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ORDINANCE 2007-4081
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, GENERATING
TRANSPARENCY IN LAND USE ACTIONS CONTEMPLATED FOR
PRESENTATION TO THE BOARDS, COMMISSIONS AND/OR
DEVELOPMENT REVIEW TEAMS OF THE CITY; REQUIRING
DISCLOSURE OF OWNERSHIP INTERESTS IN REAL PROPERTY
APPLICATIONS FOR CHANGE OF LAND USE OR SPECIAL USE
PERMISSION INCLUDING, BUT NOT LIMITED TO, APPLICATIONS FOR
REZONING, FUTURE LAND USE AMENDMENTS, SPECIAL
EXCEPTIONS, CONDITIONAL USES AND VARIANCES; ESTABLISHING
REQUIREMENTS FOR DISCLOSURE OF OWNERSHIP INTERESTS IN
LAND USE APPLICATIONS; PROVIDING FINDINGS AND lEGISLATIVE
INTENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CODIFICATION AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Sanford, Florida, deems it
advisable and beneficial to enact legislation affecting applications for land use actions
presented to the City; and
WHEREAS, transparent disclosure of ownership interests in all land use
applications for rezoning, future land use amendments, special exceptions, and
conditional uses and variances advances the best interests of the applicant, the City
and surrounding property owners and the citizenry; and
WHEREAS, the property rights of citizens owning properties within the City shall
be advanced through such disclosure requirements and compliment the Comprehensive
Land Plan of the City.
NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of
Sanford, Florida, as follows:
SECTION 1. FINDINGS/lEGISLATIVE INTENT.
The above recitals represent the findings and legislative intent relating to the
enactment of this Ordinance.
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SECTION 2. OWNERSHIP DISCLOSURE REQUIREMENTS IN LAND USE
APPLICATIONS.
A. All applications which request a decision from the City involving any change of
land use or special use permission including but not limited to rezoning, future
land use amendment, special exception, conditional use or variance shall include
the identification of each person, corporation, partnership, or trust as well as the
identity of contract purchasers, if any, who have an ownership or equitable
ownership interest in the real property which is the subject matter of the
application.
1. Applications initiated by the City of Sanford shall be required to include
only ownership or equitable ownership information as reflected on the tax
rolls of Seminole County, Florida,
2. The required forms pertaining to the identification of owners shall be made
available in the City of Sanford Planning and Development Services
Department.
3. An application for a rezoning, future land use amendment, special
exception, conditional use or variance will not be considered complete
unless an executed and notarized disclosure form is included as part of
the application. Without the required disclosure form (for non City initiated
applications) the Planning Director shall deem the application incomplete
and shall not forward the application for further consideration by the City.
Completed forms shall be included as a part of the application packet.
B. All information provided to any reviewing authority pertaining to public hearing
items on their agenda will include a copy of the executed and notarized
disclosure form.
C. The identification of owners as required by this ordinance shall include the
following information for each type of ownership in the property that is the subject
matter of the application:
1. Natural Persons
a) The name and address of all natural persons who have an
ownership interest in the property;
2. Corporate Ownership
a) The name, address and title of each officer of the corporation;
b) The name, address and title of each director of the corporation;
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c) The name and address of each shareholder who owns two (2%)
percent or more of the stock of the corporation (shareholders of any
publicly traded stock on any national stock exchange are exempt
from disclosure);
3. Trust
a) The name and address of each trustee;
b) The name and address of each beneficiary of the trust;
c) If the trustee or beneficiary of a trust is a corporation the disclosure
requirements for a corporation shall apply as required by
subsection 2, above;
4. Partnerships. General or Limited
a) The name and address of each principal in the partnership;
b) If any partner is a corporation the disclosure requirements for a
corporation shall apply as required by subsection 2, above;
5. Contract for Purchase
a) The name and address of any contract purchaser;
b) If any contract purchaser is a corporation the disclosure
requirements for a corporation shall apply as required by
subsection 2, above;
c) In addition, in a contract for purchase, the date of the contract for
purchase shall be specified together with any contingency clause
relating to the outcome of the consideration of the application;
D. If any change in the disclosure information occurs after submission of the
application, it is the responsibility of the applicant to provide an updated
disclosure form to the Department of Planning and Development Services prior to
any date of any public hearing on the application.
E. If an applicant claims that the required disclosure of interest information would
violate the confidentiality requirements of any law or regulation, the applicant
must:
1. State this on the disclosure form and clearly articulate the law or
regulations which is the foundation for the exemption;
2. Cite the specific statue or regulation that prohibits disclosure of such
ownership interest;
3, Submit an opinion of legal counsel indicating that disclosure would violate
the cited statute or regulation that prohibits disclosure of such ownership
interest information.
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The City Attorney shall review all applications that contain an assertion of
confidentiality to verify the legal existence of the confidentiality
requirement cited.
Upon such verification, the application may be processed without
disclosure but it will be the applicant's responsibility to defend and hold
harmless the City regarding any litigation challenging the non-disclosure
or the applicability of the confidentiality requirement to the applicant.
F. Upon a judicial determination that an application for rezoning, future land use
amendment, special exception, conditional use or variance was accepted and
obtained without the required disclosure of ownership interest forms as required
herein, the application or approval thereof shall be void, provided any such action
was filed within the time allowed for filing an appeal of the underlying
determination. No action filed after the jurisdictional deadline for an appeal shall
result in the voiding of that decision.
SECTION 3. SEVERABILITY.
If any section, part of section, paragraph, clause, sentence, or phrase of the
Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction,
then said holding shall in no way effect the validity of the remaining portions of this
Ordinance.
SECTION 4. CODIFICATION.
The provisions of this Ordinance shall be included, incorporated and codified
within the Code of Ordinances of the City of Sanford, except that Sections 3 and 4 shall
not be codified.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect immediately upon passage and adoption.
Passed and adopted this 12th day of November, 2007.
City Commission of the City of
Sanford, Florida
Attest:
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Linda Kuhn, Mayor \
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Approved as to form and legality:
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Kenneth W. Mcintosh, Assistant City Attorney
Certificate
I, Janet R. Dougherty, City Clerk of the City of Sanford, Florida, do hereby certify
that a true and correct copy of the foregoing Ordinance No. 4081, Passed and Adopted
by the City Commission of the City of Sanford, Florida, on the 12th day of November,
2007, was posted at the front door of the City Hall in the City of Sanford, Florida, on the
14th day of November, 2007.
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