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HomeMy WebLinkAbout1995 05 17 Regular FECEIVED APR 2 1 1995 April 21, 1995 ~ltv Of W;nt.,. Spl"lngs (';1&NERAL- SERVICES To: Fred Goodrow, AICP ~ From: Don LeBlanc, Land Management Specialist ~ Re: Proposed IDRs, Comments Continues The following comments are a continuation of those submitted to you on AprilS, 1995: 1) Section 20-376 through 20-389 - this is not addressed in the proposed IDRs, but throughout this part of the existing Code reference is made to net residential acreage. This is in conflict with the Comp Plan in that the Comp Plan's residential allocation is on gross acreage. Please make the neccssaJ)' changes. 2) Page 20-17, Sees. 20-395 - 20-410 is out of sequence. 3) Pages 20-19 through 20-24 - please explain how the alphabetical designations and the examples interrelate. Or, am I missing something? 4) Page 20-27, Sec. 20-394 (d) (2) - the time frame listed here is vety vague. Is this two (2) years after the planting, three (3) years? Could it read within the first year, and then give the developer six (6) months to replace the plant or tree? 5) Page 20-27, Sec 20-394 (e) (3) - City Code requires that the sight distance at intersections be twenty five (25) feet from the intersecting property line. Please change. 6) Page 20-28, Sec. 20-417 - this section is in direct conflict with Chapters 400 and 419 of Florida Statutes which deal with Adult Congregate Living Facilities (ACLF). It is assumed that an ACLF is a group home. 7) Page 20-29, See 20-418 - please change ".....permitted under a conditional use requirements of each zoning district...." to "..... permitted by Commission approval in each zoning district..... " . 8) Page 20-31, Division 4 - would it be possible to cluster for other reasons than staying away from wetlands? I think of the possibility that a growth of upland trees could be saved if April 21, 1995 LDR Comments Page 2 clustering were allowed and a small park built in that area, or something of that nature. 9) Page 21-1, Chapter 21 - please check with Bricklemyer to ensure that this is indeed current. Will the City have to pass a separate ordinance to incorporate this in the LDRs, or will the approval of this revision accomplish the same goal? 10) Please add Section 20-417 to read "Temporary Structures - Temporary structures, not covered elsewhere, are allowed In any zoning district after approval by the City Commission. The mulmum time that a temporary structure will be permitted will not exceed two (2) years. ", or words to that effect. cc: City Manager General Services Director Community Development Coordinator CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone (407) 327-1800 PLANNING AND ZONING BOARD AGENDA ITEM: III. OLD BUSINESS REVIEW OF PROPOSED LAND DEVELOPMENT REGULATIONS STAFF REPORT: BACKGROUND: The Planning and Zoning Board [sitting as the Local Planning Agency in its review of the draft Land Development Regulations (LDRs)] has held a discussion of the LDRs with Mr. Fred Goodrow at its meeting on March 1, 1995. At the April 19th meeting, the P & Z Board continued the review of the draft LDRs and made suggested changes for Mr. Goodrow to review. STATUS: Mr. Goodrow indicated that he has reviewed the suggested changes of the P & Z Board and plans to be at the May 17th P & Z Board meeting to discuss those changes. CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone (407) 327-1800 PLANNING AND ZONING BOARD AGENDA ITEM: IV. NEW BUSINESS UPDATE OF THE OFFICIAL ZONING MAP STAFF REPORT: The City Code states in Sec. 20-102(c) that: The official zoning map shall be updated in a permanent fashion each year by changing the color of the rezoned areas and by placing thereon an identification number, and an identical number placed on a sheet of paper to be permanently affixed in the lower right-hand corner of the official zoning map. Beside the identifying number shall be placed the ordinance number resulting in the rezoning, and the date of its adoption. The updated zoning map shall be approved by the planning and zoning board by May 31 of each year and shall be presented to the city commission for their approval at the first regularly scheduled meeting each year thereafter. BACKGROUND: The "Official Zoning Map" of the City is located inside the City commission Chambers on the wall. The Official Zoning Map has been updated per the requirements of Sec. 20-102(c) of the city Code in 1994 by Engineering and Land systems, Inc. ANALYSIS: There have been no zoning changes since a year ago when the Planning and Zoning Board reviewed the map and made recommendation to the City commission to approve the map it its appearance at that time. staff notes that Sec. 20-102(b) states in part: "The official zoning map shall. . . [be at]. 1:400. . ." .a scale of A check with Mr. Brian Garvey of Engineering and Land Systems, Inc. indicates that the present Official Zoning Map is at a scale of 1:500, which was agreed upon earlier. The reason given is that at the scale of 1:400 the map would cover a much larger portion of the wall and that more than 4 sheets would be necessary. Staff believes that at 1:400 the Official Zoning Map is very readable. STAFF RECOMMENDATION: The Planning and Zoning Board should approve the Official Zoning Map as it presently appears in the City Commission Chambers, and recommend that the City commission approve the Official Zoning Map as it presently appears in the City commission Chambers. CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone (407) 327-1800 PLANNING AND ZONING BOARD AGENDA ITEM: III. OLD BUSINESS REVIEW OF PROPOSED LAND DEVELOPMENT REGULATIONS STAFF REPORT: BACKGROUND: The Planning and zoning Board [sitting as the Local Planning Agency in its review of the draft Land Development Regulations (LDRs)] has held a discussion of the LDRs with Mr. Fred Goodrow at its meeting on March 1, 1995. At the April 19th meeting, the P & Z Board continued the review of the draft LDRs and made suggested changes for Mr. Goodrow to review. STATUS: Mr. Goodrow indicated that he has reviewed the suggested changes of the P & Z Board and plans to be at the May 17th P & Z Board meeting to discuss those changes. CITY OF WINTER SPRINGS, FLORIDA Building Department 1126 EAST STATE ROAD 434 WINTER SPRINGS. FLORIDA 32708-2799 Telephone (407) 327-1800 MEMORANDUM TO: Thomas Grimms, Community Development Coordinator Don Houck, Building Official ~ FROM: RE: Code Requirements For Sidewalk Width DATE: May 15, 1995 I think increasing the width of sidewalks to five (5) feet would be a worthwhile change however, the location should be a consideration. A suggestion would be to require a five foot sidewalk along main arteries and collectors and reduce it to four feet along secondaty and private streets. The reason being that for secondaty and private streets, the right of way is not normally wide enough to accomodate a five foot sidewalk and all of the utilities need to go into that space. /-- / C (::::h CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone (407) 327-1800 MEMORANDUM FROM: Don Houck, Building Official Building Department Thomas Grimms, AICP Community Development coordinator:-~ ~ May 10, 1995 TO: DATE: RE: Code Requirements on Sidewalks The Planning and Zoning Board, serving as the Local Planning Agency, for the review of the proposed Land Development Regulations asks for your input on the question of width of sidewalks. Sec. 9-221(a), page 554 of the existing Code states that "sidewalks ~t least four (4) feet in width shall be placed on each side of all streets. . ." The sidewalk width of four (4) feet seems narrow. People walking past each other may have some difficulty such that one party may have to move over to avoid brushing against the other person. 1\lso, a person walking on such sidewalk may have difficulty avoiding a person on a bicycle passing them unless they step off the sidewalk. Perhaps a requirement of a minimum width of five (5) feet for sidewalks would be more appropriate. Please let me know your thoughts by May 16, 1995. Thank you. cc: John Goveruhk, city Manager John Ketteringham, General Services Director Don LeBlanc, Land Management specialist 'Vl * * * * * * * * * * * * * * * * I * * * * * ~ * I-< ! * <>: * .....l I * * ::J * "'" * (J) * "'" * lzl * * ll:: * t'- * * 0 * * * Q * f-t * ll:: * LCl * 0 * ~ OJ * ~ * I * (J) * 0 0 * (J) * * <( * P-t I * fl.. * LCl * * W 0 * * * * ~ * * * * * * * * Z * 0 * * .. * 0 * Z - . ~ ,. .' ,', '~i * * * I--l * .....l * * lzl * f-t * I-< * * * ~ * * * * ~ * -. * * * ~ * * * -- * I--l * * * 0 * ~ * * * Z * Z * * * * 0 * * * I-< * U * .....l * * ::J * * (J) 0 * * lzl 0 * Z * ll:: 0 * * 0 * 0 * :'f --.; * * (I.l Q .._'....... * I--l * 0 ll:: * * ~ 0 * f-t * (I.l 0.. ~ * * ~ b (J) * ~ * ~ ~ (J) * * 0 <( * U * (Y) 0 fl.. * * "'" (I.l (I.l * I--l * .. ..-l :s * * t'- ~ 0 ., * Z * 0 '" '" , * * * 0 tJ) * * 0 * * ~ P4 * 0 * 0.. * * ~ tJ) * Z * * (Y) * 0 P4 * .....l fD * (I.l * lzl 0 * U !-< * I-< If) * Z * lzl lzl CD * * :s :;; fD * ~ * 0 (Y) * * I-< I-< "'" * '" * Z 0 ..~ * 0 * I-< I-< OJ ,~. ~ ..:,-~ ," ~r-: * * ::J lzl ll:: lzl .. * ~ * fl.. fl.. <( .....l .! * b * Z >- I-< 0 * * I-< (J) Iz, 0 l * u * Z 0 j * * i * * * * * * * * * * * * jJ f 2- !So/-tfl-j) tJ()u/~ I//(~ iOC-L ~ ~e(/;~ ',-J-4r's, iJIA;J li,S -;d/V( AR7ICLB III: IO.I.G DISTRIC'%S AIID RBGULA7IO.S ,,-- j-U /1 1.0 Sec 32.10 ~~ tI ZONING DISTRICTS ESTABLISHED Rules for Determin,ing' Boundaries. Where any uncertainty exists with respect to the boundaries of any of the regular and overlay Districts as shown on the Official Zoning Map, the following rules shall apply: A. B. c. D. Unless otherwise indicated, the District boundaries are indicated as approximately following (i) property lines; (ii) Lot lines; (iii) center lines of Streets, Highways, Alleys or railroads; (iv) shorelines of streams, reservoirs or other bodies of water; or (v) civil boundaries, and they shall be constructed to follow such lines; Where District boundaries are approximately parallel to the center lines of Streets, Highways or railroads, streams, shorelines, reservoirs or other bodies of water, or said lines extended, such District boundaries shall be construed as being parallel thereto a~d at such distance therefrom as indicated on said zoning map. If no distance is given, said dimensions shall be determined by the use of the scale shown on said zoning map; Where a public road, Street or Alley is officially vacated or Abandoned, the regulations applicable to the property to which it is reverted shall apply to such vacated or Abandoned road, Street or Alley; and In case the exact location of a boundary cannot be determined by the foregoing methods, the Board of Adjustment shall, upon application by the property owner or the owner's agent, determine the location of the boundary. To F(Z.&f} Co. Dept. B6 CITY OF WINTER SPRINGS, FLORIDA PAXED ...s-: /0_ 9s- /C/ ":.H> A~ 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone (407) 327-1800 FAX LETTER DATE MAY 10, 1995 TO: FRED GOODROW - BERRYMAN & HENIGAR FAX NO.: (904) 368-5063 FROM: SHIRLEY FRANKHOUSER - GENERAL SERVICES NUMBER OF PAGES (INCLUDING COVER SHEET): FOUR (4) SUBJECT: ORDINANCE 579 - AMENDING SUBSECTION 7-46(b), CHAPTER 7 OF THE CODE OF ORDINANCES. COMMENTS: ,.-. HI FRED, ART HOFFMANN, CHAIRPERSON OF THE PLANNING AND ZONING BOARD,ASKED THAT WE FORWARD THIS TO YOU AS IT CHANGES THE FIRE CODES IN THE CITY. THANK YOU! PLEASE NOTIFY US IMMEDIATELY IF FAX NOT RECEIVED PROPERLY: (407) 327-1800. FAX (407) 327-6912 TRANSMITTING FROM: DEX450 -- FIRE DEPARTMENT 102 NORm MOSS ROAD WINTER SPRINGS. FLORIDA 32708 TELEPHONE (407) 327-2332 FIRE AND ~UE SERVICES 1v.IEMORANDUM To: Donald LeBlanc, Land ManagementSpe~iaIist . ' ~ From: Thnothy J. LaIIathin, Fire Chief ~~;r I /~"u.~ Date: April 13, 1995 Subject: Draft of Land Develo-plIlent Code Changes The following are proposed changes to . the above referenced Draft Code. 1. I have attached a recent ordinance that was approved, which has changed the Fire ~es in the City. This change .should.bereflected in the Code Change. 2. In various sections the City Commission is.referred to as, the "City Council" and should be changed. 3. In Chapter 7, See 7-80 is already utilized in the current code. This referenced item should be given a .different section number. Also the word Fire Marshal should be changed to reflect only one "L". No other problems were noted as of this time. CC: John Ketteringham, General. Services Director ATTACHMENTS: 1 RECEIVED APR 1 7 1995 City of ,^,in1:er Springs GENERAL SERVICES ORDINANCE NO. 579 AN ORDINANCE OF THE CITY OF \VINTER SPRlNGS, FLORIDA, A1vfENDING SUBSECTION 7-46(B), CHAPTER 7 OF THE CODE OF ORDINANCES, CITY OF \VlNTER SPRINGS, FLORIDA, PROVIl2!NG FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. WHEREAS, the City Commission of the City of Winter Springs, Florid~ has determined that the following amendment to the Code of Ordinances is in the best interest of the health, safety, and welfare of the citizens of the City of Winter Springs, Florida. NOW, THEREFORE, 1 TIE CITY C01vfMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, HEREBY ORDAINS: SECTION I - That the following SUBSECTION 7-46(b) be amended to read as follows: (b) The Fire Prevention Code of the City shall be composed collectively of the following specified codes, subject to the qualifications prescribed subsequently: 1. State Fire Marshal's Rules and Regulations, Title 4A, Florida Administrative Code, 1990 Edition. 2. Southern Building Code Congress International (SBCCI) Standard Fire Prevention Code, 1994 Edition. 3. National Fire Protection Association, Life Safety Code 101, 1991 Edition. SECTION II - If any section or portion of a section of this ordinance proves to be invalid, unlawful or unconstitutional, it shall not be held to invalidate or impair the validity, force or effect of this ordinance. SECTION ill - That all ordinances or parts of ordinances in conflict herewith are hereby repealed. t SECTION IV - This ordinance shall take effect immediately upon its passage and adoption :RECEIVED APR 1 7 1995 Cltv of \N'nter Springs GENERAL SERVICES "'", ' , in accordance with Florida law. Passed and adopted this /3' -& day of ~~Aj , 995. ~~ HN F. BUSH, MAYOR ATTEST: ~,u~A~41~ CITPCLERK ' FIRST READING January 23. 1995 POSTED ianuary 23. 1995' SECOND READING AND PUBLIC }IEARING March 13 , 1995 FROM: Thomas Grimms, AICP Community Services Director John Ketteringham, General Services Director~l~ Charles Sexton, Chief of Police U' TO: THRU: DATE: May 15, 1995 SUBJ: Language in Sec. 12-65 "General Prohibitions" on Stopping, Standing and parking in Present City Code. 51-95 I have received your memo in regards to the definition of Parking, Standing or Stopping on the roadway. In response to the boards request, under Florida State Statute 316 the definitions are listed below; a) Park or Parking - The standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while engaged in loading or unloading merchandise or passengers as may be permitted by law under this chapter. b) Stand or Standing - The halting of a vehicle, whether occupied or not, otherwise than temporarily, for the purpose of, and while actually engaged in, receiving or discharging passengers, as may be permitted by law under this chapter. c) stop or Stopping - When prohibited, any halting, even momentarily, of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or to comply with the directions of a law enforcement officer or traffic control sign or signal. I have also enclosed a copy of F.S.S. 316 for your files. I hope that this will clear up any misunderstanding or difficulty in interpreting the definitions. Charles Sexton Chief of Police FECEIVED MAY 1 5 1995 CilV of Winter Springs AI::U"..II:::AA I C'cc.\J'u.....c::CI' ,- F.S.1993 STATE UNIFORM TRAFFIC CONTROL Ch.316 I , t . . { t . which join one another at, or approximately at, right angles; or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict. (b) Where a highway includes two roadways 30 feet or more apart, then every crossing of each roadway of such divided highway by an intersecting highway shall be regarded as a separate intersection. In the event such intersecting highway also includes two roadways 30 feet or more apart, then every crossing of two road- ways of such highways shall be regarded as a separate intersection. (18) LANED HIGHWAY.-A highway the roadway of which is divided into two or more clearly marked lanes for vehicular traffic. (19) LIMITED ACCESS FACILlTY.-A street or high- way especially designed for through traffic and over, from, or to which owners or occupants of abutting land or other persons have no right or easement, or only a lim- ited right or easement, of access, light, air, or view by reason of the fact that their property abuts upon such limited access facility or for any other reason. Such high- ways or streets may be parkways from which trucks, buses, and other commercial vehicles are excluded; or they may be freeways open to use by all customary forms of street and highway traffic. (20) LOCAL AUTHORITIES.-Includes all officers and public officials of the several counties and municipalities ._ of this state. (21) MOTOR VEHICLE.-Any self-propelled vehicle not operated upon rails or guideway, but not including any bicycle or moped. (22) MOTORCYCLE.-Any motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding a tractor or a moped. (23) OFFICIAL TRAFFIC CONTROL DEVICES.-AII signs, signals, markings, and devices, not inconsistent with this chapter, placed or erected by authority of a public body or official having jurisdiction for the purpose of regulating, warning, or guiding traffic. (24) OFFICIAL TRAFFIC CONTROL SIGNAL.-Any device, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop and permitted to proceed. (25) OPERATOR.-Any person who is in actual physi- cal control of a motor vehicle upon the highway, or who is exercising control over or steering a vehicle being towed by a motor vehicle. (26) OWNER.-A person who holds the legal title of a vehicle, or, in the event a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the condi- tions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then such conditional vendee, or lessee, or mortgagor shall be deemed the owner, for the pur- poses of this chapter. _ (27) PARK OR PARKING.- The standing of a vehicle, vhether occupied or not, otherwise than temporarily for (he purpose of and while actually engaged in loading or unloading merchandise or passengers as may be per- mitted by law under this chapter. (28) PEDESTRIAN.-Any person afoot. (29) PERSON.-Any natural person, firm, copartner- ship, association, or corporation. (30) PNEUMATIC TIRE.-Any tire in which com- pressed air is designed to support the load. (31) POLE TRAILER.-Any vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach or pole, or by being boomed or otherwise secured to the towing vehicle, and ordinarily used for transporting long or irregularly shaped loads such as poles, pipes, or structural members capable, generally, of sustaining themselves as beams between the supporting connec- tions. (32) POLICE OFFICER.-Any officer authorized to director regulate traffic or to make arrests for violations of traffic regulations, including Florida highway patrol- men, sheriffs, deputy sheriffs, and municipal police offi- cers. (33) PRIVATE ROAD OR DRIVEWAY.-Except as otherwise provided in paragraph (53)(b), any privately owned way or place used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons. (34) RADIOACTIVE MATERIALS.-Any materials or combination of materials which emit ionizing radiation spontaneously in which the radioactivity per gram of material, in any form, is greater than 0.002 microcuries. (35) RAILROAD.-A carrier of persons or property upon cars operated upon stationary rails. (36) RAILROAD SIGN OR SIGNAL.-Any sign, signal, or device erected by authority of a public body or official, or by a railroad, and intended to give notice of the pres- ence of railroad tracks or the approach of a railroad train. (37) RAILROAD TRAIN.-A steam engine, electric or other motor, with or without cars coupled thereto, oper- ated upon rails, except a streetcar. (38) RESIDENCE DISTRICT.- The territory contigu- ous to, and including, a highway, not comprising a busi- ness district, when the property on such highway, for a distance of 300 feet or more, is, in the main, improved with residences or residences and buildings in use for business. (39) REVOCATION.-Revocation means that a licens- ee's privilege to drive a motor vehicle is terminated. A new license may be obtained only as permitted by law. (40) RIGHT-OF-WAY.-The right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under such circumstances of direction, speed, and proximity as to give rise to danger of collision unless one grants precedence to the other. (41) ROAD TRACTOR.-Any motor vehicle designed and used for drawing other vehicles and not so con- structed as to carry any load thereon, either indepen- dently or as any part of the weight of a vehicle or load so drawn. (42) ROADWAY.- That portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder. In the event a highway includes two or more separate roadways, the 661 Ch. 316 STATE UNIFORM TRAFFIC CONTROL term "roadway' as used herein refers to any such road- - way separately, but not to all such roadways collectively. (43) SADDLE MOUNT.-An arrangement whereby the front wheels of one vehicle rest in a secured position upon another vehicle. All of the wheels of the towing vehicle are upon the ground and only the rear wheels of the towed vehicle rest upon the ground. (44) SAFETY ZONE.- The area or space officially set apart within a roadway for the exclusive use of pedestri- ans and protected or so marked by adequate signs or authorized pavement markings as to be plainly visible at all times while set apart as a safety zone. (45) SCHOOL BUS.-Any motor vehicle that com- plies with the color and identification requirements of chapter 234 and is used to transport children to or from school or in connection with school activities, but not including buses operated by common carriers in urban transportation of school children. (46) SEMITRAILER.-Any vehicle with or without motive power, other than a pole trailer, designed for car- rying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon, or is carried by, another vehicle. (47) SIDEWALK.- That portion of a street between the curbline, or the lateral line, of a roadway and the adjacent property lines, intended for use by pedestri- ans. (48) SPECIAL MOBILE EQUIPMENT.-Any vehicle not designed or used primarily for the transportation of persons or property and only incidentally operated or moved over a highway, including, but not limited to, ditchdigging apparatus, well-boring apparatus, and road construction and maintenance machinery, such as asphalt spreaders, bituminous mixers, bucket loaders, tractors other than truck tractors, ditchers, leveling graders, finishing machines, motor graders, road rollers, scarifiers, earth-moving carryalls and scrapers, power shovels and drag lines, and self:"'propelled cranes and earth-moving equipment. The term does not include house trailers, dump trucks, truck-mounted transit mix- ers, cranes or shovels, or other vehicles designed for the transportation of persons or property to which machin- ery has been attached. (49) STAND OR STANDING.-The halting of a vehi- cle, whether occupied or not, otherwise than temporar- ily, for the purpose of, and while actually engaged in, receiving or discharging passengers, as may be permit- ted by law under this chapter. (50) STATE ROAD.-Any highway designated as a state-maintained road by the Department of Transporta- tion. (51) STOP.-When required, complete cessation from movement. (52) STOP OR STOPPING.-When prohibited, any halting, even momentarily, of a vehicle, whether occu- pied or not, except when necessary to avoid conflict with other traffic or to comply with the directions of a law enforcement officer or traffic control sign or signal. (53) STREET OR HIGHWAY.- (a) The entire width between the boundary lines of every way or place of whatever nature when any part 662 thereof is open to the use of the public for purposes of vehicular traffic; (b) The entire width between the boundary lines ~ any privately owned way or place used for vehiCUlar travel by the owner and those having express or implied permission from the owner, but not by other persons, or any limited access road owned or controlled by a special district, whenever, by written agreement entered into under s. 316.006(2)(b) or (3)(b), a county or muniCipality exercises traffic control jurisdiction over said way or place; (c) Any area, such as a runway, taxiway, ramp, clear zone, or parking lot, within the boundary of any airport owned by the state, a county, a municipality, or a politi- cal subdivision, which area is used for vehicular traffIC but which is not open for vehicular operation by the gen-' eral public; or . (d) Any way or place used for vehicular traffic on a controlled access basis within a mobile home park rec- reation district which has been created under s. 418.30 and the recreational facilities of which district are open' to the general public. (54) SUSPENSION.- Temporary withdrawal of a licensee's privilege to drive a motor vehicle. (55) THROUGH HIGHWAY.-Any highway or portion thereof on which vehicular traffic is given the right-of-. way and at the entrances to which vehicular traffic from.. intersecting highways is required to yield right-of-way to vehicles on such through highway in obedience to either a stop sign or yield sign, or otherwise in 0000..: ence to law. - (56) TIRE WIDTH.- Tire width is that width stated on the surface of the tire by the manufacturer of the tire, if . the width stated does not exceed 2 inches more than the width of the tire contacting the surface. . . (57) TRAFFIC.-Pedestrians, ridden or herded a~ mals, and vehicles, streetcars, and other conveyances either singly or together while using any street or high- way for purposes of travel. . ~ (58) TRAILER.-Any vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a mot~ ': vehicle. ;~., (59) TRUCK.-Any motor vehicle designed, used. ~.: maintained primarily for the transportation of property. .:. (60) TRUCK TRACTOR.-Any motor vehicle.. designed and used primarily for drawing other vehicleS and not so constructed as to carry a load other than a.. part of the weight of the vehicle and load so drawn. ~.. (61) MIGRANT FARM WORKER.-Any p~rson:. employed in the planting, cultivation, or harvestl~Q cA... agricultural crops who is not indigenous to, or domICtl~, in, the locale where so employed. '-,.. (62) MIGRANT FARM WORKER CARRIER.-Any pet; son who transports, or who contracts or arranges fOl' the~ transportation of, nine or more migrant farm workers~; or from their employment by motor vehicle other than_a, passenger automobile or station wagon, .e~cept · migrant farm worker transporting himself or hiS Im~ ate family. ~ · (63) BICYCLE PATH.-Any road, path, or way that iI. open to bicycle travel, whic~ road, p~th, or waY.ls P 'ail cally separated from motOrized vehicular traffiC 'rY'/:" '. n space or by a b :: highway right-of . . ht-of-way. ~g(64) CHIEF ADMIN I :;. his designee, of ar is authorized to enfer '. , (65) CHILD.-A ch '~(66) COMMERCIA' propelled or towed ve in commerce to tran~ vehicle: , (a) Has a gross Pounds or more; . l- (b) Is designed t gers, inclUding. the c "(c) Is used In the . be hazardouS for the a1s Transportation Ac et seq.). :.... (67) COURT.- Th - fic offenses. (68) GOLF CART manufactured for o~ or recreational purp , .' (69) HAZAR DOL ) fl. material which has t the United States ( capable of imposir safety, and prope' waste as defined ir (70) STRAIGHT cargo unit and the same frame so as (71) TANDEM T of a truck tracto together so as to ~ (72) TANDEM . WORK.-A highwc. or more lanes, inc ways designated Transportation as, any street or high\ ment of Transport in accordance wi', truck traffic was 1983. (73) TERMINAL (a) Freight ei: died in the trans~ ~ (b) Commerc facilities. (74) TRANSPC ment of goods, rr location to anoth' to travel by the ~ . (75) VEHICLE any person or ~ drawn upon a hi sively upon statl '- (76) BRAKE torque develope an engine. as rr ~, FROM: Thomas Grimms, AICP community services Director John Ketteringham, General Services Director~/~ Charles Sexton, Chief of Police U' TO: THRU: DATE: May 15, 1995 SUBJ: Language in Sec. 12-65 "General Prohibitions" on Stopping, Standing and Parking in Present City Code. 51-95 I have received your memo in regards to the definition of Parking, Standing or Stopping on the roadway. In response to the boards request, under Florida State Statute 316 the definitions are listed below; a) Park or Parking - The standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while engaged in loading or unloading merchandise or passengers as may be permitted by law under this chapter. b) Stand or Standing - The halting of a vehicle, whether occupied or not, otherwise than temporarily, for the purpose of, and while actually engaged in, receiving or discharging passengers, as may be permitted by law under this chapter. c) stop or Stopping - When prohibited, any halting, even momentarily, of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or to comply with the directions of a law enforcement officer or traffic control sign or signal. I have also enclosed a copy of F.S.S. 316 for your files. I hope that this will clear up any misunderstanding or difficulty in interpreting the definitions. Charles Sexton Chief of Police FECEIVED MAY 1 5 1995 eit'l of Winter Springs Ac::r..II:a::aA' ~CD\./f"""'C::CP -, F.S. 1993 STATE UNIFORM TRAFFIC CONTROL Ch. 316 i , j . i f t . , which join one another at, or approximately at, right angles; or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict. (b) Where a highway includes two roadways 30 feet or more apart, then every crossing of each roadway of such divided highway by an intersecting highway shall be regarded as a separate intersection. In the event such intersecting highway also includes two roadways 30 feet or more apart, then every crossing of two road- ways of such highways shall be regarded as a separate intersection. (18) LANED HIGHWAY.-A highway the roadway of which is divided into two or more clearly marked lanes for vehicular traffic. (19) LIMITED ACCESS FACILlTY.-A street or high- way especially designed for through traffic and over, from, or to which owners or occupants of abutting land or other persons have no right or easement, or only a lim- ited right or easement, of access, light, air, or view by reason of the fact that their property abuts upon such limited access facility or for any other reason. Such high- ways or streets may be parkways from which trucks, buses, and other commercial vehicles are excluded; or they may be freeways open to use by all customary forms of street and highway traffic. (20) LOCAL AUTHORITIES.-Includes all officers and public officials of the several counties and municipalities of this state. - (21) MOTOR VEHICLE.-Any self-propelled vehicle not operated upon rails or guideway, but not including any bicycle or moped. (22) MOTORCYCLE.-Any motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding a tractor or a moped. (23) OFFICIAL TRAFFIC CONTROL DEVICES.-AII signs, signals, markings, and devices, not inconsistent with this chapter, placed or erected by authority of a public body or official having jurisdiction for the purpose of regulating, warning, or guiding traffic. (24) OFFICIAL TRAFFIC CONTROL SIGNAL.-Any device, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop and permitted to proceed. (25) OPERATOR.-Any person who is in actual physi- cal control of a motor vehicle upon the highway, or who is exercising control over or steering a vehicle being towed by a motor vehicle. (26) OWNER.-A person who holds the legal title of a vehicle, or, in the event a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the condi- tions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then such conditional vendee, or lessee, or mortgagor shall be deemed the owner, for the pur- poses of this chapter. (27) PARK OR PARKING.- The standing of a vehicle, - 'hether occupied or not, otherwise than temporarily for .ne purpose of and while actually engaged in loading or unloading merchandise or passengers as may be per- mitted by law under this chapter. (28) PEDESTAIAN.-Any person afoot. (29) PERSON.-Any natural person, firm, copartner- ship, association, or corporation. (30) PNEUMATIC TIRE.-Any tire in which com- pressed air is designed to support the load. (31) POLE TRAILER.-Any vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach or pole, or by being boomed or otherwise secured to the towing vehicle, and ordinarily used for transporting long or irregularly shaped loads such as poles, pipes, or structural members capable, generally, of sustaining themselves as beams between the supporting connec- tions. (32) POLICE OFFICER.-Any officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations, including Florida highway patrol- men, sheriffs, deputy sheriffs, and municipal police offi- cers. (33) PRIVATE ROAD OR DRIVEWAY.-Except as otherwise provided in paragraph (53)(b), any privately owned way or place used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons. (34) RADIOACTIVE MATERIALS.-Any materials or combination of materials which emit ionizing radiation spontaneously in which the radioactivity per gram of material, in any form, is greater than 0.002 microcuries. (35) RAILROAD.-A carrier of persons or property upon cars operated upon stationary rails. (36) RAILROAD SIGN OR SIGNAL.-Any sign, signal, or device erected by authority of a public body or official, or by a railroad, and intended to give notice of the pres- ence of railroad tracks or the approach of a railroad train. (37) RAILROAD TRAIN.-A steam engine, electric or other motor, with or without cars coupled thereto, oper- ated upon rails, except a streetcar. (38) RESIDENCE DISTRICT.- The territory contigu- ous to, and including, a highway, not comprising a busi. ness district, when the property on such highway, for a distance of 300 feet or more, is, in the main, improved with residences or residences and buildings in use for business. (39) REVOCATION.-Revocation means that a licens- ee's privilege to drive a motor vehicle is terminated. A new license may be obtained only as permitted by law. (40) RIGHT-OF-WAY.-The right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under such circumstances of direction, speed, and proximity as to give rise to danger of collision unless one grants precedence to the other. (41) ROAD TRACTOR.-Any motor vehicle designed and used for drawing other vehicles and not so con- structed as to carry any load thereon, either indepen- dently or as any part of the weight of a vehicle or load so drawn. (42) ROADWAY.- That portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder. In the event a highway includes two or more separate roadways, the 661 thereof is open to the use of the public for purposes of vehicular traffic; (b) The entire width between the boundary lines of ' any privately owned way or place used for vehiCU\at travel by the owner and those having express or implied permission from the owner, but not by other persons, or any limited access road owned or controlled by a special ' district, whenever, by written agreement entered into' under s. 316.006(2)(b) or (3)(b), a county or mUnicipality exercises traffic control jurisdiction over said way or place; (c) Any area, such as a runway, taxiway, ramp, clear zone, or parking lot, within the boundary of any airport owned by the state, a county, a municipality, or a politi- cal subdivision, which area is used for vehicular traffIC but which is not open for vehicular operation by the gen-, eral public; or . (d) Any way or place used for vehicular traffic on a controlled access basis within a mobile home park rec- reation district which has been created under s. 418.30 and the recreational facilities of which district are open': ' to the general public. }' (54) SUSPENSION.- Temporary withdrawal of a licensee's privilege to drive a motor vehicle. , ' (55) THROUGH HIGHWAY.-Any highway or portion thereof on which vehicular traffic is given the right-of- . way and at the entrances to which vehicular traffic from intersecting highways is required to yield right-of-way to vehicles on such through highway in obedience to either a stop sign or yield sign, or otherwise in obed"'~ ence to law. . (56) TIRE WIDTH.- Tire width is that width stated on \ the surface of the tire by the manufacturer of the tire, if . the width stated does not exceed 2 inches more than the width of the tire contacting the surface. (57) TRAFFIC.-Pedestrians, ridden or herded ani-:; mals, and vehicles, streetcars, and other conveyances either singly or together while using any street or high- ' way for purposes of travel. . . (58) TRAILER.-Any vehicle with or without motIve power, other than a pole trailer, designed for carrying persons or property and for being drawn by a mOI~, vehicle. , (59) TRUCK. -Any motor vehicle designed, used, (X.' maintained primarily for the transportation of pro~rty." (60) TRUCK TRACTOR.-Any motor vehicle designed and used primarily for drawing other vehicleS and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn. "'!.: (61) MIGRANT FARM WORKER.-Any p~rson,. employed in the planting, cultivation, or harvestl~~ of, agricultural crops who is not indigenous to, or domlclled~' in, the locale where so employed. ._~: (62) MIGRANT FARM WORKER CARRIER.-Any pet";2 son who transports, or who contracts or arranges fO( the, transportation of, nine or more migrant farm workers ~.- or from their employment by motor vehicle other than.. passenger automobile or station wagon. ,e~cept I migrant farm worker transporting himself or hiS Im~ ate family. ~ " (63) BICYCLE PATH.-Any road, path. or way that ". open to bicycle travel. which road, path, or way!S Pari cally separated from motorized vehicular traffiC by "..'f F",.S.1~ ''it: :.:--- . -~ - ,~ n space or by a t ::: highway right-ot , . ht-of-way. ~g(64) CHIEF ADMINi ,- his designee, of ar ~ authorized to enfor - .' (65) CHILD.-A ch .~_ (66) COMMERCIA JPropelled or towed VE in commerce to tran, vehicle: , (a) Has a gross PoundS or more; f (b) Is d~signed \ gers, includmg. the c :..; (c) Is used In the be hazardouS for the a1s Transportation A, et seq.). ... (67) COURT.- Tr . fic offenses. (68) GOLF CAR- manufactured for Of: or recreational purr:: . (69) HAZARDOL material which has: the United States : capable of imposi: safety, and prope waste as defined i: (70) STRAIGHT cargo unit and the same frame so as (71) TANDEM T 01 a truck tractc together so as to (72) TANDEM WORK.-A highwc or more lanes, inc ways designated Transportation as any street or high' ment of Transport in accordance wi truck traffic was 1983. (73) TERMINAL (a) Freight el dIed in the trans', ,(b) Commerc facilities. (74) TRANSPC ment of goods. IT location to anoth to travel by the (75) VEHICLE any person or : drawn upon a h sively upon stat : (76) BRAKE torque develope '~, an engine. as rr Ch. 316 STATE UNIFORM TRAFFIC CONTROL -, term "roadway' as used herein refers to any such road- way separately, but not to all such roadways collectively. (43) SADDLE MOUNT.-An arrangement whereby the front wheels of one vehicle rest in a secured position upon another vehicle. All of the wheels of the towing vehicle are upon the ground and only the rear wheels of the towed vehicle rest upon the ground. ' (44) SAFETY ZONE.- The area or space officially set apart within a roadway for the exclusive use of pedestri- ans and protected or so marked by adequate signs or authorized pavement markings as to be plainly visible at all times while set apart as a safety zone. (45) SCHOOL BUS,.-Any motor vehicle that com- plies with the color and identification requirements of chapter 234 and is used to transport children to or from school or in connection with school activities, but not including buses operated by common carriers in urban transportation of school children. (46) SEMITRAILER.-Any vehicle with or without motive power, other than a pole trailer, designed for car- rying persons or property and for being drawn bya motor vehicle and so constructed that some part of its weight and that of its load rests upon, or is carried by, another vehicle. (47) SIDEWALK.- That portion of a street between the curbline, or the lateral line, of a roadway and the adjacent property lines. intended for use by pedestri- ans. (48) SPECIAL MOBILE EQUIPMENT.-Any vehicle not designed or used primarily for the transportation of persons or property and only incidentally operated or moved over a highway, including, but not limited to. ditchdigging apparatus, well-boring apparatus, and road construction and maintenance machinery, such as asphalt spreaders, bituminous mixers, bucket loaders, tractors other than truck tractors, ditchers, leveling graders, finishing machines, motor graders, road rollers, scarifiers, earth-moving carryalls and scrapers, power shovels and draglines, and self-propelled cranes and earth-moving equipment. The term does not include house trailers, dump trucks, truck-mounted transit mix- ers, cranes or shovels, or other vehicles designed for the transportation of persons or property to which machin- ery has been attached. (49) STAND OR ST ANDING.- The halting of a vehi- cle, whether occupied or not, otherwise than temporar- ily, for the purpose of. and while actually engaged in, receiving or discharging passengers, as may be permit- ted by law under this chapter. (50) STATE ROAD.-Any highway designated as a state-maintained road by the Department of Transporta- tion. (51) STOP.-When required. complete cessation from movement. (52) STOP OR STOPPING.-When prohibited, any halting, even momentarily, of a vehicle. whether occu- pied or not, except when necessary to avoid conflict with other traffic or to comply with the directions of a law enforcement officer or traffic control sign or signal. (53) STREET OR HIGHWAY.- (a) The entire width between the boundary lines of every way or place of whatever nature when any part 662