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Home My WebLink AboutSupplement No. 2SUPPLEMENT NO, 2 May 2002 City of WINTER SPRINGS, FLORIDA Looseleaf Supplement This Supplement contains all ordinances deemed advisable to be included at this time through$ Ordinance No. 2001-62, enacted January 14, 2002. See the Code Comparative Table for further information. Included in the Charter is. Revised Charter appproved at Referendum of September 4, 2001. Remove old pages Insert new pages ix—xiii ix—xiii Checklist of up-to-date pages Checklist of up-to-date pages (following Table of Contents) 1-12 1-18 67 67 133-135 133-135 137-140 137-140.4 1472 148 147-148.1 203 203 205, 206 205-207 365-367 365-367 369-376 369-376.9 383 383-385 433 433 435-438 435-438 557-559 557-560 573, 574 573-574.1 605-608 605-608 637,638 637-644 1045-1049 1045-1051 1157, 1158 1157, 1158 1159-1162 1159-1162.1 1227, 1228 1227, 1228 1241, 1242 1241-1242.4 1309, 1310 1309, 1310 1333, 1334 1333, 1334 1365, 1366 1365-1366.1 2097, 2098 2097, 2098 2145, 2146 2145, 2146 2197-2199 2197-2199 3101-3122 3101-3123 INSTRUCTION SHEET—Cont'd. 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 TABLE OF CONTENTS i Current Officials of the City .................................. iii Preface..................................................... v Adopting Ordinance........................................4 vii Checklist of Up -to -Date Pages ................................ [1] CHARTER Charter..................................................... 1 Art. I. Corporate Name ............................. 3 Art. II. Territorial Boundaries ....................... 3 Art. III. Powers of the City... $094 a a 0 0 & & a 0 a 9 1 0 6 a a 6 0 0 3 Art. IV Governing Body ............................ 3 Art. V. City Manager ............................... 7 Art, VI. Administrative Departments ................ 8 Art. VII. Financial Procedure ........................ 9 Art. VIII. Nominations and Elections ................ 10 Art. DC Initiative and Referendum .................. 11 Art. X. Amendments... a a a a a 0 6 0 0 9 a a 6 6 0 a a 4 0 0 a a 6 a & a 0 a 0 13 Art. XI. Severability................................ 13 Art. XII. Powers........ pool *to 9 a 0 0 6 0 0 6 0 0 a a 0 13 Art. XIII. Transitional Provisions .................... 13 Charter Comparative Table .................................. 67 CODE OF ORDINANCES Chapter 1. General Provisions ....................................... 77 2. Administration .......................................... 133 Art. I. In General ................................... 137 Art, II. City Commission ............................ 137 Art. III. Boards, Committees, Commissions. a a a a a 6 P I a a 137 Div. 1. Generally ............................... 137 Div. 2. Code Enforcement ....................... 139 Subdiv. A. Board ........................... 139 Subdiv. B. Citations ........................ 140.3 Div. 3. Reserved ................................ 144 Div. 4. Beautification Board ..................... 144 Art. IV. Elections..... .. ads a 6 &* 0 4 0 4 a 6 a a 0 & 0 0 9 a a a 0 6 6 1 a 145 Art. V. Annexations and Rezoning .................. 0 148 Art, VI. Finance .................................... 148 Div. 1. Generally ............................... 148 Supp. No. 0 ix WINTER SPRINGS CODE Chapter Page Div. 2. Purchasing............. a$&* 0 6 06 Wo 00 OfO04 148 Div. 3. City -Owned Personal Property ............ 148.1 Art. VII. Emergency Management ................... 149 Div. 1. Generally ............................... 149 Div. 2. Conditions of Emergency ................. 152 3. Alcoholic Beverages ...................................... 203 4. Animals ................................................. 257 5. Arbor ................................................... 309 6. Buildings and Building Regulations ....................... 365 Art. I. In General ................................... 369 Art. II. Administration, ............................. 369 Div. 1. Generally ............................... 369 Div. 2. Reserved...............................9 376.4 Art. III. Building Construction Standards ............ 376A A,,4 "T Tl.,-.M>=b-.:e-ne Inc L" 41 . 1 Y. 1JIG\. 1.11�1.11.y U I V.0 Art. V. Plumbing ................................... 376.6 Art. VI. Mechanical ................................. 376.6 Art. VII. Unsafe Buildings .......................... 376.7 Art, VTTT. Fences; Wolls, Hedges 376:8 Art. IX. Swimming Pools.. 0 4 0 4 0 376.9 Art, X. Gas Code ................................... 380 Art. XI. Interim Services Fee ........................ 381 Art. XII. Citations; Unlicensed Contractors; Failure to Obtain Building Permit .................... 383 7. Fire Prevention and Protection ........................... 433 Art. I. Fire Department..* 435 Art. II. In General .................................. 435 Art. III. Local Amendment to the Florida Fire Preven. tion Code .................................. 436 Art. IV. Fire Hydrants .............................. 437 8. Flood Damage Prevention ................................ 493 Art. I. In General ................................... 495 Art. II. Administration. 500 Art. III. Standards ................................. 504 9. Land Development, . 9 a 0 555 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. 0 g TABLE OF CONTENTS—ConCd. 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 Art. V. Design Standards... a& $ago feet so*&* 0 & 0 6 0 P 9 6 9 591 Art. VI. Site Plan Review .......................... a 604 Div. 1. Generally ............................... 604 Div. 2. Site Plan Review Board .................. 604 Art. VII. Uniform Building Numbering System ....... 605 Art. VIII. Impact Fees .............................. 607 Div. 1. Generally ............................... 607 Div. 2. Transportation Facilities ................. 607 Div. 3. Police Public Safety Facilities.... 0 627 Div. 4. Fire Public Safety Facilities .............. 630 Art. IX. Vested Rights .............................. 634 Art. X. Concurrency Administration and Evaluation Pro- cedure...................................... 638 Div. 1. Overview and Exemptions.,... 60*0 06 0 0*0# 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..................................0 695 Art. II. Occupational License Taxes .................. 695 Art. III. Adult Entertainment Establishments ....... 0 696 Art. IV. Amusements .............................. 9 709 Art. V. Peddlers and Solicitors and Miscellaneous Sales 709 Art. VI. Secondhand Precious Metals ................ 709 11. Miscellaneous Offenses .................................. 761 12. Motor Vehicles and Traffis ............................... 815 Art. I. In General ................................... 817 Art. II. Administration. 818 Art. III. Regulations ................................ 820 Div 1. Generally ............................... 820 Div. 2. Stopping, Standing, Parking .............. 822 13. Nuisances. . * a 0 0 6 0 * a 6 1 a 0 1 0 a 0 a 0 & 0 a a a * a a 0 6 * 4 4 a 0 9 & 873 Art. I. In General ................................... 875 Art. II. Noise......................................a 878 Art. III. Fire and Security Alarms ................... 879 14. Personnel ........ .....................................a 931 Art. I. In General ................................... 933 Art. II. Old Age and Survivors Insurance. . 933 Art. III. Pension Plan ............................... 934 Supp. No. 2 xi WINTER SPRINGS CODE Chapter Page 15. Planning, 985 Art. I. In General ................................... 987 Art. II. Comprehensive Plan,. 987 Art. III. Comprehensive Plan Amendments. 987 16. Signs and Advertising, . a 6 a a 4 * & 0 6 0 4 * 0 of@@ * 0 8 0 6 * 1041 Art. I. In General ................................... 1043 Art. II. Distribution of Handbills and Periodicals..... 1043 Art. III. Signs ...................................... 1045 Div. 1. Generally .............................. 0 1045 Div. 2. Standards ............................... 1047 17. Streets, Sidewalks and Other Public Places ............... 1101 Art. I. In General ................................... 1103 Art, II. Streets ..................................... 1103 Art. III. Sidewalks. 1105 Art. IV. Excavations ................................ 1105 18. Taxation ............................................... 1157 Art. I. In General.. . 66606*6 1159 Art. II. Municipal Public Service Tax. . a a 0 0 1159 Art. III. Local Improvements Assessments............ 1162 Div. 1. Generally ............................... 1162 Div. 2. Assessed Areas and Advisory Committees.. 1164 Div. 3. Local Improvement Assessments .......... 1166 Div. 4. Related Service Assessments .............. 1169 Div. 5. Collection of Assessments ................ 1173 Div. 6. Issuance of Obligations. 1175 Div. 7. General Provisions ....................... 1176 19. Utilities. . 0 a & & a 0 9 a 6 9 6 0 a a a 6 # * 9 6 a a 8 0 0 0 * a 0 0 Q 0 A 0 4 0 0 6 $000 1227 Art. I. In General ................................... 1229 Art. II. Wastewater System ......................... 1229 Div. 1. Generally ............................... 1229 Div. 2. Administration .......................... 1232 Div. 3. Use Regulations ......................... 1235 Div. 4. Rates, Fees and Charges ................. 1238 Div. 5. Sewerage Revenue Generation System .... 1246 Art. III. Reclaimed Water System. 1247 Art. IV. Potable Water Supply ....................... 1250 Div. 1. Generally ............................... 1250 Div. 2. Cross -Connection Control, Backflow Preven- tion ..................................... 1250 Art. V. Stormwater Management Utility .............. 1252 Art. VI. Water Shortage Conditions and Shortages .... 1255 20. Zoning........................:.......................a 1305 Art. I. In General..................................a 1311 Art. II. Administration... a 1316 Div. 1. Generally ............................... 1316 Div. 2. Planning and Zoning Board. . 6 1317 Supp. No. 2 X0 i Chapter TABLE OF CONTENTS—Cont'aa Board of Adjustment .................... . A. III. Establishment of Districts ................. . Div. 1. Generally ............................... Div. 2. R-1AAA Single -Family Dwelling Districts. . Div. 3. R-CI Single -Family Dwelling District..... . Div. 4. R4AA and R4A One -Family Dwelling Dis. tricts.................................... Div. 5. R4 One -Family Dwelling Districts ....... . Div. 6. R-3 Multiple -Family Dwelling Districts ... . Div. 7. C-1 Neighborhood Commercial Districts .. . Div. 8. C-2 General Commercial and Industrial Dis. tricts.................................... Div. 9. R-U Rural Urban Dwelling Districts ..... . Div. 10. T-1 Trailer Home Districts .............. . Div. 11. R-T Mobile Home Park Districts ........ . Div. 12. Town Center District Code ............. . Div. 13. Greeneway Interchange Zoning District . . Art. IV. Planned Unit Developments ................ . Div. 1. Generally ............................... Div. 2. Part A. Planned Unit Development....... . Div. 3. Part B. Planned Unit Development....... . Art. V. Supplemental District Regulations ........... . Div. 1. Generally ............................... Div. 2. Motor Vehicles ..........................6 Div. 3. Siting and Regulation of Telecommunica- tions Towers ............................. Art. VI. S.R. 434 Corridor Vision Plan .............. . Div. 1. S.R. 434 Corridor Overlay District ....... . Div. 2. General Design Standards for New Develop- ment Area ............................... Div. 3. General Design Standards for Redevelop. ment Area ............................... Div. 4. Reserved ................................ Code Comparative Table-1974 Code ........................ . Code Comparative Table —Ordinances ....................... . State Law Reference Table ................................... Charter Index, CodeIndex ................................................. Supp. No. 2 xiii 1318 1322 1322 1324 1325 1326 1329 1329 1331 1333 1334 1336 1337 1341 1342.36 1342.51 1342.51 1342.52 1352 1364 1364 1365 1369 1377 1377 1378 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 up4o-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 upAo-date copy from the original Code and subsequent Supplements. Page No. Supp. No. Page No. Supp. No. Title page OC 13% 140 2 1 140.1, 140.2 2 v, vi OC 140.31 140.4 2 vii, viii OC 141, 142 1 ix, x 2 143, 144 OC xi, xii 2 145, 146 OC 2 147, 148 2 1, 2 2 148.1 2 3, 4 2 14% 150 OC 5, 6 2 151, 152 OC 7, 8 2 203 2 9, 10 2 205, 206 2 119 12 2 207 2 13 2 257 OC 5116 2 259 OC 17, 18 2 309 OC 67 2 311,312 OC 77 OC 313, 314 OC 7% 80 OC 315, 316 OC 81, 82 OC 365,366 2 83 OC 367 2 133, 134 2 36% 370 2 135 2 371, 372 2 137, 138 2 373, 374 2 Supp. No. 2 [1] WINTER SPRINGS CODE Page No. Supp. No. Page No. Supp. No. 375, 376 2 591,592 OC 376.12 376.2 2 593,594 OC 376.3, 376.4 2 595,596 OC 376.5, 376.6 2 597, 598 OC 376.7, 376.8 2 599, 600 OC 376.9 2 6011602 OC 377, 378 OC 603, 604 OC 37% 380 OC 605, 606 2 381, 382 OC 607, 608 2 383, 384 2 60% 610 OC 385 2 611, 612 OC 433 2 613, 614 OC 352436 2 615, 616 OC 437, 438 2 617, 618 OC 439, 440 OC 619, 620 OC 441, 442 ou 621, 622 ou 493 1 623, 624 OC 495, 496 1 625, 626 1 977498 1 627, 628 OC r9 , soo 1 629, ^30 '00 011502 1 631, 632 OC 503, 504 1 633, 634 OC 05,506 1 635, 636 OC 507 1 637, 638 2 555, 556 OC 639, 640 2 557, 558 2 641, 642 2 559, 560 2 643, 644 2 561, 562 OC 693, 694 OC 563, 564 OC 695, 696 OC 565, 566 OC 697, 698 OC 672568 OC 699, 700 OC 569, 570 OC 701, 702 OC 71,572 OC 703, 704 OC 73,574 2 705, 706 OC 574.1 2 707, 708 OC 753576 OC 709, 710 OC 77,578 OC 761 OC 79,580 OC 763, 764 OC 581, 582 OC 815 OC 583, 584 1 817, 818 OC 584.1 1 81% 820 OC 585, 586 OC 821, 822 OC 587, 588 OC 823 OC 89,590 OC 873 OC Supp. No. 2 [2] C�1;1mL�1,i�1�Y11[�7�11'�IC��771��e3�.y Page No. Supp. No. Page No. Supp. No. 752876 OC 1251, 1252 OC 77,878 OC 12531 1254 OC 79,880 OC 1255, 1256 1 881 OC 1257, 1258 1 931 1 1305, 1306 1 933, 934 1 1307, 1308 1 985 OC 130% 1310 2 987, 988 OC 1311, 1312 OC 89,990 OC 13132 1314 OC 991 OC 1315, 1316 1 1041 1 1317, 1318 OC 1043, 1044 OC 131% 1320 OC 1045, 1046 2 1321, 1322 OC 1047, 1048 2 1323, 1324 OC 1049, 1050 2 1325, 1326 OC 1051 2 1327, 1328 OC 1101 OC 1329, 1330 OC 1103, 1104 OC 1331, 1332 OC 1105, 1106 OC 1333, 1334 2 1157, 1158 2 1335, 1336 OC 1159, 1160 2 1337, 1338 OC 1161, 1162 2 133% 1340 OC 1162.1 2 1341, 1342 1 1163, 1164 OC 134291) 1342.2 1 1165, 1166 OC 1342.3, 1342.4 1 1167, 1168 OC 1342*51 1342.E 1 116% 1170 OC 1342*71 1342.8 1 1171, 1172 OC 1342.9, 1342.10 1 1173, 1174 OC 1342*112 1342.12 1 1175, 1176 OC 1342.13, 1342.14 1 1227, 1228 2 1342.15, 1342*16 1 12299 1230 OC 1342.17, 1342.18 1 1231, 1232 OC 1342.19, 1342*20 1 1233, 1234 OC 1342.21, 1342.22 1 1235, 1236 OC 1342.23, 1342.24 1 12372 1238 OC 1342.25, 1342.26 1 123% 1240 OC 1342.27, 1342*28 1 12412 1242 2 1342.2% 1342*30 1 1242.11 1242.2 2 1342.31, 1342932 1 1242.3, 1242.4 2 1342.33, 1342934 1 1243, 1244 OC MUM, 1342.36 1 1245, 1246 OC 1342.37, 1342.38 1 1247, 1248 OC 1342.3% 1342.40 1 12492 1250 OC 1342.41, 1342.42 1 Supp. No. 2 [3] Page No. 1342.43, 1342.44 1342.45, 1342.46 1342.47, 1342.48 1342.49, 1342.50 1342.51, 1342.52 MUM 1343, 1344 1345, 1346 1347, 1348 1349, 1350 1351, 1352 1353)1354 1355, 1356 1357, 1358 1359, 1360 1361, 1362 1363, 1364 1365, 1366 1366.1 13b%, i368 1369, 1370 1370.1 1371, 1372 1373, 1374 1375, 1376 1377, 1378 137% 1380 1381, 1382 1383, 1384 1385, 1386 1387, 1388 1389, 1390 1390.1 1391, 1392 1393, 1394 1395, 1396 1396.1 1397, 1398 1399, 1400 1401, 1402 1403, 1404 1405, 1406 1407 2091, 2092 Supp. No. 2 WINTER SPRINGS CODE Supp. No. [4] Page No. 2093, 2094 2095, 2096 2097, 2098 2145, 2146 2197, 2198 2199 3101, 3102 3103, 3104 3105, 3106 3107, 3108 3109, 3110 3111, 3112 3113, 3114 3115, 3116 17,3118 3119, 3120 3121, 3122 3123 Supp. No. 2 2 2 2 2 2 2 2 2 2 2 2 Article I. Corporate Name Sec. 1.01. Corporate name. Article II. Territorial Boundaries Sec. 2.01. Territorial Boundaries. Sec. 2.02. Property added by annexation since 1972. Sec. 2.03. Annexation procedure. Article III. Powers of the City Sec. 3.01. Generally. Article IV. Governing Body Sec. 4.01. Composition; qualification of members; and commission districts. Sec. 4.02. Commission districts; adjustment of districts. Sec. 4.03. Election and terms. Sec. 4.04. Compensation; expenses. Sec. 4.05. Mayor. Sec. 4.06. General powers and duties. Sec. 4.07. Prohibitions; holding other office. Sec. 4.08. Vacancies; forfeitures of office; filling of vacancies. Sec. 4.09. Judge of qualifications. Sec. 4.10. City clerk. Sec. 4.11. Investigations. Sec. 4.12. Independent audits. Sec. 4.13. Procedure. Sec. 4.14. Actions requiring an ordinance. Sec. 4.15. Ordinances in general. Sec. 4.16. Authentication and recording; codification. Article V. City Manager Sec. 5.01. Appointment; qualifications, compensation. Sec. 5.02. Removal. Sec. 5.03. Powers and duties of the city manager. Sec. 5.04. Acting city manager. Article VI. Administrative Departments Sec. 6.01. Power of commission to establish. Sec. 6.02. City attorney. *Editor's note —Part I of this Code consists of the amended Charter of the City of Winter Springs as set forth by Ord. No. 2001-44 and ratified by referendum on Sept. 4, 2001. The original arrangement including section numbers and catchlines has been retained. catchlines added by the editor have been enclosed in brackets. Amendments will be indicated by a history note following the amended section. The absence of such history note indicates that the section is derived unchanged from 2001 Charter. The former Charter of the city was derived from the 1981 Charter approved by the voters by the referendum of Nov. 3, 1981. Supp. No. 2 1 WINTER SPRINGS CODE Article VII. Financial Procedure Sec, 7.01. Fiscal year. Sec. 7.02. Submission of budget and budget message. Sec. TO* Contents of budget. Sec. 7.04. Capital Program. Sec. 7.05. Commission action on budget. Sec. 7.06. Public records. Sec. 7.07. Amendments after adoption. Article VIII. Nominations and Elections Sec. 8.01. The city elections. Sec. 8.02. Qualified voters. Sec. 8.03. Election procedures. Sec. 8.04. Non Partisan Elections, Article IX. Initiative and Referendum Sec. 9.01. General authority. Sec. 9.02. Commencement of proceedings; petitionerscommittee; affidavit. Jel:, J.U3. reL1L1U71.`i. Sec. 9.04. Procedure after filing. Sec. 9.05. Referendum petitions; suspension of effect of ordinance. Sec. 9.06. Action on petition. Sec. 9.07. Results of election. Article X. Amendments Sec, 10.01. General Authority. Article XI. Severability Sec. 11.01. Severability. Article XII. Powers Sec. 12.01. Powers generally. Article XIII. Transitional Provisions Sec. 13.01. City ordinances. Sec. 13.02. City contracts. Sec. 13.03. City officials. Sec. 13.04. First Elections under Charter. Appendix A Territorial Boundaries Supp. No. 2 2 CHARTER ARTICLE I. CORPORATE NAME Section 1.01. Corporate name. The municipality hereby established shall be known as the City of Winter Springs, Florida. ARTICLE II. TERRITORIAL BOUNDARIES Section 2.01. Territorial Boundaries. Editor's note —A metes and bounds description of the territorial boundaries of the City of Winter Springs, Florida is presented in Appendix "A." Section 2.02. Property added by annexation since 1972. All property annexed to the City of Winter Springs, Florida, since the adoption of the Char- ter. of 1972. Editor's note —A listing of ordinances annexing property to the city is maintained at the end of Appendix A. Section 2.03. Annexation procedure. The commission of the City of Winter Springs, Florida, may propose by ordinance to annex an area of contiguous, compact, unincorporated land to the territorial limits of the municipality; or upon petition by all landowners of real property which is contiguous, reasonably compact and un- incorporated, the City of Winter Springs, may annex said land to the territorial limits of the municipality by ordinance. The procedure to be followed in the annexation of territory shall be as set forth in Chapter 171, Florida Statutes as it now exists or as it may be renumbered or amended. ARTICLE III. POWERS OF THE CITY Section 3.01. Generally. The city shall have all powers possible for a city to have under the constitution and laws of this State as fully and completely as though they were specifically enumerated in this Charter. Supp. No. 0 3 ARTICLE IV. GOVERNING BODY Section 4.01. Composition; qualification of members; and commission dis- tricts. (a) Composition. There shall be a governing body composed of the mayor and five (5) commis- sion members elected by the voters of the city as provided in this Charter for a term of four (4) years commencing on the first Monday after the first day of December of each year an election is held, and its members shall serve until their successors have taken offices provided such terms shall not exceed four (4) years. Not more than one (1) commission member shall reside in each of the five (5) commission districts provided for in Sec- tion 4.02 (a) of this Charter. The mayor shall be elected at large and may reside anywhere within the city. (b) Eligibility. Only qualified voters of the city in be eligible to hold the office of mayor or commissioner. Qualifications for candidates for the offices of mayor and city commissioner are as set out in Section 2-87, Code of the City of Winter Springs, Florida, as may be amended from time to time. Section 4.02. Commission districts; adjust- ment of districts. (a) Number of districts. The city commission of the City of Winter Springs, Florida, shall by separate ordinance divide the city into five (5) geographical commission districts. (b) Districting commission. By the first day of February, 1991, the first day of February, 1992, and every three (3) years thereafter, the city commission shall appoint seven (7) city electors determined from the registration of the last reg- ular election, one (1) to be appointed by eachmi comssioner from his/her respective district, and two (2) appointed by the mayor fiom the city at large, who shall comprise the districting commis- sion. Electors chosen shall not be employed by the city in any other capacity. The initial districting commission, creating and establishing the first commission districts, shall be appointed by each commissioner and the mayor fiom the city at large. § 4.02 WINTER SPRINGS CODE (c) Report; specifications. The districting com- mission shall file with the official designated by the city commission a report containing a recom- mended plan for establishment or adjustment of the commission district boundaries. The initial districting commission, creating and establishing the first commission districts, shall file such re- port within ninety (90) days of appointment. Thereafter, such reports shall be filed within one hundred twenty (120) days of appointment to the districting commission. The commission district boundaries shall comply with the following spec- ifi cations: (1) Each district shall be formed of compact, contiguous territory, and its boundary lines shall follow the center lines of streets insofar as practical or possible, or other uuulludlluo avalli7ulul (2) The districts shall be based upon the principle of equal and effective represen- tation as required by the United States Cunstituti0n and as represented its the mathematical preciseness reached in the legislative apportionment of the state. (3) The report shall include a map and de- scription of the districts recommended and shall be drafted as a proposed ordi- nance. Once filed with the designated official, the report shall be treated as an ordinance introduced by a commissioner. (d) Support. It shall be the responsibility of the city manager to provide staff assistance and tech- nical data to the districting commission. (e) Procedure. The procedure for the city commission's consideration of the report shall be the same as for other ordinances, provided that if a summary of the ordinances is published pursu- ant to this Charter and general law, it must include both the map and a description of the recommended districts. (f) Failure to enact ordinance. The city commis- sion shall adopt the redistricting ordinance at least one hundred twenty (120) days before the next city election. If the city commission fails to either accept or reject the redistricting ordinance, the report of the districting commission shall go into effect and have the same effect of an ordi- Supp. No. 2 4 nance. The proposed redistricting ordinance may not be rejected for any reason except for failure to comply with the specifications listed in section 4.02(c) of this Charter or failure to comply with other local, state or federal law. (g) Effect of enactment. The new commission districts and boundaries as of the date of enact- ment shall supersede previous commission dis- tricts and boundaries for all purposes; provided all incumbent commissioners shall continue to hoId office for the entire term to which elected notwithstanding any change in commission dis- trict and boundaries. Section 4.03. Election and terms. (a) The regular election of mayor and commis- 'nv+na+n cl,.,ll hn 1,nlra ut tl,. +irnn �y�et;rl .a f ' Section 8.01 of this Charter. All elections shall be for four-year terms of office. The terms of the mayor and commissioner shall begin the first Monday after the first day of December of each year an election is held. (b) City commission seats are hereby desig- nated as seats one, two, three, four and five. (c) The mayor shall be limited to three (3) consecutive full terms of office. Commission mem- bers shall be limited to three (3) consecutive full terms of office. The mayor or any commission member who has served three (3) consecutive full terms of office after having been out of office for a period of one (1) year, shall be eligible for election to successive three (3) consecutive full terms of office; provided however, this limitation shall not prohibit a person who has served three (3) con- secutive full terms of office as mayor from quali- fying and being elected as a commission member; nor shall this limitation prohibit a person who has served three (3) consecutive full terms of office as a commission member from qualifying and being elected as mayor of the city. Section 4.04. Compensation; expenses. The city commission may determine the an- nual salary of mayor and commissioners by ordi- nance, but no ordinance increasing such salary shall become effective until the date of commence- ment of the terms of mayor and commissioners CHARTER elected at the next regular election, provided that such election follows the adoption of such or& nance by at least six (6) months. The mayor and each commissioner of the city shall be reimbursed from the city treasury to cover the expenditures naturally and necessarily incurred in the perfon mance of their duties of office and said reimburse- ment for expenses shall be established by resolu- tion. Section 4.05. Mayor. At each regular election for the office of mayor, a mayor shall be elected at large for a term of four (4) years and shall serve until his successor is elected and qualified; provided such term of office shall not exceed four (4) years. The mayor shall preside at meetings of the city commission, rep- resent the city in intergovernmental relation- ships, present an annual State of the City Mes- sage, and perform other duties specified by the commission. The mayor shall be recognized as head of the city government for all ceremonial purposes and by the governor for purposes of military law, but shall have no administrative duties. The city commission shall elect from among its members a deputy mayor who shall act as mayor during the absence or disability of the mayor, and if a vacancy occurs, shall become mayor for the remainder of the un-expired term of the mayor. The mayor shall not vote except in case of a tie vote of the commission. Within ten (10) days after the adoption of any ordinance by the city commis- sion, the mayor shall have the power to veto said ordinance and return it to the commission at the next regular meeting with a written message. It shall require the affirmative vote of four (4) commission members to pass the ordinance after the mayor's veto. Section 4.06. General powers and duties. All powers of the city shall be vested in the commission, except as otherwise provided by law or this Charter, and the commission shall provide for the exercise thereof and for the performance of all duties and obligations imposed on the city by law. Supp. No. 2 5 Section 4.07. Prohibitions; holding other of- fice. (a) Holding other office. Except where autho- rized by law, neither the mayor nor any commis- sion member shall hold any other elected public office during the term for which the mayor or commission member was elected. Neither the mayor nor any commission member shall hold any other city office or city employment with the City of Winter Springs during the term of office for which elected. No former mayor or commission member shall hold any compensated appointive ofI`ice or employment with the city until one year after the expiration of the term for which the mayor or commission member was elected. Noth- ing in this section shall be construed to prohibit the mayor or any commission member from se- lecting any current or former mayor or any cur- rent or former commission member to represent the city on the governing board of any regional or other intergovernmental agency, or to prohibit any former mayor or commission member from serving as a member of city advisory boards and commissions. (b) Appointments and Removals. Neither the mayor nor any commission member shall in any manner control or demand the appointment or removal of any city administrative officer or em- ployee whom the city manager or any subordinate of the city manager is empowered to appoint, but the commission may express its views and fully and freely discuss with the city manager anything pertaining to appointment and removal of such officers and employees. (c) Interference with Administration. Except for the purpose of inquires and investigations under section 4.11, the mayor and city commis- sion shall not give orders to city officers and employees who are subject to the direction and supervision of the city manager, either publicly or privately, provided this prohibition shall not be construed so as to prevent the mayor and commis- sion members from communicating with the var- ious officers and employees of the city, as in the case of any other citizen of the city. Section 4.08. Vacancies; forfeitures of of- fice; filling of vacancies. (a) Vacancies. The office of the commissioner or mayor shall become vacant upon his death, resignation, removal from office in any manner § 4.08 WINTER SPRINGS CODE authorized by law or forfeiture of his office, or in the event no one is elected to the office of mayor or commission member. (b) Forfeiture of office. Acommissioner or mayor shall forfeit his office if he: (1) Lacks at any time during his term of office any qualifications prescribed by this Char- ter or by law; or (2) Knowingly and willfully violates any ex- press prohibition of this Charter; or (3) Is convicted of a felony; or (4) Fails to attend three (3) consecutive reg- ular meetings of the commission without being duly excused by the commission. (c) Filling of vacancies. Avacancy in a commis- sion member's seat shall be filled until the next regular election to be held for the office of the commissioner from that seat by a majority vote of all its remaining members. Section 4.09. Judge of qualifications. The commission shall be the judge of the elec- tion and qualifications of its members and of the grounds of forfeiture of their office and for that purpose shall have power to subpoena witnesses, administer oaths and require production of evi- dence. A member charged with conduct constitut- ing grounds for forfeiture of his office shall be so notified by certified mail and shall be entitled to a public hearing on demand, and notice of such hearing shall be published in one or more news- papers of a general circulation in the city at least one week in advance of the hearing. Decisions made by the commission under this section shall be subject to review by the courts. Section 4.10. City clerk. (a) The city commission, after receiving a nom- ination from either the mayor or a commission members) shall, by a vote of not less than four (4) commission members, appoint an officer of the city who shall have the title of city clerk. The city clerk shall give notice of commission meetings to its members and the public, keep the journal of its Supp. No. 0 6 proceedings and perform such other duties as are provided by this Charter, by the commission or by law. (b) The city clerk maybe removed by a vote of not less than four (4) commission members. Section 4.11. Investigations. The commission may make investigations into the affairs of the city and the conduct of any city department, office or agency and for this purpose may subpoena witnesses, administer oaths, take testimony and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the commission shall be guilty of a misdemeanor and Bred dollars ($500.00) or by imprisonment for not more than ninety (90) days or both. The commission shall provide for an indepen- dent audit of all city accounts and may provide for such more frequent audits as it deems necessary. Such audits shall be made by a certified public accountant or firm of accountants who have no personal interest, direct or indirect in the fiscal affairs of the city government or any of its officers. The commission may designate such accountant or firm annually or for a period not exceeding three (3) years provided that the designation for any particular fiscal year shall be made no later than six (6) months after the beginning of such fiscal year. If the state makes such an audit the commission may accept it as satisfying the re- quirement of this section. Section 4.13. Procedure. (a) Meetings. The commission shall meet reg- ularly at least once every month at such times and places as the commission may prescribe by rule. Special meetings shall be held on the call of the mayor or three (3) or more members and whenever practicable, upon no less than twelve (12) hours' notice to each member. All meetings shall be public. C (b) Rules and journal. The commission shall determine its own rules and order of business and shall provide for keeping a journal of its proceed- ings. This journal shall be a public record. (c) Voting. Voting, except on procedural mat- ters, shall be by roll call and the ayes and nays shall be recorded in the journal. Three (3) mem- bers of the commission shall constitute a quorum but a smaller number may compel the attendance of absent members in the manner and subject to the penalties prescribed by the rules of the com- mission. No action of the commission shall be valid or binding unless adopted by the affirmative vote of three (3) or more members of the commis- sion. Section 4.14. Actions requiring an ordi- nance. In addition to other acts required by law or by specific provisions of this Charter to be done by ordinance, those acts of the city commission shall be done by ordinance which: (1) Adopt or amend an administrative code or establish or alter or abolish any city de- partment, office or agency; (2) Provide for a fine or other penalty or establish a rule or regulation for violation of which a fine or other penalty is im- posed; (3) Levy taxes, except as otherwise provided in Article VII with respect to the property tax levied by the adoption of the budget; (4) Grant or renew or extend a franchise; (5) Regulate the rate charged for its services by the public utility, except telephone and telegraph companies and public utilities regulated by the Florida Public Service Commission; (6) Convey or lease or authorize the convey- ance or lease of any land of the city; (7) Adopt without amendment ordinances pro- posed under the initiative power; and (8) Amend or repeal any ordinance previ- ously adopted, except as otherwise pro- Supp. No. 2 % 5.01 vided in Article IX with respect to repeal of ordinances reconsidered under the ref- erendum power. Section 4.15. Ordinances in general. (a) Form. Every proposed ordinance shall be introduced in writing in the form required for final adoption. No ordinance shall contain more than one subject which shall be clearly expressed in its title. The enacting clause shall be "The City of Winter Springs hereby ordains ... " (b) Procedure. An ordinance may be intro- duced by any member at any regular or special meeting of the commission. Upon introduction of any ordinance, it shall be read in its entirety; provided however the said reading may be by title only if all members of the city commission so vote. All ordinances shall be read twice, the second reading of any ordinance shall be by title only and shall follow the first by a minimum of ten (10) days; provided however, this requirement may be waived by a unanimous vote of all five (5) mem- bers of the commission. All ordinances shall be posted in the city hall for thirty (30) days after their first reading. (c) Effective date. Except as otherwise provided in this Charter, every adopted ordinance shall become effective at the expiration of thirty (30) days after adoption or at any date specified therein. Section 4.16. Authentication and recording; codification. The mayor and the city clerk shall authenticate by their signatures all ordinances and resolutions adopted by the city commission and the city clerk shall record in full in a properly indexed book kepA for that purpose all such ordinances and resolutions. ARTICLE V. CITY MANAGER Section 5.01. Appointment; qualifications, compensation. The city commission, by the affirmative vote of not less than four (4) commission members, shall appoint a city manager and fix the manager's compensation. The city manager shall be ap- § 5.01 WINTER SPRINGS CODE pointed solely on the basis of executive and ad- report on the finances and administrative ministrative qualifications and shall serve at the activities of the city at the end of each pleasure of the commission. fiscal year. Section 5.02. Removal. The commission may remove the city manager by a motion of the commission requiring not less than four (4) affirmative votes of its members. Section 5.03. Powers and duties of the city manager. The city manager shall be the chief adminis- trative officer of the city. He shall be responsible to the commission for the administration of all city affairs placed in his charge by or under this Charter. He shall have the following powers and rlt�tica�: (1) He shall appoint and when he deems it necessary for the good of the service, suspend or remove all city employees and for, by or under this Charter except as otherwise provided by law, this Charter, or personnel rules adopted pursuant to this Charter. He may authorize any ad- ministrative officer who is subject to his direction and supervision to exercise these powers with respect to subordinates in that officer's department, office or agency. (2) He shall direct and supervise the admin- istration of all departments, officers and agencies of the city except as otherwise provided by this Charter or by law. (3) He shall attend all commission meetings and shall have the right to take part in discussions but may not vote. (4) He shall see that all laws, provisions of this Charter and acts of the commission subject to enforcement by him or by offic- ers subject to his direction and supervi- sion are faithfully executed. (5) He shall prepare and submit the annual budget and capital program to the com- mission. (6) He shall submit to the commission and make available to the public a complete Supp. No. 0 $ (7) He shall make such other reports as the commission may require concerning the operations of city departments, officers and agencies subject to his direction and supervision. (8) He shall keep the commission fully ad- vised as to the financial condition and future needs of the city and make such recommendations to the commission con- cerning the affairs of the city as he deems desirable. (9) He shall perform such other duties as are specified in this Charter or may be re- niiirn N<� tyyv nnmm��•inn Section 5.04. Acting city manager. By letter filed with the commission, the man- ager shall designate, subject to approval by the commission, a qualified city officer to exercise the powers and perform the duties of manager during his temporary absence or disability. During such absence or disability the commission may revoke such designation at any time and appoint another officer of the city to serve until the manager shall return or his disability shall cease. Section 6.01. Power of commission to estab- lish. The commission may establish city depart- ments, officers or agencies in addition to those created by this Charter and may prescribe the functions of all departments and agencies. Section 6.02. City attorney. (a) The city commission, after receiving a nom- ination from either the mayor or a commission members) shall, by a vote of not less than four (4) commission members, appoint an officer of the city who shall have the title of city attorney. The city attorney shall represent the city in all legal proceedings and provided by this by law. CHARTER shall perform such duties as Charter, by the commission, or (b) The city attorney maybe removed by a vote of not less than four (4) commission members. ARTICLE VII. FINANCIAL PROCEDURE Section 7.01. Fiscal year. The fiscal year of the city shall begin on the first day of October and end on the last day of September. Section 7.02. Submission of budget and bud- get message. On or before the first day of July of each year, the city manager shall submit to the commission a budget for the ensuing fiscal year and an accompanying message. Section 7.03. Contents of budget. Except as required by law or this Charter, the budget shall provide a complete financial plan of all city funds and activities for the ensuing fiscal year and, except as required by law or this Char- ter, shall be in such form as the city manager deems desirable or the commission may require. The budget shall begin with a clear general sum- mary of its contents; shall show in detail all estimated income, indicating the proposed prop- erty tax levy, and all proposed expenditures, in- cluding debt service, for the ensuing fiscal year; and shall be so arranged as to show comparative figures for actual and estimated income and ex- penditures of the current fiscal year and actual income and expenditures of the preceding fiscal year. It shall indicate in separate sections: (1) The proposed goals and objectives and expenditures for current operations dur- ing the ensuing fiscal year, detailed for each fund by organizational unit, and program, purpose or activity, and the method of financing such expenditures; (2) Proposed capital expenditures during the ensuing fiscal year, detailed for each fund Supp. No. 2 9 by organizational unit when practicable, and the proposed method of financing each such capital expenditure; and (3) The anticipated income and expense and profit and loss for the ensuing year for each utility or other enterprise fund oper- ated by the city. For any fund, the total of proposed expendi- tures shall not exceed the total of estimated income plus carried forward fund balance, exclu- sive of reserves. Section 7.04. Capital Program. (a) Submission to commission. The city man- ager shall prepare and submit to the commission a current and five (5) year capital program no later than the final date for submission of the budget. (b) Contents. The capital program shall in- clude: (1) A clear general summary of its contents; (2) A list of all capital improvements and other capital expenditures which are pro- posed to be undertaken during the cur- rent and five (5) fiscal years next ensuing, with appropriate supporting information as to the necessity for each; (3) Cost estimates and recommended time schedules for each improvement or other capital expenditure; (4) Method of financing upon which each cap- ital expenditure is to be reliant; and (5) The estimated annual cost of operating and maintaining the facilities to be con- structed or acquired. The above shall be revised and extended each year with regard to capital improvements still pending or in process of construction or acquisi- tion. Section 7.06. Commission action on budget. Approval of the annual city budget shall be by resolution duly adopted by the commission, after a public hearing, in accordance with the provi- § Iova WINTER SPRINGS CODE sions of general law. The annual city budget may be amended by resolution duly adopted by the commission. Section 7.06. Public records. Copies of the budget and the capital program_ as adopted shall be public records and shall be made available to the public at suitable places in the city. Section 7.07. Amendments after adoption. (a) Supplemental appropriations. If during the fiscal year the city manager certifies that there are available for appropriation revenues in excess of those estimated in the budget, the commission by ordinance may make supplemental appropria- tions for the year up to the amount of such excess. (b) Emergency appropriations. To meet a pub- lic emergency affecting life, health, property, or thA public p elcC t'llo, ^ mmi,,, inn. may m^.7c cm or gency appropriations. To the extent that there are no available un-appropriated revenues to meet such appropriations, the commission may by such emergency ordinance authorize the issuance of emergency notes and renewals of any fiscal year shall be paid not later than the last day of the fiscal year succeeding that in which the emer- gency appropriation was made. (c) Reduction of appropriations. If at any time during the fiscal year it appears probable to the city manager that the revenues available will be insufficient to meet the amount appropriated, he shall report to the commission without delay, indicating the estimated amount of the deficit, and the remedial action by him and his recom- mendations as to any other steps to be taken. The commission shall then take such further action as it deems necessary to prevent or minimize any deficit and for that purpose it may by ordinance reduce one or more appropriations. (d) Transfer of appropriations. At any time during the fiscal year the city manager may transfer part or all of any unencumbered appro- priation balance among programs within a depart- ment, office or agency, and, upon written request by the city manager, the commission may by 0upp. No. 2 10 ordinance transfer part or all of any unencum- bered appropriation balance from one depart- ment, office or agency to another. (e) Limitations; effective date. No appropria- tion for debt service may be reduced or trans- ferred, and no appropriation may be reduced below any amounts required by law to be appro- priated or by more than the amount of the unen- cumbered balance thereof. The supplemental and emergency appropriations and reduction or trans- fer of appropriations authorized by this section may be made effective immediately upon adop- tion. ARTICLE VIII. NOMINATIONS AND ELECTIONS Section 8.01. The city elections. The regular general city election for electing the Mayor acid coiiliiiissioil 1 lehibe s i of i seats two and four shall coincide with the Florida Gubernatorial election years. The regular general election for electing commission members from seats one, three, and five shall coincide with the United States Presidential election years. The entire electorate shall be entitled to vote in elec. tions for mayor and commission members. Section 8.02. Qualified voters. All citizens qualified by the constitution and laws of the State of Florida to vote in the city and who satisfy the requirements for registration pre- scribed by law shall be qualified voters of the city within the meaning of this Charter. Section 8.03. Election procedures. The city commission, by ordinance, shall adopt such election procedures as are necessary. Section 8.04. Non Partisan Elections. Municipal elections shall be nonpartisan and all officers shall be elected without reference to their political faith or party affiliations. CHARTER ARTICLE 1X. INITIATIVE AND REFERENDUM Section 9.01. General authority. (a) Initiative. The qualified voters of this city shall have power to propose ordinances to the commission and, if the commission fails to adopt an ordinance so proposed without any change in substance, to adopt or reject it at a city election, provided that such power shall not extend to the budget or capital program or any ordinance relat- ing to appropriation of money, levy of taxes or salaries of city officers or employees. (b) Referendum. The qualified voters of the city shall have power to require reconsideration by the commission of any adopted ordinance and, if the commission fails to repeal an ordinance so reconsidered, to approve or reject it at a city election, provided that such power shall not ex- tend to the budget or capital program, or any emergency ordinance or ordinances relating to appropriation of money or levy of taxes. Section 9.02. Commencement of proceed- ings; petitionerscommittee; af- fidavit. Any five (5) qualified voters may commence initiative or referendum proceedings by filing with the city clerk an affidavit stating that they will constitute the petitioners' committee and be responsible for circulating the petition and filing it in proper form, stating their names and ad- dresses and specifying the address to which all notices to the committee are to be sent, and setting out in full the proposed initiative or& nance or citing the ordinance sought to be recon- sidered. Promptly after the affidavit of the petitioners' committee is filed, the clerk shall issue the appro- priate petition blanks to the petitioners' commit- tee within thirty (30) calendar days. Section 9.03. Petitions. (a) Number of signatures. Initiative and refer- endum petitions must be signed by qualified voters of this city equal in number to at least fifteen (15) per cent of the total number of quali- Supp. No. 0 11 feed voters registered to vote at the last regular city election. When the registered electors of the City of Winter Springs reaches 7,000, then the percentage changes to ten (10) per cent and remains ten (10) per cent thereafter. (b) Form and content. All papers of a petition shall be uniform in size and style and shall be assembled as one instrument for filing. Each signature shall be executed in ink or indelible pencil and shall be followed by the address of the person signing, and the date signed. Petitions shall contain or have attached thereto throughout their circulation the full text of the ordinance proposed or sought to be reconsidered. (c) Affidavit of circulator. Each paper of a pe- on shall have attached to it when filed an affidavit executed by the circulator thereof stat- ing that he personally circulated the paper, the number of signatures thereon, that all signatures were affixed in his presence, that he believes them to be the genuine signatures of the per- sons['] name they purport to be and that each signer had an opportunity before signing to read the full text of the ordinance proposed or sought to be reconsidered. (d) Time for filing referendum petitions. Refer- endum petitions must be filed within thirty (30) days after adoption by the commission of the ordinance sought to be reconsidered. Section 9.04. Procedure after filing. (a) Certificate of the clerk; amendments. Within twenty (20) days after the petition is filed, the city clerk shall complete a certificate as to its suffi- ciency, specifying, if it is insufficient, the particu- lars wherein it is defective and shall promptly send a copy of the certificate to the petitioners' committee by registered mail. A petition certified insufficient for lack of a required number of valid signatures may be amended once if the petition- ers' committee files a notice of intention to amend it with the clerk within two (2) days after receiv- ing the copies of the clerk's certificate and files a supplementary petition upon additional papers within ten (10) days after receiving the copies of said certificate. Such supplementary petition shall comply with the requirements of subsections (b) anI (c) of Section 9.03 and within five (5) days 9 9.04 WINTER SPRINGS CODE after it is filed with the clerk, the clerk shall complete a certificate as to sufficiency of the petition as amended and promptly send a copy of said certificate to the petitioners' committee by registered mail as in the case of an original petition. When a petition or amended petition is certified insufficient and the petitioners' commit- tee does not elect to amend or request commission review under subsection (b) of this section within the time required, the clerk shall promptly present his certificate to the commission and the certifi- cate shall then be a final determination as to the sufficiency of the petition. (b) Commission review. If a petition has been certified insufficient and the petitioners' commit- tee does not file a notice of intention to amend it or if an amended petition has been certified . , 111su1 clem1 �11e cu11111ui�ue 111dy WIL11111 UWU (/a, days after receiving the copy of said certificate, file a request that it be reviewed by the commis- sion. The commission shall review the certificate at i t,s nQxt mPPting fn110h request and approve or disapprove it, and the commission determination shall then be a final determination as to the sufficiency of the petition. (c) Court review; new petition. A final determi- nation as to the sufficiency of a petition shall be subject to court review. A determination of insuf- ficiency, even if sustained upon court review, shall not prejudice the filing of a new petition for the same purpose. Section 9.05. Referendum petitions; suspen- sion of effect of ordinance. When a referendum petition is filed with the city clerk, the ordinance sought to be reconsidered shall be suspended from taking effect. Such sus- pension shall terminate when: (1) There is a final determination of suffi- ciency of the petition; or (2) The petitioners' committee withdraws the petition; or (3) The commission repeals the ordinance; or (4) The supervisor of elections shall certify that the vote of the electorate failed to repeal the ordinance reconsidered. Supp. No. 0 12 Section 9.06. tion on petition. (a) Action by commission. When an initiative or referendum petition has been finally deter- mined sufficient, the commission shall properly n cosider the proposed initiative ordinance in the manner provided in Article IV, Section 4.15, or reconsider the referred ordinance by voting its repeal. If the commission fails to adopt a proposed tiative ordinance without any change in sub- stance within sixty (60) days or fails to repeal the referred ordinance within thirty (30) days of the date the ordinance was finally determined suffi- cient, it shall submit the proposed referred ordi- nance to the voters of the city. (b) Submission to uoter•s. The vote of the city on a proposed or referred ordinance shall be held not less than ninety (90) days and not later than one year from the date of the final commission vote thereon. If no regular city election is to be held in the period prescribed in this subsection, the com- mission shall provide for a special election; other- wise, the vote shall be held at the same tune as said regular election, except that the commission [may] in its discretion provide for a special elec- tion at an earlier date within the prescribed period. Copies of the proposed or referred ordi- nance shall be made available at the polls. (c) Withdrawal of petition. An initiative or ref- erendum petition may be withdrawn at any time prior to the fifteenth day preceding the day sched- uled for a vote of the city by filing with the city clerk a request for withdrawal signed by at least four (4) members of the petitioners' committee. Upon the filing of such request the petition shall have no further force or effect and all proceedings thereon shall be terminated. Section 9.07. Results of election. (a) Initiative. If a majority of the qualified voters voting on a proposed initiative ordinance vote in its favor, it shall be considered adopted upon certification of the election results and shall be treated in all respects in the same manner as ordinances of the same kind adopted by the com- mission. If conflicting ordinances are approved at the same election the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict. CHARTER (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. 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. 0 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 pen 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. CHARTER BOUNDARIES The territorial boundaries of the City of Winter Springs, Florida, shall be: All those certain par- cels of land lying and being in Seminole County, Florida, more particularly described as follows: Within D. R. Mitchell's Survey of the Levy Grant, Plat Book 1, Page 5, of the Public Records of Seminole County, Florida, Lots 26 and 28 of Block B; also, Lots 13, 14, 15, 19, 20, and 23 of Block C, also, all of the unplatted part of the Levy Grant lying north of Lot 19, Block C; also, Lots 12, 13, 14, 15, and Lots 26 to 54 inclusive in Block D, and that part of Lot 56, Block D, lying north of Longwood -Wagner Road, less the east 300 feet thereof, and Lot 55, Block D; also, all of Lots 59 to 94 inclusive, the east 1/2 of Lot 95, Lots 99 to 107 inclusive, the eastl/4 of Lot 108, 10 acres square in the northwest corner of Lot 110, Lots 111 to 115 inclusive, Lots 119 to 123, inclusive, Lots 127 and 128, and all of that part of Lots 129, 139, and 131 not heretofore conveyed to Seminole Driving Park, and all of Lots 135, 136, 143 and 144, all in Block D of said D. R. Mitchell's Survey of the Levy Grant; also, a tract of land described as follows: Begin at the intersection of the east line of Lot 99, Block D with the north line of the lands of Micon and LeHardy; thence run southeasterly along the north line of the lands of Micon and LeHardy approximately 2,400 feet to the southerly exten- sion of the west line of Tuscawilla; thence run north along southerly extension of the west line and along the west line of Tuscawilla to the northwest corner of Tuscawilla; thence easterly along north line of Tuscawilla to the west side of a road running north and south between Lots 7, 8, 9 and 10 of Tuscawilla; thence northwesterly along the west side of said road to the southeast corner of Lot 36, Block D; thence run westerly Jong south lines of Lots 36 and 37, Block D to the northeast corner of Lot 61, Block D; thence west- erly along the south line of Lots 74, 75, 76 and 77, Block D to the northeast corner of Lot 99, Block D; thence southerly along the east line of Lot 99, Block D to the point of beginning. Within Entzminger Farms, Addition No. 2, as recorded in Plat Book 5, Page 9, of the Public Records of Seminole County, Florida, Lots 26 and 29, Lots 33 to 40 inclusive, Lots 43 to 51 inclusive, and Lots Supp. No. 2 15 App. A 56 to 61 inclusive. In Gardena Farms, according to the plat recorded in Plat Book 6, Pages 23 and 24 of the Public Records of Seminole County, Florida, the south 250 feet of Block 3 and all of Blocks 4 to 100 inclusive. All of Gardena Farms Townsites as recorded in Plat Book 6, Page 39, of the Public Records of Seminole County, Florida, less and except Lots 1, 2, and 3 in Block 2, also less the unplatted portion of Block 2 and Blocks B anI C. In Chase and Company's Subdivision of Wagner, as recorded in Plat Book 6, Page 64 of the Public Records of Seminole County, all of Block E. Also, a tract of land described as follows: Begin 130 feet west and 151.8 feet north of the southeast corner of the northeast 1/4 of the south- west 1/4 of the southwest 1/4 of Section 22-20-30, run north 48°18'30" west 161.1 feet to the east- erly right -of --way State Road 15-600; thence north 41°41'31" east along said right-of-way 181 feet; thence south 257.8 feet to Beginning, and; parcel "A": Lots 17 and 18, Block B, Oak Grove Park, according to the plat thereof as recorded in Plat Book 7, Page 83, of the Public Records of Seminole County, Florida, less right -of --way for U.S. 17/92 and all that part of Lots 15 and 16 of said Block B, lying east of the west line of Lot 21, Block C, of D. R. Mitchell's Survey of the Levy Grant, according to the plat thereof, as recorded in Plat Book 1, Page 5, of the Public Records of Seminole County, Florida; also all that part of said Lot 21, Block C, of D. R. Mitchell's Survey of the Levy Grant, lying easterly of said Oak Grove Park and southerly of Shepard Road and lying northerly of a line de- scribed as follows: Begin at the northeast corner of Lot 12, Block B, of said Oak Grove Park; thence run south 86°35'15" east 1928.369 feet to a point on the easterly line of said Lot 21, Block C, D. R. Mitchell's Survey of the Levy Grant, said point being 1155.005 feet south 5°57'13" west from the southerly right-of-way line of Shepard Road, sub- ject to Florida Power Corporation's 175400t ease- ment and containing exactly 50 acres. Parcel "B": Lot 12, Block B, Oak Grove Park, according to the plat thereof as recorded in Plat Book 7, Page 83 of the Public Records of Seminole County, Florida, less right-of-way for U.S. 17/92; and the north 385 feet of the east 225 feet of Lot 15, and Lot 24, less the east 25 feet of the south 200 feet thereof, of Entzminger Farms Addition No. 3, according to App. A WINTER SPRINGS CODE the plat thereof, as recorded in at Book 6, Page 27, of the Public Records of Seminole County, Florida; also that part of Lot 21, Block C, D. R. Mitchell's Survey of the Levy Grant, according to the plat thereof as recorded in Plat Book 1, Page 5, of the Public Records of Seminole County, Florida, described as: Begin at the northeast corner of Lot 12, Block B, said Oak Grove Park; thence run south 4044' west 1,063.719 feet to the southwest corner of said Lot 21; thence run north 83°21'25" east 1,950.789 feet to the southeast corner of said Lot 21; thence run north 5°57'13" east 722.942 feet to a point 1,155.005 feet south 5°57'13" west from the intersection of the East line of said Lot 21 with the southerly right-of-way line of Shepard Road; thence run north 86°35'15.5" west 1,928.369 feet to the point of beginning, Snhiact t.n Flnri(#n PmxrP..r Cnrnnrntion's 175; fnnt easement and containing exactly 50.286 acres, less the following: Lot 12 and Lots 17 and 18 lying west of the northerly projection of the east prop- erty line of Lots 12 through 16, Block B, Oak Grove Park, as recorded in Plat Book 7, Page 83 of the Public Records of Seminole County, Florida, and; Begin at the southeast corner of Gardena Farms as recorded in Plat Book 6, Pages 23 and 24, Public Records of Seminole County, Florida; run thence north 85°00'00" west along the south line of said Gardena Farms a distance of 5,479.23 feet to the westerly right-of-way line of the Tuscawilla-Gabriella Road; run thence north 04°24'22" east along said westerly right -of --way line a distance of 2,450.55 feet; thence leaving said westerly right-of4ay line run south 84°50'15" east 1,120.89 feet; run thence north 04°04'15" east 1,969.15 feet; run thence north 85°05'45" west 418.47 feet to the westerly right-of-way line of the aforesaid Tuscawilla-Gabriella Road; thence continue along said westerly right-of-way line run north 43°25'40" east 521.37 feet to the point of curvature of a curve concave northwesterly hav- ing a radius of 1,612.02 feet, and a central angle of 20005'33"; run thence northeasterly along the arc of said curve a distance of 565.30 feet to the point of tangency; thence continuing along said westerly right-of-way run north 23020'07" east 3,903.29 feet to the point of curvature of a curve concave northwesterly having a radius of 2,839.79 feet and a central angle of 09°14'37"; thence run northeasterly along the arc of said curve a dis- Supp. No. 2 16 tanee of 458.15 feet to the point of tangency; thence continuing along said westerly right-of- way line, run north 14°05'30" east a distance of 1,581.20 feet; thence leaving said westerly right- of-way run south 84°51'30" east 1,368.08 feet; thence run south 05°10'20" west 386.72 feet; run thence.south 84°50'40" east 634.53 feet to a point on the southerly right-of-way line of Railroad Avenue; run thence along said southerly right-of- way line south 54°56'40" east 633.59 feet to a point on the easterly right-of-way line of Gardena Avenue; run thence along said easterly right-of- way line north 22°39'04" east 142.94 feet to a point on the southerly right-of4ay line of Atlan- tic Seaboard Coastline Railroad; run thence along said southerly right-of-way line south 54°33'05" east 587.22 feet; thence leaving said southerly rnilrnncl right: of=wny rnn north 00'11'11" ennt 937.80 feet to a point on the southerly right-of- way line of State Road No. 419; run thence the following courses along said southerly right-of- way line of State Road No. 419, north 88°26'29" east 2,224.37 feet; thence run south 89°58'56" east 3,686.53 feet; thence south 89°21'56" east 2,159.76 feet; thence leaving said southerly right- of-way line run south 00°16'36" west 1,062.76 feet to the northeast corner of Section 8, Township 21 South, Range 31 East; thence run south 00°2538" east along the east section line of said Section 8 a distance of 798.62 feet; run thence north 82°10'38" west 310.20 feet; run thence south 04°34'12" west 1,143.12 feet; run thence north 89°3422" east 406.56 feet; run thence south 00°25'38" east 745.20 feet; run thence south 89°27'54" east a distance of 1,349.48 feet; run thence south 00°09'56" west 1,326.01 feet; run thence north 89°13'53" west 672.52 feet; run thence south 00°00'36" west 980.83 feet; run thence north 89°16'52" west 671.86 feet to a point on the east line of the aforesaid Section 8; run thence south 00001'43" east along said east line of the aforesaid Section 8; run thence south 00°01'43" east along said east line of Section 8; 330.14 feet to the northeast corner of Section 17, Township 21 South, Range 31 East; run thence along the east line of said Section 17 south 00°16'14" west 1,341.14 feet; thence leaving said east section line run north 89015'33" west 4,004.99 feet; run thence south 00014'56" west 1,775.51 feet; run thence north 89003'43" west 1,415.02 feet; run thence north 00°1426 west 687.66 feet, run thence north 85°14'00" west 602.10 feet; run thence south 87°51'100" west 1,083.26 feet; run thence south 00°15'09" east 2,167.87 feet; run thence north 84°48'16" west 2,404.62 feet to the point of begin- ning; less that portion of Winter Springs as re- corded in Plat Book 15, Pages 81 and 82 of the Public Records of Seminole County, Florida; also less, begin at the southeast corner of Gardena Farms as recorded in Plat Book 6, Pages 23 and 24 of said Seminole County, Florida; run thence north 05°09'50" east 33.00 feet; run thence north 85°00'00" west parallel with the southerly line of said Gardena Farms, 4,502.35 feet; to a point of beginning; run thence further north 85°00'00" west 627.31 feet; thence run north 05000'00" east 225.00 feet; thence run north 84°09'48" east 175.44 feet; thence run south 85°00'00" east 455.00 feet; thence run south 05°00'00" west 257.98 feet to the point of beginning; also less, begin at the south- east corner of Gardena Farms as recorded in Plat Book 6, Pages 23 and 24 of the Public Records of Seminole County, Florida; run thence north 05°09'50" east along the east line of said Gardena Farms 7,160.06 feet to a point on the northerly right -of --way line of a Florida Power and Light easement as recorded in O.R. Book 183, Page 130; run thence north 85°10'12" west along said north- erly right -of --way line 2,513.71 feet to a point on the southerly right -of --way line of a Florida Power and Light easement as recorded in D.B. 193, Page 276, of said Seminole County; run thence south 1,098.64 feet; run thence north 85°10'12" west 772.70 feet to the point of beginning; run thence north 04°49'48" east 300.00 feet; run thence north 85°10'12" west 675.80 feet to the easterly right- of-way line of the Tuscawilla-Gabriella Road; run thence south 23°20'07" west along said easterly right-of-way line 316.36 feet; thence leaving said easterly right -of --way line run south 85°10'12" east 776.20 feet to the point of beginning, contain- ing 2,890.9140t acres. And also less, the south 33 feet of the aforesaid Gardena Farms Subdivision, and also less that part lying within existing North Orlando city limits, and begin at the northeast corner of Lot 6, Gardena Farms as recorded in Plat Book 6, Pages 23 and 24, Public Records of Seminole County, Florida; run thence westerly along the north line of Lots 6 through 11 a distance of 3,851.40 feet to the northwest corner Supp. No. 2 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 3 59. 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 arc length of 421.48 feet to the P.T. of said curve; thence run north 66°29'00" east 2,776.82 feet to the P.C. of a curve concave northwesterly having a radius of 1,637.28 feet, a central angle of 17°04'00"; thence run northeasterly along said curve an are length of 487.67 feet to the P.T. of said curve; thence run north 49°25'00" east 70.24 feet to the P.C. of a curve concave southeasterly having a radius of 636.62 feet, a central angle of 27°58'00"; thence run northeasterly along said curve an arc length of 310.74 feet to the P.T. of said curve, said point being the intersection of State Roads 5-434 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. 2000-22 2000-24 2000-33 2000-36 Date Ord. No. 2000-40 2000-41 2001-01 2001-03 2001-34 Date Editor's note —The above list of ordinances annexing property to the city begins with Ord. No. 200M8, adopted Apr. 10, 2000. [The next page is 67J Supp. No. 2 18 This table provides a listing of legislation amending the revised Charter ratified by referndum on Sept. 4, 2001. Ordinances annexing property to the city are listed at the end of App. A to the Charter. Ordinance Number Section Disposition Supp No. 2 67 [The next page is 77] Chapter 2 ADMINISTRATION* Article I. In General Sec. 2-1. Abandoned property; disposition by city. Sec. M. 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. 2-42. 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. 2-69. Sec. 2-69.1. C. 2-69.2. Sec. 2-69.3. Sec. 2-69.4. Sec. 2-69.5. Sec. 2-69.6. Division 2. Code Enforcement Subdivision A. Board Creation. Membership; appointment; qualifications; terms. 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 city commission *Editor's note —The has by various ordinances chosen not to have certain county ordinances in effect within the city. These ordinances are on file in the city clerk's office. Cross references —Alcoholic beverages, Ch. 3; city forestry office established, § 5-2; fire department, § 7-26 et seq.; uniform street numbering system, § 9-370 et seq.; licenses and business regulations, Ch. 10; nuisances, Ch. 13; personnel, Ch. 14; taxation, Ch. 18; utilities, Ch. 19. State law reference —Municipal home rule powers act, F.S. ch. 166. Supp. No. 0 133 WINTER SPRINGS CODE Sec. 2-69. I. Disposition of citations and civil penalties, Sec. 2-69.8. Provisions supplemental. Division 3. Reserved Secs. 2-70-243. Reserved. Secs. 2-74, 245. Reserved, Division 4. Beautification Board Sec. 2-76. Created. Sec. 247. Composition; appointment of members. Sec. 248. Terms; organization; meetings. Sec. 249. Duties; expenditures. Sec. 2-80. Master beautification plan; recommendations to city commission. Article 1V. Elections Sec. 2-81. Election supervisor. Sec. 2-82. Proclamation. Sec. 2-83. Municipal elections to be general elections. r sec c-o. a .. , 1JeWriuuiawuu ui perauii eie(Aeu. 1j, Sec. 2-85. Election boards. Sec, 2-86. Nonpartisanship required. Sec. 2-87. Qualification of candidates. Sec. 2-87.1. Vacancy in candidacy. err. 9,90. Q11:alit7in * fons 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. 2-96-2415. Reserved. Article V. Annexations and Rezoning Sec. 2-116. Annexation fees. Sec. 2-117. Waiting period for annexation or rezoning of property. Secs. 2418-2-135. Reserved. Article VI. Finance Division 1. Generally Secs. 2-136-2-150. Reserved. Division 2. Purchasing Sec. 2-151. Purchasing policy and procedure established. Sec. 2-152. When written bids are required; waiver. Secs. 2-153-2-190. Reserved. Division 3. City -Owned Personal Property Sec. 2-191. Definition of property. Sec. 2-192. Identification; record; inventory. Sec. 2-193. Property supervision and control. Supp. No. 2 134 ADMINISTRATION Sec. 2-194. Disposal of surplus property. Secs. 2495-2-249. Reserved. Article VII. Emergency Management Division 1. Generally Sec. 2-250. Intent. Sec. 2-251. Definitions. Sec. 2-252. Applicability of provisions. Sec. 2-253. Emergency management structure. Sec. 2-254. Powers, duties, and responsibilities. Sec. 2-255. Declaration of a state of emergency. Sec. 2-256. 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. 2 135 ADMINISTRATION ARTICLE I. IN GENERAL 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 fee schedule for "unscheduled permit- ted use and non-use" of athletic baseball and softball facilities for youth user organizations and groups is hereby adopted as being thirty-four dollars ($34.00) per field prior to 5*00 p.m. and forty-eight dollars ($48.00) per field after 5:00 ,in, for a period of two (2) hours use. (b) The fee schedule for "unscheduled permit- ted use and non-use" of athletic soccer facilities for youth user organizations and groups is hereby adopted as being thirty-eight dollars ($38.00) per field for a period of two (2) hours use. (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 twelve 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. (f7 The city shall require the payment of all applicable state and federal taxes. (Ord. No. 635-A, §§ I—V, VII, 12-9-96) Supp. No. 0 137 Secs. 2-3-2-25. Reserved. ARTICLE II. CITY COMMISSION Sec. 2-26. 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, COMMSSIONS* DIVISION 1. GENERALLY Sec. 2-41. Fee paid to appointed board mem- bers; 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 *Cross references. -Site plan review board, § 9-342 et seq.; planning and zoning board, § 20-61 et seq.; board of adjustment, § 20-76 et seq. WINTER SPRINGS CODE by, city boards and committees and to ensure that decisions of boards and committees are in the best 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. The provisions of this section shall not be deemed to repeal or modify any city ordinance or provision of the city code relating to the establishment or operation of any board or committees, but the provisions herein shall be supplemental and in addition to such provisions within the city code. (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 nr cr to being nom rnto�,, cicct^_, or nppoint^ .. to the board or committee. (c) Requirements of board and committee mem- bers. Any person nominated, elected or appointed to serve on a board or committee of the 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 contendere 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 Supp. No. 0 138 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. 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- !_A. L1V11 alipu111L Unu 1115ts dibC111dbC 1111d1111Jul UutjulluuU below, or other qualified individual, whom shall serve the remaining portion of the unexpired term. (f) Absences. Any board or committee member incurring three (3) consecutive absences, or five (5) absences within a twelve-month period, from any regularly scheduled meeting, shall be deemed automatically removed from the respective board or committee in which the absences have oc- curred. (g) Chairmanships. 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. (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 ADMINISTRATION 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 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, § 21 144-02) Secs. 2,43-2-55. Reserved. Supp. No- 2 139 DIVISION 2. CODE ENFORCEMENT* Subdivision A. Boa)'d� 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. (Code 1974, § 2-51) See. 2-57. Membership; appointment; quali- fications; terms. (a) The code enforcement board shall consist of seven (7) members to be appointed by the city commission. The members of the board shall be residents of the municipality and appointments to the board shall be in accordance with the appli- cable law and ordinances on the basis of experi- ence or interest in the fields of zoning and build- ing control. The membership of the enforcement board shall, whenever possible, include an archi- tect, a businessman, an engineer, a general con- tractor, a subcontractor and a realtor. (b) The appointments to the code enforcement board shall be for a term of three (3) years and a member may be reappointed upon approval of the city commission. Appointments to fill any vacancy on the enforcement board shall be for the remain- der of the unexpired term of office. If any member faiIs to attend two (2) of three (3) successive meetings without cause and without prior ap- proval of the chairman, the board shall declare the member's office vacant and the city commis- sion shall promptly fill such vacancy. Members shall serve in accordance with the Code and may *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; land 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. '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. § 2-57 WINTER SPRINGS CODE be suspended and removed for cause as provided in such ordinances for removal of members of boards. (Code 1974, §§ 2-52, 2-53) State law reference —Membership, F.S. § 162.05. Sec. 2-68. Election of officers; quorum; com- pensation; expenses. The members of the enforcement board shall elect a chairman from among its members who 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 determined that there has been a violation of the codes 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 correction, the 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). Supp. No. 2 140 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 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 0 `it 1.1 Vcii:E v€ Uiili)tiy li V91 1 Llwcodu 111'.'jUUL- for 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, § 2-56) 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; ADMINISTRATION § 2- M (2) Subpoena alleged violators and witnesses become a lien against the land and/or property of to its hearings which may be served by the violator, such violator may apply for a satis- the county sheriff or by the police depart- faction or release of such lien as follows: ment of the city; (1) Upon full payment by the violator of the (3) Subpoena evidence; fine or penalty imposed in accordance with this chapter, the city manager is (4) Take testimony under oath; hereby authorized to execute and record a satisfaction of lien. (5) Issue orders having the force of law com- (2) Upon request for a reduction or forgive- manding whatever steps are necessary to ness of a fine or penalty imposed in accor- bring aviolation into compliance; and dance with this chapter, the violator shall submit a written application to the com- (6) Assess fines upon notification by the code munity development director. inspector that a previous order of the code enforcement board has not been complied (3) The application shall include, but may not with by the set time. The violator may be be limited to the following: ordered to pay a fine not to exceed two a. The code enforcement case number; hundred fifty dollars ($250.00) for each b. The date upon which the violator day the violation continues past the date brought the subject property into set for compliance or for each time the compliance with the City Code; violation has been repeated. A certified copy of an order imposing a fine may be c. The factual basis upon which the recorded in the public records and there- violator believes the application for after shall constitute a lien against the reduction or forgiveness of the lien land on which the violation exists or, if the should be granted; violator does not own the land, upon any d. The terms upon which a satisfaction other real or personal property owned by or release of lien should be granted; the violator and may be enforced in the e. The reasons, if any, compliance was same manner as a court judgment by the not obtained prior to the order of sheriffs of this state, including levy against penalty or fine being recorded; the personal property, but shall not be deemed otherwise to be a judgment of the f. The reduction in penalty or fine court except for enforcement purposes, sought by the vioflator; and After six (6) months from the filing of any g. Any other information which the vi- such lien which remains unpaid, the en- olator deems pertinent to the re- forcement board may authorize the city quest, including but not limited to attorney to foreclose on the lien. the circumstances that exist which (Code 1974, § M7) would warrant the reduction or for - Cross reference —Authority to enforce uniform building giveness of the penalty or fine. numbering systems, § 9-376. State law reference —Similar provisions, F.S. §§ 162.08, This application shall be executed under 162.090 oath and sworn to in the presence of a notary public. Sec. 2-61.5. Application for satisfaction or (4) The violator shall submit at the time of release of code enforcement application payment to the city in the liens. amount necessary to reimburse the city for its costs associated with recording the Where a certified copy of an order imposing a order imposing a penalty or fine and the penalty or fine, as described above in section M1, requested satisfaction or release of lien, has been recorded in the public records and has These costs are non-refundable, without Supp. No. 2 140.1 WINTER SPRINGS CODE regard for the final disposition of the (7) Any other mitigating circumstance which application for satisfaction or release of may warrant the reduction or satisfaction lien. of the penalty or fine; (5) Upon receipt of the application for satis- (8) After a recommendation has been ren- faction or release of lien and payment dered by the code enforcement board, the provided above, the community develop- community development director shall ment director shall confirm through the place the application for satisfaction or release of lien upon the agenda of the next code enforcement department that the regularly scheduled city commission meet - violation which resulted in the order im- ing. The city commission may take action posing penalty or fine has been brought solely based upon the sworn application into compliance. If the violation has been and recommendation of the code enforce - brought into compliance and there is no ment board, and information provided by current code violation upon the property the violator in regard to the application in question, the community development for satisfaction or release of lien; director shall place the application upon the agenda of the next regularly sched- (9) The city commission may approve, ap- uled meeting of the code enforcement board prove with conditions, or deny the appli- for the City of Winter Springs, cation to satisfy or release of lien. If the city commission approves the application At the hearing before the code enforce- to satisfy or release the lien and the ment board, the board shall review and approval is conditioned upon the violator ll�a =cenc3cj iC%i iL3d penaltj iasie or any release of lien, provide the violator with other condition, the satisfaction or release an opportunity to address the board re- of lien shall not be prepared or recorded garding the application for satisfaction or until the condition(s) placed by the com- release of lien, and to take the testimony mission have been satisfied. of other interested parties, including but The violator shall have thirty (30) days in not limited to city staff. which to comply with the conditions im- (6) Upon review of the application and any posed by the city commission. Failure of testimony presented, the code enforce- the violator to comply will result in the ment board shall recommend to the city automatic denial of the application for commission approval, approval with con- satisfaction or release of lien. ditions, or denial of the application for If the application is denied or if the appli- satisfaction or release of lien. cation is automatically denied due to the failure of the violator to comply with the The code enforcement board, in determin- conditions imposed by the city commis- ing its recommendation, shall consider sion, the violator shall thereafter be barred the following factors: from applying for a subsequent reduction a. The gravity of the violation; or forgiveness of the lien for a period of one (1) year from the date of denial. Dur- b. The time in which it took the viola- ing the one-year period, the lien may only for to come into compliance; be satisfied and released upon full pay- ment of the fine or penalty imposed in c. The accrued amount of the code en- accordance with this chapter. forcement fine or lien; (Ord. No. 2001-62, § 2, 144-02) d. Any previous or subsequent code vi- Sec. 2-62. Duration of lien. olations; No lien provided under the Local Government e. Any financial hardship; Code Enforcement Boards Act shall continue for a Supp. No. 2 140.2 ADMINISTRATION period longer than twenty (20) years after the certified copy of an order imposing a fine has been recorded, unless within that time an action to foreclose on the lien is commenced in a court of competent jurisdiction. In an action to foreclose on a lien, the prevailing party is entitled to recover all costs, including a reasonable attorney's be, that it incurs in the foreclosure. The local governing body shall be entitled to collect all costs incurred in recording and satisfying a valid lien. The continuation of the lien effected by the com- mencement of the action shall not be good against creditors or subsequent purchasers for valuable consideration without notice, unless a notice of lis pendens is recorded. (Code 1974, § 2-57.1; Ord. No. 698, § I, 2-9-98) State law reference�Similar provision, F.S. § 162.100 Sec. 2-63. Appeals. An aggrieved party, including the city commis- sion, may appeal a final administrative order of the code enforcement board to the circuit court. An appeal shall be filed within thirty (30) days of the execution of the order to be appealed. (Code 1974, § 2-58) State law reference —Similar provisions, F.S. § 162.11. Sec. 2-64. Notices. (a) All notices required by this article shall be provided to the alleged violator by certified mail, return receipt requested; by hand delivery by the sheriff or other law enforcement officer, code inspector or other person designated by the city commission or by leaving the notice at the violator's usual place of residence with some person of his family above fifteen (15) years of age and inform- ing such person of the contents of the notice. (b) In addition to providing notice as set forth in (a) above at the option of the code enforcement board, notice may also be served by publication or posting, as follows, (1) Such notice shall be published once dur- ing each week for four (Al consecutive weeks, with four (4) publications being sufficient, in a newspaper of general cir- culation in the county. The newspaper shall meet such requirements as are pre- scribed under F.S. Ch. 50 for legal and Supp. No. 2 140.3 official advertisements and proof of pub- lication shall be made as provided in F.S. §§ 50.041 and 50.051. (2) If there is no newspaper of general circu- lation in the county, three (3) copies of such notice shall be posted for at least twenty-eight (28) days in three (3) differ- ent and conspicuous places in such county, one (1) of which shall be at the front door of the courthouse in such county. Proof of posting shall be by affidavit of the person posting the notice, which affidavit shall include a copy of the notice posted and the date and places of its posting. (c) Notice by publication or posting may run concurrently with, or may follow, an attempt or attempts to provide notice by hand delivery or by maiI as required under (a) above. (d) Evidence that an attempt has been made to hand deliver or mail notice as provided in (a) above, together with proof of publication or post- ing as provided in (b) above, shall be sufficient to show that the notice requirements of this article have been met, without regard to whether or not the alleged violator actually received such notice. State law reference —Similar provision, F.S. § 162.126 Sec. 2-65. Provisions article of supplemen- tal. Nothing contained herein shall prohibit the city commission from enforcing its codes by other means. It is the intent of this article to provide an additional or supplemental means of obtaining compliance with local codes. (Code 1974, § 2-59) State law reference —Similar provision, F.S. § 162.13. Subdivision B. Citations* See. 2-66. Intent. The City of Winter Springs hereby creates a supplemental and additional method of enforcing its codes and ordinances by the issuance of cita- *Editor's note�ection I of Ord. No. 547, adopted Nov. 22, 1993, provided for the addition of §§ 2-66-2-66k herein. Said sections have been included herein as Subdiv. B, §§ 2- 66-2-69.8, at the editor's discretion. § M6 WINTER SPRINGS CODE tions for violation of city codes or ordinances. The provisions of this subdivision may be used for the enforcement of any City Code or ordinance or for the enforcement of all city codes and ordinances unless prohibited by law. (Ord. No. 547, § I(§ M6), 11-2M3) Supp. No. 2 140.4 ADMINISTRATION Sec. 2-88. Qualifying fees. All candidates for city commission and mayor, qualifying as provided in this Code, shall pay a qualifying fee of one hundred fifty dollars ($150.00). The qualifying fee shall be paid to the city clerk and be paid by the clerk into the general fund of the city. (Code 1974, § 2-35) Sec. 2-89. Registration of voters. Voters in a municipal election shall be regis- tered in the manner provided for by the General Laws of Florida as set out in Florida Statutes, Chapters 97 and 98. All voters residing within the municipal limits of the city and registered by the supervisor of elections to vote in the county, shall be eligible to vote in all municipal elections. (Code 1974, § 2-36) State law reference —Qualifications of municipal elec- tors, F.S. § 166.032. Sec. 2-90. Voting places. In those years when the city conducts the election not in conjunction with the county elec- tion, voting places for municipal elections shall be designated by the city commission. The location of the voting places shall be included in the mayor's proclamation called for by section 2-82 above. In the event there should be a runoff election, the same voting places shall be used. (Code 1974, § 2-38) Sec. 2-91. Voting machines. Voting machines shall be used for voting in the municipal elections provided for in this article in the same manner as such machines are used for voting in state and county elections. (Code 1974, § 2-39) Sec. 2-92. Absentee voting. Absentee voting in the municipal elections pro- vided for in this article shall be permitted and governed by F.S. §§ 101.62 through 101.70. (Code 1974, § 240) Supp. No. 0 147 Sec. 2-93. Canvass of return. In use. years when the city conducts the election not in conjunction with the county elec- tion, returns shall be canvassed by the city can- vassing board designated to canvass the returns in municipal elections. Such city canvassing board shall consist of the city clerk and two (2) members of the city commission to be designated by the commission. The canvassing board shall canvass the returns and issue their certificate pursuant to F.S. chs. 101 and 102 and issue its certificate of election to the successful candidate. The certifi- cate of the canvassing board shall be issued in triplicate; one (1) copy to be deposited with the city clerk, one (1) copy shall be delivered to the city commission, and one (1) copy shall be posted on the public bulletin board in the city hall. Such certificate shall be recorded in the minutes of any meeting of the city commission held immediately following the filing of the certificate. In years when the county supervisor of elections conducts the municipal election, the county canvassing board shall be designated to canvass the returns of the municipal election. (Code 1974, § 241) Sec. 2-94. Applicability of Code to election where questions are submitted. At all elections at which any question is sub- mitted to the electors, including bond issues, this article shall apply to the extent that it can be made applicable and is not preempted by the general election laws of the state. (Code 1974, § 242) State law reference —Bond referendum, F.S. § 100.201 et seq. See. 2-95. Additional duties of city clerk. The city clerk is authorized and directed to have prepared such forms and perform such isterial duties as are required by this article by necessary implication in order to accomplish the objectives of this article, and the intent of the city commission in adopting it. (Code 1974, § 243) Secs. 2-96-2415. Reserved. WINTER SPRINGS CODE ARTICLE V. ANNEXATIONS AND REZONING* Sec. 2-116. Annexation fees. (a) All applications for annexation of property into the city shall be accompanied by an annex- ation fee, Such fee will be established by resolu- tion of the city commission, pursuant to the authority of this section, (b) The annexation fee shall be used to pay the costs of annexation and any additional costs re- lated thereto. (Code 1974, § 2-1) Sec. 2-117. Waiting period for annexation or rezoning of property. No parcel of property shall be considered for annexation into the city, nor shall any parcel of property within the city be considered for rezon- ing, for a six-month period of time following the denial of a petition for annexation or rezoning; provided, however, that the six-month waiting period may be waived by the city commission. (Code 1.9`14, § 2-1,1) Sees. 2-118-2-135. Reserved, ARTICLE VI. FINANCEI' DIVISION 1. GENERALLY Secs. 2-136-2450. Reserved. DIVISION 2. PURCHASING# Sec. 2-151. Purchasing policy and proce- dure established. Unless otherwise provided by city charter, city ordinance, or state or federal law, all city pur- *Cross references —Buildings and building regulations, Ch. 6; land development, Ch. 9; streets, sidewalks and other public places, Ch. 17; zoning, Ch. 20. State law reference —Annexation procedure, F.S. ch. 171, tCharter references —Independent audits, § 4.12; finan- cial procedures generally, § 7.01 et seq. Cross references —Licenses and business regulations, § 10-1 et seq.; taxation, § 184 et seq. State law references —Municipal finance and taxation, F.S. § 166,201 et seq.; budget adoption, F.S. § 200.065; munic- ipal financial matters, F.S. ch. 218. $Editor's note —Ord. No. 200045, § 1, adopted June 12, 2000, amended former Div. 3, §§ 2451-2-153, in its entirety Supp. No. 0 148 chases shall be made pursuant to written uniform purchasing policies and procedures established by the city manager. The city manager is autho- rized to purchase or contract for all commodities and services required by the city which do not exceed twelve thousand five hundred dollars ($12,500.00). All purchases or contracts for all commodities and services required by the city which exceed twelve thousand five hundred dol- lars ($12,500.00) shall be approved by the city commission. (Ord. No. 200045, § 1, 642-00) Sec. 2-152. When written bids are required; waiver. Unless otherwise required by city charter, city ordinance, or state or federal law, competitive prices for all purchases of commodities and ser- vices shall be obtained by written bid, quote, or proposal and the purchase made from, or the corn, ac;, awai ed i,o, the lovves ; and best'; r-espoxi- sible bidder. Notwithstanding any requirement for obtaining written bids, quotes or proposals, purchases may be made by, W cooperating with other governmental entities in soliciting compet- ve bids, quotes or proposals; (ii) using compet- ve bids, quotes or proposals received by other governmental agencies, provided they were made within one year of the date the city proposes to use them; (iii) using a current contract previously awarded to another governmental agency; (iv) using a purchase card, provided the purchase complies with the city's purchase card guidelines; (v) using a sole source vendor; (vi) negotiating directly with a provider of professional services; and (vii) declaring a purchase an emergency; provided said purchases are allowed by city char- ter and state and federal law and deemed in the best interests of the city by the city commission or the city manager for purchases within the city manager's spending authority. (Ord. No. 200045, § 1, 6-12-00) Secs. 2-153-2-190. Reserved. to read as herein set out. Former Div. 3 pertained to similar subject matter and derived from the Code of 1974 and the following: Ord. No. 564, § 1, 7-25-94; Ord. No. 691, § I, 12-8-97. ADMINISTRATION DIVISION 3. CITY OWNED PERSONAL PROPERTY Sec. 2-191. Definition of property. The word "property" as used in this division means fixtures and other tangible personal prop- Supp. No. 2 148.1 Chapter 3 ALCOIOLIC BEVERAGES* Sec. 3-1. Location of business engaged in sale prohibited near church or school. Sec. M. Alcoholic beverage vendors in the town center. Sec. 3-3. 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-i et seq.; adult entertaimnent establish- ment regulations, § 10-51 et seq.; adult entertainment regulations in alcoholic beverage establishments, § 10-66 et seq.; zoning, § 20-1 et seq. State law reference —Alcoholic Beverage Law, F.S. § 561.01 et seq. Supp. No. 0 203 ALCOHOLIC BEVERAGES Sec, 34. Lmcation of business engaged in sale prohibited near church or school. (a) No business proposing to engage in the sale or serving or allowing the consumption of alco- holic beverages (alcoholic beverages defined as all beverages containing more than one (1) percent of alcohol by weight) shall be allowed to locate within two hundred (200) feet in an airline [a straight line] from any existing church or a public or private school operated for the instruction of minors in the common branches learning, relat- ing to pre kindergarten through grade 12 with said distance being measured from building to building at their closest points. Whenever a vendor of alcoholic beverages has procured a license certificate permitting the sale of alcoholic beverages and, thereafter, a church or school shall be established within two hundred (200) feet ofthe vendor of alcoholic beverages, the establishment of such church or school shall not be cause for the discontinuance or classification as a nonconforming use of the business as a vendor of alcoholic beverages. (b) Interpretation of"church property."Achurch is a facility primarily intended for the purpose of conducting organized religious worship services and permitted accessory uses. Church property, as used in this Part, is the ground or land upon which a church and its permitted accessory uses are located and which is in ownership or lease control of the church on the property. (c) Interpretation of "school property." The word "school" as used in this Part shall mean any public, private or parochial institution conducting and offering to minors a course of general or vocational education and mental training. School property, as used in this section, is the ground or land upon which a school and its permitted acces- sory uses are located and which is in ownership or lease control of the school on the property. (Code 1974, § 34; Ord. No. 735, § I, 9-27-99) Sec. 3-2. Alcoholic beverage vendors in the town center. In those areas zoned Town Center Zoning Dis- trict or Greene Way Interchange Zoning District, Supp. No. 2 205 a variety of densely developed land uses are encouraged in the area and the restrictions set for in section 3-1 shall not apply. (Ord. No. 735, § II, 9-27-99) Sec. 3-3. Hours of sale; hours consumption prohibited in places of public ac- commodation. (a) It shall be unlawful for any person in the city to sell, barter, exchange or in any manner deal in alcoholic beverages containing more than one (1) percent of alcohol by weight between the hours of 2:00 a.m. and 7*00 a.m. of the same day. (b) It shall be unlawful for any person to consume in places of public accommodation any alcoholic beverage containing more than one (1) percent of alcohol by weight between the hours of 2:00 a.m. and 7:00 a.m. of the same day. (Code 1974, § 3.5; Ord. No. 735, § II, 9-27-99) Editor's note —Formerly numbered as section M Sec. 3-4. Bottle clubs prohibited. (a) For the purpose of this section the follow- ing definitions of terms shall control: Bottle club shall mean any place or establish- ment where: (1) A product or article for consideration is sold, dispensed, served or provided with the knowledge, actual or implied that the same will be or is intended to be mixed, combined with or drank in connection or combination with an alcoholic beverage for consumption on the premises. (2) A bottle club does not include a social, fraternal or civic association or organiza- tion which only occasionally or intermit- tently provides facilities for on -premises consumption of alcoholic beverages by its members and their guests and is not registered to sell alcoholic beverages. Nor shall this definition be deemed to pre- clude or prohibit the operation of private clubs as defined in F.S. § 561.20(7)(a). Alcoholic beverage shall mean and include all beverages containing more than one (1) percent of alcohol by weight. § 34 WINTER SPRINGS CODE (b) All bottle clubs shall be prohibited from standing, the first or top of such line being operation within the corporate limits of the city. one-half (1/2) inch below the top of the (c) This section shall not be construed to affect, vertical cleavage of the nates (i.e., the nor is it intended to affect, those places or estab- prominence formed by the muscles run- lishments whose hours are established or con- ning from the back of the hip to the back trolled pursuant to F.S. § 562.14 or other city of the leg) and the second or bottom of ordinance-Fertainin�ta hours -of saky, hour uch-line-being one-half ('!2) inch above consumption. the lowest point of the curvature of the (d) Any person or agent thereof who violates fleshy protuberance (sometimes referred to as the gluteal fold), and between two (2) any of the provisions of this section shall be imaginary straight lines, one on each side punished by F.S. § 162.09 and section 2-61(6) of of the body (the "outside lines"), which this Code. Wherein, it so stipulates that a violator outside lines are perpendicular to the may be ordered to pay a fine not to exceed two hundred fifty dollars ($250.00) for each day the Found and to the horizontal lines de - violation continues past the date set for compli- scribed above and which perpendicular outside lines pass through the outermost ance. (Ord. No. 419, § 1, 6-13-88; Ord. No. 735, § II, point(s) at which each nate meets the 9-27-99) UU UL 61UU Ul Cak;ll lugo i;MwiL0116Ud11U111g Editor's note —Formerly numbered as section M. the above, buttocks shall not include the leg, the hamstring muscle below the gluteal Secs. 3-5-3-9. Reserved. fold, the tensor fasciae latae muscle or ony o t o rov c^^ra od portion o_ t ,c Sec. 340. Nudity prohibited upon alcohol human body that is between either: (i) the licensed premises and bottle clubs. left inside perpendicular line and the left (a) Definitions. When used in this section the outside perpendicular line, or (ii) the right following terms shall have the following mean- inside perpendicular line and the right ings which are intended to have the same mean- outside perpendicular line. For the pur- ings as those same terms are defined in Section 3 pose of the previous sentence the left of the Public Decency Ordinance of Seminole inside perpendicular line shall be an imag- County, Florida, as follows: inary straight line of the left side of the anus: (1) that is perpendicular to the ground (1) Breast shall mean a portion of the human and to the horizontal lines described above, female mammary gland (commonly re- and (ii) that is one-third (1/3) of the dis- ferred to as the female breast) including tance from the anus to the left outside the nipple and the areola (the darker line; and the right inside perpendicular colored area of the breast surrounding the line shall be an imaginary straight line on nipple) and an outside area of such gland the right side of the anus: (1) that is wherein such outside area is: W reason- perpendicular to the ground and to the ably compact and contiguous to the are- horizontal lines described above, and (ii) ola, and (ii) contains at least the nipple that is one-third (1/3) of the distance from and the areola and one -quarter (1/4) of the the anus to the right outside line. (The outside surface area of such gland. above description can generally be de- (2) Buttocks shall mean (for a short general scribed as covering one-third (1/3) of the description see the last sentence of this buttocks centered over the cleavage for subsection) the area at the rear of the the length of the cleavage). human body (sometimes referred to as the gluteus maximus) which lies between two (3) Nudity or nude shall be used interchang- (2) imaginary straight lines running par- ably and shall mean any person insuffi- allel to the ground when a person is ciently clothed in any manner so that any Supp. No. 2 206 ALCOHOLIC BEVERAGES of the following body parts are not en- tirely covered with a fully opaque cover- ing: a. The male or female genitals; or b. The pubic area; or c. The vulva; or d. The penis; or e. The female breast (each female per- son may determine which one -quar- ter (1/4) of her breast surface area (see definition of breast) contiguous to and containing the nipple and the areola is to be covered); or f. The anus; or g. The anal cleft; or h. The anal cleavage, or i. The buttocks. Attire which is insuf- ficient to comply with this require- ment includes, but is not limited to, G-strings, T-backs, dental floss and thongs. For purposes of this subsection (3), body paint, body dyes, tattoos, liquid latex whether wet or dried, string and dental floss and other substances shall not be considered "opaque covering". (4) Person shall mean any live human being. (b) Prohibition. It shall be unlawful within the City of Winter Springs for any manager, officer, agent, servant, employee, contractor, person in charge, customer, or invitee of any premises or bottle club licensed under the laws of the State of Florida to sell or allow the consumption of alco- holic beverages to knowingly, intentionally, or recklessly exhibit, suffer, allow, permit, engage in, participate in, or be connected with nudity upon the licensed premises. The combination of nudity and alcoholic beverages at any premises or bottle club licensed under the laws of the State of Florida to allow the sale or consumption of alco- holic beverages within the City of Winter Springs is hereby strictly prohibited. (c) Exceptions. It is not a violation of this section for any person to engage in the ordinary an customary bona fide use of an enclosed single sex public restroom, enclosed single sex func- tional shower, or enclosed single sex locker and/or dressing room facilities. It is also not a violation of this section for a mother to breast feed or change the clothing of her baby. (d) Enforcement and penalties. Any person vi- olating any of the provisions of this section shall be prosecuted in the same manner as misdemean- ors are prosecuted. Such violations shall be pros- ecuted in the name of the State of Florida in a court having jurisdiction of misdemeanors by the prosecuting attorney thereof and, upon convic- tion, shall be punished by a fine not to exceed five hundred dollars ($500.00) or by imprisonment in the county jail not to exceed sixty (60) days or by both such fine and imprisonment as provided in Section 162.22, Florida Statutes (2001), as may be amended from time to time. Each incident or separate occurrence of any act that violates this section shall be deemed a separate offense. In addition to the penalties provided under this section, violators of this section shall be subject to any other appropriate civil or criminal action provided by law in a court of competent jurisdic- tion. (Ord. No. 2001-59, § 1, 12-10-01) Editor's note —At a referendum election held on Nov. 2, 1999, the voters approved a non -binding question requesting the city to enact legislation prohibiting nudity in alcholic beverage establishments. Supp. No. 9 207 [�`he next page is 257] Chapter 6 BUILDINGS AND BUILDING REGULATIONS* Article I. In General Sec. 6-l. 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. 6-36-6-45. 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 7tvo Family Dwelling Code adopted. Sec. 6-82. Amendment to building code. Sec. 6-83. Television dish antennas. Sec. 6-84. Accessory buildings. Secs. 6-85-6-100. Reserved. Article IV. Electricity Sec. 6-101. Electrical code adopted. Sec. 6-102. Terms defined. Sec. 6-103. Electrical inspection. Sec. 6404. Fees. *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, § 746 et seq.; fire hydrant requirements, placement and maintenance, § 7-76 et seq.; flood damage prevention, Ch. 8; land development, Ch. 9; uniform building numbering system, § 9-370 et seq.; impact fees, § 9-386 et seq.; licenses and business regulations, Ch. 10; nuisances, Ch. 13; fire and security alarms, § 13-51 et seq.; planning, Ch. 15; comprehensive plan, § 15-26 et seq.; signs and advertising, Ch. 16; sign construction standards, § 1646 et seq.; excavation standards and requirements, § 17-76 et seq.; utilities, Ch. 19; zoning, Ch. 20. State law reference —Building construction regulations, F.S. ch. 553. Supp. No. 2 365 WINTER SPRINGS CODE Secs. 6-105-6-125. Reserved. Article V. Plumbing Sec. 6-126. Plumbing code adopted. Sec. 6427. Terms defined. Sec. 6428. Plumbing inspection. Sec. 6-129. Fees. Secs. 6430-6-145. Reserved. Article VI. Mechanical Sec. 6-146. Standard Mechanical Code adopted. Sec. 6-147, Definitions. Sec. 6448. Mechanical inspection. Sec. 6-149. Fees. Secs. 6450-6464. Reserved. Article VII. Unsafe Buildings Sec. 6-lEi5. Standard Unsafe Building Abatement Code adopted. Sec. 6-166. Repair or removal. Sec. 6-167. Notice of unsafe building to be served on persons having interest in building; method of service. Sec. 6-168. Court action to compel compliance or prosecute offender upon disregard to uoticc, Sec. 6-169. Vacating unsafe buildings and closing adjacent streets. Secs. 6-170-6485. Reserved. Article VIII. Fences, Walls, Hedges Sec. 6486. Permit required. Sec. 6-187. Construction materials. Sec. 6-188. Exceptions to section 6-187. Sec. 6489. When barbed wire permissible. Sec. 6490. Height limitations generally. Sec. 6491. Limitations when adjacent to street, intersection. Sec. 6492. Utility easements. Sec. 6-193. Distance from property line. Sec. 6-194. Article provisions not controlling; exception. Secs. 6495-6-209. Reserved. Article lX. 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. Sec. 6-223. Conflict with deed restrictions, Supp. No. 2 366 BUILDINGS AND BUILDING REGULATIONS 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. Interim Services Fee Sec. 6-250. Authority. Sec. 6-251. Findings and determinations. Sec. 6-252. Definitions. Sec. 6-253. Establishment of interim services fee. Sec. 6-254. Calculation of interim services fee. Sec. 6-255. Exemptions. Sec. 6.256. Collection of interim services fee. Sec. 6-257. Issuance of certificates of occupancy. Sec. 6-258. Interim services fee fund. Secs. 6-259-6-269. Reserved. Article XII. Citations; Unlicenced Contractors; Failure to Obtain Building Permit Sec. 6-270. Intent and purpose. Sec. 6-271. Findings. Sec. 6-272. Citation authorized for construction contracting violations. Sec. 6-273. Citation form. Sec. 6-274. Penalty. Sec. 6.275. Refusal to sign citation. Sec. 6-276. Stop work. Sec. 6-277. Correction of violation; payment of penalty; notice of hearing. Sec. 6-278. Administrative hearings; accrual of penalties. Sec. 6-279. Appeals of code enforcement board decisions. Sec. 6-280. Recording code enforcement board orders. Sec. 6-281. Notices. Supp. No. 2 367 BUILDINGS AND BUILDING REGULATIONS § &31 ARTICLE I. IN GENERAL Sec. 6-5. Authority of building inspector to stop work if contrary to public wel- Sec. 64. Purpose. fare. The purpose of this chapter is to provide cer- tain minimum standards and requirements in all matters relating to buildings and structures and the uses thereof. (Code 1974, § 54) Sec. 6-2. Compliance with chapter. (a) No building or structure shall hereafter be constructed, altered, repaired or removed, nor shall the equipment of a building, structure or premises be constructed, installed, altered, re- paired or removed, except in conformity with the provisions of this chapter. (b) No building or structure shall be altered in any manner that would be in violation of the provisions of this chapter or any authorized rule or approval of the building inspector made and issued pursuant to this chapter. (Code 1974, § 54) See. 6-3. Use of building erected or altered in violation of chapter. It shall be unlawful for any person to maintain, occupy or use a building or structure, or part thereof, that has been erected or altered in viola- tion of the provisions of this chapter. (Code 1974, § 5-5) Violations. Any person who shall violate a provision of this chapter or fail to comply herewith or with any of the requirements hereof, or who shall erect, con- struct, alter or repair, or has erected, constructed, altered or repaired a building or structure in violation of a detailed statement or plan submit- ted and approved hereunder, or of a permit or certificate issued hereunder, shall be guilty of a violation of this Code and shall be punished in accordance with section 1-15. (Code 1974, § 54) Supp. No. 0 369 Whenever in the opinion of the building inspec- tor, by reason of defective or illegal work in violation of a provision or requirement of this chapter, the continuance of a building operation is contrary to the public welfare, he may order in writing that all further work be stopped and may require suspension of work until the condition in violation has been remedied. (Code 1974, § M) Sec. 6-6. Energy efficiency code adopted. (a) The Florida Energy Efficiency Code for Building Construction is hereby adopted by refer- ence as the Winter Springs Energy Efficiency Building Code for use within the city. (b) The energy efficiency building code maybe amended by the city commission by the adoption of resolutions. (c) The energy efficiency building code is on file and available for public inspection in the building department of the city. (Code 1974, § 5-8) State law reference —Florida Energy Efficiency Code for Building Construction, F.S. § 553.955 et seq. Secs. 6-7-6-30. Reserved. DIVISION 1. GENERALLY Sec. 6-31. Administrative amendments to Chapter 1 of the Florida Building Code. Chapter 1 of the Florida Building Code, as provided for in Section 553.73, Florida Statutes (2001), is hereby amended in the following re- spects: (The section numbers in italics provided below are for reference purposes only, and are included to provide ease of reference between this chapter and the Florida Building Code.) § 6-31 WINTER SPRINGS CODE (a) 101a13 Rules of construction. The rules (2) 102.2.3 Employee qualifications. The com- set out in the Florida Building Code and this munity development director, with the chapter shall be observed, unless such construc- approval of the city manager, may appoint tion is inconsistent with the manifest intent of the or hire such number of officers, inspec- code or this chapter. The rules of construction and tors, plans examiners, and other assis- definitions set out here shall not be applied to any tants to the building official as are needed section of the Florida Building Code or -this chap- from time to time, provided such person ter which contains any express provisions exclud- shall not be appointed or hired as either ing such construction, or where the subject mat- an inspector or plans examiner unless ter or content of such section would be inconsistent that person meets the qualifications for with this section. icensure as an inspector or plans exam- iner as established in Chapter 553, Flor- (1) 101.4.13.1 Generally. All provisions, terms, ida Statutes, (2001) as may be amended. phrases and expressions contained in this chapter shall be liberally construed in (c) 103.1 General powers and duties of the order that the true intent and meaning of building official. The building official is hereby the Florida Building Code and this chap- authorized and directed to enforce the provisions ter may be fully carried out. Terms used of the Florida Building Code and this chapter. The in this division, unless otherwise specifi- building official shall have the authority to render cally provided, shall have the meanings interpretations of this code and with the approval prescribed by the Florida Statutes. of the community development director to adopt policies and procedures in order to clarify the (2) 101.4.13.2 Text. In case of any, difference applicaL010ii ui prvsius oi'uuila Lhe IIuicla Build - of meaning or implication between the ing Code and this chapter. Such interpretations, text this chapter and any figure, the policies and procedures shall be in compliance text shall all control. with the intent and purpose of this code, and shall (3) 101.4.13.3 Delegation of authority. When- not have the effect of waiving requirements spe- ever a provision appears requiring the cifically provided for the Florida Building Code. building official or some other officer or employee of the City to do some act or (1) 103.2 Right of entry. perform such duty, it is to be construed to (A) Building official or an authorized authorize the building official or other designee may enter any building, officer to designate, delegate and autho- structure, or premises at all reason- rize professional level subordinates to per- able times to make an inspection or form the required act or duty unless the enforce any of the provisions of the terms of the provision or section specify Florida Building Code or this chap - otherwise. ter. In cases of emergencies or exi- gent circumstances where extreme (b) 102.2 Building Division. There is hereby hazards are known to exist, the build - established a division of the Community Develop- ing official may enter the building, ment Department called the Building Division, structure, or premises at any time. The Building Division shall be lead by the build- ing official, who in turn will report to the commu- (B) When attempting to enter a build- nity development director. ing, structure or premises that is occupied, the building official or au- (1) 102.2.1 Building official qualifications. The thorized designee shall first identify building official shall be licensed, in ac- himself or herself, display proper cordance with Chapter 553, Florida Stat- credentials and request entry. If the utes (2001), and as may be amended, as a building, structure, or premises are Building Code Administrator by the State unoccupied, the building official shall of Florida. first make a reasonable effort to lo- Supp. No. 2 370 BUILDINGS AND BUILDING REGULATIONS § 6-31 cate the owner or other persons hav- tion, or replacement of the building, ing charge of the building and re- structure, electrical, gas, mechani- quest entry. If entry is refused, or if cal or plumbing systems for which the owner or other persons having the permit was issued is in violation charge of an unoccupied building can- of, or not in conformity with, the not be located, the building official provisions of the Florida Building shall have recourse to every remedy Code or this chapter, provided by law to secure entry, in- cluding an inspection warrant. (d) 104.1.6 Time limitations. Except as other- (C) When the building official or autho- wise provided in this chapter, an application for a rized designee shall have obtained permit for any proposed work shall be deemed to permission to enter, secured an in- have been abandoned, and shall expire and be- permiss warrant, or obtained an- come null and void six (6) months after the date of spectother remedy provided by law to filing for the permit, or plan approval, whichever secure entry, no person shall fail, is later unless before then a permit has been after proper credentials are dis. issued. One or more extensions of time for periods played, to promptly permit entry into of not more than 90 days each may be allowed by the building, structure or premises the building official for the application, provided by the building official or authorized the extension is request in writing and justifiable designee for the purpose of inspec- cause is demonstrated. tion and examination pursuant to (e) 104.2.1.2 Additional data. The building of - this code. Any person violating this ficial shall be allowed to require details, compu- section may be prosecuted within tations, stress diagrams, and other data neces- the limits of the law. sary to describe the construction or installation (2) 103.4 Revocation of permits. The building and the basis of calculations. official is authorized to suspend or revoke a permit issued under the provisions of (f) 104.2.4 Site drawings. Drawings shall show this code or chapter wherever the permit the location of the proposed building or structure is issued in error or on the basis of incor. and of every existing building or structure on the rect, inaccurate or incomplete informa- site or lot. The building official shall be permitted tion, or in violation of any ordinance or to require a boundary line survey prepared by a regulation or any provisions of the Florida qualified surveyor whenever the boundary lines Building Code or this chapter. cannot be readily determined in the field. (A) 103.4.1 Misrepresentation of appli- cation. The building official may re- (g) 104.2.5 Hazardous occupancies. The build- voke a permit or approval, issued ing official may require the following: under the provisions of the Florida (1) General site plan. A general site plan Building Code or this chapter, in drawn at a legible scale which shall in- case there has been any false state- clude, but not be limited to, the location of ment or misrepresentation as to the all buildings, exterior storage facilities, material fact in the application or permanent access ways, evacuation routes, plans on which the permit or ap- parking lots, internal roads, chemical load- proval was based, ing areas, equipment cleaning areas, storm (B) 103.4.2 Violation of Florida Building and sanitary sewer accesses, emergency Code provisions. The building offs- equipment and adjacent property uses. cial may revoke a permit upon deter- The exterior storage areas shall be iden- mination by the building official that tified with the hazard classes and the the construction, erection, alteration, maximum quantities per hazard class of repair, moving, demolition, installa- hazardous materials stored. Supp. No. 2 371 WINTER SPRINGS CODE (2) Building floor plan. A building floor plan drawn to a legible scale, which shall in- clude, but not be limited to, all hazardous materials storage facilities within the build- ing and shall indicate rooms, doorways, corridors, exits, fire rated assemblies with their hourly rating, location of liquid tight rooms, and evacuation routes. Each haz- ardous materials storage facility shall be identified on the plan with the hazard classes and quantity range per hazard class of the hazardous materials stored. (h) 104.4.E Public right -of --way. A permit shall not be given by the building official for the con- struction of any building, or for the alteration of any building where said building is to be changed and such change will affect the exterior walls, bays, balconies, or other appendages or projec- tions fronting on any street, alley or public lane, or for the placing on any lot or premises of any building or structure removed from another lot or premises, unless the applicant has made applica- ..,�._ ,. LlOil luc 11'�'116 Ui W�l� iJY 1131 L� 1Y'iJYll the <.: Ll L11i�Y1Ly having jurisdiction over the street, alley or public lane. (i) 104.5.1 Permit intent. A permit issued shall be construed to be a license to proceed with the work and not as authority to violate, cancel, alter or set aside any of the provisions of the technical codes, nor shall issuance of a permit prevent the building official from thereafter requiring a cor- rection of errors in plans, construction, or viola- tions of the Florida Building Code or this chapter. Every permit issued shall become invalid unless the work authorized by such permit is commenced within six (6) months after the time the work is commenced. Failure to obtain an approved inspec- tion within one -hundred eighty (180) days of the previous approved inspection shall constitute sus- pension or abandonment. One or more extensions of time, for periods not more than one -hundred eighty (180) days each, may be allowed by the building official for the permit, provided the ex- tension is requested in writing and justifiable cause is demonstrated prior to the expiration date. The building official shall record the exten- sion of time granted. 0) 104.5.1.5 Expiration of demolition permits. Permits issued for the demolition of a structure shall expire sixty (60) days from the date of Supp. No. 9 072 issuance. For a justifiable cause, one (1) extension of time for a period not exceeding thirty (30) days may be allowed. Such request shall be in writing to the building official. (k) 104.6.4.1 Permit fees. On all buildings, structures or alterations requiring a building per- mit, a fee shall be paid in accordance with the fee schedule adopted by resolution of the city commis- sion. (1) 104.6.E Building permit valuation. If, in the opinion of the building official, the valuation of building, alteration, structure, electrical, gas, me- chanical or plumbing systems appears to be un- derestimated on the application, permit shall be denied, unless the applicant can show detailed estimates which meet the approval of the building official. Permit valuations shall include total cost, such as electrical, gas, mechanical, plumbing equip- ment and other systems, including materials and labor. The permit valuation may be calculated using the latest Building Valuation Data pub- lished by the Southern Building Code Congress International or other applicable model code or- ganization, at the option of the building official. (m) 105.1 Existing building inspections. Be- fore issuing a permit, the building official may examine or cause to be examined any building, electrical, gas, mechanical or plumbing systems for which an application has been received for a permit to enlarge, alter, repair, move, demolish, install or change the occupancy. The building official shall inspect all buildings, structures, elec- trical, gas, mechanical and plumbing systems, for which a permit was issued. The building official shall make a record of every such examination and inspection and of all violations of the techni- cal codes. (n) 105.2 Manufacturers and fabricators. When deemed necessary by the building official, the building official shall make, or cause to be made, an inspection of materials or assemblies at the point of manufacture or fabrication. A record shall be made of every such examination and inspec- tion and of all violations of the technical codes. (o) 105.3 Inspection service. The building offi- cial may make or cause to be made, the inspec- tions required by Section 105, of the Florida BUILDINGS AND BUILDING REGULATIONS Building Code. The building official may accept reports of department inspectors, independent inspectors or of recognized inspection services, provided that after investigation the building official is satisfied as to their licensure, qualifica- tions and reliability. A certificate required by any provision of the Florida Building Code shall not be based on such reports unless the same are recorded by the building code inspector or the architect or engineer performing building code inspections in a manner specified by the building official. The building official shall ensure that all persons making such inspections shall be certi- fied in accordance to Chapter 468, Florida Stat- utes. (p) 105.6 Required inspections. The building official upon notification from the permit holder or the permit holder's agent shall make the fol- lowing inspections, and shall either release that portion of the construction or shall notify the permit holder or the permit holder's agent of any violations which must be corrected in order to comply with the technical codes. The building official shall determine the timing and sequenc- ing of when inspection occur and what elements are inspected at each inspection. Building: 1. Foundation inspection: To be made after trenches are excavated and forms erected and shall at a mini- mum include the following building components: • stem - wall • monolithic slab -on -grade • piling/pile caps • footers/grade beams l.1. Slab Inspection: To be made after the reinforcement is in place, all concealed conduit, piping, ducts and vents are installed and the electri- cal, plumbing and mechanical work is complete. Slab shall not be poured until all required inspections have been made and passed. A foundation survey prepared and certified by a registered surveyor shall be required for all new construc- Supp. No. 2 373 tion prior to approval of the framing inspection. The survey shall certify placement of the building on the site, illustrate all surrounding set- back dimensions and shall be avail- able at the job site for review by the building inspector. In lieu of provid- ing a survey, the contractor may elect to uncover all property line markers and string -up all property lines in preparation for inspection. 2. Framing inspection: To be made af- ter the roof, all framing, fire -block- ing and bracing is in place, all con- cealed wiring, all pipes, chimneys, ducts and vents are complete and shall at a minimum include the fol- lowing building components: • window/door framing and installa- tion • vertical cells/columns • lintel/tie beams • framing/trusses/bracing/connectors • draft stopping/fire-blocking • curtain wall framing • energy insulation • accessibility 2.1. Insulation Inspection: To be made after the framing inspection is ap- proved and the insulation is in place. 3. Sheathing inspection: To be made either as part of a dry -in inspection or done separately at the request of the contractor after all roof and wall sheathing and fasteners are com- plete and shall at a minimum in- clude the following building compo- nents: • roof sheathing • wall sheathing • sheathing fasteners • roof/wall/dry-in NOTE: Sheathing fasteners installed and found to be missing the structural mem- § 6-31 WINTER SPRINGS CODE ber (shiners) shall be removed and prop- 2. Rough -In inspection: To be made af- erly reinstalled prior to installation of the ter the roof, framing, fire -blocking dry -in material. and bracing is in place and prior to 4. Roofing inspection: To be made as the installation of wall or ceiling two inspections on tile, slate or Simms membranes. ilar roof coverings or as one inspec- 3. Final inspection: To be made after tion on all other roof coverings, and the building is complete, all required shall at a minimum include the fol- electrical fixtures are in place and lowing building components: properly connected or protected, and • dry4n the structure is ready for occupancy. • insulation Plumbing: • roof coverings 1. Underground inspection: To be made • flashing after trenches or ditches are exca- 5. Final inspection: To be made after vated, piping installed, and before the building is completed and ready any backfill is put in place. for occupancy. 2. Rough -In inspection: To be made af- �,,, 4-1, �, :� ; g� fire �0^1....b 6. Swimming pool inspection: `" "` A ""W` "` " and bracing is in place and all soil, • First inspection to be made after waste and vent piping is complete, excavation and installation of rein- and prior to the installation of wall forcing steel, bonding and main drain or ceiling membranes. and prior to placing of concrete. • Final inspection to be made when 3. Final inspection: To be made after iithe building is complete, all required the swimming pool is complete and plumbing all required enclosure requirements fixtures are in place and are in place. properly connected, and the struc- ture is ready for occupancy. • In order to pass final inspection and receive a certificate of comple- Mechanical: tion, a residential swimming pool 1. Underground inspection: To be made must meet the requirements relat- after trenches or ditches are exca- ing to pool safety features as de- vated, underground duct and fuel scribed in Section 424.2.17. piping installed, and before any 7. Demolition inspections: backfill is put in place. • First inspection to be made after 2. Rough -In inspection: To be made af- all utility connections have been dis- ter the roof, framing, fire -blocking connected and secured in such man- and bracing is in place and all duct- ner that no unsafe or unsanitary ing and other concealed components conditions shall exist during or after are complete, and prior to the instal - demolition operations. lation of wall or ceiling membranes. • Final inspection to be made after 3. Final inspection: To be made after all demolition work is completed. the building is complete, the mechan- Electrical: ical system is in place and properly connected, and the structure is ready 1. Underground inspection: To be made for occupancy. after trenches or ditches are exca- vated, conduit and cable installed, Gas: and before any backfill is put in 1. Rough piping inspection: To be made place. after all new piping is authorized by Supp. No. 2 374 BUILDINGS AND BUILDING REGULATIONS the permit has been installed, and before any such piping has been cov- ered or concealed or any fixtures or gas appliances have been connected. 2. Final piping inspection: To be made after all piping authorized by the permit has been installed and after all portions which are to be con- cealed by plastering or otherwise has been so concealed, and before any fixtures or gas appliances have been connected. This inspection shall in- clude a pressure test. 3. Final inspection: To be made on all new gas work authorized by the per- mit and such portions of existing systems as may be affected by new work or any changes, to insure com- pliance with all the requirements of this code and to assure that the installation and construction of the gas system is in accordance with reviewed plans. Site Debris: 1. The contractor and/or owner of any active or inactive construction project shall be responsible for the clean-up and removal of all construction de- bris or any other miscellaneous dis- carded articles prior to receiving fi- nal inspection approval. Construction job sites must be kept clean, such that accumulation of construction de- bris must not remain on the prop- erty for a period of time exceeding 14 days. 2. All debris shall be kept in such a manner as to prevent it from being spread by any means. (q) 106.1.2 Issuing Certificate of Occupancy. Upon completion of construction of a building or structure and installation of electrical, gas, me- chanical and plumbing systems in accordance with the technical codes, reviewed plans and specifications, and after the final inspection, and after verification that all septic system permits have received an approved final inspection where applicable, the building official shall issue a Cer- Supp. No. 0 375 cate of Occupancy stating the nature of the occupancy permitted, the number of persons for each floor when limited by law, and the allowable load per square foot for each floor in accordance with the provisions of this code. Testing. For products not covered under the statewide product evaluation and ap- proval system, the building official may require tests or test reports as proof of compliance. Re- quired tests are to be made at the expense of owner, or his agent, by an approved testing labo- ratory or other approved agency. (s) 109.1 Violations and Penalties. Any person, firm, corporation or agent who shall violate a provision of the Florida Building Code or this chapter, or fail to comply with either, or with any of the requirements there, or who shall erect, construct, alter, install, demolish or move any structure, electrical, gas, mechanical or plumbing system, or has erected, constructed, altered, re- paired, moved or demolished a building, struc- ture, electrical, gas, mechanical or plumbing sys- tem, in violation of a detailed statement or drawing submitted and permitted there under, shall be guilty of a misdemeanor or the second degree. Each such person shall be considered guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this code is committed or continued. Upon conviction of any such violation such person all be punished within the limits as provided by law and local ordinance. (t) 110 Establishment of Construction Board of Adjustment and Appeals (1) 110.1 Construction Board of Adjustment and Appeals. There is hereby established a board to be called the board of adjust- ments and appeals, which shall consist of five (5) members of the Winter Springs City Commission. The term of office for each of the five (5) seats which comprise the board of adjustments and appeals shall be the term of office for the commis- sioner who occupies that particular seat. Vacancies shall be filled for an unexpired term in the same manner in which com- mission seat vacancies are filled under § 6-31 WINTER SPRINGS CODE the terms of the City Charter for the City of Winter Springs as well as the Winter Springs Code of Ordinances. (2) 110.3 Powers. The Construction Board of Adjustments and Appeals shall have the power, further defined in 110.4, to hear appeals of decisions and interpretations of the building official. (3) 110.4 Appeals. (A) 110.4.1 Decision of the building ofl"i- cial. The owner of a building, struc- ture or service system, or his duly authorized agent, may appeal a de- cision of the building official to the Construction Board of Adjustment and Appeals whenever any one of the following conditions are claimed to exist: 1. The building official rejected or refused to approve the mode or manner of construction pro- posed to be followed or materi- als to be used in the installa- tion or alteration of a building, structure or service system. 2. The provisions of this code do not apply to this specific case. 3. That an equally good or more desirable form of installation can be employed in any specific case. 4. The true intent and meaning of this code or any of the regula- tions there under have been misconstrued or incorrectly in- terpreted. (B) 110.4.3 Notice of appeal. Notice of appeal shall be in writing and filed within 30 calendar days after the decision is rendered by the building official. Appeals relating to provi- sions of the Florida Building Code, other than local amendments, may be appealed to the Florida Building Commission, pursuant to section 120,569, Florida Statutes, regarding Supp. No. 2 376 the local governments action. Notice of Administrative Rights may be ob- tained from the building division. (5) 110.5.2 Decisions. The Construction Board of Adjustment and Appeals shall, in every case, reach a decision without unreasonable or unneces- sary delay. Each decision of the board shall also include the reasons for the decision. If a decision of the board reverses or modifies a refusal, order, or disallowance of the building offi- cial or varies the application of any provision of this code, the building official shall immediately take ac- tion in accordance with such deci- sion. Every decision shall be promptly f;lnrl in ;" +hn nffinn of +],n building official and shall beopento public inspection. A certified copy of the decision shall be sent by mail or otherwise to the appellant and a copy shall be kept publicly posted in the office of the building official for two weeks after filing. Every deci- sion of the board shall be final, sub- ject however to such remedy as any aggrieved party might have at law or in equity. (Ord. No. 2001-57, § 2, 12-10-01) Sec. 6-32. Administrative amendments to Chapter 2 of the Florida Building Code. Chapter 2 of the Florida Building Code, as provided for in Section 553.73, Florida Statutes (2001), is hereby amended in the following re- spects: (The section numbers in italics provided below are for reference purposes only, and are included to provide ease of reference between this chapter and the Florida Building Code.) (a) 101.4.15 Words defined. Abandon or abandonment. (1) Termination of a construction project by a contractor with- out just case or proper notification to the owner including the reason for termination. (2) Fail- ure of a contractor to perform work without just cause for ninety (90) days. (3) Failure to BUILDINGS AND BUILDING REGULATIONS § 6-32 obtain an approved inspection within one hun- qualified to engage in the business of contract- dred eighty (180) days from the previous in- ing, subcontracting or the work of a specific spection. trade. Appraised value. For the purpose of this section, appraised value is defined as either (1) one hundred and twenty (120) percent of the assessed value of the structure as indicated by the County Property Appraiser's Office or (2) the value as indicated in a certified appraisal from a certified appraiser. Assessed value. The value of real property and improvements thereon as established by the County Property Appraiser. Authorized agent. A person specifically au- thorized by the holder of a certificate of compe- tency to obtain permits in his stead. Basic wind speed line. The basic wind speed line for the jurisdiction shall be established by the wind speed contour map attached to as Exhibit "A", and made part of, this chapter if applicable. Editor's note —Exhibit "A" is not set out herein but is available in the offices of the city. Board. The appropriate City or County Board of Adjustment and Appeals, unless otherwise specifically stated. Building component. An element or assem- bly of elements integral to or part of a building. Building shell. The structural components that completely enclose a building, including, but not limited to, the foundation, structural frame, floor slabs, exterior walls or roof system. Building system. A functionally related group of elements, components and/or equipment, such as the electrical, plumbing and mechani- cal systems of a building. Certification. The act or process of obtaining a certificate of competency from the state or municipality through the review of the applicant's experience and financial responsi- bility as well as successful passage of an exam- ination. Certificate of competency (certificate). An of- ficial document evidencing that a person is Supp. No. 2 376.1 Certificate of experience. An official docu- ment evidencing that an applicant has satis- fied the work experience requirements for a certificate of competency. Certificate of occupancy (C.O.). An official document evidencing that a building satisfies the requirements of the jurisdiction for the occupancy of a building. Certified contractor. Any contractor who pos- sesses a certificate of competency issued by the Department of Professional Regulation of the State of Florida. Change of occupancy. A change from one Building Code occupancy classification or sub- classification to another. Commercial building. Any building, struc- ture, improvement or accessory thereto, other than a one -or two-family dwelling. Cumulative construction cost. The sum total of costs associated with any construction work done to a building or structure either at one (1) time or a different times within a specified period of time. Demolition. The act of razing, dismantling or removal of a building or structure, or portion thereof, to the ground level. Examination. An exam prepared, proctored and graded by a recognized testing agency unless otherwise implied in context or specifi- cally stated otherwise. FCILB. The Florida Construction Industry Licensing Board. Imminent danger: Structurally unsound con- ditions of a structure or portion thereof that is likely to cause physical injury to a person entering the structure: Or due to structurally unsound conditions, any portion of the struc- ture is likely to fall, be carried by the wind, or otherwise detach or move, and in doing so cause physical injury or damage to a person on the property or to a person or property nearby: Or the condition of the property is such that it harbors or is inhabited by pests, vermin, or § U-04 WINTER SPRINGS CODE organisms injurious to human health, the pres- ence of which constitutes an immediate hazard to people in the vicinity. Inspection warrant. A court order authoriz- ing the official or his designee to perform an I nspection of a particular property named in the warrant. Intensification of use. An increase in capac- ity or number of units of a residential or commercial building. Interior finish. The preparation of interior spaces of a commercial building for the first occupancy thereof. Licensed contractor. A contractor certified by the State of Florida or the local jurisdiction who has satisfied the all state or local require- ments to be actively engaged in contracting. Market value. As defined in floodplain regu- lations of this code. Oum.er's naen.t, A person, firm. or P,ptty au- thorized in writing by the owner to act for or in place of the owner. Permit. An official document authorizing per- formance of a specific activity regulated by this chapter. Permit card or placard. A document issued by the jurisdiction evidencing the issuance of a permit and recording of inspections. Qualifying agent, primary. A person who possesses the requisite skill, knowledge, expe- rience and certificate of competency, and has the responsibility to supervise, direct, manage, and control the contracting activities of the business organization with which he is associ- ated; who has the responsibility to supervise, direct, manage and control construction activ- ities on a job for which he has obtained a permit; and whose technical and personal qual- ifications have been determined by investiga- tion and examination and is evidenced by his possession of a certificate or competency. Qualifying agent, secondary. A person who possesses the requisite skill, knowledge, expe- rience and certificate of competency, and has the responsibility to supervise, direct, manage and control construction activities on a job for Supp. No. 2 376.2 which he has obtained a permit, and whose technical and personal qualifications have been determined by investigation and examination and is evidenced by his possession of a certifi- cate of competency. Reciprocity. To accept a verified affidavit from any municipality or county of the State of Florida that the applicant has satisfactorily completed a written examination in its juris- diction equal in content with the examination required by this chapter. Registered contractor. A contractor who has registered with the Department of Professional Regulation of the State of Florida pursuant to fulfilling the competency requirements of the local jurisdiction. Registration. The act or process of register- ing a locally obtained certificate of competency with the state, or the act or process of register- ing a state issued certificate of competency Al A Remodeling. Work which changes the origi- nal size, configuration or material of the com- ponents of a building. Residential building. Any one- or two-family Lis or accessory. Roofing. The installation of roof coverings. Spa. Any constructed or prefabricated pool containing water jets. Specialty contractor A contractor whose ser- vices do not fall with the categories specified in Section 489.105(3), Florida Statutes, as amended. State of construction: (1) Site: The physical clearing of the site in preparation for foundation work includ- ing, but not limited to, site clearing, exca- vation, dewaterings, pilings and soil test- ing activities. (2) Building. The removal, disassembly, re- pair, replacement, structure, building sys- tem or building components in whole or parts thereof. BUILDINGS AND BUILDING REGULATIONS Stop work order. An order by the building official, or his designee, which requires the immediate cessation of all work and work ac- tivities described in the order. Structural component. Any part of a system, building or structure, load bearing, or non -load bearing, which is integral to the structural integrity thereof, including but not limited to walls, partitions, columns, beams and girders. Structural work or alteration. The installa- tion or assembling of new structural compo- nents into a system, building or structure. Also, any change, repair or replacement of any exist- ing structural component of a system, building or structure. Substantial completion. Where the construc- tion work has been sufficiently completed in accordance with the applicable city, state and federal codes, so that the owner can occupy or utilize the project for the use for which it is intended. Value. Job cost. (Ord. No. 20014571 § 2, 12-10-01) Sec. 6-33. Establishing the location of local wind speed lines. Section 1606.1.E of the Florida Building Code requires the exact locations of wind speed lines to be established by local ordinance using recog- nized physical landmarks such as major roads, canals, rivers and lake shores, wherever possible. The city commission adopts the following loca- tions: All land lying within the city limits of the City of Winter Springs shall have a wind speed designation of one hundred ten (110) miles per hour as designated on the wind speed contour map attached hereto as Exhibit "A", with the city limits being graphically depicted with land- marks upon the map attached hereto as Ex- hibit "B". (Ord. No. 2001-57, § 2, 1240-01) Editor's note —Exhibits "A" and "B" are not set out herein but are avialable in the office of the city clerk. Supp. No. 2 376.3 Sec. 6-34. Adoption of Florida Building Code appendices. Appendices D, E, F, and H of the Florida Building Code are hereby adopted by reference. (Ord. No. 2001-57, § 2, 1240-01) Sec. 6-35. Temporary storage structures. (a) Definition: For purposes of this section, "temporary storage structure" shall mean a struc- ture designed and used primarily for storage of buiMing materials, household goods, and other such material; and that is not intended for per- manent installation. (b) A supplier of a temporary storage structure shall obtain a permit issued by the building department prior to supplying and installing or allowing to be installed a temporary storage struc- ture within the City of Winter Springs. The per- mit shall be limited to a specific address and shall allow the installation at such address for a max- imum of seventy-two (72) consecutive hours. Per- mits shall also be limited to a maximum of two (2) per any twelve (12) month period for any specific address. A permit fee shall be required by resolu- tion of the city commission and collected by the city. The permit shall contain the date and time of issuance, the name of the person to whom the temporary storage structure is supplied, and the address at which the temporary storage structure wilI be installed. (c) In the event of a tropical storm or hurricane watch issued by the National Weather Service, the city shall have the right to order the supplier to remove the temporary storage structure by providing the supplier at least twenty-four (24) hours notice of removal. In the event of a tropical storm or hurricane warning issued by the Na- tional Weather Service, the temporary storage structure shall be immediately removed by the supplier after the warning being issued. In such situations, the city shall have the right to enter the property and remove the temporary storage structure if the supplier does not remove the temporary storage structure as required by this subsection. The supplier shall be liable for all removal costs incurred by the city and failure to pay said costs, upon demand by the city, shall § 6-35 WINTER SPRINGS CODE constitute a code violation and shall result in a lien being imposed pursuant to Chapter 162, Florida Statutes, in the amount of said costs. (d) For good cause shown by the owner of the property at which the temporary storage struc- ture will be supplied, the time periods set forth in subparagraph (b) may be extended by the city manager or city commission; provided an exten- sion granted by the city manager shall not extend beyond the date for the next regularly scheduled city commission meeting. Good cause being lim- ited to emergencies and situations where there exists a reasonable risk or threat to life and property damage. (Ord. No. 2001-16, § 1, 7-Ml) Editor's note —Ord. No. 200146, § 1, adopted July 9, 2001, amended the Code by adding provisions designated at section 6-59. Because Division 2 containing this section was subsequently reserved, the editor has included the provisions of Ord. No. 2001-16 as section 6-35. Secs. 6-36-6-45. Reserved. DIVISION 2. RESERVED* Secs. 6-46-6-80. Reserved. ARTICLE III. BUILDING CONSTRUCTION STANDARDS{' Sec. 6-81. Standard Building Code, Stan- dardExisting Building Code, Stan- dard Housing Code and One And Two Family Dwelling Code adopted. The city hereby adopts in there entirety the Standard Building Code 1997 Edition, excluding Section 102.2.1, Section 2405.2.1.6, Chapter 11, and Appendices B and Es the Standard Existing Building Code 1988 Edition; and the Standard Housing Code 1991 Edition, as promulgated by the Southern Building Code Congress Interna- tional, Inc. and the One And Two Family Dwelling `Editor's note —Ord. No. 2001-57, § 1, adopted Dec. 10, 2001, repealed former Div. 2, §§ 646-6-58, in its entirety which pertained to permits and inspections and derived from the Code of 1974. tState law reference —Building construction standards, F.S. ch. 553. Code 1995 Edition excluding Section 308.4.9 as the minimum standards for building and construc- tion within the city. The provisions of these stan- dard codes shall govern all matters contained therein, except when in conflict with the provi- sions of this chapter or other ordinances of the city. (Code 1974, § 5-2; Ord. No. 461, § 1, 6-26-89; Ord, No. 517, § 1, 2-24-92; Ord. No. 605, § I, 11-27-95; Ord. No. 692, I, 1-12-98) Sec. 6-82. Amendment to building code. (a) Section 108.1, Appointment, of the building code adopted by this chapter is hereby amended to read as follows: "There is hereby established a board to be called the board of adjustments and appeals, which shall consist of five (5) members of the Winter Springs City Commission. The term of office for each of the five (5) seats which com- prise the board of adjustments and appeals all be the tern of office for the commissioner who occupies that particular seat. Vacancies shall be filled for an unexpired term in the same manner in which commission seat vacan- cies are filled under the terms of the City Charter for the City of Winter Springs as well as the Winter Springs Code of Ordinances." (b) In addition to the requirements of the Stan- dard Building Code Chapter 18, Section 1804— Footings and Foundations, [the following shall be added:] "In all masonry buildings there shall be a minimum of either two (2) one-half (1/2) inch or three (3) three -eighths (3/8) inch steel rods in the foundation of same." (Code 1974, § 5-3; Ord. No. 605, § I, 11-27-95) Sec. 6-83. Television dish antennas. (a) Permit required. The installation of all tele- vision dish antennas and/or satellite antennas shall require a building permit. Supp. No. 2 376.4 (1) Television dish antennas or satellite an- tennas shall not be installed or attached to any part of the roof structure of any residential building. (2) Television dish antennas or satellite an- tennas may be installed on or attached to 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. and related to the principal structure or use of the land, and which is located on the same lot as the principal structure or use. Accessory buildings shall include storage buildings, toolhouses, party houses, bathhouses (used in conjunction with swimming pool) and similar uses. No more than two (2) accessory buildings shall be allowed on any single lot. Accessory buildings shall not be used as living quarters. (3) Television dish antennas or satellite an- (b) Height and size restrictions. The maximum tennas shall not be installed in front of height shall be twelve (12) feet measured from the front line of any residential, commen ground level. The maximum size of any structure cial, or industrial building. shall be two hundred forty (240) square feet. (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, S11pp. No. 2 376.5 (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. Easements —If an easement on the lot (4) 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) Secs. 6-85-6-100. Reserved. WINTER SPRINGS CODE ARTICLE IV. ELECTRICITY* Sec. 6-101. Electrical code adopted. The city hereby adopts in its entirety that certain electrical code known as the National Electrical Code, 1999 Edition as published by the National Fire Protection Association and the Cen- tral Florida Advisory Committee Notice '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. The building department for the city shall make all inspections, issue all permits and en- foree all provisions of the National Flectriesl Cody adopted in section 6-101 within the city. (Ord. No. 605, § IV, 11-27-95) Sec. 6404. 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. 6-105-6425. Reserved. ARTICLE V. PLUMBINGi Sec. 6-126. Plumbing code adopted. The city hereby adopts in its entirety that certain plumbing code known as the Standard 'Cross references —Electrical requirements for installa- tion of swimming pools, § 6-non ; fire prevention and 4- State law reference —Electrical code, F.S. § 553.19. tCross references —Fences, walls, hedges, etc., § 6486 et seq,; plumbing requirements for swimming pools, § 6-221; obstruction of fire hydrants prohibited, § 74; fire hydrant requirements, placement and maintenance, § 746 et seq.; utilities, Ch. 19. State law reference —Plumbing code, F.S. §§ 553.06, 553.73. Supp. No. 2 376.6 Plumbing Code, 1994 Edition, excluding Appen- 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 6-126 shall mean the city building inspector. (Code 1974, § 5-72) Sec. 6-128. Plumbing inspection. `1"he 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. ( id. No. 005, § VIII, 11-27-05;) Sec. 6-129. Fees. All applications for plumbing permits shall be accompanied by an appropriate plumbing 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, § IX, 11-27-95) Secs. 6-130-6-145. Reserved. 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, 142-98) BUILDINGS AND BUILDING REGULATIONS Sec. 6a Definitions. (a) The word "city" as used in the code adopted in section 6446 refers to the City of Winter Springs, Florida. (b) The words "mechanical code" as used herein refer to the Standard Mechanical Code adopted in section 6446. (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, § 5-166) 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, § 5467) Secs. 6-150-6-164. Reserved. ARTICLE VII. UNSAFE BUILDINGS 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 maybe or shall at any time hereafter become dangerous or un- safe, shall, unless made safe and secure, be taken down and removed. Supp. No. 2 376.7 (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, 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) Sec. 6-167. Notice of unsafe building to be served on persons having inter- est in building; method of ser- vice. (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 contingent interest in the same, a written notice 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, anI an order requiring the same to be made safe anI 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) Sec. 6468. Court action to compel compli- ance or prosecute offender upon disregard to notice. 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 § 6468 WINTER SPRINGS CODE 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) Sec. 6-169. Vacating unsafe buildings and 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) Secs. 6-170-6-185. Reserved. ARTICLE VIII. FENCES, WALLS, HEDGES* 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. 6487. Construction materials. Fences and walls constructed within the city shall conform to one (1) of the following: (1) Wood fences constructed of rot -and terniite- 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. *Cross references —Beautification board, § 2-76 et seq.; enclosure for swimming pool required, § 6-217; land develop- ment, Ch. 9; zoning, Ch. 20. Supp. No. 2 376.8 (3) Ornamental iron. (4) Ventilated concrete or masonry. (5) Decorative PVC or aluminum, structur- ally sound to maintain spans and one hundred ten (110) mph wind load. (Code 1974, § 5423; Ord. No. 2001-29, § 2, 5-14- 01) Sec. 6-188. Exceptions to section 6-187. Where zoning classifications within the city allow for horses, barbed wire fences will be per- mitted as well as fabric fences with fabric of less than a minimum of eleven -gauge galvanized or other noncorrodible metal. (Code 1974, § 5-124) Sec. 6-189. When barbed wire permissible. In areas where security fences are permitted, barb^-9 wire may ne MPO c'1nove sly (ro) feet w11,11 approval of the building officials. (Code 1974, § 5425) Sec. 6-190. Height limitations generally. All walls or fences hereafter located, erected, constructed, reconstructed, or altered outside of the established building lines shall adhere to the following heights: If front of the front building line, no more than four (4) feet in height; if to the rear of the front building line, provided the pro- visions of section 6-191 are met for corner lots, no more than eight (8) feet in height. (Code 1974, § 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, no fence, wall or hedge shall be erected, planted or grown within twenty-five (25) feet of the intersecting property line corner adjacent to the street intersection corners. (Code 1974, § 5-127) Cross references ---Streets, sidewalks and other public places, Ch. 17; streets, § 17-26 et seq.; motor vehicles and traffic, Ch. 12; zoning, Ch. 20. BUILDINGS AND BUILDING REGULATIONS Sec. 6492. Utility easements. (a) It shall be lawful for any person to enclose or fence any utility easements; provided, however, that adequate access must be provided thereto by the fence owner. If it becomes necessary to cut a fence or remove walls for the purpose of installa- tion of new utilities or repairing or maintaining installed utilities, the utility company involved shall be responsible to repair or replace the fence or wall to the condition existing previous to the installation, repair or maintenance. (b) A dedicated right -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 welfare 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 maybe 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. 6493. Distance from property line. Fences or hedges must be at least three (3) inches from property lines. (Code 1974, § 5-130) Cross references —Land development, Ch. 9; zoning, Ch. 20. Supp. No. 2 376.9 Sec. 6-194. Article provisions not control- ling; exception. Provisions of this article do not supersede or control deed restrictions running with the land unless the provisions therein are more stringent than in the deed restriction. (Code 1974, § 5-131) Secs. 6-195-6-209. Reserved. ARTICLE IX. SWIMMING POOLS* Sec. 6-210. Code adopted. The city hereby adopts in its entirety that certain code known as the Standard Swimming Pool Code, 1985 Edition, as promulgated by the Southern Building Code Congress International, Inc., except as otherwise provided in this article. (Ord. No. 461, § 5, 6-26-89) Sec. 6-211. Definitions. As used herein, the following words, phrases, terms and their derivations shall have the mean- ings stated herein. Pool is a facility containing or intended to contain, water of a total volume greater than twenty-five hundred (2500) gallons, and/or is over twenty-four (24) inches in depth, with surface area exceeding one hundred fifty (150) square feet, used only by an individual citizen and his family or bona fide guests and shall not include ownership, operation or use by any type of club, cooperative housing or joint tenancy of two (2) or more families. Screen enclosure is an enclosure surrounding a pool; the walls and roof of the enclosure consisting entirely of screen mesh, except for minimum essential structural framework required for its support. (Code 1974, § 5A41) *Cross references —Flood damage prevention, Ch. 8; land development, Ch. 9; nuisances, Ch. 13; planning, Ch. 15; zoning, Ch. 20. BUILDINGS AND BUILDING REGULATIONS paying such interim services fee on behalf of the owner shall not subsequently be entitled to a refund thereof. (Ord. No. 527, § 2, 944-92) Sec. 6-257. Issuance of certificates of occu- pancy. No certificate of occupancy, shall be issued for any structure, or portion thereof, unless and until the interim services fee required by this chapter has been paid. (Ord. No. 527, § 21 944-92) Sec. 6-258. Interim services fee fund. (a) The interim services fees collected by the city pursuant to this chapter shall be kept sepa- rated from other revenue of the city and paid into a proprietary fund which is hereby created, to be known as the "Interim Services Fee Fund." Such fund shall be used exclusively for the purposes of providing the specified municipal services for the benefit of those structures upon which the in- terim services fee has been imposed and collected. (b) The city manager shall provide the city commission with recommendations for expendi- ture of monies from the interim services fee fund during the annual budget process. (c) Any funds on deposit in the interim ser- vices fee fund which are not immediately neces- sary for expenditure pursuant to this chapter shall be invested in interest bearing accounts. All income derived shall be deposited in the interim services fee fund. Owners shall not receive a credit for or be entitled to interest from the investment of funds. (d) Any funds on deposit in the interim ser- vices fee fund which are not expended or encum- bered six (6) years from the date the interim services fee were paid shall, upon application of the feepayer and proof of payment, be returned with interest at the rate of six (6) percent per annum from the date of payment. (Ord. No. 527, § 2, 944-92) Secs. 6-259-6-269. Reserved. Supp. No. 2 383 § 6-272 ARTICLE XII. CITATIONS; UNLICENCED CONTRACTORS; FAILURE TO OBTAIN BUILDING PERMIT Sec. 6-270. Intent and purpose. 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 contained in this article shall prohibit the city from enforcing its codes or ordinances by any other lawful means. (Ord. No. 2001-02, § 1, 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 foIt 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) 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 WINTER SPRINGS CODE 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- mum: (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) '1'ii3e procea'iue for° die 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 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 - Supp. No. 2 384 facer 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, § 11 10-8-01) 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- foil. (Ord. No. 2001-02, § 1, 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 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. Awaiver of said right shall be deemed BUILDINGS AND BUILDING REGULATIONS 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) Sec. 6-278. Administrative hearings; accrual 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 been corrected prior to appearing 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. Supp. No. 2 § 6-281 (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 couA 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) Sec. 6-279. Appeals of code enforcement board decisions. Any person aggrieved by a final administrative order of the code enforcement board pursuant to 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 amended or renumbered from time to time by the Florida Legislature. (Ord. No. 2001-02, § 1, 10-8-01) Sec. 6-280. Recording code enforcement board orders. 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) 385 [The next page is 433] 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. M. 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. 7-29-7-45. Reserved. Article III. Local Amendment to the Florida Fire Prevention Code Sec. 746. Procedure for local amendments to the Florida Fire Prevention Code. Secs. 747-749. 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. 7-61-7-75. Reserved. Article IV. Fire Hydrants Sec. 7-76. Required. Sec. 7-77. Responsibility for provision and maintenance. Sec. 748. 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 fioin the 1974 Code, §§ 6-1-6-4, 6-21-6-23, 6-30-6-39, 6-50-6-53; Ord. No. 410, § I, adopted Feb. 22, 1988; and Ord. No.I, adopted Nov. 281 1988. Ord. No. 514 enacted in lieu thereof new provisions pertaining to the same subject matter set forth herein as §§ 74-7-5, 7-26-7-28, 7-46-7-56, 746-7-81. 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, § 6401 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. 2 433 FIRE PREVENTION AND PROTECTION § 7-26 ARTICLE I. FIRE DEPARTMENT (c) The emergency medical services director shall be delegated the responsibility for the emer- Sec. 7-l. Organization, gency medical services division. The fire department of the city shall be orga- nized as prescribed in this article. (Ord. No. 514, § 1, 2-24-92) Sec. 7-2. Creation. The fire department is hereby created as a separate and autonomous municipal department. It shall be the mission of the fire department to protect the city and its citizens from fire or other such emergencies, and to educate, protect and serve the citizens of the community. (Ord. No. 514, § 12 2-24-92) Sec. 7-3. Fire chief; authority. (a) The fire chief shall be the administrative head of the fire department. (b) The fire chief shall have the authority to enforce all ordinances and regulations of the city pertaining to the fire department. (Ord. No. 514, § 1, 2-24-92) Sec. 7-4. Deputy fire chief; authority. (a) The deputy fire chief shall assume the duties of the fire chief during the absence of the fire chief. (b) The deputy fire chief shall have the same authority as the fire chief as stated in Section 7-3(b). (Ord. No. 514, § 1, 2-24-92) Sec. 7-5. Department division; delegation of responsibility. (a) The fire department shall perform four (4) major functions: (1) Combat (fire suppression) (2) Fire prevention (3) Emergency medical services (4) Training (b) The fire marshal shall be delegated the responsibility for the fire prevention division. Supp. No. 0 435 (d) The training officer shall be delegated the responsibility for the training division. (Ord. No. 514, § 1, 2-14-92) Secs. 7-6-7-25. Reserved. ARTICLE II. IN GENERAL Sec. 7-26. Regulation of open-air burning. (a) No person shall burn outdoors within the city limits, except in an incinerator, any solid waste in the form of trash, paper, grass clippings, leaves, underbrush, felled trees, or other combus- tible vegetable material without the express per- mission of the fire department regarding the location, size and duration of each burning, nor without constant supervision of each burning until the last spark of fire is extinguished. (b) Under no circumstances shall any person burn any food waste whatsoever at any time within the city limits. (c) In the event of a disaster sufficient to preclude commercial collection of solid waste or any cessation of such service, the public shall .her solid waste, excluding food waste, in the usual manor for pickup at curbside by city owned or city hired vehicles, to be burned under the supervision of the fire department at sites desig- nated by the disaster management coordinator. During such emergency situations, the public shall bury all food waste, and such food waste shall not be burned by the public nor deposited with other solid waste for collection. (d) For major land clearing operations, a burn- ing permit shall be obtained from the fire depart- ment, providing that all rules and regulations of such burning comply with both the Florida Divi- sion of Forestry and the Department of Environ- mental Regulations. The burn site shall be in- spected by the fire department prior to the issuing of any permit. A fee will be charged for such permits in accordance with the fee schedule adopted by resolution of the city commission. Said permit may remain in force for a period not to exceed WINTER SPRINGS CODE thirty (30) calendar days. Burn permits may be revoked at any time for just cause and the fee forfeited. Should fire department services be re- quired to extinguish a permitted burn due to negligence or other failure on the part of the permittee(s), a fine of one hundred dollars ($100.00) shall be levied against the responsible permit- tee(s). (Ord. No. 514, § 1, 2-24-92) Regulation of explosives. (a) No person(s) shall discharge or detonate, nor allow the discharge or detonation of any illegal fireworks, as defined by Section 791-01(8), Florida Statutes, dynamite or any other explosive at any time within the city limits without the express permission of both the fire and police departments. (b) Permitted public fireworks displays han- dled by licensed pyrotechnical businesses are ex- cluded, subject to their obtaining proper permits and inspections by the office of the fire marshal. (Ord. No. 514, § 1, 2-24-92) Sec. `! tit. k"aYse aYa,riris proiliiuitei. It shall be unlawful for any person, either intentionally or without reasonable cause to sound a false alarm of fire or hazard from an explosive or incendiary device, by rousing public alert by call- ing or shouting or other audible or visible method, telephoning, setting off a fire alarm box or elec- tronic signal, failure to repair faulty alarm equip- ment which activates without adequate need, or by any other method creating a misleading im- pression of the existence of present or impeding danger from fire, explosion or bomb. (Ord. No. 514, § 1, 2-24-92) Cross reference —Buildings and building regulations, Ch. 6. State law reference —False alarms, F.S. § 806.101. 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. In accordance with Chapter 633, Florida Stat- utes, following public hearing regarding the need *Editor's note —Ord. No. 2001-54, §§ 2, 3, adopted De- cember 10, 2001, amended former Art. III, §§ 746-7-56, in its Supp. No. 0 436 to strengthen the requirements of the minimum fire safety code the city commission may adopt by ordinance a local amendments to the Florida Fire Prevention Code, provided such amendment pro- vides a higher level of protection to the public than the level specified in the Florida Fire Pre- vention Code and that such additional require- ments will not be discriminatory as to materials, products, or construction techniques. (Ord. No. 2001-54, § 3, 1240-01) Sees. 7-47-7-49. Reserved. Sec. 7-50. Appeal. (a) Any substantially affected party may test tbP validity of tbP a local amendment by filinpr a motion for reconsideration, within thirty (30) days of the effective date of the ordinance, challenging the city's compliance with requirements of Chap- ter 633, Florida Statutes. (b) The motion for reconsideration shall be filed with the city clerk, and heard by the city commission within forty-five (45) days from the date of filing. (c) The burden of proof is upon the challenging party to demonstrate that the enactment of the local amendment was not in compliance with Chapter 633, Florida Statutes. (d) Should the city commission determine that the challenged amendment was not adopted in compliance with Chapter 633, the amendment shall be unenforceable until such compliance is met. If the city commission determines that the challenged amendment was adopted in compli- ance with Chapter 633, the challenger may ap- peal further to the Department of Insurance, however, the local amendment will continue to be enforceable during the appeal process. (Ord. No. 2001-54, § 3, 1240-01) Secs. 7-51 —7-53. Reserved. entirety to read as herein set out. Former Art. III pertained to the fire prevention code and derived from 2-24-92; Ord. No. 579, § I, 3-13-95. FIRE PREVENTION AND PROTECTION Sec. 7-54. Impact fee credits. The following occupancies shall receive a fire impact fee credit for the installation of a fire suppression system installed in accordance with N.F.P.A. 13, 13R, 13D and S.F.M. 4A45, and as provided in section 7-60 below: (1) New occupancy construction which is reg- ulated by the state uniform fire preven- tion code shall receive a five -cent ($0.05) per square foot credit on the fire public safety facilities impact fee. (2) New single-family detached dwelling units shall receive a full credit for the fire public safety facilities impact fee. (Ord. No. 2001-54, § 3, 12-10-01) Secs. 7-55 —7-59. Reserved. Sec. 7-60. Automatic fire sprinkler systems. (a) Automatic fire sprinkler systems shall be required as follows: (1) Throughout all buildings used for commer- cial purposes, including but not limited to offices, mercantile stores, restaurants, manufacturing, industrial or storage, if the total square footage is three thousand five hundred (3,500) square feet or more regardless of type of construction. (2) Throughout all hotels, motels, condomin- iums, apartment buildings, or dormito- ries, regardless of size or type of construc- tion. (3) Throughout all hospitals, nursing homes, adult congregate living facilities or other medical facilities, regardless of size or type of construction. (4) Throughout all Group "H" hazardous oc- cupancies, regardless of size or type of construction, except where the applica- tion of water might constitute a life safety hazard or increase the severity of the fire. (5) Throughout all educational facilities re- gardless of size or type of construction. (b) Automatic fire sprinkler systems shall be installed to the specifications of NFPA 13, Stan- dard for the installation of sprinkler systems, Supp. No. 2 437 most recent edition adopted by the State of Flor- ida, NFPA 13D, Standard for the installation of sprinkler systems in one -and two-family dwell- ings and manufactured homes, most recent edi- tion adopted by the State of Florida, and NFPA 13 1, Standard for the installation of sprinkler systems in residential occupancies up to and including four (4) stories in height, most recent edition adopted by the State of Florida. (c) All buildings equipped with automatic sprin- kler systems as required by subsection (b) above, shall be required to have such systems monitored by a central station monitoring company installed to the specifications of NFPA 72, National Fire Alarm Code, most recent edition adopted by the State of Florida. (d) All automatic fire sprinkler systems as required by subsection (b) above, shall be re- quired to have such systems inspected, tested and maintained to the specifications of NFPA 25, Standard for the inspection, maintenance and testing of water based fire protection systems, most recent edition adopted by the State of Flor- ida. A copy of each inspection report shall be furnished to the fire marshal's office. (e) All automatic fire sprinkler systems shall be installed by a licensed fire protection system contractor, pursuant to Florida Statute 633.521, and Florida State Fire Marshal Rule 4A-46. (f) If an automatic fire sprinkler system is required to be shut off for any reason, the fire department shall be notified when it is shut off anI when it is returned to service. (Ord. No. 2001-54, § 32 12-10-01) Secs. 7-61-7-75. Reserved, ARTICLE IV. FIRE HYDRANTS* Sec. 7-76. Required. Fire hydrants shall be installed to serve all developments as prescribed in this article. (Ord. No. 514, § 1, 2-24-92) *Cross references —Buildings and building regulations, Ch. 6, plumbing, 6426 et seq.; flood damage prevention, Ch. 8; land development, Ch. 9; motor vehicles and traffic, Ch. 12; planning, Ch. 15; streets, sidewalks and other public places, Ch. 17; utilities, Ch. 19; and zoning, Ch. 20. WINTER SPRINGS CODE Sec. 7-7 i. Responsibility for provision and maintenance. (a) All land development shall include provi- sion for fire hydrants at the time of development as set forth in section M61. Fire hydrants shall be furnished and installed entirely at the expense of the developers. (b) The utility servicing fire hydrants with water shall be responsible to maintain and re- place as necessary all service mains and connec- tions to the bases of the hydrants. (c) The city shall assume ownership and main- tenance of only the fire hydrant itself, at the time and in the manner specified below: (1) Hydrants on public streets will be ac- cepted by the city simultaneously with acceptance of the public improvements in the right-of-way involved, after inspection and approval of the fire chief. (2) Hydrants on private streets will be ac- cepted by the city after final inspection and approval of the improvements to be Supp. No. 2 438 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. Secs. 9-280-9-295, 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. Sec. 9-347. Duties. Sec. 9-348. Appeals. Sec. 9-349. Penalty for violation. Secs. 9-350-9-369. Reserved, Supp. No. 2 557 WINTER SPRINGS CODE Article VII. Uniform Building Numbering System Sec. 9-370. Definitions. Sec, 9-371. Purpose. Sec. 9-372. Establishment of system. Sec. 9-373. Administration and assignment of numbers. Sec. 9-374. Posting of numbers. Sec. 9-375. Reserved. Sec. 9-376. Code enforcement board authority. Secs. 9-377-9-380. Reserved. Article VIII. Impact Fees Division 1. Generally Secs. 9-381-9-385. Reserved. Division 2. Transportation Facilities Sec. 9-386. Transportation impact fees. UCI:. JtJU.l. IJIIULL LL L1C' dUL11U11Ly dllLL dVF/llt;d U111Ly. 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. Scc. 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. Sec. 9-391.9. Refunds. Sec. 9-391.10. Vested rights. Sec. 9-391.11. Penalty for violation. Sec. 9-391.12. Appeal. Secs. 9-392-9-395. Reserved. Supp. No. 2 558 LAND DEVELOPMENT sion 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 IX. Vested Rights Sec. 9-401. Intent. Sec. 9402. Vested rights application process. Sec. 9403. Standards for determining vested rights. Sec. 9404. Limitations on determination of vested rights. Secs.9404-9499. Reserved. Article X. concurrency Administration and Evaluation Procedure Division 1. Overview and Exemptions Sec. 9-500. Purpose of concurrency evaluation. Sec. 9-501. Definitions. Sec. 9-502. Application submittal. Sec. 9-503. Reserved. Sec. 9-504 Change of use. Sec. 9-505. Demolitions. Secs. 9-506-9-509. Reserved. Division 2. Level of Service Standards (LOS) Sec. 9-510. Introduction. Sec. 9-511. Potable water LOS (Reserved). Sec. 9-512. Solid waste LOS (Reserved). Sec. 9-513. Wastewater LOS (Reserved). Sec. 9-514. Parks and recreation LOS. Sec. 9-515. Storm water LOS (Reserved). Sec. 9-516. Transportation LOS (Reserved). Secs. 9-517-9-529. Reserved. Division 3. concurrency Administration Sec. 9-530. Development review comrrrittee. Sec. 9-531. concurrency review. Sec. 9-532. Conditional approvals. Sec. 9-533. Concurrency certificate. Secs. 5-534-5-539. Reserved. Division 4. Appeal Procedures Sec. 9-540. Notice of appeal. Supp. No. 2 559 WINTER SPRINGS CODE Sec. 9-541. Appeal notice and hearing. Sec. 9-542. Appeal of city commission. Supp. No. 2 560 LAND DEVELOPMENT See typical street sections, section 9-296 for addi- tional requirements. (b) In determining the width of am zee with curbs, the width shall be measured from the outside to the outside of the curbs, including ribbon curbs and Miami.Aype valley gutters. (c) Traffic studies may be required if requested by the city to establish proper design. (1) A developer shall prepare, or have pre- pared, and provide the city with a traffic impact analysis when determined to be necessary by the city staff, provided: a. The development is nonresidential or multifamily and accessing on a roadway that is functionally classi- fied as a collector or above. b. There are twenty (20) single-family residential units or more, or the de- velopment is ten (10) acres or larger in size and has access on a collector or greater road. c. A special traffic hazard is deemed to exist by the city planner. d. This requirement may be waived by the city planner, by means of posi- tive recommendation, when the an- ticipated requirements are provided for in the preliminary plan of the development. (2) The traffic impact analysis shall be sub- mitted with the final development plan. (3) The analysis of traffic impact will provide: a. Total projected average daily trips for the site in question. b. Design capacity of the accessed road(s). c. Average projected peak -hour trip pro- jections for the site in question. d. Analysis of projected on -and off -site traffic patterns, i.e., turning move- ments. e. Projected percentage of truck traffic. £ Recommended improvements made necessary by the development. Supp. No. 2 573 § 9-150 g. Other related information as re- quired by the city planner. (4) The traffic impact analysis shall be pre- pared by a qualified traffic engineer. (Code 1974, § 14-84; Ord. No. 636, § I, 12-9-96) Sec. 9-148. Street grades, generally. (a) Street grades, wherever feasible, shall not exceed the following, with due allowance for rea- sonable vertical curves: Street classifi- Percent cation Street types grade Arterial Regional thoroughfares 6 Local thoroughfares 7 Collector Collector streets 8 Minor Minor streets 10 Marginal access streets 10 (b) No street grade shall be less than twenty- four hundredths of one (1) percent on streets with curbs and gutters. On swale roadway sections, flatter grades may be utilized with the swale grade centerline, based upon results of hydraulic analysis, but not less than one -tenth of one (1) percent. (c) The above requirements are for residential developments. Commercial or industrial subdivi- sions may require individual consideration as to the extent of grade which will be permitted. (Code 1974, § 14-85) Sec. 9449. Streets to be paved. At least one (1) street leading to a development and all streets within a development shall be paved. Unpaved private streets in a development with lots of five (5) acres or more may be recom- mended for approval by the city engineer after the applicant submits engineering data relating to soils, intended stabilization, base materials, and other pertinent data to the city engineer for his review and recommendation to city commission. (Code 1974, § 14-87) Sec. 9450. Paving of access streets. (a) Where existing off -site access streets which connect to a new development are not adequately paved and drained to handle the anticipated § 9-150 WINTER SPRINGS CODE traffic, provisions for improving such access streets shall be included with the preliminary and final development engineering plans submitted to the city for consideration and approval. Access streets shall be paved prior to the issuance of a building permit in aforesaid development. All costs shall be borne by the developers. (b) When a new development places a burden on the design capacity of a presently paved street immediately adjacent to the development, the developer shall, if deemed necessary by the city and at his expense, upgrade the improvements of the street in question beyond that which the city would normally perform. (Code 1974, § 14-88) Sec. 9-151. Paving costs. No part of the cost of paving new streets in any undeveloped subdivision shall be paid by the city. All paving installed in such subdivisions shall be at the entire cost of the owner or developer and shall be pursuaut W the provisions of this chapter. (Code 1974, § 14-89) Sec. 9-152. Culs-de-sac; dead ends. (a) Cul-de-sac rights -of --way shall be provided with a terminal radius of at least fifty (50) feet, and the paving shall be eighty (80) feet in diam- eter. A street ending in a cul-de-sac shall have a maximum length of eight hundred (800) feet, including the cul-de-sac. (b) Dead-end streets permanently designed as such shall be provided with a cul-de-sac. (Code 1974, § 14-90) See. 9-153. General layout; connections with existing streets. The proposed street layout shall be coordinated with the street system of the surrounding area. The arrangement and location of all streets shall be considered in relation to topographical condi- tions, to public convenience and safety and in appropriate relation to all proposed uses of the land to be served by such streets. Streets in a planned unit development intended and designed to receive and collect the flow of traffic from minor interior streets within the planned unit develop- Supp. No. 2 574 ment, and flow such traffic out of the develop- ment, shall not be interconnected so as to allow direct transport of traffic from any outside source to an arterial street, thereby utilizing the internal collector street as an arterial street. (Code 1974, § 14-91) Sec. 9-154. Half streets. Half streets shall not be platted except to complete an existing half street. (Code 1974, § 14-92) Sec. 9-155. Intersections. (a) Streets shall be laid out to intersect as nearly as possible at right angles. No street right-of-way shah intersect another at an angle less than seventy (70) degrees unless special provision is made in the design of the intersec- tion. Wherever possible, intersections of paving ohll ho .t nar,oty (°�0) duo^. and tho right of way increased accordingly. (b) Multiple intersections involving the junc- ture of more than two (2) streets shall be prohib- ited. Intersections with major streets should be located not less than eight hundred (800) feet apart, centerline measurement. Street jogs at intersections with centerline offsets of less than one hundred fifty (150) feet are prohibited. (c) See subsection 9-297(b), concrete valley gut- ter at standard intersection, for additional require- ments. Intersection engineering shall include sign- ing and/or signalization. (Code 1974, § 14-93) Sec. 9-156. Street names. New street name assignments shall be subject to the review, verification and approval of the Seminole County Planning and Development De- partment. Proposed street names shall be submit- ted as part of the site plan review for the City of Winter Springs, and the site plan review commit- tee shall forward the proposed street names to the Seminole County Planning and Development De- partment. Building/lot number assignments shall LAND DEVELOPMENT also be designated by the Seminole County Plan- ning and Development Department. See subsec- tion 9-298, method for naming streets. (Code 1974, § 14-94; Ord. No. 2001-43, § 1, 7-23- 01) Supp. No. 2 574.1 MWAD�C�77�ii�►j ICY submit to the site plan review board a site plan. Such site plan shall be reviewed for compliance with all city ordinances, for conformity with the city's comprehensive plan, for compatibility with locally recognized values of community appear- ance and design, for conformity with the guide- lines established by the city council concerning vehicular traffic access, ingress, egress, internal circulation, parking; concerning emergency vehi- cle access and concerning pedestrian movement; for assurances of satisfactory utility service for the health and welfare of the community; to assure compatibility with other improvements and the need for adequate light, air, access and privacy; to assure that the natural qualities and characteristics of the land will be preserved and that the project site will be appropriately land- scaped and provisions established for the mainte- nance of same; to assure that adequate setbacks will be provided within the planned project and that provisions are made for the supervision and maintenance thereof; and to assure that the aes- thetic and architectural details of the planned project are compatible with the surrounding area and serve to enhance the character of that area. The site plan shall be reviewed by the board and approved, disapproved or properly referred by such board in accordance with the results of its review. (Ord. No. 215, § 2, 5-13-80) Sec. 9448. Appeals. Any person aggrieved by a decision of the site plan review board may appeal such decision to the city commission within thirty (30) days after notice of such decision. Upon appeal, the city commission shall review the decision of the board within fourteen (14) days and approve, modify or disapprove such decision. The decision of the city commission on appeal shall be final, provided any person aggrieved thereby may seek judicial relief as provided by law. (Ord. No. 215, § 2, 543-80) Sec. 9,349. Penalty for violation. (a) It is unlawful for any person to violate any of the terms and/or provisions specified within sections 94341 through 9-349 or failing to comply with any order issued pursuant to any section hereof. (b) The developer, owner or tenant of any build- ing or structure, parcel, premises or any part thereof, and any architect, building contractor, corporate officer, agent or other person who com- mits, participates in, assists in or maintains that which is a violation of this ordinance shall be classified as principal in the first degree and shall be found guilty of a violation of the terms of this division and suffer the penalties herein specifi- cally provided. (c) Nothing herein contained shall prevent the city from instituting and taking such other legal action at law or in equity as is from time to time necessary, in order to prevent or remedy any violation of the rules, conditions, covenants stip- ulations or terms of this division. (Ord. No. 215, § 2, 543-80) Secs. 9-350-9-369. Reserved. ARTICLE VII. UNIFORM BUILDING NUMBERING SYSTEM* Sec. 9-370. 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: Accessory building shall mean a building which is clearly incidental or subordinate to and custom- arily utilized adjacent to and in connection with a principal building located on the same lot. Building front or facade shall mean that area or facade of a building which has visible numbers from a public or private street or way because it faces the public or private street or way pursuant to which the building is numbered. When a build- ing is constructed on a corner lot, the building front or facade shall be that area of the building which faces the street on which a projected ad- dress was assigned or in the event a projected address has not been assigned, the area as desig- nated by the land development coordinator. *Cross references —Administration, Ch. 2; building and building regulations, Ch. 6; streets, sidewalks and other public places, Ch. 17; zoning, Ch. 20. Supp. No. 2 605 WINTER SPRINGS CODE Nonconformance shall mean any failure to com- ply with the provisions of this article including, but not limited to by way of example a number out of sequence, odd or even number on wrong side of street, rural box numbers, numbers improperly affixed, numbers not visible, numbers not present, —numbers-of-improper--size,-numbers not in con- trast with immediate background, weatherworn numbers, wrong numbers and nonapproved num- bers. Occupant shall mean any person, firm, entity, partnership, trust, corporation, association or other organization who is occupying or leasing a build- ing or other property for a period exceeding thirty (30) days. Owner• shall mean any and all persons, firms, nti}7+inc t�arfr�nrcl-zinc {vi�a+c nn^nn.+n{i nrin ..ocn. ciates or other organizations who own the fee title to or have an undivided interest in any building or property which is subject to the provisions of this article. Principal building shall mean any structure which is designed, built or used for the support, enclosure, shelter, or protection of persons, ani- mals, chattels or property of any kind for any residential, commercial or industrial purpose. Private way shall mean any street, road, ave- nue, drive, cul-de-sac or other thoroughfare used for vehicular traffic and any easement or right-of- way that provides sole access to more than one (1) parcel or lot which is not included in the defini- tion of public way and which is not maintained by the city. This term shall include, but is not limited to roadways or driveways in mobile home parks, apartments, condominiums, commercial or indus- trial complexes, which have been named and signed in accordance with this land development code. Projected street name and numbering scheme shall mean all approved site plans and plats, including amendments thereto, which contain pro- jected street names and addresses although no construction or development has occurred on the projected street. Public way shall mean any area of a public road or right -of --way, either paved or unpaved, which is intended for vehicular traffic and that Supp. No. 2 606 has been dedicated to the city for the purpose of vehicular traffic and for use as a thoroughfare for vehicular traffic whether or not by the city exclud- ing service entrances or driveways. Uniform building numbering system shall mean a system by which existing buildings and pro- jected lots and parcels for future buildings are assigned addresses in a coordinated and uniform method based on the policy and procedures set up by the Seminole County Planning and Develop- ment Department. (Ord. No. 420, § I(14-15.2), 6-1M& Ord. No. 2001432 § 1, 7-23-01) Cross reference —Definitions and rules of construction generally, § 1-2. Sec. 9-371. Purpose. This article is adopted for the purpose of pro- viding a uniform building numbering system for the assignment of address numbers to buildings and structures located on or with access from of cially iiamed public and private streets and ways in the city in the interest of the public health, safety, and general welfare of the citizens and inhabitants of the city. (Ord. No. 420, § I(1445,1)) 643-88) Sec. 9-372. Establishment of system. For any development within the municipal boundaries of the City of Winter Springs, the assignment of street names and building/lot num- bering, in order to ensure uniformity county wide, shall be reviewed, verified, and approved by the Seminole County Planning and Development De- partment. (Ord. No. 420, § I(1446.1)) 6-13-88; Ord, No. 200143, § 11 7-23-01) Sec. 9-373. Administration and assignment of numbers. (a) The city shall be responsible for enforcing compliance with this chapter, including the post- ing of building/lot numbers as required by section 9-3742 City Code. (b) If an existing building fails to conform with the uniform numbering system, the land develop- ment coordinator's office shall give notice to those owners or occupants whose building number is in LAND DEVELOPMENT nonconformity with the uniform building number- ing system. The notice shall be delivered to the owner or occupant by certified mail, return re- ceipt requested or by posting it in a conspicuous place on the property or by hand delivery. Such notice may include a notification of a change of address which shall contain the new building number assigned to the building in accordance with the provisions of this article and shall direct the owner or the occupant to post the newly assigned building number on the building or property in accordance with section 9-374. The owners or occupants shall have thirty (30) days from receipt of the notice sent by certified mail or from the date of hand delivery if delivered by hand or from the date of posting if such notice is posted on the property to come into compliance with this article. (c) Assignment of a number, as set forth in this chapter, to a lot or parcel on which a projected future building may be constructed shall be a condition precedent to the issuance of a building permit for any such building. (Ord. No. 420, § I(1447.1-14-17.4), 6-13-88; Ord. No. 200143, § 1, 7-23-01) Sec. 9-374. Posting of numbers. Each building in the corporate limits of the city shall have its assigned building number properly displayed in accordance with the conformity to the requirements of this article, whether or not mail is delivered to such building or property. It shall be the duty of the owners and occupants of each building to post the assigned building num- ber on the property in conformity with this article as follows: (1) The building address number shall be affixed to the building front or facade as defined in section 9-370 or to a separate structure such as both sides of a mailbox, post, wall, fence or other visible and com- monly used area in such a manner so as to be clearly visible and legible and without obstruction from the public or private way on which the building fronts. (2) Any numbers which are not clearly visible and legible from the public or private way shall not be used. Supp. No. 2 607 § 9-386 (3) The numerals shall be of a contrasting color with the immediate background of the building or structure on which such numerals are affixed and shall be not less than three (3) inches in height and one- half inch in width. (4) Numerals shall be made of a durable weather -resistant material permanently axed to the front of the building or structure. (Ord. No. 420, § I(144T5), 6-13-88) Sec. 9475. Reserved. Editor's note —Ord. No. 2001-43, § i, adopted July 23, 2001, repealed former section 9-375 in its entirety which pertained to the numbering of addresses for properties an- nexed to the city and derived from Ord. No. 420, § I, adopted June 13, 1988. Sec. 9-376. Code enforcement board author- ity. As an additional means of ensuring compliance with the provisions of this article, the code en- forcement board shall have jurisdiction and au- thority to hear and decide alleged violations oc- curring in the corporate limits of the city. Proceedings before the code enforcement board shall be governed by its rules and procedures. (Ord. No. 420, § I(14-20.2), 6-13-88) Cross reference —Code enforcement board power, § 2-61. Secs. 9-377-9-380. Reserved. ARTICLE VIII. IMPACT FEES DIVISION 1. GENERALLY Secs. 9-381-9-386. Reserved. DIVISION 2. TRANSPORTATION FACILITIES* Sec. 9-386. Transportation impact fees. [Transportation impact fee provisions are set out in this division as sections 9-386.1 through 9-386.21.] *Editor's note —Ord. No. 480, § 1, adopted Mar. 12, 1990, enacted provisions pertaining to transportation impact fees, designated as Art. VIII, §§ 9-386-9-38621, which have been further designated by the editor as Div. 2. Subsequently, Ord. No. 512, § 1, adopted Dec. 9, 1991, provided for the deletion of such provisions and enacted a new Div. 2, pertaining to the § 9-386.1 WINTER SPRINGS CODE Sec. 9-356.1. Short title, authority and appli- cability. (a) This division shall be known and may be cited as the "City of Winter Springs Road Impact Fee Chapter" [division], (b) The planning for new. and expanded roads needed to serve new growth and development that generate additional traffic and the implemen- tation of these plans through the comprehensive planning process are the responsibility of the city under Part II of Chapter 163, Florida Statutes, Section 163.3161 et seq., Florida Statutes as amended by Chapter 85-55, Laws of Florida, Chapter 166, Florida Statutes, various special acts relating to the power of the City of Winter Springs undertaking zoning, planning and devel- opment activities, and is in the best interest of the health, safety, and welfare of the citizens of the city. (Ord. No. 512, § 1, 12-9-91) (a) This division is intended to be consistent with the principles for allocating a fair share of the cost of new public facilities to new users as established by the Florida Supreme Court. (b) The implementation of a regulatory pro- gram that requires new development to pay a "road impact fee" that does not exceed a pro rata share of the reasonably anticipated expansion costs of new municipal collector roads needed to serve new growth and development is the respon- sibility of the city in order to carry out the traffic circulation element of its comprehensive plan, as required under Section 163.3161 et seq., Florida Statutes, and is in the best interest of the health, safety and welfare of the citizens of the City of Winter Springs. same subject matter, herein set out. Words in brackets [ ]have been added by the editor for clarity, and Exhibits A and B to such ordinance are included following this division. Cross references —Buildings and building regulations, Ch. 6; motor vehicles and traffic, Ch. 12; planning generally, Ch. 15; streets, excavations, etc., Ch. 17; zoning, Ch, 20. Supp. No. 2 608 LAND DEVELOPMENT above requirements shall be made by the city manager and a written statement of verification shall be in- cluded in his order if it approves a presumptive vested rights special use permit in reliance thereon. (c) Common law vested rights. (1) Applicants who do not qualify for a pre- sumptive vested rights special use permit shall be entitled to a common law vested rights special use permit if they can prove the following: a. Prior to the plan adoption date, there was a valid, unexpired act or omis- sion of a government agency upon which the applicant relied; and b. The applicant's reliance was reason- able and in good faith; and c. The applicant, in reliance upon the valid, unexpired act of government, has made a substantial change in position or has incurred extensive obligations or expenses; and d. It would be inequitable, unjust or fundamentally unfair to destroy the rights acquired by the applicant by means of the government's act or omission. (2) The purchase of property in reliance on then existing zoning, without more, shall not vest the purchaser's right to develop in accordance with said zoning. (3) The following are not considered develop- ment expenditures or obligations in and of themselves, without more, unless the applicant was unable to obtain further approvals because of extraordinary de- lays beyond the applicant's control: a. Expenditures for legal and other pro- fessional services that are not re- lated to the design or construction of improvements; b. Taxes paid; c. Expenditures for initial acquisition of the land. (Ord. No. 534, § III, 11-23-92) Supp. No. 2 637 § 9-404 Sec. 9-404. Limitations on determination of vested rights. (a) Except where a longer term is stated in the vested rights special use permit, upon the expira- tion of five (5) years after the issuance of a vested rights special use permit, the issuance of devel- opment permits for the property subject to the vested rights special use permit shall be subject to the requirements of the comprehensive plan and implementing land development regulations. A term longer than five (5) years may be approved based on a reasonable schedule for completing the development being vested. The city may impose reasonable conditions on vested rights special use permits, or extensions of same, to ensure that the vested development is continuing in good faith. (b) The applicant or his successor may request an extension of the five-year period, which must be filed not less than ninety (90) days prior to the expiration of said time period. Such a request shall be scheduled for hearing by the city commis- sion within thirty (30) days after it is filed. The city may grant extensions for such additional periods as it deems appropriate to avoid undue hardship to the applicant, provided the applicant has commenced physical development of the prop- erty and is continuing in good faith with develop- ment of the vested plan, or has been precluded from doing so by extraordinary circumstances beyond his control. For purposes of this article, the phrase "continuing in good faith" shall mean: (1) Receipt by the applicant or his successor of permits or approvals from the city or other governmental entity or agency con- sistent with the timely and orderly pro- gression toward completion of the vested development; or (2) Other evidence of continued reliance and expenditures by the applicant in pursuit of the completion of the vested develop- ment. (c) All development subject to a vested rights special use permit must be consistent with the terms of the development approval(s) upon which the special use permit was based. Any substantial deviation from a prior approval, except a devia- tion required by governmental action, shall cause the development involved to be subject to the § 9-404 WINTER SPRINGS CODE comprehensive plan and implementing land de- velopment regulations. The city manager shall determine whether a proposed change is a sub- stantial deviation, which is defined for purposes of this article as follows: (1) Any change to add a new land use or to change the vested mix of land uses that alters the basic character of the vested development; or (2) Any change in density or intensity of use that would increase the development's impacts on those public facilities subject to concurrency by more than five (5) per- cent; or (3) Any change in access to the project that wpnlri inerpagP the APxrPlnnmPnt'.q trnnq- portation impacts by more than five (5) percent on any road subject to concur- rency unless the access change would result in an overall improvement to the transportation network. A permittee may appeal a substantial devia- tion determination to the city commission pro- vided such appeal is filed within ten (10) days after the date the written determination is mailed to the permittee. (d) A change that is not a substantial deviation shall not divert vested rights. (e) A vested rights special use permit shall apply to the land and is therefore transferable from owner to owner of the land subject to the permit. (f) Development that is granted a vested rights special use permit shall remain subject to the requirements of the comprehensive plan and im- plementing land development regulations except to the extent that the application of such require- ments would result in the denial of. (1) The vested land uses; (2) The vested density or intensity of devel- opment; (3) The vested phasing of development; or Supp. No. 2 638 (4) Other specifically vested development en- titlements approved in the development order or orders on which the vested rights special use permit was based. (g) Notwithstanding anything in this article to the contrary, a vested rights special use permit may be revoked by the city commission upon a showing by the city that failure to revoke the permit will result in a peril to the health, safety or general welfare of the residents of the city un- known at the time of the permit's approval. The time periods provided for in this article may be waived or amended by the city commission upon a showing of good cause. (Ord. No. 534, § IV, 11-23-92) Secs. 9-404-9-499. Reserved. ARTICLE X. CONCUR,RENCY ADMINISTRATION AND EVALUATION PROCEDURE DIVISION 1. OVERVIEW AND EXEMPTIONS Sec. 9-500. Purpose of concurrency evalua- tion. The purpose of this article is to implement the concurrency provisions of the city's growth man- agement policies consistent with the provisions of Chapter 163, Part II, Florida Statutes, and appli- cable administrative rules. It is also the purpose of this article to establish an ongoing concurrency evaluation system which ensures that public fa- cilities and services needed to support develop- ment are available concurrent with the impacts of such development and that development orders and permits are issued in a manner that will not result in a reduction in the levels of service below the adopted level of service standards adopted by the city for public facilities and services. The concurrency evaluation system shall measure the potential impact of any proposal for a develop- ment permit or order upon the established mini- mum acceptable levels of service for sanitary sewer, solid waste, drainage, potable water, parks and recreation, and transportation facilities, un- less the development permit or order is exempt from the concurrency review requirements of this LAND DEVELOPMENT article. No development permit or order which contains a specific plan of development, including densities and intensities of development, shall be issued unless adequate public facilities are avail- able to serve the proposed development as deter- mined by the concurrency evaluation set forth in this article. (Ord. No. 2001-39, § 1, 940-01) Sec. 9-501. Definitions. The following words and phrases used in this article shall have the meanings ascribed below unless the context clearly indicates otherwise. City's growth management policies. The growth management policies of the City of Winter Springs that are set forth in the city's comprehensive plan and land development regulations which regulate land development and established levels of ser- vice of public facilities and services, cluding san- itary sewer, solid waste, drainage, potable water, parks and recreation, and transportation facili- ties. Concurrency certificate. A certificate issued for a specific development or property that indicates available capacity for each public facility re- viewed based upon adopted levels of service stan- dards established in this article at the time the certificate is issued and does not guarantee capac- ity in the future, nor does the certificate encum- ber capacity for a specific period of time. Concurrency evaluation. Evaluation by the de- velopment review committee based on adopted levels of service standards to ensure that public facilities and services are available concurrent with the impacts of such development as defined in this article. Development order. Any order granting, deny- ing or granting with conditions an application for a development permit. Development permit. Includes any building per- mit, zoning permit, subdivision approval, rezon- ing certification, special exception, variance, or any other official action of the city having the effect of permitting the development of land. Development review committee. Shall be a com- mittee established by the city manager to review § 9-502 and approve applications for the development of land. At a minimum, the committee shall consist of the directors of utilities/public works, commu- nity development, and parks and recreation or their designee. The city manager or city commis- sion may also appoint residents of Winter Springs to serve on the committee. Level of service standard. The measurement indicating the degree of service provided by, or proposed for a facility based on operational char- acteristics of the facility. Public facilities and services. Those public fa - ties and services for which level of service standards have been established in the City of Winter Springs Growth Management Policies, and are recognized in this article, and which include (1) roads, (2) wastewater, (3) storm water, (4) solid waste, (5) potable water, (6) parks and recreation. (Ord. No. 2001-39, § 11 9-10-01) Sec. 9-502. Application submittal. (a) The development review committee shall be responsible for carrying out the requirements of this article and shall make determinations regarding concurrency applications and issue cer- cates according to the procedures established by this article. An application for a concurrency certificate shall be filed with all applications for a final development order or permit, unless other- wise exempted by this article. A preliminary re- view application may also be submitted for an informational and non -binding concurrency re- view by the development review committee. All applications shall be made on a form prescribed by the city, which should require, at a minimum and as applicable: (1) Date of submittal. address, and telephone number of applicant and property owner. (3) Parcel I.D. number, street address, and legal description. (4) Proposed land use(s) by land category, square feet and number of units. (5) Phasing information by proposed uses, square feet and number of units. Supp. No. 0 639 WINTER SPRINGS CODE (6) Existing use of property, acreage of prop- erty, name of DRI, PUD, subdivisions. (7) Site design information. (8) Previously issued concurrency certifi- cates. (9) Possible limitations in the manner in which the proposed use will be conducted, includ- ing restrictions on use, resident popula- tion, density and intensity of use. (10) Possible limitations on the height, size, location, density or intensity of a building or other structure. (11) Possible phasing schedule. (12) Possible alternative with respect to size, number, location or nature of vehicle ac- cess points. (13) Possible increase in the amount of street dedication, roadway width, or construc- tion ofroa(lwaviml)rovempntsw thin street right of way. (14) Plans for the protection of existing trees, vegetation, water resources, wildlife hab- itat and other significant natural re- sources. (15) Any information regarding possible solu- tions or alternatives which would permit the proposed development in conformity with the requirements and intent of this article and the city's growth management policies. (16) Data and analysis relevant to the concur- rency facilities and services evaluated un- der this article, whereupon the develop- ment review committee can conduct and make an informed concurrency determi- nation. (b) An application which is not technically complete shall be returned to the applicant with a correspondence detailing the deficiencies in the application. Failure to submit the required infor- mation in accordance with this section shall re- sult in the denial of the concurrency application. Applications deemed complete by the city shall be handled on a first -come first -served basis. Once an application is accepted by the city as complete, Supp. No. 2 640 any changes in uses, densities and intensities for the subject property that result in an increased capacity requirement for any concurrency facility shall be subject to a new concurrency review. An application fee may be established by the city commission by resolution. All completed applica- tions shall be reviewed in accordance with the procedures contained in this article. (Ord. No. 2001-39, § 1, 9-10-01) Sec. 9-503. Reserved. Sec. 9-504 Change of use. (a) Any change, redevelopment or modification of use shall require a concurrency evaluation under this article, provided the proposed change, rpdPxralnnmant or mnriif ration of i1on lino mnro than a de minimis impact on public facilities and services than the previous use that was actively maintained on the site during the six (6) month period prior to the date of application for concur- rency evaluation. Concurrency credit shall be given for the previous use that was actively main- tained on the site during the six (6) month period prior to the date of application for concurrency evaluation. If the proposed change, redevelop- ment or modification of use has a lesser impact on public facilities and services than the previous use during the six (6) month period prior to the date of application for concurrency evaluation, then no concurrency evaluation shall be required. If no use existed on the site for the six (6) month period prior to the date of application, no concur- rency credit shall be issued and the proposed use shall be subject to concurrency evaluation. (b) The impact of such change, redevelopment or modification shall be measured in terms of level of service criteria including, but not limited to, vehicular trips per day, estimated increases in water and sewer flows, increases in resident pop- ulation, increases in on -site impervious surfaces, and estimated solid waste generation. (c) The burden is on the applicant to provide reasonably sufficient evidence that the previous use has been actively maintained on the site during the six (6) month period prior to the date of application for the concurrency evaluation. Such evidence may include utility records, records re- LAND DEVELOPMENT fleeting the use sought to be proven, and other relevant documents. An occupational license is not of itself sufficient proof of a particular use, but may be used to support other evidence of a use maintained on a site. (Ord. No. 2001-39, § 1, 940-01) See. 9-505. Demolitions. In the case of a demolition of an existing use or structure, the concurrency evaluation for the re- development shall be based upon the net increase of the impact for the new or proposed land use as compared to the most recent land use existing prior to demolition, provided that such credit is utilized within six (6) months of the date of the issuance of the demolition permit. Such credits are non-transferrable. (Ord. No. 2001-39, § 1, 940-01) Sees. 9-506-9-509. Reserved. DIVISION 2. LEVEL OF SERVICE STANDARDS (LOS) Sec. 9-510. Introduction. The levels of service set for in this Division 2 are intended to be the minimum levels of service which are acceptable under the city's growth management policies for: (1) potable water; (2) solid waste; (3) wastewater; (4) parks and recre- ation; (5) storm water; and (6) transportation. The city shall monitor compliance with the minimum levels of service set forth in this division by ensuring that public facilities and services needed to support development are available concurrent with the impacts of development, as required by law. (Ord. No. 2001-54, § 3, 1240-01) Sec. 9-511. Potable water LOS (Reserved). Sec. 9-512. Solid waste LOS (Reserved). Sec. 9-513. Wastewater LOS (Reserved). Sec. 9-514. Parks and recreation LOS. A parks and recreation concurrency evaluation shall be required for any residential development Supp. No. 9 641 on a citywide and per development basis. Citywide minimum levels of service for parklands shall be determine on a two level basis for community parks and neighborhood parks. In addition to the citywide minimum levels of service, new residen- tial development shall supplement the system of neighborhood parks and recreation services by providing parklands (or fees in lieu of) consistent with the level of service criteria and requirements established for parks and recreation under the city's comprehensive plan and this section. (1) The parks and recreation level of service standards for community parks shall be monitored by the city through concur- rency evaluations to ensure that the min- imum level of service standard for citywide community parks remains at or above one and six -tenths (1.6) acres per one thou- sand (1,000) population. In performing the concurrency evaluation for commu- nity parks for a proposed residential de- velopment, the development review com- mittee shall determine the number of acres of community parkland which would be necessary to serve the number of citywide dwelling units existing or ap- proved prior to the development plus the number of proposed new dwelling units. If the development satisfies the level of ser- vice standards for community parkland, then the development shall be deemed concurrent for community parks and a certificate shall be issued consistent with section 9-533 of this article. If a residen- tial development causes or continues to cause the level of service for community parks to be not concurrent, the developer shall pay the city a fair share community parks and recreation impact fee, as estab- lished by the city commission by resolu- tion. All such fees collected shall be allo- cated and appropriated to the city's recreation budget to be expended to en- hance the city's community parks system with priority given to expend such funds to acquire parkland. (2) The parks and recreation level of service standards for neighborhood parks shall be based on the application of the level of WINTER SPRINGS CODE service standards established for each res- idential development by particular region of the city as follows: Northwest Region— 5.9 acres per 1,000 population South -Central Region-5.3 acres per 1,000 population Southeast Region-6.9 acres per 1,000 pop- ulation In performing the concurrency evaluation for neighborhood parks and recreation for a proposed residential development, the development review committee shall de- termine the number of acres of parkland which would be necessary to serve the number of dwelling units on -site (mini- n..0 .: ,...c r,.,A� ( M) acre) r f rr ,, ,, ,, cf parkland can be provided while meeting the level of service standards set forth in this section, then the development shall be deemed concurrent for parks and rec- reation. If such amount of parkland can not be provided while meeting the level of service standards set forth in this section, then the development shall be deemed not concurrent for parks and recreation and a certificate shall not be issued. However, if a development can not provide the re- quired on -site parkland, the development review committee shall permit the devel- oper to satisfy the parks and recreation standard by providing a combination of on -site and off -site parkland and a fair share neighborhood parks and recreation impact fee as established by the city com- mission by resolution. In such cases, the development review committee shall re- quire on -site parkland to the maximum extent feasible and practicable, off -site parkland shall be located in the same region as the proposed development, and said impact fee shall only be paid if on and A site parkland can not be provided as required herein. Any and all such fees collected shall be allocated and appropri- ated to the city's recreation budget to be expended for public recreational purposes and priority shall be given to expend such funds to acquire parkland. At such time Supp. No. 2 642 the development satisfies the level of ser- vice for parks and recreation, a certificate shall be issued consistent with section 9-533 of this article, with the condition that the necessary parkland and recre- ational services (including any impact fees) shall be in place or paid when the impacts of the development occur or shall be guar- anteed to be in place through an enforce- able development order or agreement not more than one (1) year after the issuance of a certificate of occupancy or its func- tional equivalent. (3) For purposes of determining levels of ser- vice for parks and recreation facilities within the city under this section, the term "parkland" shall mean a public or of la; 'u that .� dc:l.catcd exclusively set aside as a neighborhood or community recreational area including, but not limited to, a playground, playing field, swimming pool, tennis court, fishing hole or pier, nature trail, landscaped city square or green for the pursuit of leisure activities, stadium, conservation area suit- able for passive recreation, water sport area, or other similar type areas suitable for bona fide recreational activities. A storm water retention pond shall not be considered parkland unless the retention pond includes uplands suitable for bona fide recreational activities or incorporated by design into a bona fide recreational area (e.g., a place to install a water foun- tain and littoral plantings in a park like setting). If a storm water retention pond is used for parkland purposes, the pond shall include abutting uplands for park purposes at least equal to the size of the pond and the pond shall not be fenced and shall be designed in a safe manner to protect the public (e.g., gradual pond slopes). All parkland required by this ar- ticle shall be a minimum of one-half (.5) acre and have a minimum width and length of one hundred twenty-five (125) feet unless a lesser width or length is approved by the city commission by vari- ance. When considering a variance, the city commission shall consider whether LAND DEVELOPMENT the requested size and dimensions of the park will provide a functional recre- ational area in light of the recreational amenities proposed, the recreational de- mands of the residential community that the recreational area is intended to serve, and the compatibility of the recreational area with the surrounding neighborhood. (4) For purposes of complying with the concur- rency requirements of this section, prop- erties zoned Town Center on June 1, 2000 shall satisfy concurrency by providing the parkland required by the Town Center Zoning Code and applicable development agreements. (Ord. No. 2001-39, § 1, 9-10-01) Sec. 9-515. Storm water LOS (Reserved). Sec. 9-516. liransportation LOS (Reserved). Secs. 9-517-9-529. Reserved. DIVISION 3. CONCURRENCY ADMINISTRATION Sec. 9.530. Development review committee. The development review committee shall re- view each completed application fora concur- rency certificate or preliminary review and deter- mine, as soon as practicable, whether the application is sufficient. (Ord. No. 2001-39, § 1, 9-10-01) Sec. 9-531. concurrency review No application shall be deemed sufficient un- less it contains all information which, in the professional judgment of the development review committee, is reasonably necessary to evaluate the impacts of the proposed development on the public facilities and services subject to review under this article. During the review process, the development review committee shall either deny, approve, or approve with conditions, the applica- tion for a concurrency certificate. (Ord. No. 2001-39, § 1, 940-01) Supp. No. 2 643 Sec. 9-532. Conditional approvals. § 9-532 (a) If the development review committee deter- mines that the application can be approved with conditions, the development review committee shall recommend to the city commission a written concurrency agreement. The applicant may ac- cept the conditional approval by written concur- rency agreement approved by the city commis- sion, or the applicant may consider the application denied, in which case the applicant may appeal the denial to the city commission. When the development review committee recommends and the city commission approves any conditional concurrency agreement, the city commission, with the recommendation of the development review committee, may prescribe appropriate conditions and safeguards in conformity with the intent and provisions of this article, including any of the following: (1) Limit the manner in which the use is conducted, including restricting density and intensity of the use. (2) Limit the height, size, location, density or intensity of a building or other structure. (3) Require phasing of the project. Designate the sizenumber, locati nature of vehicle access points. (5) Increase the amount of street dedication, roadway width, or require construction of road improvements within the street right- of-way. (6) Protecting existing trees, vegetation, wa- ter resources, wildlife habitat or other significant natural resources. (7) Specify other conditions to permit devel- opment in the city in conformity with the intent and purpose of this article and the adopted city growth management poli- cies. (b) All conditional approvals shall be incorpo- rated in a written development agreement which shall be subject to city commission approval. (Ord. No. 2001-39, § 1, 9-10-01) § 9-633 WINTER SPRINGS CODE Sec. 9-533. Concurrency certificate. Sec. 94541. Appeal notice and hearing. (a) A concurrency certificate is a "snap shot" of available capacity for each public facility, evalu- ated under this article, at the time the certificate is issued. The concurrency certificate does not guarantee capacity in the future or encumber or vest capacity for any period of time. At a mini- mum, the concurrency certificate shall contain: (1) Name, address, and telephone number of the applicant and property owner. (2) Parcel I.D. number and legal description. (3) Date of issuance. (4) Proposed use(s) by land use category, square feet, and number of units. Zvi .. ..u.,uxb .xxxvx uxuuxvxx by t:x vt.vu...0 , square feet, and number of units, if appli- cable. (6) Total current available capacity within service aea(s). (7) Project impact based on LOS standards (b) A concurrency certificate shall expire one (1) year after issuance unless the applicant com- mences construction of the development under a validly issued building permit. A one (1) year extension may be granted by the development review committee provided circumstances have not adversely diminished the capacity of public facilities and services to support the development. The development shall be subject to a new concur- rency evaluation. (Ord. No. 2001-39, § 1) 9-10-01) Secs. 5-534-5-539. Reserved. DIVISION 4. APPEAL PROCEDURES Sec. 9-540. Notice of appeal. The applicant may appeal the denial of a cer- tificate of concurrency by the development review committee by filing with the city manager a written notice of appeal within fifteen (15) days after the date of the concurrency denial. (Ord. No. 2001-39, § 1, 9-10-01) Upon receipt of a written notice of appeal, the city manager shall schedule the matter for con- sideration by the city commission within thirty (30) days after the appeal is filed. The city clerk shall notify the applicant of the day of the city commission hearing at least ten (10) days in advance of the hearing. Prior to the hearing, the city manager shall provide the city commission with all information submitted to the develop- ment review regarding the subject concurrency application on appeal. The final decision on the concurrency application shall be vested in the city commission. The city commission shall have the right to deny, approve, or approve with conditions any concurrency application considered under ap- peal in conformity with the intent and purpose of thi9 articlo (Ord. No. 2001-39, § 1, 9-10-01) Sec. 9-542. Appeal of city commission. A � final de%iuiCia of the c?ty Ci3331si33ssiC3i {3ii a concurrency application shall be subject to judi- cial review as provided by law. (Ord. No. 2001-39, § 1, 9-10-01) Supp. No. 0 644 [The next page is 693] SIGNS AND ADVERTISING ARTICLE III. SIGNS* DIVISION 1. GENERALLY Sec. 16-510 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. 2 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- premisessign 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. § M51 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 ,_� e..__ ,__ J.oaLL Ilg.lu-o:-VVay. 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. Sec. 16-52. Purpose and intent. (a) The regulations and requirements herein set forth shall be the minimum requirements to promote the public health, safety and general welfare, and to protect the character of residen- tial, business and industrial areas throughout the city. (b) With respect to signs advertising business uses, it is specifically intended, among other things, to avoid excessive competition and clutter among sign displays in the demand for public attention. Therefore, the display of signs should be appro- priate to the land, building or use to which they are appurtenant and be adequate, but not exces- sive, for the intended purpose of identification or advertisement. (Code 1974, § 5-111) Supp. No. 2 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, § 5418) Sec. 16-54. Permit fees. t-� per�ui, iee 5crieuuie �udii ue es,aui�siieu uy resolution of the city commission. (Code 1974, § 5-119) �.:i`ti tt. itG�.S.D. 19JS'L.YYd�S �LYL,`Y::� YL `U%Y�ili �. �:Y YYrfltL Y. �:f1�3.flYY v- ments. The following signs may be erected without a permit, subject, however, to all remaining require- ments 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 § 1646 (5) One (1) "For Sale" or "For Rent" sign per Sec. 16.57. Prohibited signs. parcel of property when such sign has an The following signs are hereby prohibited: area per face of not more than six (6) square feet. (1) Snipe signs; (6) Identification signs at the entrance drive (2) Freestanding signs; of residences, estates, and ranches, which (3) Obscene signs; do not exceed two (2) square feet. (4) Hazardous signs; (7) Nonadvertising directional signs or sym- (5) Flashing, running or revolving signs; bols ("Entrance," "Exit," "Slow," "Cau- (6) Bus stop shelter signs; tion," "No Trespassing," etc.) located on and pertaining to a parcel of private prop- (7) Any sign placed on public right-of-way for erty, each not to exceed four (4) square more than twenty-four (24) hours which feet. does not comply with this regulation; (Code 1974, § 5420) (8) Balloon displays; (9) Spot or search lights. Sec. M56. Nonconforming signs. (10) Trailer signs. (a) Any sign which, when erected, conformed (11) Off -premises sign (outdoor advertising dis- to the existing zoning regulations and subse- play/billboard), as provided in section 16- quently is declared nonconforming due to the 770 enactment of this division or any amendment to (Code 1974, § 5415; Ord. No. 2001-09, § 1, 2.26- the zoning ordinance may remain, subject to the 01; Ord. No. 2001-50, § 2, 10-22-01) following provisions: Sec. 16-58. Variances. (1) No sign may be moved, structurally al- (a) Variances to this article, except for those tered, or repaired in a manner that would decisions made by the site plan review board or require replacement of more than fifty staff review, may be granted by the city board of (50) percent of any one (1) sign(ssupport- adjustment pursuant to sections 20-82 and 20w83 ing members, without complying with all of the City Code, provisions of this article. (b) Decisions made by the site plan review (2) Within two (2) years of the effective date board may be appealed to the city commission of this division, all nonconforming out- pursuant to section 9-348 of the City Code. door advertising signs and their support- ing members shall be removed. (c) Decisions made by the staff review may be appealed pursuant to section 20-355 of the City (3) Any nonconforming identification sign may Code. be allowed to continue, provided the busi- (Code 1974, § 5417) ness or use it advertises remains in oper- ation. When the business or use is discon- Secs. 16-59-1645. Reserved. tinued, the sign must be removed, and any replacement sign must conform to all DIVISION 2. STANDARDS* existing regulations. Sec. 16=76. Generally. (b) Signs placed on public right -of --way without All signs shall be maintained in original condi- authorization shall be subject to immediate re- moval by the department of public works of the tion. No sign shall be placed in a city -controlled city. *Cross reference —Buildings and building regulations, (Code 1974, § 5414) Ch. 6. Supp. No. 2 1047 § is -is WINTER SPRINGS CODE right-of-way with the exception of directional signs. Any sign erected on private property that exceeds six (6) square feet in area requires the payment of a fee to and a permit from the building depart- ment, and shall display an official city sticker showing the date of expiration. No sign shall obstruct the sight of any roadway or driveway intersection or approach between two (2) feet and five (5) feet from ground level. (Code 1974, § 5413(a)) Sec. 16-77. Outdoor display/billboards—Off- premises signs prohibited. (a) Off -premises signs, as used in this section, shall mean any sign, display or device which advertises or otherwise identifies an activity which is not conducted or products or services which are not available on tue premises where cue sigh 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 resiolential 911bdi-17191on sign 1AThich 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. (d) The initial limitation on outdoor off -pre- mises signs are the five (5) outdoor off -premises sign structures (hereinafter referred to as "Exist- ing Structure(s)") currently existing in the incor- porated areas of the city (the "Existing Struc- tures"). An inventory of these existing structures dated October 22, 2001, is filed in the community development department and is incorporated herein by this reference. (e) The limit stated in subsection (d) above may only be increased by the number of lawfully existing off -premise sign structures within unin- corporated areas of Seminole County which are annexed by the City of Winter Springs. Contem- Supp. No. 0 1048 poraneously with annexation the city shall con- duct a survey of all existing off -premise sign structures within the annexed portions of unin- corporated Seminole County, The inventory of existing structures, on file with the community development department, shall be amended by resolution of the city commission to include the addition of legally existing off -premise sign struc- tures. (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. (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 SIGNS AND ADVERTISING provisions of this subsection (f) and shall be removed in accordance with the terms of the development agreement. (g) At any point in time the then current limit on the number of outdoor off -premises signs lo- cated in the incorporated areas of the city shall be the initial limit specified in subsection (d) and as amended by subsection (e) above less the total number of existing structures which have been removed as specified in subsection (f) above. (h) In addition to the limitation specified above, there is hereby imposed a limitation upon the number, size and orientation of the sign faces located upon the existing structures. From and after the effective date of Ord. No. 2001-50 [Oct. 22, 20011, the number of sign faces on an existing structure may not be increased, either by adding an additional face oriented in a different direction or by changing the display mechanism to permit the display of multiple signs on a single sign face. From and after the effective date of this Ord. No. 2001-50, no sign face on an existing structure may be increased in size and the orientation of each sign face located upon an existing structure may not be changed. (i) Except for an existing structure which is non -conforming (which cannot be replaced), an existing structure damaged or destroyed by flood, fire, earthquake, war, riot, act of God or other similar casualty loss may be reconstructed in the same location with the same (or smaller or fewer, as the case may be) size and number of sign faces. An existing structure may not be relocated to another location. (j) Except as specifically authorized by permit issued by the State of Florida Department of Pransportation or as required by specific state statute, no trees or vegetation shall be removed or trimmed from the property upon which an out- door off -premises sign is located or from property adjacent thereto in order to enhance the visibility of the outdoor off -premises sign. (k) In connection with any off -premise signs which are erected or constructed in violation of the provisions of this section, each day that said sign remains erected in violation of this section shall constitute a separate violation and each Supp. No. 0 1049 § 16-80 person responsible for erecting or constructing such off -premise sign, including but not limited to the real property owner, shall pay the city a penalty of five hundred dollars ($500.00) per day until the off -premise sign is removed. (Code 1974, § 5-113(b); Ord. No. 2001-50, § 2, 10-22-01) Sec. 16-78. Same —On -premises signs. (a) Any outdoor advertising display/billboard on -premises sign attached to a building shall have a total allowable copy area, including iden- cation and advertising, of one (1) square foot for each lineal foot of store frontage. (b) Such signs not attached to a building shall be placed not less than twenty-five (25) feet from any intersection, with a maximum copy area of thirty-two (32) square feet on each side. Double - sided or ' V" signs are permissible provided they are constructed with an inner angle not to exceed thirty (30) degrees. (c) Signs not attached to a building, proposed as part of a development plan, shall be reviewed by the site plan review board, or staff review, as appropriate, during initial site plan review. (Code 1974, § 5-113(c)) Sec. 16-79. Reserved. Editor's note —Ord. No. 2001-09, § 2, adopted Feb. 26, 2001, repealed former § 16-79 in its entirety which pertained to trailer signs and derived from the Code of 1974, § 5-113(d). (Code 1974, § 5413(d)) See. 16-80. Political signs. Political signs may be erected as individual candidates qualify. Signs may remain erected until forty-eight (48) hours after the last election in which the candidate is entered. Each sign shall not exceed thirty-two (32) square feet in commer- cial/industrial zones, and sixteen (16) square feet in residential zones, except on developed residen- tial lots each sign shall not exceed six (6) square feet in area. (Code 1974, § 5413(e)) WINTER SPRINGS CODE Sec. 16-81. Construction signs. Signs denoting owner, financial institution or contractors may be erected on a lot or parcel of land under construction. Signs may remain as long as an active building permit is maintained. Collectively, the signs shall not exceed sixty-four (64) square feet per site. (Code 1974, § 5-113(f)) Sec. 16-82. Real estate signs. (a) In residential districts, on tracts of five (5) acres or less, one (1) sign, not to exceed six (6) square feet in area shall be permitted. On tracts larger than five (5) acres, each sign shall not exceed thirty-two (32) square feet, and more than one (1) may be permitted provided additional IV VU VI VLL� Ulli "VvJ VVV" by t11V L llIL"11% U%�4, A" "IL 111 ^4ri V4 U1 UllA are not less than two hundred (200) feet from the nearest residence. No sign shall be erected within a public right-of-way. (b) In residential districts in a subdivision on property which is being developed or offered for sale, one (1) combination real estate and identifi- cation sign not to exceed one hundred (100) square feet in area, may be permitted until such time as the subdivision is completed, but not to exceed two (2) years. (c) In residential districts, signs exceeding six (6) square feet in area shall be placed a minimum of one hundred (100) feet from any residence. Signs exceeding thirty-two (32) square feet in area shall be placed a minimum distance of two hundred (200) feet from any residence. (d) In commercial, agricultural and industrial districts, the copy area of real estate signs shall not exceed one hundred (100) square feet. More than one (1) sign may be erected provided it does not violate other regulations of the Code. (Code 1974, § 5-113(g)) Sec. 16-83. Garage sale signs. Garage sale signs are permitted on the sale premises. Such signs shall also be permitted on off -premise private property provided that the private property owner has consented. All garage sale signs shall only be permitted on the day of Supp. No. 2 1050 the sale and must be removed at the end of the sale. All garage sale signs shall be limited to six (6) square feet. (Code 1974, § 5413(h); Ord. No. 755, § 1, 12-6-99) Sec. 16-84. Directional signs. Directional signs are of a permanent nature and may be permitted without expiration date. If such sign is to be located within a city right-of- way, the size and location of the sign must first be approved by the city commission and must meet the sign standards established by the state de- partment of transportation. If such sign is to be located on private property in a planned unit development, the architectural review board or in the absence of such board, the developer, shall determine its size and location. (l ode ly l4, § b41 (i)) Sec. 16-86. Bench signs. A frsnrhiSP agr•ePment betwQen the city and the applicant shall be required before bench signs are permitted to be installed. Bench signs are permitted subject to the terms and conditions of such franchise agreement. (Code 1974, § 5-1130)) Sec. 16-86. Identification signs. (a) Identification signs may be located on vate property in any district, provided the use or activity is permitted or approved in such a dis- trict. (b) Such signs shall be located on private prop- erty only and not less than twenty-five (25) feet from any intersection. Each sign shall not exceed fourteen (14) feet in height nor exceed thirty-two (32) square feet in copy area. (c) Sign lights shall be focused, directed and arranged to prevent glare or direct illumination so as not to create a traffic hazard on abutting property or adjacent streets or roads. (d) Signs not attached to a building, proposed as part of a development plan, shall be reviewed by the site plan review board, or staff review, as appropriate, during initial review. (Code 1974, § 5413(k)) SIGNS AND ADVERTISING See. 16-87. Banners. Banner signs shall require a permit, which shall be valid for fourteen (14) days. (Code 1974, § 5-113(1)) Sec. 16-88. Weather. All nonpermanent signs shall be moved to a secure location upon a warning of high winds or hurricane by the National Weather Service. (Code 1974, § 5416) Supp. No. 2 1051 [The next page is 1101] Chapter 18 TAXATION* Article I. In General Secs. 18-1-18-25. Reserved. Article II. Municipal Public Service Tag Sec. 18-26. Levy. Sec. 18-27. Exemptions. Sec. 18-28. Collection by seller. Sec. 18-29. Seller's records. Sec. 18-30. Interest and penalties. Sec. 18-31. Rights -of -way permit fee election. Secs. 18-32-18-50. Reserved. Article III. Local Improvements Assessments Division 1. Generally Sec. 18-51. Definitions. co 18-62. Interpretation; title and citation. Sec. 18-53. General findings. Division 2. Assessed Areas and Advisory Committees Sec. 18-54. Definition of assessed areas. Sec. 18-55. Creation of advisory committees. Sec. 18-56. Landowner petition process. Division 3. Local Improvement Assessments Sec. 18-57. Authority. Sec. 18-58. Initial local improvement assessment resolution. Sec. 18-59. Local improvement assessment roll. Sec. 18-60. Notice by publication. Sec. 18-61. Notice by mail. Sec. 18-62. Adoption of final local improvement assessment resolution. Sec. 18.63. Annual local improvement assessment resolution. Sec. 18-64. Effect of local improvement assessment resolutions. Sec. 18-65. Lien of assessments. Sec. 18-66. Revisions to local improvement assessments. Sec. 18-67. Procedural irregularities. Sec. 18-68. Correction of errors and omissions. Division 4. Related Service Assessments Sec. 18-69. Authority. Sec. 18-70. Initial related service assessment resolution. Sec. 18-71. Related service assessment roll. Sec. 1842. Notice by publication. *Charter reference -Authority of city to levy taxes, § 4.14(3). Cross references -Administration, Ch. 2; finance, § 2-136 et seq.; impact fees, § 9-386 et seq.; licenses and business regulations, Cli. 10; occupational license taxes, § 10-26 et seq.; utilities, Ch. 19. State law reference -Power of city to impose and collect taxes, F.S. § 166.201 et seq. Supp. No. 2 1157 WINTER SPRINGS CODE Sec. 1843. Notice by mail. Sec. 18-74. Adoption of final related service assessment resolution. Sec. 18-75. Annual related service assessment resolution. Sec. 1846. Effect of related service assessment resolutions. Sec. 1847. Lien of assessments. Sec. 1848. Revisions to related service assessments. Sec. 1849. Procedural irregularities. Sec. 18-80. Correction of errors and omissions. Division 5. Collection of Assessments Sec. 18-81. Method of collection. Sec. 18-82. Alternative method of collection. Sec. 18-83. Responsibility for enforcement. Sec. 18-84. Government property. Division 6. Issuance of Obligations Sec. 18-85. General authority. Sec. 18-86. Terms of the obligations. Sec. 18-87. Variable rate obligations. Sar. 1R-88. TPmnorsry obligations. Sec. 18-89. Anticipation notes. Sec. 18-90. Taxing power not pledged. Sec. 18-91. Trust funds. Sec. 18-92. Remedies of holders. Sec. 18-93. Refunding obligations. Division 7. General Provisions Sec. 18-94. Alternative method. Supp. No. 2 1158 ARTICLE I. IN GENERAL Secs. 18-1-18-25. Reserved. ARTICLE II. MUNICIPAL PUBLIC SERVICE TAX* Sec. 18-26. Levy. (a) There is hereby imposed and levied by the city a tax upon each and every purchase of elec- tricity, metered or bottled gas (natural, liquefied or manufactured) and water service within the city in the amount of ten (10) percent of the total amount charged by the seller of such utility service or commodity. For purposes of calculating the tax, the amount charged for the taxable service shall be deemed to include any gross receipts, taxes and franchise fees separately stated on the customer's bill. (b) There is hereby imposed and levied by the city a tax upon each and every purchase of com- munications services, as defined in § 202.11, Flor- ida Statutes (2000), as may be amended, and which is provided for by Chapter 202, Florida Statutes (2000), as may be amended. (c) Pursuant to section 12, Chapter 2001-140, Laws of Florida, amending section 202.20, the City Commission of the City of Winter Springs, Florida, hereby elects to adopt a 6.20% rate as the city's local communications services tax for the period beginning October 1, 2001 and ending September 30, 2002. This rate does not include the add -on rate as provided for in Section 18-31. (d) Pursuant to section 12, Chapter 2001440, Laws of Florida, amending section 202.20, the City Commission of the City of Winter Springs, Florida, hereby elects to adopt a 5.80% rate as the City's local communications services tax for the *Editor's note —Ord. No. 751, § 1, adopted Nov. 22, 1999, repealed former Art. II, §§ 18-26-18-30, in its entirety and enacted new provisions as herein set out. Former Art. II pertained to similar subject matter and derived from Ord. No. 454, §§ 1-5, adopted March 27, 1989. Cross reference —Utilities, Ch. 19. State law reference —Authority of municipality to im- pose tax on utility purchases, F.S. § 166.231 et seq. Supp. No. 9 1159 period beginning October 1, 2002. This rate does not include the add -on rate as provided for in Section 18-31. (e) As used in this chapter, terms shall have the meaning and definition given to them under section 203.012, Florida Statutes, unless other- wise provided. (Ord. No. 751, § I,11-22-99; Ord. No. 200142, § 2, 7-9-01) Sec. 18-27. Exemptions. Purchases by all federal, state, county and municipal governments and their commissions and agencies, all public schools and all recognized churches that possess a consumer certificate of exemption issued under Chapter 212, Florida Statutes, communications services for use in the conduct of a communications services for hire or otherwise for resale and certain other public bodies exempted by law or court order, shall be exempt from the taxes hereby imposed and levied under this article. However, governmental bodies which sell or resell taxable services to nonexempt enI users must collect and remit the tax levied under section 18-26. (Ord. No. 751, § I, 11-22-99; Ord. No. 200142, § 2, 7-9-01) Sec. 18-28. Collection by seller. (a) It shall be the duty of every seller of elec- tricity, metered or bottled gas (natural, liquefied or manufactured), and water service service within the city to collect from the purchaser, for the use of the city, the tax levied under section 18-26(a), at the time of collecting the charge therefor, and to file a return and remit, on or before the twentieth day of each calendar month, or if the twentieth day is either a legal holiday or is not a city business day, then on or before the first city business day that is not also a legal holiday, following the twentieth day of the month, unto the city, all such taxes levied and collected during the preceding calendar month. The date of receipt of such taxes by the city will be the date of postmark, or if by electronic transfer, the date received by the city's primary bank as indicated on the city's bank statement. Notwithstanding any other provision of this section, in the event WINTER SPRINGS CODE the total amount of tax anticipated to be collected within a calendar quarter does not exceed one hundred twenty dollars ($120.00), the seller of such service may, with the authorization of the city, remit the taxes collected during such calen- dar quarter to the city quarterly. In such case, the tax shall be due on or before the twentieth day of the month following the end of the calendar quarter in which the taxes were collected. The term "return" as used in this section, means the supporting documentation submitted periodically in accordance with the provisions of this chapter, and to be accompanied by the tax remittance, if any for that period, unto the city, which at a minimum shall indicate: (1) The name and address of the seller; and (2) The time period covered with respect to the particular return being filed; and (3) The amount (in U.S. dollars) of the reve- nue collected from the sale of the taxable service; and (4) The amount (in U.S. dollars) of any collec- tion allowance taken in accordance with Florida law; and (5) The amount (in U.S. dollars) of tax being remitted to the city, or having been sent by electronic transfer to the city's bank, which is the subject of the particular return being filed; and (6) The name and telephone number of a person authorized by the seller to respond to inquiries from the city concerning how the seller is administering and collecting the tax. Any seller remitting the tax by electronic transfer must nevertheless send periodic returns to the city. It shall be unlawful for any seller to collect for any such service without at the same time collecting the tax hereby levied with respect to such sales, unless such seller shall elect to as- sume and pay such tax without collecting the same from the purchaser. Any seller failing to collect such tax at the time of collecting for any such service, where the seller has not elected to assume and pay such tax, shall be liable to the city for the amount of such tax in like manner as if the same had actually been paid to the seller, Supp. No. 2 1160 and the mayor of the city may cause to be brought all suit actions and to take all proceedings in the name of the city as may be necessary for the recovery of such tax; provided, however, that the seller shall not be liable for the payment of the tax upon uncollected bills. If any purchaser shall fail, neglect, or refuse to pay for any such service, including the tax hereby imposed, the seller shall have the right and is hereby authorized and empowered to immediately discontinue further service to such purchaser until the same is paid in fuIle provided, however, that in the case that bills for the use of any of the above services rendered by the utilities are rendered at any other date than the first of the month, the utility company shall be allowed twenty (20) days from the date the bill is rendered for the collection and payment of the tax to the city. Sellers may remit by hand -delivery or postal service to 1126 East State Road 434, Winter Springs, Florida 32708, or by electronic transfer to the city's primary bank. However, if a seller elects to remit by electronic 111:y1C%1, LilutL .7C. 1u1' u11all Lili:l'f:%L1 LE:1' itVV i,iy:i IlUlillu by electronic transfer. (b) It shall be the duty of each seller of com- munications services, within the city to collect from the purchaser, for the use of the city, the tax levied under section 18-26(b), and to remit such tax in accordance with Chapter 202, Florida Stat- utes (2000), as may be amended. (Ord. No. 751, § I, 11-22-99; Ord. No. 200142, § 1, 7-9-01) Sec. 18-29. Seller's records. (a) Each and every seller of electricity, me- tered or bottled gas (natural, liquefied or manu- factured), and water service, shall keep at its principal place of business a complete record showing all sales in the city of such commodities or service, which records shall show the price charged upon each sale, the date thereof, the date of payment, the amount of utility taxes charged upon each sale, the date such utility tax was remitted to the city, the period of time covered by such remittance and other related information that may be required to verify proper collection and remittance of said taxes. To assure proper administration of the provisions of this chapter, the city may, where possible and practical, con- TAXATION duct a periodic audit of each sales records of all businesses in connection with which the tax is imposed under this chapter. Failure to conduct such an audit will not eliminate the liability of the seller for collection and remittance of the tax. Pursuant to section 166.234, Florida Statutes, the city may, during the seller's normal business hours at the official location of the seller's books and records, audit the records of any seller of a service that is taxable by the city under section 166.231 or 166.232, Florida Statutes, for the pur- poses of ascertaining whether taxable services have been provided or the correctness of any return that has been filed or payment that has been made, if the city's power to assess tax or grant a refund is not barred by the applicable limitations period. Each such seller must provide to the city, upon sixty (60) days written notice of intent to audit from the city, access to applicable records for such service, except an extension of this sixty-day period must be granted if reason- ably requested by the seller. The seller may at its option waive the sixty-day notice requirement. If either the city or the seller requires an additional extension, it must give notice to the other no less than thirty (30) days before the existing extension expires, except in cases of bona fide emergency or waiver of the notice requirement by the other party. In an audit, the seller is liable only for its taxable accounts collected which correspond to the information provided to it by the city under section 166.233(3), Florida Statutes. As used in this section "applicable records" means records kept in the ordinary course of business which establish the collection and remittance of taxes due. Such applicable records may be provided to the city on an electronic medium if agreed to by the seller and the city. In accordance with section 166.231(9)(c), Florida Statutes, any information received by the city or its agent in connection with such audit is confidential and exempt from the provisions of section 119.07(1), Florida Statutes. (b) Each and every seller of communications services within the city shall maintain such records as is required by Chapter 202, Florida Statutes (2000), as may be amended, and shall be subject to all auditing procedures provided for within Chapter 202, Florida Statutes (2000). (Ord. No. 751, § I, 11-22-99; Ord. No. 200142, § 2, 7-9-01) Supp. No. 0 1161 Co 18-30. Interest and penalties. (a) Any seller of electricity, metered or bottled gas (natural, liquefied or manufactured), or water service failing to remit to the city on or before the twentieth day of each calendar month or quarter, as applicable, or if the twentieth day is either a legal holiday or is not a city business day, then on or before the first city business day, that is not also a legal holiday, following the twentieth day of the month or quarter, as applicable, all such taxes levied and collected during the proceeding tax period shall be liable for interest on the unpaid amount of tax at the rate of one (1) percent per month from the date the tax was due until paid. In addition, penalties will be assessed at a rate of five (5) percent per month of the delinquent tax, not to exceed a total penalty of twenty-five (25) percent, except that in no event will the penalty for failure to file a return be less that fifteen dollars ($15.00). In the case of a fraudulent return or a willful intent to evade payment of the tax, the seller making such fraudulent return or willfully attempting to evade payment of the tax, shall be liable for a specific penalty of one hundred (100) percent of the tax. Interest and penalties shall be computed on the net tax due after application of any overpayments. The interest and penalties shall accrue from the due date until the date such taxes are paid; provided, however, that the city may settle or compromise any interest due pur- suant to this section as is reasonable under the circumstances. (b) The city is entitled to and may assess against any seller not complying with any provi- sion of this chapter, a fee based upon the actual costs incurred by the city in collecting the tax or the information due. (Ord. No. 751, § I, 11-22-99; Ord. No. 200142, § 2, 7-9-01) Sec. 18-31. Rights -of -way permit fee elec- tion. (a) The City of Winter Springs will not require and collect permit fees from any provider of communications services that uses or occupies municipal roads or rights -of --way for the provision of communications services. As provided in sec- tion 337.4010(01., Florida Statutes (2000), this election shall take effect October 1, 2001. WINTER SPRINGS CODE (b) Pursuant to section 337.401(3)(c)l.b., Flor- ida Statutes (2000), as amended by section 34, 2001440 General Laws of Florida, the City of Winter Springs elects to increase its total rate for the local communications services tax, as com- puted under section 12, 2001440, General Laws of Florida, amending section 202.20(1) and (2), Florida Statutes (2000), by an amount of 0.12%, and this election shall take effect October 1, 2001. (Ord. No. 200142, § 2, 7-9-01) Secs. 18-32-18-50. Reserved. ARTICLE III. LOCAL IMPROVEMENTS ASSESSMENTS Sec. 18-51. Definitions. When used in this article, the following terms shall have the fonowing meanings, unless tine context clearly requires otherwise: Annual local improvement assessment resolu- tion means the resolution described in section 18-63 hereof, approving the Local improvement assessment roll for a specific fiscal year. Annual related service assessment resolution means the resolution described in section 18-75 hereof, approving the related service assessment roll for a specific fiscal year. Assessment means a special assessment law- fully imposed by the city against property located within an assessment area for the payment of the project cost of local improvements or the operat- ing cost of related services. Assessment area means any of the areas cre- ated by resolution of the city commission pursu- ant to section 18-54 hereof, that specially benefit from the acquisition and construction of any Local improvements or related services. Assessment unit means the unit or criteria utilized to determine the assessment for each parcel of property, as set forth in the initial local improvement assessment resolution or the initial related service assessment resolution. "Assess- ment units" may include, by way of example only Supp. No. 9 1162 and not limitation, one or a combination of the following: front footage, platted lots or parcels of record, land area, improvement area, equivalent residential connections, permitted land use, trip generation rates, rights to future trip generation capacity under applicable concurrency manage- ment regulations, or any other physical charac- teristic or reasonably expected use of the property that is logically related to the local improvement or related service to be funded from proceeds of the assessment. Capital cost means all or any portion of the expenses that are properly attributable to the acquisition, design, construction, installation, re- construction, renewal or replacement (including demolition, environmental mitigation and reloca- tion) of local improvements and imposition of the related assessments under generally accepted ac- counting principles; and including reimburse- ment to the city for any funds advanced for capital cosA and interest on any interfund or intrafund r?. for 011+ purpo Cmj# City means the City of Winter Springs, Florida. City clerk means the official custodian of all city records and papers of an official character as set forth in section 4.10 of the City Charter, or her designee. City commissionmeans the city commission for the city. City managermeans the administrative and executive head of the city as set forth in Article V of the City Charter, or his designee. Final local improvement assessment resolution means the resolution described in section 18-62 hereof, which shall confirm, modify or repeal the initial local improvement assessment resolution and which shall be the final proceeding for the imposition of a local improvement assessment. Final related service assessment resolutionmeans the resolution described in section 18-74 hereof, which shall confirm, modify or repeal the Initial related service assessment resolution and shall be the final proceeding for the imposition of a related service assessment. Fiscal year means the period commencing on October 1 of each year and continuing through the 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 of America, 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. 2 1162.1 Chapter 19 UTILITIES* Article I. In General Sec. 19-1. Garbage service to be provided for certain tenants. Secs. 19-2-19-25. Reserved. Article II. Wastewater System Division 1. Generally Sec. 19-26. Definitions. Sec. 19-27. Use of wastewater system. Sec. 19-28. Required use of public sewers. Sec. 19-29. Private septic tanks. Sec. 19-30. Enforcement board. Sec. 19-31. Penalties and charges. Secs. 19-32-19-50. Reserved. Division 2. Administration Sec. 19-51. Inspection and monitoring. Sec. 19-52. Industrial wastewater contribution permit. Sec. 19-53. Enforcement. Secs. 19-54-1940. Reserved. Division 3. Use Regulations Sec. 1941. 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. 19401. Office hours. Sec. 19402. User charge schedule, general. Secs. 19403-19425. Reserved. *Cross references -Administration, Ch. 2; code enforcement board to enforce certain ordinances of the city, § 2-56 et seq.; buildings and building regulations, Ch. 6; plumbing code adopted, § 6-126; utility easements not to be enclosed or fenced, § 6-192; fire hydrant requirements, placement and maintenance, § 7-76 et seq.; flood damage prevention, Ch. 8; land development, Ch. 9; requirements for water and sewer systems in land development code, § 9-261 et seq.; planning, Ch. 15; taxation, Ch. 18; public service tax levied, § 18-26 et seq. Supp. No. 2 1227 WINTER SPRINGS CODE sion 5. Sewerage Revenue Generation System Sec. 19-126. Accounts established. Sec. 19427. Deposits. Sec. 19-128. Expenditures, Sec. 19429. Accountant certification of adequate maintenance. Secs. 19430-19435. Reserved. Article III. Reclaimed Water System Sec. 19436. Definitions. Sec. 19-137. Routing and construction. Sec. 19438. Rates and charges. Sec. 19439. Promulgation and enforcement of service procedures and regula- tions. Sec. 19-140. Inspection. Secs. 19441-19-145. Reserved, Article N Potable Water Supply L 1'V lu11111 1, ucllcl'Ull�' Secs. 19-146-19-149. Reserved. Division 2. Cross -Connection Control, Backflow Prevention Sec. 19-150. Intent. Sec. 19-151. Manual of cross -connection control adopted by reference; compli- ance required. Sec. 19452. Changes to manual. Sec. 19453. 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. 19457-19460. Reserved. Article V. Stormwater Management Utility Sec. 19-161. Title. Sec. 19-162. Definitions. Sec. 19463. Stormwater management utility fee created. Sec. 19464. Schedule of rates. Sec. 19465. Billing, payment, penalties and enforcement. Sec. 19466. Adjustment of fees. Sec. 19467. Stormwater management utility fund. Secs. 19468-19499. Reserved. Article VI. Water Shortage Conditions and Shortages Sec. 19-200. Intent and purpose. Sec. 19-201. Definitions. Sec. 19-202. Application of this article. Sec. 19-203. Implementation. Sec. 19-204. Water uses, surcharges and factors considered. Sec. 19-205. Enforcement. Sec. 19-206. Exceptions, Sec. 19-207. Penalties. Sec. 19-208. Water use constitutes acceptance of provisions of article. Supp. No. 2 1228 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 wastewater system shall be billed monthly and payment shall be due when rendered. If payment is not received by the city in full within twenty (20) days from the date of mailing, the unpaid amount is to be considered to be in arrears and shall be considered delin- quent. If there is an arrearage amount due when the next monthly 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 reference in the next month's billing or specific notification as consid- ered necessary by the city manager or his desig- nee. If the entire bill is not paid in full within ten (10) days from the date of mailing of the second bill, service shall be discontinued. A fee of twenty dollars ($20.00) shall be assessed to reinstate service, and a fee of thirty dollars ($30.00) shall be assessed for reinstallment of a meter if re- moved for nonpayment or unable to lock -off. A fee of twenty dollars ($20.00) shall be assessed for each check returned for insufficient funds or closed account. Any customer who has two (2) returned checks within a six-month period will be required to make payment in cash or money order. (Code 1974, § 1646; Ord. No. 449, § I, 1-9-89; Ord. No. 538, § I, 12-14-92; Ord. No. 702, § I, 6-8-98) Supp. No. 0 1241 Sec. 19-98. Appeals. § 19-98.5 (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 water requirements are individually me- tered by the city. If the applicable cus- tomer has a single water meter that reg- isters both domestic and irrigation water consumption, the measured water con- sumption associated with this meter will be considered as domestic water use. If § 19-98.5 the applicable customer has a dual domes- twelve (12) consecutive months prior tic and irrigation service (two meters) to the month where the unexplained which allows for the separate metering of excessive use as occurred with no both types of water use, only the meter months having a zero (0) usage pe- which measures water consumption pri- nod. manly 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 erty owner, or person that applies for an the historical water use period that unexplained excessive use credit with the is being relied upon in the determi- city pursuant to the terms of this policy, nation of unexplained excessive use. (4) Rate ordinance shall refer to Chapter 19 e. The net amount of metered potable entitled "Utilities" of the city's Code of water registered at the domestic Ordinances which delineates, among other meter which is considered as being things, i) the monthly rates for water and excessive for the particular billing wastewater service; ii) provisions regard- period must be a minimum of twenty ing the billing, payment, and delinquency thousand (2u,uuu) gallons when com- ofutility bills; iii) appeals for the review of pared to the average and maximum monthly utility bills by an account or month water use for the account, property owner to the city; and iv) other (2) In the review of the water use and appli- applicable provisions relative to the ren" cant characteristics as it relates to the dition of service to the city's utility cus- review of the excessive use criteria dis- tomers which are relied upon in the de- cussed in subsection 1M&5(b)(1) above, termination of this policy, all of the criteria must be satisfied in (b) Unexplained excessive use criteria: order for the city to consider any utility bill adjustment in accordance with this (1) The criteria used by the city in the deter- policy. The requirements for providing proof mination of unexplained excessive water of occupancy during the previous twelve use in a particular billing period for an (12) months are the responsibility of the individually metered residential account applicant. as it relates solely to the application of (c) Applicability: The unexplained excessive this policy is as follows: 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- bo 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- highest monthly water use of such plained excessive use policy, such accounts may account for the last twelve (12) con- still follow the general utility bill appeal process secutive months as metered and billed as allowed by the city's rate ordinance, by the city. (d) City field service requirements: c. Water service to the account must (1) Any applicant receiving individually me - have occurred for a minimum of tered residential service who feels that Supp. No. 2 1242 UTILITIES § 19-98.5 the monthly bill for potable water service such premises to identify any unique is excessive and the reasons for such circumstances and to assist the cus- excessive use is not known or explainable tomer with addressing the unex- by the applicant may make a written plained excessive use situation. This application or make an on -site appear- review is not considered by the city ance (the "application") to the finance as a detailed inspection or water use director or his/her designee requesting for audit of the property to verify use or a bill evaluation and potential adjust- specific conditions and is expected to ment in accordance with this policy. The be performed during the removal of application by the applicant must be within the existing meter and the installa- ten (10) days after the date of rendering tion of the new meter. (mailing) of the bill by the city. e. The city will notify the applicant by (2) Once an application is made by an appli- direct mail the results of the city's cant for review of the utility bill accor- meter flow test and report whether dance with this policy and the unex- the meter was registering potable plained excessive use meets the water use water use within the accuracy limits criteria as delineated in this policy as established by the meter manufac- determined by the city, the city shall per- turer within, to the extent practical, form the following field service activities five (5) business days after the re- in order to evaluate the metered water moval of the meter from the consumption at the applicant's premise: applicant's premise. a. The city will reread the water con- (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 (1) If the city determines that the potable and for consistency in the amount of water meter that was removed from the water consumption billed to the ap- applicant's premise was measuring the plicant. potable water use at such premise inaccu- b. The city will remove the current rately, the city will recalculate the utility meter from the applicant's premise bill in accordance with its general policy and install a new meter which is and notify the applicant of the amount considered by the city to be measur- due. To the extent that the recalculated ing potable water use within the bill would still result in an unexplained accuracy standards as defined by the excessive use position, then the provi- meter manufacturer of the particu- sions of this policy will still be applicable. lar meter being installed. (2) Based on the city's review of the prior c. The city will perform a flow or "bench" twelve (12) months domestic metered wa- test of the meter that was removed ter consumption history when compared from the applicant's premise with to that period of time (not to exceed one the city's testing equipment to verify (1) billing period) for which the unex- the flow registration accuracy of such plained excessive water use was mea- meter, sured by the city, the city will determine d. Only with the prior receipt of the the unexplained excessive use credit as concurrence from the applicant which follows: filed the application for the exces- a. The city will determine the average sive use adjustment, the city will monthly water use for the applicant send a utility field representative to during the previous twelve (12) the applicant's premise or property months that will serve as the maxi - to conduct a general visual review of mum water consumption or usage Supp. No. 2 1242.1 § 1M8.5 WINTER SPRINGS CODE (rate) threshold for the determma- 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 registered by the meter and the con- exceed the maximum amount of sumption determined to be the max- wastewater billed during any billing imum water use threshold will i) period during the previous twelve 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 water consumption block rate as calculated by the city is accepted applicable to the individually me- by the applicant, the city will adjust tered residential class in effect at the amount of the water and/or waste - the time of the application for the water bill due the city and the total unexplained excessive use credit by amount of the adjusted bill will be the applicant, all in accordance with due and payable to the city by the the provisions of the city's rate or& 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. i L;lilcul"Lud Ili accuiduace vviLli Lhe prevailing water consumption or us- (11 Payment provisions. age rates in effect at the time of the (1) All provisions of the rate ordinance rela- application for the unexplained ex- tive to the payment of utility bills are cessive use credit by the applicant, applicable under this policy, all in accordance with the provisions of the city's rate ordinance. (2) If the adjusted utility bill for service, even after the recognition of the excessive use c. If the applicant also receives waste- credit, results in a monthly bill which is in water service from the city, the city excess of one hundred dollars ($100.00) of will determine the maximum monthly the maximum bill incurred for utility ser- wastewater to be billed to the appli- vice by the applicant during the previous cant based on the amount of use twelve (12) months, the city at its sole which would be billed recognizing discretion may allow for the payment of the maximum consumption thresh- the excess water use component of the bill 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 flected in the city's rate ordinance. and the applicant prior to the due date of To the extent that the amount of the the current utility bill that was under unexplained potable water use being review by the city and will be included on considered as excessive use results the utility bill for monthly service during in an increase in the amount of waste- the installment period. The billing of the water use being billed to the appli- installments will begin on the next imme- cant, the amount of such use above diate bill for service. In no event will the the maximum monthly wastewater city allow the payment of the excessive Supp. No. 2 1242.2 UTILITIES water use on an installment basis if the applicant has not achieved a good pay- ment history (no delinquent payments or if applicant has had service discontinued for nonpayment) during the past twelve (12) months of service. (3) To the extent that an applicant elects the installment method of payment of the unexplained excessive use charges, all of the city's rules and regulations relative to the billing and payment for service in accordance with the city's rate ordinance will apply, including the provision that the applicant's utility service may discon- tinued for the nonpayment of utility ser- vice. (4) If the applicant requests a verification of the flow test performed by the city by a third party (e.g.meter manufacturer or another utility), and the results of such test are consistent with the results of the city's flow test (whereby the results would not result in a change of general accuracy of the meter), the applicant will be respon- sible for the actual cost of such tests. The actual cost is the amount invoiced by the third party to the city for the performance of the additional flow test and will not include any costs or markup for adnums- tration by the city. If the test results performed by the third party indicate that the meter is not registering within the accuracy limits in accordance with city policy, the meter will be considered as being inaccurate and the bill recalcula- tion policy of the city will be performed. (5) To the extent that the applicant does not accept the results of the unexplained ex- cessive use credit as determined by the city under this policy, then the entire amount as initially billed by the city for utility service shall be due and payable in accordance with the provisions of the rate ordinance. The applicant shall have the right to appeal the utility bill in accor- dance with the provisions of the rate ordinance. Any reductions in the amount billed which may be due to the applicant as a result of the appeal of utility bill will be credited by the city in the next imme- diate bill rendered to the applicant after the appeal has been finalized. (g) Limitations on adjustment eligibility and other miscellaneous provisions: (1) No unexplained excessive use credit to an applicant's utility bill determined in ac- cordance with this policy will be permit- ted more than once a year or no more than twice within ten (10) years. No unex- plained excessive use credit will extend beyond one (1) billing period. (2) If an applicant accepts the unexplained excessive use credit as determined by the city and the credit is applied to the applicant's monthly utility bill, the appli- cant will waive the right to subsequently appeal the said utility bill in accordance with the provisions of the rate ordinance. (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, § 16-48; Ord. No. 702, § III, 6-8-98) Sec. 19-in" . Application requirements. (a) All applications shall be made at the busi- ness office during office hours. Supp. No. 2 1242.3 WINTER SPRINGS CODE (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; I 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. T Tin on comisletion oft vo'rty five (25) monthp, 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 de- posit has been refunded. When service is terminated, the deposit plus the interest less any outstanding fees and charges shall be refunded to the user. There will be no interest refunded on any account which has been in service six (6) months or less. 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 ......... $25.00 Sewer only service ......... 65.00 Water and sewer service.... 90.00 *Reflects deposit for water and wastewa- ter service only; other deposits for ser- vices billed on the utility bill, if any, are in addition to the above -referenced deposits. An inspection fee shall be assessed at application and for each connection when applicable; refer to miscellaneous charges, section 19-102(5)c. (2) Nonresidential users. Application shall in- 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 terminated, the deposit plus interest iess any outstanding fees and charges shall be refunded to the user. There will be no interest refunded on any account in ser- viro MY (6) months or loop,, Tlio cl_opocit 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 dollars ($200.00). 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) Sec. 19-101. Office hours. (a) The business office is located at 1126 East State Road 434, Winter Springs, Florida. It is open Monday through Friday, 8:00 a.m. to 5:00 p.m. A night drop box may be provided for afterhours payment. (b) In case of an emergency, contact the busi- ness office. Emergency service shall not be avail- able to users whose account is delinquent. (Code 1974, § 16-50; Ord. No. 702, § VI, 6-8-98) Supp. No. 2 1242.4 ZONING 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. 20-413. Animals. Sec. 20414. Exceptions. Sec. 20415. Kennels. Sec. 20416. Kennel zoning. Sec. 20-417. Residential wall buffers required. Sec. 20418. Gasoline stations. Secs. 20-419-20-430. Reserved, Division 2. Motor Vehicles Sec. 20-431. Parking, storage or maintenance of certain vehicles prohibited in residentially zoned districts. Sec. 20-432. Commercial vehicles defined. Sec. 20433. Storage, repair, etc., of disabled motor vehicles; approved. Sec. 20434. 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. 20438-20450. Reserved, Division 3. Siting and Regulation of Telecommunications Towers Sec. 20-451. Telecommunications towers. Secs. 20-452-20-460. Reserved. Article VI. S.R.. 434 Corridor Vision Plan Division 1. S.R. 434 Corridor Overlay District Sec. 20-461. Intent. Supp. No. 2 1309 WINTER SPRINGS CODE Sec. 20-462. Creation. Division 2. General Design Standards for New Development Area Sec. 20-463. Applicability to new development overlay zoning district. Sec. 20-464. Building height. Sec. 20-465. Setbacks. Sec. 20466. Land coverage. Sec. 20-467. Off-street parking and driveway requirements. Sec. 20468, Landscaping. Sec. 20469. Buffers and walls. Sec. 20470. Signs. Sec. 20471. Utility lines. Sec. 20472. Corridor access management. Sec. 20-473. Building and screening design guidelines. Sec. 20474. Development agreement. Sec. 20475. Corridor design review board. Secs. 20476-20-479. Reserved. Division 3. General Design Standards for Redevelopment Area Sec 2(1-4911 Annlirahility to radavalnnmant warlav znnina tlietrict. Sec. 20-481. Building height. y Sec. 20-482. Setbacks. Sec. 20-483. Off-street parking and driveway requirements. Sec. 20-484. Landscaping. Sec. 20485. Buffers and walls. Sec. 20-486. Signs. Sec. 20487. Utility lines. Sec. 20488. Corridor access management. Sec. 20489. Building and screening design guidelines. Sec. 20490. Development agreement. Sec. 20-491. Corridor design review board. Seca. 20492-20-500. Reserved, Division 4. Reserved Supp. No. 2 1310 ZONING See. 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, § 81 5-26-81) Sec. 20-235. Building height regulations. In C-1 Neighborhood Commercial Districts, the building height shall not exceed fifty (50) feet. (Ord. No. 44, § 44.49, 1-8-68) Sec. 20-236. Building site area regulations. In 0-1 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 C-1 Neighborhood Commercial Districts. (b) Side yard. None required except on that side of the lot abutting upon the side of a lot zoned for residence purposes, in which case there shall be a side yard of not less than thirty (30) feet. In all other cases a side yard, if provided, shall not be less than three (3) feet. (Ord. No. 44, § 44.51, 1-8-68) Sec. 20-238. Off-street parking regulations. Section 9-276 et seq. as to off-street parking regulations in C-1 Neighborhood Commercial Dis- tricts shall apply. (Ord. No. 44, § 44.52, 1-8-68) Supp. No. 2 1333 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 AND INDUSTRIAL DISTRICTS Sec. 20-251. In general. The lands of the C-2 General Commercial and Industrial Districts are to be used by a variety of commercial and industrial operations. The pur- pose of this district is to permit the normal operation of the majority of industrial uses under such conditions of operation as will protect abut- ting residential and commercial uses and abide by the performance standards of the county, the state and U.S. government. (Ord. No. 44, § 44.53, 1-8-68) Sec. 20-252. Uses permitted. Within C-2 General Commercial and Industrial Districts, no building, structure, an or water shall be used except for one (1) or more of the following uses: (1) Any use permitted in C-1 Neighborhood Commercial Districts; (2) Automotive body repairing and painting; (3) Automotive glass, vinyl tops and seat cov- ers; (4) Automotive sales and service; (5) Automotive renting and leasing; (6) Automotive tires; (7) Baker, wholesale; (8) Boats, sales and service; (9) Bottling and distribution plants; (10) Building and plumbing supplies; (11) Bus terminal; (12) Cabinetmakers; § 2M52 WINTER SPRINGS CODE (13) Clothing manufacturing; Sec. 20-253. Building site area regulations. (14) Cold storage and frozen food lockers; (15) Contractors' equipment, storage yards; (16) Convenience markets and stores; (17) Drive-in theaters; (18) Feed stores; (19) Flea markets, open air; (20) Gas, bottled; (21) Grocers, wholesale; (22) Ice, wholesale; (23) Industrial trade and vocational schools; (24) Full -service gas stations, requiring that mechanical repair service be provided. (25) Kennels; (26) Laboratories for testing materials and chemical analysis; (27) Lumber and building supplies; (28) Manufacturing and assembly of scientific and optical precision instruments; (29) Mobile homes, sales and service; (30) Movers; (31) Nurseries, plants, trees; wholesale; (32) Reserved; (33) Pest control (exterminating); (34) Printers, commercial; (35) Public maintenance buildings; (36) Recreational vehicles; (37) Roofing; (38) Sheet metal shops; (39) Swimming pool contractors, equipment storage; (40) Taxicabs; (41) Warehouses; (42) Wholesale meat and produce distributors. (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, § % 10-22-01) Supp. No. 2 1334 No building or structure shall exceed fifty (50) feet in height. (Ord. No. 44, § 44.55, 1-8-68) Secs. 20-254-20-265. Reserved. DIVISION 9. R-U RURAL URBAN DWELLING DISTRICTS Sec. 20-266. In general. The lands included within the R-U Rural Ur- ban Dwelling Districts are those developed or used predominantly for agricultural purposes and government or public service facilities with single- family dwellings as the primary residential use. Tha Fit.P4 ATP intandpt� to ha. thosa whieb wmild normally have large tracts of land adjacent or contiguous to residential locations. (Ord. No. 44, § 44.56, 1-8-68) Sec. 2U Z(i�. Uses permitted. Within any R-U Rural Urban Dwelling trict, no building, structure, land or water shall be used except for one (1) or more of the following uses: (1) Forests, groves, farms and truck garden- ing, including usual farm bung struc- tures and livestock; (2) Nurseries and greenhouses; (3) Public recreation areas and facilities; (4) Private clubs, including golf courses and recreational uses; except skeet and gun clubs or commercial amusement enter- prises operated entirely for private profit; (5) Public schools and private educational institutions having a curriculum the same as ordinarily given in public schools. Other schools not having a curriculum may be ZONING Editor's note —Ord. No. 2000-07, § 2.13, adopted May, 8, 2000, amended the Code by adding provisions designated as § 20434. In order to conform to the reorganization of the provisions of this article, the provisions of § 2.13 of Ord. No. 2000-07 have been redesignated as § 20417 by the editor. Sec. 20-418. Gasoline stations. (a) For purposes of this section, a "gasoline station" shall include any building or structure or parcel of land used for the storage and sale of gasoline or other motor fuels, whether such stop age and sale is a principal or accessory use on the land. (b) There shall be a minimum air line distance of three hundred fifty (350) feet, measured in a straight line from the nearest points of lot bound- aries, between a proposed gasoline station and any existing gasoline station or between a pro- posed gasoline station and any lot zoned residen- tial or any lot on which a school or playground is proposed or exists. (c) There shall be a minimum air line distance of three hundred fifty (350) feet, measured in a straight line from the nearest points of lot bound- aries, between a proposed residential lot, school, or playground and any existing gasoline station. (d) This section shall not apply to any pending gasoline station application which is "vested" as provided by law, or any gasoline station lawfully existing and operating at the effective date of this section. However, if any such gasoline station shall discontinue or abandon its operations, for at least ninety (90) consecutive days at a property, then this section shall apply to said property. (Ord. No. 2001-13, § 2, 7-23-01) Editor's note —Ord. No. 200143, adopted July 23, 2001, added provisons designated as section 20417. In order to avoid conflicts in section numbering, the editor has redesig- nated the provisions of Ord. No. 200143 as section 20-418. Secs. 20419-20-430. Reserved, DIVISION 2. MOTOR VEHICLES Sec. 20-431. Parking, storage or maintenance of certain vehicles prohibited in residentially zoned districts. In order to protect and promote the public health, safety and welfare, and among other pur- Supp. No. 2 1365 § 20-431 poses, to provide light, safety from fire, safety from other damages and to protect property own- ers from certain general nuisances associated with the unregulated parking, storage or mainte- nance of certain vehicles, the parking, storage or maintenance of certain vehicles as herein speci- fied in the areas herein specified are prohibited except as herein provided. (1) Prohibitions: a. Except as provided in section 20-434 below, no person owning, renting or leasing real property in a residential zoned district shall cause or allow to be parked on any residential prop- erty a commercial vehicle as defined in section 20432. b. No person owning, renting, leasing or otherwise being in control of the use of any lot, parcel or piece of real property located in a residentially zoned district or living thereupon shall cause or allow any vehicles as enumerated in Ma. above to be parked, stored or maintained upon such property. c. No recreational vehicles shall be oc- cupied as temporary living quarters while such recreational vehicle is parked or stored within a residen- tially zoned district in the city. No recreational vehicle parked or stored in the city shall have its wheels removed except for repair or mainte- nance. d. No recreational vehicle shall be parked in such a way that it shall obstruct the view of traffic or impede the vision of vehicular traffic. e. No more than one (1) recreational vehicle shall be parked on an owner's property at any one (1) time. f. No recreational vehicle in excess of twenty-eight (28) feet in length in overall measurements shall be parked or stored in a residentially zoned district without a permit issued by the city commission and renewed annually by such commission. In the § 20-431 WINTER SPRINGS CODE case of a truck camper, the length measurement will include truck and camper. g. No boat trailer, with or without a boat thereon, may be parked on prop- erty in residential districts, unless such boat trailer does not exceed twenty-three (23) feet in overall length, is in a state of good repair, is being maintained in a neat and or- derly condition and is owned by the owner of the property upon which it is parked. h. It shall be a violation of this chapter to park any vehicle enumerated in (1)a. above or to park any recre- ational vehicle within the right-of- way of any city street, aney, lane, way, drive or other thoroughfare over- night. (2) Exceptions. The parking, storage or main- tenance of certain vehicles wili be permit- ted in residentially zoned districts as ex- ceptions to (1)a. through (1)h. above as follows: a. Recreational vehicles may be occu- pied during parking or storage if a permit has been issued in accor- dance with section 20412. b. A combination of boat trailer with boat and a recreational vehicle is permissible as an exception to (1)e. above. c. Any person owning, renting, leasing or otherwise being in control of the use of any lot, parcel or piece of real property located in a residentially zoned district and contiguous to the parcel upon which that person's res- idence is located may use such con- tiguous lot as if it were a separate piece of owner's property for the park- ing of vehicles subject to the restric- tions set forth in this section. Pro- vided, however, that no vehicle owned, operated or under the direct control by other than the person owning, renting, leasing or otherwise being Supp. No. 2 1366 in control of the use of such lot, parcel or piece of real property shall be parked thereupon. d. Commercial vehicles as described in section 20431 shall be allowed on public streets or within privately owned driveways or on residential property for the limited and tempo- rary purpose of loading or unloading goods or materials for the property owner upon whose property or adja- cent to whose property the commer- cial vehicle is parked. (3) Definitions. As used in this section, the following words are to be interpreted as having their commonly accepted mean- ings as well as the following specific defi- nitions. it the two (G) definitions are in conflict, the definition provided herein is to prevail: a. Boat trailer. A trailer designed to carry a boat is a boat trailer with or without a boat thereon. If with a boat, then both boat and trailer will be measured. b. Camping trailer. A vehicular porta- ble structure mounted on wheels, constructed with collapsible partial side walls of fabric, plastic or other material, for folding compactly while being drawn by another vehicle, and when unfolded at the site or location providing temporary living quarters, and the primary design of which is for recreation, camping or travel use. c. Travel trailer A vehicular portable structure built on a chassis designed to be pulled by an automobile or truck and to be used as a dwelling for recreation, travel or living pur- poses. The vehicle shall be equipped with tanks for storage of water and for holding of sewerage and shall have an interior light system opera- ble from a source of power from within the vehicle. d. Motor home. A structure, built on and made an integral part of a self- ZONING propelled motor vehicle chassis pri- 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. f. 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 period 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 M101, 20-121, 20441, 204611 Supp. No. 2 1366.1 CODE COMPARATIVE TABLE Ordinance Section Number Date Section this Code 609 1- 8-96 I 19-138(a) 617 543-96 I 19402(1) 619 7-8-96 1 20-232(a)(31), 20- 252(24) 628 1044-96 I 9-157 632 11-25-96 I 145(a), 12-53, 13-2, 13-4 6354 12- 9-96 I—V, VII 2-2 636 12- 9-96 I 9447 638 240-97 II 9-386.7 III 9-386.8 IV 9-386.16 645 744-97 1 20451 674 8-25-97 I 10-29 675 12-8-97 16-51, 20-1 20461-20475 676 9- 8-97 20-501-20-512 678 1043-97 1 20451 683 1140-97 20480-20491 684 10-13-97 1 Ch.9, Exh, 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 2452 692 142-98 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 19401(a) VII 19-102(1) VIII 19-102(6) IX 19465(e) 704 7-27-98 L01-7.01 18-51-18-94 707 642-00 l(Exh. A) 20-320-20-327 709 1244-98 I Rpld 240-243 710 1-11-99 II 20-239 III 20-469(b), (c) IV 20485(b), (c) 711 3-22-99 I 54-5-5 721 6-28-99 1 9-279 2 20431(1)a. 3 20-432 4-7 20-434-20-437 725 8-23-99 20-328-20-341 726 6-28-99 1 5-1(c)(19) 2, 3 5-3(b), (d) 4 5-4(e)(3) 730 6-28-99 1 11-6 731 841-99 1 20-435 2 20-437 733 9-23-99 1 19-102(2) 734 9-27-99 1 5-3(d) 735 9-27-99 I 34 II Rnbd 3-2, 3-3 Supp. No. 2 2097 WINTER SPRINGS CODE Ordinance Number Date Section 741 9-27-99 1-12 742 9-27-99 1-12 747 11-22-99 1 750 11-22-99 I 751 11-22-99 I 752 12- 6-99 I 754 12- 6-99 1 755 12- 6-99 1 2000-07 5- 8-00 2.A 2.B 2.0 2.D 2000-17 6-12-00 1 2000-19 9-25-00 2 2001-04 1-22-01 1 2001-06 1-22-01 1 2001-09 2-26-01 1 2 200141 3-26-01 1 200045 642-00 1 2001-02 10- 8-Ol 1 2001-13 7-23-01 2 200146 7- 9-01 1 2001-29 5-14-01 1 2001-39 9-10-01 1 2001-42 7- 9-Ol 2 2001-43 7-23-Oi 1 2001-49 10- 8-Ol 2 2001-50 10-22-01 2 2001-39 (Res.) 10-29-01 I VII 2001-54 12-10-01 2 3 2001-57 12-10-01 2 2001-59 12-10-01 1 2001-61 1-14-02 2 2001-62 144-02 2 Section this Code as 3-31 34 Added 3-2 9-391.1-9-391.12 9-396.1-9-396.12 20-436 Rpld 4-2 Rpld 18-26-18-30 Added 18-26-18-30 6-101 20-434 16-83 RpId 20-239 Added 20417 Amd 20469(b) 20-485(b) 20470(18), 20-486(18) Rpld 20-26 8-1-8-% 8-31-8-55, Rpld 8-56 Amd 9-241(c) 20-411 16-57 Ppld 16-79 19-200-19-208 2-1511 2452 Rpld 2-153 6-270-6-281 20-418 6-35 6487 9-500-9-5021 9-5049 9-505, 9-510, 9-514, 9-530-9-533, 9-540-9-542 18-26-18-29 9-156, 9-370, 9-372, 9-373, Rpld 9-375 2-42 16-51, 16-57(11), 1647, 20-252(32) 19-98.5 Rpld 746-7-56 Added 7-46, 7-50, 7-54, 7-60 6-31-6-34 Rpld 646-6-58 Amd 6-155 3-10 2-42W 2-61.5 [The next page is 2145] Supp. No. 2 2098 STATE LAW REFERENCE TABLE This tables ows the location within this Charter and Code, either in the text or notes following the text, of references to the state law or related matters. State Const. Section Article Section this Code VIII 2 10-87 Fl. Adm. Code Section F.S. Section Chapter this Code Section this Code 17-50 19-92(c) 1666021 10-87 19-95(b) 166.032 2-89 19-95(c) 166.041 1-11 19-129 20-102(f) 17-555.360 Ch. 19, Art. IV, 20404 Div. 2 166.201 et seq. Ch. 2, Art. VI Ch. 18 F.S. Section 166.221 Cho 10 Section this Code 166.231 18-2% 18-30 20.30 20-232(a)(64) 166.231 et seq. Ch. 18, Art, II 34.191 114 166.0425 Ch. 16, Art, III Ch.50 2-64(b)(1) MUM 20404 50.041 M4 170.01 et seq. Ch. 17 50.051 2-64 Ch. 171 Ch. 2, Art. V Ch. 97, Ch. 98 2-89 Ch. 177 Ch. 9 Ch. 180 et seq. Ch. 17 100.201 et seq. 2-94 200.065 Ch. 2, Art. VI 100.361 2-26(b) Cho 202 18-28 Ch.101 2-93 202.11 18-26 101.62-101.70 2-92 202.20 18-31 Ch.140 18-26 203.012 18-26 Ch.102 2-85 Ch.205 Ch.10 2-93 Ch. 10, Art. II 1AM 18-29 205.043(c) 10-30 Ch. 162 Ch. 2, Art. III, Div. 2 205.053 10-32 2-561 6-32 205.053(1) 10-29 162.05 2-57 Cho 212 18-27 162.05(3) 2-58 Ch. 218 Ch. 2, Art. VI 162.06(2), 162.06(3) 2-59 31591956 12-65 162.07 2-60 Cho 316 Cho 12 162.08 2-61 12-2 162.09 2-61 20431(1)a. 3-3 316.1945(b)(2) 74 162.10-162.13 2-62-2-65 316.1955 et seq. 20-467, 20483 162.22 3-10 20-504 Ch. 163 20-26 316.2055 Ch. 16, Art, II Ch. 163, Pt. II 9-500 Ch. 318 12-2 20-28(a) Ch.320 12-2 163.3161 et seq. 9-386.1 Ch. 322 12-2 163,3171 et seq. Ch. 15 Ch. 335 17-27 163.3181(3) 20402(i) 336.10 17-27 Ch.166 Cho 337.401 18-31 20-26 Cho 380.06 9-403 20-28(a) 403.415 Ch. 16, Art. II Supp. No. 2 2145 F.S. Section Ch. 455 479.155 489,105 4894127 489.132 533.73 538.01 et seq. Ch. 553 553.06 553.19 553.73 563.955 et seq. 561.01 et seq. 561.14 561.20(7)(a) 562.45(2) Ch. 633 633.521 Ch. 650 650.02 705.101 et seq. 775.082, 775.083 Ch. 794 Ch. 796 Ch. 800 806.101 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 20-232(a)(64) Ch. 16, Art, III 6-32 6-270, 6-2721 6-274, 6-275, 6-279 6-270, 6-272 6-31, 6-32 Ch. 10, Art. VI Ch. 6 Ch. 6, Art. III Ch. 61 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) 24 2-69.5(e), 114 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. 2 2146 Section Section A CITY ATTORNEY ACCOUNTS, ACCOUNTING Appointment, duties .................... 6.02 City commission's independent audits of CITY CLERK city accounts ...................... 4.12 Appointment; duty...................... 4.10 ACTIONS. See: SUITS, ACTIONS AND CITY COMMISSION. See: MAYORAND CITY OTHER PROCEEDINGS COMMISSION AFFIDAVITS. See: WRITS, WARRANTS AND CITY MANAGER OTHER PROCESSES Acting city manager. a & 6 9 a 4 a 0 * 0 6 6 0 4 a P 0 5.04 Appointment; qualifications, compensation 5.01 AFFIRMATION. See: OATH, AFFIRMATION, Budget, submission of. . 4 0 a 4 0 4 0 1 0 0 9 4 a 9 0 4 * 7.02 SWEAR OR SWORN Powers and duties ...................... 5.03 AGENCIES OF CITY. See: DEPARTMENTS Removal ............................... 5.02 AND OTHER AGENCIES OF CITY CLERK. See: CITY CLERK AGREEMENTS. See: CONTRACTS AND COMMISSION. See: MAYORAND CITY COM- AGREEMENTS MISSION AMENDMENTS COMMITTEES AND COMMISSIONS. See: General authority ....................... 10.01 DEPARTMENTS AND OTHER AGEN- ANNEXATIONS CIES OF CITY Annexation procedure,.** a144 wood ad*aso 0 2.03 CONTRACTS AND AGREEMENTS Property added by annexation since 1972. 2.02 City contract ........................... 13.02 APPROPRIATIONS CORPORATE NAME Budget amendments after adoption ...... 7.07 Name of city established. 1.01 ATTORNEY. See: CITY ATTORNEY AUDITS, AUDITING D City commission independent audits ..... 4.12 DEPARTMENTS AND OTHER AGENCIES OF CITY g Administrative departments, power of city commission to establish ............ 6.01 BALLOTS. See: ELECTIONS City commission making investigations... 4.11 City manager's powers and duties........ 5.03 BOARDS, COMMITTEES AND COMMIS- Districting commission .................. 4.02(b) SIONS. See: DEPARTMENTS AND Establishing, altering or abolishing OTHER AGENCIES OF CITY Actions requiring an ordinance ........ 4.14 BOUNDARIES DISTRICTS Territorial boundaries, .................. 2.01, App. A Commission districts; adjustment of...... 4.02 BUDGET Amendments after adoption ............ 9 7.07 E City manager's powers and duties........ 5.03 Commission action on budget............ T05 ELECTIONS Contents of budget ...................... T03 Charter, first elections under ............ 13.04 Public records ......................... 9 7.06 City commission as judge of election and Submission of budget and budget message 7.02 qualification of members ........... 4.09 City election ............................ 8.01 C Election procedure...... a 0 Do 0 a 0 8.03 Initiative and referendum ............... 9.01 et seq. CANDIDATES. See: ELECTIONS See: INITIATIVE AND REFERENDUM Mayor and city commission election and CAPITAL PROGRAM term, ............................. 4.03 Contents ............................... 7.04(b) Nonpartisan elections................... 8.04 Submission to commission ............... 7.04(a) Qualified voter ......................... 8.02 CITY EMPLOYEES. See: OFFICERS AND EM- Corporate name of city ........... Odes ... 1.01 PLOYEES Supp. No. 0 2197 WINTER SPRINGS CODE Section Section F MAYOR AND CITY COMMISSION (Cont'd.) FINANCES Administrative departments, power of com- mission to establish ................ 6.01 Budget. See also: BUDGET Authentication and recording; codification 4.16 Capital program ........................ 7.04 City commission's independent audit ..... 4.12 Budget, commission action on............ 7.05 City manager's powers and duties........ 5.03 City clerk .............................. 4.10 City manager Fiscal year ............................. 7.01 Mayor as ............................ 4.05 FINES, FORFEITURES AND OTHER PEN- Powers and duties re ................. 5.03 ALTIES Commission districts; adjustment of...... 4.02 Actions requiring an ordinance .......... 4.14 Compensation; expenses ................. 4.04 City commission Composition of city commission .......... 4.01(a) Investigations, fines re, F a s * 0 4 s 0 0 9 s 9 M s 0 4.11 Election and term....................... 4.03 Judge of qualifications of members; for,, Eligibility .............................. 4.01(b) feiture of office re ............... 4.09 General powers and duties .............. 4.06 Mayor's and city commission's forfeitures Independent audits ..................... 4.12 of office ........................... 4.08 Investigation ........................... 4.11 Penalties for acts, omissions, etc. See spe- Judge of qualifications .................. 4.09 cific subjects as indexed Mayor .................. . .............. 4.05 FISCAL YEAR Ordinances in general .................. a 4.15 DPscrihad .............................. 7.01 Petitions, action on ..................... 9.06 Procedure .............................. 4.13 FLORIDA. See: STATE Prohibition; holding other office.......... 4.07 FORFEITURES. See: FINES, FORFEITURES Vacancy; forfeitures of office; filling of va- AND OTHER PENALTIES cancies ........................... 0 4.08 F'RAIVCHISES Actions requiring an ordinance .......... 4.14 N NAME OF CITY G Corporate name established ............ 0 1.01 GOVERNING BODY. See: MAYORAND CITY NOMINATION. See: ELECTIONS COMMISSION INITIATIVE AND REFERENDUM OATH, AFFIRMATION, SWEAR OR SWORN Action on petitions ...................... 9.06 City commission Actions requiring an ordinance .......... 4.14 Administering oaths. 0 4.09 Commencement of proceedings; petition- Investigations, oaths re ............... 4.11 ers' committee; affidavit............ 9.02 General authority... 99990090 9.01 OFFICERS AND EMPLOYEES Petition ................................ 9.03 City manager........................... 5.01 et seq. Procedure after filing ................... 9.04 See: CITY MANAGER Referendums City officials ............................ 13.03 Actions requiring an ordinance ........ 4.14 Establishing, altering or abolishing offices Petition; suspension of effect of ordi- Actions requiring an ordinance ....... 0 4.14 nance ..........................0 9.05 Governing body......................... 4.01 et seq. Results of election ...................... 9.07 See: MAYOR AND CITY COMMISSION L ORDINANCES, RESOLUTIONS, ETC. Actions requiring LEASING Annexation procedure by ordinance ...... 2.03 Actions requiring an ordinance .......... 4.14 Authentication and recording; codification 4A6 City ordinances ......................... 13.01 M Mayor's and city commission's compensa- MANAGER. See: CITY MANAGER tion; expenses; by ordinance ........ 4.04 Ordinances in general ................... 4.15 MAYOR AND CITY COMMISSION Referendum petition; suspension of effect Actions requiring an ordinance .......... 4.14 of ordinance ....................... 9.05 Supp. No. 2 2198 PETITIONS Annexation procedures .................. Initiative and referendum petition ...... . See: INITIATIVE AND REFERENDUM POLITICS. See: ELECTIONS POWERS OF THE CITY Generally .............................. Powers generally ....................... PRISONS AND PRISONERS City commission investigations, imprison- ment re ........................... PROCEEDINGS. See: SUITS,ACTIONSAND OTHER PROCEEDINGS CHARTER INDEX Section 2.03 9.02 et seq. 3.01 12.01 4.11 PROPERTY Annexation procedure ................... 2.03 Property added by annexation since 1972. 2.02 Territorial boundaries ................... 2.01, App. A 0 REFERENDUM. See: INITIATIVE AND REF- ERENDUM REGULATIONS. See: RULES AND REGU- LATIONS RESOLUTIONS. See: ORDINANCES, RES- OLUTIONS, ETC. RULES AND REGULATIONS Actions requiring an ordinance .......... 4.14 S SEVERABILITY Severability of Charter .................. 11.01 SUBPOENA. See: WRITS, WARRANTS AND OTHER PROCESSES SUITS, ACTIONS AND OTHER PROCEED- INGS City attorneys duties ............ food ... 6.02 Initiative and referendum proceedings.... 9.02 SWEAR OR SWORN. See: OATH, AFFIRMA- TION, SWEAR OR SWORN T TAXATION Actions requiring an ordinance .......... 4.14 TERRITORIES. See: PROPERTY U UTILITIES Rates and charges Actions requiring an ordinance. . U VOTES, VOTING. See: ELECTIONS WARRANTS. See: WRITS, WARRANTS AND OTHER PROCESSES WINTER SPRINGS. See: CITY WRITS, WARRANTS AND OTHER PRO- CESSES City commission Investigation, subpoena for witnesses re Subpoena for witnesses .............. . Initiative and referendum, affidavit re... . Section 4.14 4.11 4.09 9.02 Supp. No. 2 2199 [The next page is 3101] CODE INDEX Section Section A ALARMS, ALARM SYSTEMS False alarms ABANDONMENT Prohibited ........................... 7-28 Abandoned property; disposition by city .. 2-1 Warning notice ............. . ......... 13-58 City -owned property; disposal of surplus Fire and security alarms property, ad 094M 2-194 Automatic shut-off of alarm ........... 13-56 Motor vehicle abandonment ............. 12-53, 12-54 Classification of alarm ................ 13-57 Street and alley abandonment ........... 17-27 Compliance for existing system........ 13-53 Definition, . a 0 0 4 0 * a 0 a a 0 * a 0 6 a 0 0 0 * a 0 0 a 0 13-51 ACCOUNTS, ACCOUNTING Disconnection of system, . 6 6 0 0 13-61 Sewerage revenue generation system Emergency telephone number ......... 13-55 Account established .................. 19-126 False alarms Accountant certification of adequate Warning notice .................... 13-58 maintenance ................... a 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 a * 0 6 0 a 0 a a & * a a * 10-70 Hours of sale; hours consumption prohib- Advertising ............................. 10-63 ited in places of public accommoda- Authority .............................. 10-51 tion..............................a 3-3 Definitions ............................. 10-56 Location of business engaged in sale pro. Construction ........................... 10-54 hibited near church or school ....... 34 Effective date. . 0 a a 9 a 0 1042 Nudity prohibited upon alcohol licensed Employee provisions .................... 10-69 premises and bottle clubs........... 3-10 Findings of fact ......................... 10-53 Vendors in the town center.............. 3-2 General requirements/standards ........ 0 10-62 AMENDMENTS License Required, ............................ 10-68 Additions and amendments deemed incor- Measurement of distance ................ 10-59 porated in Code.................... 140 Minors Altering Code, . a 0 a * a 0 & a 0 a 0 * 0 # o 0 % * 0 0 * * * # 0 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 Nonconforminng distance ................. 10-60 amendments to. See: BUILDINGS Obscenity not permitted ................. 10-55 Florida Fire Prevention Code, local amend - Presumptions ..........................0 10-66 ment to ............ ...... 746 et seq. Prohibited locations ..................... 10-58 See: FIRE PREVENTION AND PRO - Purpose ................................ 10-52 TECTION Residential rezoning .................... 10-61 Zoning Violations and penalties ................. 1041 Districts amendments re ............. 20404 Zoning ................................. 10-57 Ordinances, alterations, changes or ADVERTISING. See: SIGNS AND ADVER- amendments .................... 20-6 TISING AMPLIFIERS AFFIRMATION. See: OATH, AFFIRMATION, Noise provisions ........................ 13-31 SWEAR OR SWORN AMUSEMENTS AND AMUSEMENT PLACES Dance halls; permit required; conduct in AGENCIES OF THE CITY. See: DEPART- dance halls. 0 * a 0 0 a a 0 0 0 a 6 a * W a 0 4 6 0 6 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 .. 44 AGREEMENTS Kennels Generally, . 0 4 0 0 a o 4 1 & 0 * 4 0 0 a 20-415 AIRPORTS AND AIRCRAFT Zoning regulations .................. a 20415 et seq. Alcoholic beverage sales in airlines, prohib- See: ZONING ited near church or school .......... 34 Noise provisions for animals and birds ... 13-34 Supp. No. 2 3101 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 2 ) 413 BILLBOARDS. See: SIGNS AND ADVERTIS- ING 1-7(9) 2-116 BLASTINGAGENTS. See: EXPLOSIVES AND 2-117 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 . , ....... . ,and 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 lqco: ATTTTT.T PATTRPTATNTUPJVT rS AUDITS, AUDITING TABLISHMENTS City -owned property, recording and identi- BOTTLE CLUBS fying re auditing procedure......... 2492 Prohibited .............................. 3-4 AUTONTATTC FTRh', SPRTNWT,F,R SYSTEMS DOTTLES Florida Fire Prevention Code, local amend- Littering ............................... 13-2 mentto. .......................... 7-60 BUDGET. See: FINANCES AWNINGS Permit for erection of awnings over side- BUILDINGS walk Accessory buildings ..................... 6-84 Fee. . 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 Establishing the location of local wind BARBED WIRE. See: FENCES, WALLS, speed lines ...................... 6-33 HEDGES AND ENCLOSURES Temporary storage structures ......... 6-35 BARRICADES Automatic fire sprinkler systems Street excavation barricades. 17-80 Florida Fire Prevention Code, local amendment 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. . 4 * 0 * 0 1 0 0 . 1 0 0 4 1 2-76 Electrical inspector, building inspector Duties; expenditures.................... 249 as.............................. 6-102 Mater beautification plan; recommenda- Plumbing inspector, building inspector tions to city ....................... 2-80 as.............................. 6-127 Terms, organization; meetings ........... 248 Swimming pool inspection ............ 6-213 Citations; unlicensed contractors; failure BEER to obtain a building permit Alcoholic beverage regulations generally.. 3-1 et seq. Administrative hearings; accrual of pen - See: ALCOHOLIC BEVERAGES alties ........................... 6-278 Supp. No. 2 3102 CODE INDEX 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, a * a 1 6 P 0 4 a 0 a a a so 0 2-56 et seq. See: CODE ENFORCEMENT BOARD Codes Electrical code ....................... 6-101 Energy efficiency code adopted ........ 6-6 Gas code....... of a 64 V do* 0 a 0 a o a 6-240 * Mechanical code... ad too 4 so 4404 # a 0 a # 0 * 6-146 et seq. See herein: Mechanical Code Plumbing code ....................... 6426 Standard building code Adopted ........................... 6-81 Amendment to building code........ 6-82 Standard existing building code Adopted ........................... 6-81 Standard housing code Adopted ..........................a 6-81 Swimming pool code, ... ads wood a 9 & a a to 6-210 Unsafe building abatement code....... 6-165 Compliance with provisions. a * * 4 * a a a 0 4 0 a 6 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 ....... 4 2-264 Electricity Electrical code adopted ............... 6401 Terms defined ........................ 6402 Energy efficiency code adopted........... 6-6 Fences, walls and hedges ................ 6-186 et seq. See: FENCES, WALLS, HEDGES AND ENCLOSURES Flood damage prevention ................ 8-1 et seq. See: FLOOD DAMAGE PREVENTION Florida Building Code, administrative amendments to. See herein: Adminis- tration Inspections. See herein: Permits and In- spections Interim services fee Authority ............................ 6-250 Calculation 6-254 .......................... Supp. No. 2 3103 Section BUILDINGS (Cont'd.) Collection ............................ 6-256 Definitions ........................... 6-252 Establishment of ..................... 6-253 Exemptions .........................a 6-255 Findings and determinations .......... 6-251 Interim services fee fund, a 0 0 9 6 0 0 4 0 0 a * a 6-258 Issuance of certificates of occupancy ... 6-257 Land development ...................... 94 et seq. See: LAND DEVELOPMENT Mechanical code Adopted ............................. 6446 Definitions ........................... 6447 Fee, a * 0 # a 0 a * a 0 a a 4 a 0 4 a a 4 4 0 a 0 a 0 a a a a & * 4 0 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. ... 9 do of**otvo*o Stage do 6-127 Purpose ................................ 64 Restricted hours of building construction or installation or construction of sub- division improvements ............ a 11-6 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 ........................... 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 ............................. 6-168 Notice of unsafe building to be served on person having interest in building; method of service, a a I a * a 4 4 1 6 4 0 0 * 0 6467 Standards for repair or removal ...... 9 6466 Unsafe building abatement code Adopted ..........................4 6465 WINTER SPRINGS CODE Section BUILDINGS (Cont'd.) 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 BUSES. See: MOTOR VEHICLES AND TRAF- FIC C CABARETS Adult entertainment establishments ..... 10-56 et seq. See: ADULT ENTERTAINMENT ES- TABLISHMENTS CAMPAIGNS. See: ELECTIONS CANALS L> ;,,- 1� 2 VLI 11.,g .............................. . CANDIDATES. See: ELECTIONS CANVASSERS. See: PEDDLERS, CANVASS- ERS AND SOLICITORS CARPORT SALES At-home sales .......................... 10-137 CATS Animal regulations generally ............ 4-1 et seq. See: ANIMALS AND FOWL CERTIFICATES, CERTIFICATION Certificates of occupancy Interim services fee requirements ..... 6-257 Sewerage revenue generation system Accountant certification of adequate maintenance .................... 19-129 CHURCHES Adult entertaimnent establishments Prohibited locations .................. Alcoholic beverage sales prohibited near.. Noise provisions ....................... 0 10-58 34 13-28 CITY Definitions and rules of construction ..... Use of city athletic facilities; fees ....... 0 1-2 2-2 CITY CLERK Election Additional duties re .................. Supervisor, city clerk as. . 0 0 & 6 0 a 0 a a 0 0 0 a 2-95 2-81 CITY COMMISSION Definitions and rules of construction ..... Recall of elected officials ................ Zoning action of city commission ......... 1-2 2-26 20-27 CITY MANAGER City -owned property, responsibilities re... 2-192 Supp. No. 0 3104 Section CODE ENFORCEMENT 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 ............................. 2-67 Delivery of warning notices, citations..... 2-69.2 Disposition of citations, civil penalties .... 2-69.7 Intent, a 0 0 a a a 0 a a a 0 9 9 a 0 a a a 0 & a a & 1 9 0 a 0 0 0 a a 4 2-66 Procedures to pay, contest citations .. , ... 2-69.5 Provisions supplemental, a 0 4 0 0 a 0 4 0 0 0 0 . ... 2-69.8 Violation classification; civil penalty...... 2-69.3 Violations, schedule of. a 6 a 6 a a a a a I a a a P 1 0 0 a 2-69A CODE ENFORCEMENT BOARD Appeals ................................ 2-63 Building numbering system, authority re. 9-376 Code inspector; duty ...................0 2-59 Creation ..............................0 2-56 Duration of lien, r 0 9 A 0 V 9 a 1 9 a 0 1 0 1 1 0 1 0 0 0 4 1 1 2-62 Election of officers; quorum; compensation; expenses .......................... 2-58 Hearing ................................ 2-60 Lien Application for satisfaction or release of 2-61.5 1Duradon of .......................... 2-62 Membership; appointment; qualification; term.............................. 2-57 Notices. . a a a 9 9 0 0 0 a P a 0 9 a P 9 a 0 a 9 0 9 a 0 0 a a a 0 0 9 2-64 Powers................................6 2-61 Provisions supplemental, a 1 0 6#@*60. ...... 2-65 Wastewater system, enforcement board... 19-30 CODE OF ORDINANCES* Additions and amendments deemed incor- porated in Code .................... Altering Code, . a a 4 0 9 a a a P a 0 4 a a 4 0 4 a 0 0 a 1 0 0 4 Amendments to Code; affect of new ordi- 140 1-14 nances; amendatory language....... Catchlines of sections .................. 6 Certain ordinances not affected by Code . , Definitions ......................... off. General penalty; continuing violation; vio- 1-11 1-3 1-7 1-2 lation as public nuisance ........... History notes ........................... How Code designated and cited .......... Prior offenses, rights, etc., Code does not 145 1-5 1-1 affect ............................. References and editor's notes ............ References to chapters or sections...... , . Repeal of ordinances, affect of ........... Severability of parts of Code, . 0 0 4 0 4 9 t s a 1 9 Supplementation of Code. a 4 4 4 4 a 0 s 0 V a 4 0 0 0 1-9 1-6 1-4 1-8 1-13 142 '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. CODE INDEX Section Section COMMITTEES AND COMMISSIONS. See: DISORDERLY CONDUCT DEPARTMENTS AND OTHER AGEN- Dance halls, disorderly conduct in........ 10-111 CIES OF CITY Noise provisions re, . a * * 4 0 0 a a 1 0 a t P a a a 13-27 COMPUTATION OF TIME DISTRICTS Definitions and rules of construction ..... 1-2 Zoning districts ......................... 20-101 et seq. CONTRACTS AND AGREEMENTS See: ZONING Certain ordinances not affected by Code .. 14(1), (3) DOGS Code does not affect prior contracts, etc... 1-9 Animal regulations generally ............ 4-1 et seq. Old age and survivors' insurance, execu. See: ANIMALS AND FOWL tion of agreement .................. 14-27 DRAINS, DRAINAGE Supplementation of Code ................ 1-12 Land development COUNTY Drainage ditch fence required; when... 9406 Definitions and rules of construction ..... 1-2 Drainage facilities .................... 9-242 Open drainage ditches; storm sewers .. 9-105 COURTS Storm water management, a 6 a 6 a 9 a 0 a a 9 a 9-241 Court costs Assessment and collection of; use ...... 11-2 DRUMS Unsafe building, court action re.......... 6-168 Noise provisions ........................ 13-30 CURFEW E Declaration of a state of emergency ...... 2-255 ELECTIONS D Absentee voting, S a a 0 * 4 a a a * a 0 * 0 0 0 6 a t a a 0 2-92 Applicability of Code to election where ques- DANCE HALLS tions are submitted ................ 2-94 Permit required; conduct ................ 10-111 Candidates, qualification of.............. 2-87 DEPARTMENTS AND OTHER AGENCIES Canvass of return...... a DOSS0*04 004000*4 2-93 OF CITY Certain ordinances not affected by Code .. 14(16) City clerk, additional duties of ........... 2-95 Beautification board .................. 2-76 et seq. Code enforcement board election ......... 2-58 See: BEAUTIFICATTION BOARD Determination of person elected.......... 2-84 Boards, committees, commissions gener- Election board .......................... 2-85 ally Election supervisor ..................... 2-8 Appointments of boards and committees 2-42 Municipal elections to be general elections 2-83 Fee to appointed board members; waiver 241 Nonpartisanship required ............... 2-86 City commission..... 604 2-26 Political signs .......................... 16-80 City forestry office ...................... 5-2 Proclamation........................... 2-82 Code enforcement board.. a MSG as** EGGS 04 0 2-56 et seq. Qualifying fees ........................ a 2-88 See: CODE ENFORCEMENT BOARD Recall of elected official ................. 2-26 Definitions and rules of construction ..... i-2 Registration of voter .................... 2-89 Election board .......................... 2-85 Vacancy in office........................ 2-87.1 Fire department provisions .............. 74 et seq. Voting machines........................ 2-91 See: FIRE DEPARTMENT Voting places ........................... 2-90 Land development site plan review board. 9-341 et seq. See: LAND DEVELOPMENT ELECTRICITY Officers' and employees' pension plan, board Electrical code adopted .................. 6-101 of trustees re ...................... 14-52 Electrical inspection .................... 6-103 Planning and zoning board .............. 20-51 et seq. Fees ..................................4 6404 See: ZONING Flood damage control ................... 8-2 Public service tax; exempted entities ..... 18-30 Municipal public service tax ............. 18-26 et seq. Traffic violations bureau, . * 0 & a 0 0 * a S 4 * * 4 6 12-28 See: TAXATION Zoning board of adjustment, a a S * 0 6 * 0 4 a 4 0 0 20-76 et seq. Swimming pools, electrical requirements See: ZONING re, a S a a a 0 a 0 a a a a * a 4 * 4 6 0 0 * 0 a a 0 a a * * 6 6 6-220 Terms defined .........................a 6-102 DEVELOPMENT. See: PLANNINGAND DE- VELOPMENT; See also: LAND DEVEL- EMERGENCY MANAGEMENT OPMENT Applicability of provisions ............... 2-252 Certification of emergency conditions..... 2-265 DISH ANTENNAS Declaration of a state of emergency ...... 2-255 Television dish antennas. 6-83 Definitions ............................. 2-251 Supp. No. 2 3105 EMERGENCY MANAGEMENT (Cont'd.) Fire emergencies, ...................... . Intent.................................. Police emergencies ..................... . Powers, duties, responsibilities.......... . Structure, emergency management...... . Suspension of local building regulations . , Termination of state of emergency....... . Weather emergencies. Dos* eased bog Sod 0 So . 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.) 2-263 Emergency procurement re state of emer- 2-250 gency ............................. 2-262 Fee 2-254 Certain ordinances not affected by Code 2-fund 253 Interim services fee ............... . 2-264 Old age and survivors' insurance contribute 2-256 tion ............................... 2-261 Payment of money Certain ordinances not affected by Code Purchasing Purchasing policy and procedure estab- lished .......................... When written bids required; waiver... . Stormwater management utility fund ... . 6-6 2-255 EXCAVATIONS ...................... 17-iu ei, sect. See: STREETS AND SIDEWALKS EXPENDITURES Sewerage revenue generation system, ex- penditures re ...................... EXPLOSIVES AND BLASTING AGENTS Declaration of a state of emergency ..... . Regulation of explosives ................. FALSE ALARMS Service fee ............................. Waiver of fee ........................... Warning notice .. best ..................a FENCES, WALLS, HEDGES AND ENCLO- SURES Barbed wire permissible, when ......... . Building numbers to be affixed to walls, fences, etc, . 0#60 064ttwo* 0 6 4 0 a 9 4 Construction material ................... Drainage ditch fence required, when .... . Exceptions to provisions ................. Height limitations generally, . Permitrequired ........................ Property line, distance from ............. Provisions not controlling; exception..... . Street, intersection, limitations when adja- cent to............................ Swimming pool enclosures .............. . Utility easements ...................... . FINANCES Bids, bidding When written bids required; waiver... . Budget Certain ordinances not affected by Code FINES, FORFEITURES AND OTHER PEN- ALTIES Certain ordinances not affected by Code . . Code does not affect prior forfeitures, pen- alties, etc. . 9 9 a a 0 a 4 a 0 0 4 4 a 0 # 6 0 4 V a 9 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 Repeal of ordinances, effect of........... . Section 2-255 1-7(17) 6-258 14-28 1-?(2)1(17) 2-151 2-152 19-167 1-9 2-69.1 et seq. 2-255 FIRE DEPARTMENT 7-27 Created ................................ 7 2 Department division .................... 7-5 Deputy fire chief. * 0 6 a 9 9 * a & 0 9 0 a 0 4 4 0 0 0 0 4 a a 7-4 Fire chief. . 0 9 9 a a 9 a 0 a a * 9 f a 4 4 0 * 4 0 0 0 4 a * * a a a 7-3 Deputy fire chief ..................... 74 13-59 Fire emergencies. . 0 4 4 a 0 0 0 4 4 6 4 0 6 a D a a 0 9 0 2-263 13-60 Fire public safety facility impact fee...... 9-396 et seq. 13-58 See: LAND DEVELOPMENT Organization ........................... 7-1 Responsibility, delegation of ............. 7-5 6-189 FIRE HYDRANTS. See: FIRE PREVEN- TION AND PROTECTION 9-374 FIRE PREVENTION 6-187 Fire alarm systems ..................... 13-51 et seq. 9-106 See: ALARMS, ALARM SYSTEMS 6-188 6-190 FIRE PREVENTION AND PROTECTION 6-186 Explosives, regulation of ................ 7-27 6-193 False alarms prohibited ................. 7-28 6-194 Fire department provisions ............. 1 7-1 et seq. See: FIRE DEPARTMENT 6-191 Fire hydrants 6-217 Approval and acceptance by city....... 7-80 6-192 Installation specifications. 7-78 Land development Required prior to building on lots ... 9-178 Obstruction of hydrants, . 0 * a 0 a a 0 0 a a 0 t 0 7-79 2-152 On site static water supplies .......... 7-81 Parking near prohibited .............4 12-65 1-7(7) Required. . * 0 0 0 0 4 a 0 4 * 4 4 4 0 o 0 1 6 0 0 9 * a 0 0 7-76 Supp. No. 2 3106 FIRE PREVENTION AND PROTECTION (Cont'd.) Responsibility for provision and mainte- nance........................... Florida Fire Prevention Code, local amend- ment to Appeal.............................. Automatic fire sprinkler systems ..... . Impact fee credits ................... . Procedure for ........................ Hydrants. See herein: Fire Hydrants Open-air burning regulated, . 0 . * 0 0 0 0 FIREARMS AND WEAPONS Declaration of a state of emergency ..... . Discharging or brandishing firearms .... . FIREWORKS Regulation of explosives ................. FLOOD DAMAGE PREVENTION Abrogation and greater restrictions ..... . Definitions ............................. Development permit ................... . Floodplain administrator Designation of ....................... Duties and responsibility of .......... . General standards ...................... Interpretation .......................... Lands to which provisions apply ........ . Noncompliance, penalties for ........... . Reducing flood losses, method of ........ . Regulatory floodways, standards for..... . Shallow flooding (AO zones), standards for areas of ........................... Small streams, standards for ........... . Special flood hazard Basis for establishing areas of........ . Designations, warning regarding area of Specific standards ..................... . Statement of purpose and objectives..... . Variance procedure ..................... Violations, penalties, . 9 M * * 4 0 . * . . 0 0 * 6 0 a a 0 a Warning regarding area of special flood hazard designation, . FLORIDA. See: STATE FLORIDA STATUTES. See: F.S. FOLLOWING, PRECEDING Definitions and rules of construction .... . FORFEITURE. See: FINES, FORFEITURES AND OTHER PENALTIES FOWL. See: ANIMALS AND FOWL FRANCHISES Certain ordinances not affected by Code . . Tax in addition to franchise taxes ....... . F.S. Definitions and rules of construction .... . CODE INDEX Section G Section GARAGE SALES 7.77 At-home sales .......................... 10-137 Signs.................................. 16-83 GARBAGE AND TRASH 7-50 Garbage service to be provided for certain 7 60 tenants ........................... 19-1 7-54 Littering ............................... 13-2 7-46 Objectionable, unsightly or unsanitary mat- ter upon property within city ....... 13-2(c) 7-26 GAS CODE Adopted, 6-240 2-255 Definitions ............................. 6-241 11-5 Fees ................................... 6-243 Inspection, 6-242 7-27 GAS, GASOLINE Flood damage control ................... 8-2 8 6 Municipal public service tax ............. 18-26 et seq. 8 1 See: TAXATION 8-33 GENDER Definitions and rules of construction ..... 1-2 8-31 8-32 GLASSWARE 8-51 Littering ............................... 13-2 8"7 GOLD 8"4 Secondhand precious metals ............ 0 10451 et seq. 8-9 See: SECONDHAND PRECIOUS MET 8"3 ALS 8-55 GONGS 8-54 GOODS, WARES OR MERCHANDISE 8-5 Declaration of a state of emergency ...... 2-255 8-8 Peddlers and solicitors requirements ..... 10-136 et seq. 8-52 See: PEDDLERS, CANVASSERS AND 8.2 SOLICITORS 8-34 GRADES, GRADING 8-9 Certain ordinances not affected by Code .. 1-7(6) Land development, street grades generally 9448 8-8 GRASS, LEAVES, UNDERBRUSH, ETC. Land development requirements re grass. 9460 1-2 HANDBILLS Signs and advertising regulations gener- ally ............................... 16-26 et seq. See: SIGNS AND ADVERTISING HEDGES. See: FENCES, WALLS, HEDGES AND ENCLOSURES HOSPITALS 18-29 Noise provisions ........................ 13-28 HYDRANTS. See: FIRE PREVENTION AND 1-2 PROTECTION Supp. No. 2 3107 WINTER SPRINGS CODE Section l 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 INDECENCY AND OBSCENITY Adult entertainment establishments Ohcccnity not pormittod .............. 10-95 INTERIM SERVICE FEES Provisions, 6-250 et seq. See: BUILDINGS INVENTORIES City -owned property inventory........... 2-192 IRRIGATION SYSTEM Reclaimed water system ................. 19436 et seq. See: UTILITIES KENNELS See: ZONING L LAKES Littering. 13-2 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 ......... 9-205 Building on lots, required improvements to be completed prior to; exception..... 9478 Certain data to be submitted prior to in- stallation of improvements ......... 9-177 Comprehensive plan .................... 15-26 et seq. See: PLANNINGAND DEVELOPMENT Supp. No. 2 3108 Section LAND DEVELOPMENT (Cont'd.) Concurrency administration and evalua- tion procedure Appeal procedures Appeal notice and hearing.......... Appeal of city commission. Notice of appeal ................... Concurrency administration 9-541 9-542 9-540 Concurrency certificate ............. Concurrency review ................ Conditional approvals .............. Development review committee ..... Level of service standards (LOS) 9-533 9-531 9-532 9-530 Introduction ....................... LOS .............................. Parks and recreation LOS .......... Potable water LOS. . ............... Solid waste LOS ................... Storm water LOS .................. Transportation LOS, V 4 a 9 a 4 0 0 1 4 6 0 6 Overview and exemptions 9-510 9-513 9-514 9-511 9-512 9-515 9-516 A\ nlirafinn ra„hmiffal Change of use ..................... Definitions ........................ Demolitions ....................... Purpose of concurrency evaluation .. Curbs q_509 9-504 9-501 9-505 9-500 Inlets, S 4 4 0 4 0 4 0 * 4 0 # 4 0 0 0 a 0 6 0 0 0 0 4 4 V 0 4 0 * a Required improvements ............... Sections, alternate, ................... Defmitions ............................. Design and certification of improvements, 9-300 9-223 9-301 94 responsibility for ................... Design standards 9-176 Alternate curb sections ............... Classification ........................ Curb inlets .......................... Drainage ditch fence is required, when. 9-301 9-146 9-300 9-106 Driveway entrances .................. Entire tract to be used; landlocked areas 9-229 prohibited ...................... Generally ............................ Lots and blocks 9402 9-101 Clearing of rights -of --way ........... General requirements .............. Lot dimensions; minimum street front- 9-129 9426 age .........................0 Lots not to be divided by municipal 9427 boundaries ................... Open drainage ditches; storin sewers .. Public sites and open spaces, exception 9-128 9405 9-103 Septic tanks ......................... Streets and alleys 9-107 Access streets, paving of............ Alleys ............................. Cul-de-sac; dead ends .............. Easements ........................ General layout; connections with ex- 9450 9458 9-152 9459 isting streets ................. Grades generally. . a 9453 9-148 CODE INDEX Section Section LAND DEVELOPMENT (Cont'd.) LAND DEVELOPMENT (Cont'd.) Grassing, mulching, sodding........ 9460 Police public safety facilities .....sass . 9-391 et seq. Half streets ....................... 9454 Transportation impact fees............ 9-386.1 et seq. Intersections ...................... 9455 Inspections and tests.................... 9-179 Minimum rights -of --way and paving Interim service fees ..................... 6-250 et seq. width ........................ 9-147 Irrigation utilizing reclaimed water system 19436 et seq. Naming streets .................... 9-298 See: UTILITIES Paved, streets and alleys to be...... 9449 Lots and blocks Paving costs ....................... 9451 Clearing of rights -of -way.............. 9-129 Paving of access streets ............ 9450 General requirements ........asses... 9-126 Private streets ..................... 9-157 Lot dimensions; minimum street front,, Street names ...................... 9-156 age............... ........ 9427 Typical street sections .............. 9-296 Lots not to be divided by municipal Utilities services to be underground, ex- boundaries......... a 0 0 a 6 ...... 9-128 cepti......................... 9-104 Maps, engineering plans and plats to be Valley gutters ........................ 9-297 submitted in preliminary and final Developer responsibility and control...... 9-181 Drainage form .............................. 9-26 Facilities ............................ 9-242 Monuments .....................asses.. 9-180 Fence required for ditches, when .sass . 9406 Nonplatted property, sale of ............ 0 9-2 Open drainage ditches; storm sewers .. 9-105 Off-street parking and loading Storm water management, a 4 0 a 0 9 9 0 0 a 4 4 9-241 Commercial vehicles.................. 9-279 Driveways Definitions, .......................... 9-276 Entrances ........................... 9-299 General provisions for off-street parking 9-278 Generally ............................ 9-222 Off-street parking requirements....... 9-277 Easements Platted property, dividing, a 0 9 0 * 9 0 a 4 0 a * a a a 9-3 Design standards. a 0 0 a 0 0 a a * a a 0 * 4 4 * # a 0 a 9-159 Police public safety facility impact fee Required improvements, a s # 0 4 0 a a 9 a a a a a 9-223 Appeal .............................. 9-391.12 Enforcement and penalties ............. 4 94 Applicability and exemptions.......... 9-391.3 Entire tract to be used; landlocked areas Capital expansion plans .............. 9-391.8 prohibited ........................4 9-102 Credits .............................. 9-391.6 Final development plan, final plat Definitions ........................... 9-39L2 Action on final development plan; expi- Determination of fee amounts ......... 9-391A ration of approval ............... 9-74 Establishment of a trust fund ......... 9-391.7 Approval of final plat.. . &***as a * 94 *#as 9-77 Levy and purpose .................... 9-391.1 Bonding procedures .................. 9-76 Payment of fees ...................... 9-391.5 Final plat, contents and recording pro- Penalty for violation .................. 9-391.11 cedures ......................... 945 Refunds ............................. 9-391.9 Form and contents of final development Vested rights......... Game 9-391.10 plan ............................ 943 Preliminary plan Processing of final plans .............. 9-72 Action on preliminary and plan by city Recording/distribution of the final plat. 9-78 council ......................... 9-47 When final development plan is to be Approval of preliminary plan to be con. filed; extension .................. 9-71 strued only as authority to submit Fire public safety facility impact fee final plan, ...................... 9-49 Appeal ............................. 4 9-396.12 Filling and contents of preliminary map Applicability and exemptions.......... 9-396.3 and plan ........................ 946 Capital expansion plans .............. 9-396.8 Reasons when preliminary plan is dis- Credits. ............................. 9-396.6 approved; conditional approval ... 948 Definitions ........................... 9-396.2 Public sites and open spaces, exception ... 9-103 Determination of fee amounts ......... 9-396A Required improvements Establishment of a trust fund ......... 9-396.7 Adequate access to building sites ...... 9-178 Levy and purpose .................... 9-396.1 Bridges.............................. 9-205 Payment of fees ...................... 9-396.5 Building on lots, required improvements Penalty for violation .................. 9-396.11 to be completed prior to; excep- Refunds ............................. 9-396.9 tions ........................... 9478 Vested rights; exemptions ............ 0 9-396.10 Certain data to be submitted prior to Gutters ................................ 9-223 installation of improvements..... 9477 Impact fees Curbs, gutters, easements, a 0 0 a 4 0 0 * ease 9-223 Fire public safety facilities ............ 9-396 et seq. Developer responsibility and contro... 9481 Supp, No. 2 3109 LAND DEVELOPMENT (Cont'd.) Drainage Drainage facilities ................ . Storm water management ......... . Driveways .......................... . Fire hydrants in operation ............ Inspections and tests ................. Monuments .......................... Off-street parking and loading Commercial vehicles ............. 4 . Definitions ........................ General provisions for off-street park- ing........................... Off-street parking requirements ... . Responsibility for design and certifica- tion of improvements ........... . Sidewalks. as 90 0 so 0 bs*o&oes soot as Dome* Streets Markers, a * 0 0 0 4 0 4 0 4 0 A 0 0 t 1 0 0 a 9 a a a a a a Roadway base materials, standards for........................... Streetlights and traffic signs....... . Surfacing of streets, standards for . . Utilities; requirements for water and sewer systems. a 0 0 a 4 . Water and sewer systems, requirements far............................. Septic tanks ............................ Sewer systems, requirement for......... . Sidewalks .............................. Site plan review Site plan review board Appeals........................... Clerical support and records ....... . Creation .......................... Duties............................ Meetings .........................9 Procedures, regulations and fees ... . Prohibitions ....................... Purpose; composition ............... Violations, penalty ................ . Soil, rock, etc., removal. . r a S 0 a 0 a a 9 0 9 9 4 4 6 . Streets and alleys Access streets, paving of. * 6 6 0 6 a 0 a 0 4 4 * . Alleys..............................a Classification ........................ Cul-de-sacs; dead ends, a 6 0 4 4 * S 6 0 0 0 a a # * Easements ........................... General layout; connections with exist- ing streets ...................... Grassing, mulching, sodding ......... . Half streets. 0 a 0 a a 0 4 0 & 0 S a 4 S S & S a 0 a d a 0 0 0 Intersections ........................0 Minimum rights -of -way and paving width Naming streets ....................... Paved, streets to be... ds*94**S449 Paving costs ......................... Paving of access streets... a Sees Data Sea Private streets ....................... WINTER SPRINGS CODE Section Section LAND DEVELOPMENT (Cont'd.) Required improvements 9-242 Roadway base material, standards for 9-201 9-241 9-222 9-178 9-179 Street markers .................... Streetlights and traffic signs........ Surfacing of streets, standards for .. Roadway base materials, standards for 9-203 9-204 9-202 9-201 9-180 9-279 9-276 9-278 9-277 Street grades, generally. a 6 6 0 4 a a 0 6 a 0 9 a Street markers ....................... Street names ......................... Streetlights and traffic signs ..... Dome . Surfacing of streets ................... Typical street sections ................ Subdivision requirements, waiver to...... Transportation impact fees 9-147 9-203 9456 9-204 9-202 9-296 94 9-176 9-221 Appeals of impact fee determinations .. Authority and applicability............ Building permits 9-386.21 9-386.1 9-203 9-201 9-2U4 9-202 9-261 9-261 9-107 9-261 9-221 Limitations on issuance of.......... Credits .............................. Definitions ........................... Exemptions., ... 0 0460 0*4*4 POE 0*64 0 at 6 Impact agreement .................... Independent impact fee calculation .... Intent and purpose ................... Penalty .............................. P esufirrption Of inaximum impact...... Return of funds ...................... Review .............................0 Road impact fees 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 9-348 9-343 9-341 9-347 9-344 9-345 9-346 9-342 9-349 9-8 Collection of fee assessments ...... 9 Determination of. a a 0 a 0 a a 6 a 6 # 0 0 6 a * 0 9 Rate schedule ..................... Total road impact fee calculations ... Rules of construction ................. Short title ........................... Site -related road improvements ...... f Trust fund, establishment of .......... Use of funds collected, . 6 0 * a 0 0 0 0 W & * a a 0 a Vested rights ......................... Uniform building numbering system ..... See: BUILDINGS 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. Utilities 9-150 9458 Services to be underground, exception . Water and sewer systems, requirements 9-104 9-146 9452 9-159 9-153 for ............................. Valley gutters .........................4 Variances .............................. Appeals from granting of. . 4 V 4 4 6 0 a 1 0 P 6 0 Vested rights 9-261 9-297 9-5 9-6 9460 9454 9455 9447 9-298 9-149 Appeals. . 0 a 0 0 & a a 0 * 6 0 a 0 a 9 0 0 a a F 0 & a F 0 a 1 0 Application for special use permit ..... Determining, standards for ........... Intent ............................... Limitations on determination ......... Water and sewer systems, requirements 9-402(b) 9402(a) 9-403 9401 9-404 9-151 9450 9457 for...............................6 Zoning regulations ...................... See: ZONING 9-261 20-1 et seq. Supp. No. 2 3110 CODE INDEX Section Section LICENSES AND PERMITS MINORS Adult entertainment establishments ..... 10-68 Adult entertainment establishments Awnings, permit for erection over side- Admission of minors .................. 10-65 walks ............................. 17-51 et seq. Sales to.............................. 10-67 See: STREETS AND SIDEWALKS Alcoholic beverage sales near schools pro. Dance hall permit, a 0 a 9 d 0 6 a a 0 0 9 1 * a 0* a 0 6 a 6 10-111 hibited ............................ 34 Excavation permit ...................... 17-76 Secondhand precious metals, dealing with Fences, walls, hedges, permits ........... 6486 persons under age eighteen years pro,, Flood damage control development permit 8-33 hibited ............................ 10455 Industrial wastewater contribution permit 19-52 Occupational license taxes MOBILE HOMES AND MOBILE HOME Delinquency penalty established....... 10-32 PARKS License taxes established ............ 6 10-29 Zoning regulations for trailers and mobile License year established .............. 10-27 homes............................. 20-91 et seq. Limitation on term; half -year licenses.. 10-28 See: ZONING Required. . a 4 4 a 6 a a 0 a a # a 0 6 a 9 a a 0 * 4 0 4 0 * 0 a 10-26 MONTH Revocation ........................... 10-31 Definitions and rules of construction ..... 1-2 Transfer of license .................... 10-30 Peddlers and solicitors permit ........... 10436 et seq. MONUMENTS See: PEDDLERS, CANVASSERS AND Land development monuments........... 9480 SOLICITORS Sign permit ............................ 16-53 et seq. MOTELS. See: HOTELS AND MOTELS See: SIGNS AND ADVERTISING Street and sidewalk permit .............. 17-1 et seq. MOTOR VEHICLES AND TRAFFIC See: STREETS AND SIDEWALKS Abandonment Vested rights special use permit ......... 9402 Impoundment and redemption ........ 12-54 Prohibited ........................... 12-53 LIENS Adoption of state law, . t 6 6 0 6 a a a a 0 0 0 4 a a 12-2 Code enforcement board lien, a 0 0 9 a 4 t a * a a 9 2-62 Buses Application for satisfaction or release of 2-61.5 Stands, use of ........................ 12-68 LIQUOR. See: ALCOHOLIC BEVERAGES Citations Alteration or destruction .............. 12-32 LITTERING Failure to obey ....................... 12-31 Nuisance provision, a a 0 a 4 6 a 6 a a 0 a 0 0 * 4 4 4 4 4 a 13-2 Issuance............................. 12-29 Streets, sidewalks, etc., littering ......... 17-28 Cleaning, repairing vehicles on roadway.. 12-66 LOCAL IMPROVEMENTS. See: PUBLIC Definitions ............................. 124 Fines for violations ..................... 12-30 WORKS AND IMPROVEMENTS Gongs, sirens on vehicles, noise provisions 13-32 LOUDSPEAKERS Handbill distribution on or in vehicles.... 16-28 Noise provisions ........................ 13-301 13-31 Impoundment Illegally parked or abandoned vehicles, M impoundment and redemption of . 12-54 Intersections MANUFACTURED HOUSING Fences, etc., limitations re ............ 6-191 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 Definitions and rules of construction ..... 1-2 Code, . 0 9 4 * # 0 0 4 * 4 6 0 * 6*4900**** 1-7(14) Land development MAYOR Off-street parking and loading ........ 9-276 et seq. Election proclamation ................... 2-82 See: LAND DEVELOPMENT MECHANICAL CODE Mobile homes to be parked in mobile home Code adopted ........................... 6-146 parks; exception ................... 12-70 Definition .............................. 6447 Off-street parking and loading Fees ................................... 6449 Generally............................ 12-69 Inspection. a * * P # I a a a 4 * * 0 9 6 1 a a a 4 0 4 0 0 a a 0 0 0 6448 Land development requirements....... 9-276 et seq. See: LAND DEVELOPMENT MERCHANDISE. See: GOODS, WARES OR Zoning regulations .................. 0 20-128 et seq. MERCHANDISE See: ZONING Supp. No. 2 3111 MOTOR VEHICLESAND TRAFFIC (Confd.) 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, 4 0 * 6 m 0 * 4 m 0 0 4 * 4 0 m t a & 0 a 9 0 0 Obedience to signs, markings ........ . Off-street parking and loading Land development requirements ... . See: LAND DEVELOPMENT Zoning regulations ................. See: ZONING Prohibitions, generally.. me sea 9 boost too Stop intersections Certain ordinances not affected by Code. 6 0 6 4 0 m * 4 4 4 t 0 4 0 0 Police department Chief of police, duties and powers of re operation and parking of vehicles. Citation Alteration or destruction of......... Failure to obey .................... Issuance of ........................ Referral of parking violations to hear- ing officer........... Duties to regulate motor vehicles and traffic .......................... 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......................... Stands, use of..... me a 0 so*F*om memo &Dos Traffic violation bureau, powers and duties of................................. Traffic -control signs, signals and devices Certain ordinances not affected by Code Land development; streetlights and traf- fic signs ........................ Obedience to ......................... WINTER SPRINGS CODE Section Section MOTOR VEHICLES AND TRAFFIC (Cont'd.) Truck routes 14(14) Certain ordinances not affected by Code 14(14) Violations, fines for ..................... 12-30 12-68 Referral of parking violations to hearing officer .......................... 12-33 12-27 Zones 12-66 Loading and unloading zones.......... 12-69 Zoning regulations for motor vehicles..... 20431 et seq. 12-54 See: ZONING 9-276 et seq. MULCHING Land development requirements ......... 9460 12-69 N 12-70 NOISE Animals, birds ......................... 0 13-34 1-7(14) Disorderly conduct ...................... 13-27 12-67 Drums, loudspeakers, etc, ............... 13-30 Gongs, sirens on vehicles ................ 13-32 y,,Z I b et seq. iv ec rauicai iuudsveakers, aiuyiiiiei6 . . . . . 13-u1 Peddlers, hawkers, vendors .............. 13-28 20-128 et seq. Prohibited generally .................... 13-26 Radios, phonographs, etc., playing ....... 13-33 12-65 School, church, hospital zones ........... 13-28 NUDITY 14(14) Nudity prohibited upon alcohol licensed premises and bottle clubs........... 340 NUISANCES 12-27 Duty of owners of buildings to keep sur- rounding property clean; notice; fails, 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 ..................... 134 12-33 Littering ............................... 13-2 Noise .................................. 13-26 et seq. 12-26 See: NOISE 12-30 Objectionable, unsightly or unsanitary mat- ter upon property within city ....... 13-2(c) 12-28 Procedure for city enforcement of non- 12-51 imminent hazards ................. 134 Stagnant water ......................... 13-2(c) 1-7(14) Swimming pool nuisances ............... 6-222 12-52 Weeds, undergrowth or other dead or living plant life .......................... 13-2(c) NUMBER 1-7(13) Definitions and rules of construction ..... 1-2 12-68 12-28 0 OATH,AFFIRMATION,SWEAR ORSWORN 1-7(14) Definitions and rules of construction ..... 1-2 9-204 OBSCENITY. See: INDECENCY AND OB- 12-67 SCENITY Supp. No. 2 3112 OFFENSES Assessment and collection of court costs; use............................... Certain ordinances not affected by Code . . City -owned shade trees, injuring ........ . Civil infractions, schedule of. . * # . Code does not affect prior offenses, etc... . Firearms, discharging or brandishing ... . Repeal of ordinances, effect of........... . State misdemeanors adopted; penalty ... . 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. . ffidffi.*44* a 0 0 0 Election supervisor ..................... Emergency management director ....... . Fire chief.. 9 4 0 a 0 0 * a 4 s 4 0 a * 4 * 4 a * 4 0 9 * 4 0 Deputy fire chief ..................... Floodplain administrator ................ See: FLOOD DAMAGE PREVENTION Old age and survivors' insurance Adoption of title II social security act . . Contribution ......................... Custody of fund ..................... . Execution of agreement ............. a . Extension of benefits ................ . Record. . 0 & 0 0 * a a * * 0 P 0 * Pension plan Adopted............................. Board of trustee ..................... . Personnel rules or regulations Certain ordinances not affected by Code Policy, rules and regulations ............ . Recall of elected officials ............... . OFFICIAL TIME Definitions and rules of construction .... . OLD AGE AND SURVIVORS INSURANCE. See: OFFICERS AND EMPLOYEES OPEN-AIR BURNING Regulated .............................. 0 PAPER Littering ............................... PARKS AND RECREATION Adult entertainment establishments Prohibited locations. Supp. No. 2 CODE INDEX Section 11-2 1-7(1) 11-4 2-69.4 1-9 11-5 1-8 114 11-3 6-5 et seq. 1-7(18) 5-2 2-59 2-67 et seq. 1-15 1-2 7-4 2-81 2-253 et seq. 7-3 7-4 8-31 et seq. 14-30 14-28 14-31 14-27 14-26 14-29 Section PARKS AND RECREATION (Cont'd.) Concurrency administration and evalua- tion procedure Level of service standards (LOS) for parks and recreation ............ 9-514 Public grounds Definitions and rules of construction... 1-2 Use of city athletic facilities; fees ........ 2-2 PEDDLERS, CANVASSERS AND SOLICI- TORS Alcoholic beverage vendors in the town ... 3-2 At-home sales .......................... 10-137 Noise provisions ........................ 13-29 Transient or itinerant solicitors; permit required; prerequisite to issuance ... 10-136 PENSIONS AND RETIREMENT Officers' and employees' pension plan .... 14-51 et seq. See: OFFICERS AND EMPLOYEES PERFORMANCE BONDS. See: BONDS, SURETY OR PERFORMANCE PERSON Definitions and rules of construction .... . PHONOGRAPHS Noise provisions ...................... 0 . 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 ........ . City commission transmittal public hear- ing............................. Department of Community Affairs com- ments .........................0 Effectiveness of the adopted amend- 1_2 Exemptions .......................... Initiation of amendments ............ . Local planning agency review and rec- ommendation .................. . Review 7-26 Criteria. Procedure ......................... Small scale amendments .............. Transmittal of adopted amendment to the Department of Community Af- 13-2 fairs ............................ Land development ...................... See: LAND DEVELOPMENT Master beautification plan .............. . 10-58 See also: BEAUTIFICATION BOARD 3113 15-26 15-28 et seq. 15-27 15-29 PLANNING AND DEVELOPMENT (Cont'd.) Zoning regulations generally. . See: ZONING WINTER SPRINGS CODE Section PROPERTY (Cont'd.) 20-1 et seq. Real estate signs. . . PLATINUM Secondhand precious metals ............. 10-151 et seq. See: SECONDHAND PRECIOUS MET- ALS PLATS. See: SURVEYS, MAPS AND PLATS PLAYGROUNDS Littering ............................... 13-2 PLUMBING Cross -connection control, backflow preven- tion ............................... 19451 et seq. See: UTILITIES Fees................................... Inspection..... .. softest *Mod see 6 6 *at a of 6 Plumbing code adopted .................. Swimming pools, plumbing requirements re. . 0 0 0 a F I a 0 1 6 6 9 6 4 6 0 0 0 6 $ 0 9 6 6 $ 0 a & s 4 6 'Perms defined .......................... POLICE DEPARTMENT Emergencies, police .................... . Police public safety facility impact fee ... . See,: LAND DEVELOPMENT Trafc 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.. . Arbor regulations applicable to privately held property ...................... City -owned personal property Definition, . 4 * 9 s * 0 0 0 6 6 0 0 0 0 4 6 0 v 6 4 s 0 0 4 0 h 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 ............................. Official green plan for public property ... . 6-129 6-128 6-126 2-262 9-391 et seq. 12-26 et seq. 1-2 2-1 5-3 PUBLIC PLACES. See: STREETS AND SIDE- WALKS PUBLIC SERVICE TAX. See: TAXATION PUBLIC WORKS AND IMPROVEMENTS Code violation Penalty by labor on city works ....... . Department of public works City forestry office, . 0 t 0 0 s 4 0 * s 0 0 0 0 4 4 0 a 6 Land development required improvements See: LAND DEVELOPMENT Local improvements Certain ordinances not affected by Code PURCHASING. See: FINANCES i1616e pi-0 7i81GII6 ........................ RATIONING Declaration of a state of emergency ..... . REAL ESTATE Sigh.................................6 RECLAIMED WATER SYSTEM. See: UTILI- TIES RECREATION. See: PARKS AND RECRE- ATION RETIREMENT. See: PENSIONS AND RE- TIREMENT ROCKS Land development rock removal ........ . RUMMAGE SALES At-home sales ......................... . S SCHOOLS Adult entertainment establishments Prohibited locations .................t Alcoholic beverage sales prohibited near . . oise provisi Nons . . .................... . . SECONDHAND PRECIOUS METALS 2-191 Dealing with persons under age eighteen 2-194 years prohibited ................... 2-192 Definitions ............................. 2-193 Minors 2-194 Dealing with persons under age eight, 1-2 teen years prohibited............ Storage of articles during waiting period . Transactions, register of. f s 0 * a 0 0 9 0 a 6 4 a 0 s . 16-27 Waiting period prior to disposal of certain 5-4 property ........................... Supp. No. 0 3114 Section 5-2 9-176 et seq. �n nn lU-UU 2-255 10-155 10-151 10-153 CODE INDEX Section SECURITY ALARM Provisions generally, . 0 0 * * . * 0 0 0 4 a 0 a 9 a # 6 0 6 13-51 et seq. See: ALARMS, ALARM SYSTEMS SEMINOLE COUNTY. See: COUNTY SEPTIC TANKS Land development, septic tank require- ments............................. Wastewater system, private septic tanks re SEVERABILITY Severability of parts of Code ............ . SEWERS. See: UTILITIES SHALL, MAY Definitions and rules of construction .... . 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. . a 9 0 4 a d 4 V a 0 0 0 a 0 0 Bench signs ............................ Building permit required ............... . Construction signs... ... 0 Definitions ............................. Directional signs, . * # * 6 0 V a a M 0 s 0 4 0 9 9 4 6 0 a 4 Garage sale signs ...................... . Handbills and procedures, distribution of Aiding and abetting prohibited ....... . Exemptions from provisions .......... . Findings of fact ..................... . Granting of variances, . a * 0 * 0 . 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, 04 60 to st Political signs ......................... . Prohibited signs ........................ Purpose and intent ..................... Real estate signs, . 0 * a & Standards generally, 0 0 Traffic signs ...... ...................... Variances .............................. Weather. ............................... Section SILVER Secondhand precious metals ............. 10451 et seq. See: SECONDHAND PRECIOUS MET- ALS SIRENS Noise provisions ....................... . 9-107 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 ................. . 16-27 68 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 Supp. No. 2 3115 T WATER Property owner responsibility re ....... 0 . STATE Definitions and rules of construction .... . Florida Building Code, administrative amendments to. See: BUILDINGS Florida Fire Prevention Code, local amend. mentto........................... See: FIRE PREVENTION AND PRO- TECTION STORAGE Temporary storage structures............ 1-2 7-46 et seq. STORMWATER Stormwater management utility ......... 19-161 et aeq. See: UTILITIES STREETS AND SIDEWALKS Access control .......................... 17-29 Code violation Penalty by labor on street. . 0 4 # 6 6 a * * * 0 0 1-15 Dedicating, naming, establishing, etc., streets Certain ordinances not affected by Code 1-7(5) Definitions and rules of construction ..... 1-2 Excavations Barricades, erection and lighting of.... 17-80 Bond required, . 0 * 0 0 6 4 4 # 9 a a a * I V 6 0 0 a s 17-77 Duty and liability of permit holder..... 17-79 Erection and lighting of barricades .... 17-80 Inspection ........................... 17-78 Permit required ...................... 17-76 Fences, etc., limitations for streets ....... 6491 Fire plugs Official green plan for public property, distance from fire plug........... 54 Flood damage control ................... 8-2 Grades Certain ordinances not affected by Code 14(6) WINTER SPRINGS CODE Section Section STREETS AND SIDEWALKS (Cont'd.) SUBDIVISIONS (Cont'd.) Handbill distribution in public places pro- Planned unit developments, subdivision plan 20-83 et seq. hibited ............................ 16-29 See: ZONING Intersections, obstruction of vision at..... 17-30 Zoning regulations generally ............. 20-1 et seq. Land development requirements for streets, See: ZONING alleys, bridges, etc.. 0 0 1 9 a 0 0 a 0 a 9 a 0 F 0 9 9-146 et seq. SUBSCRIPTION, SIGNATURE See: LAND DEVELOPMENT Definitions and rules of construction ..... 1-2 Littering Generally..... .... 0 am 00*0s6seasoo a be 9 13-2 SUITS, ACTIONS AND OTHER PROCEED,, Prohibited ........................... 17-28 INGS Locating, opening, paving, etc., streets Repeal of ordinances, effect of............ 1-8 Certain ordinances not affected by Code 1-7(5) SURETY BONDS. See: BONDS, SURETY New street; permit required ............. 17-26 OR PERFORMANCE Obstructions Street intersections, vision at ......... 17-30 SURVEYS, MAPS AND PLATS Streets and sidewalks; permit required 17-1 Certain ordinances not affected by Code .. 14(10) Official green plan for public property; dis- Land development platting requirements. 9-1 et seq. tance from curb and sidewalk....... 54 See: LAND DEVELOPMENT Permits Zoning map Awnings erected over sidewalks, per- Certain ordinances not affected by Code l-7(15) mits re ........................1 17-51 et seq. Working maps and procedures......... 20-102 See herein: Sidewalks SWEAR OR SWORN. See: OATH, AFFIRMA- Excavation permits TION, SWEAR OR SWORN Duty and liability of permit holder .. 17-79 Generally ......................... 17-76 SWIMMING POOLS New street; permit required........... 17-26 Code adopted ..........................6 6-210 Obstructing streets and sidewalks; per- C011111ct i;Ail deed I01;WIctions ........... 6-223 mit required .................... 17-1 Contractor's qualifications ............... 6-214 Public places Definitions ............................. 6-211 Definitions and rules of construction... 1-2 Design and construction requirements.... 6-216 Rights -of --way permit fee election......... 18-31 Electrical requirements ................. 6-220 Sidewalks Enclosure required, a 6 6-217 At-home sales ........................ 10-137 General construction provisions for cons, Definitions and rules of construction ... 1-2 crete pools, a a a 0 P 4 0 0 *4000ma 0 *@a 0 P 4 a a 6-218 Land development requirements....... 9-221 Inspection .............................. 6-213 Official green plan for public property, Nuisances., .... OEM 04 4 P a 0 4 0 0 0 4 4 4 0 0 * 4 a a a a 6-222 distance from sidewalk .......... 54 Owner's privilege ....................... 6-215 Permit for erection of awnings, etc., over Permit sidewalks Application; plans and specifications ... 6-212 Fee ..............................9 17-52 Plumbing requirements ................. 6-221 Required; application .............4 17-51 Stagnant water......................... 13-2(c) Transportation impact fees ............. a 9-386.1 et seq. Yards .................................. 6-219 See: LAND DEVELOPMENT Trees and shrubbery, removal prohibited . 17-28 T Uniform building numbering system ..... 9-370 et seq. TAXATION See: BUILDINGS Certain ordinances not affected by Code .. 1-7(7) Unsafe buildings, closing streets for vacat- Interim services fee ..................... 6-250 et seq. ing................................ 6-169 See: BUILDINGS Vacating and abandoning streets and al- Local improvements assessments leys ..............................9 17-27 Alternative method................... 18-94 Violations, penalties. . 0 0 a 6 a 6 0 0 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 ....... a 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 .......... Mass 18-84 Land development ...................... 9-1 et seq. Method of collection................ 18-81 See: LAND DEVELOPMENT Responsibility for enforcement ...... 18-83 Supp. No. 2 3116 TAXATION (COnt'd.) Definitions.. . General findings ..................... Interpretation; title and citation .papa. . Issuance of obligations Anticipation notes ................ . General authority .................. Refunding obligations ............. . Remedies of holders ............... . Taxing power not pledged ......... . Temporary obligations, . 4 0 a . Terms of the obligations ........... . Trust funds, . 9 4 6 4 s 0 4 0 a s a 0 M Variable rate obligations .......... . Local improvement assessments Adoption of final local improvement assessment resolution, ....... . Annual local improvement assess- ment resolution .............. . Authority ......................... Correction of errors and omissions . . Effect of local improvement assess- ment resolutions,.* so** boas 0*0 Initial local improvement assessment resolution .................... Lien of assessments ................ Local improvement assessment roll . Notice by Mail. . Publication ..................... Procedural irregularities ........... Revisions to ....................... Related service assessments Adoption of final related service as- sessment resolution .......... . Annual related service assessment res- olution ....................... Authority ..................pass... 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 .......................... Interest and penalties ............... . Levy................................ Rights -of -way permit fee election. . Seller's records ....................... CODE INDEX Section Section TAXICABS. See: MOTOR VEHICLES AND 18-51 TRAFFIC 18-53 18-52 TELEGRAPH Public service tax ....................... 18-26 et seq. 18-89 See: TAXATION 18-85 TELEPHONES 18-93 Emergency telephone number............ 13-55 18-92 Flood damage control. 8-2 18-90 Public service tax ....................... 18-26 et seq. 18-88 See: TAXATION 18-86 18-91 TELEVISION 18-87 Dish antenna ........................... 6-83 TERRITORY 18-62 Annexations Certain ordinances not affected by Code 1-7(9) 18.63 THEATERS 57 18- 18-57 Adult entertainment establishments ..... 10-56 et seq. 68 See: ADULT ENTERTAINMENT ES" 18-64 TABLISHMENTS TIN CANS 18-58 Littering ............................... 13-2 18-65 18-59 TRAFFIC. See: MOTOR VEHICLES AND TRAFFIC 18-61 TRAILERS. See: MOBILE HOMES AND MO. 18-60 BILE HOME PARKS 18-67 18-66 TRASH. See: GARBAGE AND TRASH TREES AND SHRUBBERY 18-74 Arbor City forestry office. . 5-2 18-75 Enforcement ......................... 5-5 18-69 Intent and purpose; applicability; defini- 18 80 tions ........................... 54 Official green plan for public property . 54 18-76 Regulations applicable to privately held property ........................ 5-3 18-70 City forestry office ...................... 5-2 18-77 Injuring city -owned shade trees.......... 114 Land development 18-73 Clearing rights -of --way of trees ........ 9429 18-72 Official green plan for public property .... 54 18-79 Streets, removal of trees and shrubbery on 17-28 18-71 TRESPASSING Conditions constituting trespassing .papa. 11-3 18-78 18-28 U 18-27 UNSAFE BUILDINGS. See: BUILDINGS 18-30 18-26 UTILITIES 18-31 Charges. See herein: Rates, Fees and 18-29 Charges Supp. No. 2 3117 WINTER SPRINGS CODE Section Section UTILITIES (Cont'd.) UTILITIES (Cont'd.) Concurrency administration and evalua- Wastewater system tion procedure Accidental discharge protection........ 19-74 Level of service standards (LOS) ...... 9-510 et seq. Charges. See herein: Rates, Fees and See: LAND DEVELOPMENT Charges Cross -connection control, bael flow preven- Contaminants prohibited, . 19-72 tion Definitions ........................... 19-26 Administration ....................... 19-153 Discharges prohibited................. 19-71 Backfiow prevention devices Enforcement ......................... 19-53 Installation, testing and maintenance Enforcement board ................... 19-30 of ............................ 19455 Fees. See herein: Rates, Fees and Charges Changes to manual ................... 19-152 Industrial wastewater contribution per - Cross -connection violations and penal- mit ............................. 19-52 ties ............................. 19456 and monitoring Inspection Inspection and testing, right of access.. 19454 p g • See • • • • • • • • 19-51 Penalties and charges ................ 19-31 Intent ............................... 19450 Pretreatment .....................,.. 1943 Manual adopted by reference; compli- Private septic tanks ............. . .... 19-29 ance required ................... 19-151 Public sewers, required use of ...Fogg.. 19-28 Fees. See herein: Rates, Fees and Charges Rates, fees and charges Fences, walls, etc., for utility easement... 6-192 Annual rate review. 19-99 Flood damage prevention requirements re l,til;t;Pa ........ 19 98 A" ea s See: FLOOD DAMAGE PREVENTION Application requirements........... i9-i00 Garbage service to be provided for certain Billing, payment, delinquency ...... 19-97 tenants ........................... 19-1 Conservation methods............,, 19-94 Land development Definitions ........................ 19-91 Utilities services to be underground, ex- Intent. . 6 a 6 19-92 ception ......................... 9-104 Dnce hours....................... i9-i0i Water and sewer systems, requirements Penalties and charges., 19-31 for ............................. 9-261 Policy for bill adjustments for unex- Official green plan for public property, prox- plained excessive use.......... 19-98.5 imity of street trees to utility. 54 Revenue .......................... 19-95 Permits Sewerage revenue generation system Industrial wastewater contribution per- Accountant certification of ade- mit ............................. 19-52 quate maintenance....,.... 19429 Public service tax, ...................... 18-26 et seq. Accounts established ....... , .... 19426 See: TAXATION Deposits ........................ 19427 Rates, fees and charges Expenditures ................... 19-128 Wastewater system, . ............... 19-91 et seq. User charge See herein: Wastewater System Generally ....................... 19-96 Reclaimed water system Schedule, . 4 6 * 0 0 0 6 0 a 0 0 4 s & 0 0 4 s * 0 4 * 19-102 Definitions ........................... 19436 System ......................... 19-93 Inspection ........................... 19440 Septic tanks, private.................. 19-29 Rates and charges .................... 19438 Sewerage revenue generation system Routing and construction ............. 19-137 Accountant certification of adequate Service procedures, regulations .&...... 19-139 maintenance ................. 19429 Promulgation, enforcement of....... 19-139 Accounts established, .............. 19-126 Septic tanks Deposits ......................... 0 19427 Private septic tanks re wastewater sys- Expenditures ...................... 19-128 tem ............................ 19-29 Use of wastewater system............. 19-27 Sewers. See herein: Wastewater System Water shortage conditions and shortages Stormwater management utility Application of this article. 19-202 Adjustment of fees ................... 19-166 Definitions........................... 19-201 Billing, payment, penalties and enforce- Enforcement ............ . ............ 19-205 ment........................... 19-165 Exception............................ 19-206 Definitions. . 0 0 0 0 4 0 0 9 a 19-162 Implementation...................... 19-203 Fee created .........................0 19-163 Intent and purpose................... 19-200 Rates, schedule of .................... 19464 Penalties ............................ 19-207 Stormwater management utility fund .. 19-167 Water use constitutes acceptance of pro - Title ................................. 19-161 visions of the article... ... go of ... 19-208 Supp. No. 2 3118 UTILITIES (Cont'd.) Water uses, surcharges and factors con- sidered ......................... 0 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... to 4 4 Reclaimed water system ................ . See: UTILITIES Water shortage conditions and shortages . See: UTILITIES WATERWAYS AND WATERCOURSES Flood damage prevention ............... . See: FLOOD DAMAGE PREVENTION Littering ..............................a WEAPONS. See: FIREARMS AND WEAP- ONS WEATHER Weather emergencies .................... WEEDS Accumulation or untended growth of .... . WINE. See: ALCOHOLIC BEVERAGES WINTER SPRINGS. See: CITY WRITS, WARRANTS AND OTHER PRO- CESSES Subpoenas Code enforcement board powers ...... . CODE INDEX Section Section WRITTEN, IN WRITING Definitions and rules of construction. 1-2 19-204 Y YARD SALES At-home sales .......................... 10-137 YARDS AND OPEN SPACES Land development; public sites and open spaces ............................ 9-103 Swimming pools, yard requirements re ... 6-219 Zoning regulations generally, ............ 20-1 et seq. See: ZONING YEAR Definitions and rules of construction ..... 1-2 Z ZONING Actions to alter, etc ...................... 20-28 Adult entertainment establishments Generally ...........................0 10-57 Residential rezoning.. as 66*000 6*00 94*0 10-61 Animals...............................0 20-413 Basis for regulations and requirements herein set forth .................... 20-2 Board of adjustment 9-510 et seq. Appointment of chairman, vice-chair- man............................ 20-79 2-255 Compensation; allowances for expenses incurred in performance of duties. 20-80 20-415 Composition, appointment of members . 20-77 20-416 Creation ............................. 20-76 19-136 et seq. Duties and powers; generally.......... 20-82 Meetings; quorums; records to be kept . 20-81 19-200 et seq. Procedures ........................... 20-83 Term; filling vacancies; removal of mem- bers ............................ 20-78 Buffers 84 et seq. Residential wall buffers required ...... 20-417 Building area regulations 13-2 C-1 Neighborhood Commercial Districts 20-236 C-2 General Commercial and Industrial Districts ........................ 20-253 R-i One -Family Dwelling District ..... 20-185 R-lAA and R4A One -Family Dwelling 2-261 Districts... so 6*0 eat ego* GOOD 20465 R-lAAA Single -Family Dwelling Dis- tricts ........................... 20425 13-2(c) R-3 Multiple -Family Dwelling Districts 20-210 R-CI Single -Family Dwelling Districts . 20-145 R-U Rural Urban Dwelling Districts ... 20-270 T-1 Trailer Home Districts. 20-295 Building height regulations C4 Neighborhood Commercial Districts 20-235 R-1 One -Family Dwelling District ..... 20484 R-lAA and R-lA One -Family Dwelling 2-61 Districts ........................ 20-164 Supp. No. 2 3119 WINTER SPRINGS CODE Section Section ZONING (Cont'd.) ZONING (Cont'd.) R-lAAA Single -Family Dwelling Dis- R-CI Single -Family Dwelling Districts . 20441 et seq. tricts ........................... 20424 Restrictions upon lands, buildings and R-3 Multiple -Family Dwelling Districts 20-209 structures ...................... 20-103 R-CI Single -Family Dwelling Districts . 20444 R-T Mobile Home Park Districts....... 20-311 et seq. R-U Rural Urban Dwelling Districts ... 20-269 R-U Rural Urban Dwelling Districts ... 20-266 et seq. C-1 Neighborhood Commercial Districts T-1 Trailer Home Districts ............ 20-291 et seq. Building height regulations ........... 20-235 Town Center District Code ............ 20-320 et seq. Building site area regulations ......... 20-236 Division of city ........................ 6 20401 Conditional uses ..................... 20-234 Exceptions ............................. 20414 Front, rear and side yard regulations .. 20-237 Final development plan Generally ............................ 20-231 Alterations. .........................6 20-359 Nonconforming uses .................. 20-233 Planned unit development Part A...... 20-357 Off-street parking regulations ......... 20-238 Final engineering plan Uses permitted ....................... 20-232 Planned unit development Part B, ap- C-2 General Commercial and Industrial proval .........................6 20-384 Districts Final subdivision plan Building site area regulations ......... 20-253 Planned unit development Part B ..... 20-383 Generally ............................ 20-251 Alterations........................ 20-386 Uses permitted.... . 0 so peso 0 F a a a s 0 0 0 0 1 20-252 Flood damage prevention ..... , .......... 84 et seq. Certain ordinances not affected by Code .. 1-7(15) See: FLOOD DAMAGE PREVENTION Chnnnaa anri nmandmants............... 20-104 1 _ City commission, action of ............... 20-27 front yard regulations, see herein: Yards Code enforcement board ........... 2-56 et seq. and Open Spaces See: CODE ENFORCEMENT BOARD Gasoline stations ....................... 20418 Commercial vehicles defined ............. 20-432 GreeneWay Interchange Zoning District Comprehensive plan. 15-26 et seq. Buffers and walls. 20-336 See: PLANNING AND DEVELOPMENT 13uildirrg and screening design guidc- Conditional uses lines, . a 6 V 6 0 a 6 * a a a 6 0 a a 0 a 0 0 4 6 4 6 0 20-340 C-1 Neighborhood Commercial Districts 20-234 Building height ...................... 20-331 R-1 One -Family Dwelling District ..... 20483 Cross -access easements ............... 20-339 R-lAA and R-lA One -Family Dwelling Developer's agreement ................ 20-341 Districts ........................ 20463 General uses and intensities .......... 20-329 R-lAAA Single -Family Dwelling Dis- Land coverage ....................... 20-333 tricts ........................... 20-123 Landscaping......................... 20-335 R-3 Multiple -Family Dwelling Districts 20-208 Permitted uses, conditional uses, acces- R-CI Single -Family Dwelling Districts . 20-143 sory uses and structures, off-street R-U Rural Urban Dwelling Districts ... 20-268 parking and driveway requirements 20-334 Construction Prohibited uses ...................... 20-330 R-T Mobile Home Park Districts, appli- Purpose ........... . ................. 20-328 cation for construction ........... 20-317 Setbacks ............................. 20-332 Definitions. 20-1 Signs................................ 20-337 Districts Utility lines .......................... 20-338 C4 Neighborhood Commercial Districts 20-231 et seq. Interpretation, purpose and conflict ...... 20-5 C-2 General Commercial and Industrial Kennels .......... . ..................... 20415 Districts ........................ 20-251 et seq. Zoning............................... 20416 Changes and amendments ............ 20-104 Land development ...................... 94 et seq. Division of city ....................... 20-101 See: LAND DEVELOPMENT GreeneWay Interchange Zoning District 20-328 et seq. Lot coverage Official zoning map, working maps and R-1 One -Family Dwelling District ..... 20-187 procedures. a & 0 a 0 0 W 0 4 6 0 4 6 4 F 4 * s t 0 a 20402 R-1AA and R-lA One -Family Dwelling Planned unit development Districts ........................ 20-167 Part Am V 6 V 6 0 0 4 0 4 t 4 6 s a I s 9 0 0 a a & a & b 20-351 et seq. R-lAAA Single -Family Dwelling Dis- Part B ............................ 20-376 et seq. tricts........................... 20427 R-1 One -Family Dwelling District ..... 20-181 et seq. R-3 Multiple -Family Dwelling Districts 20-212 R-lAA and R-IA One -Family Dwelling R-Cl Single -Family Dwelling Districts . 20-147 Districts ........................ 20-161 et seq. R-U Rural Urban Dwelling Districts ... 20-272 R-lAAA Single -Family Dwelling Dis- Master plan tricts ........................... 20-121 et seq. Planned unit development Part B ..... 20-382 R-3 Multiple -Family Dwelling Districts 20-206 et seq. Alterations ........................ 20-385 Supp. No. 2 3120 CODE INDEX Section ZONING (Confd.) Motor vehicles Authorized commercial vehicles Limited -term parking permits ...... 20436 Residential areas, in ............... 20-434 Residentially zoned districts, in ..... 20435 Commercial vehicles defined .......... 20-432 Exempted vehicles, . * 0 4 # 0 0 0 6 0 a * 4 6 6 . # f 20437 Parking, storage or maintenance of cer- tain vehicles prohibited in residen- tially zoned districts ............. 20431 Storage, repair, etc., of disabled motor vehicles; approved ............... 20-433 Nonconforming uses re C-1 Neighborhood Commercial district ................ 20-233 Official zoning map, working maps and procedures ........................ 20-102 Off-street parking regulations C-1 Neighborhood Commercial Districts 20-238 R-1 One -Family Dwelling District ..... 20489 R-lAA and R4A One -Family Dwelling Districts ........................ 20469 R-lAAA Single -Family Dwelling Dis- tricts ........................... 20428 R-3 Multiple -Family Dwelling Districts 20-213 R-CI Single -Family Dwelling Districts . 20448 R-U Rural Urban Dwelling Districts ... 20-273 Parking, storage or maintenance of certain vehicles prohibited in residentially zoned districts ..................... 20431 Permits T4 Trailer Home Districts ............ 20-293 Permitted uses Planned unit development Part A. # 6 4 0 0 0 0 * a a . a 4 * a 4 a 0 * a a 0 a * a a 0 20-353 Part BE 0 * 0 0 0 a 6 4 V 9 a 0 4 4 4 4 4 a * 6 a 6 a 4660 20-379 Planned unit developments Part A planned unit development Appeal ............................ 20-362 Control of development following ap- proval after construction com- pleted ........................ 20-360 Definitions ........................ 20-351 Final development plan ............ 20-357 Alterations to ................... 20-359 Intent and purpose of district....... 20-352 Permitted uses .................... 20-353 Preliminary development plan ...... 20-356 Alterations to ................... 20-358 Procedure for approval ............. 20-355 Site development standards ........ 20-354 Time restrictions on approval, ...... 20-361 Part B planned unit development Appeal ............................ 20-389 Control of development following ap- proval after construction com- pleted ........................ 20-387 Definitions ........................ 20-376 Final engineering plan approval .... 20-384 Supp. No. 0 3121 Section ZONING (Cont'd.) Final subdivision plan, . * 0 6 6 0 1 a a 0 t a a 20-383 Alterations to ................... 20-386 Intent and purpose of district....... 20-377 Interpretation, purpose and conflict . 20-378 Master plan ....................... 20-382 Alteration to .................... 20-385 Permitted uses .................... 20-379 Procedure for approval of planned unit development, .. %o4O&o##4 as as as 20-381 Site development standards ........ 20-380 Time restrictions on approval....... 20-388 Planning and zoning board Assistants ........................... 20-58 Chairman, vice-chairman, appointment of .............................. 20-54 Compensation; allowances for expenses incurred in performance of duties. 20-55 Composition, appointment of members . 20-52 Created... .... 6*6V me go 000getoom ease 20-51 of Duties; general........ ... soos 4 a ad be a* 20-57 Meetings; quorum; records to be kept .. 20-56 Recommendations .................... 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 R4 One -Family Dwelling District Building height regulations ........... 20484 Building site area regulations ......... 20485 Conditional uses ..................... 20-183 Front, rear and side yard regulations .. 20-186 Generally ............................ 20481 Lot coverage ......................... 20487 Off-street parking regulations ......... 20489 Use, area and yard exceptions......... 20-188 Uses permitted.... .... too $so$ as so of 6 a 20482 R-1AA and 114A One -Family Dwelling Dis- tricts Building area regulations ............. 20-165 Building height regulations ........... 20464 Conditional uses ..................... 20463 Designation .......................... 20461 Front, rear and side yard regulations .. 20466 Lotcoverage ......................... 20467 Off-street parking regulations ......... 20469 Use, area and yard exceptions......... 20468 Uses permitted ....................... 20-162 R4AAA Single -Family Dwelling Districts Building area regulations ............. 20-125 Building height regulations ........... 20424 Conditional uses .................... a 20423 Designation .......................... 20421 Front, rear and side yard regulations .. 20-126 Lot coverage ......................... 20-127 Off-street parking regulations ......... 20-128 ZONING (Cont'd.1 Uses permitted ...................... . R-3 Multiple -Family Dwelling Districts Building area regulations ............ . Building height regulations .......... . Conditional uses ................... 0 . Designation .........................I Front, rear and side yard regulations . . Lot coverage ......................... Off-street parking regulations Sol o . Uses permitted ...................... . R-CI Single -Family Dwelling Districts Building area regulations ............ . Building height regulations .......... . Conditional uses ................... 4 . Designation, ....... a . Front, rear and side yard regulations . . Lot coverage ......................... Off-street parking regulations ....... 0 . Uses permitted ............ . ......... . Rear yard regulations. See herein: Yards anti nnPn gnacea Residentially zoned districts, parking, stor- age or maintenance of certain vehi- cles prohibited in ........ assets Restrictions upon lands, buildings and struc- tures .............................. Rezoning R-T Mobile Home Park Districts, appli- cation for rezoning .............9 Waiting period for ................... . R-T Mobile Home Park Districts Construction, application ............. Definition of terms .................. . Description of district, . P 6 0 a 0 4 4 a 1 0 6 0 4 6 1 Minimum development standards and requirements, . 0 a a 0 0 a 9 a a * 0 a 6 & 6 a P 6 Prohibited uses ...................... Rezoning, application, ............... . Special accessory uses ................ Special requirements ............... . . Uses permitted ....................... R-U Rural Urban Dwelling Districts Building height regulations .......... . Building site area regulations ....... 0 . Conditional uses .................... . Front, rear and side yard requirements Generally.. .. 0 Beggs a of to6#414 a# a 4 4 4 & 6 Lot coverage ......................... Off-street parking regulations ....... 0 . Uses permitted ...................... . Scope of provisions ...................... Side yard regulations. See herein: Yards and Open Spaces Site development standards Planned unit development PartAD I P a 9 9 a # F q I a a q 0 0 4 0 a 4 0 4 0 t a a a 6 PartB ............................ Special accessory uses R-T Mobile Home Park Districts...... . WINTER SPRINGS CODE Section Section ZONING (Cont'd.) 20-122 S.R. 434 corridor overlay plan Creation ............................. 20462 20-210 General design standards for new devel- 20-209 opment area 20-208 Applicability to new development over- 20-206 lay zoning district, . 0 4 0 P I k 0 0 1 0 9 20463 20-211 Buffers and walls ................. a 20469 20-212 Building and screening design guide,, 20-213 lines ......................... 20-473 20-207 Building height .................... 20-464 Corridor access management ....... 20-472 20445 Corridor design review board ....... 20-475 20-144 Development agreement............ 20-474 20443 Land coverage ..................... 20466 20441 Landscaping. 20 ...................... 20-468 -146 Off-street parking and driveway re- 20447 quirements................... 20-467 20448 Setbacks .........................6 20465 20442 Signs ............................. 20-470 Utility lines ....................... 20-471 Uenerai design standards for redevelop- ment area 20-431 Applicability to redevelopment over- lay zoning district. a a a 0 4 0 a a * 0 a a 20-480 20403 Buffers and walls .................. 20-485 ui uuig alid scrLuiiing desigii guiue- lines. ........................ 20-489 20-316 Building height .................... 20481 2-117 Corridor access management ....... 20488 Corridor design review board ......4 20491 20-317 Development agreement............ 20-490 20-311 Landscaping, . a a a 9 a a 9 9 aegis* 4040 4 & 4 20-484 20-312 Off-street parking and driveway re- quirements ................... 20483 20-318 Setbacks .........................0 20482 20-315 Signs ............................. 20-486 20-316 Utility lines ....................... 20-487 20-314 Intent, . 0 4 0 4 4 4 * 6 0 4 0 6 0 0 6 0 a 0 a a 6 6 a 0 0 6 6 20461 20-319 Storage, repair, etc., of disabled motor ve- 20-313 hicles;approved ................... 20433 T-1 Trailer Home Districts 20-269 Building site area regulations ......... 20-295 20-270 Description of district, . a a 0 0 a 0 & a 0 0 A 0 6 6 0 20-291 20-268 Minimum front, rear and yard regula- 20-271 tions ........................... 20-296 20-266 Permits. . 6 a 6 a * a 0 0 6 4 & a 0 1 a 0 0 a 0 a * 0 0 * a 9 a 0 20-293 20-272 Special requirements ................. 20-297 20-273 Uses permitted ....................... 20-292, 20-294 20-267 Telecommunications towers ............. 4 20-451 20-4 Trailers In residential areas. . a a a a & 4 6 a 0 4 6 a 0 4 V a 0 20-411 Uses ................................ 20-412 Use, area and yard exceptions R-1 One -Family Dwelling District ..... 20-188 20-354 R-lAA and R-lA One -Family Dwelling 20-380 Districts ........................ 20468 Uses permitted 20-314 C-1 Neighborhood Commercial Districts 20-232 Supp. No. 2 3122 CODE INDEX Section ZONING (Cont'd.) C-2 General Commercial and Industrial Districts., Dot 20-252 404 R-1 One -Family Dwelling District ..... 20482 R-lAA and R-lA One -Family Dwelling Districts., 04*0404 0 of 20462 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 ............ 20-292, 20-294 Violation, penalty ....................... 20-6 Yards and open spaces C-1 Neighborhood Commercial Districts 20-237 R-1 One -Family Dwelling District Front, rear and side yard regulations 20486 Use, area and yard exceptions ...... 20488 R-lAA and R-lA One -Family Dwelling Districts ........................ 20-166 Use, area and yard exception ....... 20-168 R-lAAA Single -Family Dwelling Dis- tricts ........................... 20-126 R-3 Multiple -Family Dwelling Districts 20-211 R-CI Single -Family Dwelling Districts . 20446 R-U Rural Urban Dwelling Districts ... 20-271 T-1 Trailer Home Districts ............ 20-296 Zoning board. See herein: Planning and Zoning Board Zoning map Certain ordinances not affected by Code 1-7(15) Supp. No. 2 3123 Section --ar'�3s—rape.--e�_�.. �� _�_aa�#G:?.Laii•T� � ..iEi+114 .� �..��..��iii3Ty'�L tii