Where corner lots in residential districts are platted in such a manner as to change the normal yard pattern along either of the intersecting streets, the required front yard shall be provided across the end of the lot fronting on the street, and a yard measuring not less than 15 feet from the street line shall be provided along the full length of the lot on the side toward the intersecting street. No portion of any main or accessory building shall encroach upon the latter yard.

(Code 1988, § 24-52(a))

All single-family residential construction with less than a ten-foot side yard setback must install all outdoor air conditioning units or similar site built equipment or apparatus in the rear yard, unless it meets both of the following requirements:

(1)

Air conditioning units or other similar equipment shall be spaced no closer than 12 feet apart as measured between equipment pads and shall not be aligned with units or similar equipment on an adjoining lot. The 12-foot minimum separation shall be maintained whether units or similar equipment are on the same lot or on an adjoining lot.

(2)

Placing of air conditioning units or similar equipment in the side yard shall not interfere with the drainage of the lot or adjoining lot or lots.

(Ord. No. 00-53, § I, 9-24-00)

The following shall apply to commercial structures and uses involving the sale, storage, service, or repairs of motor vehicles:

(1)

No public street, parking, sidewalk or way shall be used for the storage or parking of motor vehicles in connection with the activities of such establishments, except for normal permitted parking by individual private owners or operators of such vehicles.

(2)

No operation in connection with such establishments shall be conducted in a manner which impedes free flow of vehicular or pedestrian traffic in normal courses on public ways.

(3)

All motor vehicles being handled, stored or repaired by such establishments or in connection with such operations shall be maintained in such condition that they may be moved under their own power at any time, except such vehicles as may be stored or under repair in garages or other buildings as provided in this division.

(4)

No repair of motor vehicles or parts thereof shall be made except within garages, service stations, body shops, or other enclosed building provided for such purposes, and no storage or parts of motor vehicles shall be other than in an enclosed building.

(5)

No permit shall be issued for the erection of a garage for storage of more than five motor vehicles or for a service station or for conversion to such purposes of any premises not so used on any portion of any lot or plot which is within 200 feet of any portion of any lot or plot on which is located a school, a church, a theater or an auditorium containing 100 or more seats, a public library, or a hospital or sanitarium.

(Code 1988, § 24-52(b))

(a)

Definition. As used in this section, the term "disabled motor vehicle" shall refer to any motor-driven vehicle, regardless of the size, which is incapable of being self-propelled upon the public streets of this city or which does not meet the requirements for operation upon the public streets, including a current motor vehicle license.

(b)

Front and side yards. Disabled motor vehicles shall not be permitted in a front or side yard as defined by this chapter; provided, however, that a reasonable time (not to exceed 48 hours from the time of disability) shall be permitted for the removal or servicing of a disabled vehicle in any emergency caused by accident or sudden breakdown of the vehicle.

(c)

Rear yards. One disabled motor vehicle may be permitted in the rear yard of a residential lot as an accessory use to the main use of the lot, provided that such vehicle is not located in any open space required by this chapter. Service and repair work may be performed on such vehicle, and parts, tools, and equipment incidental to such service and repair thereto may be stored and used. Nothing contained in this subsection shall be construed as authorizing the disassembling, tearing down, or scrapping of a motor vehicle or to permit one motor vehicle to be scavenged or stripped for parts for use on another motor vehicle. However, a disabled vehicle shall not be permitted to remain outside of a building for a period in excess of 30 days on any lot used for residential purposes or on that portion of any lot within 20 feet of an abutting lot used for residential purposes.

(d)

Garage. Storage, service, and repair of a disabled motor vehicle which is conducted entirely within the confines of a completely enclosed garage (not to include an open carport) shall be permitted, provided that such lot and that such use is not a commercial use of the property, unless such use is authorized by other city ordinances.

(e)

Uses authorized. Storage, repair, and servicing of disabled motor vehicles not authorized in this division or in article IV and article V of this chapter and the tearing down, stripping, or junking of motor vehicles shall be permitted only where and when such use is specifically authorized, permitted, or licensed under other city ordinances and in accordance therewith.

(f)

Compliance. It shall be jointly the responsibility of the property owner, the owner of the disabled vehicle and the tenant or lessee on whose property a disabled vehicle is located to meet the requirements of this section.

(g)

Enforcement.

(1)

It shall be the duty of the city manager to enforce this section.

(2)

When a disabled motor vehicle is found to be in violation of this section, the city manager shall give the owner on whose property the disabled motor vehicle is located a notice that the vehicle is in violation of this chapter and must be removed within ten days. Such notice shall be in writing and shall state the date the ten-day notice shall expire and the authority for any person having a legal interest in the vehicle to contact the city manager and that if the notice has not been complied with the city manager shall remove or cause to be removed the disabled motor vehicle from the property and transfer the vehicle to an auto-wrecking yard approved by the city commission for storage until redeemed at the owner's expense.

(3)

All disabled motor vehicles removed in accordance with subsection (g)(2) of this section shall be subject to a reasonable towing or removal charge, which shall be due by the property owner or any person claiming an interest in the disabled vehicle at the time of removal.

(4)

In addition to the enforcement authority in subsections (g)(2) and (g)(3) of this section, the violation of this section may be enforced in a court of competent jurisdiction in accordance with the general statutory and Code provisions, and general statutory penalty and the penalty in section 1-15, with each day's violation being a separate offense.

(Code 1988, § 24-52(c))

Townhouses shall be approved for a specific site only if:

(1)

The proposed site shall be adequately served by all necessary public utilities and adequate streets.

(2)

The proposed site shall be of such size and proportions so as to be adaptable to townhouse development in accordance with the site development standards and requirements of this division.

(Code 1988, § 24-76(a))

When townhouses are proposed for development upon existing platted lots or within a proposed subdivision of conventional lot and block design, the minimum area for townhouse development shall be that area comprising all lots within a block fronting upon a single street, provided that the minimum frontage area may be reduced to a minimum of 100 lineal feet subject to the approval of the planning and zoning board. Where townhouse development is proposed as a unit with common parking and open areas provided, the minimum gross site area shall be one acre. Density shall in no case exceed ten units per acre.

(Code 1988, § 24-76(b)(1))

Each townhouse unit shall have a minimum lot area of 1,800 square feet of usable land and a minimum width of 18 feet. A front yard having a minimum depth of 15 feet and a rear yard having a minimum depth of 30 feet shall be provided, except that a front yard having a minimum depth of 20 feet may be provided, in which event a rear yard having a minimum depth of 25 feet shall be provided. A screened porch attached to a townhouse shall be permitted in the required rear yard so long as such porch does not extend more than 12 feet into the required rear yard.

(Code 1988, § 24-76(b)(2))

For townhouses, no less than three dwelling units and no more than nine dwelling units shall be contiguous. No more than two contiguous units shall be built in a row with the same or approximately the same front line. No contiguous unit or series of units shall be more than 162 feet in length without provision for space between units as required in section 118-1161.

(Code 1988, § 24-76(b)(3))

Under this division, the minimum difference in building line setback to provide variation shall be two feet.

(Code 1988, § 24-76(b)(4))

(a)

No portion of a townhouse or accessory structure in or related to one group of contiguous townhouses shall be closer than 20 feet to any portion of a townhouse or accessory structure related to another group or to any building outside the townhouse area.

(b)

A side yard having a minimum width of seven feet shall be provided adjacent to any public right-of-way. However, for a reversed frontage where the lot or principal entrance to a townhouse unit faces an intersecting street, a yard having a minimum width of 15 feet shall be provided.

(Code 1988, § 24-76(b)(5))

Maximum building height for townhouses shall not exceed 35 feet.

(Code 1988, § 24-76(b)(6))

At least one off-street parking space shall be provided for each dwelling unit of a townhouse, either on the lot or within a common area, so as to be not more than 100 feet by the most direct pedestrian route from a door of the dwelling unit it is intended to serve. Off-street parking space to satisfy this requirement shall be permitted within a required front or side yard.

(Code 1988, § 24-76(b)(7))

Variations from the site development standards in this division may be permitted by the planning and zoning board with a site development plan of the entire developed unit.

(Code 1988, § 24-76(b)(8))

Townhouse developments of 20 or more dwellings shall have common open areas suitably developed for recreation purposes, not including parking lots, equal to 300 square feet per dwelling. The requirements shall apply whether or not actual construction or development is carried out by units or sections having less than 20 dwellings.

(Code 1988, § 24-76(b)(9))

Under this division, accessory buildings and requisite parking facilities are permitted, where structures are located not less than 60 feet from the front lot line or less than five feet from any other street line, and with a side lot line of not less than two feet for fireproof construction or not less than four feet for nonfireproof construction, except as otherwise provided for in this chapter, provided that a private garage may be constructed as a part of the main building or be attached to it by a covered passage.

(Code 1988, § 24-76(c))

(a)

Each garden apartment lot shall contain a minimum of 10,000 square feet and shall be a minimum of 85 feet wide at the front building setback line and shall be 100 feet in depth.

(b)

The first four units of any multifamily structure shall require a minimum of 10,000 square feet of lot area; for each dwelling unit in excess of four on the first two floors, there shall be an additional 1,200 square feet of lot area; for each dwelling unit on the third and fourth floors, there shall be an additional 900 square feet of lot area. In no case shall the density exceed ten units per acre.

(Code 1988, § 24-77(a))

For garden apartments, building height is limited to a maximum of 35 feet.

(Code 1988, § 24-77(b))

The maximum area of land coverage by structures shall be regulated by the setbacks of this division.

(Code 1988, § 24-77(c))

(a)

For garden apartments a front yard is required of a minimum of 25 feet in depth measured from a right-of-way line to the front of the structure, plus one foot for each two feet of building over 25 feet. No front yard exceeding 35 feet shall be required.

(b)

There shall be a rear and side yard on each side to the dwelling or accessory structure of a minimum of 15 feet for the first two stories, and 20 feet for three stories plus one foot for each two feet over 25 feet, except that no side or rear yard over 30 feet will be required. Any rear or side yard abutting a street shall be 25 feet, plus one foot for each two feet over 25 feet, except no side or rear yard over 35 feet will be required.

(Code 1988, § 24-77(d))

The minimum off-street parking and loading requirements for garden apartments shall be as provided in article VIII of this chapter.

(Code 1988, § 24-77(e))

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Mobile home means a detached single-family dwelling unit with all of the following characteristics:

(1)

Designed for longterm occupancy and containing sleeping accommodations, a flush toilet, a tub or showerbath, and kitchen facilities, with plumbing and electrical connections provided for attachment to outside systems.

(2)

Designed to be transported after fabrication on its own wheels, or on a flatbed or other trailer or detachable wheels.

(3)

Arriving at the site where it is to be occupied as a complete dwelling, including major appliances and furniture, and ready for occupancy except for minor and incidental unpacking and assembly operations, location on foundation supports, connection to utilities, and the like.

(4)

Any vehicle, trailer or similar portable structure, with or without its own movable power, having no integral foundation other than wheels, jacks, or skirtings, and used, designed or constructed to be used as a conveyance on the public streets and designed or connected to permanent occupancy for dwelling or sleeping purposes. Removal of the means of conveyance from a mobile home or the construction of a permanent foundation for a mobile home does not change the meaning of the term "mobile home" as defined in this section or used in this division. The term "mobile home" does not include travel trailers as defined in section 118-1261.

Mobile home park means a tract of land, under a single ownership, prepared and approved according to the procedures of this division to accommodate ten or more mobile homes. Individual lots shall not be sold.

(Code 1988, § 24-78(a)(1), (b))

Cross reference— Definitions generally, § 1-2.

A mobile home park may be permitted only in those zoning districts where it is designated as a special exception or permitted as a principal use. All mobile home parks shall conform with all provisions of the state and shall conform with all applicable sections of this chapter. All mobile home parks shall be subject to this division.

(Code 1988, § 24-78(c))

The mobile home park site plan to be submitted to the director of planning, along with a special exception permit application if such is necessary, shall show at least the following information and shall be approved by the planning and zoning board:

(1)

Name and address of the applicant.

(2)

Name and location of the mobile home park.

(3)

Dimensions and locations of all lot lines, setback lines, roads and easements. Each mobile home lot shall be numbered. Lot corner markers or monuments are required in accordance with chapter 110.

(4)

Contour lines to indicate slope and drainage.

(5)

Location of all utilities including public and private water, sewerage, drainage, and electrical facilities and easements. Utilities and facilities will be provided by the owner, meeting the requirements of chapter 110.

(6)

Visitor parking areas, recreation areas or other similar uses, if such areas are provided.

(7)

Large scale plan of one typical mobile home lot showing the mobile home location, mobile home parking space and open space.

(8)

Location of landscaping, separation or buffer strip and protective screening if required as a special condition.

(Code 1988, § 24-78(c)(1))

The premises of a mobile home park shall be used for mobile homes and those accessory buildings and uses specifically designated in the approved plan or special exception permit only. The sale of mobile homes is specifically prohibited in mobile home parks.

(Code 1988, § 24-78(c)(2))

The tract of land must be suitable for a mobile home park by virtue of its location, slope, topography and the nature of the surrounding development.

(Code 1988, § 24-78(c)(3))

All mobile home parks shall conform with the following standards of development:

(1)

All mobile home parks shall include lots for at least ten mobile homes.

(2)

Lot area for doublewide mobile homes shall be at least 5,000 square feet with no portion of the lot width being less than 55 feet. Lot area for singlewide mobile homes shall be at least 4,000 square feet with no portion of the lot width being less than 45 feet.

(3)

All mobile home parks shall front on a public street for at least 150 feet.

(4)

All mobile home park access points on a public street shall be located at least 50 feet apart, and all mobile home park access points shall be located at least 75 feet from the intersection of any public street right-of-way lines. The planning and zoning board shall require wider spacing between access points and intersecting public street right-of-way lines when the mobile home park has more than the minimum required frontage on a public street. All access points shall be specifically approved by the planning and zoning board.

(5)

All mobile homes shall be located at least ten feet from all property lines.

(6)

A landscaped separation strip or buffer zone, at least five feet in width, shall be provided along property lines and public streets on which the project is located. The planning and zoning board may also require that the mobile home park be permanently screened from adjoining and contiguous properties by a wall, fence, evergreen hedge or other approved enclosures. Such screening, if required, shall be located within the required separation strip and shall have a minimum height of 4½ feet and a maximum height of seven feet.

(7)

No mobile home or permanent attachment thereto shall be located closer than 16 feet to another mobile home or accessory use or structure.

(8)

Streets within the mobile home park must conform to the requirements of chapter 110. However, the developer may elect not to place the subdivision plat of record and thereby dedicating the streets and, for such election, the developer must furnish the city an easement for ingress and egress over, across, upon and under the streets and must maintain the streets to city specifications as long as the land is used as a mobile home park.

(9)

There shall be a minimum of two (200 square feet) of off-street paved parking spaces for each mobile home lot.

(10)

All mobile home parks shall conform with the state department of health regulations which prescribe standards for water supply, sewage disposal and other facilities.

(11)

All mobile home parks shall be adequately drained so that no mobile home park shall be subjected to the collection of stormwater.

(12)

Only one unlighted sign, not over four square feet in area, identifying the mobile home park on the premises shall be permitted.

(13)

A minimum of 200 square feet per lot of common, usable open space for recreational uses is required. This common open space is in addition to lot area requirements.

(14)

Density for mobile home parks shall not exceed eight units per gross acre.

(Code 1988, § 24-78(c)(4))

After the approval by the planning and zoning board of the plan and the granting of the special exception if necessary, the building official shall not issue a building permit for an approved mobile home park until the applicant presents a valid construction permit from the state department of health, as required.

(Code 1988, § 24-78(c)(5))

The building official shall not issue a certificate of occupancy for any approved mobile home park until the applicant presents a valid operator's permit from the state department of health, as required.

(Code 1988, § 24-78(c)(6))

All mobile home parks must comply with the impact fee in division 2 of article V of chapter 110.

(Code 1988, § 24-78(d))

Editor's note— Ord. No. 98-03, § IV, adopted Feb. 12, 1998, repealed § 118-1235, which pertained to tie-down inspection fees and derived from Code 1988, § 24-78(e).

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Long term recreational vehicle. Any "park trailer," "travel trailer," "fifth-wheel trailer," or "motor home" on a recreational vehicle lot for six months or more.

Long term recreational vehicle lot. A recreational vehicle lot which can accommodate a recreational vehicle for six months or more.

Manufactured homes. Are as defined by the F.S. ch. 320.

Mobile home. As defined by the F.S. ch. 320.

Recreational vehicles, to include:

• Travel trailers

• Camping trailer

• Truck campers

• Motor homes

• Park trailers

• Private motor coaches

• Van conversions, and

• Fifth-wheel trailers

Are defined in F.S. § 320.01.

Recreational vehicle lot. A lot within a recreational vehicle park which can accommodate a recreational vehicle that may be occupied by humans and which is intended to be connected to essential utilities such as water, sewer and electric.

Recreational vehicle park. A parcel of land where recreational vehicle lots are offered for placement of recreational vehicles for long-term and temporary dwelling use. Recreational vehicle parks may also contain lots for camping and recreational vehicle storage use as well as facilities, structures and improvements for the use and benefit of the residents and users of residential vehicle park and for care and maintenance of the park.

Recreational vehicle storage lot. A lot within a recreational vehicle park which can accommodate a recreational vehicle that will be unoccupied by humans and will not be connected to essential utilities such as water, sewer and electric.

Temporary recreational vehicles. Any "travel trailer," "camping trailer," "truck camper," "motor home," "private motor coach," "van conversion," or "fifth-wheel trailer" on a recreational vehicle lot for less than six months.

Temporary recreational vehicle lot. A recreational vehicle lot which can accommodate a temporary recreational vehicle for a period less than six continuous months.

(Ord. No. 03-10, § II, 7-10-03)

(a)

Recreational vehicle parks may be permitted only in C-2 districts as a special exception use under this chapter, and then only if the proposed recreational vehicle park is approved as a special exception use by the planning and zoning board in accordance with this division and conditions, limitations and provisions imposed by the board.

(b)

All recreational vehicle parks shall conform with all applicable regulations of the state department of health and shall conform with all applicable sections of this division as may be conditioned, limited and provided for in the special exception approval. All recreational vehicle parks shall be subject to this division, in addition to the regulations for all special exception uses.

(Ord. No. 03-10, § II, 7-10-03)

The lot map shall be prepared by the owner/developer of each RV park and updated whenever the owner desires to change any lot dimension or location. The lot map of a recreational vehicle park shall be submitted to the city manager for approval and shall show the following information, in addition to the information required for the special exception use:

(1)

Dimensions and locations of all recreational vehicle lots and setback lines. Each recreational vehicle lot shall be numbered.

(2)

Large scale plan of the typical recreational vehicle lots showing recreational vehicle location, automobile parking space and open space.

(3)

Location of stormwater, utilities, driveways, open space, management offices, and other proposed or existing improvements.

(Ord. No. 03-10, § II, 7-10-03)

All recreational vehicle parks shall conform with the following minimum standards of development:

(1)

Recreational vehicle parks shall contain not less than five acres.

(2)

Each recreational vehicle lot shall have a lot area of at least 2,000 square feet, with a minimum lot width of 35 feet.

(3)

The overall density of a recreational vehicle parks shall not exceed 14 recreational vehicle lots per gross acre. Recreational vehicle storage lots within a recreational vehicle park shall not be included in the recreational vehicle lot density calculation.

(4)

All recreational vehicle parks shall front on a street for at least 150 feet.

(5)

All recreational vehicle park access points on a street shall be located at least 150 feet apart and at least 150 feet from the intersection of any street right-of-way lines. The planning and zoning board shall require wider spacing between access points and intersection street right-of-way lines when the recreational vehicle park has more than the minimum required frontage on a street.

(6)

All recreational vehicles shall be set back at least 30 feet from the right-of-way of all collectors, arterials or abutting residential zones or 20 feet from a local street.

(7)

All recreational vehicles and their attachments shall be setback at least ten feet from other recreational vehicles located on adjacent lots.

(8)

An access road shall provide direct access to each recreational vehicle lot. No recreational vehicle shall be located any closer than ten feet to the edge of this access road. The area occupied by the access road shall not fulfill any part of the area requirements for any lot. All dead-end roads within the recreational vehicle park shall be designed to enable recreational vehicles to reverse direction without having to back more than one recreational vehicle length.

(9)

A landscaped buffer strip at least 20 feet in width shall be provided along all streets of at least collector classification and abutting residential uses, and ten feet along local streets. (See section 118-1299.)

(10)

No recreational vehicle shall be connected to electric, gas, telephone, water, sewer or any other utility or service in, through or at another structure. All such utility and service connections shall be made directly to the recreational vehicle from regular utility service lines in the same manner that connections are provided to other structures within the area.

(11)

All recreational vehicle parks shall conform with the state department of health regulations which prescribed standards for water supply, sewage disposal, and other facilities. A minimum of 75 percent of all recreational vehicle lots within each recreational vehicle park, and all long term recreational vehicle lots must be served with sewage disposal facilities.

(12)

All recreational vehicle parks shall be adequately drained so that no recreational vehicle lot shall be subject to the collection of stormwater.

(13)

All streets shall meet the construction standards of chapter 110 as relates to base materials and surfacing.

(14)

Temporary recreational vehicles lots. All recreational vehicles located on any temporary recreational vehicle lot shall remain in a temporary status and mobile condition at all times. Compliance with the following is required:

a.

No wheels or tires shall be removed except for repairs.

b.

No axles shall be removed except for repairs.

c.

No tongues shall be removed from trailers except for repairs.

d.

No enclosures or attachments shall be present on any lot unless they are accessories which are of a type that may be purchased from the manufacturer of the specific trailer or are used consistent with the purpose for which they were designed and manufactured and, further, unless they are temporary attachments or enclosures. The term "temporary" means transient as opposed to the term "permanent," which means fixed, not expected to change in status, condition or place. As an example, an awning that retracts to the trailer is temporary and permitted; a screen enclosure on or around a concrete slab is permanent and prohibited.

e.

Skirting is permitted but must be of a temporary nature. Temporary skirting for temporary recreational vehicles is required if the recreational vehicle is to remain on a lot for six months or more.

f.

Types of recreational vehicles. Park trailers are not allowed in established temporary recreational vehicle lots. All other types of recreational vehicles (to include "travel trailers," "camping trailers," "truck campers," "motor homes," "private motor coaches," "van conversions," and "fifth-wheel trailers") are allowed on temporary recreational vehicle lots provided that they remain portable and only remain inhabited by humans for a maximum of six continuous months per year commencing on the first day the recreational vehicle is place upon a lot and is occupied.

(15)

Long term recreational vehicles lots. Up to 80 percent of the recreational vehicle lots may be designated as long term recreational vehicles lots provided they are in compliance with the following:

a.

Types of recreational vehicles. Only "park trailers", "travel trailers", "fifth-wheel trailers," or "motor homes" located on a long term recreational vehicle lot may remain inhabited by humans for more than six continuous months per year commencing on the first day the recreational vehicle is placed upon a lot and is occupied. All other recreational vehicles (to include "camping trailers," "truck campers," "private motor coaches," and "van conversions") located on a long term recreational vehicle lot must remain portable and may only be inhabited by humans for a maximum of six continuous months per year commencing on the first day the recreational vehicle is placed upon a lot and is occupied.

b.

Building permits and impact fees. All long term recreational vehicles must be blocked, tie-down, and skirted in compliance with state and city regulations. All long term recreational vehicles must comply with the separation and setback requirements identified above. Building permits are required. Unless vested, the owner must pay the following impact fees for each long term recreational vehicle lot:

1.

Roads—$824.00

2.

Trash—$20.00

3.

Police—$130.00

4.

Recreation—$215.00

5.

Fire—$165.00

Impact fee vesting. All long term recreational vehicle lots which are currently occupied by recreational vehicles or are mapped as long term recreational vehicle lots as of the effective date of this division, are vested against and shall not be subject to nor required to pay any impact fees. Change in the ownership of recreational vehicle lots or the long term recreational vehicles that occupy the lots, or the change in the recreational vehicles that occupy the lots or future vacancy of the recreational vehicle lot, does not affect the impact fee vesting of recreational vehicle lots. Proof of vesting of long term recreational vehicle lots for impact fees will be established for recreational vehicle parks by the city commission via resolution or vested rights agreement. The owner of a recreational vehicle park may request a vesting determination by petitioning the city. The owner must provide evidence of long term renters for each lot for which the owner is requesting vesting. This evidence may include photos, leases, utility bills, maps, testimony and other evidence. The commission will grant vesting status against impact fees for each long term recreational vehicle lot that is established as having been in continuous service since the date impact fees were established in the City of Winter Garden.

c.

Lease. A written rental agreement for all long term recreational vehicle leases is required. The lease shall contain the following requirements:

1.

All animals or pets must comply with the city's ordinance pertaining to animals.

2.

No business shall be conducted from the recreational vehicle park unless they comply with the city's home occupation requirements and providing said business is an "office only" business that has no outside employees, no customers that visit the site, and no trucks, vans, and/or trailers on the site at any time.

d.

Accessory structures. Each long term recreational vehicle that complies with the tie-down section of this Code may have one covered or uncovered (but not enclosed) attached permanent structure such as a deck, a porch or a car port. These structures must maintain a ten-foot separation from another recreational vehicle, shed, or other permanent structure as well as being ten feet from an internal access road. A tool or storage shed is permitted on each long term recreational vehicle lot.

e.

Segregation. Prior to allowing long term recreational vehicles in the park, the owner must submit a plan to be approved by the city commission via resolution identifying the number and location of the long term recreational vehicles. This area must be segregated from the short term lots. The plan must also identify residents that are present for six months and gone for six months and residents that are present for longer than six months.

(16)

Recreational vehicle storage lots. Recreational vehicles may be stored on lots designated as recreational vehicle storage lots so long as the recreational vehicle remains unoccupied by humans and will not be connected to essential utilities such as water, sewer and electric.

(17)

Camping lots. Camping tents are allowed in the park on designated camping lots for a period of up to of 30 days for each camping tent. The location of camping tent lots must be segregated from the recreational vehicle lot portion of the park.

(18)

For sale. Although each individual owner of a recreational vehicle may place one "for sale" sign in the window of the recreational vehicle that is for sale, there shall be no sales or advertisement of sales for recreational vehicles by the park owner or his designee without special exception permit issued by the planning and zoning board. The board may place reasonable conditions such as time, place, and manner restrictions.

(19)

Proper care and maintenance. All recreational vehicles and recreational vehicle lots shall be clean and in good repair at all times. Periodic visual inspection of units and the premises shall be conducted by the property owner or his designee to insure each unit is in good condition, as well as mechanically and cosmetically sound. The owner or his designee shall also insure all premises are in a clean orderly, and law abiding manner and to keep the yards thereof free of weeds, debris, and/or material that may become unsightly or a detriment to the appearance of said premises. The park manager shall have the right to enter and inspect said premises at any and all reasonable times. All park managers must oversee and regulate all lots and tenants for standards for maintenance of all property and individual lots and recreational vehicles. City code enforcement officials may also make periodic inspections to ensure compliance with the city's codes.

(20)

Mobile homes. No mobile homes or manufactured homes are allowed in the recreational vehicle park on either long term or temporary recreational vehicle lots or on recreational vehicle storage lots or camping lots.

(21)

Nonconforming situations. All recreational vehicle parks must come into compliance with subsections (6), (7) and (14) through (20) of section 118-1264, within 18 months of the effective date of this division. However, any pre-existing recreational vehicle park which is non-conforming may enter into a vested rights agreement with the city commission prior to, on or after the effective date of this division. Such vested rights agreement may allow the non-conforming status of the recreational vehicle park to continue pursuant to the terms of such vested rights agreement regardless of the provisions of this division.

(22)

Recreational vehicle lot conversion. Conversion of long term recreational vehicle lots to six-month present, six-month absent lots and vice versa shall be allowed and no impact fees or building permit fees shall be assessed for any such change. However, written notice of such conversion shall be provided to the city. Conversion of temporary recreational vehicle lots to long term recreational vehicle lots may require the payment of impact fees.

(Ord. No. 03-10, § 2, 7-10-03)

The building official shall not issue a building permit for an approved recreational vehicle park until the applicant presents construction plans bearing the state department of health approval serial numbers as required.

(Ord. No. 03-10, § 2, 7-10-03)

The building official shall not issue a certificate of occupancy for an approved recreational vehicle park until the applicant presents a valid operator's permit from the state department of health.

(Ord. No. 03-10, § 2, 7-10-03)

On a corner lot in any residential district, nothing shall be erected, placed, planted or allowed to grow in such a manner as materially to impede vision between a height of 2½ feet and ten feet above the centerline grades of the intersecting streets in the area bounded by the street lines of such corner lots and a line adjoining points along street lines 50 feet from the point of the intersection.

(Code 1988, § 24-101)

(a)

Permitted in required yards. Notwithstanding other sections of this chapter, fences and walls may be permitted in any required yard or along the edge of any yard subject to the following:

(1)

Front yards. Three feet in height, and set back from the property line one-half foot. Chain link fences are not permitted in the front yard. Exceptions to no chain link fence in the front yard are:

a.

For corner lots, the yard that is located on the side of the house oriented toward the street will be allowed for chain link fence not to exceed four feet in height along with the installation of a landscape hedge in front of the fence;

b.

For parcels larger than two acres for agricultural use, a chain link fence not to exceed four feet in height in the front yard and six feet in height in the side and rear yard is permitted.

(2)

Side yards.

a.

Three feet in height to the building line and six feet in height for the remaining side yard. Chain link fence is not permitted in the front yard area.

Option 1: With the submission of a scaled drawing indicating the location and dimensions of the fence or wall overlaid on a sealed survey, the fence or wall can be located on the property line.

Option 2: Without the submission of a scaled drawing indicating the location and dimension of the fence or wall overlaid on a sealed survey, the fence or wall must be located at least six inches from the property line.

Option 3: Without the submission of a scaled drawing indicating the location and dimension of the fence or wall overlaid on a sealed survey, the fence or wall may be located on the property line if written consent from the adjoining property owners is submitted with the permit application.

(3)

Rear yards. Fences and walls in rear yards may be a maximum of six feet in height.

Option 1: With the submission of a scaled drawing indicating the location and dimensions of the fence or wall overlaid on a sealed survey, the fence or wall can be located on the property line.

Option 2: Without the submission of a scaled drawing indicating the location and dimension of the fence or wall overlaid on a sealed survey, the fence or wall must be located at least six inches from the property line.

Option 3: Without the submission of a scaled drawing indicating the location and dimension of the fence or wall overlaid on a sealed survey, the fence or wall may be located on the property line if written consent from the adjoining property owners is submitted with the permit application.

If the city determines there is a potential conflict with a proposed residential fence or wall that is adjacent to commercial or industrial property, the city will evaluate the appropriate alternative to provide necessary screening from the commercial or industrial property.

(4)

Fences adjacent to alleyways. Fences may be located no closer than four feet from the edge of pavement of an alley, or the unpaved right-of-way of the alley (rear yard or side yard) providing the fence is a maximum of four feet in height and the fence is semi-opaque. Fences that are greater than four feet in height (but no greater than six feet in height) and are fully opaque may be constructed adjacent to an alley (rear or side yard) providing the fence is no closer than eight feet from the edge of pavement of the alley. Driveways to alleyways may be gated providing the gate does not swing open toward the alley.

(5)

General. All fences must be installed with the smooth side or most finished side facing out towards the adjacent property. All fences and walls must be outside the triangle of visibility.

(b)

Enclosure of swimming pools and spas.

(1)

Fencing or enclosing of swimming pools shall additionally comply with the adopted version of the Florida Building Code, Section 424, Swimming Pools and Bathing Places.

(2)

All gates or doors opening through such enclosure shall be equipped with a self closing and self latching device for keeping the gate or door securely closed at all times when not in actual use, except that the door of any dwelling which forms a part of the enclosure need not be so equipped. Screen enclosures shall be located at least five feet from the side or rear property line or outside of any utility or drainage easement whichever is greater.

(3)

No permanent structures (such as concrete pool decks) are permitted in utility easements. Fences are allowed uses in utility easements provided this construction does not interfere with the utility improvements in the easement.

(c)

Electric fences. It shall be unlawful for any person to erect, install or maintain any electrically charged fence within the city, except that the building official may issue a permit for an electrically charged fence to retain animals upon proof that the fence will not be hazardous to life.

(d)

Barbed wire fencing. For the purpose of these regulations, barbed wire includes concertina wire, razor wire, or any similar device.

Notwithstanding the above regulations, it shall be unlawful for any person to erect, construct or maintain any barbed wire fencing within the city except:

(1)

Not more than three courses of barbed wire not to exceed one additional foot in height to the fence may be installed above the top line of a six-foot chain link fence. Barbed wire may only be used in the following zoning districts:

a.

I-2;

b.

I-1; and

c.

C-2 with a special exception.

Regardless of the zoning district, no barbed wire may be used in locations without a special exception permit that are:

d.

Visible to a residential zoned property; or

e.

Within 20 feet of a public road.

Existing nonconforming situations—All existing nonconforming barbed wire as of the date of this subsection [July 14, 2011] shall be considered vested and may be allowed to remain.

(2)

Barbed wire fences which comply with state statutes may be erected, constructed and maintained on premises zoned for agricultural uses.

(e)

Fences creating safety hazards. It shall be unlawful for any person to erect, install, or maintain a fence which obscures clear view of traffic at intersections or driveways or which creates a safety hazard to pedestrians or vehicular traffic.

(f)

Permits. It shall be unlawful for any person to install, erect, construct, relocate or alter a fence within the city without first obtaining a permit from the building division. No permit shall be issued if the building inspector determines that the proposed fence does not meet any of the requirements of this section. A sketch or design of the proposed fence, including a description of materials to be used and specification of height, shall be submitted with the application for a permit.

(g)

Application of section to existing fences. This section does not apply to fences in existence before the effective date of the ordinance from which this section derives, except that on sale or transfer of the property upon which a nonconforming fence is located, such fence shall be made to conform to the requirements of this section or shall be removed within 30 days of closing or transfer.

(h)

Chain linked fence. Notwithstanding the above regulations, all new chain linked fences that are visible from either a public road or from a residential or commercial property must be coated in green, black, or brown vinyl. The exceptions to this requirement are:

(1)

Existing chain link fences;

(2)

Chain linked fences on single family or duplex residential property; or

(3)

New chain linked fences that receive specific permission by the planning and zoning board to be uncovered.

(i)

Subdivision walls and/or buffers. All new perimeter lots in new subdivisions that back up to a public right-of-way must have some type of screen wall, fence, vegetative screen, or buffer at the time of final plat approval. The construction of said improvements must be approved by the planning and zoning board at the time of preliminary plat approval. Height of the screen wall shall be six feet from the finished grade of the location of the wall. These improvements shall provide both a desirable buffer for the residents of the subdivision from the street as well as provide an aesthetic buffer for the motorist. This can be accomplished with the installation of berms, walls and/or vegetation. In general, compliance with this section will require a brick facade wall (or berm or considerable amount of open space such as a golf course), hedges, canopy trees (at 50-foot spacing) and understory trees (at two trees per 50 feet). Inset sections of perimeter walls for landscaping are allowed. The following are not considered adequate buffers for compliance with this section:

• Chain linked fences.

• Wood fences.

• Painted or untreated block walls.

• Insufficient planting area for maturing landscaping.

Maintenance of these improvements will be the responsibility of the homeowners' association and must be clearly defined on the final plat.

(j)

Retention ponds. All retention ponds that are required to have chain link fencing by St. John's River Water Management District must be coated in green, brown, or black vinyl. The exception to this requirement are retention ponds that:

(1)

Are not visible from any public right-of-way or from a commercial or residential property; or

(2)

If the owner of the retention pond fencing receives specific permission by the planning and zoning board.

(k)

Maintenance. All fences, walls or other similar structures erected in any residential district shall be maintained by the property owner. Property owners shall be responsible for maintaining the appearance of the fence, wall, hedge or other similar structure in a manner that there are no missing boards or slats, cracks, open gaps, leaning sections, crooked posts, missing blocks or bricks, cracked or crumbling blocks or bricks and to maintain the structural integrity of the fence, wall or similar structure.

(Code 1988, § 24-102; Ord. No. 99-48, § I, 7-22-99; Ord. No. 04-12, § 1, 4-8-04; Ord. No. 11-13, § 2, 7-14-11)

A visual and aural buffer with a minimum width of five feet measured at right angles to the property line shall be required along the entire length of side and rear lot lines, except where such lot lines abut a street or waterfront, by any commercial or hotel or motel use abutting a residential district, by any service station abutting any adjacent use, by any industrial use abutting any adjacent use, and by any mobile home park abutting any adjacent use. This buffer shall be required over and above the rear and side yards for each zone.

(Code 1988, § 24-103)

Buffering materials shall consist of decorative fencing or walls not to exceed the height of six feet or decorative trees and shrubs. Buffers shall be attractively landscaped and neatly maintained and shall otherwise be unoccupied except for permitted utilities. Buffering is to provide adequate reciprocal visual and aural screening and protect property values on adjacent land uses and shall not be less than 80 percent opaque.

(Code 1988, § 24-104)

(a)

Definitions. For the purpose of this section, the following will be uses as definitions:

Accessory buildings. An accessory building for both residential and nonresidential development is defined as a building that:

(1)

Is detached from the principal building;

(2)

Is clearly a supplementary use to the principal building;

(3)

The total square footage of all accessory buildings are less than 50 percent of the size of the principal building; and

(4)

Is not intended for human habitation.

Examples include storage buildings, residential green houses, detached garages, etc. Attached accessory buildings must comply with all setbacks and zoning regulations of the principal structure.

Accessory structures. An accessory structure is a structure that does not provide shelter from the elements. Examples include swimming pools and pool screening and decking, Bar-B-Q pits, decks, etc. Not included in the definition of accessory structures and not regulated by this division of code are driveways, fences, walls, bird baths, decorative ponds, and at grade patios.

Greenhouses. A greenhouse is a building constructed for the primary purpose of cultivation, growing, and protection of plants.

(b)

General requirements. In general, accessory buildings and structures must be located in the rear or side yards and must be five feet from the property lines. Accessory buildings and structures cannot be located within any easements. Accessory buildings and structures located in the street side of a corner lot must comply with the side yard setbacks of the principal building. Accessory buildings must be constructed simultaneously with, or following, the construction of the principal building, and shall not be used until after the principal building has been erected.

Accessory buildings shall be designed to blend aesthetically with the principal building. Detached accessory building walls shall not exceed nine feet in height, and roof peaks shall not exceed 12 feet in height. No accessory building may be located in the front yard or within any recorded easement. No more than two such accessory buildings may be located on any lot.

(c)

Setback and separation requirements for detached accessory buildings.

(1)

Accessory buildings—160 square feet or less. Accessory buildings that are detached from the principal building and are 160 square feet or less shall be:

a.

Located no less than five feet from a side or rear property line, and have the same sideyard setback as the principal building when located on the street side of a corner lot;

b.

Be closer than four feet to any other accessory building on the same lot; and

c.

Shall not be allowed to project beyond the established front building line of the principal building.

(2)

Accessory buildings—Greater than 160 square feet. An accessory building greater than 160 square feet shall comply with the above requirements with the following exceptions:

a.

An accessory building greater than 160 square feet must comply with all the setback requirements of the principal structure.

b.

An accessory building greater than 160 square feet must be separated from the principal structure by a minimum of ten feet.

c.

An accessory building greater than 160 square feet shall not occupy more than 25 percent of the rear yard.

(3)

Open carports. Detached or attached open carports consisting of a roof and members for support, shall be located in either the front or side yard and must comply with all the setbacks of the principal building of the zoning district of the property.

(4)

Location criteria. No accessory building may be located in the front yard.

(d)

Accessory structures. All accessory structures (i.e. structures that do not offer shelter from the weather such as Bar-B-Q pits, decks, swimming pools, residential dog houses, etc.) are required to comply with the location criteria and setbacks regulations as identified for accessory buildings. With the exception of the sideyard of the street side of a corner lot, attached and detached pools, pool screens, and pool decking may be located up to five feet of the side and rear property lines.

(e)

Prohibited accessory buildings and structures. The following accessory buildings and structures are prohibited in all zones:

1.

Tents (when used over a two-week period) unless approved by the city commission.

2.

Trailers and mobile homes (when used as an accessory building).

3.

Shipping containers (except on a temporary basis on an active construction site).

(f)

Lot coverage. The area of accessory buildings is included in the total lot coverage calculations. This total area must not exceed the maximum lot coverage as identified in the specific zoning district.

(g)

Greenhouses shall be considered only by special exception. All greenhouses shall be designed to blend aesthetically with the principal building and shall be constructed of permanent building materials such as metal, glass or wood although composite materials may be considered. Greenhouses shall not be constructed of temporary materials such as plastic, visqueen or cloth. Also, fiberglass shall not be used in the construction of greenhouses.

(h)

Storage buildings—160 square feet or less. Construction or installation of storage buildings that are 160 square feet or less in area shall not require submission of building plans, but shall be subject to all other relevant requirements under this section, the city code, and the Florida Building Code, as may be applicable.

(Ord. No. 98-56, § 1, 9-24-98; Ord. No. 15-41, § 2, 5-28-15; Ord. No. 18-34, § 2, 8-23-18)

Prior to any land clearing or burning of more than one acre of agricultural or vacant land, the owner of said property must provide the city with an environmental audit that identifies whether the property contains any threatened or endangered species of wildlife as identified by the Federal Endangered Species Act of 1973 as amended (50CFR17) or the State of Florida's list of animals designated as endangered, threatened, or species of special concern in accordance with Rules 68A-27.003, 68A-27.004, and 68A-27.005, F.A.C. This environmental audit must be prepared by a professional biologist experienced in survey of listed wildlife species. If any of the species listed exist, the developer must develop a relocation, mitigation, or habitat protection plan prior to any disturbance of the land. This relocation, mitigation, or habitat protection plan must comply with all state and federal regulations concerning the above listed species. Cluster development through a PUD process will be considered as a mitigation strategy.

(Ord. No. 05-47, § 2, 10-13-05)

Prior to the development or redevelopment of any property greater than ten acres in size, or prior to the redevelopment of any property ever used for industrial of heavy commercial land use, the owner must submit to the City of Winter Garden a phase one site assessment.

(Ord. No. 05-47, § 2, 10-13-05)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Dock means (i) any permanently fixed or floating structure extending from the upland into the water, capable of being used to moor vessels and/or conduct other water-dependent recreational activities; (ii) any floating structure, boat lift, or mooring piling, detached from the land, that is capable of being used to moor vessels and/or conduct other water-dependent recreational activities; or (iii) any area adjacent to the dock designated or designed for mooring purposes. This term shall not include any vessel that is not permanently docked, moored, or anchored.

Normal high water elevation ("NHWE") shall mean and refer to the higher of (a) the landward edge of any natural surface water body during normal hydrological conditions, as determined by the City Engineer of Orange County, or (b) the minimum infrequent high (IH) water elevation established by the Saint John's River Water Management District ("SJRWMD").

Person means any individual, firm, partnership, corporation, or other entity, including governmental entities.

Private dock means a dock (excluding public docks) intended to be used by only those persons residing on or owning the upland parcel served by such structure and the usual and customary guests of such persons.

Projected property line means a straight, linear continuation of, and extension to, the upland property line into a body of water. In cases in which bottomland is owned privately (i.e., non-sovereignty submerged lands underlying a water body), the projected property line is also the actual property line.

Public dock means a dock that is open to the public access, including docks that are owned or otherwise controlled by commercial establishments, governmental and non-governmental institutions, and private organizations. The fact that an entity may require a fee or membership to access the dock shall not alter the public character of the dock.

Riparian rights means and refers to those legally cognizable rights incident to lands bordering upon navigable waters, rivers, and streams.

Littoral rights means and refers to those legally cognizable rights incident to ownership of property abutting the shoreline of a lake, canal, pond or other waters.

Seawall means and refers to a protective wall or structure constructed along the shoreline used to prevent or otherwise protect property from shoreline erosion, swells, or flooding.

Shoreline means the upland and submerged areas immediately abutting the normal high water elevation ("NHWE") as defined in this section.

Shoreline alteration means and refers to the construction, installation, or emplacement of structures and other improvements along or near the shoreline and used in connection with aquatic activities, including structures such as docks and seawalls, but excluding boat ramps as defined and regulated in division 11 of chapter 118 of this Code.

Waters means and includes, but is not limited to, rivers, lakes, streams, waterways, bays, springs, impoundments, inlets, canals, and all other waters or bodies of water, whether natural or artificial.

(Ord. No. 11-20, § I, 9-21-11)

(a)

Any person desiring to construct shoreline improvements within the city shall first apply for a permit prior to the installation of such improvements. Application shall be made to the city building department. A review fee of $100.00 shall be paid at the time the application is submitted for review. An additional engineer review fee (on a dollar for dollar basis) shall be charged to the applicant. The payment of such application fee shall in no way guarantee issuance of a shoreline improvement permit, and such fee is nonrefundable. No permit application will be accepted unless there is a principal use established on the property.

(b)

Standards for seawalls and docks. All seawalls and docks must conform to the following standards:

(1)

Seawalls:

i.

Seawalls must be constructed landward of the normal high water elevation.

ii.

Seawalls cannot fill within the 100-year flood plain without providing compensating storage.

iii.

Seawalls cannot be constructed within any conservation, drainage or utility easement.

iv.

Seawalls cannot cause the filling or alteration of environmental swales and/or drainage areas as required and permitted by SJRWMD without the express written approval (i.e., permit modification) of SJRWMD.

v.

Seawalls must have a minimum of 40 percent penetration below existing grade and have no more than a 3 to 1 slope facing waterward that is at least equal to the height of the wall above grade, as certified by plans signed and sealed by a qualified engineer.

(2)

Docks:

i.

Dock posts must, at a minimum, measure 4 inches × 4 inches in girth and be pressure treated for marine construction. Furthermore, such posts must be set a minimum of four feet into the existing lake, pond, river, or stream bottom.

ii.

All dock posts must be made from acceptable materials capable of withstanding reasonably anticipated environmental stresses and loads, such as poured in place concrete, solid poured concrete blocks 12″ × 16″ with an aesthetically pleasing poured top beam, or vertical slabs with an aesthetically pleasing top beam.

iii.

All dock applications must include a statement from a professional engineer or architect stating the proposed foundation depth will accommodate the stresses and loads that the dock is anticipated to bear.

iv.

Docks and or seawalls shall not be constructed in retention ponds or canals.

(c)

Applications. Application forms shall be available from the city's building department. All applications shall indicate whether the proposed shoreline improvements will be for public or private use. Shoreline improvements intended for private residential use that meet all applicable criteria shall be deemed permitted accessory uses in all waterfront areas that are zoned for residential use. If the proposed shoreline improvements are intended for public use, the applicant, depending upon the zoning classification of his/her property, may have to request a special exception permit from the planning and zoning board and city commission. All applications must also include a scale drawing(s), signed and sealed by a licensed professional engineer or architect, accompanied by five copies thereof, that provides accurate information as to each of the following elements:

(1)

An arrow shall be drawn to indicate the northerly direction of the property. Furthermore, the drawing shall indicate the scale to which the drawing was prepared and the name of the lake or water body on which the shoreline improvements will be located. All drawings must be drawn utilizing an industry standard engineering scale.

(2)

The sealed drawing(s) must show the dimensions of the property, and the length and location of the proposed dock, seawall, or any other shoreline improvements; and identify the licensed contractor who will be installing or otherwise constructing such improvements.

(3)

The exact distance between the existing shoreline and the point where the shoreline improvement is being proposed depicted in relation to a permanent landmark or structure (e.g., a house or large tree).

(4)

The exact distance of setbacks from adjacent property lines, the extension of those property lines into the water body, and an approximation of the distance of the proposed shoreline improvements to the closest existing docks, seawalls, or any other existing shoreline improvements or alterations located on either side of the property.

(5)

The floor elevation of the proposed dock, and the floor and roof elevation of any boat house or other structure connected to the dock.

(6)

The depth of the water at the end of the proposed dock.

(7)

The drawings must include a survey prepared by a Florida Registered Surveyor that indicates the precise location of the normal high water elevation and all existing conservation easements, conservation tracts, and conservation areas.

(8)

The drawings shall further be accompanied by all necessary clearance letter(s) and/or permit(s) from the St. Johns River Water Management District ("SJRWMD").

(d)

Application review. Shoreline improvement applications shall be reviewed and processed by the building department and the engineering department pursuant to the following rules and regulations with additional review to be conducted by the planning and zoning department. Upon compliance with the following procedures and approval of the building, engineering, and zoning departments, the city may issue a permit for the proposed improvement along with any conditions required to meet the requirements of this division:

(1)

Notice to neighboring property owners. Upon receipt of an application, the city shall send notices by first class mail to the owners of properties located within 300 feet of the parcel to be served by the shoreline improvement. All such notices shall require that written comments concerning the proposed improvements be sent to the city within 15 days following the date the notices were sent.

(2)

Building permit application. All requests for building permits for a dock, seawall, or other shoreline improvements must meet the following requirements in order to be approved:

i.

Docks and seawalls shall have a minimum side setback of 15 feet from the projected property line abutting the shoreline, unless such requirement is reduced by variance, which shall be subject to review by the engineering department and the approval of the planning and zoning board and city commission.

ii.

The length and configuration of docks or seawalls and other shoreline improvements shall be designed to assure that the applicant's reasonable use of such improvements will not unreasonably interfere with the riparian or littoral rights of other persons and property owners to use and access the lake. The length of a boat dock, seawall, or other shoreline improvement must be measured from the normal high water elevation on the shoreline as established in relation to a fixed landmark, object or permanent structure on the lot. Consideration will be given to the length and configuration of other existing docks, seawalls, and improvements abutting the lake or waterway and any other applicable policies or restrictions established by the city or state. No work shall be performed in easement areas established to provide for ingress, egress, drainage, or utilities. Under no circumstances shall a permit for the construction of a dock or seawall be utilized to construct any structures or facilities intended for residential habitation. No dock, seawall, or other shoreline improvement may exceed a length of 100 feet when measured waterward from the normal high water elevation.

iii.

The minimum height of docks, seawalls, and other shoreline improvements must exceed the normal high water elevation. No dock, seawall, or other shoreline improvement shall stand more than 13 feet above the normal high water elevation, provided that the dock does not unreasonably obscure the view of the adjoining water body when viewed from other waterfront properties. Docks may be equipped with roofs but cannot be enclosed about the sides, regardless of whether such enclosure is constructed from walls, fencing, screening, latticework, or fabric; however, transparent mesh screens shall be allowed to protect against insect intrusion.

iv.

Docks, seawalls, and other shoreline improvements, shall not impair or impact wetlands or riparian zones unless all necessary permits are obtained from the city, the Saint John's River Water Management District, the Florida Department of Environmental Protection, and any other state or federal agencies having regulatory jurisdiction over the affected property.

v.

No dock, walk, deck, or other similar shoreline improvement shall have a surface area exceeding 1,000 square feet. Docks, decks and walkways are not permitted to have more than one story, including without limitation, a walkway or useable platform above or upon the roof of any boat house.

vi.

The application must address standards for docks on canals, rivers, streams, or waterbodies measuring less than 200 feet wide to avoid restricting the navigability of such waters.

vii.

All shoreline improvement applications shall be accompanied by professionally prepared drawings of the proposed improvements that are signed and sealed by a professional engineer or architect.

viii.

Shoreline improvements cannot be located in easement areas provided for ingress, egress, drainage or utilities.

ix.

Walkways, docks, patio and decks located landward of the NHWE shall not exceed 25 percent of the rear setback area.

x.

No permit for a shoreline improvement shall be issued if the application demonstrates a reasonable potential that any of the following conditions will occur as a result of the construction or installation of such improvement:

a.

Obstruction or impairment to navigability;

b.

Unreasonable impairment of the view of the water body from other waterfront properties;

c.

Hazardous or unsafe conditions; or

d.

Unreasonable interference with the riparian or littoral rights of other nearby property owners. In the context of this criterion, "unreasonable interference" shall include but not be limited to situations in which a proposed structure impedes access to or ingress and egress of boaters and swimmers from other nearby docks and shorelines; infringes upon or otherwise intersects commonly traveled boat routes or established watercraft channels; or creates an unusual configuration of the shoreline that restricts boating access within navigable sections of the waterway.

(e)

Building permit required. Following the approval of an application for a proposed dock, seawall, or other shoreline improvement, the applicant must obtain a building permit from the city building department prior to commencing construction. Construction must be commenced and/or completed within the guidelines established by the building department.

(f)

Variances. An application for a variance from the requirements of division 10, 11, or 12 of this article shall be made to the planning and zoning board simultaneous with the submission of a shoreline improvement application and any applicable permit and review fees and will follow the adopted variance procedures. When a variance is requested, the applicant shall also submit to the city five sets of plans identifying the variance sought and setting forth those facts justifying the requested variance.

In addition to the criteria for variances established under section 180-131 of this Code, the planning and zoning board and city commission shall further consider the following as they specifically apply to variances issued for shoreline improvements, boat ramps, and shoreline alterations:

(1)

The average length and configuration of other docks or seawalls in the area;

(2)

The owner's right to enjoy reasonable use of his/her/its property;

(3)

The effects the improvements will have on navigability, safety, and the rights of adjoining property owners to enjoy the reasonable use of their properties;

(4)

The impact, if any, on the neighborhood and nearby properties;

(5)

Whether special conditions exist such that strict compliance with the provisions of this article would impose a unique and unnecessary hardship on the applicant;

(6)

The effect of the proposed variance on abutting shoreline property owners;

(7)

Whether the granting of the variance would be contrary to the intent and purpose of this article; and

(8)

Whether a variance is necessary to reach a water depth suitable for boating (i.e., usually five feet or more).

(g)

Appeals.

(1)

Permits. The applicant or any person entitled to notice may appeal the approval or denial of an application for a shoreline improvement, boat ramp, or shoreline alteration permit to the city commission by filing a petition within ten days of such approval or denial. Such petition shall be submitted to the city manager or his/her designee in writing and set forth the reasons and evidentiary basis for overturning the approval or denial of the requested permit. A timely filed appeal shall be heard by the city commission within 30 days of the date such appeal is filed with the city, although the city manager may authorize an extension of such 30-day period to 45 days.

(2)

Variances and special exceptions. Decisions of the planning and zoning board concerning variances and special exceptions related to the subject matter contained in divisions 10, 11, or 12 of this article may be appealed to the city commission in accordance with section 98-31 of this Code.

(3)

Appeals from decisions of the city commission. Appeals from the decisions of the city commission shall be made in accordance with section 98-32 of this Code.

(h)

Scope, effect of permit. Permits issued for shoreline improvements, boat ramps, and shoreline alterations shall not substitute for any permitting requirements of any state or federal agencies but shall instead be cumulative to any necessary environmental permits. The city shall not permit any shoreline improvements, boat ramps, or shoreline alterations in any areas where state or federal regulations prohibit the construction, installation, or implementation of such. Valid permits from Florida Fish and Wildlife Commission (FWC) and/or Florida Department of Environmental Protection (FDEP) shall be in addition to city permitting requirements.

(Ord. No. 11-20, § I, 9-21-11; Ord. No. 17-21, § 11, 8-24-17; Ord. No. 18-25, § 4, 11-8-18)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Boat ramp facility means the boat ramp and any other improvements which may be required or authorized by state or local regulations or this article to be built in conjunction with a particular type of boat ramp.

Boat ramp means any structure or clearing that extends waterward of the normal high water elevation or any structure or clearing upon which trailerable watercraft can be launched into or retrieved from a body of water. Regardless, this definition shall not apply to a homeowner who clears land which is the site of his personal residence in compliance with applicable regulations without building any structure or dredging or filling for the sole purpose of launching and retrieving his or her personal watercraft.

Boat ramp facility permit means a permit issued by the City of Winter Garden pursuant to the regulations contained herein, which permit, in conjunction with the required building permit(s), authorizes construction of a boat ramp facility. The permit shall automatically expire and reapplication shall be required in the event that construction of the boat ramp facility is not completed within one year of issuance of such a permit.

Boat ramp facility site means a duly platted lot or parcel of record which is the location of any boat ramp facility.

Commercial boat ramp facility means a boat ramp and any improvements required or authorized by state or local regulations to be built in conjunction therewith, the use of which is fee-based, open to equal public access, and intended to profit its owner, not including; (1) fees paid by any homeowner or condominium association for maintenance of common elements; or (2) fees imposed by any governmental or quasi-governmental entity. A commercial boat ramp facility shall also include any boat ramp used in connection with any commercial establishment where the boat ramp is used as an enhancement to the principal function of the basic facility, whether or not use of the boat ramp facility itself is fee-based or profit motivated, or both.

Companion boat mooring docks means a single mooring boat dock required or authorized to be built in conjunction with any boat ramp. A companion boat mooring dock may be permitted as part of the boat ramp facility permit and shall not require a boat dock permit. However, the companion boat mooring dock shall require a separate building permit.

Private boat ramp facility means a boat ramp and, if applicable, any improvements required or authorized by state or local regulations to be constructed in conjunction therewith, other than a commercial boat ramp, which boat ramp and improvements are not the subject of unrestricted public access to waters, and which are intended to be used, and are in fact used, only by those persons living in the single-family residence located at the boat ramp facility site and their usual and customary guests who are either in the company of the resident or using the resident's watercraft. It is intended that this type of facility be limited in scope of use. It is further intended that any application for a private boat ramp facility or semi-private boat ramp facility which is approved as such, but is in fact routinely used by individuals other than usual and customary guests of a private resident who are either in the resident's company or using the resident's watercraft, shall be considered an illegal use and be subject to revocation upon majority vote by the city commission.

Projected property line means a continuation of, and extension to, the upland property line into a body of water. In cases of privately owned bottomland, that is, non-sovereignty submerged lands underlying a water body, the projected property line is the actual property line.

Public boat ramp facility means a boat ramp and any improvements required by state or local regulations to be constructed in conjunction therewith, which provide the general public with unrestricted public access to waters.

Semi-private boat ramp facility means a boat ramp facility (other than a commercial, public or private boat ramp) along with a companion boat dock and any other improvements required by state or local regulations to be constructed in conjunction therewith, which are intended for the use of, and are in fact used by, a group of residents living in a subdivision or multifamily development, as the case may be, wherein a boat ramp facility is located or their usual and customary guests, but only if in the company of such residents.

Unrestricted public access means:

(1)

Open to any member of the general public at reasonable hours, free of charge; or

(2)

Operated by any governmental entity including, but not limited to, City of Winter Garden.

(Ord. No. 11-20, § II, 9-21-11)

(a)

Application and supporting data. Any person applying for a boat ramp permit shall be required to submit five copies of the application to the community development department—building division. No application shall be accepted unless accompanied by an application fee, as established by the city, which fee shall be nonrefundable, the payment of which does not guarantee issuance of a permit. Application forms shall be provided by the building division and shall require the following information, at a minimum:

(1)

Proof of applicable Florida Department of Environmental Protection permits for the proposed boat ramp and, if requested, the companion boat dock;

(2)

Proof of applicable U.S. Army Corps of Engineers permit for the proposed boat ramp and, if requested, companion boat dock;

(3)

If applicable, a copy of the submerged lands lease from the Florida Department of Natural Resources pertaining to the requested boat ramp and, if requested, the companion boat dock;

(4)

Satisfactory evidence of title to or extent of interest of the applicant in:

i.

The riparian upland ownership; and

ii.

The ownership of the submerged boat ramp facility site.

Regardless of the foregoing, a claim of ownership of the submerged part of the boat ramp facility site by the Florida Department of Natural Resources shall not preclude issuance of a boat ramp facility permit, provided that the applicant has complied with any applicable department of natural resources or other state or federal requirements necessary to allow use of such submerged lands;

(5)

A survey of the boat ramp facility site, including a depiction of all easements, rights-of-way, improvements and other encroachments. The survey shall depict the property at the time of permit application and shall be prepared, signed and sealed by a surveyor registered in the State of Florida;

(6)

A site plan depicting the boat ramp facility and any other existing or proposed improvements (including parking spaces) at the boat ramp facility site. Such site plan shall also depict the normal high water elevation. A site plan for a semi-private boat ramp facility or commercial boat ramp facility must be prepared by a professional engineer licensed in the State of Florida;

(7)

Calculations regarding the amount of fill and excavation that will be required for construction of the boat ramp facility;

(8)

A list of materials that will be used to construct the boat ramp facility;

(9)

Cross section survey depicting slopes, elevations and depth profiles of the boat ramp facility;

(10)

Verification that the proposed boat ramp facility is a permitted use under applicable zoning regulations or has otherwise been approved by the planning and zoning board as a special exception;

(11)

Any applicable permitting fees which may be set from time to time by city commission by separate resolution;

(12)

A current tax map illustrating all upland property located within a 300-foot radius of the boundaries of the boat ramp facility site, including the names and mailing addresses of the owners of all such properties. If the application is for a public or commercial boat ramp facility, or for a semi-private boat ramp facility where launching of motorized boats would be allowed, the names and mailing addresses of the following upland owners is required:

i.

If the proposed boat ramp facility is on a lake, all upland owners on the lake whereon the proposed boat ramp facility is to be located; or

ii.

If the proposed boat ramp facility site is on a canal or similar impoundment, all upland owners on the nearest lake which is navigably accessible from the canal or impoundment as well as those upland owners on the subject canal or impoundment.

(b)

General site performance criteria and requirements.

(1)

No boat ramp facility of any kind shall be permitted without adequate stormwater management facilities which, in the opinion of the city engineer, are designed to effectively intercept all stormwater from the boat ramp above the normal high water elevation; however, all commercial boat ramp facilities and semi-private boat ramp facilities shall be required to have stormwater management facility designs consistent with the criteria contained in this chapter. The foregoing criteria are not intended to exempt the upland portion of the boat ramp site from any other applicable regulations regarding stormwater retention and mitigation.

(2)

No private or semi-private boat ramp shall be more than 15 feet in width.

(3)

In order to prevent boat prop scouring and littoral zone damage, no boat ramp facility, except for a private boat ramp facility, shall be permitted unless built in conjunction with a companion boat mooring dock.

(4)

A companion boat mooring dock shall have not more than one boat slip, unless constructed in conjunction with a commercial or public ramp facility.

(5)

To discourage boat maintenance and repairs at boat ramp facility sites, electrical outlets and lighting of any kind shall be prohibited within 100 feet of any boat ramp facility, except for a private boat ramp facility.

(6)

Public road access to any commercial or public boat ramp facility site is mandatory.

(7)

Adequate parking for cars and trailers at any semi-private boat ramp facility site must be provided. Parking on adjoining streets is prohibited.

(8)

The parking of any car or trailer at any semi-private boat ramp facility site by individuals other than those authorized to use the boat ramp facility site is expressly prohibited. At least one sign informing the public of the foregoing restriction and one "Tow-Away" warning sign, as required by the applicable state statute, shall be required at each semi-private boat ramp facility site. All parking areas shall be landscaped in accordance with this chapter. A landscape buffer of at least ten feet or, in the alternative, a five-foot high masonry wall shall be required between parking areas that are adjacent to residential areas. The number of parking spots permitted at a semi-private boat ramp facility shall be limited to a maximum of six vehicle and trailer spaces.

(9)

No semi-private companion boat mooring dock shall exceed the length of the boat ramp (measured from the normal high water mark to the waterward end of the ramp) or exceed a width of four feet.

(10)

Boathouses and other similar sheltered structures proposed to be built in conjunction with a companion boat mooring dock are prohibited.

(11)

No portion of any boat ramp or any type of boat ramp facility shall be closer than 25 feet from the projected property line of abutting shoreline owners.

(12)

No boat ramp or any type of boat ramp facility may be located on any lot or parcel that is smaller than 70 feet wide by 100 feet deep (or equivalent perimeter in the event of irregularly shaped lots). Except in the case of a private boat ramp facility, any such boat ramp or boat ramp facility shall be considered the principal use of any such lot or parcel.

(13)

A developer's agreement between the applicant and city shall be required as a condition of approval of any commercial or semi-private boat ramp facility, which agreement shall be recorded at the applicant's expense and shall: (a) allocate to the applicant and its successors and assigns the responsibility for maintenance and costs arising from use of the boat ramp facility including, but not limited to, costs for increased water safety enforcement and maintenance, which costs shall not exceed ten percent of the assessed value of the boat ramp facility site; (b) set forth any applicable restrictions on the use of such boat ramp facility; (c) authorize that the semi-private boat ramp facility site may be liened in the event that the boat ramp facility site is not properly maintained; and (d) require the applicant to post a one-year irrevocable letter of credit, in favor of the city, in the amount of ten percent of the assessed value of the boat ramp facility site in favor of the city to secure the foregoing costs.

For the purposes of this subsection, "maintenance" shall mean keeping the boat ramp facility and site in a condition which is:

i.

Compliant with applicable land development and safety regulations;

ii.

Consistent with the standard of upkeep of the majority of lots of the subdivision (or surrounding neighborhood if the boat ramp facility site is not located within a subdivision) wherein the boat ramp facility site is located; and

iii.

Safe and functional.

(14)

The city shall have the authority to clean, clear, fence and otherwise block access to any boat ramp facility site that is not properly maintained until such site has been restored and repaired to the satisfaction of the city and the city has been reimbursed for the costs of cleanup.

(15)

Overnight mooring, beaching or storage of boats shall be prohibited at any semi-private boat ramp facility site.

(16)

Restrooms at semi-private boat ramp facilities are encouraged.

(17)

There shall be no more than one boat ramp per subdivision or, if there is no subdivision, planned development.

(18)

All semi-private boat ramp facilities shall have at least one trash receptacle with a capacity of at least 33 gallons.

(19)

All parking, refuse and restrooms shall be designed in a manner consistent with the surrounding land uses.

(20)

Landscaping, screen walls and any other available measures to reduce and mitigate unreasonable noise impacts shall be a part of the design of all boat ramp facilities.

(21)

A "No Wake" sign shall be posted at all boat ramp facilities requiring no wake within a 100-foot radius of the boat ramp facilities, regardless of whether a skier, wakeboarder, or other person and/or object intended to be towed by a boat is being dropped off or picked up.

(c)

Minimum design criteria. Any public or commercial boat ramp facility shall, in addition to the foregoing, be subject to the following minimum design criteria:

(1)

Boat ramp size:

i.

Width: Single lane, 12 to 15 feet in width. For additional lanes, use multiples thereof; for example, a double lane boat ramp would be 30 feet in width.

ii.

Length: The surface of the ramp should be paved down to an elevation of five feet below the lowest recorded water elevation and two feet above the normal high water elevation.

(2)

Boat ramp slope: A minimum of ten degrees and maximum of 15 degrees.

(3)

Number of lanes: A minimum of one lane for every 50 boats per day for which the boat ramp facility is designed.

(4)

Miscellaneous boat ramp criteria:

i.

All boat ramps shall have a wheel stop to prevent the boat trailer from backing off of boat ramp.

ii.

All shoreline alterations shall be stabilized. For purposes of this article, a stabilized shoreline shall include, but not be limited to, the following: Rock revetment, aquatic vegetation planting or sod, each of which must be staked in place.

iii.

The wetted part of a boat ramp should be paved with 3,000 psi concrete.

(5)

Companion boat docks: One companion boat dock shall be required to be constructed in conjunction with each boat ramp lane which is part of a commercial or public boat ramp facility. Each such companion boat dock shall extend out into the water basin and have a minimum boarding length of 50 feet for each boat ramp lane and conform to the requirements imposed under division 10 of this chapter unless stated otherwise herein or modified by an appropriate variance.

(6)

Maneuverability:

i.

Boat ramps shall have an approach area for maneuvering and backing, extending at least 40 feet from the landward end of the boat ramp.

ii.

The approach area shall be designed to allow a vehicle to approach the boat ramp at a horizontal angle no greater than 30 degrees from center line of the boat ramp.

(7)

Parking:

i.

No more than: (a) 30 vehicle and trailer spaces; and (b) three vehicle only spaces shall be allowed on one acre of a boat ramp facility site. Regardless, two vehicle only spaces may be substituted for any one of the "vehicle and trailer" spaces permitted under this provision.

ii.

Parking spaces shall be depicted on the site plan submitted by the applicant and must demonstrate that there is reasonable space allowed for safe circulation of the maximum number of vehicles and connected trailers proposed to be parked at the boat ramp facility site.

(8)

Locational criteria: In order to minimize scouring of sediments and destruction of littoral zones, navigable water access must exist at all times from the submerged end of the boat ramp.

(d)

Review criteria. Boat ramp applications shall be processed by the building department and the engineering department with additional review to be conducted by the planning and zoning department. City staff shall review permit applications and, in addition to ensuring that all other applicable requirements are met, shall issue the permit with or without conditions or otherwise deny the permit, after considering the shoreline configuration, depth, surface area, and tophic condition of the water body whereon the boat ramp facility is proposed, in conjunction with the following criteria:

(1)

The potential number of additional users of the waters that would result from approval of the boat ramp facility;

(2)

The number of existing boat ramps and similar recreational uses on the waters and the extent to which such existing boat ramps and similar recreational uses to the waters are available to the public;

(3)

Noise impacts on residents living directly adjacent to the waters;

(4)

The impact that the proposed semi-private boat ramp facility will have on the adjacent area (it is the intent of this subsection that strong preference be given to proposed semi-private boat ramp facilities located on internal lots, as opposed to corner lots in a subdivision);

(5)

Whether the fish, wildlife, flora and fauna, including endangered or threatened species (as those threatened or endangered species may be defined from time to time by the applicable local, state or federal laws and regulations) or their habitats will be adversely affected;

(6)

Whether the boat ramp facility will adversely affect navigation, water quality, water flow, or cause harmful erosion, shoaling, or sediment resuspension;

(7)

Whether there exists a navigable passage from the boat ramp facility to the waters;

(8)

Whether the ecological balance of the waters will be adversely affected;

(9)

Whether the boat ramp facility will adversely affect significant historical and archaeological resources as defined by state law;

(10)

Whether the boat ramp facility will pose a hazard to normal vehicular traffic as a result of trailering vehicles leaving or entering roads;

(11)

Whether the boat ramp facility will pose a hazard to boating traffic on the waters, or otherwise adversely affect public safety, given the number of people using the waters, as well as the size, depth and shoreline configuration and natural contours (i.e., existence of a cove, blind spot, etc.) of the subject waters;

(12)

If there is existing unrestricted public access to the waters where the boat ramp facility is proposed, the applicant must further demonstrate the need for additional access to the waters considering in part:

i.

The number of existing boat ramps on the subject waters;

ii.

The number of existing boat ramps on any adjoining waters connected to the subject waters by any waters capable of passage by any watercraft; and

iii.

The distance from the proposed boat ramp facility to any existing boat ramp on the same waters.

(13)

Whether the proposed boat ramp facility would adversely affect areas of special concern including, but not limited to, outstanding Florida waters, wetlands areas which provide habitat for endangered species or threatened species (as those endangered or threatened species may be defined by applicable local, state or federal law or regulations) and conservation areas as defined by, and in accordance with, the city comprehensive plan.

(14)

Interrelationship and organization of multiple uses of the water body that is the site of the proposed boat ramp facility, including:

i.

Whether portions of the lake surface have been designated for different activities;

ii.

The type of boating permitted on the water body (e.g., whether only nonpower boating has been authorized);

iii.

Whether certain uses of the lake have been restricted to certain times of the day;

iv.

Whether no-wake areas have been established around shoreline fishing areas;

v.

The location of swimming areas or other existing or permitted boat ramps.

(e)

Notice. Notice to neighboring property owners. Upon receipt of an application the city shall send notices by first class mail to the owners of the property in the general neighborhood (typically but not limited to 300 feet). All such notices shall require that written comments on the proposed boat ramps be sent to the city within 15 days from the date the notices were sent.

(Ord. No. 11-20, § II, 9-21-11)

(a)

Shoreline vegetation is necessary for the health and viability of a lake system. Sediments and nutrients, contributed both by stormwater runoff and recirculation within the lakes' waters, are removed by shoreline vegetation and associated areas by means of filtration and recycling through the shoreline vegetation.

(b)

Both wave action and stormwater runoff will cause extensive erosion of nutrient-laden soils, particularly where those soils have been destabilized by removal of shoreline vegetation.

(c)

Shoreline vegetation both protects and improves water quality and should be protected from substantial clearing.

(d)

The city is authorized, pursuant to general law, to regulate and control conservation and beach erosion control programs. The city is authorized to regulate and control all lakes, canals, streams, waterways, inlets, bays, and their alteration by dredging, filling, pumping and otherwise altering the shoreline, land contours and/or water areas in the interest of public rights, public welfare, protection of public riparian property rights, and preservation of the natural beauty and attractiveness of the lakes, canals, streams, waterways, inlets and bays.

(e)

In order to protect the public health, safety and welfare, preserve the natural beauty and attractiveness of waters of the city, and maintain lake water quality and reduce nutrient loading in public lakes, this division is hereby enacted as a measure to protect the legitimate public interest by restricting the amount of clearing or removal of shoreline vegetation.

(Ord. No. 11-20, § III, 9-21-11)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Clearance means the alteration of or removal of shoreline vegetation by chemical treatment, mechanical or non-mechanical uprooting or removal or the removal or addition of soil above a shoreline.

Reestablish means the regrowth of shoreline vegetation, where the average height of growth measures more than 14 inches above the exposed shore or normal high water elevation, as appropriate.

Shoreline alteration shall mean and refer to the alteration of a shoreline, including the dredging, filling, and trenching of land located along the shore of a body of water.

Shoreline vegetation means aquatic or wetland vegetation naturally occurring in the waters and shoreline environments of Florida, including, but not limited to, those plants listed in F.A.C. § 62-301.400(2) and (3).

(Ord. No. 11-20, § III, 9-21-11)

(a)

Unless exempted from these regulations, all those persons desiring to perform or cause to be performed any clearance of a shoreline shall be required to obtain a permit conforming to the procedures and standards set forth in this division.

(b)

Each applicant must address and include the following information in an application submitted to the city (applications shall be made available through the community development department—building division) and abide by the following rules:

(1)

The percentage of shoreline vegetation proposed to be removed and/or soil to be removed or added;

(2)

Two copies of a plan clearly illustrating the locations of the work requested with respect to the applicant and other affected persons, water levels, lake bottom elevations, and elevations of requested work above and below water and the legal description of subject property. The plans shall include a copy of a current certified survey of the property;

(3)

The proposed means of minimizing, mitigating, and controlling erosion;

(4)

The proposed method for filtering runoff;

(5)

The proposed method for reducing the nutrient concentration in both surface runoff and lake waters;

(6)

The proposed means of stabilizing soils at and below the normal high water elevation;

(7)

The justification for any replacement vegetation to be used and whether and how such vegetation will protect and improve water quality;

(8)

The location of any existing conservation easements;

(9)

Certification of the applicant or his authorized agent in the form of his/her signature;

(10)

A list of names and addresses of adjacent property owners and any other property owners who are reasonably expected to be significantly affected by the proposed alterations;

(11)

An applicant cannot propose clearing and filling for the purpose of creating new sandy beach areas or expanding any sandy beach areas existing before the effective date of this division. Any application intended therefore or that will have such net effect will be denied; and

(12)

All mechanically cleared or trimmed vegetation shall be removed from the lake and the normal high water elevation within 24 hours of clearing or trimming. Failure to do so will constitute a violation of this division.

(c)

Exemptions. This division and the requirement to obtain a shoreline alteration permit hereunder shall not apply to the following:

(1)

Any person or property owner clearing less than 20 percent or 30 feet, whichever is greater, of lands at or below the normal high water elevation, where the following species of shoreline vegetation are not present in the area to be cleared and will not otherwise be affected or disturbed:

i.

Tree species listed in F.A.C. § 62-401.400(2) and (3);

ii.

Any aquatic species which is listed by the Florida Department of Agricultural and Consumer Services as threatened, endangered or commercially exploited pursuant to F.S. § 581.185, as may be amended or replaced.

(2)

Emergency repairs on public or private projects necessary for the preservation of life, health or property, where taken to implement and accomplish the beneficial purposes of these regulations as set forth herein under such circumstances where it would be impractical to obtain approval from the city prior to making such emergency repairs.

(3)

Maintenance of publicly or privately owned portions of a structural stormwater or drainage control system that does not constitute major construction or rebuilding.

(4)

Mowing of terrestrial sod grasses that may incidentally become established on lake bottom (below the normal high water elevation) from adjacent lawns. The shoreline and lake bottom areas that can be mowed must not be inundated, and the exposed soils must be dry enough to support the mower so that incidental shoreline alteration does not occur. Disking (turning the soil with blades to uproot vegetation) is excluded from this exemption.

(5)

A property owner whose shoreline has previously been cleared where the clearing is continuously maintained. If shoreline vegetation is reestablished, this exemption from permitting shall not apply.

(6)

Any activities otherwise exempt pursuant to Florida law.

(d)

Notice. Upon receipt of an application, the city shall send notices by first class mail to the owners of properties located within 300 feet of the parcel associated with the proposed shoreline alteration. All such notices shall require that written comments concerning the proposed alterations be sent to the city within 15 days following the date the notices were sent.

(e)

Appeals.

(1)

Permits. The applicant or any person entitled to notice under this division may appeal the approval or denial of an application for a permit to the city commission by filing a petition within ten days of such approval or denial. Such petition shall be submitted to the city manager or his/her designee in writing and set forth the reasons and evidentiary basis for overturning the approval or denial of the requested permit. A timely filed appeal shall be heard by the city commission within 30 days of the date such appeal is filed with the city.

(2)

Variances and special exceptions. Decisions of the planning and zoning board concerning variances and special exceptions related to the subject matter contained in this division may be appealed to the city commission in accordance with section 98-31 of this Code.

(3)

Appeals from decisions of the city commission. Appeals from the decisions of the city commission shall be made in accordance with section 98-32 of this Code.

(f)

Penalties; enforcement. If the city determines that clearing or alteration is occurring without prior approval or not in accordance with these regulations, it shall promptly issue a written notice of violation to the offending person. The notice of violation shall include a description of the site where the violation has occurred, cite the provisions that have been violated, and set forth the required remedial action to be taken as deemed reasonable and necessary by the city. Such remedial action may include restoration of damaged topography; revegetation of the site to comply with these regulations, general or special laws; replacement of affected wildlife; payment of all permit and inspection fees, and other actions consistent with the intent of these regulations, general or special laws or as they may be amended from time to time.

(Ord. No. 11-20, § III, 9-21-11)