HomeMy WebLinkAbout771 (also see Ord 362)ORDINANCE NO. :Z Z
ZONING ORDINANCE
City of Sanford
Sanford, Florida
AN ORDINANCE AiMENDING ORDINANCE NO. 362 OF THE CITY OF
SANFORD, FLORIDA, SAID ORDINANCE BEING ADOPTED DECEMBER
26, 1944, AND ENTITLED "OFFICIAL ZONING PLAN ORDINANCE10,
AS AMENDED, BEING A COMPREHENSIVE ZONING ORDINANCE FOR
THE PURPOSE OF PROMOTING HEALTH, SAFETY, MORALS AND THE
GENERAL WELFARE OF THE CITY OF SANFORD, FLORIDA, REGULATING
AND RESTRICTING THE USE OF LAND AND THE USE AND LOCATION
OF BUILDINGS AND STRUCTURES, REGULATING AND RESTRICTING
THE HEIGHT AND BULK OF BUILDINGS, NUMBER OF STORIES OF
BUILDINGS AND OTHER STRUCTURES, THE PERCENTAGE OF LOT
AREA THAT MAY BE OCCUPIED, THE SIZE OF YARD, COURTS AND
OTHER OPEN SPACES SURROUNDING THEM; REGULATING AND RE-
STRICTING THE DENSITY OF POPULATION, AND THE LOCATION
AND USE OF BUILDINGS, STRUCTURES AND LAND FOR TRADE,
INDUSTRY, RESIDENCE CR OTHER PURPOSES; DIVIDING THE
CITY OF SAN_._:`1__'12D INTO DISTRICTS FOR SUCH PURPOSES;
ADOPTING MAPS OF SAID CITY SHOWING BOUNDARIES AND
CLASSIFICATION OF SUCH DISTRICTS; ESTABLISHING A ZONE
COMMISSION; ESTALLISHING A EOARD OF ZONE ADJUSTMENT;
PROVIDING THE DUTIES AND PURPOSES OF SUCH COMMISSIONS
AND BOARDS; REGULATING AND RESTRICTING OFF-STREET PARKING
AND LOADING; PROVIDING FOR CERTIFICATE OF OCCUPANCY AND
APPLICATIONS THEREFORE; PROVIDING FOR THE ENFORCEMENT
AND AMENDMENT THERECF; REPEALING ALL ORDINANCES OR PARTS
OF ORDINANCES IN C01ITLICT HEREWITH; AND PRESCRIBING
PENALTIES FOR TILE VIOLATION OF THIS ORDINANCE.
BE IT ENACTED 2. TUZ. PEC- LE OF _TILE CITY OF SANFORD, FLORIDA:
Ordinance 362 of the City of Sanford, Florida, as amended be
and the same is hereby amended to read as follows:
ARTICLE I.
Ger.:e-ra1
SECTION 1. BASIS FORR_FOULA_TIONS AND REQUIREMENTS HEREIN
RFT FC TIi
The regulations and -requirements herein set forth have been
made in accordance with a comprehensive plan, with reasonable con-
sideration, among other things, to the prevailing land uses, growth
characteristics and the character of the respective districts and
their peculiar use of land throughout the city.
SECTION 2. INTERPRETATION, PURPOSE, AND CONFLICT
In their interpretation and application, the provisions
of this ordinance shall be the minimum requirements for the
promotion of public health, safety, convenience, comfort, morals,
prosperity and general welfare; to conserve the taxable value of
land and buildings and to protect the character and maintain the
stability of residential, business and industrial areas within
the city and to promote the orderly and beneficial development
of such areas. Among other purposes, such provisions are intended
to provide adequate light, air, privacy and convenience of access
to property; to avoid undue concentration of population by regu-
lating and Limiting the height and bulk of buildings and structures;
the size of open spdces s%rrottnding buildings; to establish building
lines; to divide the city into districts restricting and regulating
therein the construction, reconstruction, alteration and use of
buildings, structures and land for residence, business, industry
and other specified uses and to limit congestion in public streets
by providing off-street parking of motor vehicles and to define
the powers and duties of the administrative officers and Board
of Adjustment as provided herein.
It is not intended by this ordinance to interfere with or
abrogate or annul any ordinance, rules, regulations, or permits
previously adopted or issued, and not in conflict with any of
the provisions of this ordinance, or which shall be adopted or
issued pursuant to law relating to the use of buildings or premises,
and likewise not in conflict with this ordinance; nor is it intended
by this ordinance to interfere with or aborgate or annul any ease-
ments between parties, except that, if this ordinance imposes a
greater restriction, this ordinance shall control.
SECTION 3. DEFINITIONS
For the purpose of this ordinance, certain terms and words
are hereby defined. Words in the present tense include the future;
the singular number shall include the plural and the plural, the
singular; the word `°building9P shall include the word "structure"
and the word "lot" shall include the word "plot" or "parcel" and
the word 4°usedi° or "occupied" as applied to any land or building
shall be construed to include the words "intended, arranged or
designed to be used or occupied".
(1) ACCESSORY. A building or use customarily incidental and
subordinate to the principal use or building and located on the
same lot or parcel of land with such principal building or use.
IW•E
(2) ADVERTISING STRUCTURE. Any structure of any kind or
character erected or maintained for outdoor advertising purposes,
upon which any outdoor advertising sign may be placed.
(3) ALLEY. A permanent public service way which affords a
secondary means of access to the properties abutting thereon.
(4) APARTMENT HOUSE. See Multiple Family Dwelling.
(5) BASEMENT. A basement shall mean a portion of a building
located partly underground, but having less than one-half (2) its
clear floor -to -ceiling height below the average grade of the ground.
A basement shall be counted as a story if subdivided and used for
dwelling or business purposes.
(6) BOARDING OR LODGING HOUSE. A dwelling other than a hotel
having one kitchen and used for the purpose of providing meals or
lodging or both for compensation to persons other than members of
the family occupying such dwelling.
(7) BUILDING. Any structure
shelter or protection of persons,
any kind.
designed or built for the support,
animals, chattels or property of
(8) BUILDING, HEIGHT OF. The vertical distance from the grade
to the highest point of the coping of a flat roof or to the mean
height level between eaves and ridge for gable, hip or gambrel
roofs. Where no grade has been established, the height of the
building may be measured from the mean elevation of the finished
lot at the front of the building.
(9) BUNGALOW COURT. A group of two or more detached buildings
under one ownership and management and being serviced as a group
by public utilities, each individual building consisting of complete
living accommodations for one family.
(10) CLINIC. A clinic is an establishment where patients, who
are not lodged overnight, are admitted for examination and treatment
by one person or 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.
(11) CLUB. Buildings and facilities owned and operated by a
corporation or association of persons for social or recreational
purposes, but not operated primarily for profit or to render a
service which is customarily carried on as a business.
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(12) DI -TELLING. A building or portion thereof, designed or
used exclusively for residential occupany but not including hotels,
lodging houses, motels or mobile homes.
(13) DWELLING, ONE FAMILY. A building designed for or occupied
exclusively by one family.
(14) DT -TE- LLINIG, TWO FAMILY. (DUPLEX) . A building designed for
or occupied exclusively by two families, with separate housekeeping
or cooking facilities for each family.
(15) DT -TELLING, MULTIPLE FAMILY. A building designed for or
occupied exclusively by three or more families, with separate
housekeeping and cooking facilities for each family.
(16) FAMILY. One or more persons living together as a single
housekeeping unit, as distinguished from a group occupying a boarding
house, lodging house, club, fraternity or hotel.
(17) FILLING STATION. See service station.
(18) GARAGE APARTMENT. An accessory building, not a part of
or attached to the main building, a portion of which contains living
quarters for not more than (1) family and an enclosed space for at
least one automobile.
(19) GARAGE, PRIVATE. An accessory building or a portion of
the principal building, used for storage of automobiles of the
occupants of the principal building; a carport is a private garage.
(20) GARAGE, PUBLIC. A garage other than a private garage,
available to the public, operated for gain, and which is used for
storage, repair, rental, greasing, washing, servicing, adjusting
or equipping of automobiles or other vehicles.
(21) GARAGE, STORAGE. A building or operation thereof designed
or used exclusively for the storage or parking of automobiles.
Services other than storage at such storage garage shall be limited
to refueling, washing, waxing and polishing.
(22) GUEST (TOURIST) HOME. A private dwelling in which transient
sleeping accommodations are provided for compensation, especially
motor tourists or travelers.
(23) HOME OCCUPATION. Any occupation, business or professional
service conducted entirely within a dwelling and carried on by an
occupant thereof, which use is clearly incidental and secondary to
the use of the dwelling for dwelling purposes and does not change
the character thereof (See Article 11).
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(24.) HOTEL. A building or other structure kept, used, or
maintained and advertised as or held out to the public to be a
place where sleeping accommodations are supplied for pay, catering
primarily to transient guests, 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 where
meals are served to transient or other guests; such sleeping
accommodations and dining rooms, restaurants and cafes, if
existing, being conducted in the same building or accessory
buildings in connection therwith.
(25) JUNK YARD. An open area where waste, used or secondhand
materials are bought, sold, exchanged, stored, baled, packed, dis-
assembled, or handled, including but not limited to scrap iron and
other metals, cloths, paper, rags, plubming fixtures, rubber tires
and bottles. A junk yard includes an automobile wrecking yard.
(26) KENNEL. A place where dogs and other small animals and
pets are kept, sheltered and boarded for compensation. It may be
equipped with fenced pens and runs.
(27) LAUNDRY, SELF-SERVICE. A business that provides home -type
washing, drying and/or machines for hire to be used by customers
on the premises.
(28) LOT. A parcel of land occupied or intended for occupancy
by a use permitted in this ordinance including one principal building
together with its accessory buildings, the yard areas and parking
spaces required by this ordinance and having its principal frontage
upon a publicly -owned or maintained street or upon an approved place.
When a bungalow court is being considered, a lot shall refer to a
parcel of land devoted to the individual buildings in such a bungalow
court.
(29) LOT, CORNER. A parcel of land at the junction of and
abutting on two or more intersecting streets.
(30) LOT, DEPTH. The depth of a lot is the distance measured
in a mean direction of the side lines of the lot from the mid -point
of the front line to the mid -point of the opposite rear line of the
lot.
(31) LOT, FRONTAGE. The horizontal distance measured along the
narrow width of a lot abutting a street right-of-way.
(32) LOT, INTERIOR. A lot other than a corner lot.
(33) LOT OF RECORD. A lot which is a part of a subdivision, the
plat of which has been recorded in the office of the Clerk of the
Court of Seminole County, Florida; or a parcel of land, the deed
of which was recorded in the office of the Clerk of the Court of
Seminole County, Florida, on or before the effective date of this
ordinance. _S_
(34) LOT, THROUGH. An interior lot having frontage on two
parallel or approximately parallel streets.
(35) LOT, WIDTH. The mean horizontal distance between the
side lot lines, measured at -right angles to the depth.
(36) MOTEL. A building or groups of buildings, whether de-
tached or in connected units, used as individual sleeping or dwelling
units designed primarily for transient automovile travelers, and
providing for accessory off-street parking facilities adjacent to
each unit and having individual unit entrances, opening to the
outside. The term "motel" includes buildings designated as auto
courts, tourist courts, motor lodges and similar appellations.
(37) NONCONFORMING USE. A use, structure, or land lawfully
occupied by a use that does not conform to the use regulations
of the district in which it is located.
(38) 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 for 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.
(39) SERVICE STATION. Any building, structure or land used for
dispensing, sale or offering for sale at retail of any automobile
fuels, oils or accessories and in connection with which is performed
general automotive servicing as distinguished from automotive repairs.
(40) STORY. That portion of a building, other than a basement,
including between the surface of any floor and the surface of the
floor next above it, or, if there be no floor above it, then the
space between the floor and the ceiling next above it.
(41) STORY, HALF. A space under a sloping roof which has the
line of intersection of the roof decking and wall face not more
than three (3) feet above the top floor level, and in which space
not more than two-thirds of the floor area is finished off for
use. A half story containing independent apartment or living
quarters shall be counted as a full story.
(42) STREET. A public or private thorofare which affords the
principal means of access to abutting property. This includes
lane, pace, way or other means of ingress or egress regardless
of the term used to designate.
(43) STREET RIGHT-OF-WAY LINE. The dividing line between a lot,
tract or parcel of land and a contiguous street.
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(44) STRUCTURE. Anything constructed or erected, the use
of which requires a permanent location on the ground or attached
to something having a permanent location on the ground, including,
but without limiting the generality of the foregoing, advertising
signs, billboards and poster panels.
(45) STRUCTURAL ALTERATIONS. Any change except for repair or
replacement, in the supporting members of a building, such as being
walls or partitions, columns, beams, or girders, or any substantial
change in the roof or in interior walls.
(46) TRAILER. Any so-called house trailer or mobile home and
other similar objects, which are designed for use as a place of
abode, by one or more persons, both temporary and permanent,
irrespective of whether they are actually used for such purpose.
(47) TRAILER PARK. A duly licensed camp, park or other area
established to carry on the business of parking or otherwise servicing
trailers or mobile homes.
(48) USED CAR SALES LOT. A lot or group of contiguous lots,
used for the display and sale of used automobiles and where no
repair work is done except the necessary washing, polishing of the
cars to be displayed and sold on the premises.
(49) YARD. An open space at grade between a building and the
adjoining lot lines, unoccupied and unobstructed by any portion of
the structure from the ground upward, except as otherwise provided
herein. In measuring a yard for the purpose of determining the
width of a side yard, the depth of a front or -rear yard, the
minimum horizontal distance between the lot line and the principal
building shall be used.
(50) YARD, FRONT. A yard extending across the front of a lot
between the side lot lines and being the minimum horizontal distance
between the front lot line and the principal building.
(51) YARD, REAR. A yard extending across the rear of a lot
between the side lot lines and being the minimum horizontal distance
between the rear lot line and the principal building. On both corner
and interior lots the rear yard shall in all cases be at the opposite
end of the front yard.
(52) YARD, SIDE. A yard extending from the front yard to the
rear yard and being the minimum horizontal distance from the side lot
line to the principal building.
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ARTICLE II
ESTABLISHMENT OF DISTRICTS AND BOUNDARIES THEREON,
AND PLACING RESTRICTIONS UPON LANDS, BUILDINGS AND STRUCTURES
SECTION 1. ESTABLISHMENT OF DISTRICTS
In order to classify, regulate, and restrict the location of
trades and industries, and the location of buildings, designed for
specific uses; to regulate and limit the height and bulk of buildings
hereafter erected or altered; to regulate and limit the intensity
of the use of lot areas, and to regulate and determine the area of
yards, courts, and other open spaces within and surrounding such
buildings, the City of Sanford, Florida, is hereby divided into
eleven (11) "Districts" designated as follows:
The above tabulation, for purposes of this ordinance, is arranged
from Districts of higher classifications to those of lower classi-
fications.
MINIMUM
MINIMUM
LOT
LOT
AREA
WIDTH
R-lAA
One Family Dwelling District
10,000 sq.ft.
85 ft.
R-lA.
One Family Dwelling District
7,500
60
R-1
One Family Dwelling District
5,000
50
R-2
One and Two Family Dwelling
District - One Family
5,000
50
Two Family
7,500
75
R-3
Multiple Family Dwelling
District - One Family
5,000
50
Two Family
7,500
75
R-4
One Family Dwelling District
5,000
50
R-5
One and Two Family Dwelling
District - One Family
5,000
50
Two Family
6,000
60
R-6
Multiple Family Dwelling District
One Family
4,000
40
Two Family
5,000
50
C-1
Neighborhood Commercial District
C-2
General Commercial District
M-1
Light Industrial District
The above tabulation, for purposes of this ordinance, is arranged
from Districts of higher classifications to those of lower classi-
fications.
DISTRICT BOUNDARIES ON ZONING MIAP: The aforesaid districts
and boundaries established upon a map entitled "The Zoning Map of
the City of Sanford, Florida" on file in the office of the City
Clerk of the City of Sanford, Florida. The said zoning map of
the City of Sanford, Florida, and all the notations, references,
and other matters set forth thereon shall be as much a part of
this ordinance as if such information set forth on such map were
all fully described and set out herein.
All territory which may hereafter be annexed to the City of
Sanford shall be automatically classified as being within the
R-lAA District until such classification shall have been changed
by an amendment as provided by law.
Whenever any street, alley, or other public way is vacated by
official action of the City Commission, the Zoning Districts adjoining
each side of such street, alley or public way shall be automatically
extended to the center of such vacation and all area included in
the vacation shall then and henceforth be subject to all appropriate
regulations of the extended districts.
3-A
Where uncertainty exists as to boundaries of any district
shown on said map the following rules shall apply:
(1) Where district boundaries are indicated as approxi-
mately following street lines, alley lines or lot lines,
the center line of such street, alley, or lot lines shall
be construed to be such boundaries.
(2) Where district boundaries are so indicated that they
approximately follow the lot lines, such lot lines shall
be construed to be said boundaries.
(3) In unsubdivided property or where a district boundary
divides a lot, the location of such boundary, unless the
same is indicated by dimensions, shall be determined by
use of the scale appearing on the map.
(4) In case any further uncertainty exists, the City
Commission shall interpret the intent of the map as to
location of such boundaries.
(5) All areas within the corporate limits of the City
which are under water and not shown as included within any
district shall be subject to all of the regulations of the
district which immediately adjoins the water area. If the
water area adjoins two or more districts the boundaries of
each district shall be construed to extend into the water
area in a straight line until they meet the other district.
SECTION 2. RESTRICTIONS UPON LANDS, BUILDINGS AND
STRUCTURES.
Except as hereinafter provided:
(A) Height. No structure or building shall be erected, nor
shall any existing building be moved, reconditioned or structur-
ally altered so as to exceed in height the limit established in
this ordinance,_ or amendments thereto, for the district in which
such building or structure is located.
(B) Use. No building or structure shall be erected and no
existing building shall be moved, altered, added to or enlarged,
nor shall any land, building structure or premises be used,
designed or intended to be used for any purpose or in any manner
other than a use designated in this ordinance, or amendments
thereto, as permitted in the district in which such land, build-
ing, structure or premises is or are located.
(C) Percentage of Lot Occupancy: No building or structure
shall be erected nor shall any existing building or structure
be moved, altered, enlarged or rebuilt, nor shall any open space
surrounding any building or structure be encroached upon or re-
duced in any manner, except in conformity with the building site
area, 1st floor area, lot coverage, yard and parking requirements
and regulations established by this ordinance or amendments there-
to,
here-to, for the district in which such building or structure is
located.
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NOTE: This paragraph shall in no way prohibit
any addition to an existing building provided the new
addition meets the yard requirements.
(D) Open space Use Limitation: No yard or other
open space provided about any building or structure for
the purpose of complying with the regulations of this
ordinance, or amendments thereto, shall be considered
as providing a yard or open space for any building or
structure.
(E) Required lot and occupancy: Every building or
structure hereafter erected shall be located on a lot or
tract as defined herein; and in no case shall there be
more than one main building and customary accessory
buildings on one lot.
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ARTICLE III.
R-lAA AND R -1A ONE FAMILY DWELLING DISTRICT
The lands included within R -IAA and R-lA One Family Dwelling
Districts are developed predominately with single family dwellings
on lots of generous area. The districts are designed to preserve
and protect the single family characteristic.
SECTION 1. USES PERMITTED.
Uithin any R-lAA and R-lA One Family Dwelling District, no
building, structure, land or water shall be used except for one
or more of the following uses:
(1) Single family dwelling.
(2) Accessory uses incidental to each single family
dwelling when placed on the same lot or parcel
of land and not used or operated commercially,
including:
(a) Private garage.
(b) Shed for housing domestic animals.
(c) Children's playhouse.
(d) Greenhouse.
(e) Tool shed or workshop.
(f) Servants quarters.
(g) Swimming pools.
(3) Public recreational areas and facilities.
(4) Elementary schools.
SECTION 2. CONDITIONAL USES.
(1) NO CONDITIONAL USES shall be allowed or granted
in R-lAA One Family Dwelling Districts.
(2) In R -1A One Family Dwelling Districts Conditional
Uses may be granted as follows:
When after review of an application and plans appurtenant
thereto and hearing thereon, the Planning Board finds as a fact
that the proposed use or uses are consistent with the general
zoning plan of the City of Sanford, and with the public interest,
the following may be recommended to the City Commission as per-
mitted uses in the R-lA One Family Dwelling Districts:
(a) Public schools, nursery schools and kindergartens.
(b) Libraries, community center buildings, public museums.
(c) Churches and their attendant educational and recre-
ational facilities.
(d) Off-street parking as provided in SECTION 7. of
ARTICLE XVII.
Any review of an application or plan shall consider the
character of the neighborhood in which the proposed use is to
be located and the effect of the proposed development on the
value of surrounding lands, and further, a consideration of
site area as it relates particularly to the required open spaces
and off-street parking facilities.
SECTION 3. BUILDING HEIGHT REGULATIONS.
No building or structure shall exceed thirty-five (35) feet
or two and one-half stories in height, unless otherwise provided
herein.
SECTION 4. BUILDING SITE AREA REQUIRED.
Each single family dwelling shall be located on a lot or parcel
of land having an eara of not less than ten thousand (10,000) square
feet in an R-lAA One Family Dwelling District and seven thousand
five -hundred (7,500) square feet in an R-lA District and said lots
or parcels of land shall be minimum widths of 85 feet and 60 feet
respectively, at the building line.
Where a lot or parcel of land has an area or width less than
that above and was a lot of record at the time of the adoption of
this ordinance, said lot may be used for a single family dwelling
provided the minimum yard requirements as set forth herein are
conformed with.
SECTION 5. YARD REGULATIONS.
1. FRONT YARD: There shall be a front yard of not less
than twenty-five (25) feet in depth.
(a) On through lots with frontage on two streets,
the required front yards shall be provided on
both streets.
2. REAR YARD: There shall be a rear yard not less
than twenty-five feet in depth.
3. SIDE YARDS: There shall be side yards on each side
of every dwelling of not less than ten (10) feet in
the R-lAA District and seven and one-half (72) feet
in the R-lA District.
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4. CORNER LOTS: On corner lots, the side adjacent to the
interior of the block shall have a side yard as re-
quired above. The side adjacent to the street shall
have a side yard of at least 25% of the lot frontage
and shall in no case be less than 122 feet and need
not be greater than the front yard requirement. No
accessory building may project toward the street side
closer than the principal building line as established
above.
SECTION 6. LOT COVERAGE.
Forty per cent of the lot area is the maximum which may be
covered by the principal and accessory buildings or structures
located thereon.
SECTION 7. PARKING REGULATIONS.
See Article XVII
SECTION 8. MINIMUM FIRST FLOOR AREA REQUIREMENTS.
See Article XVI
SECTION 9. OCCUPANCY.
See Article X , Section 1.
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ARTICLE IV.
R-1 ONE FAMILY DWELLING DISTRICT
SECTION 1. USES PERMITTED.
Within any R-1 One Family Dwelling District, no building,
structure, land or water shall be used except for one or more
of the following uses:
(1) Any use permitted in the R-lAA and R-lA One Family
Dwelling Districts.
(2) Home Occupations as defined in Article I, Section 3,
Paragrpah 23, and further defined and regulated under
Article XV..
(3) Churches with their attendant educational and recre-
ational buildings and facilities.
(4) Schools, elementary, junior and senior high, nursery
schools and kindergartens, and private schools, except
correctional institutions.
(5) Libraries, community centers and buildings used
exclusively by federal, state, county or city
government for public purposes.
(6) Parks, recreation facilities, playgrounds owned
and operated by the City of Sanford.
SECTION 2. CONDITIONAL USES.
When, after review of an application and plans appurtenant
thereto and hearing thereon, the Planning Board finds as a fact
that the proposed use or uses are consistent with the general
zoning plan of the City of Sanford, and with the public interest,
the following may be considered and determined as a permitted use
in the R-1, One Family Dwelling District.
(a) Public Utility Substations.
Any review of an application or plan shall consider the
character of the neighborhood in which the proposed use is to
be located and the effect of the proposed development on the value
of the surrounding lands, and further, a consideration of site area
as it relates particularly to the required open spaces and off-street
parking facilities.
SECTION 3. BUILDING HEIGHT REGULATIONS.
No building or structure shall exceed thirty-five (35) feet
in height, unless otherwise provided herein.
SECTION 4. BUILDING SITE AREA REGULATIONS.
Each single family dwelling shall be located on a lot or
parcel of land having an area of not less than five thousand
(5,000) square feet and a width of not less than fifty (50)
feet, at the building line.
Where a lot or parcel of land has an area or width less than
the above and was a lot of record at the time of the adoption of
this ordinance, said lot may be used for a single family dwelling
provided the minimum yard requirements for the district as herein
set forth are conformed with.
SECTION 5. YARD REGULATIONS.
1. FRONT YARD: Same as for the R -IA District.
2. REAR YARD: Same as for the R-lA District.
3. SIDE YARD: There shall be a side yard on each
side of every dwelling of not less than 72 feet.
4. CORNER LOTS: Same as for the R-lA District.
SECTION 6. LOT COVERAGE.
Same as for the R -1A District.
SECTION 7. OFF-STREET PARKING REGULATIONS.
See Article XVII
SECTION 8. MINIMUM FIRST FLOOR AREA REQUIREMENTS.
See Article XVI
SECTION 9. OCCUPANCY
See Article X Section 1.
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ARTICLE V.
R-2 ONE AND TWO FAMILY DWELLING DISTRICT
SECTION 1. USES PERMITTED.
Within any R-2 One and Two Family Dwelling District, no building,
structure, land or water may be used except for one or more of the
following uses:
(1) Any use permitted in the R-1 One Family Dwelling District.
(2) One and Two Family dwellings including their customary
accessory uses.
(3) One family garage apartment permitted provided the
principal structure is a one family dwelling unit.
SECTION 2. BUILDING HEIGHT REGULATIONS.
Same as for the R-1 District.
SECTION 3. BUILDING SITE AREA REGULATIONS.
(1) For single family dwellings, same as for the R-1 Single
Family Dwelling District.
(2) Each two family dwelling shall be located on a lot or
parcel of land having an area of not less than seven
thousand five -hundred (7,500) square feet and a width
of not less than seventy-five (75) feet.
Where a lot or parcel of land has an area or width less than
that above and was a lot of record at the time of the adoption of
this ordinance, said lot may be used for a single family dwelling
provoded the minimum yard requirements as set forth herein are
conformed with.
SECTION 4. FRONT, REAR, SIDE AND CORNER LOT REGULATIONS.
Same as for R-1 Single Family Dwelling District.
SECTION 5. LOT COVERAGE.
Same as for R-1 Single Family Dwelling District.
SECTION 6. OFF-STREET PARKING REGULATIONS.
See Article XVII
- 16 -
SECTION 7. MINIMUM FIRST FLOOR AREA REQUIREMENTS.
See Article XVI
SECTION 8. OCCUPANCY.
See Article X. Section 1.
- 17 -
ARTICLE VI
R-3 MULTIPLE FAMILY DWELLING DISTRICT
SECTION 1. USES PERMITTED.
Within any R-3 Multiple Family Dwelling District, no building,
structure, land or water shall be used except for one or more of the
following uses:
(1) Any use permitted in the R-2 District.
(2) Multiple family dwellings.
(3) Apartment Hotels.
(4) Boarding houses and lodging houses.
(5) Guest homes and tourist homes.
(6) Accessory buildings and uses cutomarily incident to
any of the above uses when located on the same lot but
not involving the conduct of a business.
(7) Private clubs and lodges, except such clubs and lodges
the chief activity of which is customarily carried on
as a business for gain.
(8) Medical, dental, architectural, legal and engineering
clinics or offices only.
(9) Prescription Pharmacy when a part of a clinic.
(10) Day nurseries.
(11) Nursing, convalescent homes.
(12) Hospitals, but no animal hospitals, mental or alcoholic
institutions.
SECTION 2. BUILDING HEIGHT REGULATIONS.
No building shall exceed forty-five (45) feet in height.
SECTION 3. BUILDING SITE AREA REGULATIONS.
The site area requirements in the R-3 Multiple Family Dwelling
District shall be:
1. For one family dwellings, same as for the R-1 Single
Family District.
2. For two family dcyellings, same as for the R-2 One and
Two Family Dwelling Districts.
3. For each dwelling unit in excess of two (2) added to the
structure on the first and second floor, additional lot
area shall be provided for each of such dwelling units
added based on the following:
(a) One thousand seven -hundred (1,700) additional square
feet for each one bedroom dwelling unit.
(b) T�•,o thousand (2,000) additional sq. feet for each
two or more bedroom units.
- 1R -
4. For each dwelling unit added to the structure above
the second floor, one thousand (1,000) square feet of
lot area shall be provided for each of such dwelling
units added.
5. For structure accommodating an excess of four (4)
dwelling units, the minimum width of lot or parcel
of land shall be eighty-five (85) feet.
SECTION 4. YARD REGULATIONS.
1. For one and two family dwellings, the front, rear and
side yards shall be the same as in the R-2 One and Two
Family Dwelling District.
2. For Multiple Family Dwellings, the following front,
rear and side yards shall be observed:
(a) A front yard of not less than twenty (20)
feet measured from the front lot line to
the front wall of the building.
(b) Side yards of at least ten (10) feet shall
be provided, however for a building more than
thirty-five (35) feet in height, one foot shall
be added to the yard for each story added.
(c) A rear yard of at least twenty (20) feet
shall be provided.
3. Corner Lots: Same as for the R-lA District.
SECTION 5. LOT COVERAGE.
Fifty (50) per cent of the lot area is the maximum which may
be covered by the principal and accessory buildings or structures
located thereon.
SECTION 6. OFF-STREET PARKING REGULATIONS.
See Article XVII
SECTION 7. MINIMUM FIRST FLOOR AREA REQUIREMENTS.
See Article XVI
SECTION 8. OCCUPANCY.
See Article X Section 1.
- 19 -
ARTICLE VII.
R-4 ONE FAMILY DWELLING DISTRICT
SECTION 1. USES PERMITTED.
Within any R-4 One Family Dwelling District, no building,
structure, land or water shall be used except for one or more
of the following uses:
(1) Any use permitted in the R-1AA and R-lA One Family
Dwelling Districts.
(2) Home Occupations as defined in Article I, Section 3,
Paragraph 23, and further defined and regulated under
Article XV.
(3) Churches with their attendant educational and recrea-
tional buildings and facilities.
(4) Schools, elementary, junior and senior high, nursery
schools and kindergartens, and private schools, ex-
cept correctional institutions.
(5) Libraries, community centers and buildings used ex-
clusively by federal, state, county or city government
for public purposes.
(6) Parks, recreation facilities, playgrounds owned and
operated by the City of Sanford.
SECTION 2. CONDITIONAL USES.
When, after review of an application and plans appurtenant
thereto and hearing thereon, the Planning Board finds as a fact
that the proposed use or uses are consistent with the general
zoning plan of the City of Sanford, and with the public interest,
the following may be considered and determined as a permitted
use in the R-4, One Family Dwelling District.
(a) Public Utility Substations.
Any review of an application or plan shall consider the character
of the neighborhood in which the proposed use is to be located and
the effect of the proposed development on the value of the surrounding
lands, and further, a consideration of site area as it relates par-
ticularly to the required open spaces and off-street parking facilities.
- 20 -
SECTION 3. BUILDING HEIGHT REGULATIONS.
No building or structure shall exceed thirty-five (35) feet
in height, unless otherwise provided herein.
SECTION 4. BUILDING SITE AREA REGULATIONS.
Each single family dwelling shall be located on a lot or parcel
of land having an area of not less than five thousand (5,000) square
feet and a width of not less than fifty (50) feet, at the building
line.
Where a lot or parcel of land has an area or width less than
the above and was a lot of record at the time of the adoption of
this ordinance, said lot may be used for a single family dwelling
provided the minimum yard requirements for the district as herein
set forth are conformed with.
SECTION 5. YARD REGULATIONS.
1. FRONT YARD: Same as for the R-lA District.
2. REAR YARD: Same as for the R-lA District.
3. SIDE YARD: There shall be a side yard on each
side of every dwelling of not less than 72 feet.
4. CORNER LOTS: Same as for the R -1A District.
SECTION 6. LOT COVERAGE.
Same as for the R-lA District.
SECTION 7. OFF-STREET PARKING REGULATIONS.
See Article XVII
SECTION 8. MINIMUM FIRST FLOOR AREA REQUIREMENTS.
See Article XVI
SECTION 9. OCCUPANCY.
See Article X Section 2.
- 21 -
ARTICLE VIII
R-5 ONE AND TWO FAMILY DWELLING DISTRICT
SECTION 1. USES PERMITTED.
Within Any R-5 One and Two Family Dwelling District, no building,
structure, land or water may be used except for one or more of the
following uses:
(1) Any use permitted in the R-1 One Family Dwelling District.
(2) One and Two Family dwellings including their customary
accessory uses.
(3) One family garage apartment permitted provided the
principal structure is a one family dwelling unit.
SECTION 2. BUILDING HEIGHT REGULATIONS.
Same as for the R-1 District.
SECTION 3. BUILDING SITE AREA REGULATIONS.
(1) For single family dwellings, same as for the R-1 Single
Family Dwelling District.
(2) Each two family dwelling shall be located on a lot or
parcel of land having an area of not less than seven
thousand five -hundred (7,500) square feet and a width
of not less than seventy-five (75) feet.
Where a lot or parcel of land has an area or width less than
that above and was a lot of record at the time of the adoption of
this ordinance, said lot may be used for a single family dwelling
provided the minimum yard requirements as set forth herein are con-
formed with.
SECTION 4. FRONT, REAR, SIDE AND CORNER LOT REGULATIONS.
Same as for R-1 Single Family Dwelling District.
SECTION 5. LOT COVERAGE.
Same as for R-1 Single Family Dwelling District.
- 22 -
SECTION 6. OFF-STREET PARKING REGULATIONS.
See Article XVII
SECTION 7. MINIMUM FIRST FLOOR AREA REQUIREMENTS.
See Article XVI
SECTION 8. OCCUPANCY.
See Article X Section 2.
- 23 -
ARTICLE IX
R-6 MULTIPLE FAMILY DWELLING DISTRICT
SECTION 1. USES PERMITTED.
Within any R-6 Multiple Family Dwelling District, no building,
structure, land or water shall be used except for one or more of
the following uses;
(1) Any use permitted in the R-2 District.
(2) Multiple family dwellings.
(3) Apartment Hotels.
(4) Boarding houses and lodging houses.
(5) Guest homes and tourist homes.
(6) Accessory buildings and uses customarily incident to
any of the above uses when located on the same lot but
not involving the conduct of a business.
(7) Private clubs and lodges, except such clubs and lodges
the chief activity of which is customarily carried on
as a business for gain.
(8) Medical, dental, architectural, legal and engineering
clinics or offices only.
(9) Prescription Pharmacy when a part of a clinic.
(10) Day nurseries.
(11) Nursing, convalescent homes.
(12) Hospitals, but no animal hospitals, mental or alcoholic
institutions.
SECTION 2. BUILDING HEIGHT REGULATIONS.
No building shall exceed forty-five (45) feet in height.
SECTION 3. BUILDING SITE AREA REGULATIONS.
The site area requirements in the R-6 Multiple Family
Dwelling District shall be:
/ _24_
1. For one family dwellings, same as for the R-1 Single
Family District.
2. For two family dwellings, same as for the R-2 One and
Two family dwelling districts.
3. For each dwelling unit in excess of two (2) added to
the structure on the first and second floor, additional
lot area shall be provided for each of such dwelling
units added based on the following:
(a) One thousand seven -hundred (1,700) additional
square feet for each one bedroom dwelling unit.
(b) Two thousand (2,000) additional square feet
for each two or more bedroom units.
4. For each dwelling unit added to the structure above the
second floor, one thousand (1,000) square feet of lot area
shall be provided for each of such dwelling units added.
5. For structure accommodating an excess of four (4) dwelling
units, the minimum width of lot or parcel of land shall be
eighty-five (85) feet.
SECTION 4. YARD REGULATIONS.
1. For one and two family dwellings, the front, rear and
side yards shall be the same as in the R-2 One and Two
Family Dwelling District.
2. For Multiple Family Dwellings, the following front, rear
and side yards shall be observed:
(a) A front yard of not less than twenty (20)
feet measured from the front lot line to the
front wall of the building.
(b) Side yards of at least ten (10) feet shall be
provided, however for a building more than thirty-
five (35) feet in height, one foot shall be added
to the yard for each story added.
(c) A rear yard of at least twenty (2) feet shall
be provided.
3. Corner Lots: Same as for the R-lA District.
- 25 -
SECTION 5. LOT COVERAGE.
Fifty (50) per cent of the lot area is the maximum which may
be covered by the principal and accessory buildings or structures
located thereon.
SECTION 6. OFF-STREET PARKING REGULATIONS.
See Article XVII
SECTION 7. MINIMUM FIRST FLOOR AREA REQUIREMENTS.
See Article XVI
SECTION 8. OCCUPANCY.
See Article X Section 2.
- 26 -
ARTICLE X
SECTION 1. OCCUPANCY R -IAA, R-lA, R-1, R-2 and R-3
DWELLING RESTRICTIONS.
In R-1AA, R-lA, R-1, R-2 and R-3 Dwelling Districts no building
or part thereof shall be occupied or used by a person or persons
of the negro race; provided, however, that this Article shall not
be interpreted to prohibit any of the following:
(1) Use or occupancy by a negro servant, chauffeur or
other employee when the employer resides in the same
building or in a building upon the same lot.
(2) Use or occupancy by any person, who, at the time of
taking effect of this ordinance, is the owner of the
used or occupied building or of the lot upon which such
building may be erected or who at said time shall have
contracted to purchase the same by a valid and enforce-
able contract of purchase, or by his successor in title
by will or descent.
(3) Use or occupancy by a member of the immediate family or
servant or lodger or boarder of lessee or tenant of any
person described in the above paragraph (2) at any or
all times during his concurrent ownership and residence
of, in or on the building or lot.
(4) Use or occupancy during the period of the tenancy or
lease, by a life tenant, lessee for a term of years or
other lessee of the used or occupied building or lot,
such tenant or lessee being of the negro race, or by
the successor in title of any such lessee by will or
descent, in cases in which the tenancy or lease was
created before the time of the taking effect of this
ordinance and is unexpired and in force and effective
at said time.
(5) Use or occupancy by a person described in the above
paragraph (4) during the period of an extension or
renewal of any such lease, in cases in which the right
of renewal or extension was created previous to and is
in force and effect at the time of the taking effect
of this ordinance.
(6) Use or occupancy by a member of the immediate family
or servant or lodger or boarder or lessee or tenant of
any person described in the above paragraph (4) at any
or all times at which both the tenancy or lease or re-
newal or extension described in the above paragraph (4)
- 27 -
and (5) shall be in full force and effect and said
person himself resides in or on the building or lot.
(7) Continuance after the taking effect of this ordinance
of the residential use or occupancy of a building by
persons of the negro race in any case in which such
is used or occupied for residential purpose by persons
of the negro race at the time of the taking effect of
this ordinance, or, if such building be vacant at said
time, then in any case in which the last such use or
occupancy previous to said time was by persons of the
negro race.
SECTION 2. R-4, R-5 AND R-6 DWELLING DISTRICTS
No building or part thereof shall be occupied or used by a
person or persons of the white race; provided, however, that this
section shall not be interpreted to prohibit any of the following:
(1) Use of occupancy by a white servant, chauffeur or other
employee when the employer resides in the same building
or in a building upon the same lot.
(2) Use or occupancy by any person who, at the time of the
taking effect of this ordinance, is the owner of the
used or occupied building or of the lot upon which such
building may be erected or who at said time shall have
contracted to purchase the same by a valid and enforce-
able contract of purchase, or by his successor in title
by will or descent.
(3) Use or occupancy by a member of the immediate family
or a servant, lodger, boarder, lessee or tenant of
any person described in the above paragraph (2) at
any or all times during his concurrent ownership and
residence in or on the building or lot.
(4) Use or occupancy during the period of the tenancy or
lease, by a life tenant lessee for a term of years or
other lessee of the used or occupied building or lot,
such tenant or lessee being of the white race, or by
the successor in title of any lessee by will or descent,
in cases in which the tenancy or lease was created
before the time of taking effect of this ordinance
and is unexpired and in force and effect at said time.
(5) Use or occupancy by a person described in the above
paragraph (4) during the period of an extension or
renewal of any such lease, in cases in which the
right of renewal or extension was created previous
to and is in force and effect at the time of the
taking effect of this ordinance.
(6) Use or occupancy by a member of the immediate family,
servant, lodger, boarder, lessee or tenant of any
person described in the above paragraph (4) at any
or all times at which both the tenancy or lease or
renewal or extension described in the above para-
graphs (4) and (5) shall be in full force and effect
and said person himself resides in or on the building
or lot.
(7) Continuance after the taking effect of this ordinance
of the residential use or occupancy of a building by
persons of the negro race in any case in which such
building is used or occupied for residential purpose
by persons of the negro race at the time of the taking
effect of this ordinance, or, if such building be
vacant at said time, then in any case in which the
last such use or occupancy previous to said time was
by persons of the negro race.
- 29 -
ARTICLE XI
C-1 NEIGHBORHOOD COMMERCIAL DISTRICT
SECTION 1. USES PERMITTED.
Within the C-1 Neighborhood Commercial District, no building,
structure, land or water shall be used except for one or more of
the following uses:
(1) Advertising signs relating only to the uses conducted
within the building or on the land.
(2) Art, antique and gift shop.
(3) Automobile salesrooms with incidental servicing
departments, with no outside storage.
(4) Bakery, the products of which are sold at retail on
the premises only.
(5) Banks.
(6) Bowling alleys.
(7) Beauty salons and barber shops.
(8) Book and stationery stores, newstands.
(9) Churches, schools except vocational schools.
(10) Day nurseries, kindergartens and other child-care
centers.
(11) Dry cleaning and laundry pick-up stations; laundro-
mats and self-service laundries.
(12) Dry goods, variety, sundry, drug stores.
(13) Florist shop, the products of which are displayed
and sold wholly within the structure.
(14) Grocery, fruit, vegetable, meat market, delicatessen.
(15) Hardware, bicycle, sporting goods, household and
electrical appliances and service and building materials
housed within an enclosure.
(16) Hospitals, but not animal hospitals; medical and
dental clinics; nursing and convalescent homes.
- 30 -
(17) Hotels and motels.
(18). Interior decorating, home furnishings, furniture stores.
(19) Jewelry, watch repair, china, luggage shop.
(20) Mortuary.
(21) Music conservatory, dancing schools and art studios.
(22) Music, radio, television sales and studios.
(23) Offices.
(24) Paint and wall paper stores.
(25) 'Photographic supplies, cameras, studios.
(26) Private clubs and lodges.
(27) Public utility sub -stations.
(28) Shops for men's, children's and ladies' apparel and
furnishings.
(29) Restaurants, drive-in restaurants, tea rooms.
(30) Retail upholstery shop.
(31) Shoe repair, hat cleaning, shoe shinning, dry cleaning.
(32) Structures for public uses such as community centers,
libraries and museums.
(33) Automobile service stations selling gasoline and
lubricants, primarily. Only minor repairs such as
tire patching but not recapping, will be permitted,
also battery recharging, car wash and polish, but no
body repairs, welding, painting or car rebuilding.
(34) Theatre but no drive-in.
(35) Any other retail business or retail service that in
the judgment of the Planning and Building Official are
consistent with those included above and further, that
will be in harmony with the spirit of the ordinance.
(36) No outdoor sales or display of merchandise or products
will be permitted in connection with any of the fore-
going uses; nor will the erection of billboards be
permitted in this district.
(37) Single and two-family residences.
SECTION 2. BUILDING HEIGHT REGULATIONS.
No building or structure shall exceed thirty-five (35) feet
in height except as otherwise provided.
SECTION 3. BUILDING SITE AREA REGULATIONS.
None.
SECTION 4. FRONT, REAR AND SIDE YARD REGULATIONS.
1. FRONT YARD: A yard or set back of at least 20 feet
shall be provided from the street right-of-way line
or a future right-of-way line, if same has been
established and accepted by the governing body having
jurisdiction.
2. REAR YARD: There shall be a rear yard of at least
twenty (20) feet.
3. SIDE YARD: None, except that when the side of a
lot in a C-1 District abuts upon the side of a lot
in a residential district, there shall be a side
yard of not less than ten (10) feet.
SECTION 5. OFF-STREET PARKING REGULATIONS.
See Article XVII
- 32 -
ARTICLE XII
C-2 GENERAL COMMERCIAL DISTRICT
SECTION 1. USES PERMITTED.
Within any C-2 General Commercial District no building, land
or water shall be used except for one or more of the following uses:
(1) Any use permitted in the C-1 Neighborhood Commercial
District.
(2) Advertising signs, panels and structures.
(3) Automobile laundry or quick wash.
(4) Business colleges, vocational schools, trade and
private schools operated as commercial enterprises.
(5) Office buildings, cooperative apartments, apartment
buildings, and multiple -family dwellings.
(6) Plumbing salesrooms and service within the building
and yard storage as an accessory use. Retail electric
and plumbing.
(7) Printing, book binding, lithography and publishing
establishments, blue printing, map making and photo -
stating.
(8) Public and commercial parking lots.
(9) Mechanical garage. A tire retreading and recapping
establishment having not more than four machines.
(10) Radio broadcasting and television stations, studios
and offices.
(11) Used car lot.
SECTION 2. BUILDING HEIGHT REGULATIONS.
No building or structure shall exceed one -hundred (100)
feet in height except as otherwise provided.
SECTION 3. BUILDING SITE AREA REGULATIONS.
None.
- 33 -
SECTION 4. FRONT, REAR AND SIDE YARD REGULATIONS.
1. FRONT YARD: None required.
2. REAR YARD: There shall be a rear yard of not less
than twenty (20) feet.
3. SIDE YARD: Same as C-1 District.
SECTION 5. OFF-STREET PARKING REGULATIONS.
See Article XVII
MUM
ARTICLE XIII
M-1 LIGHT INDUSTRIAL DISTRICT
SECTION 1. USES PERMITTED.
Within any M-1 Light Industrial District no building, structure,
land or water shall be used except for one or more of the following
uses:
(1) Any use permitted in the C-2 District.
No one, two or multiple family dwellings permitted.
(2) Aviation connected industries.
(3) Bakeries.
(4) Bottling works.
(5) Building material storage and sales including lumber
yards.
(6) Cold storage and frozen food lockers.
(7) Bus, cab, truck repair, storage and terminals for
their storage and repair.
(8) Carting, express hauling and storage yard.
(9) Contractors storage yard and necessary milling
operation for the contractors business.
(10) Drive-in theatre.
(11) Dying and laundry.
(12) Fruit juice processing and canning.
(13) Garment manufacture.
(14) Laboratories for testing materials, chemicals and
analysis.
(15) Industrial and agricultural machinery sales and
storage; machine shops.
(16) Manufacture and assembly of scientific, electrical,
optical and precision instruments or equipment.
-35 -
(17) Manufacture of novelties and souvenirs.
(18) Milk bottling and distribution plants, ice cream
manufacture.
(19) Packing houses for packing of fruit or vegetables.
(20) Storage and wholesale distribution warehouse.
(21) Trade shops including tin smith, cabinet maker, rug
and carpet cleaning, upholstering, mattress renovation,
electrical, roofing and plumbing shops, retail electrical
and plumbing.
(22) Veterinary hospital and kennels.
(23) Wholesale meat and produce distribution.
(24) Petroleum storage.
(25) Fertilizer storage.
(26) Ice manufacture.
(27) Steel storage and fabrication.
(28) Sheet metal shop.
(29) Mill and mill work manufacturing plant.
(30) Railroad shops.
(31) Concrete products, ready mix and transit mix plants.
SECTION 2. BUILDING HEIGHT REGULATIONS.
There shall be no height limitation except that all buildings
in excess of 45 feet shall receive the approval of the Board of
Adjustment.
SECTION 3. BUILDING SITE AREA REGULATIONS.
None.
- 36 -
SECTION fit•. FRONT, REAR AND SIDE YARD REGULATIONS.
1. FRONT YARD: There shall be a front yard of not
less than twenty (20) feet.
2. REAR YARD: There shall be a rear yard of not less
than fifteen (15) feet.
Where a railroad right-of-way abuts on any side,
said railroad right-of-way may constitute the
required yard area.
3. SIDE YARD: There shall be a side yard of not less
than ten (10) feet on each side.
SECTION 5. OFF-STREET PARKING REGULATIONS.
See Article XVII
- 37 -
ARTICLE XIV
NON -CONFORMING USES
The lawful use of any building or land existing at the time
of the enactment of this ordinance may be continued although such
use does not conform with the provisions of this ordinance, pro-
vided, however, the following conditions are met:
(1) UNSAFE STRUCTURES OR BUILDINGS: Any structure or portion
thereof declared unsafe by a proper authority may be
restored to a safe condition.
(2) ALTERATIONS: A building housing a non -conforming use
may not be reconstructed or structurally altered during
its life to an extent of more than 25% of the municipally
assessed value of the building, unless said building is
changed to a conforming use.
(3) EXTENSION: A building or land occupied by a non-
conforming use shall not be extended or enlarged, but
the extension of a lawful use to any portion of a non-
conforming building which existed prior to the enact-
ment of this ordinance shall not be deemed the extension
of such non -conforming use.
(4) CONSTRUCTION APPROVED PRIOR TO ORDINANCE: 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,
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 prosecuted within
three months of the date of such permit, and the ground
story framework of which, including the second tier of
beams, shall have been completed within six months of the
date of the permit, and the entire building shall be
completed according to such plans as filed within one
year from date of this ordinance.
(5) RESTORATION: No building or structure damaged by fire
or other causes more than fifty (50) per cent of its
municipally assessed value as determined by the Building
Official shall be repaired or rebuilt except in con-
formity with the provisions of this ordinance.
(6) ABANDONMENT: Whenever a non -conforming use, has been
vacated or abandoned for six (6) months, such use shall
not thereafter be re-established, and any further use
shall be in conformity with the provisions of this
ordinance.
(7) CHANGES: Once changed to a conforming use, no building
or land shall be permitted to revert to a non -conforming
use. A non -conforming use may be changed to a use of
the same or higher classification, and when so changed
to a higher classification, such use thereafter shall
not be changed to a lower classification.
(8) DISPLACEMENT: No non -conforming use shall be extended
to displace a conforming use.
(9) DISTRICT CHANGES: s"henever the boundaries of a district
shall be changed so as to transfer an area from one
district to another district of a different classifi-
cation, the foregoing provisions shall also apply to
any non -conforming uses existing therein.
- 39 -
ARTICLE XV
GENERAL PROVISIONS AND EXCEPTIONS
The foregoing regulations shall be subject to the following
general provisions and exceptions:
(a) SUBSTANDARD LOTS OF RECORD: When a lot or parcel of
hard land has an area or frontage which does not con-
form with the requirements of the districts in which
it is located, but was a lot of record in Seminole
County, Florida, at the effective date of this ordinance,
such lot or parcel of land may be used for a single
family dwelling in any residential district and in ad-
dition, in an R-2, One and Two Family Dwelling District
or less restricted residential district, such lot may
be used for a one family or two family dwelling, if it
has a width of at least fifty (50) feet; and provided
that the minimum yards, lot coverage limitation, and
off-street parking requirements are maintained. When
two or more adjoining and vacant lots with continuous
frontage are in a single ownership at the time of or
after the adoption of these regulations and such ad-
joining lots have a frontage or lot area less than that
required by the district in which they are located, such
lots shall be considered as one tract in order to create
one or more lots which conform to the minimum frontage
and area requirements of the district, except, that
where such single lots have individual frontage of 50°
or more this provision shall not apply. When two or
more adjoining and vacant lots with continuous frontage
are in a single ownership at the time of or after the
adoption of these regulations and are substandard in
land area and lot frontage, such lots shall be considered
as one tract for future ownership, as indicated in the
provisions above.
(b) MEASUREMENT OF SET BACKS:
(1) Set backs shall be measured on a perpendicular
to the property line to the nearest support for
the roof of the structure.
(2) On irregular lots the side set backs shall be
measured from the front building line when the
lot frontage is narrower than the rear of the
lot and from the rear building line when the rear
of the lot is narrower than the front of the lot.
HEM
(3) The building line shall be determined from the
extreme support of the roof of the principal
building or appurtenance thereto. Roof pro-
jections (eaves) shall not exceed 36 inches
into minimum yards.
(c) AUTOMOBILE SERVICE STATION REQUIREMENTS:
(1) All pumps shall be set back at least 15 feet
from the right-of-way line, or where -a future
widening set back line has been established,
this setback shall be measured from such line.
(2) The number of driveways for an establishment
shall not exceed two for each 100 feet of street
frontage, each having a width of not more than
50 feet and located not closer than 10 feet to
the street intersection. Two or more driveways
on the same street shall be separated by a traffic
island of no less than 10 feet.
(d) LOCATION OF ACCESSORY BUILDINGS AND USES IN RESIDENTIAL
AREAS:
(1) When an accessory building is attached to a main
structure by a breezeway, passage or otherwise,
it shall comply with the set back or yard re-
quirements of the main building.
(2) A detached accessory building, also a garage
apartment, shall not be closer than 6 feet to
any other building on the same lot. Accessory
buildings shall not be closer than three (3)
feet to side and rear lot lines; however, garage
apartments or accessory buildings with dwelling
accommodations shall not be closer to side or
rear lot lines than seven and one-half feet (72')
when lot line separates two lots.
(3) No detached accessory building shall be located
on the front half of the lot.
(4) The sum of the areas of all accessory buildings
or structures shall not exceed thirty-five (35)
per cent of the rear yard area.
- 41 -
(e) YARDS:
(1) Every part of a required yard shall be open
from its lowest point to the sky, unobstructed,
except for the ordinary projection of sills,
belt courses, cornices, buttreses, ornamental
features, and chimneys.
(2) Where an alley exists at the rear of a lot,
one-half of the width of said alley may be
computed as a part of the rear yard depth
requirements.
(3) Where an alley exists at the side of a lot,
that side yard requirement may be reduced to
five (5) feet.
(f) HEIGHT:
Chimneys, water, fire, radio and television towers,
church spires, domes, cupolas, stage towers and
scenery lofts, cooling towers, elevator bulkheads,
smoke stacks, flagpoles, parapet walls and similar
structures and their necessary mechanical appurtenances
may be located above the height limits herein established;
however the heights of these structures or appurtenances
thereto shall not exceed the height limitations set
forth by an airport zoning.
(g) FENCES AND WALLS:
(1) In all residential districts, no sight -proof
fence or wall structure shall be built or maintained
above the height of thirty (30) inches from average
ground level, in the area between building front set
back lines and street right-of-way lines.
(2) In all residential districts all fences or wall
structures on or within 5 feet of common property
lines shall not exceed six (6) feet above average
ground level.
(3) When a lot in the C-1 Neighborhood Commercial
District is occupied by a permitted use other
than one or two family dwellings, and abuts a
lot in a residential district, it shall be separated
therefrom by a wall or fence not less than five (5)
feet nor more than six (6) feet above average ground
level and shall be so designed as to be both sight
and light proof and shall not project closer to the
- 4.2 -
street right-of-way line than 20 feet (the
word "abuts" is construed to mean a "common
property line").
(h) HOME OCCUPATIONS:
(1) Uses permitted include services of a seamstress,
milliner, music teacher or other teachers pro-
viding individual counsel or instruction, tax
consultant, typist, and others of a like nature
approved by the Board of Adjustment. Home oc-
cupations shall include the use of a premises
by a physician, surgeon, dentist, lawyer or
clergyman, or other professional or business
person for consultation or emergency treatment,
but not for the general practice of the business
or profession. Uses specifically excluded are
barber shops, beauty salons, tearooms, food
processing, restaurants, sale of antiques,
commercial kennels, real estate offices, or
insurance offices. All other uses not in-
cluded above, but not specifically excluded,
shall be approved by the Board of Adjustment.
Such approval shall constitute a general ap-
proval of such use which thereafter may be
permitted upon application to the Building
Official.
(2) All home offupcations are subject to the following
conditions:
No person shall be employed other than two
members of the immediate family.
All sales of home occupation work for products
shall be conducted within the dwelling, and
sales shall be limited to such commodities
produced on the premises.
There shall be no out-of-door display of
merchandise or products, nor shall there
be any indoor display visible from the out-
doors.
No mechanical equipment, except such that
is normally used for purely domestic or
household purposes, shall be used or stored
on the premises in connection with the home
occupation which creates a disturbance such
as noise, dust, odor, or electrical disturbance.
- 43 -
Not over twenty-five (25) per cent of the
floor area of any one story shall be used
for the home occupation purposes.
No sign shall be used other than one non -
illuminated name plate attached to the
building entrance, which plate shall not
exceed one square foot in area.
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ARTICLE XVI
FIRST FLOOR REQUIREMENTS FOR
ALL RESIDENTIAL FAMILY BUILDINGS
All dwellings in residential districts shall have a "living
areal at the first floor line of not less than those specified
in the chart below. The "living area'' shall be construed to
include living rooms, bedrooms, Florida rooms, baths, closets,
kitchens, etc., but shall not include carports, garages, screened
porches, patios and unroofed and unenclosed areas. Living areas
may also include not more than 100 square feet of utility rooms
provided they are accessable directly from the living area.
1 story dwelling
12 story dwelling
2 or more story dwelling
Minimum first floor areas in sq. feet
R -LAA R-lA R-1 & R-2 & R-3
1,300 1,000 600
1,100 800 600
1,000 700 600
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ARTICLE XVII
OFF-STREET PARKING AND LOADING REGULATIONS
SECTION 1. OFF-STREET PARKING REQUIRED.
There shall be provided at the time of the erection of any
principal building or structure, or at the time any principal
building or structure is enlarged or increased in capacity in
any way that would affect the units of measurement outlined here-
in, minimum off-street parking space with adequate means for
ingress and egress by an automobile of standard size, as required
herein.
SECTION 2. PARKING SPACES.
Whenever the term "parking space" is referred to, it shall
be either a garage or other structure or off-street storage space
on the ground for the parking of passenger automobiles. Such
space shall have an area of not less than two hundred (200) square
feet and of appropriate dimensions, for each automobile intended
to be parked exclusive of the necessary space for approach, turning
and exit to any public street, alley or way. A "parking lot" shall
mean any land used or permitted to be used for the parking of auto-
mobiles.
- 46 -
(a) OFF-STREET PARKING REQUIREMENTS
Number Spaces
(1) Dwellings:
(a) Single Family & duplex 2
(b) Apartments & Apt. hotel 12
(c) Rooming & Boarding houses 1
(2) Hotels, exclusive of requirements
for restaurants and assembly rooms 1
(3) Motels and tourist guest homes
exclusive of requirements for
restaurants and assembly rooms 1
(4) Hospital and sanitariums
Per
Dwelling unit
Dwelling unit
Guest room
2 Sleeping units
Sleeping unit
2 3 Beds
(5) Nursing or convalescent homes,
orphanages, welfare institutions,
such as asylums and homes for
the aged 1
(6) Theatre or auditorium, in-
cluding gymnasiums, school
auditoriums, convention halls,
sports arena, stadiums, and
similar uses 1
5 Beds
4 Seats - where
seats are not provided
each twenty (20) inches
or other similar seating
shall be considered as
one seat for the purpose
of determining require-
ments hereunder. Where
no seating is provided,
there shall be one park-
ing space for every
sixty (60) sq. feet of
floor area.
(7) Church, mortuary 1 4 Seats in main assembly
hall. Where individual
seats are not provided,
each twenty (20) inches
of benches or other
similar seating shall be
considered as one seat
for the purpose of de-
termining requirements
- 47 - hereunder.
Number Spaces Per
(8) Restaurants, bars, and
night clubs, tearooms or
the like 1 3 Seats
(9) Stores, offices, and personal
service establishments; except
as in sub -paragraph (10) below 1 250 square feet of
gross floor area
(10) Supermarkets and shopping
centers 1 150 square feet of
gross floor area
(11) Public buildings, library,
(16) Any and all uses or structures not specifically provided for
in the foregoing schedule, such parking space as the Zoning
and Planning Commission shall determine to be necessary and
consistent with the above, considering all the parking -
generating factors involved in the particular case.
(b) EXCEPTION: The area known as the Central Business District
and more particularly described as being within the boundaries
formed by Sanford Avenue, Third Street, Park Avenue and Seminole
Boulevard including parcels abutting on both sides of the
streets, shall be exempt from furnishing parking spaces as
required herein.
- 48 -
community center and post
office
1
250 square feet of
gross floor area
(12)
Medical & dental clinic
6
Doctor or dentist, but
not less than 1 space
per 200 sq. feet of
gross floor area
(13)
Manufacturing, industrial
and warehouse uses
1
3 employees on largest
work shift but not
figured less than 1
space per 200 sq. feet
of floor area exclusive
of storage areas
(14)
Bowling Alleys
3
alley
(15)
Private Clubs or Lodges
1
3 seats in lodge or
club assembly room
(16) Any and all uses or structures not specifically provided for
in the foregoing schedule, such parking space as the Zoning
and Planning Commission shall determine to be necessary and
consistent with the above, considering all the parking -
generating factors involved in the particular case.
(b) EXCEPTION: The area known as the Central Business District
and more particularly described as being within the boundaries
formed by Sanford Avenue, Third Street, Park Avenue and Seminole
Boulevard including parcels abutting on both sides of the
streets, shall be exempt from furnishing parking spaces as
required herein.
- 48 -
(c) Whenever, after the effective date of this section there
is a change in the number of employees or business visitors
or in the lawful use of the premises or in any other unit
of measurement specified in any of the foregoing paragraphs
and whenever such change creates a need for an increase or
decrease of more than fifteen per cent of the number of
off-street automobile parking spaces as determined by the
requirements of this section, more or less off-street parking
facilities shall be provided within a reasonable time on the
basis of the adjusted needs, as determined by this section.
In case of unusual hardship arising out of the requirements
of this paragraph, recourse may be had to the Board of Ad-
justment, in the manner provided by law.
(d) In the case of mixed uses, the parking facilities required
shall be the sum of the requirements for the various in-
dividual uses, computed separately in accordance with this
section; parking facilities for one use shall not be con-
sidered as providing the required parking facilities for
any other use. Parking facilities required hereunder shall
not be made available for use by motorists - parkers other
than those for whom such facilities are reserved pursuant
to this ordinance.
SECTION 3. LOCATION OF PARKING FACILITIES.
Special purpose off-street automobile parking facilities, to
the extent required in Section 4. of this section, may be provided
either on the same lot or premises with the parking generator or
on any lot or premises a substantial portion of which, at least,
is within 800 feet of such parking generator.
SECTION 4. COOPERATIVE ESTABLISHMENT AND OPERATION OF
PARKING FACILITIES.
Requirements for the provision of parking facilities, pursuant
to Off -Street Parking Regulations, with respect to two or more
property uses of the same or different types, may be satisfied by
the permanent allocation of the requisite number of spaces for
each use in a common parking facility, cooperatively established
and operated; provided, that the total number of spaces designated
is not less than the sum of the individual requirements; provided
further, that the specifications of the section on Location of
Parking Facilities with respect to location are complied with.
- 49 -
In order to eliminate a multiplicity of entrances and exits,
and diminish traffic hazards, to conserve space where space is
at a premium, and to promote orderly development generally, the
Zoning and Planning Commission is hereby authorized to plan and
group parking facilities cooperatively for a number of parking
generators in a given area, and especially in the central business
district, in such a manner as to obtain a maximum of efficiency
and capacity in parking and traffic movement.
SECTION 5. DESIGN STANDARDS.
All off-street automobile parking facilities shall be de-
signed with appropriate means of vehicular access to a street
or alley as well as maneuvering areas. All parking for other
than residences shall be suitably graded and surfaced as approved
by the City Engineer.
SECTION 6. MAINTENANCE AND OPERATION
The parking facilities required pursuant to the section on
Off -Street Parking Regulations shall be provided and maintained
so long as the use exists which the facilities are designed to
serve. Off-street automobile parking facilities shall not be
reduced in total extent, after their provision hereunder except
under the approval by the Board of Zoning Adjustment and then
only after proof that the parking spaces provided are no longer
needed by reason of a change in use of the premises to which the
parking facilities are adjunct, pursuant to the schedule of re-
quirements contained in the Section on Off -Street Parking.
Reasonable precautions must be taken by the owners or sponsors
of particular uses to assure the use of the parking facilities
only by the employees or the social or business visitors of the
premises for which the facilities are provided. The parking
facilities must be so designed and maintained as not to constitute
a nuisance at any time, and must not be used in such a manner as
to constitute a hazard or unreasonable impediment to traffic.
SECTION 7. ACCESSORY PARKING IN RESIDENTIAL DISTRICTS.
A parcel of land in a residential district may be used to
satisfy all or any part of the off-street parking requirements
for a permitted use in a .commercial district after approval of
the Planning Board and by complying with all of the following
provisions:
1. The parcel of land in the residential district shall abut
or be separated from the parcel of land in the commercial
district by an alley or public way of not more than 15 feet
in width.
- 50 -
2. The parcel of land in the residential district shall
be contained within boundaries formed by the extension
in a straight line of the boundaries in the commercial
district.
3. The parcel of land in the residential district shall be
under the same ownership as the parcel of land it serves
in the commercial district.
4. The parcel of land in the residential district shall
be enclosed by a wall, fence, or dense vegetative hedge
any of which shall be both sight and light proof and
shall be a minimum height of five (5) feet and a maximum
height of six and one-half (62) feet. Such wall, fence,
or hedge shall not be closer to the property lines than
the building set back lines on the sides and street fronts
required in that residential zone but the wall, fence,
or hedge shall completely enclose the parcel of land in
the residential district except for driveway openings and
the side adjacent to the commercial district.
5. The area of the parcel of land between the wall, fence,
or hedge and the property line shall be suitably land-
scaped and maintained in a condition equally as good as
the landscaping on the adjacent residential property.
6. Lighting of the parking area shall be in such a manner
that a minimum of light shall fall upon adjoining resi-
dential property and there shall be no direct lighting
glare into abutting residences.
7. The use of the parcel of land in the residential district
is restricted to off-street parking purposes only and all
other uses, including signs, is hereby prohibited.
8. Each and all portions of the foregoing provisions is
subject to review and approval by the Planning Board.
SECTION 8. OFF-STREET LOADING AND UNLOADING REQUIREMENTS.
On the same lot or parcel of land with every building, structure
or part thereof, erected and occupied for manufacturing, storage
warehouse, food processing or wholesale distribution, goods dis-
play, department store, wholesale store, market, hotel, hospital,
mortuary, laundry, dry cleaning, or other uses in similar establish-
ments involving the receipt or distribution by vehicles of materials
or merchandise, there shall be provided and maintained on the same
- 51 -
lot as the building, adequate space for the standing, loading
and unloading services in order to avoid undue interference
with public use of the streets or alleys.
Such space shall be a minimum cf fourteen (14) feet wide
and thirty-five (35) feet long with a height clearance of four-
teen (14) feet for every twenty thousand (20,000) square feet
or fraction thereof in excess of three thousand (3,000) square
feet of building floor area or land area used for the above
mentioned purposes.
- 52 -
(a)
(b)
(c)
ARTICLE XVIII
SIGN REGULATIONS
Definitions
For the purpose of this ordinance, certain words
and terms are hereby defined:
(1) Sign: A sign shall mean and include every
sign, billboard, ground sign, roof sign, wall
sign, illuminated sign, projecting sign, temporary
sign, and shall include any announcement, decla-
ration, demonstration, display illustration or
insignia used to advertise or promote the in-
terests of any person when the same is placed
out-of-doors in view of the general public and
also outdoors advertising displays, all as defined
by the Southern Standard Building Code.
(2) Illuminated Sign: Any sign which has characters,
letters, figures, designs or outlines illuminated
by electric lights, gas lights, or luminous tubes
as a part of the sign proper.
(3) Person: Any person, firm partnership, association,
corporation, company or organization of any kind.
(4) Erect: To build, construct, attach, hand, place,
suspend or affix, and shall also include the
painting of wall signs.
Signs Prohibited in Residential Areas
No sign of any character shall be erected in any R-1AA,
R-lA, R-1, R-2, R-3, R-4, R-5 or R-6 Residential Dwelling
District, except such signs as are exempt from the pro-
visions of this ordinance as hereinafter provided.
Ground Signs•
Ground signs shall be permitted, used or erected only
upon complying with the following requirements:
(1) Corner Lots: In all zoning districts all ground
signs erected within 100 feet of the nearest curb
line of the nearest street intersection, and with
the lower edge of the face less than 9 feet above
the average ground level, shall be set back from
- 53 -
all property lines a distance equal to the
overall height of the sign plus 5 feet.
Ground signs with the lower edge of the face
9 feet or more above the average ground level
and maintaining clear vision below the lower
edge of the face except for necessary supports
and braces (as determined by the Building Official)
may be located on private property as desired by
the owner. No ground sign exceeding 10 square
feet shall be erected on the same side of the
street within the same block, within one hundred
(100) feet of the nearest property line of any
public park; municipal, county or state public
building; religous institutions; or any public
or parochial school.
(2) Maximum face area of a ground sign shall be one
hundred (100) square feet per face and maximum
of one double face sign per establishment; a
greater number or larger sign shall be subject to
the approval of the Planning and Zoning Board.
(d) Roof Signs
Roof signs shall be permitted, used or erected only
upon complying with the following requirements:
(1) No roof sign shall be erected in any R-lAA, R -1A,
R-151 R-2, R-3, R-4, R-5 or R-6 Residential Dwelling
Districts.
(2) In any C-1 Commercial District only such roof
signs, not exceeding 100 square feet, as related
to the business conducted on the premises or in
the building on which such roof sign is located
shall be erected.
(e) [Tall Signs
I -Tall signs shall be permitted., used or erected only
upon complying with the following requirements:
(1) No wall signs shall be permitted in any R-1AA,
R -1A, R-1, R-2, R-3, R-4, R-5 or R-6 Residential
Dwelling District.
- 54 -
(2) In any C-1 Commercial District only such wall
signs, not exceeding 100 square feet, as related
to the business conducted on the premises or in
the building on which such roof sign is located
shall be erected.
(f) Exceptions
The provisions and regulations of this Section shall
not apply to the following signs:
(1) Offices and business permitted in the R-3 and
R-6 Multiple Family Dwelling District may only
have name plates not exceeding 2 square feet
in area and not illuminated, in zoning districts
where such profession is permitted to do business.
Not more than two (2) such signs shall be located
on any one office.
(2) Real Estate signs not exceeding 4• square feet
in area which advertise the sale, rental or lease
of the premises upon which said signs are located
only, when not illuminated, in any Residential
Dwelling District.
(3) Signs, not over 100 square feet in area, denoting
the owner, architect, general contractor, the
names of the sub -contractors and any statement
pertaining to the building or project under con-
struction upon lots or parcels of land where a
building or project on said lot or parcel of land
may be erected on the street side of the property,
but shall be a temporary sign only and be removed
when the building has been completed.
(4) Memorial signs or tablets, name of buildings and
the date of erection when cut into any masonry
surface or when constructed of bronze or other
incombustible material.
(5) Apartments, apartment hotels or other residential
uses permitted in the R-3 or R-6 Multiple Family
Dwelling Districts may have one illuminated ground
sign or wall sign, provided it is not more than
six (6) square feet in size indicating facilities
available on the immediate premises or structure
upon which such sign is located. Where an apart-
ment structure is located on more than one street,
one sign may be displayed on each such street.
- 55 -
(6) Municipal or State installed directional signs,
historical markers, and other signs of a general
public interest, signs relating to national defense
and security and other emergency signs, and orna-
mental signs of a permanent character displaying
only the name of a commonly known and accepted
name of a section of the City deemed by the
City Commission to be of a general public in-
terest, may be erected in any zoning district.
(7) In One and Two Family Residence or Multiple Family
Dwelling Districts, numerals used to designate
street numbers, names on mail boxes, name plates
of ornamental design designating the name of the
occupants of the property, or signs marking a
service entrance, or private directional signs,
providing the letters of figures are not more
than four (4) inches in height, are hereby per-
mitted.
(8) A sign or bulletin board not exceeding 24 square
feet in face area may be erected on the premises
of a church or other permitted institutions for
the purpose of displaying the name and activities
or services therein provided. No illuminated
signs shall be permitted unless such sign and its
illuminating device are located entirely within
3 feet of the wall of said building or structure.
- 56 -
ARTICLE XIX
BOARD OF ZONING ADJUSTMENT
SECTION 1. AUTHORITY
The organization and procedures under which the Board
operates, its arrangement of meetings, adoption of rules and
its method of handling appeals, variances or any other related
matters shall be in conformity with the provisions of Chapter 176,
Florida Statutes of 1941 and any amendments thereto.
SECTION 2. ESTABLISHMENT OF BOARD OF ZONING ADJUSTMENT
AND MEMBERSHIP
A Baard of Zoning Adjustment is hereby established, which
shall consist of five (5) members, to be appointed for a term of
three (3) years.
SECTION 3. APPEALS TO THE BOARD OF ZONING ADJUSTMENT
(a) Appeals to the Board of Zoning Adjustment may be taken
by any person aggrieved or by any officer or bureau of
the governing body affected by any decision of the ad-
ministrative officer. In accordance with rules adopted
by the Board, such appeal shall be taken within a reason-
able time by filing a notice of appeals specifying the
grounds thereof. The officer from whom the appeal is
taken shall forthwith transmit to the Board all papers
constituting the record upon which the action appealed
from was taken.
(b) An appeal stays all proceedings in furtherance of the
action appealed from, unless the officer, department,
or Board from whom the appeal is taken certifies to
the Board of Zoning Adjustment after the notice of
appeal shall have been filed with him, that by reason
of facts stated in the certificate a stay would, in
his opinion, cause imminent peril to life and property.
In such case proceedings shall not be stayed otherwise
than by a restraining order which may be granted by
the Board of Zoning Adjustment or by a Court of Record
on application on notice to the officer from whom the
appeal is taken and on due cause shown.
- 57 -
SECTION 4 . POWERS
The Board shall have the following powers:
(a) To hear and decide appeals where it is alleged there
is error in any order, requirement, decision or
determination made by the administrative official
in the enforcement of this ordinance.
(b) To hear and decide special exceptions to the terms
of the ordinance upon which such board is required
to pass under this ordinance.
(c) To authorize upon appeal in specific cases such
variance from this ordinance as will not be contrary
to the public interest where, owing to special con-
ditions, a literal enforcement of the provisions of
the ordinance will result in unnecessary hardship and
so that the spirit of the ordinance shall be observed
and substantial justice done.
SECTION 5. DUTIES AND PROCEDURES
(a) In exercising the above mentioned powers, the Board
by the concurring vote of four members may reverse
or affirm, wholly or partly, or may modify the order,
requirement, decision or determination appealed from
and may make such order, requirement, decision or
determination as ought to be made, and to that end
shall have all the powers of the official from whom
the appeal is taken.
(b) The Board of Adjustment shall fix a reasonable time
for the hearing of appeals or other matters referred
to it, give public notice thereof as well as due notice
to the parties in interest, and decide the same within
a reasonable time. At the hearing any party may appear
in person or be represented by agent or attorney.
(c) In considering all proposed variations to this ordinance
the Board shall, before making any finding in a specific
case, first determine that the proposed variation will
not constitute any change in the Districts shown on
the Zoning Map and will not impair an adequate supply
of light and air to adjacent property, or materially
increase the congestion in public streets, or increase
the public danger of fire and safety, or materially
diminish or impair established property values within
the surrounding area, or in any other respect impair
the public safety, morals and general welfare of the
city. - 58 -
(d) The Board shall adopt rules in accordance with the
general provisions of this ordinance. Meetings of
the Board shall be held at the call of the chairman
and at such times as the board may determine. Such
chairman, or in his absence the acting chairman, may
administer oaths and compel the attendance of witnesses.
All meetings shall be open to the public. The Board
shall keep minutes of its proceedings, showing the
vote of each member upon each question, or, if absent
or failing to vote, indicating such fact, and shall
keep records of its examinations and other official
actions, all of which shall be immediately filed in
the office of the Board and shall be a public record.
SECTION 6. APPEALS FROM THE BOARD OF ZONING ADJUSTMENT
Any person or persons, jointly or severally, aggrieved by
any decision of the Board, or any taxpayer, or any officer, depart-
ment of the City Commission may present to a court of record a
petition, duly verified, setting forth that such decision is illegal,
in whole or in part, specifying the grounds of the illegality.
Such petition shall be presented to the court within thirty (30)
days after the filing of the decision to the office of the Board,
otherwise the decision of the Board will be final.
- 59 -
ARTICLE XX
CERTIFICATES OF OCCUPANCY
SECTION 1. GENERALLY
No vacant land shall be occupied or used, except for agri-
cultural, grove, pasture or aviation purposes, and no building here-
after erected or structurally altered shall be occupied or used until
a certificate of occupancy shall have been issued by the Building
Inspector.
SECTION 2. CERTIFICATE OF OCCUPANCY FOR A BUILDING
A certificate of occupancy for a new building, or for the
alteration of an existing building, shall be applied for coincident
with the application for a building permit and said certificate shall
be issued within three days after the request for same shall have been
made in writing to the Building Inspector after the erection or alteration
of such building or part thereof shall have been completed in conformity
with the provisions of these regulations. Pending the issuance of a
regular certificate a temporary certificate of occupancy may be issued
by the Building Inspector for a period of not exceeding six months,
during the completion of alterations or during the partial occupancy
of a building pending its completion. Such temporary certificate
shall not be construed as in any way altering the respective rights,
duties or obligations of the owners or of the city relating to the
use or occupancy of the premises or any other matter covered by
this ordinance, and such temporary certificate shall not be issued,
except under such restrictions and provisions as will adequately
insure the safety of the occupants.
SECTION 3. CERTIFICATE OF OCCUPANCY FOR LAND
A certificate of occupancy for the use of vacant land, or the
change in the character of the use of land, as herein provided, shall
be applied for before any such land shall be occupied or used and a
certificate of occupancy shall be issued within three days after the
application has been made; provided, that such use is in conformity
with the provisions of these regulations.
The record of all certificates shall be kept on file in the
office of the Building Inspector and copies shall be furnished, on
request, to any person having a proprietary or tenancy interest in
the building affected. No fee shall be charged for a certificate
of occupancy.
No permit for excavation for any building shall be issued
before application has been made for a certificate of occupancy.
A certificate of occupancy shall be required of all non-
conforming uses. Application for such certificates of occupancy
shall be filed with the Building Inspector within twelve months
from the effective date of this ordinance.
- 61 -
ARTICLE XXI
PLOT PLANS
Each application for a building permit shall be ac-
companied by a Plot Plan in duplicate showing the actual
dimensions of the lot to be built upon, the size, shape and
location of the building to be erected and such other information
as may be necessary to provide for the enforcement of this ordinance.
A record of such applications and plats shall be kept in the office
of the Building Inspector. Where application is made to enlarge
an existing non -conforming use, the application shall be accompanied
by an affidavit giving the description of the premises owned at
the date of the passage of this ordinance.
- 62 -
ARTICLE XXII
INTERPRETATION, PURPOSE AND CONFLICT
In interpreting and applying the provisions of this ordinance
they shall be held to be the minimum requirements for the promotion
of the public health, safety, morals and general welfare of the
community. It is not intended by this ordinance to interfere with
or abrogate or annul any easements, covenants, or other agreements
between parties; provided, however, that where this ordinance im-
poses a greater restriction upon the use of buildings or premises
or upon the height of buildings, or requires larger open spaces
than are imposed or required by other ordinances, rules, regu-
lations or by easements, covenants, or agreements, the provisions
of this ordinance shall control; and provided further that this
ordinance shall not be construed as superceding any Special Act
of the Legislature relative to the subject matter of this ordinance.
If because of error or omission in the Zoning Map, any property
in the City is not shown as being in a zoning district, the classi-
fication of such property shall be R-lA Single Family, unless
changed by amendment to the Zoning Ordinance.
- 63 -
ARTICLE XXIII
CHANGES AND AMENDMENTS
The City Commission may from time to time amend, supplement,
change or repeal the regulations, restrictions or district boundaries
as set out in this ordinance after public hearing as provided in
Chapter 176.06 of Florida Statutes of 1941 and any amendments there-
to.
-64.-
ARTICLE XXIV
ENFORCEMENT, VIOLATIONS, AND PENALTIES
(a) The Building Inspector is hereby designated and
authorized to enforce this ordinance.
(b) Any person, firm or corporation who violates, dis-
obeys, omits, neglects or refuses to comply with or
who resists the enforcement of any of the provisions
of this ordinance shall be fined not less than five
dollars nor more than fifty dollars, or shall be im-
prisoned in the city jail, for not more than thirty
days, or both, in the discretion of the court. Each
day that a violation is permitted to exist shall
constitute a separate offense.
- 65 -
ARTICLE XXV
VAT.TT)TTV
Should any section, clause or provision of this ordinance
be declared by the court to be invalid, the same shall not affect
the validity of the ordinance as a whole or any part thereof,
other than the part so declared to be invalid.
EFFECTIVE DATE
This ordinance shall become effective immediately upon
its passage and adoption.
PASSED AND ADOPTED by the City Commission of the City of
Sanford, Florida, this the 26th day of February, A.D. 1962
Attest:
y Clerk
7
M or
As the City Commission of th
City of Sanford, Florida
CER T IFI C . T E
I, H. N. Tanen, Jr., City Clerk
hereby certify that a true and
No. 771, Pl':SSED and ADOPTED by
Sanford, Florida, on the 26th.
front door of the City Hall in
7th. day of March, 1962.
of the City of Sanford, Florida, do
correct copy of the foregoing Ordinance
the City Commission of the City of
day of February ti^1as POSTED at the
the City of Sanford, Floiida, on the
ARTICLE XXV
VALIDITY
Should any section, clause or provision of this ordinance
be declared by the court to be invalid, the same shall not affect
the validity of the ordinance as a whole or any part thereof,
other than the part so declared to be invalid.
EFFECTIVE DATE
This ordinance shall become effective immediately upon
its passage and adoption.
PASSED AND ADOPTED by the City Commission of the City
of Sanford, Florida, this the 26th day of February, A.D. 1962.
Attest:
S/ H. N. Tamm, Jr.
City Clerk
s/ J. H. Crapps
Mayor
s/ A. L. Wilson
s/ Earl Higginbotham
s/ J. B. Baker
s/ Thomas S. McDonald
As the City Commission of the
City of Sanford, Florida
G14r #attfarb 'firralb
!In Independent Newspaper
SANFORD. SM11NOLE COUNTY, FLORIDA
STATE OF FLORIDA
COUNTY OF SEMINOLE
Before the undersigned authority personally appeared -------------------------------------
-----------
Gdslow---------------------------------------- who on oath says that he is
___-____----___— ------ of the SANFORD HERALD, a Newspaper Pub-
lished at Sanford, in Seminole County, Florida; that the attached copy of advertisement,
beinga ----------- Legal Notic----------------------------e --------------- -------------- ------- --------------- -------------- >.n the matter of
-Notice of _Public Hearing ....................
---------------------------------------------------------------------------------------------in the --------- CircultCourt,
was published in said newspaper in the issues of__ November _-2-2.-196-1
Affiant further says that the said SANFORD HERALD is a newspaper published at
Sanford, in said Seminole County, Florida, and that the said newspaper has heretofore been
continuously published in said Seminole County, Florida, and has been entered as second
class mail matter at the post office in Sanford, in said Seminole County, Florida, for a period
of one year next preceding the first publication of the attached copy of advertisement; and
affiant further says that he has neither paid nor promised any person, firm or corporation any
discount, rebate, commission or refund for the purpose of securing this advertisement for
publication in the said newspaper.
Sworn to and subscribed before me this
-------------------------22nd-------------------day of
ED. ve-mb ex A. D. 1961-
------ -------------------- —
9R1L) NOTARY PTIBLIO
v Public, State of Florida at Large
nmissioa Expires Aug. 9, 1965 CELERY CITY PRINTING CO.,-SANFORD-2M-4.60
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nmissioa Expires Aug. 9, 1965 CELERY CITY PRINTING CO.,-SANFORD-2M-4.60
By American Fire $ Casually Co, LJ• -.
Tor 6�attfvrb Npralb
fin Independent Newspaper
SANFORD. SEMINOLE COUNTY, FLORIDA
STATE OF FLORIDA
COUNTY OF SEMINOLE
Before the undersigned authority personally appeared -----------------------------._
Walter A. GielOw -------------------------who on oath says that he is
Publisher
the SANFORD HERALD, a Newspaper Pub-
lished at Sanford, in Seminole County, Florida; that the attached copy of advertisement,
being a---------------------- — NOt is e -- --- —------ ------------------------------in the matter of
- --------------------------------------
Public Hearing
--------------------------------------------------------------------------------------------------in the ---------------------------Court,
was published in said newspaper in the issues ofDeeember 6 1961
---- ------------------------------------
Affiant further says that the said SANFORD HERALD is it newspaper published at
Sanford, in said Seminole County, Florida, and that the said newspaper has heretofore been
continuously published in said Seminole County, Florida, and has been entered as second
class mail matter at the post office in Sanford, in said Seminole County, Florida, for a period
of one year next .preceding the first publication of the attached copy of advertisement; and
affiant further says that he has neither paid nor promised any person, firm or corporation any
discount, rebate, commission or refund for the purpose of securing this advertisement for
publication in the said newspaper.
Sworn to and subscribed before me this
---------------------- 6th ------------------------ day of
Decembeer A. D. 19__61
- ---- --- ----- --- --- h
r''AL) NOTARY PTJBLIO
ry Publiic, State of Florida at Large
llty Commission Expires Aug. 9, 1965
Bonded By American Fire & Casually CO,
W, . 00, Mr, �0.,-!l R"M Vv�,
Legal Notice
NOTICE OF PUBLIC HEARING ON
PROPOSED ZONING ORDINANCE.
FOR TILE CITY 011? SANFORD,
h`LORIDA.
Notice is hereby given that a
public hearing will be held at the
City Commissioners Room at the
City Hall in the City of Sanford,
Florida, at 8:00 o'clock P. M. on
the 21st. day of December, 1961,
to consider a proposed zoning
ordinance for the City of Sanford,
Florida, and the regulations, re-
strictions . and boundaries ' therein
contained. All parties in interest
and citizens shall have an op-
portunity to be heard at said meet-
ing.
By ` order of the Zoning and
Planning Commission of the City
of 6anford, Florida, this lith. day
of December, . 1961.
Clifford 111. McKibbin,
Chairman.
Zoning and Planning Com-
mission
CELERY CITY PRINTING CO., SANF0R0-214.4.60