HomeMy WebLinkAbout4225 Amend Schedule B, Part IIIOrdinance No. 2010 -4225
An ordinance of the City of Sanford, Florida relating to permitted
uses and conditional uses as set forth within the City's Land
Development Regulations; amending Schedule B, Part III (Land
Development Regulations) of the Code of Ordinances of the City of
Sanford; providing for changing Two - Family Dwelling (duplex) uses
from a permitted use to a conditional use in SR -1 zoning
classification /district and adding such use as a minor conditional
use in MR -1, MR -2 and MR -3 zoning classifications /districts; deleting
language and adding language in Footnote 7; providing for code
enforcement; providing for implementing administrative actions;
providing for a savings provision; providing for conflicts; providing
for severability; providing for codification and providing for an
effective date.
Whereas, City staff maintains an ongoing analysis of the City's land
development regulations including those provisions of Schedule B, Part III (Land
Development Regulations) of the Code of Ordinances of the City of Sanford pertaining
to permitted uses and works with the City Commission and the Planning and Zoning
Commission to maintain continuity with other previously modified portions of the Land
Development Regulations and to correct errors or irregularities;; and
Whereas, City staff's current proposed changes to Schedule B, Part III (Land
Development Regulations) of the Code of Ordinances of the City of Sanford pertain to
changing Two - Family Dwelling (duplex) uses as well as a change to Footnote 7; and
Whereas, at the October 21, 2010 meeting of the Planning and Zoning
Commission the proposals of City staff which are the subject of this Ordinance were
considered and a favorable vote to recommend approval by the City Commission
occurred; and
Whereas, the Planning and Zoning Commission and the City Commission have
Page 1 of 4
determined that the proposed amendments to Schedule B, Part III (Land Development
Regulations) of the Code of Ordinances of the City of Sanford, as set forth in this
Ordinance, are consistent with the Comprehensive Plan of the City of Sanford, the land
development regulations of the City of Sanford, and the controlling provisions of State
law; and
Whereas, the City Commission of the City of Sanford, Florida has taken all
actions relating to the actions set forth herein in accordance with the requirements and
procedures mandated by State law.
Now, Therefore, be it Enacted By the People of the City Of Sanford, Florida:
Section 1. Legislative findings and intent.
(a). The City of Sanford has complied with all requirements and procedures of
Florida law in processing and advertising this Ordinance.
(b). The provisions of this Ordinance is consistent with the goals, objectives
and policies of the Comprehensive Plan of the City of Sanford, the Land Development
Code of the City of Sanford, and other controlling law.
(c). The foregoing recitals (whereas clauses) are adopted as additional
legislative findings.
Section 2. Amendments to Schedule B. Schedule B, Part III (Land
Development Regulations) of the Code of Ordinances of the City of Sanford.
Schedule B, Part III (Land Development Regulations) of the Code of Ordinances of the
City of Sanford is hereby amended as follows:
(a). Two - Family Dwelling (duplex) shall be approvable as a minor conditional
use in the Multiple - Family Residential MR -1, MR -2 & MR -3 zoning
classifications /districts.
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(b). The text in Footnote 7 reading "Such uses shall be allowed provided that
the total of all uses shall not exceed 3,500 square feet or less of floor area." shall be
deleted and that text shall be replaced with "Reserved for future use."
Section 3. Code enforcement.
The City may enforce the provisions of this Ordinance as is the case with any
land development regulation and may seek any legal remedy available to the City under
controlling State law.
Section 4. Implementing administrative actions.
The City Manager is hereby authorized and directed to implement the provisions
of this Ordinance by means of amending the Table set forth in Schedule B, Part III
(Land Development Regulations) of the Code of Ordinances of the City of Sanford.
Section 5. Savings.
The prior actions of the City of Sanford relating to the land development
regulations affected by this Ordinance are hereby ratified and affirmed.
Section 6. Conflicts.
All ordinances or part of ordinances in conflict with this Ordinance are hereby
repealed.
Section 7. Severability.
If any section, sentence, phrase, word, or portion of this Ordinance is determined
to be invalid, unlawful or unconstitutional, said determination shall not be held to
invalidate or impair the validity, force or effect of any other section, sentence, phrase,
word, or portion of this Ordinance not otherwise determined to be invalid, unlawful, or
Page 3 of 4
unconstitutional.
Section 8. Codification.
The actions prescribed in this Ordinance shall become and be made a part of the
Code of Ordinances of the City of Sanford, Florida; provided, however, that the
Sections of this Ordinance shall not be codified.
Section 9. Effective Date.
This Ordinance shall become effective immediately upon enactment.
Passed and adopted this 13 day of December, 2010.
City Commission of the City of
Sanford, Florida
Attester j
Janet Dougherty, CCj Clerk Linda Kuhn, ayor
Approved as to form
\December 13 2010 CC Meeting \Ordinance 4225 \Ordinance 4225.doc
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SCHEDULE B - PERMITTED USES — per Ordinance No. 4225
AND USE CATEGORY
SR -lAA
SR -IA
SR -1
SR -2
MR -1
MR -2
I MR -3
I RMOI
I RC -1+
GC -2+
SC -3+
RI -1
I MI -2
AG
PD
RO
ESIDENTIAL
❑
One - Family Dwelling
♦
D
P
One - Family with Garage
P
P
P
D
P
One - Family with Garage or Carport
P
P
P
P
P
P
D
P
Two - Family Dwelling
P
D
D
D
(1)
D
Mobile Home (3)
P
Multiple Family Dwelling (3)
P
P
P
P (1)
C
C
Townhouses (3)
P
P
P
P
C
C
ISCELLANEOUS
❑
Day Care Facility: 1 to 5 Individuals
P
P
P
P
D
D
D
D
D
P
P
P
6 or More Individuals
(11)
(11)
(11)
D (2)
D (2)
D (2)
P
P
P
D
Community Residential Home (3)
1 to 6 Residents (3)
D(13)
1)(13)
D(13)
D(13)
D(13)
D(13)
P
D(13)
P
P
P(13)
(1,13)
7 to 14 Residents (3)
1
1
11)(14)
D(14)
D(14)
1)(1,15)
D(15)
D(15)
D(15)
(15)
Residential Care Facility - 15 or More
Residents (3)
(16)
(16)
P
P
(16)
Nursing Home
D
D
P
P
P
Boarding House
C
C
C
C
C
Accessory Dwelling Unit
D
D
D
C
C
C
D
C
C
C
C
C
C
Accessory Residential Structure
[�
D
D
I C
C
C
C
C
C
C
Urban Infill Project (24)
C
C
C
C
C
C
C
C
C
C
C
C
C
C
UBLIC AND SEMI - PUBLIC
❑
Noncommercial Amusement Facili
Indoor
C
P
P
P
P
P
C
*
D
Outdoor
C
C
P
C
P
P
C
*
P
Educational Facilities
Elementary School
C
C
C
C
C
C
C
C
P
P
C
C
Middle School
C
C
C
C
C
C
C
P
P
C
C
High School
C
C
C
C
C
C
C
C
P
C
C
College, University or Vocational
School
C
C
C
C
C
P
P
P
P
C
Library
C
C
C
D
P
P
P
C
Cultural Facility
C
C
C
D
D
P
P
*
C
House of Worship
C (4)
C (4)
C (4)
C (4)
C (4)
C (4)
P
C
P
C
Cemetery (2 1)
C
C
C
C
C
C
C
C
P
C
C
C
C
Hospital/Medical Clinic
C I
C
P
C
Public Transportation Terminal
C
C
C
C
C
C
C
Communication Tower (3)
C
C
C
C
C
C
(19)
(19)
C
*
C
Solid Waste Disposal Facility
C
D
D
C
Government Owned Use/Public Facilities (6)
D
D
D
D
D
D
P
P
P
P
P
P
(6)
D
Community Resource Facility (3)
(21)
(21)
(21)
(21)
(21)
(21)
Ord. No. 4225 B - 1
12/13/2010
SCHEDULE B - PERMITTED USES — per Ordinance No. 4225
AND USE CATEGORY
RMOI
RC -I+
GC -2+
SC -3+
RI -I
MI -2
AG
PD
OMMERCIAL
Retail Sales & Service (3)
Indoor
P
P
P
D
D
Outdoor Display - New Merchandise
P
C
C
C
Outdoor Display - Used Merchandise
C
C
C
C
Outdoor Storage
C
C
C
Temporary Commercial
D
D
D
D
D
Business & Professional Office
P
P
P
P
P
P
Bail Bond (12)
C
C
C
C
C
C
Exceptional Uses (3) (20)
C
Nonhazardous Research & Testing Lab. (3)
P
P
P
Business Training Schools
D
P
D (23)
P
P
Restaurant
P
P
P
D
D
Drive -Thru Restaurant
D
P
Sidewalk Cafd
D (22)
k RA NSIENT LODGING & ENTERTAINMENT
Transient Lodging Establishment
P
P
Commercial Amusements
Indoor (Except Adult Performance
Establishments and Adult Arcade
Amusement Centers)
(8)
P
C
Adult Performance Establishment (18)
P
P
Adult Arcade Amusement Center (3)
(12)
(12)
Outdoor (Except Adult Performance
Establishments and Adult Arcade
Amusement Centers)
C
Motion Picture Theater
Indoor
P
P
Outdoor
P
VEHICULAR USES (3)
Vehicular Service (8)
C
D
P
P
Vehicular Repair
D
D
P
Vehicular Rental
D
P
P
Vehicular Rental Office (5)
D
P
P
P
P
Major Equipment Rental (5)
D
P
P
Major Equipment Repair
D
P
Vehicular Dealer Sales (9)
C
Vehicular Accessory Sales and Installation
D
D
D
Ord. No. 4225 B-2
12/13/2010
SCHEDULE B - PERMITTED USES — per Ordinance No. 4225
�AN USE CATEGORY
RMOI
RC -1+
GC -2+
SC -3+
RI -1
MI -2
AG
PD
ISCELLANEOUS BUSINESS AND SERVICES
Funeral Home and/or Crematory (17)
P
C
P
P
+
Laundromat
D
D
D
D
Printing & Publishing
P
P
P
P
Domestic and Business Service Indoor
P
P
P
P
+
Outdoor
D
C
P
P
Landscaping Service Establishment Indoor
P
P
P
P
P
Outdoor
C
P
P
P
+
Auction Sales Establishment Indoor
P
P
P
P
Outdoor
D
P
P
Aircraft Sales Establishment Indoor
P
P
+
Outdoor
P
P
+
Small Animal Boarding Kennel Indoor
C
P
D
P
P
D
Outdoor
C
P
P
D
Veterinarian & Animal Hospital Indoor
C
P
D
P
P
D
Outdoor
C
P
P
D
Welding Establishment (3)
D
P
P
DUSTRIAL
Wholesale & Storage (10)
Nonhazardous (3) Indoor
D
P
P
Outdoor
C
D
P
+
Tank
C
C
P
Hazardous (3) Indoor
C
P
P
Outdoor
C
C
C
+
Tank
C
C
Junkyard (3)
C
Laundry And Dry Cleaning Plant
P
P
P
Manufacturing
Nonhazardous (3) Indoor
D
P
P
Outdoor
C
C
C
Hazardous (3) Indoor
C
P
Outdoor
C
GRICULTURAL
Agriculture
P
Animal Raising
C
Mining (3)
Agriculture Processing Establishment
C
C
C
FOOTNOTES
"P" Indicates that the use listed is permitted as-of -right within the corresponding zoning district (See Schedule C, Area and Dimension Regulations).
"D" Indicates that the use is permitted as a minor conditional use and is allowed within the corresponding zoning district only after review by the
Development Review Team and approval by the Director of Planning and Development Services.
"C" Indicates that the use listed is allowed within the corresponding zoning district only after being approved by the Planning and Zoning Commission as
a major conditional use.
Indicates that the use listed is allowed subject to complying with Planned Development Project Regulations (See Schedule D, Planned Development
Project Regulations).
" +" Schedule S, Historic Preservation, may impose additional regulations in this zoning district.
"A" Only for existing platted lots and new subdivisions with ten (10) or less lots.
Ord. No. 4225 B - 3
12/13/2010
SCHEDULE B - PERMITTED USES — per Ordinance No. 4225
(1) Residential uses in the RMOI Zoning district shall be only in conjunction with office and/or institutional uses.
(2) Day care is only permitted as an accessory use to a residential complex or development and is not permitted in an individual
residential unit.
(3) This use is subject to certain specific requirements. (See Schedule E, Additional Requirements and Provisions for Specific Uses.)
(4) A house of worship located in the SR -IAA, SR -1A, SR -1, MR -1, MR -2 and MR -3 zoning districts shall be permitted to have only
limited educational and day care facilities and only as an accessory use. No facilities defined in Schedule A, Glossary, as
community resource facilities shall be permitted as accessories to a house of worship in these residential zoning districts.
(5) In addition to the parking requirements of Schedule H, the rental use shall provide parking for rental vehicles and/or equipment.
(6) Government owned uses are allowed subject to the same requirements as non - government owned uses of the same type except for
noncommercial amusement facilities which shall be allowed within any zoning district and shall not require conditional use
approval.
(7) Reserved for future use.
(8) Automobile and Truck Service includes the following: Automobile Parking Establishment, Automobile Cleaning Establishment
and Gasoline Service Station.
(9) Automotive Dealer Sales includes the following: Automobile Sales, Truck Sales, Boat Sales, Major Equipment Sales, Mobile
Home Sales, Travel Trailer Sales and Automotive Specialty Sales.
(10) Wholesale and Storage includes the following: Construction and Contractor Yards, Heating Fuel Sales and Nonretail Sales and
Service.
(11) If such use is in conjunction with a church and/or an elementary school, such use is allowed as a conditional use.
(12) Such use is allowed within the corresponding zoning district only after being approved as a conditional use and after approval by
the City Commission.
(13) Such use shall be allowed provided that such use shall not be located within a radius of 1,000 feet of another existing Community
Residential Home.
(14) Such use shall be allowed provided that such use shall not be located within a radius of 1200' of another home in a Multi - Family
Zone or within 500' of a Single Family Zone boundary.
(15) Such use shall be allowed provided that such use shall not be located within 500' of a Single Family zone.
(16) Such use shall be allowed as a conditional use provided that such use shall not be located within a radius of 1200' of another
residential care facility or a community residential home in a multi - family zone or within 500 feet of a single family boundary.
(17) Crematory facilities only allowed in RI -1 and MI -2 Zoning Districts.
(18) Adult Performance Establishments shall comply with all requirements and provisions set forth in Ordinance No. 3185, entitled
"The City of Sanford Adult Entertainment Code" and all other applicable provisions of the Sanford City Code and state law.
(19) Communication towers up to a maximum height of two hundred (200) feet shall be allowed by right. Communication towers
greater than two hundred (200) feet in height shall be allowed only after being approved as a conditional use. Such use is allowed
within corresponding zoning district only after being approved as a Conditional Use. Further, such use shall not be located within a
radius of 1,500' of another such use nor shall such use be located within 300' of a school, church, park or residentially zoned land.
(20) Such use is allowed within corresponding zoning district only after being approved as a Conditional Use. Further, such use shall
not be located within a radius of 1,500' of another such use nor shall such use be located within 300' of a school, church, park or
residentially zoned land.
(21) Such use is allowed within corresponding zoning district only after being approved as a Conditional Use and after approval by the
City Commission. Further, such use shall not be located within a radius of 1,500' of another such use nor shall such use be located
within 300' of a school, church, park or residentially zoned land. The City Commission shall have the authority to 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.
(22) See Schedule E, Section 20.0 for Sidewalk Cafd procedures and requirements.
(23) Business training schools are not permitted on the ground floor.
(24) Schedule E may impose additional requirements on some uses.
Ord. No. 4225 B-4
12/13/2010