§ 118-1404. Definitions.

The following words, terms, 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:

Building (or structure) footprint means the area of the lot covered by the building as measured from the outside of the perimeter walls of the building. In the absence of the exterior walls, the building footprint shall be the area under the horizontal projection of the roof.

City means the City of Winter Garden, Florida. As used throughout, the term "city" also includes the designated agent of the city.

Code means the City of Winter Garden Code of Ordinances, including, but not limited to, all ordinances, resolutions, rules, regulations or land development requirements, heretofore and hereafter adopted by the City of Winter Garden.

Commercial corridor means that geographic area identified in section 118-1402 as an overlay district and special area of control for the purposes provided in section 118-1401.

Design standards means the "Supplemental Design Standards, Requirements and Regulations Pertaining to Specified Commercial Corridors within the City of Winter Garden," as such may be amended from time to time. The design standards, adopted by the city as part of this article and attached thereto as Exhibit "B", are incorporated herein by this reference. It is the express intent of this article that the design standards, or any portion thereof, are in addition to and supplemental to the Code. Unless otherwise expressly provided for in the design standards, in the event of a conflict between the design standards, or any portion thereof, and any of the provisions of the Code the more restrictive provision shall control.

New development means the construction of a building upon a vacant parcel; construction of a building upon a parcel whereon a building existed as of the effective date of this Ordinance and such building was razed; or the construction, alteration, improvement, expansion, renovation or modification of a building which involves the complete demolition of said building. Notwithstanding the foregoing, "new development" does not include the construction, alteration, improvement, expansion, renovation or modification of all or part of a building razed or demolished by (or which is required to be razed or demolished due to) an Act of God when such building, or portions thereof, legally existed and lawfully conformed with the Code prior to the effective date of this article.

Substantial modification means any improvement, expansion, renovation, alteration, construction or modification of a building or accessory structure existing as of the effective date of this article in which said improvement, expansion, renovation, alteration, construction or modification:

(1)

Results in greater than a 50 percent increase in the total square footage of the existing building and accessory structure footprint if said existing building and accessory structure footprint is 10,000 square feet or less; or

(2)

Results in greater than a 25 percent increase in the total square footage of the existing building and accessory structure footprint if said building and accessory structure footprint is greater than 10,000 square feet; or

(3)

Results in an improvement, expansion, renovation, alteration, construction or modification where the cost of the proposed improvements is greater than 50 percent of the assessed value of the existing improvements. For purposes of this paragraph, "assessed value" shall be as determined by the Orange County Property Appraiser and "costs of the proposed improvements" shall be submitted with a cost estimate from the contractor and approved by the building official; or

(4)

Results in greater than a 100 percent increase in the number of parking spaces, as required by the Code, due to a change in the use of the subject property when compared to the number of paved parking spaces required for the prior use of the subject property.

Nonsubstantial modification means any improvements, expansions, renovations alterations or modifications of a building or accessory structure existing as of the effective date of this article in which:

(1)

Results in a redevelopment, modification, alteration, renovation or refurbishment of the existing business building façade and building design with no proposed change of uses for the subject property. Although, the site may be exempt from the standards and regulations set forth in this article, all proposed building improvements shall comply with section 118-1441, building design standards, set forth in this article.

(2)

It is expressly provided that the reconstruction of a building or accessory structure, or portions thereof, legally existing and lawfully conforming with the Code as of the effective date of this article shall not constitute a "substantial modification" provided that: (1) such reconstruction is necessitated due to an Act of God; (2) such reconstruction is substantially similar to such building or accessory structure, or portions thereof, which was damaged or destroyed by an Act of God; and (3) such reconstruction does not cause nonconformity with the provisions of this article or increase its size, height, or other physical characteristics or intensity of the site when compared to the building or accessory structure, or portions thereof, which was destroyed or damaged by an Act of God.

(Ord. No. 03-30, § 2, 9-17-03; Ord. No. 03-52, § 2, 12-11-03; Ord. No. 10-08, § 2(Exh. A), 7-8-10)