Loading...
HomeMy WebLinkAbout2003 02 03 Regular A Accessory Noise, Lighting and Home Occupation Ordinances 020303 Commission Meeting Workshop Regular "A" Accessory, Noise, Lighting & Home Oeeupation Ordinances COMMISSION AGENDA ITEM A Consent Informational Public Hearing Regular X February 3,2003 Meeting Mgr. /7- D"I!t. Authorization REQUEST: City Attorney requesting the City Commission to review proposed Accessory building, Noise, Lighting, and Home Occupation Ordinances. PURPOSE: The purpose of this agenda item is to provide the Commission with initial draft ordinances related to the proper management of accessory buildings. CONSIDERATIONS: In our study it became quite clear that the proper management of accessory buildings required light, noise, home occupation, and permitted uses in certain zoning districts. Therefore, these ordinance provisions have been developed to correlate with regulations pertaining to accessory buildings. For example, accessory buildings should not allow activities which cause obnoxious noises or light impacts on neighbors. However, our noise and lighting ordinances are virtually unenforceable as written. FUNDING: N/A RECOMMENDATIONS: Staff recommends that the Commission thoroughly review the draft proposals and be prepared to begin a detailed discussion of the ordinances. 020503 Commission Workshop Regular "Au Aecessory, Noise, Lighting & Home Oecupation Ordinances ATTACHMENTS: a) Tracy Crowe memorandum of 11112/02 b) Tracy Crowe memorandum of 11/22/02 C) Tracy Crowe memorandum of 12/02/02 d) Tracy Crowe memorandum of 12/10/02 COMMISSION ACTION: * LAND DESIGN INNOVAT.~~ /LffJ North Orlando Avenue, Suite 295 Winter Park. Florida 32789 Phone: LffJ7-975-/273 Fax: LffJ7-975-/278 wwwLandbiz.cam Memorandum To: Ron McLemore, Winter Springs City Manager r rom Tracy Crowe, illI PrincipalA0/ CC: Pat Tyjeski, illI Senior Planner Date: 11/12/02 "Re: Accessory Structures We have reviewed the Accessory Buildings section of the Code, and have prepared amendments to that section as requested. Attached you will find a strike-through/underline version of the relevant sections for discussion at the City Commission workshop. Please note that we will also be working on revisions to other sections of the Code, which will have a direct impact on accessory structures. The sections include noise, lighting, home occupations, and zoning/permitted uses. We will forward those changes to you, as they are completed in accordance with the agreed schedule. We would gready appreciate your review of the attached document. Should you have any questions while rev,iewing the amendments, please do not hesitate to contact our office. G:\Projects'D1 026. 14\Memo 111202.doc PROPOSED CHANGES SECTIONS 6-84 AND 20-1 ACCESSORY STRUCTURE STANDARDS AND DEFINITIONS Sec. 20-1. Definitions. [EXCERPTS FROM CITY CODE] The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different mearung: Accessory. The term applied to a building or use which is clearly incidental or subordinate to and customary in connection with the principal building or use and which is located on the same lot with such principal building or use. Garage apartment. An accessory building with storage capacity for not less than two (2) automobiles, the second floor of which is designed as a residence for not more than one (1) family. Garage, private. An accessory building or a portion of the principal building used for the storage of automobiles of the occupants of the building. A carport is a private garage. Garage} public. A building or portion thereof, other than a private garage or storage garage, designed or used for the sale, storage, servicing, repairing, equipping and hiring of motor- driven vehicles. Garage, ::fJI'tl[f. }. building or portion thereof designed or used e;u:lusively for the storage or parl{ing of automobiles. Services, other than storage at such storage garage, shall be limited to refueling, lubrication, v,;ashing, ',',ra;{ing and polishing. Guest cottage. Living quarters within the detached accessory building located on the same lot or parcel of land as the principal building, to be used exclusively for housing members of the family occupying the principal building and their nonpaying guests; such quarters shall not be rented or otherwise used as a separate dwelling. Guest cottages shall have no kitchen. cooking facilities or kitchen sink. The quarters shall not be rented. leased or otherwise made available for compensation of any kind. They also may not have separate utility meters. [NOTE TO STAFF - PRESENTLY NOT SPECIFICALLY ALLOWED ANYWHERE IN THE CITY] Guest (tounst) homes. A private dwelling in which transient sleeping accommodations are provided for compensation; especially for motor tourists or travelers. Home occupation. [LDI CURRENTLY WORKING ON NEW STANDARDS FOR HOME OCCUPATIONS. DEFINITION WILL BE SHORTENED AS STANDARDS ARE MOVED. TO A NEW SECTION] Any use conducted entirely within a dwelling and carried on by an occupant thereof, which use is clearly incidental to and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof; and provided, that all of the following conditions are met: Only such commodities as are made on the premises may be sold on the premises. However, all such sales of home occupation work or products shall be conducted within the building and there shall be no outdoor display of merchandise or products, nor shall there be any indoor display visible from the outside of the building. No person shall be engaged in any such home Page 1 of 4 occupation other than two (2) members of the immediate family, residing on the premises. No mechanical equipment shall be used or stored on the premises in connection with the home occupation, except such that is normally used for purely domestic or household purposes. Not over twenty (20) percent of the floor space of anyone (1) story shall be used for home occupation purposes. No sign shall be used other than one (1) nonillurninated nameplate attached to the building entrance, which nameplate shall not exceed two (2) square feet in area. Each location shall be approved by the planning and zoning OOaffiBuilding Official. Fabrication of such articles as are commonly classified under the term "arts and handicrafts" may be deemed a home occupation, subject to the other terms and conditions of this definition. Home occupations shall not be construed to include barbershops, beauty parlors, tearooms, food processing, restaurants, sale of antiques, commercial kennels, real estate offices or insurance offices. Structure. Any thing constructed, erected or placed, the use of which requires more or less permanent location on the ground and shall include tents, lunch wagons, dining cars, camp cars or other structures on wheels or other supports and used or intended for business or living quarters. Sec. 6-84. Accessory buildingsstructures. (a) General. Accessory building means a detached, subordinate structure, the use of which is clearly incidental to, customarily associated with, and related to the principal structure or use of the land, and which is located on the same lot as the principal structure or use. Accessory buildings shall include detached parking structures. storage buildings, tooLhouses and garden sheds, party houses, gazebos. arbors. pergolas or trellises. bathhouses (used in conjunction with swimming pool). boat houses. non-commercial plant nurseries. and similar uses. Accessory buildings shall not be used as k;ing quarters. (b) Number ~r Accessory Structures. No more than two (2) accessory buildings shall be allowed on any single lot. Properties within the R-U. Rural Urban Dwelling Units. zoning district are exempt from this requirement. W(c) Height a,wl .fi~F restrictions. The maximum height of an accessory structure shall be twelve (12) feet measured from ground level. The height of accessory structures may exceed twelve (12) feet. only if the structure is located within the required principal building setbacks. In no case shall the elevation of the highest point of any accessory structure shall exceed the height of the principal structure. (d) Size restrictions. The maximum size of any structure shall be two hundred forty (240) square feet except where the minimum building setbacks required by the district are met. In such case. the cumulative size of the accessory structures shall be limited to thirty-five (35) percent of the size of the principal structure (first floor only). Properties within the R-U zoning district are exempt from. this requirement: however. the area occupied by accessory structures within R-U districts shall not exceed thirty-five (35) percent of the Page 2 of 4 lot area. The size of accessory structures in all districts shall be included in the calcuhttions of impervious surface area ratio and stormwater runoff. (e) Structure/ building design. If an accessory structure exceeds two hundred forty (240) square feet in size. the structure shall be constructed to match the style. design. materials and colors of the principal building. Barns. greenhouses and nurseries in the R-U zoning district shall be exempt from this regulation. f€1(f) Location. All accessory buildings shall be located to the rear of the existing buildings line of the principal structure. Arbors are exempt from this reqUlrement. W(g) Permits. A building permit shall be required before construction or placement can take place. No accessory building shall be permitted prior to construction of the principal building. (h) Use restn.ctions. No accessory structure shall be used for activities not permitted in the zoning district. nor shall be used for business. home occupation. or any other activity that would attract a large number of visitors. or create excessive noise or lighting (see Chapter 13 of the City Code). The use shall be clearly incidental to the use of the principal building. [LIGHT AND NOISE ORDINANCE ARE BEING REWRITTEN TO FACILITATE ENFORCEMENT] (i) Guest Cottages. Guest cottages are permitted accessory uses when they provide accommodations for guests. servants or members of a family occupying the main building on the same property. The cottage shall not exceed 450 square feet of floor area. 0) Garage Apartments. Garage apartments are permitted uses in the R-3. R-U and Town Center zoning districts. which allow more than one dwelling unit per lot. The maximum size allowed for garage apartments is 1.000 square feet. including the area of the garage. ~(k) Setback requirements. When an accessory building is attached to a principal structure by a breezeway, passage Of othef\visecommon load bearing walL or common roof, it shall become a part of the principal structure and shall be subject to the required setbacks and other requirements applicable to-ef the principal structure. Otherwise. the following setback requirements shall apply: (1) Corner setback--On all corner lots the minimum open sideyard setback shall be that of the principal building. (2) Rear yard setback--Shall be a minimum of six (6) feet. (3) Side yard setback--Shall be that of the lot on which the building is to be located. (4) Easements--If an easement efl-exists along the boundary of the lot where the accessory building is to be located. and the width of the Page 3 of 4 easement is greater than tfta.t-the setback addressed above, then the interior easement size shall prevailboundary shall constitute the required minimum setback except as provided in this subsection (e). No accessory building shall be constructed or placed on an easement;. unless the easement expressly permits the accessory building to be constructed or placed on the easement property and the required setbacks set forth herein are satisfied. (5) Waterfront-Accessory structures shall not be located within any required waterfront setback. except for boathouses. 0) Building separation. All buildings within the lot shall comply with the required building separation standards contained in the Florida Building Code. In no event shall buildings/ structures be closer than 5 ft. to each other. (Code 1974, ~ 5-10; Ord. No. 460, ~ 1,6-26-89) Sees. 6-85--6-100. Reserved. Page 4 of 4 * L AND DESIGN INNOVA~~~ 1'fO North Orlando Avenue. Suite 295 Winter Park. Florida 32789 Phone: 'f07-975-1273 Fax: 'f07-975-1278 wwwLandbiz.com Memorandum To: Ron McLemore, Winter Springs City Manager rrom Tracy Crowe, illI Principal~ CC: Pat Tyjeski, illI Senior Planner Date: 11/22/02 'Re: Home Occupations We have reviewed the Home Occupations section of the Code, and have prepared amendments to as requested. Attached you will find a strike-through/underline version of the relevant sections for your reV1ew. Should you have any questions while reviewing the amendments, please do not hesitate to contact our office. G:\Projects\01026.14\Correspond\Memo1112202.doc PROPOSED LDC AMENDMENTS HOME OCCUPATIONS AND DEFINITIONS Chapter 20 ZONING ARTICLE I. IN GENERAL Sec. 20-1. Definitions. [EXCERPTS FROM CITY CODE] The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different mearung: Home occupation. Any gainful occupation. profession or use conducted entirely within a dwelling and carried on by an occupant thereof, which use is clearly incidental to and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof; and provided, that all of the standards of Section 20.419 foYowing conditions are met~~ [THE REST OF THE ORIGINAL DEFINITION WAS MOVED TO SECTION 20.419]. ARTICLE III. ESTABLISHMENT OF DISTRICTS DIVISION 5. R-l ONE-FAMILY DWELLING DISTRICTS Sec. 20-182. Uses permitted. Within any R-1 One-Family Dwelling District, no building or structure, land or water shall be used except for one (1) or more of the following uses: (1) Any use permitted in R-1AA and R-1A Single-Family Dwelling Districts. (2) Home occupations. DIVISION 9. R-U RURAL URBAN DWELLING DISTRICTS Sec. 20-267. Uses permitted. Within any R-U Rural Urban Dwelling District, 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 gardening, including usual farm building structures 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 enterprises operated entirely for private profit; Page 1 of7 Proposed LDC Amendments Home Occupations City of Winter Springs (5) Public schools and private educational institutions having a curriculum the same as ordinarily given in public schools. Other schools not having a curriculum may be operated, provided a permit therefor is first obtained from the board of adjustment; (6) Home occupations; (J) Single-family dwellings, but a building permit for such dwelling shall not be issued until there shall be filed with the building official, a certificate signed by the plumbing inspector, attesting that the lot upon which the dwelling structure is to be erected, has a satisfactory minimum standard of improvements; (8) Accessory buildings and uses customarily incident to the above uses not involving the conduct of a business; (9) Commercial riding stables and commercial dog kennels, when located on a tract of land of not less than five (5) acres and provided that no structure, pen or corral housing animals shall be closer than two hundred (200) feet from any property line; (10) Roadside stands offering for sale only products which are produced on the premises, provided such structure is set back at least thirty-five (35) feet from the front or sideline of the property. DIVISION 12. TOWN CENTER DISTRICT CODE Sec. 20-324. General provisions. The following general provisions apply to all street types. (1) Corner radii and clear zones: GRAPHIC LINK: Corner Radii and Clear Zones (2) (3) (4) Side and rear setbacks: (5) First floor height for residential: (6) Diversity of building widths: {J) Accessory structures: Accessory structures are permitted and may contain parking, accessory dwelling units, home occupation uses, storage space, and trash receptacles. Home occupation uses are restricted to owner plus one (1) employee, shall not include noxious or disruptive functions, and may not disrupt parking for neighboring residents. [NO HOME OCCUPATIONS ALLOWED IN ACCESSORY STRUCTURES AND NO EMPLOYEES ALLOWED AS PROPOSED BY LDI - SEE NEW SECTION 20-419] Alleys: Exceptions from build-to lines: Accessory structures shall not be greater than six hundred twenty-five (625) square feet in footprint and shall not exceed two (2) stories in height. Page 2 of7 Proposed LOC Amendments Home Occupations City of Winter Springs Chapter 9 LAND DEVELOPMENT ARTICLE VIII. IMPACT FEES DIVISION 3. POLICE PUBLIC SAFETY FACILITIES Sec. 9-391.2. Definitions. Unless otherwise specified herein, the definitions, classifications and uses shall be as set forth in the City of Winter Springs Land Development Code. Nonresidential: Includes all land uses not otherwise specified as residential or exempted as set forth in this division. This shall include, but is not limited to day care facilities, residential care facilities, nursing homes, boarding houses, home occupations, educational facilities, libraries, cultural facilities, churches, all commercial uses, all transient lodging and entertainment facilities except those which are temporary in nature, all automotive facilities and/ or structures, all miscellaneous business uses and services and all industrial uses. Residential: Includes single-family dwellings, multifamily dwelling units, mobile homes, accessory dwelling units, accessory residential structures. DIVISION 4. FIRE PUBLIC SAFETY FACILITIES Sec. 9-396.2. Definitions. Unless otherwise specified herein, the definitions, classifications and uses shall be as set forth in the City of Winter Springs Land Development Code. Nonresidential: Includes all land uses not otherwise specified as residential or exempted as set forth herein. This shall include, but is not limited to day care facilities, residential care facilities, nursing homes, boarding houses, home occupations, educational facilities, libraries, cultural facilities, churches, all commercial uses, all transient lodging and entertainment facilities except those which are temporary in nature, all automotive facilities and/or structures, all miscellaneous business uses and services and all industrial uses. Residential. Includes single-family dwellings, multi-family dwelling units, mobile homes, accessory dwelling units, accessory residential structures. Chapter 10 - LICENSES AND BUSINESS REGULATIONS [NO CHANGES PROPOSED. SECTION CONTAINS REGULATIONS FOR OBTAINING OCCUPATIONAL LICENSES]. ARTICLE I. IN GENERAL Sees. 10-1--10-25. Reserved. ARTICLE II. OCCUPATIONAL LICENSE TAXES Sec. 10-26. Required. Page 3 of7 Proposed lDC Amendments Home Occupations City of Winter Springs It shall be unlawful for any person to engage in any business coming within the scope of this article without first obtaining an occupational license therefor and paying the prescribed fee or tax. Sec. 10-27. License year established. The license year for licenses required by this article shall begin on the first day of October of each year and end on the last day of September of each year, on which latter day all licenses shall expire. Sec. 10-28. Limitation on term; half-year licenses. No license required by this article shall be issued for more than one (1) year nor for less than one (1) year prior to the first day of April of each year, after which date a license for six (6) months may be issued on payment of one-half of the amount of the annual license fee. Sec. 10-29. License taxes established. License taxes for businesses, professionals and occupations shall be established by resolution of the city commission and are on file in the building department office. Sec. 10-30. Transfer of license. All licenses required by this article shall be transferable with the approval of the building department with the business for which the same were issued when there is a bona fide sale or transfer of the property used and employed in the business as stock in trade. The original license must be surrendered to and filed with the building department and a fee of three dollars ($3.00) paid at the time of the application for such transfer and such transfer, when approved, shall be of the same force and effect as the original license. Sec. 10-31. Revocation. Any license issued under the provisions of this article may be revoked upon five (5) days' notice by the building department after an opportunity to be heard has been given the licensee when a business other than that designated in the license is conducted or operated, or where any business is conducted in violation of this article or any other ordinance of the city or law of the state. Sec. 10-32. Delinquency penalty established. (a) Those annual licenses not renewed by October 1 shall be considered delinquent and subject to a delinquency penalty as follows: (1) After October 1--10% of license fee. (2) After November 1--15% of license fee. (3) After December 1--20% of license fee. (4) AfterJanuary 1--25% of license fee. (5) After February l--closing of business in addition to any other penalty prescribed by ordinance. (b) Any person engaging in or managing any business, occupation, or profession without first obtaining the license provided for herein shall be subject to a penalty of twenty-five (25) Page 40f7 Proposed lDC Amendments Home Occupations City of Winter Springs percent of the license determined to be due in addition to any other penalty provided by law or ordinance. (c) No license required under this article shall be issued to any person who has acquired a business from someone owing a license fee hereunder for the business until the delinquent license fees are paid, provided however, that part or all of the increase may be rebated by action of the city commission. Chapter 20 - ZONING 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. 20-414. Exceptions. Sec. 20-415. Kennels. Sec. 20-416. Kennel zoning. Sec. 20-417. Residential wall buffers required. Sec. 20-418. Gasoline stations. Sec. 20.419. Home Occupations a) Purpose. The purpose of this section is to establish standards for home occupations so that they are restricted to small-scale. limited business that do not detract from the residential character of the neighborhood. b) Zoning Districts. Home occupations shall be permitted as accessory uses only in those districts noted in Chapter 20. Article III - Establishment of Districts. subject to the limitations of this section. [SOME COMMUNITIES LIKE NAPLES PROHIBIT HOME OCCUPATIONS IN ALL RESIDENTIAL DISTRICTS. OTHER COMMUNITIES LIKE SARASOTA ALLOW THEM IN ALL RESIDENTIAL DISTRICTS. WS ALLOWS THEM ONLY IN CERTAIN DISTRICTS] c) License Required. Prior to starting a home occupation. the owner or tenant of the home is required to obtain an occupationallkense from the City (see Chapter 10). The Building Department may impose reasonable conditions upon an occupational license issued for a home occupation for the purpose of insuring compliance with the standards contained in this section. If the applicant is a tenant. hel she shall obtain written permission from the property owner prior to applying for the license. d) Location. The activities of a home occupation shall occur entirely within the dwelling unit. excluding accessory structures such as garages. carports and sheds. Page 5 of7 Proposed LDC Amendments Home Occupations City of Winter Springs e) Area. Not over twenty (20) percent of the floor space of anyone (1) story shall be used for home occupation purposes. In no event shall a home occupation occupy more than five hundred (500) square feet. f) Allowed Home Occupations. Fabrication of such articles as are commonly classified under the term "arts and handicrafts" may be decmed a home occupation, subject to the othcr tcrms and conditions of this definition. Home occupations allowed include the fabrication and sale of clothing. arts and handicrafts. specialty items. flowers/plants and baked goods (not wholesale). Other allowed uses include the service of small appliances. medical and professional offices. music lessons. photography studios. tutoring and E- businesses. Only such commodities as are made on the premises may be sold on the prermses. g) Prohibited Home Occupations. Home occupations shall not be construed to include barbershops, beauty parlors, tearooms, food processing, restaurants, sale of antiques, commercial kennels, group instruction with over two students. outdoor repair shops. taxi or limousine service. real estate offices~ erinsurance offices or other uses not considered accessory to a dwelling unit as determined by the Zoning Official. [WHO MAKES THOSE DETERMINATIONS IN THE CITY?] h) Employees/Volunteer Workers. No person shall be engaged in any such home occupation other than two (2) members of the immediate family, residing on the premises. No employees or volunteer workers shall be allowed. i) Hours of Operation. Hours of operation for retail uses shall be limited to 9 am to 5 pm. Hours of operation for other uses may continue until 9 pm. by appointment only. i) Traffic & Parking. Vehicular and pedestrian traffic shall not be generated by a home occupation in a greater volume or a different vehicle type than the traffic typical in a residential neighborhood in the City (two vehicles concurrently. ten per day). k) Deliveries. Deliveries of any kind required by and made to the premises of a home occupation shall not exceed one business delivery per day. n External Appearance. There shall be no external evidence of the existence of a home occupation within a dwelling unit. m) Signs & Advertising Prohibited. No signs or advertising shall be allowed.No sign shall be used other than one (1) nonilluminated nameplate attached to the building entrance, which nameplate shall not exceed two (2) square feet in area. Bach location shaY be approved by the planning and wning board. n) Merchandise Storage & Display. Howcver, all such All sales of home occupation work or products shall be conducted within the building and there shall be no outdoor display of merchandise or products, nor shall there be any indoor display visible from the outside of the building. 0) Electrical or Mechanical Equipment. No mechanical equipment shall be used or stored on the premises in connection with the home occupation, except such that is normally used for purely domestic or household purposes. Page 60f7 Proposed LDC Amendments Home Occupations City of Winter Springs p) Performance Standards (Noise. Light. etc.). No home occupation shall create noise. vibration. glare. fumes. odors. dust. smoke or electromagnetic disturbances. No equipment or processes shall be used which create visual or audib~e interference in any radio or television receiver located nearby. No chemicals or chemical equipment shall be used. except those that are used for domestic or household purposes. Sees. 20-4l9420--20-430. Reserved. Page 70f7 *AND DESIGN INNOVA::~ l/.fO North Orlando Avenue. Suite Z95 Winter Park. Florida 3Z789 Phone: /.f07-975-1Z73 FalC: /.f07-975-1Z78 wwwLandhiz.com Memorandum To: Ron McLemore, Winter Springs City Manager From: Tracy Crowe, illI PrinciPav\'vt..l CC: Pat Tyjeski, illI Senior Planner Date: 12/02/02 Re: Lighting Standards We have reviewed those sections of the Code that regulate lighting, and have prepared amendments as requested. We have used the Seminole County lighting ordinance currendy under review by the Board of County Commissioners as a guide to draft the amendments. Attached you will find a strike-through/underline version of the relevant sections for your review. Should you have any questions while reviewing the amendments, please do not hesitate to contact our office. G:\Projects\01 026.14 \Lighting\ 120202.doc PROPOSED LDe AMENDMENTS LIGHTING REGULATIONS PART II - CODE OF ORDINANCES Chapter 6 BUILDINGS AND BUILDING REGULATIONS ARTICLE IX. SWIMMING POOLS Sec. 6-220. Electrical requirements. (a) All aboveground electric wiring not in rigid metal conduit adjacent to the pool shall be a minimum of nine (9) feet six (6) inches above ground or patio level (whichever is higher) and shall not be less than a horizontal distance of five (5) feet from the pool water's edge. No electric wiring shall extend over the pool surface. (b) Electric fixture outlets adjacent to the pool shall be Underwriter-approved weatherproof out-door type with grounding sockets, attached to rigid metal conduit and located a minimum of twelve (12) inches above the ground or patio (whichever is higher) and shall be placed a minimum of five (5) feet from the pool water's edge. (c) Electric lighting to illuminate any pool or pool patio shall be so arranged and shadowed as to prevent exposure of direct lighting upon adjoining premises. consistent with Section 13-2 of this Code. Sec. 6-222. Nuisances. (a) It is the responsibility of the pool owner to see that the operation of his pool does not cause undue noise or excess lighting which might prevent the enjoyment by adjoining property owners of their property. (b) Upon construction of a swimming pool, the owner or persons responsible for its operation shall keep in service all items designed for the purification of the water supply or its protection from pollution to perform adequately the function for which such were designed. (c) If any pool shall be allowed to contain stagnant or foul water or water containing more than 1,000 M.P.N. of E. coli, the city shall give the owner of the pool fifteen (15) days' notice to correct the deficiency. Should any owners not comply with the provisions of this section by draining or cleaning such pool, the city may then proceed with such work and the cost thereof shall be charged against the owners of the land and shall remain a lien against such land until paid. Failure by the owner to proceed within the fifteen-day period shall also be a violation of this article and punishable in accordance with section 1-15. Chapter 9 LAND DEVELOPMENT ARTICLE IV. REQUIRED IMPROVEMENTS DIVISION 6. OFF-STREET PARKING AND LOADING Sec. 9-278. General provisions for off-street parking. .f.tml1JBJijn 9nnovafiom, 9nc. Page 1 of 4 Proposed LDC Amendments Lighting Standards City of Winter Springs The off-street parking, loading and unloading requirements shall apply to all new buildings or structures, or any existing buildings that may be substantially altered and added to after the effective date of this section, except as otherwise provided in the sections of this Code. (1) Change in intensity of use... (2) Minimum distance and setbacks... (3) Screening and landscaping... (4) Lighting. Any lighting used to illuminate any off-street parking lot shall be so arranged as to reflect the light away from adjoining properties. consistent with Section 13-2 of this Code. Chapter 20 ZONING ARTICLE I. IN GENERAL Sec. 20-1. Definitions. Cut-oJr Light Fixtures. "Cut-off' refers to the proportion of light output of a fixture being distributed at 80 degrees and 90 degrees above nadir. Nadir is 0 degrees. a line pointing straight downward. The following are the varying degrees of cut-off: . Non-Cut-off: No light output Umitations in any zone. Can result in light pollution. . Semi-Cut-off: Light output at 90 degrees above nadir is less than 5% of rated Ught output. Light output at 80 degrees is less than 20% of rated light output. . Cut-off: Light output at 90 degrees above nadir is less than 2.5% of rated light output. Light output at 80 degrees is less than 10% of rated light output. . Full Cut-off: Light output at 90 degrees above nadir is 0% of rated light output. Light output at 80 degrees is less than 10% of rated Ught output. The ideal solution to Ught pollution. Foot-Candle. A foot-candle is a standard unit. estabUshed as a reference. to measure the quantity of light. One foot-candle equals the total intensit:.JT of light that falls upon a one (1) square foot surface that is placed one (1) foot away from a point source of light that equals one (1) candle power. A light meter is used to measure the foot-candle level of an area. Glare, Strong. steady and dazzling light. Brilliant reflection. Outdoor Light Fixture. Outdoor light fixtures include all outdoor illuminating devices. reflective surfaces. lamps and other devices. either permanently installed or portable. which are used for illumination or advertisement. Such devices shall include. but are not limited to. search. spot and floodlights for: 1. buildings and structures 2. recreational areas 3. parking lot Ughting 4. landscape and architectural lighting 5. billboards and other signs (advertising or other) 6. street lighting .t.arul1JesiJn 9nnovafjom, 9nc. Page 2 of 4 Proposed LDC Amendments Lighting Standards City of Winter Springs 7. product display area lighting 8. building overhangs and open canopies 9. security lighting Performance standard. A criteria established to control noise, odor, smoke, toxic or noxious matter, vibration, fire and explosive hazards and glare or heat generated by or inherent in uses of land or buildings. Shielded Light FL'Cttlres. A "shielded" fixture provides even greater control of light distribution by trimming the distribution pattern. A given fixture. for example. may be available with "house- side shields" or internal louvers and shields. which enable the distribution pattern to be trimmed so that the pattern. or even stray light. does not trespass onto neighboring property. Spill-Light. Light falling over property lines illuminating adjacent grounds or buildings in an objectionable manner. ARTICLE III. ESTABLISHMENT OF DISTRICTS DIVISION 11. R-T MOBILE HOME PARK DISTRICTS Sec. 20-318. Minimum development standards and requirements (i) Street and area lighting. Streets and accessways and other public areas will be lighted to illumination levels subject to review and approval by the eCity eCouncil. GREENEWAY INTERCHANGE ZONING DISTRICT (Article III, DIVISION 13) and S.R. 434 CORRIDOR VISION PLAN (ARTICLE VI, Division 2). Both section contain the following language: Exterior lighting shall be a cut-off light source to protect adjacent properties from glare~ consistent with Section 13-2 of this Code. All exterior lighting shall be consistent and compatible throughout the project. PART II CODE OF ORDINANCES Chapter 13 NUISANCES ARTICLE I. IN GENERAL Sec. 13-1. General prohibition. Nothing may be done on any lot which may become an annoyance or nuisance to the neighborhood. No refuse pile or unsightly objects shall be allowed to be placed or suffered to remain thereon. In the event the owner shall fail or refuse to keep premises free of refuse piles or other unsightly objects or growths, then the city commission may enter upon such land and remove the same at the expense of the owner and such entry shall not be deemed a trespass. Section 13-2. Lighting Standards bmd llMiJn 9nnovations, 9nc. Page 3 of 4 Proposed LDC Amendments Lighting Standards City of Winter Springs In order to protect the health. safety. and welfare of the City residents. motorists and the general public. and to protect views of the night sky. which add to the quality of life and economic well being of City residents. all new development shall comply with the following exterior design standards. Federal and State facilities are exempt from these regulations. Legally existing lighting not in conformance with this section may be allowed to remain until such time as the property is rezoned or redeveloped. (A) Illumination onto adjacent properties shall not exceed 0.5 foot-candles at any adjoining property line. (B) All lighting shall consist of cut-off fixtures mounted at a maximum height of: (1) On non-industrial zoned properties.............................................. 16 ft. (2) On industrial zoned properties: (a) Within 200 feet of residentially zoned property ...............16 ft. (b) Over 200 ft. away from residentially zoned property .......25 ft. Football fields. soccer fields. baseball fields. softball fields. tennis courts. golf driving ranges. show arenas or similar facilities may exceed the maximum height upon written authorization of the Development Review Committee. only if it is determined that such lighting will not have an adverse effect on surrounding properties. (C) No outdoor lighting fixtures in non-residential properties shall be located closer than fifty (50) feet from any residentially zoned property. Such distance shall be measured from the outermost part of the fixture to the closest property line. (0) Outdoor lighting fixtures shall be shielded in such a manner that no light is emitted upward. Accent lighting shall be directed exclusively at the source to be highlighted (e.g. building. sign. landscaping). Low intensil;J'. low level pedestrian lighting may be exempt from this requirement if the Development Review Committee finds that the proposed fixtures will not create unnecessary glare. (m Lighting of outdoor facilities such as recreational facilities. outdoor-display areas. gasoline stations. and similar facilities shall be fully shielded or designed with sharp cut- off capability. so as to minimize up-light. spill-light. and glare. (F) All site development plans submitted for City review shall include a lighting plan. indicating types of fixtures. intensity of lighting (foot-candles at closest adjoining properl;J'), and any other information necessary to show compliance with this section. (0) The Development Review Committee may approve deviations to the requirements of this section if it determines that such deviations are necessary for the safety and security of people and/or property. (H) The following lights are prohibited: (1) Laser lights or similar intensity lights projecting up to the sky. (2) Search lights for advertising and/or promotional purposes. .&m11JesiJn ?nnovatiom, ?nc. Page 4 of 4 * LAND DESIGN INNOVA;.~~"~ l/fO North Orlando Avenue. Suite 295 Winter Pork, rlorida 32789 Phone: /f07-975-1273 ral(: /f07-975-IZ78 wwwLandbiz.c;om Memorandum To: Ron McLemore, Winter Springs City Manager r rom Tracy Crowe, illI Principal CC: Pat Tyjeski, illI Senior Planner Vate: 12/10/02 'Re: Noise Standards We have reviewed those sections of the Code that regulate noise, and have prepared amendments as requested. Attached you will find a strike-through/underline version of the relevant sections for your reVIew. Should you have any questions while reviewing the amendments, please do not hesitate to contact our office. G:\Projects\D1 026.14INoiselNoise121 Q02.doc PROPOSED LDC AMENDMENTS NOISE REGULATIONS PART II CODE OF ORDINANCES Chapter 1 GENERAL PROVISIONS Sec. 1-15. General penalty; continuing violations; violation as public nuisance. (a) Whenever in this code, or in any ordinance or resolution of the city, or rule, regulation or order promulgated by any officer or agency of the city under authority duly vested in him of it, any act is prohibited or is declared to be unlawful, or the doing of any act is required or the failure to do any act is declared unlawful, and no specific penalty is provided for the violation thereof, the violation of any such provision of this code or any such ordinance, resolution, rule, regulation or order shall be punished by a fine of not more than five hundred dollars ($500.00). Each day any violation of any of the provisions of this code or any such ordinance, resolution, rule, regulation or order shall continue, and shall constitute a separate offense. (b) In addition to the penalties hereinabove provided, any condition caused or permitted to exist in violation of any of the provisions of this Code or any such ordinance, resolution, rule, regulation or order shall be deemed a public nuisance and may be abated by the city as provided by law, and each day that such condition continues shall be regarded as a new and separate offense. Chapter 13 NUISANCES ARTICLE I. IN GENERAL Sec. 13-1. General prohibition. Nothing may be done on any lot which may become an annoyance or nuisance to the neighborhood. No refuse pile or unsightly objects shall be allowed to be placed or suffered to remain thereon. In the event the owner shall fail or refuse to keep premises free of refuse piles or other unsightly objects or growths, then the city commission may enter upon such land and remove the same at the expense of the owner and such entry shall not be deemed a trespass. ARTICLE II. NOISE Sec. 13-26. Prohibited generally. It shall be unlawful for any person to make, create, or maintain any unreasonably loud, disturbing, and unnecessary noise within the city. Noise of such character, intensity, or duration as to be detrimental to the life, health, comfort, or repose of any individual is prohibited. Sec. 13-27. Disorderly conduct. Any person endangering or disturbing the public peace or violating public decency by using any abusive, obscene, or profane language, or making any threats of violence to or against any other ltml1Jesi!Jn 9nnovafionJ, 9nc. Page 1 of 4 Proposed lDC Amendments Noise Standards City of Winter Springs person, or by being noisy and disorderly in or upon any street or other public place in disturbance of the public tranquility shall, upon conviction, be punished as provided in section 1-15. Sec. 13-28. School, church, hospital zones. It shall be unlawful for any person to make, create, or maintain any excessive noise on any street adjacent to any school, church, institution of learning, or court while the same is in session, or adjacent to any hospital when such noise unreasonably disturbs the usual quiet prevailing at such institution; provided, that conspicuous signs are displayed in such streets indicating that the same is adjacent to a school, church, hospital, or court. Sec. 13-29. Peddlers, hawkers, vendors. It shall be unlawful for peddlers, hawkers, or vendors to shout or cry along or on the street to the disturbance of peace or quiet of the neighborhood. Sec. 13-30. Drums, loudspeakers, etc. It shall be unlawful for any person to create, make, or maintain any noise by the use of any drum, loudspeaker, or other instrument or device in the city for the purpose of attracting attention to any performance, show, sale, or display of merchandise or place of business, except under a specific license certificate from the chief of police. Sec. 13-31. Mechanical loudspeakers, amplifiers. It shall be unlawful for any person to use any mechanical loudspeakers or amplifiers on trucks or other moving vehicles or outside of a building for advertising or other purposes, except under a specific license certificate from the chief of police. Sec. 13-32. Gongs, sirens on vehicles. It shall be unlawful for any person to carry or use upon any vehicle any gong or siren whistle similar to that used on ambulances or vehicles of the police and fire departments. Sec. 13-33. Playing radios, phonographs, etc. It shall be unlawful for any person to play any radio, phonograph, or any musical instrument or operate a sound-amplifying device within the city in such a manner or with such volume, especially during the hours between +G2:00 p.m. and 7:00 a.m., as to annoy or disturb the quiet, comfort, or repose of persons in any dwelling, hotel, or other type of residence. The standards of Section 13-35 shall be used to determine if the noise is excessive. Sec. 13-34. Animals, birds. It shall be unlawful for any person to keep any animal or bird within the city which by causing frequent or long continued noise shall disturb the comfort and repose of any person in the vicinity. Sec. 13-35. Noise measurement. For the purpose of determining and classifying any noise as excessive and unnecessary noise or as an unusually loud noise. which is hereby declared to be unlawful and prohibited by this article. the following test measurements may be applied provided. however. a violation of this article may occur without the occasion of the measurements being made. bml t{)esiJn 9nnOflafions, 9nc. Page 2 of 4 Proposed LDC Amendments Noise Standards City of Winter Springs DAY NIGHT SOURCE OF NOISE (7 AM--9 PM) (9 PM--7 AM) Residential 60 dBA 55 dBA Office 70 dBA 65 dBA Commercial 70 dBA 65 dBA Industrial 75 dBA 75 dBA NOTE: As measured at the properl:j' line of the recipient of such noise. All measurements shall be made with a sound level meter that satisfies the requirements pertinent for Type 2 Sound Level Meters in the American National Specification for Sound Level Meters. S 1.4-1983. The sound level meter shall preferably have an AC output port to permit the use of headphones. The sound level meter shall be calibrated following the meter manufacturer's recommendations within an acoustical calibrator or a piston phone calibrator. A windscreen shall be utilized with the sound level meter. The measurements shall in general be made in accordance with American Society for Testing and Materials ASTM E1014-84. entitled "Standard Guide for Measurement of Outdoor A-Weighted Sound Levels." The A-weighting scale of the sound level meter shall be utilized. Sec. 13-36. Permitted Hours of Operation for Construction and Lawn Maintenance Construction work (including the erection. demolition. alteration or repair of any building) and lawn maintenance. tree trimming and tree removal activities may be conducted only during the following hours: Monday through Friday Saturday & Sunday Sec. 13-37. Exempt Noises. The following types of noises shall be exempt from the provisions of this Section: 7:00 AM and 6:00 PM 8:00 AM and 7:00 PM (1) Noises from safel:j' signals. emergency equipment and vehicles. warning devices and emergency pressure release valves and law enforcement activities. including training. (2) Ordinary domestic noises provided such noises comply with the requirements of Section 13-35. Chapter 20 ZONING ARTICLE I. IN GENERAL Sec. 20-1. Definitions A-weighted level (dBA). Total broad band sound level of the noise spectrum as measured using the "A-weighted network" of a sound level meter (SML). The unit of measurement is the dBA. All fanl1Jesi!Jn 9nnovationJ, 9nc. Page 3 of 4 Proposed lDC Amendments Noise Standards City of Winter Springs sound level meter settings shall be for slow response. except for impulsive noise measurements which shall be fast response. Ambient noise. All-encompassing noise associated with a given environment. being usually a composite of sounds from many sources near and far. For the purposes of this section. ambient noise level is the level obtained when the noise level is averaged over a period of at least 15 minutes without inclusion of noise from occasional or occasional and transient sources. at the location and time of day near that at which a comparison is to be made. Amp/~fied sound. Sound modified by the use of a public address system. loudspeaker. amplifier or any other sound amplifying equipment. Decibel (dB). A unit for describing the amplitude of sound. equal to 20 times the logarithm to the base ten of the ratio of the pressure of the sound measured to the reference pressure. which is 20 micronewtons per square meter. Noise. Any sound which either exceeds the maximum permitted sound levels or otherwise unreasonably disturbs. injures or endangers the comfort. repose. health. peace or safety of others. Performance standard. A criteria established to control noise, odor, smoke, toxic or noxious matter, vibration, fire and explosive hazards and glare or heat generated by or inherent in uses of land or buildings. Sound. An oscillation in pressure. stress. particle displacement. particle velocity or other physical parameter. in a medium with internal forces. The description of sound may include any characteristic of such sound including duration. intensil:)' and frequency. Sound amplifving equ~/Jment. Any machine or device for the amplification of human voice. music. or any other sound. but shall not include: a. Automobile radios. stereo players or television receivers when used and heard only by the occupants of the vehicle in which the same is installed. b. Radios. stereo players. phonographs or television receivers used in any house or apartment within any residential zone when used and heard only by the occupants of the house or apartment in which said equipment is located. c. Warning devices on emergency vehicles. d. Horns or other warning devices authorized by law on any vehicle when used for traffic purposes. Sound level meter. Instrument used to measure the sound pressure level of relatively continuous and broadband noises. The sound level meter used to determine compliance with this section shall meet or exceed the requirements for l:)'pe 2 sound level meter in accordance with ANSI Standard S 1.4. .f.JInl1JBJi!}n 9nnovafionJ, 9nc. Page 4 of 4