building area regulations C-1 Neighborhood Commercial Districts 20-236 C-2 General Commercial and Industrial Districts ........................ 20-253 R-1 One -Family Dwelling District ..... 20-185 R-lAA and R4A One -Family Dwelling Districts... .... DO** of of*@ 1*46660 20-165 R-lAAA Single -Family Dwelling Dis- tricts ........................... 20-125 R-3 Multiple -Family Dwelling Districts 20-210 R-CI Single -Family Dwelling Districts . 20445 R-U Rural Urban Dwelling Districts ... 20-270 T-1 Trailer Home Districts ............ 20-295 Building height regulations C-1 Neighborhood Commercial Districts 20-235 I4 Light Industrial District........... 20-260 114 One -Family Dwelling District ..... 20-184 R-lAA and R-lA One -Family Dwelling Districts ........................ 20464 R-lAAA Single -Family Dwelling Dis- tricts ........................... 20-124 R-3 Multiple -Family Dwelling Districts 20-209 R-CI Single -Family Dwelling Districts . 20-144 R-U Rural Urban Dwelling Districts ... 20-269 C4 Neighborhood Commercial Districts Building height regulations ........... 20-235 Building site area regulations ......... 20-236 Conditional uses ..................... 20-234 Front, rear and side yard regulations .. 20-237 Generally ............................ 20-231 Nonconforming uses .................. 20-233 Off-street parking regulations ......... 20-238 Uses permitted ....................... 20-232 C-2 General Commercial and Industrial Districts Building site area regulations ......... 20-253 Generally ............................ 20-251 Uses permitted ....................... 20-252 Supp. No. 3 3141 Section ZONING (Cont'd.) Certain ordinances not affected by Code .. 14(15) Changes and amendments ............... 20-104 City commission, action of ............... 20-27 Code enforcement board ................. 2-56 et seq. See: CODE ENFORCEMENT BOARD Commercial vehicles defined ............. 20-432 Comprehensive plan ................... 4 15-26 et seq. See: PLANNINGAND DEVELOPMENT Conditional uses Cool Neighborhood Commercial Districts 20-234 I-1 Light Industrial District ........... 20-261 114 One -Family Dwelling District ..... 20483 R4AA and R-lA One -Family Dwelling Districts ........................ 20-163 R-lAAA Single -Family Dwelling Dis- tricts ........................... 20423 R-3 Multiple -Family Dwelling Districts 20-208 R-CI Single -Family Dwelling Districts . 20-143 R-U Rural Urban Dwelling Districts ... 20-268 Construction ROT Mobile Home Park Districts, appli- cation for construction........... 20-317 Definitions ............................. 20-i Districts Cool Neighborhood Commercial Districts 20-231 et seq. C-2 General Commercial and Industrial Districts ........................ 20-251 et seq. Changes and amendments ............ 20404 Division of city ....................... 20401 GreeneWay Interchange Zoning District 20-328 et seq. I4 Light Industrial District........... 20-258 et seq. Official zoning map, working maps and procedures ...................... 20-102 Planned unit development Part A ............................ 20-351 et seq. Part B ............................ 20-376 et seq. R-1 One -Family Dwelling District ..... 20481 et seq. R4AA and R-lA One -Family Dwelling Districts ........................ 20461 et seq. R-lAAA Single -Family Dwelling Dis- tricts ........................... 20421 et seq. R-3 Multiple -Family Dwelling Districts 20-206 et seq. R-CI Single -Family Dwelling Districts . 20441 et seq. Restrictions upon lands, buildings and structures ...................... 20403 R-T Mobile Home Park Districts....... 20-311 et seq. R-U Rural Urban Dwelling Districts ... 20-266 et seq. T-1 Trailer Home Districts ............ 20-291 et seq. Town Center District Code ............ 20-320 et seq. Division of city ......................... 20401 Exceptions ............................. 20414 Final development plan Alterations, . 0 a 4 a * 0 & 4 . W 4 6 . 0 0 0 4 M 4 so M & & 6 20-359 Planned unit development Part A...... 20-357 Final engineering plan Planned unit development Part B, ap- proval .......................... 20-384 WINTER SPRINGS CODE Section Section ZONING (Cont'd.) ZONING (Cont'd.) Final subdivision plan Storage, repair, etc., of disabled motor Planned unit development Part B ..... 20-383 vehicles; approved... .... 0 be Massa 20-433 Alterations... .. ad eel Dow ease sea stem 20-386 Nonconforming uses re C-1 Neighborhood Flood damage prevention ................ 8-1 et seq. Commercial district ................ 20-233 See: FLOOD DAMAGE PREVENTION Official zoning map, working maps and Front yard regulations. See herein: Yards procedures ........................ 20402 and Open Spaces Off-street parking regulations Gasoline stations .... ease ... ; ........... 20-418 C-1 Neighborhood Commercial Districts 20-238 GreeneWay Interchange Zoning District R-1 One -Family Dwelling District ..... 20489 Buffers and walla .................... 20-336 R-lAA and R-lA One -Family Dwelling Building and screening design guide- Districts ........................ 20469 lines..... .. at assessed some 9 6 0 a * 0 a 20-340 R-lAAA Single -Family Dwelling Dis- Building height ..................... 0 20-331 tricts ........................... 20-128 Cross -access easements ............... 20-339 R-3 Multiple -Family Dwelling Districts 20-213 Developer's agreement ................ 20-341 R-CI Single -Family Dwelling Districts . 20-148 General uses and intensities .......... 20-329 R-U Rural Urban Dwelling Districts ... 20-273 Land coverage ....................... 20-333 Parking, storage or maintenance of certain Landscaping ......................... 20-335 vehicles prohibited in residentially Permitted uses, conditional uses, acces- zoned districts ..................... 20-431 sory uses and structures, off-street Permits parking and driveway requirements 20-334 T-1 Trailer Home Districts ............ 20-293 Prohibited uses ...................... 20-330 Permitted uses Purpose ............................. 20-328 Planned unit development Setbacks........ V&44019V to a 9 a a 9 a a 4 0 a a 20-332 Part As . a 0 4 0 * 0 # # 0 s a a 6 4 P 0 1 9 9 a 9 a 0 a & a 20-353 Signs ................................ 20-337 Part B ............................ 20-379 Utility lines ........................ . . 20-338 Planned unit developments 1-1 Light industrial District Part A planned unit development Building height regulations........... 20-260 Appeal ............................ 20-362 Bulk regulations ..................... 20-262 Control of development following ap- Conditional uses ..................... 20-261 proval after construction com- Generally ............................ 20-258 pleted........................ 20-360 Uses permitted ....................... 20-259 Definitions........................ 20-351 Interpretation, purpose and conflict . . . . . . 20-5 Final development plan ............ 20-357 Kennels ................................ 20-415 Alterations to................... 20-359 Zoning............. a a 0 0 F I a 0 a a a 0 a 0 a 0 0 * 20-416 Intent and purpose of district....... 20-352 Land development ...................... 9-1 et seq. Permitted uses ...................a 20-353 See: LAND DEVELOPMENT Preliminary development plan ...... 20-356 Lot coverage Alterations to ................... 20-358 R-1 One -Family Dwelling District ..... 20-187 Procedure for approval ............ a 20-355 R-lAA and R-lA One -Family Dwelling Site development standards ....... 0 20-354 Districts ........................ 20-167 Time restrictions on approval....... 20-361 R-lAAA Single -Family Dwelling Dis- Part B planned unit development tricts ........................... 20-127 Appeal............................ 20-389 R-3 Multiple -Family Dwelling Districts 20-212 Control of development following ap- R-CI Single -Family Dwelling Districts . 20-147 proval after construction com- R-U Rural Urban Dwelling Districts ... 20-272 pleted........................ 20-387 Master plan Definitions ........................ 20-376 Planned unit development Part B ..... 20-382 Final engineering plan approval .... 20-384 Alterations ........................ 20-385 Final subdivision plan.............. 20-383 Motor vehicles Alterations to .... . .............. 20-386 Authorized commercial vehicles Intent and purpose of district....... 20-377 Limited -term parking permits ...... 20436 Interpretation, purpose and conflict . 20-378 Residential areas, in ............... 20-434 Master plan....................... 20-382 Residentially zoned districts, in..... 20435 Alteration to ................... 0 20-385 Commercial vehicles defined .......... 20-432 Permitted uses .................... 20-379 Exempted vehicles. of ad 0 ape egos ad 9 W 0 0 a 20-437 Procedure for approval of planned unit Parking, storage or maintenance of cer- development, a a 4 0 0 0 6 0 6 0 0 a 0 0 OEM 20-381 tain vehicles prohibited in residen- Site development standards ....... 0 20-380 tially zoned districts ............. 20-431 Time restrictions on approval....... 20-388 Supp. No. 3 3142 CODE INDEX Section ZONING (Cont'd.) Planning and zoning board Assistants ........................... 20-58 Compensation; allowances for expenses incurred in performance of duties. 20-55 Composition, appointment of members . 20-52 Created .............................. 20-51 Duties; general............ oos*oo4*oV* 20-57 Meetings; quorum; records to be kept .. 20-56 Recommendations ...................9 20-59 Term; filling vacancies; removal of mem- bers ............................ 20-53 Preliminary development plan Planned unit development Part A...... 20-356 Alterations ........................ 20-358 Prohibited uses R-T Mobile Home Park Districts....... 20-315 Purpose of provisions ................... 20-3 R-1 One -Family Dwelling District Building height regulations ........... 20484 Building site area regulations ......... 20485 Conditional uses .................... o 20-183 Front, rear and side yard regulations .. 20-186 Generally ............................ 20-181 Lot coverage ......................... 20-187 Off-street parking regulations ......... 20489 Use, area and yard exceptions......... 20488 Uses permitted. . 0 * * 9 9 0 t a 0 9 0 0 0 0 a 6 & 0 * * o 20482 R-lAA and R4A One -Family Dwelling Dis- tricts Building area regulations ............. 20465 Building height regulations ........... 20464 Conditional uses ..................... 20463 Designation .......................... 20-161 Front, rear and side yard regulations .. 20466 Lot coverage ......................... 20467 Off-street parking regulations ......... 20469 Use, area and yard exceptions......... 20468 Uses permitted. . 0 9 * a & 6 * & 0 0 # V 4 a 1 4 * a 0 0 0 20-162 R-lAAA Single -Family Dwelling Districts Building area regulations ............. 20-125 Building height regulations ........... 20424 Conditional uses ..................... 20-123 Designation ........................... 20421 Front, rear and side yard regulations .. 20426 Lot coverage ......................... 20427 Off-street parking regulations ......... 20428 Uses permitted. . 0 * 0 & a 9 * 9 4 & a I a 6 1 4 a * 4 0 a 20-122 R-3 Multiple -Family Dwelling Districts Building area regulations ............. 20-210 Building height regulations ........... 20-209 Conditional uses ..................... 20-208 Designation .........................a 20-206 Front, rear and side yard regulations .. 20-211 Lot coverage ......................... 20-212 Off-street parking regulations......... 20-213 Uses permitted ......................0 20-207 R-CI Single -Family Dwelling Districts Building area regulations ............. 20-145 Building height regulations ........... 20-144 Supp. No. 0 3143 Section ZONING (Cont'd.) Conditional uses ..................... 20443 Designation... 20441 Front, rear and side yard regulations .. 20446 Lot coverage ......................... 20447 Off-street parking regulations ......... 20448 Uses permitted ....................... 20442 Rear yard regulations. See herein: Yards and Open Spaces Residentially zoned districts, parking, stor- age or maintenance of certain vehi- cles prohibited in .................. 20431 Restrictions upon lands, buildings and struc- tures .............................. 20-103 Rezoning R-T Mobile Home Park Districts, appli- cation for rezoning .............t 20-316 Waiting period for ................... a 2417 R-T Mobile Home Park Districts Construction, application ............. 20-317 Definition of terms ................... 20-311 Description of district, . 00040000#&0 Foot 20-312 Minimum development standards and requirements, 4 a A 0 0 a 0 0 4 sa**E94* 20-318 Prohibited uses ...................... 20-315 Rezoning, application ................. 20-316 Special accessory uses ................ 20-314 Special requirements ................. 20-319 Uses permitted ....................... 20-313 R-U Rural Urban Dwelling Districts Building height regulations ........... 20-269 Building site area regulations ......... 20-270 Conditional uses ............. seek .... 20-268 Front, rear and side yard requirements 20-271 Generally ............................ 20-266 Lot coverage ......................... 20-272 Off-street parking regulations ......... 20-273 Uses permitted, . 0 0 6 0 a a a a 0 0 0 * 0 * 0 *46000 20-267 Scope of provisions ...................... 20-4 Side yard regulations. See herein: Yards and Open Spaces Site development standards Planned unit development Part A ............................ 20-354 Part B .....................Botts.. 20-380 Special accessory uses R-T Mobile Home Park Districts....... 20-314 S.R. 434 corridor overlay plan Creation ............................. 20-462 General design standards for new devel- opment area Applicability to new development over- lay zoning district, . & a * 0 1 * 0 0 V 0 a 20-463 Buffers and walls .................. 20-469 Building and screening design guide- lines ......................... 20-473 Building height .................... 20-464 Corridor access management ....... 20-472 Corridor design review board ....... 20-475 Development agreement............ 20-474 WINTER SPRINGS CODE Section Section ZONING (Cont'd.) ZONING (Cont'd.) Land coverage ..................... 20-466 Yards and open spaces Landscaping, ...................... 20468 C-1 Neighborhood Commercial Districts 20-237 Off-street parking and driveway re- R-1 One -Family Dwelling District quirements ................... 20-467 Front, rear and side yard regulations 20-186 Setbacks .......................... 20465 Use, area and yard exceptions...... 20488 Signs ............................. 20-470 R-1AA and R-lA One -Family Dwelling Utility lines ....................... 20471 Districts ........................ 20466 General design standards for redevelop- Use, area and yard exception ....... 20-168 went area R-1AAA Single -Family Dwelling Dis- Applicability to redevelopment over,, tricts ........................... 20426 lay zoning district, . 0 0 * * 0 0 & d 0 0 4 20-480 R-3 Multiple -Family Dwelling Districts 20-211 Buffers and walls .................. 20485 R-CI Single -Family Dwelling Districts . 20446 Building and screening design guide- R-U Rural Urban Dwelling Districts ... 20-271 lines 20-489 T-1 Trailer Home Districts 20-296 ......................... Building height .................... 20-481 ............ Zoning board. See herein: Planning and Corridor access management ....... 20488 Zoning Board Corridor design review board ....... 20491 Zoning map Development agreement............ 20-490 Certain ordinances not affected by Code 1-7(15) Landscaping, D 0 s 0 0 0 a 4 * 4 0 0 s 6 & h 0 so a & d 20-484 Off-street parking and driveway re- nnirPmt nta ... .. .. ..... .. 90-483 Setbacks 20-482 .......................... Signs ............................. 20-486 Utility lines ....................... 20487 Intent........... 6 *do* VD4 voodoo$ 0#0 20-461 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. . 9 0 9 F 0 a 0 9 64*0490 20-291 Minimum front, rear and yard regula- tions ........................... 20-296 Permits, . 20-293 Special requirements. 20-297 Uses permitted ....................... 20-292, 20-294 Telecommunications towers. 20451 Trailers In residential areas ................... 20-411 Uses ................................ 20412 Use, area and yard exceptions R-1 One -Family Dwelling District ..... 20-188 R4AA and R-lA One -Family Dwelling Districts ........................ 20-168 Uses permitted C4 Neighborhood Commercial Districts 20-232 C-2 General Commercial and Industrial Districts ........................ 20-252 I4 Light Industrial District........... 20-259 R4 One -Family Dwelling District ..... 20-182 R-1AA and R-lA One -Family Dwelling Districts ........................ 20-162 R-lAAA Single -Family Dwelling Dis- tricts ........................... 20422 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 ............ 20-2921 20-294 Violation, penalty... . otbo bet 0 D000sof food 20-6 Supp. No. 3 3144 - -- _----- - _, �_._,_� _� � .�------ --_ e