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HomeMy WebLinkAbout3729 ORDINANCE NO. 3729 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA REPEALING AND REENACTING SCHEDULE "E" OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF SANFORD RELATING TO ADDITIONAL REQUIREMENTS AND PROVISIONS FOR SPECIFIC USES; REENACTING A REVISED SCHEDULE "E", REPEALING CHAPTER 5 OF THE SANFORD CITY CODE RELATING TO AUTOMOBILE DEALERS; PROVIDING FOR LAND DEVELOPMENT REGULATIONS RELATING TO VEHICULAR USES AND WELDING ESTABLISHMENTS, RETAIL SALES AND SERVICES, HOME OCCUPATIONS, TEMPORARY CONSTRUCTION ACTIVITIES, MOBILE HOMES, HAZARDOUS AND NONHAZA~OUS USES, JUNK YARDS, MISCELLANEOUS BUSINESS AND SERVICES, COMMERCIAL AMUSEMENTS, WHOLESALE AND STORAGE AND MANUFACTURING, MINING AND EXCAVATION, MINING CRITERIA AND BONDS, HAZARDOUS WASTE AND MATERIALS, COMMUNICATION TOWERS AND BONDS, COMPATIBILITY STANDARDS FOR COMMUNITY RESOURCE FACILITIES, AND URBAN INFILL REDEVELOPMENT PROJECTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING FOR CODIFICATION AND PROVIDING AN EFFECTIVE DATE. BE IT ENACTED BY THE PEOPLE OF THE CITY OF SANFORD, FLORIDA: SECTION 1. Reneal of Schedule "E". Schedule "E" of the Land Development Regulations of the City of Sanford is hereby repealed. SECTION 2. Reenactment of Schedule "E". The new Schedule "E" of the Lm-~d Development Regulations of the City of Sanford as set forth in the attachment/exhibit to this Ordinance is hereby enacted and the said attachment/exhibit is hereby incorporated into the text of this Ordinance as if fully set forth herein verbatim. SECTION 3. Reneal of Chanter 5, Sanford City Code. Chapter 5 of the Sanford City Code relating to Automobile Dealers is hereby repealed. Ordinance No. 3729 Page 1 of 3 SECTION 4. Severability. If any section or portion of a section of this Ordinance proves to be invalid, unlawful or unconstitutional it shall not be held to impair the validity, force or effect or any other section or part of a section oftMs Ordinance. SECTION 5. Conflicts. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 6. Codification. It is the intention of the City Commission of the City of Sanford, Florida, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Sanford, Florida; that the Sections of this Ordinance may be tenumbered or re-lettered to accomplish such intention; that the word, "Ordinance" may be chanted to "Section", "Article", or other appropriate word; provided, however, that Sections 4, 5, 6 and 7 shall not be codi~ed. SECTION 7. Effective Date. Except as otherwise provided herein, this Ordinance shall become effective immediately upon its passage and adoption. ATTEST: CITY OF SANFORD LE AY, ORB Y: S S ' Ordinance No. 3729 Page 2 of 3 As the City Commission of the City of Sanford, Florida CERTIFICATE I, Janet R. Dougherty, City Clerk of the Cit-y of Sanford, Florida do hereby certify that a tree Ordinance No. 3729 Page 3 of 3 SCHEDULE E ADDITIONAL REQUIREMENTS AND PROVISIONS FOR SPECIFIC USES SECTION 1.0 VEHICULAR USES AND WELDING ESTABLISHMENTS All vehicular service, vehicular accessory sales, vehicular rental, major equipment rental, major equipment repair, vehicular dealer sales and welding establishments shall comply with the following regulations: A. Inoperative Vehicles, Equipment And Repairs. All vehicles and equipment shall be maintained in an operative condition at all times, provided, however, that all vehicles and equipment ~vhich are inoperative or that are being serviced, maintained, and/or repaired shall be located within buildings designated for such purposes or within areas located in the rear of the premises, provided such areas are visually screened from surrounding areas. Such visual screening shall have no openings except for entrances and exits which shall be provided with unpierced gates. In addition, no such enclosed area for inoperative vehicles, equipment or repairs shall be permitted within any required yard or building setback. B. Storage Space. Storage space for all vehicles and equipment shall be provided on the premises in an amount and manner that ensures that no street, sidewalk, or other public way is impeded or utilized for any vehicular or equipment storage associated with the activities and use located on the premises. Such storage space shall be in addition to the off-street parking, loading, and unloading space required by this Ordinance. Outdoor Display of Equipment and Vehicular Accessory Sales. All equipment and vehicular accessory products intended for lease, rental or sale and stored, parked, or otherwise displayed shall be provided with a setback of at least twenty-five feet (25') in depth along all street right-of-way lines and at least 10 feet in depth along all other parcel lines. A precast concrete curb or other barrier of a similar and permanent nature approved by the Planning and Zoning Commission shall be placed between the outdoor display area and the required setback adjacent to all street fight-of-way lines upon which the outdoor display area is located. In addition, no such outdoor display area shall be permitted within any required buffer. No equipment which exceeds the height of the principal building on the parcel shall be displayed in the front yard. No berm or other device shall be used to artificially elevate the display area. D. Vehicular Circulation Pattern. All vehicle and equipment storage space, outdoor display area and off-street parking, loading and unloading space shall be arranged and located so as not to interfere with vehicular access points serving the premises. In addition, the overall vehicular circulation pattern shall be designed to enhance and facilitate traffic movement both on and off the premises. The vehicular circulation pattern as well as storage space, outdoor display area and off-street parking, loading and unloading space, shall be indicated on a site plan accompanying all site development permit and/or certificate of completion applications involving automotive uses. E-I. 10/14/02 E. Gasoline Service Stations (including convenience store with gas pumps). In addition to conforming with all other applicable provisions of this ordinance x~r automotive uses set forth above, gasoline service stations shall also conform to the following regulations: 1. Service Island. All service islands utilized for dispensing fuel, oil and/or related appurtenances, structures, and services shall be located at least 35 feet from all parcel lines. 2. Parking Of Small Nonmotorized Hauling Trailers And Trucks Without Drivers. The renting of small nonmotorized hauling trailers and trucks without drivers by gasoline service stations shall be subject to the following regulations: a. Not more than 10 hauling trailers shall be stored on the premises at any one time° In addition, no such hauling trailer shall exceed 14 feet in overall body length. b. Not more than 3 rental trucks shall be stored on the premises at any one time. In addition, the hauling space portion of such rental trucks shall not exceed 24 feet in length. c. All hauling trailers, rental trucks and related nonmotorized hauling accessories and moving aids shall be arranged and maintained in a neat and orderly fashion within designated storage space and outdoor display areas. F. Required Screening Of Outdoor Display Areas. All outdoor display areas utilized for the purpose of storing small nonmotorized hauling trailers, trucks without drives and/or tires shall be visually screened from surrounding areas. Such visual screening shall be located along all side and/or rear parcel lines which parallel the outdoor display areas° G. Vehicular Sales And Rental Standards. All vehicular sales and rental businesses except for those governed by subsection E.4. of this schedule, shall comply with the following regulations: 1. ApplicabiliW. This Section shall apply to all businesses that sell, lease or rent new or used vehicles including, but not limited to, atttomobiles, trucks, boats, recreational vehicles and travel trailers that store some or all of the vehicles outdoors. 2. Minimum Lot Size and Parcel Width. a. Businesses with Repair Facilities. All businesses with new and used vehicles intended for lease, rental or sale and which service, detail, clean, paint or repair the vehicles shall have a minimum parcel area of one (1) acre and a minimum parcel width at the front property line of one htmdred twenty- E-2. 10/14/02 five feet (125'). b. Businesses without Repair Facilities. All businesses with new and used vehicles intended for lease, rental or sale which do not have service, detail, clean, paint or repair facilities shall have a minimum parcel area of one-half (1/2) acre and a minimum parcel width at the front property line of one htmdred twenty-five feet (125'). 3. Buffer, All vehicular sales and rentals shall comply with the buffer requirements of Schedule J and/or Schedule U of these regulations. No vehicular display shall be located within a required buffer area. 4. Outdoor Display of Vehicles. The outdoor display area is limited to one (1) vehicle for every two hundred fifty (250) square feet of net usable area, calculated as the square footage of the parcel minus all easements, required landscaping, setback and buffer areas, required drainage areas, wetlands, required open space and building areas and required access, parking and loading areas. To prevent the intrusion of the outdoor display area into required buffers and setbacks, a precast concrete curb or barrier of a similar and permanent nature approved by the Planning and Zoning Commission shall be placed between the outdoor display area and the required setback and/or buffer that is adjacent to a street right-of-way. All vehicles which are displayed outdoors shall be displayed at grade and no vehicle shall be elevated on a berm, pedestal, flat bed, crane or other device that has the effect of elevating the vehicle above the ground. 5. Indoor Service Area Required. All businesses that sell, lease or rent new or used vehicles and service, detail, clean, paint or repair the vehicles which they sell, lease or rent shall: (a) Have an indoor area to service at least two (2) vehicles at the same time. (b) New vehicular sales shall also have additional interior space for the storage of at least five (5) vehicles. (c) Have proper sewage connections for drainage and sanitary purposes. 6. Sunset Provision. Ifa vehicular sales or rental use is discontinued or closed for six (6) months or more, the use shall not be reestablished without first obtaining conditional use approval of the Planning and Zoning Commission. E-3. 10/14/02 SECTION 2.0 RETAIL SALES AND SERVICES All outdoor display, storage and gasoline sales accessory to retail sales and services shall comply with the following regulations: A. Outdoor Display. All outdoor display and/or storage related to retail sales and services shall comply with the following regulations: 1. When a use is permitted under the land use category in Schedule B of these regulations as 'retail sales and services', the outdoor display and/or storage of goods, commodities or merchandise is prohibited. 2. When a use is permitted under the land use category in Schedule B of these regulations as 'outdoor display' or 'outdoor storage', retail sales and services which are normally permitted outdoors may store or display their goods outdoors provided that no such outdoor display and/or storage of goods, commodities or merchandise shall be permitted within any required buffer yard or building setback. 3. When a use is permitted under the land use categories in Schedule B of these regulations as 'outdoor display - ne~v merchandise' or 'outdoor display - used merchandise', the outdoor display of new and used goods and merchandise which are normally used or stored indoors including, but not limited to, the following types of merchandise is prohibited: furniture; · appliances; · fam~ hardware; · farm production supplies; · miscellaneous farm and garden supplies,; · lumber; · building materials; · hardware; · paint; · glass; · electrical supplies; · roofing materials; · plumbing supplies. 4. The land use category, "outdoor storage", when related to retail sales and service shall specifically include the outdoor storage offumiture, appliances, fmm't hardware, farm production supplies, miscellaneous farm and garden supplies, lumber, building materials, hardware, paint, glass, electrical supplies, roofing materials and plumbing supplies. All such outdoor storage shall be located in an area that is screened from adjacent parcels and street right-of-ways through the provision of a Type One or Type Two Visual Screen as set forth in Schedule J, Landscape, Buffer and Tree E-4. 10/14/02 _Requirements. B. Accessory Retail Gasoline Sales. Retail gasoline sales that are access,r>, to convenience stores or other retail sales or service establishments are permitted as conditional uses subject to the following regulations: 1. All service islands shall be limited to and utilized only for the dispensing of fuel, air, water and/or oil. All service islands and related appurtenances and structures above ground shall be located at least thirty-five feet (35') from all parcel lines. No service islands or the activities related thereto shall be permitted within any required buffer strip, 2. All service islands and related vehicular access shall be arranged so as not to interfere with vehicular access points servicing the premises and shall be located to ensure that no street, sidewalk or other public way is impeded. Space utilized for service islands and the vehicular access thereto shall be in addition to the off-street parking, loading and unloading space required for the particular use to which the retail gasoline sales are accessory. The vehicular circulation pattern, as well as the location and arrangement of service islands and off-street parking, loading and unloading space shall be indicated on a site plan accompanying all site development permit and/or certificate of completion applications involving accessory retail gasoline sales. SECTION 3.0 HOME OCCUPATIONS All home occupation activities shall be subject to the following regulations: A. There shall be no display of goods, commodities, merchandise visible from the street. B. There shall be no change in the outside appearance of the buildbrig or premises, or other visible evidence of the conduct of the home occupation. C. No home occupation shall increase the average daily automobile trips generated by the residence in which the home occupation is located. D. No home occupation shall occupy a space within the dwelling unit of more than twenty-five percent (25%) of the first floor area of the residence or more than five hundred (500) square feet, whichever is less, exclusive of the area of any open porch or attached garage or similar space not suited or intended for occupancy as living quarters. No rooms which have been constructed as an addition to the residence, nor any attached garage or porch which has been converted into living quarters, shall be considered as floor area until two (2) years after the date of the completion thereof, as shown by the records in the office of the Administrative Official. E. Home occupations may also be conducted within one (1) accessory building located on the premises or a permitted one-family dwelling provided such accessory building complies E-5. 10/14/02 with all setback requirements and does not exceed twenty-five feet (25') in height. In addition, no home occupation conducted within an accessory building shall be permitted to occupy an area which would be in excess of twenty-five percent (25%) of the first floor area of the residence located on the premises. The permissible area to be occupied by a home occupation located within an accessory building shall be computed in the same manner as for a home occupation located in a residence. No more than one (1) home occupation shall be conducted on the premises. F. Only members of the irmnediate family living in the residence shall be permitted to work at the home occupation. G. No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the premises. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises. H. All applications for home occupations shall be on the form provided by the Administrative Official. The information required includes, but is not limited to, the following: 1. Name of applicant. 2. Location of residence where home occupation, if approved, will be conducted. 3. Total floor area of the first floor of the residence. 4. Area of the room or rooms to be utilized in the conduct of the home occupation. 5. A sketch showing the floor plan and the area to be utilized for the conduct of the home occupation. 6. The nature of the home occupation sought to be approved. 7. If the applicant is not the owner of the premises, the property owner and/or agent must provide nota~zed written approval for the home occupation. The Administrative Official shall then issue a permit for such home occupation, based on compliance with the provisions of this Subsection. I. Aa-~y resident of the City of Sanford shall have the right to object to the issuance of a home occupation permit and shall have the right to request a heating before the City Commission. The City Commission shall have the power to revoke any home occupation permit if, after public heating with due public notice, the City Commission finds the home occupation being conducted to be a nuisance or in non-conformity with this Section. SECTION 4.0 TEMPORARY CONSTRUCTION ACTIVITIES All temporary construction activities shall be subject to the following regulations: A. Temporary use permits shall not be required for those temporary activities normally associated with the construction of a permitted use such as storage, processing and E-6. 10/14/02 fabrication when a valid land use permit has been issued. A temporary use permit shall, however, be required for all temporary real estate sales offices, model housing units, construction offices and housing associated with the construction of such permitted use and related activities. B. All structures which contain temporary real estate sales offices, model housing units, ~ construction offices or housing units shall comply with all of the applicable area and dimen- sion regulations of this Schedule for the particular zoning district in which such structure is located. C. All temporary construction activities shall be discontinued when all permitted construction on the premises is completed and/or when all parcels or new housing units located within the subdivision or planned development project in question are sold, as applicable. D. All temporary construction activities which are not in compliance with the requirements of this ordinance are prohibited and shall be required to comply with the provisions of this ordinance by the Administrative Official upon notification of such noncompliance or violation. SECTION 5.0 MOBILE HOMES The following regulations shall apply to all mobile homes: A. Accessory Building. No mobile home shall be permitted as an accessory building. B. Location. No mobile home shall be permitted in any zoning district except as follows. 1. In a zoning district which permits mobile homes. 2. As a temporary office used for permitted temporary construction activities located on hhe same premises or as a temporary shelter used incidental to permitted construction on the same premises. No such temporary mobile home shall be permitted to remain on the premises for more than six (6) months, subject to additional renewal periods not to exceed six (6) months each. In no case, however, shall a temporary mobile home be permitted to remain on the premises beyond the effective period of any land use permit or building permit issued for the permitted use under construction on the premises. In addition, no temporary mobile home may be permitted to remain on the premises beyond the date of completion of construction activities nor shall any temporary mobile home be permitted on the premises until after all required land use permits and building permits have been issued for the permitted use proposed to be constructed on the premises. C. Construction. No mobile home shall be used as a dwelling unit without complying with the following requirements in addition to all other appropriate local, state and federal regulations E-7. 10/14/02 pertaining to inspections, tie downs, blocking electrical, plumbing and construction standards. 1. The mobile home shall be completely underskirted with metal or plastic skirting, the sub flooring shall be structurally sound and the heatir~g and air conditioning facilities of the mobile home shall comply with appropriate City of Santbrd Codes. 2. Underskirting, patio awnings, carports and utility rooms shall be compatible with the design and type of mobile home to which they are attached and/or accessory to and shall comply with the City of Sanford Land Development Regulations. D. Area and Dimensional Regulations. The following area and dimensional regulations shall apply to mobile homes: 1. The maximum density of a mobile home development shall be six (6) mobile homes per acre. 2. Each mobile home shall have a site area or space of at least five thousand (5,000) square feet. 3. No mobile home or permanent attachment thereto shall be located closer that ten feet (10') to any mobile home site line. 4. An accessway at least thirty-five feet (35') in width shall provide direct access to each mobile home site which does not al~ut a street. The area occupied by the accessway shall not fulfill any part of the area requirements for any mobile home site. SECTION 6.0 TRAVEL TRAILERS The following regulations shall apply to all travel trailers: A. Accessory Building. No travel trailer shall be permitted as an accessory building. B. Location. No travel trailer shall be permitted in any-zoning district except as follows: 1. In a zoning district which permits travel trailers. 20 As a temporary office used for permitted temporary construction activities located on the same premises or as a temporary shelter used incidental to perrm'tted construction on the same premises. No such temporary travel trailer shall be permitted to remain on the premises for more than six (6) months, subject to additional renewal periods not to exceed six (6) months each. In no case, however, shall a temporary travel trailer be permitted to remain on the premises beyond the effective period of any site development permit or building permit issued for the permitted use under E-8. 10/14/02 construction on the premises. In addition, no temporary travel trailer may be permitted to remain on the premises beyond the date of completion of construction activities nor shall any temporary travel trailer be permitted on the premises until after all required site development permits and building permits have been issued for the permitted use proposed to be constructed on the premises. C. Area and Dimensional Regulations. The following area and dimensional regulations shall apply to travel trailers: 1. Each travel trailer shall have a site area or space of at least one thousand five hundred (1,500) square feet. 2. No travel trailer or attachment thereto shall be located closer than ten (10) feet to any travel trailer site line. 3. An accessway at least tlairty-~ve Ibet (35') in width shall provide direct access to each travel trailer site. The area occupied by the accessway shall not fulfill any part of the area requirements for any travel trailer site. SECTION 7.0 COMMUNITY RESIDENTIAL HOMES Community Residential Homes with six (6) or fewer residents shall comply with applicable state law and requirements. Community Residential Homes with seven (7) to fourteen (14) residents shall comply with applicable state laws and requirements, the City's Development Plan review and permitting process as set forth in these regulations and the City's occupational licensing requirements. A. On-site Supervision. A responsible person over the age of eighteen (18) years shall be on duty on the premises at all times while residents are on the premises. B. Recreational Area. Outdoor recreation area shall be provided at the minimum ratio of fifty (50) square feet per resident. C. Proposed Site Plan. A proposed site plan shall be submitted for all community residential homes and residential care facilities. D. Occupational License. All facilities shall be required to obtain a City of Sanford Occupational License. All such facilities shall comply with applicable state physical plm~t standards and shall furnish proof of state licensure if applicable, before issuance of a City Occupational License. 1. Site Selection. When a site for a home has been selected by a sponsoring agency ("sponsoring agency" shall mean an agency or unit of government, a profit or nonprofit agency, or any other person or organization which intends to establish or E-9. 10/14/0 2 operate a community residential home) in an area zoned for multi-family, the agency shall notify the City Manager in writing and include in such notice the specific address of the site, the residential licensing category, the number of residents, and the community support requirements of the program. Such notice shall also contain a statement from the district administrator of the HRS indicating the need for and the licensing status of the proposed community residential home and specifying how the home meets applicable licensing criteria for the safe care and supervision of the clients in the home. The district administrator shall also provide to the City Manager the most recently published data compiled that identifies all community residential homes in the district in which the proposed site is to be located. The City shall review' the notification of the sponsoring agency in accordance with the zoning ordinances of the City. 2. Site Review Process. Pursuant to such review, the City may: a. Determine that the siting of the community residential home is in accordance with zoning and approve the siting. If the siting is approved, the sponsoring agency may establish the home at the site selected. b. Fail to respond within sixty (60) days. If the City fails to respond within such time, the sponsoring agency may establish the home at the site selected. c. Deny the siting of the home. d. The City shall not deny the sithng of a community residential home unless the City establishes that the siting of the home at the site selected: ( 1 ) Does not otherwise conform to existing zoning regulations applicable to other multi-family uses in the area. (2) Does not meet applicable licensing criteria established an determined by the Department of Children and Fanfily Services (DCFS), including, but not limited to, requirements that the home be located to assure the safe care and supervision of all clients in the home. (3) Would result in such a concentration &community residential homes in the area in proximity to the site selected, or would result in a combination of such homes with other residences in the community, such that the nature and character of the area would be substm~tially altered. (4) All group homes shall contain requisite infrastructure including, but not limited to, potable water; adequate surface water management' and approved system ofwastewater disposal. The sites shall also be free of safety hazards and all structures shall comply with City ordinances and applicable State laws including applicable licensing and program requirements of the State. E-10. 10/14/02 e. If agreed to by both the City Commission and the sponsoring agency, a conflict may be resolved through informal mediation. The City shall arrange for the services of an independent mediator or may utilize the mediation process established by a regional planning council pursuant to §186.509, Florida Statutes. Mediation shall be concluded within forty-five (45) days of a request therefore. The resolution of any issue through the mediation process shall not alter any person's, or the City's, right to a judicial determination of any issue if that person is entitled to such a determination under statutory or common law. E. Zoning Requirements. A dwelling unit housing a community residential home or community residential facility established pursuant to this section shall be subject to the same local laws and ordinances applicable to other noncommercial, residential family units in the area in which it is established. F. Nonconforming Uses. Nothing in this section shall be deemed to affect the authority of any community residential home or residential care facility lawfully estiolished prior to the effective date of this Schedule to continue to operate. G. Resident Qualifications. Nothing in this section shall permit persons to occupy a community residential home or residential care facility who would constitute a direct threat to the health and safety of other persons or whose residehey would result in substantial physical damage to the property of others. SECTION 8.0 HAZARDOUS AND NONHAZARDOUS USES Uses identified in the text of these land development regulations, including any schedule, as being hazardous or nonhazardous shall be subject to the following regulations: A. Application. All hazardous and nonhazardous uses shall be subject to the appropriate performance standards set forth below and all such uses which are changed, altered or enlarged shall comply with all of the required performance standards for the portion of the use and/or structure which is involved in such change, alteration or enlargement. B. Smoke. No smoke shall be emitted greater than Number One of the Power's Micronringelmann Chart (copyrighted 1954 by McGraw-Hill Publishing Company, Inc.) or of the Department of the Interior 1955 (Bureau of Mines Information Circular No. 7718); provided, however, that smoke not greater than Number Three on said charts maybe emitted for a period not to exceed six minutes in any twenty-four-hour period. C. Dust, Dirt and Other Particulate Matter. Particulate matter shall be defined as any material discharged into or suspended in the atmosphere in finely divided form. Calculation of the total net rate of emission ofparticulate matter within the boundaries of any lot shall be made in the following manner. E-11. 10/14/02 1. Determine maximum emission in pounds per hour for each source of emission and divide this figure by the acres in the lot area, thereby obtaining the gross hourly rate of emission, in pounds per acre. 2. For each gross hourly rate of emission, deduct the height of emission collection factor from the following table, interpolating as necessary for heights not given. TABLE E-I ALLOWANCES FOR ItEIGBT OF EMISSION Heigtht of Emission Collection (Pounds Above Grade (FeeQ Per Hour Per Acre) 50 0.01 100 0.06 150 0.10 200 0.16 300 0.30 400 0.50 The result is the next hourly rate of emission in pounds per acre for each source of emission. 3. Adding together individual net rates of emission gives the total new rate of emission from all sources of emission within the boundaries of the lot. The total net rate of emission from all sources within the boundaries of a lot or tract in question shall not exceed one pound per acre of lot area during any one hour. The emission, from all sources within any lot area, or particulate matter containing more than ten percent by weight of particles having a diameter larger than 44 microns is prohibited. The emission of particles in the form of fly ash from any flue or smokestack shall not exceed 0.2 grains per cubic foot of flue gas at a stack temperature of 500 degrees Fathrenheit. Dust and other types ofairborne pollution from such sources as storage yards, piled materials, yards, roads or other untreated open areas which are developed, shall be kept to a minimum by appropriate screening, design, landscaping, paving, sprinkling, or other acceptable means approved by the Administrative Offi- cial. D. Toxic or Noxious Matter. The emission of toxic or noxious matter beyond any lot line is prohibited. E. Odorous Matter. No offensive odors shall be emitted that are detectable without instruments at or beyond any property line. E-12. 10/14/02 F. Vibration. Every use shall be so operated that ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point on the property line of the property on ~vhich the use is located. G. Noise. Maximum permissible sound pressure levels emitted between 7:00 a.m. and 8:00 p.m. shall not exceed standards set forth in the following table. Measurements are to be taken at the property line. TABLE E-2 NOISE STANDARDS Frequency Sound Pressure Level (cycles per second) (decibels) 20 - 75 65 75-150 50 150 - 300 43 300 - 600 38 600-1,200 33 1,200 - 2,400 30 2,400 - 4,800 28 4,800 or greater 26 Sound pressure levels permitted between the hours of 8:00 p.m. and 7:00 a.m. shall not be greater than eighty percent of the above noise standards. H. Fire and Explosion Hazard. All activities and all storage of flammable and explosive materials shall be in accordance with the National Board of Fire Underwriter's publications, applicable City ordinm~ces and state statutes and procedures and standards approved by the City of Sanford Fire Chief. Io Electromagnetic Interference Performance Standards. No hazardous or nonhazardous use shall be conducted which produces electromagnetic interference with normal radio or television reception within the areas adjacent to the premises in question. J. Humidity, Stream, Heat Or Glare Performance Standards, No hazardous or norahazardous use shall be permitted to produce any humidity, steam, heat or glare that is perceptible at any point on or beyond any parcel line of the premises in question. K. Enforcement. Enforcement of the performance standards required for hazardous or nonhazardous uses shall be accomplished in the following manner: 1. If alleged violation of the required performance standards for a hazardous or nonhazardous use has been made, the Administrative Official shall send written notice of such alleged violation to the owner of the property by certified mail. The owner shall be given thirty (30) days to correct the alleged violation unless, in the opinion of the Administrative Official, there is an imminent peril to the life and property of persons adjacent to the alleged violation in which case the alleged E-13. 10/14/02 violation shall be corrected immediately. 2. Where alleged violations can be determined by the Administrative Official using equipment normally available to the City or obtainable without extraordinary expense, such determination shall be made before notice of violation is issued. 3. Where technical complexity or extraordinary expense makes it unreasonable for the City to maintain the personnel or equipment necessary to make the determination or violation, the Administrative Official shall, after approval by the City Conm~ission, call in properly qualified experts to make the determination. If expert findings indicate a violation of the required performance standards for a hazardous or nonhazardous use, the cost of the determination shall be assessed against the properties or persons responsible for the violation in addition to the penalties prescribed by the ordinance. If no violation is found, cost of the determination shall be paid for entirely by the City or if the alleged violation originated with an individual other than a City Official, cost of the determination shall be paid for entirely by such individual. SECTION 9.0 JUNKYARDS All areas used for the purpose of storing, processing and/or dismantling of materials shall be screened from surrounding areas by a continuous, nonperforated and solid wall or fence at least seven feet (7') in height. Such wall or fence shall be approved by the Planning and Zoning Commission and shall be maintained in conformance with this Schedule for as long as the use continues to exist. Such wall or fence shall not be utilized for advertisements and/or signs. When such wall or fence abuts a street right-of-way, the side of the wall or fence facing such street right-of- way shall be landscaped in a manner approved by the Planning and Zoning Commission. Materials shall not be stored or stacked so as to be visible above the height of the fence or wall. SECTION 10.0 MISCELLANEOUS BUSINESS AND SERVICES, COMMERCIAL AI~IUSEMENTS, WHOLESALE AND STORAGE AND MANUFACTURING All outdoor storage and/or display accessory to miscellaneous business and services, commercial amusements, wholesale and storage and manufacturing shall comply with the following regulations: A. Outdoor storage and/or display shall be prohibited for all miscellaneous business and services, commercial amusements, wholesales and storage and/or manufacturing activities which are by definition required to be indoors. B. Outdoor storage and/or display shall be permitted for all rniscellaneous business and services, commercial amusements, wholesale and storage and/or manufacturing which are by defthi- E-14. 10/14/02 tion permitted to be outdoors provided that no such outdoor display and/or storage of equipment, vehicles, materials, structures, buildings, fuel, tanks, merchandise, products or materials shall be permitted within any required front or side yard or building setback. C. The term "outdoor storage and/or display" when used in conjunction with the term "outdoor" related to domestic and business service, landscaping service establishment, auction sales establishment, aircraft sales establishment, small animal boarding kennel, veterinarian and animal hospital and/or commercial amusements or when used in conjunction with the term "outdoor" and/or "tank" related to nonhazardous and/or hazardous wholesale and storage and/or manufacturing shall include the outdoor storage and/or display of equipment, vehicles, materials, structures, buildings, fuel, tanks, merchandise, products, goods, comxnodities or other similar items that may be identified by the Administrative Official. All such outdoor storage and/or display shall be surrounded by a continuous, nonperforated and solid wall or fence at least seven feet (7') in height. Such wall or fence shall be approved by the Planning and Zoning Commission and shall be maintained in conformance with this Schedule for as long as the use continues to exist. Such wall or fence shall not be utilized for advertisements and/or signs. When such wall or fence abuts a street right-of-way, the side of the wall or fence facing such right-of-way shall be landscaped in a manner approved by the Plam~ing and Zoning Commission. SECTION 11.0 MINING AND EXCAVATION All mining and resource extraction such as but not linfited to sand and peat excavation shall be conducted according to an excavation and reclamation plan approved by the City Commission pursuant to procedures for PD, Planned Development rezonings. Because of the high potential for surface and groundwater contamination associated with mining and extraction activities, a horizontal impervious layer (possibly including a portion of the extracted resource) shall, if feasible, be left undisturbed and unpenetrated beneath all excavated areas. The amount and location of the impervious layer to remain intact, if any, will be determined by soil surveys prior to excavation. The mining operator or owner shall submit to the Administrative Official said excavation and reclamation plan as part of the Planned Development Project Master Plan which shall include but not be limited to the following information: A. Quantity of material to be mined or extracted. B. Scaled plans and drawings that indicate area and dimensions of proposed mining. C. Timeframe, dates and phasing of each increment of mining or extraction activity. D. Soil survey prepared by a geotechmcal engineer registered in the State of Florida depicting the feasibility of retaining an impervious layer of material and amount and location of such impervious layer. E. Restoration and reclamation plan including scaled drawings and plans that indicate restored E-15. 10/14/02 elevations, restoration materials, landscape, revegetation, structures and uses after mining or each phase or increment thereof has been completed. F. Setbacks, buffers, fencing, landscaping and other methods of protecting adjacent land from adverse impact of proposed mining activities. G. Hydrologic survey prepared by hydrology engineer registered in the State of Florida depicting the ground water conditions and impact of the mining and excavation activity on same. Section 11.1 MINING CRITERIA All mining shall comply with the following criteria and standards: A. Setbacks to the edge of the excavation shall be a minimum of one hundred feet (100') from the right-of-way line of any public road and from all property lines provided however that the setback shall be two-hundred feet (200') from land zoned residential and/or existing residential land uses located off the site. In addition, setbacks to the edge of the excavation shall be a minimum of three hundred feet (300') from wetlands or natural surface waters, two hundred and fifty feet (250') from private wells and five htmdred feet (500') from public potable water wells. B. No stockpiling of earth from any mining or excavating operations may be within the setback areas. Setback areas shall remain undisturbed during the borrow operation except for access roads as shown on the approved plans. C. Property comers shall be set with Permanent Reference Monuments (P.R.M.s) at the property comers. Buffer areas shall be flagged prior to start of work. D. The entire perimeter of the site shall be enclosed with at least four feet (4') high hog wire fence plus two (2) strands of barbed wire reaching a total height of at least six feet (6'), or equivalent fence, prior to the start of operation. An access gate which shall be locked and secured when the borrow pit is not in operation and provides a minimum opening width of twenty feet (20') shall be installed. E. Waming signs a minimum size of thirty-two (32) square feet shall be located prominently at the perimeter of the site on each side of the propert>' not more than five hundred feet (500') apart and at the entrance. The sign shall have a white background with twelve inch (12") high red letters stating "Posted, No Trespassing, Construction Site." The sign at the entrance shall also contain the Owner or Operator's emergency daytime and nighttime phone numbers for the Fire and Police Departments' use in the event of emergencies. Vehicular control signs shall include a thirty inch (30") high-intensity "Stop" sign at the exit and a forty-eight inch (48") "Trucks Entering and Leaving Highway" in each direction from entrance shall be posted. Signs shall conform to M.U.T.C.D. Standards. F. Side slopes of the finished excavation shall be as follows: 1. Wet ponds - 6:1 (six foot horizontal to one foot vertical) to a water depth of three feet (3'), then 2:1 to a w-ater depth of six feet (6') then 1:1 to the bottom. A minimum water depth of six feet (6') and a minimum surface width of fifty feet (50') is required to prevent the creation of a stagnant pool. E-16. 10/14/02 2. Dry ponds - 4:1 slopes. G. Traffic control is the responsibility of a pit, mine or excavation operator. Traffic control shall be provided by the said operator when deemed necessary by the Administrative Official. H. All operations accessing paved roads shall provide a driveway paved with asphalt or concrete to industrial standards from the edge of the existing paved road to the right-of-way line, at the entrance to the site and, when located on a two-lane road, shall widen the opposite side of the road by six feet (6') from radius point to radius point to provide an adequate taming area. The applicant is responsible for restoration of any and all damages to roads resulting from the hauling operation. The gates of all trucks shall be cleaned prior to exiting the site and the pit, mine or excavation operator shall remove all dirt from the pavement at the end of each day and during the day if necessary. I. All operations accessing unpaved roads shall be responsible for full-time maintenance of the unpaved road at the applicant's sole expense in a condition satisfactory to the City's Public Works Department. Equipment for grading and watering of the road shall be available and a schedule for the maintenance approved prior to the start of work. J. Quality of effluent water shall meet Florida Department of Environmental Protection (F.D.E.P.) regulations for the type of receiving surface water. The F.D.E.P. classification of receiving waters shall be shown and the pre-treatment methods to be used prior to discharge shall be detailed. Well point water may not require pre-treatment prior to discharge, however, all water removed by other methods shall require pre-treatment. The more stringent of F.D.E.P. regulations or this schedule with respect to dewatering shall apply. K. A rninimutm separation of ten feet (10') between the bottom of any pit, mine, excavation or lake pit and the top of the sub-surface limestone formation shall be maintained. L. Reclamation and revegetation plantings shall, at a minimum, be planted as follows: 1. Installation ofplantings shall begin with thirty (30) days following completion of the borrow, mining or excavation operation and be completed within ninety (90) days of starting date. A Certificate of Completion shall not be issued until the reclan~ation plantings have been completed. 2. Borrow pits, mines or excavation activities which result in the creation of a lake or pond shall provide plantings of a mixture of at least two (2) species each of native wetland trees, shrubs, plants and grasses in, along and within fifty feet (50') of the water to achieve a cover of at least seventy percent (70%) above normal water level at the end of one year and ninety percent (90%) above normal water level and sixty percent (60%) below normal water level at the end of two (2) years. A minimum of one (1) tree two-inches (2") in diameter at breast heig~ht, and twelve (12) tree saplings, a minimum of twelve inches (12") in height, shall be planted for every one thousand (1,000) square feet of property to be reclaimed or revegetated. 3. Plantings of a mixture of at least three (3) species each of native trees, shrubs, plants and grasses shall be planted in and upon disturbed uplands to achieve a cover of at least seventy percent (70%) at the end of one (1) year and ninety percent (90%) at the end of two (2) years. A minimum of one (1) tree, two inches (2") in diameter at breast height, and twelve (12) tree saplings, a minimum of twelve inches (12") in height, shall be planted for every five hundred (500) square feet of disturbed uplands property. 4. A landscape in compliance with Schedule J and approved by the City Commission E-17. 10/14/02 may be substituted for the requirements of 2. and 3. above provided that the property will be redeveloped into a commercial, industrial and/or residential use. 5. Topsoil or natural organic material shall be placed in all disturbed areas to provide soils enrichment necessary for healthy plant growth. 6. Lakes shall be stocked with native freshwater fish in order to more quickly establish a wildlife habitat. Lakes shall be stocked with a minimum of fifty (50) fingerlings per acre of water after completion of shoreline plantings. 7. The property owner shall guarantee for a period of no less than two (2) years, the growth and establishment of the plantings by the posting of a bond or other instrument acceptable to the City. During the two (2) year period, the owner shall be responsible for all continuous maintenance necessary to ensure growth, to correct and control erosion, to replace vegetation that has failed to survive and to remove all vegetation not acceptable to the City and which exceeds ten percent (10%) of the reclamation plantings. M. The conversion or use of any borrow pit, mine or excavation site as a land fill is prohibited. N. The conversion or use of any lake or pond created as a result of a borrow pit, mine, or excavation site as a stormwater retention area in circumstances in which seventy percent (70%) or more of the resulting pond exceeds ten feet (10') in depth may be permitted only if a separate retention area provides pollution control volume for the first one-half inch (1/2") ofrunoffprior to discharge into the pit. O. If the mining is not completed or to be completed as planned and set forth on plans approved by the City, the owner shall apply to amend and modify such plans through the same procedures in which they were approved. SECTION 11.2 BOND As a condition for granting of a permit for mining activities, the applicant shall post a bond or other instrument acceptable to the City in compliance with Article VII, Improvements and Maintenance and Article IX, Development Agreements as set forth in these regulations. Such bond shall be posted prior to the issuance of a permit to conduct the proposed mining activity. The bond shall be devised so that it will be valid for as long as construction is active and in order to guarantee that the applicant corrects any' damage that may occur to public streets or roads, adjacent structures or wells, or to the environment, and to assure that the borrowing, mining or excavation conforms to the specific requirements of these land development regulations and to any special conditions made by the City Commission at the time of approval of this application, such bond shall continue to be valid for a minimum period of two (2) years and up to five (5) years after the completion of the mining activity and issuance of the certificate of completion by the City as determined by the City based upon site conditions, location and other matters generally considered in making land use decisions. SECTION 12.0 HAZARDOUS WASTE AND MATERIALS A. All users and generators of hazardous waste and material located in the City of Sanford shall submit plans, procedures and documentation to the Administrative Official to insure that such waste and material is properly stored, disposed and processed. The Administrative E-18. 10/14/02 Official shall have the authority to require that such plans, procedures and verification include but not are necessarily limited to the following: 1. On-Site Plans, Procedures and Facilities. Explanation of procedures, processes and facilities to be utilized for the storage, disposal and processing of hazardous waste and materials. 2. Public Agencies. Documentation from responsible public agency that hazardous waste and materials plans and programs for the premises in question are approved and/or in compliance with applicable requirements. Such responsible public agencies shall include one or more of the following: U.S. Environmental Protection Agency U.S. Department of Transportation Florida Department of Environmental Protection Florida Deparm~ent of Transportation Florida Department of Community Affairs Florida Department of Labor and Security Florida Department of Law' Enforcement Florida Department of State St. Jolms River Water Management District 3. Private Agencies. Documentation from private agencies may include information, contracts, agreements, procedures and similar materials from private waste management companies employed by the owner to dispose of hazardous waste and materials from the premises in question. B. The Administrative Official shall approve, approve with conditions or disapprove such plans, procedures, processes and facilities for the disposal, storage and processing of hazardous waste and materials. The Administrative Official shall be authorized to require the following conditions for users and generators of hazardous waste and materials: 1. For large quantity generators (companies, subdivisions or projects that generate in excess of 2,200 lbs./month), the establishment of on-site storage/transfer/treatment facilities for hazardous wastes. 2. Verification of conformance to Florida Department of Environmental Protection's toxic substance disposal permitting requirements at specified intervals. 3. Arrangements with a permitted waste management company to pick up and transfer waste from the premises on a regularly scheduled basis. 4. Participation in a household/low-volnme hazardous waste collection system. E-19. 10/14/02 SECTION 13.0 COMMUNICATION TOWERS Communication towers include towers greater than thirty-five feet (35') in height (including antemma) which support commtmication equipment. Communication towers do not include amateur radio operator's equipment, as licensed by the Federal Communications Commission (FCC). Communication towers include self-supporting lattice, guyed, and monopole types as ,,veil as any other type of tall structure deemed to be a communication tower by the Administrative Official. A. Separation Standards. Towers shall be separated from single and ~vo-family dwelling units and vacant land zoned single-family residential a minimum distance of two hundred feet (200') or a distance equal to three hundred percent (300%) of the height of the tower, whichever is greater. Towers shall be separated from existing multiple-family dwelling units a minimum distance of two hundred feet (200') or a distance equal to three hundred percent (300%) of the height of the tower, whichever is greater. Further, towers shall be separated from the property line(s) of adjacent vacant land(s) zoned multiple-family residential for a minimum horizontal distance that is equal to the vertical height of the tower in question. Separation distances shall be the shortest distance between the tower structure and the property line of the residential use or zoning in question. B. Lighting. Communication towers shall not be artificially ligthted except as required by the Federal Aviation Administration (FAA). C. Color. Communication towers not requiring FAA painting/marking shall have either a galvanized finish or a non-contrasting blue, grey or black finish. D. Fencing. A minimum eight feet (8') tall vinyl coated chain link fence or masonry wall with access through a locked gate shall be provided around each conununication tower. E. Landscaping. A row of shade trees a minimum of eight feet tall (8') at time of planting and a maximum often feet (10') apart shall be planted around the outside perimeter of the fence. A continuous hedge of a minimum thirty inches (30") in height at planting with shrubs spaced a maximum of thirty inches (30") apart shall be provided in front of the tree line. All landscaping shall be of the evergreen variety and irrigated or xeriscape tolerant and shall be properly maintained. F. Modification. Existing communication towers may be modified or rebuilt to an additional twenty feet (20') in height greater than the original heigaht to provide for co-location of additional communication equipment. The height of such modified or rebuilt tower shall comply with separation requirements from residential uses and zoning districts as set forth in paragraph A, above. G. Abandonment. Discontinued use of a communication tower for 180 consecutive days shall E-20. 10/14/02 be deemed abandoned. Determination of the date of abandonment shall be made by the Administrative Official who shall have the right to request documentation and/or affidavits from the communication tower owner/operator regarding the issue of tower usage. Upon such abandonment, the owner/operator shall either dismantle and remove the tower, request to reactivate the use of the tower or transfer the tower to another owner/operator. H. Antennas. Antennas mounted on existing buildings or structures shall not exceed a maximum of twenty feet (20') above the highest point of the structure or twenty percent (20%) of the building height, whichever is greater. Antennas shall be set back from the edge of the building or structure a minimum of ten feet (10') or ten percent (10%) of the roof depth, ~vhichever is greater. I. Colocation. The City of Sanford desires to minimize the number and general proliferation of conm~unication towers. This section is intended to insure that communication towers that are permitted within the City of Sanford are utilized in a manner that provides for the maximnm number of service providers upon each tower within the context of technical feasibility and safety. Further, this section is intended to minimize the number of such towers within the City of Sanford. Specifically, as a minimum, communication towers exceeding one hundred feet (100 ') in height shall be engineered and constructed to accommodate a minimum of two (2) communication senrice proriders, e.g., one (1) additional provider. The City shall have the authority to require, specify and otherwise stipulate that communication towers be engineered and constructed in a manner that provides for two (2) or more colocations as part of the conditional use and/or site plan approval processes. As a condition of approval of all communication towers and to the extent that colocation is technically feasible, all owners of existing communication towers shall, upon request of another service provider and for reasonable and agreed upon consideration, permit additional communication service providers upon such existing communication tower. Applicants desiring to construct new communication towers shall submit written documentation that clearly explains the need for and reasons for the proposed construction of a new communication tower rather than locating proposed antenna array/communication equipment upon an existing tower. Such documentation shall include plans of existing and future towers by the applicant/provider in question, correspondence with existing communication tower owners and may include a cost analysis of altematives. Existing service providers, e.g., existing communication tower owners, that are unwilling, upon request of another service provider, to allow colocation upon such existing tower, shall submit written documentation to the City with reasons and justification as to why such colocation cannot be accomplished. Competition between service proriders shall not be considered to be a valid reason for preventing or otherwise obstructing colocation. The City shall determine whether the applicant and/or the existing provider are reasonable and correct in their respective assertions. If the City determines that either party is being unreasonable or otherwise uncooperative, the City shall deny the applicant's request for a new tower and/or the City may cause the existing communication tower' s approval to be revoked and said existing tower to be removed. Such determination involving existing tower owners shall be made in writing and adopted by a majority vote of the City Commission upon holding an advertised public hearing and notification of the owner at least fifteen (15) days prior to such hearing. Upon adoption of such determination by the City E-21. 10/14/02 Commission, the existLng tower owner and the property upon which such tower is located shall be considered to be a violation of the City' s Land Development Regulations and shall be subject to any and all remedies and penalties thereof. SECTION 13.1 BOND As a condition for granting a permit for a communication tower, the applicant shall post a bond or other instrument of surety acceptable to the City and issued by a surety or financial institution acceptable to the City in compliance with Article VII, Improvements and Maintenance and Article IX, Development Agreements as set forth in these regulations. Such bond shall be posted prior to the issuance of a permit to construct a communication tower. The bond shall cover the cost of the removal of the tower mad any associated structures, foundations, slabs, fencing and equipment as well as the cost to restore the premises to a presentable condition that is suitable for redevelopment. The bond shall be devised so that it will be valid during the time that the tower is in operation. If the tower is no longer operational, the tower and any associated structures, fencing foundations, slabs and equipment shall be removed by the property owner or permittee from the premises and the premises restored to a condition that is both suitable for redevelopmerit and presentable to the general public. Should the tower not be removed within one hundred eighty (180) days of its ceasing to be operational, the bond shall provide that the City may call the bond and cause the removal of the structure(s). Any excess costs shall be the responsibility of the property owner and permittee. The bond shall provide for an irrevocable right of entry for the City for the purpose set forth in this Section. SECTION 14.0 COMPATIBILITY STANDARDS FOR COMMUNITY RESOURCE FACILITY Proposed community resource facilities shall provide any and all information necessary to ensure that such use(s) and/or activity(ies) are compatible with proximate uses and zoning. It shall be the responsibility of the applicant proposing a community resource facility to prove that the subject community resource facility is compatible prior to permitting such use. Compatibility criteria shall include the following in addition to other generally accepted planning practices and principles: A. Consistency with the City of Sanford Comprehensive Plan; B. Consistent with and supportive of the City of Sanford Strategic Plan, the Lake Monroe Waterfront and Downtown Sanford Redevelopment Plan and other plans and policies of the City of Sanford; C. A Development Plan that meets all requirements of the City of Sanford Land Development Regulations including, but not limited to, adequate parking and traffic circulation facilities, building setbacks, landscape and buffer requirements; D. Separation of at least one thousand five hundred feet (1,500') from an>' other activity that the Administrative Official determines to be another community resource facility. The City E-22. 10/14/02 Commission may waive this provision during the approval process if the Commission determines that the proposed community resource facility primarily serves the interests of the specific neighborhood. Churches shall not be included or otherwise considered regarding this one thousand five hundred (1,500) foot separation provision. E. Adequate sound-proofing to ensure that noise does not unreasonably disturb neighbors; F. Adequate off-street parking and traffic circulation facilities to insure that adjacent neighborhoods and businesses are not adversely impacted by excessive on-street parking and/or traffic circulation. G. Provisions to ensure adequate police protection and related public safety considerations; H. The proposed use is not detrimental to the character or development trends in the area. The Harming and Zoning Commission is authorized to recommend and the City Commission is authorized to impose reasonable and adequate stipulations and conditions upon community resource facilities in order to ensure that such facilities are compatible to adjacent properties and neighborhoods. The Planning and Zoning Commission shall make a recommendation to the City Comrnission. The City Commission has final authority to approve, approve with conditions or deny the use of any property for a community resource facility. SECTION 15.0 URBAN INFILL REDEVELOPMENT PROJECTS. A. Purpose and Intent. The purpose of the urban in~ll redevelopment program is to encourage the development of vacmnt infill tracts and lots throughout the City and the redevelopment of properties which may be problematic or othenvise unique. Acknowledging that it may not be economically feasible or attractive to develop or redevelop many of the smaller properties throughout the City under the existing land development regulations, the urban in~ll program gives the City the flexibility to determine the worthiness of those projects that cannot strictly comply with all the land development regulations that would normally be applied to the project provided that the project a can meet the general intent of the Comprehensive Plan and the land development regulations as applied consistent with the purpose and intent of this Section and sound and generally acceptable planning and land use principles and practices. The urbmn in~ll redevelopment program ensures that the proposed development is designed and located utilizing innovative techniques and characteristics that are beneficial to the City. Criteria for the urban infill redevelopment (UIR) projects are intended to ensure that a proposed development improves the character of the neighborhood in which it is located and improves the City as a whole; that flexibility in the design is used to construct a project that is superior to a project strictly and rigidly designed consistent with the land development regulations; and that the use is compatible with the surrounding properties. E-23. 10/14/02 In exchange for a better project, the developer may vary some of the standards and criteria of the land development regulations including, but not limited to, density, building setback, height, lot size and floor area ratio pursuant to a negotiated development order with the City. B. Permitted Use. Urban in_fill redevelopment projects are permitted uses in all zoning districts. C. Conditional Use. All urban in~ll redevelopment projects shall be reviewed as conditional uses. D. Standards for Non-Residential and Multiple Family UIR Projects. Non- residential urban infill projects shall be consistent with the following criteria: 1. The proposed land uses in the UIR project arc permitted within the City of Sanford. 2. The proposed land uses in the UIR project are compatible with adjacent land uses. 3. The design creates a fonn and function that enhances the character of the community. 4. The flexibility granted by the City, regarding densities, intensities, building height, lot width, building setbacks, and off-street parking standards, is justified by the benefits to the public good and the ability of the project to assist the City of Sanford in achieving its redevelopmerit, renewal and revitalization goals as stated in the Comprehensive Plan, the Strategic Plan, the Redevelopment Plan and Finding of Necessity for the Community Redevelopment Area (CRA) and/or the Downtown Sanford/Lake Monroe Waterfront Redevelopmerit Plan. 5. Adequate off-street parking is available either on site or in the immediate vicinity through a shared parking agreement. 6. The design of the proposed development complies with the design guidelines for the Downtown Historic District, if applicable. 7. The proposed project is located in the established areas of the City of Sanford which are served by existing public facilities. 8. The proposed project complies with the requirements of the St. John's Water Management District. E. Criteria for Residential UIR Projects. Residential UIR projects shall be consistent with the follo~ving criteria: 1. The proposed land uses in the UIR project are permitted within Residential Land Use Categories shown on the City of Sanford Future Land Use Map. 2. The proposed land uses in the UIR project are compatible with adjacent land uses. 3. The design creates a form and function that enhances the character of the community. 4. The flexibility granted by the City, regarding building height, lot width, building setbacks, and off-street parking standards, is justified by the benefits to the community character. 5. The development of the residential UIR project will improve the surrounding area. E-24. 10/14/02 6. The design of the proposed development complies with the design guidelines for the Downtown Historic District, if applicable. 7. The proposed project is located in the established areas of the City of Sanford which are served by existing public facilities. 8. The proposed project complies with the requirements of the St. John's Water Management District. E-25. 10/14/02