Lake Helen Code of Ordinances
Index
Land Development Regulations
Appendix A, Definitions, Articles 1-15
Article1, General Provisions
Article 2, Land Use
Article 3, Resource Protection Standards
(Article 3A), Floodplain Management
Article 4, Development Design Standards
Article 5, Improvement Standards
Article 6, Concurrency Management
Article 7, Accessory Structures and Uses
Article 8, Sign Regulations
Article 9, Operational Performance Standards
Article 10, Boards and Commissions; Code Enforcement
Article 11, Development Plan Review and Procedures
Article 12, Permits
Article 13, Nonconforming Development, Variances, Special Exceptions, Changing Land
Use (Rezonings)
Article 14, Administration and Enforcement
Article 15, Building and Building Regulations
Tab
Appendix
A
Art. 1
Art. 2
Art. 3
Art. 4
Art. 5
Art. 6
Art.7
Art. 8
Art. 9
Art. 10
Art. 11
Art. 12
Art. 13
Art. 14
Art. 15
City Ordinances
Article 16, Administration
Article 17, Alcoholic Beverages
Article 18, Animal Control & Code Enforcement
Article 19, Civil Emergencies
Article 20, Fire Prevention and Protection
Article 21, Garage Sales and Yard Sales
Article 22, Health and Sanitation
Article 23, Junked, Abandoned Property
Article 24, Licenses
Article 25, Mobile Homes and Trailers
Article 26, Offenses
Article 27, Parks and recreation
Article 28, Police
Article 29, Traffic and Motor Vehicles
Article 30, Vegetation
Article 31, Franchises
Article 32, Adult Entertainment
Article 33, Vehicles for Hire
Article 34, Historic Preservation
Article 35, Investment Policy
Article 36, Telecommunication Antennas and Towers
Article 37, Alarm Systems
Article 38, Public Participation – Ord. 2011-02
Article 39, Gaming Devices –Ord. 2011-04
Article 40, Pain Management Clinics – Ord. 2011-07
Art. 16
Art. 17
Art. 18
Art. 19
Art. 20
Art. 21
Art. 22
Art. 23
Art. 24
Art. 25
Art. 26
Art. 27
Art. 28
Art. 29
Art. 30
Art. 31
Art. 32
Art. 33
Art. 34
Art. 35
Art. 36
Art. 37
Art. 38
Art. 39
Art. 41
CODE OF ORDINANCES
ARTICLES 1 THROUGH 15
LAND DEVELOPMENT REGULATIONS
ARTICLES 16 THROUGH END
CITY ORDINANCES
ADOPTED JULY 21, 1994
Second Printing August 1997
Updated December 2014
APPENDIX A
DEFINITIONS,
ARTICLES 1-15
Abatement. Any action taken to remedy, correct, or eliminate a condition within, associated with,
or impacting a drainage system.
Abut. To physically touch or border upon: or to share a common property line.
Accessory building. A subordinate use or building which is clearly incidental to and customarily
utilized in connection with a principal building located on the same lot.
Adult Congregate Living Facility (ACLF). A type of residential care facility, defined in Chapter
400, Part 2, Florida Statutes.
Adult Entertainment. See Article 32, page 32-5 for complete listing of definitions.
Adverse effects. Any modifications, alterations, or effects on waters, associated wetlands, or
shorelands, including their quality, quantity, hydrology, surface area, species composition, or
usefulness for human or natural uses which are or may potentially be harmful or injurious to
human health, welfare, safety or property, to biological productivity, diversity, or stability or
which unreasonably interfere with the reasonable use of property, including outdoor recreation.
The term includes secondary and cumulative as well as direct impacts.
Adversely affected person. Any person who is suffering or will suffer an adverse effect to an
interest protected or furthered by the local government comprehensive plan, including but not
limited to: interests related to health and safety; police and fire protection services; densities or
intensities of development; transportation facilities; recreational facilities; educational facilities;
health care facilities, equipment, or services; and environmental or natural resources. The alleged
adverse effect may be shared in common with other members of the community at large, but must
exceed in degree the general interest in community good shared by all persons.
Agricultural activity. Any farming and forestry operation affecting land or waters such as site
preparation, clearing, fencing, contouring, soil preparation, plowing, planting, harvesting,
construction of access roads, extraction of stumps and submerged logs, and placement of bridges
and culverts.
Agricultural use. The use of land in crop cultivation, horticulture, viticulture, silvaculture,
pisciculture, forestry, dairy, livestock, poultry, bee keeping, aquaculture and all forms of farm
products and farm production.
Alley. A roadway dedicated to public use which affords only a secondary means of access to
abutting property and not intended for the general traffic circulation.
Alter or Alteration. Work done on a Stormwater Management System other than that necessary
to maintain the system's original design and function.
Apartment house. (See multiple family dwellings).
Appeal. To call upon another for corroboration, vindication, or decision.
Applicant. Any person applying for or who has been granted a permit to proceed with a project.
Aquifer. An underground formation, group of formations, or part of a formation that is permeable
enough to transmit, store or yield usable quantities of water.
Artificial drainage system. Any canal, ditch, culvert, dike, storm sewer or other man-made facility
which tends to control the surface flow of water.
As-built plans. The amended site plans specifying the locations, dimensions, elevations, capacities
and capabilities of structures or facilities as they have been constructed.
Automobile (service) station. Any building, structure or land used for the dispensing, sale or
offering for sale at retail of any automotive fuels, oils or accessories and in connection with which
is performed general automobile servicing as distinguished from automobile repairs.
Awning/Canopy sign. See Sign, awning/canopy.
Band level. The total sound level of all noise as measured with a sound level meter using the "A"
weighting network. The unit of measurement is the dB(A).
Banner sign. See Sign, banner.
Base flood. The flood having a one percent chance of being equaled or exceeded in any given year.
Beacon light. Any light with one or more beams, capable or being directed in any direction or
directions or capable of being revolved automatically.
Beneficiaries of drainage service. The term shall, include all developed real properties within the
city which benefit by the provision of maintenance, operation and improvement of the stormwater
control system. Such benefits may include, but are not limited to, the provision of adequate systems
of collection, conveyance, detention, treatment and release of stormwater, the reduction of hazard
to property and life resulting from stormwater runoff improvement in the general health and welfare
through reduction of undesirable stormwater conditions and improvement to the-water quality in
the storm and surface water system and its receiving waters.
Block. Includes "tier" or "group" and means a group of lots existing within well-defined and fixed
boundaries, usually being an area surrounded by streets or other physical barriers and having an
assigned number, letter, or other name through which it may be identified.
Boarding (lodging house). A building other than a hotel where lodging or meals or both are served
for compensation.
Buffer area. A buffer area is a landscaped strip along site boundaries that serves to physically
separate and visually screen between incompatible land uses.
Buildable area. That portion of a lot excluding setbacks, buffers, set asides and other areas as
deemed necessary by the city to protect natural resources found on the lot
Building. A structure having a roof supported by columns or walls.
Building front That area of a building which faces the public or private way pursuant to which the
building is numbered.
Building, height of. The vertical distance from the mean finished grade to the highest point of the
main building. The height if a wall is the vertical distance from the grade to the mean level of the
top of the wall, including any dormers or gables on the wall.
Caliper. The minimum trunk diameter of replacement tree as measured at a predetermined point
of measurement.
City. The words "the city" or "this city" shall mean the municipal corporation of Lake Helen,
Volusia County, Florida.
City attorney. The legal counselor for the city.
City commission. The words "commission," "city commission" or "governing body" shall mean
the City Commission of the City of Lake Helen, Volusia County, Florida.
Clearing. The removal of any trees or brush from the land, but shall not include mowing or
grubbing.
Clinic. A clinic is an establishment where patients are admitted for examination and treatment by
one person or a group of persons practicing any form of healing or health building services to
individuals, whether such persons be medical doctors, chiropractors, osteopaths, chiropodists,
naturopaths, optometrists, dentists or any such profession the practice of which is lawful in the
State of Florida.
Club. Building and facilities owned and operated by a corporation or association of persons for
social and recreational purpose but not operated primarily for profit or to render a service which is
customarily carried on as a business.
Code inspector. Any authorized agent or employee of the municipality whose duty it is to ensure
code compliance.
Commercially developed parcel. A parcel of property on which there is at least one walled and
roofed structure used, or designed to be used, for other than residential or agricultural purposes.
Commission. The City Commission of the city of Lake Helen.
Comprehensive land use plan. A land use plan comprised of the elements included in Chapter
163.3177, Florida Statutes, and adopted in accordance with Chapter 163.3184 of said Statutes.
Computation of time. In computing any period of time prescribed or allowed by these regulations,
the day of the act, event or default from which the designated period of time begins to run shall not
be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday
or legal holiday in which event the period shall run until the end of the next day which is neither a
Saturday, Sunday or legal holiday. When the period of time prescribed or allowed is less than seven
(7) days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation.
Concurrency. A condition where specified facilities and services have or will have the necessary
capacity to meet the adopted level of service standard at the time of impact of the development
project.
Contributing runoff. The area of a parcel from which stormwater will result in runoff.
Contribution rate. That portion of the stormwater management fee reflective of a particular
parcel's individual contribution to runoff.
Contributors of stormwater. The term shall include all developed real properties within the city
and all agricultural uses.
County. The words "the county" or "this county" shall mean Volusia County, Florida.
Cross-sectional area. The area of the trunk of a tree taken four and one-half (4 1/2) feet above the
base of the tree measured perpendicular to the axis of the trunk.
Cultural resource. A site, object, structure, building or district listed on the City's Historic
Preservation element, Article 34, and/or on the City local register of historic places.
Curb level. The curb level or grade is the elevation of the street curb established by the city and
predominant in the surrounding area.
Crown. The main mass of branching of a plant above the ground.
Decibel. A unit of level equal to ten (l0) times the logarithm (base 10) of the ratio if any two (2)
quantities proportional to power.
Definitions. The words contained herein shall have the meanings respectively ascribed to them.
Delegation of authority. Whenever a provision appears requiring the head of a department, or
officer of the city to do some act or make certain inspections, it is to be construed to authorize the
head of the department or officer to designate, delegate and authorize subordinates to perform the
required act or make the required inspection unless the terms of the provision or section designate
otherwise.
Demolition. The tearing down or razing of 25% or more of a structure's external walls.
Density or gross density. The total number of dwelling units divided by the total site area, less
public right-of- way.
Detention. The collection and storage of surface water for subsequent gradual discharge.
Deteriorated. Degenerated or damaged to the point where the death of the tree is imminent or to
the point where the tree poses a significant hazard.
Developer. Means the person or legal entity that applies for approval of a plat of a subdivision
pursuant to this chapter.
Developed property. Any property altered in appearance by removal of vegetation, grading of the
ground surface, construction of a structure or impervious surface.
Development. Any man-made change to improved or unimproved real estate, including but not
limited to buildings or other structures, mining, dredging, filling, grading, paving, excavating, and
drilling operations or permanent storage of materials or the dividing of land into two (2) or more
parcels. Development shall include:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
A reconstruction or alteration of the size or structural change in the external appearance of
a structure on land.
A change in the intensity of the use of land, such as an increase in the number of dwelling
units in a structure of on land or a material increase in the number of businesses,
manufacturing establishments, offices or dwelling units in a structure or on land.
Alteration of a shore or bank of a river, lake, pond or canal.
Commencement of drilling (except to obtain soil samples) mining or excavation on a parcel
of land.
Demolition or removal of a structure.
Clearing of land as an adjunct of construction.
Deposit of refuse, solid or liquid waste or fill on a parcel of land.
Development order. An order granting, denying, or granting with conditions an application for
approval of a development project or activity.
Dilapidated. A structure of any size that is falling to pieces; broken down.
Diameter at breast height (DBH). The trunk diameter of a tree measured four and one-half (4 ½)
feet above the average ground level at the base of the tree; provided, however, if the tree forks
above four and one-half (4 1/2) feet above ground level, it is measured below the swell resulting
from the double stem. Stems that fork below four and one-half (4 1/2) feet above ground level shall
be considered separate trees.
Direct hydrologic connection. A surface water connection which, under normal hydrological
conditions, occurs on an average of thirty (30) or more consecutive days per year. In the absence
of reliable hydrologic records, a continuum of wetlands may be used to establish a direct hydrologic
connection.
Discharge, discharge point. The out-flow of water from a project, aquifer, drainage basin or
facility.
District. A geographically definable area, urban or rural, possessing a significant concentration,
linkage, or continuity of sites, buildings, structures, objects, or areas, which are united historically
or aesthetically by plan or physical development. A district may be comprised of individual
resources which are separated geographically but are linked by association or history.
Drainage system. A man-made system which conveys water to a point of discharge.
Drip line. The outermost perimeter of the crown of a plant as projected vertically to the ground.
Dwelling. A building or portion thereof designed exclusively for residential occupancy, including
one, two and multiple family dwellings, but not including hotels, boarding or lodging houses.
Dwelling, multiple. A building designed for or occupied exclusively by three or more families.
Dwelling, one-family. A building designed for or occupied exclusively by one family.
Dwelling, two-family. A building designed for or occupied exclusively by two families. Also
called duplex dwelling.
Dwelling unit. A single housing unit providing complete, independent living facilities for one
housekeeping unit, including permanent provisions for living, sleeping, eating, cooking and
sanitation.
Erect. To construct, build, raise, assemble, relocate, place, replace, affix, create; structurally alter,
paint, draw, or in any other way bring into or establish; but it shall not include any of the foregoing
activities when performed as an incident to the change of copy or the customary maintenance or
repair of a sign.
Existing. The condition immediately before development or redevelopment commences.
F.A.C. The abbreviation F.A.C. shall mean the latest edition or supplement of the Florida
Administrative Code.
F.S. The abbreviation “F.S.'' shall mean the latest edition or supplement of the Florida Statutes.
Family. Any number of related individuals living together as a single housekeeping unit.
Farm. A piece of land with house, barns, etc., on which crops or animals are raised as a business.
Festoons. A string of ribbons, tinsel, small flags or pinwheels.
Final plat. The final map, drawing, or chart in which the subdivider's plan of subdivision is
presented to the City Commission after first having obtained the approval and/or recommendations
from the Mayor, City Clerk, and City Attorney, and which, if approved, by the City Commission
will be submitted to the Clerk of the Circuit Court for recording.
Flood or Flooding. A temporary partial or complete inundation of normally dry land from the
overflow of inland waters, or from the unusual and rapid accumulation of runoff or surface waters
from any source.
Flood Hazard Boundary Map (FHBM). The map issued by the Federal Emergency Management
Agency showing flood-prone areas. Drawn from United States Geological Survey Maps, it does
not provide flood elevations and is intended to be used only until the Flood Insurance Rate Map is
produced.
Flood Insurance Rate Map (FIRM). The official map issued by the Federal Emergency
Management Agency showing both the Area of Special Flood Hazard and the risk premium zones
within the city/county.
Flood protection elevation. The elevation of the base flood plus one (l) foot.
Floodplain. Land which will be inundated by floods known to have occurred or reasonably
characteristic of what can be expected to occur from the overflow of inland or tidal waters and the
accumulation of runoff of surface waters from rainfall.
Floodway. The channel of a natural stream or river and portions of the floodplain adjoining the
channel, which are reasonably required to carry and discharge the floodwater or flood flow of any
natural stream or river.
Frontage, building. The length of an outside building wall along a strict right-of-way.
Frontage, street. The length of the lot line of anyone premises along the street right-of-way line
of which the lot borders.
Garage apartment. An accessory building with storage capacity for not less than two automobiles,
the second floor of which is designed as a residence for not more than one family.
Garage, automobile (mechanical). Any building or premises, except those described as a private
or storage garage, used for the repair, storage or care of motor vehicles, or where any such vehicles
are equipped for operation, repaired or kept for renumeration, hire or sale.
Garage, private. An accessory building or a portion of a main building used for the parking or
storage of automobiles of the occupants of the main building. A carport is a private garage.
Garage, storage. A building or portion thereof designed or used exclusively for the storage or
parking of automobiles. Services other than storage shall be limited to refueling, lubrication,
washing, waxing and polishing.
Gender. A word importing the masculine gender only shall extend and be applied to females and
to firms, partnerships and corporations as well as to males.
Grade, finished. The completed surfaces of lawns, walks, and driveways brought to grades as
shown on the plans or designed relating thereto.
Grid system. A series of designated north/south parallel lines intersecting a second set of east/west
parallel lines within a one square mile area (i.e., "section"), as indicated on the official property
numbering maps.
Gross floor area. The sum of the gross horizontal areas of the several floors of a building measured
from the exterior face of exterior walls, or from the centerline of a wall separating two (2) buildings,
but not including interior parking spaces, loading space for motor vehicles, or any space where the
floor-to-ceiling height is less than six (6) feet.
Ground sign. See Sign, ground.
Groundwater. Water beneath the surface of the ground whether or not flowing through known
and definite natural channels.
Guest (tourist) house. Any dwelling in which rooms are rented for guests or for lodging of
transients and travelers for compensation and so advertised to the public.
Harmful to minors. With regard to sign content, any description or representation, in whatever
form, of nudity, sexual conduct, or sexual excitement, when it:
1.
predominately appeals to the prurient, shameful, or morbid interest of minors in sex,
and
2.
is patently offensive to contemporary standards in the adult community as a whole
with respect to what is suitable sexual material for minors, and
3.
taken as a whole, lacks serious literary, artistic, political, or scientific value.
Highest adjacent grade. The highest natural elevation of the ground surface adjacent to the
proposed walls of a structure.
Historic preservation. (See Article 34)
Historic tree. Any live oak (quercus virginiana)or bald cypress ttaxodium distichumy thirty-six
(36) inches DBH or greater, or any other tree which is determined by the county council of Volusia
County to be of such unique and intrinsic value to the general public because of its size, age, historic
association or ecological value as to justify this classification. Any tree in the county selected and
duly designated as a Florida State Champion, United State Champion or a World Champion by the
American Forestry Association shall likewise be within this definition.
Home occupation. Any occupation in connection with which there is kept no stock or trade, nor
commodity sold upon the premises, no person employed other than a member of the immediate
family residing upon the premises.
Hotel. A building or other structure kept, used, maintained advertised as or held out to the public
to be a place where sleeping accommodations are supplied for pay to transients or permanent guests
or tenants, in which ten or more rooms are furnished for the accommodation of such guests; and
having or not having one or more dining rooms, restaurants or cafes, if existing, being conducted
in the same building or accessory building or buildings in connection herewith.
Hydrograph. A graph of the flow of water over a certain period of time for a selected point.
Hydrological cycle. The movement of water through the environment on, above and below the
surface of the earth.
Hydrologic response. The manner and means by which stormwater collects upon real property
and is conveyed from real property, and which is a 3 function dependent upon a number of
interacting factors, including, but not limited to, topography, vegetation, superficial geologic
conditions, antecedent soil moisture conditions and groundwater conditions. The principal
measures of the hydrologic system may be slated in terms of total runoff volume, as a percentage
of total precipitation which runs off, or in terms of the peak rate of flow generated in the event of
a storm of given duration and intensity, or statistical interval of return (frequency).
Impervious areas. Those hard-surfaced areas which either prevent or severely restrict the entry of
water into the soil, mantle, as it entered under natural conditions prior to development, and/or cause
water to run off the surface in greater quantities or at an increased rate of flow from that present
under natural conditions prior to development. Common impervious surfaces include, but are not
limited to, rooftops, sidewalks, walkways, patio areas, driveways, parking lots storage areas and
other surfaces which similarly impact the natural infiltration or runoff patterns which existed to
development, including normal water in ponds and lakes.
Improvements. Any man-made, immovable item which becomes a part of, is placed upon or is
affixed to real estate. May include, but are not limited to, street pavements, curbs and gutters,
sidewalks, alley pavements, walkway pavements, water mains, sanitary sewers, storm sewers or
drains, street names, signs, landscaping, permanent reference monuments (PRMs), permanent
control points (PCPs), or any other improvements required by a governing body.
Industrial. Activities under this land use category include light industrial operations that are not
likely to result in objectionable on or off-site impacts including odors, smoke, dust, refuse, or noise.
Uses within this category may include:
1.
Operations directed to the assembling, storage or distribution of components,
devices equipment or products.
Institutional. This type of use includes educational facilities (public or private), pre-school and
day care facilities, churches, government offices, residential care facilities, nursing home facilities,
and other similar institutional uses.
Interpretation. In the interpretation and application of any provision of these regulations, it shall
be held to be the minimum requirements adopted for the promotion of the public health, safety,
comfort, convenience and general welfare. Where any provision of these regulations imposes
greater restrictions upon the subject matter than the general provision imposed by these regulations,
the provision imposing the greater restriction or regulation shall be deemed to be controlling.
Junkyard. Premises or portions thereof used for the storage or sale of used and discarded
materials, including but not limited to, paper, rags, metal, building materials, appliances, household
furnishings, machinery, vehicles, equipment, or parts thereof. The storage for a period of two (2)
or more months of two (2) or more wrecked or party dismantled motor vehicles, parts of dismantled
motor vehicles, or the sale of parts thereof, not capable of or not intended to be restored to highway
operating condition shall also constitute a junkyard. For the purposes of this Code, such uses as
automobile reclaiming businesses, automotive wrecking businesses, automotive salvage businesses
and recycling centers shall be considered junkyards.
Land. The earth, water, air above, below or on the surface, and includes any vegetation,
improvements or structures customarily regarded as land.
Land development regulations. Reference to the "Land Development Regulations" or to the
"LDRs" shall mean the Land Development Regulations of the City of Lake Helen, Florida, as
contained in this volume.
Land use change. The city commission upon its own initiative or upon the written petition of any
owner of property may amend, supplement, change, modify or repeal any provision of the land
development regulations.
Land use districts. Describes the specific uses and restrictions which apply to the land use districts
as regulated to ensure that the development and use of property is in conformance with the goals,
objectives and policies of the Comprehensive Plan.
Large commercial. This category includes commercial uses that may serve a market larger than
the immediate area (and consequently are larger in size than those commercial outlets associated
with Mixed Commercial type- uses), are not generally compatible with pedestrian oriented retail
shopping areas, tend to obstruct and interfere with the shopping or service function, or generate a
large number of automobile trips. The following are examples of the type of uses covered:
1.
2.
3.
4.
5.
6.
7.
8.
9.
Wholesale commercial uses, warehousing, storage or distribution centers.
Light manufacturing, such as automobile mechanical garages paint and body shops,
bakeries, air conditioning sales and service and assembly confectionery
manufacture, manufacture and assembly of scientific, electrical, optical, medical
and other precision instruments or equipment, manufacture of clothing, ice cream
manufacture, manufacture and sale of novel lies, souvenirs or computer electronics;
laboratories for testing materials and analysis
Laundry self-service
Printing, book-binding, lithography and publishing establishments.
Trade shops including tinsmiths, cabinet maker, rug and carpet cleaning,
upholstering, mattress renovation, electrical, roofing and plumbing shops.
Clubs and fraternal organizations
Hotel, motel or motor lodges
Clinics, medical or dental
Drive-through facilities
Laundry, self-service. A business rendering a retail service by renting to the individual customer
equipment for the washing, drying and otherwise processing laundry, with such equipment to be
serviced and its use and operation supervised by the management.
Local Planning Agency (LPA). A group of citizens appointed by the city commission to serve as
the local planning agency in compliance with the requirements of Chapter 163 of Florida Statutes
to prepare and recommend a comprehensive land use plan for adoption by the city commission,
and other purposes defined in the state's local government comprehensive planning act, amended
in 1985.
Lot. An area of land which abuts a street and which either complies with or is exempt from the city
subdivision regulations and is sufficient in size to meet the minimum area and width requirements
for its land use classification as established in the current city ordinance as amended and a portion
of a subdivision or any tract or parcel of land, including the air space above or contiguous thereto,
intended as a unit for transfer of ownership or for development or both. The word lot includes the
words plot, tract, or parcel.
Lot, corner. A lot abutting upon two or more streets at their intersections.
Lot depth. The depth of a lot is the distance measured in a mean direction of the side lines of the
lot from the midpoint of the front line to the midpoint of the opposite rear line of the lot.
Lot, interior. A lot other than a corner lot.
Lot of record. A lot which is a part of a subdivision, the map of which has been recorded in the
office of the Clerk of the Circuit Court of Volusia County, Florida.
Lot, through. An interior lot having frontage on two streets, as distinguished from a corner lot.
Lot width. The mean horizontal distance between the side lot lines, measured at right angles to the
depth.
Lowest floor. The lowest enclosed floor of a structure, including a basement, but not including the
floor of an area enclosed only with insect screening or wood lattice as permitted by the flood
damage prevention regulations in this Code.
Maintenance. That action taken to restore or preserve the original design and function of any
Stormwater Management System.
Manufactured Buildings. The definition of the term relating to manufactured buildings shall be
as set forth in State law. Manufactured buildings are approved by the Florida Building
Commission/Florida Department of Community Affairs (FDCA) and contain a 4" x 5" heavy foil
insignia generally located on or near the electrical panel. A wall component, room addition, bath
or kitchen core bears an additional foil insignia as promulgated by the FDCA. Manufactured
buildings, when functioning as a residential unit are from time-to-time referred to in this Ordinance
as "manufactured dwellings."
(Ord. 2004-13; § 2, 9-2-2004)
Manufactured Housing. The definition of the term relating to manufactured housing shall be as
set forth in State law. Manufactured housing (mobile homes) are required to satisfy the National
Mobile Homes Construction and Safety Standards promulgated by United States Department of
Housing and Urban Development (HUD). This program is administered in Florida by the
Department of Highway Safety and Motor Vehicles (DHSMV) and is not affiliated with the
Manufactured Buildings Program and these buildings contain a 2" x 4" metal rectangular red
certification label located on the rear roadside corner of each module signifying approval by the
DHSMV. Manufactured housing (mobile homes) are constructed in accordance with standards
promulgated by the HUD and must be transported as a vehicle and the City determines where
mobile homes may be installed in accordance with zoning laws and other land development
regulations.
(Ord. 2004-13; § 2, 9-2-2004)
Marquee sign. See Sign, marquee.
Minimum square footage. The sum of the gross horizontal areas of all floors of a building
measured from the exterior faces of the exterior walls or from the centerline of walls separating
two (2) buildings, excluding attic areas with a head room of less than seven (7) feet, unenclosed
stairs or fire escapes, elevator structures, cooling towers, areas devoted to air conditioning,
ventilating or heating or other building machinery and equipment, vehicle parking structures,
basement space, or porches, patios, breezeways, sun porches, and other similar structural additions
that are enclosed or unenclosed with screening.
Minor replat. The subdivision of a single lot or parcel of land into two (2) lots or parcels, or the
subdivision of a parcel into two or more lots solely for the purpose of increasing the area of two or
more adjacent lots or parcels of land, where there are no roadway, drainage or other required
improvements, and where the resultant lots comply with the standards of this Code.
Mixed Commercial. A variety of general commercial, commercial recreational, entertainment,
and related activities is included in this category. The following specific uses are examples of the
type of activities within this category:
1.
2.
3.
4.
5.
6.
7.
8.
9.
Any use permitted in Residential district.
Art, antique, gift, china, glassware, jewelry and luggage shop.
Beauty salons, barber shops.
Book and stationary stores, newsstands.
Business colleges or commercial schools.
Day nurseries, kindergartens.
Florist shops, the products of which are displayed and sold wholly upon the
premises, but not grown on the premises.
Grocery, vegetable, fruit, meat markets; bakery for retail sale on the premises;
delicatessen; dry goods, television repair shops, household and electrical appliance
stores with servicing as an accessory use to be contained within the building and
any other retail store consistent with this provision.
Interior decorators.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
Investment, insurance and real estate offices; banks, credit unions and Savings and
Loans.
Laundry and dry cleaning pick-up stations, where no such work is done on the
premises.
Music, art or dancing school or studio but not dance hall.
Men's, women's and children's wearing apparel and accessories.
Restaurants and snack bars.
Photographic supplies and studios; artists supplies; music shops.
Shoe repair; hat cleaning.
Drug store, confectionery, sundries, tobacco shops.
Self-service laundry.
Automobile service stations.
Child care facilities.
Adult day care facilities.
Adult Congregate Living Facilities (ACLF).
Wine, Beer or Liquor Stores
Hardware Store (w/o outside storage)
Month. The word "month" shall mean a calendar month.
Motels, tourist courts, motor lodges. A group of attached or detached buildings containing
individual sleeping units, with automobile storage or parking space provided in connection
therewith, designed for use primarily by automobile transients, but not limited to these individuals.
Motor vehicle. Any vehicle propelled by other than muscular power.
Multiple dwelling unit. A building or facility consisting of more than one (1) dwelling unit, each
such unit consisting of one (1) or more rooms with bathroom and kitchen facilities designed for
occupancy by one (1) family.
Name of officer, department, board, etc. The naming of an officer, department, board, etc., shall
be construed as if followed by the words "of the City of Lake Helen."
Natural drainage system. Surface streams or swamps which convey water to natural points of
discharge.
Natural flow pattern. The rate, volume and direction of the surface water flow or groundwater
flow or both occurring under natural conditions for any given portion of the city.
Natural systems. Systems which predominantly consist of or are used by those communities of
plants, animals, bacteria and other flora and fauna which occur indigenously on the land, in the
soil or in the water.
Noise level. The sound pressure level as measured in dB (a) by a sound level meter.
Nonconforming sign. See Sign, nonconforming.
Nonconforming use. A use of land, sign or building existing at the time of adoption of these land
development regulations which is not permitted within the land use classification applicable
thereto.
Nonresidential unit. Any building, structure or facility used other than as a dwelling unit or singlefamily unit.
Nontechnical and technical words. Words and phrases shall be construed according to the
common and approved usage of the language, but technical words and phrases and such others as
may have acquired a peculiar and appropriate meaning in law shall be construed and understood
according to such meaning.
Number. A word importing the singular number only may extend and be applied to several persons
and things as well as to one person and thing.
Numbering system. A uniform method of assigning and coordinating the addresses of buildings
and properties based on a designated grid system contained in the official property numbering
maps.
Nursing (convalescent) home. A home for the aged, chronically ill or incurable persons in which
three or more persons not of the immediate family are received, kept or provided with food and
shelter or care for compensation; but not including hospitals, clinics or similar institutions devoted
primarily to the diagnosis and treatment of the sick or injured.
Oath. The word "oath" shall be construed to include an affirmation in all cases in which, by law,
an affirmation may be substituted for an oath, and in such cases the words "swear" and "sworn"
shall be equivalent to the words "affirm" and "affirmed."
Object. A material thing of functional, aesthetic, cultural, historical, or scientific value that may
be by nature of design, movable, yet related to a specific setting or environment.
Occupant. Any person, firm, entity, partnership, trust, corporation, association, or other
organization who is occupying or leasing a building or other property for a period exceeding thirty
(30) days.
Off-premise sign. See Sign, off-premise.
On-premise sign. See Sign, on-premise.
Open drainageway. A natural or man-made open-cut which has the specific function of
transmitting natural stream, water or storm runoff water from a point of higher elevation to a point
of lower elevation, such as swales, ditches, canals, streams and creeks.
Ordinary maintenance. Work which does not require a construction permit and that is done to
repair damage or to prevent deterioration or decay of a building or structure or part thereof as
nearly as practicable to its condition prior of the damage, deterioration, or decay.
Owner. Any and all persons, firms, entities, partnerships, trusts, corporations, associations, or other
organizations who own the fee title to, or have an undivided interest in, any building or property.
Owner. tenant, occupant the term shall include the executors, administrators, successors, and
assigns of the person referred to; and the covenants and agreements contained in any contract
between the department and its consumers should be binding upon an inure to the benefit of the
successors, heirs, executors, administrators or assigns of the respective persons thereto.
Overlay Zone. Used to impose special development restrictions on identified areas. The location
of overlay zones is established by the city based on the need for special protective measures in that
area. The underlying uses in the area, as determined in Article 2, Land Use, of this Code, remain
undisturbed by the creation of the overlay zone. The overlay zone merely imposes additional or
different development standards than those that would otherwise apply.
Parcel of land. Any quantity of land capable of being described in such a manner that its location
and boundaries may be established, which is designated by its owner or developer as land to be
used or developed. as a unit Or which has been used Q[ developed as a unit Said land shown on a
recorded plat or on the Volusia County Appraiser's maps or described by deed and recorded in the
Public Records of Volusia County, Florida.
Parking lot. An area or plot of land used for the storage or parking of vehicles.
Peak flow. The highest instantaneous rate of stormwater runoff, measured, or estimated. It is
differentiated from total flow volume by the introduction of a unit of time measure during which
the maximum rate of flow is measured, calculated or estimated.
Permitted principal use or structure. Those uses that are permitted within the various land use
classifications.
Permitted special exception (signs). A use expressly so designated within the various zoning
classifications that would not be appropriate generally or without restriction throughout a particular
zoning classification but that would not adversely affect the public health, safety, comfort, good
order, appearance, convenience, morals, or general welfare, if controlled in number, area, location,
relation to the neighborhood, or in other appropriate respects.
Person. Any individual, firm, association, organization whether social or business, partnership,
joint venture, trust company, corporation, receiver, syndicate, business trust or other group or
combination acting as a unit, including any government.
Pervious area. That area within the city which is under standard conditions, permeable to
stormwater runoff and surface water.
Pollutant. Any substance, contaminant, noise, or manmade or man-induced alteration of the
chemical, physical, biological, or radiological integrity of air or water in quantities or at levels
which are or may be potentially harmful or injurious to human health or welfare, animal or plant
life, or property, or which unreasonably interfere with the enjoyment of life or property, including
outdoor recreation.
Portable sign. See Sign, portable.
Preceding, following. The words "preceding" and following" mean next before and next after,
respectively.
Preliminary plat. A topological map showing: elevations; adjacent streets; title of the property;
mortgages and liens; other information as required.
Premises. A lot, together with all buildings and structures thereon.
Principal building. Any structure which is designed, built or used for the support, enclosure,
shelter, or protecting of persons, animals, chattel or property of any kind for any residential
commercial or industrial purpose.
Private. That property or facilities owned by individuals, corporations, and other organizations and
not by a city, county, state, or federal government agency.
Private way. Any officially named thoroughfare used for vehicular traffic which is not included
in the definition of "public way" and which is not maintained by the city. This term shall include,
but is not limited to, roadways or driveways in apartment, condominium, commercial, or industrial
complexes, which have been named and signed in accordance with Florida Statutes, Section
316.077 (State Uniform Traffic Law).
Project. The particular structures and improvements proposed by the applicant on a particular land
area which are part of a common part of development and shall include the subdivision of land.
Project initiation. All acts prior to actual construction activities and includes, but is not limited
to, land clearing, utility construction and the like.
Projecting sign. See Sign, projecting.
Protected wellhead. Those wellheads with a permitted capacity of 100,000 GPD or more.
Protected environmentally sensitive area. An environmentally sensitive area designated for
protection in the Conservation Element of the city comprehensive plan.
Public notice or hearing. "Public notice" or "due public notice" as used in connection with the
phrase "public hearing" or "hearing to held after due public notice" 'shall mean publication 'of
notice of the time, place, and purpose of such hearing at least twice in a newspaper of general
circulation in the area, with the first publication not less that fourteen (14) days prior to the date of
the hearing and the second at least five (5) days prior to the beginning,
Public place. The term "public place" shall include any park, cemetery, school yard or open space
adjacent thereto and any lake, stream or waterway.
Public way. That area of an officially named public road or right-of-way, either paved or unpaved,
which is intended for vehicular traffic, excluding service entrances or driveways.
Rate. The volume of water per unit of time.
Real property. Includes lands, tenements and hereditaments.
Recharge. The inflow of water into a project, aquifer, drainage basin or facility.
Recreational vehicle. A vehicular-type portable structure without permanent foundation, which
can be towed, hauled or driven and primarily designed as temporary living accommodation for
recreation, camping, and travel use and including, but not limited to; travel trailers, truck campers,
camping trailers, and self-propelled motor home.
Replacement stock. Any immature tree having an overall height of at least six (6) feet and a
minimum DBH of one and one-half (1 1/2) inches.
Restaurant. An eating and drinking establishment designed primarily to serve walk-in or
pedestrian oriented customers. Such establishments specialize in foods and/or beverages which are
consumed on the premises within the confines of the principal building itself
Roof sign. See Sign, roof.
Runoff coefficient. Ratio of the amount of rain which runs off a surface to that which falls on it;
a factor from which run-off can be calculated.
Sandwich sign. See Sign, sandwich.
Service area. The corporate limits of the city.
Sidewalk. The word "sidewalk" shall mean any portion of a street between the curb line and the
adjacent property line, intended for the use of pedestrians, excluding parkways.
Sign. A sign is a surface, fabric, device or display that is designed to advertise, inform, identify or
to attract the attention of persons. For the purpose of these regulations, the term "sign" shall include
all structural parts.
Sign, awning/canopy. Any sign consisting of information painted on, or imprinted on, awnings
or canopies. Defined as a sheltering screen, usually of canvas fabric, extending over or before any
place which has windows, doors, outside walks or the like, and providing shelter or protecting
against the weather.
Sign, banner. A sign made of fabric or any nonrigid material with no enclosing framework.
Sign copy. The area of a sign that consists of letters, numbers, symbols, pictures, illustrations,
announcements, insignia, trademarks, or the like.
Sign, electric. Any sign containing electric wiring.
Sign, ground. A sign that is supported by one or more columns, upright poles, or braces extended
from the ground or from an object on the ground, or that is erected on the ground, where no part of
the sign is attached to any part of a building.
Sign, harmful to minors. See harmful to minors.
Sign, illuminated. A sign which contains a source of light or which is designed or arranged to
reflect light from an artificial source including indirect lighting, neon, incandescent lights, backlighting, and shall also include signs with reflectors that depend upon automobile headlights for an
image.
Sign, marquee. A sign that is erected to a projection or extension of a building and constructed in
such a manner to provide a shelter or cover over the approach to a store, theater, business, or place
of public assembly.
Sign, nonconforming. Any sign within the City on the effective date of this Code or a sign existing
within any area annexed to the City after the effective date of this Code, which is prohibited by, or
does not conform to the requirements of this Code.
Sign, off-premises. Any sign that is not an on-premises sign.
Sign, on-premises. A sign erected by the owner or lessee of premises that is incidental, subordinate,
and accessory to the permitted principal use or structure and located on the same premises of such
principal use or structure.
Sign, portable. A sign that is mounted on a vehicle normally licensed by the State of Florida as a
trailer. Includes such signs even though the wheels may be removed and the remaining chassis or
support structure converted to an A or T frame sign and attached temporarily or permanently to the
ground.
Sign, projecting. A sign erected as an integral part of a building or structure that extends more
that twelve (12) inches and less than four (4) feet beyond such building or structure.
Sign, roof. A sign erected wholly upon or over the roof of any building and having its principal
support on the roof structure.
Sign, sandwich. Any sign consisting of two (2) faces that are joined together and is free of structure
or support and secured to the ground.
Sign, temporary. A sign that is intended to be displayed for a limited period of time.
Sign, wall. A sign erected to the wall of any building, structure or retaining wall that extends twelve
(12) inches or less beyond such wall.
Sign, window. A sign erected inside or upon a window facing the outside which is intended to be
seen from the exterior.
Signboard. Any structure or part thereof on which lettered or pictorial matter is displayed for
advertising or notice purposes.
Site. Generally, any tract, lot or parcel of land or combination of tracts, lots, or parcels of land that
are in one ownership, or in diverse ownership but contiguous, and which are to be developed as a
single unit, subdivision, or project.
Site mitigation. All private facilities constructed on a parcel of land which provide for the
abatement of stormwater to amounts equivalent to vacant property or standards prescribed by the
city.
Site plan. The plan required to obtain a development, construction, building or storm water permit
which shows the means by which the developer will conform with applicable provisions of this
chapter and other ordinances.
Sound level meter. The instrument including as microphone, an amplifier, an output meter, and
frequency weighting networks used for the measurement of noise and sound levels in a specified
manner.
Sound pressure level. Sound pressure level in decibels of sound is twenty (20) times the logarithm
to the base ten (10) of the ratio of the pressure of this sound to the reference pressure, which
reference pressure must be explicitly stated.
Special exception. A use that would not be appropriate in a land use district without special
restrictions. Specific mention of special exception in the land use ordinance is required and each
special exception must be specifically approved by the City Commission.
Specimen tree. The following species of trees with the minimum specified DBH are determined
to be specimen trees in Lake Helen, Florida.
Common Name
Turkey oak
Other oak species
Maple
Sweet Gum
Hickory
Elm
Loblolly bay
Sweet bay
Red bay
Swamp bay
Sycamore
Magnolia
Botanical Name
Quercus leavis
Quercus spp.
Acer spp,
Liquidarnbar styraciflua
Carya spp,
Ulmus spp.
Gordonia Isianthus
Magnolia virginianan
Perseas borbinia
Peraea paustris
Platanus occidentialis
Magnolia grandiflora
DBH
12 inches & larger
18 inches & larger
18 inches & larger
18 inches & larger
18 inches & larger
18 inches & larger
12 inches & larger
12 inches & larger
12 inches & larger
12 inches & larger
18 inches & larger
12 inches & larger
Start of construction. The date the construction permit was issued, provided the "actual start of
construction" was within 180 days of the permit date. The "actual start of construction" means the
first placement of permanent elements of a structure on a site, such as the pouring of slabs or
footings, installation of piles, construction of columns, or any work beyond the stage of excavation
or of the placement of a manufactured home on a foundation. Permanent construction does not
include land preparation, such as clearing, grading and filling; installation of streets and/or
walkways: excavation for a basement, footings, piers or foundations; erection of temporary forms;
or the installation of appurtenant structures.
State. The words "the state" or "this state" shall mean the State of Florida.
Stormwater. The flow of water which results from and occurs immediately following a rainfall
event.
Stormwater conveyance system. Any natural or man-made system which transports excess
rainfall from the land to a point of discharge.
Stormwater management fee. Stormwater management utility fee enacted herein which is billed
on the basis of certain categories of land designations.
Stormwater management system. The appurtenances, facilities, equipment and services
necessary for which the stormwater runoff is conveyed; the peak flow from developed land surfaces
is reduced; the erosion created by stormwater is reduced; and/or the water quality of the stormwater
runoff is improved within the corporate limits of the city. The system designed to treat stormwater,
or collect, convey, channel, hold inhibit, or divert the movement of stormwater on, through and
from a site.
Story. That portion of a building included between the surface of any floor and the surface of the
next floor above it, or if there be no floor above it, then the space between such floor and ceiling
next above it.
Story, half. A story under a gabled, hipped or gambrel roof and the wall plates of which on at least
two opposite exterior walls are not more than three feet above the finished floor of such story.
Street. A public thoroughfare which affords principal means of access to abutting property. The
word "street" shall embrace streets, avenues, boulevards, roads, alleys, lanes, viaducts and all other
public highways in the city, and shall include the entire width of the right-of-way thereof if the
sense so requires or admits.
Street line. The line between the street and abutting properly.
Structural alterations. Any change, except for repair or replacement, in the supporting members
of a building, such as bearing walls, columns, beams or girders, floor joists or roof joists.
Structure. Anything constructed, installed, or portable, U1C use of which requires permanent
location on a parcel of land, such as buildings; trailers, fences, billboards, swimming pools, poles,
pipelines, transmission lines, (facts, advertising signs, a gas or liquid storage tank, or-other manmade facilities or infrastructure.
Subdivision. The platting of real property into two (2) or more lots, parcels, tracts, tiers, blocks,
sites, units, or any other division of land and includes establishment of new streets and alleys,
additions and resubdivisions and, when appropriate to the context, relate to the process of
subdividing or to the lands or area subdivided.
Temporary sign. See Sign, temporary.
Tense. Words used in the past or present tense include the future as well as the past and present.
Time. The then current legal time in the city. Daytime shall mean 7:00 am to 11:00 pm and
nighttime shall mean 11:00 pm to 7:00 am in commercial and manufacturing use occupancies.
Daytime shall mean 7:00 am to 10:00 pm and nighttime shall mean 10:00 pm to 7:00 am in
residential use occupancies.
Total flow. The accumulative volume of stormwater discharged from a property, basin, or
watershed. The total flow is quantified in measures such as acre feet or cubic feet of water.
Tract of land. Any amount of land not presently subdivided.
Trailer park. A duly licensed camp, park or other area established to carry on the business of
parking or otherwise servicing trailers. The site plan and all sanitary facilities of a trailer park must
conform to the requirements of the State and County health authorities.
Tree. Any woody, self-supporting plant characterized by having a single trunk of at least six (6)
inches DBH or multi-stem trunk system with a well-developed crown at least fifteen (l5) feet high.
Tree protection zone. A zone around each protected tree as defined in these regulations.
Usable open space. The part or parts of land or structures which are reserved for active or passive
recreation use. This space shall exclude parking areas, driveways, and walkways and open areas
such as cafes and shall be open and unobstructed to the sky. Trees, plantings, arbors, fences,
'flagpoles, sculptures, fountains, swimming pools, open air recreational facilities, laundry apparatus
and similar objects shall not be considered obstructions.
Utility. Electricity, telephone, illumination, potable water and stormwater management utilities.
Utility room. A room containing washers, dryers, sewing machines, workshop of storage area for
heating and air conditioning units.
Vacant. Any piece or parcel of land that is without any building, structure, appurtenance, or
improvement and which is not for agricultural use.
Variance. A modification of, or deviation from, the requirements of these regulations which is
authorized and approved or denied by the City Commission after it finds that the literal
interpretation and application of the provisions of these regulations would cause a unique and
unnecessary hardship not resulting from an action of the owners in the use or development of a
specific lot or building.
Vegetation. All plant growth, especially trees, shrubs, vines, ferns, mosses and grasses.
Vehicles for hire. See Article 33, page 33-1 for complete listing of definitions
Volume. Volume means occupied space and is measured in cubic units.
Wall sign. See Sign, wall.
Water. Includes all water on or beneath the surface of the ground or in the atmosphere, including
natural or artificial watercourses, lakes, ponds, or diffused surface water and water standing,
percolating or flowing beneath the surface of the ground.
Water retention structure. A facility which provides for storage of storm water runoff.
Wellhead protection zone. An area surrounding a public wellhead where development is excluded
or severely limited.
Wetland. Land that is inundated or saturated by surface water or groundwater at a frequency and
duration sufficient to support, and that under normal circumstances do or would support, a
prevalence of vegetation typically adapted for life in saturated soil conditions. The term includes,
but is not limited to, swamp hammocks, hardwood swamps, cypress ponds, bay heads and bogs,
wet prairies, and freshwater marshes.
Window sign. See Sign, window.
Yard. An open space on the same lot with a building, unoccupied and unobstructed from the
ground upward, except by trees or shrubbery or as otherwise provided herein.
Yard, front. A yard across the full width of the lot, extending from the front line of the building
to the front line of the lot, excluding steps.
Yard, rear. A yard extending across the full width of the lot, and measured between the rear line
of the lot and the rear line of the main building.
Yard, side. An open unoccupied space on the same lot with the main building, situated between
the side line of the building and the adjacent side line of the lot and extending from the rear line of
the front year to the front line of the rear yard.
Year. The word "year" shall mean a calendar year, unless otherwise specified.
Zoning change. An action to amend, supplement, change, modify or repeal any provision of the
present land use regulations in accordance with Administration and Enforcement procedures. Must
be in compliance with FS. 163.215 and 166.041.
Zoning classification. Those classifications established by city ordinance and as indicated in
Article 2, Land Use of these ordinances.
CODE OF ORDINANCES
ARTICLES 1 THROUGH 15
LAND DEVELOPMENT REGULATIONS
CITY OF LAKE HELEN FLORIDA
ADOPTED JULY 21, 1994
Second Printing August 1997
Updated December 2014
ARTICLE I
GENERAL PROVISIONS
1.00.00
GENERAL PROVISIONS
1.01.00
TITLE
1.02.00
AUTHORITY
1.03.00
APPLICABILITY
1.03.01
General Applicability
1.03.02
Exceptions
1.04.00
RELATIONSHIP TO COMPREHENSIVE PLAN
1.05.00
PURPOSE AND INTENT
1.05.01
Purpose of the Code
1.05.02
Intent of the Articles of the Code
1.06.00
INCORPORATION BY REFERENCE
1.07.00
ORDINANCES NOT AFFECTED BY CODE
1.08.00
AMENDMENTS TO THE CODE
1.09.00
SUPPLEMENTATION OF THE CODE
1.10.00
REPEAL OF PORTIONS OF THE CODE
1.11.00
VIOLATIONS AND PENALTIES
1.11.01
Legislative Findings, Ordinance Number 2004-12
1.11.02
General Penalty
1.11.03
Prior Offenses
1.12.00
ABROGATION
1.13.00
SEVERABILITY
1.14.00
EFFECTIVE DATE
ARTICLE I
GENERAL PROVISIONS
1.00.00
GENERAL PROVISIONS
1.01.00
TITLE
Articles 1 through 15 of this code shall be entitled the “Land Development Code,
City of Lake Helen,” and may also be referred to as “the Code.”
1.02.00
AUTHORITY
The Code is enacted pursuant to the requirements and authority of Section
163.3202, Florida Statutes (the Local Government Comprehensive Planning and
Land Development Regulation Act) and the general powers of Chapter 166, F. S.
1.03.00
APPLICABILITY
1.03.01
General Applicability
Except as specifically provided below, the provisions of the Code shall apply to all
development in the City, and no development shall be undertaken without prior
authorization pursuant to the Code.
1.03.02
Exceptions
A.
Previously Approved Development Permits
The provisions of the Code and any-amendments thereto shall not affect the
validity of any lawfully issued and effective development permit if:
B.
1.
The development activity authorized by the permit has been
commenced prior to the effective date of this Code or any
amendment thereto, or will be commenced within six months of
issuance of the building permit; and
2.
The development activity continues without interruption (except
because of war or natural disaster) until the development is
complete. If the development permit expires, any further
development on that site shall occur only in conformance with the
requirements of this Code or amendment thereto.
Previously Approved Development Orders
Projects with development orders that have not expired at the time this Code
or an amendment thereto is adopted, and on which development activity has
commenced or which does commence and proceeds according to the time
limits in the regulations under which the development was originally
approved, must meet only the requirements of the regulations in effect when
the development plan was approved. If the development plan expires or is
otherwise invalidated, any further development on that site shall occur only
in conformance with the requirements of this Code or amendment thereto.
1.04.00
RELATIONSHIP TO COMPREHENSIVE PLAN
The Code has been prepared and adopted by the City Commission with due
consideration to existing conditions and future development of the City according
to the general policies contained in the comprehensive plan adopted by the City
Commission in June 1991.
1.05.00
PURPOSE AND INTENT
1.05.01
Purpose of the Code
This integrated Code was enacted in response to S. 163.3202(3), F.S., which
requires land development regulations to be combined and compiled into a single
land development code. This single code will replace the land development
regulations that had been adopted piecemeal over the years and were scattered
throughout the local code of ordinances. These regulations lacked coordination and
were difficult to find, administer and understand. The replacement of those
regulations with this integrated Code will greatly enhance the efficiency and
effectiveness of the regulation of land development in the City.
1.05.02
Intent of the Articles of the Code
Outlined below is a brief description of each of the other Articles contained in the
Code:
A.
Article 2 - Land Use:
This article describes the specific uses and restrictions which apply to the
land use districts adopted in the Comprehensive Plan.
B.
Article 3 - Resource Protection Standards:
This article identifies those resources or areas within a development that
must be protected from the harmful effects of development. These resources
include certain trees, wetland areas, habitat of endangered or threatened
species, wellheads and floodplains.
C.
Article 4 - Development Design Standards:
This article establishes development design and improvement standards for
all development activity in the City. Included in this article are standards
for lot area, lot coverage and setbacks as well as landscaping and buffer
zone requirements.
D.
Article 5 - Improvement Standards:
This article includes standards for transportation systems, parking and
loading, utilities and stormwater management.
E.
Article 6 - Concurrency Management:
The intent of this article is to implement the concurrency provisions of the
Comprehensive Plan. All new development is reviewed according to the
requirements of this article to ensure that adequate capacity of public
facilities exists to accommodate the development.
F.
Article 7 - Accessory Structures and Uses:
This article regulates the installation, configuration and use of accessory
structures and the conduct of accessory uses to ensure that they are not
harmful aesthetically or physically to residents and surrounding areas.
G.
Article 8 - Sign Regulations:
The intent of this article is to encourage the effective use of signs as a means
of communication in the City while maintaining or enhancing the City's
aesthetic environment, preserving pedestrian and traffic safety and
minimizing the adverse effect of signs on nearby property.
H.
Article 9 - Operational Performance Standards:
This article provides standards for the measurement of potential nuisances
within the City for the purpose of protecting the community by eliminating
or controlling hazards and nuisances. Potential nuisances and hazards
covered in this article include noise, vibration, air pollution and odor, debris
insect and rodent control, electromagnetic interference, glare and heat, and
fire and explosive hazards.
I.
Article 10 - Boards and Commissions; Code Enforcement:
This article provides the criteria relating to the creation, membership, duties
and procedures of the boards and commissions established to administer the
City’s Land Development Code.
J.
Article 11 - Development Plan Review Procedures:
This article sets forth the application and review procedures required of
projects for obtaining development orders.
K.
Article 12 - Permits:
This article sets forth the application and procedures required for obtaining
approvals to commence with specific components of a project such as
building construction, landscaping, parking and installation.
L.
Article 13 - Nonconforming Uses, Development, Land Use Change
(Rezoning), Variances and Special Exceptions:
This article provides the mechanisms for obtaining relief from the
provisions of this Code where hardship would otherwise occur.
M.
Article 14 - Administration and Enforcement:
This article describes the procedures to be followed in annexing land,
changing land use (rezoning), variances, special exceptions, final review of
development plans, and amending the Code or Comprehensive Plan,
appealing decisions, judicial review, and enforcement of permits, orders
and Code provisions.
N.
Article 15 - Buildings and Building Regulations:
This article sets forth the requirements that apply to the construction,
alteration, repair, equipping, use, occupancy, and demolition of buildings
in the City.
O.
Appendix A - Definitions Articles 1 through 15:
This appendix provides definitions of the various terms used throughout
Articles 1 through 15 of the Land Development Code.
1.06.00
INCORPORATION BY REFERENCE
The following documents are hereby incorporated by reference into this Code:
1.07.00
A.
The Future Land Use Map
B.
Future land uses as delineated in the comprehensive plan
C.
The Future Traffic Circulation Map
D.
The International Transportation Engineers (ITE) Manual (1985)
ORDINANCES NOT AFFECTED BY CODE
Nothing in this Code or the ordinance adopting this Code shall be construed to
repeal or otherwise affect the validity of any of the following when not inconsistent
with this Code:
A.
Any ordinance promising or guaranteeing the payment of money by the
City, or authorizing the issuance of any bonds by the City, or any evidence
of the City's indebtedness, or any contract, agreement, lease, deed or other
instrument or obligation assumed by the City:
B.
Any right or franchise, permit or other right granted by any ordinance:
C.
Any personnel regulations or any ordinance establishing salaries 01 city
officers and employees;
D.
Any ordinance dedicating, naming, establishing, locating, relocating,
opening, paving, widening, repairing or vacating any street, alley or other
public way in the city;
E.
Any ordinance establishing and prescribing the street grades in the city:
F.
Any appropriation ordinance or any ordinance imposing or levying taxes:
G.
Any ordinance providing for local improvements and assessing taxes
therefore
H.
Any ordinance dedicating or accepting a plat or subdivision:
I.
Any ordinance establishing the official plat of the City;
J.
Any ordinance annexing territory or excluding territory from the City:
K.
Any temporary or special ordinance;
L.
Any ordinance prescribing traffic and parking regulations for specific
streets and locations;
M.
Any provisions of Chapter 166, Florida Statutes.
All such ordinances are recognized as continuing in full force and effect.
1.08.00
AMENDMENTS TO THE CODE
A.
All ordinances passed subsequent to this Code which amend, repeal or in
any way affect this Code, may be numbered in accordance with the
numbering system of this Code and printed for inclusion therein. When
subsequent ordinances repeal any chapter, article, division, section or
subsection or any portion thereof, such repealed portions may be excluded
from the Code by omission from reprinted pages
B.
Amendments to any of the provisions of this Code may be made by
amending such provisions by specific reference to the section number of
this Code in substantially the following language: “That section
of
the Land Development Code, City of Lake Helen, Florida, is hereby
amended to read as follows: ...” The new provisions shall then be set out in
full as desired.
C.
If a new section not heretofore existing in the Code is to be added, the
following language may be used: “The Land Development Code, City of
Lake Helen, Florida, is hereby amended by adding a section to be
numbered, which section reads as follows: ....” The new section may then
be set out in full as desired.
D.
1.09.00
All sections, divisions, articles, chapters or provisions to be repealed must
be specifically repealed by section, division, article or chapter number, as
the case may be.
SUPPLEMENTATION OF THE CODE
A.
By contract or by City personnel, supplements to this Code shall be
prepared and printed whenever authorized or directed by the City
Commission. A supplement to the Code shall include all substantive
permanent and general parts of ordinances passed by the City Commission
or adopted by initiative and referendum during the period covered by the
supplement and all changes made in the Code, and shall also include all
amendments to the Charter during that period. The pages of a supplement
shall be numbered so that they fit properly into the Code and will, where
necessary, replace pages which have become obsolete or partially obsolete.
The new pages shall be prepared so that, when they have been inserted, the
Code will be current through the date of adoption of the latest ordinance
included in the supplement.
B.
In preparing a supplement to this Code, all portions of the Code which have
been repealed shall be excluded from the Code by their omission from
reprinted pages.
C.
When preparing a supplement to the Code, the codifier (meaning the
person, agency or organization authorized to prepare the supplement) may
make formal. Nonsubstantive changes in ordinances and parts of ordinances
included in the supplement, insofar as it is necessary to do so to embody
them into a unified code. For example, the codifier may:
1.
Organize the ordinance material into appropriate sections;
2.
Provide appropriate catch lines, headings and titles for sections and
other subdivisions of the Code printed in the supplement, and make
changes in such catch lines, heading and titles;
3.
Assign appropriate numbers to sections and other subdivisions to be
inserted in the Code and, where necessary to accommodate new
material, change existing section numbers;
4.
Change the words “this Code” or words of the same meaning to “this
chapter,” “this article.” “this section,” etc. as the case may be, or to
"sections to" (inserting section numbers to indicate the sections of
the Code which embody the substantive sections of the ordinance
incorporated into the Code): and
5.
1.10.00
Make other nonsubstantive changes necessary to preserve the
original meaning of ordinance sections inserted into the Code: but
in no case shall the codifier make any change in the meaning or
effect of ordinance material included in the supplement or already
embodied in the Code.
REPEAL OF PORTIONS OF THE CODE
The repeal of an ordinance shall not revive any ordinances in force before or at the
time the ordinance repealed look effect. The repeal of an ordinance shall not effect
any punishment or penalty incurred before the repeal took effect, nor any suit,
prosecution or proceeding pending at the time of repeal for an offense committed
under the ordinance repealed.
1.11.00
VIOLATIONS AND PENALTIES
1.11.01
Legislative Findings, Ordinance Number 2004-12
WHEREAS, the City Commission of the City of Lake Helen enacts
ordinances from time-to-time and codifies and amends the Code of Ordinances of
the City of Lake Helen from time-to-time and, in taking such actions, the City
Commission provides for penalties for the violation of the Code of Ordinances of
the City of Lake Helen and ordinances of the City; and
WHEREAS, under the provisions of Article VIII, Section 2 of the
Constitution of the State of Florida, as expressed in Attorney General Opinion
Number 81-76, dated October 13, 1981, and issued to the City Attorney of the City
of Vero Beach, the City possesses the broad home rule authority to adopt and
impose penalties for violations of the Code of Ordinances of the City of Lake Helen
and City ordinances; and
WHEREAS, under the provisions of Section 775.08(2) and (3), Florida
Statutes, the conviction for violation of a municipal ordinance is neither a
misdemeanor nor a noncriminal violation; and
WHEREAS, the provisions of Chapter 162, Florida Statutes, the City's code
enforcement hearing officer processes and procedures, common law legal remedies
available to the City, and other controlling applicable law provide the City with the
adequate ability to remedy violations and penalize individuals who may violate the
Code of Ordinances of the City of Lake Helen and the ordinances of the City; and
WHEREAS, the City Commission has determined, upon reviewing the
provisions of Senate Bill 2962, recently passed by the Florida Legislature during its
2004 Regular Legislative Session, and codified as Chapter 2004-265, Laws of
Florida, that the City will review and re-evaluate all of the provisions of the Code
of Ordinances of the City of Lake Helen and the ordinances of the City to ensure
that the City desires to provide for incarceration as an alternative means of
punishment for such violations, but, until that time, the City will rely upon the other
legal remedies available to the City under other provisions of controlling law; and
WHEREAS, the City Commission hereby directs City staff to evaluate the
provisions of the Code of Ordinances of the City of Lake Helen and the ordinances
of the City to determine which, if any, provisions should subject violators to the
potential penalty of incarceration.
(Ord. No., 2004-12; § 1, 8-4-2004)
1.11.02
General Penalty
A.
Penalties for Violation of the Code of Ordinances of the City of Lake Helen:
Violation of Ordinances/Administrative Costs.
1.
Any person violating any of the provisions of the Code of
Ordinances of the City of Lake Helen or any City ordinance shall be
punished with maximum civil penalty for a violation of up to five
hundred dollars ($500.00), as set forth in Section 162.09, Florida
Statutes, or its successor provision, or as may otherwise be permitted
by State law; provided, however, that the provisions of Subsection
6. of this section shall apply to such other provisions of State law.
2.
A civil penalty of less than the maximum civil penalty may be
assessed if the person who has committed the civil infraction does
not contest a citation.
3.
In lieu of a civil penalty or in addition to a civil penalty, the Court
may order the violator to perform public service.
4.
Any person who willfully refuses to sign and accept a citation issued
by a code enforcement officer shall be guilty of a misdemeanor of
the second degree, punishable as provided in Section 775.082,
Florida Statutes, or Section 775.083, Florida Statutes.
5.
The City may engage in any other code enforcement activities and
processes, as it deems appropriate under the circumstances
including, but not limited to, enforcement in a court of competent
jurisdiction pursuing any legal remedy available to the City.
6.
Unless a provision of the Code of Ordinances of the City of Lake
Helen or a City ordinance, enacted subsequent to August 4, 2004,
provides to the contrary, no violation of the Code of Ordinances of
the City of Lake Helen or a City ordinance shall subject a violator to
incarceration.
7.
During the course of the City's code enforcement activities, the City
shall account for the costs of code enforcement pertaining to each
particular case including, but not limited to, administrative costs. All
costs so charged may be assessed against the code violator and shall
constitute a lien upon the property of the code violator, said lien may
be filed in the public/official records of any county, and may be
assessed and collected in accordance with the provisions of law.
B.
In addition to the penalties provided herein, any condition caused or
permitted to exist in violation of any of the provisions of this Code or any
ordinance shall be deemed a public nuisance and may be abated by the City
as provided by law. Each day that such condition continues shall be
regarded as a new and separate offense.
(Ord. No., 2004-12; § 2, 8-4-2004)
1.11.03
Prior Offenses
Nothing in this Code or the ordinance adopting the Code shall affect any offense
or act committed or done, or any penalty or forfeiture incurred, or any contract or
right established or accruing, before the effective date of this Code.
1.12.00
ABROGATION
This Land Development Code is not intended to repeal, abrogate or interfere with
any existing casements, covenants, or deed restrictions duly recorded in the public
records of the City.
1.13.00
SEVERABILITY
It is hereby declared to be the intention of the City that the sections, paragraphs,
sentences, clauses and phrases of this Code are severable, and if any phrase, clause,
sentence, paragraph or section of this Code is declared unconstitutional by the valid
judgment or decree of a court of competent jurisdiction, such unconstitutionality
shall not affect the remainder of the Code.
1.14.00
EFFECTIVE DATE
These regulations shall be effective on July 21, 1994.
ARTICLE 2
LAND USE
2.00.00
PURPOSE
2.00.01
Legislative Findings, Ordinance Number 2004-13
2.00.02
Legislative findings, Ordinance Number 2012-01
2.01.00
LAND USE DISTRICTS/ZONING CLASSIFICATIONS
2.01.01
General
2.02.00
USES ALLOWED IN DISTRICTS
2.02.01
General
2.02.02
Types of Uses
ARTICLE 21
LAND USE
2.00.00
PURPOSE
This Article describes the specific uses and restrictions which apply to the land use
districts adopted as part of the Future Land Use Element of the City of Lake Helen
Comprehensive Plan. These regulations are intended to ensure that the development
and use of property is in conformance with the goals, objectives and policies of the
Comprehensive Plan.
2.00.01
Legislative Findings, Ordinance Number 2004-13
WHEREAS, the issue of manufactured buildings versus manufactured
housing has been identified by the Florida Department of Community Affairs
(FDCA) as one of the biggest problems in the automated construction industry, but
State law, however, provides a clear distinction between manufactured housing
(which are also referred to as mobile homes) and manufactured buildings (also
referred to as modular construction) both of which may function as residential
dwellings; and
WHEREAS, the surest and quickest way to distinguish between the two
types of structures is by the type of seal or insignia that the unit bears; and
WHEREAS, manufactured housing (mobile homes) are required to satisfy
the National Mobile Homes Construction and Safety Standards promulgated by
United States Department of Housing and Urban Development (HUD), this
program is administered in Florida by the Department of Highway Safety and Motor
Vehicles (DHSMV) and is not affiliated with the Manufactured Buildings Program
and these buildings will contain a 2" x 4" metal rectangular red certification label
located on the rear roadside corner of each module signifying approval by the
DHSMV; and
WHEREAS, manufactured buildings are approved by the Florida Building
Commission FDCA and contain a 4" x 5" heavy foil insignia generally located on
or near the electrical panel. A wall component, room addition, bath or kitchen core
bears an additional foil insignia as promulgated by the FDCA; and
WHEREAS, manufactured housing (mobile homes) are constructed in
accordance with standards promulgated by the HUD and must be transported as a
vehicle and local governments determine where mobile homes may be installed in
accordance with zoning laws and other land development regulations; and
1
(Ord. No. 2012-01; 6-14-2012)
WHEREAS, Florida's Factory Built Housing Act (FBHA) defines the term
“manufactured building” as set forth at Section 553.36(12), Florida Statutes, and
specifically includes residential structures and reads as follows:
“ . . . a closed structure, building assembly, or system of subassemblies,
which may include structural, electrical, plumbing, heating, ventilating, or
other service systems manufactured in manufacturing facilities for
installation or erection as a finished building or as part of a finished building,
which shall include, but not be limited to, residential, commercial,
institutional, storage, and industrial structures. The term includes buildings
not intended for human habitation such as lawn storage buildings and
storage sheds manufactured and assembled offsite by a manufacturer
certified in conformance with this part. This part does not apply to mobile
homes.” (Emphasis added.); and
WHEREAS, Section 553.37(3), Florida Statutes, provides that “[a]ll
manufactured buildings issued and bearing insignia of approval pursuant to
subsection (2) shall be deemed to comply with the Florida Building Code and are
exempt from local amendments enacted by any local government” and Section
553.37(5), Florida Statutes, provides that [m]anufactured buildings which have
been issued and bear the insignia of approval pursuant to this part upon manufacture
or first sale shall not require an additional approval or insignia by a local
government in which they are subsequently sold or installed”; and
WHEREAS, Section 553.37(8), Florida Statutes, prescribes the powers of
local governments relative to manufactured buildings in stating that:
“The department (FDCA) shall enforce every provision of the Florida
Building Code adopted pursuant hereto, except that local land use and
zoning requirements, fire zones, building setback requirements, side and
rear yard requirements, site development requirements, property line
requirements, subdivision control, and onsite installation requirements, as
well as the review and regulation of architectural and aesthetic
requirements, are specifically and entirely reserved to local authorities. Such
local requirements and rules which may be enacted by local authorities must
be reasonable and uniformly applied and enforced without any distinction
as to whether a building is a conventionally constructed or manufactured
building. A local government shall require permit fees only for those
inspections actually performed by the local government for the installation
of a factory-built structure. Such fees shall be equal to the amount charged
for similar inspections on conventionally built housing.” (Emphasis
supplied).
(Whereas, Ord. No. 2004-13; 9-2-2004)
2.00.02
Legislative findings, Ordinance Number 2012-01
WHEREAS, the City Commission of the City of Lake Helen adopted, as
Ordinance 2004-06, an amended Future Land Use Element (complete rewrite) of
the City of Lake Helen Comprehensive Plan on May 23, 2005; and
WHEREAS, the City Commission adopted, as Ordinance 2007-09,
subsequent amendments to the Future Land Use Element of the City of Lake Helen
Comprehensive Plan on December 8, 2011; and
WHEREAS, said Future Land Use Element amendments must be
incorporated into the City's land development regulations, which are incorporated
within the City of Lake Helen Code of Ordinances, in order to maintain consistency
between the City's Comprehensive Plan and its land development regulations; and
WHEREAS, it significant number or the Future Land Use Element
amendments enacted by the adoption of Ordinances 2004-06 and 2007-09 relate
directly to the regulations contained in Article 2, Land Use, of the City's land
development regulations: and
WHEREAS, it is therefore necessary to amend Article 2 of the City of Lake
Helen Code of Ordinances in order to maintain consistency between the City's
Comprehensive Plan and the City's land development regulations.
(Whereas, Ord. No. 2012-01; §1, 6-14-2012)
2.01.00
LAND USE DISTRICTS/ZONING CLASSIFICATIONS
2.01.01
General
The Future Land Use Element of the Comprehensive Plan establishes land use
districts and depicts said districts on a Future Land Use Map. The land use districts
serve as, and as such are the same as, the City's zoning classifications. Said districts
and classifications shall be the determinants of all permissible activities on any
parcel of land within the City. The boundaries of the Future Land Use Districts
depicted on the Future Land Use Map are graphic representations of the location of
future land use districts/zoning classifications and, because of map scale and other
factors, may not be a finite indication of where one district stops and another starts.
For interpretation purposes, boundaries depicted on the map shall be considered to
be flexible to the extent necessary to protect the environment, to accommodate
property lines and property ownership, casements and rights-of-way, and to allow
for a logical extension of boundaries based upon major physical or man-made
features. Where uncertainty exists as to boundaries of any district shown upon said
map the following rules shall apply:
A.
District boundaries follow lot/parcel lines; where a district boundary is
depicted on the Future Land Use Map as including any portion or a street or
alley, such depiction reflects a graphic margin of error rather than an actual
district boundary.
B.
District boundaries follow whole lot/parcel lines: where a district boundary
is depicted on the Future Land Use Map as dividing a lot/parcel, such
depiction reflects a graphic margin of error rather than an actual district
boundary.
C.
Where further uncertainty exists in the location of a district boundary, the
City Commission shall interpret the intent of the location such boundary.
2.02.00
USES ALLOWED IN DISTRICTS
2.02.01
General
This section defines and prescribes the specific uses allowed, allowed through
special exception approval, or prohibited within each land use district described in
the Future Land Use Element of the Comprehensive Plan and identified in this
Code. Applications to include uses that are similar in character, but not specifically
enumerated in the Article, shall be reviewed by the Planning and Land
Development Commission and the City Commission, which after finding as a fact
that said use or uses are consistent with the intent of the land use district and public
interest, shall be permitted within the appropriate district.
2.02.02
Types of Uses
A.
Residential Land Use Districts
1.
Single-Family Residential - 1 du/1 ¼ ac. (R1) - This land use district
provides for single-family dwelling units (and one accessory
dwelling unit) at a maximum density of one (l) unit to 1 1/4 acres.
This district provides for suburban development immediately
outside the City's central developed core and is transitional to the
RR land use district. The minimum living area square footage for a
single-family residence in the R-1 land use district is 2000 square
feet.
Specifically Permitted Uses
(1)
Single-family dwellings and their permitted accessory uses,
including one accessory dwelling unit per principal dwelling
unit
(2)
Home occupations, in accordance with the home occupation
provisions of this Code
(3)
Public facilities owned by the City
(4)
Agricultural, silvicultural and equestrian uses that do not
create conditions that are incompatible with neighboring
residential uses
Uses Permitted By Special Exception Approval
(1)
2.
Public schools as planned developments
Single-Family Residential - 2 du/ac. (R2) - This land use district
provides for single-family dwelling units (and one accessory
dwelling unit) at a maximum density of two (2) units to the acre.
This district is located primarily around Lake Macy and Lake Helen
Lake and on the west side of the City and provides for larger lot
residential development immediately adjacent to the City's most
densely developed residential core. The minimum living area square
footage for a single-family residence in the R-2 land use district is
1850 square feet, unless, when considering the construction of an
infill residence on a nonconforming buildable lot of less than onethird acre in size, the City Commission determines that the
construction of a residence smaller than 1850 square feet is not
adverse to the public health, safety and welfare of the City, and will
serve to meet the costs of infrastructure
and City services.
When making said determination, factors to be considered include
lot size, lot width, and depth, size of adjacent residences, and type
of residence proposed for construction. Residences permitted to be
constructed at less than the minimum square footage required for the
land use district in which the residence will be located shall conform
to a historical architectural style approved by the City Commission.
Specifically Permitted Uses
(1)
Single-family dwelling units and their permitted accessory
uses, including one accessory dwelling unit per principal
dwelling unit
(2)
Home occupations, in accordance with the home occupation
provisions of this Code
(3)
Public facilities owned by the City
(4)
Agricultural, silvicultural and equestrian uses that do not
create conditions that are incompatible with neighboring
residential uses
USGS Permitted By Special Exception Approval
(1)
3.
Public schools as planned developments
Single-Family Residential - 3 du/ac. (R3) - This land use district
provides for single-family dwelling units (and one accessory
dwelling unit) at a maximum density of three (3) units to the acre.
This district is the City’s central residential core. The minimum
living area square footage for a single-family residence in the R-3
land use district is 1750 square feet unless, when considering the
construction of an infill residence on a nonconforming buildable lot
of less than one-third acre in size, the City Commission determines
that the construction of a residence smaller than 1750 square feet is
not adverse to the public health, safety and welfare of the City, and
will serve to meet the costs of infrastructure and City services. When
making said determination, factors to be considered include lot size,
lot width, and depth, size of adjacent residences, and type of
residence proposed for construction. Residences permitted to be
constructed at less than the minimum square footage required for the
land use district in which the residence will be located shall conform
to a historical architectural style approved by the City Commission.
Specifically Permitted Uses
(1)
Single-family dwelling units and their permitted accessory
uses, including one accessory dwelling unit per principal
dwelling unit
(2)
Home occupations, as permitted
(3)
Public facilities owned by the City
(4)
House of worship sanctuaries and administrative offices
(5)
Agricultural, silvicultural and equestrian uses that do not
create conditions that are incompatible with neighboring
residential uses
Uses Permitted By Special Exception Approval
(1)
Public schools as planned developments
(2)
House of worship accessory uses
(3)
Bed and Breakfast uses located in homes that have been
designated as historic homes in the Lake Helen Historic
District
(4)
Child daycare and adult day care facilities
4.
Single-Family Residential - 1 du/2 1-2 ac. (RR) - This land use
district provides for single-family dwelling units (and one accessory
dwelling unit) at a maximum density of one (l) unit to 2 acres in a
rural residential setting, and provides for a transition from the R-1 to
RE land use district on the eastern periphery of the City and
establishes a residential greenbelt in other peripheral areas of the
city. The minimum living area square footage for a single-family
residence in the RR land use district is 2150 square feet.
Specifically Permitted Uses
(1)
Single-family dwellings and their permitted accessory uses,
including one accessory dwelling unit per principal dwelling
unit
(2)
Home occupations, as permitted
(3)
Public facilities owned by the City
(4)
House of worship sanctuaries and administrative offices
(5)
Agricultural, silvicultural and equestrian uses that do not
create conditions that are incompatible with neighboring
residential uses
Uses Permitted By Special Exception Approval
5.
(1)
Public schools as planned developments
(2)
House of worship accessory uses
(3)
Child daycare and adult day care facilities
Single-Family Residential - 1 du/5 ac. (RE) - This land use district
provides for single-family dwelling units (and one accessory
dwelling unit) at a maximum density of one (1) unit to 5 acres in a
rural estate setting and provides a greenbelt on the City’s eastern
periphery. The minimum living area square footage for a singlefamily residence in the RE land use district is 2300 square feet.
Specifically Permitted Uses
(1)
Single-family dwellings and their permitted accessory uses,
including one accessory dwelling unit per principal dwelling
unit
(2)
Home occupations, as permitted
(3)
Public facilities owned by the City
(4)
House of worship sanctuaries and administrative offices
(5)
Agricultural, silvicultural and equestrian uses that do not
create conditions that are incompatible with neighboring
residential uses
Uses Permitted By Special Exception Approval
6.
(1)
Public schools as planned developments
(2)
House of worship accessory uses
(3)
Child daycare and adult day care facilities
Residential Manufactured Housing/Manufactured Building
Community (RM) - This land use district provides for single-family
manufactured housing and single-family manufactured buildings
located within a planned development, with design standards as set
forth in the City's land development regulations, at a maximum
density of six (6) units to the acre, and located within the immediate
vicinity of the City's established mobile home community. The
minimum living area square footage for single-family residences in
the RM land use district shall be 1000 square feet.
Specifically Permitted Uses
(l)
Single-family manufactured housing dwellings and their
permitted accessory uses, when located within a planned
manufactured housing residential development
(2)
Single-family manufactured building dwellings and their
permitted accessory uses, when located within a planned
manufactured building residential development
(3)
Community centers, club houses and similar uses integral to
and supporting, the planned residential development
(4)
Home occupations, as permitted
(5)
Public facilities owned by the City
(6)
House of worship sanctuaries and administrative offices
B.
Commercial Land Use Districts
1.
Downtown Commercial (DC) - This land use district is established
to provide all area for a co-located mixture of single family, limited
scale multi-family, and diverse retail, personal service and
professional service commercial uses, located as an individual unit,
or as multiple units in a "campus-like" manner as a planned
development consistent with sound and generally accepted land
use planning principles, in a centralized downtown setting. The
district is designed to provide for the general retail and service
needs of the community in a setting that is pedestrian oriented and
aesthetically and functionally compatible with residential land uses
that are located within, and adjacent to, the district. Residential land
uses located on lots that front on, or abut, Lakeview Drive, Ohio
Avenue and Macy Avenue shall be restricted to single-family homes
or to residences located above the ground floor of a permitted
non-residential land use. The maximum square footage for an
individual commercial or residential building in the DC land use
district is 5000 square feet. The minimum living area square footage
for a non-single family residential unit in the DC land use district is
1000 square feet. The minimum living area square footage for a
single-family residence in the DC land use district is 1200 square
feet. The maximum floor area ratio in the DC land use district is .50.
Specifically Permitted Uses
(l)
Art, antique, gift, china, glassware, watch, jewelry,
confections, florist, clothing, books, publications, and
similar retail stores and specialty shops
(2)
Electronics, computers, household appliance, and similar
hard goods sales stores, with servicing and repair of such
products permitted as an accessory use within a fully
enclosed structure
(3)
Bicycle, equestrian, track and pedestrian and sporting goods
retail stores and specialty shops, with servicing and repair of
products permitted as an accessory use within a fully
enclosed structure
(4)
Office and paper goods supply stores
(5)
Art, photography, music, dance, and similar supply stores
(6)
Art, photography, dance, and music instruction studios
(7)
Clothes tailoring and alteration, shoe repair, and similar
personal service shops
(8)
Restaurants, coffee shops, cafes, ice cream parlors,
delicatessens, and similar establishments providing food and
beverages in a "sit-down" setting
(9)
Taverns and lounges, as either stand-alone facilities or
restaurant accessory uses
(10)
Wine, beer and liquor stores selling such products for off
premises consumption
(11)
Grocery, produce market, meat market, baked goods market,
and similar food supply establishments
(12)
Drug store, pharmacy and tobacco shop
(13)
Financial, insurance, and investment institutions and offices
(14)
Real estate acquisition and sales, construction contracting,
accounting, financial planning, engineering, surveying,
planning, architecture, site and structure design, interior
decoration and design, legal and similar office uses
(15)
Hardware, home supply, home decorating and paint stores
(16)
Beauty and hair styling salons and barber shops
(17)
Museums, art galleries, theaters
(18)
Public facilities owned by the City
(19)
Establishments offering rides by carriage, where no animals
are kept overnight on premises
(20)
Laundry and dry cleaning establishments, where no cleaning
or pressing of goods is conducted on premises
(21)
Child day care facilities
(22)
Exercise facilities and health spas
(23)
School tutoring and instruction facilities
(24)
Home occupations, as permitted
(25)
House of worship sanctuaries and administrative offices
(26)
Bed and Breakfast establishments
(27)
Single-family, two-family and multi-family (containing no
more than 5 dwelling units) dwellings
Uses Permitted By Special Exception Approval
(1)
Medical and dental clinics
(2)
Vehicle detailing conducted in a fully enclosed structure
(3)
Vehicle audio/video equipment sales, servicing and
installation in a fully enclosed structure
(4)
House of worship accessory uses
(5)
Other uses that can be conducted in a fully enclosed building,
and can demonstrate, to the City’s satisfaction, the ability,
through design and operational standards, to be compatible
with residential land uses.
Specifically Prohibited Uses
2.
(1)
Any use that may be considered to cause objectionable noise,
fumes, vibrations, dust or odor
(2)
Any use requiring outside storage
(3)
Any use unable to be conducted in a fully enclosed structure
(4)
Any use requiring drive-through facilities
(5)
Pawn shops, convenience stores, fuel dispensing facilities
(other than public facilities owned by the City), tattoo and/or
body piercing establishments
Neighborhood Commercial (NC) - This land use district provides
for specialized convenience store and fuel dispensing commercial
uses in two separate locations in the city so that such convenience
services can be provided individually to neighborhoods in the
northern half and the southern half of the City. Limited
neighborhood personal and professional services commercial uses
may also be located with this district. The NC land use district is
established to provide limited commercial services that serve
neighborhood needs without conflicting with residential
neighborhood character, or being an attractant for traffic outside the
neighborhood. The maximum size of all individual commercial
structure in the NC land use district is 3500 square feet and structures
shall reflect a residential character in appearance. The maximum
floor area ratio in the NC land use district is .30
Specifically Permitted Uses
(1)
Convenience stores, with or without fuel dispensing
facilities, where no vehicle servicing is performed on
premises and where the maximum number of fuel dispensing
pump/nozzle combinations does not exceed four (4) for
gasoline and one (1) each for kerosene and diesel fuels:
provided, however that no non-public-owned
fuel
dispensing facility shall be located within one thousand feet
(1000') of another non-public-owned fuel dispensing facility.
(2)
Beauty and hairstyling salons and barber shops
(3)
Professional offices
(4)
Public facilities owned by the City
Uses Permitted By Special Exception Approval
(1)
Vehicle detailing conducted in a fully enclosed structure
Specifically Prohibited Uses
3.
(l)
Any use specifically prohibited in the DC land use district
(2)
Any retail sales use, other than convenience stores
(3)
Fuel dispensing facilities that are not integrated with
convenience stores
(4)
Any use generating more traffic than a neighborhood
convenience store
Transitional Commercial (TC) - This land use district provides for
a limited variety of non-retail commercial uses, such as financial
institutions, professional offices, adult congregate living
facilities, child care facilities, local service area eco-tourism
transport services, medical and dental clinics, multi-family dwelling
units, light manufacturing, inside storage and contractor facilities
located as an individual structure, or as multiple structures in a
"campus-like" setting as a planned development consistent with
sound and generally accepted land use planning principles, that can
be designed and operated to be aesthetically and functionally
compatible with the residential neighborhoods to which they are
adjacent. This land use district serves as a transitional buffer
between residential land uses on the west side of the City and
commercial land uses located adjacent to the cast side of the I-4
interchange (in the Interstate Commercial Land Use District) that
may be larger in size, generate large vehicle (tractor-trailer
transport) traffic, have outside storage, or exhibit other
characteristics that could be considered to be incompatible with
residential neighborhoods. The maximum size of an individual
commercial building in the TC land use district is 12,000 square feet
and structures shall reflect a residential character in appearance. The
maximum floor area ratio in the TC land use district is .35.
Specifically Permitted Uses
(1)
Financial, insurance, and investment institutions and offices
located individually or in a "campus-like" setting as a
planned development consistent with sound and generally
accepted land use planning principles and practices
(2)
Real estate acquisition and sales, construction contracting,
accounting, financial planning, engineering, surveying,
planning, architecture, site and structure design, interior
decoration and design, legal and similar office uses, located
individually or in a "campus-like" setting as a planned
development consistent with sound and generally accepted
land use planning principles and practices
(3)
Beauty and hair styling salons and barber shops
(4)
Laundry and dry cleaning establishments, where no cleaning
or pressing of goods is conducted on premises
(5)
Eco-tourism transport services utilizing historic, or historicreplica vehicles to convey passengers in the immediate
vicinity of the City
(6)
Light manufacturing, contractor facilities and mini-storage
and warehousing, in fully enclosed structures (except where
storage is required by law to be outside a structure,
whereupon such storage shall be fully screened from view),
located individually or in a "campus-like" setting as a
planned development consistent with sound and generally
accepted land use planning principles and practices
(7)
Multi-family development with up to five dwelling units
located as a single structure, or as multiple structures in a
“campus-like “setting as a planned development consistent
with sound and generally accepted land use planning
principles and practices
(8)
Public facilities owned by the City
Cases Permitted By Special Exception Approval
(1)
Specifically permitted uses listed above that require drivethrough facilities
(2)
Self-service laundry
(3)
Child day care, nursery, and kindergarten facilities
(4)
Adult congregate living facilities
(5)
Adult day care facilities
(6)
School tutoring and instruction facilities
(7)
Medical and dental clinics
(8)
Clubs and fraternal organizations, where alcohol is not
consumed on premises
(9)
Other uses that call be conducted in a fully enclosed building,
and can demonstrate, to the City's satisfaction, the ability,
through design and operational standards, to be compatible
with residential land uses.
Specifically Prohibited Uses
(l)
Any retail sales use
(2)
Any use that may be considered to cause objectionable noise,
fumes, vibrations, dust or odor
(3)
Any use requiring outside storage, except as provided for by
law
(4)
Any use unable to be conducted in a fully enclosed structure
(5)
Pawn shops, convenience stores, fuel dispensing facilities
(other than public facilities owned by the City), tattoo and/or
body piercing establishments
4.
Interstate Commercial (LC) - This land use district provides for a
variety of non-retail, low traffic intensity commercial uses, such as
warehousing and storage, small light manufacturing facilities,
construction and trades contractors facilities that, because of the land
use district's unique location in close proximity to both the east side
of the I-4 interchange and adjacent residential neighborhoods, must
be flexible enough to take advantage of the interchange location yet
not disrupt the residential character of the area. The maximum size
of an individual commercial building in the IC land use district is
25,000 square feet. The maximum floor area ratio in the IC land use
district is .40.
Specifically Permitted Uses
(1)
Light manufacturing
(2)
Vehicle paint and body shops and vehicle repair facilities
(3)
Construction trades offices and operations yards
(4)
Home and business care/maintenance offices and operations
yards
(5)
Mini-storage and warehousing facilities
(6)
Professional offices
Uses Permitted By Special Exception Approval
(1)
Other uses that can be conducted in a Cully enclosed
building, and which can demonstrate, to the City's
satisfaction, the ability, through design and operational
standards, to be compatible with Transitional Commercial
(TC) land uses and with residential land uses.
Specifically Prohibited Uses
5.
(1)
Any retail sales use
(2)
Pawn shops, convenience stores, fuel dispensing facilities
(other than public facilities owned by the City), tattoo and/or
body piercing establishments
Employment Center/Workplace (EC) - This land use district
provides for large traffic generating employment center/workplace
land uses, and appropriate supporting land uses, that are
incorporated into a planned development located on the west side of
the I-4 Interchange. Such development shall be governed by the June
1999 Victoria Park DR1 Development Order, or any future
amendments thereto
Specifically Permitted Uses
6.
(l)
Professional offices, corporate offices, hotels/motels and
other appropriate supporting land uses which are
incorporated into a planned development, consistent with the
provisions of the Victoria Park Development Order
(2)
Public facilities owned or approved by the City
Redevelopment Commercial Overlay (RCO) - This land use district
is an overlay district that encompasses the approximate 26-acre
"Pyramax Studios" property that is located south of Ohio Avenue in
the south central downtown area of the City. The underlying land
use district classification for the "Pyramax Studios" property is
Downtown Commercial
(DC). The creation of the RCO land
use overlay district recognizes
the special features of the
"Pyramax Studios" property as well as the need for thoughtful future
redevelopment of the property to insure that usage of the property is
an enhancement, rather than an impediment, to economic
development in the downtown area, and that such redevelopment is
compatible with, or transitional to, other permitted Downtown
Commercial land uses.
Existing uses of the property shall be deemed conforming uses upon
execution of, and compliance with, a Development Order outlining
actions to be taken to make physical improvements to the property
that would result in further compliance with the City's Gateway
Corridor Standards. Existing structures on the property may be used
for any permitted use in the Downtown Commercial District in
accordance with the Land Development Regulations. Any future
redevelopment of the property shall be as a planned development
and the determination of appropriate land uses, densities and
intensities shall be made as part of the planned development process,
consistent with requirements for compatibility with, or transition to,
other Downtown Commercial land uses.
Specifically Permitted Uses
(1)
Uses that are permitted by the City as a planned development
for the redevelopment of the “Pyramax Studios" property.
Such uses shall, at a minimum, be transitional to and
compatible with, or consistent with the uses permitted in the
Downtown Commercial (DC) Land Use District.
(2)
Any use permitted in the Downtown Commercial (DC) Land
Use District
(3)
Land uses currently existing on the "Pyramax Studios"
property upon execution of, and compliance with, a
Development Order specifying actions to be taken to make
physical improvements to the property that shall result in
furthering compliance of the property with the City's
Gateway Corridor Standards
Uses Permitted By Special Exception Approval
(1)
Any use permitted by special exception approval in the
Downtown Commercial (DC) Land Use District
Specifically Prohibited Uses
(1)
7.
Any use specifically prohibited in the Downtown
Commercial (DC) Land Use District
Light Industrial Overlay (LIO) - This land use district is an overlay
district that encompasses lands, in the City's downtown area, on
High and Pleasant Streets, Orange Avenue and on the south side of
Ohio Avenue that have historically been, and currently are, the
location of uses that would generally be considered to be inclusive
of light industrial uses, such as automobile repair garages,
contractor's yards, light manufacturing, storage and other similar
uses. Existing uses of property, in place and operating on May 10,
2005, located within the LIO Overlay District shall be deemed as
lawful conforming uses. However, the status of these properties as
conforming uses shall be subject to lapsing if improvements to the
parcels on which the uses are located are not accomplished by the
dates set forth below. Required improvements to the parcels shall
be: (a) the screening of outdoor storage, by May 31, 2006; and (b)
signage conformance, by November 30, 2005, as prescribed in the
City's Gateway Corridor Standards Ordinance.
Because the properties in the LIO Overlay District are located in the
immediate vicinity of the City’s historical downtown area, and
because it is expected that the area will become less light industrial
in nature as economic forces shift in the future, the underlying land
use district for the LIO district shall be Downtown Commercial
(DC). As such, properties located within the LIO Overlay District
shall be able to be used for the full range of permitted uses in the
Downtown Commercial District, but shall also be able to be used for
mini-storage and warehousing, light manufacturing, contractor
facilities and other uses that currently exist in the district. Maximum
building sizes and floor area ratios in the LIO Overlay District shall
be consistent with those established for the Downtown Commercial
District.
Specifically Permitted Uses
(1)
Existing uses of property, in place and operating on May 10,
2005, located within the LIO Overlay District shall be
deemed as lawful conforming uses. However, the status of
these properties as conforming uses shall be subject to
lapsing if improvements to the parcels on which the uses are
located are not accomplished by the dates set forth below.
Required improvements to the parcels shall be: (a) the
screening of outdoor storage, by May 31, 2006; and (b)
signage conformance, by November 30, 2005, as prescribed
in the City’s Gateway Corridor Standards Ordinance.
(2)
Any use permitted in the Downtown Commercial (DC) Land
Use District
Uses Permitted By Special Exception Approval
(1)
Any use permitted by Special Exception approval in the
Downtown Commercial (DC) Land Use District
(2)
Combination automobile repair garage/service station
having no more than two (2) gas/diesel pumps with no more
than two (2) fuel dispensing nozzles per pump, so long as the
automobile repair garage/service station is constructed on the
premises of, or is a renovation of, an automobile repair
garage that is in place and operating on Ohio Avenue on May
10, 2004, and so long as: (a) said construction or renovation
is representative, in architectural style, of a pre-WWII frame
vernacular-style service station, and said architectural design
is approved by the City Commission; (b) the site on which
the automobile repair garage/service station is constructed,
or renovated from an existing structure, is brought into full
compliance with the City's Gateway Corridor regulations,
and said site design is approved by the City Commission; and
(c) a complete application for development review for the
automobile repair garage/service station is submitted to the
City by July 1, 2007.
Specifically Prohibited Uses
C.
(1)
Any use that may be considered to cause objectionable noise,
fumes, vibrations, dust or odor
(2)
Any use requiring outside storage, except as provided for as
Specifically Permitted Uses in the LIO Land Use District
(3)
Any use unable to be conducted in a fully enclosed structure,
except as provided for as Specifically Permitted Uses in the
LIO Land Use District
(4)
Any use requiring drive-through facilities
(5)
Pawn shops, convenience stores, fuel dispensing facilities
(other than public facilities owned by the City), tattoo and/or
body piercing establishments
Public Lands and Institutions Land Use District
This land use district provides for those lands, and uses of land, that are
governmentally owned or operated and may include fire stations, schools,
police stations, public works and utilities facilities, libraries, post offices,
administrative centers, recreational facilities and similar properties. Public
land use densities and intensities shall be consistent with the land use
districts to which the public uses are adjacent (.30 - .50 FAR, depending
upon adjacent land use FAR).
Specifically Permitted Uses
(1)
D.
Public facilities, public parks and public open space
Conservation and Natural Resources Land Use District
This land use district provides for public and private uses of land that require
preservation and conservation of natural resources. Typically, such lands
would include wetlands, water bodies, conservation corridors and
easements, wildlife refuges, lake and wetland protection and buffer areas
and similar properties. Because of the limited ability to accurately depict the
exact locations of lands within the Conservation Land Use District, the
depictions of such lands on the Future Land Use Map are considered to be
illustrative and exact locations shall be determined by field survey, or other
scientific means, at time of development or use. Property depicted on the
Future Land Use Map as having a CS designation, but subsequently
determined not to meet criteria for inclusion in the CS land use district shall
be assigned the land use designation that is determined to be most
appropriate for the location in which the property is located.
Specifically Permitted Uses
(1)
Scenic, wildlife, historic, environmental, and scientific
preserves
(2)
Catwalks, docks and trail bridges constructed of wood or
City approved recycled materials
(3)
Public facilities owned or approved by the City
ARTICLE 3
RESOURCE PROTECTION STANDARDS
3.00.00
PURPOSE
3.01.00
TREES
3.01.01
Protection and Retention of Trees
3.01.02
Exemptions
3.01.03
Removal of Trees
3.01.04
Protection of Trees during Development Activities
3.01.05
Special Provisions For Protection of Canopy Roads
3.01.06
Preservation of Historic or Specimen Trees As Grounds for Variance from Other
Requirements of This Code
3.01.07
Purpose
3.01.08
Establishment of Tree Protection and Maintenance Responsibilities
3.02.00
ENVIRONMENTALL Y SENSITIVE LANDS
3.02.01
General Provisions
3.02.02
Wetland Protection Areas
3.02.03
Wetland Buffer Areas
3.02.04
Lake Protection Areas
3.02.05
Findings / Legislative Intent, Ordinance Number 2004-03
3.02.06
Permit Fees
3.02.07
Penalties and Violations
3.03.00
GROUNDWATER AND WELLHEADS
3.03.01
Purpose and Intent
3.03.02
Restrictions on Development
3.04.00
HABITAT OF ENDANGERED OR THREATENED SPECIES
3.04.01
General
3.04.02
Habitat Protection Standards
3.05.00
REGULATION OF WATER USAGE
3.05.01
Legislative Findings/Water Use Regulations
3.05.02
Definitions
3.05.03
Penalty
3.05.04
Variances
3.05.05
Declaration of Water Shortage
3.05.06
Levels of Water Conservation and Water Shortage
3.05.07
General Restrictions on Water Use
3.05.08
Reference to Certain District Rules
3.05.09
Exemptions
ARTICLE 3A
FLOODPLAINS
3.06.00
FLOODPLAINS - GENERAL
3.06.01
Recitals (Whereas Clauses, Ordinance Number 2013-02)
3.07.00
ADMINISTRATION
3.07.01.00
General
3.07.01.01
Title
3.07.01.02
Scope
3.07.01.03
Intent.
3.07.01.04
Coordination with the Florida Building Code
3.07.01.05
Warning
3.07.01.06
Disclaimer of Liability
3.07.02.00
Applicability
3.07.02.01
General
3.07.02.02
Areas to which this ordinance applies
3.07.02.03.00 Basis for establishing flood hazard areas
3.07.02.03.01 Submission of additional data to establish flood hazard areas
3.07.02.04
Other laws
3.07.02.05
Abrogation and greater restrictions
3.07.02.06
Interpretation
3.07.03.00
Duties and Powers of the Floodplain Administrator
3.07.03.01
Designation
3.07.03.02
General
3.07.03.03
Applications and permits
3.07.03.04
Substantial improvement and substantial damage determinations
3.07.03.05
Modifications of the strict application of the requirements of the Florida Building
Code
3.07.03.06
Notices and orders
3.07.03.07
Inspections
3.07.03.08
Other duties of the Floodplain Administrator
3.07.03.09
Floodplain management records
3.07.04.00
Permits
3.07.04.01
Permits required
3.07.04.02.00 Floodplain development permits or approvals
3.07.04.02.01 Buildings, structures and facilities exempt from the Florida Building Code
3.07.04.03
Application for a permit or approval
3.07.04.04
Validity of permit or approval
3.07.04.05
Expiration
3.07.04.06
Suspension or revocation
3.07.04.07
Other permits required
3.07.05.00
Site Plans and Construction Documents
3.07.05.01
Information for development in flood hazard areas
3.07.05.02
Information in flood hazard areas without base flood elevations (approximate
Zone A)
3.07.05.03
Additional analyses and certifications
3.07.05.04
Submission of additional data
3.07.06.00
Inspections
3.07.06.01.00 General
3.07.06.01.01 Development other than buildings and structures
3.07.06.01.02 Buildings, structures and facilities exempt from the Florida Building Code
3.07.06.01.03 Manufactured homes
3.07.07.00
Variances and Appeals
3.07.07.01
General
3.07.07.02
Appeals
3.07.07.03.00 Limitations on authority to grant variances
3.07.07.03.01 Restrictions in floodways
3.07.07.04
Historic buildings
3.07.07.05
Functionally dependent uses
3.07.07.06
Considerations for issuance of variances
3.07.07.07
Conditions for issuance of variances
3.07.08.00
VIOLATIONS
3.07.08.01
Violations
3.07.08.02
Authority
3.07.08.03
Unlawful continuance
3.08.00.00
DEFINITIONS
3.08.01.00
General
3.08.01.01
Scope
3.08.01.02
Terms defined in the Florida Building Code
3.08.01.03
Terms not defined
3.08.02.00
Definitions
3.09.00.00
FLOOD RESISTANT DEVELOPMENT
3.09.01.00
Buildings and Structures
3.09.01.01
Design and construction of buildings, structures and facilities exempt from the
Florida Building Code
3.09.02.00
Subdivisions
3.09.02.01
Minimum requirements
3.09.02.02
Subdivision plats
3.09.03.00
Site Improvements, Utilities and Limitations
3.09.03.01
Minimum requirements
3.09.03.02
Sanitary sewage facilities
3.09.03.03
Water supply facilities
3.09.03.04
Limitations on sites in regulatory floodways
3.09.03.05
Limitations on placement of fill
3.09.04.00
Manufactured Homes
3.09.04.01
General
3.09.04.02
Foundations
3.09.04.03
Anchoring
3.09.04.04.00 Elevation
3.09.04.04.01 General elevation requirement
3.09.04.04.02 Elevation requirement for certain existing manufactured home parks and
subdivisions
3.09.04.05
Enclosures
3.09.04.06
Utility equipment
3.09.05.00
Recreational Vehicles and Park Trailers
3.09.05.01
Temporary placement
3.09.05.02
Permanent placement
3.09.06.00
Tanks
3.09.06.01
Underground tanks
3.09.06.02
Above-ground tanks, not elevated
3.09.06.03
Above-ground tanks, elevated
3.09.06.04
Tank inlets and vents
3.09.07.00
Other Development
3.09.07.01
General requirements for other development
3.09.07.02
Fences in regulated floodways
3.09.07.03
Retaining walls, sidewalks and driveways in regulated floodways
3.09.07.04
Roads and watercourse crossings in regulated floodways
3.10.00
ADMINISTRATIVE AMENDMENTS TO THE FLORIDA BUILDING
CODE, BUILDING
3.11.00
FISCAL IMPACT STATEMENT
3.12.00
APPLICABILITY
ARTICLE 3
RESOURCE PROTECTION STANDARDS
3.00.00
PURPOSE
The purpose of this Article is to identify those resources or areas within a
development site that are required to be protected from harmful effects of
development. A developer should apply the provisions of this Article to a proposed
development site before any other development design work is done. Application
of the provisions of this Article will divide a proposed development site into areas
that may be developed and areas that must generally be left free of development
activity. The proposed development should then be designed to fit within the
constraints imposed upon the site by its natural resources.
3.01.00
TREES
3.01.01
Protection and Retention of Trees
A.
Tree Protection
No person may cut, move, remove, damage or destroy any protected tree
without obtaining a tree removal development permit (tree permit). A tree
is defined as any woody, self-supporting plant characterized by having a
single trunk of at least six (6) inches Diameter at Breast Height (DBH) or
multistem trunk system with a well-developed crown at least fifteen (15)
feet high as measured from its base.2
B.
Minimum Tree Coverage Requirements
Each lot shall contain a minimum of one (I) tree for every two thousand
(2,000) square feet of lot area (rounded to the nearest whole number). If the
lot contains an insufficient number of existing trees to meet this
requirement, or if the lot has no existing trees, replacement trees shall be
provided.
3.01.02 Exemptions
A.
Existing Residential - Owner Occupied
Lots or parcels of land on which an owner-occupied single family, two-
2
Cross-reference – Article 27, Parks and Recreation, Section 27.05.13
family or mobile home is located at the time of adoption of this ordinance
shall be exempt from all provisions of these tree protection regulations,
provided that the minimum standards are maintained as set forth in section
3.0l.0l B.
B.
New Residential
Areas of a residential lot used for the building footprint, driveway, and
required public services and facilities shall be exempt from the replacement
requirements set forth in section 3.01.03 B.
C.
Exempt Trees
The following types of trees shall be exempt from the tree protection
requirements of this Code:
D.
Common Name
Botanical Name
Australian Pine
Australian Pine
Brazilian Pepper
Chinaberry
Citrus
Ear pod tree
Eucalyptus
Punk tree
Silk Oak
Woman’s tongue
Causuarina litorea
Causuarina glauca
Schinus terebinthefolius
Melia azedarach
Citrus species
Enterolobium cyclocarpa
Eucalyptus species
Melaleuca leucadendion
Grevillea robusta
Albizia lebbeck
Existing Rights-of-way and Easements
Trees on private property within an existing public or private right-of-way
or maintenance easement which must be removed or thinned to ensure the
safety of the motoring public and to maintain visibility of oncoming traffic
at intersecting public streets, or such other tree or trees which may disrupt
public utilities, such as power lines, drainage ways and similar public needs
shall be exempt. Planned public or private rights-of-way shall be designed
to preserve as many trees as possible. Provided, however, specimen trees in
public or private rights-of-way or utility easements shall only be removed
upon the issuance of a tree removal permit. The removed specimen tree shall
be replaced with replacement stock, and may be located in the right-of-way
or elsewhere.
E.
Commercial Growers
All commercial nurseries, botanical gardens, tree farms and grove
operations shall be exempt from the provisions of this part, but only as to
those trees which were planted for silvicultural or agricultural purposes or
for the sale or intended sale in the ordinary course of business.
F.
Deteriorated Trees
Trees which have deteriorated as a result of age, hurricane, storms, fire,
freeze, disease, lightning or other Acts of God shall be exempt from these
provisions.
3.01.03
Removal of Trees
A.
Conditions For Authorization To Remove Trees
1.
It is the intent of this section to minimize the removal of trees and
that no authorization shall be granted to remove a tree if the
developer has failed to take reasonable measures to design and
locate the proposed improvements so that the number of trees to be
removed is minimized. In particular, the design must attempt to
preserve specimen and historic trees.
2.
No authorization for the removal of a tree shall be granted unless
the developer demonstrates to the satisfaction of the City one or
more of the following conditions:
a.
A permissible use of the site cannot reasonably be
undertaken unless specific trees are removed or relocated.
b.
The tree is located in such proximity to an existing or
proposed structure that the safety, utility or structural
integrity of the structure is materially impaired.
c.
The tree materially interferes with the location, servicing
or functioning of existing utility lines or services.
d.
There is compelling evidence that the tree creates a
substantial hazard to motor, bicycle or pedestrian traffic by
virtue of physical proximity to traffic or impairment of
vision.
e.
The tree is diseased or weakened by age, abuse, storm or
fire and is likely to cause injury or damage to people,
buildings or other improvements.
f.
B.
Any law or regulation requires the removal.
Replacement of Removed Trees
1.
Trees removed pursuant to paragraph A above shall be replaced at
the expense of the developer.
2.
Replacement species shall be the same general species as the tree
removed or an alternate species acceptable to the City.
3.
For each inch of Diameter at Breast Height removed, an inch of
Diameter at Breast Height shall be replaced. As an alternative, the
total cross-sectional area of the trees removed may be replaced with
an equal amount of cross-sectional area of replacement stock.
Cross-sectional area shall be taken at the DBH of the tree. Single
trees may be replaced with two (2) or more trees provided the crosssectional requirements are met. In no event shall replacement stock
be less than six (6) feet in height nor have a DBH of less than one
and one-half (1 1/2) inches.
4.
A replacement tree may be a tree moved from one location to
another on the site, or moved off the site pursuant to paragraph 5
below. Relocation of a tree shall be performed in accordance with
sound industry practices, including watering, to ensure survival of
transplanted stock. All trees relocated or replaced shall be replaced
within thirty (30) days in the event that the trees expire within two
calendar years of their planting date.
5.
Replacement trees shall be planted on the development site. If it
can be demonstrated that this is not practicable, replacement trees
may be donated, or a fee in lieu may be paid, to the City for
purposes of planting trees on public property. The fee in lieu shall
be based on the cost of purchasing the requisite size and number of
replacement trees. Costs in planting the trees are to be borne by the
developer. The developer shall not be liable for paying more than
$75.00 for each tree planted or replaced.
C.
Tree Banking
Where a tree is to be removed, but not used as a replacement, the City may,
with the owner's permission and at its own expense, relocate the tree to a
location within the City for public use. If the City does not elect to relocate
the tree, it may give to the County, the School Board or any other
municipality within the county the right to acquire, at their expense, the
tree for relocation. The relocation shall be accomplished within fifteen (15)
working days of the issuance of a permit unless it is necessary to root
prune the tree to assure survival; in which case, the relocation shall be
accomplished within a suitable time schedule as agreed to by all parties.
D.
Historic And Specimen Trees
1.
An historic tree is any live oak (Quercus virginiana) or bald
cypress (Taxodium distichum) with a thirty-six (36) inch or greater
DBH or other tree which is determined by the City, through a public
hearing and with due notice to the property owner, to be of such
unique and intrinsic value to the general public because of its size,
age, historic association or ecological value as to justify this
classification. Any tree in the city selected and duly designated as
a Florida Champion, United States Champion or a World
Champion by the American Forestry Association shall likewise be
within this definition.
2.
The following species of trees with the minimum specified DBH
are determined to be specimen trees:
Common Name
Turkey Oak
Other oaks
Maple
Sweet gum
Hickory
Elm
Loblolly Bay
Sweet Bay
Red Bay
Swamp Bay
Sycamore
Botanical Name
Quercus leave
Quercus spp.
Acer spp.
Liquidambar styraciflua
Carya spp.
Ulmus spp.
Gordonia lasianthus
Magnolia virginiana
Persea borbonia
Persea palustris
Platanus occidentalis
DBH
12 inches
18 inches
18 inches
18 inches
18 inches
18 inches
12 inches
12 inches
12 inches
12 inches
18 inches
Magnolia
3.01.04
Magnolia grandiflora
12 inches
3.
No historic or specimen tree shall be removed without a finding by
the appropriate city official that such removal is justified.
Justification shall include evidence that the tree is a hazard or that
not removing the tree so significantly interferes with the ability of
the owner to develop the property, it is unreasonable. The developer
shall explain in detail why the tree is a hazard or why the parcel is
not developable without removing the historic or specimen tree.
4.
The following minimum standards will apply to the issuance of a
tree removal permit:
Protection of Trees during Development Activities
A.
General
1.
To assure the health and survival of protected trees that are not to be
removed, the developer shall avoid the following kinds of tree
injuries during all development activities:
a.
b.
c.
d.
e.
2.
B.
Mechanical injuries to roots, trunk, and branches;
Injuries by chemical poisoning;
Injuries by grade changes;
Injuries by excavations; and
Injuries by paving.
At a minimum, the protective measures described below shall be
taken where appropriate to the development activity. The measures
shall be planned and undertaken in consultation with the County
Forester or other qualified individual and shall not be construed as
limiting the authority of the City to impose additional reasonable
requirements as may be necessary to preserve the health of protected
trees in particular circumstances.
Avoiding Mechanical Injuries
1.
Prior to any land preparation or other development activities a
protective barrier easily visible to equipment operators shall be
placed around all protected trees so as to encompass the entire tree
protection zone, which encompasses the total area within the drip
line or a radius of 20 feet, whichever is less.
C.
D.
2.
No attachment, wires (other than supportive wires), signs or permits
may be fastened to any protected tree.
3.
No equipment, construction materials or debris of any kind shall be
placed within the protective barrier.
4.
Landscaping activities within the bounds of the protective barrier
(before and after it is removed) shall be accomplished with light
machinery or manual labor. Grubbing and similar activities are
prohibited.
5.
In lieu of constructing the barriers required above, the developer
may physically designate large areas containing protected trees
where no land preparation or other development activities of any kind
will occur. The area shall be designated by placing stakes a maximum
of twenty five (25) feet apart and tying ribbon, plastic tape, rope, etc.,
from stake to stake along the outside perimeter of the area. This
perimeter line shall be beyond the tree protection zone of any
protected trees growing within the area.
6.
Required protective barriers and perimeter lines shall remain in place
until all construction activity, except landscaping within the
protected area, is terminated.
Avoiding Injuries Due To Chemical Poisoning
1.
No fuel, paint, solvent, oil, thinner, asphalt, cement, grout or any
other construction chemical or other material or tools of any kind
shall be stored, or allowed in any manner to enter, within a required
protective barrier or perimeter line.
2.
No equipment shall be cleaned within a required protective barrier
or perimeter line.
Avoiding Injuries Due To Grade Changes
Grade changes shall not be made within the tree protection zone unless
the following protective measures are taken:
1.
When raising the grade, the following measures shall be taken:
a.
Within the tree protection zone, existing sod, vegetation and
leaf litter shall be removed and the soil loosened without
injuring the roots.
b.
The area within the tree protection zone shall be properly
fertilized to improve the vigor and growth of the roots.
c.
Porous, four-inch agriculture drain tiles shall be laid over the
soil to drain liquids away from the trunk. A drop of at least
one eighth (1/8) inch per foot shall be provided. The drain
field shall be designed to provide adequate drainage of the
existing configuration of the trees.
d.
The number of drains shall depend upon soil material;
lighter sandy soils and porous gravelly material require
fewer drains than heavy non-porous soils.
e.
Aeration shall be provided by installing vertical tiles along
the system. The vertical tiles shall be filled with gravel and
capped with a heavy-duty mesh to keep out trash and debris.
f.
Dry wells shall be large enough to allow for maximum
growth of the tree trunk. Most large shade trees require at
least a sixty (60)-inch diameter well. For slow-growing
mature trees, a space of twelve to eighteen (12-18) inches
shall be provided between the trunk and the side of the well
at every point.
g.
To prevent washing of material into the well, the dry well
casing walls shall be high enough to bring the top of the wall
above the level of the proposed fill.
h.
Dry well walls shall be constructed of materials that permit
passage of air and water. Concrete blocks backed with
galvanized screening may be used for the sides of the well.
i.
Gratings or barriers shall be used around openings that are
large enough to present a hazard to pedestrians.
j.
Open wells shall be cleaned regularly to remove sediment,
leaves, and debris that might interfere with the free passage
of air.
k.
Large stones shall be placed over the drainage tiles and a
layer of smaller stones shall be placed over the remainder of
the ground within the drip line.
2.
3.
l.
A layer of gravel shall be placed over the stones.
m.
The fill shall be completed with a layer of porous soil.
n.
The maximum depth of a dry well shall be two and a half (2
1/2) feet.
When lowering the grade, the following measures shall be taken:
a.
Roots shall be cut cleanly and re-trimmed after excavation.
b.
The canopy shall be pruned to aid in maintaining tree vigor.
c.
When lowering the grade of the soil surrounding a protected
tree, the maximum number of tree roots within the tree
protection zone shall be preserved by using any of the
following methods:
(1)
Terracing. The area within the tree protection zone is
left at the original grade by terracing.
(2)
Retaining wall. The area within the tree protection
zone is left at the original grade constructing a dry
retaining wall. The retaining wall shall be porous to
allow for aeration.
(3)
Terracing and retaining wall. The area within the tree
protection zone is left at the original grade by the
combined use of terracing and dry retaining wall.
Minor Changes in Grade
When the change in grade is minor, lesser protective measures than
those described above may be taken. The City shall approve the use
of these methods where their use will not endanger the health of the
protected tree.
E.
F.
Avoiding Injuries Due To Excavations
1.
Water, sewer, and other utility lines should be routed around the tree
protection zones of protected trees.
2.
If a line cannot reasonably be routed around the tree protection zone,
the line shall be tunneled beneath the area within the zone. The
tunnel shall be offset to one side of the trunk to prevent damage to
the main tap roots.
Avoiding Injury by Paving within the Drip Line
Porous paving may be placed within the tree protection zone of a tree, so
long as no damage is inflicted to the tree by grade change, compaction of
the soil, or any other cause.
3.01.05
Special Provisions For Protection of Canopy Roads
A.
General
The City Commission may determine that certain trees providing a canopy
over or a line along roadways within the city merit special protection. It is
the purpose of this section to describe the procedures for designating
roadway sections and the additional protection afforded to these trees.
B.
Designation of Roadways
Roads shall be nominated as tree-lined and canopy road protection areas by
the Planning & Land Development Regulation Commission or any resident
of the city. Designation shall be through a public hearing held by the City
Commission.
C.
Restrictions
The City Commission shall determine the extent of the area needing to be
protected from the removal or destruction of trees in order to maintain the
character of the roadway. No species within a designated area of protection
shall be removed without permit. Trees which are approved for removal
shall be replaced with one and one half (1.5) times the number of trunk
circumference inches as the removed tree(s).
3.01.06
Preservation of Historic or Specimen Trees As Grounds for Variance from
Other Requirements of This Code
The preservation of any historic or specimen tree may be considered as a factor in
rendering a decision upon an application for a variance from the literal application
of other requirements of this Code.
3.01.07
Purpose
The City of Lake Helen recognizes the substantial economic, environmental and
aesthetic benefits that a well-managed treescape provides the community, its
residents and its visitors. It is the purpose of this Ordinance to establish specific
responsibilities within the City of Lake Helen's governmental structure to
administer and implement the standards, techniques, methods and procedures
necessary to protect and maintain the City's tree resources.
(Ord. No. 2003-11; §1, 12-4-2003)
3.01.08
Establishment of Tree Protection and Maintenance Responsibilities
It shall be the responsibility of the City Administrator, or his/her designee, to insure
that the tree resource protection standards established in Sections 3.01.00-3.01.06
of the City of Lake Helen Code of Ordinances are administered and enforced. It
shall be the responsibility of the Public Works Department, as the City's Tree
Protection Department, to prepare, annually update and implement a work plan for
the care, preservation, pruning, planting, removal and replacement of trees within
City rights-of-way and on City properties. It shall be the responsibility of the
Planning and Land Development Regulation Commission to insure that the tree
resource protection standards established in Sections 3.01.00-3.0l.06 of the Code
of Ordinances are complied with through application of said Code provisions in the
development review process.
(Ord. No. 2003-11; §2, 12-4-2003)
3.02.00
ENVIRONMENTALLY SENSITIVE LANDS
3.02.01
General Provisions
A.
Relationship to Other Requirements Relating To the Protection of
Environmentally Sensitive Lands
In addition to meeting the following protection of environmentally
sensitive lands requirements, development plans shall comply with
applicable federal, state, county and water management district regulations
relating to environmentally sensitive lands. In all cases the strictest of the
applicable standards shall apply.
B.
Future Land Use Element Incorporated By Reference
The Future Land Use Element of the City Comprehensive Plan as from
time to time amended is hereby incorporated by reference into this Code.
C.
Compliance When Subdividing Land
Each lot of a proposed development must include a site suitable for
constructing a structure in conformity with the standards included in this
section.
3.02.02
Wetland Protection Areas
A. Designation of Wetland Protection Areas
B.
1.
All wetlands in the City are subject to the Conservation Land Use
designation as provided for in the City's Comprehensive Plan.
2.
The boundaries of these areas shall be the most landward extent of
the following:
a.
Areas within the dredge and fill jurisdiction of the
Department of Environmental Regulation as authorized by
Section 403 of the Florida Statutes.
b.
Areas within the jurisdiction of the U.S. Army Corps of
Engineers as authorized by Section 404, Clean Water Act or
Section 10, River and Harbor Act.
c.
Areas within the jurisdiction of the St. Johns River Water
Management District pursuant to Section 40C-4.042,
Florida Administrative Code.
Allowed Activities in Wetland Protection Areas
No development activity shall be undertaken in a wetland area except for
the following activities. These activities are presumed not to have a
significant effect on the functional values of the area and may be undertaken
unless it is shown by competent and substantial evidence that the specific
activity would have a significant adverse effect.
C.
1.
Scenic, historic, wildlife, or scientific preserves.
2.
Timber catwalks four (4) feet or less in width.
Wetland Permit
A permit is required prior to undertaking any development activity or land
clearing within a wetland.
3.02.03
Wetland Buffer Areas
A.
Designation of Wetland Buffer Areas
Wetland buffers are required adjacent to and surrounding all isolated
wetlands. A natural vegetative buffer of not less than twenty-five (25) feet
in width measured from the wetlands or from the highest-known watermark,
whichever is greater, shall be established. Wetland buffers greater than
twenty-five (25) feet in width shall be required if the upland activity will
adversely impact the wetland's beneficial functions.
B.
Allowed Activities in Wetland Buffer Areas
The following uses and activities are presumed to not have an adverse effect
on wetland buffer areas:
D.
1.
Scenic, historic, wildlife, or scientific preserves.
2.
Timber catwalks and trail bridges that are less than or equal to four
(4) feet wide.
3.
Pruning, planting of suitable native vegetation, removal of exotic
and nuisance pioneer plant species.
Wetland Buffer Permit
A permit is required for any activity undertaken within a wetland buffer
area.
3.02.04
Lake Protection Areas
A.
Designation of Lake Protection Areas
A Lake Protection Area shall be established adjacent to and surrounding all
lakes for a distance extending seventy-five (75) feet landward of the mean
high water line.
B.
Allowed Activities in a Lake Protection Area
Within the Protection Area no development activity shall be permitted
except for an allowance for access. No more than 20 percent or 25 feet,
whichever is greater, of the shoreline within property boundaries may be
altered for reasonable access. The remainder of the shoreline shall be
maintained in unaltered native vegetation, except for pruning, planting of
suitable native vegetation and removal of exotic and nuisance plant species.
Provided, however, that any portion of a principal or accessory residential
dwelling structure, in existence on March 18, 2004, and which is nonconforming to the Code as a result of encroaching into a Lake Protection
Area boundary, may be altered, expanded, enlarged or restored in the area
of encroachment if such activity does not create an encroachment into the
Lake Protection Area boundary that is closer than that which exists on
March 18, 2004, and which does not create a new non-conformity. Any
such afore described activity that is conducted within a Lake Protection
Area shall be required to incorporate environmental best management
practices for lake protection, as specified by the City at time of permit
approval, into project design and implementation.
(Ord. No. 2004-03; § 2, 3-18-2004)
C.
Lake Protection Permit
A permit is required for any activity undertaken within a Lake Protection
Area.
3.02.05
Findings / Legislative Intent, Ordinance Number 2004-03
WHEREAS, the development of residential uses within the City of Lake
Helen has a significant impact on the well-being of the citizens of the City of Lake
Helen, the quality of life in the City and the compatibility and harmonizing of land
uses; and
WHEREAS, the City Commission of the City of Lake Helen has concluded
that lakefront property owners can renovate, remodel or restore existing lakefront
non-conforming principal residential dwelling structures without harm to the lake
environment, if said renovation, remodeling or restoration is restricted in such a
manner so as not to encroach any closer on a lake's mean high water line than the
structure presently does, and if said renovation, remodeling or restoration
incorporates appropriate environmental best management practices into project
design and implementation; and
WHEREAS, the application of existing land development regulations with
regard to development in lake protection areas require amendment in order to
comport with sound land use and environmental practices and principles when
conducting development activities related to non-conforming residential dwelling
structures; and
WHEREAS, the City Commission of the City of Lake Helen, based upon
the foregoing, finds that adopting an amendment to the Code of Ordinances of the
City of Lake Helen is appropriate and will further the interests of the City and its
citizens.
(Ord. No. 2004-03; § 1, 3-18-2004)
3.02.06
Permit Fees
A permit fee shall be collected at the time the standard application package is
submitted and will reflect the cost of the administration and management of the
permitting process. The city commission will establish by resolution a fee schedule
based upon the relative complexity of the project, and such schedule may be
amended from time to time by the commission by resolution. Notice of said
resolution shall be published as provided by law.
Where work for which a permit is required by this article is commenced prior to
obtaining the permit, the fees herein specified shall be doubled; but the payment of
such double fee shall not relieve any persons from fully complying with the
requirements of this article in the execution of the work nor from any other penalties
prescribed herein.
3.02.07
Penalties and Violations
Violation of this article shall be reported to the City Code Enforcement Board. The
Enforcement Board shall notify the violator and schedule a hearing on said
violations. Upon a finding that there is a violation, the Board may order the violator
to pay a fine not to exceed five hundred dollars ($500.00) per day for each violation
until compliance. The Enforcement Board shall proceed in accordance with
10.05.04 through 10.05.10 of the City Code of Ordinances.
3.03.00
GROUNDWATER AND WELLHEADS
3.03.01
Purpose and Intent
The purpose of groundwater protection standards is to safeguard the health, safety
and welfare of the residents of the City. This is accomplished through ensuring the
protection of the principle source of water for domestic, commercial, and industrial
use. The availability of adequate and dependable supplies of good quality water is
of primary importance to the future of the City. Therefore, standards are described
in this section with the intent of protecting both the quantity and quality of the
groundwater supply. It is further the intent of this section to control development in
and adjacent to designated wellheads to protect potable water supplies from
potential contamination.
3.03.02
Restrictions on Development
A.
Within The Primary Well Field Protection Zone
No development activities shall take place within three hundred and fifty
(350) feet of a wellhead associated with a public potable water supply well
or private potable water supply well six inches (6") in size or larger. Any
private well within the primary well field protection zone shall be tested
annually for contaminants.
B.
Within The Secondary Well Field Protection Zone
The following uses and activities are not allowed within eight hundred (800)
feet of a Primary Well Field Protection Zone.
1.
Facilities for the bulk storage, handling or processing of materials
on the Florida Substance List (Ch.442, F.S.).
2.
Activities that result in the storage, use, handling, production or
transportation of hazardous waste as defined by the federal
Resource Conservation and Recovery Act of 1976.
3.
Feedlots or other concentrated animal facilities.
4.
Wastewater treatment plants, percolation ponds, and similar
facilities.
5.
Excavation of waterways or drainage facilities which intersect the
water table.
3.04.00
HABITAT OF ENDANGERED OR THREATENED SPECIES
3.04.01
General
A.
Purpose And Intent
It is the purpose of this part to identify the standards to be met in order to
protect the habitat of listed species occupying undeveloped areas of the
City. In most instances this will require that an appropriate amount of land
be set aside to protect the habitat of endangered, threatened or special
concern plant and animal species.
B.
Applicability
Areas subject to the standards of this Part shall be those identified in the
Conservation Element of the City's Comprehensive Plan as habitat for rare
and endangered species, threatened species, or species of special concern.
3.04.02
Habitat Protection Standards
A.
Minimum Standards
All development shall contain a minimum of thirty-five percent (35%) open
space within property boundaries, landscaped with existing native
vegetation or planted native species.
B.
Listed Species Assessment Report
A Listed Species Assessment Report shall be required for the following
types of development:
1.
Non-residential development, 5 acres or greater
2.
Any residential development consisting of 5 acres or greater that
will be subdivided into 2 or more lots.
The Assessment Report will consist of a survey by an ecologist, biologist
or other similar professional to determine the presence of plant and animal
species listed by either the Florida Game and Fresh Water Fish Commission
or the U.S. Fish and Wildlife Service, as endangered, threatened, or species
of special concern or actively being considered for such designation. The
report will include the following information:
1.
The size and distribution of native vegetation, wildlife and listed
species populations.
2.
The feasibility and viability of on-site protection through the
retention of sufficient native habitat to accommodate the various
wildlife species utilizing the site.
3.
Whether a wildlife corridor exists on-site or the project is adjacent
to a corridor.
4.
The feasibility of maintaining an on-site wildlife corridor.
C.
5.
A management plan shall be incorporated into the Assessment
Report and the final site plan application that protects any listed
wildlife and plant species found on the site.
6.
The management plan shall also address the appropriateness of offsite mitigation in the event that on-site mitigation is shown to be
ineffective.
Conformity of Development Plan
The Development Plan approved for a development shall substantially
conform to the recommendations in the Listed Species Assessment Report
and management plan.
D.
Preservation of Land
Where land on a proposed development site is to be preserved as habitat of
endangered, threatened or special concern species, such land shall be
adjacent to existing viable habitat, a significant wetland system, floodplain,
or wildlife corridor. If such lands are not adjacent to the development site,
land to be set aside shall be of such quantity and quality as to provide viable
habitat, as documented in the study required in paragraph B above.
E.
Fee in Lieu
As an alternative to preservation of land, the City may establish a fee-inlieu-of-land program, whereby the City can purchase land which will
provide significant habitat or participate in a county or regional land
banking/mitigation program. If such a program is established, participation
in it is at the discretion of the City.
3.05.00
REGULATION OF WATER USAGE
3.05.01
Legislative Findings/Water Use Regulations
A.
Legislative Findings, Ordinance Number 2002-03
WHEREAS, the availability and quality of water is critical to the health,
safety, and welfare of the citizens of the City of Lake Helen; and
WHEREAS, on January 10, 2001 the St. Johns River Water Management
District ("SJRWMD" or "District") issued an order declaring a severe water
shortage within the following counties: Lake, Marion, Orange, Polk, Seminole and
Volusia; and
WHEREAS, the City Commission of the City of Lake Helen is deeply
concerned with the availability of water to the citizens of the City of Lake Helen
and the appropriate use of limited water resources within the City of Lake Helen;
and
WHEREAS, the City Commission of the City of Lake Helen desires to take
prudent action consistent with the actions of the Volusia County Council and the
SJRWMD that will help conserve the water resources of the citizens of the City of
Lake Helen; and
WHEREAS, the City Commission of the City of Lake Helen deems it
necessary and advisable to enact on Ordinance that prescribes for appropriate water
usage within the City Limits of the City of Lake Helen; and
WHEREAS, the City Commission of the City of Lake Helen finds and
declares that it is in the best immediate interest of the health, safety and general
welfare of the citizens of the City of Lake Helen that the use of water usage within
the City of Lake Helen be consistent with and harmonize with the regulations of
Volusia County as set forth in Chapter 50, Article III, Division 8 of the Volusia
County Code; and
WHEREAS, the appropriate use and conservation of water within the
environs of the City of Lake Helen has the potential to assist in the maintenance of
the sound environmental quality of the lakes located within the City Limits of the
City of Lake Helen; and
WHEREAS, this Ordinance is consistent with the Lake Helen
Comprehensive Plan and the City's Code of Ordinances.
B.
The provisions of this article are to be construed in harmony with the
provisions of Section 5.03.06 P of the Code of Ordinances of the City of
Lake Helen. The water use regulations hereby enacted by the City
Commission of the City of Lake Helen are hereby found to be in the best
interests of the citizens of Lake Helen and to protect and promote the public
health, safety and welfare.
(Ord. No. 2002-03; § 1, 4-18-2002)
3.05.02
Definitions
The following terms are assigned the following definitions for the purpose of this
article:
Agricultural use means the use of land in horticulture, floriculture,
viticulture, forestry, dairy, livestock, poultry, beekeeping, pisciculture and
all forms of farm products and farm production.
Automatic system means any irrigation method or system with a timing
device that controls the periods of operation.
District or SJRWMD means the St. Johns Water Management District.
Even numbered address means the house address, box number or rural
route ending in the numbers 0, 2, 4, 6, 8 or the letters A-M. Post box
numbers are not included.
Heating and air-conditioning use means the use of water for heating,
cooling or air-conditioning.
City means the City of Lake Helen, Florida.
Low-volume hand watering means low-volume irrigation of plants or
crops with one hose attended by one (1) person, fitted with a self-canceling
or automatic shutoff nozzle.
Low-volume irrigation means the use of equipment and devices
specifically designed to allow the volume of water delivered to be limited
to a level consistent with the water requirements of the plant being irrigated
and to allow that water to be placed with a high degree of efficiency in the
root zone of the plant. Micro-irrigation and drip-irrigation are examples of
low-volume irrigation. Low-volume irrigation also includes water used in
mist houses and similar establishments for plant propagation.
Low-volume pressure cleaning means pressure cleaning by means of
equipment which is specifically designed to reduce the inflow volume as
accepted by industry standards.
Manual system means any irrigation method or system that does not have
a control device that is automatically timed. Low volume hand watering is
a manual system.
Mobile equipment means any public, private or commercial automobile,
truck, trailer, railroad car, camper, boat, or any other type of similar
equipment. The term shall not include sanitation or sludge vehicles or food
vending or transporting vehicles.
Odd numbered address means the house address, box number or rural
route ending the numbers 1, 3, 5, 7, 9 or the letters O-Z. Post box numbers
are not included.
Reclaimed water means the water that meets the current Florida
Department of Environmental Protection standards for reuse after flowing
out of any treatment plant or works.
Reuse means the deliberate application of reclaimed water for beneficial
purpose. Uses include landscape irrigation, agricultural irrigation, aesthetic
uses, groundwater recharge, industrial uses, fire protection or other useful
purposes.
User means any person, natural or artificial individual, firm, association,
organization, partnership, business trust, corporation, company, agent,
employee or other legal entity, the United States of America, and the state
or any political subdivisions, region, district, municipality or public agency
thereof, which directly or indirectly takes water from the water resource,
including but not limited to uses from private or public utility systems, uses
whether or not under consumptive use permits pursuant to Chapter 40C-2,
Florida Administrative Code, or uses from individual wells or pumps for
domestic or individual home use or other use. The term does not included
persons who use only treated effluent or seawater.
Volusian Water Alliance or VWA means that regional water supply
cooperative organization as created by the May, 1996 interlocal agreement
pursuant to the provisions of Section 163.01, Florida Statutes, as amended
and restated.
Water conservation means a continuing effort to use only as much water
as absolutely necessary, whether for drinking, washing, flushing, irrigating
or any other use. Water conservation is awareness that water resources are
not unlimited.
Water shortage means that situation when insufficient water is available
to meet the needs of the users, or when conditions are such as to require
temporary reduction in total use within a particular area to protect water
resources from serious harm. A water shortage usually occurs due to
drought.
Water shortage plan means the St. Johns River Water Management
District's Chapter 40C-21, Florida Administrative Code, Water Shortage
Plan.
(Ord. No. 2002-03; § 2, 4-18-2002)
3.05.03
Penalty
This article may be enforced by either or both the Volusia County Council
and the Lake Helen City Commission and/or their designees. Any person
found guilty of a violation of any provisions of this article or any lawful
order of the County Councilor City Commission, or enforcement official or
their duly authorized representative, shall be punished in accordance with
Section 1-7, Volusia County Code, and/or the applicable provisions of the
Code of Ordinances of the City of Lake Helen and shall, also, be
responsible for reimbursing the City its attorneys fees, filing fees, Sheriff
service fees and costs incurred in correcting the violation. A separate
offense shall be deemed committed for each day during which a violation,
disobedience, omission, neglect or refusal shall continue3.
(Ord. No. 2002-03; § 3, 4-18-2002)
3.05.04
Variances4
A.
When the City Commission finds that compliance with any of the
requirements of this article would result in undue hardship for a specific
user, a variance from anyone (1) or more such requirements may be granted
by the City Commission, provided the variance is the minimum necessary
to alleviate such undue hardship for the user and to the extent such variance
can be granted without impairing the intent and purpose of this article.
B.
All users requesting a variance from the provisions of this article shall file
a petition for variance, but must confirm to the greatest possible extent to
the water use restrictions of this article until such variance is granted.
C.
A petition for variance shall be in writing and contain, at minimum, the
following information:
1.
The petitioner's name and address.
2.
The specific provision from which the petitioner is requesting a
variance.
3.
A detailed statement of the facts which the petitioner believes
demonstrate that the request qualifies for variance under Subsection
D. of this Section.
4.
A description of the variance desired.
5.
The period of time for which the variance is sought, including the
reasons and facts in support thereof.
6.
The damage or harm resulting or which may result to the petitioner
from compliance with the provision(s) from which a variance is
sought.
7.
The steps the petitioner is taking to meet the provisions from which
the variance is sought and when compliance could be achieved.
Cross-reference – Article 1, General Provisions, Section 1.11.02 General Penalty
Cross-reference – Article 13, Nonconforming Development, Variances, Special Exceptions, Changing Land Use
(Rezonings), Section 13.02.00 Variances.
3
4
8.
D.
Other relevant information the petitioner believes supports his or her
petition for variance.
No petition for variance may be approved unless the petitioner affirmatively
demonstrates that one (1) or more of the following circumstances exists:
1.
The variance is essential to protect health or safety; or
2.
Compliance with the provision from which a variance is sought will
require measures which, because of their extent or cost, cannot be
accomplished; or
3.
Compliance with the provision from which a variance is sought will
result in a substantial economic, social or health burden on the
petitioner or those served by the petitioner; or
4.
Alternative restrictions which achieve the same level of demand
reduction as the provision are available and reflect the intent and
purpose of this article.
(Ord. No. 2002-03; § 4, 4-18-2002)
3.05.05
Declaration of Water Shortage
A.
The City Commission acknowledges that the groundwater resource
available to its citizens is a sole-source aquifer and is not connected to other
groundwater resources. The City Commission deems it necessary to be able
to determine water shortage based on the data available in the City
independent of data available elsewhere in the St. Johns River Water
Management District.
B.
The City Commission shall declare a water shortage or a water shortage
emergency based on public concern and technical information, such as, but
not limited to, groundwater levels, spring flows and rainfall, and shall
establish a specific level of water conservation and use corresponding to a
level as set forth in Section 3.05.06, and may consider the level of water
conservation and use recommended by the Volusian Water Alliance.
C.
In the event the St. Johns River Water Management District declares water
shortage and implements its water shortage plan, Chapter 40C-21, Florida
Administrative Code, the water shortage plan and all elements of said plan
become effective and take precedence over the provisions of this article,
provided that the plan provides for a more restrictive level of water
conservation that the level in effect. At such time as the declared St. Johns
River Water Management District water shortage expires, then all
provisions of this article become effective and enforceable.
(Ord. No. 2002-03; § 5, 4-18-2002)
3.05.06
Levels of Water Conservation and Water Shortage
The City Commission, in order to provide the necessary levels of year round water
conservation and provide for the most logical transition to declare water shortage,
water shortage emergency or the St. Johns River Management District water
shortage plan, shall establish the following levels of water conservation and use:
A.
Base Water Conservation Level. This level is as follows:
1.
The use of water for landscape irrigation is allowed only during the
following times: Three (3) days a week from 4:00 a.m.-8:00 a.m.
and 4:00 p.m.-8:00 p.m. (5:00 p.m.-9:00 p.m. during daylight
savings time) for manual irrigation systems and 4:00 a.m.-8:00 a.m.
only for automatic irrigation systems.
Even numbered addresses and residences without address numbers
may water at these times on Tuesdays, Thursdays and Sundays, odd
numbered addresses on Mondays, Wednesdays and Saturdays. On
Fridays no watering is permitted.
2.
The use of water for irrigation from a reclaimed water system is
allowed anytime provided appropriate signs are placed on the
property to inform the general public and District enforcement
personnel of such use. For the purpose of this paragraph, a reclaimed
water system includes systems in which the primary source is
reclaimed water, which may or may not be supplemented by water
from another source during peak demand periods.
3.
Irrigation of new landscape plantings is allowed any day, except
between 10:00 a.m. and 4:00 p.m., for one (1) thirty (30)-day period,
provided irrigation is limited to the amount necessary for plant
establishment.
4.
Watering of chemicals, including insecticides, pesticides, fertilizers,
fungicides, and herbicides, when required by law, the manufacturer,
or best management practices, is allowed anytime within twentyfour (24) hours of application.
5.
Irrigation systems may be operated anytime for maintenance and
repair purposes, not to exceed ten (10) minutes per hour per zone.
6.
Excessive use of water for landscape irrigation or over watering of
landscaping is prohibited. Overspray of irrigation water onto
impervious surfaces in prohibited.
7.
Mobile equipment washing shall utilize an automatic shutoff/selfcanceling spray nozzle. Mobile equipment washing shall be on
pervious surfaces whenever feasible or at a commercial water
recycling automobile wash.
8.
The washing of sidewalks, walkways, driveways, parking lots,
tennis courts and all other impervious areas shall utilize an
automatic shutoff/self-canceling spray nozzle or low volume
pressure cleaning. Excessive use of water for washing of impervious
areas is prohibited. Runoff from impervious surface washing shall
be directed as much as possible towards pervious areas.
9.
Filling or refilling of swimming pools, except as necessary during
construction process, repairs, or following any voluntary cessation
of use of the pool to prevent the leakage of water, and except as
necessary to raise the level of water to allow the pool's skimmer to
properly function, is prohibited. The continuous refilling of
swimming pools while a leak is occurring is hereby prohibited.
B.
Level II. Water Conservation Level. Level II shortage corresponds to the
St. Johns River Water Management District's Phase II Sever Water Shortage
Plan and all provisions therein as set forth in Rule 40C-21.631, Florida
Administrative Code. In addition, the use of water for landscape irrigation
purposes by manual irrigation systems is allowed during the evening from
4:00 p.m. - 8:00 p.m. (5:00 p.m. - 9:00 p.m. during daylight savings time)
on specific days and street addresses permitted by the St. Johns River Water
Management District in the above-described Phase II - Sever Water
Shortage Plan requirements. In the event the District declares a Phase II Sever Water Shortage Plan, the District requirements shall supersede this
provision.
C.
Level III. Water Conservation Level. Level III shortage corresponds to the
St. Johns River Water Management District's Phase III Extreme Water
Shortage Plan and all provisions therein as set forth in Rule 40C-21.641,
Florida Administrative Code. In addition, the use of water for landscape
irrigation purposes by manual irrigation systems is allowed during the
evening from 4:00 p.m. - 7:00 p.m. (5:00 p.m. - 8:00 p.m. during daylightsavings time) on the specific days and street address permitted by the St.
Johns River Water Management District in the above-described Phase 111
- Extreme Water Shortage Plan requirements. In the event the District
declares a Phase 111- Extreme Water Shortage Plan, the District
requirements shall supersede this provision.
D.
Level IV. Water Conservation Level. Level IV Shortage corresponds to the
St. Johns River Water Management District Phase IV Critical Water
Shortage Plan and all provisions therein as set forth in Rule 40C-21F.651,
Florida Administrative Code. In addition, the use of water for landscape
irrigation purposes by manual irrigation systems is allowed during the
evening, from 6:00 p.m. - 7:00 p.m. on the specific days and street addresses
permitted by the St. Johns River Water management District in the abovedescribed Phase IV - Critical Water Shortage Plan requirements. In the
event the District declares a Phase IV - Critical Water Shortage Plan, the
District requirements shall supersede this provision.
(Ord. No. 2002-03; § 6, 4-18-2002)
3.05.07
General Restrictions on Water Use
A.
B.
Excessive or unnecessary water use. Excessive, wasteful and unnecessary
water use is hereby prohibited. Excessive, wasteful and unnecessary water
use includes, but is not limited to:
1.
Allowing water to be dispersed without any practical purpose to the
water user, regardless of the type of water use.
2.
Allowing water to be dispersed in a grossly inefficient manner,
regardless of the type of water use.
3.
Allowing water to be dispersed to accomplish a purpose for which
water use is unnecessary or which can be readily accomplished
through alternative methods of significantly less water use.
Discharge of groundwater used in heating or air-conditioning systems. All
groundwater utilized in water-to-air heating and air-conditioning systems
must be directed to landscape irrigation systems, groundwater injection or
exfiltration systems. Off-site discharge from heating and air-conditioning
systems is prohibited.
C.
All automatic landscape irrigation systems shall be equipped with rain
sensor devices, within eighteen (18) months from April 18, 2002.
(Ord. No. 2002-03; § 7, 4-18-2002)
3.05.08
Reference to Certain District Rules
In the event the St. Johns River Water Management District adopts a Phase I
Moderate Water Shortage Plan as set forth in Rule 40C-21.621, Florida
Administrative Code, it shall prevail over any less stringent restrictions in effect
under this article. Additionally, all District restriction on surface water withdrawals
shall be enforced as authorized by law in the City.
(Ord. No. 2002-03; § 8, 4-18-2002)
3.05.09
Exemptions
A.
Exemption stickers shall be applied for and issued by the City Administrator
for water-to air heating and air-conditioning systems and reuse or reclaimed
water systems and shall be displayed in a conspicuous location easily
viewed by enforcement personnel. The exemption sticker shall be of design;
color and placement location designated by the VWA.
B.
Agricultural uses are exempt from the provisions of this article, as long as
they follow the agricultural water conservation requirements of the District.
C.
Use of water for construction purposes is exempt from the provisions for
this article.
D.
Watering of clay or clay type recreational courts is exempt from the base
water conservation and use provisions.
E.
Low-volume hand watering and other forms of low-volume irrigation are
permitted anytime, but avoidance of hours of high evaporation is
encouraged.
(Ord. No. 2002-03; § 9, 4-18-2002)
ARTICLE 3 A5
FLOODPLAINS
3.06.00
FLOODPLAINS - GENERAL
3.06.01
Recitals (Whereas Clauses, Ordinance Number 2013-02)
WHEREAS, the Legislature of the State of Florida has, in Chapter 166Municipalities, Florida Statutes, conferred upon local governments the authority to
adopt regulations designed to promote the public health, safety, and general welfare
of its citizenry; and
WHEREAS, the Federal Emergency Management Agency has identified
special flood hazard areas within the boundaries of the City of Lake Helen and such
areas may be subject to periodic inundation which may result in loss of life and
property, health and safety hazards, disruption of commerce and governmental
services, extraordinary public expenditures for flood protection and relief, and
impairment of the tax base, all of which adversely affect the public health, safety
and general welfare, and
WHEREAS, the City of Lake Helen was accepted for participation in the
National Flood Insurance Program on May, 19, 2005 and the City Commission
5
(Ord. No. 2013-02; 12-12-2013)
desires to continue to meet the requirements of Title 44 Code of Federal
Regulations, Sections 59 and 60, necessary for such participation; and
WHEREAS, Chapter 553, Florida Statutes, was adopted by the Florida
Legislature to provide a mechanism for the uniform adoption, updating,
amendment, interpretation and enforcement of a state building code, called the
Florida Building Code; and
WHEREAS, section 553.73(5), Florida Statutes, allows adoption of local
administrative amendments to the Florida Building Code to implement the National
Flood Insurance Program; and
WHEREAS, the City Commission has determined that it is in the public
interest to adopt the proposed floodplain management regulations that are
coordinated with the Florida Building Code.
3.07.00
ADMINISTRATION
3.07.01.00
General
3.07.01.01
Title
These regulations shall be known as the Floodplain Management Ordinance of the
City of Lake Helen, hereinafter referred to as “this ordinance.”
3.07.01.02
Scope
The provisions of this ordinance shall apply to all development that is wholly within
or partially within any flood hazard area, including but not limited to the
subdivision of land; filling, grading, and other site improvements and utility
installations; construction, alteration, remodeling, enlargement, improvement,
replacement, repair, relocation or demolition of buildings, structures, and facilities
that are exempt from the Florida Building Code; placement, installation, or
replacement of manufactured homes and manufactured buildings; installation or
replacement of tanks; placement of recreational vehicles; installation of swimming
pools; and any other development.
3.07.01.03
Intent.
The purposes of this ordinance and the flood load and flood resistant construction
requirements of the Florida Building Code are to establish minimum requirements
to safeguard the public health, safety, and general welfare and to minimize public
and private losses due to flooding through regulation of development in flood
hazard areas to:
A.
Minimize unnecessary disruption of commerce, access and public service
during times of flooding;
3.07.01.04
B.
Require the use of appropriate construction practices in order to prevent or
minimize future flood damage;
C.
Manage filling, grading, dredging, mining, paving, excavation, drilling
operations, storage of equipment or materials, and other development which
may increase flood damage or erosion potential;
D.
Manage the alteration of flood hazard areas, watercourses, and shorelines
to minimize the impact of development on the natural and beneficial
functions of the floodplain;
E.
Minimize damage to public and private facilities and utilities;
F.
Help maintain a stable tax base by providing for the sound use and
development of flood hazard areas;
G.
Minimize the need for future expenditure of public funds for flood control
projects and response to and recovery from flood events; and
H.
Meet the requirements of the National Flood Insurance Program for
community participation as set forth in the Title 44 Code of Federal
Regulations, Section 59.22.
Coordination with the Florida Building Code
This ordinance is intended to be administered-and-enforced in conjunction with the
Florida Building Code. Where cited ASCE 24 refers to the edition of the standard
that is referenced by the Florida Building Code.
3.07.01.05
Warning
The degree of flood protection required by this ordinance and the Florida Building
Code, as amended by this community, is considered the minimum reasonable for
regulatory purposes and is based on scientific and engineering considerations.
Larger floods can and will occur. Flood heights may be increased by man-made or
natural causes. This ordinance does not imply that land outside of mapped special
flood hazard areas, or that uses permitted within such flood hazard areas, will be
free from flooding or flood damage. The flood hazard areas and base flood
elevations contained in the Flood Insurance Study and shown on Flood Insurance
Rate Maps and the requirements of Title 44 Code of Federal Regulations, Sections
59 and 60 may be revised by the Federal Emergency Management Agency,
requiring this community to revise these regulations to remain eligible for
participation in the National Flood Insurance Program. No guaranty of vested use,
existing use, or future use is implied or expressed by compliance with this
ordinance.
3.07.01.06
Disclaimer of Liability
This ordinance shall not create liability on the part of the City Commission of the
City of Lake Helen or by any officer or employee thereof for any flood damage that
results from reliance on this ordinance or any administrative decision lawfully made
thereunder.
3.07.02.00
Applicability
3.07.02.01
General
Where there is a conflict between a general requirement and a specific requirement,
the specific requirement shall be applicable.
3.07.02.02
Areas to which this ordinance applies
This ordinance shall apply to all flood hazard areas within the City of Lake Helen,
as established in Section 3.07.02.03.00 of this ordinance.
3.07.02.03.00 Basis for establishing flood hazard areas
The Flood Insurance Study for Volusia County, Florida and Incorporated Areas
dated February 19, 2014, and all subsequent amendments and revisions, and the
accompanying Flood Insurance Rate Maps (FIRM), and all subsequent
amendments and revisions to such maps, are adopted by reference as a part of this
ordinance and shall serve as the minimum basis for establishing flood hazard areas.
Studies and maps that establish flood hazard areas are on file at the Building &
Zoning Office in the Kelly Administration Building, 123 W. Indiana Avenue,
Deland, Florida.
3.07.02.03.01 Submission of additional data to establish flood hazard areas
To establish flood hazard areas and base flood elevations, pursuant to Section
3.07.05.00 of this ordinance the Floodplain Administrator may require submission
of additional data. Where field surveyed topography prepared by a Florida licensed
professional surveyor or digital topography accepted by the community indicates
that ground elevations:
A.
Are below the closest applicable base flood elevation, even in areas not
delineated as a special flood hazard area on a FIRM, the area shall be
considered as flood hazard area and subject to the requirements of this
ordinance and, as applicable, the requirements of the Florida Building
Code.
B.
Are above the closest applicable base flood elevation, the area shall be
regulated as special flood hazard area unless the applicant obtains a Letter
of Map Change that removes the area from the special flood hazard area.
3.07.02.04
Other laws
The provisions of this ordinance shall not be deemed to nullify any provisions of
local, state or federal law.
3.07.02.05
Abrogation and greater restrictions
This ordinance supersedes any ordinance in effect for management of development
in flood hazard areas. However, it is not intended to repeal or abrogate any existing
ordinances including but not limited to land development regulations, zoning
ordinances, stormwater management regulations, or the Florida Building Code. In
the event of a conflict between this ordinance and any other ordinance, the more
restrictive shall govern. This ordinance shall not impair any deed restriction,
covenant or easement, but any land that is subject to such interests shall also be
governed by this ordinance.
3.07.02.06
Interpretation
In the interpretation and application of this ordinance, all provisions shall be:
A.
Considered as minimum requirements;
B.
Liberally construed in favor of the governing body; and
C.
Deemed neither to limit nor repeal any other powers granted under state
statutes.
3.07.03.00
Duties and Powers of the Floodplain Administrator
3.07.03.01
Designation
The City Administrator is designated as the Floodplain Administrator. The
Floodplain Administrator may delegate performance of certain duties to other
employees.
3.07.03.02
General
The Floodplain Administrator is authorized and directed to administer and enforce
the provisions of this ordinance. The Floodplain Administrator shall have the
authority to render interpretations of this ordinance consistent with the intent and
purpose of this ordinance and may establish policies and procedures in order to
clarify the application of its provisions. Such interpretations, policies, and
procedures shall not have the effect of waiving requirements specifically provided
in this ordinance without the granting of a variance pursuant to Section 3.07.07.00
of this ordinance.
3.07.03.03
Applications and permits
The Floodplain Administrator, in coordination with other pertinent offices of the
community, shall:
3.07.03.04
A.
Review applications and plans to determine whether proposed new
development will be located in flood hazard areas;
B.
Review applications for modification of any existing development in flood
hazard areas for compliance with the requirements of this ordinance;
C.
Interpret flood hazard area boundaries where such interpretation is
necessary to determine the exact location of boundaries; a person contesting
the determination shall have the opportunity to appeal the interpretation;
D.
Provide available flood elevation and flood hazard information;
E.
Determine whether additional flood hazard data shall be obtained from
other sources or shall be developed by an applicant;
F.
Review applications to determine whether proposed development will be
reasonably safe from flooding;
G.
Issue floodplain development permits or approvals for development other
than buildings and structures that are subject to the Florida Building Code,
including buildings, structures and facilities exempt from the Florida
Building Code, when compliance with this ordinance is demonstrated, or
disapprove the same in the event of noncompliance; and
H.
Coordinate with and provide comments to the Building Official to assure
that applications, plan reviews, and inspections for buildings and structures
in flood hazard areas comply with the applicable provisions of this
ordinance.
Substantial improvement and substantial damage determinations
For applications for building permits to improve buildings and structures, including
alterations, movement, enlargement, replacement, repair, change of occupancy,
additions, rehabilitations, renovations, substantial improvements, repairs of
substantial damage, and any other improvement of or work on such buildings and
structures, the Floodplain Administrator, in coordination with the Building Official,
shall:
A.
Estimate the market value, or require the applicant to obtain an appraisal of
the market value prepared by a qualified independent appraiser, of the
building or structure before the start of construction of the proposed work;
in the case of repair, the market value of the building or structure shall be
the market value before the damage occurred and before any repairs are
made;
3.07.03.05
B.
Compare the cost to perform the improvement, the cost to repair a damaged
building to its pre-damaged condition, or the combined costs of
improvements and repairs, if applicable, to the market value of the building
or structure;
C.
Determine and document whether the proposed work constitutes substantial
improvement or repair of substantial damage; and
D.
Notify the applicant if it is determined that the work constitutes substantial
improvement or repair of substantial damage and that compliance with the
flood resistant construction requirements of the Florida Building Code and
this ordinance is required.
Modifications of the strict application of the requirements of the Florida
Building Code
The Floodplain Administrator shall review requests submitted to the Building
Official that seek approval to modify the strict application of the flood load and
flood resistant construction requirements of the Florida Building Code to determine
whether such requests require the granting of a variance pursuant to Section
3.07.07.00 of this ordinance.
3.07.03.06
Notices and orders
The Floodplain Administrator shall coordinate with appropriate local agencies for
the issuance of all necessary notices or orders to ensure compliance with this
ordinance.
3.07.03.07
Inspections
The Floodplain Administrator shall make the required inspections as specified in
Section 3.07.06.00 of this ordinance for development that is not subject to the
Florida Building Code, including buildings, structures and facilities exempt from
the Florida Building Code. The Floodplain Administrator shall inspect flood hazard
areas to determine if development is undertaken without issuance of a permit.
3.07.03.08
Other duties of the Floodplain Administrator
The Floodplain Administrator shall have other duties, including but not limited to:
A.
Establish, in coordination with the Building Official, procedures for
administering and documenting determinations of substantial improvement
and substantial damage made pursuant to Section 3.07.03.04 of this
ordinance;
3.07.03.09
B.
Require that applicants proposing alteration of a watercourse notify
adjacent communities and the Florida Division of Emergency Management,
State Floodplain Management Office, and submit copies of such
notifications to the Federal Emergency Management Agency (FEMA);
C.
Require applicants who submit hydrologic and hydraulic engineering
analyses to support permit applications to submit to FEMA the data and
information necessary to maintain the Flood Insurance Rate Maps if the
analyses propose to change base flood elevations, flood hazard area
boundaries, or floodway designations; such submissions shall be made
within 6 months of such data becoming available;
D.
Review required design certifications and documentation of elevations
specified by this ordinance and the Florida Building Code and this
ordinance to determine that such certifications and documentations are
complete; and
E.
Notify the Federal Emergency Management Agency when the corporate
boundaries of the City of Lake Helen are modified.
Floodplain management records
Regardless of any limitation on the period required for retention of public
records, the Floodplain Administrator shall maintain and permanently keep and
make available for public inspection all records that are necessary for the
administration of this ordinance and the flood resistant construction requirements
of the Florida Building Code, including Flood Insurance Rate Maps; Letters of
Change; records of issuance of permits and denial of permits; determinations of
whether proposed work constitutes substantial improvement or repair of substantial
damage; required design certifications and documentation of elevations specified
by the Florida Building Code and this ordinance; notifications to adjacent
communities, FEMA, and the state related to alterations of watercourses;
assurances that the flood carrying capacity of altered watercourses will be
maintained; documentation related to appeals and variances, including justification
for issuance or denial; and records of enforcement actions taken pursuant to this
ordinance and the flood resistant construction requirements of the Florida Building
Code. These records shall be available for public inspection at the City of Lake
Helen City Hall.
3.07.04.00
Permits
3.07.04.01
Permits required
Any owner or owner's authorized agent (hereinafter "applicant") who intends to
undertake any development activity within the scope of this ordinance, including
buildings, structures and facilities exempt from the Florida Building Code, which
is wholly within or partially within any flood hazard area shall first make
application to the Floodplain Administrator, and the Building Official if applicable,
and shall obtain the required permit(s) and approval(s). No such permit or approval
shall be issued until compliance with the requirements of this ordinance and all
other applicable codes and regulations has been satisfied.
3.07.04.02.00 Floodplain development permits or approvals
Floodplain development permits or approvals shall be issued pursuant to this
ordinance for any development activities not subject to the requirements of the
Florida Building Code, including buildings, structures and facilities exempt from
the Florida Building Code. Depending on the nature and extent of proposed
development that includes a building or structure, the Floodplain Administrator
may determine that a floodplain development permit or approval is required in
addition to a building permit.
3.07.04.02.01 Buildings, structures and facilities exempt from the Florida Building Code
Pursuant to the requirements of federal regulation for participation in the National
Flood Insurance Program (44 C.F.R. Sections 59 and 60), floodplain development
permits or approvals shall be required for the following buildings, structures and
facilities that are exempt from the Florida Building Code and any further
exemptions provided by law, which are subject to the requirements of this
ordinance:
A.
Railroads and ancillary facilities associated with the railroad.
B.
Nonresidential farm buildings on farms, as provided in section 604.50, F.S.
C.
Temporary buildings or sheds used exclusively for construction purposes.
D.
Mobile or modular structures used as temporary offices.
E.
Those structures or facilities of electric utilities, as defined in section
366.02, F.S., which are directly involved in the generation, transmission, or
distribution of electricity.
F.
Chickees constructed by the Miccosukee Tribe of Indians of Florida or the
Seminole Tribe of Florida. As used in this paragraph, the term “chickee”
means an open-sided wooden hut that has a thatched roof of palm or
palmetto or other traditional materials, and that does not incorporate any
electrical, plumbing, or other non-wood features.
G.
Family mausoleums not exceeding 250 square feet in area which are
prefabricated and assembled on site or preassembled and delivered on site
and have walls, roofs, and a floor constructed of granite, marble, or
reinforced concrete.
3.07.04.03
H.
Temporary housing provided by the Department of Corrections to any
prisoner in the state correctional system.
I.
Structures identified in section 553.73(10)(k), F.S., are not exempt from the
Florida Building Code if such structures are located in flood hazard areas
established on Flood Insurance Rate Maps
Application for a permit or approval
To obtain a floodplain development permit or approval the applicant shall first file
an application in writing on a form furnished by the community. The information
provided shall:
3.07.04.04
A.
Identify and describe the development to be covered by the permit or
approval.
B.
Describe the land on which the proposed development is to be conducted
by legal description, street address or similar description that will readily
identify and definitively locate the site.
C.
Indicate the use and occupancy for which the proposed development is
intended.
D.
Be accompanied by a site plan or construction documents as specified in
Section 3.07.05.00 of this ordinance.
E.
State the valuation of the proposed work.
F.
Be signed by the applicant or the applicant's authorized agent.
G.
Give such other data and information as required by the Floodplain
Administrator.
Validity of permit or approval
The issuance of a floodplain development permit or approval pursuant to this
ordinance shall not be construed to be a permit for, or approval of, any violation of
this ordinance, the Florida Building Codes, or any other ordinance of this
community. The issuance of permits based on submitted applications, construction
documents, and information shall not prevent the Floodplain Administrator from
requiring the correction of errors and omissions.
3.07.04.05
Expiration
A floodplain development permit or approval shall become invalid unless the work
authorized by such permit is commenced within 180 days after its issuance, or if
the work authorized is suspended or abandoned for a period of 180 days after the
work commences. Extensions for periods of not more than 180 days each shall be
requested in writing and justifiable cause shall be demonstrated.
3.07.04.06
Suspension or revocation
The Floodplain Administrator is authorized to suspend or revoke a floodplain
development permit or approval if the permit was issued in error, on the basis of
incorrect, inaccurate or incomplete information, or in violation of this ordinance or
any other ordinance, regulation or requirement of this community.
3.07.04.07
Other permits required
Floodplain development permits and building permits shall include a condition that
all other applicable state or federal permits be obtained before commencement of
the permitted development, including but not limited to the following:
A.
The St. Johns River Water Management District; section 373.036, F.S.
B.
Florida Department of Health for onsite sewage treatment and disposal
systems; section 381.0065, F.S. and Chapter 64E-6, F.A.C.
C.
Florida Department of Environmental Protection for activities subject to the
Joint Coastal Permit; section 161.055, F.S.
D.
Florida Department of Environmental Protection for activities that affect
wetlands and alter surface water flows, in conjunction with the U.S. Army
Corps of Engineers; Section 404 of the Clean Water Act.
E.
Federal permits and approvals.
3.07.05.00
Site Plans and Construction Documents
3.07.05.01
Information for development in flood hazard areas
The site plan or construction documents for any development subject to the
requirements of this ordinance shall be drawn to scale and shall include, as
applicable to the proposed development:
A.
Delineation of flood hazard areas, floodway boundaries and flood zone(s),
base flood elevation(s), and ground elevations if necessary for review of the
proposed development.
B.
Where base flood elevations, or floodway data are not included on the FIRM
or in the Flood Insurance Study, they shall be established in accordance with
Section 3.07.05.02 B. or C. of this ordinance.
C.
Where the parcel on which the proposed development will take place will
have more than 50 lots or is larger than 5 acres and the base flood elevations
are not included on the FIRM or in the Flood Insurance Study, such
elevations shall be established in accordance with Section 3.07.05.02 A. of
this ordinance.
D.
Location of the proposed activity and proposed structures, and locations of
existing buildings and structures.
E.
Location, extent, amount, and proposed final grades of any filling, grading,
or excavation.
F.
Where the placement of fill is proposed, the amount, type, and source of fill
material; compaction specifications; a description of the intended purpose
of the fill areas; and evidence that the proposed fill areas are the minimum
necessary to achieve the intended purpose.
G.
Existing and proposed alignment of any proposed alteration of a
watercourse.
The Floodplain Administrator is authorized to waive the submission of site plans,
construction documents, and other data that are required by this ordinance but that
are not required to be prepared by a registered design professional if it is found that
the nature of the proposed development is such that the review of such submissions
is not necessary to ascertain compliance with this ordinance.
3.07.05.02
Information in flood hazard areas without base flood elevations (approximate
Zone A)
Where flood hazard areas are delineated on the FIRM and base flood elevation data
have not been provided, the Floodplain Administrator shall:
A.
Require the applicant to include base flood elevation data prepared in
accordance with currently accepted engineering practices.
B.
Obtain, review, and provide to applicants base flood elevation and floodway
data available from a federal or state agency or other source or require the
applicant to obtain and use base flood elevation and floodway data available
from a federal or state agency or other source.
C.
Where base flood elevation and floodway data are not available from
another source, where the available data are deemed by the Floodplain
Administrator to not reasonably reflect flooding conditions, or where the
available data are known to be scientifically or technically incorrect or
otherwise inadequate:
D.
3.07.05.03
1.
Require the applicant to include base flood elevation data prepared
in accordance with currently accepted engineering practices; or
2.
Specify that the base flood elevation is two (2) feet above the highest
adjacent grade at the location of the development, provided there is
no evidence indicating flood depths have been or may be greater
than two (2) feet.
Where the base flood elevation data are to be used to support a Letter of
Map Change from FEMA, advise the applicant that the analyses shall be
prepared by a Florida licensed engineer in a format required by FEMA, and
that it shall be the responsibility of the applicant to satisfy the submittal
requirements and pay the processing fees.
Additional analyses and certifications
As applicable to the location and nature of the proposed development activity, and
in addition to the requirements of this section, the applicant shall have the following
analyses signed and sealed by a Florida licensed engineer for submission with the
site plan and construction documents:
A.
For development activities proposed to be located in a regulatory floodway,
a floodway encroachment analysis that demonstrates that the encroachment
of the proposed development will not cause any increase in base flood
elevations; where the applicant proposes to undertake development
activities that do increase base flood elevations, the applicant shall submit
such analysis to FEMA as specified in Section 3.07.05.04 of this ordinance
and shall submit the Conditional Letter of Map Revision, if issued by
FEMA, with the site plan and construction documents.
B.
For development activities proposed to be located in a riverine flood hazard
area for which base flood elevations are included in the Flood Insurance
Study or on the FIRM and floodways have not been designated, hydrologic
and hydraulic analyses that demonstrate that the cumulative effect of the
proposed development, when combined with all other existing and
anticipated flood hazard area encroachments, will not increase the base
flood elevation more than one (1) foot at any point within the community.
This requirement does not apply in isolated flood hazard areas not
connected to a riverine flood hazard area or in flood hazard areas identified
as Zone AO or Zone AH.
C.
For alteration of a watercourse, an engineering analysis prepared in
accordance with standard engineering practices which demonstrates that the
flood-carrying capacity of the altered or relocated portion of the
watercourse will not be decreased, and certification that the altered
watercourse shall be maintained in a manner which preserves the channel's
flood-carrying capacity; the applicant shall submit the analysis to FEMA as
specified in Section 3.07.05.04 of this ordinance.
3.07.05.04
Submission of additional data
When additional hydrologic, hydraulic or other engineering data, studies, and
additional analyses are submitted to support an application, the applicant has the
right to seek a Letter of Map Change from FEMA to change the base flood
elevations, change floodway boundaries, or change boundaries of flood hazard
areas shown on FIRMs, and to submit such data to FEMA for such purposes. The
analyses shall be prepared by a Florida licensed engineer in a format required by
FEMA. Submittal requirements and processing fees shall be the responsibility of
the applicant.
3.07.06.00
Inspections
3.07.06.01.00 General
Development for which a floodplain development permit or approval is required
shall be subject to inspection.
3.07.06.01.01 Development other than buildings and structures
The Floodplain Administrator shall inspect all development to determine
compliance with the requirements of this ordinance and the conditions of issued
floodplain development permits or approvals.
3.07.06.01.02 Buildings, structures and facilities exempt from the Florida Building Code
The Floodplain Administrator shall inspect buildings, structures and facilities
exempt from the Florida Building Code to determine compliance with the
requirements of this ordinance and the conditions of issued floodplain development
permits or approvals.
A.
Buildings, structures and facilities exempt from the Florida Building
Code, lowest floor inspection.
Upon placement of the lowest floor, including basement, and prior to further
vertical construction, the owner of a building, structure or facility exempt
from the Florida Building Code, or the owner's authorized agent, shall
submit to the Floodplain Administrator:
1.
If a design flood elevation was used to determine the required
elevation of the lowest floor, the certification of elevation of the
lowest floor prepared and sealed by a Florida licensed professional
surveyor; or
2.
B.
If the elevation used to determine the required elevation of the
lowest floor was determined in accordance with 3.07.05.02 C. 2. of
this ordinance, the documentation of height of the lowest floor
above highest adjacent grade, prepared by the owner or the owner's
authorized agent.
Buildings, structures and facilities exempt from the Florida Building
Code, final inspection.
As part of the final inspection, the owner or owner's authorized agent shall
submit to the Floodplain Administrator a final certification of elevation of
the lowest floor or final documentation of the height of the lowest floor
above the highest adjacent grade; such certifications and documentations
shall be prepared as specified in Section 3.07.06.01.02 A. of this ordinance.
3.07.06.01.03 Manufactured homes
The Building Official shall inspect manufactured homes that are installed or
replaced in flood hazard areas to determine compliance with the requirements of
this ordinance and the conditions of the issued permit. Upon placement of a
manufactured home, certification of the elevation of the lowest floor shall be
submitted to the Building Official.
3.07.07.00
Variances and Appeals
3.07.07.01
General
The City Commission, or its duly designated board, shall hear and decide on
requests for appeals and requests for variances from the strict application of this
ordinance. Pursuant to section 553.73(5), F.S., the City Commission, or its duly
designated board, shall hear and decide on requests for appeals and requests for
variances from the strict application of the flood resistant construction requirements
of the Florida Building Code.
3.07.07.02
Appeals
The City Commission, or its duly designated board, shall hear and decide appeals
when it is alleged there is an error in any requirement, decision, or determination
made by the Floodplain Administrator in the administration and enforcement of this
ordinance. Any person aggrieved by the decision of City Commission, or its duly
designated board, may appeal such decision to the Circuit Court, as provided by
Florida Statutes.
3.07.07.03.00 Limitations on authority to grant variances
The City Commission, or its duly designated board, shall base its decisions on
variances on technical justifications submitted by applicants, the considerations for
issuance in Section 3.07.07.06 of this ordinance, the conditions of issuance set forth
in Section 3.07.07.07 of this ordinance, and the comments and recommendations
of the Floodplain Administrator and the Building Official. The City Commission,
or its duly designated board, has the right to attach such conditions as it deems
necessary to further the purposes and objectives of this ordinance.
3.07.07.03.01 Restrictions in floodways
A variance shall not be issued for any proposed development in a floodway if any
increase in base flood elevations would result, as evidenced by the applicable
analyses and certifications required in Section 3.07.05.03 of this ordinance.
3.07.07.04
Historic buildings
A variance is authorized to be issued for the repair, improvement, or rehabilitation
of a historic building that is determined eligible for the exception to the flood
resistant construction requirements of the Florida Building Code, Existing
Building, Chapter 11 Historic Buildings, upon a determination that the proposed
repair, improvement, or rehabilitation will not preclude the building's continued
designation as a historic building and the variance is the minimum necessary to
preserve the historic character and design of the building. If the proposed work
precludes the building's continued designation as a historic building, a variance
shall not be granted and the building and any repair, improvement, and
rehabilitation shall be subject to the requirements of the Florida Building Code.
3.07.07.05
Functionally dependent uses
A variance is authorized to be issued for the construction or substantial
improvement necessary for the conduct of a functionally dependent use, as defined
in this ordinance, provided the variance meets the requirements of 3.07.07.03.01,
is the minimum necessary considering the flood hazard, and all due consideration
has been given to use of methods and materials that minimize flood damage during
occurrence of the base flood.
3.07.07.06
Considerations for issuance of variances
In reviewing requests for variances, the City Commission, or its duly designated
board, shall consider all technical evaluations, all relevant factors, all other
applicable provisions of the Florida Building Code, this ordinance, and the
following:
A.
The danger that materials and debris may be swept onto other lands
resulting in further injury or damage;
B.
The danger to life and property due to flooding or erosion damage;
3.07.07.07
C.
The susceptibility of the proposed development, including contents, to flood
damage and the effect of such damage on current and future owners;
D.
The importance of the services provided by the proposed development to
the community;
E.
The availability of alternate locations for the proposed development that are
subject to lower risk of flooding or erosion;
F.
The compatibility of the proposed development with existing and
anticipated development;
G.
The relationship of the proposed development to the comprehensive plan
and floodplain management program for the area;
H.
The safety of access to the property in times of flooding for ordinary and
emergency vehicles;
I.
The expected heights, velocity, duration, rate of rise and debris and
sediment transport of the floodwaters and the effects of wave action, if
applicable, expected at the site; and
J.
The costs of providing governmental services during and after flood
conditions including maintenance and repair of public utilities and facilities
such as sewer, gas, electrical and water systems, streets and bridges.
Conditions for issuance of variances
Variances shall be issued only upon:
A.
Submission by the applicant, of a showing of good and sufficient cause that
the unique characteristics of the size, configuration, or topography of the
site limit compliance with any provision of this ordinance or the required
elevation standards;
B.
Determination by the City Commission, or its duly designated board, that:
1.
Failure to grant the variance would result in exceptional hardship
due to the physical characteristics of the land that render the lot
undevelopable; increased costs to satisfy the requirements or
inconvenience do not constitute hardship;
2.
The granting of a variance will not result in increased flood heights,
additional threats to public safety, extraordinary public expense, nor
create nuisances, cause fraud on or victimization of the public or
conflict with existing local laws and ordinances; and
3.
The variance is the minimum necessary, considering the flood
hazard, to afford relief;
C.
Receipt of a signed statement by the applicant that the variance, if granted,
shall be recorded in the Office of the Clerk of the Court in such a manner
that it appears in the chain of title of the affected parcel of land; and
D.
If the request is for a variance to allow construction of the lowest floor of
a new building, or substantial improvement of a building, below the
required elevation, a copy in the record of a written notice from the
Floodplain Administrator to the applicant for the variance, specifying the
difference between the base flood elevation and the proposed elevation of
the lowest floor, stating that the cost of federal flood insurance will be
commensurate with the increased risk resulting from the reduced floor
elevation (up to amounts as high as $25 for $100 of insurance coverage},
and stating that construction below the base flood elevation increases risks
to life and property.
3.07.08.00
VIOLATIONS
3.07.08.01
Violations6
Any development that is not within the scope of the Florida Building Code but that
is regulated by this ordinance that is performed without an issued permit, that is in
conflict with an issued permit, or that does not fully comply with this ordinance,
shall be deemed a violation of this ordinance. A building or structure without the
documentation of elevation of the lowest floor, other required design certifications,
or other evidence of compliance required by this ordinance or the Florida Building
Code is presumed to be a violation until such time as that documentation is
provided.
3.07.08.02
Authority
For development that is not within the scope of the Florida Building Code but that
is regulated by this ordinance and that is determined to be a violation, the
Floodplain Administrator is authorized to serve notices of violation or stop work
orders to owners of the property involved, to the owner's agent, or to the person or
persons performing the work.
3.07.08.03
Unlawful continuance
Any person who shall continue any work after having been served with a notice of
violation or a stop work order, except such work as that person is directed to
6
Cross-reference - Article 1 General Provisions, Section 1.11.02 General Penalty
perform to remove or remedy a violation or unsafe condition, shall be subject to
penalties as prescribed by law.
3.08.00.00
DEFINITIONS
3.08.01.00
General
3.08.01.01
Scope
Unless otherwise expressly stated, the following words and terms shall, for the
purposes of this ordinance, have the meanings shown in this section.
3.08.01.02
Terms defined in the Florida Building Code
Where terms are not defined in this ordinance and are defined in the Florida
Building Code, such terms shall have the meanings ascribed to them in that code.
3.08.01.03
Terms not defined
Where terms are not defined in this ordinance or the Florida Building Code, such
terms shall have ordinarily accepted meanings such as the context implies.
3.08.02.00
Definitions
Alteration of a watercourse. A dam, impoundment, channel relocation, change in
channel alignment, channelization, or change in cross-sectional area of the channel
or the channel capacity, or any other form of modification which may alter, impede,
retard or change the direction and/or velocity of the riverine flow of water during
conditions of the base flood.
Appeal. A request for a review of the Floodplain Administrator's interpretation of
any provision of this ordinance or a request for a variance.
ASCE 24. A standard titled Flood Resistant Design and Construction that is
referenced by the Florida Building Code. ASCE 24 is developed and published by
the American Society of Civil Engineers, Reston, VA.
Base flood. A flood having a 1-percent chance of being equaled or exceeded in any
given year. [Also defined in FBC, B, Section 1612.2.] The base flood is commonly
referred to as the "100-year flood” or the "1-percent-annual chance flood."
Base flood elevation. The elevation of the base flood, including wave height,
relative to the National Geodetic Vertical Datum (NGVD), North American
Vertical Datum (NAVO) or other datum specified on the Flood Insurance Rate Map
(FIRM). [Also defined in FBC, B, Section 1612.2.]
Basement. The portion of a building having its floor subgrade (below ground level)
on all sides. [Also defined in FBC, B, Section 1612.2.]
Design flood. The flood associated with the greater of the following two areas:
[Also defined in FBC, B, Section 1612.2.]
(1)
Area with a floodplain subject to a 1-percent or greater chance of
flooding in any year; or
(2)
Area designated as a flood hazard area on the community's flood
hazard map, or otherwise legally designated.
Design flood elevation. The elevation of the "design flood," including wave height,
relative to the datum specified on the community's legally designated flood hazard
map. In areas designated as Zone AO, the design flood elevation shall be the
elevation of the highest existing grade of the building's perimeter plus the depth
number (in feet) specified on the flood hazard map. In areas designated as Zone AO
where the depth number is not specified on the map, the depth number shall be
taken as being equal to 2 feet. [Also defined in FBC, B, Section 1612.2.]
Development. Any man-made change to improved or unimproved real estate,
including but not limited to, buildings or other structures, tanks, temporary
structures, temporary or permanent storage of equipment or materials, mining,
dredging, filling, grading, paving, excavations, drilling operations or any other
land disturbing activities.
Encroachment. The placement of fill, excavation, buildings, permanent structures
or other development into a flood hazard area which may impede or alter the flow
capacity of riverine flood hazard areas.
Existing building and existing structure. Any buildings and structures for which
the "start of construction" commenced before March, 18 2004. [Also defined in
FBC, B, Section 1612.2.]
Existing Manufactured Home Park or subdivision. A manufactured home park
or subdivision for which the construction of facilities for servicing the lots on which
the manufactured homes are to be affixed (including, at a minimum, the installation
of utilities, the construction of streets, and either final site grading or the pouring
of concrete pads) is completed before March, 18 2004.
Expansion to an existing manufactured home park or subdivision. The
preparation of additional sites by the construction of facilities for servicing the lots
on which the manufactured homes are to be affixed (including the installation of
utilities, the construction of streets, and either final site grading or the pouring of
concrete pads).
Federal Emergency Management Agency (FEMA). The federal agency that, in
addition to carrying out other functions, administers the National Flood Insurance
Program.
Flood or flooding. A general and temporary condition of partial or complete
inundation of normally dry land from: [Also defined in FBC, B, Section 1612.2.]
(1)
The overflow of inland or tidal waters.
(2)
The unusual and rapid accumulation or runoff of surface waters
from any source.
Flood damage-resistant materials. Any construction material capable of
withstanding direct and prolonged contact with floodwaters without sustaining any
damage that requires more than cosmetic repair. [Also defined in FBC, B, Section
1612.2.]
Flood hazard area. The greater of the following two areas: [Also defined in FBC,
B, Section 1612.2.]
(1)
The area within a floodplain subject to a 1-percent or greater chance
of flooding in any year.
(2)
The area designated as a flood hazard area on the community's flood
hazard map, or otherwise legally designated.
Flood Insurance Rate Map (FIRM). The official map of the community on which
the Federal Emergency Management Agency has delineated both special flood
hazard areas and the risk premium zones applicable to the community. [Also
defined in FBC, B, Section 1612.2.]
Flood Insurance Study (FIS). The official report provided by the Federal
Emergency Management Agency that contains the Flood Insurance Rate Map, the
Flood Boundary and Floodway Map (if applicable), the water surface elevations of
the base flood, and supporting technical data. [Also defined in FBC, B, Section
1612.2.]
Floodplain Administrator. The office or position designated and charged with the
administration and enforcement of this ordinance (may be referred to as the
Floodplain Manager).
Floodplain development permit or approval. An official document or certificate
issued by the community, or other evidence of approval or concurrence, which
authorizes performance of specific development activities that are located in flood
hazard areas and that are determined to be compliant with this ordinance.
Floodway. The channel of a river or other riverine watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood without
cumulatively increasing the water surface elevation more than one (1) foot. [Also
defined in FBC, B, Section 1612.2.]
Floodway encroachment analysis. An engineering analysis of the impact that a
proposed encroachment into a floodway is expected to have on the floodway
boundaries and base flood elevations; the evaluation shall be prepared by a
qualified Florida licensed engineer using standard engineering methods and
models.
Florida Building Code. The family of codes adopted by the Florida Building
Commission, including: Florida Building Code, Building; Florida Building Code,
Residential; Florida Building Code, Existing Building; Florida Building Code,
Mechanical; Florida Building Code, Plumbing; Florida Building Code, Fuel Gas.
Functionally dependent use. A use which cannot perform its intended purpose
unless it is located or carried out in close proximity to water, including only
docking facilities, port facilities that are necessary for the loading and unloading
of cargo or passengers, and ship building and ship repair facilities; the term does
not include long-term storage or related manufacturing facilities.
Highest adjacent grade. The highest natural elevation of the ground surface prior
to construction next to the proposed walls or foundation of a structure.
Historic structure. Any structure that is determined eligible for the exception to
the flood hazard area requirements of the Florida Building Code, Existing Building,
Chapter 11 Historic Buildings.
Letter of Map Change (LOMC). An official determination issued by FEMA that
amends or revises an effective Flood Insurance Rate Map or Flood Insurance Study.
Letters of Map Change include:
Letter of Map Amendment (LOMA): An amendment based on technical
data showing that a property was incorrectly included in a designated
special flood hazard area. A LOMA amends the current effective Flood
Insurance Rate Map and establishes that a specific property, portion of a
property, or structure is not located in a special flood hazard area.
Letter of Map Revision (LOMR): A revision based on technical data that
may show changes to flood zones, flood elevations, special flood hazard
area boundaries and floodway delineations, and other planimetric features.
Letter of Map Revision Based on Fill (LOMR-F): A determination that a
structure or parcel of land has been elevated by fill above the base flood
elevation and is, therefore, no longer located within the special flood hazard
area. In order to qualify for this determination, the fill must have been
permitted and placed in accordance with the community's floodplain
management regulations.
Conditional Letter of Map Revision (CLOMR): A formal review and
comment as to whether a proposed flood protection project or other project
complies with the minimum NFIP requirements for such projects with
respect to delineation of special flood hazard areas. A CLOMR does not
revise the effective Flood Insurance Rate Map or Flood Insurance Study;
upon submission and approval of certified as-built documentation, a Letter
of Map Revision may be issued by FEMA to revise the effective FIRM.
Light-duty truck. As defined in 40 C.F.R. 86.082-2, any motor vehicle rated at
8,500 pounds Gross Vehicular Weight Rating or less which has a vehicular curb
weight of 6,000 pounds or less and which has a basic vehicle frontal area of 45
square feet or less, which is:
(1)
Designed primarily for purposes of transportation of property or is
a derivation of such a vehicle, or
(2)
Designed primarily for transportation of persons and has a capacity
of more than 12 persons; or
(3)
Available with special features enabling off-street or off-highway
operation and use.
Lowest floor. The lowest floor of the lowest enclosed area of a building or
structure, including basement, but excluding any unfinished or flood-resistant
enclosure, other than a basement, usable solely for vehicle parking, building access
or limited storage provided that such enclosure is not built so as to render the
structure in violation of the non-elevation requirements of the Florida Building
Code or ASCE 24. [Also defined in FBC, B, Section 1612.2.]
Manufactured home. A structure, transportable in one or more sections, which is
eight (8) feet or more in width and greater than four hundred (400) square feet, and
which is built on a permanent, integral chassis and is designed for use with or
without a permanent foundation when attached to the required utilities. The term
"manufactured home" does not include a "recreational vehicle" or "park trailer."
[Also defined in 1SC-1.0101, F.A.C.]
Manufactured home park or subdivision. A parcel (or contiguous parcels) of
land divided into two or more manufactured home lots for rent or sale.
Market value. The price at which a property will change hands between a willing
buyer and a willing seller, neither party being under compulsion to buy or sell and
both having reasonable knowledge of relevant facts. As used in this ordinance, the
term refers to the market value of buildings and structures, excluding the land and
other improvements on the parcel. Market value may be established by a qualified
independent appraiser, Actual Cash Value (replacement cost depreciated for age
and quality of construction), or tax assessment value adjusted to approximate
market value by a factor provided by the Property Appraiser.
New construction. For the purposes of administration of this ordinance and the
flood resistant construction requirements of the Florida Building Code, structures
for which the "start of construction" commenced on or after March 18, 2004 and
includes any subsequent improvements to such structures .
New manufactured home park or subdivision. A manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which
the manufactured homes are to be affixed (including at a minimum, the installation
of utilities, the construction of streets, and either final site grading or the pouring
of concrete pads) is completed on or after March 18, 2004.
Park trailer. A transportable unit which has a body width not exceeding fourteen
(14) feet and which is built on a single chassis and is designed to provide seasonal
or temporary living quarters when connected to utilities necessary for operation of
installed fixtures and appliances. [Defined in section 320.01, F.S.]
Recreational vehicle. A vehicle, including a park trailer, which is: [see in section
320.01, F.S.)
(1)
Built on a single chassis;
(2)
Four hundred (400) square feet or less when measured at the largest
horizontal projection;
(3)
Designed to be self-propelled or permanently towable by a lightduty truck; and
(4)
Designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or
seasonal use.
Special flood hazard area. An area in the floodplain subject to a 1 percent or
greater chance of flooding in any given year. Special flood hazard areas are shown
on FIRMs as Zone A, AO, A1-A30, AE, A99, AH, V1-V30, VE or V. [Also defined
in FBC, B Section 1612.2.]
Start of construction. The date of issuance for new construction and substantial
improvements to existing structures, provided the actual start of construction,
repair, reconstruction, rehabilitation, addition, placement, or other improvement is
within 180 days of the date of the issuance. The actual start of construction means
either the first placement of permanent construction of a building (including a
manufactured home) on a site, such as the pouring of slab or footings, the
installation of piles, the construction of columns.
Permanent construction does not include land preparation (such as clearing,
grading, or filling), the installation of streets or walkways, excavation for a
basement, footings, piers, or foundations, the erection of temporary forms or the
installation of accessory buildings such as garages or sheds not occupied as
dwelling units or not part of the main buildings. For a substantial improvement, the
actual "start of construction" means the first alteration of any wall, ceiling, floor or
other structural part of a building, whether or not that alteration affects the external
dimensions of the building. [Also defined in FBC, B Section 1612.2.]
Substantial damage. Damage of any origin sustained by a building or structure
whereby the cost of restoring the building or structure to its before-damaged
condition would equal or exceed 50 percent of the market value of the building or
structure before the damage occurred. [Also defined in FBC, B Section 1612.2.]
Substantial improvement. Any repair, reconstruction, rehabilitation, addition, or
other improvement of a building or structure, the cost of which equals or exceeds
50 percent of the market value of the building or structure before the improvement
or repair is started. If the structure has incurred "substantial damage,” any repairs
are considered substantial improvement regardless of the actual repair work
performed. The term does not, however, include either: [Also defined in FBC, B,
Section 1612.2.]
(1)
Any project for improvement of a building required to correct
existing health, sanitary, or safety code violations identified by the
building official and that are the minimum necessary to assure safe
living conditions .
(2)
Any alteration of a historic structure provided the alteration will not
preclude the structure's continued designation as a historic structure.
[See Instructions and Notes]
Variance. A grant of relief from the requirements of this ordinance, or the flood
resistant construction requirements of the Florida Building Code, which permits
construction in a manner that would not otherwise be permitted by this ordinance
or the Florida Building Code.
Watercourse. A river, creek, stream, channel or other topographic feature in, on,
through, or over which water flows at least periodically.
3.09.00.00
FLOOD RESISTANT DEVELOPMENT
3.09.01.00
Buildings and Structures
3.09.01.01
Design and construction of buildings, structures and facilities exempt from
the Florida Building Code
Pursuant to Section 3.07.06.01.02 of this ordinance, buildings, structures, and
facilities that are exempt from the Florida Building Code, including substantial
improvement or repair of substantial damage of such buildings, structures and
facilities, shall be designed and constructed in accordance with the flood load and
flood resistant construction requirements of ASCE 24. Structures exempt from the
Florida Building Code that are not walled and roofed buildings shall comply with
the requirements of Section 3.09.07.00 of this ordinance.
3.09.02.00
Subdivisions
3.09.02.01
Minimum requirements
Subdivision proposals, including proposals for manufactured home parks and
subdivisions, shall be reviewed to determine that:
3.09.02.02
A.
Such proposals are consistent with the need to minimize flood damage and
will be reasonably safe from flooding;
B.
All public utilities and facilities such as sewer, gas, electric,
communications, and water systems are located and constructed to
minimize or eliminate flood damage; and
C.
Adequate drainage is provided to reduce exposure to flood hazards; in
Zones AH and AO, adequate drainage paths shall be provided to guide
floodwaters around and away from proposed structures.
Subdivision plats
Where any portion of proposed subdivisions, including manufactured home parks
and subdivisions, lies within a flood hazard area, the following shall be required:
A.
Delineation of flood hazard areas, floodway boundaries and flood zones,
and design flood elevations, as appropriate, shall be shown on preliminary
plats;
B.
Where the subdivision has more than 50 lots or is larger than 5 acres and
base flood elevations are not included on the FIRM, the base flood
elevations determined in accordance with Section 3.07.05.02 A. of this
ordinance; and
C.
Compliance with the site improvement and utilities requirements of Section
3.09.03.00 of this ordinance.
3.09.03.00
Site Improvements, Utilities and Limitations
3.09.03.01
Minimum requirements
All proposed new development shall be reviewed to determine that:
3.09.03.02
A.
Such proposals are consistent with the need to minimize flood damage and
will be reasonably safe from flooding;
B.
All public utilities and facilities such as sewer, gas, electric,
communications, and water systems are located and constructed to
minimize or eliminate flood damage; and
C.
Adequate drainage is provided to reduce exposure to flood hazards; in
Zones AH and AO, adequate drainage paths shall be provided to guide
floodwaters around and away from proposed structures.
Sanitary sewage facilities
All new and replacement sanitary sewage facilities, private sewage treatment plants
(including all pumping stations and collector systems), and on-site waste disposal
systems shall be designed in accordance with the standards for onsite sewage
treatment and disposal systems in Chapter 64E-6, F.A.C. and ASCE 24 Chapter 7
to minimize or eliminate infiltration of floodwaters into the facilities and discharge
from the facilities into flood waters, and impairment of the facilities and systems.
3.09.03.03
Water supply facilities
All new and replacement water supply facilities shall be designed in accordance
with the water well construction standards in Chapter 62-532.500, F.A.C. and
ASCE 24 Chapter 7 to minimize or eliminate infiltration of floodwaters into the
systems.
3.09.03.04
Limitations on sites in regulatory floodways
No development, including but not limited to site improvements, and land
disturbing activity involving fill or regrading, shall be authorized in the regulatory
floodway unless the floodway encroachment analysis required in Section
3.07.05.03 A. of this ordinance demonstrates that the proposed development or !and
disturbing activity will not result in any increase in the base flood elevation.
3.09.03.05
Limitations on placement of fill
Subject to the limitations of this ordinance, fill shall be designed to be stable under
conditions of flooding including rapid rise and rapid drawdown of floodwaters,
prolonged inundation, and protection against flood-related erosion and scour. In
addition to these requirements, if intended to support buildings and structures (Zone
A only), fill shall comply with the requirements of the Florida Building Code.
3.09.04.00
Manufactured Homes
3.09.04.01
General
All manufactured homes installed in flood hazard areas shall be installed by an
installer that is licensed pursuant to section 320.8249, F.S., and shall comply with
the requirements of Chapter 15C-1, F.A.C. and the requirements of this ordinance.
3.09.04.02
Foundations
All new manufactured homes and replacement manufactured homes installed in
flood hazard areas shall be installed on permanent, reinforced foundations that are
designed in accordance with the foundation requirements of the Florida Building
Code Residential Section R322.2 and this ordinance.
3.09.04.03
Anchoring
All new manufactured homes and replacement manufactured homes shall be
installed using methods and practices which minimize flood damage and shall be
securely anchored to an adequately anchored foundation system to resist flotation,
collapse or lateral movement. Methods of anchoring include, but are not limited to,
use of over-the-top or frame ties to ground anchors. This anchoring requirement is
in addition to applicable state and local anchoring requirements for wind resistance.
3.09.04.04.00 Elevation
Manufactured homes that are placed, replaced, or substantially improved shall
comply with Section 3.09.04.04.01 or 3.09.04.04.02 of this ordinance, as
applicable.
3.09.04.04.01 General elevation requirement
Unless subject to the requirements of Section 3.09.04.04.02 of this ordinance, all
manufactured homes that are placed, replaced, or substantially improved on sites
located: (a) outside of a manufactured home park or subdivision; (b) in a new
manufactured home park or subdivision; (c) in an expansion to an existing
manufactured home park or subdivision; or (d) in an existing manufactured home
park or subdivision upon which a manufactured home has incurred "substantial
damage" as the result of a flood, shall be elevated such that the bottom of the frame
is at or above the elevation required, as applicable to the flood hazard area, in the
Florida Building Code, Residential Section R322.2 (Zone A).
3.09.04.04.02 Elevation requirement for certain existing manufactured home parks and
subdivisions
Manufactured homes that are not subject to Section 3.09.04.04.01 of this ordinance,
including manufactured homes that are placed, replaced, or substantially improved
on sites located in an existing manufactured home park or subdivision, unless on a
site where substantial damage as result of flooding has occurred, shall be elevated
such that either the:
3.09.04.05
A.
Bottom of the frame of the manufactured home is at or above the elevation
required in the Florida Building Code, Residential Section R322.2 (Zone
A); or
B.
Bottom of the frame is supported by •reinforced piers or other foundation
elements of at least equivalent strength that are not less than 36 inches in
height above grade.
Enclosures
Enclosed areas below elevated manufactured homes shall comply with the
requirements of the Florida Building Code, Residential Section R322 for such
enclosed areas.
3.09.04.06
Utility equipment
Utility equipment that serves manufactured homes, including electric, heating,
ventilation, plumbing, and air conditioning equipment and other service facilities,
shall comply with the requirements of the Florida Building Code, Residential
Section R322.
3.09.05.00
Recreational Vehicles and Park Trailers
3.09.05.01
Temporary placement
Recreational vehicles and park trailers placed temporarily in flood hazard areas
shall:
3.09.05.02
A.
Be on the site for fewer than 180 consecutive days; or
B.
Be fully licensed and ready for highway use, which means the recreational
vehicle or park model is on wheels or jacking system, is attached to the site
only by quick disconnect type utilities and security devices, and has no
permanent attachments such as additions, rooms, stairs, decks and porches.
Permanent placement
Recreational vehicles and park trailers that do not meet the limitations in Section
3.09.05.01 of this ordinance for temporary placement shall meet the requirements
of Section 3.09.04.00 of this ordinance for manufactured homes.
3.09.06.00
Tanks
3.09.06.01
Underground tanks
Underground tanks in flood hazard areas shall be anchored to prevent flotation,
collapse or lateral movement resulting from hydrodynamic and hydrostatic loads
during conditions of the design flood, including the effects of buoyancy assuming
the tank is empty.
3.09.06.02
Above-ground tanks, not elevated
Above-ground tanks that do not meet the elevation requirements of Section
3.09.06.03 of this ordinance shall be permitted in flood hazard areas provided the
tanks are anchored or otherwise designed and constructed to prevent flotation,
collapse or-lateral-movement resulting- from hydrodynamic and hydrostatic -loads
during conditions of the design flood, including the effects of buoyancy assuming
the tank is empty and the effects of flood-borne debris.
3.09.06.03
Above-ground tanks, elevated
Above-ground tanks in flood hazard areas shall be attached to and elevated to or
above the design flood elevation on a supporting structure that is designed to
prevent flotation, collapse or lateral movement during conditions of the design
flood. Tank-supporting structures shall meet the foundation requirements of the
applicable flood hazard area.
3.09.06.04
Tank inlets and vents
Tank inlets, fill openings, outlets and vents shall be:
A.
At or above the design flood elevation or fitted with covers designed to
prevent the inflow of floodwater or outflow of the contents of the tanks
during conditions of the design flood; and
B.
Anchored to prevent lateral movement resulting from hydrodynamic and
hydrostatic loads, including the effects of buoyancy, during conditions of
the design flood.
3.09.07.00
Other Development
3.09.07.01
General requirements for other development
All development, including man-made changes to improved or unimproved real
estate for which specific provisions are not specified in this ordinance or the Florida
Building Code, shall:
A.
Be located and constructed to minimize flood damage;
B.
Meet the limitations of Section 3.09.03.04 of this ordinance if located in a
regulated floodway;
3.09.07.02
C.
Be anchored to prevent flotation, collapse or lateral movement resulting
from hydrostatic loads, including the effects of buoyancy, during conditions
of the design flood;
D.
Be constructed of flood damage-resistant materials; and
E.
Have mechanical, plumbing, and electrical systems above the design flood
elevation, except that minimum electric service required to address life
safety and electric code requirements is permitted below the design flood
elevation provided it conforms to the provisions of the electrical part of
building code for wet locations.
Fences in regulated floodways
Fences in regulated floodways that have the potential to block the passage of
floodwaters, such as stockade fences and wire mesh fences, shall meet the
limitations of Section 3.09.03.04 of this ordinance.
3.09.07.03
Retaining walls, sidewalks and driveways in regulated floodways
Retaining walls and sidewalks and driveways that involve the placement of fill in
regulated floodways shall meet the limitations of Section 3.09.03.04 of this
ordinance.
3.09.07.04
Roads and watercourse crossings in regulated floodways
Roads and watercourse crossings, including roads, bridges, culverts, low-water
crossings and similar means for vehicles or pedestrians to travel from one side of a
watercourse to the other side, that encroach into regulated floodways shall meet the
limitations of Section 3.09.03.04 of this ordinance. Alteration of a watercourse that
is part of a road or watercourse crossing shall meet the requirements of Section
3.07.05.03 C. of this ordinance.
3.10.00
ADMINISTRATIVE AMENDMENTS TO THE FLORIDA BUILDING
CODE, BUILDING
The Florida Building Code, Building, is hereby amended by the following
administrative amendments:
A.
Modifications of the strict application of the requirements of the Florida
Building Code (Florida Building Code, Building, Section 104.10.1). The
Building Official shall coordinate with the Floodplain Administrator to
review requests submitted to the Building Official that seek approval to
modify the strict application of the flood resistant construction requirements
of the Florida Building Code to determine whether such requests require
the granting of a variance pursuant to Section 3.10.00 D..
3.11.00
B.
Building permits issued on the basis of an affidavit (Florida Building Code,
Building, Section 107.6.1). Pursuant to the requirements of federal
regulation for participation in the National Flood Insurance Program (44
C.F.R. Sections 59 and 60), the authority granted to the Building Official to
issue permits, to rely on inspections, and to accept plans and construction
documents on the basis of affidavits and plans submitted pursuant to Section
3.07.05.00 and Section 3.07.07.07, shall not extend to the flood load and
flood resistance construction requirements of the Florida Building Code.
C.
Variances in flood hazard areas (Florida Building Code, Building, Section
117). Pursuant to section 553 .73(5), F.S., the variance procedures adopted
in the local floodplain management ordinance shall apply to requests
submitted to the Building Official for variances to the provisions of Section
1612.4 of the Florida Building Code, Building or, as applicable, the
provisions of R322 of the Florida Building Code. Residential. This section
shall not apply to Section 3109 of the Florida Building Code, Building.
FISCAL IMPACT STATEMENT
In terms of design, plan application review, construction and inspection of buildings
and structures, the cost impact as an overall average is negligible in regard to the
local technical amendments because all development has been subject to the
requirements of the local floodplain management ordinance adopted for
participation in the National Flood Insurance Program. In terms of lower potential
for flood damage, there will be continued savings and benefits to consumers.
3.12.00
APPLICABILITY
For the purposes of jurisdictional applicability, this ordinance shall apply in the
City of Lake Helen. This ordinance shall apply to all applications for development,
including building permit applications and subdivision proposals, submitted on or
after December 12, 2013.
ARTICLE 4
DEVELOPMENT DESIGN STANDARDS
4.00.00
GENERAL
4.00.01
Purpose
4.00.02
Findings and Legislative Intent, Ordinance 2004-02
4.00.03
Responsibility for Improvements
4.00.04
Site Design Principles
4.01.00
LOT AREA, LOT COVERAGE, AND SETBACKS
4.01.01
Minimum Lot Area Requirements
4.01.02
Impervious Surface Coverage
4.01.03
Building Setback, Height and Site Regulations
4.02.00
LANDSCAPING
4.02.01
General Provisions
4.02.02
Land Clearing
4.02.03
Grading, Filling, and Excavating
4.02.04
Landscaping Requirements
4.02.05
Buffer Area Requirements
4.02.06
Maintenance and Enforcement
ARTICLE 4
DEVELOPMENT DESIGN STANDARDS
4.00.00
GENERAL
4.00.01
Purpose
Establish and articulate development design and improvement standards that will
guide all development activity within the City.
4.00.02
Findings and Legislative Intent, Ordinance 2004-02.
WHEREAS, maintaining the viability of historic churches within the City
of Lake Helen is a key element in maintaining the historic character and small town
atmosphere of the City; and
WHEREAS, the application of sound planning principles has resulted in the
conclusion that setbacks required for certain sized historic churches should be
addressed to maintain their viability; and
WHEREAS, the application of existing land development regulations of the
City with regard to required setbacks for non-residential structures require
amendment in order to comport with sound land use practices and principles and in
order to maintain the viability of certain sized historic churches and the historic
character of the City; and
WHEREAS, the appropriate consideration of land development issues and
the implementation of proper planning and zoning principles and practices are,
therefore, vital to the health, safety, and welfare of the residents of the City of Lake
Helen; and
WHEREAS, the City Commission, based upon the foregoing and the
contents of the various documents presented to and deriving from the deliberations
of the Planning and Land Development Regulation Commission finds that adopting
an amendment to the Code of Ordinances of the City of Lake Helen is appropriate
and will further the interests of the City and its citizens.
(Whereas, Ord. No. 2004-02, 2-5-04).
4.00.03
Responsibility For Improvements
All of the improvements called for in this Article are the sole responsibility of the
Developer.
4.00.04
Site Design Principles
These provisions are designed to establish urban design standards that perpetuate
the positive design elements and residential and commercial development pattern
found in the City. Through these standards, it is the City's intent to accommodate
new development while maintaining compatibility with, and the integrity of,
existing neighborhoods and preserving the town character.
4.01.00
LOT AREA, LOT COVERAGE, AND SETBACKS
4.01.01
Minimum Lot Area Requirements
A total land area sufficient to meet all development design standards in this Code
is required. This shall include, but need not be limited to, land needed for setbacks
from abutting rights-of-way, buffers, stormwater management off-street parking
and circulation, protection of environmentally sensitive lands, and any other
provisions which may require land area to be set aside.
For residential development the gross density of the area shall not exceed that
specified in SECTION 2.02.04.
4.01.02
Impervious Surface Coverage
A.
General
Impervious surface on a development site shall not exceed the ratios
provided in the table in paragraph E of this Section.
B.
Ratio Calculation
The impervious surface ratio is calculated by dividing the total impervious
surface by the gross site area. Water bodies are impervious and shall be
included as such in the impervious surface ratio calculation.
C.
Clustering Development
Clustering development or other site design alternatives can result in
individual lots within a development project exceeding the impervious
surface ratio while other lots are devoted entirely to open space. Although
this is permissible because impervious surface ratios are calculated for the
gross site, the City may require deed restrictions or covenants that guarantee
the maintenance of such open space in perpetuity.
D.
Alternative Paving Materials
If porous paving materials are used, then the area covered shall not be
counted as impervious surface.
E.
Table of Impervious Surface Ratios
Land Use
Low Density Residential (R1)(1 du./1.25 acres)
Low Density Residential (R2)(3 du./1 acre)
Medium Density Residential (R3)
Mixed Commercial (C1)
Large Commercial (C2)
Industrial
Recreation and Open Space
Public Facilities
Max.
Impervious
Surface Ratio
.30
.40
.40
.70
.85
.70
.10
.50
(Ord. 97-4 § 3-20-97)
The above Table is the maximum impervious surface ratios allowed and said maximum
impervious surface ratios are subject to all other provisions of this code including, but not
limited to, stormwater, development standards, et cetera, and therefore, the maximum
impervious surface ratios may be reduced in order to comply with any other provisions of
this code.
4.01.03
Building Setback Requirements
A.
Minimum Setbacks for Residential Development
The following front, rear and side yard setbacks apply to residential
development within the Residential Land Use Districts:
Front Yard - Thirty (30) Feet
Rear Yard - Ten (10) Feet
Side Yard - Ten (10) Feet
On corner lots, a front yard of 30 feet must be maintained and a side yard
of 30 feet shall be required on the street side.
B.
Minimum Setbacks for Non-Residential Development
There are no minimum setbacks required except under the following
condition:
1.
If the development abuts either the side or rear of a lot in a
residential land use district, there shall be a minimum thirty (30) foot
setback required of the development, except that historic churches,
as identified in the January 1993 Historic Properties Survey of Lake
Helen, Florida, which is incorporated herein by this reference
thereto as if fully not forth herein verbatim, that are four thousand
(4,000) square feet or less in size, including accessory structures,
shall maintain a minimum front yard setback of twenty (20) feet and
minimum side and rear yard setback of ten (10) feet.
(Ord. No. 2004-02, §2, 2-5-2004)
C.
D.
Minimum Setbacks Between Buildings
1.
The minimum distance between adjacent buildings shall be twenty
(20) feet except in those cases where an attachment easement has
been granted by the adjacent property owner.
2.
Distance shall be measured at the narrowest space between
structures, including roof overhangs, whether a main living unit,
principal structure, an allowable attachment, or an accessory use.
Building Height Regulations
1.
No building shall exceed 45 feet in height unless otherwise provided
herein.
E. Building Site Area Regulations
Each dwelling unit shall be located on a lot or parcel or tract of land having
an area of not less than one third (1/3) of an acre. The minimum width of
the lot or parcel shall be one hundred (100) feet.
1.
A platted lot or parcel or tract of land platted prior to the adoption
of these regulations, having an area not more than two percent (2%)
less than one-third (1/3) acre may be approved for permitting by City
administrative action.
(Ord. 96-5, § 5-23-96)
4.02.00
LANDSCAPING
4.02.01
General Provisions
A.
Purpose
The purpose of these regulations is to establish minimum standards for the
development installation and maintenance of landscaped areas without
inhibiting creative landscape design. These requirements are provided to
ensure that a portion of all development sites are devoted to landscape
beautification and the preservation of natural plant growth. These
regulations require specific water conservation measures including the
preservation of native vegetation. Implementation will aid in improving
environmental quality and the aesthetic appearance of public, commercial,
industrial and residential areas.
4.02.02
Land Clearing
A.
Land Clearing Permit
A land clearing permit is required for the removal of underbrush other than
that directly associated with a developed single-family home site of 1.25
acres or less, construction activities associated with a building permit
already in effect, and land clearing necessary for surveying.
B.
Tree Removal
No tree removal may occur unless a permit is issued in accordance with
Sections 3.01.01 and 3.01.03 of these regulations.7
C.
Prohibited Land Clearing
The indiscriminate bulldozing or clearing of land within the City not done
in connection with the improvement of said land shall be prohibited.
4.02.03
Grading, Filling, and Excavating
A.
Grading, Filling, and Excavating Permits
No person shall change, through modifying the grade, filling or excavating
any land within the corporate limits of the City without having first obtained
a permit from the City for such activity. Authorization for such work may
be obtained through the issuance of a building permit for improvements on
the property or through the issuance of a grading, filling, and excavating
permit.
B.
Burying of Material
The burying of rubbish, logs, lumber, building materials, underbrush, trash
or other matter which would decompose or allow the land to settle is
considered to be a change of the grade of land. No authorization or permit
shall be issued for these activities except as authorized by these regulations.
C.
Standards and Procedures
Any person having secured a grading, filling, or excavation permit shall
comply with the following procedures.
7
Cross-reference – Article 3 Resource Protection Standards, Sections 3.01.01 and 3.01.03
4.02.04
1.
All development activity shall be in strict conformity with the
requirements of these regulations and any special conditions of the
permit.
2.
No authorization for a change of grade shall be issued when it is
determined that such change will result in a hole or depression which
will create a health or safety hazard through pooling of water, or will
undermine property of others situated adjacent to the land involved.
3.
No person shall change any grade to any greater extent than is
allowed by the authorization or permit granted for such change.
4.
Any authorized bulldozing, clearing or fill of lands which would
loosen sand or topsoil and permit it to blow upon the land and
premises of other residents of the City is hereby declared to be a
nuisance. Such lands shall therefore, within thirty (30) days after
completion of such bulldozing, be seeded or planted with shrubbery
to minimize the tendency of the sand or topsoil to blow.
5.
No less than twenty-four (24) hours prior to beginning the clearing
operation, the permittee shall notify the City of the precise time at
which any permitted operation will begin.
Landscaping Requirements
Landscaping plans shall be included as part of the overall site plans, conceived in a
total pattern throughout the site, integrating the various elements of site design,
preserving and enhancing the particular identity of the site and creating a pleasing
site character.
A.
Landscaping Design Standards
The following design standards shall apply to all new development subject
to the applicable site plan submittal requirements.
1.
A landscape plan shall be submitted in conjunction with any
development requiring site plan approval. The plan shall include all
items related to trees and tree protection as well as the grade, type,
size and location of plant materials.
2.
In addition to the landscape plan, an irrigation plan shall be
submitted. This plan shall show water sources, backflow prevention,
location of lines and location and type of sprinkler heads. The
irrigation system shall be underground and designed to provide
adequate irrigation to all landscape areas. After installation, the
system shall be regularly used and maintained.
B.
3.
A minimum of thirty-five percent (35%) of the total gross area of
the site shall be left as open space with either existing native
vegetation left in its natural state or, if no native vegetation exists on
the site, planted with native vegetation. A list of native plant species
is included in the Xeriscape Plant Guide published by the St. Johns
River Water Management District. Landscape buffer areas and
interior landscape areas shall be used to calculate this total area. The
landscape areas shall be located in such a manner as to maximize
preservation of existing trees, with priority given to specimen trees.
4.
Stormwater retention areas more than two (2) feet in depth from
finished grade shall not be credited toward meeting the minimum
landscaping requirements unless they are heavily wooded, shown to
remain at natural grade and are vegetated with plant types that have
a high potential for survival.
5.
Areas within a development may be designated as natural vegetation
retention areas where the natural grade and existing vegetation is to
remain predominantly undisturbed. Trees in such areas not listed as
exempt and having a caliper of 4" or larger may be credited as
replacement trees.
6.
A minimum of one (1) landscaped island shall be provided for every
ten (10) parking spaces. Each island shall contain a minimum of one
(1) tree.
7.
Where a sidewalk is not provided, a minimum of five (5) feet of
landscaping, consisting primarily of shrubbery, shall be provided
along the front of any building which abuts a parking area.
8.
Landscape areas shall have a minimum of two (2) living plant
materials other than trees. The total of all landscape areas on a site
shall include a minimum of three (3) living plant materials other than
trees.
9.
All right-of-way areas as well as any existing landscaping disturbed
by construction shall be restored in a manner approved by the City.
Plant Materials
1.
All plant materials shall conform to the standards for Florida
Number 1or better as described in the current Grades and Standards
for Nursery Plants, State of Florida, Department of Agriculture,
Tallahassee.
2.
Shrubs and hedges shall be self-supporting, woody evergreen
species normally grown in this area. All shrubs used in landscaping,
with the exception of hedges used for screening, shall be a minimum
of eighteen (18) inches in height at the time of planting. Screening
hedges shall be twenty-four (24) inches in height at the time of
planting. Screening hedges, when required, shall be planted and
maintained so as to form a continuous, unbroken, solid visual screen
within one (1) year after time of planting.
4.02.05
3.
Ground cover includes plant materials which normally reach a
maximum height of twelve (12) inches. Ground cover may be used
in lieu of grass. Ground cover must present a finished appearance
and reasonably complete coverage within nine (9) months of
planting.
4.
Grass areas shall be planted in a species normally grown as
permanent lawns in this area. They may be sodded, plugged,
sprigged or seeded, except that solid sod shall be used in swales or
other areas subject to erosion. In areas where other than solid sod is
used, nursegrass seed shall be sown for immediate effect and
protection until coverage is otherwise achieved. Grass sod shall be
clean and reasonably free of weeds and noxious plants or diseases.
5.
Certain plant materials are prohibited because of excessive or
otherwise serious insect or disease problems, extremely poisonous
qualities, allergenic effects, ecological considerations, or other
reasons affecting the general welfare. A list of prohibited plant
materials can be obtained from the City.
Buffer Area Requirements
A.
Dimensional Standards
1.
In order to reduce visual, light, noise and glare impacts, a landscape
buffer area shall be established along the entire length of and
contiguous to any property line.
2.
Landscape buffers shall be provided for all land uses other than
residential.
3.
Where industrial and commercial uses will abut residential areas and
a review of a proposed development indicates that adverse noise,
odor or light impacts will be generated, a landscaped buffer
sufficient in size to mitigate these impacts shall be required. At a
minimum, a thirty (30) foot buffer shall be required of all industrial
and commercial developments.
4.
B.
4.02.06
A buffer area with a minimum depth of ten (10) feet shall be
provided adjacent to any parking area and any property line or any
area that has been set aside for the protection of natural resources.
Screening and Materials
1.
The landscaped buffer area shall include a minimum five (5) foot
visual screen constructed of plant materials which are selected,
located and maintained to provide a continuous solid visual barrier
within three (3) years from the time of installation.
2.
Buffer areas intended to screen parking areas, dumpster pads or
other site features shall be designed to provide a continuous solid
visual barrier within one (1) year from the time of installation.
Maintenance and Enforcement
A.
B.
Plant Material
1.
The owner of the property shall be responsible for the maintenance
of all plant materials as shown on the previously approved landscape
plan. Plant material shall be maintained in good condition so as to
present a healthy, neat, and orderly appearance and shall be kept free
from refuse and debris. Any dead or severely damaged plant
materials shall be replaced by the owner as part of routine
maintenance.
2.
Failure to maintain plant materials in accordance with the plans
approved under this section shall result in a hearing before the Code
Enforcement Board, which may impose a fine.
3.
Where replacement materials differ from a previously approved
landscape plan, an amendment to the landscape plan shall be
submitted to the City for review and approval.
Irrigation Systems
1.
Irrigation systems shall be maintained in working condition at all
times. Such systems may be inspected by the Code Enforcement
Officer and if found to be defective, the owner shall be notified by
certified mail and directed to repair the system within ten (10) days
of the date of notification. Failure to make such repair or to submit
a written interim proposal to the City for landscape maintenance
shall result in a hearing before the Code Enforcement Board, which
may impose a fine.
2.
If a project is submitted for landscape approval with one-hundred
(100) percent of the plantings determined to be xeric by the City;
then only temporary irrigation during the establishment period will
be required. The lime frame for irrigation will be approved by the
City, and the project will be inspected at the end of this period to
determine whether irrigation can be removed.
ARTICLE 5
IMPROVEMENT STANDARDS
5.01.00
TRANSPORTATION SYSTEMS
5.01.01
General Provisions
5.01.02
Streets
5.01.03
Rights-of- Way
5.01.04
Vacations of Rights-of-Way
5.01.05
Street Design Standards
5.01.06
Sidewalks and Bikeways
5.01.07
Access
5.02.00
OFF-STREET PARKING AND LOADING
5.02.01
General
5.02.02
Requirements
5.02.03
Standards
5.02.04
Restricted Parking
5.02.05
Large Vehicles
5.02.06
Mobile Recreational Shelters
5.02.07
Residential Parking
5.03.00
UTILITIES
5.03.01
Purpose
5.03.02
General Provisions for All Utilities
5.03.03
Electricity
5.03.04
Telephone
5.03.05
Illumination
5.03.06
Water
5.03.07
Wastewater Systems
5.03.08
Stormwater Management Utility
5.04.00
STORMWATER MANAGEMENT
5.04.01
General
5.04.02
Levels of Service
5.04.03
Performance Standards
5.04.04
Design Standards
5.04.05
Exemptions
5.05.00
TRUCK ROUTES
5.05.01
Definitions
5.05.02
Establishment of Truck Route; Map; Hazardous Material Warning Placards;
Exceptions
ARTICLE 5
IMPROVEMENT STANDARDS
5.01.00
TRANSPORTATION SYSTEMS
5.01.01
General Provisions
A.
Purpose
This section establishes minimum standards to be met in the development
of transportation systems, including public and private streets, bikeways,
pedestrian ways, parking and loading areas, and access control to and from
public streets. The requirements set out in this section are designed to
minimize the traffic impacts of development and to assure that all
developments adequately and safely provide for the storage and movement
of vehicles.
5.01.02
Streets
A.
B.
Street Classification System
l.
Table 5.01.01a indicates three categories of roadways as described
in the Comprehensive Plan.
1.
Private streets and streets that are to be dedicated to the City are
classified in a street hierarchy system with design tailored to
function. The street hierarchy system shall be defined by road
function and average daily traffic (ADT), calculated by trip
generation rates prepared by the Institute of Transportation
Engineers. The following streets hierarchy is established: local,
collector, and arterial.
Official Streets
Table II-I of the Traffic Circulation Element of the Comprehensive Plan is
made part of this Code. All existing roadways within the jurisdiction of the
City shall be identified on this table in accordance with the streets hierarchy
scheme. The table shall be the basis for all decisions regarding required road
improvements, reservation or dedication of rights-of-way for required road
improvements, or access of proposed uses to existing or proposed roadways.
C.
Street Classification Standards
Table 5.01.0la specifies the number of lanes and pavement and right-of-way
widths for local, collector, and arterial streets.
TABLE 5.01.01a: Street Classifications; Lane and Right-of-Way Requirements
Street Type
ROW Width
Number of Lanes
Pavement Width
Local
2
20 feet
50 feet
Collector
2-4
24 feet
60-80 feet
Arterial
2-5
24 feet
120 feet
5.01.03
Rights-of-Way
A.
Right-of-Way Reservation
Right-of-way requirements shall be as specified in Table 5.01.01a of this
Code. The right-of-way shall be measured from lot line to lot line. Where
roadway construction, improvement, or reconstruction is not required to
serve the needs of the proposed project, future rights-of-way shall
nevertheless be reserved for future use. No part of the reserved area shall be
used to satisfy minimum requirements of this Code.
B.
5.01.04
Protection and Use of Rights-of-Way
1.
No encroachment shall be permitted into existing rights-of-way,
except for temporary use authorized by the City.
2.
Use of the right-of-way for public or private utilities, including, but
not limited to, sanitary sewer, potable water, telephone wires, cable
television wires, gas lines, or electricity transmission, shall be
allowed subject to the approval by the City.
3.
Sidewalks and bicycle ways may be placed within the right-of-way.
4.
Setbacks shall not include right-of-way.
Vacations of Rights-of-Ways
Applications to vacate a right-of-way shall be approved upon a finding that all of
the following requirements are met:
A.
The requested vacation is consistent with the Transportation Circulation
Element of the City Comprehensive Plan.
B.
The right-of-way does not provide the sole access to any property.
Remaining access shall not be by easement.
C.
The vacation would not jeopardize the current or future location of any
utility.
D.
The proposed vacation is not detrimental to the public interest, and provides
a positive benefit to the city.
(Ord. 97-1 § 2-20-97)
5.01.05
Street Design Standards
A.
General Design Standards
1.
Streets shall be dedicated to the City upon completion, inspection,
and acceptance by the City.
2.
The street system of the proposed development shall, to the extent
practicable, conform to the natural topography of the site, preserve
existing hydrological and vegetative patterns, and minimize erosion
potential, runoff, and the need for site alteration.
3.
Streets shall be laid out to avoid environmentally sensitive areas.
4.
Private streets may be allowed only within mobile home parks that
will remain under common ownership.
5.
The street layout in all new development shall be coordinated with
and interconnected to the street system (existing and projected) of
the surrounding area. All streets shall terminate at other streets.
6.
Streets in proposed developments shall be connected to rights-ofway in adjacent areas to allow for proper inter-neighborhood traffic
flow. If adjacent lands are unplatted, stub outs in the new
development shall be provided for future connection to the adjacent
unplatted land.
7.
Streets shall intersect as nearly as possible at right angles and in no
case shall be less than 75 degrees.
8.
New intersections along one side of an existing street shall, where
possible, coincide with existing intersections. Where an offset (jog)
is necessary at an intersection, the distance between center lines of
the intersecting streets shall be no less than 150 feet.
B.
C.
Construction and Paving Specifications of Local Street
1.
Clear, grade and fill, thirty (30) feet wide.
2.
Construct road twenty (20) feet wide to include a six inch (6")
minimum sub-grade of sand/clay mix to be graded and compacted
with an additional six inches (6") of shell to be graded and
compacted to ninety-five percent (95%). Lime rock may be
substituted for the shell base.
3.
Construct six inches (6") soil/cement base if using shell base.
4.
Pave roadway with minimum of 1.25" type S hot-mix asphalt.
5.
Swale and sod road edges -- five feet (5') on each side of constructed
road.
Collector and Arterial Streets
Specifications for construction and paving of collector and arterial streets
shall be in accordance with Volusia County and FDOT standards.
D.
Curbing Requirements
Curbing shall not be required unless it is determined to be needed for
drainage or safety reasons during the development review process.
E.
Shoulders
Shoulders, where required by the Florida Department of Transportation or
Volusia County, shall meet their respective standards.
F.
Acceleration, Deceleration, and Turning Lanes
Acceleration, deceleration or turning lanes may be required by the City
along roads with a functional classification of collector or arterial, or a
design speed of 35 miles per hour or greater. Requirements will be based
upon a traffic impact study required of the developer or other information
available to the City that indicates a need.
G.
Cul-de-sacs
An unobstructed twelve (12) foot wide moving lane with a minimum
outside turning radius of thirty-eight (38) feet shall be provided at the
terminus of every permanent cul-de-sac.
H.
Stub Streets
Stub streets are required as necessary to allow connection to future
development on existing unplatted land adjacent to the development. The
location and alignment of the stub streets shall ensure that the resulting
street system will conform to the general design standards of this Article.
I.
Clear Visibility Triangle
In order to provide clear view of intersecting streets to the motorist, there
shall be a triangular area of clear visibility formed by two (2) intersecting
streets or the intersection of a driveway and a street. The following
standards shall be met.
1.
Nothing shall be erected, placed, parked, planted, or allowed to grow
in such a manner as to materially impede vision between a height of
two (2) feet and ten (10) feet above the grade, measured at the
centerline of the intersection.
2.
The clear visibility triangle of the intersection of any streets shall be
formed by the intersection of the edge of the road traveled way with
two sides of each triangle being equal in length from the point of the
intersection and the third side being a line connecting the ends of the
two other sides as indicated below.
3.
The distance from the intersection of the edge of the road traveled
way shall be twenty five (25) feet for posted speeds of 35 miles per
hour and below. The distance from the intersection of the edge of
the road traveled way shall be forty (40) feet for posted speeds above
35 miles per hour.
(Ord. No. 2013-01; § 1, 7-11-2013)
J.
Signage and Signalization
Sufficient funds shall be deposited with the City to provide all necessary
roadway signs and traffic signalization as may be required by the City or
County, based upon City, county or state traffic standards. At least two
street name signs shall be placed at each four-way street intersection, and
one at each "T" intersection. Signs shall be installed under light standards
and free of visual obstruction. The design of street name signs shall be
consistent with the style established by the City and of a uniform size and
color.
K.
Street Trees
5.01.06
1.
Street trees shall be provided in accordance with the standards
established in Section 4.02.03 of this Code.
2.
No development shall be approved without reserving an easement
authorizing the City to plant trees within five (5) feet of the required
right-of-way boundary. No street shall be accepted for dedication
until such an easement is granted.
Sidewalks and Bikeways
A.
B.
When Required
1.
Projects abutting collector or arterial facilities shall provide
sidewalks adjacent to the collector or arterial roadway. Location of
sidewalks shall be consistent with any planned roadway
improvements.
2.
Sidewalks shall be provided on both sides of all local streets.
3.
Improvements or new construction of collector or arterial roadways
shall include provision for sidewalks and bikeways within the rightof-way.
4.
When acceleration, deceleration and/or turning lanes are
incorporated into a street with on-road bicycle facilities, the extra
land width, paved shoulder, or bike lane should be incorporated into
the right-hand through lane.
Design and Construction Standards
All sidewalks and bikeways shall conform to the latest design and
construction standards approved by the Florida Department of
Transportation and outlined in the FDOT's Bicycle Facilities Planning and
Design Manual. If curbs are constructed as part of a sidewalk, inclined curb
approaches or curb cuts having a gradient of not more than one foot in
twelve feet and a width of not less than four feet shall be provided for access
by wheelchairs.
5.01.07
Access
All proposed development shall meet the following standards for vehicular access
and circulation:
A.
Number of Access Points
1.
Every lot or parcel shall have direct access from a public street.
2.
Where a development site comprises more than one building site,
the building sites shall not be considered as separate properties for
the purpose of the standards associated with access points.
3.
The number of access points shall be kept to the minimum required
to adequately serve the development. Table 5.01.06a shows the
number of access points by type of development.
TABLE 5.01.06a: Number of Access Points and Preferred Type of Access
Type of Development
Non-residential, less than 10
parking spaces
Non-residential, more than 10
parking spaces
B.
Number of Access Points
Preferred
Access
1
Local
2
Collector
Type
of
4.
The City Commission may improve access points in excess of those
allowed in Table 5.01.06a based upon study results and
recommendations of the Volusia County Traffic Engineer.
5.
Adjacent users may share a common driveway provided that
appropriate access easements are granted between or among the
property owners.
Separation of Access Points
1.
Access points to adjacent properties for which site plans are required
shall be separated by at least three hundred (300) feet. The City may
allow variance from this requirement in the interest of traffic safety.
2.
All vehicular access points shall be located one hundred (100) feet,
or two-thirds (2/3) the length of the parcel frontage on the street,
whichever is less, from the intersection of any right-of-way lines of
streets or a street and a railroad.
5.02.00
OFF-STREET PARKING AND LOADING
5.02.01
General
This section implements the Traffic Circulation Element goals of ensuring an
efficient flow of on-site traffic and providing for adequate parking, loading and fire
lane facilities.
5.02.02
Requirements
A.
Off-Street Parking
1.
The following matrix specifies the required minimum number of
off-street automobile and bicycle parking spaces for a specific land
use.
2.
A plan showing off-street parking shall be submitted to and
approved by the appropriate City official before a permit is issued
for the construction or use of the building, structure or facility being
considered, except for single-family residences. This plan shall
show the location and accurately designate the number and size of
spaces, access aisles, driveways, loading zones, fire lanes, and
dumpster locations. The off-street parking plan shall be included in
the site plan submittal requirements.
3.
The number of parking spaces for uses not specifically listed in the
matrix shall be determined by the appropriate City official. They
shall consider requirements for similar uses and appropriate traffic
engineering and planning data, and shall establish a minimum
number of spaces based upon the principles of this Code.
4.
For several uses listed in the matrix the parking requirement is to be
determined by the appropriate City official. These uses have a large
variability in parking demand, making it impossible to specify a
single parking requirement. A developer proposing to develop or
expand one of these uses must submit a parking study that provides
justification for the requirement proposed. The City official will
review this study along with any traffic engineering and planning
data that are appropriate to the establishment of a parking
requirement for the use proposed.
5.
A reduction in the number of parking spaces may be granted by the
appropriate City official if the applicant can demonstrate that a
reasonable number of trips to the site will be generated by
transportation not requiring parking; or joint use with another site
that has different temporal parking demands will satisfy parking
space requirements..
6.
The total number of paved parking spaces for a use is not to exceed
125% of the minimum spaces required in the matrix. Justification
for spaces exceeding the minimum required in the matrix shall be
provided.
B.
7.
Any parking area to be used by the general public shall provide
suitable, marked parking spaces for handicapped persons. The
number, design and location of these spaces shall be consistent with
the requirements of Sections 316.1955 and 316.1956, F.S., or
succeeding provisions. Parking space required for the handicapped
shall be counted as a parking space to comply with the minimum
requirements of this Code. All spaces for the handicapped shall be
paved.
8.
Compact car parking spaces may satisfy no more than 25% of
required parking spaces. These spaces shall use appropriate signage
and shall be located no more or no less conveniently than standard
size car spaces.
9.
For the purposes of this section, a compact vehicle is defined as any
vehicle less than fifteen feet (180 inches) in length. A standard
vehicle is any vehicle that is fifteen feet or larger.
10.
Off-street parking shall be available for use prior to the issuance of
any Certificate of Occupancy.
11.
A permit shall be required for any temporary use of right-of-way.
Permanent use of right-of-way is prohibited.
Matrix for Land Use and Required Parking Spaces
USE
Minimum Off-Street Parking Required Bicycle Spaces
RESIDENTIAL
1. Conventional Detached
1-3 bedrooms: 2 spaces/unit
0
4 bedrooms: 3 spaces/unit
0
Studio: 1 space/unit
.1 per required space
2. Cluster/Multi Family Devel.
*Resident Parking
1 bedroom; 1.5 spaces/unit
2,3 or more bedrooms;
2 spaces/unit
*Visitor Parking
3. Adult Congregate Living
Facilities
4. Mobile Home Park
*Resident Parking
*Visitor Parking
.75 spaces/unit
.5 spaces/unit
2 spaces/unit
.25 per required parking
space
1 space/unit
COMMERCIAL
5. Uses Located in Commercial 1 space/300 square feet of .10 per required parking
Shopping Centers
gross floor area
space
6. Auto Repair
1 space/200 square feet of 2
gross floor area
7. Auto Sales
1 space for each employee 2
plus one space for each 2,000
square feet of outside display
area
8. Auto Service Station
2 spaces plus 4 for each bay
2
9. Auto Washing
2.5 spaces/washing staff
2
self-serve
5 stacking lanes per car wash
bay
10. Barbershops or Beauty 2 for each barber chair or .1 per required parking
Parlors
each beautician station
space
11. Bank, Savings & Loan
1 space/250 square feet of .1 per required parking
gross floor area
spaces
12. Hotel, Motel & Bed and 1.25 spaces/room
Breakfasts
13. Lumberyards, Nurseries
.1 per required parking
spaces
1 space/250 square feet of .25 per required parking
gross floor area for retail space
sales plus 1 space/1,000
square feet of outdoor area
devoted to displays and
storage
14. Offices
and
Administrative,
professional
business 1 space/250 feet of gross .1 per required parking
floor area (For and office space
building of six or more
stories in height and which
contains less than 250,000
square feet of gross floor
area of office uses, the
parking requirement shall be
one space per 300 square feet
of gross floor area.)
Government
1 space/200 feet of gross .1 per required parking
floor area (For on-site space
parking facilities containing
1,000 or more parking
spaces,
the
parking
requirement shall be one
space per 500 square feet of
gross floor area for parking
spaces required in excess of
1,000.)
Matrix for Land Use (continued)
Use
Minimum Off-Street Parking Required-Bicycle Spaces
15. Restaurants
1 space/75 gross square feet .1 per required parking
of floor area up to 6,000 space
All restaurants except fast gross sq/ft plus 1 space/55
food
gross sq/ft of floor area over
6,000 gross sq/ft
Fast food restaurant
16. Bars, cocktail lounges
1 space/100 square feet of
gross floor area
.25 per required parking
1 space/75 sq. ft. of gross .25 per required parking
floor area
space
17. Retail, General
18. Retail,
Appliance
furniture
1 space/250 square feet of .1 per required parking
gross floor area
space
and 1 space/500 square feet of .1 per required parking
gross floor area
space
HEALTH SERVICES
19. Convalescent and nursing 1 space/4 beds
homes
.5 per required parking
space
20. Medical and Dental Offices 1 space/180 square feet of .5 per required parking
and
Clinics
Veterinary gross floor area
space
Hospitals and Clinics
INDUSTRIAL USES
21. Manufacturing
1 space/750 square feet of .1 per required parking
gross floor area devoted to space
manufacturing plus the
required parking for square
footage devoted to other uses
22. Research and Development
1 space/250 feet of gross
floor area (additional area
over 250,000 sq/ft requires 1
space per 500 sq/ft of gross
floor area)
Matrix for Land Use (continued)
Use
Minimum Off-Street Parking Required-Bicycle Spaces
23. Warehouse
1 space/1,000 square feet of .05 per required parking
gross floor area for the first spaces
20,000 sq/ft devoted to
warehousing
plus
the
required parking for square
footage devoted to other
uses. 1 space/2,000 sq/ft. 1
space/4,000 sq/ft for floor
area in excess of 40,000 sq/ft
Entertainment & Recreation
24. Arcades. Games
1 space/200 square feet of .2 per required parking
gross floor area
space
25. Bowling Alleys, Billiard 7 spaces/alley plus 2 for each .2 per required parking
Halls
billiard table plus required space
parking for other uses
26. Commercial Stables
1 space/4 pens or stalls
.1 per required parking
space
1 space/tee plus required .1 per required parking
parking for any other uses on space
site
27. Driving Range (Golf)
28. Golf Course (Regulation)
6 spaces/hole plus required .1 per required parking
parking for any other uses on space
the site
29. Miniature Golf
3 spaces/hole plus required .1 per required parking
parking for any other uses on space
the site
30. Parks (Public or Private)
active recreation
10 spaces/acre
passive recreation
31. Skating Rinks
5 spaces/acre
1 space/100 square feet of .25 per required parking
gross floor area
spaces
Matrix for Land Use (continued)
Use
32. Tennis, Handball
Racquetball Facilities
Minimum Off-Street Parking Required-Bicycle Spaces
and 2 spaces/court plus required .25 per required parking
parking for additional uses spaces
on the site
33. Health Club
1 space/150 square feet of .25 per required parking
gross floor area
spaces
34. Theaters, Movie
1 space/2.5 seats plus 5 .1 required parking spaces
spaces/screen for employees
MISCELLANEOUS
Auditoriums
1 space/3 seats of 1 space/35 .1 per required parking
square feet of gross floor space
area where there are no fixed
seats
36. Churches and Other Spaces 1 space/3 seats within the .1 per required parking
of Public Assembly
main auditorium or, 1 space
space/35 square feet of gross
floor area where there are no
fixed seats
37. Day Care, Pre-schools, 1 space/employee plus 1 .25 per employee
Nursery Schools
space/5 children
38. Model Home
C.
3 spaces/model home
0
Location of Off-Street Parking Spaces
1.
In Mixed Commercial districts required off-street parking spaces
may not be located in the front, or if applicable, side (corner) yard.
2.
In Large Commercial districts required off-street parking spaces
may be located in the front yard, rear yard, and side yard in
accordance with the following provisions:
a.
Thirty percent (30%) of the front yard must be provided for
green area that shall be planted and maintained at all times.
b.
No parking spaces shall be arranged so as to permit a vehicle
to back onto a publicly dedicated right-of-way.
3.
In no case shall any parking space in any district be located within
ten (10) feet of any property line.
4.
Accessory parking may be located in a rear or side yard for singlefamily dwellings.
5.
Parking spaces for all dwellings shall be located on the same
property with the main building, except that one-half (1/2) the total
number of required spaces for multiple-family dwellings, may be
located in a common parking facility not more than two hundred
(200) feet distant from the nearest boundary of the site. When offsite parking is allowed the owner shall submit to the City Clerk a
restrictive covenant in recordable form reserving the off-street
parking site for off-street parking for the building for as long as the
parking shall be required.
D.
6.
Off-street parking requirements for commercial and industrial land
uses shall be located on site.
7.
Required off-street parking areas for three (3) or more automobiles
shall have individual spaces marked, and shall be so designed,
maintained, and regulated in such a manner that no parking or
maneuvering incidental to parking shall be on any area, public street,
walk or alley, and so that any automobile may be parked and
unparked without moving another.
Layout
1.
Pedestrian circulation facilities, roadways, driveways, and off-street
parking and loading areas shall be designed to be safe and
convenient.
2.
Parking and loading areas, aisles, pedestrian walks, landscaping, and
open space shall be designed as integral parts of an overall
development plan and shall be properly related to existing and
proposed buildings.
3.
Buildings, parking and loading areas, landscaping and open spaces
shall be designed so that pedestrians moving from parking areas to
buildings and between buildings are not unreasonably exposed to
vehicular traffic.
4.
Landscaped, paved, and gradually inclined or flat pedestrian walks
shall be provided along the lines of the most intense use, particularly
from building entrances to streets, parking areas, and adjacent
buildings. Pedestrian walks should be designed to discourage
incursions into landscaped areas except at designated crossings.
5.
Each off-street parking space shall open directly onto an aisle or
driveway that, except for single-family and two-family residences,
is not a public street.
6.
Aisles and driveways shall not be used for parking vehicles, except
that the driveway of a single-family or two-family residence shall
be counted as a parking space for the dwelling unit, or as a number
of parking spaces as determined by the appropriate City official
based on the size and accessibility of the driveway.
7.
The design shall be based on a definite and logical system of drive
lanes to serve the parking and loading spaces. A physical separation
or barrier, such as vertical curbs, may be required to separate parking
spaces from travel lanes.
E.
F.
8.
Parking spaces for all uses, except single-family and two-family
residences, shall be designed to permit entry and exit without
moving any other motor vehicle.
9.
No parking space shall be located so as to block access by
emergency vehicles.
Loading
1.
Schools, hospitals, nursing homes and other similar institutional
uses and multi-family residential uses shall provide one (1) loading
space for the first fifty thousand (50,000) square feet of gross floor
area or fraction thereof, and one (1) space for each additional fifty
thousand (50,000) square feet or fraction thereof.
2.
Auditoriums, gymnasiums, stadiums, theaters, and other buildings
for public assembly shall provide one (1) space for the first twenty
thousand (20,000) square feet of gross floor area or fraction thereof,
and one (1) space for each additional fifty thousand (50,000) square
feet.
3.
Offices and financial institutions shall provide one (1) space for the
first seventy-five thousand (75,000) square feet of gross floor area
or fraction thereof, and one (1) space for each additional twenty-five
thousand (25,000) square feet.
4.
Retail commercial, road service and commercial entertainment uses
shall provide one (1) square feet of gross floor area, and one (1)
space for each additional twenty thousand (20,000) square feet.
5.
Industrial uses shall provide one (1) space for every ten thousand
(10,000) square feet of gross floor area.
Drive-up Facilities
1.
G.
All facilities providing drive-ups or drive through services shall
provide on-site stacking lanes.
Handicapped Access
1.
The handicapped access requirements of this section shall apply to
all development except single-family dwellings.
2.
Accessibility to each principal building shall be provided from
rights-of-way and parking areas by means of a pathway leading to
at least one entrance generally used by the public. Such pathway
shall have been cleared of all obstructions related to construction
activity, prior to the opening of the building to the public. Where
curbs exist along such pathway, as between a parking lot surface and
a sidewalk surface, inclined curb approaches or curbcuts having a
gradient of not more than one foot in 12 feet and a width of not less
than four feet shall be provided for access by wheelchairs.
3.
All entrance pathway shall be unobstructed and devoid of curbs,
stairs, or other abrupt changes in elevation. Such pathways shall be
of a width between walls not less than 44 inches. Ramps shall be
designed in accordance with the FDOT ramp requirements.
4.
A parking lot servicing each entrance pathway required by this part
shall have level parking spaces reserved for physically handicapped
persons in the following amounts:
Total Spaces in Lot
up to 25
26 to 50
51 to 75
76 to 100
101 to 150
151 to 200
201 to 300
301 to 400
401 to 500
501 and over
5.
5.02.03
Required Reserved Spaces
1
2
3
4
5
6
7
8
9
2% of total
Reserved parking spaces shall not be less than 12 feet in width and
shall be identified by above-grade signs as being reserved for
physically handicapped persons. Such spaces shall be located as
close as possible to elevators, ramps, walkways and entrances.
Parking spaces should be located so that physically handicapped
persons are not compelled to wheel or to walk behind parked cars to
reach entrances, ramps, walkways and elevators.
Standards
A.
Design Standards for Off-Street Parking and Loading Areas
1.
Standard and compact car parking spaces shall be sized according
to the most recent design standards recommended by the Institute of
Transportation Engineers (IT).
2.
Handicapped parking requirements contained in Section 316. 1955,
F.S. shall be followed in identifying spacing needs.
3.
Parking spaces shall be designed to accommodate emergency
vehicles down main aisles.
4.
The standard off-street loading space shall be 10 feet wide, 25 feet
long, provide vertical clearance of 15 feet, and provide adequate
ingress and egress. Where a loading space is required for a full
length tractor-trailer, the space must be sufficient in length to
accommodate the tractor-trailer on-site.
5.
Design criteria for bicycle parking shall be as follows:
6.
a.
The facility should be designed to allow each bicycle to be
supported by its frame (unless a totally enclosed space, i.e.
locker, is provided).
b.
The facility should be located in a convenient, highly visible,
active, well lighted area.
c.
The facility should be located so as not to impede pedestrian
movement.
d.
The facility should have an aisle or other space at least five
(5) feet in width to the front and rear of a standard six (6) ft.
bicycle parked in the facility.
e.
The facility should be located as near the principle entrance
of the building as practicable.
f.
The facility should be solidly constructed to resist rust,
corrosion, and vandalism.
Lighting for Parking Areas
a.
For businesses and facilities open during evening hours, all
parking areas shall provide illumination which meets the
safety standards as prescribed by Volusia County.
b.
Mounting height and spacing of luminaries should be
sufficient to distribute adequate lighting for safety purposes
to the entire facility.
B.
C.
c.
Lighting shall be arranged so as to reflect away from
residential areas, public streets, or other adjacent land uses.
d.
Lighting shall be in place before a Certificate of Occupancy
is issued.
Stacking Lane Standards
1.
The facilities and stacking lanes shall be located and designed to
minimize or avoid conflicts between vehicular traffic and pedestrian
areas.
2.
A lane by-passing the stacking lane shall be provided.
3.
For financial institutions there shall be a minimum stacking lane
distance of two hundred (200) feet. Two or more stacking lanes may
be provided which together total two hundred (200) feet. A
minimum distance of one hundred twenty (120) feet shall be
provided for all other uses.
4.
Where turns are required in the exit lane, the minimum distance
from any drive-up station shall be thirty-four (34) feet. The
minimum inside turning radius shall be twenty-five (25) feet.
5.
Alleys or driveways in or abutting areas designed, approved, or
developed for residential use shall not be used for circulation of
traffic for drive-up/through facilities.
Construction Standards
1.
Parking areas shall be surfaced with acceptable materials, shall be
constructed in compliance with the City's stormwater management
regulations, shall contain wheel stops for individual vehicle parking
space delineation and shall be constructed in compliance with the
City's landscaping regulations.
2.
Acceptable materials means a durable all-weather surface composed
of concrete, brick, asphalt, permanent porous grating, or other
permanent dust-free surfaces. The aforesaid notwithstanding, the
City may, during the development review process, and on an
individual project specific basis, consider approval of the use of
alternate parking area surface materials. Such consideration shall
weigh such factors as surface materials proposed, site location, site
topography, environmental benefits, size of parking area,
maintenance requirements, site aesthetics, potential impacts on
surrounding properties, potential impacts on City rights-of-way and
facilities, and hours and days of use of the parking area.
(Ord. No. 2007-08; § 1, 9-20-2007)
5.02.04
Restricted Parking
There shall be no parking at any time on arterial streets i.e., Lakeview Drive, New
York Avenue, Summit Avenue, Church Street, Main Street, Ohio, Cassadaga Road
and South High Street.
5.02.05
Large Vehicles
No tractor (bob-tail), tractor trailers, automobile delivery units, refrigerated units
(compressors running overnight) or any truck larger than one (1) ton, buses or
similar vehicles will be permitted to park on any street, municipal right-of-way or
any area zoned residential within the city limits.
5.02.06
Mobile Recreational Shelters
Mobile recreational shelters and vehicles, watercraft, and trailers are permitted as
provided in the following:
5.02.07
A.
They shall have a current license plate or validation sticker, and shall be
parked or stored in full compliance with all yard requirements for accessory
structures. The ground area beneath such vehicles shall be kept free from
debris, including excessive weed growth.
B.
They shall not be parked either within a street or within that portion of the
lot lying across the full width of the lot between the front lot line and front
most part of the principal structure, except driveways.
C.
Mobile recreational shelters and vehicles, shelters, watercraft and trailers
shall not be connected to water, sewers or electric lines or to be used for
residential purposes. The City may grant permission to allow temporary use
of the mobile recreational shelters and vehicles, shelters, watercraft and
trailers for living quarters for a period of two (2) weeks upon application to
the City Clerk for the temporary use. Any extension of such period shall
also be by the approval of the City Commission. Any allowance of the
above shall only allow a safe electrical hookup and a safe and sanitary water
hookup to an outside or exposed water faucet. There shall be no hookup to
any septic tank, reservoir or holding area for any waste material, nor shall
there be any waste material discharged on the surface of any grounds.
Residential Parking
In the residential zoned area, motor vehicles shall not be parked anywhere within
that portion of the lot lying across the full width of the lot between the front lot line
and the front most part of the principal structure, except driveways. All such
vehicles shall bear a current license plate or validation sticker.
5.03.00
UTILITIES
5.03.01
Purpose
The purpose of this section is to provide improvement standards relative to utilities
and applicable to all development activity within the City. All improvement
required by this section shall be designed, installed and paid for by the developer.
5.03.02
General Provisions for All Utilities
A.
Placement of Utilities Underground
All utility lines (telephone, cable television, power) shall be placed
underground with the exception of major transmission corridors.
B.
5.03.03
Utility Easements
1.
In any case in which a developer installs or causes to be installed
water, electrical power, telephone or cable television facilities and
intends that such facilities shall be owned, operated or maintained
by a public utility or any entity other than the developer, the
developer shall transfer to such utility or entity the necessary
ownership or easement rights to enable the utility or entity to operate
and maintain such facilities.
2.
Storm drainage systems and water distribution systems shall be
designed by an engineer, installed by the developer or subdivider
and approved by the City prior to formal acceptance or ownership
by the City.
Electricity
Every principal use and every lot within a subdivision must have available to it a
source of electric power adequate to accommodate the reasonable needs of such use
and lot within the subdivision.
5.03.04
Telephone
Every principal use and every lot within a subdivision must have available to it a
telephone service cable adequate to accommodate the reasonable needs of such use
and lot within the subdivision.
5.03.05
5.03.06
Illumination
A.
There is hereby established, published and adopted a policy for the uniform
installation, location and relocation of lights for illuminating the streets
within the corporate limits of the City on file in the clerk's office.
B.
The official set of guidelines for street lighting within the corporate limits
of the City shall be known as “City of Lake Helen Municipal Street Lighting
Policy.”
C.
The City of Lake Helen Municipal Street Lighting Policy may be amended,
as necessary, by official resolution of the City Commission of the City.
Water8
A.
Development Requirements
Each lot in a subdivision shall be provided with a connection to an
appropriate water supply provided that the existing water service is capable
of servicing and supplying the necessary water. The owner, at his expense,
shall furnish and install such water distribution system from plans and
specifications approved by the Florida State Board of Health (or other state
agencies with jurisdictions over such matters at that time) and the City
Commission, and in addition shall install fire hydrants and mains not less
than six (6) inches in diameter and placed so that no residence or structure
is more than 600 feet from such hydrant. Said water distribution system
shall be so constructed as to allow it to be joined with the City water
distribution system at the property line nearest the City existing lines. Fire
hydrants and shut-off valves shall be of the type, size and brand specified
by and approved by the Fire Inspector, Volusia County.
B.
8
Classification of Service
1.
Single Family Dwellings: This category applies to Single Family
dwellings.
2.
All Others: This category applies to all services not classified as
Cross-reference - Article 3 Resource Protection Standards, Section 3.05.00 et seq.
single family dwellings.
C.
Application for Service
1.
D.
E.
The customer will make application for service at the Lake Helen
City Hall, and shall make the necessary deposit and connection fees
required by City Commission resolution. It is mandatory that all
residences, dwellings, or units be connected to the City Water
Service provided that the existing water service is capable of
servicing and supplying the necessary water to the customer. In the
event the customer fails to connect with the water services provided
by the City, and the existing City water service is capable of
supplying that customer, the customer shall be charged a minimum
water usage fee. However, private wells that are supplying these
water services prior to the adoption of these regulations are
exempted from this provision.
Deposits
1.
Service Deposits shall be set and amended as necessary by the City
Commission by resolution.
2.
The State, its departments and agencies, the County and its
departments and agencies, and all other governmental entities are
hereby exempt and shall not be required to post water Service
Deposits in order to obtain such services from the City.
Water Connection Fees
For each connection for water service made by the City, the user shall pay
a fee set and amended as deemed necessary by the City Commission by
resolution. The fee shall be paid upon application for service.
F.
Installation and Maintenance Requirements
The property owner or customer is responsible for installing and
maintaining the water service line extending to the meter. A back-flow
valve is required to be installed at the meter and the customer is required to
pay for the valve and its maintenance.
G.
Quarterly Charge or Rate for Water Service (All Services)
1.
Minimum charges and rates for all water services shall be
determined and amended as deemed necessary by the City
Commission by resolution.
2.
H.
All customers or required customers, shall pay the minimum
quarterly water service charge whether or not such service is
utilized.
Billing Procedures
Meters will be read by the 15th day of March, June, September and
December, and bills rendered thereon to be mailed out the first of April,
July, October and January, or the first working day thereafter. Full payment
is due upon receipt of the bill. Such billing shall become delinquent if not
paid within twenty (20) days of the billing date and subject to penalty.
I.
1.
Non-payment after twenty (20) days of the billing date, will be
subject to a penalty determined and amended as deemed necessary
by the City Commission by resolution.
2.
Non-payment after thirty (30) days of the billing date, will result in
the water being shut off and shall not be reconnected until all
delinquent penalties have been fully paid, together with a reconnect
fee to be determined and amended by the City Commission by
resolution .. The customer shall be responsible for payment of a
reasonable attorney's fee plus cost for collection of delinquent water
service accounts. All unpaid accounts after three (3) months will be
reported to the Credit Bureau. The water utility will impose a twelve
percent (12%) per annum interest charge on all uncollected
accounts.
Returned Checks
A charge determined by the City Commission and amended as deemed
necessary by resolution will be imposed for each check returned for
insufficient funds.
J.
Suspension of Service
Customers requesting the temporary discontinuance or suspension of City
water service shall be charged the minimum quarterly water service charge
for the period of time of discontinuance or suspension. A reconnect fee will
not be imposed.
K.
Unlawful Connection
No person shall be allowed to connect into the city water service unless
approved by the City. Connection to the service shall only be made under
the direction and supervision of the appropriate city official. Any person
who violates this provision commits a misdemeanor of the second degree
punishable by a fine of $500.00.
L.
Tampering
No person shall tamper, destroy, alter or injure in any way the city water
lines, meters, meter seals or any other apparatus or device. Any person who
violates this provision commits a misdemeanor of the second degree
punishable by a fine of $500.00.
M.
No Exemptions
No person, firm, corporation, or government entity is exempt from this
regulation.
N.
Service Metered Separately
Each new residence, dwelling, or unit, whether residential or commercial,
shall be metered separately, if water service available, after adoption of
these regulations.
O.
Cross Connection Control Program
1.
The director of public works or his designee shall cause inspections
to be made of all properties served by the public potable water
supply where cross-connections with the public potable water
supply are deemed possible. The frequency of inspections and
reinspections based on potential health hazards involved shall be as
established by the Manual of Cross-Connection Control of the
department of public works of the City and in no case shall be less
than once per year. Any fees or charges established by the City
pursuant to the regulations or requirements established herein may
be changed from time to time by resolution of the City Commission.
2.
Duly authorized employees of the City bearing proper credentials
and identification shall be permitted to enter any building, structure
or property served by a connection to the public potable water
supply of the City for the purpose of inspecting the piping system or
systems on such property. Consent to such access shall be obtained
from a person of suitable age and discretion therein or in control
thereof. The refusal of such information or refusal of access, when
requested, shall be deemed evidence of the presence of crossconnections.
3.
The director of public works or his designee is hereby authorized
and directed to discontinue potable water service to any property,
after notice, wherein any connection in violation of section 5.03.06
exists and to take other such precautionary measures
deemed
necessary to eliminate any danger of contamination of the public
potable water supply system. Water service to such property shall
not be restored until the cross-connection(s) has been eliminated in
compliance with the provisions of this section.
4.
The potable water supply made available on the properties served
by the public potable water supply system shall be protected by
present or possible future contamination as specified by this section
and by state and City plumbing codes. Any water outlet which could
be used for potable or domestic purposes and which is not supplied
by the potable system must be labeled WATER UNSAFE FOR
DRINKING or NONPOTABLE WATER in a conspicuous manner.
5.
The consumer shall bear all expense of installing, testing and
maintaining the protective devices required by section 5.03.06 to
ensure proper operation on a continuing basis. Installation, testing
and maintenance of protective devices shall be conducted by
certified personnel approved by the City's department of public
works. The consumer shall notify the City's department of public
works at least forty-eight (48) hours in advance in writing when the
tests are to be undertaken so that it may have a representative
witness the tests if it is so desired. The consumer shall keep records
on his testing, maintenance and repair activities related to crossconnection control and shall make these records available upon
request. Copies of all testing, maintenance and repair records shall
be sent to the City's department of public works immediately after
the work is performed.
6.
Section 5.03.06 does not supersede the Standard Plumbing Code of
the Southern Building Code Congress International, the Florida
State Department of Health Plumbing Rules or any City plumbing
ordinance but is supplementary to them; where conflicts exist, the
more restrictive provision shall apply.
P.
7.
Any person or customer found guilty of violating any of the
provisions of section 5.03.06 or any written order of the City or
pursuance thereof shall be subject to the provisions of Article XIV.
In addition, such person or customer shall pay all costs and expenses
involved in the case to include attorney's fees. Notice of such
violation shall be given by delivering the same to the premises and
a copy thereof mailed to the billing address as appears on the City's
billing records. Each day upon which a violation of the provisions
of section 5.03.06 shall occur shall be deemed a separate and
additional violation. Any person or customer in violation of any of
the provisions of section 5.03.06 shall become liable to the City for
any expense, loss or damage incurred by the City by reason of such
violation to include attorney's fees. In addition to any penalty
provided by law for the violation of any of the provisions of section
5.03.06, the City may bring suit in the appropriate court to enjoin,
restrain or otherwise prevent the violation of any of the provisions
of this section.
8.
No provisions of this section designating the duties of any City
officer or employee shall be so construed as to make such officer or
employee liable for any fine or penalty for failure to perform such
duty.
9.
All territory within the City and the County of Volusia served by the
City's potable water system shall be governed by this section to the
extent permitted by law.
Water Conservation and Restrictions
1.
The City Commission shall be empowered and is hereby authorized
to impose whatever controls and restrictions on water usage within
the corporate limits of the City it deems necessary to comply with
the St. Johns River Water Management District orders relating to
water conservation.
2.
The controls and restrictions may include, but shall not be limited
to:
a.
Reduction of pressure in the City water supply;
b.
Prohibiting of nonessential residential use, such as car
washing, landscape irrigation, washing down of buildings or
driveways;
Q.
c.
Discontinuance of routine flushing of mains and hydrants;
d.
Restricting the outside use of water to certain hours and
certain days;
e.
Imposing rationing on all meter service;
f.
The consideration of adopting an escalating block rate
charge for water system customers;
g.
The banning of water use from fire hydrants and standpipes
for any purpose except legitimate fire fighting activities.
Regulation of Wells
1.
Any person desiring to strike, sink, dig or drill any shallow or deep
well within the limits of the City shall apply to the City Clerk for a
permit.
2.
Any person applying for such permit to strike, sink, dig or drill a
well in accordance with the terms of this article, shall, before
receiving such permit, pay to the city a permit fee as established by
the City Commission by resolution.
3.
No permit shall be issued for any well serving a private, public or
commercial water supply without prior approval of the county
health department, and further providing that any well shall be
located more than fifty (50) feet from any active septic tank, drain
field, dry well or other waste disposal facility.
4.
All wells dug or drilled shall be constructed and regulated with a cap
or valve, and all wells shall be capped or the valves turned off when
not being used, and water from the wells shall not be allowed to
accumulate and stand as stagnant water. The City shall have the right
and authority to immediately cap and keep closed any well found to
be in violation of this section.
5.
It shall be unlawful for any person to make any connection into any
waterlines connected with the supply system of the City, either upon
public or private property, or for the owner, agent, tenant, manager
or any person having interests in any property within the City to
permit to be constructed in or upon such property, any such
connections between waterlines of the waterworks system of the
City and any waterwell.
5.03.07
6.
No drainage well shall be permitted, except in closed circuit systems
after written approval by both the City and the county health
department.
7.
The City, through its commissioners, officers, agents and
employees, shall have at all times, the right of access to any property
upon which a well is located, for the purposes of inspecting the same
or otherwise regulating the operation of the well under the terms of
this section.
Wastewater Systems
Septic tanks shall be installed consistent with the requirements of Chapter 100-6,
F.A.C. and the requirements of the City of Lake Helen Comprehensive Plan. All
septic tanks shall be properly maintained. Package treatment plants or other types
of temporary central wastewater treatment facilities shall not be approved by the
City.
5.03.08
Stormwater Management Utility
A.
Authority
The City Commission is authorized by the home rule power of Article VIII,
2(b), Florida Constitution, Chapter 166, Florida Statutes and Section
403.0893, Florida Statutes, to establish a stormwater management utility
and declare its intention to acquire, own, construct, operate and maintain
open drainageways, underground storm drains, treatment facilities,
equipment and appurtenances necessary, useful or convenient for a
complete stormwater management system, and also including maintenance,
extension and construction of the present stormwater management system
of the city; to minimize by suitable means the system's contribution to
flooding; to minimize by suitable means the system's adverse effect on the
water quality of lakes, ponds, rivers and basins within the city and to seek
the cooperation of the county and other municipalities in minimizing the
effects of all such systems and other sources of accelerated runoff to the
flooding and water quality, and to establish just and equitable fees and
charges for the services and facilities provided for such systems.
B.
Purpose and Intent
1.
That the Legislature of the State of Florida has adopted Section
403.893, Florida Statutes, stormwater management legislation
which encourages proper management of stormwater runoff and
water quality.
C.
2.
That there is a desire to develop a stormwater management
program, to be responsible for the operation, construction, and
maintenance of stormwater devices and for stormwater system
planning.
3.
That the cost of operating and maintaining the city's stormwater
management system and financing of existing and future necessary
repairs, replacements, improvements, and extensions thereof,
should, to the extent practicable, be allocated in relationship to the
benefits enjoyed and services received therefrom.
4.
That the ability of the City to effectively conserve, manage, protect,
control, use, and enhance the water resources of the City is
dependent on the provision of adequate, equitable and stable funding
for the stormwater management program.
5.
That the stormwater management system including the components
which provide for the collection of and disposal of stormwater and
regulation of groundwater, is of benefit and provides services for the
welfare of Lake Helen and all of its citizens.
6.
That the formation of a stormwater utility, the establishment of a
separate fund for accounting of the revenues, expenditures, assets,
and earnings of the utility, and adoption or various rates, fees,
charges, rentals, fines, and penalties are necessary to meet the needs
identified in engineering reports.
7.
That proper stormwater management may protect, restore, and
maintain the chemical, physical, and biological integrity of
community waters; minimize the transport of pollutants to
community waters; maintain or restore groundwater levels; protect,
maintain, or restore natural salinity levels in estuarine areas.
8.
That the adoption of this Ordinance is necessary to protect the public
health, safety, and welfare of the citizens of Lake Helen.
Stormwater Management Utility - Fee Imposed
1.
Charges and fees are to be levied against all real property within the
city to accomplish the purpose and intent of the utility. A uniform
schedule of charges and fees for the services and uses of the facilities
of the stormwater management system by the owner of real property
using the services and facilities of the system.
D.
2.
A stormwater utility fee is hereby imposed for the general purposes
described in section B. above. Said fee shall be in the form of a
special assessment (non-ad valorem) on Volusia County's tax bill
and the amount shall be based on the lot/parcel classification as
listed in section D.
3.
The amount of said stormwater utility fees shall be set and may be
amended by resolution of the City Commission.
Lot/Parcel Classification
l.
A stormwater fee is hereby imposed upon all real property within
the City unless otherwise exempt for services and facilities provided
by the stormwater management utility system. For purposes of
imposing the stormwater fee, all real property within the City with
an Equivalent Residential Unit (ERU) of 2067 square feet of manmade impervious area will be assessed.
2.
The County tax rolls will be used to prepare a list of lots and parcels
within the City and to assign the Equivalent Resident Unit (ERU).
(Resolution 96-6)
E.
Stormwater Management Fund
1.
Stormwater management utility fees collected shall be paid into a
separate fund to be known as the "stormwater management fund".
Such fund shall be used for the purpose of paying the cost of
stormwater drainage facilities to be constructed and paying the cost
of operation, administration and maintenance of the stormwater
system of the City. To the extent that the stormwater management
fees collected are insufficient to construct the needed stormwater
system, the cost of the same may be paid from such city fund as may
be determined by the City Commission, but the City Commission
may order the reimbursement of such fund if additional fees are
thereafter collected. When the fund has surplus dollars on hand in
excess of current needs, the surplus dollars will be invested to return
the highest yield consistent with proper safeguards.
2.
The fees and charges paid shall not be used for general or other
governmental or proprietary purposes of the city, except to pay for
the equitable share of the cost of accounting, management and
government thereof. Other than as described above, the fees and
charges shall be used solely to pay for the cost of operation, repair,
maintenance, improvements, renewal, replacement, design, rightof-way acquisition and construction of public stormwater
management facilities and costs incidental thereto.
F.
G.
Enforcement
1.
Authorized employees of the City, bearing proper credentials and
identification shall be permitted to enter all properties tributary to
the City's stormwater management system for the purposes of
inspections, observations, measurement and testing in accordance
with the provisions of this chapter and any rules or regulations
adopted pursuant hereto.
2.
Any person violating any of the provisions of this article shall be
punished under Article XIV, Administration and Enforcement of the
City Ordinances, and shall become liable to the City for any
expense, loss or damage occasioned by the City by reason of such
violation to include reasonable attorney's fees whether or not
litigation is necessary.
Exemptions
The following property shall be exempt from Stormwater Management
Utility fees:
1.
2.
3.
4.
5.
6.
public right-of-ways
lakes
ponds
retention/detention areas
jurisdiction wet lands
vacant unimproved land in its natural state
(Ord. 95-1, 2-16-95)
5.04.00
STORMWATER MANAGEMENT
5.04.01
General
A.
The provisions of this section are intended to achieve the following
purposes as stated in the Stormwater Management Sub-Element of the
Comprehensive Plan:
1.
To protect and maintain the chemical, physical and biological
integrity of the City's ground and surface waters.
B.
5.04.02
2.
To protect the City's natural drainage systems.
3.
To protect, maintain, and restore fish and wildlife habitat.
4.
To minimize the occurrence of erosion, siltation, and sedimentation
in surface waters.
5.
To minimize the conveyance of pollutants in stormwater runoff to
receiving ground and surface waters.
6.
To encourage the construction of stormwater management facilities
and systems that aesthetically and functionally approximate natural
systems.
A Stormwater Permit is required prior to the commencement of any
development activity.
Levels of Service
A.
Design Storm Event
The design storm shall be a 25-year frequency/24-hour duration storm.
B.
On-site Stormwater Management
Retention and treatment of the first inch of runoff for areas of one acre or
more, or of the first one-half inch of runoff for drainage areas of less than
one acre.
C.
Stormwater Quantity
Post-development stormwater runoff flow rates, quantities, peaks, and
velocities shall be equal to or less than levels which existed prior to
development.
D.
Stormwater Quality
No degradation of existing water quality conditions in receiving
waterbodies will be allowed.
5.04.03
Performance Standards
A.
Management Issues
1.
Development activities proposed for any parcel of land shall not be
approved unless sufficient capacities are available in on-site or offsite facilities to sustain the identified Stormwater Management
Levels of Service.
2.
Available capacity shall be determined as follows:
a.
Computation Procedure
The available capacity of a facility or system component
shall be determined by the following method:
b.
(1)
Identify the effective design capacity of the affected
existing facilities/system components.
(2)
Determine the sum total of all existing flow
contributions to the existing facilities/systems.
(3)
Identify any additional flow contributions for which
commitments have been made to accept into the
facilities/system.
(4)
Add (2) and (3) together and subtract from (1) for a
determination of additional available capacity.
Newly Available Capacity
The total capacity of new facilities or system components, if
any, that will become available before or by the time they
are needed may be considered as in the computation above
only if the following conditions are met:
c.
(1)
The new facilities are not intended, committed nor
required as a volume-to-volume replacement for any
existing facilities.
(2)
Construction of the new facilities are underway or
will be completed by or prior to the time it is needed
or it is guaranteed in a binding contract or an
enforceable development agreement.
Alternatives to Lack of Available Capacity
Where available capacity or compliance with Levels of
Service standards cannot be demonstrated, the following
methods may be used to achieve compliance:
d.
(1)
The proposed development may be altered or
redesigned such that the projected Level of Service
conditions are in compliance with the applicable
service standards.
(2)
The project may provide the necessary
improvements to achieve and maintain the adopted
service standards. In such cases, the appropriate
plans
for
the
necessary
improvements,
documentation that such improvements are designed
to provide the capacity or detention and/or retain the
volume of water necessary to achieve and maintain
the adopted service standard, and recordable
instruments guaranteeing the construction of the
facilities shall be provided. Such improvements may
be on or off-site.
Demonstration of Compliance
The burden of demonstrating compliance with applicable
standards and associated requirements shall be upon each
applicant.
e.
Assignment of Maintenance Responsibilities
Prior to the issuance of development orders, an entity
responsible for maintenance responsibilities shall be
identified, assigned and accepted. Maintenance functions for
which responsibility must be assigned and accepted include
but are not limited to stormwater and other surface water
collection, conveyance, treatment, storage, and disposal
facilities, system components, and individual systems. The
scope of these responsibilities include the operational,
technical and financial obligations necessary to ensure that
proper level of long-term maintenance will be provided.
B.
Resource Issues
All development must be planned, designed, constructed and maintained to
meet the following resource protection standards for the management of
stormwater runoff:
1.
All development applications shall demonstrate that the proposed
development will not degrade or contribute to the degradation of
existing water quality conditions or adopted Levels of Service in the
City or the county.
5.04.04
2.
Existing wetlands shall be protected, preserved and, to the extent
feasible, enhanced by any permitted stormwater management
system. Attention should be given to hydroperiods, vegetative
communities and habitat values.
3.
Wetlands may be incorporated into a development's stormwater
management system, with the system being designed to protect and
enhance its functional values.
4.
The characteristics of stormwater runoff associated with any
development activity shall approximate the rate, volume, quality,
and timing of stormwater runoff that occurred under the site's natural
unimproved conditions for a twenty-five (25) year/twenty-four (24)
hour rainfall event, except that the first one inch of stormwater
runoff shall be treated for the removal of pollutants, and managed
for the storage of stormwater runoff in a manner consistent with
topography, soil conditions, runoff storage needs, quality and usage
of receiving waters, depth to groundwater table, proximity to
wetlands, and other factors that are pertinent to each site.
5.
The drainage area used in stormwater runoff calculations shall be
the natural or artificially modified watershed area, including land
areas beyond the boundaries of the proposed development.
6
The channeling or discharge of stormwater runoff directly into
receiving waterbodies shall be prohibited unless the waterbodies are
designed, permitted, constructed, and operated as wet detention
facility components of a stormwater or surface water management
system.
7.
All systems shall be designed to enhance groundwater recharge
where soil and groundwater conditions are conducive to percolation
while reducing the pollutant concentrations.
Design Standards
A.
General
l.
Natural vegetative systems shall be used to the maximum extent
practicable in management facilities.
2.
Each system shall be designed to adequately accommodate the
stormwater runoff that originates within the developed area being
served by the system and any stormwater that flows onto or across
the developed area from adjacent lands within the drainage area.
Each system shall also be designed to function properly for a
minimum twenty (20) year life, have low maintenance costs, and
provide access for maintenance equipment.
3.
The design and construction of each proposed facility/system shall
be certified as meeting the requirements of these regulations by a
professional engineer registered in the state of Florida.
4.
No surface drainage or stormwater runoff shall be channeled,
directed or discharged into a sanitary sewer.
5.
Stormwater detention and retention facilities and other man-made
surface water storage areas shall be designed according to the
following requirements, as applicable:
a.
Bank and sideslope gradients be no steeper than a 4 to 1 ratio
(horizontal to vertical).
b.
Banks and sides lopes be planted with appropriate vegetation
to prevent erosion and provide for slope stabilization.
c.
Wet detention ponds and other surface water storage areas
shall be designed and constructed with maximum water
depths not to exceed four to six feet over 80% of the surface
water area, based on ordinary or control water level
elevations, with maximum depths in the other 20% not to
exceed 10 feet.
6.
Natural surface waters shall not be used as sediment traps during or
after development.
7.
The shorelines of stormwater retention and detention facilities and
other constructed surface water storage areas shall be sinuous rather
than straight to increase shoreline littoral zone habitat and for
aesthetic reasons.
8.
Vegetated upland buffers of sufficient width to prevent erosion shall
be retained or created along the shores, banks or edges of all natural
or man-made surface waterbodies.
9.
In phased developments, the stormwater management system for
each integrated phase of completion shall be capable of functioning
independently of subsequent components.
10.
No on-site land disturbances such as vegetation removal, grading,
filling or similar activities shall be commenced until proper local,
and state approvals are received and erosion and sedimentation
control facilities have been installed and are operative for the
purpose of intercepting, receiving and treating stormwater runoff.
Such facilities will be installed between the areas to be disturbed and
waterbodies, water flowageways and wetlands.
11.
The land areas disturbed by development activity shall be as small
as practicable. Natural vegetation shall be retained and protected as
open space and used for landscaping.
12.
Wetlands shall not be impacted or adversely affected by the
construction of drainage facilities. Such facilities shall not be
located in close proximity to wetlands in order to avoid induced
lateral subsurface seepage from the wetland into the drainage
facility.
a.
b.
The following minimum distances between various types of
drainage facilities shall be adhered to in facility design and
construction:
(1)
Retention and detention facilities - no closer than 200
feet;
(2)
Canals, drainage ditches - no closer than 200 feet;
(3)
Man-made lakes - no closer than 200 feet;
(4)
Roadway underdrains - no closer than 200 feet;
(5)
Rear/side lot underdrains - no closer than 100 feet;
The minimum distances shall apply in each case unless one
of the following conditions is met:
(1)
The City and SJRWMD accept tests, calculations or
other evidence which demonstrate that deviations
from the above-identified distances are appropriate;
or
(2)
The elevations of the bottom of the drainage facility
will be higher than the ordinary low water elevation
in each potentially affected wetland area; or
(3)
Measures to avoid potentially adverse impacts to
wetlands are included in the design and construction
of the drainage facilities, with applicable examples
including clay core berms and impermeable liners.
13.
Wetlands shall not be used as the initial or primary means for
treatment of stormwater runoff. Runoff shall receive initial
treatment for the removal of debris, sedimentation and reductions in
nutrient concentrations, heavy materials and other pollutants prior
to discharge into wetlands, subject to the conditions contained
elsewhere in these regulations. However, the first one-half inch of
runoff shall be diverted to receive one of the following types of
treatment: retention, retention with underdrain filtration discharge
to wetlands, detention with filtered drawdown discharge to
wetlands, or long-term detention with discharge to wetlands.
14.
The construction of open canals and ditches below seasonal high
groundwater table elevations shall be prohibited.
15.
All data, information calculation methodologies, formulas and
specifications used in the planning and design of individual drainage
facilities and systems shall be subject to City approval.
16.
All retention-type treatment facilities shall be designed as dry
bottom basins, with the bottom being no less than one foot above
normal high groundwater elevation.
17.
Erosion and sedimentation control facilities shall receive regular
inspection and maintenance to ensure continued proper functioning.
18.
In locations where soil and groundwater table conditions are
conducive, overall development and stormwater system design shall
maximize the opportunity for stormwater infiltration and
percolation to groundwater on each project site. Design standards to
be considered include:
a.
Grading to retard surface runoff, and structures such as
bottomless inlets, perforated drain pipes, exfiltration
systems, vegetated depressions, swales and berms, and other
similar devices.
b.
Individual lots and parcels be planned and developed to
maximize the amount of rainfall that is percolated into the
soil and minimize the volume of stormwater runoff flowing
into the drainage system or receiving surface waterbodies.
c.
Stormwater runoff from impervious surfaces be directed into
grassed depressions, swales or terraces on each lot for
percolation and infiltration.
5.04.05
d.
Roadway drainage shall normally be provided by grassed
swales unless conditions are not conducive.
e.
Porous pavement should be used where vehicular traffic
conditions are conducive to the use of such pavement forms
and will not adversely affect the integrity and percolative
functioning of the pavement. If porous pavement is used, an
entity having responsibility for the proper and ongoing
maintenance of the pavement to assure its continued
functioning shall be identified and assigned, and must have
accepted such responsibility in a recordable instrument prior
to a development permits being issued.
f.
Land development forms and designs which provide
maximum opportunities for the on-site percolation of
stormwater runoff be encouraged, to include clustering and
other development patterns, use of open space for
stormwater percolation, terracing, conformance of site
design with topographical conditions, and maximizing the
retention of existing natural vegetation, or providing for the
re-establishment of native vegetation.
g.
Surface drainage systems which serve any land area which
contains an activity which manufactures, refines, stores, or
creates hazardous or toxic substances, shall be designed to
have no stormwater discharge which contains such
substances. Such systems shall provide for dry retention
storage, entrapment and removal of such substances from the
flow path and prevent intermixture with other stormwater
runoff.
Exemptions
A.
Single family residential units on existing (as of the time this Code was
adopted) individual lots are exempt from the stormwater management
requirements. However, the City will encourage homeowners to landscape
their property in such a way as to retain as much runoff as possible on the
property through the use of practices like berms and swales, depressions
and other commonly accepted stormwater management practices.
5.05.00
TRUCK ROUTES
5.05.01
Definitions
The following words, terms and phrases, when used in this Section, shall have the
meanings ascribed to them in this subsection, except where the context clearly
indicates a different meaning:
A.
“Hazardous material warning placard” means the standard, diamond-shaped
sign as required by Title 49 Code of Federal Regulations Part 172, as part
of the Hazardous Materials Transportation Act.
B.
“Non-regulated motor vehicles” (light trucks) means personal pickups and
passenger vans, including church, school and public buses.
C.
“Regulated motor vehicles” (medium and heavy trucks) means any motor
vehicle, other than a non-regulated motor vehicle designed, used or
maintained for the transportation of goods, equipment or material of a bulk
nature including, but not limited to, dump trucks, tractor trailers and semitrailer combinations.
D.
“Truck” means any motor vehicle designed, used or maintained for the
transportation of property in the following classifications:
E.
“Truck route” means certain streets as designated on the City's truck routing
plan, attached to, incorporated in and made a part of this Article as Exhibit
“A”, over and along which regulated motor vehicles may routinely operate
within the City during designated hours.
(Ord. No. 2005-10; § 1, 11-3-2005)
5.05.02
Establishment of Truck Route; Map; Hazardous Material Warning
Placards; Exceptions
A.
There is hereby established within the City a system of truck routes,
pursuant to State statutory law, as shown on the map on file in the office of
the City Administrator of the City of Lake Helen (See Exhibit “A”).
B.
Non-regulated motor vehicles may operate anywhere within the City
Limits.
C.
The streets indicated as truck routes on the map and no others may be used
by regulated motor vehicles, except when making deliveries within the City
Limits of the City. It is unlawful for a regulated motor vehicle to use any
street within the City Limits of the City for any purpose except for the
purpose of making a delivery to a location within the City Limits of the City
unless the street is designated a truck route.
D.
All amendments to Exhibit "A" may be made by means of adoption of a
resolution by the City Commission of the City of Lake Helen.
E.
All motor vehicles, regardless of size or type, that display or are required to
display hazardous material warning placards shall travel on a street
designated as a truck route except when making a delivery to a location
within the City Limits of the City. It is unlawful for a motor vehicle
displaying a hazardous material warning placard on any street except a
street designated as a truck route or when making a delivery within the City
Limits of the City.
F.
This Section shall not prohibit:
1.
Operation of a motor vehicle on streets of destination, but only if
authorized truck routes are used until reaching the intersection
nearest to the destination point, which destination must be proven
upon request by a law enforcement officer, through possession of a
valid and current delivery ticket or other dispatch order to the
destination address. This exception shall relate to all provisions of
this Section pertaining to deliveries within the City Limits of the
City.
2.
Official government and emergency motor vehicles.
3.
Detoured motor vehicles, on an officially established detour, if such
motor vehicles could lawfully be operated upon the street for which
the detour is established.
(Ord. No, 2005-10; § 2, 11-3-2005)
ARTICLE 6
CONCURRENCY MANAGEMENT
6.00.00
GENERAL
6.00.01
Purpose
6.01.00
CONCURRENCY REQUIREMENTS
6.02.00
APPLICATION AND REVIEW PROCEDURES
6.03.00
CONCURRENCY DETERMINATION
6.04.00
EXPIRATION OF CONCURRENCY CERTIFICATES
6.05.00
REVIEW STANDARDS
6.06.00
CONCURRENCY EVALUATIONS
6.07.00
INFRASTRUCTURE CAPACITY REPORTING AND MONITORING
ARTICLE 6
CONCURRENCY MANAGEMENT
6.00.00
GENERAL
6.00.01
Purpose
This Article is designed to implement the concurrency provisions of the
Comprehensive Plan as required by Chapter 163, Part II, F.S. and Rule 9J-5, F.A.C.
In order to assure capacity of public facilities for new growth, all new development
will be reviewed to determine the effect of such development on the public facilities
of the City. No new development or redevelopment will be permitted which would
have the effect of degrading the level of service of any public facility system below
that level established in the comprehensive plan.
6.01.00
CONCURRENCY REQUIREMENTS
A.
A Concurrency Certificate shall be required to be granted by the City prior
to the issuance of any development permit or approval except as exempted
in the Article. The following are determined to be development permits
requiring a concurrency certificate:
1.
Building Permit
2.
Preliminary Development Order
3.
Final Development Order
4.
Final Plat
B.
A Concurrency Certificate shall be required prior to commencement of
construction of any new public facilities by any other government, school
board or quasi-governmental agency.
C.
A Concurrency Certificate shall not be required when development orders
or building permits for single family homes or duplexes within existing
platted subdivisions of record recorded prior to the effective date of this
Article or where all public facilities required within the subdivision to
support the property has been provided and accepted by the City.
D.
If the proposed change of use shall have an impact on public facilities and/or
services which is equal to or less than the previous use, then the proposed
change, redevelopment or modification of use may proceed without the
encumbrance of additional capacity in accordance with the provisions of
this Article.
For purposes of this section, the term “previous use” shall mean either: the use
existing on the site when a concurrency evaluation is sought; or if no active use
exists on the site at the time when a concurrency evaluation is sought, then the most
recent use on the site within the 10 year period immediately prior to the date of
application.
6.02.00
APPLICATION AND REVIEW PROCEDURES
A.
Development projects shall be reviewed to determine the effect of the
project on the capacity of the following public facilities:
1.
2.
3.
4.
5.
6.03.00
Transportation Systems
Potable Water Systems
Park and Recreation Facilities
Stormwater Management Systems
Solid Waste Collection and Disposal Capacity
B.
Review shall be initiated by the owner, developer or authorized agent by
submitting a completed Concurrency Application. This may be done in
conjunction with other development review procedures. The application
shall include a site plan drawn from or based on a survey of the site, legal
description of the property and all other information requested so that a
determination of the size, scale and nature of the infrastructure impacts can
be determined. Incomplete applications will be returned to the applicant.
C.
The applicant shall provide all of the pertinent information required for the
City to assess the impacts of the development and make a concurrency
determination.
CONCURRENCY DETERMINATION
A.
Upon completion of a review by the PLDRC, a written Concurrency
Determination shall be issued stating whether infrastructure capacity is
available to accommodate the proposed project. The determination shall
specify the capacity needed for the project.
B.
If the necessary capacity is available, the determination shall constitute a
temporary reservation of that capacity for the project for a period of 30 days.
During this temporary reservation period, a Concurrency Certificate shall
be issued upon payment of fees as established by the City.
C.
If the necessary capacity is available, but action by the City Commission is
required for approval of the development, the temporary reservation period
shall extend for 30 days following Commission action.
D.
6.04.00
6.05.00
If the necessary capacity is not available, the Concurrency Determination
shall identify each infrastructure system where capacity is not available and
the extent of the deficiency.
EXPIRATION OF CONCURRENCY CERTIFICATES
A.
The Concurrency Certificate shall expire upon the expiration of the building
permit or development order for which the certificate was issued including
any extensions, renewals, or subsequent development orders for the same
project.
B.
Where not otherwise provided a Concurrency Certificate shall expire after
one year.
REVIEW STANDARDS
The standards used in the review of projects for available capacity shall be the level
of service standards established in the City's Comprehensive Plan.
6.06.00
CONCURRENCY EVALUATIONS
A.
The City shall conduct a concurrency evaluation prior to the issuance or
denial of a Concurrency Certificate. The City shall utilize evaluation
methodologies as identified below and may also consider other appropriate
methodologies, evaluations, studies, documents, or other information
submitted by the applicant that are deemed to provide accurate information
in the quantification of infrastructure capacity impacts.
B.
Concurrency evaluations shall be conducted prior to the issuance of all
development permits specified in this Article as requiring a Concurrency
Certificate. In addition, a Concurrency Evaluation shall be prepared for
review in conjunction with all preliminary plats in excess of four lots.
C.
Concurrency evaluations shall also be prepared for review in conjunction
with applications for Comprehensive Plan map amendments.
D.
In order to measure the demands for infrastructure capacity from
development, the following methods shall be used:
Infrastructure System
Potable Water
Solid Waste
Method
Capacity: Established by the Dept. of
Environmental Regulation
Demand: Rule 100 - 6, FOHRS
Capacity: As determined by Volusia
County Demand: Average customer
Parks and Recreation
Traffic Circulation
Drainage
6.07.00
demand based on records of past usage.
Capacity: Total existing park land acreage
Demand: Number of permanent residential
housing units x 2.51 persons
Capacity: Florida Highway Capacity
Manual
Demand: ITE Manual, latest edition
Established in Section 5.04.03 of the
Stormwater regulations
E.
In performing capacity evaluations for potable water, the evaluation is
limited to an assessment of the infrastructure capacity available at the
applicable water production plant. The evaluation does not address the
adequacy of capacity in water distribution pipes necessary to serve the
proposed development. It is the responsibility of applicants to ascertain
whether the water distribution system is adequately sized and in place to
serve the development.
F.
In performing concurrency evaluations for stormwater, the evaluation is
limited to an assessment of conformance to the stormwater regulations.
G.
In performing concurrency evaluations for traffic circulation or roadway
capacity, the evaluation shall conform to the following parameters:
1.
The level of service shall be based on the peak hour directional
traffic flow.
2.
Trip generation rates shall be based upon the latest edition of ITE's
Trip Generation Manual or other specific local site surveys deemed
by the City to be representative of the proposed use. All generated
trips shall be assumed to be external, unless documented. Any
internal capture passerby, or transit that is assumed, must be
documented and is subject to acceptance by the City.
3.
For commercial project which are greater than five (5) acres, the
applicant shall provide a traffic study which is certified by a Florida
Registered professional engineer.
4.
In determining the impact of a project, the review shall encompass
the impact within one half mile of the development site. However,
the City may require a larger traffic impact area to be studied based
on the scale of the project and its traffic generation.
INFRASTRUCTURE CAPACITY REPORTING AND MONITORING
By January 31st of each year the PLDRC shall complete and submit to the City
Commission an Annual Capacity Availability Report. This report shall evaluate
development permitting activity for the previous year and determine existing
conditions with regard to available capacity for the infrastructure facilities subject
to concurrency. The report shall specify the capacity used during the previous year
and shall evaluate and project the capacity available and time remaining until
available infrastructure capacity is exhausted. The report shall include any vested
capacity as well as that for which development permits have been issued.
ARTICLE 7
ACCESSORY STRUCTURES AND USES
7.00 .00
PURPOSE
7.00.01
Legislative findings, Ordinance Number 2001-04
7.00.02
Legislative Findings, Ordinance Number 2003-05
7.00.03
Legislative Findings, Ordinance Number 2007-01
7.01.00
ACCESSORY STRUCTURES
7.01.01
General Standards and Requirements
7.01.02
Satellite Dish Antenna
7.0l.03
Storage Buildings, Utility Buildings, Greenhouses
7.0l.04
Swimming Pools, Hot Tubs, and Similar Structures
7.0l.05
Fences, Hedges, and Walls
7.02.00
ACCESSORY USES
7.02.01
Accessory Apartments
7.02.02
Home Occupations
7.02.03
Outside Storage Uses
7.02.04
Bed and Breakfast
7.02.05
Commercial Vehicle Parking
ARTICLE 7
ACCESSORY STRUCTURES AND USES
7.00.00
PURPOSE
It is the purpose of this Article to regulate the installation, configuration, and use
of accessory structures, and the conduct of accessory uses, in order to ensure that
they are not harmful either aesthetically or physically to residents and surrounding
areas.
7.00.01
Legislative findings, Ordinance Number 2001-04
The City Commission of the City of Lake Helen has determined, after considering
sound and generally accepted planning and land use principles and the desires of
the citizens of the City, that the appropriate land use/zoning
district/category/classification for the location and operation of bed and breakfast
facilities
is
the
Mixed
Commercial
land
use
district/zoning
district/category/classification.
(Ord. 2001-04; §1 6-21-2001)
7.00.02
Legislative Findings, Ordinance Number 2003-05
WHEREAS, the City Commission of the City of Lake Helen has concluded
that the use of residential properties for home occupations should be appropriately
regulated in order that the high quality of life enjoyed by the citizens of the City
will be maximized and continued; and
WHEREAS, the application of sound land use and planning principles has
resulted in the conclusion that the provisions of Section 7.02.02 of the Code of
Ordinances of the City of Lake Helen should be substantially modified; and
WHEREAS, the City Commission, based upon a consideration of the
foregoing, the contents of the various documents presented to the City
Commission and the deliberations of the Planning and Land Development
Regulation Commission, finds that adopting an amendment to the Code of
Ordinances of the City of Lake Helen is appropriate and will further the interests
of the City and its citizens.
(Whereas, Ord. No. 2003-05, §1, 10-2-2003)
7.00.03
Legislative Findings, Ordinance Number 2007-01
WHEREAS, the City Commission of the City of Lake Helen has concluded
that the use of residential properties for home occupations should be appropriately
regulated in order that the high quality of life enjoyed by the citizens of the City
will be maximized and continued; and
WHEREAS, the application of sound land use and planning principles has
resulted in the conclusion that the provisions of Section 7.02.02 of the Code of
Ordinances of the City of Lake Helen should be substantially modified; and
WHEREAS, the City Commission, based upon a consideration of the
foregoing, the contents of the various documents presented to the City
Commission and the deliberations of the Planning and land Development
Regulation Commission, finds that adopting an amendment to the Code of
Ordinances of the City of Lake Helen is appropriate and will further the interests
of the City and its citizens.
(Whereas, Ord. No. 2007-01; §1, 1-18-2007)
7.01.00
ACCESSORY STRUCTURES
7.01.01
General Standards and Requirements
Any number of different accessory structures may be located on a parcel,
providing that the following requirements are met:
A.
There shall be a permitted principal development on the parcel, located in
full compliance with all standards and requirements of this Code.
B.
Temporary accessory uses such as storage sheds related to construction
sites are exempt from these requirements, but they shall require a permit
and shall be removed from the site within 30 days after the issuance of a
Certificate of Occupancy.
C.
All accessory structures shall comply with standards pertaining to the
principal use.
D.
Accessory structures shall not be located in a required buffer, landscape
area, or minimum building setback area.
E.
Accessory structures shall be included in all calculations of impervious
surface and stormwater runoff.
F.
Accessory structures shall be shown on any concept development plan with
full supporting documentation.
G.
No accessory structure, other than walls and fences required by Section
7.02.03 B, and accessory buildings, shall exceed twelve feet (12') in height.
H.
1.
Accessory buildings shall be set back a minimum of twenty feet
(20') from any property line; provided, however, that accessory
buildings that do not exceed one hundred fifty (150) square feet in
size can be set back a minimum of ten feet (10') from property lines.
2.
The maximum height of an accessory building shall not exceed
fifteen feet (15'), unless a deviation to said height limitation is
granted by the City; Notwithstanding the foregoing, an accessory
building located on a lot or parcel of one and one-quarter (1 ¼ )
acre or greater in size shall be permitted, without the necessity for
a height deviation being granted, to have a maximum height of
twenty-five feet (25'), if said accessory building is set back a
minimum of fifty feet (50') from all property lines. In the event that
a property owner of a lot or parcel of one and one-quarter (1 ¼ )
acre or greater in size desires to locate an accessory building, that
is greater than fifteen feet (15') in height, at a distance that is less
than fifty feet (50') from all property lines, said property owner
shall be required to obtain a height deviation approval from the
City.
Height deviations of up to ten feet (10') may be granted
administratively. Height deviations greater than ten feet (10') shall
require approval by the City Commission. Factors to be considered
when determining whether or not a height deviation will be granted
shall include: (a) the specific need for the deviation; (b)
architectural design enhancements facilitated by the deviation; (c)
compatibility with adjacent and nearby structures; (d) distance of
the proposed accessory building from adjacent property lines; and,
(e) topographic features in and around the location of the proposed
accessory building.
3.
Any future division of a property upon which an accessory building
exceeding fifteen feet (15') in height has been placed on, or after,
May 17, 2001, shall be required to provide, at a minimum, for a
setback of said accessory building that is consistent with the
setback that has been permitted in accordance with the provisions
of this Section.
(Ord. No. 2006-01; § I, 2-2-2006) (Ord. No. 2006-05; §I, 4-6-06)
I.
Accessory buildings greater than one hundred and fifty (150) square feet
in size shall be architecturally compatible (meaning similar or
complementary in style and materials) with the principal building and/or
surrounding properties. The compatibility requirements of this Subsection
are not applicable to accessory structures located on lots or parcels two and
one half (2.5) acres in size or greater; provided, however, that a minimum
setback of one hundred (100) feet shall be maintained from any and all
property lines. Any division of a lot or parcel, on which an accessory
building that does not comply with the compatibility requirements of this
Subsection is constructed after June 21, 2001, shall maintain a minimum
size of two and one half (2.5) acres and shall provide for said accessory
building to be set back a minimum of one hundred feet (100') from any and
all property lines created by the division of the lot or parcel.
(Ord. 2001-05; § 1, 6-21-2001)
7.01.02
Satellite Dish Antenna
A.
General Standards
1.
2.
All satellite dish antenna installations beginning with the enactment
of this Code shall meet the following requirements:
a.
The satellite dish antenna shall be considered a structure
requiring a building permit to be issued prior to installation.
Subsequent to installation, the antenna shall be maintained
in compliance with all applicable building and electrical
codes.
b.
The satellite dish antenna installation and any part thereof
shall maintain vertical and horizontal clearances from any
electric lines and shall conform to the National Electric
Safety Code.
c.
The satellite dish antenna installation shall meet all FCC
and manufacturer specifications, rules, and requirements.
d.
The satellite dish antenna shall be of a nonreflective surface
material and shall be made, to the maximum extent
possible, to conform and blend, taking into consideration
color and location, with the surrounding area and structures.
e.
The satellite dish antenna shall contain no advertising or
signage of any type.
f.
The installer of any satellite dish antenna, prior to
installation, shall submit detailed blueprints/drawings of the
proposed satellite dish antenna installation and foundation
which shall be certified by the manufacturer or a
professional engineer.
g.
The satellite dish antenna installation shall be permitted to
be placed in side and rear areas of the main dwelling or
commercial structure only.
h.
The satellite dish antenna shall be screened from view from
a public right-of-way.
The following standards are for installations in developments:
B.
a.
A satellite dish antenna shall be considered an accessory
structure to the main dwelling structure and shall not
constitute the principal use of the property.
b.
The satellite dish antenna installed pursuant to this
subsection shall not be used for any commercial purposes.
It shall only provide service to the main dwelling structure.
c.
Satellite dish antenna installations shall be limited to one
installation per residential lot.
d.
The maximum size of the satellite dish antenna, whether
ground or pole-mounted, shall be limited to twelve (12) feet
in diameter.
e.
The maximum height of a ground-mounted satellite dish
antenna installation shall be fifteen (15) feet.
f.
The maximum height of a pole-mounted satellite dish
antenna installation shall be thirteen and one-half (13 ½)
feet above the eaves of the roof.
g.
A satellite dish antenna shall not be permitted to be installed
on the roof of any main dwelling structure.
h.
The satellite dish antenna installation, whether ground or
pole, shall be mounted at a fixed point and shall not be
portable.
Nonconforming Antenna
Any satellite dish antenna lawfully installed prior to the enactment of this
Code shall be allowed to remain, until such time as it is replaced or moved.
At the time of replacement or relocation, the provisions of this Code shall
be met.
7.01.03
Storage Buildings, Utility Buildings, Greenhouses
A.
No accessory buildings used for industrial storage of hazardous,
incendiary, noxious, or pernicious materials shall be located nearer than
one hundred (100) feet from any property line.
B.
Storage buildings, greenhouses, and the like shall be permitted only in
compliance with standards for distance between buildings, and setbacks, if
any, from property lines.
7.01.04
7.01.05
C.
Storage and other buildings regulated by this section shall be permitted
only in side and rear yards, and shall not encroach into any required
building setback from an abutting right-of-way.
D.
Storage and other buildings regulated by this section shall be included in
calculations for impervious surface, floor area ratio, or any other site
design requirements applying to the principal use of the lot.
E.
Vehicles, including manufactured housing and mobile homes, shall not be
used as storage buildings, utility buildings, or other such uses.
Swimming Pools, Hot Tubs and Similar Structures
A.
Swimming pools, hot tubs and similar structures shall require a permit.
B.
Swimming pools shall only be permitted in side and rear yards, and shall
not encroach into any required building setback.
C.
Enclosures for pools shall be considered a part of the principal structure
and shall comply with standards for minimum distance between buildings,
yard requirements, and other building location requirements of this Code.
D.
All pools shall be completely enclosed with an approved wall, fence or
other substantial structure not less than five (5) feet in height. The
enclosure shall completely surround the pool and shall be of sufficient
density to prohibit unrestrained admittance to the enclosed area through
the use of self-closing and self-latching doors.
E.
No overhead electric power lines shall pass over any pool unless enclosed
in conduit and rigidly supported, nor shall any power line be nearer than
ten (10) feet horizontally or vertically from the pool's water edge.
F.
Excavations for pools to be installed for existing dwellings shall not exceed
a 2:1 slope from the foundation of the house, unless a trench wall is
provided.
G.
Ground fault detectors shall be required.
Fences, Hedges and Walls
A.
All fences to be built shall comply with the Standard Building Code. The
posts of each fence must be resistant to decay, corrosion, and termite
infestation. The posts must also be pressure-treated for strength and
endurance.
B.
Fences or hedges may be located in all front, side and rear yard setback
areas. Walls shall not be located in the front yard or, for those comer lots
where the property faces two (2) roadways, in the side yard facing the
roadway. No fences or hedges shall exceed four (4) feet in height when
placed in the front yard (the yard abutting a road or public right-of-way).
Each fence or wall located in the side and rear yard setbacks shall not
exceed the height of six (6) feet.
C.
In areas where the property faces two (2) roadways or is located in any
other area construed to be a comer lot, no fence or hedge shall be located
in the vision triangle.
D.
Any fence located adjacent to a public right-of-way or private road shall
be placed with the finished side facing that right-of-way. These fences shall
not have barbed wire, electric wire, or any other items affixed to them that
may pose a safety hazard.
E.
A fence required for safety and protection of hazard by another public
agency may not be subject to height limitations above. Approval to exceed
minimum height standards may be given by the Building Official upon
receipt of satisfactory evidence of the need to exceed height standards.
F.
No fence, hedge or wall shall be constructed or installed in such a manner
as to interfere with drainage on the site.
7.02.00
ACCESSORY USES
7.02.01
Accessory Dwelling Units
A.
Purpose
The purpose of this section is to further the City's goal to provide affordable
housing without changing the low-density, predominantly single-family
character of the City. Providing the opportunity for and encouragement of
small, rental housing units will help meet the housing needs of single
persons and couples as well as ease the financial burden of homeowners,
particularly elderly persons who might otherwise have difficulty finding
homes. This section is also intended to protect the property values and
residential character of neighborhoods where accessory units are located.
B.
Development Standards
Accessory units shall be allowed by permit in residential areas provided
that all of the following requirements shall be met:
1.
No more than one (1) accessory dwelling unit shall be permitted on
any residential lot.
C.
2.
The unit may be established through 1) conversion of existing floor
space in a single-family structure; 2) an addition to an existing
accessory structure, provided it is located within the area of the lot
allowed for principal dwellings.
3.
The accessory unit may not be constructed within the front yard of
any lot.
4.
The accessory unit shall be clearly subordinate to the principal
dwelling and shall not exceed 25 percent of the total floor space of
the original dwelling plus an additional space required to meet the
300 square foot minimum. The exterior appearance and character
shall be compatible with the existing principal dwelling and
neighborhood.
5.
Each accessory unit shall contain its own private and separate
bathroom and kitchen and have separate access to the outside.
6.
One additional off-street parking space shall be provided for the
accessory unit.
7.
The accessory unit shall be a minimum of 300 square feet.
Occupancy
The owner shall reside in one of the two dwelling units, which shall be
his/her principal residence.
7.02.02
Home Occupations.
A.
The intent of this section is to allow a person to engage in a home
occupation, or to establish a home office, within a residential dwelling in
which the person resides, or within an accessory building on the parcel on
which the residential dwelling is located, so long as the character and
integrity of the residential neighborhood is preserved and the neighborhood
is protected from possible adverse impacts associated with said occupation
or office. Home occupations that would require more than one employee
who is not a family member residing on the premises of the property on
which the home occupation is conducted, home occupations that would
typically require more than one delivery or pick up each day, and home
occupations that would typically serve more than one visitor per hour
would exemplify occupations that would generally be considered to be too
intense in nature to be consistent with the stated intent of this section and
should, therefore, be conducted in an appropriate non-residential land use
district.
B.
Examples of permitted home occupations include, but are not necessarily
limited to, the following:
Consulting
Bookkeeping/Accounting
Mail Order/Manufacturer’s Agent
Interior Decorator/Designer
Word Processing
Insurance Agent
Contractor (office only)
Artist/Sculptors
Architect/Engineer
Authors/Composers
Examples of prohibited home occupations include, but are not necessarily
limited to, the following:
C.
Adult Entertainment
Kennels
Clubs, Private
Modeling of Clothing
Escort Services
On-site Sale of Retail or Wholesale
Products
Tow Truck Service
Tattoo and Piercing
Vehicle Sales or Rental
Non-State Licensed Massage
A home occupation permitted in accordance with the provisions of this
Section is subject to the following conditions, at a minimum:
1.
The home occupation shall not be conducted in an area that exceeds
one-third 1/3) of the heated and cooled area of the residential
dwelling unit.
2.
The home occupation must be clearly incidental to the residential
use of the property, which must be that of a single-family
residential use.
3.
The home occupation business may employ members of the family
unit residing on the property.
4.
The home occupation business may employ one (1) employee who
is not a member of the family unit residing on the property.
5.
If a home occupation is a retail or wholesale products production
or assemblage business, no article or commodity may be offered
for sale or publicly displayed on the premises. However, offpremises sales of such retail and wholesale products are allowed,
so long as said sales are in compliance with the City of Lake Helen
Code of Ordinances. If a home occupation is a service provision
business, no article or commodity may be offered for sale publicly
displayed on the premises except those incidental to the service
offered.
6.
Outside display of materials relating to the home occupation is
prohibited.
7.
Outside storage of materials relating to the home occupation is
prohibited.
8.
One (1) motor vehicle associated with the home occupation may be
housed or resident on the property which vehicle may have a
maximum of two (2) axles and shall not be a motor vehicle that is
generally utilized to make deliveries.
9.
The home occupation may serve only one (1) client or customer at
any one (1) time.
10.
Off street parking for the home occupation may be used or
permitted, but shall consist of no more than one (1) client/customer
parking space and no more than one (1) non-family member
employee parking space; provided, however, that none of said
parking spaces may be located in the front yard of the premises.
11.
Signage for the home occupation shall not be permitted. Signage
on motor vehicles shall not be considered signage limited under the
provisions of this Section.
12.
The appearance of the structure within which the home occupation
is conducted shall not be altered in any respect so as to cause the
structure to appear in any way disparate or distinct from a
residential structure.
13.
It is unlawful for the activities conducted in pursuit of a home
occupation to disturb the peace, quiet and tranquility of the
residences located in the area of the structure at which the home
occupation is being pursued and it is unlawful for the activities
conducted in pursuit of the home occupation to detract from the
residential character of the neighborhood in which the residential
structure is located.
14.
It is unlawful for the activities conducted in pursuit of a home
occupation to create dust, vibration, smell, odors, smoke, glare,
electrical interference, fire hazard, or any other nuisance or activity
that is not generally conducted in a residential structure.
D.
15.
It is unlawful for the activities conducted in pursuit of a home
occupation to generate traffic that exceeds the number or intensity
of trips that would normally occur in a residential area in which a
business activity did not exist.
16.
If the property on which a home occupation is proposed to be
conducted is rented, notarized written approval to conduct said
occupation shall be obtained from the owner of the property.
17.
Authority to conduct a home occupation shall not be transferable:
(a) to another person at the same location except to a family
member living on the premises intending to continue the existing
home occupation without interruption at the same location; (b) to a
different structure at the same location; (c) to any use other than the
use for which the home occupation use has been granted a permit
to be conducted on the property; or (d) from one location to another
through the sale, lease, or rental of the property or in any other
manner.
The uses of residential property for a home occupation shall be provided
for by means of a permit approval in accordance with the following review
procedures:
1.
Proposed home occupations that have neither outside employees,
nor clients visiting the premises of the home occupation, shall be
reviewed and final action taken by the City Administrator. In taking
final action, the City Administrator shall be empowered to approve,
approve with conditions, or deny the home occupation application.
2.
Proposed home occupations that will employ an outside employee,
that will have clients visiting the premises of the home occupation,
or that will be conducted in an area that is not part of the main living
area of the residence, shall be reviewed by the Planning and Land
Development Regulation Commission, with final action on the
application to be taken by the City Commission upon review of the
PLDRC's recommendation. In taking final action, the City
Commission shall be empowered to approve, approve with
conditions, or deny the home occupation application.
3.
Proposed home occupations that the City Administrator determines
to be unique, unusual or not commonly accepted as home
occupations shall be reviewed by the Planning and Land
Development Regulation Commission, with final action on the
application to be taken by the City Commission upon review of the
PLDRC's recommendation. In taking final action, the City
Commission shall be empowered to approve, approve with
conditions, or deny the home occupation application.
4.
Within three (3) days of the submission of an application for a
home occupation permit that will require review by the Planning
and Land Development Regulation Commission, the applicant
shall: (a) notify, by certified mail, all property owners within 300
feet of the property that a Home Occupation Permit Application has
been filed, and provide a copy of such notification to the PLDRC;
and (b) place a Home Occupation Permit Application notification
sign on the property. The notification letter and sign shall provide
the following information: (a) the date that the application has
been filed; (b) the type of home occupation applied for; the date
that the Planning and Land Development Regulation Commission
will review the application; (c) the date that the City Commission
is expected to review the PLDRC's recommendation and take final
action on the application; and, (d) a reference to the section of the
City Code that describes the City's process for appeals. It shall be
the burden of the applicant for a home occupation permit to clearly
and convincingly prove that the application meets the standards and
requirements set forth in Subsection C. above. The applicant shall
pay any and all costs and application fees associated with
processing and reviewing the application, as established by the
City.
E.
The City may enforce the provisions of this Section and the conditions of
approval of any home occupation permit by any lawful means available to
the City under State law and the provisions of the Code of Ordinances of
the City of Lake Helen. The City Commission shall have the power and
authority to revoke any home occupation permit in the event that: (1) the
permittee fails to comply with the terms of the permit's approval: (2) there
are substantial, well-founded citizen complaints regarding the conduct of
the home occupation that demonstrate, to the City Commission's
satisfaction, that the home occupation is having an adverse impact on the
neighborhood in which the home occupation is located; or (3) the
residential dwelling or accessory building in which the home occupation is
conducted is determined by the City Commission to no longer be fit to
house the home occupation. The City Administrator, upon a determination
by the City Commission that such a revocation shall occur, shall give the
permittee written notice of the revocation of the permit approval.
F.
Appeal of any final action taken by the City Administrator or City
Commission shall be conducted in accordance with the provisions of
Section 14.01.00 of the Code of Ordinances of the City of Lake Helen.
G.
The fact that an applicant has paid the business license tax shall not vest
the applicant with any rights to receive or maintain a home occupation.
(Ord. No. 2003-05, §1, 10-2-03; Ord. No. 2007-07; §1, 1-18-2007)
7.02.03
Outside Storage Uses
In addition to any applicable requirements outlined in section 7.01.03, all outside
storage uses shall conform to the following standards:
7.02.04
A.
Within all Residential and Mixed Commercial land use districts, and within
300 ft. of any Residential and Mixed Commercial land use district, all
storage facilities except those for passenger vehicles shall be in completely
enclosed buildings.
B.
All outside storage shall be effectively screened by a solid wall or wood
fence at least six (6) feet in height, but in no case lower than the material
being stored.
C.
The wall or fence must be kept in good repair and sanitary conditions must
be maintained within the storage area. The products or items stored must
be compatible with allowable principal uses in the land use district.
D.
Where a fence or wall surrounding a storage area faces the street, there
shall be no more than one opening in the fence or wall for each 300 feet of
length. The opening shall not exceed 20 feet in width and shall be
provided with a solid gate or door which must be kept closed except for
passage of vehicles.
E.
Where vehicles are stored outside, they shall be licensed and maintained in
operable condition. Where not so maintained, they shall be removed from
the premises or stored in a building.
F.
For vehicles undergoing bona fide restoration, they may be stored outside
upon application and approval of a no-fee permit issued by the City and
valid for a 12 month period. Extensions may be recommended by the City
Clerk for a 12 month period.
Bed and Breakfast Facilities
Bed and breakfast facilities are a permitted use on property assigned the Mixed
Commercial land use/zoning classification/category/district subject to the
following requirements:
A.
Not more than three (3) rooms for lodging shall be offered to the public for
overnight accommodations unless, upon application, a larger number is
approved by the City Commission upon a finding of land use compatibility
with land uses located on adjacent and proximate parcels and that the
necessary and adequate public facilities and parking areas will be available.
B.
The rooms for lodging of guests in a bed and breakfast facility shall not
occupy more than fifty percent (50%) of the gross habitable floor area of
the building.
C.
The external appearance of the building site shall be residential in character
and appearance and shall be compatible with the structures adjacent to and
proximate to the site.
D.
Only a non-illuminated nameplate placed in a logical and appropriate
location on the property, tastefully displayed and adequately lighted for
guests arriving after dusk shall be permitted as signage for the site unless,
upon application, the City Commission finds that additional signage is
necessary and would be appropriate and in accordance with sound and
generally accepted planning and land use practices and principles and will
maintain compatibility with adjacent and proximate uses. Any additional
signage permitted must be consistent with the provisions of this Code.
E.
A bed and breakfast facility shall not be permitted if it will be located
within one thousand two hundred feet (1,200 ft.) of an existing bed and
breakfast facility which is located on a parcel assigned a residential zoning
classification. Such distance shall be measured from the nearest property
lines of each parcel.
F.
Each bed and breakfast facility must be operated by an on premises owneroccupier of the building. If the establishment is owned by a legal entity
other than a natural person, it must maintain an operator on premises at the
establishment at all times.
G.
Food and related services may only be offered to registered guests of the
bed and breakfast facility, unless the facility is also licensed and permitted
as a restaurant and/or retail sales establishment, and may offer to the public
special functions, such as weddings, receptions and other short term events
upon a determination at the time of development plan or building permit
approval, as applicable, that parking and other necessary public services
are available to accommodate such events and that such activities are
compatible with land uses occurring on adjacent and proximate parcels.
(Ord. 2001-04; §3, 6-21-2001)
7.02.05
Commercial Vehicle Parking
Only commercial vehicles meeting all of the following standards shall be
permitted to be parked within residential districts:
A.
Gross vehicle weight not over 10,000 pounds;
B.
Not over 2 axles nor more than 6 tires;
C.
Total sign area on the vehicle not over 4 sq. ft.
The parking of all other commercial vehicles is prohibited on the public streets or
on or within privately owned driveways or property within all residential districts,
except for loading or unloading purposes or when parked within a completely
enclosed private garage.
See also Article 5, 5.02.00, Off-Street Parking and Loading.
ARTICLE 8
SIGN REGULATIONS
8.01.00
GENERAL
8.0l.01
Purpose
8.01.02
Legislative Findings and Intent, Ordinance 2009-04.
8.0l.03
Applicability
8.02.00
EXEMPTED SIGNS
8.03.00
PROHIBITED SIGNS
8.04.00
DETERMINATION OF SIGN NUMBER AND COPY AREA
8.04.01
Number Of Signs
8.04.02
Copy Area Square Footage
8.04.03
Maximum Sign Number and Copy Area
8.04.04
Examples of Sign Number, Copy Area, and Measurement
8.05.00
SIGN REGULATIONS IN RESIDENTIAL AND COMMERCIAL
DISTRICTS
8.05.01
Types of Signs Permitted
8.05.02
Maximum Allowable Sign Copy Area Permitted Per Premises
8.05.03
Maximum Number of Signs Permitted
8.05.04
Maximum Height of Signs
8.05.05
Minimum Distance from Lot Lines
8.06.00
SIGN REGULATIONS IN INDUSTRIAL DISTRICTS
8.06.01
Type of Signs Permitted
8.06.02
Maximum Copy Area Permitted Per Premises
8.06.03
Requirements by Sign Type - Industrial Districts
8.06.04
Minimum Distance from Lot Lines
8.07.00
SHIELDING SOURCE OF ILLUMINATION
8.08.00
NONCONFORMING SIGNS
8.09.00
BILLBOARDS
8.09.01
Legislative Findings, Ordinance 2001-08
8.09.02
Legislative Findings
8.09.03
Limitations on Billboards
8.09.04
Limitation on Number, Size and Orientation of Billboard Faces
8.09.05
Reconstruction of Damaged or Destroyed Existing Structures
8.09.06
Removal or Trimming of Trees and Vegetation.
8.10.00
MASTER OR COMMON SIGNAGE PLAN
8.10.01
Master Signage Plan
8.10.02
Common Signage Plan
8.10.03
Provisions of Common Signage Plan
8.10.04
Limitation on Number of Ground Signs
8.10.05
Other Provisions of Master or Common Signage Plans
8.10.06
Consent
8.10.07
Procedures
8.10.08
Amendment
8.10.09
Existing Signs
8.10.10
Binding Effect
ARTICLE 8
SIGN REGULATIONS
8.01.00
GENERAL
8.01.01
Purpose
It is the purpose of this article to encourage the effective use of signs as a means of
communication in Lake Helen, to maintain and enhance the aesthetic environment
and the city's ability to attract sources of economic development and growth, to
improve pedestrian and traffic safety, to minimize the adverse effect of signs on
nearby public and private property, and enable the fair and consistent enforcement
of these sign regulations.
8.01.02
Legislative Findings and Intent, Ordinance 2009-04.
WHEREAS, the City Commission of the City of Lake Helen discussed the
need and desire for amendments to the City's sign regulations regarding subdivision
signs at the Commission's Regular Meeting of September 18, 2008; and
WHEREAS, the City Commission requested that the City of Lake Helen
Planning and Land Development Regulation Commission (PLDRC) review and
make recommendations regarding proposed revisions to the City's sign regulations
relating to subdivision signage; and
WHEREAS, over the course of several subsequent PLDRC meetings, the
PLDRC deliberated on proposed changes to the City's sign regulations relating to
subdivision signage, as well as deliberated on ancillary issues related to Code crossconsistency related to proposed sign regulation revisions; and
WHEREAS, the PLDRC voted, at its Regular Meeting of January 26, 2009,
to recommend revisions to the Code of Ordinances relating to subdivision signage
and cross-consistency; and
WHEREAS, the City Commission has considered the recommendations of
the PLDRC, and City staff, and has determined that recommended revisions to the
Code of Ordinances are desirable to implement.
(Whereas, Ord. No. 2009-04; §1, 4-16-2009)
8.01.03
Applicability
This article requires a permit for a variety of types of signs. A sign may be erected,
placed, established, painted, created, or maintained in the city only in conformance
with the standards, procedures, exemptions, and other requirements of this article,
and the signage provisions of the Gateway Corridor Standards Ordinance (Article
15), as may be amended from time to time. The Gateway Corridor Standards
Ordinance (Article 15) has specific applicability to signage within the City's
Gateway Corridor boundaries. Where conflicts are perceived to exist between this
article and the signage provisions of the Gateway Corridor Standards Ordinance
(Article 15), the City shall make the determination as to the applicability of this
article, or the provisions of the Gateway Corridor Standards Ordinance (Article 15),
in resolving said conflicts.
(Ord. No. 2009-04, §2, 4-16-2009)
8.02.00
EXEMPTED SIGNS
The following signs are exempt from the provisions of this article:
A.
Signs not exceeding one and five-tenths (1.5) square feet in area that only
display property numbers, post office box numbers, or the names of the
occupants of the premises.
B.
Signs of governmental units or agencies on public property or public rightof-way which are erected for the public health, safety and welfare.
C.
Signs that direct and guide traffic and parking.
D.
National flags, flags of political subdivisions, and symbolic flags of an
institution.
E.
Historical markers, integral decoration or architectural features of buildings
except letters, trademarks, moving parts, or moving lights.
F.
Window signs and temporary signs, in a noncommercial area with four and
five tenths (4.5) square feet or less of copy area are limited to thirty (30)
days' usage.
G.
Danger, poison, precautionary, safety, or signs of similar nature.
H.
No trespassing, no hunting or signs of a similar nature.
I.
Signs advertising the sale of agricultural products grown on the premises as
long as such signs do not exceed four and five tenths (4.5) square feet of
copy area.
J.
Real estate signs offering land or property for sale provided that only one
(1) sign shall be erected for each parcel of property or unit offered for sale,
exchange, lease or rent. Signs shall abide by the following standards:
K.
8.03.00
l.
No sign shall exceed 18" X 24" in area.
2.
One 6" X 18" maximum sign may be permitted to be attached to the
foregoing signs which sign may be changed from time to time to
meet current needs.
3.
"Open for Inspection" sign of 18" X 24" may be allowed only on
property that is open for inspection and only when a representative
of the broker or owner is in attendance.
4.
Signs are to be located a minimum of five (5) feet from the right-ofway line and minimum of ten (10) feet from the side lot lines except,
where the building is in a commercial area, it may extend to the
sidewalk line. No signs may be fastened to the buildings except in
commercial areas. No signs shall be fastened to trees or utility poles
in any area.
Temporary signs with fifteen (15) square feet or less of copy area do not
require permits but shall comply with all other applicable requirements of
this article. A temporary sign is one intended to be displayed for a limited
period of time.
PROHIBITED SIGNS
Except as otherwise provided, the following signs are prohibited in the city:
A.
Nongovernmental signs erected on public property or on public rights-ofway.
(Ord. No. 2001-08, §6, 11-1-2001).
B.
Signs affixed to trees, shrubbery, vines, or utility poles.
(Ord. No. 2001-08, §6, 11-1-2001; Ord. No. 2009-04, §2, 4-16-2009)
C.
Festoon and sandwich signs.
(Ord. No. 2001-08, §6, 11-1-2001).
D.
Billboards except those permitted to continue to exist pursuant to this
Section.
(Ord. No. 2001-08, §6, 11-1-2001).
E.
Temporary roof and temporary projecting signs.
(Ord. No. 2001-08, §6, 11-1-2001).
F.
Any sign that the enforcement official determines obstructs the sightline at
private and public driveways.
(Ord. No. 2001-08, §6, 11-1-2001).
G.
Signs erected upon or in view of any highway which resemble official traffic
control devices or railroad signs or signals or which attempt to divert the
movement of traffic or which hides from view or interferes with the
effectiveness of any official traffic control devices or any railroad signs or
signals. The enforcement official shall consult with the county traffic
engineer and receive his recommendation before making a determination as
to whether or not such a sign is in violation of this article.
(Ord. No. 2001-08, §6, 11-1-2001).
H.
Beacons
(Ord. No. 2001-08, §6, 11-1-2001).
I.
Signs that utilize intermittent or flashing illumination devices and which
result in changing light intensity, brightness, color or which are constructed
and operated so as to create an appearance or illusion of motion.
Electronically controlled message centers that automatically change to tell
the time and weather are excluded from this prohibition.
(Ord. No. 2001-08, §6, 11-1-2001).
J.
Signs that display any statement, word, character or illustration of any
obscene, indecent or immoral nature as defined by Chapter 847, Florida
Statutes.
(Ord. No. 2001-08, §6, 11-1-2001).
K.
Pennants.
(Ord. No. 2001-08, §6, 11-1-2001).
L.
Strings of lights not permanently mounted to a rigid background.
(Ord. No. 2001-08, §6, 11-1-2001).
M.
Inflatable signs and tethered balloons.
(Ord. No. 2001-08, §6, 11-1-2001).
N.
Signs denoting the name of a residential subdivision, except that during the
construction of a residential subdivision one (1) temporary sign may be
located at one entrance, only, to the subdivision. Said temporary sign shall
be permitted to be in place for a period of two years from the date of
approval of the development order for the subdivision, or until seventy-five
percent (75 %) of the total number of residential units approved for the
subdivision are sold, whichever is sooner. At least thirty days prior to the
end of the two year period, should the necessity arise, the developer of the
subdivision may apply to the City Commission for an extension of the time
period for the temporary sign to remain in place. Said application shall, at a
minimum, specify the reasons for which a time extension is needed. The
City Commission, at its sole discretion, shall determine whether or not to
grant the requested extension, and, if an extension is granted, shall
determine the period of time for which, the extension is granted. Any
temporary sign erected under the provisions of this Section shall have a
maximum area of twenty (20) square feet and shall have a maximum height
of five feet (5') from ground level.
(Ord. No. 2009-04, §2, 4-16-2009)
8.04.00
DETERMINATION OF SIGN NUMBER AND COPY AREA
8.04.01
Number of Signs
For the purposes of determining the number of signs, a single sign shall be construed
to be a sign that has its copy area on one side and contains elements organized,
related and composed to form a single unit. A projecting or ground sign with sign
copy area on both sides shall be construed as single sign provided both copy areas
are no more than three (3) feet apart at their closest point, and that they described
an internal angle between the copy area planes extended to no more than thirty (30)
degrees.
8.04.02
Copy Area Square Footage
A sign's copy area square footage shall be calculated by including the entire area
within the periphery of a regular geometric form, or combinations of regular
geometric forms, comprising all of the copy area and including all of the elements
of the matter displayed, but not including structural elements of the sign bearing no
copy. The total copy area of a projecting or ground sign with sign copy on both
sides shall be determined by computing the area on a single side, provided both
sides are equal in size and contained within a common perimeter.
8.04.03
Maximum Sign Number and Copy Area
When the maximum number of signs and the maximum allowable copy area is
specified, the maximum number of signs shall not be exceeded even though the
maximum allowable copy area is not used. Signs exempted from this article and
temporary signs shall not be calculated in determining the minimum number and
area of signs permitted on premises.
8.04.04
Examples of Sign Number, Copy Area, and Measurement
A.
Area measure as a rectangle - One (1) sign.
B.
Area measured as a rectangle within dashed lines - one (1) sign. Separate
letters-area measured as a unit.
8.05.00
C.
Area measured as a circle and a rectangle - one (1) sign advertising two (2)
separate establishments and units, all related to a common structural
element.
D.
Area measured as a triangle and rectangles - one (1) sign adverting one (1)
establishment and units all related to common related element.
E.
Area measured as a triangle within dashed line.
SIGN REGULATIONS
DISTRICTS
IN
RESIDENTIAL
AND
COMMERCIAL
(Ord. No. 2009-04, §2, 4-16-2009)
8.05.01
Types of Signs Permitted
The following types of signs are permitted:
Ground Signs - A sign erected on a freestanding frame, mast or pole that
extends from the ground.
Projecting Signs - A sign erected as an integral part of a building or
structure that extends more than twelve (12) inches and less than four (4)
feet beyond such building or structure.
Temporary Signs - A sign that is intended to be displayed for a limited
period of time.
Wall Signs - A sign erected to the wall of any building, structure or retaining
wall that extends twelve (12) inches or less beyond such wall.
8.05.02
Maximum Allowable Sign Copy Area Permitted Per Premises
A.
Single-family and two-family residential permitted principal uses - one
square foot (except entrance signs denoting the name of the subdivision).
B.
Multi-family residential permitted principal uses - one (1) square foot except
that the name of the premises may be placed on a sign up to six (6) square
feet per entrance with a limitation of two (2) signs per parcel of property.
C.
Nonresidential permitted principal uses or permitted special exceptions twelve (12) square feet except for canopy signs totally contained in the
surface of the building are permitted up to sixty (60) square feet.
D.
Nonconforming uses - twelve (12) square feet.
E.
All temporary signs, with the exception of temporary residential subdivision
identification signs described in 8.03.00 N., shall be authorized for a period
of thirty (30) days and may be renewed for an additional thirty (30) day
period. Said sign(s) shall be removed upon the expiration of the above
described period(s). Any temporary sign not complying with the
requirements of this section is illegal and subject to immediate removal by
any city official or city employee whether on public or private property.
(Ord. No. 2009-04, §2, 4-16-2009)
8.05.03
Maximum Number of Signs Permitted
A.
Single-family and two-family residential permitted principal uses - one (1)
per lot.
B.
Multi-family residential permitted principal uses-one (1) per street frontage.
C.
Nonresidential permitted principal uses or permitted special exception - one
(1) per street frontage.
D.
Nonconforming uses-one (1) per street frontage.
E.
One (1) temporary sign may be erected on the premises for each one
thousand (1,000) feet of street frontage.
(Ord. No. 2009-04, §2, 4-16-2009)
8.05.04
8.05.05
Maximum Height of Signs
A.
The height for all signs, except temporary signs, shall not exceed twelve
(12) feet measured from finished grade to the highest point on the sign;
however, in no case shall the actual sign height exceed the actual sign
setback from any adjacent residential lot. (For example, if the sign is set
back seven feet from such a lot, it may be no more than seven feet high.)
B.
Temporary signs shall not exceed seven (7) feet in height measured from
the finished grade to the highest point on the sign.
Minimum Distance From Lot Lines
No sign shall be located closer than five (5) feet to any lot line.
8.06.00
SIGN REGULATIONS IN INDUSTRIAL DISTRICTS
8.06.01
Type of Signs Permitted
The following types of signs are permitted within this district:
Ground Signs
Marquee Signs
Projecting Signs
8.06.02
8.06.03
Roof Signs
Temporary Signs
Portable Signs
Wall Signs
Maximum Copy Area Permitted Per Premises
A.
A premises having only one (1) permitted principal use or structure located
thereon is limited to sixty-four (64) square feet per lot.
B.
A premises having more than one (1) permitted principal use or structure
located thereon is limited to sixty-four (64) square feet per lot.
Requirements by Sign Type - Industrial District
A.
B.
C.
Ground Signs
1.
Only one (1) ground sign may be erected per street front.
2.
The copy area shall not exceed five (5) square feet for each ten (10)
feet of any street frontage, but in no event shall the maximum copy
area exceed sixty- four (64) square feet.
3.
The height shall not exceed thirty (30) feet measured from finished
grade to the highest point on the sign.
4.
A clearance of nine (9) feet between the finished grade and the
bottom of the sign shall be maintained for any portion of the sign
which extends over any sidewalk.
Marquee Signs
1.
Only one (1) marquee sign may be erected to or hung from a
marquee, and such sign when hung from a marquee shall be at least
eight (8) feet at its lowest level above the sidewalk or ground level.
2.
A marquee sign may be erected to the sides and front of a marquee,
and such sign may extend the entire length and width of said
marquee, provided such sign does not extend more than six (6) feet
above, nor one (1) foot below such marquee.
Projecting Signs
1.
Only one (1) projecting sign not exceeding a maximum copy area of
thirty- two (32) square feet may be erected on any premises.
2.
A projecting sign shall extend more than twelve (12) inches but less
than four (4) feet beyond the wall of the building to which it is
attached.
3.
D.
E.
F.
A minimum clearance of nine (9) feet above the finished grade of a
sidewalk shall be maintained.
Roof Signs
1.
Only one (1) roof sign may be erected on any building.
2.
Its maximum copy area shall not exceed sixty-four (64) square feet
and it shall not extend beyond the building height limitations.
Wall Signs
1.
Only one (1) wall sign shall be permitted for each organization or
business establishment.
2.
The copy area shall not exceed two (2) square feet for each linear
foot of building frontage up to a maximum of sixty-four (64) square
feet.
3.
On corner or double frontage lots, two (2) wall signs are permitted
provided that one of the sign's copy areas shall be figured on the
basis of one-half (1/2) of the percent allowable for lots that front
along a single street.
Temporary Signs
1.
Only one temporary sign may be erected on a premises for each one
thousand (1,000) feet of street frontage.
2.
A temporary sign's copy area shall not exceed thirty-two (32) square
feet.
3.
Temporary signs shall not exceed seven (7) feet in height measured
from the finished grade to the highest point on the sign.
4.
All temporary signs shall be authorized for a period of thirty (30)
days and may be renewed for an additional thirty (30) day period.
Said sign(s) shall be removed upon the expiration of the above
described period(s). Any temporary sign not complying with the
requirements of this section is illegal and subject to immediate
removal by any city official or city employee whether on public or
private property.
5.
G.
8.06.04
Temporary banner signs erected in accordance with this section shall
not exceed thirty (30) square feet in copy area.
Portable Signs
1.
Only one portable sign permit shall be issued to the same business
license holder on the same lot in any calendar year.
2.
Portable sign shall not exceed thirty (30) square feet in copy area.
3.
Portable signs shall be authorized for a thirty (30) day period.
Minimum Distance from Lot Lines
All signs shall not be located closer than ten (10) feet to any lot line.
8.07.00
SHIELDING SOURCE OF ILLUMINATION
The source of illumination from any sign shall be shielded in order to prevent a
direct beam of light from shining on to a street or a residential dwelling.
No prisms, mirrors or polished reflecting surfaces shall be used for purposes of
augmenting intensity of light sources and no hi-intensity lights or stroboscopic
lights or effect is permitted.
A.
No more than forty-five (45) milliamperes on high voltage side of neon
transformer shall be permitted.
B.
Maximum wattage of incandescent bulbs shall be limited to fifteen (15)
watts.
C.
A maximum of sixty (60) milliamperes shall be permitted on neon tubing.
(Ord. 96-8, § 5-23-96)
8.08.00
NONCONFORMING SIGNS
All nonconforming signs, legally permitted and in place on April 16, 2009, shall,
until April 16, 2012, only be made to conform with Article 8, and the signage
provisions of the Gateway Corridor Standards Ordinance (Article 15), when
replaced, structurally altered, or when said signs are destroyed or damaged by wind,
fire, or other means to the extent of sixty (60) percent or more of their sign copy
area. All nonconforming signs shall be required to be in compliance with the
provisions of Article 8, and the signage provisions of the Gateway Corridor
Standards Ordinance (Article 15), by April 16, 2012.
(Ord. No 96-8, § 5-23-96)(Ord. No. 2009-04, §2, 4-16-2009)
8.09.00
BILLBOARDS
8.09.01
Legislative Findings, Ordinance 2001-08
WHEREAS, billboards are regulated, in part, in Article 8 of the Code of
Ordinances of the City of Lake Helen; and
WHEREAS, at the present time there are nineteen (19) approved billboards
located in the city limits of the City of Lake Helen (the "Existing Signs"); and
WHEREAS, the City Commission has concluded that the Existing Signs,
when combined with the other billboards and signs located in other jurisdictions
and the City, provide a range of uses and reasonable accommodation of uses located
in sufficiently diverse and different areas in order to provide an opportunity for the
citizens of and visitors to the City to view advertising messages placed on signage
and to provide a reasonable avenue of expression utilizing billboards to convey a
message; and
WHEREAS, the City Commission has concluded and determined that no
additional billboards are necessary or desirable for location in the City; and
WHEREAS, the City Commission may, consistent with cases such as City
of Lake Wales v. Lamar Advertising Association of Lakeland. Florida, 414 So.2d
1030 (Fla. 1982) and Lamar-Orlando Outdoor Advertising v. City of Ormond
th
Beach, 415 So.2d 1312 (Fla. 5 DCA 1982) consider the aesthetic impact of
billboards; and
WHEREAS, aesthetics are a “compelling governmental interest” and,
according to cases such as City of Sunrise v. D.C.A. Homes, Inc., 421 So.2d 1084
(Fla. 4th DCA 1982), the fact that a billboard regulation has an adverse impact upon
the lawful business of outdoor advertising is of no legal consequence; and
WHEREAS, the City Commission seeks to protect and preserve the historic
and “small town” ambience, character and appearance of the City of Lake Helen,
lessen congestion in the roads and streets within the City, and maintain a positive
and visually pleasing atmosphere for those traveling the various roadways
throughout, abutting or proximate to the City; and
WHEREAS, the City Commission desires to protect the property rights of
the owners of the billboards that are currently legally permitted and located in the
City to the extent of allowing said signs to remain in place until they are removed
in order to accommodate lawful development in the area or upon the site; and
WHEREAS, this Ordinance is deemed to be in the best interests of the
health, safety, morals and welfare of the citizens of the City of Lake Helen.
(Whereas, Ord. No. 2001-08, 11-1-2001)
8.09.02
Legislative Findings
A.
The above recitals (whereas clauses, Ord. No. 2001-08) represent the
legislative findings of the City Commission of the City of Lake Helen
supporting the need for and purpose of this Article.
B.
The recognition of the billboards as set forth herein shall not be deemed to
grant any right to any owner of a billboard that is found to be unlawful, has
not received appropriate permits, or is not constructed on November 1,
2001. To that end, the billboards that are in such status on November 1, 2001
may be treated in accordance with their legal status if the City Commission
were to enact a subsequent ordinance or ordinances relating to billboards to
include, but not be limited to, amortization of billboards.
(Ord. No. 2001-08, §1, 11-1-2001)
8.09.03
Limitations on Billboards
A.
Notwithstanding anything in the Code of Ordinances of the City of Lake Helen to
the contrary, from and after November 1, 2001, the total number of billboards
located in the city limits of the City of Lake Helen shall be limited as hereafter
specified.
B.
The initial limitation on billboards is the nineteen (19) billboards currently existing
in the city limits of the City of Lake Helen (the "Existing Structures") as depicted
in the inventory of billboards on file with the City Administrator's Office.
C.
The limit stated in subsection 8.09.03 B. shall be correspondingly reduced upon the
occurrence of any of the following:
1.
An Existing Structure is removed incident to a road widening or other public
works project; or
2.
An Existing Structure is removed incident to the development or
redevelopment of the property upon which the Existing Structure is located;
or
3.
An Existing Structure is removed incident to the expiration of the lease or
other agreement authorizing placement of the Existing Structure on the
property; or
4.
Notwithstanding the provisions of Section 8.08.00, an Existing Structure
which is non-conforming due to zoning is removed due to destruction,
damage or other casualty which results in destruction of fifty percent (50%)
or more of the support structure for or fifty percent (50%) or more of the
face of the sign.
D.
At any point in time the then current limit on the number of billboards located in
the unincorporated areas of the City of Lake Helen shall be the initial limit specified
in subsection 8.09.03 B. less the total number of Existing Structures which have
been removed as specified in subsection 8.09.03 C.
E.
Existing Structures shall be permitted annually with the City and each permittee
shall pay an annual permit fee (to be determined by resolution) for each Existing
Structure. The City permit shall be affixed to the front of the Existing Structure to
which the permit relates.
(Ord. No. 2001-08, §2, 11-1-2001)
8.09.04
Limitation On Number, Size and Orientation of Billboard Faces.
In addition to the limitation specified in 8.09.03 there is hereby imposed a limitation
upon the number, size and orientation of the sign faces located upon the Existing
Structures. From and after November 1, 2001, the number of sign faces of an
Existing Structure may not be increased, either by adding an additional face oriented
in a different direction or by changing the display mechanism to permit the display
of multiple signs on a single sign face. From and after November 1, 2001, no sign
face on an Existing Structure may be increased in size and the orientation of each
sign face located upon an Existing Structure may not be changed.
(Ord. No. 2001-08, §3, 11-1-2001)
8.09.05
Reconstruction Of Damaged Or Destroyed Existing Structures.
Except for an Existing Structure which is non-conforming due to zoning (which
cannot be replaced), an Existing Structure damaged or destroyed by flood, fire,
earthquake, war, riot, Act of God or other similar casualty loss may be reconstructed
in the same location with the same (or smaller or fewer, as the case may be) size
and number of sign faces provided that the reconstruction is accomplished in
accordance with the current applicable provisions of the Code of Ordinances of the
City of Lake Helen. An Existing Structure may not be relocated to another location.
(Ord. No. 2001-08, §4, 11-1-2001)
8.09.06
Removal Or Trimming Of Trees And Vegetation.
Except as specifically authorized by permit issued by the State of Florida
Department of Transportation or as required by specific State law, no trees or
vegetation shall be removed or trimmed from the property upon which a billboard
is located or from property adjacent thereto in order to enhance the visibility of the
billboard.
(Ord. No. 2001-08, §5, 11-1-2001)
8.10.00
MASTER OR COMMON SIGNAGE PLAN
No permit shall be issued for an individual sign requiring a permit unless and until
a Master Signage Plan or a Common Signage Plan for the lot on which the sign will
be erected has been submitted to the city and approved.
8.10.01
Master Signage Plan
For any lot on which the owner proposes to erect one or more signs requiring a
permit, unless the lot is included in a Common Signage Plan, the owner shall submit
to the city a plan containing the following:
8.10.02
A.
An accurate plot plan of the lot, at such scale as the city may reasonably
require.
B.
Location of buildings, parking lots, driveways, and landscaped areas on such
lot.
C.
Computation of the maximum total sign area, the maximum area for
individual signs, the height of signs and the number of ground signs.
D.
An accurate indication on the plot plan of the proposed location of each
existing and future sign of any type, whether requiring a permit or not,
except that incidental signs need not be shown.
Common Signage Plan
If the owners of two or more contiguous or adjacent lots or the owner of a single lot
with more than one building (not including any accessory building) file a Common
Signage Plan conforming to the provisions of this section, a 15 percent increase in
the maximum total sign area shall be allowed for each included lot. This bonus may
be allocated within each lot as the owner(s) elects.
8.10.03
Provisions of Common Signage Plan
The Common Signage Plan shall contain all of the information required for a Master
Signage Plan and shall also specify standards for consistency among all signs on
the lots affected by the Plan with regard to:
Color Scheme
Lettering or graphic style
Lighting
Location of each sign on the buildings
Material
Sign Proportion
8.10.04
Limitation on Number Of Ground Signs
For all lots with multiple uses or multiple users, the number of ground signs shall
be limited by a Common Signage Plan to a total of one for each street on which the
lots included in the plan have frontage. The plan shall provide for shared or common
usage of such signs.
8.10.05
Other Provisions of Master Or Common Signage Plans
The Master or Common Signage Plan may contain such other restrictions as the
owners of the lots may reasonably determine.
8.10.06
Consent
The Master or Common Signage Plan shall be signed by all owners or their
authorized agents.
8.10.07
Procedures
A Master or Common Signage Plan shall be included in any development plan, site
plan, or other official plan required by the city for the proposed development and
shall be processed simultaneously with such other plan.
8.10.08
Amendment
A Master or Common Signage Plan may be amended by filing a new plan that
conforms with all requirements of the article then in effect.
8.10.09
Existing Signs
If any new or amended Common Signage Plan is filed for property on which
existing signs are located, it shall include a schedule for bringing into conformance,
within three years, all signs not conforming to the proposed amended plan or to the
requirements of this article in effect on the date of submission.
8.10.10
Binding Effect
After approval of a Master or Common Signage Plan, no sign shall be erected,
placed, painted, or maintained, except in conformance with such plan, and such plan
may be enforced in the same way as any provision of this article. In case of any
conflict between the provisions of such a plan and any other provisions of this
article, the article shall control.
ARTICLE 9
OPERATIONAL PERFORMANCE STANDARDS
9.00.00
GENERAL
9.00.01
Purpose and Intent
9.00.02
Applicability
9.01.00
NOISE
9.0l.01
Instrumentation
9.0l.02
Maximum Permissible Sound Levels
9.01.03
Exemptions
9.0l.04
Noises Prohibited; Unnecessary Noise Standard, Statement of Intent, Sworn
Complaint Standard
9.0l.05
Variances and Permits
9.02.00
VIBRATION
9.02.01
General
9.02.02
Locational Requirements
9.03.00
AIR POLLUTION AND ODOR
9.04.00
DEBRIS, INSECT AND RODENT CONTROL
9.05.00
ELECTROMAGNETIC INTERFERENCE
9.06.00
GLARE AND HEAT
9.07.00
FIRE AND EXPLOSIVE HAZARDS
ARTICLE 9
OPERATIONAL PERFORMANCE STANDARDS
9.00.00
GENERAL
9.00.01
Purpose and Intent
The purpose of this section is to provide appropriate standards for the objective
measurement of potential nuisances within the City: to ensure that the community
is protected by requiring methods to control or eliminate the hazards and nuisances;
to protect potential uses from arbitrary exclusion or persecution based solely on
perceived harm or past reputation.
9.00.02
Applicability
These standards shall apply to all uses and operations within the City of Lake Helen.
9.01.00
NOISE
Unless otherwise defined, all terminology shall be in conformance with applicable
publications of the American National Standards Institute, Incorporated (ANSI) or
its successor body.
9.01.01
Instrumentation
The measurement of sound or noise shall be made with a sound level meter meeting
the standards prescribed by the American National Standards Institute, Sl. 4
American National Standard Specifications for Sound Level Meters. The
instruments shall be maintained in calibration and good working order. A
calibration check shall be made of the system at the time of any noise measurement.
Measurements recorded shall be taken so as to provide a proper representation of
the noise source.
A.
The microphone during measurement shall be positioned so as not to create
any unnatural enhancement of diminution of the measured noise. A
windscreen for the microphone shall be used at all times.
B.
The slow meter response of the sound level meter shall be used in order to
best determine the average amplitude.
C.
The measurement shall be made at any point on the property into which the
noise is being transmitted and shall be made at least three (3) feet away from
any ground, wall, floor, ceiling, roof and other plane surface.
9.01.02
D.
In case of multiple occupancy of a property, the measurement may be made
at any point inside the premises to which any complainant has right of legal
private occupancy; provided, that the measurement shall not be made within
three (3) feet of any ground, wall, floor, ceiling, roof, or other plane surface.
E.
All noise measurements provided for in this article shall be made by the
designated officials of the City who are qualified to operate the apparatus
used to make the measurements as provided for in this article.
Maximum Permissible Sound Levels
A.
Maximum Sustained Sound By Land Use
No person shall operate or cause to be operated any source of sound in such
a manner as to create a sound level which exceeds the limits set forth for the
receiving land use category in the table below,
SOUND LEVELS BY RECEIVING LAND USE
Receiving Land Time
Use Category
Sound Level Limit
dBA
Residential
7 a.m. – 10 p.m.
10 p.m. – 7 a.m.
61
55
Commercial
7 a.m. – 11 p.m.
11 p.m. – 7p.m.
66
60
Industrial
7 a.m. – 11 p.m.
11 p.m. – 7 a.m.
71
65
These levels may not be exceeded for more than three (3) cumulative
minutes out of any continuous sixty (60) minute period.
B.
Noise Level Limits in dBA
The following limits are in effect which if exceeded will have a high
probability of producing permanent hearing loss in anyone in the area where
the noise levels are being exceeded. No noise shall be permitted within the
City which exceeds these limits.
Permissible Noise Exposures
Duration per day,
continuous hours
Noise Level
dBA
8
6
4
3
2
1½
1
½
¼ or less
90
92
95
97
100
102
105
110
115
When the daily noise exposure is composed of two (2) or more periods of
noise exposure at different levels, their combined effect should be
considered, rather than the individual effect of each. If the sum of the
following fractions: C1/T1 + C2/T2 …Cn/Tn exceeds unity, then, the mixed
exposure should be considered to exceed the noise level limit value. Cn
indicates the total time of exposure at a specified noise level, and Tn
indicates the total time of exposure permitted at that level.
If the device producing the noise level cannot be toned down below the
permissible levels, then protection should be provided for those in the area
of the noise. The protection must reduce the noise level to below the
permissible limits and must not, itself, produce a safety hazard. Procedures
must exist which guarantee that the people in the area of the noise will use
the protection.
9.01.03
Exemptions
The following activities or sources are exempt from these noise standards:
A.
Activities covered by the following: emergency signaling devices, airconditioning and air-handling equipment for residential purposes, refuse
collection vehicles.
B.
From 7 a.m. to 9 p.m. construction operations for which building permits
have been issued, or construction operations not requiring permits due to
ownership of the project by an agency of the government; providing such
equipment is operated in accord with the manufacturer's specifications and
with all manufacturer's mufflers and noise reducing equipment in use an in
proper operating condition.
C.
The lowing of cattle, the clucking of fowl, the neighing of horses, the baying
of hounds, or other normal sounds of reasonably cared for agricultural or
domestic animals, as well as the sounds of necessary farming equipment for
a bona fide agricultural operation.
9.01.04
D.
Noises resulting from any authorized emergency vehicle when responding
to an emergency call or acting in time of emergency.
E.
Construction or routine maintenance of public service utilities.
F.
Houses of worship bells or chimes in conjunction with religious services.
G.
The emission of sound for the purpose of alerting persons to the existence
of an emergency, or the emission of sound in the performance of emergency
work
Noises Prohibited; Unnecessary Noise Standard, Statement of Intent, Sworn
Complaint Required
A.
Some sounds may be such that they are not measurable by the sound
pressure level meter or may not exceed the limits of measurements listed
herein, but they may be excessive, unnatural, prolonged, unusual and are a
detriment to the public health, comfort, convenience, safety, welfare and
prosperity of the residents of the city.
B.
Noises prohibited by this section are unlawful notwithstanding the fact that
no violation of any section prior hereto is involved, and notwithstanding the
fact that the activity complained about is exempted in 9.01.03.
C.
The following acts, among others are declared to be loud, disturbing and
unnecessary noises in violation of this chapter, but said enumeration shall
not be deemed to be exclusive:
1.
Horns, signaling devices, etc. The sound of any horn or signaling
device on any automobile, motorcycle bus or other vehicle on any
street or public place of the city, except as a danger wanting; the
creation by means of any such signaling device of any unreasonably
loud or harsh sound; and the sounding of any such device for any
unnecessary and unreasonable period of time.
2.
Radios, televisions, phonographs, etc. The using, operating or
permitting to be played used or operated any radio receiving set,
television set, musical instrument, phonograph, or other machine or
device for the producing or reproducing of sound in such manner as
to disturb the peace, quiet and comfort of the neighboring
inhabitants, or at any time with louder volume than is necessary for
convenient hearing for the person(s) who are in the room, vehicle or
chamber in which such machine or device is operated and who are
voluntary listeners thereto. The operation of any such set,
instrument, phonograph, machine or device in such manner as to be
plainly audible at a distance of one hundred (100) feet from the
building, structure or vehicle in which it is located shall be prima
facie evidence of a violate of this section.
3.
B.
9.01.05
Animals, birds, etc. The keeping of any animals or bird which causes
frequent or long continued noise which is plainly audible at a
distance of one hundred (l00) feet from the building or structure in
which the animal or bird is located.
Any person making a complaint under this section shall be required to sign
a sworn complaint prior to an arrest being made, otherwise no such
complaint will be honored. Before any arrests being made, the law
enforcement officer shall issue a warning to the offending person or persons
and advise the person or persons of the violation and the possible penalty if
they fail to reduce or eliminate the noise. Anyone who violates this section
shall be guilty of a misdemeanor of the 2nd degree punishable by a fine not
exceeding five hundred dollars ($500.00).
Variances and Permits9
Applications for a permit for relief from the maximum allowable noise level limits
may be made in writing to the City Clerk. This does not apply to the Permissible
Noise Exposures detailed in section 9.01.02 B. Any permit granted by the City
Clerk must be in writing and shall contain all conditions upon which the permit
shall be effective. The City Clerk may grant the relief as applied for under the
following conditions:
A.
Entertainment
Permits for entertainment may be granted under the following conditions:
1.
The function must be open to the public (admission may be
charged).
2.
The function must take place on public property or with permission
of the City Commission on private property.
3.
The permit will be given for only four (4) hours in one twenty-four
hour day unless waived by the City Commission.
4.
The function must be staged between the hours of 9:00 a.m. and
Cross-reference – Article 13, Nonconforming Development, Variances, Special Exceptions, Changing Land Use
(Rezonings), Section 13.02.00 Variances
9
11:00 p.m.
B.
Non-entertainment
Permits for non-entertainment special purposes may be issued under the
following conditions:
C.
1.
If the special purpose relates to the operation of a trade or business
that the special purpose not be in the ordinary course of that trade or
business.
2.
If the special purpose be a recurring purpose, that it not recur more
often than four (4) times each calendar year.
3.
That the special purpose be absolutely necessary to the operation of
the applicant's trade or business.
4.
Except in emergency situations, as determined by the City Clerk, the
permit may be issued only for hours between 9:00 a.m. and 11:00
p.m.
5.
Permits may be issued for no longer than one week, renewable by
further application to the City Clerk and City Commission.
Additional Conditions
The City Clerk may prescribe any reasonable conditions or requirements he
deems necessary to minimize adverse effects upon the community or the
surrounding neighborhood, including use of mufflers, screens or other
sound attenuating devices.
D.
Use of Sound Devices
No permit may be issued to permit the use of any loudspeaker or sound
device which at any time exceeds the noise level limits prescribed in section
9.01.02 A. except those used for emergency warnings.
9.02.00
VIBRATION
9.02.01
General
Vibration which recurrently generated and perceptible to the normal senses,
without instruments, is prohibited.
9.02.02
Locational Requirement
Vibration shall be determined along or beyond the property line of the site on which
the use is located.
9.03.00
AIR POLLUTION AND ODOR
A.
Smoke and Particulate Matter Standards
All uses shall comply with standards set forth in the rules and regulations
of the Florida Department of Environmental Regulation as amended to date,
or hereafter amended. No person shall operate a regulated source of air
pollution without a valid operation permit issued by the Department of
Environmental Regulation. Open burning shall be permitted but only in
strict compliance with the requirements established by the Fire District
established in Sections 20.02.00 – 20.02.03 (Fire District) of the Lake Helen
Code.
B.
Toxic Gases, Fumes, Vapors and Matter
All uses shall comply with standards as set forth in the rules and regulations
of the Florida Department of Environmental Regulations as amended to
date, or hereafter amended.
9.04.00
DEBRIS, INSECT, AND RODENT CONTROL
A.
Premises
All premises shall be maintained free of insect and rodent harborage and
infestation. Examination methods and other measures to control insects and
rodents shall conform with the requirements of the county health authority.
The premises shall be maintained free from accumulation of debris and
litter.
B.
Site
Lots and parcels, either improved or unimproved, shall be maintained free
from accumulation of debris and litter.
9.05.00
ELECTROMAGNETIC INTERFERENCE
In all districts, no use, activity, or process shall be conducted which produces
electric and/or magnetic fields which adversely affect public health, safety, and
welfare including but not limited to interference with normal radio, telephone, or
television reception from off the premises where the activity is conducted.
9.06.00
GLARE AND HEAT
No direct or sky-reflected glare, whether from floodlights or from high temperature
processes such as combustion or welding or otherwise, so as to be visible at the lot
line, shall be permitted. These regulations shall not apply to signs or floodlighting
of parking areas otherwise permitted. There shall be no emission or transmission of
heat or heated air so as to be discernible at the lot line.
9.07.00
FIRE AND EXPLOSIVE HAZARDS
In all land use districts in which the storage, use or manufacture of flammable,
combustible, or explosive materials occurs, the applicable standards of the National
Fire Protection Association shall apply.
ARTICLE 10
BOARDS AND COMMISSIONS;
CODE ENFORCEMENT
10.00.00
PURPOSE
10.01.00
GENERAL
10.01.01
Legislative Findings/ Intent, Ordinance 2002-01
10.01.02
Short Title (Sections 10.01.02 through 10.07.02)
10.01.03
Short Title (Section 10.05.00)
10.01.04
Jurisdiction
10.01.05
Authority and Purpose
10.01.06
Definitions
10.02.00
CODE ENFORCEMENT OFFICER
10.02.01
Designation of Code Enforcement Officer
10.03.00
CODE ENFORCEMENT THROUGH HEARING OFFICER PROCESSES
10.03.01
Code Enforcement Hearing Officer
10.04.00
CODE ENFORCEMENT THROUGH CITATIONS
10.04.01
Authorization of Code Enforcement Citation Program
10.04.02
Citation Authorization: Application
10.04.03
Citation Procedures
10.04.04
Penalties
10.04.05
Classes of Violations and Civil Penalties
10.04.06
Payment of Penalties; Court Hearings; Judgment of Court
10.04.07
Payment of Penalties
10.04.08
Provisions Not Applicable to Certain Building Codes
10.05.00
CODE ENFORCEMENT BOARD
10.05.01
Creation and Membership of Code Enforcement Board.
10.05.02
Function: Appointment and Term of Office
10.05.03
Organization and Expenses of Code Enforcement Board
10.05.04
Enforcement Procedure before Code Enforcement Board.
10.05.05
Hearing Procedure before the Code Enforcement Board.
10.05.06
Powers of the Code Enforcement Board
10.05.07
Fine, Lien and Foreclosure for the Code Enforcement Board
10.05.08
Notices In Code Enforcement Proceedings
10.05.09
Appeals From Code Enforcement Board Orders
10.05.10
Provisions Not Applicable to Certain Building Codes
10.06.00
PROVISIONS RELATING TO NUISANCES
10.06.01
Weeds and Rubbish in Yards, Lots, Tracts or Parcels
10.06.02
Duty of Property Owners Generally
10.06.03
Notice to Remove and Appeal Process
10.06.04
Removal by City
10.06.05
Collection of Costs and Records; Secured Property
10.06.06
Administrative Charge; Administrative Penalty
10.07.00
MISCELLANEOUS PROVISIONS
10.07.01
Provisions of Ordinance Supplemental Means
10.07.02
Applicable Codes and Ordinances
10.08.00
PLANNING AND LAND DEVELOPMENT REGULATION COMMISSION
10.08.01
Legislative Findings and Intent, Ordinance Number 2009-06
10.08.02
Organization
10.08.03
Powers and Duties.
10.08.04
Zoning Enforcement Officer
10.09.00
HISTORIC PRESERVATION BOARD
ARTICLE 10
BOARDS AND COMMISSIONS;
CODE ENFORCEMENT
10.00.00
PURPOSE
This article provides the provisions relating to the creation, membership, duties,
and procedures of the boards and commissions established to administer the City's
Land Development Regulation.
10.01.00
GENERAL
10.01.01
Legislative Findings/ Intent, Ordinance 2002-01
A.
City Codes or City Ordinances subsequently enacted or amended after
February 7, 2002, may set forth the applicable civil penalty for violations
by designating the appropriate violation classification as provided in this
section.
B.
It is the intent of the City Commission to provide the City of Lake Helen
with all available legal remedies provided by State law for the enforcement
of the City Code and City ordinances and that all applicable and permittable
penalties provided by State law be available to punish violators.10
(Ord. 2002-01; § 1, 2-7-2002)
10.01.02
Short Title (Sections 10.01.02 through 10.07.02)
Sections 10.01.02 through 10.07.02 shall be known and may be cited as the “City
of Lake Helen Code Enforcement, Nuisance Abatement and Citation Ordinance.”
(Ord. 2002-01; § 2, 2-7-2002)
10.01.03
Short Title (Section 10.05.00)
Sections 10.05.00 shall be known and may be cited as the “Municipal Code
Enforcement Board Ordinance of the City of Lake Helen, Florida.”
(Ord. 2002-01; § 16, 2-7-2002)
10.01.04
Jurisdiction
The terms and provisions of this Article shall apply to all real property lying within
the incorporated areas of the City of Lake Helen, Florida. All civil infractions of
10
Cross-reference – Section 1.11.02 General Penalty
provisions of this Code of Ordinances of the City of Lake Helen, as amended and
City Ordinances duly adopted by the City Commission of Lake Helen may be
enforced by any of the remedies available as set forth in this Article or as otherwise
authorized by law.
(Ord. 2002-01; § 3, 2-7-2002)
10.01.05
Authority and Purpose
A.
This Article is adopted pursuant to Chapter 162, Florida Statutes, and
Chapter 828, Florida Statutes, and other applicable provisions of law as a
supplemental method of enforcing the Code of Ordinances of the City of
Lake Helen, as amended, and all other City ordinances enacted to protect
the public health, safety, and welfare of the citizens of the City.
B.
This Article shall be implemented in harmony with the provisions of the
Animal Control Ordinance (Article 18) of the City of Lake Helen.
(Ord. 2002-01; § 4, 2-7-2002)
10.01.06
Definitions
The following definitions are hereby added to the Code of Ordinances of the City
of Lake Helen and apply to all parts of this Article:
A.
“City” means the City of Lake Helen.
B.
“City Administrator” means the City Administrator of the City of Lake
Helen or his or her designee.
C.
“City Code” and “City ordinance(s)” means the Code of Ordinances of the
City of Lake Helen, as amended, and City Ordinances enacted by the City
Commission to be codified into the Code of Ordinances of the City of Lake
Helen.
D.
“Code enforcement officer” means any employee or agent of the City
designated as such by the City Commission who are authorized agents or
employees of the City whose duty it is to ensure code compliance with the
City Code and City Ordinances which are subject of this Article.
E.
“Person” means an individual, firm, association, organization, partnership,
company, corporation, any other business entity, trust, whether government
or private.
F.
“Repeat Violation” means violation of the same provision of the City Code
or the same City ordinance by the same person within a five (5) year period.
(Ord. 2002-01; § 5, 2-7-2002)
10.02.00
CODE ENFORCEMENT OFFICER
10.02.01
Designation of Code Enforcement Officer
A.
For the purpose of this Article, the term “code enforcement officer” shall
mean any employee or agent of the City designated by the City Commission
whose duty it is to enforce codes and ordinances enacted by the City, and
who has received appropriate training as determined by the City
Commission. This shall include, but not be limited to, code inspectors and
other code compliance personnel (building, zoning, animal control, and
environmental), law enforcement officers, animal control officers, and fire
safety inspectors.
B.
Designation of a code enforcement officer and appropriate training for such
officer shall be determined by the City Commission and, but shall include,
at a minimum, a forty-hour standard training course in the appropriate area
of expertise as determined by the City Commission. Examples of such
training include, but are not limited to, the forty-hour Level I certification
of the Florida Association of Codes Enforcement, and the forty-hour course
curriculum approved by the Florida Animal Control Association.
(Ord. 2002-01; § 6, 2-7-2002)
10.03.00
CODE ENFORCEMENT THROUGH HEARING OFFICER PROCESSES
10.03.01
Code Enforcement Hearing Officer
A.
Establishment:
1.
It is the intent of this section to establish a hearing officer with the
authority to impose administrative fines and other non-criminal
penalties to promote, protect, and improve the health, safety, and
welfare of the City of Lake Helen and to provide an equitable,
expeditious, effective and an inexpensive method of enforcing the
City Code and City ordinances where a pending or repeated
violation exists or continues to exist. This Part of this Article has
been enacted pursuant to the authority of Chapter 162, Florida
Statutes, and other applicable law.
2.
B.
C.
D.
The City hearing officer shall have jurisdiction to hear and decide
cases in which violations are alleged of any provisions of the City
Code and City ordinances except as excluded herein.
Appointment, term and compensation:
1.
The hearing officer shall be appointed by the City Commission and
shall be an attorney duly licensed to practice law in the State of
Florida.
2.
The City may utilize the services of one (1) or more hearing officers
to conduct hearings concerning the City Code and City ordinances.
3.
Hearing officers shall serve for terms established by the City
Commission. Hearing officers shall be subject to removal with or
without cause, from their positions at any time during their term, by
the City Commission. Hearing officers shall not be considered to be
City employees, although they may receive compensation for their
services and also may be reimbursed for such travel, mileage and
per diem expenses as may be authorized.
4.
The City Attorney shall act as legal counsel to the code enforcement
officer. Because only attorneys may hold the position of hearing
officer, the City Commission shall not be required to retain an
attorney to represent the hearing officer.
Jurisdiction:
1.
The hearing officer shall have the jurisdiction to hear and decide
alleged violations of the City Code and City ordinances.
2.
The jurisdiction of the hearing officer shall not be exclusive. Any
alleged violation of the City Code or City ordinances may be
pursued by any appropriate remedy in a court of competent
jurisdiction at the option of the City Commission or administrative
official whose responsibility it is to enforce the City Code or City
ordinances.
Enforcement procedures:
E.
1.
It shall be the duty of the responsible City departments, through the
code enforcement officer, to initiate enforcement proceedings of the
City Code and City ordinances through the hearing officer process.
The hearing officer shall not have the power to initiate such
enforcement proceedings. Any violations presented to the hearing
officer shall be administered by the code enforcement officer.
2.
In the case of a first-time violation of the City Code or City
ordinances, the code enforcement officer shall notify the violator
and give him or her a reasonable time to correct the violation.
Should the violation continue beyond the time specified for
correction, the code enforcement officer shall request a hearing
before the hearing officer.
3.
If a repeat violation is found, the code enforcement officer shall
notify the violator but is not required to give the violator a
reasonable time to correct the violation. The code enforcement
officer, upon notifying the violator of a repeat violation, shall
request a hearing. The code enforcement officer shall schedule a
hearing before the hearing officer and shall provide notice to the
violator. The case may be presented to the hearing officer even if the
repeat violation has been corrected prior to the hearing officer
hearing and the notice shall so state.
4.
If a code enforcement officer has reason to believe a violation
presents a serious threat to the public health, safety, and welfare or
if the violation is irreparable or irreversible in nature, said decision
being made in conjunction with the City Administrator, the code
enforcement officer shall make a reasonable effort to notify the
violator and may immediately request a hearing thereon.
Conduct of hearing:
1.
The code enforcement officer shall call hearings by the hearing
officer. All hearings by the hearing officer shall be open to the
public.
2.
Minutes shall be kept of all hearings.
3.
The City shall provide a hearing room and clerical staff as may be
reasonably required by the hearing officer to conduct hearings and
perform his or her duties.
4.
Each case before the hearing officer shall be presented by the code
enforcement officer. Additionally, the City Attorney or the
designated City representative may present cases before the hearing
officer. All relevant evidence shall be admitted. The hearing officer
may exclude irrelevant or unduly repetitious evidence.
5.
Each party to the hearing shall have the right to call and examine
witnesses, introduce exhibits, cross-examine opposing witnesses,
impeach witnesses and rebut evidence.
6.
The alleged violator has the right, at his or her own expense, to be
represented by an attorney at any hearing.
7.
All testimony before the hearing officer shall be under oath and shall
be recorded. The alleged violator or the City may cause a verbatim
record of the proceedings to be made.
8.
The burden of proof shall be with the code enforcement officer to
show by the greater weight of evidence that a code violation exists
and that the alleged violator committed, allowed, or was responsible
for maintaining the violation.
9.
If notice has been provided pursuant to this Part of this Article and
Chapter 162, Florida Statutes, to the violator of the public hearing,
the hearing may be conducted and an order rendered in the absence
of the violator.
10.
At the conclusion of the hearing, the hearing officer shall issue an
order setting forth findings of fact, based on evidence of record, and
issue conclusions of law, and shall render relief in the order
affording the proper relief consistent with powers granted in this
Part of this Article. A written order shall be issued within a
reasonable period of time subsequent to the hearing. The order may
include a notice that it must be complied with by a specified date
and that a fine may be imposed if the order is not complied with by
that date. A second hearing shall not be necessary for the fine to
begin.
11.
A certified copy of an order imposing the fine provided for herein
may be recorded in the public records of Volusia County or any
other county, and thereafter such order shall constitute a lien against
the property on which the violation exists or, if the violator does not
own the land involved in the violation, upon any other real or
personal property owned by the violator and may be enforced in the
same manner as a court judgment by the sheriffs of this State
including levy against personal property, but shall not be deemed
otherwise to be a judgment of a court except for enforcement
purposes.
12.
F.
G.
When an order is recorded in the public records pursuant to this Part
of this Article and the order is complied with by the dates specified
in the order, the hearing officer shall issue an order acknowledging
compliance that shall be recorded in the public records. A hearing is
not required if such is an order acknowledging compliance.
The hearing officer shall have the power to:
1.
Adopt rules for the conduct of its hearing;
2.
Subpoena alleged violators and witnesses to its hearings. Subpoena
evidence to its hearings. Subpoenas may be served by the Lake
Helen Police Department;
3.
Subpoena evidence to its hearings;
4.
Administer oaths and take testimony under oath;
5.
Issue an order having the force of law finding a violation of the City
Code or City ordinances and commanding whatever steps are
necessary to bring the violation into compliance;
6.
Enter an order finding compliance.
Administrative fines; liens:
1.
Authority. The code enforcement officer, upon determining that a
previous order of the hearing officer has not been complied with in
the time set by the hearing officer or upon finding that a repeat
violation has been committed, may order the violator to pay a fine
in the amount specified in the order of the hearing officer for each
day the violation continues past the date set by the hearing officer
for compliance or, in the case of a repeat violation for each day the
repeat violation continues past the date of notice to the violator of
the repeat violation. If a finding of a repeat violation has been made
as provided in this Part of this Article, a hearing shall not be
necessary for the issuance of an order imposing the fine.
2.
Maximum fine; consistency; reduction of fines:
a.
A fine imposed pursuant to this Part of this Article shall not
exceed two hundred and fifty dollars ($250.00) per day per
violation for a first violation and shall not exceed five
hundred dollars ($500.00) per day per violation for a repeat
violation.
3.
b.
In formulating the provisions of the order, the hearing officer
should be consistent in the imposition of fines, paying
special attention to the gravity of the violation, any actions
and the timeliness of actions taken by a violator to correct
the violation and any previous violations committed by the
violator.
c.
The hearing officer may reduce a fine imposed pursuant to
this Part of this Article if warranted based upon a request of
a violator. If, however, the subject violator fails to pay the
reduced fine within a period of sixty (60) days from the day
the order was rendered reducing the fine, then the original
fine shall be reinstated without any order being issued to so
provide.
d.
If the violator makes arrangements through the City
Administrator to pay the reduced fine in monthly payments
and fails to timely make one (1) of the payments, then the
original fine, less payments made, shall be automatically
reinstated.
Lien.
a.
A certified copy of an order imposing a fine may be recorded
in the public records of Volusia County or any other county
and therefore shall constitute a lien against the land on which
the violation exists and upon any other real or personal
property owned by the violator. Upon petition to the Circuit
Court, such order may be enforced in the same manner as a
court judgment by the sheriffs of the State, including levy
against the personal property, but such order shall not be
deemed to be a Court judgment except for enforcement
purposes. A fine imposed pursuant to this Part of this Article
shall continue to accrue until the violator comes into
compliance or until judgment is rendered in a suit to
foreclose on a lien filed pursuant to this Section, whichever
occurs first. After three (3) months from the filing of any
such lien which remains unpaid, the City Commission may
authorize the City Attorney to foreclose on the lien.
H.
I.
Appeal. An aggrieved party, including the City, may appeal a final
administrative order of the hearing officer to the Circuit Court. Such an
appeal shall not be a hearing de novo but shall be limited to appellate review
of the record created before the hearing officer. An appeal shall be filed
within thirty (30) days of the execution of the order to be appealed.
Notices:
1.
All notices required by this Part of this Article shall be provided to
the alleged violator by certified mail, return receipt requested; by
hand delivery by the code enforcement officer, the City of Lake
Helen Police Department or other law enforcement agency, or other
person designated by the City Commission; or by leaving the notice
at the violator's usual place of residence with any person present at
the premises who would be authorized under Florida law to accept
service of process in a civil proceeding and informing the person of
the contents.
2.
In cases involving commercial premises, leaving the notice with the
office or business manager or other person in charge.
3.
If notice is sent under this Part of this Article to the owner of the
property on which the violation exists, to the address listed on the
ad valorem tax roll, and at any other address provided to the City by
the owner, it shall be presumed that the notice was received by the
owner, notwithstanding the fact that the certified mail envelope may
be returned by the post office as unclaimed or refused.
4.
In addition to providing notice as otherwise set forth in this Part of
this Article, at the option of the code enforcement officer, notice
may also be served by publication or posting as follows:
a.
Such notice shall be published one (1) time during each week
for four (4) consecutive weeks (four publications being
sufficient) in a newspaper of general circulation in the area.
The newspaper shall meet such requirements as are
prescribed under Section 50, Florida Statutes, for legal and
official advertisements.
b.
5.
Proof of publication shall be made as provided in Section
50.041, Florida Statutes, and Section 50.051, Florida
Statutes. Notice by publication or posting may run
concurrently with or may follow an attempt to provide notice
by hand delivery or by mail as required under Subsection
10.03.01 I. 4. a.
Evidence that an attempt has been made to hand deliver or mail
notices together with proof of publication or posting shall be
sufficient to show that the notice requirements of this Part of this
Article have been met, without regard to whether or not the alleged
violator actually received such notice.
(Ord. 2002-01; § 7, 2-7-2002)
10.04.00
CODE ENFORCEMENT THROUGH CITATIONS
10.04.01
Authorization of Code Enforcement Citation Program
The City of Lake Helen hereby creates a supplemental and additional method of
enforcing the City Code and City Ordinances by the issuance of citations for
violation of the Code of Ordinances of the City of Lake Helen and amending
ordinances. Nothing contained herein shall prohibit the City of Lake Helen from
enforcement of the Code of Ordinances of the City of Lake Helen or City
ordinances by any other means or the judicial, quasi-judicial, or administrative.
(Ord. 2002-01; § 8, 2-7-2002)
10.04.02
11
Citation Authorization: Application11
A.
General authorization. Any code enforcement officer is hereby authorized
to issue a citation or warning notice to a person when, based upon personal
investigation, the officer has reasonable cause to believe that the person has
committed a civil infraction in violation of the City Code or a City
ordinance.
B.
Animal control. An animal control officer designated as a code enforcement
officer shall follow the specific requirements and procedures as otherwise
set forth in the Animal Control Ordinance (Article 18), as amended from
time to time, for the issuance of citations pursuant to the Animal Control
Cross-reference - Article 1 General Provisions, Section 1.11.02 General Penalty
Ordinance (Article 18).12
(Ord. 2002-01; § 9, 2-7-2002)
10.04.03
Citation Procedures13
A.
General authorization. The code enforcement officer is hereby authorized
to issue a warning notice to any person for violation of the City Code or any
City ordinance when, based upon personal investigation, the code
enforcement officer has reasonable cause to believe that a violation has
occurred.
B.
Citation with notice. Prior to issuing a citation, a code enforcement officer
shall provide notice to the person who is violating the City Code or City
ordinance that the person has committed a violation of the City Code or a
City ordinance and shall establish a reasonable time period within which the
person must correct the violation. Such time period shall be no more than
thirty (30) days unless unusual circumstances exist and the City
Administrator concurs in such extended time period. If, upon personal
investigation, a code enforcement officer finds that the person has not
corrected the violation within the stated time period, the code enforcement
officer may issue a citation to the person who has committed the violation.
C.
Citation without notice. A code enforcement officer shall not be required to
provide the person who has committed a violation of a City Code or City
ordinance with a reasonable time period to correct the violation prior to
issuing a citation and may immediately issue a citation if the code
enforcement officer has reason to believe, after consultation with the City
Administrator, that the violation presents a serious threat to the public
health, safety, or welfare or if the violation is irreparable or irreversible.
D.
Written warnings. Written warning notices, if applicable, and citations shall
be provided to the alleged violator by hand delivery by the code
enforcement officer. In the absence of the alleged violator, issuance of a
written warning notice or citation may be accomplished by leaving a copy
at the alleged violator's residence with any person present at the premises
who would be authorized under Florida law to accept service of process in
a civil proceeding and informing the person of the contents or by registered
12
Cross-references - Article 18 Animal Control; Article 1 General Provisions, Section 1.11.02
13
Cross-reference - Article 1 General Provisions, Section 1.11.02 General Penalty
or certified mail, return receipt requested.
E.
Businesses. Issuance of a written warning notice or citation to a business
may be accomplished by leaving a copy at the business, during regular
business hours, with any employee and informing the employee of the
contents or by registered or certified mail, return receipt requested. Each
employee of the business shall be deemed to be an agent of the business for
service of warning notices and citations.
F.
Form of citation. A citation issued by a code enforcement officer shall be
in a form prescribed by the City and shall contain at a minimum:
1.
The date and time of issuance;
2.
The name and address of the person to whom the citation is issued;
3.
The date and time the civil infraction was committed;
4.
The facts constituting reasonable cause to believe that a violation of
the City Code or a City ordinance has occurred;
5.
The number of the section of the City Code or City Ordinance
violated;
6.
The name and authority of the code enforcement officer;
7.
The procedure for the person to follow in order to pay the civil
penalty or to contest the citation;
8.
The applicable civil penalty if the person elects to contest the
citation;
9.
The applicable civil penalty if the person elects not to contest the
citation; and
10.
A conspicuous statement that, if the person fails to pay the civil
penalty within the time allowed, or fails to appear in County Court
to contest the citation, the person shall be deemed to have waived
the right to contest the citation and that, in such case, judgment may
be entered against the person for an amount up to a maximum civil
penalty.
G.
Right to contest citation in County Court. Any person receiving a citation
issued under this Part of this Article must sign and accept a citation
indicating a promise to:
1.
Pay the applicable civil penalty within thirty (30) days of issue or
enter agreement with the City as negotiated by the City
Administrator and approved by the City Commission providing for
a schedule of payments; or
2.
Appear in Volusia County Court within thirty (30) days of issue to
receive a hearing date, the time and location of which shall be
determined by the clerk of the County Court.
H.
Preponderance of evidence required. At any hearing pursuant to this part of
this Article, the commission of a violation of the City Code or a City
Ordinance must be proved by a preponderance of the evidence.
I.
Applicable rules. The Florida Rules of Civil Procedure and the Florida
Evidence Code shall be applicable to any hearing.
J.
Reasonable cause. For issuance of a citation, a code enforcement officer
must have reasonable cause to believe that a person has committed an act in
violation of the City Code or a City ordinance.
K.
Citations to be deposited with the County Court with a copy to the City
Clerk. After issuing a citation to an alleged violator, a code enforcement
officer shall deposit the original and one (1) copy of the citation with the
County Court, by filing same with the Clerk of the County Court.
L.
Separate infractions. Each violation of the City Code or a City Ordinance
is a separate civil infraction. Each day such violation continues shall be
deemed to constitute a separate civil infraction. A violation occurring on
consecutive days may be treated as separate violations and result in a
penalty for each day of violation.
M.
Maximum penalty. The maximum civil penalty for each violation shall not
exceed five hundred dollars ($500.00) plus any applicable court costs.
N.
Refusal to sign. If the person cited refuses to sign the citation, the code
enforcement officer shall write the words "Refused" or "Refused to Sign"
in the space provided for the person's signature. The code enforcement
officer shall then leave a copy of the citation with the person cited, if
possible, and shall contact the Lake Helen Police Department to file the
necessary reports alleging a violation of Section 162.21 (6), Florida
Statutes, which provides that a person who willfully refuses to sign and
accept a citation issued by a code enforcement officer shall be guilty of a
misdemeanor of the second degree punishable as provided in Section
775.082, Florida Statutes, or Section 775.083, Florida Statutes.
(Ord. 2002-01; § 10, 2-7-2002)
10.04.04
Penalties14
A.
Civil infractions. A violation of the City Code or a City ordinance cited and
enforced under the provisions of this Part of this Article shall be deemed a
civil infraction.
B.
Maximum penalty. The maximum civil penalty shall not exceed five
hundred dollars ($500.00).
C.
Civil penalty. A civil penalty of less than the maximum civil penalty shall
be assessed if the person who has committed the civil infraction does not
contest the citation. If the citation is contested and the violator found guilty
of the violation, the court may impose a civil penalty not to exceed five
hundred dollars ($500.00). In lieu of a civil penalty or in addition to a civil
penalty, the Court may order the violator to perform public service.
D.
Refusal to sign or accept citation. Any person who willfully refuses to sign
and accept a citation issued by a code enforcement officer shall be guilty of
a misdemeanor of the second degree, punishable as provided in Section
775.082, Florida Statutes, or Section 775.083, Florida Statutes.
(Ord. 2002-01; § 11, 2-7-2002)
10.04.05
Classes of Violations and Civil Penalties15
A.
14
15
Violation classifications. Violations of the City Code and City Ordinances,
and the applicable civil penalties shall be as follows:
Cross-reference - Article 1 General Provisions, Section 1.11.02 General Penalty
Cross-reference - Article 1 General Provisions, Section 1.11.02 General Penalty
Violation Classification
First Offense
Second Offense
Class I
(Articles 8, 21, 24, 26,
27, 33 & 34)
Class II
(Articles 12, 15, 23, 25
& 32)
Class III
(Articles 3, 9, 17, 20 &
22
$50.00
$100.00
$100.00
$200.00
$200.00
$300.00
*
Third & Subsequent
Offenses*
Mandatory court hearing with
fines up to $500.00 as
determined by the Court
Mandatory court hearing with
fines up to $500.00 as
determined by the Court
Mandatory court hearing with
fines up to $500.00 as
determined by the Court.
The Court may order a violator to perform public service in addition to, or in lieu
of a civil penalty.
B.
Basis for classification. The City Commission shall classify a violation in
accordance with the following guidelines:
1.
Class I violations relate to non-health/safety violations which
present no apparent danger to health or safety, but are violations of
regulations intended to protect the public welfare and/or property,
real or personal.
2.
Class II violations relate to minor health/safety violations which
pose a likely danger or threat of danger to the public health, safety,
welfare or property, real or personal.
3.
Class III violations relate to major health/safety violations which
pose an imminent danger to the public health, safety, welfare, or
property, real or personal.
(Ord. 2002-01; § 12, 2-7-2002)
10.04.06
16
Payment of Penalties; Court Hearings; Judgment of Court16
A.
If the person elects not to contest the citation, the person shall pay in full
the applicable reduced civil penalty to the Clerk of the County Court within
fourteen (14) days after issuance of the citation.
B.
If the person cited elects to pay the applicable reduced civil penalty set forth
Cross-reference - Article 1 General Provisions, Section 1.11.02 General Penalty
in this Part of this Article, the person shall be deemed to have admitted the
infraction and waived the right to a hearing.
C.
If the person elects to contest the citation, the person shall appear in Court
before a County Court Judge within twenty one (21) days of issuance of the
citation to request a hearing date.
D.
A County Judge, after conducting a hearing on the citation, shall make a
determination whether or not a violation of the City Code or a City
ordinance has been committed. If a violation is found to have occurred, the
County Judge may impose a civil penalty up to the maximum civil penalty
in an amount not to exceed five hundred dollars ($500.00) per citation plus
all applicable court costs.
E.
The County Judge may provide for the civil penalty to be paid within such
time as the Judge determines to be appropriate. If the person found to be in
violation fails to pay the fine within the time provided, a civil judgment
shall be entered against that person in the amount up to the maximum civil
penalty not to exceed five hundred dollars ($500.00) per citation.
F.
Should the person cited request a hearing as provided for herein, and
thereafter fail to appear at such hearing, the person shall be deemed to have
waived the right to contest the citation and a civil judgment shall be entered
against the person in an amount up to the maximum civil penalty; provided,
however, that the Court shall have the discretion to continue or reschedule
any hearing when it determines that doing so will further the interest of
justice. In such an event, the Clerk of the County Court shall notify the code
enforcement officer and the person cited of the date and time of the new
hearing.
(Ord. 2002-01; § 13, 2-7-2002)
10.04.07
Payment of Penalties
A.
All civil penalties shall be paid to and collected by the Clerk of County
Court.
B.
A total of two dollars ($2.00) per citation collected shall be credited to the
revenues of the City and earmarked for code enforcement training purposes.
Ten dollars ($10.00) may be retained by the Clerk of County Court for an
administrative fee. The remaining funds shall be deposited in the general
revenues of the City.
C.
An exception to the general revenues deposit requirement shall be allowed
only when specifically designated otherwise by ordinance.
D.
The City, as an additional remedy, may refer cases of violations not paid
and not contested within thirty (30) days of issuance to a collection agency
for processing, collection, and notification of failure to pay to the credit
bureau.
(Ord. 2002-01; § 14, 2-7-2002)
10.04.08
Provisions Not Applicable to Certain Building Codes
The provisions of this Part of this Article shall not apply to the enforcement
pursuant to Section 553.79, Florida Statutes, and Section 553.80, Florida Statutes,
of building codes adopted pursuant to Section 553.73, Florida Statutes, as they
apply to construction, provided that a building permit is either not required or has
been issued by the City. For the purpose of this Article, "building codes" means
only those codes adopted pursuant to Section 553.73, Florida Statutes.
(Ord. 2002-01; § 15, 2-7-2002)
10.05.00
CODE ENFORCEMENT BOARD
10.05.01
Creation and Membership of Code Enforcement Board.
There is hereby created, upon adoption of a resolution of the City Commission, a
Lake Helen Code Enforcement Board which shall, upon appointment, be composed
of five (5) members, all of whom shall be residents of the City. The City
Commission may create or disband the Code Enforcement Board as it deems
appropriate by adoption of a resolution taking such action.
(Ord. 2002-01; § 17, 2-7-2002)
10.05.02
Function: Appointment and Term of Office
A.
The Lake Helen Code Enforcement Board shall have the power and purpose
of conducting hearings relating to the enforcement of such provisions of the
City Code and City Ordinances as may be prescribed by resolution adopted
by the City Commission.
B.
Appointment to the code enforcement board may be made by the City
Commission, and the membership of the enforcement board shall consist
of, whenever possible, an architect, an engineer, a general contractor and
other citizens of any occupation.
C.
The terms of members of the code enforcement board shall be two (2) years
in duration unless otherwise provided in the City Commission's resolution.
D.
Appointment to fill any vacancy on the code enforcement board shall be for
the remainder of the unexpired term of the vacating member.
E.
Any member of the code enforcement board who fails to attend two (2) out
of three (3) successive meetings without cause and without prior approval
of the chairman of the board shall automatically forfeit such appointment
and the City Commission shall fill such vacancy. Members may also be
removed for cause after notice.
(Ord. 2002-01; § 18, 2-7-2002)
10.05.03
Organization and Expenses of Code Enforcement Board
A.
At the first meeting of the code enforcement board in each year, the
members shall elect one (1) of the members to be chairman. The person so
elected shall function as chairman for a one-year term.
B.
Three (3) or more members of the code enforcement board present at any
meeting shall constitute a quorum in order for the board to conduct its
business. Members of the code enforcement board shall serve without
compensation.
(Ord. 2002-01; § 19, 2-7-2002)
10.05.04
Enforcement Procedure before Code Enforcement Board.
A.
Except where the code enforcement officer charged with enforcing a
particular technical code identified herein has reason to believe that a City
Code or City ordinance violation presents a serious threat to the public
health, safety and welfare, and the City Administrator concurs, the code
enforcement procedure under this Part of this Article, if elected as a remedy
by the City, shall be as follows:
1.
It shall be the duty of the code enforcement officer to initiate
enforcement proceedings before the code enforcement board.
2.
Where the code enforcement officer finds or is made aware of a City
Code or City ordinance violation, the code enforcement officer shall
notify the violator and such notice of violation shall provide a
reasonable time within which to correct the violation. Should the
violation continue beyond the time specified in the correction notice,
then the code enforcement officer shall notify the code enforcement
board and request a hearing pursuant to this Part of this Article.
Notice of such hearing request shall be provided to the violator in
the manner provided by this Part of this Article. The code
enforcement officer need not provide a reasonable time to comply if
the violation is a repeat violation.
3.
If the code enforcement officer has reason to believe a violation
presents a serious threat to the public health, safety and welfare, the
code enforcement officer may proceed to request a hearing pursuant
to this Part of this Article without notifying the violator.
4.
Whenever a person has been notified of a code violation by the code
enforcement officer, he or she may, within ten (10) days of such
notification, request a hearing pursuant to this Part of this Article.
The code enforcement board shall then conduct a hearing using the
same procedures as if the hearing had been requested by the code
enforcement officer.
(Ord. 2002-01; § 20, 2-7-2002)
10.05.05
Hearing Procedure before The Code Enforcement Board.
A.
The chairman of the code enforcement board may call enforcement board
hearings and such hearings may also be called by a written notice signed by
three (3) members of the board. The code enforcement board may at any
hearing set a future hearing date.
B.
The code enforcement board shall convene at least once every two (2)
months, but may convene more often as the case demand dictates.
C.
Minutes shall be kept of all hearings held by the code enforcement board
and all such hearings shall be open to the public.
D.
The City Administrator shall provide clerical and administrative personnel
as may be required to assist the code enforcement board in the proper
performance of its duties.
E.
Each case before the enforcement board shall be presented by the code
enforcement officer or the City Attorney.
F.
The City may provide counsel to the code enforcement board, but in no case
shall the City Attorney present a case on behalf of City staff and represent
the board in the same case.
G.
Cases on the agenda for a particular day shall be heard. All testimony shall
be under oath and shall be recorded. The code enforcement board shall take
testimony from the code enforcement officer, the violator and any other
person familiar with the case or having knowledge about the case. The code
enforcement board shall not be bound by formal rules of evidence; however,
it shall act to ensure fundamental due process in each of its hearing cases.
Irrelevant, immaterial or unduly repetitious evidence shall be excluded, but
all other evidence of a type commonly relied upon by reasonable prudent
persons in the conduct of their affairs shall be admissible. Cases may be
heard by the code enforcement board even if a repeat violation has been
corrected prior to the hearing. If all required notice has been given, the
hearing may proceed in the absence of the alleged violator.
H.
At the conclusion of the hearing, the code enforcement board shall issue
findings of fact and conclusions of law and its order shall provide relief
consistent with this Part of this Article. The order shall establish a date by
which compliance with the order must be attained. The order may establish
a fine amount not to exceed two hundred and fifty dollars ($250.00) for each
day the violation continues past the compliance date established in the
order. Repeat violations may be punished by a fine not to exceed five
hundred dollars ($500.00) for each day the violation continues after the
compliance date established in the order.
I.
Findings shall be by motion approved by a majority of those present and
voting. In order for the findings to be official, at least three (3) members of
the code enforcement board must vote for the action.
J.
The order may be recorded in the Official Records of Volusia County and
shall constitute notice to all purchasers, successors and assigns that a
violation has been found on the subject property.
(Ord. 2002-01; § 21, 2-7-2002)
10.05.06
Powers of the Code Enforcement Board
A.
The code enforcement board shall have the power to:
1.
Adopt rules for the conduct of the hearings.
2.
Subpoena alleged violators and witnesses to its hearings. Such
subpoenas may be served by the City’s Police Department.
3.
Subpoena evidence. Such subpoenas shall be served by the City's
Police Department.
4.
Take testimony under oath.
5.
Issue orders following a hearing, which orders shall have the force
of law and which orders shall set forth the steps necessary to be
accomplished in order to bring a violation into compliance with the
City Code or City ordinance that has been violated.
6.
Enter orders finding compliance.
(Ord. 2002-01; § 22, 2-7-2002)
10.05.07
Fine, Lien and Foreclosure for the Code Enforcement Board
A.
Upon being notified by the code enforcement officer that the order issued
pursuant to this Part of this Article has not been complied with within the
time established in such order, the code enforcement board may issue an
order imposing a penalty and lien and order the violator to pay a fine to the
City not to exceed two hundred fifty dollars ($250.00) per day that the
violation continued past the compliance date established in its order, except
that, for repeat violations the maximum fine shall be five hundred dollars
($500.00) for each day the violation continues past the compliance date
established in the order.
B.
The order shall constitute notice to any subsequent purchasers, successors
in interest or assigns if the violation concerns real property, and the findings
therein shall be binding upon the violator and, if the violation concerns real
property, any subsequent purchases, successors in interest or assigns. The
order may be recorded in the Official Records of Volusia County or any
other county.
C.
Three (3) months from the date of the filing of any such lien which remains
unpaid, the code enforcement board may authorize the City Attorney to
foreclose on such lien in the manner provided by State law for the
foreclosure of other municipal liens. The City Commission must also
authorize the filing of the foreclosure action. No lien created pursuant to the
provisions of this Section may be foreclosed on real property which is
homestead under Section 4, Article X of the Constitution of the State of
Florida.
D.
No lien provided under this Part of this Article shall continue for a period
of longer than twenty (20) years after the certified copy of an order imposing
a fine has been recorded, unless within that time an action to foreclose on
the lien is commenced in a Court of competent jurisdiction. In an action to
foreclose on a lien, the prevailing parties are entitled to recover all costs,
including a reasonable attorney's fee that incurs in the foreclosure.
(Ord. 2002-01; § 23, 2-7-2002)
10.05.08
Notices In Code Enforcement Proceedings
All notices required to be provided by this Part of this Article shall be by certified
mail, return receipt requested, or by hand delivery of the code enforcement officer.
(Ord. 2002-01; § 24, 2-7-2002)
10.05.09
Appeals From Code Enforcement Board Orders
An aggrieved party, including the City, may appeal a final administrative order of
the code enforcement board to the Circuit Court. An appeal shall be filed within
thirty (30) days of the entry of the order to be appealed.
(Ord. 2002-01; § 25, 2-7-2002)
10.05.10
Provisions Not Applicable to Certain Building Codes
The provisions of this Part of this Article shall not apply to the enforcement
pursuant to Section 553.79, Florida Statutes, and Section 553.80, Florida Statutes,
of building codes adopted pursuant to Section 553.73, Florida Statutes, as they
apply to construction, provided that a building permit is either not required or has
been issued by the City. For the purpose of this Article, "building codes" means
only those codes adopted pursuant to Section 553.73, Florida Statutes.
(Ord. 2002-01; § 26, 2-7-2002)
10.06.00
PROVISIONS RELATING TO NUISANCES
10.06.01
Weeds and Rubbish in Yards, Lots, Tracts or Parcels
The existence of excessive accumulation or untended growth of weeds,
undergrowth or other dead or living plant life; or stagnant water, rubbish, garbage,
refuse, debris, trash including, but not limited to, household furnishings, and all
other objectionable, unsightly or unsanitary matter upon any 101, tract or parcel of
land within the City of Lake Helen, be it uncovered or under open shelter, to the
extent and in the manner that such lot, tract or parcel of land is or may reasonably
become infested or inhabited by rodents, vermin or wild animals, or may furnish a
breeding place for mosquitoes, or threatens or endangers the public health, safety,
or welfare, or may reasonably cause disease, or adversely affects and impairs the
economic welfare of adjacent property, is hereby prohibited and declared to be a
public nuisance and unlawful unless neatly arranged for removal in accordance with
permitted solid waste collection practices.
(Ord. No. 2002-01; § 27, 2-7-2002)
10.06.02
Duty of Property Owners Generally
A.
It shall be the duty of the owner of each lot, tract, or parcel of land within
the City to reasonably regulate and effectively control excessive growths
and accumulations, as enumerated in Section 27, on the property and on the
portion of the adjoining public right-of-way between the property and the
street. It shall also be the duty of the owner to lawfully drain, regrade or fill
any lot, tract, or parcel, including swimming pools thereon, which shall be
unwholesome or unsanitary, have stagnant water thereon, or be in such other
condition as to be susceptible to producing disease.
B.
It shall also be the duty of each owner of each lot, tract or parcel of land
within the City to eliminate on their lot, tract or parcel of land any public
nuisance known at common law or in equity jurisprudence or as provided
by the Statutes of the State of Florida or the City Code or City ordinances
physical or unsanitary conditions or conditions so lacking illumination or
ventilation as to be dangerous to human life or detrimental to health of
persons on or near the premises where the condition exists; conditions
endanger human life or substantially and detrimentally affect the safety or
security of occupants, nearby occupants or passers-by; conditions which
render air, food or drink unwholesome or detrimental to the health of human
beings; fire hazards; and any attractive nuisance which may prove
detrimental to the health or safety of children and others whether in a
building, on the premises of a building or upon an unoccupied lot. This
requirement includes, but is not limited to: abandoned wells, shafts,
basements, excavations, unused ice boxes, white goods, refrigerators,
junked or abandoned motor vehicles and any structurally unsound fences or
structures, lumber, trash, fences, debris, or vegetation such as poison ivy,
oak or sumac, which may prove a hazard for inquisitive persons. As an
example of the duty set forth in this Subsection, it shall be the duty of
persons with unused or abandoned refrigerators, freezers or other similar
appliances to ensure that the doors of such appliances are removed to
prevent a child from entering an appliance and thereby endangering his or
her life. Abandoned buildings are attractive nuisances when they are
unsecured or unsecurable and when by reason of abandonment or neglect
they contain unsound walls or flooring, unsafe wiring, fire hazards, or other
unsafe conditions. Unsafe conditions may include such neglect of security
that opportunities for criminal activity persist to the danger and detriment
of the neighborhood. A junked or abandoned vehicle is one that is
nonoperating, dismantled, wrecked, or derelict property having no value
other than nominal salvage value which is left unprotected from the
elements. Additional provisions relating to abandoned vehicles are set forth
at Sections 23.05.00 and 23.06.00 of this Code.
(Ord. No. 2002-01; § 28, 2-7-2002)
10.06.03
Notice to Remove and Appeal Process
A.
B.
If the code enforcement officer, after consulting with the City
Administrator, finds and determines that a public nuisance as described and
declared in Sections 10.06.01 and 10.06.02 hereof exists, he or she shall so
notify the record owner of the offending property and demand that such
owner cause the condition to be remedied. The notice shall be given by both
physical posting on the property in the name of the property owner and by
certified mail or personal delivery to the owner or owners as their names
and addresses are shown upon the records of the Volusia County Property
Appraiser. Notice shall be deemed complete and sufficient when so
physically posted and personally delivered or mailed.
The notice required by Subsection 10.06.03 A. shall contain the following:
1.
Name(s) and address(es) of the owner(s) of the property, according to
the public records of Volusia County, Florida.
2.
Location of the property on which the violation exits.
3.
A statement by the code enforcement officer that the property has been
inspected pursuant to this Part of this Article and that a violation of
this Part of this Article has been determined to exist on the property,
which violation constitutes a public nuisance.
C.
4.
A description of the condition which causes the property to be in
violation.
5.
A requirement that the record owner of the property remedy the
violation within no more than fifteen (15) days from the date of the
notice, unless unusual circumstances exist and the City Administrator
approves an extended or a reduced period of time failing which the
City will remedy the condition and assess against the record owner the
costs thereof plus an administrative charge.
6.
A statement that, if the costs and administrative charge are not paid
within thirty (30) days of invoice date, a lien will be placed on the
property which is enforceable by foreclosure on the property, or enter
an agreement with the City negotiated by the City Administrator and
approved by the City Commission providing for a schedule of
payments.
7.
A schedule of the charges which may be assessed against the record
owner if the City has to remedy the violation.
8.
An estimate of the total cost, based on the schedule of charges, if the
violation is remedied by the City. Such estimate is not to be interpreted
or construed as the final cost which may be assessed, but only as a
good-faith approximation of such cost. The final assessable cost may
be greater or lesser than the estimate.
9.
A statement that the record owner of the property may, within fifteen
(15) days from the date of the notice, or sooner if the public health,
safety
or welfare so require, submit a written appeal, from the
determination of a public nuisance, which must contain all reasons,
evidence and argument that the cited condition does not constitute a
violation.
Within fifteen (15) days from the date of the notice, or sooner if the public
health, safety or welfare so require, the owner of the property may appeal
the determination of nuisance by submitting a written appeal to show that
the condition does not constitute a public nuisance. Such appeal shall be
addressed to the City Clerk and shall state the name of the property owner,
the location of the cited property, and the specific grounds upon which the
owner relies in order to show that the cited condition does not constitute a
public nuisance. The City Commission shall hear the appeal and render a
written decision.
(Ord. No. 2002-01; § 29, 2-7-2002)
10.06.04
Removal by City
A.
If after fifteen (15) days from the date of the notice of a nuisance, or sooner
if the public health, safety or welfare so require, no written appeal has been
filed and the condition described in the notice has not been remedied, the
City Administrator or his or her designee shall cause the condition to be
remedied by the City at the expense of the property owner. If a written
appeal has been filed and the finding of public nuisance is upheld, the City
Administrator or his or her designee may cause the condition to be remedied
by the City at the expense of the property owner unless the City Commission
otherwise directs.
B.
If a written appeal has been filed and the finding of public nuisance is
reversed, the City will not assess any costs or administrative penalties
against the property, although such administrative penalties would
otherwise be authorized by this Part of this Article.
C.
In cases involving major nuisance conditions requiring immediate, direct
action to abate hazards imminently dangerous to the health, welfare or
safety of the public, the City may, upon authorization by the Mayor, cause
the conditions to be immediately remedied by City-authorized lot cleaning.
Notice of said lot cleaning shall be given within five (5) days after the lot
cleaning and according to the procedures set forth in this Part of this Article,
except that the notice shall explain that the property contained hazards
requiring immediate remedy, that the lot has already been cleaned, and that
the property owner has fifteen (15) days from the date of the notice to apply
to City Commission to show why costs of cleaning should not be assessed
against his or her property. Said emergency lot cleaning shall be at the
expense of the property owner; provided, however, the property owner may
make a written request for a hearing before City Commission as above
provided within fifteen (15) days from the date of notice that his lot had to
be cleaned and that a charge is being assessed therefore.
(Ord. No. 2002-01; § 30, 2-7-2002)
10.06.05
Collection of Costs and Records; Secured Property
A.
After causing the condition to be remedied, the City Administrator shall
certify the expenses incurred by the City in remedying the condition
whereupon such expense, plus a charge to cover City administrative
expenses, plus any administrative penalty as provided in this Part of this
Article, shall become payable within thirty (30) days, after which a lien and
charge will be made upon the property, which shall be payable with interest
at the highest lawful rate of interest per annum from the date of such
certification until paid.
B.
Such lien shall be enforceable in the same manner as a judgment or tax lien
in favor of the City of Lake Helen and may be satisfied at any time by
payment thereof including accrued interest. Notice of such lien may be filed
in the office of the Clerk of the Circuit Court and recorded among the public
records of Volusia County, Florida.
C.
If the subject property is secured by locks or otherwise, the City shall have
the authority to enter said property for purposes of remedying the violative
condition, and any additional costs incurred by the City in gaining access to
the property, including, but not limited to, judicial action, or in re-securing
the property after cleaning shall be considered expenses of remedying the
condition.
(Ord. No. 2002-01; § 31, 2-7-2002)
10.06.06
Administrative Charge; Administrative Penalty
A.
In addition to the actual cost of remedying the violation cited under this Part
of this Article, the City may also assess a charge to cover administrative
expenses incurred in securing and monitoring the services of a private
contractor to remedy the violation. Said administrative charge shall be
reviewed and approved by City Commission at least on an annual basis.
B.
If a second violation of this Part of this Article is cited against the same
property and property owner within twelve (12) months from the date of the
first citation, all administrative penalty of one hundred dollars ($100.00)
shall additionally be assessed five (5) days after the second citation. If the
condition is abated by the owner during that five (5) day period, the penalty
will not be assessed. If a third violation of this Part of this Article is cited
against the same property and property owner within twelve (12) months
from the date of the first citation, an administrative penalty of two hundred
dollars ($200.00) shall additionally be assessed five (5) days after the third
citation. If the condition is abated by the owner during that five (5) day
period, the penalty will not be assessed. Subsequent Violations cited against
the same property and property owner shall be referred to the City Attorney
for appropriate legal action including, but not limited to, injunctive relief,
in addition to enforcement as provided in this Part of this Article.
(Ord. No. 2002-01; § 32, 2-7-2002)
10.07.00
MISCELLANEOUS PROVISIONS
10.07.01
Provisions of Ordinance Supplemental Means
The provisions of this Article are additional and supplemental means of enforcing
City Code or City ordinances and may be used for the enforcement of all codes and
ordinances duly adopted by the City Commission. Nothing contained in this Part of
this Article shall prohibit the City from enforcing its codes or ordinances by other
means.
(Ord. No. 2002-01; § 33, 2-7-2002)
10.07.02
Applicable Codes and Ordinances
All provisions of the City Code and City Ordinances, not excluded herein, may be
enforced pursuant to the supplemental procedures contained in this Article.
(Ord. No. 2002-01; § 34, 2-7-2002)
10.08.00
PLANNING AND LAND DEVELOPMENT REGULATION COMMISSION
10.08.01
Legislative Findings and Intent, Ordinance Number 2009-06
WHEREAS, the City Commission of the City of Lake Helen discussed the
need and desire for amendments to the City's regulations regarding the Planning
and Land Development Regulation Commission (PLDRC) at the City
Commission's Regular Meeting of June 18, 2009; and
WHEREAS, the City Commission specifically indicated a need to clarify
the term of office for PLDRC members.
(Whereas, Ord. No. 2009-06, §1, 8-6-09)
10.08.02
Organization
A.
Membership
The PLDRC shall have seven (7) members appointed by the City
Commission. Members shall serve staggered terms of three (3) years. The
three (3) year term of office shall, regardless of actual date of a member’s
appointment or reappointment, be considered to commence on October 1st
and to expire on September 30th in the third year of the term in accordance
with the schedule of terms that has been implemented by the City
Commission. No elected official or employee of the city government shall
be appointed to serve on the PLDRC.
B.
Place of Residence. Removal From Office Vacancies
Each PLDRC member shall reside within the City of Lake Helen. Any
vacancy occurring during the unexpired term of office of any member shall
be filled by the City Commission for the remainder of the term. The vacancy
shall be filled by the City Commission in as timely a period as is practicable.
Any member of the PLDRC may be removed from office for cause by the
City Commission, upon written charges and after public hearing in
accordance with controlling State law.
C.
Officers, Employees
The PLDRC shall elect a chairman, vice-chairman and secretary from
among its members. The city shall provide clerical and staff assistance.
D.
Rules of Procedure
The PLDRC shall meet at regular monthly intervals as needed to accomplish
its assigned duties, and at such other times as it may deem necessary, for
the transaction of its business. A quorum shall be four (4) members. No
recommendations for approval of any application may be made unless four
(4) members concur.
(Ord. No. 2009-06, §2, 8-6-2009)
10.08.03
Powers and Duties.
A.
B.
The PLDRC shall hear applications from the City Commission, any
department or agency of city government, or from any person for
amendment to the Comprehensive Plan or Land Development Regulations
and make recommendations to the City Commission. If the proposed
amendment or special exception relates to a specific area of land, it shall be
heard only if it is presented by the person owning fifty-one (51) percent or
more of that land, or by the owner's designee; provided, however, that any
agreement relating to such action or development order relating to such
action, when containing commitments or covenants which run with the
property that is the subject of the application, must be executed by all
persons and entities necessary to bind the property.
The PLDRC is hereby designated as the local planning agency as required
by Section 163.3161, Florida Statutes, et seq. and Section 163.3174, Florida
Statutes of the Local Government Comprehensive Planning and Land
Development Regulation Act. It shall prepare, or cause to be prepared, the
elements of the comprehensive plan required in Section 163.3177, Florida
Statutes, and any other appropriate elements, and shall make
recommendations regarding the comprehensive plan to the City
Commission. It shall have the general responsibility for the conduct of the
comprehensive planning program. It shall comply with all requirements of
the Local Government Comprehensive Planning and Land Development
Regulation Act and shall monitor and oversee the effectiveness and status
of the comprehensive plan, and recommend to the City Commission, such
changes in the comprehensive plan as may from time to time be required. It
shall perform any other duties assigned by the City Commission and may
prepare and recommend to the City Commission any other proposals to
implement the comprehensive plan.
C.
As the local planning agency, the PLDRC is hereby also designated as the
land development regulation commission in accordance with the provisions
of Section 163.3161, et seq. and Section 163.3194, Florida Statutes of the
Local Government Comprehensive Planning and Land Development
Regulation Act. The PLDRC shall develop and recommend to the City
Commission land development regulations which implement the
comprehensive plan and review land development regulations or
amendments for consistency with the adopted plan.
(Ord. No. 2009-06, §2, 8-6-2009)
10.08.04
Zoning Enforcement Officer
An employee, or contractor, of the City of Lake Helen assigned to enforce
the provisions of the City's Land Development Regulations.
(Ord. No. 2009-06, §2, 8-6-2009)
10.09.00
HISTORIC PRESERVATION BOARD
A Board established as a citizen board for the purposes of administering Article 34,
Historic Preservation. The organization of the board can be found in Section
34.02.00 of Article 34.
(Ord. 97-6 § 3-20-97)
ARTICLE 11
DEVELOPMENT PLAN REVIEW PROCEDURES
11.00.00
GENERAL
11.00.01
Purpose
11.00.02
Applicability
11.00.03
Withdrawal of Applications
11.01.00
PRE-APPLICATION CONFERENCE
11.02.00
CONCEPT PLANS
11.02.01
General
11.02.02
Concept Plan Submittal Requirements
11.02.03
Review of Concept Plan
11.03.00
REVIEW OF DEVELOPMENT PLANS
11.03.01
General
11.03.02
Application
11.03.03
Plan Submittal Requirements
11.03.04
Preliminary Review of Development Plans
11.03.05
Required and Optional Contents of Preliminary Development Orders
11.03.06
Final Review of Development Plans
11.03.07
Required and Optional Contents of Final Development Orders
11.04.00
PROJECT PHASING
11.04.01
General
11.04.02
Phasing Plan Submittal Requirements
11.05.00
PLATTING
11.05.01
General
11.05.02
Review by PLDRC
11.05.03
Requirements for Final Plat Approval/recording
11.05.04
Vacating of Plats
11.06.00
GUARANTEES AND SURETIES
11.06.01
Applicability
11.06.02
Improvements Agreements Required
11.06.03
Amount and Type of Security
11.06.04
Completion of Improvements
11.06.05
Maintenance of Improvements
11.07.00
PROCEDURES FOR OBTAINING A MINOR REPLAT
11.07.01
Review by PLDRC
11.07.02
Recordation
11.07.03
Restrictions
ARTICLE 11
DEVELOPMENT PLAN REVIEW AND PROCEDURES
11.00.00
GENERAL
11.00.01
Purpose
This Article sets forth the review procedures to be followed in applying for,
granting, denying, or granting with conditions approval of a development project
or activity.
11.00.02
Applicability
Development plan review and approval is required for all development applications
prior to the issuance of building permit, grading and filling permit, stormwater
permit, or other development related approvals as required under this Code, except
the following:
A.
Single-family dwellings on existing subdivision lots-of-record when such
use is listed as a permitted use within the applicable land use district.
B.
Duplex dwellings on existing, conforming subdivision lot-of-record when
such use is listed as a permitted use within the applicable land use district.
C.
A single-family dwelling on an undivided parcel of land when such use is
listed as a permitted use within the applicable land use district.
D.
Land clearing permits.
E.
Except as might otherwise be required under Article 12, interior or minor
building alterations and site modifications which do not increase the nonconforming status of a "non-conforming site", as determined in accordance
with Article 13, or which do not transform a site which conforms with all
current land use requirements into a "non-conforming site".17
F.
The erection of a sign or the removal of protected trees on a previously
developed site and independent of any other development activity on the
site.
G.
Fences, walls, re-landscaping, restriping, or other minor site changes that
do not materially alter the appearance or function of an existing site,
increase the nonconforming status of the site, have an adverse effect on
public safety, or cause a site to become nonconforming,
Cross-references – Article 12 Permits, Article 13 Nonconforming, Development, Variances, Special Exceptions,
Changing Land Use (Rezonings)
17
11.00.03
Withdrawal of Applications
An application for development review may be withdrawn at any time. If a
development review application is withdrawn the applicant shall be required to
submit a complete new application for his/her request. The applicant shall, in
writing, request withdrawal and state the reason for withdrawal. If application is
withdrawn or denied regardless of the timing the application shall not be returned.
Also, the applicant shall be responsible for payment of all committed reviews by
the City consultants or legal review prior to withdrawal.
11.01.00
PRE-APPLICATION CONFERENCE
Prior to filing for development plan review, the developer shall meet with the
PLDRC to discuss the development review process and to be informed of the City's
development objectives. No person may rely upon any comment concerning a
proposed development plan, or any expression of any nature about the proposal
made by any participant at (be pre-application conference as a representation or
implication that the proposal will be ultimately approved or rejected in any form.
11.02.00
CONCEPT PLANS
11.02.01
General
All proposed developments must undergo a Concept Plan review.
11.02.02
Concept Plan Submittal Requirements
Each Concept Plan shall show:
A.
The location of the proposed development, surrounding streets and
thoroughfares, existing zoning on the site and abutting lands, Future Land
Use designation on the property and abutting lands, and existing
development shall be noted;
B.
All land parcels and tracts;
C.
Existing flood plain delineations;
D.
Proposed land uses, open space, recreation and major streets or
thoroughfares internal to the development;
E.
Proposed utility service concept for sanitary sewers, storm drainage, potable
water and reclaimed water.
Proposed phasing, if applicable.
F.
11.02.03
Review of Concept Plan
The PLDRC shall issue no binding order, finding or other indication of approval of
disapproval of the proposal, and no person may rely upon any comment concerning
the proposal, or any expression of any nature about the-proposal, made by any
person during the concept review process as a representation or implication that the
particular proposal will be ultimately approved or disapproved in any form.
11.03.00
REVIEW OF DEVELOPMENT PLANS
11.03.01
General
The review process comprises two (2) review procedures to be followed: a
preliminary review and a final review. Only those projects which exceeds in size
the threshold for small area amendments under § 163.318, Florida Statutes, shall
submit the proposed development for preliminary review as outlined in section
11.03.04. All other proposed development need only follow the procedures for a
final plan review as outlined in section 11.03.06.
11.03.02
Application
Applications for development review shall be available from City Hall. A
completed application shall be signed by all owners, or their agent of the property
subject to the proposed, and notarized. Signatures by other parties will be accepted
only with notarized proof of authorization by the owners. In a case of corporate
ownership, the authorized signature shall be accompanied by a notation of the
signer’s office in the corporation, and embossed with the corporate seal. All
preliminary and final Development Plans shall be signed and sealed by a Licensed
Professional Engineer, unless waived by the City Commission or their appointed
designee.
11.03.03
Plan Submittal Requirements
All Development Plans submitted pursuant to this Code shall conform to the
following standards:
A.
General information:
1.
All plans shall be drawn to a scale of one (1) inch equals fifty (50)
feet, unless the PLDRC Chairman determines that a different scale
is sufficient or necessary for proper review of the proposal.
2.
The trim line sheet size shall be twenty-four (24) inches by thirtysix inches. A three-quarter (3/4) inch margin shall be provided on
all sides except for the left binding side where a two (2) inch margin
shall be provided.
3.
If multiple sheets are used, the sheet number and total number of
sheets must be clearly indicated on each.
4.
A general vicinity or location map drawn to scale of not less than
one inch equals two thousand feet (1"=2,000') [both stated and
graphic] showing the position of the proposed development in the
section(s), township and range, together with the principal roads,
City limits, and/or other pertinent orientation information.
5.
A complete legal description of the property.
6.
The name, address and telephone number of the owner(s) of record
of the property. Where a corporation or company is the owner of the
property, the name and address of the president and secretary of the
entity shall be shown.
7.
Name, business address, and telephone number of the
professional(s) responsible for the preparation of the drawing(s).
8.
Each sheet shall contain a title block with the name of the
development, stated and graphic scale, a north arrow, and date.
9.
The plan shall show the boundaries of the property with a metes and
bounds description reference to section, township and range, tied to
a section or quarter-section or subdivision name and lot number(s).
10.
The area of the property shown in square feet and acres.
11.
Name of project and type of review.
12.
Statement of the intended use of site.
13.
Linear dimensions of the site and proposed building(s).
14.
Existing topography with a minimum of one-foot contour intervals
for the proposed site. All elevations shall be referenced to United
States Geological Survey datum.
15.
Finish grading elevations
16.
All existing and proposed building restrictions lines (ie., highway
setback lines easements) covenants, rights-of-way, and building
setback lines, even if more restrictive than those specified by the
regulations).
17.
Any formal commitments, including, but not limited to contribution
to off-site public facilities impacts.
B.
C.
18.
Density calculations for all existing and/or proposed building,
paving and landscaping areas. Percentages are to be broken down
into two categories - pervious and impervious areas.
19.
Parking calculations.
20.
Project address.
21.
Adjacent jurisdiction, land use and existing business name or center.
22.
Any proposed phasing of development.
Building and structures:
1.
Intended use
2.
Number of stories
3.
Height of building
4.
Number of dwelling units and density for multifamily development
plans
5.
Projected number of employees and number of vehicles kept at site
6.
For restaurants, entertainment or similar establishments, show
number of seats and allowable occupancy load as determined by the
fire marshal
7.
Gross square footage, storage area square footage, and gross floor
area ratio
8.
Type of construction
9.
Finish Floor Elevation
10.
Proposed sign including regulatory, warning or guide signs which
shall include, but not be limited to stop signs, stop bars, handicapped
parking signs/markings, speed limit signs, children at play signs,
yield signs, no-parking signs, signs that indicate a hazard within the
development, etc.
Streets, Sidewalks, Driveways, Parking areas and Loading/Unloading Areas
l.
Engineering plans and specifications for streets, sidewalks, parking
areas and driveways
2.
All parking spaces designated
3.
Calculation of number of parking spaces
4.
Number and location of handicapped spaces
5.
Number and designation of loading spaces
6.
Number of square feet of paved parking and driveway area and
sidewalk area
7.
Surface materials of driveway area
8.
Cross section and profile of proposed street improvements and other
paved surfaces
9.
Fire lanes details and location
10.
Location of proposed driveway(s) and median cut(s)
11.
Internal traffic circulation plan, including directional arrows and
signage to direct traffic flow
12.
Location of sidewalks, bikepaths and/or trails
13.
Coordination of walkways, bikeways, driveways etc., with facilities
in adjacent development
14.
All proposed streets, alleys and right-of-way
15.
Extension of construction of service roads and on-site access must
be shown where applicable.
D.
Traffic impact analysis.
E.
Drainage.
F.
Soils:
1.
A soil classification map as a overlay for comparison with proposed
development activities shall be provided and indicate soil
classifications on the development plan as identified by the United
States Department of Agriculture Soil Conservation Service in the
Volusia County Soil Survey and Soil Survey Supplement. An
Applicant may challenge this designation by securing competent
expert evaluation, at the applicant's own expense, demonstrating
that the identified soils are not classified correctly. If determination
is concurred in by the City, the soil shall be correctly identified for
the purpose of this Code.
2.
G.
Soil analysis by a qualified geotechnical professional engineer shall
be furnished upon request of the City.
Erosion Control
Provisions for the adequate control of erosion and sediment, indicating the
location and description of the methods to be utilized during and after all
phases of clearing, and construction.
H.
Limits of floodplain:
Indicate flood elevation for 100-year flood on the development plan as
established by the Federal Flood Insurance Administration and as
supplemented by the United States Geological Survey Map of Flood Prone
Areas. The actual acreage above and below the 100-year flood elevation,
plus that area below the antecedent water level shall be listed numerically.
Indicated, for all bodies of water the mean high water line as defined in this
Code.
I.
Proposed water and sewer facilities:
1.
Water Systems. Size, material, and location of water mains, valves
and fire hydrants, including engineering plans and specification
2.
Sanitary Sewer Systems in accordance with this Code.
J.
Solid Waste in accordance with this Code.
K.
Tree removal, land clearing, landscape buffers, and landscaping in
accordance with this Code.
L.
Recreation and open space in accordance with this Code.
M.
Existing improvements (on-site, adjacent to the site and across or opposite
any right-of-way).
The name, location, and right-of-way of all existing streets, right-of-way,
and platted streets with 500' in each direction of the proposed entrance(s) to
the proposed subdivision as well as sidewalks, alleys, easements, median
cuts, and bike paths:
1.
Drainage systems to include natural and structural (size and
material, invert elevation);
2.
Size, location, and materials type of nearest water and reclaimed
water mains, valves and fire hydrants;
3.
Sanitary sewer system (size, invert elevation and material type to be
included): and
4.
Indicate all other utilities:
Gas, power, telephone and cable television, where applicable.
N.
Environmentally Sensitive Lands in accordance with this Code.
O.
Wellfield Protection:
Location of on-site wells, and wells within one thousand (1,000') feet of any
boundary of the site.
P.
Historic and Archaeologic Sites:
Identification of historic and archaeological sites on the site, or within one
thousand (1,000') feet of any boundary of the site.
11.03.04
Q.
Any additional data, maps, plans or statements, as may be required, which
are commensurate with the intent and purpose of this Code.
R.
Sign, size, and location in accordance with this Code.
S.
Unless a format is specifically called for in the City's application, the
information required may be presented textually, graphically, or on a map,
plan, aerial photograph, or by other means, whichever most clearly conveys
the required information. It is the responsibility of the developer to submit
the information in a form that allows ready determination of whether the
requirements of this Code have been met. In some cases more detailed
information may be required by the PLDRC for any Development Plan
submittals.
T.
Seven (7) copies of the submittal shall be required, by the first working day
of each month to begin that month’s process or each subsequent submittal.
U.
A plat shall be required with the submittal of a Development Plan when the
subdivision of land occurs.
Preliminary Review of Development Plans
A.
The developer shall within six (6) months after completion of Concept
Review, submit a Preliminary Development Plan to the PLDRC for
preliminary review. If more than six (6) months elapse, the developer must
resubmit the plan for Concept Review.
11.03.05
B.
A completed Application and plan shall be submitted by the first working
day of each month to begin that month’s process.
C.
Within five (5) working days of the review of a Preliminary Development
Plan, the PLDRC Chairman shall:
1.
Determine that the information is incomplete and inform the
developer in writing of the deficiencies. The developer may submit
an amended plan in accordance to that months review schedule or
within thirty (30) working days without payment of an additional
fee, but if more than thirty (30) days have elapsed, must thereafter
initiate a new application and pay a new fee; or
2.
Determine that the plan is complete and proceed in accordance with
this Code.
D.
The PLDRC Chairman shall send a copy of the Development Plan to each
member of the PLDRC. Each member shall review the proposal and submit
written and/or oral comments at the next scheduled meeting of the PLDRC.
E.
Interested persons shall be given a reasonable opportunity to comment
orally or in writing.
F.
Following a determination by the PLDRC that the application is complete,
the Developer shall submit the proposed development plans to the Volusia
Growth Management Commission in a format specified by the Commission
in Ordinance 87-24, as amended.
G.
Following receipt of comments from the Volusia Growth Management
Commission the PLDRC shall determine whether the plan satisfies the
requirements of this Code. The PLDRC shall recommend to the City
Commission:
1.
Approval of Preliminary Development Order; or
2.
Approval of Preliminary Development Order with conditions; or
3.
Denial of approval of Preliminary Development Order.
Required and Optional Contents of Preliminary Development Orders
A.
Required Contents
A Preliminary Development Order shall contain the following:
B.
1.
An approved Preliminary Development Plan (may be subject to
conditions and modifications) with findings and conclusions.
2.
A listing of conditions that must be met, and modifications to the
Preliminary Development Plan that must be made, in order for a
Final Development Order to be issued. The modifications shall be
described in a sufficient detail and exactness to permit a developer
to amend the proposal accordingly.
3.
A listing of federal, state, and regional permits that must be obtained
in order for a Final Development Order to be issued.
4.
With regard to the concurrency management requirements of this
Code:
a.
Concurrency Verification letter.
b.
The time period for which the Preliminary Development
Order is valid. This initial determination indicates that
capacity is expected to be available for the proposed project
based on information currently available to the City.
c.
Notice that the Preliminary Development Order does not
constitute a Final Development Order and that one or more
concurrency determinations may subsequently be required.
The notice may include a provisional listing of facilities for
which commitments may be required prior to the issuance of
a Final Development Order.
d.
Notice that issuance of a Preliminary Development Order is
not binding with regard to decisions to approve or deny a
Final Development Order, and that it does not constitute a
binding commitment for capacity of a facility or service.
Optional Contents.
A Preliminary Development Order may include one or more of the
following as conditions of approval:
1.
Agreement by the Developer in a recordable written instrument
running with the land that no Final Development Order will be
requested or approved unless the necessary facilities are
programmed for construction within specified time periods.
2.
Commitment by the Developer in a recordable written instrument to
contract for provision of the necessary services or facilities to
achieve the concurrency requirement.
11.03.06
3.
Schedule of construction phasing of the proposed development
consistent with the anticipated availability of one or more services
or facilities.
4.
Such other conditions as may be required to ensure that concurrency
will be met or all applicable facilities and services.
Final Review of Development Plans
A.
The developer shall, within six (6) months after completion of Concept
Review or issuance of a Preliminary Development Order (whichever is
applicable), submit a Development Plan for final review by the PLDRC for
recommendation to the City Commission.
B.
A completed Application and Plan shall be submitted by the first working
day of each month to begin that month's process.
C.
Within five (5) working days of the submittal of the Final Development
Plan, the PLDRC Chairman shall:
1.
Determine that the information is incomplete and inform the
developer in writing of the deficiencies. The developer may submit
an amended plan in accordance to that month's review schedule or
within thirty (30) working days without payment of an additional
fee, but, if more than thirty (30) days have elapsed, must thereafter
initiate a new application and pay a new fee; or
2.
Determine that the plan is complete and proceed in accordance with
this Code.
D.
The PLDRC Chairman shall send a copy of the Final Development Plan to
each member of the PLDRC. Each member shall review the proposal and
submit written and/or oral comments at the next scheduled public hearing
of the PLDRC.
E.
Notice of a public hearing shall be pursuant to Article XIV, of this Code.
Interested persons shall be given a reasonable opportunity to comment
orally or in writing.
F.
Within ten (10) working days after the PLDRC meets in public hearing to
consider the plan and comments, a recommendation to the City Commission
shall be made to:
1.
Issue a Final Development Order complying with this Code: or
2.
G.
H.
11.03.07
Refuse to issue a Final Development Order because the
development fails to comply with the conditions imposed by the
Preliminary Development Order or the proposed development, even
with reasonable modifications, fails to meet the requirements of this
Code.
On the earliest available date after PLDRC's final review, the City
Commission shall determine whether the plan satisfies the requirements of
this Code. The City Commission shall direct the appropriate City official
to:
1.
Issue a Final Development Order complying with this Code: or
2.
Refuse to issue a Final Development Order because the
development fails to comply with the conditions imposed by the
Preliminary Development Order or the proposed development, even
with reasonable modifications, fails to meet the requirements of this
Code.
Final Development Plans/Orders shall not be valid for more than one (1)
year from date of approval except as follows:
1.
Project is in process and active construction is continuing in good
faith.
2.
Request for extension in writing including reasons for the extension
request and any support material required and approved by the City
Commission or appropriate City official. Request shall be submitted
at least thirty (30) days prior to the expiration date. Extensions shall
not be for more than six (6) months and no more than two extensions
per project/development will be reviewed.
3.
Approval of extension requests shall not be granted automatically
by the City Commission or appropriate City official but shall be
reviewed in reference to this Code and other city, county, state or
federal requirements and the reasons provided.
Required and Optional Contents of Final Development Orders
A.
Required Contents:
A Final Development Order shall contain the following:
l.
A determination that, where one required, a valid Preliminary
Development Order exists for the requested development.
2.
An approved Final Development Plan with findings and
conclusions.
3.
A determination that all conditions of the Preliminary Development
Order have been met.
4.
If modifications must be made to the development plan before a
Final Development Order may be issued, a listing of those
modifications and the time limit for submitting a modified plan.
5.
A specific time period during which the Development Order is valid
and during which time development shall commence. A Final
Development Order shall remain valid only if development
commences and continues in good faith according to the terms and
conditions of approval.
6.
A commitment by the City to the following:
7.
B.
a.
The necessary facilities shall not be deferred or deleted from
the Capital Improvements Element or the adopted one-year
capital budget unless the subject Final Development Order
expires or is rescinded prior to the issuance of a certificate
of occupancy.
b.
Contracts shall provide that construction of necessary
facilities must proceed to completion with no unreasonable
delay or interruption.
A determination that the concurrency requirements have been met.
Optional Contents.
A Final Development Order may contain:
l.
A schedule of construction phasing consistent with availability of
capacity of one or more services and facilities.
2.
A schedule of services or facilities to be provided or contracted for
construction by the applicant prior to the issuance of any certificate
of occupancy or within specified time periods.
3.
Any alternate service impact mitigation measures to which the
applicant has committed in a recordable written instrument.
4.
A bond in the amount of one hundred ten percent (110%) of the cost
of services or facilities that the applicant is required to construct,
contract for construction, or otherwise provide.
5.
Such other conditions as may be required to ensure compliance with
the concurrency' requirement.
11.04.00
PROJECT PHASING
11.04.01
General
A Phasing Plan for the entire development site must be approved for a development
that is to be developed in phases. The phasing plan shall be submitted
simultaneously with an application for review of the development plan for the first
phase of the development and must be approved as a condition of approval of the
plan for the first phase. A development plan must be approved for each phase of
the development under the procedures for development review prescribed above.
Each phase shall include a proportionate share of the proposed recreational and
open space, and other site and building amenities of the entire development, except
that more than a proportionate share of the total amenities may be included in the
earlier phases with corresponding reductions in the later phases.
11.04.02
Phasing Plan Submittal Requirements
In addition to the general plan submittal requirements, a Phasing Plan shall provide
the following information for the entire development:
A.
A Concept Plan for the entire Phasing Plan area.
B.
A Development Plan for the first phase or phases for which approval is
sought.
C.
A development phasing schedule including the sequence and requirements
for each phase as follows; approximate size of the area in each phase; and
proposed phasing of construction of public recreation and Common Open
Space areas and facilities.
D.
Total acreage and gross intensity (non-residential) and gross density
(residential) of each phase.
E.
Number, height and type of residential units.
F.
Floor area, height and types of office, commercial, industrial and industrial
area.
G.
Approximate location of proposed and existing streets and pedestrian and
bicycle routes, including points of ingress and egress.
H.
Approximate location and acreage of any proposed public use such as parks,
school sites, and similar public or semi-public uses.
I.
J.
A vicinity map of the area within one (1) mile surrounding the site showing:
1.
Land use designations and boundaries.
2.
Traffic circulation systems.
3.
Major public facilities.
4.
Municipal boundary lines.
Other documentation necessary to permit satisfactory review under the
requirements of this Code and other applicable law as required by special
circumstances in the determination of the PLDRC Chairman or appropriate
City official.
11.05.00
PLATTING - SUBDIVISION
11.05.01
General
Where proposed development includes the subdivision of land, the PLDRC shall
review in public hearing and make recommendations to the City commission. The
final approval of the development plan by the City Commission shall be made
contingent of a plat conforming to the development plan.
11.05.02
Review by PLDRC
A.
A plat conforming to the development plan and the requirements of Chapter
177, Florida Statutes, shall be submitted to the PLDRC for review and
recommendation to the City Commission for approval/disapproval.
B.
Final Plats shall be prepared in accordance with the following requirements:
1.
The Final Plat shall be drawn with black drawing ink on mylar, using
sheets thirty-six (36) inches by twenty-four (24) inches. Each sheet
shall have marginal line completely around the sheet placed to leave
a three-inch binding margin on the left and one-inch margin on the
other three (3) sides. Final Plats shall meet all the requirements of
Chapter 177, Florida Statutes or other law as required. The Final Plat
shall be so certified by the land surveyor. The Final Plat shall be at
a scale of not more than one hundred (100) feet to the inch. All
dimensions shall be to the nearest-hundredth of a foot and angles to
the nearest second of a degree.
2.
The Final Plat shall constitute only that portion of the approved
development plan which the subdivider proposes to record and
develop at the time; provided, however, that such portion conforms
to all requirements of this Code.
3.
The Final Plat shall contain certifications as required by Chapter
177, Florida Statutes; of owners showing dedications; of surveyor
confirming correctness: of PLDRC approval; and for Clerk of
Circuit Court recording as well as City Engineer. Signatures of
owners must be in conformance with Florida Statutes, Section
692.01 (for corporation), or Chapter 689 (for individual);
4.
A certificate of consent and approval by mortgagee on the Final Plat
or as a separate instrument.
5.
A metes and bounds description of lands to be subdivided, from
which and without reference to the Final Plat, the starting point an
boundary can be determined. Legal description to contain the
appropriate section, township, and range and the words “City of
Lake Helen, Volusia County, Florida”:
6.
Every development shall be given a name by which it shall be
legally known. The name shall not be the same as any other name
appearing on any recorded plat except when the proposed
development includes a subdivision that is subdivided as an
additional unit or section by the same developer or his successors in
title. Every subdivision name shall have legible lettering of the same
size and type including the words "section", "unit" "replat'',
"amended", and the like. The name of the development shall be
indicated on every page.
7.
All lots shall be numbered either by progressive numbers or, if in
blocks, progressively numbered or lettered, except that blocks in
numbered additions bearing the same name may be numbered
consecutively throughout several additions.
8.
All interior excluded parcels shall be clearly indicated and labeled
"Not part of this plat/development."
9.
All contiguous properties shall be identified by development title,
plat book; and page, or if the land is unplatted, it shall be so
designated. If a subdivision to be platted is a resubdivision or a part
or the whole of a previously recorded subdivision, sufficient ties
shall be shown to-controlling lines appearing on the earlier plat to
permit an overlay to be made. All abutting existing easement and
rights-of-way must be indicated. The abutting existing rights-ofway must be indicated to the center line.
10.
Restrictions pertaining to the type and use of existing or proposed
improvements, waterways open spaces, building lines, buffer strips
and walls, and other restrictions of similar nature, shall require the
establishment of restrictive covenants and such covenants shall be
submitted with the Development Plan for recordation.
11.
Where the development includes private streets, ownership and
maintenance association documents shall be submitted with the
Development Plan and the dedication contained on the development
plan shall clearly indicate the roads and maintenance responsibility
to the association without recourse to the City or any other public
agency.
a.
C.
11.05.03
All man-made lakes, ponds, and other man-made bodies of
water excluding retention/detention areas shown on the
Development Plan shall be made a part of adjacent private
lot(s) as shown on the Final Plat. The ownership and/or
maintenance of these bodies of water shall not be dedicated
to the public unless approved by the City.
The PLDRC shall determine whether the plat conforms to the approved
development plan and the requirements of Chapter 177, Florida Statutes. If
the PLDRC determines that the plat so conforms, it shall be placed on the
next available agenda of the City Commission for approval. If it does not
conform, the PLDRC shall explain the deficiency in the plat to the developer
and inform him that a corrected plat may be resubmitted for approval.
Requirements for Final Plat Approval Recording
The recording of the Final Plat shall be made only pursuant to certification of
adequacy of the following list of required submittals by the City Attorney as
appropriate.
A.
Bonds
The approval of any plat shall be subject to the subdivider guaranteeing the
installation of all infrastructure i.e., storm drainage facilities, bulkheads,
streets and water and sewer lines or other required improvements by filing
a performance bond or bonds executed by an approved corporate surety
company in the amount of one hundred ten (110) percent of the construction
cost, including landfill. Cost for construction shall be (1) estimated by the
subdivider’s engineer, or (2) a copy of the contract provided. The amount
of the performance bond must be approved by the City.
In lieu of performance bonding, improvements may be installed following
Final Plat approval preceding Final Plat recording. The plat cannot be
recorded until a Certificate of Acceptance has been issued and the City is in
receipt of the maintenance bond. Bonding requirements may also be met by
the following, but not limited to:
B.
1.
Escrow deposit
Cashier’s check
Certified check
2.
Other's, as approved by the City Commission, which may include
developers-lender-city
agreement
for
providing
public
improvements, assignment of interest-bearing certificate of deposit,
or irrevocable and unconditional letter of credit.
3.
All construction cost documents shall be signed and sealed where
appropriate.
Covenants
Any protective deed covenants or restriction to be placed on the property
shall be notarized and in a form suitable for recording.
C.
Title Certificate
A certificate of ownership, signed by a licensed attorney at law or an
abstract company, licensed to practice in the state of Florida, in form
approved by the City Attorney, and showing;
D.
1.
Parties executing plat are owners of the land embraced by the plat
2.
All mortgages, liens or other encumbrance
3.
That all City taxes and assessments are paid to date
4.
Description of plat is correct
5.
No conflicting right-of-way, easements, or plats exist.
Development Agreement
If determined necessary by the City to secure the future performance of any
conditions imposed by the City or representations made by the developer,
an executed development agreement in a form acceptable to the City may
be required. In such event the developer shall be required to pay all cost
involved in the preparation and in the recording of such agreement.
E.
11.05.04
Prior to the approval of any plat, addresses will be obtained by the developer
from the City in accordance with the established addressing system. The
developer shall provide the City with a reduced copy of the plat, with the
individual sheets no larger than eleven (11) inches by seventeen (17) inches.
The reduced plat shall be submitted at least thirty (30) days prior to any site
work or recording whichever is first.
Vacating of Plats
Applications to vacate a plat shall be subject to Chapter 177, Florida Statutes, and
applicable City requirements for vacating procedures.
11.06.00
GUARANTEES AND SURETIES
11.06.01
Applicability
11.06.02
A.
The provisions of this section apply to all proposed developments in the
City, including private road developments.
B.
Nothing in this section shall be construed as relieving a developer of any
requirement relating to concurrency.
C.
This section does not modify existing agreements between a developer and
the City for developments platted and final developer orders granted prior
to the effective date of this Code, providing such agreements are current as
to all conditions and terms thereof.
Improvements Agreements Required
The approval of any development plan shall be subject to the developer providing
assurance that all required improvements, including, but not limited to storm
drainage facilities, streets and highways, water and sewer lines, shall be
satisfactorily constructed according to the approved development plan. The
following information shall be provided:
A.
Agreement that all improvements, whether required by this Code or
constructed at the developer's option, shall be constructed in accordance
with the standards and provisions of this Code.
B.
The term of the agreement indicating that all required improvements shall
be satisfactorily constructed within the period stipulated. The term shall not
exceed five (5) year from the recording of the plat or thirty percent (30%)
occupancy of the development, whichever comes first.
C.
The projected total cost for each improvement. Cost for construction shall
be determined by either of the following:
11.06.03
1.
Estimate prepared and provided by the applicant's engineer.
2.
A copy of the executed construction contract provided.
D.
Specification of the public improvements to be made and dedicated together
with the timetable for making improvements.
E.
Agreement that upon failure of the applicant to make required
improvements (or to cause them to be made) according to the schedule for
making those improvements, the City shall utilize the security provided in
connection with the agreement.
F.
Provision of the amount and type of security provided to ensure
performance.
G.
Provision that the amount of the security may be reduced periodically, but
not more than two (2) times during each year, subsequent to the completion,
inspection and acceptance of improvements by the City.
Amount and Type of Security
A.
The amount of the security listed in the improvement agreement shall be
approved as adequate by the City Engineer and/or the official responsible
for utility services.
B.
Security requirements may be met by but are not limited to the following:
C.
1.
Cashier’s check
2.
Certified check
3.
Developer/Lender/City/County Agreement
4.
Interest Bearing Certificate of Deposit
5.
Irrevocable Letters of Credit
6.
Surety Bond
The amount of security shall be one hundred and ten percent (110%) of the
total construction costs for the required developer-installed improvements.
The amount of security may be reduced commiserate with the completion
and final acceptance of required improvements. In no case, however, shall
the amount of the bond be less than one hundred and ten percent (110%) of
the cost of completing the remaining required improvements.
11.06.04
11.06.05
Completion of Improvements
A.
When improvements are completed, final City acceptance is subject to the
criteria for the City acceptance of infrastructure as defined in this Code.
B.
As required improvements are completed and accepted, the developer may
apply for release of all or a portion of the bond consistent with applicable
requirements above.
Maintenance of Improvements
A.
A maintenance agreement and security shall be provided to assure the City
that all required improvements shall be maintained by the developer
according to the following requirements:
1.
The period of maintenance shall be a minimum of one (1) year.
2.
The maintenance period shall begin with the acceptance by the City
of the construction of the improvements.
3.
The security shall be in the amount of ten percent (10%) of the
construction cost of the improvements.
The original agreement shall be maintained by the City Engineer or
the official responsible for utility services.
4.
B.
C.
Whenever a proposed development provides for the creation of facilities or
improvements which are not proposed for dedication to the City a legal
entity shall be created to be responsible for the ownership and maintenance
of such facilities and/or improvements.
1.
When the proposed development is to be organized as a
condominium under the provisions of Chapter 718, Florida Statutes,
common facilities and property shall be conveyed to the
condominium's association pursuant to that law.
2.
When no condominium is to be organized, an owners' association,
Community Development District or other similar entity shall be
created, and all common facilities and property shall be conveyed to
that association.
3.
No Development Order shall be issued for a development for which
an owners' association is required until the documents establishing
such association have been reviewed and approved by the City
Attorney.
An organization established for the purpose of owning and maintaining
common facilities not proposed for dedication to the City shall be created
by covenants running with the land. Such covenants shall be included with
the Final Plat. Such organization shall not be dissolved nor shall it dispose
of any common facilities or open space by sale or otherwise without first
offering to dedicate the same to the City.
11.07.00
PROCEDURES FOR OBTAINING A MINOR REPLAT
11.07.01
Review by PLDRC
A.
General
The PLDRC may hear an application for a Minor Replat, as defined by this
Code, conforms to the requirements of this Part and make recommendations
to the City Commission.
B.
Submittals
Submittal for a Minor Replat shall consist of the following:
C.
1.
An application form provided by the City accompanied.
2.
Seven (7) paper copies of the proposed Minor Replat.
3.
A statement and plan indicating that existing water, sanitary sewer
service drainage and or improved public right-of-way is in
conformance with this Code.
4.
Land descriptions and acreage or square footage of the original and
proposed lots and a scaled drawing showing the intended division
shall be prepared by a professional land surveyor registered in the
State of Florida. In the event a lot contains any principal or accessory
structures, a survey showing the structures on the lot shall
accompany the application.
5.
The general information described in the General Plan Submittal
Requirements in Section 11.03.03 - 1.
Review Procedure
If the proposed Minor Replat meets the conditions of this Section and
otherwise complies with all applicable laws and ordinances, the plan will
be scheduled before the City Commission for review and approval.
11.07.02
Recordation
Upon approval of the Minor Replat, the City Engineer shall record the replat once
all requirements for plat recording have been satisfied as defined within this Code.
11.07.03
Restrictions
No further division of an approved Minor Replat is permitted under this section,
unless a development plan is prepared and submitted in accordance with this
Article.
ARTICLE 12
PERMITS18
12.01.00
PERMIT FEES
12.02.00
BUILDING PERMIT
12.02.01
Permit Required
12.02.02
Submittal Requirements
12.02.03
Denial of Permit
12.02.04
Permit Expiration
12.02.05
Certificate of Occupancy
12.03.00
STORMWATER PERMIT
12.03.01
Permit Required
12.03.02
Exemptions
12.03.03
Permit Application Procedures
12.04.00
SIGN PERMIT
12.04.01
Permit Required
12.04.02
Permit Requirements
12.05.00
TREE REMOVAL
12.05.01
Permit Required
12.05.02
Application Option
12.05.03
Application for Permit in Connection with Building or Related Improvements
12.06.00
USE PERMITS
12.06.01
Permit Required
18
Cross reference—Traffic and Motor Vehicles. Article 29 (Golf Carts require permits; Section 29.05.02)
12.06.02
Fee
12.07.00
WETLAND PERMIT
12.07.01
Permit Requirements
12.07.02
Permit Fee
12.08.00
WETLAND BUFFER/LAKE PROTECTION AREA PERMIT
12.08.01
Permit Requirements
12.08.02
Permit Fee
ARTICLE 12
PERMITS
12.01.00
PERMIT FEES
A permit fee shall be collected at the time a permit application package is submitted
to the City. The fee will reflect the cost of the administration and management of
the permitting process. The City Commission will establish by resolution a fee
schedule for each permit required by this Code and such schedule may be amended
from time to time by the Commission by resolution. Notice of resolution shall be
published as provided by law.
Where work is commenced prior to obtaining a permit required by this Article, the
fees specified shall be doubled; but the payment of such double fee shall not relieve
any persons from fully complying with the applicable requirements of this Code
nor any other penalties which may be imposed.
12.02.00
BUILDING PERMIT
12.02.01
Permit Required
12.02.02
A.
No structure shall be erected, moved, added to, demolished or structurally
altered without a building permit issued by the City.
B.
No building permit shall be issued except in conformity with the provisions
of this Code, including but not limited to the requirement to development
plan approval when required in accordance with Article 11 of this Code.
Submittal Requirements
A.
Building permit applications shall be made by the property owner or his
designated agent and shall include, in addition to the structural information
as required on the Application, the following:
1.
One (1) set of plat and construction plans for single family homes
and two (2) sets for all other structures, showing:
a.
The actual shape and dimensions of the lot to be built upon
b.
The exact sizes and locations of the building or buildings to
be erected or altered on the lot
c.
The existing use of buildings on the lot, if any
d.
The intended use of each building or buildings or parts
thereof
12.02.03
12.02.04
e.
The number of families the building is designed to
accommodate
f.
The location and number of required off-street parking and
off-street loading spaces
g.
Landscaped buffer areas as required by this Code
h.
A survey of the lot, made by a land surveyor or engineer
licensed in Florida (all property stakes shall be in place at the
time of application)
i.
Such other information with regard to the lot and existing
and proposed structures as may be necessary to determine
compliance with and provide for the enforcement of this
Code.
Denial of Permit
A.
If a building permit is denied the reasons shall be stated clearly on the
application.
B.
Building permits issued on the basis of plans and applications approved
authorized only the use, arrangement, and construction set forth in such
approved plans and applications and no other use, arrangement or
construction.
Permit Expiration
A.
If the work described in any building permit has not begun within six (6)
months from the date of issuance, said permit shall expire.
B.
If the work described in any building permit has not been substantially
completed within one (1) year of the date of issuance, said permit shall
expire. Written notice shall be provided that further work as described in
the canceled permit shall not proceed unless and until a new building permit
has been obtained.
C.
Any building or structure for which a building permit has been issued, and
the construction of which has started-prior to the adoption of this Code, may
be completed in accordance with the plans and specifications as outlined in
the building permit, provided all construction is completed within one (1)
year after the effective date of this Code.
12.02.05
Certificate of Occupancy
A.
It shall be unlawful to use or occupy or permit the use or occupancy of any
building or premises, or part thereof, hereafter erected until a Certificate of
Occupancy shall have been issued stating that the proposed use of the
premises or land conforms to the requirements of this Code other applicable
regulations adopted by the City, and, where the structure or use is part of a
development requiring development plan approval under Article XI of this
Code, of the approved development order.
B.
The City's Building Official shall maintain a record of all Certificate of
Occupancy and a copy shall be furnished upon request.
12.03.00
STORMWATER PERMIT
12.03.01
Permit Required
No person may carry out any development activity, unless exempted by the section,
without first obtaining a stormwater permit from the City.
12.03.02
Exemptions
For the purposes of this section, the following activities shall be exempt from the
permitting requirements:
12.03.03
A.
Maintenance work performed on existing stormwater retention areas for the
purpose of public health and welfare
B.
Any maintenance, alteration, renewal, use or improvement of an existing
structure not changing or affecting the rate or volume of stormwater runoff
C.
Maintenance work on existing mosquito control drainage canals for the
purpose of health, safety and welfare
D.
Maintenance work on utility or transportation systems, provided such
maintenance work does not alter the purpose and intent of the drainage
system as constructed.
Permit Application Procedures
A.
Preliminary Permit Applications
1.
Any persons proposing to undertake development activity which has
not been exempted shall submit a completed preliminary application
form, as provided by the City, to the city engineer or city appointee.
No fee shall be charged for the preliminary application. In addition
to any other information as may be required by the application, the
applicant shall furnish the following information:
B.
a.
A location map;
b.
A statement and sketch describing the intent and scope of the
proposed project.
2.
The preliminary application shall be reviewed by the city engineer
or city appointee. After submission of the complete application, the
applicant will be notified that either the project is approved, is
exempt, or a standard permit application must be filed for the
project. If the city engineer or city appointee determines that a
standard permit application is required, such decision shall be finally
determined, upon request, by the PLDRC.
3.
The following criteria shall be considered in the review of the
preliminary application:
a.
Whether the proposed project is exempt;
b.
Whether the proposed project appears to increase the rate or
volume of runoff in excess of ten (10) percent from the
existing site;
c.
Whether the proposed project would appear to have an
adverse effect on water quality;
d.
Whether there are other criteria which would require a
standard application.
Standard Permit Applications
1.
If a standard permit application is required, the applicant shall
furnish three (3) copies of the following information to the city
engineer or city appointee together with the completed standard
permit application form:
a.
The detailed site plan, including general location map for the
proposed project, construction plans, specifications,
computations and hydrographs necessary to indicate
compliance with the requirements of this Code. This
information shall be prepared by a professional engineer
registered in the state
b.
Topographic maps of the site before and after the proposed
alteration
c.
General vegetation maps of the site before and after the
proposed alteration.
2.
The application shall be reviewed by the city engineer or city
appointee to ascertain its completeness and when complete, will
distribute copies of each standard application to the PLDRC for
review and recommendation.
3.
The city engineer or city appointee in approving or denying a permit
application and shall consider the extent to which the proposal meets
the requirements of this Code.
12.04.00
SIGN PERMIT
12.04.01
Permit Required
Before erecting, relocating, altering, or replacing any sign not specifically exempt
under these regulations, the person authorized to erect such sign shall first secure a
permit from the City. Signs identified in Section 8.02.00 as exempt from the
provisions of this Code are also exempt from the permitting requirements of this
section.
12.04.02
Permit Requirements
An applicant for a sign shall submit an accurate, scaled drawing, showing the
materials to be utilized, dimensions, construction details, electrical plans, and
dimensions to property lines and/or buildings with respect to the proposed location
of the sign to be erected.
An application for a sign permit shall be completed at the time such plans are
submitted; however, the payment of the fee is not required until the permit is issued.
12.05.00
TREE REMOVAL PERMIT
12.05.01
Permit Required
Any application for a tree removal permit shall be filed, processed and approved as
follows:
A.
For development requiring approval or review by the PLDRC, the
application for a tree removal permit will be filed concurrently with other
development documents required pursuant to this code and shall include, in
addition to the requirements needed for that review, the following
information:
B.
1.
A tree survey to scale which identifies trees by location, common
name and DBH. The tree survey should be part of the development
plan unless, in the judgment of the PLDRC, the plans are illegible
when combined.
2.
The survey shall denote the following information:
a.
Existing trees to be removed, relocated or retained.
b.
Replacement stock to be planted.
c.
Existing trees to be removed and trees to be retained
requiring protection shall be clearly designated on-site.
Method of designation shall be included on the plans
submitted for review.
d.
Existing and proposed utility easements.
e.
Existing and proposed improvements on the site
For development not requiring City Commission approval except as
otherwise provided, an application for a tree permit shall be filed, processed
and approved as follows:
1.
An application with three (3) sets of plans shall be filed with the City
Clerk and the proper fee paid.
2.
An application and plans shall include the following information
and exhibits:
a.
A diagram of the property which identifies any tree to be
removed, its location and common and DBH, any existing
or proposed development on the site and details of
replacement stock to be planted, including location, size and
species. Applicant shall submit two (2) copies of this
diagram with the application.
b.
Name, signature, address and telephone number of the
property owner.
c.
Legal description of the property and property appraiser's
parcel number.
d.
North arrow, scale and identification of streets abutting the
property.
12.05.02
e.
Reason for removal of trees.
f.
Existing trees to be removed and trees to be retained
requiring protection shall be clearly designated oil-site. The
designation method used shall be indicated on the plan
submitted for review.
3.
The City Clerk shall, within three (3) working days from the date of
filing, determine if the application is complete. If it is determined
that the application is incomplete, it shall be returned to the
applicant.
4.
If the application is determined to be complete, the City Clerk shall
transmit the application and plans to the enforcement official. The
enforcement official shall have fifteen (15) working days from the
date of receipt from the City Clerk of a complete application to
approve or disapprove the permit.
Application Option
For any application in which the proposed site is One (1) acre or more in land area,
the applicant may identify trees by major tree groupings. The plan may show
existing tree groupings with tree types identified by approximate percentages in
those areas where no trees are proposed to be removed, and no soil is to be disturbed
in any manner. In all cases, trees to be removed and trees directly adjacent to the
clearing area that are to be protected shall be identified on the plan by type and
location clearly designated on-site. The designation method used shall be indicated
on the plan submitted for review.
12.05.03
Application for Permit in Connection with Building or Related Improvements
A person may apply for the removal or authorize application for the removal of any
tree whose location physically prevents the siting of structures, roads, utilities or
related improvements on land owned by said person. The application must
demonstrate to the satisfaction of the enforcement official that a reasonable effort
has been made to situate the improvements so as to save as many of the existing
trees found on site as possible and to work with the existing grade to the greatest
possible extent. Any tree removed shall be subject to the relocation and replacement
provisions found in section 3.01.03 of this code19.
12.06.00
USE PERMITS
12.06.01
Permit Required
19
Cross reference – Article 3 Resource Protection Standards, Section 3.01.03.
All persons, except franchised utilities, desiring to do work within the city public
right-of-ways or city-owned property, shall first obtain a use permit for such work
from the city building department before engaging in such work. An application
may be obtained through the City Clerk.
12.06.02
Fee
Before a use permit is issued to any person, except franchised utilities, pursuant to
the terms of this article, an application fee, in an amount determined annually by
the city commission, shall be paid by the applicant.
12.07.00
WETLAND PERMIT
12.07.01
Permit Requirements
It is unlawful for any person to engage in any activity which will remove, fill, drain,
dredge, clear, destroy or alter any wetland without obtaining a wetland alteration
permit. This permit may be issued concurrent or in conjunction with other land
development permits. A permit may only be issued for those activities identified in
section 3.02.02 as an allowed activity within the designated wetland protection
areas.
Requirements for an application for said wetland alteration permit shall include:
12.07.02
A.
Name, address and phone number for the property owner and/or agent
B.
Signature of agent or owner
C.
Legal description or property, including the property appraiser's parcel
number
D.
A scale drawing of the property identifying existing structures, adjacent
streets, wetlands and water bodies
E.
A scale drawing and description of the proposed activity and proposed
location
F.
A copy of all other federal, state and regional permits and/or applications
and conditions issued for the proposed project.
Permit Fees
A permit fee shall be collected at the time the standard application package is
submitted and will reflect the cost of the administration and management of the
permitting process.
12.08.00
WETLAND BUFFER/LAKE PROTECTION AREA PERMIT
12.08.01
Permit Requirements
No person may engage in any activity which will remove, destroy or alter any
wetland buffer or area set aside to protect a lake without obtaining an alteration
permit from the city. Said permit may be issued concurrent or in conjunction with
other land development permits. Permits may only be issued for those activities
identified as not having all adverse effect on a wetland or lake buffer in section
3.02.03 or 3.02.04, as applicable.
Application requirements are the same as those for a wetland permit.
12.08.02
Permit Fee
A fee shall be collected at the time of application submittal and will reflect the cost
of the administration and management of the permitting process.
ARTICLE 13
NONCONFORMING DEVELOPMENT, VARIANCES, SPECIAL EXCEPTIONS AND
CHANGING LAND USE (REZONING)
13.00.00
PURPOSE
13.00.01
Findings /Legislative Intent, Ordinance Number 2003-01
13.00.02
Legislative Findings, Ordinance Number 2004-15
13.01.00
EXISTING NONCONFORMING DEVELOPMENT
13.01.01
Defined
13.01.02
Continuation of Nonconforming Development
13.01.03
Termination of Nonconforming Development
13.02.00
VARIANCES
13.02.01
General
13.02.02
Limitations on Granting Variances
13.03.00
SPECIAL EXCEPTIONS
13.03.01
General
13.03.02
Limitations on Granting Special Exceptions
13.03.03
Appeals and Fees
13.04.00
CHANGING LAND USE (REZONING)
13.04.01
General
13.04.02
Appeals and Fees
ARTICLE 13
NONCONFORMING DEVELOPMENT, VARIANCES, SPECIAL EXCEPTIONS AND
CHANGING LAND USE (REZONING)
13.00.00
PURPOSE
The purpose of this Article is to provide mechanisms for obtaining relief from the
provisions of this Code where hardship would otherwise occur. Two forms of
hardship are addressed: (1) A hardship that would be caused if nonconforming
development were required to immediately come into compliance with this Code;
(2) A hardship that may be caused in particular cases by the imposition of the Code's
development design standards.
13.00.01
Findings /Legislative Intent, Ordinance Number 2003-01
WHEREAS, the development residential uses within the City of Lake Helen
have a significant impact upon the well-being of the citizens of the City of Lake
Helen, the quality of life in the City, the compatibility and harmonizing of land
uses, and the protection of the historic nature of the City as well as the small town
ambiance that is very much enjoyed by the citizens of the City; and
WHEREAS, the application of sound planning principles has resulted in the
conclusion that the minimum square footage for residential dwellings should be
appropriately addressed; and
WHEREAS, the application of existing land development regulations of the
City with regard to minimum square footage for residential dwellings require
amendment in order to comport with sound land use practices and principles and in
order to improve the unique character of the City and to maintain compatibility
between land uses; and
WHEREAS, the appropriate consideration of land development issues and
the implementation of proper planning and zoning principles and practices are,
therefore, vital to the health, safety, and welfare of the residents of the City of Lake
Helen; and
WHEREAS, the City Commission, based upon the foregoing and the
contents of the various documents presented to and deriving from the deliberations
of the Planning and Land Development Regulation Commission finds that adopting
an amendment to the Code of Ordinances of the City of Lake Helen is appropriate
and will further the interests of the City and its citizens.
(Whereas, Ord. No. 2003-01, §1, 4-3-2003)
13.00.02
Legislative Findings, Ordinance Number 2004-15
WHEREAS, the development of residential uses within the City of Lake
Helen has a significant impact on the well being of the citizens of the City of Lake
Helen, the quality of life in the City and the compatibility and harmonizing of land
uses; and
WHEREAS, the City Commission of the City of Lake Helen has concluded
that property owners can alter, expand or enlarge existing nonconforming
residential dwelling structures without harm to the public welfare if said alteration,
expansion or enlargement is restricted in such a manner so as not to be considered
by the City to be detrimental to the general public; and
WHEREAS, the application of existing land development regulations
require amendment in order to comport with sound land use practices and principles
when conducting development activities related to nonconforming residential
dwelling structures; and
WHEREAS, the City Commission of the City of Lake Helen, based upon
the foregoing, finds that adopting an amendment to the Code of Ordinances of the
City of Lake Helen is appropriate and will further the interests of the City and its
citizens.
(Whereas, Ord. No. 2004-15; § 1; 9-2-2004)
13.01.00
EXISTING NONCONFORMING DEVELOPMENT
13.01.01
Defined
Legal nonconforming development is development that does not conform to the use
regulations in Article 4 and that portion relating to parking in Article 5 and
nonconforming sign regulations in Article 8.
13.01.02
Continuation of Nonconforming Development
Subject to the provisions below for terminating legal nonconforming development,
such development may remain in use in its nonconforming state, subject to the
following:
A.
Unsafe Structures or Buildings
Any structure or building or portion thereof declared unsafe may be restored
to a safe condition in accordance with this Code.
B.
Construction Approved Prior to this Code
Nothing herein shall require any change in plans, construction or designated
use of a building or structure for which a building permit has been issued
and the construction of which shall have been diligently carried on within
six (6) months of the date of such permit.
C.
Alteration
A nonconforming building may be maintained and repairs and alterations
may be made, except that in a building which is non- conforming as to the
Code, no structural alterations shall be made except those required by law.
Notwithstanding the foregoing, however, nonconforming residential
dwellings may be maintained and repairs and alterations may be made, so
long as said maintenance, repairs and alterations are made: (1) within the
existing footprint of the dwelling; or, (2) along the front or rear of the
dwelling within an area that represents a parallel extension of the footprint
of an existing room, porch or portico that is under roof, and so long as a new
nonconformity is not created; or, (3) along the sides of the dwelling, so
long as a new nonconformity, or an extension of an existing nonconformity,
is not created. Alteration of buildings within Lake Protection areas shall be
in accordance with the provisions of Subsection 3.02.04B. of the Code.
Repairs such as plumbing or the changing of partitions or other interior
alterations are permitted.
(Ord. No. 2003-01; §III, 4-3-2003)(Ord. No. 2004-15; § III, 9-2-2004)
D.
Expansion
Buildings, structures or uses of land which are non-conforming shall not be
extended or enlarged, provided, however, that any non- conforming use
may be extended if such extension will make such use conform with the
Code. Notwithstanding the foregoing, however, nonconforming residential
dwellings may be expanded, so long as such expansion is made: (1) along
the front or rear of the dwelling within an area that represents a parallel
extension of the footprint of an existing room, porch or portico that is under
roof, and so long as a new nonconformity is not created; or, (2) along the
sides of the dwelling, so long as a new non-conformity, or an extension of
an existing nonconformity, is not created. Expansion of buildings within
Lake Protection areas shall be in accordance with the provisions of
Subsection 3.02.04 B. of the Code.
(Ord. No. 2003-01; §III, 4-3-2003)(Ord. No. 2004-15; § III, 9-2-2004)
E.
Change to Another Use
A nonconforming use now cannot be changed to another nonconforming
use unless it is approved by the PLDRC subject to the following
conditions:
F.
1.
The new nonconforming use is a permitted use in a more
restrictive zoning classification.
2.
The new nonconforming use would improve the character of the
immediate neighborhood.
Nonconforming Lots of Record
A lot of record platted on or before the adoption of this Code may be used
as permitted in the zoning district subject to all requirements of the zoning
district that applies, with the exception of that which makes it
nonconforming.
G.
13.01.03
Any structure which has been in the same ownership, family ownership
or family-inherited ownership or a combination of either, since November
1, 1977, and used for single family residential purposes and maintained as
a nonconforming use may be enlarged or replaced, if destroyed, with a
similar structure so long as the enlargement or replacement does not create
new nonconforming property. The City shall no longer permit said
structure, if owned by a non-family member, to be replaced with a similar
structure. If destroyed it shall conform with current regulations for the
district in which it is located.
;
Termination of Nonconforming Development
A.
General
Nonconforming development must be brought into full compliance with
the use regulations in Article 2 of this Code in conjunction with the
following activities and in accordance with Article 8 for signs:
1.
Abandonment
When a nonconforming use of land or building has been
discontinued for one hundred eighty (180) days or more, its future
use shall revert to the uses permitted in the district in which said
land is located with burden of proof of use to be documented and
submitted by applicant.
2.
Restoration
A nonconforming building or structure which is damaged or
destroyed to the extent of fifty percent (50%) by fire, wind,
hurricane or other calamity or act not attributable to the owner, the
owner's agents or employees may not be reconstructed or restored
for use, except as described below, unless such reconstruction or
restoration is accomplished in compliance with this Code. If there
are multiple principal structures on a site, the cost of
reconstruction shall be compared to the combined fair market
value of all the structures. Residential dwellings that were in
existence on April 3, 2003, or which were constructed in
compliance with a building permit that was issued as of April 3,
2003, shall be permitted to be restored, enlarged or expanded so
long as the restoration, enlargement or expansion does not create
a new nonconformity or extend an existing nonconformity, other
than the nonconforming size of a residential dwelling. Accessory
buildings that were in existence on August 13, 2004, shall be
permitted to be reconstructed or restored so long as the restoration
or reconstruction does not create a new nonconformity or extend
an existing nonconformity.
(Ord. No. 2003-01; §III, 4-3-2003)(Ord. No. 2006-01; §II, 2-2-2006)
B.
Special Provisions for Specific Nonconformance
1.
Nonconforming with the parking and loading requirements of this
Code.
In addition to the activities listed in Section 13.01.03 A, full
compliance with the requirements of this Code shall be required
where the seating capacity or other factor controlling the number
of parking or loading spaces required by this Code is increased by
ten percent (10%) or more.
2.
Nonconforming signs
All nonconforming signs, legally permitted and in place on April
16, 2009, shall, until April 16, 2012, only be made to conform with
Article 8 of the Code of Ordinances, and the signage provisions of
the Gateway Corridor Standards Ordinance, when replaced, when
structurally altered, or when destroyed or damaged by wind, fire,
or other means to be the extent of sixty (60) percent or more of
their sign copy area. All nonconforming signs shall be required to
be in compliances with the provisions of Article 8, and the signage
provisions of the Gateway Corridor Standards Ordinance, by April
16, 2012.
(Ord. No. 2009-04; § 2, 4-16-2009)
3.
Nonconforming Vehicle Use Areas
a.
A vehicle use area is any portion of a development site
used for circulation, parking and/or display of motorized
vehicles except junk or automobile salvage yards.
b.
When the square footage of a vehicle use area is increased,
compliance with this Code is required as fo-llows:
(1)
Expansion by Ten Percent (10%) Or Less
When a vehicle use area is expanded by ten percent
(10%) or less, only the expansion area must be
brought into compliance with this Code.
(2)
Expansion by More than Ten Percent (10%)
When a vehicle use area is expanded by more than
ten percent (10%), the entire vehicle use area shall
be brought into compliance with this Code.
(3)
Repeated Expansions
Repeated expansions of a vehicle use area over a
period of time commencing with the effective date
of this Code shall be combined in determining
whether the above threshold has been reached.
c.
Any vehicle use area in existence on the date of enactment
of this Code which must be brought into conformity with
this Code, and which has more than the number of parking
spaces required by this Code shall be treated as, follows:
(1)
The area shall be reconfigured to comply with
requirements in this Code.
(2)
If, after the reconfiguration, a paved area or areas
that are not needed to comply with the
requirements of this Code remain, the developer
may do any one or combination of the following:
(a)
Conform the area(s) to comply with this
Code and continue to use them for parking.
(b)
Remove the paving and use as grassed
overflow parking, as additional landscaped
transitional zone or for any other purpose
consistent with the land use plan and
approved by the Development Review
Board.
13.02.00
VARIANCES
13.02.01
General
A.
Granted by the City Commission
The City Commission, after considering a recommendation by the
Planning and Land Development Regulation Commission, may grant a
variance from the strict application of this Code as indicated, provided the
following procedures are followed and findings made.
B.
Variances to Be Considered As Part of Development
Any person desiring to undertake a development activity not in
conformance with the Code may apply for a variance in conjunction with
the application for development review. The variance shall be granted or
denied in conjunction with the application for development review.
C.
Notice of Public Hearing20
Notification and advertisement of a public hearing for a variance request
shall be in accord with the requirements of this Code.
13.02.02
Limitations on Granting Variances
A.
Initial Determination
The Zoning Enforcement Officer shall first determine whether the need
for the proposed variance arises out of the land, structures, building, or
other physical or environmental conditions that are unique to the specific
property involved. The Zoning Enforcement Officer shall refer a copy of
the application to the PLDRC at least one (1) week prior to the meeting
of the PLDRC before which the application is to be heard. The PLDRC
shall recommend the following required findings based on the granting of
the variance for that site alone. If, however, the condition is common to
numerous sites so that requests for similar variances are likely to be
received, the PLDRC shall recommend to the City Commission the
required findings based on the cumulative effect of granting the variance
20
Cross-reference - Article 14, Administration and Enforcement
to all who may apply.
Under no circumstances shall the City Commission grant a variance to
permit a use not generally or by special exception permitted in this Code
or any use expressly or by implication prohibited by the terms of this
Code. Further, under no circumstance shall the PLDRC or City
Commission offer or accept any negotiation to grant a variance in
exchange for any other land use alterations on the affected parcel or any
other parcel of land.
No nonconforming use of neighboring lands, structures or buildings in
other zoning districts shall be considered grounds for the authorization of
the variance.
B.
Required Findings
The PLDRC or City Commission shall not vary the requirements of any
provision of this Code unless a positive finding, based on substantial
competent evidence, is made on each of the following:
1.
There are practical difficulties in carrying out the strict letter of
the regulation that the requested variance relates to a hardship due
to characteristics of the land and not solely on the needs of the
owner.
2.
The variance request is not based exclusively upon a desire to
reduce the cost of developing the site.
3.
The proposed variance will not substantially increase congestion
on surrounding public streets.
4.
The proposed variance will not substantially diminish property
values in, nor alter the essential character of, the area surrounding
the site.
5.
The effect of the proposed variance is in harmony with the general
intent of this Code and the specific intent of the relevant subject
area(s) of the Code.
6.
Special conditions and circumstances do not result from the
actions of the applicant.
7.
That the variance granted is the minimum variance which will
make possible the reasonable use of the land, building or structure.
The proposed variance will not create safety hazards and other
detriments to the public.
C.
Imposition of Conditions
In recommending a development approval involving a variance to the
City Commission, the PLDRC may recommend such conditions and
restrictions upon the premises benefitted by a variance as may be
necessary to allow a positive finding to be made on any of the foregoing
factors or to minimize the injurious effect of the variance. Final approval
of all variance requests shall be made by the City Commission.
D.
Record of Variances to Be Maintained
The city shall maintain a record of all variances including the justification
for their issuance and copy of the notice of the variance.
E.
Historic Properties
Notwithstanding the foregoing requirements, special variances may be
granted for the reconstruction, rehabilitation or restoration of structures
listed on, or classified as contributing to a district listed on the National
Register of Historic Places, the local register of historic places or the State
Inventory of Historic Places. The special variance shall be the minimum
necessary to protect the historic character and design of the structure. No
special variance shall be granted if the proposed construction,
rehabilitation or restoration will cause the structure to lose its historical
designation.
13.02.03
Appeals and Fees
Procedures to be followed in appealing decisions are specified in Article 14 of
this document.
Any fees imposed shall be collected at the time of application and shall be set by
the City Commission by Resolution.
13.03.00
SPECIAL EXCEPTIONS
13.03.01
General
A.
Granted by the City Commission
The PLDRC shall recommend to the City Commission those special
exceptions specifically authorized in the land use ordinance. The City
Commission cannot grant a special exception that is not included in this
Land Development Code.
B.
Written Petition, Application Procedure
A written petition for a special exception shall be submitted to the zoning
enforcement officer. The petition shall include any information or exhibits
necessary to demonstrate that the granting of a special exception will be
in harmony with the general intent and purpose of the land development
regulations and comprehensive land use plan. Such information or
exhibits may include:
1.
Site plans to scale, showing proposed placement of structures on
the property; Provisions for vehicular ingress and egress, off-street
parking and loading areas; refuse and service areas; required
yards, and other open spaces.
2.
Utilities
3.
Landscaping and buffer areas
4.
Proposed signs and lighting of signs
5.
Any additional information deemed necessary by the zoning
enforcement officer or any reviewing department officer or review
agency.
C.
The zoning enforcement officer shall refer a copy of the application to the
PLDRC at least seven (7) days prior to the meeting of the board before
which the application is to be heard. The PLDRC shall not, under any
circumstances, accept an application after the required seven (7) days.
D.
Notice of Public Hearing
Notification and advertisement of a public hearing for a special exception
request shall be in accord with the requirements of this Code.
13.03.02
Limitations on Granting Special Exceptions
A.
Conditions and Safeguards
The PLDRC may recommend to the City Commission to impose on the
grant of any special exception any conditions or safeguards not otherwise
required if deemed necessary or desirable. Violation of such conditions or
safeguards which have been approved by The City Commission shall be
deemed a violation of this article and may result in a revocation of any
special exception permit in addition to any other remedies for such
violation provided in this article or by law.
B.
Reasons for Denial
The PLDRC may recommend denial or the City Commission may deny
any application for a special exception for one (1) or more of the following
reasons.
C.
1.
It is inconsistent with the purpose of intent of this article
2.
It is inconsistent with the purpose and intent of the zoning code
3.
It is inconsistent with any element of the comprehensive land use
plan
4.
It will adversely affect the public interest
5.
It does not meet the expressed requirements of the applicable
special exception
6.
The applicant will not be able to meet all requirements imposed
by federal, state or local government.
7.
It will generate undue traffic congestion.
8.
It will create a hazard, a public nuisance, or be dangerous to
individuals or to the public.
9.
It will materially alter the character of surrounding neighborhoods,
or adversely affect the value of surrounding land, structures, or
buildings.
10.
It will adversely affect an adjoining property.
11.
It will diversely affect the natural environment, natural resources,
existing trees, or cause negative impacts with the scenic beauty of
the area.
Expiration or Abandonment of Special Exception Uses
If a special exception does not begin to serve the purpose for which it was
granted within six (6) months from the date of rendition, or if its use is
abandoned for six (6) consecutive months from the date of rendition, it
shall expire.
D.
Preservation of Uses Previously Granted Under the Terms of the Zoning
Code
A particular use of structure which was legally authorized under the terms
of the zoning code in effect at the time of the adoption of this document
which would logically be permitted as a special exception under this
article may be continued after the effective date of the Land Development
Regulations.
E.
Imposition of Conditions
In recommending a special exception to the City Commission, the
PLDRC and/or City Commission may impose such conditions and
restrictions upon the premises benefitted by the special exception as may
be necessary to allow a positive finding to be made on any of the foregoing
factors or to minimize the injurious effect of the special exception. Final
approval of all special exception requests shall be made by the City
Commission.
F.
Record of Special Exceptions to be Maintained
The City shall maintain a record of all special exceptions including the
justification for their issuance and copy of the notice of the special
exceptions.
13.03.03
Appeals and Fees
Procedures to be followed in appealing decisions are specified in Article 14 of
the document.
Any fees imposed shall be collected at the time of application and shall be set by
the City Commission by Resolution.
13.04.00
CHANGING LAND USE (REZONING)
13.04.01
General
A.
Granted by the City Commission
The City Commission, after considering a recommendation by the
Planning and Land Development Regulation Commission, may grant a
change in land use from the strict application of Article 2 of these
regulations, provided the following procedures are followed and findings
made.
B.
Property Owner Action
Any owner of property desiring a change in land use (rezoning) to the
Land Development Regulations, shall me a written petition with the city
clerk. The petition shall contain:
l.
The applicants interest in the property in question.
2.
The legal description of the property.
C.
3.
The present land use designation.
4.
The land use requested.
5.
The reason for the requested change.
6.
A map (sketch) of the property.
Notice of Public Hearing
Notification and advertisement of a public hearing for a change of land
use request shall be in accord with the requirements of this Code.
D.
Imposition of Conditions
In recommending a change in land use to the City Commission, the
PLDRC and/or City Commission may impose such conditions and
restrictions upon the premises benefitted by the change in land use as may
be necessary to allow a positive finding to be made on any of the foregoing
factors or to minimize the injurious effect of the change in land use. Final
approval of all special exception requests shall be made by the City
Commission.
E.
Record of Changes in Land Use to be Maintained
The City shall maintain a record of all changes in land use including the
justification for their issuance and copy of the notice of the change in land
use.
13.04.02
Appeals and Fees
Procedures to be followed in appealing decisions are specified in Article 14 of
the document.
Any fees imposed shall be collected at the time of application and shall be set by
the City Commission by Resolution.
ARTICLE 14
ADMINISTRATION AND ENFORCEMENT
14.00.00
PROCEDURES FOR ANNEXING LAND, CHANGES INLAND USE
(REZONING), VARIANCES, SPECIAL EXCEPTIONS, FINAL REVIEW
OF DEVELOPMENT PLANS, AND AMENDING THE CODE OR THE
COMPREHENSIVE PLAN
14.00.01
General
14.00.02
State Law Controlling
14.00.03
Public Hearing Requirements
14.00.04
Public Notice Requirements
14.00.05
Decision by City Commission
14.01.00
PROCEDURE FOR APPEALING DECISIONS
14.01.01
Appeals to the City Commission
14.01.02
Notice of Appeal to the City Clerk
14.01.03
Appellate Hearing by the City Commission
14.02.00
ENFORCEMENT OF PERMITS AND ORDERS
14.02.01
Definitions
14.02.02
Continuing Inspections
14.02.03
Application for Certificate of Acceptance or Occupancy
ARTICLE 14
ADMINISTRATION AND ENFORCEMENT
14.00.00
PROCEDURES FOR ANNEXING LAND, CHANGES IN LAND USE
(REZONING), VARIANCES, SPECIAL EXCEPTIONS, FINAL REVIEW
FOR DEVELOPMENT PLANS, AND AMENDING THE CODE OR
AMENDING THE COMPREHENSIVE PLAN
14.00.01
General
The procedures in this part shall be followed in annexing land, changes in land use,
variances, special exceptions, final review for development plans, and amending
this Code and the Comprehensive Plan. This part supplements the mandatory
requirements of state law, which must be adhered to in all respects.
14.00.02
A.
Any person, board, or agency may apply to the City to annex land, change
in land use, for a variance, special exception, or for final review of
development plans, to amend this Code, or to amend the Comprehensive
plan in compliance with procedures prescribed herein. At a minimum the
applicant is required to identify any provisions of the Code, Comprehensive
Plan, or other law relating to the proposed changes and describe how the
proposal relates to them.
B.
Applications or code to annex land, to change land use, for a variance, or a
special exception, or for final review of development plans, to amend the
Comprehensive Plan shall be reviewed in a public hearing before the
PLORC, and the City Commission.
C.
All requests to annex land, to change land use, for a variance, special
exception, or for final review of development plans, to amend the
Comprehensive Plan, or the Code shall be evaluated to ensure that all
requirements of this Code have been met, including specific evaluation
criteria such as a Concurrency Verification Letter.
State Law Controlling
The procedures in this part shall be followed in annexing land, changing land use,
variances, special exceptions, review of development plans, amending this Code,
and the Comprehensive Plan. This part supplements the mandatory requirements of
state law, which must be adhered to in all respects.
14.00.03
Public Hearing Requirements
The public hearing shall, at a minimum:
14.00.04
A.
Comply with the requirements of Florida Statutes and this Code.
B.
Present the PLDRC's analysis and recommended action on the proposed
decision.
C.
Present summary of reports by other agencies.
D.
Permit any person to submit written recommendations and comments
before or during the hearing.
E.
Permit a reasonable opportunity for interested persons to make oral
statements.
Public Notice Requirements
A.
The City of Lake Helen shall comply with all provisions of the Florida
Statutes relating to required publication of notice for various legislative,
quasi-judicial and administrative actions of the City relating to land use
decisions to include, but not be limited to, annexations, Comprehensive
Plan amendments, rezonings, special exceptions and variances, and the
enactment of ordinances and the consideration of development orders and
development permits as such terms are defined in State law.
B.
All provisions of any ordinance of the City of Lake Helen and all provisions
of the Code of Ordinances of the City of Lake Helen to the contrary
notwithstanding, the provisions of this section shall apply and control as to
public notice provisions applicable to the actions of the City of Lake Helen
relating to land use decisions.
C.
Comprehensive Plan proposed amendment notification and advertisement
for a public hearing shall be in accordance with Chapter 163, Part II and
Chapter 171, Florida Statutes.
D.
Annexation, change in land use, variance, special exception, final review of
development plans, code amendment notification, and advertisement for a
public hearing shall be in accord with the requirements of Florida Statutes
and with this Code in accordance with the following:
“Due public notice”, as used in connection with the phrase “public hearing”
or “hearing with due public notice”, involves the following requirements:
1.
Requirements prior to granting a property owner a public hearing
before the PLDRC for which procedures are not governed by state
law or provided elsewhere in this Code:
a.
Written Petition and Payment of Fees. The property owner,
or his designate agent, shall submit his proposal in writing to
the PLDRC, accompanied by all information necessary for
proper consideration of the matter and payment of all fees
and charges as have been established by the City
Commission. No petition shall be processed by the City until
such fees and charges have been paid.
b.
Legal Notices:
(1)
(2)
Responsibilities of the city:
(a)
Notice to Newspaper: The City shall publish
notice of public hearing indicating time,
place, and purpose of such hearing in a
newspaper of general circulation in the City
at least fourteen (14) days in advance of the
public hearing, or as may be required or
allowed by state law.
(b)
Notice to Applicant: The City Clerk shall
provide written notice of time and the place
of the public hearing by the appropriate board
which the owner of the subject property, or
his designated agent, must obtain, and sign
acknowledging receipt of, at least fourteen
(14) days in advance of the public hearing.
Responsibilities of the applicant:
(a)
Notice to Applicant: The applicant, or his
designated agent, shall obtain from the City,
and sign acknowledging receipt of, the
written notice of public hearing at least
fourteen (14) days prior to the public hearing.
(b)
Notice to Surrounding Property Owners: In
addition to publication of notice as may be
required by law when any quasi-judicial land
use decision will be heard by either the City
Commission or the Planning and Land
Development Regulation Commission, the
applicant for the land use approval or the
appellant of a land use decision shall, at least
fourteen (14) days in advance of the hearing,
provide written notice to all property owners
located within three hundred feet (300') of
any property boundary of the property which
is the subject of the decision that will be made
by the City Commission or the Planning and
land Development Regulation Commission.
Such written notification shall be
accomplished by means of certified mail,
return receipt requested.
(c)
For the purpose of this requirement, the
correct names and address of property
owners shall be deemed those appearing on
the most current property tax rolls of Volusia
County.
(d)
Notice Posted on Subject Property: The
applicant or appellant, as the case may be,
shall post the property which is the subject of
the decision that will be made by the City
Commission or the Planning and Land
Development Regulation Commission by
means of a placard provided by the City. The
applicant or appellant shall provide an
affidavit to the City attesting to the fact that
the posting occurred no less than twenty (20)
and no more than thirty (30) days prior to the
public hearing or meeting for which the
posting occurred. The affidavit shall, at a
minimum, provide the date of the posting, the
name of the person accomplishing the
posting and shall be accompanied by a
photograph of the placard, as posted, which
photograph clearly shows the location on the
property at which the placard was posted.
(e).
All costs of publishing or posting notice as
set forth in this article shall be borne by the
applicant or appellant as the case may be.
(f).
If the City Commission determines that it is
in the public interest, it may waive the
mailing and placard notice provisions of this
section with regard to voluntary annexations.
2.
Notification and advertisement for administrative actions initiated
by the City shall be governed by Florida Statutes.
3.
Requirements prior to the granting of a public hearing before the
City Commission shall be as provided for by the Florida Statutes
and this Code.
E.
Appearance at a public hearing or meeting relating to a land use decision
shall disqualify a person from asserting a failure of notice and no such
assertion of a lack of notice shall be considered upon such appearance.
(Ord. No. 2005-09; § 1, 10-6-2005)
14.00.05
Decision by City Commission
After the public hearing of the PLDRC, their recommendation shall be forwarded
to the City commission. The City Commission shall hold a public hearing on the
proposed amendment and may enact or reject the proposal, or enact a modified
proposal that is within the scope of matters considered in the hearing.
14.01.00
PROCEDURE FOR APPEALING DECISIONS
14.01.01
Appeals to the City Commission
Any person or persons, jointly or severally adversely affected by a decision of any
officer, administrative official, committee and/or board may appeal a final decision
to the City Commission unless otherwise indicated in this Code Appeals are made
to the City Commission by filing a notice of appeal with the City Clerk within thirty
(30) days of the decision.
14.01.02
Notice of Appeal to the City Clerk
The notice of appeal shall contain:
14.01.03
A.
A statement of the decision to be reviewed, and the date of the decision.
B.
A statement of the interest of the person seeking review.
C.
The specific error alleged as the grounds of the appeal.
Appellate Hearing by the City Commission
When a decision is appealed to the City Commission, the Commission shall conduct
the hearing in compliance with the following procedures as supplemented where
necessary:
A.
Scope of Review
1.
The City Commission shall set a reasonable time for hearing the
appeal
2.
The City shall require proper advertised notice thereof, as well as
notice to property owners in accordance with this Code
3.
B.
The City Commission shall have the authority to review questions
of law, including interpretations of this Code, and any constitution,
ordinance, statute, law, or other rule or regulation of binding legal
force.
Authority of the City Commission during an Appeal
The City Commission shall have the authority:
C.
1.
To request briefs to be filed on behalf of any party and prescribe
filing and service requirements.
2.
To hear oral argument on behalf of any party.
3.
To adjourn, continue, or grant extensions of time for compliance
with these rules, either on their own motion or upon application of
the party, provided no requirement of law is violated.
4.
To dispose of procedural requests or similar matters including
motions to amend and motions to consolidate.
5.
To keep a record of all persons requesting notice of the decision in
each case.
Decision of the City Commission and Final Action
1.
City Commissioners shall be ruled by the Conflict of Interest
requirement as established by the Sunshine Laws and Florida
Statutes.
2.
No officer or employee of the City who has a financial or other
private interest in a proposal shall participate in discussions with or
give an official opinion to the hearing body on the proposal without
first declaring for the record the nature and extent of the interest.
3.
The City Commission must affirm, reverse, or remand each
contested decision.
4.
When the Commission affirms or reverses a contested decision
pertaining to a final action of a decision-maker, that action shall be
deemed to be the final action and be subject to no further review
under this Code.
5.
When the Commission finds any decision to be in error, that
decision shall be referred back to the decision-maker for
reconsideration in light of the Commission's opinion.
14.02.00
ENFORCEMENT OF PERMITS AND ORDERS
14.02.01
Definitions
A.
Minor Deviations
A minor deviation is a deviation from a Final Development Plan that falls
within the following limits and that is necessary in light of technical or
engineering considerations first discovered during actual development and
not reasonably anticipated during the initial approval process:
B.
1.
Alteration of the location of any road, walkway, landscaping or
structure by not more than five (5) feet.
2.
Reduction of the total amount of open space by not more than five
percent (5%), or reduction of the yard area or open space associated
with any single structure by not more than five percent (5%);
required yard area or open space to be less than that required by this
Code.
Major Deviations
Any deviation from a Development Plan that does not meet the criteria for
a Minor Deviation, as defined above, shall be considered a Major Deviation
from a Development Plan.
14.02.02
Continuing Inspections
A.
Inspection
The City shall implement a procedure for periodic inspection of
development work in progress to insure compliance with the permit which
authorized the activity.
B.
Minor Deviations
If the work is found to have one or more Minor Deviations, the appropriate
City official shall amend the Development Order to conform to actual
development, upon written notification and/or revision to the approved
plans, prepared by the professional of record. The appropriate City official
may, however, refer any Minor Deviation that significantly affects the
development's compliance with the purposes of this Code to the PLDRC for
treatment as a Major Deviation.
C.
Major Deviations
1.
2.
D.
If the work is found to have one or more Major Deviations, the
appropriate department shall:
a.
Issue a stop work order and/or refuse to allow occupancy of
all or part of the development if deemed necessary to protect
the public interest. The order shall remain in effect until the
appropriate official determines that work or occupancy may
proceed pursuant to the decision of the City Commission.
b.
Once the necessary application and information has been
filed with the PLDRC the matter will be placed on the next
agenda of the PLDRC, and will be reviewed according to the
plan review process, allowing for adequate notice, and
recommend appropriate action to be taken.
c.
Refer the matter to the Code Enforcement Officer, if it
appears that the developer has committed violations within
the jurisdiction of the Code Enforcement Board.
The PLDRC shall review the action and shall recommend to the City
Commission one of the following actions:
a.
Order the developer to bring the development into
substantial compliance (ie., having no or only Minor
Deviations) within a reasonable period of time. The
Development Order or Permit may be revoked if this order
is not complied with.
b.
Amend the Development Order or Permit to accommodate
adjustments to the development made necessary by technical
or engineering considerations first discovered during actual
development and not reasonable anticipated during the
initial approval process. Amendments shall be the minimum
necessary to overcome the difficulty, and shall be consistent
with the intent and purpose of the development approval
given and the requirements of this Code.
c.
Revoke the relevant Development Order or Permit based on
a determination that the development cannot be brought into
substantial compliance and that the Development Order or
Permit should not be amended to accommodate the
deviations.
Action of Developer after Revocation of Development Order.
After a Development Order or Permit has been revoked, development
activity shall not proceed on the site until a new Development Order or
Permit is granted in accordance with procedures for original approval.
14.02.03
Application for Certificate of Acceptance or Certificate of Occupancy.
Upon completion of work authorized by a permit or Development Order, and before
the development is occupied, the developer shall apply to the City for a Certificate
of Occupancy or Certificate of Acceptance. The appropriate official shall inspect
the work and issue the Certificate if found to be in conformity with the Permit or
Order.
ARTICLE 15
BUILDINGS AND BUILDING REGULATIONS
15.00.00
GENERAL
15.00.01
Applicability of article
15.00.02
Existing buildings
15.00.03
Building Inspector
15.00.04
Permits
15.00.05
Bonds
15.00.06
Apartments, public buildings, businesses
15.00.07
Conformance with applicable codes
15.00.08
Materials
15.00.09
Construction specifications - Footing and piers
15.00.10
Same - Joist and rafters
15.00.11
Same - Plates and partitions
15.00.12
Same - Lintel blocks
15.00.13
Same - Chimneys
15.00.14
Same - Oil and gas lines
15.00.15
Residential storm water retention
15.00.16
Reserved
15.01.00
PLUMBING
15.01.01
General requirements
15.01.02
Piping
15.01.03
Fittings
15.01.04
Installation of additional equipment when deemed necessary
15.01.05
Structural safety
15.01.06
Protection of pipes
15.01.07
Joints and connections
15.01.08
Special joints
15.01.09
Traps
15.01.10
Cleanouts
15.01.11
Hangers and supports
15.01.12
Procedure in sizing the water distribution system of a building
15.01.13
Valves
15.01.14
Vents and venting
15.02.00
ELECTRICITY
15.02.01
Conformance with applicable rules and regulations
15.02.02
Metal conduit and fittings
15.02.03
Wiring of garages, filling stations
15.02.04
Additions, remodeling and rewiring
15.02.05
Fuses
15.02.06
Main service disconnects
15.02.07
Main fuse or breaker ratings
15.02.08
Service entrance to building
15.02.09
Separate service required
15.02.10
Special utility rules
15.02.11
Wiring methods
15.02.12
Transformers, circuits, etc.
15.02.13
Requirements in multiple dwellings
15.02.14
Grounding of certain outlets and fixture boxes control of stairway lighting
15.02.15
Circuit identification
15.02.16
Electric range and water heater wiring
15.02.17
Wiring standards
15.03.00
FREESTANDING WALLS OR FENCES
15.03.01
Permit required
15.03.02
Sketch to be made a part of application
15.03.03
Fee
15.03.04
Restrictions
15.04.00
PROPERTY NUMBERING
15.04.01
Definitions
15.04.02
Purpose
15.04.03
Compliance
15.04.04
Building, property numbering established: incorporation of map
15.04.05
Administration and assignment of numbers
15.04.06
Posting of numbers
15.04.07
Nonconformance
15.05.00
DEVELOPMENT FEES
15.05.01
Fees imposed
15.05.02
Units
15.05.03
Fees adjustments
15.06.00
GATEWAY CORRIDOR STANDARDS
15.06.01
Legislative findings
15.06.02
Gateway Corridors Established
15.06.03
Applicability
15.06.04
Gateway Corridor Standards/Definitions/Conflicts
15.06.05
Submittal and Approval Requirements
15.06.06
Enhanced Standards
15.06.07
Variance Procedure
15.07.00
CONDEMNATION OF BUILDINGS AND STRUCTURES
15.07.01
Legislative findings, Ordinance Number 2002-04
15.07.02
Authority to Condemn
15.07.03
Periodic Inspection of Buildings; Buildings; Notice of Condemnation; Hearing
15.07.04
Uninhabitable Buildings or Structures
15.07.05
Order of Condemnation to Owner; Repair or Removal
15.07.06
Demolition by City; Lien
15.07.07
Emergency Powers
15.07.08
Penalty for Violation
15.07.09
Appeals
ARTICLE 15
BUILDINGS AND BUILDING REGULATIONS
15.00.00
GENERAL
15.00.01
Applicability
The provisions of this Article shall apply to the construction, alteration, repair,
equipment, use and occupancy, maintenance, removal or demolition of every
building within the city.
15.00.02
Existing Buildings
If, within any period of twelve (12) months, alterations or repairs in excess of sixtyfive (65) percent of the then physical value of the building are made to any existing
building, such building shall be made to conform to the requirements of this
chapter. For the purpose of this section, physical value of the building shall be
determined by the Building Inspector, subject to review by the City Commission.
15.00.03
Building Inspector
The City Commission shall appoint a qualified Building Inspector and as many
assistants as may be necessary.
A.
Records. The Building Inspector shall keep a record in the office of the City
Clerk of all business of the office of the Building Inspector, and these
records shall be open to the public.
B.
Right of entry. The Building Inspector or his assistants may enter any
building, structure or premises in the city to perform any duty imposed upon
him in this article.
C.
Stop work orders. Upon written notice from the Building Inspector that
work is being done contrary to the provisions of this article, such work shall
be immediately ceased until this article is complied with.
D.
Unsafe buildings. All buildings or structures which are unsafe, unsanitary
or not provided with adequate ingress or egress, or constitute a fire hazard,
or dangerous to human life, safety or health shall be condemned, and shall
either be repaired in compliance with this article, or the Building Inspector
may post a notice that such building is condemned, and thereafter any
person who uses or attempts to use such building shall be punished as
provided under this article.
E.
Appeals. Whenever the Building Inspector shall reject or refuse to approve
the mode or manner of construction proposed to be followed, the owner or
his agency may appeal to the City Commission from the Building
Inspector's ruling. The City Commission, in its discretion, may overrule
the Building Inspector, or in hardship cases allow the construction to
proceed, with the modification of the article in that specific case, subject to
such remedy as any aggrieved party might have at law or in equity.
F.
15.00.04
Annual report. The Building Inspector shall make an annual report of
number of permits issued and the total cost of same to the City Commission.
Permits
Any owner or his agent or contractor who desires to construct, alter, repair, move
demolish or change the occupancy of a building, or to erect any sign extending
over a public highway or sidewalk, shall obtain a permit from the city to perform
any of the above work within the city. Application for permit shall also include:
drawings and specifications of the work to be covered by the application for
permit.
.
Limitations. Any permit shall become invalid unless the work authorized by it
shall have been commenced within six (6) months after its issuance.
15.00.05
Bonds
Any sign extending over any sidewalk or street or road, or any public entrance to
a public building, shall require a bond of ten thousand dollars ($10,000.00), to be
filed at the time of application for erection or sign to protect the public against
any injury.
15.00.06
Apartments, Public Buildings, Businesses
All apartments of more than two (2) living or housekeeping suites, all public
buildings, including churches, schools or auditoriums, all stores and public
garages shall not be constructed in the city without a plan drawn by a building
contractor, architect or equivalent and approved by the Building Inspector or City
Commission.
15.00.07
Conformance with Applicable Codes
A.
Construction of any building within the city for any occupancy purpose
whatsoever shall conform to the provisions of:
1.
2.
3.
4.
5.
The Southern Standard Building Code;
The Standard Plumbing Code;
The Standard Mechanical Code;
The National Electric Code;
Applicable Florida Statutes and this building code.
B.
15.00.08
Where conflict exists between requirements of said codes or statutes, the
more stringent shall apply.
Materials
The provisions of this article are not intended to prevent the use of any material or
method of construction not specifically prescribed by this article, provided such
alternative material or method has been approved and its use authorized by the
Building Inspector.
In addition to other material requirements, the following shall apply to all
construction in the City:
15.00.09
•
Minimum 5/8" plyboard required for sub-roofing with plyboard clips,
installed with screws.
•
No wafer board allowed.
•
Double hurricane clips are required on all trusses.
•
All roof shingles shall be installed with a minimum of six (6) nails per
shingle.
•
Wall studs shall, at a minimum, consist of 2 X 4 lumber, installed 16" on
center.
Construction specifications - Footing and piers
Footing shall be eight (8) inches deep by twenty (20) inches wide reinforced with
two (2) five-eighths inch steel rods, two (2) inches from the bottom of form and
shall be tied with wire on all single story buildings. Any building two (2) stories or
higher shall have footings designed for heavier loads and must meet standards
prescribed by the Building Inspector. Footing shall be a form footing. Piers shall be
eight (8) inches deep by twenty-four (24) inches square, reinforced with steel.
Termite shields shall be used, and comers soldered.
15.00.10
Same - Joist and rafters
All floor joist shall be two (2) inches by eight (8) inches, being sixteen (16) inches
on center. Ceiling joist shall be two (2) inches by six (6) inches, being twenty-four
(24) inches on center. Rafters shall be two (2) inches by six (6) inches, being
twenty-four (24) inches on center. All overlay and rafters shall be of sufficient
strength to carry the intended load. Engineered trusses, conforming to the building
code standards, may be used in lieu of site-built rafters. Conforming trusses may be
on twenty-four-inch centers.
15.00.11
Same - Plates and partitions
Cement construction plates shall be two (2) inches by eight (8) inches and bolted
with one-half inch bolts. Partitions, wood, shall be two (2) inches by four (4) inches,
being sixteen (16) inches on center. All two-story frame houses shall have two (2)
two (2) by four(s) (4) nailed together or one two (2) by six (6) in load bearing walls
on sixteen-inch center.
15.00.12
Same - Lintel blocks
Lintel blocks over openings to be poured cement and reinforced with five-eighths
inch steel rods.
15.00.13
Same - Chimneys
All brick or block chimneys shall have at least eight-inch flues. Factory built
chimneys shall be installed in accordance with Standard Plumbing Code.
15.00.14
Same - Oil and Gas Lines
All gas and oil lines in cement floors shall be encased in a metal conduit.
15.00.15
Residential Storm Water Retention
The provisions of this section shall apply to single-family residences only. Storm
water retention for multifamily and commercial properties is provided in Article
5.04.00.
A.
The first one inch of rainfall from each storm falling on all areas caused by
or resulting from construction shall be retained on site.
B.
Retention of rainfall on site shall be accomplished by the elevation of
property perimeters sufficient, in the judgment of the Building Inspector, to
retain one inch of rainfall.
C.
If the natural topography of the site precludes retention by elevation,
alteration of site by means of artificial drainage, approved by the Building
Inspector, shall be installed.
D.
No site alteration by elevation or artificial drainage shall allow water to
become a health hazard or contribute to the breeding of mosquitoes.
15.01.00
PLUMBING
15.01.01
General Requirements
15.01.02
A.
Water saver toilet fixtures are required.
B.
Water use restrictors must be used on all shower heads, lavatory faucets,
and sink faucets.
C.
Air conditioners or heating including heat pumps which use water as a heat
or cooling supply are not allowed. Replacement of existing units are not
allowed.
D.
No water system may be connected to the city water system and another
water system or well.
E.
Connection to the city water system will be required on all new construction
and any reconstruction of 50% or more of an existing building.
F.
Backflow preventers (check valves) are required on all inside and outside
hose bibbs and on all outside faucets. New construction must insert a
backflow preventer between the city water meter and the first water outlet.
G.
Only one dwelling unit may be connected to a water meter.
Piping
Horizontal drainage piping shall be run in practical alignment at a uniform grade.
Changes in direction in drainage piping shall be made by the appropriate use of
forty-five degree wyes, long-or-short-sweep quarter bends, sixth, eighth or
sixteenth bends or by a combination of these or equivalent fittings.
15.01.03
15.01.04
Fittings
A.
No fittings having a hub in the direction opposite to flow, nor shall the
branch, be used as a drainage fitting.
B.
No fitting or connection which offers abnormal obstruction to flow shall be
permitted.
Installation of additional equipment when deemed necessary
Wherever compliance with all the provisions of this article fails to eliminate or
alleviate a nuisance which may involve health or safety hazards, the owner or his
agent shall install such additional plumbing or drainage equipment as may be
necessary to abate such nuisance.
15.01.05
Structural safety
In the process of installing or repairing any part of a plumbing and drainage
installation, the finished floors, walls, ceilings, tile work or any other part of the
building or premises which must be changed or replaced shall be left in a safe
structural condition in accordance with the requirements of the building code or as
approved by the plumbing inspector. Workmanship shall conform to generally
accepted good practice.
15.01.06
Protection of pipes
No structural member shall be weakened or impaired by cutting, notching or
otherwise except to the extent permitted by the plumbing or Building Inspector.
Any plumbing equipment condemned by the plumbing inspector because of wear,
damage, defects or sanitary hazards shall not be reused for plumbing purposes.
Every building in which plumbing fixtures are installed shall have a connection to
a public or private sewer found to be adequate and approved by the plumbing
inspector.
15.01.07
Joints and connections
Joints and connections in the plumbing system shall be gas tight and watertight.
A.
B.
15.01.08
Types of joints
1.
Calked joints for cast-iron bell-and-spigot soil pipe shall be firmly
packed with oakum or hemp and filled with molten lead not less than
one inch deep and not to extend more than one-eighth inch below
the rim of the hub. No paint, varnish or oilier coatings shall be
permitted on the jointing material until after the joint has been
treated and approved.
2.
Threaded joints shall conform to American National Taper Pipe
thread. All burrs shall be removed. Pipe ends shall be reamed or
filled out to size of bore, and all chips shall be removed. Pipe-joint
cement and paint shall be used only on male threads.
Sewer pipe. Sewer pipe of cast iron shall be run not less than five (5) feet
outside the building. Asbestos Cement sewer pipe and clay sewer pipe may
be used the rest of the way to the septic tank. PVC pipe may be used in
accordance with the Southern Standard Plumbing Code.
Special joints
A.
Joints from copper tubing to threaded pipe shall be made by the use of brass
converter fittings. The joint between the copper pipe and the fitting shall be
properly sweated or soldered, and the connection between the threaded pipe
and the fitting shall be made with a standard pipe size screw joint.
B.
Joints at the roof and around vent pipes shall be made watertight by the use
of lead, copper, galvanized iron or other approved flashings or flashing
material. Exterior wall openings shall be made watertight.
15.01.09
15.01.10
15.01.11
Traps
A.
No trap which depends for its seal upon the action of movable parts shall be
used.
B.
Each fixture trap shall have a water seal of not less than two (2) inches and
not more than four (4) inches except where a deeper seal is required by the
plumbing inspector for special conditions.
Cleanouts
A.
A clean out shall be provided at or near the foot of each vertical waste or
soil stack if possible.
B.
Every cleanout shall be installed so that the cleanout opens in a direction
opposite to the flow of the drainage line or at a right angle thereto.
C.
Cement, plaster or any other permanent finishing material shall not be
placed over a cleanout plug or trap.
D.
A single fixture readily removable without disturbing concealed roughing
work may be accepted as a cleanout equivalent if there are no more than
two (2) ninety-degree bends on the line to be rodded.
E.
Where fixture comes in contact with wall and floors, the joint shall be
watertight.
F.
Floor outlets fixtures shall be rigidly secured to floor by screws or bolts.
G.
Fixtures having concealed slip-point connections shall be provided with an
access panel or utility space so arranged as to make the slip connections
accessible for inspection and repair.
H.
Floor drains shall be of a size to serve efficiently the purpose for which it is
intended.
Hangers and supports
A.
Piping in a plumbing system shall be installed without undue strains and
stresses, and provision shall be made for expansion, contraction and
structural settlement.
B.
Horizontal piping shall be supported at sufficiently close intervals to keep
it in alignment and prevent sagging.
15.01.12
Procedure in sizing the water distribution system of a building
The sizing of the water distribution system shall conform to good engineering
practice. Methods used to determine pipe sizes shall be as follows:
A.
All water supply lines to fixtures must be adequate in size, and the crosssectional area of any lateral, branch, service or main must be at least twenty
(20) percent of the combined sectional areas of the outlets served.
Cross Section Areas of Standard Size Screw Pipe
Diameter
Area
1/8…………………………………………………………...0.0123
¼……………………………………………………………..0.0491
3/8……………………………………………………….…..0.1104
½……………………………………………………………..0.1963
¾……………………………………………………………..0.4417
1…………………………………………………………......0.7854
1 ¼…………………………………………………………..1.227
1 ½…………………………………………………………..1.767
2……………………………………………………………..3.141
2 ½…………………………………………………………..4.908
3……………………………………………………………..7.068
3 ½…………………………………………………………..9.621
4……………………………………………………………..12.566
5……………………………………………………………..19.365
5 ½…………………………………………………………..23.758
6……………………………………………………………..28.274
6 ½…………………………………………………………..33.183
7……………………………………………………………..38.484
7 ½…………………………………………………………..44.178
8……………………………………………………………..50.265
8 ½…………………………………………………………..56.745
9……………………………………………………………..63.617
B.
15.01.13
When required by the plumbing inspector, the sizing of the water
distribution system shall be calculated by a registered mechanical engineer
or other acceptable authority.
Valves
A.
Pressure-relief valves shall be installed for all equipment used for heating
or for the storage of hot water. The rate of discharge of such a valve: shall
limit the pressure rise for any given heat input to ten (10) percent of the
pressure at which the valve is set to open.
15.01.14
B.
Combination pressure and temperature relief valves, separate pressure and
temperature relief valves or energy shut-off devices, which have been tested
and approved by or meet the specification requirements of the American
Gas Association, the Underwriters' Laboratory, Incorporated or other
recognized approval authorities, shall be considered acceptable.
C.
Temperature relief valves shall be so located in the tank as to be actuated
by the water in the top one-eighth of the tank served and in no case more
than three (3) inches away from such tank. Pressure relief valves may be
located adjacent to the equipment they serve. There shall be no check valve
or shut-off valve between a relief valve and the heater or tank on which it is
installed. All relief valves shall be piped to the outside of the building in
accordance with the Standard Plumbing Code.
D.
All storage tanks shall be equipped with adequate drain cocks.
Vents and venting
A.
Vent piping shall be of cast iron, brass, copper pipe, copper tube or
galvanized iron.
B.
No vent terminal from a drainage system shall be directly beneath any door,
window or other ventilating opening of the building.
C.
Each fixture trap shall have a protecting vent so that the developed length
shall not exceed five (5) feet, and the slope shall not exceed the diameter of
the waste arm.
D.
No plastic pipe may be used inside any building covered by this code.
E.
Polyvinyl chloride (PVC) pipe may be used in conformance with the
Standard Plumbing Code.
F.
No soil or waste stack shall be smaller than the largest horizontal branch
connected thereto except that a four (4) by three (3) W.C. connection shall
not be considered as a reduction in pipe size.
G.
When provision is made for the future installation of fixtures, those
provided for shall be considered in determining the required sizes of drain
pipes.
15.02.00
ELECTRICITY
15.02.01
Conformance with applicable rules and regulations
All electrical construction and all materials and appliances used in connection with
the installation, maintenance and operation of electrical wiring, apparatus or
equipment for light, heat, power or advertising within the limits of the city shall
conform to the rules and regulations embodied in this regulation and such as may
be adopted hereafter and shall conform with such construction and approved
methods of construction as is reasonably necessary for safety to life or property.
The regulations as laid down in the National Electrical Code, as approved by the
American Standards Associations and the National Safety Code and other
installation and safety regulations approved by the American Standards Association
shall be prima facie evidence of such approved methods as of the time such
regulations are laid down which the National Electrical Code and the National
Safety Code are, by reference, made a part hereof as fully as if herein set forth in
haec verbae.
15.02.02
Metal conduit and fittings
All metal conduit and fittings shall be of corrosion resisting metal material in
accordance with the City of Lake Helen's Electrical Code.
15.02.03
Wiring of garages, filling stations
All wiring conducting current for light, heal or power or advertising where installed
underground or under floors in any garage or filling station or other building or
structure in the city where pumps or piping systems containing gasoline or other
inflammable volatile liquids are installed or used shall have an approved covering
and, where outlet boxes or junction boxes are installed in floors or sidewalks at
such locations and containing joints in the conductors terminating in or passing
through such boxes, all such outlets or junction boxes shall be of explosion proof
construction which win prevent inflammable volatile liquids from coming in
contact with joints in wires contained in such boxes in the event of leakage or
overflow of such liquids from pumps or piping systems. A seal-off fitting shall be
installed at hath ends of every conduit entering a pump or pump island. Light
standards within twenty (20) feet of a pump or, pump island shall be considered
Class I, Division I locations. The requirements of this section are to be considered
as supplementary to the requirements of the National Code for Class I, Division I
hazardous locations.
15.02.04
Additions, remodeling and rewiring
A.
In the wiring of new buildings or the installation of new wiring in old
buildings or additions thereto or in the remodeling or alteration of old wiring
where more than fifty (50) percent of the existing wiring installation is
remodeled or changed, all wiring shall meet the present requirements of this
code.
B.
Circuit protection shall be either circuit breakers, or in the case of existing
fuse panels, nontemperable fuse bases of the proper sizes, shall be installed.
15.02.05
15.02.06
Fuses
A.
It shall be unlawful for any person to bridge a fuse, circuit breaker or switch
or fuse any conductor above its rated carrying capacity. All fuses and circuit
breakers must be plainly marked with the number of amperes it is
designated to carry.
B.
No job of wiring for light, heat, power or advertising will be accepted on a
final inspection unless the proper fuses have been installed.
Main service disconnects
A main service fused disconnect or circuit breaker of a minimum of one hundred
fifty (150) ampere capacity; one hundred ten, (110) to two hundred twenty (220)
volts must be installed and located in an outside utility room or garage or other
accessible place as near to the point of entrance of the service wires as may be
possible considering the character of the building and accessibility in case of fire
or other reasons for opening the service switch and disconnecting the premises from
the feeder mains. The height of the main switch or breaker shall not be above seven
(7) feet or less than four (4) feet from the floor.
15.02.07
Main fuse or breaker ratings
The main fuse or breaker ratings shall be no greater than the current carrying
capacity of the main service feeder which shall be a minimum of three (3) No. 2
copper wires having a solid neutral.
15.02.08
Service entrance to building
The point of the service entrance to buildings shall in each case be determined by
the power company.
15.02.09
Separate service required
Only one dwelling unit may be connected to an electrical meter.
15.02.10
Special utility rules
On all wiring installations where an increase of load is to be made, the power
company must be notified before appliances or equipment are connected, so that
proper arrangements may be made by them.
15.02.11
Wiring
A.
All meters shall be of the approved socket type, and service entrance cable
may not be used from the meter to the main disconnect switch. No meter
shall be over seven (7) feet or under five (5) feet from the grade.
B.
C.
15.02.12
Steel tube EMT shall not be used in damp locations or Class I, II and III
hazardous locations as defined in the National Electrical Code.
The use of armored cable (EX) shall not be allowed.
D.
All water meters having a gasket type connection shall be jumpered with
approved ground clamps. The service grounding conductor shall be a
minimum of No. 4 bare copper and shall be attached to cold water pipes
with an approved clamp, not to be connected to a copper pipe with soldered
fittings.
E.
When wiring for any added load is installed in a building, the service shall
also be revised and sizes increased to carry the new total load.
F.
In no case shall an electrical meter owned by the power company be allowed
to be removed or changed by anyone other than a representative of the
power company or by permission from said representative.
G.
No aluminum wire is allowed.
H.
At a minimum, No. 12 wire is to be used on all electrical installations in the
City.
Transformers, circuits, etc.
A.
Sign transformers shall not be placed in unfinished attic spaces. Drain holes
shall be provided in metal transformer boxes and when exposed to the
weather, the boxes shall be reamed or otherwise trimmed to remove burrs
or rims that would hold water in the enclosures. If mounted on the roof, the
transformer enclosure shall be elevated at least two (2) inches above the
roof. Wood shall not be used to mount or elevate the transformer enclosure.
The transformer shall be rigidly fastened to the metal enclosure.
B.
Every kitchen shall have a minimum of one applicant outlet wired with No.
12 wire.
C.
Each of the appliance circuits shall be entirely by themselves. No other
outlets shall be on these circuits.
D.
Automatic washers and dryers shall be grounded.
E.
Dishwater, garbage disposals and all water pump systems shall be on
separate circuits.
F.
The utility room or garage or laundry room must be on a separate circuit
with no smaller than No. 12 wire. Kitchen, bathroom, laundry, utility room,
garage and other lights within six (6) feet of water connection or plumbing
fixtures shall be controlled by a wall switch.
15.02.13
15.02.14
G.
Light outlets in clothes closets shall be installed on the ceiling or over the
door. Receptacles no higher than one foot from the floor will be permitted
in clothes closets for the use of approved mildew lights or heaters.
H.
Inaccessible junction boxes shall not be installed.
I.
Branch circuits shall conform to the National Electric Code, Article 210.
J.
Branch circuits in all installations feeding all outlets shall not be smaller
than No. 12 B & S gauge copper wire.
Requirements in multiple dwellings
A.
On new buildings and rewired buildings, no branch circuit shall be
connected to serve more than one apartment. Distribution panels shall be
located in the apartment they serve or in a public space. In residences, panels
shall not be located in clothes closets or in any location in which
maintenance would be performed from a damp or wet area.
B.
Attic fans
1.
Attic fans shall be on a separate circuit run directly from the panel
to the fan switch.
2.
Attic fans shall have fusible links on louver controls to close
louvers in the event of a fire
C.
Control equipment for oil burners shall be located on the wall nearest to the
latch side of the door opening to the room. All furnace wiring shall be on a
separate circuit and so marked in the fuse or breaker panel.
D.
Each window type air-conditioning unit shall be connected to a separate
circuit using wires not smaller than No. 12 and shall be grounded.
E.
The number of conductors in a box shall be determined by the latest edition
of the National Electrical Code "shallow ceiling pans" of one-half inches
deep or less shall not be approved.
Grounding of certain outlets and fixture boxes control of stairway lighting
A.
All outlets and fixture boxes within six (6) feet of water pipes or in contact
with a conduction type of insulation shall be grounded.
B.
Stairway lighting shall be controlled by three (3) or four (4) switches located
at the top and the bottom of the stairway except in multiple dwellings or
apartments or other public buildings where the stair lighting is controlled
on special hall, corridor or house circuits.
15.02.15
15.02.16
Circuit identification
A.
The contractor shall identify all branch circuits at the panel showing the
outlets so served before called for final inspection.
B.
Subfeeder conductors to subpanels shall be protected at the origin point of
the subfeed for the maximum current carrying capacity of the subfeed
conductors. The subfeed conductors shall be sized to meet the current
consuming capacity of the connected load which shall be calculated as
follows: The indicated load, based on two hundred (200) watts per current
consuming outlet plus the actual name place wattage for direct connected
loads plus the maximum wattage for special purpose outlets.
Electric range and water heater wiring
A.
All electric water heaters or other heating appliances, up to and including
one thousand six hundred fifty (1,650) watts, may be connected one hundred
ten (110) volts, single-phase. Electric water heaters or other heating
appliances over one thousand six hundred fifty (1,650) watts are to be
connected to two hundred twenty (220) volts with no smaller than No. 12
wire.
B.
All electric ranges shall be connected to one hundred ten (110) to two
hundred twenty (220) volts, three-wire, no smaller than No. 8 wire and shall
be fused at the panel.
15.03.00
FREESTANDING WALLS OR FENCES
15.03.01
Permit required
Any person, firm or organization desiring to erect, construct, replace, reconstruct
or alter any freestanding wall or fence shall first obtain a permit from the city
building department before commencing such work. (See Article 7, Sec. 7.01.05
for specifics.)
15.03.02
Sketch to be made a part of application
An attached sketch covering details of the proposed work shall be made part of the
permit application. Official applications may be obtained at the office of the City
Clerk.
15.03.03
Fee
Before a permit is issued for the work reflected in the application, a fee of shall be
paid by the applicant.
15.03.04
Restrictions
See Article 7.
15.04.00
PROPERTY NUMBERING
15.04.01
Definitions
For the purpose of this article, the following terms, phrases and words shall be
defined as follows:
Accessory building means a building which is clearly incidental or subordinate to
and customarily utilized in connection with a principal building located on the same
lot.
Building front means that area of a building which faces the public or private way
pursuant to which the building is numbered.
Grid system means a series of designated north/south parallel lines intersecting a
second set of east/west parallel lines within a one square mile area (i.e., "section"),
as indicated on the official property numbering maps.
Numbering system means a uniform method of assigning and coordinating the
addresses of buildings and properties based on a designated grid system contained
in the official property numbering maps.
Occupant means any person, firm, entity, partnership, trust, corporation,
association or other organization who is occupying or leasing a building or other
property for a period exceeding thirty (30) days.
Owner means any and all persons, firms, entities, partnerships, trusts, corporations,
associations or other organizations who own the fee title to, or have an undivided
interest in, any building or property.
Principal building means any structure which is designed, built or used for the
support, enclosure, shelter or protection of persons, animals, chattels or property of
any kind for any residential, commercial or industrial purpose.
Private way means any officially named thoroughfare used for vehicular traffic
which is not included in the definition of "public way" and which is not maintained
by the city. This term shall include, but is not limited to, roadways or driveways in
apartment, condominium, commercial or industrial complexes which have been
named and signed in accordance with Florida Statutes, section 316.077 (State
Uniform Traffic Law).
Public way means that area of an officially named public road or right-of-way,
either paved or unpaved, which is intended for vehicular traffic excluding service
entrances or driveways.
15.04.02
Purpose
This section is for the purpose of providing a uniform numbering system for the
assignment of address numbers to buildings with access from officially named
public and private ways in the city in the interest of the public health, safety and
general welfare of the citizens and inhabitants of the city.
15.04.03
Compliance
Any person, firm, entity, partnership, trust, corporation, association or other
organization failing to comply with the provisions of this article within thirty (30)
days of notification of an initial assignment of a building (address) number or a
change of address shall be guilty of a misdemeanor and punishable as provided by
law.
15.04.04
Building, property numbering established; incorporation of map
A uniform system of numbering buildings, as shown on the maps identified by the
title, "Property Numbering Maps," and filed in the office of the City Clerk, is hereby
adopted for the city. These maps and all explanatory matter thereon are hereby
adopted, incorporated herein by reference and made a part of this article.
15.04.05
Administration and assignment of numbers
A.
The City Clerk shall be responsible for coordinating and maintaining the
numbering system established by this article and shall issue building
numbers in conformity with the uniform numbering system established in
the preceding section. Should an existing building have, exhibit or be
addressed by a number in conflict with the uniform numbering system, the
City Clerk shall give notice to those owners or occupants whose building
number is in conflict with the uniform numbering system. Such, notice shall
be delivered to the owner and occupant by 1) certified mail, return receipt
requested, 2) by posting same in a conspicuous place on the building or 3)
by hand delivery. The notice shall include a notification of a change of
address which shall contain the new building number(s) assigned to the
building in accordance with the provisions of this article and shall direct the
owner or the occupant to post the new number on said building or property
in accordance with Section 15.04.06 of this article.
B.
The assignment by the City Clerk and posting by the owner or occupant of
the assigned number shall be a condition precedent to the issuance of a
building permit for any such building.
C.
15.04.06
The City Clerk shall duly record and keep records of all numbers assigned
under this section.
Posting of numbers
All buildings shall have its assignee building number properly displayed whether
or not mail is delivered to such building or property. It shall be the duty of the
owners and occupants of each building to post the assigned building number on the
property in the following manner:
15.04.07
A.
The building (address) number shall be affixed to the front of the building
or to a separate structure in front of the building (such as a mailbox, post,
wall, fence, etc.) in such a manner so as to be clearly visible and legible
from the public or private way on which the building fronts.
B.
Numerals shall be Arabic and shall not be less than three (3) inches in height
and one-half inch in width.
C.
The numerals shall be of a contrasting color with the immediate background
of the building or structure on which such numerals are affixed.
Nonconformance
If the number, posting or methods of numbering do not conform with the city's grid
system and the uniform numbering system, the City Clerk shall give notice of such
nonconformance to the owners or occupants of the affected building or property.
Nonconformance includes, but is not limited to, a number out of sequence, odd or
even number on the wrong side of the street and rural box numbers. Such notice
shall be delivered by:
A.
B.
C.
certified mail, return receipt requested,
by posting said notice in a conspicuous place on the building or
hand delivery.
The notice shall include a notification of a "change of address" which shall contain
the new building number(s) assigned to the building or property in accordance with
the provisions of this article. Such notice shall further direct the owner or the
occupant to post the new number(s) contained in the change of address on the said
building or property in accordance with section 15.04.06 of this article.
15.05.00
DEVELOPMENT FEES
15.05.01
Fees imposed
A.
Development Fee, Water
1.
There is hereby imposed a development fee based on the equitable
portion of the cost of financing the expansion of the city's water
system. This fee shall be based upon the equivalent single-family
residential unit responsible for creating the need for additional
system financing.
a.
The development fee shall be set each year by the City
Commission.
b.
For commercial and industrial accounts, each account will
be considered to comprise multiple, single-family
residential units based on the use of one (1) water meter of
adequate size. Meter sizes and equivalent units shall be as
follows:
Meter Size
Equivalent Units
5/8 inch…………………………………………......1.0
1 inch………………………………………………..2.5
1 ½ inch……………………………………………..3.3
2 inch………………………………………………..6.6
3 inch……………………………………………….10.0
4 inch……………………………………………….16.6
6 inch ……………………………………………...31.6
Equivalent units for meter sizes in excess of six (6) inches
will be established, if necessary, by the city's consulting
engineers. The total for services shall be determined by the
computation as set forth above. The above equivalent units
figure is for the computation of the development fee only and
does not establish the number of units properly served by a
particular meter size.
c.
Each additional equivalent single-family residential unit,
occasioned by changes in property usage subsequent to the
effective date of this article, shall be subject to a
development fee computed in accordance with whichever of
the foregoing criteria is applicable.
d.
Base fee for commercial construction building-size of one
thousand five hundred (1,500) square feet or less or fiveeighths-inch meter size. The base fee for the commercial
construction building size of more than one thousand five
hundred (1,500) square feet is a one-inch meter size.
e.
In order to provide fire-fighting service through water supply
mains, all new construction is subject to applicable fees,
whether said construction is connected to the city's water
system or not unless specifically exempted by action of the
City Commission.
2.
The above and foregoing fee shall be imposed on every equivalent
single- family residential unit in areas served by the existing water
system; as well as those units that will be on any extension of the
water system. The amount of the-development fee shall be reviewed
by the City Commission in March of every year in order to
determine if the current fee is an appropriate amount.
3.
Time of payment. This development fee shall be due and payable at
the time of issuance of a building permit by the city.
4.
Definitions. For the purposes of this article, the following words
shall have the meanings indicated unless their context clearly
requires otherwise:
a.
Combination accounts. Accounts that contain both
residential and commercial facilities served through a
common meter may be treated as either residential or
nonresidential whichever method of computation results in
the larger number of equivalent living units.
b.
Commercial and industrial accounts. All other types of
accounts not previously defined as an equivalent singlefamily residential unit will, for the purpose of establishing
the applicable development fee, will be considered to be
comprised of multiple, single-family residential unit
equivalents based on the use of one (1) water meter of
adequate size. The development fee shall be computed by
multiplying the number of equivalent units by the singlefamily residential unit charge.
c.
Equivalent single-family residential unit
(1)
Each single-family residence served by the city
through the water meter will constitute one (1)
equivalent single-family residential unit.
(2)
Each residential room, combination of rooms or
prepared mobile home space that includes
connection points for water service that is owneroccupied, offered separately for rent as a rental unit
or vacant will constitute one (1) equivalent singlefamily residential unit. Multi-unit apartments,
condominiums, hotels, motels and similar multi-unit
residential structures or complexes are defined to
consist of multiple, single-family residential units
regardless of whether or not a single water
connection serves the entire complex. The
development fee on this type of units will be
measured by the number of residential units and not
be the water meter size except for combination
account situations at the city's discretion.
B.
Development fee, roads and streets
There is hereby imposed a development fee based on the equitable portion
of the cost of financing the construction and maintenance of the city's roads
and streets affected by the development of real properties within the city.
Said fee is hereby established each year by the City Commission. This
development fee shall be due and payable at the time of issuance of a
building permit by the city.
C.
Development fee, city government
There is hereby imposed a development fee on the equitable portion of the
cost of financing the additional requirements for physical plant and
equipment necessitated by new development within the city. Said fee is
established each year by the City Commission. This development fee shall
be due and payable at the time of issuance of a building permit by the city.
D.
Development fee, law enforcement
There is hereby imposed a development fee on the equitable portion of the
cost of financing additional equipment requirements necessitated by new
development within the city. Said fee is established each year by the City
Commission. This development fee shall be due and payable at the time of
issuance of a building permit by the city.
E.
Development fee, parks and recreation
There is hereby imposed a development fee on the equitable portion of
providing additional recreational area and equipment necessitated by new
development within the city. Said fee is established each year by the City
Commission. This development fee shall be due and payable at the time of
issuance of a building permit by the city.
15.05.02
Units
A.
Definitions
1.
2.
3.
4.
5.
15.05.03
Single-family residence…………………………...………….1 unit
Duplex or two-family residence………………..……………2 units
Apartment House……………………………...1 unit per apartment
Motel…………………………………………….1 unit per 4 rooms
(no recreation unit charge)
Commercial
a. service station………………….. 2 units except 1 recreation unit
b. grocery or convenience store…....3 units except 1 recreation unit
c. restaurant or bar………………....3 units except 1 recreation unit
d. others:
up to 1,500 sq ft……………………………………....1 unit
1,501-10,000 sq feet……….2 units except 1 recreation unit
Over 10,000 sq feet……...…3 units except 1 recreation unit
Fees adjustments
Development fees shall be adjusted in accordance with the following schedule
unless otherwise provided for in this article.
A.
B.
Development fee, water: Annually in March.
Development fee, roads and streets: Annually in March by the amount equal
to the percentage of change in Volusia County's paving contract times the
cost of three hundred thousand dollars ($300,000.00) divided by eight
hundred eight (808).
C.
Development fee, City government; development fee, law enforcement and
development fee, parks and recreation: Reviewed by the City Commission
in March of every even-numbered year to determine if the current fee is an
appropriate amount.
15.06.00
GATEWAY CORRIDOR STANDARDS
15.06.01
Legislative findings
A.
Legislative findings (Whereas clauses), Ordinance 2001-03.
WHEREAS, the intent and purpose of the City of Lake Helen's Land
Development Regulations is to protect the health, safety, and welfare of the
citizens of Lake Helen; and
WHEREAS, the City of Lake Helen is primarily a residential
community with a significant historical district and traditional residential
nature; and
WHEREAS, the City Commission of Lake Helen, Florida, has been
made aware of significant development pressures that would jeopardize the
public interest of the citizens of Lake Helen and would not be conducive to
sound growth management practices and principles; and
WHEREAS, the existing land development regulations of the City
within the Gateway Corridors are insufficient to properly regulate and
control potential development and to preserve the historic ambiance of the
City and the prevailing lifestyle of its citizens; and
WHEREAS, sound development within the Gateway Corridors can
be attained by applying sound growth management principles and enacting
appropriate land development regulations and other regulatory provisions
tailored to the needs and goals, policies and objectives of the City of Lake
Helen and its citizens; and
WHEREAS, the City Commission of Lake Helen wishes to protect
designated areas in the City by ensuring quality development in a manner
that reflects highly upon the City and enhances property values within the
City; and
WHEREAS, these designated boundary areas (Exhibit "A" to this
Ordinance) are Gateway Corridors into the City and development along the
Gateway Corridors should instill a positive impression on those traversing
Lake Helen roadways; and
WHEREAS, the City Commission of Lake Helen wishes to preserve
the historic ambiance of the City and prevailing lifestyle of its citizens; and
WHEREAS, the Lake Helen Comprehensive Plan and the City's
land development regulations currently enforced are inadequate to ensure
quality development essential for the preservation of the prevailing
lifestyle; and
WHEREAS, it is necessary to thoughtfully and properly plan for the
development of properties in the designated Lake Helen Gateway
Corridors; and
WHEREAS, it is necessary to rewrite and revise the Code of
Ordinances of the City of Lake Helen specific to the development of
properties within the designated Lake Helen Gateway Corridors.
(Ord. No. 2001-03, §1, 5-17-2001)
B.
Lake Helen's Gateway Corridors serve as primary entrances to the City and,
as such, provide the first impressions of the City for visitors and maintain
the cultural and historical ambiance desired by the citizens of the City of
Lake Helen. The purpose of the standards and guidelines set forth in this
article is to contribute to the development of a well-planned urban
environment by fostering the creation of visually compatible and
harmonious development within the City's Gateway Corridors the benefits
of which will be spread over the City as a whole and be shared by existing
and future residents of the City. It is, therefore, the intent of this article to:
1.
promote, protect and maintain the City's historic character and
small-town atmosphere;
2.
create and maintain a strong community image, identity and sense
of place;
3.
create and maintain a positive visual ambiance for the community;
4.
provide for well-landscaped, scenic gateways to the City;
5.
enhance and sustain property values;
6.
promote a high degree of compatibility between surrounding
structures and land uses;
7.
establish and promote a standard for quality design and enduring
quality development;
8.
provide for traffic circulation patterns that enhance public safety,
roadway capacity, vehicular and non-vehicular movement
functions; and
9.
foster civic pride and community spirit by maximizing the positive
impact of quality development.
(Ord. No. 2001-03, §1, 5-17-2001)
15.06.02
Gateway Corridors Established
A.
The boundary area depicted on the attached geographical location map
(Exhibit “A”) hereby establishes the Gateway Corridors of the City of Lake
Helen, Florida.
B.
Exhibit “A” to this Article is hereby made a part of this Article.
(Ord. 2001-03, §2, 5-17-2001)
15.06.03
Applicability
A.
The provisions of this article apply to all construction within the Gateway
Corridors except for:
1.
Work determined by the City to be routine maintenance.
2.
Reconstruction or replacement of a single-family residence, that was
existing on May 17, 2001, that has been damaged or destroyed by
fire, wind, hurricane or such other act of God or as the result of an
act not attributable to the owner, the owner's agents or employees,
or an occupant of the residence who resides at the residence with the
consent of the owner.
3.
Additions and renovations to a single-family residence, that was
existing on May 17, 2001, provided, however that if the owner of
such residence, the owner's agents or employees, or an occupant of
the residence who resides at the residence with the consent of the
owner causes fifty percent (50%) or more of the square footage of
the residence to be demolished, or otherwise removed, for the
purpose of constructing additions or performing exterior
renovations, then the provisions of this article shall be applied.
4.
Additions, exterior renovations, reconstruction or replacement of an
existing non-residential structure or structures not otherwise
exempted herein, where the cost of such construction does not
exceed thirty-five percent (35%) of the greater of the following:
5.
B.
a.
The most recent assessed value of the existing structure(s)
issued by the Volusia County Property Appraiser; or
b.
The appraised value of the existing structure(s) as concluded
in writing in an appraisal report provided to the City
prepared by a real property appraiser licensed to do business
in the State of Florida which appraisal report must be issued
in conformity to all professional standards pertaining to
appraisals of real property.
Additions, exterior renovations, reconstruction or replacement of an
existing non-residential structure or structures not otherwise
exempted herein, where the square footage of the structure
encompassed by such construction does not exceed thirty-five
percent (35%) of the total square footage of the structure(s).
The exemptions set forth in Subsection 15.06.03 A. shall not apply and the
provisions of this article shall be applicable if:
1.
The use of the structure(s) has ceased for a period of one hundred
eighty (180) consecutive days or more; or
2.
The cumulative additions, exterior renovations, replacement or
redevelopment initiated during any period of five (5) years meets
the thresholds set forth in either Subsections 15.06.03 A. 4. or
15.06.03 A. 5.
C.
This article shall apply to any development of property which is contiguous
to property within a Gateway Corridor that is under common ownership,
partial common ownership, or was under common or partial common
ownership in the property's chain of title with the owner or owners of the
contiguous property located within the Gateway Corridor.
(Ord. 2001-03, §3, 5-17-2001)
15.06.04
Gateway Corridor Standards/Definitions/Conflicts
A.
The following are the definitions applicable to this article:
Base Standards consist of existing, or hereafter amended, developmentrelated standards contained in the Code of Ordinances of the City Lake
Helen.
Enhanced Standards consist of the development standards hereafter set
forth in this Ordinance.
Gateway Corridor Standards consist of the Base Standards and the
Enhanced Standards.
B.
In case of a conflict in the applicability between Base Standards and
Enhanced Standards, the Enhanced Standards shall apply; provided
however, that if a conflict exists between Base Standards pertaining to
historic preservation and the Enhanced Standards, the Base Standards shall
apply.
(Ord. 2001-03, §4, 5-17-2001)
15.06.05
Submittal and Approval Requirements
A.
Submission and approval of development plans and building permit
applications for construction within Gateway Corridors shall conform to the
Code of Ordinances of the City of Lake Helen. Additionally, architectural
drawings (complete front, sides and rear elevations and overhead view of
roof) of all structures shall be submitted as an exhibit to any site plan
submitted for review and approval. Such drawings shall be rendered in color
and shall include exterior construction material specifications, color charts,
structure dimensions, service area and mechanical equipment locations,
outdoor storage area locations, screening devices, master signage plan,
master lighting plan, and any other information as determined necessary by
the City to ensure consistency with the provisions of this article.
B.
Final approval of all required project design submittals shall be granted by
the City as part of the development approval process which shall include,
but not be limited to, building elevations, roof type, exterior construction
materials, signage, lighting, screening, colors, landscaping and building
orientation.
(Ord. 2001-03, §5, 5-17-2001)
15.06.06
Enhanced Standards
A.
Compliance with the intent, standards and provisions of this article shall be
ensured by applying the following criteria to all buildings constructed
within the designated Gateway Corridors:
1.
Architectural style and application.
a.
Building design and construction including, but not limited
to, exterior building materials specifications, shall conform
to the Bungalow, Classical Revival, Colonial Revival,
Frame
Vernacular,
Gothic
Revival,
Italianate,
Mediterranean Revival, Queen Anne and/or Shingle
architectural styles. Other historical styles may be permitted
upon application to the City Commission where the
applicant demonstrates, and the City Commission or its
designee determines, that the utilization of such style
contributes positively to the historic character of the City and
is consistent with the intent of this article.
The aforesaid notwithstanding, should the owner of a lot or
parcel that is 2 ½ acres or greater in size, upon which an
agricultural, silvicultural or equestrian related activity is
conducted, determine that it is impractical or infeasible to
design and construct, in conformance with the aforesaid
design and construction standards, a non-residential building
that is necessary to conduct an agricultural, silvicultural or
equestrian activity, said owner may submit a proposal for
alternative construction to be reviewed by the City in
accordance with the following:
(1)
Buildings that are six hundred (600) square feet or
less in size shall be reviewed by the City
Administrator, who shall render a decision as to
whether the proposed alternative construction shall
be approved, denied or approved with modifications.
(2)
Buildings that are greater than six hundred (600)
square feet in size shall be reviewed by the Planning
and Land Development Regulation Commission at a
public hearing. The Planning and Land Development
Regulation
Commission
shall
submit its
recommendation regarding the proposed alternative
construction to the City Commission, which shall
render a final decision as to whether the proposed
alternative construction shall be approved, denied or
approved with modifications.
(Ord. No. 2007-02; § 1, 4-5-2007)
2.
b.
Selection of the appropriate historical architectural style for
any building shall consider compatibility of such style with
surrounding and nearby buildings. In locations where there
is no established architectural pattern between adjacent
structures, or where a change in established patterns will
result in improved aesthetics, the City shall determine the
appropriate style, exterior construction materials and colors
for a proposed building.
c.
Residential subdivisions shall consist of a mix of many
historical architectural styles, rather than consisting of only
one (1) or two (2) styles.
Each of the architectural
styles shall be interspersed throughout
a subdivision
and shall not be placed together in a concentrated manner.
d.
Commercial subdivisions shall conform to the residential
subdivision criteria in Subsection 15.06.06 A. 1. C. The City
Commission may consider approval of commercial
subdivisions that propose utilization of a more limited
number of architectural styles where the applicant
demonstrates and the City Commission, or its designee, finds
that such developmentis consistent with and furthers the
intent of this article.
Building orientation. Buildings shall be oriented so as to enhance
the appearance of the City's streetscape. This requirement shall be
met by incorporating the techniques set forth herein into the project
design.
a.
The building's entrance shall face parallel to the public road
from which driveway access is provided. In the event that
access is provided by two (2) or more roads, the building's
entrance shall face parallel to the road that is determined by
the City to be the major road providing such access.
b.
The side of the building along which the building's primary
public entrance is located shall be considered to be the
building's primary facade. Where, because of site constraints
or other factors, the building's primary facade is unable, or
is determined by the City as undesirable, to be oriented
parallel to the major road providing driveway access, the
side of the building that faces the major road providing
access shall be designed with full architectural treatment in
order to give the appearance that it is the primary facade.
Such treatment shall be consistent with the design
requirements of this article and shall incorporate door and
window placements, exterior architectural details, roof
design and building materials applications necessary to
replicate the appearance of a primary facade.
(Ord. No. 2002-06; § 1, 9-5-2002)
c.
The architectural treatment requirements of this article shall
also be applied to any building exterior which, by nature of
the site layout or location, is situated where it is clearly
visible from a public right of way, or public access area of an
adjoining property, unless the City approves the use of
landscaping as an alternative to the required architectural
treatments.
(Ord. No. 2002-06; § 1, 9-5-2002)
d.
Building orientation, other than for single-family residences,
shall ensure that service areas are placed out of view from
public rights of way, parking areas and adjacent properties.
Where, because of site constraints or other factors, service
areas cannot be so located, such areas shall be screened from
view by vegetative or structural means. Structural screening
shall be architecturally compatible with the building in
terms, style, colors, construction materials and finish.
Landscape screening shall be compatible with and integrated
into the project's landscape plan.
e.
Residential garages constructed within a subdivision
approved after May 17, 2001 shall be constructed as a side
entrance garage, or shall be constructed as a detached garage
and located to the rear of the principal building, in order to
minimize the negative aesthetic appearance of garage door
openings as they face parallel to the public street from which
driveway access is provided.
f.
Residential garages constructed in conjunction with the
construction of new residences built after May 17, 2001, on
lots or parcels lawfully in existence May 17, 2001, which are
one-half acre in size or larger and have at least one hundred
and fifty feet (150') of lot frontage, shall be constructed as a
side entrance garage or a detached garage located to the rear
of the principal building.
3.
Exterior materials and colors. Exterior building materials and
colors contribute significantly to the visual impact of a building on
a community, which, in turn, reflects upon the visual character and
quality of a community. In order to project an image of high quality
City aesthetics, exterior building materials and colors shall conform
to the following requirements:
a.
All buildings shall be faced with materials that exhibit a
durable, high quality appearance.
b.
Materials shall be of a low maintenance type, retaining a
consistent, clean appearance.
c.
Exterior building construction materials, to include, but not
be limited to, materials used in the construction of walls,
windows, roofs and doors, shall be consistent with the
architectural style of the building and shall also be consistent
on all exterior surfaces that are, or will be, exposed to the
general public. The use of metal exterior wall surface
materials, with the exception of horizontal lap siding not to
exceed ten inches (10") in width, on any exterior wall surface
shall be prohibited, except as provided for in Section
15.06.06 A. 11. a. of this article.
(Ord. No. 2002-06; § 2, 9-5-2002)
4.
d.
Exterior colors shall be consistent with colors that are
historically consistent with the architectural style of
building.
e.
Building materials and colors shall be consistent around the
entire building. Upon application, the City Commission may
grant exceptions to this requirement where the applicant
demonstrates and the City Commission, or its designee, finds
that portions of a building are not, and will not be, exposed
to view of the general public.
f.
Once final development plan approval has been granted by
the City Commission for a non-residential development, no
subsequent change in the colors or materials approved for
the principle and/or accessory structure(s) shall be made
without application to, and the approval of, the City
Commission.
Roof design and materials. Roofs are an integral part of building
design and, as such, shall be designed and constructed to
complement the character of the building. Roof design and
construction shall conform to the following requirements:
5.
6.
a.
Roofs shall be constructed of durable, high quality materials
in order to enhance the appearance and attractiveness of the
community. Roofing materials shall be similar in appearance
with materials that are historically consistent with the
architectural style of the building.
b.
The design of roof structures shall be consistent with the
architectural style of the building and shall be extended to all
sides of the structure.
c.
Roofs shall be designed to be of such height, bulk and mass
so as to appear structural even when the design is nonstructural.
Fence and wall design. Design and construction quality offences
and walls are important visual reflections of community character
and quality. Fence and wall design shall conform to the following
requirements:
a.
Fences and walls shall be designed to be consistent with the
principal structure(s). Such design shall include the use of
similar materials, colors and finishes as the principal
structure. This requirement may be modified upon
application to the City Commission where the applicant
demonstrates and the City Commission, or its designee,
determines that a change in materials, colors or finishes will
result in enhanced City aesthetics.
b.
Fences and walls shall be architecturally designed with
offsets, raised elements and landscape pockets to avoid an
expansive monolithic or monotonous appearance.
c.
Where chain link fencing is required or approved, such
fencing, shall be of the black vinyl type. Posts and rails shall
also be black. This requirement may be modified upon
application to the City Commission where the applicant
demonstrates and the City Commission, or its designee,
determines that design or location warrants the use of other
colors or finishes.
d.
Landscaped berms may be utilized in lieu of a fence or wall
where the applicant demonstrates and the City Commission,
or its designee, finds that berms will result in an equivalent
aesthetic appearance.
Landscaping. Landscaping enhances site aesthetics, increases green
space and increases oxygen output. Landscaping shall conform to
the following requirements:
a.
A buffer, at least fifty feet (50') in width, shall be provided
along the property's frontage on a Gateway Corridor with
corner lots also being considered to have frontage along any
arterial or collector road abutting the property. This
requirement may be modified upon application by the City
Commission where the applicant demonstrates and the City
Commission, or its designee, finds that: (1) the owner or
developer would be denied reasonable use of the property if
the buffer requirement was imposed; or (2) the imposition of
the buffer requirement would result in the creation of a
building setback that was not consistent with the existing
setback of the principal buildings that are located on the lots
that adjoin the lot where the construction of a new principal
building is proposed. In those cases where the buffer
requirement is modified, the modification shall be the least
amount required to provide for reasonable use of the
property, provided, however, that in no case shall the buffer
requirement be reduced to less than thirty feet (30').
(1)
The buffer shall be planted with live oak trees of a
minimum five-inch (5") diameter at breast height
(DBH), and fifteen feet (15') in height at planting,
along a line twenty feet back from the right-of-way
line. The trees shall be planted every 40 feet (40'). A
minimum of four (4) under story trees, of a minimum
two-inch (2") DBH and a minimum eight feet (8') in
height, per one hundred linear feet (100') of frontage
or fraction thereof shall be planted in and about
access points and intersections.
(2)
If a parking area, other than a single-family residence
parking area, abuts the buffer, a continuous shrub
hedge shall be arranged or planted on twenty-four
inch (24") centers, so that a height of three feet (3)
will be attained within one (1) year of planting and
so as to screen a minimum of 75 percent (75%) of the
parking area, to that height, as viewed from the rightof-way. This requirement may be modified upon
application to the City Commission where the
applicant demonstrates and the City Commission
determines that the unique features of the project site
make such requirement impracticable.
(3)
When a parking area, other than a single-family
residence parking area, abuts the buffer, a minimum
of thirty-five percent (35%) of the required buffer
area shall be covered with shrubs or groundcover in
addition to the hedge requirement. The trees shall be
placed in the groundcover beds where possible. The
planting, and seasonal renewal and maintenance, of
flowering annuals and/or perennials within the buffer
area is required.
(4)
Landscaping areas shall be provided within the
interior of the parking/vehicular use areas, other than
single-family residence parking/vehicular use areas,
to break up continuous parking spaces, reduce
surface heat and provide an aesthetically pleasing
interior environment. Such landscaping shall cover a
minimum often percent (10%) of the total off-street
parking and vehicular use area. All landscaped areas
shall be protected from vehicular damage by a raised
concrete curb of at least six inches (6") in height.
Interior parking/vehicular use areas shall be designed
utilizing the following landscaping combinations and
criteria:
(a)
Landscape
strips/divider
medians.
Landscaped strips shall be used to separate
rows of abutting parking. Where landscaped
strips are utilized, such strips shall be a
minimum width of six feet (6'). Such strips
shall be planted with shrubs, in the form of a
continuous hedge conforming to the
requirements of Section 15.06.06 A. 6. a. (2)
above, and shall contain a minimum of two
canopy trees and two (2) under story trees for
every one hundred feet (100') of length. The
canopy trees shall be a minimum of four-inch
(4") DBH and fourteen feet (14') in height at
time of planting. The under story trees shall
be a minimum of three-inch (3") DBH and
ten feet (10') in height at time of planting. The
ground area surrounding the shrubs shall be
sodded, mulched or covered with
groundcover plants and mulched.
(b)
Interior islands. Interior islands shall be used
to break up uninterrupted parking spaces. A
maximum of six (6) continuous parking
spaces shall be permitted without a
landscaped island. Interior islands not located
contiguous to a landscaped strip shall be a
minimum of two hundred (200) square feet
(10' X 20') for single parking row spaces and
four hundred (400) square feet (10' X 40') for
double parking rows. Where interior islands
are contiguous to landscaped strips, the
aforementioned square footage requirement
shall be in addition to the area required for the
landscaped strip. Islands shall be planted with
shrubs and contain a minimum of one (1)
canopy tree, four inch (4") DBH and fourteen
(14) feet in height for every two hundred
(200) square feet of area or a minimum of two
(2) under story trees of a minimum three inch
(3") DBH and ten feet (10') in height for
every two hundred (200) square feet of area.
Shrubs must provide a minimum of seventyfive percent (75%) coverage of each interior
island with shrub height not exceeding thirty
inches (30"). The ground area surrounding
the shrubs shall be mulched or covered with
groundcover plants and mulched.
(c)
Terminal islands. Terminal islands shall be
used to terminate parking bays and to
separate parking from adjacent drive aisles.
Terminal islands shall be located at the end of
each drive aisle and parking bay. A
maximum of six (6) continuous parking
spaces shall be permitted between the interior
islands and the terminal island. Terminal
islands not located contiguous to a
landscaped strip shall be a minimum of two
hundred (200) square feet (10' X 20') for
single parking row spaces, and four hundred
(400) square feet (10' X 40') for double
parking rows. Where terminal islands are
contiguous to landscaped strips, the
aforementioned square footage requirement
shall be in addition to the area required for the
landscaped strip. Islands shall be planted with
shrubs and shall contain a minimum of one
canopy tree, four-inch (4") DBH and fourteen
(14) feet (14') in height at time of planting for
every two hundred (200) square feet of area
or a minimum of two (2) under story trees of
a minimum of three inch (3") DBH and ten
feet (10') in height at time of planting for
every two hundred (200) square feet of area.
The ground area surrounding the shrubs shall
be sodded, mulched or covered with
groundcover plants and mulched. Shrubs
shall provide a minimum of seventy-five
percent (75%) coverage of terminal islands
not to exceed thirty inches (30") in height.
(5)
Perimeter landscape plantings shall be located
adjacent to the primary facade(s) and along any blank
facade wall areas that are, or will be, exposed to the
general public. Such plantings shall also be included
at entrance areas, plazas and courtyards. Perimeter
landscaping shall consist of a combination of trees,
shrubs and ground covers. Planting material type,
size and spacing shall, at a minimum, be consistent
with the standards set forth in Table 1 to this article.
(6)
Existing vegetation shall be used where possible to
meet the landscaping requirements of this article.
Xeriscaping is encouraged in order to minimize
water usage for irrigation.
(7)
With the exception of any property determined by the
City to be a single-family residential infill lot
lawfully in existence on May 17, 2001, automatic
irrigation system shall be designed and installed to
irrigate one hundred percent (100%) of the
landscaped area. Such irrigation system shall be
operated and maintained by the developer or
property owner in such a manner as to ensure
continued and appropriate irrigation to the
landscaped area in order to maintain healthy and
vibrant growth. The irrigation system shall be
equipped with a rain sensor device in order to
minimize the potential for irrigation during rain
events. Irrigation systems shall utilize reclaimed
water when such water is available to the property.
(8)
Landscaping shall be maintained in excellent
condition at all times and shall be replaced in the
event of disease or death of plant materials.
b.
(9)
Landscape materials shall be pruned only to promote
healthy, uniform, natural growth of the vegetation.
Trees and shrubs shall not be pruned severely in
order to permanently maintain growth at a reduced
height or spread. Crepe Myrtles shall be pruned only
to provide for an open growth pattern and to maintain
trunk aesthetics, not to reduce the size or increase the
number of branches. Severely pruned trees shall be
replaced by the owner upon notice by the City.
Replacement trees shall, unless otherwise approved
by the City Commission based upon the unique
features of a site, approximate the type and size of
the tree to be replaced.
(10)
Recommended plant list. Table I of this article
contains a list of plant materials approved by the City
for use in meeting the landscaping requirements of
this article. These plant materials may be
supplemented with the plant materials listed in the
Waterwise Florida Landscapes booklet, distributed
by the St. Johns River Water Management District,
or other similar publication that is distributed at a
future date by the St. Johns River Water
Management District, which document is
incorporated herein by this reference thereto.
Specified plant material sizes, heights and spreads
shall be considered minimum planting requirements.
Use of plant materials listed in the Waterwise Florida
Landscapes booklet shall be in a manner that is
consistent with the plant material sizes, heights and
spreads listed in Table 1 to this article which is
incorporated herein by this reference. Special
consideration shall be given to combining solidcolored plant materials with variegated plant
materials to add color and visual interest to the
landscape. Preparation of landscape plans shall be
coordinated with City staff and shall be subject to
approval by the City.
If for any reason an applicant for a project within a Gateway
Corridor is unable to satisfy the landscaping and tree
planting/replacement requirements of this article, or any
other provisions of the Code of Ordinances relating to tree
protection and landscaping, the applicant shall contribute
monies to the City that are equal to the value of the required
vegetation, including, but not limited to, the costs relating to
the planting of the vegetation.
7.
8.
Screening of mechanical equipment. Lack of screening or
inadequate screening of mechanical equipment can have negative
visual impacts on the City's streetscape, ambient landscape or
community image. Such impacts shall be minimized through
compliance with the following requirements:
a.
Mechanical equipment, such as air conditioning units,
heating units, satellite dishes, irrigation pumps, propane tank
displays and refilling areas, utilities lift stations and similar
equipment which is located on the ground shall be screened
from public view. Screening shall, at a minimum, be at the
same height as the equipment to be screened. Structural
screening shall be architecturally integrated into the overall
project design and shall be compatible, in terms of style,
exterior construction materials, colors, and finish with the
principle and accessory building(s). Landscaping may be
substituted for structural screening if plantings are
compatible with the landscape plan for the project and are of
such size and maturity as to be able to provide a fully opaque
screen at time of planting.
b.
Equipment and appurtenances mounted on rooftops shall be
kept to a minimum. All exposed rooftop mounted equipment
and appurtenances shall be fully screened from view from
any public right-of-way. All screening shall, at a minimum,
be at the same height as the equipment and appurtenances to
be screened. Screening shall be an integral part of the design
of the building(s) and shall be architecturally consistent with
the style, colors, exterior construction materials and finish of
the building(s).
Lighting. Lighting fixture design and placement are important
components of an attractive urban environment as well as important
to public safety. In order to enhance site aesthetics and minimize
visual distraction, yet maintain adequate public safety, project
lighting shall comply with the following requirements:
a.
An exterior building and site lighting master plan detailing
areas and structures requiring illumination, lighting fixture
styles, light source and light levels shall be included as part
of a project's site plan submittal.
b.
Lighting fixtures shall be compatible with the architectural
style of the principle and accessory building (s).
c.
Lighting of parking areas, access drives and vehicular
circulation areas shall be as follows:
d.
9.
10.
(1)
Lighting shall be consistent with historical styles
(i.e., exhibit a "gas" lamp, coach light, or similar
"look") rather than contemporary styles. Light poles
and fixtures shall not exceed twenty feet (20') in
height and shall be anodized bronze or black in color.
Should a pole other than a metal pole be used for the
mounting of lights, such pole shall be constructed so
that the exterior finish color is consistent throughout
the pole.
(2)
Light poles shall be located in, or immediately
adjacent to, landscaped strips, buffers or plant
islands.
(3)
The minimum setback of the light pole from public
rights-of-way shall be a horizontal distance of twenty
feet (20').
Ground level light fixtures shall be of the burial vault type
or shall be fully screened by landscaping materials.
Utilities. The location and aesthetic treatment of utilities is an
important factor in creating an attractive urban environment. In
order to enhance and maintain the image of quality in the Gateway
Corridors, utilities construction and placement shall comply with the
following requirements:
a.
All utility lines, whether new or relocated, shall be installed
underground.
b.
Utility conduit and utility panels/boxes shall be painted to
match the color of the building on which they are placed.
c.
Water and sewer lift stations, pump houses and similar
features shall be located at the rear of the development site
and shall be fully screened from view by structural or
vegetative means. Where screening is accomplished by
structural means, such screening shall be compatible in
design and color with the principle building.
Outdoor storage. Outdoor storage areas shall be located behind the
front facade of the main building and shall be fully screened from
view by structural means, vegetative means, or a combination of
earthen berms and vegetation. Where screening is accomplished by
structural means, the structure shall be compatible in design and
color with the principle and accessory building(s).
11.
Accessory uses and structures. Structures and uses accessory to
principal structures and uses shall be integrated into site design in a
manner such that they will not detract from site aesthetics. Such
structures and uses shall comply with the requirements listed below:
a.
Accessory structures shall be designed and constructed so as
to be compatible with the architectural design of the
principal building. Exterior finishes, colors and materials on
accessory structures shall be similar to those used on the
principal building. However, these provisions shall not apply
to any accessory structure that is:
(1)
used for agricultural purposes on property that (1) is
classified as agricultural by the Volusia County
Property Appraiser in accordance with Section
193.461 of the Florida Statutes; (2) is greater than
five (5) acres in area; (3) maintains a setback of at
least one hundred feet (100') from any property line;
and, (4) is not clearly visible from a public right of
way; or
(2)
approved by the City in accordance with the
provisions of 15.06.06 A. 1. a. of this article.
(Ord. No. 2002-06, § 3, 9-5-2002; Ord. No. 2007-02; § 2, 4-5-2007)
b.
Miscellaneous structures such as coin-operated rides and
other amusement devices shall only be permitted within the
principle building.
c.
Outdoor garden supply areas shall be screened from view
and shall be incorporated into the building architecture of the
interior principle building.
d.
Outdoor display shall be structurally integrated into the
architectural design of the principle building and located to
the side or rear of the building. Displays and sales in these
areas shall not be of a permanent nature and shall not impede
the flow of pedestrian or vehicular traffic.
e.
Site furnishings such as benches, bicycle racks, newspaper
racks, trash receptacles and similar devices shall be
compatible with the architectural design of the principle
building. Permanent shopping cart storage shall be contained
within the principle building or within an enclosed area that
is architecturally integrated into the design of the principle
and accessory building(s).
f.
12.
13.
Tent sales, boat sales, car sales, recreational vehicle sales
and similar activities shall not be permitted as an accessory
use on either a temporary, seasonal or permanent basis,
unless permitted by the City Commission as a special event
found to provide a specific public benefit.
Special building design considerations. Gas stations, power supply
facilities, commercial convenience stores, auto repair facilities and
similar uses require additional special design considerations to
integrate them into a quality community design fabric. Such
facilities shall comply with the following requirements, in addition
to the other requirements of this article:
a.
Gas stations and convenience stores shall be constructed
with a gable or hip roof design. Gas station canopies shall
be constructed with the same roof design and materials as
the main building and shall be attached to the main building.
Canopy facing and support poles shall be constructed of the
same material, or of a material that is similar in appearance,
as that of the main building facade. Canopy lighting shall be
in fully enclosed, fully recessed fixtures and shall be
designed to provide for subdued or diffused lighting under
the canopy rather than overly bright lighting designed to
draw attention to the site. Acceptability of site lighting shall
be determined by the City. Lighting from canopies shall not
spill over onto surrounding properties.
b.
Power supply facilities shall, to the fullest practical extent,
be screened from public view through use of structural or
vegetative means.
c.
Auto repair facilities shall be oriented on a site in such a
fashion that open bays are not located parallel to the primary
public road on which they are located. Facility site design
shall utilize landscaping to maximize the screening of open
bays.
d.
Projects that contain attached buildings with multiple
owners or tenants shall provide an arcaded facade treatment,
a minimum of eight feet (8') in width, to facilitate pedestrian
travel between businesses.
Special Building Size Considerations. In order to maintain the
small-town atmosphere prevalent in the City, it is necessary to place
a limitation of the square footage of buildings located within a
gateway corridor. The maximum square footage of any commercial
building, or series of commercial buildings under common
ownership, constructed within a gateway corridor east of Interstate
Highway 4 shall be fifty thousand (50,000) square feet.
14.
Signage. Signage is an integral part of the urban landscape. Effective
and coordinated management of signage can enhance the aesthetics
of a community, improve pedestrian and vehicular traffic safety,
promote quality development and minimize the adverse effects of
signage on adjacent and nearby public and private property. In order
to achieve these objectives, signage in the gateway corridors shall
conform to the following criteria:
a.
Signage shall comply with the provisions of Article 8 of the
Code of Ordinances; provided, however, that the
requirements listed in this Subsection shall also be
applicable to all signage in the gateway corridors.
b.
A master signage plan shall be submitted for each
project/development for which signage is proposed.
c.
Ground signs or wall signs, only, shall be utilized for
identification, directory or directional purposes. Ground
signs shall be constructed to be either: (1) a freestanding,
self-supporting sign resting on, or supported by, a base on
the ground, rather than by poles (commonly referred to as a
monument sign); or (2) a freestanding, self-supporting sign,
supported by poles, that replicates the appearance of
historical "period" signage. The approval of signage type by
the City shall occur as part of the development review
process on the basis of the nature and location of the project
for which signage is requested.
d.
Monument signs shall be internally illuminated. "Period"
signs may be externally illuminated so long as the light
source is fully recessed into the light fixture and screened
from view by structural or vegetative means.
e.
Ground signs shall incorporate landscaping around the base
of the signs.
f.
Residential subdivision identification entrance signs are
prohibited within the gateway corridors, with the exception
of temporary subdivision signage permitted in accordance
with Section 8.03.00 N. of the Code of Ordinances of the
City of Lake Helen.
(Ord. No. 2009-04; § 2, 4-16-2009)
g.
For the purposes of this article, corporate logos, striping and
similar identification graphics shall be considered to be
signage.
h.
Maximum signage square footage allowances, including
copy area, and setback requirements are as follows:
(1)
(2)
Residential Signage.
(a)
Single-family residential uses shall be
permitted to have a maximum of one and a
half (1 ½) square feet of signage.
(b)
Multi-family residential uses consisting of
two to four residential units shall be
permitted to have a maximum of one and a
half (1 ½) square feet of signage per
residential unit for the sole use of each
individual residential unit. Signage shall be
affixed to the wall adjacent to the entrance to
each individual residential unit.
(c)
Multi-family residential uses consisting of
greater than four residential units shall be
permitted to have a maximum of one and a
half (1 ½) square feet of wall signage per
residential unit, consistent with the
provisions of Section 15.06.06 A. 14. h.
(1)(b) above. In addition, multi-family
residential uses consisting of greater than
four residential units shall be permitted to
have a monument sign, or "period” sign, no
larger than sixteen (16) square feet in area, or
four (4) feet in height, at the entrance to the
residential complex.
Individual Commercial, Office, And Industrial
Signage (signage for individual businesses that are
not located within a shopping center, business park,
industrial park or multi-building development).
(a)
One (1) ground sign, no greater in area than
twenty (20) square feet and no greater than
five feet (5') in height, shall be permitted for
business identification purposes.
(3)
(b)
Direction signs no greater than four (4)
square feet in area, nor greater than three feet
in (3') height, shall be permitted as
determined necessary by the City for traffic
circulation purposes.
(c)
Wall signage not to exceed one and a half (1
½) square feet per linear foot of building front
footage, up to a maximum of eighty (80)
square feet, shall be permitted. Maximum
wall sign vertical dimension shall not exceed
twenty-five percent (25%) of the height of the
lowest wall of the building, or a maximum of
four feet (4') whichever is less.
(d)
Signage shall be set back a minimum of five
feet (5') from the nearest edge of the sign to
the road right-of-way and twenty-five feet
(25') to the adjacent property line.
Shopping Center Signage.
(a)
One (1) ground sign, no greater in area than
forty-eight (48) square feet on arterial
roadways or thirty-two (32) square feet on all
other roadways, and no greater than six feet
(6') in height, shall be permitted for center
and tenant identification purposes.
(b)
Wall signage for individual tenants shall be
permitted. Signage for individual tenants
shall not exceed one and a half (1 ½) square
feet per linear front footage of that portion of
the center occupied by the tenant. Maximum
vertical dimension of tenant wall signage
shall not exceed fifteen percent (15%) of the
height of the lowest wall of the building, or a
maximum of two feet (2'), whichever is less.
(c)
Signage shall be set back a minimum of five
feet (5') from the nearest edge of the sign to
the right-of-way and twenty-five feet (25') to
the adjacent property line.
(4)
(5)
Business And Industrial Park Signage.
(a)
One (1) ground sign for park identification
purposes shall be permitted for each public
right-of-way entrance to the park. Maximum
sign area shall not exceed forty-eight (48)
square feet and maximum sign height shall
not exceed six feet (6').
(b)
Individual buildings within the parks shall be
permitted to have one (1) ground sign to
identify the name and location of the
business. Such signage shall not exceed a
maximum area of forty-eight (48) square feet
or a maximum height of six feet (6').
(c)
Wall signage for identification of individual
principal buildings within the park shall be
permitted. Signage for individual principal
buildings shall not exceed one and a half (1
½) square feet per linear foot of the front of
the building, up to a maximum of one
hundred fifty (150) square feet. Maximum
vertical dimension of wall signage shall not
exceed twenty-five percent (25%) of the
height of the lowest wall of the building, up
to a maximum vertical dimension of four feet
(4').
(d)
All signage within the park, with the
exception of the sign sizes permitted in Item
(iii) above, shall be uniform from building to
building.
(e)
Signage shall be set back a minimum of five
feet (5') from the nearest edge of the sign to
the right-of-way and twenty-five feet (25') to
the adjacent property line.
Commercial, Office And Industrial Multi-tenant
Building Signage.
(a)
One (1) ground sign, no greater in area than
forty-eight (48) square feet on arterial
roadways or thirty-two (32) square feet on all
other roadways, and no greater than six feet
(6') in height, shall be permitted for building
and tenant identification purposes.
(6)
(b)
Wall signage not to exceed one and a half (1
½) square feet per linear foot of building front
footage, up to a maximum of eighty (80)
square feet, shall be permitted for building
and tenant identification purposes. Tenant
wall signage shall not exceed ten (10) square
feet per tenant. Maximum vertical dimension
of building identification wall signage shall
not exceed twenty-five percent (25%) of the
height of the lowest wall of the building, or
four feet (4'), whichever is less. Maximum
vertical dimension of tenant wall signage
shall not exceed a maximum of one and a half
(1 ½) feet.
(c)
All tenant wall signage shall be uniform
across the exterior of the building.
(d)
One (1) ground or wall directory sign shall be
permitted for each multi-tenant building.
Such sign shall not exceed twenty (20) square
feet in area, nor four feet (4') in height.
(e)
Signage shall be set back a minimum of five
feet (5') from the nearest edge of the sign to
the right-of-way and twenty-five feet 25') to
the adjacent property line.
House of Worship Signage.
(a)
One (1) ground sign, no greater in area than
forty-eight (48) square feet on arterial
roadways or thirty-two (32) square feet on all
other roadways, and no greater than six feet
(6') in height, shall be permitted for church
identification purposes.
(b)
Direction signs no greater than four (4)
square feet in area, nor greater than three feet
(3') in height, shall be permitted as
determined necessary by the City based upon
traffic circulation requirements.
(7)
15.
(c)
Wall signage for identification of individual
buildings within the house of each worship
property shall be permitted. Signage for the
principal building, or sanctuary, shall not
exceed one and a half (1 ½) square feet per
linear front footage of such building, up to a
maximum of eighty (80) square feet. Signage
for all other individual buildings shall not
exceed a maximum of twenty (20) square
feet. Maximum vertical dimension of wall
signage shall not exceed two feet (2').
(d)
One (1) ground or wall directory sign shall be
permitted for house of worship property that
contains multiple buildings. Such sign shall
not exceed twenty (20) square feet in area,
nor four feet (4') in height.
(e)
Signage shall be set back a minimum of five
feet (5') from the nearest edge of the sign to
the right-of-way and twenty-five feet (25') to
the adjacent property line.
Other Non-residential Signage.
(a)
All non-residential uses, including home
occupations, located on property assigned a
residential zoning classification or land use
designation may have one (1) wall sign for
business identification purposes. Such sign
shall be affixed to the wall of the residence,
accessory building or principal building
where the business is located and shall not
exceed one and a half (1 ½) square feet in
area.
(b)
Governmental signage and private park
facility signage shall conform to the
provisions of this article pertaining to houses
of worship.
Access Management. Access management design is important to
maintaining adequate roadway capacity, providing for public safety
and enhancing vehicular and non-vehicular movement. Access
management in the designated gateway corridors shall conform to
the following criteria:
a.
Location and design of parking areas. Parking areas may be
within the front, rear or side yards. Standard parking spaces
shall be a minimum size often feet (10') x twenty feet (20').
Up to ten percent (10%) of the required number of parking
spaces may be designated for compact vehicles and reduced
in size to nine feet (9') x eighteen feet (18'). Parking areas
shall be located, designed and visually screened/landscaped
so as to minimize potential aesthetic impacts on adjacent
property owners. Parking areas shall be located and designed
so as to maximize traffic circulation patterns and minimize
traffic hazards.
b.
In order to provide adequate pedestrian access, sidewalks
shall be provided along the rights-of-way adjacent to any
road, subdivision or principle building construction within
the gateway corridors. In addition, for commercial
developments, a clear, safe and convenient hard surfaced
pedestrian path shall be provided from the sidewalk along
the corridor right-of-way to the main entry door of each
principal building. The pedestrian path shall be functionally
delineated by using construction materials that are different
than the materials used for the construction of the parking
area (e.g., use of brick or concrete for the pedestrian access
when the parking lot is an asphalt surface). Sidewalks shall
be five feet (5') in width within gateway corridors.
c.
Curb cuts/driveway entrances along Prevatt Avenue shall be
a minimum of three hundred feet (300') apart.
(Ord. 2001-03, §6, 5-17-2001)
15.06.07
Variance Procedure
A variance may be obtained from any requirement of this article upon
application being made to, and determination by, the City Commission that
a building, development, or construction activity is unable to comply with
a requirements of the article. Prior to a public hearing before the City
Commission, a request for variance shall be reviewed by the Planning and
Land Development Regulation Commission and the Gateway Corridor
Standards Variance Request Review Committee. The City shall employ, as
the Gateway Corridor Standards Variance Request Review Committee, the
necessary architectural, engineering, construction, landscape architecture,
planning or other consultant(s) required to perform a technical review of the
variance request. The Gateway Corridor Standards Variance Request
Review Committee shall make a recommendation, regarding the variance
request, to the Planning and Land Development Regulation Commission
which shall, after conducting a public hearing to consider the variance,
make a recommendation to the City Commission. The burden of proof shall
be upon the applicant for the variance(s) to demonstrate why the applicable
requirements of this article, from which relief is being sought, cannot be
met. Financial, marketing or site usage maximization considerations shall
not be grounds for application for, or approval of, a variance. Any variance
granted shall be the minimum necessary to achieve the intent and purpose
of the use of the property consistent with the intent of this article. The
applicant is responsible for all costs associated with the review and hearing
of the variance request and shall pay such fees and costs assessed by the
City prior to hearings being held.
(Ord. 2001-03, §7, 5-17-2001)
15.07.00
CONDEMNATION OF BUILDINGS AND STRUCTURES
15.07.01
Legislative findings, Ordinance Number 2002-04
The intent of this article is to provide a mechanism for the City of Lake Helen to
remove buildings and structures that exist in a state that is adverse to the public
health, safety, morals or welfare.
(Ord. No. 2002-04; § 1, 9-5-2002)
15.07.02
Authority to Condemn
The City Commission is authorized to condemn and order to be demolished and
removed, or to be put in a sound state of repair, any and all buildings and structures
within the City found to be in a dilapidated, unsanitary or uninhabitable condition.
(Ord. No. 2002-04; § 2, 9-5-2002)
15.07.03
Periodic Inspection of Buildings; Buildings; Notice of Condemnation; Hearing
A.
The City Administrator, or his designees and assistants, are authorized to,
and assigned the duty and responsibility to, periodically inspect buildings
and structures within the City, and if such officials find any building or
structure to be in a dilapidated, unsanitary, unsafe or uninhabitable
condition, they shall report such fact in writing to the City Commission,
specifying in detail the condition of said building or structure. The City
Commission shall thereupon determine whether or not a public hearing shall
be held to condemn such building or structure, and in the event the City
Commission determines such hearing will be held, it shall order placed upon
such building or structure a notice of condemnation, and simultaneously
therewith direct to be delivered to said owner or owners, or anyone (1)
owner, either in person or by certified or registered mail to the last known
address as shown by the tax assessment rolls of the County, a notice to the
owner of the property involved, that said building or structure thereon has
been found by officials of the City to be in dilapidated, unsanitary, unsafe
or uninhabitable condition, and that the City intends to condemn the same.
Such notice shall further provide that a hearing will be held before the City
Commission at a stated time and at a stated place, and that at such time and
place a full determination will be made by the City Commission as to the
condition of said building or structure. If the owner or owners cannot be
located for personal delivery or receipt of certified or registered mail of said
notice, after reasonable inquiry, then said notice shall be published once a
week for two (2) consecutive weeks in a newspaper of general circulation
within the City, and such service shall be deemed sufficient to show that the
notice requirements of this Section have been met without regard to whether
or not the property owner actually receives such notice.
B.
The property owner at said hearing shall have a full opportunity to be heard
and to present such evidence as the owner sees fit. At the time and place of
such hearing the City Commission shall hear all evidence produced and
determine, pursuant to the codes and ordinances in effect within the City,
including, but not limited to, any and all applicable sanitary, electrical,
plumbing, gas, mechanical and fire codes in force in the City, whether or
not said building or structure shall be condemned.
(Ord. No. 2002-04; § 3, 9-5-2002)
15.07.04
Uninhabitable Buildings or Structures
A.
A building or structure shall be uninhabitable when:
1.
It is not occupied, is in a state of disrepair, and is visited by persons
for the purpose of unlawfully procuring or using any controlled
substance, as defined under Chapter 893, Florida Statutes, or any
drugs, as defined in Chapter 499, Florida Statutes; or
2.
It is not occupied, is in a state of disrepair, and is used for the illegal
keeping, selling or delivering of such controlled substances or drugs;
or
3.
It is found to have one (1) or more of the following characteristics:
a.
It is vacant, unguarded and open at doors or windows,
b.
There is an unwarranted accumulation of debris or other
combustible material therein,
c.
The structure's condition creates hazards with respect to
means of egress and fire protection as provided for the
particular occupancy,
d.
There is a falling away, hanging loose or loosening of any
siding, block, brick, or other building material,
e.
There is substantial deterioration of the structure or
structural parts,
f.
The structure is partially destroyed,
g.
There is an unusual sagging or leaning out of plumb of the
structure or any parts of the structure and such effect is
caused by deterioration or over-stressing,
h.
The electrical or mechanical installations or systems create
a hazardous condition, or
i.
An unsanitary condition exists by reason of inadequate or
malfunctioning sanitary facilities or waste disposal systems.
B.
A building or structure shall be presumed to be utilized for a purpose set
forth in Subsection A. 1. or 2. when there are one (1) or more arrests or
police reports of incidents which involve the keeping, consumption, or
delivery of controlled substances or drugs on the premises of the subject
building or structure.
C.
A building or structure found to be uninhabitable as provided herein shall
be subject to demolition.
(Ord. No. 2002-04; § 4, 9-5-2002)
15.07.05
Order of Condemnation to Owner; Repair or Removal
If the City Commission determines upon full hearing based upon substantial
competent evidence as provided in Section 15.07.03 that such building or structure
should be condemned, such fact shall be stated in writing by means of an
administrative order to the property owner including reasonable specifications as
to the deficiencies justifying such condemnation and the property owner shall be
given a reasonable time, according to the size, condition and location of such
building or structure as determined by the City Commission in its sole discretion,
in which to cause the building or structure to be demolished and removed or placed
in a state of sound repair pursuant to, and in conformance with, all applicable codes
and ordinances including, but not limited to, applicable sanitary, electrical,
plumbing, gas, mechanical and fire codes in force in the City, and in the event of
failure on the part of the property owner within such time period to effect the
demolition and removal or repair, then such building or structure may be
demolished and removed by the City and the cost of the same assessed as a lien
against the land. Said order of condemnation shall be delivered to the property
owner or owners, or any one (1) owner, either in person or by certified or registered
mail to the last known address as shown by the tax assessment rolls of the County.
The lack of a signed returned receipt shall not constitute a failure to notify owners
or interested parties. Service shall be deemed complete upon mailing by the City.
The order of condemnation shall be recorded in the public records of Volusia
County. The recordation of said order of condemnation as herein provided shall
constitute notice to any subsequent purchasers, transferees, grantees, mortgagees,
lessees, lienors, and any and all persons having, claiming or acquiring any interest
in the property described therein, or affected thereby. Upon the date of
condemnation, no condemned building or structure shall be occupied or used for
any purpose during the period of time the same is condemned.
(Ord. No. 2002-04; § 5, 9-5-2002)
15.07.06
Demolition by City; Lien
If within the time stated in order of condemnation provided for in Section 15.07.05,
the property owner fails to demolish and remove and repair such condemned
building or structure, and has not shown cause before the City Commission
justifying an extension of time, the City Commission shall forthwith order such
building or structure to be demolished or removed by the City and the actual cost
including administrative cost of the same assessed as a lien upon the land by means
of the filing of a notice of lien in the public records of Volusia County. The City
may enforce its lien and maintain a personal action against the property owner or
owners at the same time to recover such costs and any and all interest accrues
thereon. In any suit by the City either at law or in equity for the collection of the
amount of said lien, the City shall be entitled to recover its actual costs and
attorney's fees for the suit and said costs and attorney's fees shall also become a lien
upon said land. Any lien for costs and fees incurred shall constitute a lien against
the premises to the same extent and character as the lien for special assessments,
and with the same penalties, rights of collection, foreclosure, sale and forfeiture as
obtained for special assessment liens. Interest on the amount of the lien shall accrue
from the date of recordation.
(Ord. No. 2002-04; § 6, 9-5-2002)
15.07.07
Emergency Powers
The City Administrator, with the consent of the Mayor, shall have the power to
promptly cause a building, structure or portion thereof to be made safe or cause its
removal in cases of emergency which have been determined to involve imminent
danger to human life or health. For this purpose he or his designees may at once
enter such structure or land on which said structure stands or abutting land or
structures with such assistance and at such costs as he may deem necessary. He may
order the vacation of adjacent structures and may protect the public by appropriate
fencing or such other means as may be necessary, and for this purpose may close a
public or private street or way. All costs incurred by the City pursuant to this
Section shall be assessed and enforced as stated in Section 15.07.06.
15.07.08
Penalty for Violation21
Violation of this article shall, in addition to the remedy hereinabove provided, be
21
Cross-reference – Article 1, General Provisions, Section 1.11.02 General Penalty
punishable as provided by Article 10. Each day of continuance of any violation of
this article shall constitute a separate offense.
15.07.09
Appeals
An aggrieved party may appeal a final order of the City Commission to the Circuit
Court. Such an appeal shall not be hearing de novo but shall be limited to appellate
review of the record created before the City Commission. An appeal shall be filed
within thirty (30) days of the execution of the order to be appealed.
ARTICLE 16
ADMINISTRATION
16.00.00
GENERAL
16.00.01
Reserved
16.01.00
CITY COMMISSION
16.01.01
Reserved
16.02.00
DEPARTMENTS
16.02.01
Reserved
16.03.00
PERSONNEL
16.03.01
General
16.03.02
Personnel Review Board
16.03.03
Purpose and Duties
16.03.04
Grievance Procedure
16.04.00
RETIREMENT
16.04.01
General
16.04.02
Referendum for Inclusion
16.04.03
Agreements
16.04.04
Adoption
16.04.05
Appropriation for City Contribution
16.04.06
Records and Reports
16.04.07
Custodian and Reporting Agent
ARTICLE 16
ADMINISTRATION22
16.00.00
GENERAL
16.00.01
Reserved
16.01.00
CITY COMMISSION23
16.01.01
Reserved
16.02.00
DEPARTMENTS
16.02.01
Reserved
16.03.00
PERSONNEL24
16.03.01
General
A.
Adoption of employee manual
There is hereby established, published and adopted an official set of
guidelines to be followed by all employees of the City, to be entitled,
22
Cross references--Any appropriation ordinance or any ordinance levying or imposing taxes saved from
repeal, §1.07.00(E); any ordinance promising or guaranteeing the payment of money by the city or authorizing the
issuance of any bonds of the city or any evidence of the city's indebtedness or any contract, agreement, lease, deed, or
other instrument or obligation assumed by the city saved from repeal, §1.07.00(A); alcoholic beverages, Art. 17:
animals, Art. 18; buildings and building regulations, Art. 15: civil emergencies, Art. 19; fire prevention and protection,
Art. 20; health and sanitation, Art. 22; junked, abandoned property, Art. 23; licenses, Art. 24; mobile homes and
trailers, Art. 25; noise, Art.9; parks and recreation, Art. 27; planning, Art. 10; police, Art 28; stormwater and
conservation, Art. 5; streets, sidewalks and other public places, Art. 5; traffic and motor vehicles, Art. 29; utilities,
Art. 5, vegetation, Art. III and Art. 30.
23
Cross reference-- Any ordinance establishing salaries for city officers saved from repeal, §1.07.00(C).
State law references - Code of ethics for public officers and employees, F.S. § 112.311 et seq.;
public meetings, F.S. § 286.011; public records. F.S. Ch. 110.
24
Cross reference - Any ordinance establishing salaries of city employees and officers saved from repeal, §
1.07.00(C).
State law reference - Social security for public employees, F.S. Ch. 650; workers compensation
law. F.S. Ch.440; unemployment compensation law, F.S. Ch. 443; code of ethics for public officers and employees,
F.S. § 112.311 et seq.; oath, F.S. § 876.05.
Employees Manual City of Lake Helen, Florida.
(Ord. No. 79-8. §§ I, II, 12-20-79)
16.03.02
Personnel Review Board
A.
Membership
The personnel review board shall consist of three (3) members, who shall
be residents of the City. The members shall be registered voters of the City,
as now or hereinafter defined, appointed by the City Commission.
(Ord. No. 80-4, § I, 6-5-80)
B.
Terms
The terms of the members shall be for three (3) years, except that in the
appointment of the first personnel review board under the terms of this
division, the first member shall be appointed for a term of one (I) years, the
second member shall be appointed for a term of two (2) years and the third
member shall be appointed for a term of three (3) years. An alternate
member shall be appointed and shall serve in the absence of any regular
member at scheduled meetings of the board.
(Ord. No. 80-4, § I, 6-5-80)
C.
Removal
The City Commission Shall have the authority to remove any member for
cause, on written charges, after a public hearing. Absence from three (3)
consecutive meetings of the Personnel Review Board shall operate to vacate
the seat of a member, unless the absence is excused by the City Commission
by resolution, setting forth the fact of the excuse, duly entered upon the
minutes.
(Ord. No. 80-4, § I, 6-5-80)
D.
Filling of vacancies
Any vacancy on the personnel review board shall be filled for the unexpired
term by the City Commission.
(Ord. No. 80-4, § I, 6-5-80)
E.
Reimbursement for expenses
All members of the personnel board shall serve without compensation, but
may be reimbursed for actual expenses incurred in connection with their
official duties.
(Ord. No. 80-4, § I; 6-5-80)
F.
Chairman
The Personnel Review Board shall elect its chairman from among its
members. The term of the chairman shall be one (1) year with eligibility for
re-election.
(Ord. No. 80-4, § I, 6-5-80)
16.03.03
Purpose and duties
A.
It is the purpose of the Personnel Review Board to hear all problems,
grievances or complaints relating to city employees in a fair, impartial and
objective manner and to make recommendations to the City Commission as
a result of these hearings.
B.
The Personnel Review Board shall:
1.
Hear appeals in cases of any regular status employee who has
successfully completed his probationary period involving
dismissals, demotions, suspensions or reductions in pay adverse
actions;
2.
Hear appeals in cases involving employee examination results or
position classification decisions;
3.
Hear appeals in cases involving allegations of illegal discrimination
against employees in any personnel transactions;
4.
Render advisory opinions to the commission on personnel matters
brought before the Personnel Review Board;
5.
Have the power to administer oaths, call witnesses, and may compel
the production of books, records, and papers pertinent to any
investigation or hearing.
(Ord. No. 80-4, § II, 6-5-80)
16.03.04
Grievance Procedure
A.
A grievance is a complaint, a view or opinion pertaining to employment
conditions, relationships between employees and supervisors or
relationships with other employees.
B.
Any employee having a complaint, view or opinion pertaining to
employment conditions or relationships, shall first discuss the matter with
their immediate supervisor. An answer from their supervisor shall be given
to the employee within three (3) working days. If the employee is not
satisfied with the answer, they shall follow the next step in the procedure.
C.
If the grievance is not resolved by the immediate supervisor to the
satisfaction of the employee, the employee may submit the grievance to the
City Clerk in writing.
D.
The procedure for convening the board shall be by request to the City Clerk
who will notify the members of the board and establish a time and date for
the meeting. The time will be after 5:00 p.m., and the date will be no later
than seven (7) days after the request is made of the City Clerk. The City
Clerk will notify will notify all parties of the meeting time and date.
E.
Hearing before the Personnel Review Board shall be conducted informally
in accordance with the procedures established by the board, and shall not be
bound by formal rules of evidence.
F.
The Personnel Review Board shall transmit its findings and advisory
opinion in writing to the city commission with three (3) days of the
completion of the hearing.
G.
Upon receipt of the findings and advisory opinion of the Personnel Review
Board concerning the appeal, the City Commission shall put in writing the
course of action it intends to follow. This course of action shall be
determined at the next regular meeting of the City Commission.
H.
The decision of the City Commission with due consideration to the findings
and advisory opinions of the Personnel Review Board, shall be final and the
employee shall have no further right of administrative appeal.
I.
The employee and all parties affected shall be promptly notified in writing
of the final decision of the City Commission.
(Ord. No. 80-4 § III, 6-5-80)
16.04.00
RETIREMENT25
16.04.01
General
It is hereby declared to be the policy and purpose of the city to extend, effective
January 1, 1971, to the employees and officials thereof, not excluded by law or
excepted herein, the benefits of the Florida Retirement System as authorized by
Chapter 70-112, Laws of Florida, (F.S. § 121.051(2)(b)(l)) and amendments
thereto, to cover by such plan all services which constitute employment as defined
in section 2 of Chapter 70-112, Laws of Florida, (F.S. § 121.021) performed in the
employ of the city by employees and officials thereof.
(Ord. No. 71-1, § 1, 2-4-71)
16.04.02
Referendum for inclusion
There is hereby excluded from this division any authority to include in any
25
State law reference - Florida Retirement System, F.S. Ch. 121.
agreement entered into under 16.04.03 hereof any service, position, employee, or
official now covered by or eligible to be covered by an existing retirement system
sponsored by the city except social security only after holding a referendum, in
which all employees and officials in the affected units have the right to participate.
Only those employees and officials electing coverage under the Florida Retirement
System by affirmative vote in the referendum shall be eligible for coverage, and
those not participating or electing not to be covered by the Florida Retirement
System shall remain in their present system and shall not be eligible for coverage.
After the referendum is held, all future employees shall be compulsory members of
Florida Retirement System.
(Ord. No. 71-1, § 2, 2-4-71)
16.04.03
Agreements
The mayor is hereby authorized and directed to execute all necessary agreements
and amendments thereto with the administrator of the Florida Retirement System
for the purpose of extending the benefits provided by the Florida Retirement System
to the employees and officials of this city as provided in 16.04.01 and 16.04.02,
which agreement shall provide for such methods of administration of the plan by
the city as are found by the administrator of the Florida Retirement System to be
necessary and proper, and shall be effective with respect to services in employment
covered by the agreement performed on and after the 1st day of January, 1971.
(Ord. No. 71-1, § 3, 2-4-71)
16.04.04
Adoption
The city does hereby adopt the terms, conditions, requirements, reservations,
benefits, privileges, and other conditions thereunto appertaining, of the Florida
Retirement System, for and on behalf of all officers and employees of its
departments and agencies to be covered under the agreement.
(Ord. No. 71-1, § 7, 2-4-71)
16.04.05
Appropriation for city contribution
There shall be appropriated from available funds, derived from the general
government fund and utility fund, the amounts and the times as may be required to
pay promptly the contributions and assessments required of the city, as employer,
by applicable state laws or regulations, which shall be paid over to the lawfully
designated administrator of the Florida Retirement System at the times and in the
manner provided by law and regulation.
(Ord. No. 71-1, § 5, 2-4-71)
16.04.06
Records and reports
The city shall keep the records and make the reports as may be required by
applicable state laws or regulations, and shall adhere to all laws and regulations
relating to the Florida Retirement System.
(Ord. No. 71.1, § 8,2-4-71)
16.04.07
Custodian and reporting agent
The clerk is hereby designated the custodian of appropriated funds for the
employer's contributions as provided in 16.04.05 and the reporting agent and is
charged with the duty of maintaining records for the purposes of this division.
(Ord. No. 71-1, § 8, 2-4-71)
16.04.08
Alternative Retirement Plan and Trust
It is hereby declared an alternative retirement plan and opt-out of the Florida
Retirement System is established. The City has joined the Florida Municipal
Pension Trust Fund Defined Contribution Plan and trust for those employees who
shall qualify as participants hereunder, to be known as the Retirement Plan and
Trust for the general employees of the City of Lake Helen.
(Ord. 95-5, § 1-1-96; Ord. 96-9, § 6-20-96)16.04.09
16.04.09
Adoption
The city does hereby adopt the terms, conditions, requirements, reservations,
benefits, privileges, and other conditions hereunto appertaining, of the Florida
Municipal Pension Trust Fund, for and on behalf of the employees of its
departments and agencies to be covered under the agreement.
(Ord. 95-5, § 1-1-96; Ord. 96-9, § 6-20-96)
16.04.10
Retirement and Trust for the Police Officers of the City
Technical corrections that have no fiscal impact on Ordinance 95-5, hereby ratify
and confirm the provisions of the Florida Municipal Pension Trust Fund and
establish a retirement plan and trust for the Police Officers of the City.
(Ord., 95-5, § 1-1-96; Ord. 96-9, § 6-20-96)
16.04.11
Records and reports
The city shall keep the records and make the reports as may be required by
applicable state laws of regulations and shall adhere to all laws and regulations
relating to the Florida Municipal Pension Trust Fund. The Plan administrator will
be Florida League of Cities Inc.
(Ord. 95-5, § 1-1-96; Ord. 96-9, § 6-20-96)
ARTICLE 17
ALCOHOLIC BEVERAGES
17.01.00
HOURS OF SALE
17.02.00
LOCATION
ARTICLE 17
ALCOHOLIC BEVERAGES26
17.01.00
HOURS OF SALE
Alcoholic beverages may be sold, consumed, or served, or permitted to be served
or consumed, in any place holding a license under the state beverage law only on
the following days and the following hours:
A.
Monday: 8 a.m. to 12 Midnight
B.
Tuesday: 8 a.m. to 12 Midnight
C.
Wednesday: 8 a.m. to 12 Midnight
D.
Thursday: 8 a.m. to 12 Midnight
E.
Friday: 8 a.m. to 2 a.m. Saturday
F.
Saturday: 8 a.m. to 2 a.m. Sunday
G.
Sunday: 8 a.m. to 12 Midnight
H.
Notwithstanding the above provisions for the hours of sales for the above
days and hours, in the event of a recognized national holiday, alcoholic
beverages may be sold, consumed, served or permitted to be served or
consumed from 8 a.m. of the day of the holiday until 2 a.m. of the following
non-holiday morning.
(Ord. No. 97-2, § 2-20-97)
State law reference -- authority to regulate hours of sale, F.S. §§ 562.14(1), 562.45(2).
17.02.00
LOCATION
No license shall be granted to any person to sell any intoxicating beverage in any
district within the city except the district or districts now permitted by the zoning
ordinance of the city, nor in any of such districts shall such license be granted for
sales within one thousand (1,000) feet of an established school or church, except
sales as may be permitted by state law.
(Ord. No. 117, § 1, 7-8-58)
State law references - Authority to regulate location of place of business, F.S. § 562.45(2); sale of
malt beverages for off-premises consumption not subject to municipal zoning, F.S. § 563.02(1)(a).
26
Cross references - Prohibited in parks within the city. § Art. 27, 27.03.01(B); land use, Art. 2.
State law reference - Liquors and beverages, F.S. § 561.01 et seq.
ARTICLE 18
ANIMALS
18.01.00
CITATION
18.02.00
PURPOSE/APPLICABILITY/LEGISLATIVE FINDINGS
18.03.00
DEFINITIONS
18.04.00
ANIMAL CONTROL OFFICER; POWERS AND DUTIES; UNLAWFUL
INTERFERENCE
18.05.00
PUBLIC NUISANCE; ANIMALS AT LARGE
18.06.00
DUTY OF ANIMAL OWNERS TO BE RESPONSIBLE OWNERS
18.07.00
CRUELTY TO ANIMALS
18.08.00
CONFINEMENT OF ANIMALS
ABANDONMENT OF ANIMALS
18.09.00
SELLING OR OBTAINING DOGS OR CATS FOR PURPOSE OF HUMAN
OR ANIMAL CONSUMPTION
18.10.00
INJURING, CATCHING OR DETAINING WATERFOWL PROHIBITED
18.11.00
HOUSING GRAZING ANIMALS
18.12.00
GRAZING ANIMALS RUNNING AT LARGE; PROHIBITION
18.13.00
POULTRY; ENCLOSURE
18.14.00
CERTAIN ANIMALS PROHIBITED IN LAKE HELEN PUBLIC LAKES
18.15.00
REMOVAL OF ANIMAL WASTE; PROHIBITIONS
18.16.00
INVESTIGATION
18.17.00
ANIMALS FOR SALE OR GIFT WITHIN THE CITY
18.18.00
PET GROOMERS
18.19.00
METHODS OF ENFORCEMENT; INVESTIGATIONS
18.20.00
PERSONS AUTHORIZED TO ISSUE CITATIONS
WITHOUT
SUFFICIENT
FOOD;
18.21.00
CITATION FORM
18.22.00
OPTIONS OF PERSONS CITED/CITATION PROCEDURES
18.23.00
CONFINEMENT
OF
FIERCE
ANIMALS/ATTACK DOGS
18.24.00
DISPOSAL OF FIERCE OR VICIOUS/DANGEROUS ANIMALS FOUND
AT LARGE
18.25.00
DISPOSAL OF FIERCE
ANIMALS NOT AT LARGE
18.26.00
PROCEDURE FOR DECLARING DOGS DANGEROUS
18.27.00
PROCEDURE FOR DANGEROUS DOG HEARING
18.28.00
CONFINEMENT OF DOGS DECLARED DANGEROUS BY THE ANIMAL
CONTROL OFFICER OR ANIMAL CONTROL BOARD
18.29.00
REPORTING ANIMAL BITES
18.30.00
CAPTURE, IMPOUNDMENT, ETC. OF ANIMALS WHICH BITE PEOPLE
18.31.00
DISPOSITION OF DEAD ANIMALS; REQUIRED PROCEDURE
18.32.00
IMPOUNDING, DISPOSING OF AND REDEEMING ANIMALS
18.33.00
ANIMALS EXEMPT FROM ARTICLE
18.34.00
LICENSE TAG REQUIRED/OTHER PETS
18.35.00
IMPOUNDMENT, QUARANTINE, ETC. WHEN
HAVING RABIES
18.36.00
COMMERCIAL LICENSE REQUIRED
18.37.00
CARE OF ANIMALS IN LICENSED KENNEL
18.38.00
NONCOMMERCIAL KENNELS EXEMPT
18.39.00
HOUSING
18.40.00
STANDARDS FOR CARE
OR
OR
VICIOUS
VICIOUS/DANGEROUS
ANIMALS/DANGEROUS
SUSPECTED
OF
ARTICLE 18
ANIMALS27
18.01.00
CITATION
This article shall hereafter be known and may be cited as the “Animal Control
Ordinance of the City of Lake Helen.”
18.02.00
27
PURPOSE/APPLICABILITY/LEGISLATIVE FINDINGS
A.
This article establishes, under the City's police powers, enforcement
standards in regard to controlling the animal population in the City of Lake
Helen, for the health, safety and general welfare of its residents. This article
also provides for the safe and humane treatment of animals. Every person
who owns any animal or who owns, conducts, manages or operates any
animal establishment for which a license is required by this article, shall
comply with the provisions of this article.
B.
It is the intent of this article to reasonably control the ownership of animals
in the City, of Lake Helen consistent with the rural ambience and "small
town" nature of the City of Lake Helen and to provide reasonable
opportunities for enjoyment of animals by the residents of the City.
C.
It is the intent of this article to supplement the provisions of Chapter 767
and Chapter 828, Florida Statutes, and to be more restrictive than the
provisions set forth therein.
D.
The expression of legislative intent set forth in Section 767.10, Florida
Statutes, is hereby adopted.
E.
It is not the intent of this article to regulate bona fide agricultural activities
that are conducted in a manner that does not create a nuisance and which are
conducted in accordance with sound and generally acceptable good
husbandry practices.
F.
It is not the intent of this article to rezone any property or to change the list
of permitted uses on property as permitted by the land use designation and
zoning classification assigned to a parcel of property.
Cross references – Health and Sanitation, Art. .22; excessive noises prohibited, Art. 9.
State law references – Cruelty to Animals, F.S. Ch. 828; livestock at large, F.S. 588.12 et seq.
18.03.00
G.
It is not the intent of this article to prohibit the raising of bona fide show
animals by students involved in organizations encouraging agricultural
careers or activities.
H.
In the event that Volusia County implements a “universal registration”
program for the vaccination, licensure or tagging of animals subject to the
provisions of this article relating to such activities, it is the intent of the City
Commission to participate in such County system. In the event such system
is implemented, the City Council may suspend the provisions of this article
relating to such activities, in whole or part, and participate in the County
system by adopting a resolution so providing.
DEFINITIONS
The following words and phrases, when used in this article, shall have the meanings
respectively ascribed to them, and where the context requires, the singular shall
include the plural and vice versa:
A.
Abandon means to forsake an animal entirely or to neglect or refuse to
provide or perform the legal obligations for care and support of an animal
by its owner.
B.
Adult animal means any dog or cat over the age of six (6) months.
C.
Animal means, unless otherwise clearly required by the context, any dog,
cat, bird, snake and every other living, nonhuman creature.
D.
Animal at large means any animal off its owner's property and not under
restraint.
E.
Animal control officer means any person appointed, designated, employed
or contracted with the City for the purpose of enforcing this Ordinance and
included any law enforcement officer of the City.
F.
Animal exposed to rabies means an animal bitten by or associated with any
animal determined by the Volusia County health officer or the animal
control officer to be infected with rabies.
G.
Animal quarters means the premises and all buildings, pens, yards and their
appurtenances used for keeping of dogs, cats ostriches, emus, pigs, grazing
animals and poultry; provided, however, that a proper enclosure of a
dangerous dog shall mean an enclosure as described in Section 767.11 (4),
Florida Statutes, or its successor provision(s).
H.
Animal under restraint shall mean any animal secured by a leash, chain,
rope, or lead or confined within a vehicle or confined within the property
limits of any parcel of land with the animal owner’s consent or confined
within a crate or pen.
I.
At large means any animal not under restraint (whether licensed or
unlicensed) and off the premises of the owner.
J.
Attack dog means a dog that has been trained to attack humans or other
animals.
K.
Canine hobby breeder means a person other than a pet dealer who breeds a
single breed of dog to conform to an approved standard of competition. The
owner of a hobby breeder facility must be in good standing and have
registration privileges intact with the appropriate national animal registry.
L.
City means the City of Lake Helen or the administration of the City of Lake
Helen, Florida.
M.
Code Enforcement Hearing Officer means an attorney duly licensed to
practice law in the State of Florida appointed by the City Commission to
implement the provisions of this Ordinance.
N.
Commands means any effective verbal or nonverbal control by a competent
person of an animal's behavior.
O.
Commercial Kennel means any facility or business operation where one (1)
or more dogs or cats are kept, maintained, cared for or boarded overnight
for remuneration.
P.
Control means the regulation or the possession, ownership, care and custody
of animals.
Q.
Cruelty means any act of neglect, torture, or torment that causes
unjustifiable pain or suffering of an animal.
R.
Dangerous animal means all animals which by reason of their wild nature,
training, venomous characteristics, size or other attributes pose a special
hazard to humans or other animals.
Said term shall include, by way of illustration and not limitation, bears,
lions, leopards, cheetahs, venomous reptiles, constricting reptiles, piranha,
sharks, poisonous insects and spiders, alligators and crocodiles, attack dogs,
tigers, eagles, hawks; simians, large primates and elephants. Any rabiessusceptible animal which, because of the nonavailability of a licensed
vaccine, cannot be vaccinated against rabies shall also be deemed a
dangerous animal. This definition shall also include any dangerous dog or
other animal which has been designated as dangerous by animal control
officer, or by the animal control board pursuant to a temperament hearing.
S.
Dangerous dog means any dog defined as dangerous in Section 767.11,
Florida Statutes, or its successor provision(s), or which has been declared
dangerous by the animal control officer or the animal control board pursuant
to a temperament hearing.
T.
Domestic animal means any equine or bovine animal, goat, sheep, swine,
dog, cat, bird, poultry or other domestic animal or livestock.
U.
Exotic animal means any species of animal not indigenous to the State of
Florida.
V.
Fierce or vicious animal means any dangerous animal or rabies-susceptible
animal which has for no observable motive exhibited aggressive or
threatening tendencies towards humans or other animals or has made
unprovoked attack(s) on any person or person or any animal or animals for
any motive other than self-defense and has caused bodily harm to a human
or other animal.
W.
Fowl shall mean all kinds of birds, whether wild or domesticated.
X.
Impounding or holding facility or animal shelter means any one (1) or
combination of a pet shop, kennel, cattery or humane society or any facility
the City may so designate.
Y.
Licensed veterinarians means all veterinarians actively engaged in the
practice of that profession in the State of Florida, who are duly registered
and licensed as such by the State, and who are authorized to vaccinate dogs
and cats against rabies and to execute certificates of vaccination.
Z.
Livestock means all animals of the equine, bovine or swine class including,
but not limited to, goats, sheep, mules, horses, hogs, cattle and other grazing
animals; provided, however, that domestic pot-belly pigs shall not be
considered to be livestock if no more than one (1) said pig resides at a
household or on parcel of land and the weight of said pig does not exceed
one hundred (100) pounds; provided, further, however, that miniature
horses shall not be considered to be livestock if no more than one (1) said
horse resides at a household or on a parcel of land and the height of said
horse does not exceed thirty-three (33) inches measured from the withers to
the ground.
AA.
Owner means any person, firm, corporation or organization possessing,
harboring, keeping or having control or custody of an animal or, if the
animal is owned by a person under the age of eighteen (18), that person's
parent or guardian.
BB.
Pet groomer means any facility, business or short operation where dogs and
cats are bathed, clipped or groomed.
CC.
Person means any individual, firm, association, organization whether social
or business, partnership, joint venture, trust company, corporation, receiver,
syndicate, business trust or other group or combination acting as a unit,
including any government.
DD.
Pet shop means any facility or business operating which sells animals, fish,
reptiles or animal supplies.
EE.
Poultry means all domesticated food birds including, but not limited to,
chickens, turkeys, ducks, guineas, geese and pigeons.
FF.
Public nuisance animal means any animal which meets anyone (1) or more
of the following criteria:
1.
An animal that is repeatedly found at large.
2.
An animal that damages, harms or destroys the property of anyone
other than their owner.
3.
An animal that is a fierce or vicious animal, or a dangerous animal
that is not confined as required by this article.
4.
An animal that causes unsanitary conditions of enclosures or
surroundings as determined by the animal control officer.
5.
An animal that is a diseased animal and dangerous to human health.
6.
An animal that repeatedly or excessively barks, cries, howls,
screeches, squawks, screams, whines or makes other prolonged or
disturbing noises interfering with the peace, comfort, repose or
quietude of the neighboring properties, providing a complaining
neighbor has filed a sworn statement with either the animal control
officer or a City police officer describing the disturbance.
7.
An animal that has been determined to be a stray.
8.
An animal that is a female animal that is not confined within a
building, structure, cage or not under restraint during her estrous
cycle (in heat).
9.
An animal that is a rabies-susceptible animal that has not been
appropriately inoculated against rabies.
10.
An animal that causes offensive odors from or upon the premises on
which the animal is maintained which odors disturb the comfort,
peace or repose on any person residing within the vicinity of the
animal consistent with the provisions of this article.
18.04.00
GG.
Rabies-susceptible animals means all warm-blooded animals which are
capable of contracting rabies and which are domestic by nature or
domesticated or tamed.
HH.
Severe injury means any physical injury that results in broken bones,
multiple bites, multiple punctures or disfiguring lacerations requiring
sutures or cosmetic or reconstructive surgery.
II.
Stray animal means any unlicensed or unattended animal.
JJ.
Under restraint means controlled by chain, tether or leash, controlled by
command of a competent person and obedient to said person's commands,
confined within a vehicle being driven or parked on the street, confined
within the property limits of any parcel of land with the property owner's
consent, confined within a crate or cage or fenced in accordance with sound
animal husbandry practices. To be under restraint or command, the animal
must be under the express effective command of a competent person at all
times. An animal is not to be construed to be "under restraint" simply
because it can be demonstrated that the animal is responsive to command if,
in fact, the animal is not actually under restraint by command or otherwise.
It shall be prima facie evidence that the animal was not under restraint by
command if said animal bites a person or another animal or trespasses upon
private property without the property owner's consent.
KK.
Unprovoked means that the victim who has been conducting himself
peacefully and lawfully has been bitten, injured or chased in a menacing
fashion or attacked.
LL.
Wild animal means any animal which is not accustomed to living in or about
the habitation of humans and which is regulated under the provisions of
Chapter 372, Florida Statutes, or its successor provision(s).
ANIMAL CONTROL OFFICER; POWERS AND DUTIES; UNLAWFUL
INTERFERENCE
A.
The City Police Chief shall have supervision of the performance of duties of
the City's animal control officers who shall have full and complete authority
to pick up, catch or procure any animal at large, creating a nuisance, infected
with rabies or believed to be infected with rabies or any animal that appears
to be unlicensed when required to be licensed and cause such animal to be
impounded.
B
Each animal control officer is hereby granted the authority to issue citations
in accordance with the provisions of this article.28
18.05.00
18.06.00
C.
Each animal control officer shall have the right to enter upon any public
property or may enter private property with the consent of owner or proper
warrant or as otherwise provided by law, for the purposes of examining or
capturing any animal. Each animal control officer shall have appropriate
official identification with them which identifies them as agents of the City
when they enter private property on official duty.
D.
It is unlawful for any person to interfere with any animal control officer in
the legal performance of his or her duties, to take or attempt to take an animal
from any animal control officer or from any vehicle used by an animal
control officer to transport any animal, or to take or to attempt to take any
animal from the control of the City without proper authority.
PUBLIC NUISANCE; ANIMALS AT LARGE
A.
It is unlawful for any owner to allow any animal to be a public nuisance.
B.
It is unlawful for any animal owner to allow, either willfully or through
failure to exercise due care and control, his or her animal(s) to run at large.
C.
When any domestic animal is found at large anywhere within the City,
whether licensed or otherwise and whether owned or otherwise, said animal
may be taken into custody by the animal control officer to be impounded at
the animal shelter and disposed of as provided in this article.
D.
The City shall not be liable for any injury that may occur while any animal
control officer is attempting to capture, transport, load or unload any animal
found at-large in violation of this article. In the event an animal is injured,
the animal control officer shall file a written report of the circumstances
with the City Police Chief within one (1) working day of such incident.
E.
Every animal owner who intentionally, willfully, carelessly, or negligently
suffers or permits such animal to run at large shall be liable in damages for
all injury and property damage by any person or animal by reason thereof.
DUTY OF ANIMAL OWNERS TO BE RESPONSIBLE OWNERS
A.
28
Each owner of any animal, or anyone having any animal in his or her
possession or custody, shall have the duty to exercise reasonable care and
to take all necessary steps and precautions to protect other people, property
and animals from injuries or damage which might result from his or her
animals' behavior, regardless of whether such behavior is motivated by
Cross-reference - Article 1 General Provisions, Section 1.11.02 General Penalty
mischievousness, playfulness or ferocity.
B.
In the event that the owner or keeper of any animal is a minor, the parent(s)
or guardian(s) of the minor shall be responsible to ensure that all provisions
of this article are complied with and said parent(s) or guardian(s) shall have
the duties prescribed under the article.
C.
It is unlawful for any person having a duty prescribed by this article to fail
to exercise said duty.
D.
Every owner of any animal, or anyone having any animal in his or her
possession or custody shall have the duty to ensure that:
E.
1.
The animal is kept under restraint.
2.
Reasonable care and precautions are taken to prevent the animal
from leaving, while unattended, the real property limits of its owner,
possessor or custodian.
3.
The animal is:
a.
Securely and humanely confined within a house, building,
fence, crate, pen or other enclosure; or
b.
Humanely secured by chain, cable, and trolley, rope or tether
of sufficient strength to prevent escape; or
c.
Leashed or otherwise controlled by a responsible person or
is obedient to the commands of a person present with the
animal at any time it is not secured. The voice command
must be demonstrated as an effective restraint if requested.
Each owner of any animal or anyone having an animal in his or her
possession shall keep the animal under restraint and control at all times
while the animal is off the real property limits of the owner, possessor or
custodian unless the owner of the animal has the consent of the person on
whose property the animal is at large. For the purpose of this section, an
animal is deemed under control when it is:
1.
Securely confined within a vehicle, parked or in motion; or
2.
Caged or short tethered in the open bed of a pickup truck; or
3.
Securely and humanely confined within a house, building, fence,
crate, pen or other enclosure with the property owner's consent; or
4.
Humanely secured by a chain, cable and trolley, rope or tether of
sufficient strength to prevent escape with the permission of the
owner of the property where the restraint is being used; or
18.07.00
5.
Leashed or otherwise controlled by a responsible person or is
obedient to the commands of a person present with the animal at any
time it is not secured. The effectiveness of the voice command over
the animal must be demonstrated as an effective restraint if
requested by an animal control officer; or
6.
As a performing animal, engaged in a bona fide commercial
performance or participating in a parade or similar event; provided,
however, that the owner of the animal shall ensure that all reasonable
and necessary steps and actions are taken to protect the general
public.
F.
It is unlawful for any animal owner to permit, either willfully or through
failure to exercise due care and control, any animal to soil, defile, urinate,
defecate on any private or public property other than that of the owner
without expressed or implied consent from the appropriate person.
G.
It is unlawful for any animal owner to permit, either willfully or through
failure to exercise due care and control, any animal, in a continuing or
repeating manner, to bark, cry, howl, screech, squawk, scream, whine or
cause other objectionable noises which disturb the comfort, peace, quiet or
repose of any person residing in the vicinity.
H.
It is unlawful for any animal owner to permit, either willfully or through
failure to exercise due care and control, any animal to damage, harm or
destroy the property or animal of another person including, without
limitation and by way of example only, danger, harm or destruction arising
out of a person's motor vehicle and related property hitting or being hit by
an animal at large.
I.
It is unlawful for any animal owner, either willfully or through failure to
exercise due care and control, to maintain his or her animal on the premises
upon which said animal is maintained, in such a manner as to emit such
offensive odors which disturb the comfort, peace or repose of any person
residing in the vicinity. Proximate owners must execute a signed statement
in order to exercise the provisions of this subsection.
J.
It is unlawful for the owner of any female dog or cat in heat to fail to confine
said animal, either willfully or through failure to exercise due care and
control, in such a manner so as to make said animal unaccessible to any male
dog or cat except for intentional breeding purposes.
CRUELTY TO ANIMALS
18.08.00
18.09.00
A.
It is unlawful for any owner or other person to cruelly deprive any animal
of food, water, shelter, and protection under his or her control and/or
custody or to abandon, poison, cruelly beat, cruelly whip or kill any animal
under his, her, another's or no one's control and/or custody or to mutilate,
overdrive, overload, overwork, torment, torture or otherwise cruelly ill-use
any animal. This Section shall not apply to wild animals killed in the hunt
by customary and nonbrutal methods nor to wild rats, mice, insects, fish,
arthropods or vermin; nor shall this Section apply to medical research
organizations duly licensed and/or otherwise recognized or supported by
State or Federal law, nor shall this Section apply to the implementation of
control techniques pertaining to Muscovy clients as recognized by the
Florida Fish and Wildlife Conservation Commission.
B.
This provision of this Section shall be construed as being supplemental to
the provisions of Section 828.12, Florida Statutes, or its successor
provision(s).
CONFINEMENT OF ANIMALS
ABANDONMENT OF ANIMALS
WITHOUT
SUFFICIENT
FOOD;
A.
It is unlawful for any person to impound or confine any animal in any place
and fail to supply the animal during such confinement with a sufficient
quantity of good and wholesome food and water.
B.
It is unlawful for any person to keep any animals in any enclosure without
the animal being provided wholesome exercise and change of air.
C.
It is unlawful for any person to abandon any animal and allow the animal to
die as a result of that abandonment.
D.
It is unlawful for any person who is the owner or possessor of an animal or
has charge or custody of an animal to abandon an animal.
E.
It is unlawful for any person to keep any animal in any enclosure at such
time for such period of time that results in the animal being overheated.
F.
The provisions of this Section shall be construed as being supplemental to
the provisions of Section 828.13, Florida Statutes, or its successor
provision(s).
SELLING OR OBTAINING DOGS OR CATS FOR PURPOSE OF HUMAN
OR ANIMAL CONSUMPTION
It is unlawful for any person to sell, obtain or purchase a live or dead dog or cat for
the purpose of human or animal consumption.
18.10.00
INJURING, CATCHING OR DETAINING WATERFOWL PROHIBITED
It is unlawful for any person, unless authorized by the City, to catch, kill, maim,
wound, detain, shoot at or molest any swans, ducks, geese, bract, coots, gallinules
or any other kind of waterfowl within the City limits; provided, however, that this
provision does not apply to Muscovy Ducks which may be controlled in accordance
with control techniques recognized by the Florida Fish and Wildlife Conservation
Commission.
18.11.00
18.12.00
18.13.00
HOUSING GRAZING ANIMALS
A.
It is unlawful for any person to keep or cause to be kept corralled or
quartered within the City limits any horses, mules, cows, goats, poultry or
other grazing animals unless there is at least a buffer of one hundred feet
(100') between the area where said animals are kept and the closest residence
except for the owner's residence; provided, however, that this provision
shall not apply to lawfully permitted structures existent on April 18, 2002.
B.
It is unlawful for any person to keep or cause to be kept corralled or
quartered within the City limits any horses, mules, cows, goats or other
grazing animals unless there is at least ten thousand (10,000) square feet of
grazing area for each animal.
GRAZING ANIMALS RUNNING AT LARGE; PROHIBITION
A.
It is the duty of each person owning or controlling a horse, mule, cow or
other grazing animal(s) to keep such animal(s) in a substantial enclosure
designed and constructed in such a manner as to prevent the animal(s) from
running at large.
B.
It is unlawful for any person owning or controlling a horse(s), mule(s),
cow(s) or other grazing animals within the City to allow such animal(s) to
run at large.
POULTRY; ENCLOSURE
A.
It is the duty of each person owning or controlling poultry to keep such
poultry in a substantial enclosure designed and constructed in such a manner
as to prevent the poultry from running at large.
B.
It is unlawful for any person to allow poultry to live on his, her or its land
unless the poultry are raised in accordance with sound animal husbandry
practices and the use does not violate any provision of this article relative to
noise or odors; provided, however, that bona fide agricultural uses on lands
appropriately zoned for agricultural uses may continue to operate as
grandfathered uses.
18.14.00
CERTAIN ANIMALS PROHIBITED IN LAKE HELEN PUBLIC LAKES
Except for the recreational use of horses and the grazing of horses and cattle, it is
unlawful for any person to allow his or her animals to enter any lake in the City
limits if the lake is accessible by the general public.
18.15.00
18.16.00
REMOVAL OF ANIMAL WASTE; PROHIBITIONS
A.
It is unlawful for any owner of an animal to allow an animal to soil, defile,
urinate, or defecate on any private or public property other than that of the
owner without expressed or implied consent.
B.
It is the duty of any person owning or having control of the premises where
animals are permitted to be kept to, collect and dispose of the manure and
waste materials so as to prevent the breeding of flies and other bacteriacarrying insects, and the emission of deleterious and offensive odors
therefrom.
C.
It is unlawful for any manure or waste materials accumulating from an
animal or animals including, but not limited to, poultry or grazing animals
to be left above ground upon any premises in the City for longer than four
(4) days unless said accumulation of manure or waste material is part of a
bona fide compost pile that is managed in accordance with sound
management techniques which include the prevention of diseases being
spread by any means and the prevention of odor as prohibited by this article.
D.
Subsections A., B. and C. of this Section shall not be applicable to premises
or property containing two (2) acres or more exclusive of residences or other
structures where the animals are kept or corralled, unless sanitary conditions
become offensive to neighboring properties, are reasonably likely to present
a health hazard, or otherwise violated the provisions of this article.
E.
It is the duty of an owner of an animal to remove and dispose of in an
appropriate waste receptacle any excreta deposited by his or her animal(s)
on public walks, recreation areas or private property other than his or her
own.
F.
It is unlawful for an owner of an animal to fail to remove and dispose of in
an appropriate waste receptacle any excreta deposited by his or her
animal(s) on public walks, recreation areas or private property other than
his or her own.
INVESTIGATION
A.
The animal control officer may request the owners of any animal to exhibit
the animal and, if applicable, the license of such animal.
B.
18.17.00
It shall be the duty of the animal control officer to keep the following
records:
1.
Accurate and detailed records of the licensing, impoundment and
disposition of all animals coming into the City's custody.
2.
Accurate and detailed records of all reported bite cases and
investigations for a period of three (3) years.
ANIMALS FOR SALE OR GIFT WITHIN THE CITY
A.
This Section applies to all animals transported into, or native to the City, for
sale or gift.
B.
Each animal transported into the City for sale and each animal offered in the
City for sale or gift shall be subject to the provisions of 828.29, Florida
Statutes, or its successor provision(s), which are hereby adopted and
incorporated herein by reference
C.
County operated or City operated animal control agencies and registered
nonprofit humane organizations are exempt from the provisions of this
Section.
D.
The sale, transfer or display of all live animals at flea markets or similar
outdoor markets shall be subject to the following restrictions and/or
limitations;
1.
All animals must be displayed in crates that meet current minimum
United States Department of Agriculture requirements regarding
crating of live animals. There shall be no more than two (2) animals
per crate.
2.
Crates will allow for a free flow of air. The crates shall be displayed
in such a manner that access to the animals is controlled by the
vendor.
3.
A source of heat and mechanical ventilation shall be available at the
site for use as necessary.
4.
All animals must be kept in a clean and sanitary environment.
5.
All animals must be located under a permanent roofed structure and
be in a shaded area.
6.
All animals must be provided with adequate water and food
available to them at all times.
7.
E.
F.
18.18.00
The owner or manager of a flea market or related outdoor market
shall inspect the site of all animal vendors on a daily basis and shall
report any violations that he or she is aware of to the appropriate
agencies.
Pet Shops or Other Non-Outdoor Markets.
1.
Crates/Cages: All animals must be displayed in animal crates that
meet current minimum United States Department of Agriculture
requirements regarding crating of live animals. Animals must be
able to stand up and turn around. There shall be no more than two
(2) adult animals per crate.
2.
Crates will allow for a free flow of air. Crates shall be displayed in
such a manner that access to the animals is controlled by employees.
3.
All animals must be kept in a clean and sanitary environment.
4.
All animals must be provided with adequate water and food which
must be available at all times.
5.
Cages must be cleaned and disinfected at least once per day with a
disinfectant which is normally used in the kennel industry.
6.
Animal control officer or an enforcement officer shall inspect the pet
shop on a routine basis.
It is unlawful for any person to fail to comply with the provisions of this
Section.
PET GROOMERS
A.
All animals must be kept in animal crates that meet current minimum United
States Department of Agriculture requirements regarding crating of live
animals. Animals must be able to stand up and turn around.
B.
Crates will allow for a free flow of air.
C.
Animals must be provided with water.
D.
All animals must be kept in a clean, safe and sanitary environment. Cages
shall be cleaned and disinfected with a disinfectant which is normally used
in the kennel industry. Cages shall be disinfected between each animal.
E.
Animal control officer or an enforcement officer shall inspect the place of
business on a routine basis.
F.
18.19.00
It is unlawful for a pet groomer to board or maintain an animal overnight
unless all other permits relating to the boarding of animals have been
obtained.
METHODS OF ENFORCEMENT; INVESTIGATIONS
A.
Procedures.
1.
2.
29
30
An animal control officer who has probable cause to believe that a
person has committed an act in violation of this article shall
accomplish one (1) or more of the following:
a.
Issue a notice of violation to the person who is in violation
of this article. Such notice of violation shall state the date and
time of the issuance of the notice, the name and address of
the person in violation, the date of the offense, the offense
committed, a description of the animal involved, and a
demand that the offense be abated within twenty-four (24)
hours after the issuance of the notice. If the person shall fail
to abate the offense, then the animal control officer may issue
a citation to the person; and/or29
b.
Impound the animal involved. Such animal may be redeemed
as provided for in this article; and/or
c.
Issue a citation to the person who is in violation of this
article. Such a citation may be contested in the County Court.
If a person fails to pay the civil penalty or fails to appear in
court to contest the citation, the Court may issue an order to
show cause upon the request of the City Police Chief or his
designee. This order shall require such a person to appear
before the court to explain why action on the citation has not
been taken. If any person who issued such an order fails to
appear in response to the Court's directive, that person may
be held in contempt of Court.30
Certain aggravated violations of this article which result in the
unprovoked biting, attacking or wounding of a domestic animal;
violations resulting in the destruction or loss of personal property;
second or subsequent violations of local animal cruelty laws; or
violations resulting in the issuance of a third or subsequent citation
to a person will require a mandatory court appearance.
Cross-reference - Article 1 General Provisions, Section 1.11.02 General Penalty
Cross-reference – Section 1.11.02 General Penalty
18.20.00
B.
Investigations. The animal control officer may request the owners of an
animal to exhibit the animal, and, if applicable, the license of such animal.
C.
Records. It shall be the duty of the animal control officer to keep the
following records:
1.
Accurate and detailed records of the licensing, impoundment and
disposition of all animals coming into his custody;
2.
Accurate and detailed records of all reported bite cases and
investigations for a period of three (3) years;
3.
Accurate and detailed records on all money collected and expended;
and
4.
Accurate records of all rabies certificates that have been provided
for City review.
PERSONS AUTHORIZED TO ISSUE CITATIONS
An animal control officer or any law enforcement officer as defined in Section
943.10(1), Florida Statutes, or its successor provision(s), is hereby authorized to
issue citations for the violation of this article, when, based upon personal
investigation, the officer has reasonable and probable grounds to believe that a
violation of this article has occurred; provided, however, nothing in this article shall
be construed to prohibit an animal control officer, under appropriate circumstances,
to issue a warning notice to the alleged violator.
18.21.00
CITATION FORM
A.
Seventh Judicial Circuit Form 798 is hereby adopted as the City’s citation
form. A copy of said form is attached to this Article as an exhibit and
incorporated herein.
B.
The animal control officer shall ensure that all information required by
Section 828.27(1)(f), Florida Statutes, is included in each citation issued.
(Ord. No. 2002-05; § 1, 8-1-2005)
18.22.00
OPTIONS OF PERSONS CITED/CITATION PROCEDURES31
A.
31
Any person cited for violation of this article shall be deemed to be charged
with a noncriminal infraction and cited to appear in County Court; provided,
however, charges of violations of provisions of the Florida Statutes may be
filed in accordance with State law as appropriate under the facts of a case.
Cross-reference – Article 1 General Provisions, Section 1.11.02 General Penalty
B.
1.
Post a bond in an amount equal to the applicable civil penalty
hereinafter provided for; or
2.
Sign and accept a citation indicating a promise to appear.
C.
Any person who willfully refuses to post a bond or accept and sign the
citation shall be in violation of this article and shall be punished in
accordance with Chapter 166, Florida Statutes, and Section 775.083,
Florida Statutes or their successor provision(s).
D.
Any person cited with a violation of this article may:
E.
18.23.00
Any person cited for an infraction under this article may:
1.
Pay the civil penalty established herein within ten (10) days of the
date of receiving the citation; or
2.
If he or she has posted bond, forfeit bond by not appearing at the
designated time and location.
3.
If the person cited follows either of the above procedures, he or she
shall be deemed to have admitted the infraction and to have waived
his or her right to a hearing on the issue of commission of the
infraction.
Any person electing to appear or who is required to so appear shall be
deemed to have waived his or her right to the civil penalty being assessed
and shall be subject to the penalties allowed by Chapter 166, Florida
Statutes, and Section 775.083, Florida Statutes, or their successor
provision(s).
CONFINEMENT
OF
FIERCE
ANIMALS/ATTACK DOGS
OR
VICIOUS/DANGEROUS
A.
It is unlawful for an owner of any fierce or vicious animal, or dangerous
animal to fail to confine said animal within a building, cage or other secure
enclosure.
B.
It is unlawful for the owner of any fierce or vicious animal, or dangerous
animal to take the animal from the building, cage or secure enclosure in
which the animal is required to be confined unless said animal is securely
leashed, tethered, chained, muzzled anesthetized and/or otherwise
restrained so as to protect persons and other animals; provided, however,
that this section shall not apply to law enforcement or rescue animals
actually engaged in law enforcement or rescue operations.
C.
Animals of wild or exotic nature, so classified by the appropriate
governmental agencies as requiring specific pen or enclosure, shall be caged
in accordance with all applicable regulations.
18.24.00
D.
Any outside enclosure housing a trained attack dog must be completely
surrounded by a fence or other wall at least six (6) feet in height and have
an anticlimbing device. All gates and entrances thereto must be kept closed
and locked by means of a secure padlock and all fences or walls maintained
escape proof.
E.
It is unlawful for an owner of an attack dog to fail to adhere to the
requirements of this section.
F.
The provisions of Section 767.11, Florida Statutes, or its successor
provision(s) shall apply to dangerous dogs.
DISPOSAL OF FIERCE OR VICIOUS/DANGEROUS ANIMALS FOUND
AT LARGE
A.
When any fierce or vicious or dangerous animal is found at large anywhere
within the City, whether licensed or otherwise, and whether owned or
otherwise, said animal shall be taken into custody by the animal control
officer to be impounded at the animal shelter and disposed of as follows:
1.
Where such animal bears no indicia of ownership, it shall be
confined by the animal control facility for five (5) days from the date
it was taken into custody. At the expiration of said five (5) days, if
the animal control facility determines that said animal is a fierce,
dangerous or vicious animal, and if no owner has appeared to claim
said animal, said animal shall be deemed unowned and destroyed in
a humane fashion or otherwise safely disposed of alive.
2.
Where such animal bears an indicia of ownership, the animal control
facility shall make a good faith effort to notify the owner by means
of telephonic communication and notify the owner of said animal
by certified mail, return receipt requested, of the animal's
impoundment. Said animal shall be confined by the animal control
facility for three (3) days from the date said certified mail return is
received by the animal control officer or, in the event of livestock,
seven (7) days, at the expiration of the requisite minimum number
of days, if the animal control facility determines that said animal is
a fierce, dangerous or vicious animal and if no owner has appeared
to claim said animal, said animal shall be deemed unowned and
destroyed in a humane fashion or otherwise safely disposed of alive.
3.
Where such animal is claimed in writing by its owner, said animal
shall remain confined by the animal control facility at the owner’s
expense, subject to the control of the animal control officer, pending
a hearing before the Code Enforcement Hearing Officer to determine
whether said animal is a fierce or vicious animal or a dangerous
animal. Said hearing shall be held not sooner than five (5) days nor
later than twenty (20) days from the date upon which the owner of
said animal claims the same in writing. At said hearing, the animal
owner or his representative and any other interested person may
present any evidence relative to a determination of whether said
animal is fierce or vicious animal or a dangerous animal. If the Code
Enforcement Hearing Officer determines that said animal is fierce,
dangerous, or vicious, the Code Enforcement Hearing Officer shall
enter an order requiring that the vicious animal shall be destroyed in
a humane fashion or otherwise safely disposed of alive. Any order
providing for the disposal of the animal alive, whether through
release to the owner or otherwise, shall be subject to such conditions
as the Code Enforcement Hearing Officer shall impose. Violation of
any of the conditions imposed shall constitute a violation of this
Ordinance and be punished as such. Violation of any conditions shall
also be sufficient grounds for the animal control officer to obtain an
additional pick up order from a court of competent jurisdiction. The
Code Enforcement Hearing Officer shall thereupon hold an
additional hearing to determine further disposition of the animal.
Unless the owner of the animal consents, the animal shall only be
destroyed upon a finding that no reasonable alternative other than
the destruction of the animal is sufficient to adequately protect the
public. Any order which provides for the destruction of the animal
shall include a date before which the destruction of the animal shall
not take place. All decisions of the Code Enforcement Hearing
Officer may be stayed pending court review, only by court order or
by the Code Enforcement Hearing Officer upon payment by the
owner of all impoundment and other fees incurred to the date
specified and, in the event the animal is being confined at the animal
shelter, advanced payment of such fees as would accrue in the
succeeding six (6) month period. If court review should exceed six
(6) months, the owner shall be required to pay, at the expiration of
the initial six (6) month period, and every month thereafter, one (1)
month fees in advance. At the time the animal is released from the
animal shelter by court order or destroyed or transferred to other
secure quarters, as provided above, any excess fees shall be refunded
to the owner within thirty (30) days. The owner of said animal shall
be responsible for all impoundment and other fees incurred
regardless of the final determination of the Code Enforcement
Hearing Officer or the court.
(Ord. No. 2002-12; § 2, 11-21-2002)
18.25.00
DISPOSAL OF FIERCE
ANIMALS NOT AT LARGE
OR
VICIOUS
ANIMALS/DANGEROUS
A.
Upon the written, sworn statement of any person averring that an animal has
actually bitten, mauled, attacked, or otherwise injured any person or any
animal, the animal control officer may take the animal into custody or may
require that the owner confine the animal in a securely fenced or enclosed
area. The City may also apply to a court of competent jurisdiction for an
order permitting the pickup and impoundment of said animal. In entering its
order, the Court shall make a preliminary finding that probable cause exists
to believe the animal to be fierce or vicious animal or dangerous animal
under this article and a threat to the public safety. If an animal has been
taken into custody and quarantined, said animal shall remain in the custody
of the City until a determination has been made with regard to the fierceness,
dangerousness or viciousness of the animal. All costs of impounding the
animal arising from any procedure of proceedings shall be paid by the owner
prior to release of the animal.
B.
Once said animal is impounded pursuant to court order or after being
quarantined, a determination of the animal's fierceness, dangerousness or
viciousness shall be made in accordance with the applicable procedures set
forth in this article.
C.
Nothing in this section shall be deemed to affect any criminal proceeding,
nor shall any determination or deliberation by the Code Enforcement
Hearing Officer be admissible in evidence in any criminal proceeding
against the owner of said impounded animal.
(Ord. No. 2002-12; § 4, 11-21-2002)
18.26.00
PROCEDURE FOR DECLARING DOGS DANGEROUS
A.
If a dog which the animal control officer believes may be dangerous is
impounded by the animal control officer, the animal control officer shall
investigate and determine if the dog is dangerous and if the animal should
be destroyed or released upon conditions. The owner may then file a written
request for a hearing before the Code Enforcement Hearing Officer to
appeal the classification by the animal control officer within ten (10)
business days after receipt of the written notice that the dog has been
declared dangerous. If the owner has custody of the dog at this time, he must
continue to confine the dog in a securely fenced or enclosed area pending a
hearing and determination by the Code Enforcement Hearing Officer. The
dog shall not be destroyed while the appeal is pending.
(Ord. No. 2002-12; § 4, 11-21-2002)
B.
18.27.00
If an owner does not appeal the animal control officer's designation of the
dog as dangerous, the owner must obtain a valid Certificate of Registration
For Dangerous Dog within thirty (30) days of the designation.
PROCEDURE FOR DANGEROUS DOG HEARING
A.
If a dog owner appeals the decision of the animal control officer, the Code
Enforcement Hearing Officer shall hold a hearing to decide if the dog should
be declared dangerous. The hearing shall be held not sooner than five (5)
days nor later than twenty (20) days from the date upon which the owner of
said dog claims the dog in writing. At the hearing, the dog owner or his
owner representative and any other interested person may present any
evidence relevant to a determination of whether said dog is dangerous.
B
The Code Enforcement Hearing Officer shall hear and consider the evidence
presented at said hearing and make a determination as to whether or not the
dog is a dangerous dog. In making a determination, the Code Enforcement
Hearing Officer must make a finding as to whether or not the dog has
inflicted a "severe injury".
C.
If a dog is found by the Code Enforcement Hearing Officer to have
aggressively attacked and caused severe injury or death to any human, the
dog shall be found to be dangerous, held for ten (10) business days after the
owner is given written notification, and thereafter destroyed in an
expeditious and humane manner.
D.
If a dog that has previously been declared dangerous by the Code
Enforcement Hearing Officer or another jurisdiction is found by the Code
Enforcement Hearing Officer to have attacked or bitten or a domestic animal
without provocation, the dog shall be held for ten (10) business days after
the owner is given written notification, and thereafter destroyed in an
expeditious manner.
E.
If the Code Enforcement Hearing Officer determines that a dog is
dangerous, but has never previously been declared dangerous and has not
inflicted a severe injury it shall enter an order that the dog be destroyed in
an expeditious and humane manner or be released upon conditions. If the
Code Enforcement Hearing Officer determines that said dog is dangerous
and allows the dog to be released, the owner shall obtain a valid Certificate
of Registration for Dangerous Dog prior to the dog being released. Any
order providing for a dog's release to its owner or otherwise, shall be subject
to such conditions as the Code Enforcement Hearing Officer shall impose.
Violation of any of the conditions imposed shall constitute a violation of
this Ordinance and be punishable as such. Violation of any conditions shall
also be sufficient grounds for the animal control officer to obtain an
additional pick up order from a court of competent jurisdiction. The Code
Enforcement Hearing Officer shall thereupon hold an additional hearing to
determine further disposition of the dog.
F.
Any order which provides for the destruction of a dog shall include a date
before which the destruction of the dog shall not take place. All decisions
of the Code Enforcement Hearing Officer shall be final and subject to
review only by a court of competent jurisdiction upon petition of the owner.
The destruction of the dog may be stayed pending court review, only by
court order or by the Code Enforcement Hearing Officer, upon payment by
the owner of all impoundment and other fees incurred to the date specified
and, in the event the dog is being confined at the animal shelter, advanced
payment of such fees as would accrue in the succeeding six (6) month
period. If court review should exceed six (6) months, the owner shall be
required to pay, at the expiration of the initial six (6) month period, and
every month thereafter, one (1) month fees in advance. At the time the dog
is released from impoundment by court order or destroyed, any excess fees
shall be refunded to the owner within thirty (30) days. The owner of said
dog shall be responsible for all impoundment and other fees incurred
regardless of the final determination of the Code Enforcement Hearing
Officer or the court. All costs of impounding the dog shall be paid by the
owner prior to release of the dog.
(Ord. No. 2002-12; § 5, 11-21-2002)
18.28.00
CONFINEMENT OF DOGS DECLARED DANGEROUS BY THE ANIMAL
CONTROL OFFICER OR ANIMAL CONTROL BOARD
A.
A dog which has been declared dangerous by the animal control officer or
the Code Enforcement Hearing Officer shall be kept securely confined in
one (1) of the following ways:
1.
The dog may be securely confined inside the owner's residence.
2.
The dog may be securely confined inside a pen constructed on the
owner's property according to the following specifications:
a.
The floor shall consist of a concrete pad, no less than four
feet (4') by eight feet (8') (thirty-two (32) square feet).
b.
The sides must consist of chain link at least six feet (6') in
height.
c.
The top must be enclosed and provide adequate shade and
protections from the elements.
d.
The structure must have secure sides and a secure top to
prevent the dog from escaping over, under or through the
structure.
e.
The gate must be lockable and remain locked when the dog
is penned and must be suitable to prevent the entry of young
children and designed to prevent the dog from escaping;
provided, however, that before the release of said dog from
the animal control officer, the pen must be completed and
inspected by the animal control officer. The owner shall have
the sole responsibility to contact the animal control officer to
arrange for the inspection.
f.
A perimeter fence shall be installed around the animal's pen
to deny direct contact with the dog.
(Ord. No. 2002-12; § 6, 11-21-2002)
B.
The dog shall be kept in a locked pen or inside the owner's residence when
the owner is not present on the property. If the animal is kept inside the
owner's residence, all windows shall be closed and maintained to ensure that
the animal remains inside the residence.
C.
The dog shall not be let outside the residence or pen unless the dog is
muzzled and restrained by a substantial chain or leash and under control of
a competent person. The muzzle shall be made in a manner that will not
cause injury to the dog or interfere with its vision or respiration but shall
prevent it from biting any person or animal. The owner may exercise the
dog in a securely fenced or enclosed area without a muzzle or leash if the
dog remains within sight of the owner and only members of the owner's
immediate household or persons eighteen (18) years of age or older are
allowed in the enclosure when the dog is present.
D.
The premises at which the dog is located shall must be posted by the owner
with a clearly visible warning sign at all entry points that informs both
children and adults of the presence of a dangerous dog on the property.
E.
F.
18.29.00
Prior to release to the owner, the owner shall show proof that the dog meets
the following requirements:
1.
Current rabies vaccination.
2.
Current Pet License.
The owner shall immediately notify the animal control officer if the dog:
1.
Is loose or unconfined.
2.
Has bitten a human being or attacked another animal.
3.
Is sold, given away or dies.
4.
Is moved to another address.
G.
Prior to the dog being sold or given away, the owner shall provide the name,
address and telephone number of the new owner to the animal control
officer.
H.
When being transported, the owner shall insure dog is safely and securely
restrained within a motor vehicle or trailer.
REPORTING ANIMAL BITES
It shall be the duty of every attending practitioner licensed to practice medicine,
osteopathic medicine, or veterinary medicine or any other person knowing of or in
attendance on a case to promptly report to the Volusia County Health Department
every instance in which a person is bitten by an animal.
18.30.00
CAPTURE, IMPOUNDMENT, ETC. OF ANIMALS WHICH BITE PEOPLE
A.
Any rabies susceptible animal which is reported to have bitten a person shall
be captured alive, if possible, or taken into custody pursuant to this article.
If the animal is subject to the jurisdiction of the State of Florida, it shall be
placed under the surveillance of the Volusia County Health Department or
their authorized representative and shall be handled pursuant to State law
and State Rules and Regulations. If not subject to State jurisdiction, such
animal shall be impounded and quarantined by the animal control officer
while the applicable procedures are followed to determine whether the
animal is a fierce or vicious animal or a dangerous animal.
B.
In the event the animal is killed, a report of the conditions and reasons for
killing the same shall be filed by the animal control officer with the Volusia
County Health Department within ten (10) days of such killing.
18.31.00
C.
If the animal is deemed unowned, it shall either be quarantined for a period
of time necessary to determine if it has rabies, or be immediately destroyed
in a humane fashion, and its head detached without mutilation. The head
shall immediately be submitted to the nearest appropriate State Laboratory.
D.
If the animal is claimed by its owner, the animal shall not be released until
it has been quarantined for a period of ten (10) days or such longer period
as the animal control officer determines is necessary to determine the
presence of rabies. In the event there is no licensed vaccine available for the
species of animal being held and the necessary incubation period would, in
the opinion of the animal control officer, unnecessarily jeopardize the health
or life of the bite victim, then the animal shall be immediately destroyed and
the head shall immediately be submitted to the nearest appropriate State
Laboratory. If, at any time during the period the animal is impounded, it is
determined by the animal control officer that the animal has rabies, the
animal shall immediately be destroyed. The owner shall be notified of the
provisions of this Section at the time the animal is claimed. Failure to
provide this notice shall not impose any civil or criminal liability upon the
City, its agents or employees.
DISPOSITION OF DEAD ANIMALS; REQUIRED PROCEDURE
A.
When any animal dies on public or private property, it shall be the
responsibility of the owner of said animal or the owner of said private
property to remove and dispose of said animal immediately. Should the
owner not be aware of said animal's presence, the following procedures shall
be followed:
1.
When any dead animal is found upon public property, the owner of
the said animal shall remove and dispose of said animal, upon
notification by the animal control officer or any law enforcement
officer, so as not to constitute a nuisance. If the owner of said animal
should fail to do so within a reasonable time, the City shall remove
and dispose of said animal and charge the cost of said removal and
disposal and of all fines resulting from any violation of the article to
the owner of said animal if known.
2.
When any dead animal is found upon private property, the owner of
said animal or the owner of said property shall remove and dispose
of said animal, upon notification by the animal control officer or any
law enforcement officer, so as not to constitute a nuisance. If the
owner of said animal or the owner of said property shall fail to do so
within a reasonable time, the City shall remove and dispose of said
animal and charge the cost of said removal and disposal to the owner
of said animal if known, and if not known, then to the owner of said
property. The owner shall bear all costs of removing and disposing
of the animal and shall pay all fines associated with any violation of
this article.
3.
18.32.00
Any person who knows that he or she has struck an animal with a
vehicle shall immediately notify either the owner of the animal, City
Police or the Animal Control Officer.
IMPOUNDING, DISPOSING OF AND REDEEMING ANIMALS
A.
B.
When any rabies-susceptible animal is found without a current tag, or when
any animal is found in violation of any provision of this article, said animal
may be taken into custody by the animal control officer impounded and
disposed of as follows:
1.
Where such animal bears no indicia of ownership, said animal shall
be confined by the animal control officer at an impounding or
holding facility or animal shelter for three (3) days from the date said
animal is taken into custody. At the expiration of said three (3) days,
if no owner has appeared to claim said animal, said animal shall be
deemed unowned and destroyed in a humane fashion or otherwise
disposed of alive.
2.
Where such animal bears an indicia of ownership, the animal control
officer shall make a good faith effort to notify the owner by means
of telephonic communication and notify the owner of said animal by
certified mail, return receipt requested, of the animal's
impoundment. Said animal shall be confined by the animal control
officer for three (3) days from the date said certified mail return is
received. At the expiration of said three (3) days, if no owner has
appeared to claim said animal, said animal shall be deemed unowned
and destroyed in a humane fashion or otherwise disposed of alive.
Live animals may not be disposed of to any medical school, college,
university, person, firm, association or corporation, for experimentation or
vivisection purposes, or to any person provided, selling or supplying dogs
and cats and other animals to any medical school, college, university person,
firm, association or corporation for experimentation or vivisection purposes.
1.
C.
Live animals that are found by the animal control officer, or a
licensed veterinarian to be ill or injured so seriously that medical
treatment would needlessly prolong the animal's life, may be put to
death, provided that the animal bears no indicia of ownership.
Animals shall be released to owners only upon presentation of proof of
ownership and after proper inoculation, licensing, and payment of all
impounding fees, fines for any violation of this article, "in-heat" fees and
such other fees as the City Commission shall establish from time to time by
resolution.
D.
18.33.00
18.34.00
18.35.00
At the discretion of the animal control officer, animals may be disposed of
by adoption, under conditions specified by the animal control officer. Those
animals may be adopted by agreement in writing to the conditions of
adoption and payment of such fees as may be established by resolution of
the City Commission.
ANIMALS EXEMPT FROM ARTICLE
A.
The licensing provision of this article shall not apply to greyhounds kept,
maintained or brought into City for the purpose of racing at licensed
greyhound tracks; animals used as part of entertainment acts when properly
controlled, nor shall said provisions apply to animals remaining in the City
for a period of less than thirty (30) days; or to livestock, or to purebreds
kept, maintained or brought into the City for the purpose of training;
provided, however, that nothing in this Section shall prohibit the demand
for proof of vaccination done in another state, and failure to provide said
proof upon demand shall require said animal to be vaccinated under the
provisions of this article upon order of the animal control officer.
B.
During legally declared hunting seasons, as the same shall be designated
from year to year by the appropriate State agency or the Legislature, hunting
dogs shall not be deemed to be at large when engaged in a hunt or at-large
as a result of a hunt.
LICENSE TAG REQUIRED/OTHER PETS
A.
Every person owning, keeping, harboring or controlling any rabiessusceptible animal within the City, or bringing any rabies-susceptible
animal, except livestock, into the City, shall within thirty (30) days of
bringing such animal into the City, register said rabies-susceptible animal,
except livestock, with the City and obtain a license tag number.
B.
The required license tag shall be worn by the rabies-susceptible animal at
all times unless a licensed veterinarian or the animal control officer shall
certify that the wearing of said tag is impossible, impractical or dangerous
to the particular type of animal involved.
C.
The City Commission may assess fees for the purpose of administering the
provisions of this article by adopting a resolution establishing said fees.
IMPOUNDMENT, QUARANTINE, ETC. WHEN
HAVING RABIES
SUSPECTED
OF
18.36.00
18.37.00
A.
Any rabies-susceptible animal suspected of having rabies shall be
impounded at the owner's expense at a place designated by the animal
control officer.
B.
Any rabies-susceptible animal bitten by a known rabid animal shall be
placed under the surveillance of the Volusia County Health Department,
or their authorized representative, and shall be handled pursuant to State
Law and State Rules and Regulations.
C.
It is unlawful for any person who shall fail to surrender any animal that
is unvaccinated for rabies for quarantine as required herein, when demand
is made therefore by the Volusia County Health Department or animal
control officer.
COMMERCIAL LICENSE REQUIRED
A.
It is unlawful for any person owning or operating a commercial kennel
within the City to fail to register said kennel with the animal control
officer and obtain a license.
B.
Licenses f o r commercial kennels shall be issued after payment of such
license fee as shall be established by duly adopted resolution of the City
Commission. If the license is not secured within sixty (60) days after the
kennel becomes subject to these licensing provisions, or within sixty (60)
days after the expiration date of the prior licensing period, such penalty
fee as shall be established by duly adopted resolution of the City
Commission shall be added to the cost of the license.
C.
The fee for any license issued to a kennel first becoming subject to the
licensing provisions after March thirty-first of any calendar year shall be
one-half (1/2) the full fee for that year.
D
If a license is lost or damaged, the kennel may secure a duplicate by
making payment of such fee as shall be established by duly adopted
resolution of the City Commission.
E.
A license for commercial kennels shall be issued for each fiscal year
beginning October first and ending September thirtieth upon a payment
of the proper fee.
F.
All licenses for commercial kennels shall have a number and show their
expiration date.
G.
The license required by this article shall be prominently displayed in the
kennel's premises and be readily available for public inspection.
CARE OF ANIMALS IN LICENSED KENNEL
18.38.00
A.
Every person owning and operating a commercial kennel within the City
shall properly feed and care for all animals in their custody. The premises
of said kennel shall be periodically inspected during reasonable business
hours by the animal control officer who shall issue a notice of violation if
any kennel is found in violation of any requirement of this article. Said
premises shall be reinspected within three (3) days after issuance of said
notice of violation.
B.
The failure to correct said violation after notice shall be unlawful and the
animal control officer may choose to close the kennel and revoke its license
and/or file a complaint with the State Attorney's Office. No new license shall
be issued to the owners of the kennel for a period of three (3) years, unless
found not guilty on all charges filed by the State Attorney or said restriction
is waived by the animal control officer upon a showing of rehabilitation by
the applicant. The animal control officer can place such conditions on the
issuance of such a license as he deems necessary to protect the public
interest.
NONCOMMERCIAL KENNELS EXEMPT
Noncommercial kennel shall be exempt from the licensing requirements of this
article; provided, it is unlawful for the owner or operator of any noncommercial
kennel to allow said kennel to become a nuisance or to emit such offensive odors
or noises as shall disrupt the comfort, peace, quiet or repose of any person residing
in the vicinity of said kennel. A canine hobby breeder shall be deemed a
noncommercial kennel for the purposes of this article.
18.39.00
HOUSING
A.
Housing facilities for animals shall be structurally sound and shall be
maintained in good repair, to protect the animals from injury, to contain,
and to restrict the entrance of other animals.
B.
Any bedding utilized shall be clean and dry. All animal rooms, cages,
kennels, shipping containers, and runs shall be of sufficient size to provide
adequate and proper accommodations and protection from the weather for
the animals kept within.
C.
Cages. All cages are to be constructed of a non-absorbent porous material.
All cages, except bird cages, shall have floors of either solid construction or
woven or wire mesh construction or any combination thereof. Cages having
woven or wire mesh floors may be used to confine animals provided that
the spaces between the wire mesh or weave are smaller than the pads of the
feet of the animals confined therein. Cages having wire construction shall
be constructed of wire which is of sufficient thickness so as to preclude
injury to the animals confined therein. Cages shall be of sufficient height to
permit every animal confined therein to stand, turn and to lie down flat. No
cages shall be enclosed entirely by solid walls. Stacked cages shall have
solid floors.
18.40.00
D.
Separation of animals by Species. Animals, except fish, of different species
may not be confined or displayed in the same cage. All animals which are
natural enemies, temperamentally unsuited, or otherwise incompatible shall
not be quartered together or so near each other as to cause injury, fear or
torment. If two (2) or more animals are so trained or inclined by nature that
they can be placed together and do not attack each other or perform or
attempt any hostile act to the others, such animals shall be deemed not to be
natural enemies and shall not be required to be kept in separate runs or
accommodations or otherwise segregated.
E.
Ventilation and Lighting. All areas in which animals are confined shall be
connected to an outside ventilating system or some other appropriate means
of ventilation and air filtration shall be provided. The area shall be
illuminated during the daylight hours but not directly into cages.
F.
Whenever an animal is left unattended at a commercial animal facility, the
name and telephone number of the responsible person shall be posed in a
conspicuous place at the front of the property, visible from outside the
facility.
STANDARDS FOR CARE
A.
Every licensed facility shall keep a permanent record of the deaths of any
warm-blooded animals, excluding rodents, under its control. Such record
shall state species of the deceased animal and the date and the cause of
death, if known. These records shall be open to inspection by the animal
control officer.
B.
Disease or illness. Any animal which exhibits symptoms of disease or
illness shall be separated to the greatest extent possible from other healthy
animals. No animal which is known to have, or may reasonably be suspected
of having, a disease contagious or communicable to humans, may be
exposed to or offered for sale to the public.
C.
Drinking Water. Fresh water shall be continuously available to all animals
and replaced whenever necessary during each day, including Sundays and
Holidays.
D.
Feeding. All animals requiring the daily intake of food shall be fed at least
once every twenty-four-hour period, including Sundays and holidays. The
type of food provided shall be appropriate for each particular species and
shall be of sufficient nutritive content for the health and well-being of the
species.
E.
Sanitation. All areas of confinement, display and sales and storage areas
shall be maintained in a healthful and sanitary condition. These areas shall
be cleaned and disinfected regularly as conditions warrant. Feed and water
dishes shall be emptied and cleaned at least one daily, including Sundays
and holidays.
F.
Treatment. All animals exhibiting symptoms of illness or disease shall be
treated by a licensed veterinarian. If required, diseased animals shall be
humanely destroyed under the supervision of a licensed veterinarian or
animal control officer.
G.
No animal shall be transported by private or public means in an open
vehicle, unless short tethered in the open bed of a pickup truck or housed in
a container designed for that purpose including provisions for adequate
ventilation and food and water. If a container is used, the container shall
have an open grill at one end, have a solid top and bottom and a minimum
of fifteen percent (15%) of the total accumulated side and end area shall
incorporate an open grill for air circulation.
H.
Every licensed facility shall keep on record a medical statement from or
notation of consultation with a licensed veterinarian, if for any reason an
animal in its care would need to be exempted from any requirement of this
Section.
I.
Dogs which have been weaned shall be taken from cages and allowed to
exercise at least three (3) times per day, including Sunday and holidays.
J.
Dogs and cats under six (6) months of age shall be fed at least twice each
twenty-four (24) hours, including Sundays and holidays.
K.
Cats, if crated, shall have a minimum area of floor space 576 square inches,
and a height of twenty-four inches (24") and the crate shall contain a litter
pan. Replacement crates and new crates shall have six hundred seventy two
square inches (672") of floor area.
L.
All cages in which simians are confined shall be at least twice the height of
the tallest simian confined therein.
M.
Each bird cage shall contain at least two (2) horizontal perches and provide
sufficient perch space for every bird confined therein. Perches shall not be
aligned vertically.
N.
In addition to birdseed and water, each bird cage shall contain an amount of
fresh gravel needed for digestion sufficient for the number of birds confined
therein.
O.
Parrots and other large birds shall not be confined in a cage with smaller
birds, or in a cage smaller than their wing span.
ARTICLE 19
CIVIL EMERGENCIES
19.00.00
GENERAL
19.00.01
Reserved
19.01.00
CONTINUITY OF GOVERNMENT
19.01.01
Declaration of Policy
19.02.00
DEFINITIONS
19.03.00
DESIGNATION
19.04.00
QUALIFICATIONS
19.04.01
Status
19.05.00
ASSUMPTION OF POWERS AND DUTIES OF OFFICER
19.06.00
RECORDING AND PUBLICATION
19.07.00
FORMALITIES OF TAKING OFFICE
19.08.00
QUORUM AND VOTE REQUIREMENTS
ARTICLE 19
CIVIL EMERGENCIES32
19.00.00
GENERAL
19.01.00
CONTINUITY OF GOVERNMENT33
19.01.01
Declaration of Policy
Because of the existing possibility of an attack upon the United States of
unprecedented size and destructiveness, including the inevitable hazards of
radioactive contamination, and in order, in the event of such an attack, to assure the
continuation of effective, legally constituted leadership, authority and responsibility
in the offices of the government of this city, it is found and declared, by the City
Commission of the city to be necessary to provide for emergency interim officers
who can exercise the powers and discharge the duties of the key executive,
administrative, legislative and judicial offices of this city in the event that the
incumbents thereof (and their deputies, assistants or other subordinate officers
authorized, pursuant to law, to exercise all of the powers and discharge the duties
of such offices) are killed, missing, disabled, or for some other cause unable to
perform the duties and functions of their offices during and immediately after an
enemy attack.
(Ord. No. 61-3, 9-7-61)
19.02.00
DEFINITIONS
As used in this article, unless the context otherwise clearly indicates:
Attack shall mean any attack or series of attacks by an enemy of the United States
causing, or which may cause, substantial damage or injury to civilian property or
persons in the United States in any manner, by sabotage or by the use of bombs,
missiles, shellfire, or atomic, radiological, chemical, bacteriological, or biological
means or other weapons or processes.
32
Cross references--Fire prevention and protection. Art. 20; police, Art. 28; administration, Art. 16.
State law references--State Disaster Preparedness Act., F.S. Ch, 252: state of emergency declaration by
local authorities. F.S. §§870.041, 870.048.
33
State law reference--Emergency continuity of government, F.S. Ch. 22.
Duly authorized deputy shall mean a person who is presently authorized to perform
all of the functions, exercise all of the powers and discharge all of the duties of an
office in the event the office is vacant or at such times as it lacks administration due
to the death, absence or disability of the incumbent officer.
Emergency interim successor shall mean a person designated pursuant to this article
for possible temporary succession to the powers and duties, but not the office, of a
city officer if that officer or any duly authorized deputy is unavailable to exercise
the powers and discharge the duties of the office.
Unavailable shall mean either that a vacancy in office exists and there is no deputy
authorized to exercise all of the powers and discharge the duties of the office, or
that the lawful incumbent of the office (including any deputy exercising the powers
and discharging the duties of an office because of a vacancy) and his duly
authorized deputy are absent or unable, for physical mental or legal reasons, to
exercise the powers and discharge the duties of the office.
(Ord. No. 61-3, § 2, 9-7-61)
19.03.00
DESIGNATION
A.
Elective officers. Within thirty (30) days after first entering upon the duties
of his office, the mayor and each member of the City Commission shall, in
addition to any duly authorized deputy, designate such number of
emergency interim successors to his office and specify their rank in order of
succession after any duly authorized deputy so that there will be not less
than three (3) duly authorized deputies or emergency interim successors or
combination thereof for the office.
B.
Appointive officers. The City Commission shall-within the time specified in
section A., in addition to any duly authorized deputy, designate for
appointive officers including the City Clerk, City Attorney and Town
Marshall such number of emergency interim successors to these officers and
specify their rank in order of succession after any duly authorized deputy so
that there will be not less than three (3) duly authorized deputies or
emergency interim successors or combination thereof for each officer.
C.
Review of designations. The incumbent in the case of those elective officers
specified in section A, and the City Commission in the case of those
appointive officers specified in section B, shall review and, as necessary,
promptly revise the designations of emergency interim successors to insure
that at all times there are at least three (3) such qualified emergency interim
successors or duly authorized deputies or any combination thereof for each
officer specified.
(Ord. No. 61-3, § 3(a)-(c), 9-7-61)
19.04.00
Qualifications
No person shall be designated or serve as an emergency interim successor unless
he may under the constitution and statutes of this and the Charter or Code of this
city, hold the office of the person to whose powers and duties he is designated to
succeed, but no provision prohibiting an officer or employee of this city from
holding another office shall be applicable to an emergency interim successor.
(Ord. No. 61-3, § 3(d), 9-7-61)
19.04.01
Status
A person designated as an emergency interim successor holds that designation at
the pleasure of the designator; provided, that he must be replaced if removed. He
retains this designation as emergency interim successor until replaced by another
appointed by the authorized designator.
(Ord. No. 61-3, § 3(e), 9-7-61)
19.05.00
Assumption of Powers and Duties of Officer
If in the event of an attack, any officer named in section 19.03.00 and any duly
authorized deputy is unavailable, his emergency interim successor highest in rank
in order of succession who is not unavailable shall, except for the power and duty
to appoint emergency interim successors, exercise the powers and discharge the
dunes of such officer. An emergency interim successor shall exercise these powers
and discharge these duties only until such time as the lawful incumbent officer or
any duly authorized deputy or an emergency interim successor higher in rank in
order of succession exercises, or resumes the exercise of, the powers and discharge
of the duties of the office, or until, where an actual vacancy exists, a successor is
appointed to fill such vacancy or is elected and qualified as provided by law.
(Ord. No. 61-3, § 4, 9-7-61)
19.06.00
RECORDING AND PUBLICATION
The name, address and rank in order of succession of each duly authorized deputy
shall be filed with the City Clerk and each designation, replacement, or change in
order of succession of an emergency interim successor shall become effective when
the designator files with the City Clerk the successor's name, address and rank in
order of succession. The City Clerk shall keep on file all such data regarding duly
authorized deputies and emergency interim successors and it shall be open to public
inspection.
(Ord. No. 61-3, § 5, 9-7-61)
19.07.00
FORMALITIES OF TAKING OFFICE
At the time of their designation, emergency interim successors shall take such oath
and do such other things, if any, as may be required to qualify them to exercise the
powers and discharge the duties of the office to which they may succeed.
(Ord. No. 61-3. § 6, 9-7-61)
19.08.00
QUORUM AND VOTE REQUIREMENTS
In the event of an attack, quorum requirements for the City Commission shall be
suspended, and where the affirmative vote of a specified proportion of members for
approval of an ordinance, resolution or other action would otherwise be required,
the same proportion of those voting thereon shall be sufficient.
(Ord. No. 61-3, § 7, 9-7-61)
ARTICLE 20
FIRE PREVENTION AND PROTECTION
20.00.00
GENERAL
20.01.00
FIRE PREVENTION CODE
20.01.01
Adoption of Standard Fire Prevention Code
20.01.02
Adoption of Life Safety Code
20.02.00
FIRE DISTRICT
20.02.01
Agreement
20.02.02
Governing Body of District
20.02.03
Millage Levy
ARTICLE 20
FIRE PREVENTION AND PROTECTION34
20.00.00
GENERAL
20.01.00
FIRE PREVENTION CODE
20.01.01
Adoption of Standard Fire Prevention Code
The Standard Fire Prevention Code, 1982 edition published by the Southern
Building Code Congress International, Inc., is hereby adopted by the City.
(Ord. No. 81-11, § I 11-5-81)
20.01.02
Adoption of Life Safety Code
The Life Safety Code 101, 1981 edition, published by the National Fire Protection
Association, is hereby adopted by the City.
(Ord. No. 81-11, § I, II, 11-5-81)
20.02.00
FIRE DISTRICT
20.02.01
Agreement
The City hereby consents to the establishment of a fire district as described in
Volusia County Ordinance No. 80-42 which district shall include the City.
(Ord. No. 81-2, § I 3-19-81)
20.02.02
Governing Body of District
The County Council of Volusia County shall be the governing body of the district. (Ord. No. 81-2,
§ II, 3-19-81)
20.02.03
Millage Levy
The millage levied within the district shall be included with the millage cap for
34
Cross reference--buildings and building regulations, Art. 15.
State law references--Fire prevention and control, F.S. Ch. 633: local fire chief authorized to
enforce laws and rules of state fire marshall, F.S. § 633.121.
municipal purposes authorized and limited by the Constitution and laws of the
state.
(Ord. No. 81-2, § III, 3-19-81)
ARTICLE 21
GARAGE SALES AND YARD SALES
21.00.00
SHORT TITLE
21.01.00
PURPOSE
21.02.00
DEFINITION
21.03.00
TIME LIMIT
21.04.00
PERMIT
21.05.00
SIGNS
ARTICLE 21
GARAGE SALES AND YARD SALES
21.00.00
SHORT TITLE
This chapter shall be known as the "Lake Helen Garage Sale and Yard Sale
regulation Ordinance."
(Ord. No. 87-1. § I, 2-5-87)
21.01.00
PURPOSE
The purpose of this chapter is to protect the public health and safety by imposing a
set of regulations, guidelines and rules pertaining to garage sales and yard sales
within the City of Lake Helen, Florida.
(Ord. No. 87-1, § II, 2-5-87)
21.02.00
DEFINITION
A garage sale or a yard sale shall be defined as a sale by a resident of the City of
Lake Helen, Florida, of items of personal property belonging to said resident,
whereby such sale occurs and is held at the residential site of the resident conducting
or sponsoring said sale.
(Ord. No. 87-1, § III 2-5-87)
21.03.00
TIME LIMIT
Garage sales or yard sales must not be held for more than two (2) consecutive eighthour days and may not be conducted by any resident more than once every six (6)
months. Said sales shall not be conducted by any nonprofit organization more than
once every three (3) months.
(Ord. No. 87-1, § IV, 2-5-87)
21.04.00
PERMIT
Garage sales or yard sales shall not be held without the resident first obtaining a
permit from the City Clerk's office of the City of Lake Helen, Florida, which shall
set forth the date, time and place of said sale and shall contain the signature of the
City Clerk. The city permit shall be publicly displayed at the sale. The fee for said
permit is five dollars ($5.00).
(Ord. No. 87-1, § V, 2-5-87)
21.05.00
SIGNS
One (1) sign of four (4) square feet in area shall be permitted to be displayed
advertising said sale, and it shall be located on the property of the resident
conducting said sale and shall not be placed on the public right-of-way. This sign
shall be temporary in nature and shall be removed immediately upon conclusion of
said sale.
(Ord. No. 87-1, § VI, 2-5-87)
ARTICLE 22
HEALTH AND SANITATION35
22.00.00
GENERAL
22.00.01
Legislative Findings, Ordinance Number 2010-01
22.00.02
Prohibition
22.00.03
Sanitary nuisances defined
22.00.04
Sanitary nuisances generally injurious to health
22.01.00
MANDATORY SOLID WASTE COLLECTION
22.01.01
Creation
22.01.02
Purpose
22.01.03
Prima facie evidence of the accumulation of solid waste.
22.01.04
Definitions
22.02.00
PROHIBITED ACTS
22.03.00
MANDATORY SERVICE
22.04.00
SOLID WASTE COLLECTION CONTRACTS
22.05.00
PLACEMENT AND
RECYCLABLES
22.05.01
Points of Collection
22.05.02
Procedures for Storage, Placement and Collection
22.06.00
FREQUENCY OF COLLECTION
22.07.00
HOURS OF OPERATION FOR COLLECTION
35
COLLECTION
OF
SOLID
WASTE
AND
Cross references--Animals, Art. 18; junked, abandoned property, Art. 23; police, Art. 28; regulations of wells,
§3.03.00 et. seq.
State law references--Public health, F.S. Ch. 381; sanitary nuisances. F.S. § 386.01 et. Seq; mosquito control,
F.S. Ch. 388.
22.08.00
COLLECTION RATES AND BILLING PROCEDURES
22.09.00
VIOLATIONS AND ENFORCEMENT
ARTICLE 2236
HEALTH AND SANITATION
22.00.00
GENERAL
22.00.01
Legislative Findings, Ordinance Number 2010-01
WHEREAS, on April 1, 2010, the City Commission of the City of Lake
Helen discussed the desirability of amending Article 22. Health and Sanitation, of
the Code of Ordinances of the City of Lake Helen, and
WHEREAS, the City Commission determined that Article 22 should be
amended to: reflect currency and consistency with present day solid waste
management and recycling practices and definitions, eliminate conflicts and
redundancies between Article and the City's solid waste and recycling franchise
agreement, allow for greater flexibility in the provision of different levels of solid
waste and recycling services, and improve city aesthetics through the establishment
of enhanced controls for the placement of solid waste for collection purposes.
(Ord. No. 2010-01; §1, 5-10-2010)
22.00.02
Prohibition
It shall be unlawful for any person to commit, create, keep, maintain, or permit to
be kept or maintained, any sanitary nuisance or any nuisance injurious to health
within the limits of the city.
22.00.03
Sanitary nuisances defined
A sanitary nuisance is the commission of any act by a person, or the keeping,
maintaining, propagation, existence or commission of anything by a person, by
which the health or life of any person, or the health or lives of any person may be
threatened or impaired, or by which or through which, directly or indirectly, disease
may be caused.
22.00.04
Sanitary nuisances generally injurious to health
The following conditions existing, permitted, kept, maintained or caused by any
person shall constitute prima facie evidence of maintaining a nuisance injurious to
health:
A.
36
Untreated or improperly treated human waste, garbage, offal, dead animals,
or dangerous waste materials from manufacturing processes harmful to
human or animal life, and air pollutants, gases and noisome odors, which
(Ord. No. 2010-01; § 2, 5-20-2010)
are harmful to human or animal life;
B.
Improperly built or maintained septic tanks, water closets or privies:
C.
The keeping of diseased animals dangerous to human health;
D.
Unclean or filthy places where animals are slaughtered or maintained;
E.
The creation, maintenance or causing of any condition capable of breeding
or harboring flies, , mosquitoes, or other arthropods or rodents capable of
transmitting diseases directly to humans.
F.
Any other condition determined to be a sanitary nuisance as defined in
Section 386.01, Florida Statutes.
22.01.00
MANDATORY SOLID WASTE COLLECTION
22.01.01
Creation
Under authority of Chapter 166 of the Florida Statutes there is hereby enacted the
City of Lake Helen Mandatory Solid Waste and Recyclables Collection and
Disposal Ordinance.
22.01.02
Purpose
The purpose of this article is to assure that all solid waste generated and
accumulated within the City shall be collected, removed and disposed of by an
authorized Collector, except as otherwise provided herein, in a proper, sanitary, and
efficient manner, to eliminate illegal dumping within the City and promote the
general health, safety and welfare of the citizens of the City of Lake Helen, Florida,
together with the goals and objectives of the State of Florida Solid Waste
Management Act of 1988, and subsequent amendments thereto.
22.01.03
Prima facie evidence of the accumulation of solid waste.
The fact that any real property is improved, occupied and located within the
incorporated area of the City shall prima facie evidence that solid waste is being
generated or accumulated upon such property and, thus, is subject to the provisions
of this article.
22.01.04
Definitions
For the purpose of this article, the following definitions shall apply except as
otherwise agreed in the franchise agreement.
Bulk trash shall mean matter or debris resulting from tree removal, land clearing,
land development, building demolition or home improvement. Such waste may
include, but not necessarily be limited to, vegetative matter, carpeting, cabinets, dry
wall, lumber, paneling and other such construction materials and debris. Bulk trash
does not include automobiles and automotive components, boats, vehicle engines
and similar materials
Business shall mean and include all retail, professional services, personal services,
wholesale, institutional, agricultural and industrial enterprises, and other similar
enterprises offering goods or services to the public or other business enterprises.
City shall mean the City of Lake Helen, Florida.
City Commission shall mean the City Commission of the City of Lake Helen,
Florida.
Collection point shall mean the specific place at which solid waste and recyclables
are to be placed for collection.
Collector shall mean any person or entity that is franchised to engage in collection
or transportation of solid waste and or recyclables in the City of Lake Helen,
Florida.
Commercial container shall mean and include any metal container designed or
intended to be mechanically dumped into a waste collection vehicle used by the
Collector and varying in size from two (2) to eight (8) cubic yards.
Commercial improved property shall consist of, but not be limited to, improved real
property utilized for wholesale and retail sales, professional and personal services,
motels, hotels, mobile home or recreational vehicle parks, churches, recreation and
entertainment businesses, stores, offices, apartment and condominium properties
(not meeting the definition of multifamily dwelling unit), restaurants, service
stations and garages, laundries and other cleaning establishments, manufacturing,
industrial, agricultural and institutional businesses and uses, and any property
where construction or demolition is proceeding, other than routine residential
maintenance. For purposes of this article, the zoning of the property, whether the
activity is for profit or not, shall not affect its designation as commercial. The
franchise agreement between the City and the collector may establish subcategories
of commercial properties, based upon bona fide land use distinctions, which
categories may provide for surcharged rates and franchise fees.
Commercial refuse bin shall mean a large container (made of nonabsorbent
material, typically metal, for commercial solid waste or recyclable material, usually
of the two (2) cubic yard to eight (8) cubic yard size, and roll-off containers of large
capacities, which are emptied into collection vehicles by mechanical means.
Construction and demolition debris shall mean materials generally considered not
to be water soluble and nonhazardous in nature, including, but not limited to steel,
glass, brick, concrete, or asphalt roofing material, pipe, gypsum wallboard, and
lumber, from the construction or destruction of a structure as part of construction
or demolition project, and including rocks, soils, tree remains, trees, and other
vegetative matter which normally result from land clearing or land development
operations for a construction project.
Customer shall mean any person owning or occupying improved real property
within the city, and to whom solid waste collection and disposal service is provided.
Franchise shall mean a right to perform solid waste/recyclables collection and
disposal services granted, by the City Commission of the City of Lake Helen, to a
Collector.
Garbage shall mean all putrescible animal and vegetative waste resulting from
growing, processing, marketing and preparation of food items, including containers
in which packaged.
Garbage receptacle shall mean a container used for storage containment of solid
waste. The container shall be of not greater than thirty-five (35) gallon capacity, or
less than ten (10) gallon capacity, shall be free of jagged or sharp edges, shall be
watertight and of impervious material, shall be provided with tight-fitting cover
suitable to protect the contents from flies, insects, rats and other animals, shall be
fitted with two (2) handles by which it may be lifted, and shall not have any inside
structure that would prevent the free discharge of contents. Such receptacle may
also be a waterproof bag liner, which can be safely and securely closed, and which
is a type approved by the Collector and the City.
Hazardous waste shall mean waste which is defined, characterized or designated as
hazardous by the United States Environmental Agency, or Florida Department of
Environmental Protection, by or pursuant to Federal or State law.
Improved property shall mean all residential and commercial improved real
property, as herein defined that generates, or is capable of generating, solid waste.
Industrial waste shall mean any solid waste accumulations of metal, metal products,
minerals, chemicals, rock, cement, asphalt, tar, oil, grease, glass, crockery, rubber,
tires, bottles, cans, lumber, sawdust, waste from animal packing or slaughterhouses,
or other materials usually created by an industrial enterprise.
Infectious waste shall mean those wastes which may cause disease or reasonably be
suspected of harboring pathogenic organisms, included are wastes resulting from
the operation of medical clinics, hospitals and other facilities producing wastes
which may consist of, but are not limited to, diseased human and animal parts,
contaminated bandages, pathological specimens, hypodermic needles,
contaminated clothing and surgical gloves.
Junk shall mean any tangible items such as furniture, appliances, bicycles,
(excluding motor vehicles) or similar property not having a useful purpose to the
owner or abandoned by the owner and not included within the definitions of
garbage, garden trash, or rubbish.
Multifamily dwelling unit shall mean any building or structure containing six (6) or
more dwelling units.
Occupational waste shall mean solid waste generated on-the-job by non-stationary
businesses (e.g., lawn, landscaping and tree services, contractors, roofers, etc.)
Recyclable materials shall mean all newspapers, glass and bottles, metal cans
(aluminum and delabeled tin), plastic and such other recyclable materials as the
parties may agree in writing.
Recyclable container shall mean a container, used for the storage collection of
recyclable materials.
Refuse shall mean a combination of, or mixture of, garbage, trash, rubbish or any
other solid waste materials.
Residential improved real property shall mean a single-family residence or a
multifamily residential building comprised of less than six (6) dwelling units.
Roll-off container shall mean a container (open top or enclosed for compaction)
used for the collection and storage of construction and demolition debris, solid
waste and/or rubbish that can be picked up and transported on a specially equipped
truck to the disposal site.
Rubbish shall mean refuse and non-recyclable solid waste accumulations of any
nature other than garbage, which are usual to housekeeping and to the operation of
stores, offices and other business places.
Single-family residence shall mean any building or structure designed or
constructed for, and capable of, use as a residence for one (1) family, regardless of
the type of structure. Such term includes a mobile home or trailer that is erected on
a separate parcel of property and not located within a commercial rental park.
Solid waste shall mean a general term that includes the specific terms “garbage”,
“garden trash”, “junk”, “rubbish”, and “bulk trash”.
Special waste shall mean materials, or other waste, that is not stored in standard
storage containers and cannot be picked up by normally used collection vehicles,
and shall include, but is not necessarily limited to, such materials as major
appliances, furniture, building materials, large tree limbs, non-containerized trash
piles and any unusually large amount of refuse not suitable for containerization.
Street shall mean an open public or private right-of-way or dedicated right-of-way
with passable access.
Yard trash shall mean an accumulation of lawn, grass, or shrubbery cuttings, or
clippings and/or leaf rakings, palm fronds, small tree branches, bushes or shrubs,
green leaf cuttings, coconuts, fruits or other matter usually created as refuse in the
care of lawns, gardens and yards.
22.02.00
PROHIBITED ACTS
It shall be unlawful and an offense against the City of Lake Helen for any
unauthorized person to do any of the following:
A.
To place, or cause to be placed, any solid waste upon the property of
another.
B.
To place, or cause to be placed, any occupational waste for collection, unless
the non-stationary business that generated the waste has entered into a
commercial contract with the Collector for the collection of said waste.
C.
To deposit or dispose of any solid waste in or upon any public or private
street, sidewalk, right-of-way, or alley, or any stream, ditch, river, pond,
creek, park or public place in the city, except in authorized containers.
D.
To burn any solid waste generated or brought within the city unless all
applicable permits have been obtained.
E.
To place solid waste out for collection in any location not serviced by the
collector.
F.
To remove solid waste from any refuse bin or container, or from a collection
location or from curbside.
G.
To accumulate or cause to be accumulated any solid waste in or upon any
premises or lot owned by him or in his control for an unreasonable period
of time without providing for legal disposal.
H.
To place out for collection, unless specifically authorized by the City
Commission, any hazardous or infectious waste as defined herein. Said
waste shall be disposed of according to applicable law.
I.
To collect, pick up, cause to be picked up, steal or remove, unless authorized
by the City, any recyclable material placed for collection.
J.
To steal, remove, destroy, alter, misuse or damage any recycling container.
K.
To violate any provision of Section 403.413, Florida Statutes, entitled the
“Florida Litter Law”, and any subsequent amendment to the provisions of
said law.
22.03.00
MANDATORY SERVICE
The resident or occupant of each residential and commercial improved property
shall be required to have solid waste and recyclables collection. Should the City
Commission grant a franchise for the collection of solid waste and/or recyclables,
collection service shall be provided by the franchisee.
22.04.00
SOLID WASTE COLLECTION CONTRACTS
The City Commission may, at its discretion, enter into a solid waste and recyclables
collection contract, in the form of an exclusive or non-exclusive franchise, with a
Collector for the purpose of collection of solid waste and recyclable materials in the
City.
22.05.00
PLACEMENT AND
RECYCLABLES
22.05.01
Points of Collection
A.
COLLECTION
OF
SOLID
WASTE
AND
Residential customers.
Residential customers shall place garbage receptacles, bulk trash, yard trash,
special waste and recycling containers for collection at a point, unless
otherwise approved or designated by the City Commission, that is
immediately adjacent to and perpendicular to the customer’s principal
driveway entrance and immediately adjacent to and parallel with the street
or other right-of-way surface that provides access to the customer’s
property. Said point of collection shall be located on the side of the road,
easement or right-of-way nearest the customer’s residence and shall be
located no further than ten (10) feet from the customer’s principal driveway
entrance, nor closer than five (5) feet to the road, easement or right-of-way
surface that provides access to the customer’s property.
B.
Commercial customers.
Commercial customer shall place all solid waste and recyclables at a point
designated by the City, or in the absence of a point designated by the city,
at a point designated by the Collector, in consultation with the customer,
which will maximize economy in the collection of solid waste while
considering the public health and the convenience to the customer.
22.05.02
Procedures for Storage, Placement and Collection
A.
All non-recyclable solid waste generated by commercial customers shall be
placed by the customer in a commercial container, unless otherwise
approved for placement in a garbage receptacle by the City and the collector.
22.06.00
B.
All solid waste, other than waste placed in garbage receptacles, recycling
containers, commercial containers or roll-off containers, and special wastes
must be boxed, bagged or bundled. Waste placed in garbage receptacles,
recycling containers, boxes, bags and bundles shall not exceed sixty (60)
pounds in weight. Waste placed in bundles shall not exceed sixty (60)
pounds in weight, nor exceed six (6) feet in length.
C.
Plastic bags used as receptacles for solid waste containment purposes shall
be of sufficient strength to hold the contents, so as not to tear when being
placed in the collection vehicle.
D.
Residential customers shall place garbage receptacles, recycling containers,
bulk trash, yard trash and special wastes for collection no earlier than 8:00
a.m. on the day before a designated collection day. Garbage receptacles and
recycling containers shall be removed from the collection point by 8:00 a.m.
the morning following the designated collection day.
E.
When not placed for collection, garbage receptacles and recycling
containers shall be maintained at a location on the customer’s property that
is neither forward of the front of the building of the customer’s place of
business or place of residence, nor is closer than ten (10) feet from an
adjacent business or a residential property line.
F.
Each customer shall be provided one (1) plastic container used for te storage
collection of recyclable materials. In the event the recycling container is
lost, stolen, damaged or otherwise not available or usable, the customer shall
be responsible for the cost of replacing the container. Recyclables shall be
placed in recycling containers and said containers shall be placed separate
and apart from any other waste collection containers at the collection point.
The recycling containers remain the property of the city. Replacement of
recycling containers shall be for a fee as determined by the City
Commission.
G.
Hazardous infectious waste shall not, unless specifically authorized by the
City Commission, be placed for collection. Should the collector believe that
such placement has occurred, the collector shall refuse to collect said waste.
FREQUENCY OF COLLECTION
The frequency of solid waste and recyclables collection shall be as determined by
the City Commission.
22.07.00
HOURS OF OPERATION FOR COLLECTION
Hours of operation shall be as determined by the City Commission.
22.08.00
COLLECTION RATES AND BILLING PROCEDURES
The collection rates and billing procedures shall be as follows:
22.09.00
A.
Collection rates shall be as determined by the City Commission.
B.
The owner of each improved residential property shall be responsible for
the payment for solid waste and recyclables collection service. Such
payment shall be made by way of a non-ad valorem assessment on the
property owner’s tax bill.
C.
The owner or occupant of each commercial improved property shall be
responsible for the payment for solid waste and recyclables collection
service. Such payment shall be made directly to the City’s collection
franchisee.
VIOLATIONS AND ENFORCEMENT
Failure to comply with the requirements of this Article shall constitute a violation
of the Article. Violations of this Article shall be subject to enforcement action and
punishment in accordance with the enforcement provisions described in the Code
of Ordinances of the City of Lake Helen, as well as subject to enforcement action
and punishment provided for in any application State and Federal law.
ARTICLE 23
JUNKED, ABANDONED PROPERTY
3.00.00
GENERAL
23.01.00
PROHIBITION
23.02.00
DEFINITIONS
23.03.00
ENFORCEMENT
23.04.00
EXEMPTIONS
23.05.00
ABANDONED VEHICLES; PUBLIC NUISANCE
23.06.00
ABANDONED VEHICLE ON PUBLIC RIGHT-OF-WAY OR PRIVATE
PROPERTY; EXCEPTIONS, NOTICE
23.07.00
JURISDICTION
23.08.00
EFFECTIVE DATE
ARTICLE 23
JUNKED, ABANDONED PROPERTY37
23.00.00
GENERAL
23.01.00
PROHIBITION
It shall be unlawful for any person to keep, store, or cause or permit to be kept or
stored on any property within the city, any dismantled, partly dismantled,
nonoperative or discarded personal property, including but not by way of limitation,
discarded machinery, vehicles, boats or parts thereof, scrap metal or junk.
23.02.00
DEFINITIONS
As used in this section:
Abandoned property means wrecked or derelict property having no value other than
nominal salvage value, which has been left abandoned and unprotected from the
elements and shall include wrecked, inoperative, or partially dismantled motor
vehicles, trailers, boats, machinery, refrigerators, washing machines, plumbing
fixtures, furniture, and any other similar article which has no value other than
nominal salvage value, and which has been left abandoned and unprotected.
Abandoned vehicle means those vehicles that are inoperative, wrecked, partially
dismantled or otherwise mechanically incapable of being operated in their present
condition or without current state license tags, if required.
Enforcement officer means police chief, marshal, or any other officer designated by
law, charter, ordinance, or resolution of the governing body of the City of Lake
Helen to enforce the provisions of this section.
Local government means the City Commission of Lake Helen, Florida.
Public property means lands and improvements owned by the federal government,
the state, a county, or a municipality, buildings, grounds, parks, playgrounds,
streets, sidewalks, parkways, rights-of-way, and other similar property.
(Ord. No. 68-1, § 1, 2-14-68; Ord. No. 88-5, § 1, 4-7-88)
37
Cross References-Administration, Art. 16; buildings and building regulations, Art 15; health and sanitation,
Art.
22; planning, Art. 10; street, sidewalks and other public places, Art. 5; traffic and motor vehicles, Art. 29.
State law references-Seized, abandoned, wrecked or derelict property, F.S. Ch. 705; reporting of
unclaimed motor vehicles, F.S. § 715.05.
23.03.00
ENFORCEMENT
A.
Any person, firm or corporation whether as owner lessee, tenant, occupant,
or otherwise, who violates this chapter or permits any such violation or fails
to comply with any of the requirements hereof shall be punished in
accordance with section 125.69, Florida Statutes, or any amendments
thereto, by a fine not to exceed two hundred fifty dollars ($250.00). Each
day upon which such violation continues shall constitute a separate offense
hereunder. In addition to any other remedies, whether civil or criminal, the
violation of this chapter or any lawful order of the Code Enforcement Board
may be otherwise abated in any manner provided by law.38
(Ord. No. 2004-12; § 2; 8-4-12004)
B.
Any building inspector, code compliance officer, or duly constituted law
enforcement officer may assist in the enforcement of this chapter.
C.
It is the intent of the City Commission that the enforcing officer attempt to
abate any violation of this chapter prior to the commencement of the
appropriate legal proceedings.
D.
Whenever the enforcement officer of the city shall ascertain that an article
of abandoned property is present on public property or private property
within the limits of the city, he shall cause a notice to be placed upon such
article in substantially the following form:
NOTICE TO THE OWNER AND ALL PERSONS INTERESTED
IN THE ATTACHED PROPERTY. This property, to wit
(description) located at (location) is improperly stored and is in
violation of (ordinance or regulation violated) and must be removed
within ten (10) days or, if the property is, a boat, thirty (30) days
from date of this notice; otherwise it shall be presumed to be
abandoned property and will be removed and destroyed by order of
the City of Lake Helen. If the property is a motor vehicle or boat,
the owner will be liable for the costs of removal and destruction.
Dated this; (date of posting of notice). Signed: (name, title, address,
and telephone number of enforcement officer).
Such notice shall not be less than eight (8) inches by ten (10) inches and
shall be sufficiently weatherproof to withstand normal exposure to the
elements for a period of ten (10) days. In addition to posting the notice and
on or before the date of posting, the enforcement officer shall mail a copy
of the notice to the owner of the real property upon which the abandoned
articles are located, as shown by the real estate tax records used by the local
government, and, if the abandoned property is a motor vehicle or boat, shall
38
Cross-reference – Article 1 General Provisions, Section 1.11.02 General Penalty
make a reasonable effort to ascertain the name and address of the owner and
shall mail a copy of the notice to such owner.
E.
If, at the end of ten (10) days or (if the property is a boat) thirty (30) days
after posting such notice, the owner or any person interested in the
abandoned article or articles described in such notice has not removed the
article or articles and complied with the ordinance or regulation cited in the
notice, the enforcement officer may cause the article or articles of
abandoned property to be removed and destroyed. The salvage value, if any,
of such article or articles shall be retained by the local government to be
applied against the cost of removal and destruction thereof.
F.
The owner of any abandoned motor vehicle or boat who, after notice as
provided in this section, does not remove the vehicle or boat within the
specified period shall be liable to the local government for all costs of
removal and destruction of such property, less any salvage value received
by the local government. Upon such removal and destruction, the local
government enforcement officer shall notify the owner of the amount owed
and of the penalty provision of this subsection. In the case of an abandoned
boat, any person who neglects or refuses to pay such amount shall not be
entitled to be issued a certificate of registration for any other boat until such
costs have been paid. The local government enforcement officer shall
supply the department of natural resources with a list of persons whose boat
registration privileges have been revoked under this subsection; and neither
the department nor the tax collector or other person acting as agent thereof
shall issue a certificate of registration to a person whose boat registration
privilege has been revoked, as provided by this subsection, until such costs
have been paid. In the case of an abandoned motor vehicle, any person who
neglects or refuses to pay such amount shall be subject to a fine of one
hundred dollars ($100.00).
G.
Whoever opposes, obstructs, or resists any enforcement officer or any
person authorized by the enforcement officer in the discharge of his duties
as provided in this section upon conviction shall be guilty of a misdemeanor
of the second degree, punishable as provided in F.S. Section 775.082 or F.S.
Section 775.083.
H.
Any enforcement officer or any person authorized by the enforcement
officer shall be immune from prosecution, civil or criminal, for reasonable,
good faith trespass upon real property while in discharge of duties imposed
by the section.
(Ord. No. 68-1, § 2, 2-14-68; Ord. No. 88-5, § IV, 4-7-88)
23.04.00
EXEMPTIONS
This chapter shall not apply with regard to such machinery, vehicles, boats, or parts
thereof, scrap metal and junk, in an enclosed building or on the premises of a
business enterprise operated in a lawful manner, properly zoned and properly
licensed by the city when necessary to the operation of the business enterprise or in
an appropriate storage place or depository maintained in a lawful place and manner
by the city.
(Ord. No. 68-1, § 3, 2-14-68)
23.05.00
ABANDONED VEHICLES; PUBLIC NUISANCE
A.
Abandoned vehicles are a public nuisance for the following reasons:
1.
Such vehicles, if stored in the open on private property, or if
abandoned on public rights-of-way, can detract from the aesthetic
quality of and diminish the value of the adjacent properties.
2.
Such vehicles, if parked on a public right-of-way, can constitute a
safety hazard by the obstruction of the free flow of traffic and can
cause other traffic hazards.
3.
Where such abandoned vehicles are on private property and stored
in other than a completely enclosed garage, a health hazard may arise
by the fact that such vehicle can harbor disease-carrying insects and
vermin.
4.
Abandoned vehicles as described by this chapter constitute an abuse
of the environment in that such vehicles are solid waste which
pollutes the land.
(Ord. No. 68-1, § 4, 2-14-68; Ord. No. 88-5, § II, 4-7-88)
23.06.00
ABANDONED VEHICLE ON PUBLIC RIGHT-OF-WAY OR PRIVATE
PROPERTY; EXCEPTIONS; NOTICE
A.
All vehicles which are inoperative as described in section 23.05,00 or
without current state license tag, if required, shall be prohibited on any
public right-of-way under any circumstances, or on private property except
within a completely enclosed garage or when such vehicles are a permitted
principal use or special exception in any zoning classification.
B.
In the event an inspection reveals the presence of an abandoned vehicle
which is in violation of this chapter, the code inspector or his authorized
representative shall notify the record owner or owners of such violation by
registered or certified mail, return receipt requested, or by hand delivery, or
any either manner as provided-by law. Said notice shall be sent to the last
available address of the owner or owners of record and shall advise the
owner that violation exists on the owner's property and must be corrected.
Said owner shall have twenty (20) days from receipt or delivery of the notice
to correct the violation. If the violation is not corrected, the Code Inspector
or his authorized representative may initiate any enforcement action as
authorized in section 23.03.00 of this chapter.
(Ord. No. 88-5, § III, 4-7-88)
23.07.00
JURISDICTION
A.
This chapter shall be applicable throughout the incorporated areas of Lake
Helen, Florida.
B.
Except as otherwise provided herein, this chapter shall be cumulative and
supplemental to any zoning ordinance or regulation currently in effect.
(Ord. No. 88-5, § V, 4-7-88)
23.08.00
EFFECTIVE DATE
A certified copy of Ord. No. 88-5 shall be filed in the office of the secretary of state
by the city clerk within ten (10) days after enactment, and this ordinance shall take
effect upon receipt of official acknowledgement from that office that said ordinance
has been filed.
(Ord. No. 88-5, § VI, 4-7-88)
ARTICLE 24
LICENSES
24.00.00
GENERAL
24.01.00
DEFINITIONS
24.02.00
REQUIRED
24.03.00
TAX LEVY
24.04.00
RATES
A-1
A-2
A-3
General Licenses
Specific Licenses
Special Licenses (issued by City Commission approval only)
24.05.00
DUE DATE; HALF YEAR LICENSE
24.06.00
DELINQUENT; PENALTIES
24.07.00
TRANSFERABILITY
24.08.00
DISPLAY
24.09.00
LICENSE DOES NOT PERMIT UNLAWFUL BUSINESS
24.10.00
EXEMPTIONS
24.11.00
VETERINARY MEDICAL PRACTICE
24.12.00
PHARMACIES AND PHARMACISTS
24.13.00
ARCHITECTURE
24.14.00
ENGINEERING
24.15.00
LAND SURVEYING
24.16.00
PEDDLERS, CANVASSERS AND TRANSIENT MERCHANTS (MOBILE
VENDORS)
24.16.01
PERMIT REQUIRED
24.16.02
APPLICATION FOR PERMIT
24.16.03
INVESTIGATION
24.16.04
ISSUANCE OF PERMITS
24.16.05
HOURS OF OPERATION
24.16.06
OPERATION IN PUBLIC PLACES PROHIBITED
24.16.07
ORDER REQUIREMENTS
24.16.08
LOUD NOISES AND SPEAKING DEVICES
24.16.09
ENTRANCE TO PREMISES RESTRICTED
24.16.10
MISREPRESENTATION
24.16.11
OPEN AIR SALES
ARTICLE 24
LICENSES39
24.00.00
GENERAL
24.01.00
DEFINITIONS
When used in this chapter, the following terms and phrases shall have the meaning
ascribed to them in this section, except when the context clearly indicates a different
meaning:
A.
39
Business, profession, and occupation do not include the customary
religious, charitable, or educational activities of nonprofit religious,
nonprofit charitable, and nonprofit educational institutions in this state,
which institutions are more particularly defined and limited as follows:
1.
Religious institutions shall mean churches and ecclesiastical or
denominational organizations or established physical places for
worship in this state at which nonprofit religious services and
activities are regularly conducted and carried on, and shall also mean
church cemeteries.
2.
Educational institutions shall mean state tax-supported or parochial,
church and nonprofit private schools, colleges, or universities
conducting regular classes and courses of study required for
accreditation by or membership in the Southern Association of
Colleges and Secondary Schools, the Department of Education or
the Florida Council of Independent Schools. Nonprofit libraries, art
galleries, and museums open to the public are defined as educational
institutions and eligible for exemption.
3.
Charitable institutions shall mean only nonprofit corporations
operating physical facilities in this state at which are provided
charitable services, a reasonable percentage of which shall be
without cost to those unable to pay.
B.
Classification means the method by which a business or group of businesses
is identified by size or type, or both.
C.
Occupational license means the granting of the privilege of engaging in or
Cross reference--Administration, Art. 16.
State law reference--Local occupational license taxes, F.S. Ch. 205.
managing any business, profession, or occupation within the city. It shall
not mean any fees or licenses paid to any board, commission, or officer for
permits, registration, examination, or inspection. Unless otherwise provided
by law, these are deemed to be regulatory and in addition to, and not in lieu
of, any local occupational license imposed under the provisions of this
chapter.
D.
24.02.00
Taxpayer means any person liable for taxes imposed under the provisions
of this chapter; any agent required to file and pay any taxes imposed
hereunder; and the heirs, successors, assignees and transferees of any such
person or agent.
REQUIRED
No person shall engage in, manage, transact, or carry on any business, profession
or occupation mentioned in this chapter within the city until a license shall have
been procured from the city clerk, which license shall be issued to each person upon
receipt of the amount hereinafter provided and paid to the city clerk, who shall issue
all licenses.
(Ord. No. 105A, § 1, 6-21-55)
24.03.00
TAX LEVY
The license tax designation in this chapter is hereby levied and assessed upon, and
shall be paid by the following person engaging in or managing, owning, operating
or transacting, or acting as an independent agent or solicitor for the designated
classification, business occupation, profession or devices in the city:
A.
Any person who maintains a permanent business location or branch office
within the city for the privilege of engaging in or managing any business.
B.
Any person who maintains a permanent business location or branch office
within the city for the privilege of engaging in or managing any profession
or occupation.
C.
Any person whose business is transient in nature and conducts business
within the City limits.
D.
Any person who does not qualify under the provisions of subsection A-l or
subsection A-2 and who transacts any business or engages in any occupation
or profession in interstate commerce, if such license tax is not prohibited by
s.8 of Art. I of the United States Constitution.
(Ord. No. 105, § 5, 6-21-55)
24.04.00
RATES
A.
The following is the schedule of rates for businesses with five (5) or fewer
employees levied under this chapter:
1.
General Licenses:
Manufacturing, processing, mining………………………….$30.00
Professions……………………………………………………50.00
Sale of intangibles…………………………………….............30.00
Sale of tangibles or merchandise……………………………...30.00
Services, public……………………………………………….30.00
2.
Specific Licenses
Alarm Permit – Commercial………………………………….40.00
Alarm Permit – Residential…………………………………...20.00
Bankrupt sales per day………………………………………..30.00
Circuses, carnivals, tent shows, sideshows, per day………….30.00
Dance halls……………………………………………………50.00
Gas plants……………………………………………………100.00
House to house solicitors and peddlers……………………….30.00
Junk dealers…………………………………………………...50.00
Mobile Vendors see Sections 24.04.00 (E) and 24.16.00 - 24.16.11
Pawnbrokers…………………………………………………..50.00
Power plants and electric light companies…………………..100.00
Taxi Driver's Permit…………………………………………..25.00
Taxi Operator's Permit - First vehicle………………………...50.00
Each additional vehicle……….……………..10.00
Telegraph systems…………………………………………….20.00
Telephone systems…………………………………………..100.00
3.
Special Licenses (issued at the discretion of the City Commission
only)
Auction shops…………………………………………………50.00
Garbage collectors…………………………………………….50.00
Junkyards…………………………………………………….100.00
B.
Any person purchasing a license in the general category may be permitted
to engage in any business in the general category his license covers. If a
business performs two or more functions that enjoy a symbiotic relationship,
only one license is required.
(Ord. No. 105A, § § 5, 6, 7, 6-21-55; Ord. No. 106, § 1, 9-27-55; Ord. No.
80-9, 9-18-80; Ord. No. 96-6, § 5-23-96)
C.
Any business for which an occupational license is required will pay a fee of
ten dollars ($10.00) for each employee in excess of five (5) in addition to
the required license fee for their particular business. This refers to
employees working within the municipal limits of the City of Lake Helen.
24.05.00
D.
Any business or occupation that can not readily be assigned into a general
or specific license category shall be deemed to be an unspecified occupation
and shall pay an occupational fee license of fifty dollars ($50.00) per year.
E.
Mobile Vendors are a category of license that require special restrictions.
Mobile Vendors are considered to be vendors who serve food, drink,
souvenirs, etc., and establish themselves at various locations throughout the
city. Mobile vendors may not sell their wares on City property or within 300
feet of City property during special events such as the Fourth of July
Celebration without the express permission of the City Commission and
payment of a $200.00 per day permit fee for said "special events". The City
Commission retains the right to waive mobile vendor fees during special
events for charitable and civic organizations.
F.
Businesses that in addition to their normal line of business have amusement
devices such as pool tables, video games, dart board games, etc., shall be
required to pay $20.00 per device in addition to their regular license fee.
DUE DATE; HALF YEAR LICENSE
The license shall begin on the first day of October of each year and end on the
thirtieth of September of the succeeding year, on which date all licenses shall
expire. No license shall be issued for a fractional portion of any year, except as
otherwise provided herein and except that any license may be issued after the first
day of April to expire the thirtieth day of September upon payment of one-half of
the amount fixed as a price for such license for one year.
(Ord. No.105A, § 2, 6-21-55)
State law references--Occupational license dates due, F.S. § § 205.043, 205.053.
24.06.00
DELINQUENT; PENALTIES
A.
Those licenses not renewed by October first shall be considered delinquent
and subject to a delinquency penalty of ten (10) percent for the month of
October, plus an additional ten (10) percent penalty for each month of
delinquency thereafter until paid. However, the total delinquency penalty
shall not exceed fifty (50) percent of the occupational license fee for the
delinquent establishment.
B.
Any person engaging in or managing any business, occupation, or
profession without first obtaining a local occupational license, if required
hereunder, shall be subject to a penalty of fifty (50) percent of the license
determined to be due, in addition to any other penalty provided by section
1.11.02.
(Ord. No. 105A, § 10, 6-21-55)
State law reference-Delinquent penalties, F.S. § 205.053 (1).
24.07.00
TRANSFERABILITY
All business licenses shall be transferable when there is a bona fide sale or transfer
of the property used and employed in the business. The business licenses may be
transferred to a new owner upon payment of a transfer fee of five dollars ($5.00)
and presentation of the original license and evidence of the sale. The original license
must be surrendered to and filed with the city clerk at the time of application for the
transfer and such registered license shall be of the same force and effect as the
original license.
(Ord. No. 105A, § 3, 6-21-55)
State law reference--Conditions for levy, F.S. § 205.043(3).
24.08.00
DISPLAY
All persons to whom licenses are issued shall have the licenses conspicuously
displayed at their place of business.
(Ord. No. 105A, § 9, 6-21-55)
24.09.00
LICENSE DOES NOT PERMIT UNLAWFUL BUSINESS
Nothing in this chapter contained nor the granting of any license herein provided
for shall be construed as permitting the maintenance or operation of any profession,
business or device prohibited by the laws or the public policy of the United States
and the state or by this Code. (Ord. No.105A, § 4, 6-21-55)
24.10.00
EXEMPTIONS
All persons exempt by Chapter 205, F.S. shall be exempt under this chapter.
(Ord. No.105A, § 11, 6-21-55)
State law reference -- Exemptions; motor vehicles, F.S. § 205.063; farm, grove,
etc., exemptions, F.S. § 205.064; exemption for cripples, invalids, aged, and
widows with minor dependents, F.S. § 205.162; exemption for disabled veterans,
etc., F.S. § 205.171; exemption for charitable, etc., F.S. § 205.192; exempt certain
mobile home set up operators, F.S. § 205.193.
24.11.00
VETERINARY MEDICAL PRACTICE
No occupational license shall be issued to any person to practice veterinary
medicine unless he/she shall present to the tax collector a valid current license
issued by the state department of professional regulation.
State law reference -- Veterinary medical practice, F.S. § 205.195.
24.12.00
PHARMACIES AND PHARMACISTS
No occupational license to operate a pharmacy shall be issued unless the applicant
shall first exhibit a current permit issued by the state board of pharmacy; however,
no such occupational license shall be required in order to practice the profession of
pharmacy.
State law reference -- Pharmacies and pharmacists, F.S. § 205.196.
24.13.00
ARCHITECTURE
Any person applying for an occupational license to practice architecture shall, at
the time of application, exhibit to the licensing official satisfactory evidence that
the applicant possesses a valid certificate of registration, and no occupational
license shall be granted until such evidence is presented.
State law reference -- Architecture, F.S. § 205.197.
24.14.00
ENGINEERING
Any person applying for an occupational license to practice engineering shall, at
the time of application, exhibit to the licensing official satisfactory evidence that
the applicant possesses a valid certificate of registration, and no occupational
license shall be granted until such evidence is presented.
State law reference -- Engineering, F.S. § 205.198.
24.15.00
LAND SURVEYING
Any person applying for an occupational license to practice land surveying shall, at
the time of application, exhibit to the licensing official satisfactory evidence that
the applicant possesses a valid certificate of registration, and no occupational
license shall be granted until such evidence is presented.
State law reference -- Land surveying, F.S. § 205.199.
24.16.00
PEDDLERS, CANVASSERS AND TRANSIENT MERCHANTS (MOBILE
VENDORS)
Peddler. The word "peddler" is defined to include any person, whether a resident
of the city or not, traveling by foot, vehicle, or any other type of conveyance from
place to place carrying or transporting goods, wares and merchandise, offering and
exposing the same for sale or making sales and delivering articles purchased, or
who, without traveling from place to place, shall see or offer the same for sale from
his person, or from any vehicle or conveyance.
Canvasser or solicitor. The word "canvasser" or "solicitor" is defined as any
individual, whether a resident of the city or not, traveling either by foot, vehicle or
other conveyance from place to place taking or attempting to take orders for the sale
of goods, wares and merchandise or personal property of any nature whatsoever for
future delivery, or for services to be furnished or performed in the future. The
canvasser or solicitor may carry or expose for sale a sample of the subject of such
sale, or may collect advance payment on such sales and may be considered any
person who for himself or for another person hires, leases, uses or occupies any
building, structure, car, room, shop or any other place within the city for the sole
purpose of exhibiting samples and taking orders for future delivery.
Transient merchant. A "transient merchant," which shall include the words
"itinerant merchant" or "itinerant vendor," is defined as any person, firm or
corporation, whether its owner, agent, consignee or employee, whether a resident
of the city or not, who engages in temporary business of selling and delivering
goods, wares and merchandise within the city, and who, in furtherance of such
purpose hires, leases, uses or occupies any building or structure, vehicle, tent, room,
apartment, shop, street, alley, property or other place within the city for the
exhibition and sale of such wares or merchandise either; privately or at a public
auction, provided that such definition shall not include any person who, while
occupying such temporary location, does not sell from stock, but exhibits samples
only for the purpose of securing orders for future delivery. Persons, firms or
corporations so engaged shall not be relieved from complying with provisions
herein by reason of temporary association with or sponsorship by any local dealer,
trader, merchant or auctioneer, or by conducting such transient business with, as a
part of, or in the name of any local licensee.
24.16.01
Permit required.
It shall be unlawful for any solicitor, canvasser, peddler or itinerant merchant, as
defined in section 24-16 of this chapter, to engage in such business within the
corporate limits of the City of Lake Helen without first obtaining a permit therefore
in compliance with provisions of this chapter.
24.16.02
Application for permit.
A.
Application form and required information. Applicants for permits under
this chapter shall file with the City Clerk a sworn application in writing on
a form furnished by the City Clerk giving the following information:
1.
Name of applicant;
2.
Permanent home address and fun local address of applicant;
3.
A brief description of the name of the business and the goods to be
sold;
4.
The name and address of the employer, if employed, together with
credentials establishing the employment;
5.
The length of time for which the right to do business is desired;
6.
Whether the applicant, upon any sale or order, shall demand, accept
or receive payment or deposit of money in advance of final delivery;
7.
The last five (5) cities or towns wherein the applicant has worked
before coming to this city;
8.
The names of at least two (2) reliable property owners in the County
of Volusia, State of Florida, who will certify as to the applicant's
good character and business respectability or in lieu of the names of
the references, such other available evidence as to the good character
and responsibility of the applicant as will enable an investigator to
properly evaluate such character and business responsibility;
9.
A statement as to whether the applicant has been convicted of any
crime, misdemeanor or violation of any municipal ordinance, the
nature of the offense, and the punishment or penalty assessed
therefore;
10.
Proof of insurance:
11.
a.
General liability insurance for each person;
b.
General liability insurance for each occurrence.
c.
That the applicant as owner of such permit shall have
liability insurance, both for each person and for each
occurrence, in an amount of not less than $200,000 against
damage to the property of any person in an amount not less
than $100,000 for personal injury to anyone person, and in
the amount of not less than $100,000 for personal injury to
two or more persons, with an insurance company authorized
to do business within the State. The City of Lake Helen shall
be listed as an additional insured.
Such other relevant information as may be required for the
investigation of the applicant.
a.
Driver's license. At the time of filing his/her application for
a permit required by this chapter, the applicant shall present
his/her driver's license, if he/she has one, to the City Clerk.
b.
False information. It shall be unlawful for any person to give
any false or misleading information in connection with
his/her application for a permit required by this chapter.
c.
Fingerprints, photographs. At the time of making
application for a permit required by this chapter, the
applicant shall submit to fingerprinting and photographing
by the chief of police. Processing costs shall be twenty-five
dollars ($25.00) which shall be paid when application is
submitted for consideration.
24.16.03
24.16.04
Investigation.
A.
Upon receipt of application for permit, it shall be referred to the chief of
police who shall cause {such} investigation of the applicant's business and
moral character to be made as he/she deems necessary for the protection of
the public good.
B.
If, as a result of such investigation, the applicant's character or business
responsibility is found to be unsatisfactory, the chief of police shall endorse
on such application to the City Clerk who shall notify the applicant that
his/her application is disapproved and that no permit will be issued.
C.
If, as a result of such investigation, the character and business responsibility
of the applicant are found to be satisfactory, the chief of police shall endorse
on the application his/her approval and send the application to the City
Clerk.
Issuance of permits.
A.
No permit shall be issued by the City Clerk until the applicant shall have
complied with all the provisions and requirements of this chapter.
B.
Before any permit shall be issued under the provisions of this chapter the
applicant shall pay processing costs as provided by resolution of the city
commission.
C.
Each permit issued under the provisions of this chapter shall be signed by
the City Clerk; shall be dated as of the date of its issuance, and shall state
the duration or term of such permit on the face thereof. Any permit not dated
and signed as herein provided, or which was issued in violation of this
section, shall be void.
D.
Every permit issued under the provisions of this chapter shall be valid for a
period of 180 days. Permits shall be limited to one every six (6) months and
said fee shall be $100.00.
E.
No peddler's canvasser's or solicitor's permit shall be issued to a corporation,
partnership or other impersonal legal entity, but each individual person
engaging in the business of peddling, canvassing or soliciting within the city
shall be required to have a permit whether acting for himself/herself or as
an agent or representative of another.
F.
Every peddler, canvasser or solicitor having a permit issued under the
provisions of this division and doing business within the city shall display
his/her permit upon the request of any person and failure to do so shall be
deemed a misdemeanor. No permit issued under the provisions of this
chapter shall be transferable.
G.
24.16.05
Additional fees of $200.00, per day for special events which include but are
not limited to the Fourth of July, Parade of Homes and any other special
events that the city commission shall deem necessary and proper to add.
Hours of operation.
It shall be unlawful for any peddler, canvasser or solicitor to engage in the business
of peddling, canvassing or soliciting within the city between the hours of 8:00 P.M.,
and 8:00 A.M., or at any time on Sundays, except by specific appointment with or
invitation from the prospective customer.
24.16.06
24.16.07
Operation in public places prohibited.
A.
No peddler, canvasser or solicitor shall be allowed to take up any space in
the public streets or rights-of-way, Public Park or any other property owned
or leased by the City unless granted prior approval by the City Commission.
B.
The chief of police is hereby required to clear out of any public parking
place all vehicles or conveyors found in the streets, rights-of-way or other
public places used by peddlers and arrest all persons refusing to forthwith
remove the same when commanded by the chief of police or any police
officer.
Order requirements.
All orders for future deliveries taken by any peddler, canvasser or solicitor shall be
in writing and in duplicate, stating fully the terms thereof, together with the amount
paid in advance and the balance remaining due on such order. One copy of such
order shall be delivered to the purchaser at the time such order is taken.
24.16.08
Loud noises and speaking devices.
No solicitor, canvasser, peddler or transient merchant, or any person in his/her
behalf, shall shout, blow a horn, ring a bell, or use any sound device including any
loud speaking radio or sound amplifying system upon any of the streets, alleys,
parks or other public places of the City of Lake Helen, or upon any private premises
in the city where sound of sufficient volume is entitled or produced therefrom
capable of being plainly heard upon the streets, avenues, alleys, parks or other
public places for the purpose of attracting attention to any goods, wares or
merchandise which such licensee proposed to sell.
24.16.09
Entrance to premises restricted.
It shall be unlawful for any peddler to enter upon any private premises when the
same are posted with a sign stating "No Peddlers Allowed" or "No Solicitations
Allowed" or other words to such effect.
24.16.10
Misrepresentation.
It shall be unlawful for any peddler to make false or fraudulent statements
concerning the quality or nature of his/her goods, wares, merchandise or services
for the purpose of inducing another to purchase the same.
24.16.11
Open Air Sales.
A.
Defined. For purposes of this section, the phrase “open air sales” shall mean
the outside sale of food, goods and services, including, but not limited to,
temporary markets; sidewalk vending and sales; fruit and vegetable stands,
temporary amusement or recreational activities; and the sale of seasonal
merchandise such as, by way of example only, Christmas trees.
(Ord. No. 2002-14, §1, 1-9-2003)
B.
Prohibited areas. Open air sales are prohibited in areas assigned a
residential zoning district.
(Ord. No. 2002-14, §1, 1-9-2003)
C.
Permitted areas; requirements. Open air sales are permitted by means of a
special event permit subject to the following:
(Ord. No. 2002-14, §1, 1-9-2003)
1.
Open air sales may be conducted as special events upon approval of
a special event permit by the City Commission subsequent to a
determination that the required event furthers the public interest.
(Ord. No. 2002-14, §1, 1-9-2003)
2.
The applicant shall provide a written authorization from the property
owner, which authorization shall be duly sworn and notarized on a
form approved by the City.
(Ord. No. 2002-14, §1, 1-9-2003)
3.
Prior to obtaining a City special event permit, the applicant must
obtain a permit or authorization from the Florida Department of
Health, if applicable, and any other agencies of government having
regulatory responsibility over event activities, and shall pay all
applicable taxes to include, but not be limited to, the applicable
occupational license tax.
(Ord. No. 2002-14, §1, 1-9-2003)
4.
Open air sales activities which require the use of existing parking
spaces shall not obstruct any parking spaces which are required as
part of the minimum parking requirements for that property, as
prescribed by the City's Land Development Regulations.
(Ord. No. 2002-14, §1, 1-9-2003)
5.
The applicant shall observe the existing setback requirement for the
site of the open air sales set forth in the City's Land Development
Regulations.
(Ord. No. 2002-14, §1, 1-9-2003)
6.
The applicant shall provide proper ingress and egress for the site of
the open air sales as set forth in the City's Land Development
Regulations.
(Ord. No. 2002-14, §1, 1-9-2003)
7.
The City Commission shall, by adoption of a resolution, establish
fees relating to applications for open air sales special event permits.
In appropriate circumstances the City Commission may require
insurance coverage and/or bonding.
(Ord. No. 2002-14, §1, 1-9-2003)
8.
The provisions of this Section are intended to regulate and authorize
special events which include sales transactions which occur in open
air areas that are not located within structures located on properties
assigned a commercial zoning district classification with all of the
sales occurring being related to special events or seasonal sales, and
not ongoing commercial enterprises. Said time periods shall include
“set up” and “take down” periods. Properties shall be clean and in
good order at the conclusion of the event.
(Ord. No. 2002-14, §1, 1-9-2003)
D.
Governmental uses; not for profit organizations.
1.
The City Commission may permit governmentally sponsored events
that occur on Federal, State, County or City property that do not
specifically comply with all of the requirements of this Section and
without any fee payment.
(Ord. No. 2002-14, §1, 1-9-2003)
2.
Upon showing of a hardship, the City Commission may exempt notfor-profit charitable organizations from payment of the occupational
license tax and fees required in this Section and/or waive any other
requirements provided by this Section.
(Ord. No. 2002-14, §1, 1-9-2003)
ARTICLE 25
MOBILE HOMES AND TRAILERS
25.00.00
STRUCTURAL BLOCKING AND WINDSTORM TIE-DOWN
25.01.00
PLUMBING CONNECTIONS
25.02.00
ELECTRICAL SERVICE CONNECTIONS
25.03.00
PERMITS AND FEES
ARTICLE 25
MOBILE HOMES AND TRAILERS40
25.00.00
STRUCTURAL BLOCKING AND WINDSTORM TIE-DOWN
All mobile homes installed within the city shall comply with F.S. § 320.8325 and
the applicable rules of the Department of Highway Safety and Motor Vehicles as
amended.
(Ord. No. 82-1, § 2, 3-4-82)
25.01.00
PLUMBING CONNECTIONS
All mobile homes installed within the city shall comply with the following:
A.
Plumbing drain line from mobile home to sewer system shall be a minimum
of four (4) inches in diameter, Schedule 40 PVC, or approved equivalent.
B.
Plumbing drain line from mobile home to sewer system shall have a drop
from level not greater than one-fourth inch for each one inch of length.
C.
Plumbing drain cleanouts shall be placed where accessible for use. Drain
line shall be strapped every four (4) feet. Fittings shall be "Y" and oneeight inch bends or combinations.
D.
Domestic water supply line shall be Schedule 40, PVC or galvanized pipe,
three-fourth inch minimum size, and shall be provided with a shut-off valve
adjacent to mobile home.
(Ord. No. 82-1, § 3, 3-4-82)
Cross reference-Adoption of the County Plumbing Code, § 5-81.
25.02.00
ELECTRICAL SERVICE CONNECTIONS
All mobile homes installed within the city shall comply with the National Electric
Code, Article 550.
(Ord. No. 82-1, § 4, 3-4-82)
Cross reference-Adoption of the National Electrical Code, § 5-31.
25.03.00
PERMITS AND FEES
All owners of mobile homes installed with the city shall be required to obtain the
40
Cross references--Buildings and building regulations. Art. 15; utilities, Art. 5.
State law references- - Mobile home tie down requirements. F.S. § 320.8325: mobile home setup operations local licensing prohibited, exception, F.S.§ 205.193.
following permits and pay the following fees prior to installation:
Mobile home permit………………………………………………...$ 15.00
Plumbing permit...…………………………………………………….10.00
Electrical permit……………………………………………………...10.00
Total…………………………………………………………………..35.00
(Ord. No. 82-1, § 5, 3-4-82)
A.
B.
C.
ARTICLE 26
OFFENSES
26.00.00
GENERAL
26.00.01
Legislative Findings
26.00.02
Repeal of Sections 26.00.00 and 26.00.01, Code of Ordinances
26.02.00
BOATING ACTIVITIES ON LAKE HELEN PUBLIC LAKES
RESTRICTED
ARTICLE 26
OFFENSES41
26.00.00
GENERAL
26.00.01
Legislative Findings
A.
The City staff report and City Commission agenda memorandum relating to
this matter are hereby adopted as if fully set forth herein.
B.
Committee Substitute (CS) for CS for CS for House Bill 45 passed the
Florida House of Representatives on April 26, 2011, and subsequently
passed the Florida Senate on April 28, 2011. The bill was approved by
Governor Scott on June 2, 2011, and assigned Chapter 2011-109, Laws of
Florida, with an effective date of October 1, 2011. The bill amends Section
790.33, Florida Statutes, which currently preempts local governments from
regulating firearms and ammunition unless expressly authorized to do so by
general law. The new law prohibits local governmental entities from
regulating or attempting to regulate firearms or ammunition in any manner
(except as specifically authorized by general State law or by the Florida
Constitution) and provides exceptions to this prohibition. Various penalties
are established for violating the new law including provisions that:
1.
Require courts to declare ordinances, regulations, or rules that
violate Section 790.33, Florida Statutes, invalid and issue a
permanent injunction against the local government from enforcing
such ordinance, regulation, or rule. It is not a defense that, in
enacting the ordinance, regulation or rule, the local government was
acting in good faith or upon advice of counsel.
2.
Require courts to assess a civil fine of up to $5,000.00 against the
elected or appointed local government official or administrative
agency head under whose jurisdiction a violation occurred if the
court determines that a violation was knowing and willful.
3.
State that a knowing and willful violation of the statute by a person
acting in an official capacity is cause for immediate termination of
employment.
41
Cross reference--Police, Art. 28; traffic and motor vehicles, Art. 29: unlawful to connect wells with city
water system § Art. 5; excessive noise prohibitive, § Art. 9: unlawful parking, § Art. 29.
4.
Authorize a person or organization whose membership is adversely
affected by any ordinance, regulation, measure, directive, rule,
enactment, order, or policy promulgated or enforced in violation of
Section 790.33, Florida Statutes, to file suit for declaratory and
injunctive relief and for all actual damages attributable to the
violation.
It is on the basis of the provisions of amended Section 790.33, Florida
Statutes, that the City Commission takes the actions herein.
C.
The City of Lake Helen has complied with all requirements and procedures
of controlling Florida law.
(Ord. No. 2011-10; § 1, 10-13-2011)
26.00.01
Repeal of Sections 26.00.00 and 26.00.01, Code of Ordinances
Sections 26.00.00 (Adoption of State Law Misdemeanors) and 26.00.01 Discharge
of Firearms) of the Code of Ordinances of the City of Lake Helen, Florida are
hereby repealed.
(Ord. No. 2011-10; § 1, 10-13-2011)
26.02.00
BOATING ACTIVITIES RESTRICTED IN LAKE HELEN PUBLIC LAKES
The city hereby establishes an "Idle Speed--No Wake" zone in all public Lake
Helen lakes, and further restricts the size and power of outboard motors on such
lakes to ten (10) horsepower. The ten horsepower restriction may be waived for
authorized lake maintenance.
(Ord. No. 83-15, § 1, 12-15-83: Ord. No. 97-5 § 3-20-97)
Editor's note--Ord. No. 83-15, § 1, adopted Dec. 15, 1983, did not expressly amend the
Code: hence, inclusion as § 26.02.00 was at the editor's discretion.
ARTICLE 27
PARKS AND RECREATION
27.00.00
PARKS AND RECREATION BOARD
27.00.01
Establishment
27.01.00
PURPOSE
27.02.00
FINANCES
27.03.00
ORGANIZATION
27.04.00
MEETINGS
27.05.00
PARK RULES AND REGULATIONS
27.05.01
Park Defined
27.05.02
Hours of Operation and General Use
27.05.03
Traffic
27.05.04
Pollution and Litter
27.05.05
Removal of Natural Resources
27.05.06
Firearms/Fireworks/Destructive Devices/Weapons
27.05.07
Hunting/Wildlife Preservation and Conservation.
27.05.08
Domestic Animals
27.05.09
Alcoholic Beverages/Tobacco Products
27.05.10
Trespass
27.05.11
Fires
27.05.12
Camping and Sleeping
27.05.13
Signs/Defacement of Trees
27.05.14
Noise and Related Conduct
27.05.15
Peddling/Distribution of Materials
27.05.16
Injuring, Interfering with, etc., Buildings and other Property
27.05.17
Interference with Personnel
27.05.18
Promulgation of Rules
27.05.19
Penalties/Other Remedies
ARTICLE 27
PARKS AND RECREATION42
27.00.00
PARKS AND RECREATION BOARD43
27.00.01
Establishment
There is hereby established in and for the City of Lake Helen, Florida, a committee
known as the “Lake Helen Parks and Recreation Board.”
(Ord. No. 86-3. § I. 8-7-86: Ord. No. 97-12 § 9-4-7)
27.01.00
PURPOSE
The purpose of the City of Lake Helen Parks and Recreation Board shall be to
promote and regulate, in conjunction with the City Commission, all recreational
activities conducted by the City to include, but not be limited to, organized athletic
endeavors, special events, holiday celebrations and activities, and City-sponsored
youth programs. All activities under the jurisdiction of the Board shall be subject to
the prior approval of the City Commission with regard to site selection and type of
activity. The Board shall serve as the Board of Directors of the Lake Helen Teen
Club as may be sponsored by the City Police Department or otherwise.
(Ord. No. 86-3, § II, 8-7-86: Ord. No. 97-12 § 9-4-97; Ord. No 2004-09, § 20, 8-4-2004)
27.02.00
FINANCES
All monies received, handled and disbursed by the Parks and Recreation Board shall
be subject to accounting through the official city bookkeeping system and auditor.
(Ord. No. 86-3. § II. 8-7-86: Ord. No. 97-12 § 9-4-97)
27.03.00
ORGANIZATION
The City Commission shall appoint a seven-member (7) Parks and Recreation
Board. Members of the Board shall be residents of the City of Lake Helen.
Appointments shall be made on the basis of a cross-section of parks and recreational
organizations, clubs and activities based within the city including, but not limited
to, church groups, veterans clubs and all similar organizations interested in parks
and recreational activities for the citizens in the City of Lake Helen. No more than
one member shall serve on the Board from an organization.
42
Cross reference--Development fees.§ 15.05.00 et seq.: streets, sidewalks and other public places. Article
V.
State law reference--Recreation. F.S. Ch. 418.
43
Cross reference--Administration. Article 16.
A.
The initial appointments to the Board shall be as follows:
1.
Two (2) members appointed for a term of one (1) year.
2.
Three (3) members appointed for a term of two (2) years.
3.
Two (2) members appointed for a term of three (3) years.
Thereafter, all appointments shall be made for terms of three (3) years. Any
member may be reappointed from term to term upon approval of the City
Commission Appointments to fill any vacancy on the Board shall be for the
remainder of the unexpired term of office. Any member who fails to attend
two (2) of three (3) successive meetings without cause and without prior
approval of the chairman shall automatically forfeit his appointment, and
the City Commission shall promptly fill such vacancy. Any member may be
removed from office for cause by the City Commission, upon written
charges and after public hearing.
(Ord. No. 97-12 § 9-4-97)
B.
Election of Officers
The members of the Board shall elect a chairman, vice chairman and
secretary/treasurer. The presence of four (4) or more members shall
constitute a quorum of the Board Elections for officers will take place in
September of each year and new terms will begin October 1 of each year.
All officers shall serve for one year and may be re-elected to serve the same
post. Members shall serve without compensation, but may be reimbursed
for such travel, mileage, and per diem expenses as may be authorized by the
City Commission.
(Ord. No. 97-12 § 9-4-97)
27.04.00
MEETINGS
The Lake Helen Parks and Recreation Board shall meet at regular monthly intervals
and at such other times as it may deem necessary, for the transaction of its business.
The Board shall adopt written by-laws and keep a properly indexed public record
of its minutes, resolutions, transactions, findings and recommendations. A quorum
shall be four (4) members. No recommendation for City Commission consideration
may be made unless four (4) members concur. The City shall provide clerical staff
for recording minutes.
(Ord. No. 97-12 § 9-4-97)
27.05.00
44
PARK RULES AND REGULATIONS44
Cross reference-Certain animals prohibited around Lake Helen. § 18.19.00.
27.05.01
Park Defined
As used in this Article, the term “City Park” means land owned, maintained by the
City of Lake Helen and designated as a "City Park" by a resolution or any land
which has been dedicated for use as a City Park which has been accepted by the
City Commission. Included in the definition of the term “City Park” are all natural
resources, wildlife, facilities, improvements, waters and materials in, on or under
the lands so designated. Properties in any system of trails owned by the City are
intended to be designated as a City Park.
(Ord. No. 2004-09, §1; 8-4-2004)
27.05.02
Hours of Operation and General Use
A.
All City Parks shall be open during such hours as are set forth by the City
Commission.
(Ord. No. 2004-09, §2; 8-4-2004)
B.
The City Commission may delegate, by adoption of a resolution, the power
to establish hours of operations at the City Parks or a particular park or
particular parks to such City employees as the City Commission deems
appropriate.
(Ord. No. 2004-09, §2; 8-4-2004)
C.
The Mayor, City Administrator or Chief of Police may close any City Park
or Parks as he or she deems appropriate in the event of an emergency or an
eminent threat to the public health, safety or welfare. The power herein
granted may be delegated to subordinates of the above-referenced persons
if deemed necessary to protect the public health, safety or welfare.
(Ord. No. 2004-09, §2; 8-4-2004)
D.
Persons using the City Park(s) do so at their own risk.
(Ord. No. 2004-09, §2; 8-4-2004)
E.
Adults are responsible for children that they bring to the City Park(s) or who
are otherwise under their care, custody or control.
(Ord. No. 2004-09, §2; 8-4-2004)
27.05.03
Traffic
A.
The State Uniform Traffic Control Laws, Chapter 316, Florida Statutes, are
incorporated by reference and made part of this Article and shall apply to
the operation of all motor vehicles, as defined in Chapter 316, on streets and
roads in all City Park(s), unless modified herein. Law enforcement officers
and City employees are hereby authorized to direct traffic whenever
necessary within the City Park(s).
(Ord. No. 2004-09, §3; 8-4-2004)
Cross reference--Traffic and motor vehicles, Article 29.
B.
It is unlawful to operate, drive or park any motor vehicle or other vehicle
upon any road, driveway, path, trail, parking area or other area unless it has
been designated for such use by the City.
(Ord. No. 2004-09, §3; 8-4-2004)
C.
It is unlawful to cause any vehicle for hire to stand upon any part of a City
Park for the purpose of soliciting passengers.
(Ord. No. 2004-09, §3; 8-4-2004)
D.
It is unlawful to drive a vehicle at a rate of speed exceeding ten (10) miles
per hour in any City Park unless the City has posted a greater speed limit.
(Ord. No. 2004-09, §3; 8-4-2004)
E.
It is unlawful to park any vehicle in or on an area within a City Park which
has not been designated for parking.
(Ord. No. 2004-09, §3; 8-4-2004)
F.
It is unlawful to enter or exit from any City Park in any vehicle except at
entrances and exits designated for such purpose by the City.
(Ord. No. 2004-09, §3; 8-4-2004)
27.05.04
Pollution and Litter
A.
It is unlawful to throw or place or cause to be thrown or placed, any litter,
dirt, filth, or foreign matter into the waters of any lake, pond, pool, river,
inlet, tank or reservoir in any City Park or on the grounds of any City Park.
(Ord. No. 2004-09, §4; 8-4-2004)
B.
It is unlawful to cause any pollutant, as defined in Sections 206.9925,
376.031, Florida Statutes, to be placed in or to otherwise pollute the lands
or waters of a City Park.
(Ord. No. 2004-09, §4; 8-4-2004)
27.05.05
Removal of Natural Resources
A.
It is unlawful to remove any beach sand, whether submerged or not, any
soil, rock, stones, plants, wood, flora, fauna or their materials from the City
Park unless issued a general or specific permit to do so by the City for the
purposes of educational activities or good husbandry.
(Ord. No. 2004-09, §5; 8-4-2004)
B.
It is unlawful to cause or make any excavation by tools, equipment, blasting
or other means or agency at a City Park unless issued a general of specific
permit to do so by the City for the purposes of educational activities or good
husbandry.
(Ord. No. 2004-09, §5; 8-4-2004)
27.05.06
Firearms/Fireworks/Destructive Devices/Weapons
A.
It is unlawful to carry, fire or discharge any destructive device, explosive,
weapon, or firearm, as those terms are defined in Sections 258.156 and
790.001 (including, however, in this prohibition, the items excepted as
destructive devices and antique firearms), Florida Statutes, or any
fireworks, as defined in Section 791.01, Florida Statutes, of any description
in a City Park. This provision shall not make it unlawful for a person to carry
a concealed weapon or firearm when in possession of a license to do so in
accordance with Section 790.06, Florida Statutes, and in a manner
authorized by law; or to possess a firearm, weapon, ammunition and
supplies for lawful purposes when a person is traveling by private
conveyance and has securely encased the firearm, weapon, ammunition and
supplies or is traveling in a public conveyance when the firearm, weapon,
ammunition and supplies are securely encased and not in the person's
manual possession.
(Ord. No. 2004-09, §6; 8-4-2004)
B.
The City may issue permits to carry firearms for events such as the
reenactment of battles and military salutes if conditions are placed on such
events such as, by way of example, the use of blanks. Law enforcement
officers are hereby provided a general permit to carry issued firearms when
in the course and performance of their lawful duties.
(Ord. No. 2004-09, §6; 8-4-2004)
C.
The City may issue permits to discharge fireworks for special events such
as July 4th and other City sponsored celebrations.
(Ord. No. 2004-09, §6; 8-4-2004)
27.05.07
Hunting/Wildlife Preservation and Conservation.
A.
It is unlawful to harass, hunt, catch, harm, kill, trap, shoot, shine lights at or
throw missiles at any animal, reptile or bird in any City Park.
(Ord. No. 2004-09, §7; 8-4-2004)
B.
It is unlawful to use nets to catch fish in any publicly owned body of water
within the City or within any City Park.
(Ord. No. 2004-09, §7; 8-4-2004)
C.
It is unlawful to use trot lines to catch fish in any publicly owned body of
water within the City or within any City Park.
(Ord. No. 2004-09, §7; 8-4-2004)
D.
It is unlawful for a person to remove or have in his or her possession any
wild reptile, bird or animal or the eggs or nest of young reptile or bird which
is or was located in a City Park.
(Ord. No. 2004-09, §7; 8-4-2004)
E.
It is unlawful to introduce into or leave any wild animal into or at a City
Park.
(Ord. No. 2004-09, §7; 8-4-2004)
F.
The City may issue permits to allow activities and actions that are otherwise
contrary to the provisions of this Section if the City determines that the
activities and actions will be accomplished for management, scientific or
husbandry purposes and are consistent with the public interest.
(Ord. No. 2004-09, §7; 8-4-2004)
27.05.08
Domestic Animals
A.
It is unlawful to allow any pet or domestic animal, as defined in Sections
585.01 and 823.041, Florida Statutes, under a person's care, custody or
control into any City Park, except as provided for by Article 18 (Animal
Control), or as provided for by rules promulgated by the City with regard to
particular City Parks that specifically authorize such animals to be present
and, in the event of such rules being promulgated, a person may act in
accordance with such rules.
(Ord. No. 2004-09, §8; 8-4-2004)
B.
It is unlawful to abandon any domestic animal, as defined in Sections 585.01
and 823.041, Florida Statutes, into or at a City Park.
(Ord. No. 2004-09, §8; 8-4-2004)
C.
The rights of persons to use dog guides, service dogs or nonhuman primates
of the genus Cebus, in accordance with the provisions of Section 413.08,
Florida Statutes, shall not be violated or abridged by application of the
provisions of this Section.
(Ord. No. 2004-09, §8; 8-4-2004)
27.05.09
Alcoholic Beverages/Tobacco Products
A.
It unlawful for a person to possess or consume any alcoholic beverage or
beverages, as defined in Sections 856.015 and 561.01, Florida Statutes, in
any City Park unless a permit is issued by the City for a particular event
occurring in a City Park.
(Ord. No. 2004-09, §9; 8-4-2004)
Cross reference—Alcoholic beverages, Article 17.
B.
It is unlawful for a person to consume any tobacco product in any City Park
except in areas designated by the City for consumption of tobacco products.
(Ord. No. 2004-09, §9; 8-4-2004)
27.05.10
Trespass
It is unlawful for a person to enter or remain in a City Park without a permit when
a City Park is closed.
(Ord. No. 2004-09, §10; 8-4-2004)
27.05.11
Fires
It is unlawful to ignite, set or maintain any fire in a City Park, except in the use of
cooking equipment, such as outdoor grilles, provided by the City for public use
within the Park, or as specifically permitted by the City in association with special
events and celebrations such as July 4th, Founders Day and Market in the Park.
(Ord. No. 2004-09, §11; 8-4-2004)
27.05.12
Camping and Sleeping
It is unlawful to sleep, camp, lodge or park a vehicle overnight in a City Park
without a permit or, upon obtaining a permit, to sleep, camp, lodge or park a vehicle
overnight in an areas not designated for such purposes in signage and postings
displayed at the City Park.
(Ord. No. 2004-09, §12; 8-4-2004)
27.05.13
Signs/Defacement of Trees
A.
It is unlawful, except as permitted by the City, to post or affix to any tree,
shrub, plant, fence, building, structure, monument, wall, table, apparatus,
bridge, post, bench, gate or any other physical object located in a City Park
any sign, poster or printed matter.
(Ord. No. 2004-09, §13; 8-4-2004)
B.
It is unlawful to mark, deface, disfigure or injure any tree, building,
equipment, property or facility located on a City Park.
(Ord. No. 2004-09, §13; 8-4-2004)
27.05.14
Noise and Related Conduct
A.
It is unlawful to play any musical instrument or audio amplification system
or engage in any activity in such a manner as creates a nuisance or
disturbance in a City Park.
(Ord. No. 2004-09, §14; 8-4-2004)
Cross references—Operational/Performance Standards (Noise), Article 9; Offenses,
Article 26.
B.
It is unlawful to use offensive, profane, obscene or foul language at a City
Park.
(Ord. No. 2004-09, §14; 8-4-2004)
27.05.15
Peddling/Distribution of Materials
It is unlawful to engage in any commercial activity or sell or offer for sale any
tangible or intangible stock, object, merchandise or thing, or solicit for any trade,
occupation, business or profession for any consideration within a City Park without
a permit issued by the City.
(Ord. No. 2004-09, §15; 8-4-2004)
27.05.16
Injuring, Interfering with, etc., Buildings and other Property
It is unlawful to mark, deface, disfigure, injure, tamper with, displace or remove
any building, bridge, table, bench, fireplace, railing, paving or paving material,
waterline or other public utility or part or appurtenance thereof, sign, notice, or
placard whether temporary or permanent, monument, stake, post, or other structure,
equipment or any facilities, property or appurtenances whatsoever, located at a City
Park.
(Ord. No. 2004-09, §16; 8-4-2004)
27.05.17
Interference with Personnel
It is unlawful to interfere with, hinder, or oppose any law enforcement officer or
City employee in the discharge of his or her duties or with the enforcement of this
Article.
(Ord. No. 2004-09, §17; 8-4-2004)
27.05.18
Promulgation of Rules
A.
The City may promulgate rules supplemental to the provisions of this
Article relative to the use of City Parks and the violation of such rules shall
constitute a violation of this Article.
(Ord. No. 2004-09, §18; 8-4-2004)
B.
In addition to matters otherwise provided for in this Article, the rules of the
City may pertain to the appropriate and harmonious use of trails consistent
with the multiple uses that will be authorized on the trails, the location of
particular recreational activities and other activities at City Parks, whether
parks are to be used for active or passive recreational activities, access
management with regard to traffic control and management within City
Parks, the operation of motor vehicles and other forms of transportation
within City Parks, pollution and litter within City Parks, the harming or
removal of animals or natural resources within or from City Parks, the use
of dangerous instrumentalities within City Parks, the use of alcoholic
beverages within City Parks, hunting and fishing within City Parks,
domestic animals within City Parks, use of City Park property and the
conditions relating thereto, trespass upon and disturbance within City Parks,
disorderly conduct and loitering within City Parks, fires and illumination
within City Parks, and such other related matters which address the
protection of public property located in and good order in City Parks.
(Ord. No. 2004-09, §18; 8-4-2004)
Cross references—Alcoholic beverages, Article 17; Traffic and motor
vehicles, Article 29.
C.
The provisions of this Article and the rules adopted by the City, or a sign or
notice providing for the location of such documents, shall be posted at a
conspicuous place in each City Park.
(Ord. No. 2004-09, §18; 8-4-2004)
D.
A general condition of each permit to use a City Park is that the permittee
shall abide by and adhere to the provisions of this Article and the rules
promulgated by the City.
(Ord. No. 2004-09, §18; 8-4-2004)
E.
The City Administrator shall regularly review the use of and conditions
within each City Park in order to minimize public liability relating City
Parks.
(Ord. No. 2004-09, §18; 8-4-2004)
F.
The City Administrator shall regularly review the use and condition of each
City Park to ensure compliance with the Americans With Disabilities Act
and other laws, rules and regulations where applicable.
(Ord. No. 2004-09, §18; 8-4-2004)
G.
The City Administrator shall coordinate his or her duties and actions under
the provisions of this Article, as practicable, with the Lake Helen Parks and
Recreation Board established in Article 27 of this Code.
(Ord. No. 2004-09, §18; 8-4-2004)
27.05.19
Penalties/Other Remedies45
A.
Violation of the provisions of this Article or the rules promulgated by the
City under the provisions of this Article shall be punishable by a fine not to
exceed $500.00.
(Ord. No. 2004-09, §19; 8-4-2004)
B.
The City may seek additional remedies for violations of the provisions of
this Article and the rules promulgated by the City to include any and all
remedies authorized by State law such as, by way of example only,
injunctive relief or debarment from the use of City Parks.
(Ord. No. 2004-09, §19; 8-4-2004)
45
Cross-reference – Article 1 General Provisions, Section 1.11.02
ARTICLE 28
POLICE
28.00.00
GENERAL
28.01.00
COURT COSTS FOR POLICE TRAINING--ASSESSMENT
28.02.00
COURT COSTS FOR POLICE TRAINING--USE
28.03.00
RESERVE POLICE
A.
Establishment
B.
Application blanks
C.
Appointments
D.
Qualifications
E.
Compensation
F.
Oath of Office
G.
Pre-appointment Training
H.
Assignment of Duties
I.
Supervision of Chief of Police
J.
Compliance with Regulations
K.
Authority of Officers
L.
Dismissal
M.
Liability
ARTICLE 28
POLICE46
28.00.00
GENERAL
28.01.00
COURT COSTS FOR POLICE TRAINING--ASSESSMENT
A.
There is hereby assessed by the city in compliance with F.S. § 943.25(8) an
additional two dollars ($2.00) court costs against every person convicted for
violation of a state penal or criminal statute or convicted for violation of a
state penal or criminal statute or convicted of a municipal ordinance, where
the offense occurred within the city limits.
B.
In addition, two dollars ($2.00) shall be deducted from every bond estreature
or forfeited bail bond related to such penal estreature or forfeited bail bond
related to such penal statutes or ordinances.
C.
However, no such assessment shall be made against any person convicted
for violation of any state statute or municipal ordinance relating to the
parking of vehicles.
(Ord. No. 81-12, § I, 12-3-81)
28.02.00
COURT COSTS FOR POLICE TRAINING—USE
All assessments under 28.01.00 shall be collected by the appropriate court and shall
be remitted to the city and earmarked for law enforcement education and training
for members of the police department. The use and expenditure of such funds shall
be in accordance with education and training programs for law enforcement
personnel as determined by the Chief of Police and in accordance with F.S. §
943.14(4).
(Ord. No. 81-12, § II, 12-3-81)
28.03.00
RESERVE POLICE
A.
46
Establishment
1.
There is hereby established in and for the city a reserve police force
to be known as the "Lake Helen Reserve Police."\
2.
The purpose of the police reserves shall be to augment the regular
Cross references-Administration, Art. 16: alcoholic beverages, Art. 17: animals, Art. 18; junked, abandoned
property, Art. 23; improvement standards. Art. 5: traffic and motor vehicles. Art. 29.
State law references--Law enforcement officers qualifications, training, and certification, F .S. §§ 943.12.
943.13, 943.14, 943.145, and 943.25 (8); law enforcement officers rights, F.S. §§ 112.531 – 112.534.
police forces of the city in times of natural or man-made disasters,
civil conflicts, and other emergencies, and to serve when additional
police personnel are needed during periods of excessive traffic and
during special events requiring attendance of additional police
personnel.
3.
The reserve unit shall be limited to an overall complement of fifty
(50) persons.
(Ord. No. 79-3, § I, 11-18-79)
B.
Application Blanks
The Chief of Police shall make available application blanks designed to
require the information necessary to make a determination of eligibility for
appointment to the reserve police under this article.
(Ord. No. 79-1, §, II, 11-18-79)
C.
Appointments
Members of the police reserves shall be appointed by the City Commission
upon recommendation of the Chief of Police after all requirements
prescribed by the laws of the state and the Chief of Police have been met.
When so qualified, a person shall then be sworn in by the Chief of Police as
a member of the reserve police.
(Ord. No. 79-3, § II, 11-18-79)
D.
Qualifications
To be eligible for appointment to the reserve police a person shall:
1.
Be not less than twenty-one (21) years of age;
2.
Be a resident of this city or live within a fifteen (15) mile radius;
3.
Be a citizen of the United States of America;
4.
Be able to read, write and understand the English language;
5.
Be in good health, sound in body and mind, and being physically
capable of performing the required duties.
(Ord. No. 79-3, § III, 11-18-79)
State law reference--Law enforcement officers and correctional officers
qualifications for employment, F.S. § 943.13.
E.
Compensation
Each of the reserve police shall serve without pay or compensation, unless
compensation shall be provided by ordinance duly enacted by the City
Commission.
(Ord. No. 79-3, § IV, 11-18-79)
F.
Oath of Office
Each appointee to the reserve police shall be sworn to honesty and impartial
discharge of his duties and that he will support the Constitution of the United
States of America and the Constitution of the State of Florida and the
ordinances of the city.
(Ord. No. 79-3, § V, 11-18-79)
G.
Pre-Appointment Training
The police reserves shall be organized, trained and supervised by the Chief
of Police. No person shall become a member of the police reserves until he
has taken training and is able to meet all requirements prescribed by the state
and the Chief of Police.
(Ord. No. 79-3, § VI, 11-18-79)
State law reference--Law enforcement Training, F.S. §§ 943.12, 943.14, 943.145.
H.
Assignment of Duties
The Chief of Police shall have authority to assign the reserve police to such
locales and to such duties as may be required in the public interest.
(Ord. No. 79-3, § VII, 11-18-79)
I.
Supervision by Chief of Police
The Chief of Police shall be the commanding officer of the reserve police
and shall have control of the assignments, training, stationing and direction
in work of the members thereof.
(Ord. No. 79-3, § VIII, 11-18-79)
J.
Compliance with Regulations
The reserve police shall adhere to and be governed by all rules and
regulations for the guidance of the Chief of Police's office members. This
also shall comply with all other applicable ordinances, rules, and
regulations adopted by the Mayor and City Commission.
(Ord. No. 79-3, § IX, 11-18-79)
K.
Authority of Officers
A member of the police reserves, when on duty as assigned by the Chief of
Police or his delegate, shall have the same authority and powers granted a
regular member of the police department, subject to any limitations which
the Chief of Police or his delegate may impose.
(Ord. No. 79-3, § X, 11-18-79)
State law reference--Law enforcement qualifications, training and certification, F.S. §§
943.12, 943.13, 943.14 and 943.145.
L.
Dismissal
The Chief of Police with the consent of the Mayor and City Commission
shall have the authority to summarily dismiss any of the reserve police for
any reason it shall deem sufficient or when found to be in the best interest
of the city. Vacancies shall be filled in the manner of the original
appointments.
(Ord. No. 79-3, § XII, 11-18-79)
M.
Liability
The city shall be liable for any injuries occurring to members of the reserve
police where the injuries occurred while the members are acting as reserve
police on duty.
(Ord. No. 79-3, § XIII, 11-18-79)
ARTICLE 29
TRAFFIC AND MOTOR VEHICLES
29.01.00
GENERAL
29.02.01
Adoption of Florida Uniform Traffic Control Law
29.01.02
Adoption of Florida Uniform Disposition of Traffic Infractions Act
29.01.03
Traffic Control Devices
29.01.04
When Permits Required for Parades, Processions and Sound Trucks
29.01.05
Open Container of Alcoholic Beverage and/or Alcohol Consumption Prohibited in
or on Motor Vehicle
29.02.00
STOPPING, STANDING, AND PARKING
29.02.01
Unlawful Parking
29.02.02
Authority to Prohibit Parking Adjacent to Schools
29.02.03
Parking Adjacent to Schools
29.02.04
Authority to Restrict Stopping, Standing, or Parking near Hazardous or Congested
Places
29.02.05
Obedience to Angle-Parking Signs or Markings
29.02.06
Parking for Certain Purposes Prohibited
29.02.07
Stopping, Standing, or parking Near Hazardous or Congested Places
29.02.08
Authority to Prohibit or Restrict Stopping, Standing or Parking of Vehicles
29.02.09
Emergency Regulation
29.02.10
Citations
29.02.11
Presumption
29.02.12
Noncriminal Violation
29.02.13
Penalty
29.03.00
IMPOUNDING OF VEHICLES
29.03.01
Authority to Impound Vehicles
29.03.02
Fees
29.03.03
Notice of Impounding
29.04.00
BICYCLES
29.04.01
Speed
29.04.02
Parking
29.04.03
Riding on Sidewalks
29.04.04
Audible Signal Device and Brakes
29.04.05
Penalties
29.05.00
GOLF CARTS
29.05.01
Legislative Findings and Intent/Adoption of Definitions.
29.05.02
Use of Golf Carts within City of Lake Helen
29.05.03
Use of Golf Carts by City Personnel
29.05.04
Penalties
ARTICLE 2947
TRAFFIC AND MOTOR VEHICLES
29.01.00
GENERAL
29.01.01
Adoption of Florida Uniform Traffic Control Law
There is hereby adopted by reference t he Florida Uniform Traffic Control Law,
being Chapter 316 of the Florida Statutes, as amended, which law shall be in
full force and effect in the city as is fully set forth herein, and shall be considered
as part of this chapter.
29.01.02
Adoption of Florida Uniform Disposition of Traffic Infractions Act
There is hereby adopted by reference the Florida Uniform Disposition of Traffic
Infractions Act, being Chapter 318 of the Florida Statutes, as amended, which act
shall be in full force and effect in the city as is fully set forth herein, and shall
be considered as part of this chapter.
29.01.03
Traffic Control Devices
A.
The city may place and maintain such traffic control devices, including
stop signs, upon all city streets within the corporate limits of the city as
shall be deemed necessary to regulate, warn, or guide traffic.
B.
The driver of a vehicle s hall stop as required by any traffic control
device, including a stop sign, at any place within the city wherein a traffic
control device has been placed under and by virtue of the authority of the
city.
(Ord. No. 103. § 1 , 2, 2-16-54)
State law references--Obedience to and required traffic control devices, F.S. 316.074;
uniform signals and devices, F.S. § 316.0745 et seq.
29.01.04
When Permits Required for Parades, Processions and Sound Trucks
A.
47
No procession, or parade, excepting the forces of the United States armed
services, the military forces of this state and the forces of the police and fire
departments, shall occupy, march or proceed along any street or roadway
except in accordance with a permit issued by the Chief of Police and such
Cross references-Administration, Art. 16; junked, abandoned property, Art. 23; noise, Art. 9: offenses, Art.
26; parks and recreation. Art. 27; police. Art. 28; improvement standards, Art. 5.
State law references-Motor vehicles, F.S. § 316.001 et seq.; powers of local authorities. F.S. § 316.008:
Florida Uniform Disposition of Traffic Infractions Act, F.S. Ch. 318; disposition of fines, F.S. § 316.660.
other regulations as are set forth herein which may apply.
B.
No sound truck or other vehicle equipped with amplifier or loudspeaker
shall be driven upon any street for the purpose of selling, offering for sale,
or advertising in any fashion except in accordance with a permit issued by
the Chief of Police.
C.
No oversized or overweight vehicle or equipment may be driven, occupy or
proceed upon any street or roadway, except in accordance with a permit
issued by the Chief of Police and such other regulations as are set forth
herein which may apply.
(Ord. No. 65-2, § 72. 3-18-65)
29.01.05
Open Container of Alcoholic Beverage and/or Alcohol Consumption
Prohibited in or on Motor Vehicle
A.
Policy and intent. The City of Lake Helen, Florida, finds that the
consumption of alcoholic beverages, while driving or riding in or on a motor
vehicle poses an imminent hazard to the health, safety and welfare of its
citizens. Therefore, it is declared that the consumption of alcoholic
beverages and/or the possession of any open container of alcoholic
beverages while driving or riding in a motor vehicle is prohibited when in
the City of Lake Helen, Florida.
B.
Jurisdiction. This section shall be applicable in the incorporated areas of the
City of Lake Helen, Florida.
C.
Definitions. The following words and phrases, when used in this section,
shall have the following meanings:
D.
1.
Motor vehicle: Any vehicle propelled by other than muscular power.
2.
Alcoholic beverage: Any beverage which contains more than one (1)
percent of alcohol by weight.
3.
Highway: Any public street, avenue, boulevard, roadway, alley,
sidewalk and other right-of-way located within the incorporated
areas of Lake Helen, Florida.
4.
Open container: Any bottle, can or other receptacle containing any
alcoholic beverage, which has been opened or a seal broken or the
contents of which have been partially removed.
Inapplicability. This section shall not apply to:
1.
Any person engaged in picking up empty beverage containers for the
purpose of collecting the deposit or value of the bottle or can itself,
nor to any person taking part in a litter control campaign.
E.
2.
The possession of any open container by any licensed distributor or
licensed vendor of alcoholic beverages, provided that such alcoholic
beverage is being transported solely for commercial purposes.
3.
The transportation of any open container of alcoholic beverage in or
on any motor vehicle: provided that such container is in a
compartment of the vehicle, but not readily accessible to the driver
or passengers, such as a locked (not merely latched) glove
compartment, trunk or other non-passenger- or nondriver-area of the
motor vehicle.
4.
The transportation of any open container or consumption of
alcoholic beverage in or on any motor vehicle duly licensed and
operated for hire to transport passengers, such as charter buses,
regularly schedule buses, taxi cabs and the separate passenger
compartments of limousines; provided the operator thereof is not in
immediate possession of or engaged in the consumption of any
alcoholic beverage or open container of an alcoholic beverage.
5.
The operation for a consideration of any motor vehicle by an
individual duly licensed and supplied by a chauffeur service,
limousine service, taxicab company or bus company; provided the
operator thereof is not in immediate possession of, or engaged in the
consumption of, any alcoholic beverage or open container of an
alcoholic beverage and is operating the vehicle while under, and in
the scope of, the employment of a chauffeur service, limousine
service, taxicab company or bus company. The operator must have
in his possession evidence of employment by a bona fide chauffeur
service, limousine service, taxicab company or bus company.
Penalty. Any person found guilty of violating the provisions of this section
shall be punished in accordance with Section 125.69, Florida Statutes, with
a fine not to exceed five hundred dollars ($500.00), or as Section 125.69
may be amended.48
(Ord. No. 87-2, §§ I--V, 2-19-87; Ord. No. 2004-12; § 2, 8-4-2004)
29.02.00
STOPPING, STANDING AND PARKING49
29.02.01
Unlawful parking
It is unlawful to park any vehicle on any street of the city with its left side to the
Cross-reference – Article 1 General Provisions, Section 1.11.02 General Penalty
State law references-Stopping, standing, or parking prohibited in specified places. F.S. § 316.1945; additional
parking regulations, F.S. § 316.195: parking, F.S. §§ 316.1955--316.1967.
48
49
curb.
(Ord. No. 81-6, § II(l), 9-3-81)
29.02.02
Authority to Prohibit Parking Adjacent to Schools
The Chief of Police is hereby authorized to prohibit parking upon either or both
sides of any street adjacent to any school property, and to erect signs giving notice
thereof, when such parking, in his opinion would interfere with traffic or create a
hazardous situation.
(Ord. No. 65-2, § 10, 3-18-65)
29.02.03
Parking Adjacent to Schools
When signs are erected giving notice thereof, no person shall park upon either or
both sides of any street adjacent to any school.
(Ord. No. 65-2, § 58, 3-18-65)
29.02.04
Authority to Restrict Stopping, Standing, or Parking near Hazardous or
Congested Places
The Chief of Police is hereby authorized to designate by proper signs, places not
exceeding one hundred (100) feet in length in which the stopping, standing or
parking of vehicles would create an especially hazardous condition or would cause
unusual delay to traffic.
(Ord. No. 65-2, § 11, 3-18-65)
29.02.05
Obedience to Angle-Parking Signs or Markings
Upon those streets which have been signed or marked by the Chief of Police for
angle parking, no person shall stop, stand or park a vehicle other than at the angle
to the curb or edge of the roadway indicated by such signs or markings.
(Ord. No. 65-2, § 51, 3-18-65)
29.02.06
Parking for Certain Purposes Prohibited
A.
No person shall park a vehicle upon any street for the principal purpose of:
1.
Displaying such vehicle for sale;
2.
Washing, greasing or repairing such vehicle, except repairs
necessitated by an emergency;
3.
4.
Displaying advertising;
Selling merchandise from such vehicle except in a duly established
market places, or when so authorized or licensed under this Code:
5.
Storage, or as junkage or dead storage for more than twenty-four
(24) hours.
(Ord. No. 65-2, § 57, 3-18-65)
29.02.07
Stopping, Standing, or Parking near Hazardous or Congested Places
When official signs are erected at hazardous or congested places, no person shall
stop, stand or park a vehicle in any such designated place.
(Ord. No. 65-2, § 16, 3-18-65)
29.02.08
Authority to Prohibit or Restrict Stopping, Standing or Parking of Vehicle
The Chief of Police is hereby authorized to prohibit or restrict the stopping, standing
or parking of vehicles on any street of this municipality, and to erect signs giving
notice thereof, in his opinion, such stopping, standing or parking of vehicles
interferes with the movement of traffic thereon. The signs shall be official signs,
and no person shall stop, stand or park any vehicle in violation of the signs.
(Ord. No. 65-2, § 9, 3-18-65)
29.02.09
Emergency regulation
The Chief of Police shall have authority to regulate the parking of vehicles as
circumstances and emergencies require, including the authority to reduce the
parking time in restricted areas.
(Ord. No. 81-6, § III, 9-3-81)
29.02.10
Citations
A.
A law enforcement officer for the city who discovers a vehicle parked in
violation of this article may:
1.
Issue a ticket on the form used by the city to the driver: or50
2.
If the vehicle is unattended, attach such ticket to the vehicle in a
conspicuous place.
(Ord. No. 81-6, § IV, 9-3-81)
29.02.11
Presumption
In any proceedings for violations of this article the license plate displaced on the
vehicle shall raise a presumption that the registered owner of the vehicle was the
person who parked the vehicle at the point where the violation occurred. Such
presumption may be rebutted by competent evidence.
(Ord. No. 81-6, § V, 9-3-81)
50
Cross-reference - Article 1 General Provisions, Section 1.11.02 General Penalty
29.02.12
Noncriminal Violation
Any person issued a municipal parking ticket shall be deemed to be charged with a
noncriminal violation and shall comply with the directions on the ticket. If payment
is not received, or a response not made within the specified time period, the
violation may be referred to the traffic violations bureau of the county court for
prosecution.
(Ord. No. 81-6, § V, 9-3-81)
29.02.13
Penalty
Any person who violates the provisions of this article shall be fined the sum of two
dollars ($2.00) and if the fine is not paid within seventy-two (72) hours of issuance,
the fine shall increase to five dollars ($5.00). If not paid within ten (10) days the
violation shall be referred to county court for prosecution. Payment shall be made
to the city at City Hall, Lake Helen, Florida.
(Ord. No. 81-6, § V, 9-3-81)
29.03.00
IMPOUNDING OF VEHICLES51
29.03.01
Authority to Impound Vehicles
The Chief of Police or police officer is hereby authorized to remove a vehicle form
a street to the nearest garage or other place of safety, or to a garage designated by
the police department, or by this city, under the circumstances hereinafter
enumerated:
A.
When any vehicle is left unattended upon any bridge, causeway, or viaduct,
where such vehicle constitutes an obstruction to traffic;
B.
When a vehicle upon a street is so disabled as to constitute an obstruction to
traffic, or the person in charge of the vehicle is by reason of physical injury
incapacitated to such an extent as to be unable to provide for its custody and
removal;
C.
When a vehicle is found being operated upon the streets and is not in proper
condition;
D.
When any vehicle is left unattended upon a street and is so parked illegally
as to constitute a definite hazard or obstruction to the normal movement of
traffic:
51
State law references - Reporting of unclaimed motor vehicle, F.S. § 715.05; abandoned property
supplemental procedure for removal and destruction, F.S. § 705.16 et. seq.
E.
When any vehicle is left unattended upon a street continuously for more
than twenty-four (24) hours and may be presumed to be abandoned;
F.
When the driver of such vehicle is taken into custody by the police
department and such vehicle would thereby be left unattended upon a street;
G.
When removal is necessary in the interest of public safety because of fire,
flood, storm or other emergency reason.
(Ord. No. 65-2, § 22, 3-18-65)
Cross reference-dunked, abandoned property prohibited on property within
the city, § 23.01.00, 23.02.00.
29.03.02
Fees
No vehicle impounded in an authorized garage as herein provided shall be released
therefrom until the charges for towing such vehicle into the garage, and storage
charges have been paid. The charge for towing or removal of any such vehicle and
storage charges shall be fixed by the Chief of Police, such charges to be based upon
a computation of all actual expenses entering into the current cost of such services.
Such charge or charges shall be posted for public inspection in the office of the
clerk, and in any authorized garage.
(Ord. No. 65-2, § 22(9), 3-18-65)
29.03.03
Notice of Impounding
A.
B.
Whenever an officer removes a vehicle from a street as authorized in this
article, and the officer knows or is able to ascertain the name and address of
the owner thereof, the officer shall immediately give or cause to be given
notice in writing to the owner of the fact of such removal, and the reasons
therefore, and of the place to which the vehicle has been removed. If any
vehicle is stored in an authorized garage, a copy of the notice shall be given
to the proprietor of the garage.
Whenever an officer removes a vehicle from a street under this article, and
does not know and is not able to ascertain the name of the owner, or for any
other reason is unable to give the notice to the owner as hereinbefore
provided, then the officer shall within twenty-four (24) hours send or cause
to be sent a report of the removal by electronic communication giving a full
description of the vehicle to the Department of Highway Safety and Motor
Vehicles, and shall file notice with the proprietor of any authorized garage
in which the vehicle may be stored. The notice shall include a complete
description of the vehicle, the date, time, and place from which removed,
the reasons for such removal, and the name of the garage or place where the
vehicle is stored.
(Ord. No. 65-2, § 23, 3-18-65)
State law reference--Reporting of unclaimed motor vehicle, F.S. § 715.05.
29.04.00
BICYCLES52
29.04.01
Speed
No person shall operate a bicycle at a speed greater than is reasonable and prudent
under the conditions then existing.
(Ord. No. 65-2, § 86.3-18-65)
29.04.02
Parking
No person shall stand or park a bicycle upon a street other than upon the roadway
against the curb, or upon the sidewalk, in a rack to support the bicycle, or against a
building, or at the curb, in such a manner as to, afford the least obstruction to
pedestrian traffic.
(Ord. No. 65-2, § 87, 3-18-65)
29.04.03
Riding on Sidewalks
A.
No person shall ride a bicycle upon a sidewalk within a business district.
B.
When signs are erected on any sidewalk or street which prohibit the riding
of bicycles thereon by any person, no person shall disobey such signs.
C.
Whenever any person is riding a bicycle upon a sidewalk, such person shall
yield the right-of-way to any pedestrian and shall give audible signal before
overtaking and passing such pedestrian.
(Ord. No. 65-2, § 88, 3-18-65)
29.04.04
Audible Signal Device and Brakes
A.
No person shall operate a bicycle unless it is equipped with a bell or device
capable of giving signal audible for a distance of at least one hundred (100)
feet, but no bicycle shall be equipped with, nor shall any person use upon a
bicycle, any siren or whistle.
B.
Every bicycle shall be equipped with a brake which will enable the operator
to make a braked wheel skid on dry, level, clean pavement.
(Ord. No. 65-2, § 89(2), (3), 3-18-65)
29.04.05
Penalties
A.
52
Every person not a juvenile, as defined by the laws of this state, found guilty
of a violation of any provisions found in section 29.04.04 shall be punished
by a fine of not more than twenty-five dollars ($25.00) or by impounding of
such person's bicycle for a period not to exceed ninety (90) days.
State law reference-Bicycle regulations, F.S. §§ 316.2065, 316.207 and 316.2075.
B.
Upon the recommendation of a judge or a juvenile court or a competent
court having jurisdiction ever the person of a minor, the Chief of Police may
impound such minor's bicycle for such period as the court may determine.
(Ord. No. 65-2, § 90, 3-18-65)
29.05.00
GOLF CARTS
29.05.01
Legislative Findings and Intent/Adoption of Definitions.
A.
The City Commission has elected to enact an ordinance regarding golf cart
operation and equipment which is more restrictive than those enumerated in
Section 316.212, Florida Statutes, relating to the operation of golf carts on
roadways and Section 316.2125, Florida Statutes, relating to the operation
of golf carts within retirement communities to protect the public health,
safety, welfare and to ensure the protection of pedestrian bicycle and all
vehicular travel within the City of Lake Helen and its citizenry.
State law reference-- Operation of golf carts on certain roadways, F.S. §
316.212.
State law reference-- Operation of golf carts within a retirement community,
F.S., 316.2125.
B.
The City Commission has determined that the City-maintained streets are
uniformly configured by platting and right of way designation; that golf
carts are currently an accepted mode of limited destination travel; that traffic
counts do not generate negative results germane to restricted golf cart use
and legislation; that use of golf carts has been reviewed, investigated, and
analyzed by the police department and no negative findings were generated;
and the City of Lake Helen has found it operationally and economically
feasible to implement Section 316.212, Florida Statutes (2006).
State law reference-- Operation of golf carts on certain roadways, F.S. §
316.212.
C.
It is the intent of the City Commission of the City of Lake Helen to protect
the public health, safety and welfare and to ensure the protection of the
travelling public and the citizens of the City of Lake Helen by this legislative
enactment.
(Ord. No. 2007-04; § 1, 8-16-2007)
29.05.02
Use of Golf Carts within City of Lake Helen
A.
In accordance with the provisions of Section 316.212, Florida Statutes,
relating to the operation of golf carts on roadways, the operation of a golf
cart upon the streets of the City is not prohibited on streets within the
municipal limits of Lake Helen with posted speed limits of 30 m.p.h. or less.
The City Commission has determined that golf carts may safely travel on
and/or cross the public roads and/or streets of Lake Helen, considering the
facts of speed, volume, and the character of pedestrian, non- motorized
travel and all motor vehicle traffic, using the streets of the City of Lake
Helen.
State law reference-- Operation of golf carts on certain roadways, F.S. §
316.212.
B.
Upon a determination that golf carts may be safely operated on a designated
road or street, the City Administrator, or designee, shall post appropriate
signs to indicate that such operation is authorized and allowed. With regard
to the streets where the operation of golf carts is prohibited, the City
Commission has, and shall be deemed for all purposes to have, determined
that such prohibition is necessary in the interest of public safety in
accordance with subsection 29.05.02A. hereof.
C.
A golf cart may be operated at any time, day or night, on public roads or
streets with a posted speed limit of 30 m.p.h. or less provided the golf cart
is equipped with headlights, brake lights, turn signals, a windshield, and
such other equipment as is required in subsection 29.05.02E. hereof. The
City Administrator, or designee, shall post appropriate informational
signage within the City upon specific direction from the City Commission.
D.
No golf cart shall be driven, operated, or controlled on the public roads or
streets of the City of Lake Helen unless the golf cart has a visible City of
Lake Helen permit tag on the golf cart that is current and unrevoked
indicating compliance with all necessary laws. An administrative fee of
$25.00 for the permit shall be issued only to a specific golf cart. The Chief
of Police, or authorized designee, upon compliance with this Article and all
other applicable state and federal law, shall inspect each golf cart for
compliance, issue and install required permits. Each permit issued shall be
renewed on an annual basis by the last day of the month issued. Further, any
permit issued is subject to administrative revocation by the City for noncompliance with any local, state, or federal law or regulation germane to the
operation of golf carts. The Chief of Police, or designee, shall issue a letter
of revocation to the permittee and the golf cart permit shall be returned to
the issuing authority of the City instanter.
E.
In accordance with the provisions of State law, a golf cart must be equipped
with efficient brakes, reliable steering apparatus, safe tires, a rearview
mirror, and red reflectorized warning devices in both the front and rear to
the satisfaction of the Chief of Police or designee in accordance with the
requirements hereof.
F.
All operators of golf carts on public streets within the city limits of Lake
Helen must possess a valid operator's license and it is prohibited and
unlawful for a golf cart to be operated at any time on public streets by any
person who does not possess a valid operator’s license.
(Ord. No. 2007-04; § 2, 8-16-2007)
29.05.03
Use of Golf Carts by City Personnel
City of Lake Helen personnel, who have been issued a valid Florida operator’s
license, are hereby authorized to operate golf carts and utility vehicles on Citymaintained roads located within the City limits of the City of Lake Helen if the golf
carts and utility vehicles comply with the operational and safety requirements of
State law and this section and are solely operated by City employees for City
purposes including, but not limited to, police patrol, traffic enforcement, and
inspection of public facilities, and golf carts and utility vehicles may only be
operated on City maintained roadways, pursuant to Section 316.2126, Florida
Statutes.
(Ord. No. 2007-04; § 3, 8-16-2007)
State law reference-- Authorized use of golf carts, low-speed vehicles, and utility vehicles,
F.S. § 316.2126.
29.05.04
Penalties
A.
The City may enforce the provisions of this section in accordance with any
legal remedy permitted by State law and violations hereof shall carry the
maximum penalty authorized by State law under Chapter 316. A violation
of this section is a noncriminal traffic violation infraction, punishable
pursuant to Chapter 318 and Chapter 322, Florida Statutes.
State law reference—Disposition of Traffic Infractions, Chapter 318, F.S.
State law reference—Driver Licenses, Chapter 322, F.S.
B.
The City hereby adopts any and all subsequent additions and/or
amendments to the aforesaid Florida Statutes and same shall be considered
and construed as incorporated herein by this reference.
(Ord. No. 2007-04; § 4, 8-16-2007)
ARTICLE 30
VEGETATION
30.00.00
APPLICABILITY
30.01.00
DEFINITIONS
30.02.00
DECLARATION OF NUISANCE
30.03.00
TREE REMOVAL
30.03.01
Menace to Public Safety
30.03.02
Failure to Abate Menace
30.03.03
Costs to be Reimbursed
ARTICLE 30
VEGETATION53
30.00.00
APPLICABILITY
This Article shall be applicable within the corporate limits of the City of Lake
Helen.
(Ord. 97-13, 10-2-97)
30.01.00
DEFINITIONS
The following words, terms and phrases, when used in this Article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates
a different meaning.
Adjacent lot and lot adjacent mean the lot immediately adjoining or contiguous to
or abutting the right-of-way immediately opposite the lot that is subject to review
under this Article.
City Commission means the Mayor and four Commissioners duly elected.
Code Enforcement Officer shall mean the city's duly appointed agent responsible
for enforcing the provisions of these regulations and insuring code compliance.
Developed lot means any lot which has a building or mobile home on it and is in
residential, mobile, home, commercial, industrial or public use.
Lot means any tract or parcel of land approved, platted or exempt, in accordance
with the city zoning regulations and classified in Article II of the City Land Use
Code or an approved community development plan.
Natural state means a vacant lot that has never been cleared or has not been
maintained for a period of three years or more.
Nuisance weeds means grass, weeds, brush and undergrowth (specifically excluding
trees, planted ornamental shrubs and saw palmettos) which are allowed to grow in
an uncontrolled manner or not cared for or regularly maintained and which reach a
height in excess of 20 inches.
Owner means the owner of record of a lot as such appears in the official records of
53
Cross references--Administration, Art. 16; buildings and building regulations, Art. 15; health and sanitation,
Art. 22; mobile homes and trailers. Art. 25; land use. Art. 2; subdivisions, Art. 11; Code Enforcement, Art. 10.
the clerk of the circuit court in and for the city.
Rubble and debris means waste materials resulting from the construction or
demolition of structures or buildings which are not usable as a part of or for the
construction or demolition of structures or buildings.
Tree means any woody plant or palm which in its mature state under normal
growing conditions reaches a height of ten feet or greater.
Waste means garbage, rubbish and refuse from residential, commercial or industrial
activities, including kitchen and table food waste, animal or vegetative waste that
is attendant with or results from the storage, preparation, cooking or handling of
food material; paper, wood scraps, cardboard, cloth, glass, rubber, plastic; discarded
automobiles, tires or automobile parts or fixtures; household goods or appliances;
toys; tools or equipment; and similar materials.
Yard trash means abandoned vegetative material from landscaping, maintenance or
land clearing operations, and includes such materials as tree and shrub trimmings,
grass clippings, palm fronds, tree limbs, tree stumps and similar materials.
(Ord. 97-13, 10-2-97)
30.02.00
DECLARATION OF NUISANCE
It is hereby declared and determined by the City Commission that the following
shall each individually or in any combination be considered a nuisance when they
exist upon any lot, lots or adjacent lots, as the case may be, in the corporate limits
of the City of Lake Helen:
A.
Nuisance weeds, excluding trees, planted ornamental shrubs and saw
palmetto, where the greater portion of the weeds on the lot exceeds 20 inches
in height, which impair the economic welfare of property, contribute to a
fire hazard and/or create a health hazard when any part of said growths are
located on any lot adjacent to the boundary of any developed lot.
B.
Accumulations of waste, yard trash, or rubble and debris.
C.
Accumulations of waste, yard trash, or rubble and debris that may harbor
rats or snakes or that may contain pools of water that may serve as breeding
grounds for insects or other disease vectors.
(Ord. 97-13, 10-2-7)
30.03.00
TREE REMOVAL54
30.03.01
Menace to Public Safety
54
Cross reference: Article 3, Resource Protection Standards
Whenever it shall, in the judgment of the City Commission, be a menace to the
public safety, for any tree or trees, or any branch or limb thereof to stand on or
overhang any building, highway, sidewalk or other property within the city, the
owner of the property on which the tree or trees are located, shall upon ten (10)
days’ notice from the City Commission, remove, cut down or trim the tree or the
branch or limb thereof, so determined by the City Commission to be menacing to
public safety.
(Ord. No. 76, § I, 5-7-28)
30.03.02
Failure to Abate Menace
If the owners of the property upon which the trees are located shall fail to Comply
with the aforesaid notice, the City Commission shall have the power to authorize
its agents or employees to cut down, remove or trim such tree or trees or any such
branch or limb thereof determined as aforesaid to be menacing to public safety, to
the extent they constitute a menace.
(Ord. No. 76, § 2, 5-7-28)
30.03.03
Costs to be Reimbursed
Whenever it shall be necessary for the City Commission to have such trees, or
branch or limb thereof cut down, removed or trimmed, upon failure of the owner so
to do, as aforesaid, the reasonable costs and expenses thereof shall be paid by the
owner of the property upon which such trees are located. Upon failure of the owner
of such property to pay reasonable costs and expenses for the cutting down, removal
or trimming, as aforesaid, for a period of fifteen (15) days after it is completed, and
after a statement of the costs and expenses has been rendered to such owner or
owners, the reasonable costs and expenses shall constitute a subsisting lien against
such property and be taxed against such property in the manner and form provided
for taxing similar special taxes or assessments.
(Ord. No. 76, § 3, 5-7-28)
ARTICLE 31
FRANCHISES
31.01.00
FLORIDA POWER CORPORATION
31.01.01
Ordinance No. 81-4
31.02.00
ORANGE CITY TELEPHONE CO., INC.
31.02.01
Ordinance No. 82-9
31.03.00
GROUP W CABLE, INC.
31.03.01
Ordinance No. 83-2
ARTICLE 31
FRANCHISES55
31.01.00
FLORIDA POWER CORPORATION56
31.01.01
Ordinance No. 81-4
AN ORDINANCE GRANTING TO FLORIDA POWER
CORPORATION, ITS LEGAL REPRESENTATIVES,
SUCCESSORS AND ASSIGNS, AN ELECTRIC
FRANCHISE, AND IMPOSING CERTAIN CONDITIONS
RELATING THERETO:
NOW THEREFORE be it ordained by the City Commission of the City of Lake
Helen, Volusia County, Florida:
Section 1. [Grant]
That for a period of 30 years, the City of Lake Helen (herein sometimes referred to
a Grantor) does hereby give and grant to Florida power Corporation, a corporation
organized and existing under the laws of the State of Florida, and to its legal
representatives, successors and assigns (herein called Grantee), the right, privilege
and franchise to construct, operate and maintain in the said City of Lake Helen, Fla.,
all electric power facilities required by the Grantee for the purpose of supplying
electricity to Grantor, its inhabitants and the places of business located within
Grantor's boundaries.
Section 2. [Term]
That with respect to the right, privilege and franchise granted to Grantee in Section
I above, said Grantee shall have for a period of thirty (30) years the right, privilege,
franchise, power and authority to use the streets, avenues, alleys, easements,
wharves, bridges, public thoroughfares, public grounds and/or other public places
of Grantor as they now exist or may hereafter be constructed, opened, laid out or
extended beyond the present geographical boundary lines of grantor.
Section 3. [Rates]
The rates to be charged by the Grantee for electric service rendered under this
55
Cross references--Any franchise saved from repeal § 1.07.00; administration, Art. 16; licenses, Art. 24; streets,
sidewalks and other public places, Art. 5.
56
Editor's note--Printed herein is the electric franchise of the city, Ord. No. 81-4, adopted July 16, 1981. Material
added for clarity is indicated by brackets [ ].
franchise shall be the Grantee's standard public tariffs now in effect or as
subsequently approved by the Florida Public Service Commission or such other
State agency as may have proper jurisdiction under the general laws of the State of
Florida.
Section 4. [Fee]
That within thirty days after the first anniversary of the effective date of this grant,
and within thirty days after each succeeding anniversary of the effective date of this
grant, the Grantee, its successors and assigns, shall pay to the Grantor and its
successors an amount which added to the amount of all taxes; licenses and other
impositions levied or imposed by the Grantor upon the Grantee's electric property,
business or operations, for the preceding tax year, will equal 6% of Grantee's
revenues from the sale of electrical energy to residential and commercial customers
within the corporate limits of the Grantor for the twelve months preceding the
applicable anniversary date.
Section 5. [Rights]
At and after the expiration of this franchise, Grantor shall have the right to purchase
the electric plant and facilities of Grantee located within the corporate limits of
Grantor which are used under or in connection with this franchise or right, at a
valuation of the property desired, real and personal, which valuation shall be fixed
by arbitration as may be provided by law. Excepted from this reservation are power
plants and high tension transmission lines owned by the Corporation and connected
with its general system of distribution and used for the purposes of serving
communities other than the Grantor herein. As a condition precedent to the taking
effect of this franchise grant, Grantee shall give and grant to the Grantor the right
to purchase herein so reserved. Grantee shall be deemed to have given and granted
such right of purchase and satisfied this condition precedent by its acceptance of
this franchise.
Section 6. [Liability]
The Grantor shall in no way be liable or responsible for any accident or damage that
may occur in the construction, operation or maintenance by Grantee of its facilities
hereunder, and the acceptance of this ordinance shall be deemed an agreement on
the part of Grantee, to indemnify Grantor and hold it harmless against any and all
liability, loss, cost, damage or expense, which may accrue to Grantor by reason of
the neglect, default, or misconduct of Grantee in the construction, operation or
maintenance of its facilities hereunder.
Section 7. [Annexation]
In the event of annexation of any territory to the present corporate limits of Grantor,
any and all portions of the electric system of Grantee located in said annexed
territory shall be subject to all of the terms and conditions of this grant as though it
were an extension made hereunder.
Section 8. [Repealer]
That all ordinances and parts of ordinances in conflict herewith be and the same are
hereby repealed.
Section 9. [Effective date]
This ordinance shall take effect upon passage, which date shall be used in
computing the 30-year period of this franchise.
31.02.00
ORANGE CITY TELEPHONE CO., INC.57
31.02.01
Ordinance No. 82-9
AN ORDINANCE OF THE CITY OF LAKE HELEN, FLORIDA, GRANTING
TO ORANGE CITY TELEPHONE COMPANY, INC. A FLORIDA
CORPORATION, ITS SUCCESSORS AND ASSIGNS, THE RIGHT,
PRIVILEGE AND FRANCHISE TO CONSTRUCT, MAINTAIN AND
OPERATE TELEPHONE, TELEGRAPH AND TELEPHONIC RADIO AND
OTHER TYPES OF COMMUNICATIONS SYSTEMS WITHIN THE CITY OF
LAKE HELEN, VOLUSIA COUNTY, FLORIDA FOR A PERIOD OF FIVE (5)
YEARS FROM THE EFFECTIVE DATE HEREOF AND PRESCRIBING
CONDITIONS, LIMITATIONS, RESERVATIONS AND PROVISIONS
RELATING THERETO.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LAKE
HELEN, FLORIDA:
Section 1. [Grant]
There is hereby granted to Orange City Telephone Co., Inc. a corporation organized
and existing under the laws of the State of Florida, its successors and assigns
(hereinafter called "grantee"), the right, privilege, and franchise to construct,
maintain, and operate a communications system or systems in, over, upon, under
and across the present and future streets, alleys, avenues, easements for public
utilities, highways, bridges, other public places and upon such public facilities as
poles and conduits in the City of Lake Helen, Florida (hereinafter referred to as
"grantor") any and all necessary telephone, telegraph, telephonic radio, together
with all necessary or desirable poles, cables, wires, transmission lines, and all
necessary or desirable appurtenances thereto, for the purpose of supplying
telephone, telegraph, telephonic radio to grantor, and its successors, the inhabitants
thereof, and the persons and corporations beyond the limits thereof, for domestic,
57
Editor's note-Printed herein is a telephone franchise of the city, Ord. No. 82-9, adopted Dec. 16, 1982. Material
added for clarity is indicated by brackets.
commercial and other purposes.
Section 2. [Considerations]
This grant is made in consideration of the construction, maintenance and operation
of telephone lines or other facilities by the grantee as now and heretofore existing
and as herein provided for and for the benefits and conveniences of the inhabitants
of the grantor as a result thereof.
Section 3. [Safety of grantor]
All poles, posts, crossarms, appliances, or other structures or facilities of the said
grantee shall be so placed and maintained, and all wires and cables kept at such an
elevation, and so attached and secured, as not to endanger persons or property,
lawfully in, upon or adjacent to the streets, avenues, highways, lanes, alleys and
sidewalks of the grantor.
Section 4. [Nonliability of grantor]
The grantee hereby covenants and agrees to hold the grantor completely harmless
and to indemnify it from any and all liability, loss and damage of every, nature
whatsoever resulting from the grantee's operations and facilities of every nature
whatsoever, including, but not limited to, the operation, placing and repair of the
grantee's equipment, poles, lines, guy wires, conduits and holes and declivities and
breaks in pavement and other changes or alterations in the streets, sidewalks and
property of the grantor.
Section 5. [Rights of grantor]
Poles, towers and wires shall be located so as to interfere as little as practicable with
normal use of said streets avenues, alleys, highways, bridges and other public places
and so as to preserve reasonable means of egress and ingress to abutting property.
Provided, however, that this grant is made subject to the right of the grantor to at
all times control the distribution of space in, over, upon, under and across the streets,
avenues, alleys and other public places of said grantor; to make such reasonable
regulations affecting and governing the use of said streets, alleys, avenues and other
public places by said grantee for its property and appliances as may, in the opinion
of the grantor and its governing body, be required for the reasonable protection of
the public health, safety and accommodation of the community, and when in the
opinion of the grantor and its governing body the public necessity or reasonable
convenience so requires, to demand the removal, reconstruction, and relocation of
such property and facilities.
Grantee shall properly replace or repair any sidewalks or street that is displaced,
destroyed or damaged by the grantee in construction of its, poles, lines, or conduits;
and upon failure so to do after reasonable notice in writing, shall have been given
by the duly constituted authority of the grantor to the said grantee, the grantor may
repair the same at the cost of the grantee.
Section 6. [Excavations]
The grantee, whenever it shall make any excavations, in any of the streets, avenues,
highways, lanes, alleys or sidewalks of the grantor, or shall have any material in or
upon any street, avenue, highway, lane, alley or sidewalk, shall erect and maintain
adequate barricades and suitable warning signs, to warn person from such
excavations and material, and shall place and maintain suitable lights to warn
persons from such excavations and material at night.
Section 7. [Installation and maintenance of lines]
The grantee shall install and maintain all of its lines and other works and structures,
in the said streets, avenues, highways, lanes, alleys and sidewalks, in proper and
safe condition, and in installing and maintaining the same, grantee shall not displace
or disturb any sewer or drain, or any other works, belonging to the grantor, or to
any company having a franchise to use any of the streets, avenues, highways, lanes,
alleys or sidewalks of the grantor without the consent of the grantor, and the grantee
shall be liable to the grantor for the cost of any repairs made necessary by any such
interference or disturbance.
Section 8. [Interference with public convenience]
All excavations, installations and other work done, in the use and enjoyment of this
grant and franchise, shall be done with the least possible inconvenience to the public
and to the inhabitants of the grantor, and with all reasonable dispatch, and all
damage done to the streets, avenues, highways lanes, alleys, sidewalks and other
public property by reason of any such work, shall be repaired without unnecessary
delay, and without expense to the grantor, and all obstructions caused or created by
any such work shall be removed within a reasonable time, and the grantee shall
cause all of the streets, avenues, highways, lanes, alleys and sidewalks of the grantor
to stay open for travel, as much as may be practicable, during any work done in the
use and enjoyment of this grant and franchise.
Section 9. [Term]
The rights, privileges and franchise granted and set forth herein are hereby granted
for a term of five (5) years from and after the date of the passage of this ordinance,
subject to the terms, conditions and restrictions herein set forth, and the applicable
provisions of law now existing or hereafter enacted.
Section 10. [Fee]
As a further consideration for the granting of this franchise, grantee will pay to said
grantor an annual sum equal to one percent of grantee's gross annual recurring local
exchange service revenues generated from the conventional business and residence
subscribers located within the corporate limits of grantor. The sums due grantor
shall be paid on or before the fifteenth day of each month for the preceding month.
The payment of said fee to the city as hereinabove stated shall be the only franchise
fee required of the grantee by the grantor and shall be in lieu of any telephone
service provided at no charge, or at a rate below tariff rates.
Section 11. [Acceptance]
The grantee, within thirty (30) days after the passage of this ordinance, shall file
with the City Clerk its written acceptance of this ordinance. If said acceptance is
not received by the City Clerk as specified, this ordinance shall be null and void
and have no further force and effect.
Section 12. [Validity]
If any section, part of-section, subsection, paragraph, sentence, clause, phrase or
word is held by any court to be void or invalid or unconstitutional, it shall not affect
the validity of the remaining portion of this ordinance which shall remain in full
force and effect.
Section 13. [Effective date]
This ordinance shall become effective 1 January 1983.
31.03.00
GROUP W CABLE, INC.58
31.03.01
Ordinance No. 83-2
AN ORDINANCE GRANTING TO GROUP W
CABLE, INC. A NON-EXCLUSIVE FRANCHISE TO
ERECT, MAINTAIN AND OPERATE IN, UNDER.,
OVER., ALONG, ACROSS AND UPON THE
STREETS, LANES, AVENUES, SIDEWALKS,
ALLEYS, BRIDGES, AND HIGHWAYS AND
OTHER PUBLIC PLACES IN THE CITY OF LAKE
HELEN,
FLORIDA,
AND
SUBSEQUENT
ADDITIONS THERETO, FOR THE PURPOSE OF
CONSTRUCTING, OWNING, OPERATING AND
MAINTAINING A CABLE TELEVISION SYSTEM
PURSUANT TO THE TERMS AND CONDITIONS
SET FORTH HEREIN.
58
Editor's note--Printed herein is a cable franchise of the city, Ord. No. 83-2, adopted January 20, 1983.
Material added for clarity is indicated by brackets.
WHEREAS, the City of Lake Helen, has, following
reasonable notice, conducted a full public hearing, affording all
person reasonable opportunity to be heard, which proceeding
was concerned with the analysis and consideration of the
technical ability, financial condition, legal qualification and
general character of the franchisee and
WHEREAS, the City of Lake Helen after such
consideration, analysis and deliberation, has approved and found
sufficient the technical ability, financial condition, legal
qualification, and character of said franchisee, and
WHEREAS, the said City of Lake Helen has at said
public hearing also considered and analyzed the plans of the
Franchisee for the construction and operation of the cable
television system and found the same to be adequate and feasible
in view of the needs of and requirements of the entire area to be
served by the said system:
Section 1. [Short title]
This ordinance shall be know and may be cited as the Lake Helen--Group W Cable,
Inc. Cable Television Ordinance.
Section 2. [Grant]
In consideration of the faithful performance and observance of the conditions and
reservations herein specified, the right is hereby granted to Group W. Cable, Inc.
(company), to construct, own, operate and maintain a cable television system in,
under, over, along, across, and upon the streets, lanes, avenues, sidewalks, alleys,
and other public places in the City of Lake Helen, Florida, (city), and subsequent
additions thereto, for the purpose of constructing, owning, operating and
maintaining a cable television system pursuant to the terms and conditions set forth
herein.
Section 3. [Definition]
Whenever used in this ordinance, the word "CATV system or cable television
system" shall mean a system of antennas, cable, wires, lines, towers, wave guides,
or other conductors, convertors, equipment or facilities designed and constructed
for the purpose of producing, receiving, transmitting, amplifying and distributing,
audio, video and other forms of electronic or electrical signals, located in the city.
Section 4. [Use, maintenance of poles; authority to trim trees]
A.
To the extent possible, company shall make attachments to poles already in
existence within city. To the extent that existing poles are insufficient for its
purpose, or if the company is unable to negotiate agreements satisfactory to
it providing for use of existing poles, company shall have the right to erect
and maintain its own poles, or underground conduits, as necessary, for the
construction and maintenance for its television distribution system subject
to the approval by the city as to location of such poles, or underground
conduits.
B.
Company shall have the privilege of attaching any of its system facilities to
any existing or future poles, towers, or other electrical facilities owned by
the city, in a manner which will not interfere with the use of such poles,
towers and other electrical facilities by city.
C.
Company shall, with the prior approval of the city and at company's
expense, have the authority to trim trees upon and overhanging all streets,
alleys, easements, sidewalks, and other public places within city so as to
prevent the branches of such trees from corning into contact with the
facilities of the company.
Section 5. [Responsibilities of company generally]
A.
The company shall file with the City Commission for approval, plans and
specifications for the location or relocation of all facilities located within
the city and such approval shall not be unreasonably withheld. The facilities
shall be so located or relocated and so erected or installed as not to obstruct
or interfere with the use of streets, alleys, easements, and other public ways
and places, or other utilities or structures already installed or hereinafter to
be installed, subject at all times to the lawful police power of the city.
B.
In case of any disturbance of pavement, sidewalk, driveway or other surface,
company shall, at its own expense, upon completion of such construction,
repair or installation of any of its faculties, remove, replace and restore all
pavement, sidewalks, driveway, or surface so disturbed in as good
conditions as they were before the work was commenced. Such work shall
be approved by the city. The company shall provide a bond prior to its
disturbance of pavement, sidewalks, driveways or other surface for an
amount equal to the cost of the restoration of said disturbance. The bond
shall be approved by the city before construction is begun by the company.
Any unreasonable obstruction of any street, alley, avenue, bridge, easement
or other public place or way of the city not removed by the company after
written notice of ten (10) days by the city demanding removal thereof, not
properly repaired by the company after its work therein, after written notice
of ten (10) days by city demanding repair thereof, may be removed or
repaired, as the case may be, by the city and the reasonable cost thereof plus
ten (10) percent of such cost for administration and engineering expenses,
shall be charged against said company and shall be collectable by the city
in any lawful manner, and all costs and reasonable attorney's fees incurred
by the city in such enforcement shall be paid by the company to the city.
C.
In the event that at any time during the period of this franchise, the city shall
elect to alter or change any street, alley, easement, or other public way
requiring the relocation of the facilities of the company, then in such event,
the company, upon reasonable notice by the city, shall remove, relay and
relocate its facilities at its own expense in accordance with the standards and
procedures set forth in this section 5.
D.
The company shall, when necessary on the request of any person holding an
appropriate permit issued by city, temporarily raise or lower its lines to
permit the moving of any building or other structure. The actual expense of
such temporary removal shall be paid by the person requesting same, and
company shall have the right to require such payment in advance for such
temporary removal.
E.
All poles, lines, structures, and other facilities of company, in, on, over and
under the streets, sidewalks, alleys, easements and other public grounds or
places within city shall be kept by company at all times in a safe, sound and
substantial condition.
F.
The company's work, while in progress, shall be properly protected at all
times with suitable barricades, flags, lights, flares, or other devices to protect
all members of the public having occasion to use the portion of the streets
involved or adjacent property.
Section 6. [Efficient service]
A.
Company shall render efficient service, and make repairs promptly.
Company shall operate and maintain its cable television system in full
compliance with the minimum applicable standards set forth by the Federal
Communications Commission.
B.
Whenever it is necessary to shut off or interrupt service for the making of
repairs, installations, or adjustments, company shall do so at such times as
will cause the least amount of inconvenience to its customers and unless
such interruption is unforeseen and immediately necessary, it will give
reasonable notice thereof to its customers.
C.
The company will investigate any claim of interference to the television
reception of nonsubscribers which might be attributable to the system.
Section 7. [Insurance]
Prior to the beginning of any work by the company within the corporate limits of
the city, the company shall files with the city and shall keep in force and effect at
all times during the effective period hereof, insurance certifications evidencing a
liability insurance policy of insurance, in the amount of two hundred fifty thousand
dollars ($250,000.00)/five hundred thousand dollars ($500,000.00) bodily injury
and two hundred fifty thousand dollars ($250,000.00) property damage, the terms
and conditions whereof shall be such as to provide for the protection and
indemnification of the city with respect to claims of any persons or corporation
suffering injury, loss or damage to person or property by reason of the construction,
operation or maintenance of its television system within the corporate limits of the
city. Such insurance policy shall be subject to the reasonable acceptance and
approval of the city. Any primary insurance policy must be issued by a company
having a policy-holder's surplus at least five (5) times the amount of coverage of
the policy and the company must have management rating in Best's Insurance Guide
of BB or better. Any excess policy used must be issued by underwriters reasonably
acceptable to the city. Each such policy shall be in such minimum limits as are
acceptable to the city, and said insurance coverage shall remain in full force and
shall be undiminished during the effective period of this ordinance. Every such
insurance policy shall contain a provision whereby every company executing the
same shall obligate itself to notify the city in writing at least thirty (30) days before
any alteration, modification, or cancellation of such policy is to become effective.
In the event that any suit is filed or action brought against the city, either severally
or jointly with the company, by any person or corporation seeking to recover
damages resulting from or attributable to or arising in any manner whatsoever out
of the negligent operations of the company within the city, the company shall upon
written notice by the city, defend said suit or action, and, in the event, any judgment
therein should be rendered against the city, the company shall promptly pay the
sum, together with all the costs resulting therefrom. Written notice shall be noticed
in writing demanding the company to defend said suit against the city mailed to the
company’s last known address certified mail return receipt.
Section 8. [Subscriber rates; authority of company to promulgate rules]
59
A.
Subscriber rates for cable service shall not be regulated by the city. It is the
intent of the city that such rates should be determined by free enterprise. A
proposed schedule of channel coverage and current rates shall be provided
by the company to the city annually, (company's proposed schedule of initial
rates and charges is attached as Attachment A).59
B.
Company shall have the authority to promulgate such rules, regulations,
terms and conditions governing the conduct of its business as shall be
reasonably necessary to enable the company to exercise its rights and
perform its obligations under this franchise, provided however, that such
rules, regulations, terms and conditions shall not be in conflict with the
Editor's note-At the discretion of the editor, Attachment A has not been set out herein, but it is available for
public inspection in the office of the city clerk.
provisions hereof or applicable state and federal laws, regulations and rules.
C.
In the event that any subscriber shall fail to pay fee or charges within fifteen
(15) days after notification such charges are due, company reserves the right
to withhold and/or deny service to such subscriber, and to remove any
installation which it has made to provide service to such subscriber.
Otherwise, the service rendered by company shall be available to all
inhabitants within the present city limits of Lake Helen.
Section 9. [Forfeitures of rights]
A.
If company should violate any of the terms, conditions or provisions of this
ordinance or if company should fail to comply with any provision of any
ordinance of city regulating the operations of company in the city, and
should company continue to violate the same for a period of thirty (30) days
after company shall have been notified in writing by city to desist from such
violation, company may, at city's option be deemed to have forfeited and
abandoned all the rights and privileges of this ordinance.
B.
In the event the company has forfeited in accordance with paragraph A
above, it shall then have one hundred eighty (180) days to remove all of its
facilities on or over any right given to it herein and the insurance coverage
as provided in section 7 of this ordinance shall be kept in force for the period
of time required to remove all of the company's facilities. If the company
shall not have removed its said facilities within said one hundred eighty-day
period, or any extensions thereof approved in writing by the city, then the
said facilities shall be deemed abandoned and the city may thereafter
dispose of the same as it shall see fit.
Section 10. [Services; portion of gross revenues to be paid to city]
A.
"Basic subscriber service" means all broadcast signals required by federal
law to be retransmitted on the cable television system, all programming
transmitted on the public, educational or local access channels, and all
programming originated on local origination channels, except premium
programming, and provision for any converter necessary to the reception of
any of the preceding.
B.
"Premium programming" means programming delivered to subscribers
over the cable television system for a fee or charge over and above the fee
or charge for basic subscriber service.
C.
The company agrees that within thirty (30) days after the first anniversary
date following its acceptance of the terms of this ordinance and within thirty
(30) days after each succeeding anniversary date, the company, its
successors and assigns, shall pay to the city and its successors an amount
which will equal three (3) percent of the company's gross revenue received
from its subscribers. "Gross revenue" as used herein shall mean the gross
amount of regular monthly or quarterly basic subscribers service charges,
and shall not include charges for channels paid for by company direct to
program suppliers whose signals are received via satellite on the company’s
facilities or installation charges attributable to the operation of the cable
television system by the company within the city.
D.
The company shall keep records of account showing payments and dates
received. The duly authorized agent of city shall have the right, power and
authority to inspect and audit the current records of gross revenue of
company from subscribers for any annual period at any reasonable time
within three (3) years after expiration of such annual anniversary.
E.
Nothing herein shall be construed as requiring company to pay city any
portion of the revenue derived from the sale of service by company to
subscribers residing outside the corporate limits of city. Upon annexation to
city of any territory not now within the corporate limits of city, however,
gross revenue from subscribers within the city obtained from the portion of
company's facilities that may be located within such annexed territory and
upon the streets, alleys and public ground thereof, shall thereafter be subject
to all of the terms of this ordinance.
Section 11. [Limitations of service]
As a condition of this ordinance, company agrees that it will not engage in the
business of sale or repair of televisions receivers owned by its subscribers, not will
it be responsible for the operating of said receivers. Any service furnished directly
by the company to the subscriber shall terminate at the point of connection of the
company's facilities to the subscriber's receiver.
Section 12. [Acceptance]
The company shall forfeit and shall be deemed to have forfeited and abandoned all
rights and privileges conferred by this ordinance, and this ordinance shall be null
and void and of no force and effect unless company shall within sixty (60) days
after adoption hereof, me with the city its written acceptance of the fights and
privileges hereby conferred and with the terms, conditions and restrictions hereby
imposed.
Section 13. [Map]
The company shall at all times keep an accurate map showing the location of all
facilities erected, constructed and maintained by the company under the provisions
of this ordinance, and the maps shall be accessible for city inspection at all times
during reasonable hours. Two (2) copies of an up-to-date map of the company’s
facilities shall be furnished to the city with all revisions thereto, all at the expense
of the company.
Section 14. [Right of city to regulate use of streets and to charge occupational
license fee]
Nothing in this ordinance shall be construed as a surrender by the city of its rights
or power to pass ordinances regulating the use of its streets and other public ways;
neither shall the company be relieved from paying a reasonable annual occupational
license fee to city.
Section 15. [Right of city to levy or collect taxes]
Nothing herein shall be construed as affecting in any manner the right of city to
levy or collect taxes payable by the consumer for services provided by the company
as now authorized under the laws of-the State of Florida.
Section 16. [Written consent of city]
The rights granted to the company hereunder may not be assigned by the company
except with the written consent of the city. City will not unreasonably withhold this
consent. No written consent of the city to an assignment or other transfer shall be
necessary upon an assignment or other transfer to a parent or related subsidiary or
affiliate corporation of company. Nor shall any written consent from the city be
necessary in the cases of merger, acquisition, or consolidation.
Section 17. [Capability of system]
The company represents that it will furnish a cable television system in the licensed
area with the capability of providing at least twenty (20) channels, which includes
a twenty-four (24) hour time and weather channel, plus FM radio signals. The
company will provide a free basic installation to city offices located within the
licensed area, and to all public and parochial schools located along the plant route
within the licenses areas as a public service.
Section 18. [Compliance with state and federal regulations]
This ordinance is subject to the state and federal rules. laws and regulations
pertaining to the operation of cable television by the company.
Section 19. [Term]
The term of the franchise shall be for a term of fifteen (15) years from the date of
acceptance by the company with the option for the company to renew said term for
an additional fifteen (15) years. The company shall notify the city six (6) months
prior to the termination of the first term of the company's intent to renew the terms
of this franchise for an additional fifteen (15) years.
Section 20. [Validity]
If any section, subsection, sentence, clause, phrase or portion of this ordinance is
for any reason held invalid or unconstitutional, such portions shall be deemed a
separate, distinct, and independent provision and such holding shall not affect the
validity of the remaining portions hereof.
Section 21. [When construction must begin]
As further consideration for the grant of this franchise, the company agrees to, and
shall upon final acceptance promptly make and pursue with all due and reasonable
diligence its application for Federal Communication Commission (FCC), and any
other required regulatory governmental agencies, approval, license or permit to so
engage in business as provided herein. If the company's application is approved as
provided herein and the company fails to being substantial construction or
installation of the cable television system within one hundred eight (180) days from
the date of the approved licenses and permits, then the company may be deemed to
have defaulted under the terms of this franchise and ordinance and this franchise
and ordinance shall be declared to be void and repealed.
Section 22. [Effective date]
This ordinance shall become effective upon passage and adoption, by the city and
written acceptance by the company.
Section 23. [Extension of system]
The company, whenever it shall receive a request for service within the city from
at least eight (8) subscribers who reside within one thousand (1,000) feet (average
of sixty-five (65) subscribers per mile) of its distribution cable, shall extend its
system by overhead cable to said subscribers at no cost to the subscribers for the
system extension other than the usual connection fee applicable to all subscribers.
The foregoing notwithstanding for unusual circumstances such as requirements for
underground cable, more than one hundred fifty (150) feet of distance from the
distribution cable to connection of services to a subscriber, or a density of less than
eight (8) subscribers per one thousand (1,000) feet of cable system (average of sixty
five (65) subscribers per mile), in order that existing subscribers shall not be made
to bear the cost of the extension, cable television service shall be made available on
the basis of capital contribution by the prospective subscribers and company,
including reimbursement for company's actual cost of material, labor and the
obtaining of necessary easements. The subscribers shall, however, be entitled to a
refund of a portion of their contribution to said construction as more subscribers are
added on, so that each subscriber will be an equal share.
Section 24. [Force majeure]
Company shall not be in violation of this franchise and no breach, or termination or
any ether penalty shall be effected if company is prevented from performing its
duties and obligations or observing the terms and provisions of this franchise by an
act of God, labor dispute, manufacturer's or contractor's inability to provide in a
timely fashion personnel or material or other causes of a like or different nature
beyond the reasonable control of the company.
ARTICLE 32
(Ord. 96-3, § 4-18-96)
ADULT ENTERTAINMENT
32.00.00
GENERAL
32.00.01
Authority
32.00.02
Purpose
32.00.03
Findings of Fact
32.00.04
Applicability
32.01.00
DEFINITIONS
32.02.00
ENFORCEMENT
32.02.01
Responsibilities of Departments
32.02.02
Appeals
32.02.03
Notice
32.02.04
Immunity from Prosecution
32.02.05
Construction
32.02.06
Severability
32.03.00
LICENSING
32.02.01
License Required; Classifications
32.03.02
Application for License; Application Fee; Consent by Applicant
32.02.03
Processing of Application; Investigation; Findings
32.03.04
Grant; Denial; Rejection
32.03.05
Contents of Licenses; Term, Renewal; Expiration; Cancellation; Reports; Consent
32.03.06
Annual License Fee
32.03.07
Transfer
32.03.08
Change in the Name of Establishment
32.03.09
Suspension
32.03.10
Revocation
32.03.11
Application for Employee License; Application Fee; Consent by Applicant
32.03.12
Processing of Application; Investigation; Findings
32.03.13
Grant; Denial Rejection
32.03.14
Contents of Employee Licenses; Term, Renewal; Expiration; Cancellation;
Reports; Consent
32.03.15
Annual Employee License Fee
32.03.16
Transfer of Employee License
32.03.17
Suspension of Employee License
32.03.18
Revocation of Employee License
32.04.00
DISTANCE RESTRICTIONS
32.04.01
Prohibited Locations
32.04.02
Measurement of Distance
32.04.04
Non-Conforming Uses
32.04.04
Variances
32.05.00
GENERAL OPERATING RULES
32.05.01
General Requirements
32.05.02
Adult Theaters
32.05.03
Adult Performance Establishments
32.05.04
Adult Bookstores
32.05.05
Employee Records
32.06.00
PROHIBITIONS
32.06.01
Penalty
32.06.02
Operation without Valid Adult Entertainment License
32.06.03
Working at Unlicensed Establishment
32.06.04
Operation Contrary to Certain Provisions
32.06.05
Prohibited Acts
32.06.06
Touching Employees Prohibited
32.06.07
Advertising Prohibited Activities
32.06.08
Minors Prohibited
32.06.09
Failure to Maintain Employee Records
32.06.10
Exceeding Occupancy Limit of Adult Booth
32.06.11
Hours of Operation
32.06.12
Alteration of license
32.06.13
False Statement in Application for License
32.06.14
Solicitation of Personal Advertising
32.06.15
Strict Liability and Liability for the Conduct of Others
ARTICLE 32
(Ord. 96-3, § 4-18-96)
ADULT ENTERTAINMENT
32.00.00
GENERAL
This Article shall be known and may be cited as the "Adult Entertainment Article."
32.00.01
Authority
This article is enacted under the home rule power of the City of Lake Helen in the
interest of the health, peace, safety, and general welfare of the people of Lake Helen
and under the authority of the City of Lake Helen (hereinafter referred to as "City")
to regulate public conduct and the public commercial exploitation of sex, without
any express or implied threat to suppress or prohibit any legitimate speech or
expression.
32.00.02
Purpose
The intent of the City Commissioners in adopting this Article is to establish
reasonable and uniform regulations for the adult entertainment industry that will
protect the health, safety, property values, and general welfare of the people,
businesses, and industries of the City.
32.00.03
Findings of Fact
Based on evidence and testimony presented to the City Commissioners and on
findings incorporated in the various reports, articles, testimony and other
documents, including but not limited to: Testimony of H. Robert Showers before
the U.S. Senate Judiciary Committee concerning the influence of pornography on
crime; Articles of Dr. Victor Cline of the University of Utah including "A
Psychologist's View of Pornography: and "Addictive Nature of Pornography"; The
American Family Association report entitled "Pornography: A Report"; a letter
from a former nude dancer; Oklahoma State Bureau of Investigation crime report;
USA Today article on pornography peep shows and the decline of morality;
Christian Science Monitor article on cities put smut business in its place; City of
Amarillo, Texas a study on zoning and other methods of regulating adult
entertainment in Amarillo; City of Phoenix, Arizona, Adult Business Study;
Cleveland, Ohio, Police Department report on increased crime rate in areas of smut
shop outlets; City of Houston, Texas, study by committee on the proposed
regulation of sexually oriented businesses; City of Indianapolis, Indiana, a
comprehensive adult business study; and Florida Statutes, Chapter 847, Obscene
Literature; Profanity; the City Commission hereby finds:
A.
Commercial establishments exist or may exist within nearby cities or
counties in Central Florida where books, magazines, periodicals or other
printed material, or photographs, films, motion pictures, prints, videotapes,
slides, or other visual representations or recordings, or recordings or other
audio matter, or instruments, novelties, devices, or paraphernalia which
depict, illustrate, describe or relate to specified sexual activities or specified
anatomical areas are possessed, displayed, exhibited, distributed and/or
sold.
B.
Commercial establishments exist or may exist within nearby cities or
counties in Central Florida where dancers, entertainers, performers, or other
individuals, for commercial gain, perform or are presented while displaying
or exposing specified anatomical areas; or engage in straddle dancing or
touching with customers.
C.
When activities described in subsections A and B are present in
establishments, other activities which are illegal, unsafe, or unhealthful tend
to accompany them, concentrate around them, and be aggravated by them.
Such other activities include, but are not limited to, prostitution,
pandering, solicitation for prostitution, lewd and lascivious behavior,
exposing minors to harmful materials, possession, distribution and
transportation of obscene materials, sale or possession of controlled
substances, and violent crimes against persons and property.
D.
When the activities described in subsections A and B are competitively
exploited in establishments, they tend to attract an undesirable number of
transients; blight neighborhoods, adversely affect neighboring businesses,
lower real property values, promote the particular crimes described in
subsection C, and ultimately lead residents and businesses to move to other
locations.
E.
The establishments in which the activities described in subsections A and B
occur often are constructed, in part or in whole, of substandard materials,
maintained in a manner reflecting disregard for the health and safety of the
occupants, and have exterior signs or appearance that lower the surrounding
property values and contribute to urban decline.
F.
The activities described in subsections A and B occur at establishments
which operate for the purpose of making a profit and, as such, are subject to
regulations by the City in the interest of the health, safety, economy,
property values, and general welfare of the people, businesses, and
industries of the City.
G.
The activities described in subsections A and B often occur in
establishments concurrent with the sale and consumption of alcoholic
beverages.
H.
The concurrence of the sale and consumption of alcoholic beverages with
the activities described in subsections A and B leads to a further increase in
criminal activity, unsafe activity, and disturbances of the peace and order of
the surrounding community.
I.
The concurrence of the sale and consumption of alcoholic beverages with
the activities described in subsections A and B creates additional hazards to
the health and safety of persons in attendance and further depreciates the
value of adjoining real property harming the economic welfare of the
surrounding community and adversely affecting the quality of life, tone of
commerce, and community environment.
J.
In order to preserve and safeguard the health, safety, property values, and
general welfare of the people, businesses, and industries of the City, it is
necessary and advisable for the City to regulate the sale and consumption of
alcoholic beverages at establishments where the activities described in
subsections A and B occur.
K.
Employees of establishments at which the activities described in subsections
A and B occur engage in a higher incidence of certain types of unhealthy or
criminal behavior than employees of other establishments.
L.
Physical contact or touching within establishments at which the activities
described in subsections A and B occur between employees exhibiting
specified anatomical areas and customers, poses a threat to the health of both
and promotes the spread of communicable and social diseases.
M.
In order to preserve and safeguard the health, safety, and general welfare of
the people of the City, it is necessary and advisable for the City to regulate
the conduct of owners, managers, operators, agents, employees,
entertainers, performers, and customers at establishments where the
activities described in subsections A and B occur.
N.
The potential dangers to the health, safety, and general welfare of the people
of the City posed by permitting an establishment at which the activities
described in subsections A and B occur to operate without first meeting the
requirements for obtaining a license under this ordinance are so great as to
require the licensure of such establishments prior to their being permitted to
operate.
O.
Requiring operators of establishments at which the activities described in
subsections A and B occur to keep a list of information concerning current
employees and certain recent past employees will help reduce the incidence
of certain types of criminal behavior by facilitating the identification of
potential witnesses or suspects, and by preventing minors from working in
such establishments.
32.00.04
P.
Prohibiting establishments at which the activities described in subsections
A and B occur from operating within set distances of educational
institutions, religious institutions, residence, areas zoned or designated for
residential use, and parts, at which minors are customarily found, will serve
to protect minors from the adverse effects of the activities that accompany
such establishments.
Q.
Straddle dancing, unregulated private performances, and enclosed adult
booths in establishments at which the activities described in subsection A
and B occur have resulted in indiscriminate commercial sex between
strangers and poses a threat to the health of the participants and promotes
the spread of communicable sexually transmitted diseases. Straddle dancing
is primarily conduct rather than communication or expression.
Applicability
This Adult Entertainment Article shall be effective throughout the City.
32.01.00
DEFINITIONS
The following words, terms and phrases, when used in this ordinance, shall have
the meanings ascribed to them in this section, except where the context clearly
indicates a different meaning.
Adult shall mean all persons eighteen years or older.
Adult bookstore
A.
Shall mean an establishment which advertises, sells or rents, or offers for
sale or rent adult material.
B.
The provisions of A. are not intended to apply and it is an affirmative
defense to an alleged violation of this Article regarding operating an adult
bookstore without an adult entertainment license if the alleged violator
shows that at the establishment:
1.
admission is not restricted to adults only, and
2.
all adult material is accessible only by employees, and
3.
it did not display merchandise or adult material in a manner that
allowed such merchandise or adult material to be visible from
outside of the structures at the establishment or to minors within the
establishment, and
4.
the individual items of adult material offered for sale and/or rental
comprise less than fifteen (15) percent of the total individual new
items publicly displayed as stock in trade in any of the following
categories: books, magazines, periodicals, or other printed matter, or
photographs, films, motion pictures, videotapes, slides, or other
visual representations, or recordings, or other audio matter or less
than fifteen (15) percent of the individual used items publicly
displayed at the establishment as stock in trade in the same
categories set out above.
Adult booth shall mean a small enclosure inside an adult entertainment
establishment accessible to any person, regardless of whether a fee is charged for
access. The term "adult booth" includes, but is not limited to, a "peep show" booth,
or other booth used to view “adult materials” but does not include a restroom or
foyer through which the public enters or exits the establishments.
Adult entertainment establishment shall mean an adult theater, an adult bookstore,
or an adult performance establishment operated for commercial or pecuniary gain,
regardless of whether such establishment is licensed under this Article. "Operated
for commercial or pecuniary gain" shall not depend upon actual profit or loss. An
establishment which has an occupational license shall be presumed to be "operated
for commercial or pecuniary gain." An establishment with an adult entertainment
license shall be presumed to be an adult entertainment establishment.
Adult material shall mean anyone or more of the following regardless of whether
it is new or used:
A.
Books, magazines, periodicals or other printed matter, or photographs,
films, motion pictures, videotapes, slides, or other visual representations, or
recordings, or other audio matter, which have as their primary or dominant
theme matter depicting, illustrating, describing or relating to specified
sexual activities or specified anatomical areas; or
B.
Instruments, novelties, devices or paraphernalia which are designed for use
in connection with specified sexual activities, excluding contraceptive
devices.
Adult motel shall mean any motel, hotel, boarding house, rooming house or other
place of temporary lodging which includes the word "adult” in any name it uses or
otherwise advertises the presentation of films, motion pictures, videotapes, slides
or other photographic reproductions, which have as their primary or dominate
theme matters depicting, illustrating, or relating to specified sexual activities or
specified anatomical areas. The term "adult motel" is included within the definition
of "adult theater".
Adult performance establishment
A.
shall mean an establishment where any employee:
1.
displays or exposes any specified anatomical area to a person other
than another employee, regardless of whether the employee actually
engages in dancing.
2.
wears any covering, tape, pastie, or other device which simulates or
otherwise gives the appearance of the display or exposure of any
specified anatomical area, regardless of whether the employee
actually engages in dancing;
3.
offers, solicits, or contracts to display or expose any specified
anatomical area while dancing or performing with a person other
than another employee in consideration for any tip, remuneration or
compensation from or on behalf of that person;
4.
engages in a private performance.
B.
The provisions of A. are not intended to apply and it shall be an affirmative
defense to an alleged violation that an establishment is not an adult
performance establishment if the establishment is a bona fide private club
whose membership as a whole engages in social nudism or naturalism as in
a nudist resort or camp, or such other establishment in which the
predominant business or attraction of the establishment is not the offering
to customers of a product, service, or entertainment which is intended to
provide sexual stimulation or sexual gratification to such customers and, the
establishment does not advertise or promote materials relating to or
employees depicting, describing, displaying, exposing, or simulating
specified sexual activities or specified anatomical areas.
C.
An adult performance establishment shall not be deemed a place provided
or set apart for the purpose of exposing or exhibiting a person's sexual
organs in a manner contrary to the first sentence of Section 800.03, Florida
Statutes, the State's indecent exposure statute, as set forth in the decision of
the Supreme Court of Florida in the case of Hoffman v. Carson, 250 So.2d
891,893 (Fla. 1971), appeal dismissed 404 U.S. 981 (1971).
Adult theater formerly known as or otherwise known as "adult motion picture
theater" means an establishment which consists of an enclosed building, or a portion
or part of an enclosed building, or an open-air area regularly used for viewing by
persons of films, motion pictures, video cassettes, slides or other photographic
reproductions which have as their primary or dominant theme matters depicting,
illustrating or relating to specified sexual activities or specified anatomical areas.
Adult motels are included within the definition of adult theater. An establishment
which has adult booths is considered to be an adult theater.
Alcoholic beverage shall mean a beverage containing more than one (1) percent of
alcohol by weight. It shall be prima-facie evidence that a beverage is an alcoholic
beverage if there is proof that the beverage in question was or is known as beer,
wine, whiskey, moonshine whiskey, moonshine, shine, rum, gin, tequila, bourbon,
vodka, scotch, scotch whiskey, brandy, malt liquor, or by any other similar name or
names, or was contained in a bottle or can labeled as any of the above names, or a
name similar thereto, and the bottle or can bears the manufacturer's insignia, name
or trademark. Any person who, by experience in the handling of alcoholic
beverages, or who by taste, smell, or drinking of such alcoholic beverages, has
knowledge of the alcoholic nature thereof, may testify as to his opinion about
whether such beverage is an alcoholic beverage.
Conviction shall mean a determination of guilt resulting from a plea or trial,
regardless of whether adjudication was withheld or whether imposition of sentence
was suspended.
Department shall mean the Building Inspector, County Fire Department, State
health department, Police Department, Planning Board, or County tax collector,
including the respective directors, employees, officers and agents thereof.
Educational institution shall mean a premise or site upon which there is an
institution of learning for minors, whether public or private, which conducts regular
classes and/or courses of study required for eligibility to certification by,
accreditation to, or membership in the State Department of Education of Florida,
Southern Association of Colleges and Secondary Schools, or the Florida Council of
Independent Schools. The term "educational institution" includes a premises or site
upon which there is a day care center, nursery school, kindergarten, elementary
school, junior high school, senior high school, and any special institution of
learning. "Educational institution: shall also include a vocational institution,
professional institution or an institution of higher education, including a community
college, junior college, four year college or university.
Employee shall mean a person who works, performs, or provides services at an
adult entertainment establishment, irrespective of whether said person is paid a
salary or wage.
Establishment shall mean any site or premises, or portion thereof, upon which any
person, corporation, or business conducts activities or operations for commercial or
pecuniary gain. "Operated for commercial or pecuniary gain" shall not depend upon
actual profit or loss. An establishment which has an occupational license shall be
presumed to be "operated for commercial or pecuniary gain".
Law enforcement officer shall mean an officer who is on official duty for a law
enforcement agency.
Licensee shall mean any person whose application for an adult entertainment
establishment has been granted and who owns, operates or controls the
establishment, or any person whose application for an employee license has been
granted.
Minor shall mean all persons under eighteen (18) years of age.
Operator shall mean any person who engages in or performs any activity necessary
to, or which facilitates, the operation of an adult entertainment establishment,
including but not limited to, the licensee, manager, owner, doorman, bouncer,
bartender, disc jockey, sales clerk, ticket taker, or movie projectionist.
Park shall mean a tract of land within a city or unincorporated area of a county
which is kept for ornament or recreation and which is maintained as public property.
Pre-existing shall mean as follows:
A.
B.
When used together with the term “adult entertainment establishment,”
“religious institution,” “educational institution” or “commercial
establishment that in any matter sells or dispenses alcohol,” or “residence”
the
word
“pre-existing”
shall
mean:
1.
the establishment, institution, or residence is already being lawfully
used or lawfully occupied; or
2.
a building permit for the establishment, institution, or residence has
been lawfully issued, all fees associated with the permit have been
paid, and the permit has not expired; or
3.
an application or plan to allow the establishment, institution, or
residence to be constructed, used, or occupied has been filed and is
undergoing review or is approved, with or without conditions.
When used together with the term park," the word "pre-existing" shall mean:
1.
the park is already being used; or
2.
the park site has been approved or otherwise designated by the
appropriate governing body.
Private performance shall mean modeling, posing, or the display or exposure of
any specified anatomical area by an employee of an adult entertainment
establishment to a person other than another employee, while the person is in an
area not accessible during such display to all other persons in the establishment or,
while the person is in an area in which the person is totally or partially screened or
partitioned during such display from the view of all persons outside the area.
Public nudity shall mean to display or expose at an adult entertainment
establishment less than complete and opaquely covered:
A.
human genitals or pubic region,
B.
the cleavage of the human buttocks,
C.
the areola of the human female breast.
Religious institution shall mean a premises or site which is used primarily or
exclusively for religious worship and related religious activities.
Specified anatomical areas means:
A.
B.
Less than completely and opaquely covered:
1.
human genitals or pubic region; or
2.
any part of the human buttocks; or
3.
that portion of the human female breast encompassed within an area
falling below the horizontal line one would have to draw to intersect
a point immediately above the top of the areola (the colored ring
around the nipple). This definition shall include the entire lower
portion of the human female breast, but shall not include any portion
of the cleavage of the human female breast exhibited by a dress,
blouse, shirt, leotard, bathing suit, or other wearing apparel,
provided the areola is not so exposed.
Human male genitals in a discernible erect or turgid state, even if completely
and opaquely covered.
Specified criminal act shall mean:
A.
A violation of this Adult Entertainment Article; or
B.
Any offense under the following chapters of the Florida Statutes: Chapter
794 regarding sexual battery; Chapter 796 regarding prostitution; Chapter
800 regarding lewdness and indecent exposure; and Chapter 847 regarding
obscene literature; or
C.
An offense under an analogous statute of a state other than Florida, or an
analogous ordinance of another county or city.
Specified sexual activity shall mean:
A.
Exhibition or depiction of human genitals in a state of sexual stimulation,
arousal, erection or tumescence; or
B.
Fondling or other erotic touching of human genitals, pubic region, buttock,
anus or female breast; or
C.
Acts of human anilingus, bestiality, buggery, cunnilingus, coprophagy,
coprophilia, fellatio, flagellation, masochism, masturbation, necrophilia,
pederasty, pedophilia, sadism, sadomasochism, sapphism, sexual
intercourse, sodomy, or urolagnia; or
D.
Excretory functions as part of or in connection with any of the activities set
forth in subsections A, B or C.
Straddle dance also known as a "lap dance" or "face dance," shall mean either of
the following acts:
A.
The use by an employee of any part of his or her body to touch the
genital or pubic area of a person while at the establishment, or the touching
of the genital or pubic area of any employee with a person while at the
establishment. It shall be a "straddle dance" regardless of whether the
"touch" or "touching" occurs while the employee is displaying or exposing
any specified anatomical area. It shall also be a straddle dance regardless of
whether the touch or touching is direct or through a medium.
B.
The straddling of the legs of an employee over any part of the body of a
person other than another employee at the establishment, regardless of
whether there is a touch or touching.
Transfer means and includes any of the following;
32.02.00
A.
the sale, lease, or sublease of the establishment;
B.
the transfer of securities which constitute a controlling interest in the
establishment, whether by sale, exchange, or similar means; or
C.
the establishment of a trust, gift, or other similar legal device which transfers
the ownership or control of the establishment, except for transfer by bequest
or other operation of law upon the death of the person possessing the
ownership or control.
ENFORCEMENT
The provisions of this ordinance may be enforced by:
A.
A suit brought by the City in the Circuit Court to restrain, enjoin, or prevent
a violation of this Article; or
B.
Enforcement proceedings by the City Code Enforcement Board; or
C.
32.02.01
Criminal prosecution as provided in this Article.
Responsibilities of Departments
Ultimate responsibility for the administration of this ordinance is vested in the City
Commissioners. The other departments are responsible for the following:
A.
The City Clerk is responsible for granting, denying, revoking, renewing,
suspending, and cancelling adult entertainment licenses for proposed and
existing adult entertainment establishments as set out in Section 32.03.00 et
seq. (Licensing) of this Article.
B.
The City Police Department is responsible for verifying information
contained on an application made pursuant to Section 32.03.02 et seq., or
on a renewal application made pursuant to Section 32.03.05 et seq., for
inspecting proposed, or existing adult entertainment establishments in order
to ascertain compliance with applicable criminal statutes and ordinances,
including those set forth in this Article, for determining whether adult
entertainment license applicants have been convicted of a felony or a
specified criminal act within the previous five years, and for enforcing
applicable criminal statutes and ordinances, including those set forth in this
Article.
C.
The City Building Inspector is responsible for inspecting any proposed
establishment or existing adult entertainment establishment in order to
ascertain compliance with Section 32.05.00 et seq. (General Operating
Rules) of this Article and all applicable building codes, health codes,
statutes, ordinances, and regulations.
D.
The County Fire Department, Lake Helen Station, is responsible for
inspecting any proposed or existing adult entertainment establishment in
order to ascertain compliance with Section 32.05.00 et seq. (General
Operating Rules) et seq. of this Article and all applicable fire codes, statutes,
ordinances, and regulations.
E.
The City Planning and Land Development Regulations Commission
(PLDRC) is responsible for ascertaining whether the location of any
proposed adult entertainment establishment complies with all distance,
zoning, and location requirements of Section 32.04.00 et seq. (Distance
Restrictions) of this Article, applicable portions of Section 32.05.00 et seq.
(General Operating Rules) of this Article and all applicable zoning
regulations in the City and whether existing adult entertainment
establishments are in compliance with Section 32.04.00 et seq. and Section
32.05.00 et seq. of this Article and all applicable zoning regulations and land
use laws.
32.02.02
Appeals
Any decision of the City Clerk pursuant to Section 32.03.00 et seq. (Licensing) of
this Article may be immediately reviewed as a matter of right by the Circuit Court
upon the filing of an appropriate pleading by an aggrieved party. Any appeal must
be filed within thirty (30) days from the effective date of the City Clerk's decision.
32.02.03
Notice
Any notice required under this Article shall be accomplished by sending a written
notification by certified mail to the mailing address set forth on the application for
the license. This mailing address shall be considered the correct mailing address
unless the City Clerk has been otherwise notified in writing.
32.02.04
Immunity from Prosecution
The City or any of its departments or agents or any law enforcement officer shall
be immune from prosecution, civil or criminal, for reasonable, good faith trespass
upon an adult entertainment establishment while acting within the scope of the
authority under this Article.
32.02.05
Construction
This Article shall be liberally construed to accomplish its purpose of licensing,
regulating and dispersing adult entertainment and related activities. Unless
otherwise indicated, all provisions of this Article shall apply equally to all persons,
regardless of sex. Masculine pronouns, such as "he," "his," and “him," as employed
in this Article, shall also be construed to apply to feminine pronouns and neutral
pronouns, unless the context suggests otherwise. Words used in the singular number
shall include the plural number, unless the context suggests otherwise.
32.02.06
Severability
If any portion of this Article, or any application thereof, is declared to be void,
unconstitutional or invalid for any reason, such portion or provision, or the
application thereof, shall be severable from this Article. The remaining portions and
provisions of this Article and all applications thereof shall remain in full force and
effect. No void, unconstitutional or invalid portion or proscribed provision, or
application thereof, was an inducement to the enactment of this Article.
32.03.00
LICENSING
32.03.01
License Required; Classifications
A.
Requirement.
No adult entertainment establishment shall be permitted to operate without
having been first granted an adult entertainment license by the City Clerk
under this Article.
B.
Classifications.
Adult entertainment establishment licenses referred to in this Article shall
be classified as follows:
1.
2.
3.
C.
Adult bookstore;
Adult theater; or
Adult performance establishment.
Single Classification of License.
An adult entertainment license for a particular adult entertainment
establishment shall be limited to one (1) classification of license.
32.03.02
Application for License; Application Fee; Consent by Applicant
A.
Required.
Any person desiring to operate an adult entertainment establishment shall
file with the City Clerk a sworn license application on standard application
forms supplied by the City.
B.
Contents of Application.
The completed application shall contain the following information and shall
be accompanied by the following documents:
1.
If the applicant is:
a.
An individual, the individual shall state his legal name and
any aliases and submit satisfactory proof that he is eighteen
(18) years of age or older; or
b.
A partnership, the partnership shall state its complete name,
the names and mailing addresses of all partners whether
general or limited, the residence address of at least one
person authorized to accept service of process, and provide a
copy of any existing partnership agreement; or
c.
A corporation, the corporation shall state its complete name,
the date of its incorporation, evidence that the corporation is
in good standing with the Florida. Secretary of State, the
names and capacity of all officers, directors and stockholders
(if a corporation, then provide the names and capacity of all
officers, directors and stockholders), the name and address
of the registered corporate agent for service of process, and
provide a copy of its articles of incorporation;
2.
If the applicant intends to conduct the establishment under a name
other than that of the applicant, the establishment's fictitious name
registration under Florida Statutes Section 865.09;
State Law reference -- Fictitious Name Registration, Section 865.90, F.S.
3.
Whether the applicant or any of the other individuals listed pursuant
to subsection 1. has, within the five year period immediately
preceding the date of the application, been convicted of a felony of
any state or of the United States or any specified criminal act and, if
so, the specified crime involved, the date of conviction and the place
of conviction;
4.
Whether the applicant or any other individuals listed pursuant to
subsection 1. owns or operates another adult entertainment
establishment and, if so, the names and locations of such
establishments.
5.
Whether the applicant or any of the other individuals listed pursuant
to subsection 1. has had a previous license under this Article, or
under an Article in another jurisdiction regulating adult
entertainment establishments, suspended or revoked, including the
name and location of the establishment for which the license was
suspended or revoked, as well as the date of the suspension or
revocation, and whether the applicant or any other individuals listed
pursuant to subsection 1. has been a partner in a partnership or an
officer, director or principal stockholder of a corporation whose
license under this Article has previously been suspended or revoked,
including the name and location of the establishment for which the
license was suspended or revoked, as well as the date of the
suspension or revocation;
6.
Whether the applicant or any other individuals listed pursuant to
subsection 1. holds any other licenses under the Article or other
Articles elsewhere and, if so, the names and locations of such other
licensed establishments;
7.
The single classification of license for which the applicant is filing;
8.
The location of the proposed establishment, including a legal
description of the property site, and legal street address;
9.
The applicant mailing address, business addresses, residential
address, and business and residential telephone numbers; and
10.
C.
A site plan drawn to appropriate scale of the proposed establishment,
including, but not limited to:
a.
All property lines, rights-of-way, and the location of
buildings, parking areas and spaces, curb cuts, and
driveways;
b.
All windows, doors, entrances and exits, fixed structural
features, walls, stages, partitions, projection booths,
admission booths, adult booths, manager's stations (which
shall not exceed 32 square feet of floor area), concession
booths, stands, counters and similar structures;
c.
All proposed improvements or enlargements to be made,
which shall be indicated and calculated in terms of
percentage of increase in floor size;
d.
Complying with all relevant provisions of Article 2 (Land
Use) and Article 4 (Development Design Standards) of the
City's Land Development Regulations;
11.
A recent photograph and set of fingerprints of the applicant (if a
corporation, the president of the corporation; if a partnership, the
individual partners). The photograph shall be a recent photograph
not smaller than 2 x 3 inches depicting the front view of the head,
face and shoulders of each person;
12.
The applicant's social security number or employer's tax
identification number and either the applicant's driver's license
number or the number of a state or federally issued identification
card.
Application Fee.
Each application shall be accompanied by a nonrefundable fee of five
hundred dollars ($500.00) for application and investigation.
D.
Incomplete Application.
In the event the City Clerk determines or learns at any time that the applicant
has not properly completed the application for a proposed establishment, the
City Clerk shall promptly notify the applicant of such fact and shall allow
the applicant ten (10) days to properly complete the application. (The time
period for granting or denying a license under Section 32.03.04 et seq. shall
be stayed during the period in which the applicant is allowed an opportunity
to properly complete the application).
E.
Consent
By applying for a license under this article, the applicant shall be deemed to
have consented to the provisions of this Article and to the exercise of their
responsibilities under this Article by the agents or departments of the City.
32.03.03
Processing of Application; Investigation; Findings
A.
Processing.
Upon receipt of a complete application properly filed with the City Clerk
and upon payment of the nonrefundable application fee the City Clerk shall
immediately stamp the application with the date it was received and shall
immediately thereafter send photocopies of the application and all
attachments to the Police Department, the Building Inspector, and Fire
Department, and the PLDRC.
B.
Investigation.
Each department shall promptly conduct an investigation of the applicant,
application, and the proposed establishment in accordance with its
responsibilities summarized in Section 32.02.01 et seq. of this Article to
determine whether false, incomplete, or incorrect information was given on
the application or whether the proposed establishment will be in violation
of any provision of Section 32.04.00 et seq. (Distance Restrictions) or
Section 32.05.00 et seq. (General Operating Rules) of this Article or of any
applicable building, fire, health, or land use statute, code, ordinance,
regulation, lease, deed restriction, or court order.
C.
Findings.
After investigation, each department shall report its findings in writing and
shall forward its findings to the City Clerk within thirty (30) days from the
date of proper filing of the application and shall state whether the
department finds that false, incomplete, or incorrect information was given
on the application or whether the proposed establishment will be in violation
of any provision of Section 32.04.00 et seq. (Distance Restrictions) or
Section 32.05.00 et seq. (General Operating Rules) of this or of any
building, fire, health, or land use statute, code, ordinance, regulation, lease
deed restriction, or court order.
32.03.04
Grant; Denial; Rejection
A.
Time Period for Granting or Denying License.
The City Clerk shall grant or deny an application for a license under this
Article, Section 32.03.00 et seq. (Licensing) within forty-five (45) days
from the date of its proper filing. Upon the expiration of the forty-fifth (45th)
day, the applicant shall be permitted to begin operating the establishment
for which a license is sought, unless and until the City Clerk has notified the
applicant of a denial of the application and states the reasons for that denial.
B.
Granting of Application for License.
The City Clerk will approve the issuance of a license to an application unless
the City Clerk finds one or more of the following to be true:
1.
An applicant is under 18 years of age.
2.
An applicant has been employed in an adult entertainment
establishment in a managerial capacity in the City or any other
jurisdiction within the preceding 12 months and has demonstrated
an inability to operate or manage an adult entertainment
establishment in a peaceful and law-abiding manner, thus
necessitating action by law enforcement officers.
3.
The application and investigation fee or the license fee required by
the Article have not been paid.
4.
An applicant is overdue in payment to the City of taxes, fees, fines,
or penalties assessed against or imposed upon the applicant in
relation to the adult entertainment establishment.
5.
An applicant has failed to provide information required in order to
determine the qualifications of the applicant under this Article for
issuance of the license, or has falsely answered a question or request
of information on the application form.
6.
An applicant or the proposed establishment is in violation of or is
not in compliance with this Article or of any applicable building,
fire, health, or land use statute, code, ordinance, regulation, lease
deed restriction, or court order.
7.
An applicant has been convicted of a violation of a provision of this
Article, or of a provision of an Article in another jurisdiction
regulating adult entertainment establishments, within two years
immediately preceding the application. The fact that a conviction is
being appealed shall have not effect.
8.
An applicant has been convicted of a crime:
a.
involving:
b.
C.
(1)
any of the offenses as described in the Florida
Statutes Chapter 794 regarding Sexual Battery;
Chapter 796 regarding Prostitution; Chapter 798
regarding Lewd and Lascivious Behavior; Chapter
800 regarding Lewdness and Indecent Exposure;
Chapter 847 regarding Obscene Literature; Chapter
826 regarding Bigamy and Incest and Chapter
491.0112 regarding Sexual Misconduct of a
Psychotherapist.
(2)
any similar offenses to those described above under
the criminal or penal code of Florida, other states,
Lake Helen, other cities, or other countries;
(3)
facilitation, attempt, conspiracy, or solicitation to
commit any of the foregoing offenses;
for which:
(1)
less than two years have elapsed since the date of
conviction or the date of release from confinement
imposed for the conviction, whichever is the later
date, if the conviction is of a misdemeanor offense;
(2)
less than five years have elapsed since the date of
conviction or the date of release from confinement
for the conviction, whichever is the later date, if the
conviction is of a felony offense; or
(3)
less than five years have elapsed since the date of the
last conviction or the date of release from
confinement for the last conviction, whichever is the
later date, if the convictions are of two or more
misdemeanor offenses
or
combination
of
misdemeanor offenses occurring within any 24month period.
c.
The fact that a conviction is being appealed shall have no
effect on the disqualification of the applicant.
d.
An applicant who has been convicted of an offense listed
above may qualify for a license only when the time period
required by this section has elapsed.
Rejection of Application
If a person applies for a license at a particular location within a period of
nine months from the date of denial of a previous application for a license
at the location, and the applicant has not demonstrated there has been an
intervening change in the circumstances which would lead to a different
decision regarding the former reason(s) for denial, the application shall be
rejected.
32.03.05
Contents of Licenses; Term; Renewal; Expiration; Cancellation; Reports;
Consent
A.
Contents
An adult entertainment license shall state the name of the licensee, the name
of the establishment, the street address of the establishment, the
classification of the license, the date of issuance, and the date of expiration.
B.
Term
All licenses issued under this Article shall be annual licenses which shall
commence running on October 1st, if they have been paid for, and shall
expire on September 30th of the following year. If a license is issued after
October 1st, but by March 31st of the following year, the applicant shall pay
the applicable license fee. If a license is issued after March 31st, but by
October 1st of the same year, the applicant shall pay one-half the applicable
license fee.
C.
Renewals
Each adult entertainment establishment licensed under this Article shall
apply to renew their licenses annually. Subject to other provisions of this
Article, and unless the City Clerk finds one or more of the provisions of
Section 32.03.04 B (1 through 8) of this Article to be true, a licensee under
this Article shall be entitled to a renewal of his annual license from year to
year, as a matter of course, by October 1st by:
D.
1.
Presenting the license for the previous year;
2.
Paying the appropriate license fee; and
3.
Completing a renewal application which includes that information
set forth in Section 32.03.02 B (1- 9 and 11-12).
Expiration
A license that is not renewed under this Article by October 1st of each year
shall expire. An expired license may be renewed by November 30th of the
same year upon presentment of an affidavit stating that no adult
entertainment activity has taken place at the establishment subsequent to
expiration, upon completing those items listed in C above, and upon
payment of a penalty of ten percent (10%) of the appropriate license fee for
the months of October and November, or fraction thereof.
E.
Cancellation
All expired licenses not renewed by November 30th shall be cancelled
summarily by the City Clerk.
F.
Reports and records
Each licensee shall keep such records and make such reports as may be
required by the City Clerk and the departments to implement this Article
and to carry out its purpose. Whenever the information required by or
provided under Section 32.03.02 B. has changed, the licensee shall promptly
report to the City Clerk the changed information.
G.
Consent
By holding a license under this Article, the licensee shall be deemed to have
consented to the provisions of this Article and to the exercise by the City
Clerk and the departments of their responsibilities under this Article.
32.03.06
Annual License Fee
A.
Levy
There are hereby levied the following annual license fees under this Article
for an adult entertainment establishment:
1.
An adult bookstore: seven hundred fifty dollars ($750.00);
2.
An adult theater, as follows:
a.
Having only adult booths - thirty five dollars ($35.00) for
each booth;
b.
Having only a hall or auditorium - three dollars and fifty
cents ($3.50) for each seat;
c.
Having only an area outdoors designed to permit viewing by
customers seated in vehicles - three dollars and fifty cents
($3.50) for each parking space;
d.
Having a combination of a, b, and/or c, the cumulative
license fee applicable to each under such subsections;
e.
3.
B.
Adult motel - seven hundred and fifty dollars ($750.00), plus
seventy-five ($75.00) dollars per room over ten (10) rooms;
An adult performance establishment: seven hundred and fifty dollars
($750.00).
Fees Regulatory
The annual license fees collected under this Article are declared to be
regulatory fees which are collected for the purpose of examination and
inspection of adult entertainment establishments under this Article and the
administration thereof. These regulatory fees are in addition to and not in
lieu of the occupational license taxes imposed by other ordinances.
32.03.07
Transfer
A.
Requirements
An adult entertainment license is not transferable to another person by
surrendering possession, control, or operation of the licensed establishment.
An adult entertainment license may be transferred to another person only
upon satisfaction of the following requirements:
B.
1.
A license transfer is applied for to the City Clerk by filing an
application setting forth the information called for under Section
32.03.02 et seq. (Application for License...) and the application has
been granted by the City Clerk after investigation by the Police
Department; and
2.
Satisfactory proof is provided that control of the establishment has
been or will be transferred through a bona fide sale, rental or other
transaction; and
3.
An application fee is paid pursuant to Section 32.03.02 C.
Effect of Suspension or Revocation Procedures
No license may be transferred pursuant to subsection A when the City Clerk
has notified the licensee that suspension or revocation proceedings have
been or will be brought against the licensee.
C.
No Transfer to a Different Location
A licensee shall not transfer his license to another location.
D.
Attempted Improper Transfer Void
Any attempted transfer of a license either directly or indirectly in violation
of this Section is hereby declared void.
32.03.08
Change in the Name of Establishment
No licensee may change the name of an adult entertainment establishment unless
and until he satisfies each of the following requirements:
32.03.09
A.
Gives the City Clerk thirty (30) days’ notice in writing of the proposed name
change;
B.
Pays the City a five dollar ($5.00) change-of-name fee; and
C.
Complies with Florida Statutes Section 865.09.
Suspension
A.
Violation of Building, Fire, Health, or Zoning Statute, Article, Ordinance,
or Regulation
In the event a department learns or finds upon sufficient cause that a
licensed adult entertainment establishment is operating in violation of a
building, fire, health, or zoning statute, code, ordinance or regulations,
whether federal, state, or local, contrary to the respective general
requirements of Section 32.05.00 et seq. (General Operating Rules) of this
Article, the department shall promptly notify the licensee of the violation
and shall allow the licensee a seven-day period in which to correct the
violation. If the licensee fails to correct the violation before the expiration
of the seven (7) day period the department shall notify the City Clerk, who
shall forthwith suspend the license, and shall notify the licensee of the
suspension. The suspension shall remain in effect until the department
which reported the violation notifies the City Clerk in writing that the
violation of the provision in question has been corrected. The department
shall notify the City Clerk of any correction within seven (7) days from
determining that the violation has been corrected.
B.
Illegal Transfer
In the event the City Clerk learns or finds upon sufficient cause that a
licensee engaged in a license transfer contrary to Section 32.03.07 et seq.,
he shall forthwith suspend the license, and notify the licensee of the
suspension. The suspension shall remain in effect until the City Clerk is
satisfied that the requirements of Section 32.03.07 A, have been met.
C.
Convictions for Violations of this Article
D.
1.
In the event two (2) or more violations of any specified criminal act
occur at an adult entertainment establishment within a two-year
period, the City Clerk shall, upon receiving evidence of the third
conviction, suspend the license, and notify the licensee of the
suspension. The suspension shall remain in effect for a period of
sixty (60) days.
2.
In the event one (1) or more violations of any specified criminal act
occur at the same establishment with a period of two (2) years from
the date of the violation from which the conviction resulted for
which the license was suspended for sixty (60) days under Section
C, 1. but not including any time during which the license was
suspended for sixty (60) days, the City Clerk shall, upon receiving
evidence of the first violation, suspend the license again, and notify
the licensee of the suspension. The suspension shall remain in effect
for a period of one hundred eighty (180) days.
3.
The transfer or renewal of a license pursuant to this Article shall not
defeat the terms of the Sections C, 1. and 2.
4.
The fact that a conviction is appealed shall have no effect on the
suspension of the license.
Effective Date of Suspension
All periods of suspension shall begin ten (10) days after the date the City
Clerk mails the notice of suspension to the licensee or the date the licensee
delivers his license to the City Clerk, whichever happens first.
32.03.10
Revocation
A.
False Information
In the event the City Clerk receives evidence that a license was granted
based upon false information, misrepresentation of fact, or mistake of fact,
the City Clerk shall forthwith revoke the license, and notify the licensee of
the revocation.
B.
Repeat Convictions
1.
In the event one (1) or more violations of any specified criminal act
occur at an adult entertainment establishment which has had a
license suspended for a period of one hundred eighty (180) days
pursuant to Section 32.03.09 C, 2., and the violation occurs within a
period of two (2) years from the date of the violation from which the
conviction resulted for which the license was suspended for one
hundred eighty (180) days, the City Clerk shall, upon receiving
evidence of a conviction for the subsequent violation, forthwith
revoke the license, and notify the licensee of the revocation.
C.
2.
The transfer or renewal of a license pursuant to this Article shall not
defeat the terms of subsection B, 1.
3.
The fact that a conviction is appealed shall have no effect on the
suspension of the license.
Effect of Revocation
If a license is revoked, the licensee shall not be allowed to obtain another
adult entertainment license for a period of two (2) years, and no license shall
be issued again to any other person or entity for the location upon which the
adult entertainment establishment was situated.
D.
Effective Date of Revocation
The revocation shall take effect ten (10) days after the date the City Clerk
mails the notice of revocation to the licensee or on the date the licensee
delivers his license to the City Clerk, whichever happens first.
32.03.11
Application for Employee License; Application Fee; Consent by Applicant
A.
Required
Any person desiring to be an employee of an adult entertainment
establishment shall file with the City Clerk a sworn license application on
standard application forms supplied by the City.
B.
Contents of Application
The completed application shall contain the following information and shall
be accompanied by the following documents:
1.
The applicant shall state his legal name and any aliases and submit
satisfactory proof that he is eighteen (18) years of age or older.
2.
Whether the applicant has, within the five year period immediately
preceding the date of the application, been convicted of a felony of
any state or of the United States or of any specified criminal act and,
if so, the specific crime involved, the date of conviction and the place
of conviction;
3.
Whether the applicant owns or operates another adult entertainment
establishment and, if so, the names and locations of such other
establishments;
C.
4.
Whether the applicant has had a previous license under this Article,
or under a code in another jurisdiction regulating adult entertainment
establishments, suspended or revoked, including the jurisdiction
where the license was suspended or revoked, as well as the date of
the suspension or revocation;
5.
The applicant's mailing address, business addresses, residential
address, and business and residential telephone numbers; and
6.
A recent photograph and set of fingerprints of the applicant. The
photograph shall be a recent photograph not smaller than 2 x 3 inches
depicting the front view of the head, face and shoulders of each
person;
7.
The applicant's social security number and either the applicant's
driver's license number or the number of a state or federally issued
identification card.
Application Fee
Each application shall be accompanied by a nonrefundable fee of fifty
dollars ($50.00) for application and investigation.
D.
Incomplete Application
In the event the City Clerk determines or learns at any time that the applicant
has not properly competed the application, the City Clerk shall promptly
notify the applicant of such fact and shall allow the applicant ten (10) days
to properly complete the application. (The time period for granting or
denying a license under Section 32.03.13 et seq. shall be stayed during the
period in which the applicant is allowed an opportunity to properly complete
the application.)
E.
Consent
By applying for a license under this Article, the applicant shall be deemed
to have consented to the provisions of this Article and to the exercise of their
responsibilities under this Article by the agents or departments of the City.
32.03.12
Processing of Application; Investigation; Findings
A.
Processing
Upon receipt of a complete application properly filed with the City Clerk
and upon payment of the nonrefundable application fee, the City Clerk shall
immediately stamp the application with the date it was received and shall
immediately thereafter send photocopies of the application and all
attachments to the Police Department.
B.
Investigation
The Police Department shall promptly conduct an investigation of the
applicant and application in accordance with its responsibilities summarized
in Section 32.02.01 B. of this Article to determine whether false,
incomplete, or incorrect information was given on the application.
C.
Findings
After investigation, the Police Department shall report its findings in writing
and shall forward its findings to the City Clerk within thirty (30) days from
the date of proper filing of the application and shall state whether the
department finds that false, incomplete, or incorrect information was given
on the application.
32.03.13
Grant; Denial; Rejection
A.
Time period for Granting or Denying License.
The City Clerk shall grant or deny an application for a license under this
Article, Section 32.03.00 et seq. within thirty (30) days from the date of its
proper filing. Upon the expiration of the thirtieth (30th) day, the applicant
may be permitted to be an employee at an adult entertainment establishment,
unless and until the City Clerk notifies the applicant of a denial of the
application and states the reasons for that denial.
B.
Granting of Application for License
The City Clerk will approve the issuance of a license to an applicant unless
the City Clerk finds one or more of the following to be true:
1.
An applicant is under 18 years of age.
2.
An applicant has been employed in an adult entertainment
establishment as an employee in the City or any other jurisdiction
within the preceding 12 months and has demonstrated an inability to
be employed at an adult entertainment establishment in a peaceful
and law-abiding manner, thus necessitating action by law
enforcement officers.
3.
The application and investigation fee or the license fee required by
this Article have not been paid.
4.
An applicant has failed to provide information required in order to
determine the qualifications of the applicant under this Article for
issuance of the license, or has falsely answered a question or request
for information on the application form.
5.
An applicant has been convicted of a violation of a provision of this
Article, or of a provision of a code in another jurisdiction regulation
adult entertainment establishments, within two years immediately
preceding the application. The fact that a conviction is being
appealed shall have no effect.
6.
An applicant has been convicted of a crime:
a.
b.
involving:
(1)
any of the offenses as described in the Florida
Statutes Chapter 794 regarding Sexual Battery;
Chapter 796 regarding prostitution; Chapter 798
regarding Lewd and Lascivious Behavior; Chapter
800 regarding Lewdness and Indecent Exposure;
Chapter 847 regarding Obscene Literature; Chapter
826 regarding Bigamy and Incest and Chapter
491.0112 regarding Sexual Misconduct of a
Psychotherapist.
(2)
any similar offenses to those described above under
the criminal or penal code of Florida, other states,
Lake Helen, other cities, or other countries;
(3)
Facilitation, attempt, conspiracy, or solicitation to
commit any of the foregoing offenses;
for which:
(1)
less than two years have elapsed since the date of
conviction or the date of release from confinement
imposed for the conviction, whichever is the later
date, if the conviction is of a misdemeanor offense;
(2)
less than five years have elapsed since the date of
conviction or the date of release from confinement
for the conviction, whichever is the later date, if the
conviction is, of a felony offense; or
(3)
less than five years have elapsed since the date of the
last conviction or the date of release from
confinement for the last conviction, whichever is the
later date, if the convictions are of two or more
misdemeanor offenses of combination of
misdemeanor offenses occurring within any 24month period.
32.03.14
c.
The fact that a conviction is being appealed shall have no
effect on the disqualification of the applicant.
d.
An applicant who has been convicted of an offense listed
above may qualify for a license only when the time period
required by this section has elapsed.
Contents of Employee licenses; Term; Renewal; Expiration; Cancellation;
Reports; Consent
A.
Contents
An adult entertainment employee license shall state the name of the licensee,
the street address of the licensee, the date of birth of the licensee, a
photograph of the licensee, the date of issuance, and the date of expiration.
B.
Term
All licenses issued under this Article shall be annual licenses which shall
commence running on October 1st, if they have been paid for, and shall
expire on September 30th of the following year. If a license is issued after
October 1st, but by March 31st of the following year, the applicant shall pay
the applicable license fee. If a license is issued after March 31st, but by
October 1st of the same year, the applicant shall pay one-half the applicable
license fee.
C.
Renewals
Each employee licensed under this Article shall apply to renew their licenses
annually. Subject to other provisions of this Article, and unless the City
Clerk finds one or more of the provisions of Section 32.03.13 B, (1 through
6) of this Article to be true, a licensee under this Article shall be entitled to
a renewal of his annual license from year to year, as a matter of course, by
October 1st by:
1.
Presenting the license for the previous year,
2.
Paying the appropriate license fee, and
3.
Completing a renewal application which includes that information
set forth in Section 32.03.11 B, (1-7).
D.
Expiration
A license that is not renewed under this Article by October 1st of each year
shall expire.
E.
Consent
By holding a license under this Article, the licensee shall be deemed to have
consented to the provision of this Article and to the exercise by the City
Clerk and the departments of their responsibilities under this Article.
32.03.15
Annual Employee License Fee
A.
Levy
There is hereby levied the annual license fee for an employee of an adult
entertainment establishment: Fifty dollars ($50.00).
B.
Fees Regulatory
The annual license fees collected under this Article are declared to be
regulatory fees which are collected for the purpose of investigation of
employees of adult entertainment establishments under this Article and the
administration thereof. These regulatory fees are in addition to and not inlieu
of the occupational license taxes imposed by other ordinances.
32.03.16
Transfer of Employee License
A.
Requirements
An employee license for an adult entertainment establishment is not
transferable.
B.
Attempted Improper Transfer Void
Any attempted transfer of a license either directly or indirectly in violation
of this section is hereby declared void.
32.03.17
Suspension of Employee License
A.
Violation of building, fire, health, or zoning statute, article, code, ordinance,
or regulation.
In the event a department learns or finds upon sufficient cause that an
employee of an adult entertainment establishment is acting in violation of a
building, fire, health, or zoning statute, article, code, ordinance or
regulation, whether federal, state, or local, contrary to the respective general
requirements of Section 32.05.00 et seq. (General Operating Rules) of this
Article, the department shall promptly notify the licensee of the violation
and shall allow the licensee a seven-day period in which to correct the
violation. If the licensee fails to correct the violation before the expiration
of the seven (7) day period the department shall notify the City Clerk, who
shall forthwith suspend the license, and shall notify the licensee of the
suspension. The suspension shall remain in effect until the department
which reported the violation notifies the City Clerk in writing that the
violation of the provision in question has been corrected. The department
shall notify the City Clerk of any correction within seven (7) days from
determining that the violation has been corrected.
B.
C.
Convictions for Violations of this Article
1.
In the event the employee is convicted of two (2) or more violations
of any specified criminal act within a two-year period, the City
manager shall, upon receiving evidence of the third conviction,
suspend the license, and notify the licensee of the suspension. The
suspension shall remain in effect for a period of sixty (60) days.
2.
In the event the employee is convicted of one (1) or more violations
of any specified criminal act within a period of two (2) years from
the date of the violations from which the conviction resulted for
which the license was suspended for sixty (60) days under
subsection B, 1, but not including any time during which the license
was suspended for sixty (60) days, the City Clerk shall, upon
receiving evidence of the first violation, suspend the license again,
and notify the licensee of the suspension. The suspension shall
remain in effect for a period of one hundred eighty (180) days.
3.
The renewal of a license pursuant to this Article shall not defeat the
terms of subsections B, 1 and 2.
4.
The fact that a conviction is appealed shall have no effect on the
suspension of the license.
Effective Date of Suspension
1.
32.03.18
All periods of suspension shall begin ten (10) days after the date the
City Clerk mails the notice of suspension to the licensee or the date
the licensee delivers his license to the City Clerk, whichever happens
first.
Revocation of Employee License
A.
False Information
In the event the City Clerk receives evidence that a license was granted
based upon false information, misrepresentation of fact, or mistake of fact,
the City Clerk shall forthwith revoke the license, and notify the licensee of
the revocation.
B.
C.
Repeat Convictions
1.
In the event the employee is convicted of one (1) or more violations
of any specified criminal act who has had a license suspended for a
period of one hundred eighty (180) days pursuant to Section
32.03.17 B, 2, and the violation occurs within a period of two (2)
years from the date of the violation from which the conviction
resulted for which the license was suspended for one hundred eighty
(180) days, but not including any time during which the license was
suspended for one hundred eighty (180) days, the City Clerk shall,
upon receiving evidence of a conviction for the subsequent
violation, forthwith revoke the license, and notify the licensee of the
revocation.
2.
The renewal of a license pursuant to this Article shall not defeat the
terms of subsection B, 1.
3.
The fact that a conviction is appealed shall have no effect on the
suspension of the license.
Effect of Revocation
If a license is revoked, the licensee shall not be allowed to obtain another
adult entertainment employee license for a period of two (2) years.
D.
Effective Date of Revocation
The revocation shall take effect ten (10) days after the date the City Clerk
mails the notice of revocation to the licensee or on the date the licensee
delivers his license to the City Clerk, whichever happens first.
32.04.00
DISTANCE RESTRICTIONS
32.04.01
Prohibited Locations
A.
Notwithstanding any other provision of this Article, except Section 32.04.04
below, or any provision of the City planning, land development and zoning
regulations, and pursuant to Article 2 (Land Use), 202.02 D. (Large
Commercial) of the City of Lake Helen Land Development Regulations, no
person shall propose, cause or permit the operation of, or enlargement of,
an adult entertainment establishment which, while in operation or after
enlargement, would or will be located within six hundred sixty (660) feet of
a preexisting adult entertainment establishment, within six hundred sixty
(660) feet of a preexisting religious institution, within six hundred sixty
(660) feet of a preexisting educational institution, within six hundred sixty
(660) feet of an area zoned within the county or a municipality for
residential use, within six hundred sixty (660) feet of an area designated as
residential on the future land use map of the City's comprehensive plan,
within six hundred sixty feet (660) of the property line of a preexisting
residence, within six hundred sixty (660) feet of a preexisting park, or within
two hundred (200) feet of a preexisting commercial establishment that in
any manner sells or dispenses alcohol. In this subsection the term
"enlargement: includes, but is not limited to, increasing the floor size of the
establishment by more than ten percent (10%)
32.04.02
B.
In addition to the distance requirements set forth in A., an adult
entertainment establishment shall not be allowed to open anywhere except
in the Large Commercial zoning district within the boundaries of Lake
Helen.
C.
The distance requirements of subsection A are independent of and do not
supersede the distance requirements for alcoholic beverage establishments
which may be contained in other laws, rules, ordinances or regulations.
Measurement of Distance
The distance from a proposed or existing adult entertainment establishment to a
preexisting adult entertainment establishment, a preexisting religious institution, a
preexisting educational institution, an area zoned for residential use, an area
designated on the future land use map of the comprehensive plan as residential, a
preexisting residence, a preexisting park, or a preexisting commercial establishment
that sells or dispenses alcohol shall be measured by drawing a straight line between
the closest property lines of the proposed or existing adult entertainment
establishment and the preexisting adult entertainment establishment, preexisting
religious institution, preexisting educational institution, area designated on the
future land use map of the comprehensive plan as residential, preexisting residence,
preexisting park, or preexisting commercial establishment that sells or dispenses
alcohol.
32.04.03
Non-Conforming Uses
A.
Any adult entertainment establishment which, on April 4, 1996, the date the
ordinance is first published, was located on a site which is prohibited by
Section 32.04.01 et seq. (Prohibited Locations) of this Article, shall cease
operations by September 4, 1996.
B.
32.04.04
When a nonconforming use of an adult entertainment establishment has
been discontinued for ninety (90) consecutive days or more, the
nonconforming use shall be deemed abandoned and the future use of the
premises or site shall revert to only those uses permitted on the site on which
the establishment is located.
Variances
The Planning and Land Development Regulation Commission of the City is
authorized to recommend a variance from the distance and zoning requirements of
this Article, pursuant to the procedures and criteria set forth in Article 13, of the
City of Lake Helen Land Development Regulations.
32.05.00
GENERAL OPERATING RULES
32.05.01
General Requirements
Each adult entertainment establishment is subject to all of the following general
requirements and shall:
A.
Conform to all applicable building, fire, health, zoning, and land use
statutes, articles, ordinances, and regulations, whether federal, state or local.
B.
On the first Monday of each month provide the Police Department with a
report of all persons who are employees or who were employees at the
establishment during the previous month, which report shall contain the
name, date of birth, residential address, social security number, position, and
stage name, if any, of such persons.
C
Keep the adult entertainment license posted in a conspicuous place at the
establishment available for inspection by the public at all times.
D.
Cover opaquely each window or other opening through which a person
outside the establishment may otherwise see inside the establishment.
E.
Maintain all exterior walls and surfaces of the establishment, excluding
signs, a single achromatic or light pastel color, and shall maintain all
awnings, canopies, window shutters, window treatment, or other trim the
same color or a single different shade of the same achromatic or light pastel
color. Nothing in this subsection shall be construed to require the painting
of an otherwise unpainted exterior portion of an establishment such as brick
or stone.
F.
Install, construct, keep, maintain, or allow only those signs at the
establishment which comply with Article 8 of the City of Lake Helen Land
Development Regulations and the provisions of this subsection. No sign
shall contain any flashing lights, photographs, silhouettes, drawings or
pictorial representations or other words or material depicting or describing,
specified anatomical areas or sexual activities.
32.05.02
G.
Have at least one licensed employee on duty and situated in each manager's
station at all times that any patron is present inside the premises. In the case
of an adult theater or adult booth, it is the duty of the owners and operator
of the premises and the licensed employees who are present to ensure that
no more than one person occupies a viewing room or booth at any time, and
that all other entrances to booths or other viewing areas (and to the aisles,
walkways and hallways leading to booths or other viewing areas) are
maintained free of any obstruction such as a door, curtain, panel, board, slat,
ribbon, cord, rope, chain or other device.
H.
Configure the interior of the adult entertainment establishment in such a
manner that there is an unobstructed view from the manager’s station of
every area of the premises to which any patron is permitted access for any
purpose, excluding restrooms. Restrooms may not contain video
reproduction equipment. If the premises have two or more manager's
stations designated, then the interior of the premises shall be configured in
such a manner that there is an unobstructed view of each area of the premises
to which any patron is permitted access for any purposes from at least one
of the manager's stations. The view required in this subsection must be by
direct line of sight from the manager’s station.
I.
Ensure that the line of sight and view area specified in subsection H. remains
unobstructed by any doors, walls, merchandise, display racks or other
materials at all times that any patron is permitted access to any area of the
premises which has been designated as an area in which patrons will not be
permitted.
J.
Equip the premises with overhead lighting fixtures of sufficient intensity to
illuminate every place to which patrons are permitted access at an
illumination of not less than one (1.0) foot candle as measured at the floor
level. It shall be the duty of the owners and operator and it shall also be the
duty of all employees present on the premises to ensure that the illumination
is maintained at all times that any patron is present in the premises.
Adult Theaters
In addition to the general requirements for an adult entertainment establishment
contained in Section 32.05.01 et seq., an adult theater shall comply with the
following special requirements:
A.
If an adult theater contains a hall or auditorium area, the area shall have:
B.
C.
32.05.03
1.
Individual separate seats, not couches, benches, or the like, to
accommodate the number of person allowed occupying the area;
2.
A continuous main aisle alongside of the seating areas in order that
each person seated in the areas shall be visible from the aisle at all
times; and
3.
A sign posted in a conspicuous place at or near each entrance to the
hall or auditorium area which lists the maximum number of persons
who may occupy the hall or auditorium area, which number shall not
exceed the number of seats within the hall or auditorium area;
4.
Sufficient illumination so that persons in all areas of the auditorium
can be seen.
If an adult theater contains adult booths, each adult booth shall have:
1.
A sign posted in a conspicuous place at or near the entrance which
states the maximum number of persons allowed to occupy the booth,
which number shall correlate with the number of seats in the booth;
2.
A permanently open entrance not less than thirty-six (36) inches
wide and not less than eighty (80) inches high, which entrance shall
not have any curtain rods, hinges, rails, or the like which would
allow the entrance to be closed or partially closed by any curtain,
door, or other partition.
3.
Individual, separate seats, not couches, benches, or the like, which
correlate with the maximum number of persons who may occupy the
booth;
4.
A well-illuminated continuous main aisle alongside the booth shall
be visible from the aisle at all times; and
5.
Except for the entrance, walls or partitions of solid construction
without any holes or openings in such walls or partitions.
If an adult theater is designed to permit outdoor viewing by persons seated
in automobiles, it shall have the motion picture screen so situated, or the
perimeter of the establishment so fenced, that the material to be seen by
those persons may not be seen from any public right-of-way, property zoned
for residential use, religious institution, educational institution, or park.
Adult Performance Establishments
In addition to the general requirements for an adult entertainment establishment
contained in Section 32.05.01 et seq. (General Requirements), an adult performance
establishment shall comply with the following special requirements:
32.05.04
A.
Have a stage provided for the display or exposure of any specified
anatomical area by an employee or a person other than another employee
consisting of a permanent platform (or other similar permanent structure)
raised a minimum of eighteen (18) inches above the surrounding floor and
encompassing an area of at least one hundred (100) square feet.
B.
Any area in which a private performance occurs shall:
1.
Have a permanently open entrance not less than thirty-six (36)
inches wide and not less than eighty (80) inches high, which
entrance shall not have curtain rods, hinges, rails, or the like which
would allow the entrance to be closed or partially closed by any
curtain, door, or other partition.
2.
Have a wall to wall, floor to ceiling partition of solid construction
without any holes or openings, which partition may be completely
or partially transparent, and which partition separates the employee
from the person viewing the private performance.
Adult Bookstores
In addition to the general requirements for an adult entertainment establishment
contained in Section 32.05.01 et seq., an adult bookstore shall not display
merchandise or adult material in a manner that allows such merchandise or adult
material to be visible from outside of the establishment.
32.05.05
Employee Records
A.
An adult entertainment establishment shall maintain a record of all
employees who are currently employed by the establishment, and of all
former employees who were employed by the establishment during the
preceding one (1) year period. The record shall contain the current or former
employee's full legal name, including any aliases, date of birth, residential
address, residential telephone number (if any), social security number,
driver's license number or state or federally issued identification card
number, employee license number as issued under this Article, and a recent
photograph of the employee.
B.
The original records required by subsection A., or true and exact
photocopies thereof, shall be kept at the establishment at all times.
C.
All operators of the establishment shall be responsible for knowing the
location of the original records, or the true and exact photocopies thereof.
D.
An operator of the establishment shall, upon request by a law enforcement
officer when the establishment is open for business, immediately make
available for inspection the original records, or the true and exact
photocopies thereof.
32.06.00
PROHIBITIONS
32.06.01
Penalty60
32.06.02
A.
Whoever violates any provision of this Article shall be guilty of a
misdemeanor and shall be punished as provided by law.
B.
Whoever violates any provision under this Article, or of the Lake Helen City
Code of Ordinances as amended by this ordinance, is subject to a civil suit
for injunction as well as prosecution for criminal violations and liability for
licensing sanctions such as suspension or revocation
Operation without Valid Adult Entertainment License.
It shall be unlawful for any person to be an operator of an adult entertainment
establishment when:
32.06.03
A.
The establishment does not have a valid adult entertainment license for each
applicable classification;
B.
The license of the establishment is under suspension;
C.
The license of the establishment has been revoked or cancelled; or
D.
The establishment has a license which has expired.
Working at Unlicensed Establishment
It shall be unlawful for any person to act as an employee of an adult entertainment
establishment that he knows or should know does not have a valid license under
this Article, or which has a license which is under suspension, has been revoked or
cancelled, or has expired, or which does not have each applicable adult
entertainment license conspicuously displayed.
32.06.04
Operation Contrary to Certain Provisions
It shall be unlawful for any person to be an operator of an adult entertainment
60
Cross-reference – Section 1.11.02 General Penalty
establishment:
32.06.05
A.
Which does not satisfy all of the general requirements of Section 32.05.01
C, D, E, or F;
B.
Which is an adult theater and does not satisfy all of the special requirements
of Section 32.05.02 et seq.;
C.
Which is an adult performance establishment and does not satisfy all of the
special requirements of Section 32.05.03;
D.
While the entrance or exit of the establishment is locked when a person other
than an employee is inside the establishment.
Prohibited Acts
It shall be unlawful for an employee of an adult entertainment establishment to
commit any of the following acts or for an operator of an adult entertainment
establishment to knowingly or with reason to know, permit, suffer, or allow any
employee or any other person to commit any of the following acts:
A.
Engage in a straddle dance with a person at the establishment;
B.
Offer, contract or otherwise agree to engage in a straddle dance with a
person at the establishment;
C.
Engage in any specified sexual activity at the establishment;
D.
Engage in public nudity as defined in Section 32.01.00 (Definitions) of this
Article;
E.
Display or expose at the establishment specified anatomical areas while
such employee is not continuously positioned at least three feet away from
all other persons or while such employee is not in an area as described in
Section 32.05.03 A.;
F.
Display or expose specified anatomical areas at an establishment where
alcoholic beverages are sold, offered for sale or consumed;
G.
Display or expose any specified anatomical area while simulating any
specified sexual activity with any other person at the establishment;
H.
Engage in a private performance unless such employee is in an area which
complies with the requirements of Section 32.05.03 B., 1 and 2.
I.
Intentionally touch any person at the adult entertainment establishment,
while engaged in the display or ex