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ORDINANCE NO. j f(ou
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA PROVIDING
FOR AMENDMENTS TO ARTICLES II, III AND V AND SCHEDULES
"B", "C", "F" AND "R" OF THE LAND DEVELOPMENT
REGULA TIONS OF THE CITY OF SANFORD AS SET FORTH IN THE
CITY OF SANFORD CITY CODE/CODE OF ORDINANCES; PROVIDING
FOR DEFINITIONS; PROVIDING FO MATTERS RELATING TO
RESIDENTIAL, MULTIPLE FAMILY,
RESIDENTIAL/OFFICE/INSTITTUTIONAL, COMMERCIAL,
INDUSTRIAL, AGRICULTURAL, AND PARKS, RECREATION AND
OPEN SPACE ZONING DISTRICTS/CLASSIFICATIONS; PROVIDING
FOR PLANNED DEVELOPMENTS; PROVIDING FOR ASSIGNMENT
OF ZONING DISTRICTS AND ADOPTION OF ZONING DISTRICT
MAPS; PROVIDING FOR DEVELOPMENT USES, PERMITTED USES,
NONCONFORMING USES, CONDITIONAL USES, RESTRICTED USES
AND GENERAL REQUIREMENTS FOR USES; PROVIDING FOR
ST ANDARDS, CONSTRUCTION, DESIGN, SETBACKS, ACCESS,
YARDS, PARCELS, PARKING, DIMENSIONS, CRITERIA AND
LOADING AND SERVICE AREAS; PROVIDING FOR COMPATIBILITY
ST ANDARDS; PROVIDING FOR DENSITIES AND INTENSITITES,
SIGNS, ENVIRONMENT ALLY SENSITIVE AREAS, HEIGHT ZONES
AND LIMIT A TIONS, LIGHTING AND AREA AND DIMENSION
REGULA TIONS; PROVIDING FOR DEFINITIONS; PROVIDING FOR
HISTORIC LANDMARKS AND DISTRICTS; PROVIDING FOR
AIRPORTS AND AIRCRAFT; PROVIDING FOR CONCURRENCY
MANAGEMENT; PROVIDING FOR GA TEW A Y CORRIDORS;
PROVIDING FOR PROCEDURES AND PROCESSES; PROVIDING FOR
PERMITS; PROVIDING FOR ADMINISTRATION; PROVIDING FOR
CITIZEN AWARENESS AND PARTICIPATION PLANS; PROVIDING
FOR SITE PLAN SUBMITTAL REQUIREMENTS; PROVIDING FOR
ENGINEERING PLAN REVIEW PROCEDURES AND REQUIREMENTS;
PROVIDING FOR MAINTENANCE OF IMPROVEMENTS; PROVIDING
FOR APPROV ALS, DENIALS, V ARIANCES AND APPEALS;
PROVIDING FOR COMMERCIAL VEHICLES; PROVIDING FOR
INOPERABLE OR UNLICENSED VEHICLES; PROVIDING FOR
VIOLA TIONS, REMEDIES AND PENAL TIES; PROVIDING FOR
ADMINISTRATION; PROVIDING FOR LAND DEVELOPMENT
REGULA TIONS AND TABLES/SCHEDULES AFFECTING THE USE OF
LAND; PROVIDING FOR CONFLICTING REGULATIONS; PROVIDING
FOR THE ADOPTION OF ADMINISTRATIVE RULES; PROVIDING
FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING
FOR CODIFICATION AND PROVIDING AN EFFECTIVE DATE.
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WHEREAS, the City of Sanford has complied with all requirements and
procedures of Florida law in processing, noticing and advertising this Ordinance.
NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF
SANFORD, FLORIDA:
SECTION 1. Amendment To Article II of the land Development ReQulations
of the City of Sanford. Article II of the Land Development Regulations of the City of
Sanford is hereby amended to read as set forth in Exhibit "A" to this Ordinance.
SECTION 2. Amendment To Article III of the land Development
Requlations of the City of Sanford. Article III of the Land Development Regulations
of the City of Sanford is hereby amended to read as set forth in Exhibit "B" to this
Ordinance.
SECTION 3. Amendment To Article V of the land Development ReQulations
of the City of Sanford. Article V of the Land Development Regulations of the City of
Sanford is hereby amended to read as set forth in Exhibit "C" to this Ordinance.
SECTION 4. Amendment To Schedule "B" of the land Development
ReQulations of the City of Sanford.
Schedule "B" of the Land Development
Regulations of the City of Sanford is hereby amended to read as set forth in Exhibit "D"
to this Ordinance.
SECTION 5. Amendment To Schedule "C" of the land Development
ReQulations of the City of Sanford.
Schedule "C" of the Land Development
Regulations of the City of Sanford is hereby amended to read as set forth in Exhibit "E"
to this Ordinance.
Ordinance No. '3 Y bD
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SECTION 6. Amendment To Schedule "F" of the land Development
ReQulations of the City of Sanford.
Schedule "F" of the Land Development
Regulations of the City of Sanford is hereby amended to read as set forth in Exhibit "F"
to this Ordinance.
SECTION 7. Amendment To Schedule "R" of the land Development
ReQulations of the City of Sanford.
Schedule "R" of the Land Development
Regulations of the City of Sanford is hereby amended to read as set forth in Exhibit "G"
to this Ordinance.
SECTION 8. Administrative Rules. The City Manager is hereby authorized
to adopt administrative rules that are deemed necessary and appropriate to implement
the provisions of this Ordinance and the Land Development Regulations of the City of
Sanford.
SECTION 9. Exhibits. The exhibits to this Ordinance are hereby incorporated
into the text of this Ordinance as if fully set forth herein verbatim.
SECTION 10. Severabilitv.
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 of this Ordinance.
SECTION 11. Conflicts. All ordinances or parts of ordinances in conflict
herewith are hereby repealed.
SECTION 12. 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,
Ordinance No. 3c('S-o
Page 3
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Florida; that the Sections of this Ordinance may be renumbered or re-Iettered to
accomplish such intention; that the word, "Ordinance," may be changed to "Section,"
"Article," or other appropriate word; provided, however, that Sections 9, 10, 11, 12 and
13 shall not be codified. The Code codifier is granted broad and liberal authority to
codify separate volumes of the Codes and ordinances of the City.
SECTION 13. Effective Date. Except as otherwise provided herein, this
Ordinance shall become effective immediately upon its passage and adoption.
PASSED and ADOPTED thiS~ day of rlLIOg.xr;t- ,2005.
U
CITY COMMISSION OF THE
CITY OF SANFORD, FLORIDA
~'-~- ~~
LIND KUHN, MAYOR
ATTEST:
~;('~~L:lf
J NET R. DOUGHE TY .
CITY CLERK
CERTIFICATE
I, Janet R. Daugherty, City Clerk of the City of Sanford, Florida, do hereby certify
that a true and correct copy of the foregoing Ordinance No. 3QSO , PA~D
AND ADOZlED by the City Commission of the City of Sanford, Florida, on the
day of (j~1.;;-J-- , 2,~ was pos~at the frpnt door of the City Hall in the
City of Sanfor , Florida, on the Iv.,L..:4 day of t:tJA.J' , 2005.
~ikt~
J net R. Dougherty, ity Cler
C; 7'\
Ordinance No. 3 t 5'0
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SECTION 2.1
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ARTICLE II: LAND USE AND ZONING, AND PERFOR1\'I.A...NCE CRITERIA
ZONING DISTRICTS
Consistent with the City's Comprehensive Plan Future Land Use Map and related policies
(Sec. 1.21, Comprehensive Plan), all land and water areas located within the incorporated
territory of the City of Sanford, Florida, shall be designated for use and development based on
the following Zoning Districts which districts shall be reflected on the Zoning District Map for
the City of Sanford, Florida, by the Zoning District Map symbols set forth below. The term
'zoning district' shall be synonymous with the term 'zoning classification.'
RESIDENTIAL DISTRICTS
SR-IAA
SR-lA
SR-l
SR-2
MR-l
MR-2
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Single Family Dwelling Residential. Which shall identify those areas of the
City of Sanford which are intended for one ill-family dwellings on ten thousand
(10,000) square foot lots and related accessory uses.
Single Family Dwelling Residential. Which shall identify those areas of the
City of Sanford which are intended for one-family dwellings on seven thousand
five hundred (7,500) square foot lots and related accessory uses. Where located
on land with a Comprehensive Plan designation of "Low Density Residential," the
gross residential density shall not exceed six (6) units per acre.
Single-Family Dwelling Residential. Which shall identify those areas of the
City of Sanford which are intended for one-family dwellings on six thousand
(6,000) square foot lots and related accessory uses. No new lots shall be platted
with this zoning designation except for plats with ten (0) or less urban infilllots.
Where located on land with a Comprehensive Plan designation of "Low Density
Residential," the gross residential density shall not exceed six (6) units per acre.
Mobile Home Residential. Which shall identify those areas of the City of
Sanford which are intended for mobiles homes and related accessory uses.
Maximum gross residential density shall not exceed six (6) units per acre.
Replacement of existing mobile homes on existing mobile home parks and sites of
record, as of the effective date of the Comprehensive Plan, shall be permitted.
Multiple-Family Residential. Which shall identify those areas of the City of
Sanford which are intended for multiple-family dwellings at a maximum density
of eight (8) dwelling units per acre and related accessory uses.
Multiple-Family Residential. Which shall identify those areas of the City of
Sanford which are intended for multiple-family dwellings at a maximum density
of 15 dwelling units per acre and related accessory uses except, however, that
multiple-family dwellings located adjacent to single-family dwellings or single-
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family zoning districts shall have a maximum density of ten (10) dwelling units
per acre.
MR-3
Multiple-Family Residential. Which shall identify those areas of the City of
Sanford which are intended for multiple-family dwellings at a maximum density
of 20 dwelling units per acre and related accessory uses except, however, that
multiple-family dwellings located adjacent to single-family dwellings or single-
family zoning districts shall have a maximum density of ten (10) dwelling units
per acre.
MULTIPLE F AMIL Y RESIDENTIAL/OFFICE/INSTITUTIONAL (RMOI) DISTRICT
RMOI
Multiple- Family Residential-Office- Institutional.
The multiple-family Residential/Office/Institutional (RMOI) policy district is a
planned mixed use district designed to accommodate business and professional
offices as well as high density multiple family residential opportunities and
institutional uses. The allowable maximum residential density shall be up to a
maximum of twenty (20) units per acre except, however, that multiple-family
dwellings located adjacent to single-family dwellings or single-family zoning
districts shall have a maximum density of ten (10) dwelling units per acre. The
maximum intensity of nonresidential development measured as a floor area ratio
is .35. The mix of residential and officelinstitutional uses shall contain at least
twenty percent (20%) of the lesser use based on intensity and/or density of the
uses.
This land use policy designation district expressly excludes general retail sales
and services, warehousing, and outside storage. Furthermore, this district is
intended for sites which:
(a) Have accessibility to major thoroughfares or are located along the outer
fringe of core commercial areas;
(b) Build on the purpose and function of the central business district and Lake
Monroe waterfront;
(c) Encourage reinvestment in declining residential areas adjacent to commer-
cial core areas;
(d) Have potential to be served by a full complement of urban services;
(e) Contain sufficient land area to accommodate good principles of urban
design, including sufficient land area to provide adequate landscaping and
buffers to separate existing as well as potential future adjacent land uses of
differing intensity;
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(f) Frequently serve as a transition area which buffers residential uses located
in one area from a nearby area which accommodates uses of a higher
intensity.
COMMERCIAL DISTRICTS
RC-l
GC-2
Restricted Commercial. The RC-l district is intended to implement the
Comprehensive Plan "Neighborhood Commercial ((NC) Future Land Use Map
designation and is intended to serve limited areas that are predominantly
residential in character but which require some supporting neighborhood office
and retail establishments. Property assigned to this district should be accessible to
major thoroughfares near residential neighborhoods. The maximum density of
development within the RC-l district measured as a floor area ratio is .35.
Commercial development within this district is intended to serve the
neighborhood in which it is located and is generally restricted to business and
professional offices, neighborhood convenience stores and drug stores, specialty
shops, limited item retail shops and services such as beauty parlors, barber shops,
laundry and dry cleaning pick-up stations. The RC-l district is not intended to
accommodate large scale retail sales, service or trade activities or residential
development except for single-family and duplex units approved as a minor
conditional use.
General Commercial. The GC-2 district is intended to implement the
Comprehensive Plan "General Commercial" (GC) Future Land Use Map
designation. Properties assigned this district should accommodate community-
oriented retail sales and services; highway-oriented sales and services; and other
general commercial activities. The GC-2 district is intended to include the
easterly portion of the First Street business district. The general commercial
designation also is intended to include pre-existing commercial corridor
development along such major thoroughfares as French Avenue, Orlando Drive
(US 17-92), and strategic intersections along Airport Boulevard. The GC-2
district generally shall be located in highly accessible areas adjacent to major
thoroughfares which possess necessary location, site, and market requirements.
The maximum intensity of general commercial development measured as a floor
area ratio is .35.
Transient residential facilities including hotels and motels, or residential care
facilities are permitted uses in this zoning district.
SC-3 Special Commercial. The SC-3 district is intended, in part, to implement the
Comprehensive Plan's Waterfront Downtown Business District (WDBD) Future
Land Use Map designation for mixed use residential and general commercial uses
as well as related accessory uses.
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The SC-3 district is intended to provide a planning and management framework
for promoting development and redevelopment within the core of the Downtown
Commercial Area, the central business district, including the Lake Monroe
waterfront, the historic downtown commercial area, and its environs as designated
on the Future Land Use Map Series. As such, the parking standards of Schedule H
shall not apply to existing buildings in this district as of the date of adoption of
these revisions to the land development regulations.
In the SC-3 district, the maximum intensity of development measured as a floor
area ratio is 2.0 east of U.S. 17/92 and .35 west of U.S. 17/92 for commercial
development and .50 throughout the district for industrial development. The
maximum density of residential development is 50 units per acre.
INDUSTRIAL DISTRICTS
The following industrial districts are designed to implement the Comprehensive Plan Future
Land Use Map "Industrial" designation. Industrially designated areas are not adaptive to
residential use and as such residential activities shall not be located in areas designated for indus-
trial development. This provision shall not prohibit residences for exclusive use by night
watchmen or custodians whose presence on industrial sites is necessary for security purposes.
RI-I Restricted Industrial. This district includes areas of the City of Sanford which
are intended for light wholesale and manufacturing uses and related accessory
uses. The maximum intensity for industrial development shall be a floor area
ratio of .50.
MI-2 Medium Industrial. This district includes those areas of the City of Sanford
which are intended for heavy wholesale and manufacturing uses and related
accessory uses. The maximum intensity for industrial development shall be a
floor area ratio of .50.
AGRICUL TURAL DISTRICT
AG
Agriculture. The Agricultural (AG) district is intended to implement the
Comprehensive Plan "Suburban Estates" (SE) Future Land Use Map designation.
Residential densities in this zoning district shall not exceed one (1) dwelling unit
per one (1) acre.
PARKS. RECREATION AND OPEN SPACE DISTRICT
PRO Parks. Recreation and Open Space. The Parks, Recreation and Open Space (PRO)
district is intended to implement the Comprehensive Plan's future land use district of
the same name and to distinguish Sanford's parks, recreational facilities and opens
space facilities from other uses. Properties assigned to this district have developed
City parks and areas of significant open space, including cemeteries. Parks and
recreation areas should be readily accessible at the neighborhood and community
level. Parks shall be developed and redeveloped according to the level of service
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standards for parks and recreational facilities, community demand and community
input. While parks generally provide outdoor recreational facilities, community
centers and indoor facilities are also permitted up to a floor area ratio of .50 .
Site plans for recreation and open space shall incorporate measures which mitigate
against land use incompatibility as well as adverse environmental impacts and shall
include appropriate buffering, landscaping and screening.
PLANNED DEVELOPMENT
PD
Planned Development. Properties assigned the Planned Development zoning
district are intended for residential and nonresidential uses that utilize flexible and
creative site design to achieve a more desirable environment and more efficient
land use. If proiects are not located in one of the maior activity centers noted
below, the proiect shall be a combination of two or more land uses from the
following categories: commercial/office, industrial, single-family residential,
multiple-family residential, public/semipublic and transient lodging/entertainment
in order to be considered for the Planned Development zoning classification. The
mix of uses shall contain at least twenty percent (20%) of the lesser use.
The planned development land management strategy is a technique for
negotiating innovative development options and a design to achieve public
objectives such as natural resource protection, which might not otherwise be
achieved. In addition, planned development district regulations shall be used to
manage development of industry and commerce in the following major activity
centers: (1) the 1-4 High Intensity area; (2) the Westside Industry and Commerce
area; and (3) the Airport Industry and Commerce Center, all of which are
delineated on the Comprehensive Plan Future Land Use Map. The planned
development district regulations shall also manage urban infill projects. The
underlying Comprehensive Plan land use designation shall control the maximum
density/intensity for planned unit development.
SECTION 2.2
ASSIGNMENT OF ZONING DISTRICTS AND ADOPTION OF
ZONING DISTRICT MAP
A. Adoption of Zoning District Map. All land and water areas located within the
incorporated territory of the City of Sanford, Florida, are hereby assigned the Zoning
Districts reflected on the Zoning District Map for the City of Sanford, Florida, adopted
incident to and as a part of this Ordinance, a certified copy of which is located in the
Office of the Administrative Official. Changes, amendments and reassignment of
districts thereon shall be made only in accordance with the provisions of or by
amendment to this Ordinance.
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B. Interpretation of Zoning District Map Boundaries. The following rules shall be used
to interpret the exact location of the Zoning District boundaries reflected on the Zoning
District.
1. Where a zoning district boundary approximately follows a parcel or property line,
that line is the boundary of the zoning district.
2. Where a zoning district boundary follows a street or railroad the centerline of the
street or railroad right-of-way is the boundary of the zoning district.
3. Where a zoning district boundary follows a stream or canal or a lake or other
body of water, the centerline of such stream or canal or the shoreline of such lake
or other body of water is the boundary of the zoning district.
4. Where a zoning district boundary does not clearly follow any of the features
mentioned above, its exact location on the ground shall be determined by
measurement according to map scale and/or legal descriptions of the land area
involved which are filed in the Office of the Administrative Official and related to
the zoning district question.
5. In any instance in which the exact location of a zoning district boundary is not
clear, the Administrative Official shall apply the criteria herein cited to confirm
the exact location prior to issuing a Site Development Permit or Certificate of
Completion. The applicant may appeal the decision of the Administrative Official
in the manner set forth in this Ordinance.
C. Unzoned Areas. If any land and/or water area does not appear to have an identifiable or
specific zoning district map symbol reflected on the Zoning District Map, the Planning
and Zoning Commission shall initiate an amendment to the Zoning District Map within
thirty (30) days after notification of such fact in order to establish a zoning district for
such area and no site development permits or certificates of completion shall be issued
for such areas until after the City Commission has taken final action on the proposed
amendment.
D. Currency of Zoning District Map. The Administrative Official shall ensure that all
zoning district boundaries are accurately reflected on the Zoning District Map.
If a proposed development is for a combination of uses, the acreage required for each use shall
be determined independently based on the floor area ratio or the density for each individual use
such that no acreage shall be dedicated for more than one use.
SECTION 2.3
PERMITTED LAND USES
^
L .a..
Land Use Classification. For purposes of administration of this Ordinance, the
Administrative Official shall classify existing and future uses of premises based upon the
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B.
fl t d on Schedule ^ Land Use Classifications, in accordance ';'lith the
uses rB ec e . ~,
definitions contained in this Ordinance.
Permitte~ Uses For Lots And Traets. A site development permit and, under.appropriate
. tances a certificate of completion for individual lots or tracts shall be Issu~d up~n
CIrcums , e . j3emnHee In
the ^ dministrati"e Official's determination that the propose use IS one . h
Sch~dule B, Pe~itted Uses, and that the proposed use of t~e.lot or .tract conforms. \Vlt
all applicable provisions of this Ordinance in~luding the specific reqUIrements establIshed
in Schedule C, Area .^~nd Dimension RegulatIOns For Lots And Tracts.
Permitted Uses For Planned Development Projects. A ~ite deYelop~ent permit and,
under appropriate circumstances, a certificate of completIOn shall. be I~sued upon the
^ dministrative Official's determination that the uses are ones ~ermltted m. ~cheduie :'
P~rmilled Uoos, tRat tRe propooed Hoe oORforms witll all applIoable provl.loR. ~UfI~::
Ordinance including the specific reqUIrements establIshed m Schedul~ D, P d
Development Proiect Regulations and that a planned ~evelop~~~~, project p,l,an an
related supplementary data and material h.as be~n submitted, re\ Ie n ed, appro, cd and
filed in accordance "'lith the provisions of thIS Ordmance.
Pitted Use For Manufactured Housing. Manufactured housing ma?' be permitte~ in
al~::idential districts within the City if the units comply with the follo'.vmg standards.
C.
D.
E.
City's adopted building codes; .
State of Florida building standards of Chapter 320 and 553, F.S.,
US. Department of Housing and Urban Development Manuf~ctured Home
Construction and Safety Standards of 1971 (i.e., Sec. 320.823, F.S.),
All applicable provisions of the Comprehensive Plan and the land development
regulations.
A ffordable Housing. The City of Sanford shall apply generally accepted land ~se
~riRciplos ..d prootioe. iR determiRiRg whether to approve sitos for affmdable :O:B1Rg
eciall ' desi ned to accommodate low and moderate income households w IC ~re
::Rsis~Rt wit; the Compreheooive PI.., Policy 3 1.1.4, Sohernde T, Afford~I,~ ~ouom~
of these land development regulations, and all other applIcable land e, e opmen
re~ulations as herein stated.
/;;>
1.
2.
3.
1.
SECTION 2.4
Additional requirements and provisions for certain s~~cific uses shall be as set forth in Schedule
E ^ dditional Requirements and Provisions For SpecifIc Uses.
, ,LA.
ADDITION:\L REQUIREMENTS FOR SPECIFIC USES
SECTION 2.5
CENERA....L REQUIRE1\iENTS FOR BUILDINCS, Pf...RCELS,
BUILDINC SETBACKS AND Y.A....RDS
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General re uirements for the location and dimension of buildings, parc~ls,. building setbac~s ~nd
, d hallqbe as set forth iH Schedule P, GCHcral ReQuirements For BUlldlHgs,Parccls;,~~~ldmg
~::b:~cs And Y urds and Schedule I, Base Building Line .^~nd DesIgnated RIght of .. a, LIne
Requirements For Specific Streets.
REQUIRE1\ffiNTS FOR VEHICUL\R ACCESS,
LO.AADINC .A...ND SERVICE .AAREfAS
. I . e related matters shall be as set forth in
~~~~~~:e~~s R:~~ir~~~~~~a~o;c~~:~ici::~~~d ~es.if:nated Right of Way, and Schedule H,
Minimum .^~utomobile Off Street Parking Space ReQmrements.
SECTION 2.()
PARKINC,
SECTION 2.7
LA NDSC A PE LAND USE C01\fll A TIBILITY REQillRE1\ffiNTS
FOR SETBACKS: BUFFERS .AAND VISU.AAL SCREENS AND TREE
PROTECTION
Landscape requirements,. land ~;.e cos:~a~:~li%n~~~Ui~~~~~~: ~~rd Sfr:~if~ro~:~:iO~ndan~O~~::
~~~:~~~~atit~~t r:~~:re:=::~ S~~~l ~~ :s set forth in Schedule J, Landscape, Buffer and Tree
Requirements.
SECTION 2.8
The requirements and limitations respecting the use of existing no~conforming. st~uctu;~;o~:~
. si ns nonconforming designated planned deve opment projec s, p
~~~~o:~~:7~~~~~~in:s a~d existing undeveloped no~c.onforming parcels of record shall be as
set forth in Schedule L, Nonconforming Land Use ProVISIOns.
NONCONFORMINC LAND USE PROVISIONS
SECTION 2.9
SICNS
Requirements for signs shall be as set forth in Schedule K, Si;::n Ref:ulations.
SECTION 2.10
Re uirements and limitations respecting the use of land an~or water areas designat~~ ~s
." ~llHds flood hazard areas. wcllfield prote.60H ZOHCS, aqUifer recha;gc are"": f100d_ait:
~~and \":ildlife habitats and soil limitations shall be set forth in Schedule M, Envlronmenta )
Sensitive Lands.
ENVIRON1\ffiNT.AALL Y SENSITIVE fAREfAS
H . e 'f e tAe F'HtHfe Land Use Map as
En'.'ironmentally senSitive areas are genera Y I entl Ie ~n "
Resource Protection (RP) land use designation. Prior to the Issuance of a de, elopm~n~ or?er o~
de"elo ment crmit of whatsoever nature, each applicant must demonstrate, to ~he satIs actIOn 0
th~ Cit~" com~liance with all applicable Federal, State, regional and other applIcable la'.vs, rules
and regulations.
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SECTION 2.11
CONSTRUCTION .\ND DESICN ST.A~NDf~RDS
R' t especting the design and construction specifications for streets, drainage, paving,
eqUlremen sr. .. Rile s set feFtR
utilities and other similar and/or related required impro'.'~ments and ~CtI'lltIeS ~ a ~ aSh dule
in Schedule N, Subdivisions, Streets, Lot and Tract ~eSlgn an~ Pavmg R~q~l~~e~ sp ~t~ities
0, Drainage, Easements and Site PreparationlExcavatIOn ReqUIrements an c e u e ,
Standards and Specifications.
SECTION 2.12
Requirements for the preser'.'ation o.f historic st~ctures and landmarks and historic districts shall
be as set forth in Schedule S, Histonc PreservatIOn.
HISTORIC L\ND1\fARKS AND HISTORIC DISTRICTS
SECTION 2.13
AIRPORTS AND AIRCRi\FT
. . . t\.. tR aimort zoning district as set forth m
Requirements for land uses and actIvItIes wi lJin e '1""
Schedule R, '^1irports and Aircraft.
The horizontal and vertical limits beyond which the projecti?n of an~ structure o~'ltre~ \~~ll
constitute an airport hazard are identified on the Airport Height Zonmg Map on I e m e
Department of Engineering and Planning.
SECTION 2.11
CONCURRENCY M.A~NACEMENT
Procedures re uired for concurrency management are included i~ ~'\rticle VIII, Conc~rrency
Procedures an~ adopted le'lel of service standards and a descnptIO~ of methodolOgies are
. I d d' S hedule Q Le"el of Sef"ice Requirements and MethodologIes.
mc u e m c " ,
SECTION 2.15
Requirements for Gateway Corri~or .De'.'elopment standards shall be set forth in Schedule U,
Gateway Corridor Development Dlstncts.
C.A~ TEWA Y CORRIDOR DEVELOPMENT DISTRICTS
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ARTICLE III PROCEDURES FOR DEVELOPMENT APPROVAL
SECTION 3.1
ADMINISTRA TION
A. Administrative Official. The City Manager shall appoint an Administrative Official who
shall be charged with the authority to administer the Land Development Regulations and
to enforce the regulations and procedures contained herein. The Administrative Official,
in the performance of his duties and functions, may enter upon any land and make
examinations and surveys that do not occasion damage or injury to private property. For
the purpose of performing any of the duties and functions necessary to administer and
enforce the Land Development Regulations, the Administrative Official may appoint any
appropriate persons as deputies who shall have and exercise the authority of the
Administrative Official, except the authority to appoint deputies.
B. Development Review Team.
1. Establishment and Membership. Development Review Team is hereby
established which shall be composed of officials of City departments, divisions
and agencies responsible for reviewing land development proposals. The
following City officials or their designated representative may be members of the
Development Review Team:
a. Administrative Official
b. Building Official
c. City Engineer
d. City Planner
e. Director of Utilities
f. Director of Public Works
g. Fire Marshall
In addition, the Administrative Official may appoint additional members to serve on the
Development Review Team and seek guidance from the City Attorney as needed.
2. Officers and Procedures. The Chairman of the Development Review Team shall
be the Administrative Official. The Development Review Team may elect a
Vice-Chairman from among its members. The Administrative Official shall
appoint a Secretary to the Development Review Team to keep a record of its
findings, decisions and recommendations, which shall be a public record and shall
be maintained in the Office of the Administrative Official. Meetings of the
Development Review Team shall be held at the call of the Chairman and/or at
such times as the Development Review Team shall determine.
3. Powers and Duties. The Development Review Team shall have the power to
review applications for annexation, subdivisions, site plans, street vacations,
planned development projects, developments of regional impact and other
applications referred to the Team by the Administrative Official. In reviewing
such applications the Development Review Team shall recommend approval,
denial or approval with conditions, amendments or modifications. The
Development Review Team's recommendations shall be by consensus of the
members. The Development Review Team shall transmit its findings, decisions
and recommendations to the appropriate reviewing authority, including but not
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limited to, the City Commission and the Planning and Zoning Commission. The
powers and duties of the Development Review Team shall include other
responsibilities and authority as specifically set forth in this Ordinance.
4. General Considerations By The Development Review Team. The
Development Review Team has the authority to consider the following in its
recommendations:
SECTION 3.2
a.
Whether an application and/or a plan is consistent with applicable goals,
objectives, policies, standards and proposals in the Comprehensive Plan.
b.
Whether all public facilities and services necessary to serve the proposed
use shall be available concurrent with the actual impact of the use in
question.
c.
Whether the established level of service of public facilities necessary to
serve the development or phase thereof shall be adversely impacted by the
proposed use or activity.
d.
Whether the proposed development mInImIZeS adverse impacts to
surrounding properties.
e.
Whether the proposed use, development or activity is in the best interest of
the City.
DEVELOPMENT APPROVAL
Development shall be approved either as-of-right, as a minor conditional use or as a major
conditional use according to Schedule B, Permitted Uses.
A. As-of-Right Development. Uses permitted as of right are those uses that are permitted
in the zoning category and compatible with other land uses in the zoning category and
developed in conformity with the City's land development regulations without the need
for a variance.
As-of-right developments are approved by the Administrative Authority. No public
hearing or notice is required.
B. Minor Conditional Uses. Minor Conditional uses are those uses which are generally
compatible with the other land uses permitted in a land use district, but which require
individual review of their location, design and configuration and the imposition of
conditions in order to ensure the appropriateness of the use at a particular location.
Minor conditional uses are approved, approved with conditions or denied by the
Administrative Authority after a review and a recommendation by the Development
Review Team (DRT) at a public meeting.
C. Major Conditional Use. Major conditional uses are uses which would not be generally
compatible with, or appropriate in, the zoning district in which it is located and which
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could impair the integrity and character of the specific area in which it is located or
adjoining areas unless restrictions or conditions on location, size, extent, character and
time of performance are imposed in addition to those specifically imposed by the City's
land development regulations.
Major conditional uses are approved, approved with conditions or denied by the Planning
and Zoning Commission at a public hearing.
SECTION 3.3
PREAPPLICA TION CONFERENCE
A. Applicability. The following shall apply to all proposed development within the City of
Sanford.
1. A preapplication conference is recommended prior to the submittal of any
development application.
2. Applications for conditional uses or variances for one and two family dwellings
shall not require preapplication conferences.
3. A preapplication conference shall be required pnor to the submittal of the
following types of applications.
(a) Conditional Use.
(b) Variance.
(c) Planned Development Project.
(d) Master Plan.
(e) Preliminary Subdivision.
(f) Minor Subdivision.
B. Purpose: The purpose of the preapplication conference is to acquaint the participants
with the requirements of these land development regulations and the views and concerns
of the City of Sanford prior to the submittal of any formal application for development
approval. Depending on the scope of the proposed project, an applicant may meet with
the Administrative Official or his or her designee or with the Development Review
Team. Comments made at the preapplication conference are intended to provide
guidance and are nonbinding on the formal review of the development plans.
c. Submittal Requirements. Prior to the preapplication conference, the applicant shall
provide the following information:
1. A description of the character, location and magnitude of the proposed
development.
2. A survey, preliminary site plan or copy of the plat of the parcel proposed for
development.
3. A written list of any deviations from the land development regulations proposed
by the applicant.
4. Any questions or concerns regarding the development review process or the land
development regulations.
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SECTION 3.4 PROCEDURES FOR AS-OF-RIGHT DEVELOPMENT APPROVAL
A. Purpose. Uses permitted as of right are those uses which are compatible with other land
uses in a land use district provided they are developed in conformity with the City's land
development regulations.
B. Application. An applicant for development approval for a use permitted as of right shall
submit an application for development plan review, including a site plan and an
engineering plan and a description of the proposed development to the Planning and
Development Services Department.
C. Action on the Application. The application shall be reviewed by the Development
Review Team which will make a recommendation to the Administrative Authority. If the
Administrative Authority determines that the proposed development is in compliance
with all requirements of the City land development regulations and the City
comprehensive plan, he shall approve the application.
D. De Minimus Variance Allowed. The Administrative Authority shall have the ability to
grant a de minimus variance of fifteen percent (15%) or less of any standard or term in
any article listed in Article V, Section 5.01, Variances.
E. Variance Required. A variance application shall be submitted to the Planning and
Zoning Commission by an applicant who requests a variance greater than fifteen percent
(15%) to any standard or term of the Schedules enumerates in Article V, Section 5.01,
Variances.
F. Planning and Zoning Commission Review. The Development Review Team shall have
the authority to refer any as-of-right application to the Planning and Zoning Commission
upon a finding of fact that the application does not comply with the City's land
development regulations.
SECTION 3.5
STANDARDS APPLICABLE TO ALL CONDITIONAL USES.
In considering and acting upon an application for Conditional Use the Planning and Zoning
Commission or the Administrative Official shall observe the following standards and make
findings as to whether the application meets the standards, except that, pursuant to Article VIII,
one and two family dwellings shall be exempt from concurrency review:
A. The conditional use must be consistent with the goals, objectives and policies of the
Comprehensive Plan and the land development regulations.
B. Public facilities and services including, but not limited to, roadways, park facilities,
schools, police and fire protection, drainage systems, refuse and disposal systems, water
and sewer must be adequate to serve the proposed use.
C. The proposed develop must not adversely affect known archeological, historical or
cultural resources.
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D. The design of the proposed development must minimize adverse effects, including, but
not limited to, visual, noise and traffic impacts, of the proposed use on the surrounding
properties.
E. The conditional use must be compatible with the nature and intensity of the development
surrounding the premises and with the community character of the immediate vicinity of
the parcel proposed for development.
F. The location and topography of the premises proposed for development must make the
use an appropriate use which will not adversely affect the public interest.
It shall be the burden of the applicant to prove compliance with said standards prior to the
issuance of a Development Order.
SECTION 3.6
REVIEW PROCEDURES FOR ALL CONDITIONAL USES
A. Application For Conditional Use. Any owner or an owner's authorized agent who
desires to construct, enlarge or alter any building or structure or to occupy any existing
structure or premises for a use permitted only as a Conditional Use shall first make
application to the Planning and Development Services Department for approval of such
Conditional Use. The procedure for securing an order approving a Conditional Use shall
be as follows:
All applications for Conditional Use shall be in the form required and provided by the
Administrative Official. Such application shall be submitted to the Administrative
Official together with the established fee, a site plan and all supplemental data or
information staff deems necessary to permit determination of the extent and probable
impact of the proposed use and the proposed use's compliance with the Land
Development Regulations. The application form, site plan, supplemental data and fee are
collectively called the "complete application". Incomplete applications may be returned
unprocessed.
An applicant for approval of a Preliminary Subdivision Plan in conjunction with a
Conditional Use shall also submit at least nine (9) copies of the preliminary subdivision
plan folded to nine (9) inches by twelve (12) inches and supplementary materials required
to accompany such plan as prescribed in Article VI, Section 6.6 of the Land Development
Regulations to the Administrative Official, such plan and supplementary materials
collectively hereinafter called the "proposed Preliminary Subdivision Plan."
B. Conditional use permits and bulk regulations. The Administrative Official or the
Planning and Zoning Commission may approve a conditional use permit that modifies or
waives the requirements of Schedules C, D, E, F, H, J, K and U, provided that the
Official or Commission expressly finds that the modification or waiver will enhance the
ability of the proposed conditional use to meet the general standards for all conditional
uses set out in subsection 3.5 of this Article.
C. Conditions. The Administrative Official or the Planning and Zoning Commission may
attach such conditions to a conditional use pelmit as are necessary to carry out the
purposes of the plan and to prevent or minimize adverse effects upon other property in
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the neighborhood, including but not limited to limitations on size, bulk and location;
requirements for landscaping, lighting and provision of adequate ingress and egress and
off-site but project-related improvements; duration of the permit; hours of operation; and
mitigation of environmental impacts. The Planning and Zoning commission or the
Administrative Official may attach a condition requiring submission and approval of a
final development plan before development is commenced for either a minor or major
conditional use.
D. Intergovernmental Coordination. All development applications shall be coordinated,
as appropriate, insofar as practicable, with all appropriate entities of government.
E. Development Order Granting Conditional Use. The written order shall grant the
application, in whole or in part, under such terms and conditions as are determined to be
appropriate.
1. All development orders shall be in writing and shall contain the following:
(a) The name of the property owner and the name of the proposed
development.
(b) The legal description of the property and, where appropriate, the street
address.
(c) A precise description of the development activity being approved.
(d) Reference to the approved plans or blueprints including name of the
preparer and the date of the plans.
(e) Any special conditions of the development approval.
(f) The expiration date of the development order.
2. The written development order shall be incorporated into the minutes of the
meeting at which such action occurred.
F. Effect and Limitation of Approved Order. An order granting a conditional use or
variance, and a Site Development Permit or Certificate of Completion issued pursuant
thereto, shall be deemed applicable to the parcel for which it is granted and not to the
individual applicant provided that no order or Site Development Permit or Certificate of
Completion issue thereto shall be deemed valid with respect to any use of the premises
other than that specified in the approved application.
G. Recording of the Development Order. No development order approving, or approving
with conditions, a variance or a conditional use shall become effective until said
development order is recorded in the official records of Seminole County.
H. Time Limit of Development Order. A development order shall become null and void
one (1) year from the effective date unless all or specified portions of the development as
defined in the order are commenced. However, the approving body may impose specific
time limits other than one (1) year on the approval. The development order shall also
become null and void if all construction is not completed within three (3) years from the
effective date of the development order unless otherwise specified in the development
order.
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G. Extension of Development Order. A development order may be extended by the
Administrative Official for a period not to exceed six (6) months if the request for the
extension is made before the development order becomes null and void.
H. Concurrency Management. No final development order shall be granted for a proposed
development until there is a finding that all public facilities and services have sufficient
capacity at or above their adopted level-of-service (LOS) to accommodate the impacts of
the development, including traffic impacts, or that improvements necessary to bring
facilities up to their adopted LOS will be in place concurrent with the impacts of the
development, as defined in Schedule Q, Concurrency Management, of these land
development regulations or that the proposed development is exempt from concurrency.
SECTION 3.7
PROCEDURES SPECIFIC TO MINOR CONDITIONAL USE
DEVELOPMENT APPROVAL
1. Application for a Minor Conditional Use Approval. An application for a minor
conditional use approval shall be submitted to the Planning and Development Services
Department in the form provided by the Administrative Official. If approval of a plat is
required for the proposed development, an application for plat approval shall be
submitted in conjunction with the application for a conditional use permit.
2. Review by the Development Review Committee. An application for a minor
conditional use permit shall be reviewed by the DRT. The DRT shall forward its report
and recommendation on the application for a minor conditional use permit to the
Administrative Official within ten (10) working days of its determination of
completeness.
3. Decision by the Director of Planning. Within ten (10) working days after receiving the
report and recommendation of the development review committee, the Administrative
Official shall render a development order granting, granting with conditions or denying
the application for a minor conditional use pelmit.
4. Notice of Granting a Minor Conditional Use Permit. The Administrati ve Official shall
give notice of any development order granting a minor conditional use by publishing a
notice of the intent to issue the minor conditional approval in a newspaper of local
circulation in the county by advertisement in the legal section.
5. Public Hearing on an Application for a Minor Conditional Use Permit. A public
hearing on an application for minor conditional use, if requested by the Administrative
Official, applicant, an adjacent property owner, or an aggrieved or adversely affected
person shall be conducted by the Planning and Zoning Commission in accordance with
the provisions of subsection 3.8 of this Article.
SECTION 3.8
PROCEDURES SPECIFIC TO MAJOR CONDITIONAL USE
DEVELOPMENT APPROVAL
In considering and acting upon applications for Conditional Use (including applications for
amendments to Preliminary Subdivision Plans approved as conditional uses), the following
procedures shall be observed:
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A. Referral to Development Review Team. Upon receipt of a complete application for a
Conditional Use, the Administrative Authority shall schedule the application at the next
available meeting of the Development Review Team. The recommendation of approval,
approval with conditions or denial and findings of consistency with the Standards
Applicable to All Conditional Uses of the Development Review Team shall be
transmitted in writing to the Planning and Zoning Commission by the Administrative
Official.
B. Planning and Zoning Commission Action on Application. The Planning and Zoning
Commission shall hold a public hearing upon the application in accordance with the
procedures in this section and enter its order granting or denying such application for
conditional use. In granting any application, the Planning and Zoning Commission must
make specific findings that the location, configuration, topography and nature of
development surrounding the premises proposed for such use makes such use an
appropriate one which will not adversely affect the public interest and may prescribe
appropriate conditions and safeguards which shall become a part of the terms under
which a Site Development Permit and Certificate of Completion shall issue.
C. Date of Hearing. Hearings shall be held by the Planning and Zoning Commission at a
date and time fixed by the Administrative Official.
D. Notice. Notice of the hearing shall proceed in the following manner:
1. Upon a determination of the meeting date, the Administrative Official shall cause
a notice of such hearing to be published at least once in a newspaper of general
circulation in the City of Sanford with such publication to be at least ten (10) days
prior to the date of the hearing. The notice shall include:
(a) Location, date and time of the hearing.
(b) A description of the location of the parcel proposed for development
sufficient to identify the site to the general public.
(c) A brief description of the proposal being considered.
(d) Identification of the body conducting the hearing.
(e) Type of application being considered.
2. The Administrative Official shall also mail similar notices setting forth the time,
place and purpose of the hearing to:
(a) the applicant;
(b) the owner of the property described in the application, if other than the
applicant; and
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(c) the owners of every parcel of land within a distance of two hundred (200)
feet from the property line of the property described in the application. In
addition, the Administrative Official shall cause notices of the hearing to
be posted in a conspicuous place or places on or about the land described
in the application.
3. Affidavit proof of the required publication, mailing and posting of the notices
shall be presented at the hearing.
4. For purposes of determining the name and address of persons entitled to notice
under this Section, the owner of property shall be deemed to be the person who is
so identified in the most current tax roll certified for collection and maintained in
the office of the Seminole County Tax Collector. Such notice shall be mailed at
least ten (10) days prior to the scheduled hearing date.
E. Appearance and Argument. At any hearing upon any matter subject to the provisions of
this Section, the applicant seeking action and any other party desiring to be heard upon
the application may appear in person, by agent or by attorney. The applicant shall be
entitled to make an initial presentation respecting the application and, at the conclusion of
presentations or statements by all other parties, shall be entitled to offer a statement in
rebuttal to such presentations if the applicant so desires. The Chairman may, at the
commencement of the hearing upon each application or at any time during such hearing,
require that parties desiring to make a presentation identify themselves and may specify
the time to be allowed each such party within which to make such presentation.
F. Decision and Order by the Planning and Zoning Commission. Action by the Planning
and Zoning Commission upon any matter subject to the provisions of this Section shall be
announced by the Chairman immediately following the vote determining such action. All
actions to approve or to approve with conditions shall thereafter be embodied in a written
order prepared by the Administrative Official in conjunction with the City Attorney.
G. Consecutive Applications. When the Planning and Zoning Commission has denied an
application for a conditional use, no application for the same relief shall be accepted by
the Administrative Official for consideration by the Planning and Zoning Commission for
a period of one (1) year from the date of the original action, provided however, that an
applicant may request waiver of the time restriction and the Planning and Zoning
Commission may waive this provision for proper cause after a hearing in conformity with
the provisions of this section.
SECTION 3.9 CITIZEN AWARENESS AND PARTICIPATION PLAN (CAPP)
A. Applicability.
1. These requirements apply in addition to any other notice proVIsIons required
elsewhere in this Code. At the discretion of the Administrative Official,
applications for the following land use decisions may include a Citizens
Awareness and Participation Plan (CAPP):
· Planned Developments;
. Variances involving a non-residential use;
. Subdivision Plans;
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. Other land use or development applications.
2. These requirements apply in addition to any other notice provisions required
elsewhere in this Code.
3. The requirement of a CAPP is not intended to produce complete consensus on all
applications, but to encourage applicants to be good neighbors and to allow for
informed decision making.
B. Purpose. The purpose of the requirement of a CAPP is to:
1. Further implement the public participation provIsIOns of the City's
Comprehensive Plan.
2. Ensure that applicants pursue early and effective CItIzen partIcIpation in
conjunction with their applications, giving them the opportunity to understand and
mitigate any real or perceived impacts their application may have on the
community.
3. Ensure that CItIzens and property owners are provided with an adequate
opportunity to learn about applications that may affect them and to work with
applicants to resolve concerns at an early state of the process.
4. Facilitate ongoing communication between the applicant, interested citizens and
potentially affected property owners, City staff and elected officials throughout
the application review process.
c. Submittal Requirements. The applicant may submit a CAPP and begin implementation
prior to formal application at the applicant's discretion. This shall not occur until after the
required pre-application conference or consultation with the Planning Division has
occurred.
At a minimum the CAPP shall include the following information:
1. Identification of the residents, property owners, interested parties, political
jurisdictions and public agencies that may be affected by the proposed
development.
2. Description of how notification will be provided to those interested in and
potentially affected by the proposed development.
3. Description of how information will be provided to those interested and
potentially affected relative to the substance of the change, amendment or
proposed development for which approval is sought.
4. Description of the means by which, and with whom, an opportunity will be
provided to those interested or potentially affected to discuss the proposal and
express any concerns, issues, or problems well in advance of the first public
hearing.
5. The applicants schedule for completion of the CAPPo
6. The means by which the applicant will keep City officials informed on the status
of citizen participation efforts.
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D. Target Area for Citizen Notification. The level of citizen interest and area of
involvement will vary depending on the nature of the application and the location of the
proposed development. The target area for early notification will be determined by the
applicant after consultation with the Planning staff. At a minimum, the target area shall
include the following:
1. Property owners within the public hearing notice area as required by other
sections of this Code.
2. The officers of any homeowners association or registered neighborhood group
within the public notice area required by other sections of this Code.
3. Other interested parties who have requested to be placed on an interested parties
notification list maintained by the Planning Division.
E. CAPP Report. When a CAPP is required, the applicant shall provide a written report on
the results of the citizen participation efforts prior to the notice of public hearing. This
report will be attached to the City staff's public hearing report. The report shall, at a
minimum, contain the following information:
1. Details of techniques used to involve interested and potentially affected parties,
including:
. Dates and locations of all meetings where citizens were invited to discuss the
applicant's proposal.
. Content, dates mailed, and numbers of mailings, including letters, meeting
notices, newsletters and other publications.
. Location of residents, property owners and interested parties who received
notices, newsletters, or other written materials.
. The number and names of people that participated in the process.
2. A summary of concerns, issues and problems expressed during the process and
proposed methods of resolution, including:
. The substance of the concerns, issues and problems.
. The manner in which the applicant has addressed or intends to address these
concerns, issues and problems.
. The concerns, issues and problems the applicant is unwilling or unable to
address and why.
SECTION 3.10
SITE PLAN SUBMITTAL REQUIREMENTS
All site plans and required supplementary material shall cover the entire parcel proposed for
development unless such site plan and required supplementary material is based on a Master Plan
approved and filed in the Office of the Administrative Official in accordance with Article VI,
Section 6.11. All site plans shall contain at least the following data and information:
A. Site Plan Sheet Format. Site plans shall be prepared and certified by an architect,
engineer or landscape architect licensed in the State of Florida and drawn at a scale of
one inch to 100 feet or larger. The maximum sheet size for site plans shall not exceed 24
inches by 36 inches and all sheets shall be folded to nine (9) inches by twelve (12) inches
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prior to submittal. All submittals shall be accompanied by a reduction of the site plan to
eleven inches (11") by seventeen inches (17"). Multiple sheets may be used provided that
each sheet is numbered and the total number of sheets is indicated on each sheet. Cross
referencing between sheets is required. Necessary notes and symbol legends shall be
included. Abbreviations should be avoided but if used they shall be defined in the notes.
B. General Information.
1. The identification "Site Plan" on each sheet
2. Legend, including:
a. Name of Development
b. Proposed Street Address
c. Acreage
d. Scale
e. North Arrow
f. Existing Zoning and Other Special Districts
g. Preparation/Revision Date
h. Tax Parcel No. (Seminole County Property Appraiser)
3. Name, Address and Phone Number of:
a. Owner
b. Owner's Authorized Agent
c. Engineer
d. Surveyor
e. Others involved in application
4. Vicinity Map. Show relationship of site to surrounding streets and public facili-
ties at a scale of 1 ":2000' or larger.
5. Legal Description of the parcel in question.
C. Existing Conditions.
1. Existing Streets. On, adjacent to and within 50 feet of site, including:
a. Name
b. Location
c. Right-of-Way Width
d. Driveway Approaches
e. Medians and Median Cuts
f. Curbing
2. Existing Easements. Indicate location, dimensions, purpose and maintenance
responsibility.
3. Existing Utilities. Provider, ~location and size.
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4. Existing On-Site Improvements and Uses.
a. Each building and structure shall be individually identified or numbered.
Existing use, square footage and number of dwelling units shall be
provided.
b. Vehicular use areas
c. Other impervious surfaces
5. Adjacent Improvements, Uses and Zoning. Identify adjacent buildings,
structures, curb cuts, accessways, other vehicular use areas, drainfields, wells and
other impervious surfaces extending fifty feet (50') beyond the property
boundaries or as determined necessary by the Administrative Official. Also
indicate adjacent zoning districts.
6. Topography. At one (1) foot contours (elevations based on mean sea level datum
preferred) and extending 50 feet beyond the property boundaries. All elevations
shall be based on mean sea level datum and referenced to the United States
Geodetic Surveyor its equivalent. Note on the plans the benchmark used, its
designation, location, description and elevation as described in the Seminole
County Vertical Control Points and Elevations Manual.
7. Soil Type(s). As identified in the Soil Survey, Seminole County, Florida,
US.D.A. Soil Conservation Service or other competent expert evaluation. When
soil suitability limitations are indicated for the proposed development, the City
Engineer may require a preliminary soil analysis by a qualified soils engineer.
8. Drainage. Depict and, if necessary, explain existing surface drainage
characteristics of site including relationship to adjacent land areas.
9. 100-year Floodplain. As identified on Map I-I, Water Resources of the
Comprehensi ve Plan.
10. Surface Water. Approximate normal high water elevation or boundaries of
existing surface water bodies, streams and canals, both on and within 50 feet of
site.
11. Wetlands. As identified by the Future Land Use Map of the Comprehensive Plan
as Resource Protection (RP), St. Johns River Water Management District
Wetlands Mapping or other competent evaluation.
12. Wellfield Protection Zones. Indicate whether or not the parcel is located within a
wellfield protection zone as identified by the Wellfield Protection Zone Maps on
file in the Department of Engineering and Planning.
13. Floodways and Drainageways. As identified on Map I-I, Water Resources of
the Comprehensi ve Plan.
14. Aquifer Recharge Area. As identified on Map I-I, Water Resources of the
Comprehensive Plan.
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15. Upland Wildlife Habitat. As identified on Map 1-9, Vegetative Communities of
the Comprehensive Plan.
16. Trees. Indicate location, SIze and type of existing trees as required by this
Ordinance.
17. Signs. Location, size and type.
D. Proposed Development.
1. Proposed Buildings and Structures. Individually identified by number, symbol
or other appropriate system, including the following information:
a. Location.
b. Proposed Use For Each Building Or Portion Thereof.
c. Dimensions and Height.
d. Gross Floor Area For Nonresidential Uses - In square feet by building, use
and total.
e. Floor Plan For Nonresidential Buildings.
f. Number of Dwelling Units - By building, by type of dwelling unit and
total.
g. Density - By type of residential land area (one family, two family, mobile
home or multiple family) and for total residential land area.
h. Net Density - Same as g., above, except exclude land area that is
unsuitable for development.
1. Preliminary Architectural Elevations.
J. Location of each single family residence. Individually identify each house
lot and indicate the location, square footage and dimensions of each house
on the lot.
k. For residential subdivisions and multifamily developments, indicate the
location, dimensions and materials of entrance features, including entrance
signage, water features and associated landscaping.
I. Proposed preliminary address list including street names and address
scheme in accordance with the established addressing system.
2. Required Yards, Setbacks, Buffers, Open Space and Distances. Indicate
location and dimensions of all required yards, setbacks and buffers and location
and percentage of site devoted to open space. Also indicate distance between
buildings.
3. Outdoor Storage and Display Areas. Include dimensions, type, screening type
and materials,
4. Proposed On-Site and Off-Site Vehicular Circulation System, Parking Areas
and Pedestrian Circulation. Include location, dimensions and typical
construction specifications of:
a. Driveways, approaches and curb cuts.
b. Vehicular access points, accessways and common vehicular access points.
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c. Off-street parking spaces, loading, unloading and service area space.
Requirements - also note number of spaces required and provided by use.
d. Other vehicular use areas.
e. Sidewalks and other pedestrian use areas.
f. Typical cross-sections - by type of improvement.
g. Traffic control devices.
5. Landscaping Plan. Include the location and specifications for plantings for
parking lot landscaping, buffers, open spaces, recreation areas and other required
landscaped areas and required landscape which shall include a schedule of
common and botanical plant names and total quantities by container size and
species, seed mixes with application rates and relevant germination specifications.
In addition, identify water conservation techniques which include use of drought
tolerant plants as well as efficient relationship of plant types to irrigation water
demands.
6. Irrigation Plan. The irrigation plan shall consist of:
a. Location and specifications for irrigation equipment.
b. Source of water for irrigation system.
c. Take back calculations for reclaimed water system.
7. Existing Tree Protection. Identify existing trees to be protected and explain or
illustrate method to preserve such trees both during and after construction.
8. Street Graphics and Outdoor Lighting. Include the locations and sizes of all
signs and the intensity and nature of all proposed lighting.
9. Public and Semi-Public Lands and Facilities. Identify the location, extent,
maintenance responsibility and ownership of:
a. Street Rights-of-way.
b. Easements for ingress/egress, utilities, drainage or a related stormwater
management function, pedestrian ways, sidewalks, bike paths and other
similar or related functions.
c. Designated Lands for parks, open space and recreational facilities,
stormwater management, schools and other public facilities.
10. Potable Water Supply and Wastewater Disposal System. Indicate required
capacity, available capacity, provider, general location and size of lines and
proposed ownership of and maintenance responsibility for improvements.
11. Fire Protection. Identify nearest existing or proposed hydrant location In
relationship to building(s) and other fire protection systems.
12. Reclaimed Water System. Unless exempt from the reclaimed water
requirements, include a statement regarding the use of the City of Sanford's
reclaimed water system including the amount of reclaimed water to be utilized
and method of application on the site.
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13. Solid Waste Disposal and Service Equipment. Identify the location of
dumpsters and other service equipment locations, including dimensions of pads
and maneuvering areas for collection and service vehicles. Also indicate methods
and materials to be utilized to prevent such dumpsters and equipment from being
viewed from public rights-of-way and adjacent property.
14. Proposed Topographic Elevations and Preliminary Drainage Plan. Indicate
proposed topographic elevations at one (1) foot contours (datum based on mean
sea level preferred), direction of flow, proposed methods of stormwater
retention/detention, including location and size of swales, drainage improvements,
proposed outfalls, drainage easements and preliminary engineering calculations.
15. Concurrency Management. An analysis of the traffic circulation and related
impacts to prove that the proposed plan would meet all roadway concurrency
requirements if the project were approved based on requirements in Schedule Q,
Concurrency Management.
16. Elevation Drawings. Conceptual elevation drawings of the north, south, east and
west side of each building shall be submitted as a part of the Site Plan Review
package. Drawings shall depict the general architectural style of the buildings, the
height of the buildings and shall, at a minimum, list the types of exterior building
materials, colors and finishes proposed for use. In addition, the applicant shall
submit a typical wall section of the front fa~ade of each building.
E. Exceptions. Any applicant may request that required information described in
Paragraphs C and D of this section be omitted from the site plan application, provided
however, that such request shall be subject to the following requirements:
1. The request shall be in written form and shall be submitted with the proposed site
plan.
2. The request shall identify the information, item or data that is proposed to be
omitted from the site plan application and shall fully explain the reasons that such
information, item or data does not apply to such application.
3. The Administrative Official has the authority to accept or reject such request pursuant to
procedures set forth in Section 5.3(A).
SECTION 3.11
ENGINEERING PLAN REVIEW PROCEDURES
Applications for as-of-right development, shall submit engineering plans in conjunction with site
plans. Conditional use applicants shall initiate Engineering Plan Review Procedures set forth in
this section after receiving an approved development order. The procedure for review of an
Engineering Plan shall be as follows:
A. Application For Approval. The applicant for approval of an Engineering Plan shall
submit at least nine (9) copies, folded to nine inches (9") by twelve inches (12"), of the
engineering plan, the supplementary materials required to accompany such plan and the
fee established in a manner prescribed in Article X to the Administrative Official. Such
plan, supplementary materials and fee are collectively hereinafter called the "proposed
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Engineering Plan". The Engineering Plan and supplementary materials shall be in the
form prescribed in Section 3.12 below. No application shall be deemed accepted unless it
is complete. The Administrative Official shall advise the applicant of whether the
proposed Engineering Plan is accepted or not accepted. If the proposed Engineering Plan
is not accepted, the Administrative Official shall inform the applicant in writing of the
reasons that the engineering plan is incomplete. Failure by the Administrative Official
to specify one or more reasons shall not preclude such reasons being specified in denying
any reapplication for such engineering plan. Plans stating "Not For Construction," "For
Review Only," or any such similar wording shall not be accepted.
B. Referral To Development Review Team. Upon acceptance of the proposed Engineering
Plan, the Administrative Official shall distribute copies of the proposed Engineering Plan
to the Development Review Team. After reviewing the proposed Engineering Plan,
Development Review Team shall transmit their collective recommendation in writing
respecting approval, disapproval or necessary modification thereof to the Administrative
Official.
C. Administrative Official's Action. Upon receipt of the recommendation of the
Development Review Team, the Administrative Official, in accordance with such
recommendation shall enter an order:
1. Approving such proposed Engineering Plan subject to such conditions,
modifications and specific time limits prescribed by the Planning and Zoning
Commission respecting the proposed Site Plan;
2. Disapproving such proposed Engineering Plan, or;
3. Approving such Engineering Plan subject to such modifications and conditions as
the recommendation of the Development Review Team may have prescribed and
subject to such conditions, modifications and specific time limits prescribed by
the Planning and Zoning Commission respecting the proposed Site Plan.
If the proposed Engineering Plan is approved, the Administrative Official shall indicate
such approval by signing his name on at least one copy of the Engineering Plan
indicating the date of such approval. The approved and signed Engineering Plan and
required supplementary materials shall then be filed in the Office of the Administrative
Official and shall constitute the Engineering Plan for the parcel.
If the proposed Engineering Plan is disapproved or approved subject to modification, the
Administrative Official shall provide to the applicant a copy of his Order respecting the
same.
D. Reapplication. If the Administrative Official enters his order disapproving a proposed
Engineering Plan or approving the plan subject to modification, the applicant may at any
time within sixty (60) days following the date of such order file an amended Engineering
Plan and supplementary material whereupon the same shall be received, reviewed and
acted upon in the same manner as herein above provided for original applications for
approval of an Engineering Plan, provided that no additional fee for such application
shall be required.
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SECTION 3.12
ENGINEERING PLAN REQUIREMENTS
All Engineering Plans and required supplementary material shall cover the entire parcel covered
by a Site Plan that is either proposed or approved in accordance with Section 3.10. A copy of
the approved site plan shall be incorporated into the Engineering Plan. All Engineering Plans
shall contain at least the following data and information:
A. General Relationship of Engineering Plan Requirements to Site Plan Requirements.
In general, Engineering Plans shall include, but not be limited to, all required information
items set forth in Section 3.11 provided, however, that all such information, data, analysis
and supplementary materials shall be provided in final engineering and construction form
for purposes of Engineering Plans rather than in preliminary or conceptual form as
provided for Site Plans. Additional and more detailed engineering plan required
information is set forth in subsections 3.12 B. and C.
B. Engineering Plan Sheet Data, Size and Scale. Engineering Plans shall be drawn at a
scale of one inch to 50 feet or larger. The maximum sheet size for Engineering Plans is
24 inches by 36 inches. All site plans shall be folded to nine inches (9") by twelve inches
(12"). Multiple sheets may be used provided each sheet is numbered and the total number
of sheets is indicated on each sheet. Cross referencing between sheets shall be required.
Necessary notes and symbol legends shall be included. Abbreviations should be avoided,
but, if used, they shall be defined in the notes.
1. The identification "Engineering Plan", the date, scale, reVISIOn date (if any),
development name, and other such information shall be shown in a convenient
grouping in the lower right hand comer of every sheet, preferably in a
conventional title block.
2. Each copy of an Engineering Plan required to be submitted to the Administrative
Official shall bear the original signature and seal of the engineer licensed as a
professional engineer by the State of Florida and authorized by the applicant who
shall also certify that the drawing was prepared at his instruction and that the
information shown is correct.
C. Engineering Plan Required Information.
1. Final Soils Report. Indicate results of borings for building locations and method
of foundation construction/footer design in relationship to soil conditions as
recommended by a geotechnical engineer.
2. Final Drainage Plan. Include topographic elevations at one foot contours (mean
sea level datum required) for site and at least fifty feet (50') beyond the site, final
calculations for stormwater retention and construction drawings of all related
improvements.
3. Fire Protection. Indicate hydrant location and type of internal fire protection
systems to serve buildings.
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4. Civil Engineering Construction Drawings. Provide civil engineering
construction drawings of all infrastructure, utilities and site improvements
including technical specifications and geometry.
5. Landscape Plan and Tree Protection. Identify material specifications,
planting/removal/relocation instructions and irrigation system location and
specifications.
6. Ownership and Maintenance. A detailed statement of method of assuring the
perpetual ownership and maintenance of permanent open space, recreational
facilities or other common purposes shall, if appropriate, include covenants,
agreements or other specific documents approved by the Administrative Official.
SECTION 3.13
EFFECT OF SITE PLAN AND ENGINEERING PLAN APPROVAL
Approval or approval with modifications/conditions of both a Site Plan and an Engineering Plan
for the parcel in question shall serve as the basis for the issuance of Site Development Permits
and Certificates of Completion.
SECTION 3.14
MAINTENANCE OF IMPROVEMENTS
All improvements, requirements and conditions approved pursuant to Sections 3.10 and 3.12
shall be maintained in good condition and in the manner prescribed by such approval for as long
as the use of the premises in question is in existence.
SECTION 3.15
VIOLA TIONS, REMEDIES AND PENAL TIES
Notwithstanding any provision of the Land Development Regulations or the Sanford City Code
to the contrary, a person owning or occupying any building, that is used, erected, constructed,
reconstructed, altered or moved or maintained in violation of the Land Development
Regulations shall be subject to any and all penalties permitted by State law and the City may
seek any and all legal remedies available to it under controlling law.
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ARTICLE V VARIANCES AND APPEALS
SECTION 5.01
VARIANCES
A. Applicability. A modification to the terms and development standards of Schedules C,
D, E, F, G, H, I, J, K, Sand U may be granted where a variance would relieve a practical
difficulty or undue hardship caused by a strict application of the regulations after a
finding that the proposed variance is consistent with the standards enumerated below. It
shall be the burden of the applicant to prove by substantial competent evidence,
compliance with said standards.
Under no circumstance shall the provisions of this section be construed to mean that any
provisions, requirements and/or regulations contained within the Land Development
Regulations can be waived or reduced which may reasonably be complied with by the
applicant.
B. Standards for Consideration for Variances. Before any variance may be granted, the
Planning and Zoning Commission or Administrative Official shall find that the variance
would relieve a practical difficulty or undue hardship caused by a strict application of the
regulations provided that the variance is occasioned by:
1. ,A. hardship that may inhibit the extent to 'Nhich a property can be used:
(a) by reason of exceptional narrowness, shallo"vness or shape of a specific
parcel of land; or
(b) by reason of exceptional topographic conditions or physical features
uniquely affecting a specific parcel of land; or
(c) by reason of an extraordinary and exceptional situation uniquely affecting
a specific parcel of land or the structures la\vfully existing thereon; or
2. The purposes of the Land Development Regulations 'would be advanced by a
deviation from the zoning ordinance requirements and the benefits of the
deviation would substantially out'Neigh any resulting detriment.
1. Special conditions and circumstances exist which are peculiar to the land,
structure or building involved and which are not applicable to other lands,
structures or buildings in the same district.
L The literal interpretation of the provisions of the land development regulations
would deprive the applicant of rights commonly enioyed by other properties in the
same district under the terms of the land development regulations.
3. The special conditions and circumstances do not result from the actions of the
applicant.
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4. Granting the variance will not confer on the applicant any special privilege that is
denied by the land development regulations to other lands, structures, or buildings
in the same district.
i. The reasons set forth in the application iustify granting the variance, and that the
variance is the minimum variance that will make possible the reasonable use of
the land, building, or structure.
~ The granting of the variance will be in harmony with the general purpose and
intent of the land development regulations and will not be iniurious to the
neighborhood, or otherwise detrimental to the public welfare.
c. Authority to grant a variance. The following are authorized to grant variances:
1. The Planning and Zoning Commission shall have the authority to grant a variance
for multiple-family dwellings, non-residential land uses, and all other land uses
except as noted below.
2. The Administrative Authority shall have authority to grant a variance for one-
family dwellings and two-family dwellings located in residential zoning districts
(SR-IAA, SR-IA, SR-l and SR-2) after a review and recommendation by the
Development Review Team.
3. The Administrative Official shall have the authority to grant a de mlmmus
variance of fifteen percent (15%) or less of any standard or term included in a
Schedule referenced above for all land uses including one-family and two-family
dwellings.
In granting any variance, the Planning and Zoning Commission or the Administrative
Official may prescribe appropriate conditions and safeguards in conformity with these
regulations. Violation of such conditions and safeguards, when made a part of the terms
under which the variance is granted, shall be deemed a violation of and punishable under
these regulations.
The Planning and Zoning Commission or the Administrative Official shall prescribe a
time limit, which in no event shall be greater than one (1) year, within which the action
for which the variance is required shall be begun and diligently pursued to completion
thereafter without cessation of thirty (30) days or greater.
Under no circumstances shall the Planning and Zoning Commission or the
Administrative Official grant a variance to allow a use not permissible in the district
involved, or any use expressly or by implication prohibited by the terms of these
regulations in said district.
D. Procedures for Variance Approval. An owner or his authorized agent seeking a
variance as permitted by this Section must make application in accordance with the
following procedures:
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1. Application. All applications for variances shall be in the form required and
provided by the Administrative Official. Such application shall be submitted to
the Administrative Official together with the application fee established in the
manner prescribed in the Land Development Regulations. In order to make a
determination regarding the application, additional data or information pertaining
to the application may be required. A 'complete application' includes the
application form, the application fee and all required supplemental data and
information.
All applications requesting a reduction in required dimensions shall be
accompanied by a survey of the parcel prepared by a surveyor registered in the
State of Florida.
2. De Minimus Variances. Upon receipt of an application for a variance of fifteen
percent (15%) or less, the Administrative Official may approve, approve with
conditions or deny the application. The Administrative Official shall prepare a
development order pursuant to Section 5.01 D. 4. b. of this Article for those
applications that are approved or approved with conditions. The development
order shall find that the standards for variances have been satisfied and that the
variance being granted is the minimum variance required in order to make
possible the reasonable use of the land, structures and other improvements. De
minimus variances do not require noticing or a public hearing.
The Administrative Official shall have the discretion to require that an application
for a de minimus variance be heard by the Planning and Zoning Commission at a
public hearing.
3. Single-family and Two-family Variances of Greater than 15%. For single-
family and two-family uses, the variance application shall be reviewed by the
Development Review Team which shall make a recommendation to the
Administrative Authority based on a finding that the proposed variance is
consistent or inconsistent with the standards for variances as set for in subsection
B of this section. The Administrative Authority shall approve, approve with
conditions or deny the variance.
The Administrative Official shall prepare a development order pursuant to Section
5.01 D. 2. e. of this Article for those applications that are approved or approved
with conditions. The development order shall find that the standards for variances
have been satisfied and that the variance being granted is the minimum variance
required in order to make possible the reasonable use of the land, structures and
other improvements. The procedures and noticing requirements of Section 3.7,
Article III, shall also apply to single-family and two-family variances.
4. Multifamily and Nonresidential Variances of Greater than 15%.. Upon
receipt of an application for a variance of greater than fifteen percent (15%) for
multiple-family dwellings and non-residential land uses, the Planning and Zoning
Commission shall hold a public hearing upon the application in accordance with
the procedures enumerated below and enter its order granting or denying such
application. In granting such application the Planning and Zoning Commission
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must make specific affirmative findings respecting each of the variance standards
and may prescribe appropriate conditions and safeguards, including requirements
in excess of those otherwise required by the Land Development Regulations,
which shall become a part of the terms under which a Site Development Permit
and Certificate of Completion shall issue.
a. Date of Hearing. Hearings shall be held by the Planning and Zoning
Commission or the Board of Adjustment at a date and time fixed by the
Chairman and shall in no event be less than thirty (30) nor more than sixty
(60) days after the filing of a completed application.
b. Notice. Upon notification by the Chairman of the Planning and Zoning
Commission of the date fixed for hearing on any matter subject to the
provisions of this Section, the Administrative Official, shall cause a notice
of such hearing to be published at least once in a newspaper of general
circulation in the City of Sanford with such publication to be at least ten
(10) days prior to the date of the hearing. The notice shall include:
. Location, date and time of the hearing.
. A description of the location of the parcel proposed for development
sufficient to identify the site to the general public.
. A brief description of the proposal being considered.
. Identification of the body conducting the hearing.
. Type of application being considered.
The Administrative Official shall also mail similar notices setting forth the
time, place and purpose of the hearing to:
. the applicant;
. the owner of the property described in the application, if other than the
applicant; and
. the owners of every parcel of land within a distance of two hundred
(200) feet from the property line of the property described in the
application. In addition, the Administrative Official shall cause
notices of the hearing to be posted in a conspicuous place or places on
or about the land described in the application.
Affidavit proof of the required publication, mailing and posting of the
notices shall be presented at the hearing.
For purposes of determining the name and address of persons entitled to
notice under this Section, the owner of property shall be deemed to be the
person who is so identified in the most current tax roll certified for
collection and maintained in the office of the Seminole County Tax
Collector. Such notice shall be mailed at least ten (10) days prior to the
scheduled hearing date.
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c. Appearance and Argument. At any hearing upon any matter subject to
the provisions of this Section, the applicant seeking action and any other
party desiring to be heard upon the application may appear in person, by
agent or by attorney. The applicant shall be entitled to make an initial
presentation respecting the application and, at the conclusion of presen-
tations or statements by all other parties, shall be entitled to offer a
statement in rebuttal to such presentations if the applicant so desires. The
Chairman may, at the commencement of the hearing upon each
application or at any time during such hearing, require that parties desiring
to make a presentation identify themselves and may specify the time to be
allowed each such party within which to make such presentation.
d. Decision and Order by the Planning and Zoning Commission. Action
by the Planning and Zoning Commission upon any matter subject to the
provisions of this Section shall be announced by the Chairman
immediately following the vote determining such action. All actions to
approve or to approve with conditions shall thereafter be embodied in a
written order prepared by the Administrative Official.
e. Development Order Granting a Variance. The written order shall grant
the application, in whole or in part, under such terms and conditions as are
determined to be appropriate. All development orders shall be in writing
and shall contain the following:
. The name of the property owner and the name of the proposed
development.
. The legal description of the property and, where appropriate, the street
address.
. A precise description of the development activity being approved.
. Reference to the approved plans or blueprints including name of the
preparer and the date of the plans.
. Any special conditions of the development approval.
. The expiration date of the development order.
The written development order shall be incorporated into the minutes of
the meeting at which such action occurred.
3. The Administrative Official shall have the authority to issue a Site Development Permit
in conformity with an approved development order and shall thereafter issue the Certificate
of Completion only upon determining that all of the conditions and requirements of such
order granting the approval were met and observed.
f. Effect and Limitation of Approved Order. An order granting a
conditional use or variance, and a Site Development Permit or Certificate
of Completion issued pursuant thereto, shall be deemed applicable to the
parcel for which it is granted and not to the individual applicant provided
that no order or Site Development Permit or Certificate of Completion
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SECTION 5.02
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issue thereto shall be deemed valid with respect to any use of the premises
other than that specified in the approved application.
g.
Recording of the Development Order. No development order approving,
or approving with conditions, a variance or a conditional use shall become
effective until said development order is recorded in the official records of
Seminole County.
h.
Time Limit of Development Order. A development order shall become
null and void one (1) year from the effective date unless all or specified
portions of the development as defined in the order are commenced.
However, the approving body may impose specific time limits other than
one (1) year on the approval. The development order shall also become
null and void if all construction is not completed within three (3) years
from the effective date of the development order unless otherwise
specified in the development order.
i.
Extension of Development Order. A development order may be
extended by the Administrative Official for a period not to exceed six (6)
months if the request for the extension is made before the development
order becomes null and void.
j.
Consecutive Applications. When the Planning and Zoning Commission
has taken action respecting an application for a variance, no application
for the same relief shall be accepted by the Administrative Official for
consideration by the Planning and Zoning Commission for a period of one
(1) year from the date of the original action, provided however, that an
applicant may request and the Planning and Zoning Commission may
waive this provision for proper cause after a hearing in conformity with
the provisions of this section.
ADMINISTRA TIVE APPEALS
A. Right of Appeal. Appeals to the City Commission may be taken by any person
aggrieved or by any officer, board or agency of the City or by the City Commission in the
enforcement of the Land Development Regulations.
B. Procedure For Appeal; Time Limitation. An appeal to the City Commission shall be
taken within thirty (30) calendar days after rendition of the order, requirement or
determination by the Planning and Zoning Commission, Historic Preservation Board,
Airport Zoning Board or the Administrative Official to which the appeal is directed. For
purposes of computing the time for filing an appeal, "rendition" of an order, requirement,
decision or determination shall be the date at which a written, dated and signed
instrument expressing such decision is filed in the records of the Administrative Official.
The original and one (1) copy of the Notice of Appeal on a form provided by the
Administrative Official shall be filed with the Administrative Official who shall forthwith
transmit to the City Commission all the documents, plans, papers or other materials
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constituting the record upon which the action appealed from was taken and the original
Notice of Appeal.
c. Hearing. Except for appeals initiated by a member of the City Commission or appeals of
decisions of the Historic Preservation Board, hearings on Appeals to the City
Commission shall be held in conformity with the provisions of this section. Appeals
initiated by a member of the City Commission or appeals of decisions of the Historic
Preservation Board may be directed to the City Commission as a regularly scheduled
agenda item at a City Commission meeting.
D. Scope of Review of City Commission. In reviewing orders, requirements, decisions or
determinations of the Planning and Zoning Commission, Historic Preservation Board,
Airport Zoning Board or the Administrative Official upon appeal thereof in conformity
with this section, the City Commission shall review the documents, plans, papers or other
materials constituting the record upon which the action was taken and any new material,
documents or testimony that may have bearing on the decision. Appeals shall be de novo.
The City Commission may, upon appeal, reverse or affirm wholly or partly, or may
modify the order, requirement, decision, or determination made by the Planning and
Zoning Commission, Historic Preservation Board, .'\irport Zoning Board or the
Administrative Official, and may make any necessary further orders, requirements,
decisions or determinations respecting the subject of the appeal and, to that end, shall
have all the powers of the Planning and Zoning Commission and/or the Administrative
Official, respecting such matter. A concurring vote of no less than a majority of the
members of the City Commission present at a meeting at which a quorum is present shall
be necessary to reverse or modify any order, requirement, decision or determination of
the Planning and Zoning Commission, Historic Preservation Board, J^.irport Zoning
Board or the Administrative Official.
E. Effect of Appeal; Stay of Proceedings. An appeal to the City Commission shall, upon
filing, stay all work on the premises and all proceedings in furtherance of the order,
requirement, decision of determination appealed from, unless the Administrative Official
shall certify to the City Commission that, by reason of facts stated in the certificate, a stay
would cause immediate peril to life or property in which case, proceedings or work shall
not be stayed except by a restraining order granted by the City Commission for due cause
shown after notice to the party filing the appeal and to the Administrative Official or the
City Commission.
F. Rules of Procedure. The City Commission may adopt such rules, not inconsistent with
the provisions of this section to govern proceedings upon appeals from orders,
requirements, decisions or determinations of the Planning and Zoning Commission,
Historic Preservation Board, Airport Zoning Board or the Administrative Official.
G. Notice And Hearing Procedure For Administrative Appeals. In considering and
acting upon Administrative Appeals, the following procedures shall be observed:
1. Date of Hearing for Administrative Appeals. Hearing shall be held by the City
Commission at a date and time fixed by the City Manager and shall in no event be
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less than thirty (30) nor more than sixty (60) days after the filing of a notice of
appeal.
2. Notice. Upon notification by the City Manager of the date fixed for hearing on
any matter subject to the provisions of this Section, the City Clerk shall cause a
notice of the time, place and purpose of such hearing to be published at least once
in a newspaper of general circulation in the City of Sanford with the first such
publication to be at least ten (10) days prior to the date of the hearing. The City
Clerk shall also mail similar notices setting forth the time, place and purpose of
the hearing to (a) the applicant and (b) the owner of the property described in the
application, if other than the applicant.
When the hearing is an appeal of a Planning and Zoning Commission decision,
the City Clerk will also mail notices to all nearby property owners as required for
the original hearing and shall transmit notice setting forth the time, place and
purpose of the hearing to the Administrative Official as well as all Beaffi
Commission members who participated in the decision being appealed.
Upon receipt of such notice from the City Clerk, the Administrative Official shall
cause notices setting forth the time, place and purpose of the hearing to be posted
in a conspicuous place or places on or about the land described in the application.
Affidavit proof of the required publication, mailing and posting of the notices
shall be presented at the hearing.
3. Appearance and Argument. At any hearing upon any matter subject to the
provisions of this section, the applicant seeking action by the City Commission
and any other party desiring to be heard upon the application may appear in
person, by agent or by attorney. The applicant shall be entitled to make an initial
presentation respecting the application and, at the conclusion of presentations or
statements by all other parties, shall be entitled to offer a statement in rebuttal to
such presentations if the applicant so desires. The Mayor may, at the
commencement of the hearing upon each application or at any time during such
hearing, require that parties desiring to make a presentation identify themselves
and may specify the time to be allowed each such party within which to make
such presentation.
4. Decision and Order by the City Commission. Action by the City Commission
upon any matter subject to the provisions of this Section shall be announced by
the Mayor immediately following the vote determining such action and shall
thereafter be embodied in a written order prepared by the City Clerk in
coni unction with the City Attorney, and executed by the Mayor and the City
Clerk. Such written order shall be incorporated into the minutes of the meeting at
which such action occurred.
SECTION 5.03
FINALITY OF DECISION
When the City Commission has taken action respecting an Administrative Appeal, no application
for the same relief shall be accepted by the Administrative Official for consideration by the City
Commission for a period of one (1) year from the date of such action, provided however, that an
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applicant may request waiver of the time for reapplication" and the City Commission may
waive, the provision of this section for proper cause after hearing in conformity with the
provisions of this section.
SECTION 5.04
JUDICIAL REVIEW OF DECISIONS
Any person or persons, jointly or severally, or any officer, department, board, commission or
bureau of the governing body aggrieved by any decision of the City Commission may appeal
such decision respecting an Administrative Appeal may apply, in the manner provided by law, to
the Circuit Court in the Eighteenth Judicial Circuit for judicial relief within thirty (30) days after
rendition of a decision.
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LAND USE CATEGORY SR-IAA SR-IA SR-I SR-2 MR-I MR-2 MR-3 RMOI RC-I GC-2 SC-3 RI-I MI-2 AG PD PRO
RESIDENTIAL
One-Family Dwelling fB ~ Il~ Il Il Il Il GQ. G G P *
One-Familv with Garal!e P P P D P *
One-Familv with Gara"e or Carnor! P P D P *
Two-Family Dwelling G P P P Ilill GQ. G G *
Mobile Home (3) P *
Multiple Family DwellingJll P P P Pill C C *
Townhousesm P P P P C C *
IMISCELLANEOUS D
Day Care Facility 1-5 Individuals P P P G.f GD G12 C12 G12 1112 P P P *
6 or More Individuals (Hill (Hill (H GD G12 G J2.ill. P P P G G12 *
ill ill ill
Community Residential Home (3) (M.ll)Q. (M .ll) (Mil (Mil (M (M .ll) P (M P P (M (14
I to 6 Residents (3) .12. ).12. ).12. .ll) .12. .ll)Q. .ll) .ll)
7 to 14 Residents (3) (lj (lj (lj (Ie (M (M (M (M
H)D H)D H)D .illD .illD .illD .illD .ill
Residential Care Facility - 15 or More Residents (3) (H (H JQ) P P G (H *
1Q) 1Q)
Nursing Home GD G12 P P P *
Boarding House C C C C G C *
Accessory Dwelling Unit GQ. GQ. GQ. C C C GQ. C C C C C C
Accessory Residential Structure GQ. GQ. GQ. C C C C G G G G C C C .
Urban Infill Proiect C C C C C C C C C C C C C C .
n_ (4t (4t (4t (4t (4t (4t (4t (4t (4t (4t (4t (4t (4t (4t (4t
,~, Il Il Il Il Il Il Il Il ~ ~ ~ Il .i
- - Il Il Il Il Il Il Il Il Il Il Il Il Il Il .t.
PUBLIC AND SEMI-PUBLIC
Noncommercial Amusement Facility
Indoor tI-91 G G G G G G G C P P P P P C * .12.
Outdoor tI-91 G G G G G G G C C P C P P C * f
Temporary (20) Il Il Il Il Il Il Il Il Il Il Il Il Il Il .t.
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 G G G C C C G12 P P P C *
Cultural Facility C C C G12 G12 P P * ~
House of Worship Cll Cll Cll Cll Cll Cll Gf C P G C *
Cemetery illi C C C C C C C C P C C C C *
Hospital/Medical Clinic C C P C *
n.- G G G G .t.
-r
Public Transportation Terminal G G G G G G C G C C C C C C *
nuL" C'. C'. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
Communication Tower (3) C C C C C C (;M (;M C * ~
12) 12)
<'- C'. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
I'a€ilities
Solid Waste Disposal Facility C C C C *
Government Owned Use/Public Facilities (6) ~D ~D ~D ~D ~D ~D ~D ~P ~P ~P ~ ~p ~p ~P ~. D
Community Resource Facility (3) (R-ill (R- .m (R- (R- (R- (R-
ill ill ill ill
OCHEDULE B - PERMITIED Os
B-1
7/25/05
OCHEDULE B - PERMITIED l~S
\..J
A un "SE CA TEGOR Y RMOI RC-I GCc2 SC-3 RI-I MI-2 AG PD
tOMMERCIAL
Retail Sales & Service (3)
Indoor (81) P P GD GD *
Outdoor Display - New Merchandise PD C C C *
Outdoor Display - Used Merchandise C C C C *
Outdoor Storage C G C C *
PawH Shof) (25) G G G G *
Temoorarv Commercial D D D D D
n. L'J. - . <'. P G .t.
-,,-
Business & Professional Office P (81) P P P P *
Bail Bond (Hru ~ C C C C C C *
Exceptional Uses (3) AAflID C
Nonhazardous Research & Testing Lab. (3) P P P P *
Business Training Schools G12 P PD P P *
ill}
Restaurant (81) P P G12 GD *
Drive-ffi Thru Restaurant D P G *
Sidewalk Cafe 12
illl
RANSIENT LODGING & ENTERTAINMENT
Transient Lodging Establishment (Hotel. motel. etc.) P P *
~ G G .t.
Commercial Amusements ~
Indoor (Except Adult Performance (8) P P~ *
Establishments and Adult Arcade Amusement
Centers)
Adult Performance Establishment ~iJJU P P
Adult Arcade Amusement Center (281) (H (H
ru ru
Outdoor (Except Adult Performance C G *
Establishments and Adult Arcade Amusement
Cen ters)
TemJloFary (ExceJlt f'.slIlt Performance G G G G .t.
EstablishmeHts aHs ".slIlt :\rcase F.HlllsemeHt
~
Motion Picture Theater
Indoor P P *
Outdoor P *
VEHICULAR USES (3)
Vehicular Service (9[) C GD G P P *
Vehicular Repair C G GD P *
Vehicular Rental GD G P P *
Vehicular Rental Officelil GD P P P P *
Major Equipment Rentallil GD P P *
Major Equipment Repair G GD P *
Vehicular Dealer Sales (W2) C G *
Vehicular Accessory G12 G 12 12 *
Sales and Installation
B-2
7/25/05
OCHEDULE B - PERMITTED ()S
~ND USE CATEGORY IIRMOI RC-I GC-2 SC-3 RI-I MI-2 AG PD
~ISCELLANEOUS BUSINESS AND SERVICES
Funeral Home and/or Crematory ~llll P C P P *
. ~_ 0_ G G P P 2f.
Laundromat D D D D
Printing & Publishing P P P P *
Domestic and Business Service Indoor P P P P *
Outdoor GD C P P *
Landscaping Service Establishment Indoor P P P P GP *
Outdoor C G P P GP *
Auction Sales Establishment Indoor P P P P *
Outdoor GD G P P *
Aircraft Sales Establishment Indoor P P P P *
Outdoor G G P P *
Small Animal Boarding Kennel Indoor C P GD P P GD *
Outdoor C P P GD *
Veterinarian & Animal Hospital Indoor C P GD P P GD *
Outdoor C P P GD *
Welding Establishment (3) GD G P P *
IINDUSTRIAL I
Wholesale & Storage (-l-l-lQ)
Nonhazardous (3) Indoor GD G P P *
Outdoor C G GD P *
Tank C G C P *
Hazardous (3) Indoor C G P P *
Outdoor C G C C *
Tank C C *
Junkyard (3) C *
Laundrv And Drv Cleanin2: Plant P P P *
Manufacturing
Nonhazardous (3) Indoor G...Q G P P *
Outdoor C G C C
Hazardous (3) Indoor C P *
Outdoor C *
AGRICULTURAL
Agriculture P *
Animal Raising C *
Mining (3) *
Agriculture Processing Establishment C C C *
FOOTNOTES
"P"
indicates that the use listed is alIeweG- permitted as-of-ri2:ht within the corresponding zoning district. (See Schedule C, Area And Dimension Re2:ulations.)
"D"
indicates that the use is permitted as a minor conditional use and is allowed within the correspondin2: zoning district onlv after review bv the development
review team and approval bv 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
maior conditional use.
"*"
indicates that the use listed is allowed subject to complying with Planned Development Project Regulations. (Schedule D, Planned Development Project
Regulations).
o
Onlv for existing platted lots and new subdivisions with ten (10) or less lots.
B-3
7/25/05
CcCHEDULE B - PERMITfED Os
(I) ORe Family D'NelliRgs withiR the eorres!leRdiRg zORiRg distriet shall iRelude a !lrivate garage. Residential uses in the RMOI Zoning district shall be only in
coni unction with office and/or institutional uses.
(2) ORe Family DwelliRgs withiR the eorres!londiRg zoRiRg distriet shall iRclude a !lrivate eaT)lort or a !lA-late garage.
Day care is only pennitted as an accessorv 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) The followiRg aeeessory struetures aRd uses shall be allowed: A) Private eaT)lort, !lAvate garage or other buildiRgs Ret used as a dwelliRg unit aRd
customarily iReidentalto the priRei!laluse of the premises, aRd; B) ;\eeessery uses customarily iRddeRtal to the !lriReipaluse sf the premises.
A house of worship located in the SR-IAA. SR-I A, SR-!. MR-!. MR-2 and MR-3 zoning districts shall be oennitted to have only limited educational and
day care facilities and only as an accessorv use. No facilities defined in Schedule A. Glossarv. as communi tv resource facilities shall be permitted as
accessories to a house of worship in these residential zoning districts.
(5) Sueh uses shall be allo'>'/ed \vifuiR specitieally approved and reeerded easemeRts, rights ef way aRd laRd er water areas ideRtilied for sueh plllfloses iR the
public reeerds ef the City of SaRford aRd/or SemiRole COURt)'. If Rot pro'/ided fsr iR the previeusly deseribed maRRer sueh uses shall be allowed eRly
after beiRg appro'led as a cORditioRaluse. Sueh uses shall speeitieally eJlclude commuRicatioR towers.
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) Retail Sales aRd Serviee iRcludes fue fellewiRg: !.Rtique Stere, BuildiRg Material Sales, CORveRieRee Gssds Store, DepartmeRt Store, Domestie aRd
BusiRess Repair, Demestie aRd BusiRess ReRtal, Wortieultural Nursery Sales, PersoRal Service EstablishmeRt aRd SeeoRdhaRd Stereo
f8m Such uses shall be allowed provided that eaeh sueh use the total of all uses shall eentain-not exceed 3,500 square feet or less of floor area.
~ Automobile and Truck Service includes the following: Automobile Parking Establishment, Automobile Cleaning Establishment and Gasoline Service
Station.
~ 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.
fH1Qill Wholesale and Storage includes the following: Construction and Contractor Yards, Heating Fuel Sales and Nonretail Sales and Service.
~ If such use is in conjunction with a church and/or an elementary school, such use is allowed as a conditional use.
~ Such use is allowed within the corresponding zoning district only after being approved as a conditional use and after approval by the City Commission.
fMK1ll 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.
~ 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.
~lUl Such use shall be allowed provided that such use shall not be located within 500' of a Single Family zone.
fH1O.Ql 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.
(18) Allswed iR ResideRtial DwelliRgs.
(19) S!loRseriRg orgaRizatieRs of proposed Commerdal aRd NeReommercial.\musemeRt Fadlities (eJlcluding TemperaT)' NeReommereial per (20) below)
shall submit a Special EveRt ".pplieatieR to the Speeial EveRts Coordinator sixty (GO) business days prisr te the event te allow ample time for evaluatioR
by the a!lPTOpriate staf.f and the PlaRniRg aRd Zoning CommissioR. Failure to meet fuis rel:)uiremeRt may result in the disa!lproval of the rel:)uest.
(20) SpoRsering erganialtieRs ofpropesed Temller.ary NOReommercial.\musement Faeilities are required to submit a Speda! EveRt ApplieatieR te the Speeia!
Events Cesrdinater thirty (30) busiRess days prier te the eveRt to alle..... amllle time fer evaluatioR Ilj' the appTOflriate staff. Failure to meet this
rel:)uirement may result in the disapproval ef fue request.
~ Crematory facilities only allowed in RI-I and MI-2 Zoning Districts.
~ 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.
~ Sueh use is allewed withiR eorrespoRdiRg zORiRg district oRly after beiRg a!lproved as a CeRditioRal Use iliill after a!l!lHlvallly tile City CommissioR wheR
used iR conjuRetioR with a permitted ".dult Performance EstablishmeRt that comfllies with all requiremeRts aRd !lrovisions set forth iR this ordiRaRee,
OrdiRaRce No. 3185, eRtitled "The City of SaRferd .A.dult ERtertaiRmeRt Code" and all other afllllieable !lrovisioRs of the SiHlford City Code and state laY/.
(;!41( 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.
~ Such use is allowed within corresponding zpning 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.
~ Temporary.' Day Labor Services include facilities that employ temporary workers OR a daily or short term basis. Sueh serviees \'/ould geRerally employ
persoRs fur trades sueh as agriculture, eORSlruetioR, landscapiRg, maRufacturiRg, aRd other low skilled maRuallabor activities. Temporary/Day Labor shall
Rot iRclude professioRal, clerieal and other slalled or admiRistrative employmeRt serviees.
B-4
7/25/05
C:3CHEDULE B - PERMITIED ()S
~ 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.
~ Adult ,^.r.eade Amusement Centers shall comply with all re(Juirements and previsions set forth in Offiinance No. 3821, entitled "The City of Sanford Adult
f.rcade Amusement Centers" (Section IG.O of Schedule E) and all other aflplicable previsions of the Sanford City Code and state law.
@ See Schedule E Section 20.0 for sidewalk cafe procedures and requirements.
(23) Business training: schools are not permitted on the ground floor.
B-5
7/25/05
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SCHEDULE F
REQillREMENTS FOR BillLDINGS, PARCELS, YARDS, BillLDING SETBACKS AND
LIGHTING
SECTION 1.0 BillLDINGS
A. Approved Access. No building shall be erected on any parcel unless such tract or lot has the
minimum required frontage on a street or is located on an accessway shown on an approved
planned development project plan or approved site plan.
B. Approved Water Supply and Sewage-Disposal Facilities. It shall be unlawful to construct
any building without water supply and sewage-disposal facilities approved by the City
Utilities Department. All required certifications, including those of any legally responsible
governmental agency, approving proposed and completed public or private water supply and
sewage disposal facilities, as applicable, shall accompany all applications for site
development permits and/or certificates of completion.
The City shall encourage the installation of water saving plumbing fixtures compliant with
provisions of Chapter 373. Florida Statutes, pertaining to water conservation the Florida
'.Vater Conservation Act (~553.11, F.8.) in all new construction or renovations. Also, the
City shall continue to conserve water supply through the use of a leak detection program
designed to curtail wasteful loss of potable water resources.
C. Principal Building. Only one (1) principal building and permitted accessory structures shall
be erected on any tract or lot except for approved site plans and/or approved planned
development project plans. Temporary construction activities are permitted during
construction only and shall be removed prior to the issuance of a certificate of occupancy for
the premises.
D. Accessory Buildings and Structures. The following regulations apply to the construction
of all accessory buildings and structures:
1. Accessory buildings and structures shall be designed to blend aesthetically with the
main structure; Accessory buildings or structures of two-hundred (200) square feet
or greater shall match the principal building in materials, color and architectural style.
2. Accessory buildings and structures are not permitted in front or side yards. They are,
however, permitted in required rear yards. No accessory building shall be permitted
to encroach upon its required setback provisions either above or below the finished
grade;
3. No accessory building or structure shall be erected or modified for residential
purposes, unless specifically provided for in these land development regulations.
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4. Accessory buildings and structures are individually and cumulatively subordinate in
area and extent to the principal building(s) and the cumulative square footage of all
accessory buildings and structures shall be less than the square footage of the primary
building; with the exception of a screened pool structure, the height of an accessory
structure or building shall not exceed the height of the principal structure.
5. The development of accessory buildings and structures shall not reduce the open
space on the site beyond the minimum open space ratio required in Schedule C;
6. In no event shall approval of an accessory building or structure be construed to
authorize a use or structure not otherwise permitted in the zoning district in which the
principal structure is located;
7. In no event shall an accessory building or structure be established prior to the
principal use to which it is accessory.
E. Height Exceptions. Height requirements apply to buildings. Height requirements do not
apply to necessary mechanical appurtenances or structures which are not intended for
occupancy by human beings unless such mechanical appurtenances or structures exceed one
hundred twenty-five feet (125') in SR-IAA, SR-IA, SR-I, SR-2, MR-I, MR-2, MR-3 and AG
zoning districts or two hundred feet (200') in any other zoning district in which case
conditional use approval shall be required. Fire towers and water towers however, are
specifically excluded from the height requirements of these regulations.
F. Fences and Walls. Fences and walls shall not exceed eight feet (8') in height unless
approved by the City Commission in a development order stating the grounds for such
approval. All walls and fences shall have their finished side facing outward.
Electric fences are prohibited in required front, side and rear setbacks. A sign shall be
attached to every side of a permitted electric fence informing the public that the fence is
electrified.
SECTION 2.0
PARCELS
A. Reduction Of Parcel Area Prohibited. Every parcel, including those comprised of one (1)
or more adjacent tracts and/or lots of record, shall maintain an area sufficient to comply with
all land development regulations including, but not limited to, tract area, lot area, yards,
building setbacks, buffer, street frontage, width at building line, open space and density
requirements, This provision shall not apply when a portion of a parcel is acquired for a
public purpose.
B. Calculating Minimum Required Parcel Area. For the purpose of calculating the minimum
required parcel area, a single parcel cannot lie on more than one side of an existing street.
Any land area lying on more than one side of an existing street shall be required to meet the
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minimum required parcel area for the proposed use or building on each such existing street
side.
C. Double Frontage And Corner Parcels.
1. Double frontage and comer parcels shall comply with front yard requirements and
street building setbacks on all adjacent streets.
2. On comer parcels abutting two (2) intersecting streets there shall be only one (1) side
yard. The remaining parcel line shall be deemed the rear parcel line. The side parcel
line shall be determined as follows:
a. The parcel line opposite the parcel line having the greatest street frontage; or,
b. If the parcel lines abutting on both streets are of equal length, the side parcel
line shall be determined as follows:
1. Where the comer parcel abuts both a side parcel line and a rear parcel
line on adjacent parcels, the side parcel line for the comer parcel shall
be the same as for the abutting line.
11. Where the comer parcel abuts either two (2) side parcel lines or two
(2) rear parcel lines on adjacent parcels, the side parcel line for the
comer parcel shall be designated by the applicant at the time of his
application for a site development permit or development plan
approval, as applicable.
3. On comer parcels abutting three (3) intersecting streets, the remaining parcel line
shall be deemed the side parcel line.
D. Obstruction To Vision At Intersections. On comer parcels where front yards and/or
building setbacks are required, no obstruction, including landscaping, shall be permitted to
impede visibility between a height of two and one-half feet (2 Y2') and ten feet (10') above
the grades of the intersecting streets at their point of intersection in an area bounded by the
intersection of any two (2) right-of-way lines of streets, or a street and railroad, and a straight
line intersecting those two (2) right-of-way lines at points twenty-five feet (25') from their
intersection.
E. Waterfront Property. No area lying on the water side of the existing ordinary high water
mark or, if no existing ordinary high water mark, the established ordinary high water mark or
shoreline boundary line, shall be considered or utilized for the purpose of fulfilling or
computing any required yard, building setback, buffer strip, width at building line or open
space for principal buildings nor shall such area be utilized for fulfilling or computing
residential land area or residential density other than for one-family dwellings located on a
single parcel.
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SECTION 3.0
YARDS AND BUILDING SETBACKS
A. Adjacent Buildings. No part of a yard or building setback required for any building may be
included as fulfilling the yard or building setback requirements for an adjacent building.
B. Permitted Encroachments. The following yard and building setback encroachments shall be
permitted:
1. Breezeways and Porte Cocheres. Breezeways and porte cocheres are permitted in
front, rear and side yards, provided, however, that all such structures located within
side yards in a residential zoning district (SR-IAA, SR-IA, SR-l, SR-2, MR-l, MR-
2, MR-3) shall be located at least ten feet (10') from such required side yard parcel
line. No breezeway or porte cochere shall be permitted to extend or project beyond a
line drawn perpendicularly upward from eighteen inches (18") inside the curb line
facing a street. A clear space of not less than nine feet (9') shall be provided below
all such structures. Breezeways may be designed so that they provide a covered
entrance into any building provided, however, that such breezeways shall not be
designed so as to be considered as, or function as, an outdoor covered patio area. In
addition, no porte cochere shall be designed so as to be considered as, or function as,
a carport.
2. Screened Swimming Pool Enclosure. Any swimming pool enclosure which consists
of screening on three (3) or more sides shall be considered as an accessory building
for the purposes of determining setbacks, except that such screened swimming pool
enclosure may be attached to the principal building.
3. Patio and Porch Areas. All rear patio and porch areas, whether screened or open
on the sides, whether attached or unattached to the principal building and whether
covered or uncovered shall be subject to all the requirements of these land
development regulations for accessory building setbacks.
4. Fallout Shelters. Fallout shelters are permitted within principal buildings or as
accessory buildings provided all dimension and area requirements are complied with.
In addition, fallout shelters designed solely for the purpose of providing protection
against the ravages of nuclear blasts or other similar disasters, including natural
disasters, are permitted in required side yards provided all such structures are
constructed entirely below finished grade except for the hatch which may extend a
maximum of six inches (6") above finished grade and the vent pipe which shall not
be limited as to height Fill, if used, shall be considered a part of the structure.
5. Building Overhangs. Permitted building overhangs shall be as follows:
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a. Sills or belt courses may project up to twelve inches (12") into a yard.
b. Movable awnings may project up to three feet (3') into a required yard
except that where such yard is less than six feet (6') in width such projection
shall not exceed one-half the width of the yard.
c. Chimneys, fireplaces or pilasters may project up to two feet (2') into a
required yard.
C. Yard and Building Setback Exceptions. The Planning and Zoning Commission, upon
appeal by an applicant, may waive or reduce required building setbacks or yards if such
reductions would not be detrimental to surrounding areas.
D. Prohibited Encroachments.
. No dumpster or area specifically designated for garbage cans shall be located within
a front yard or front yard setback.
. Vehicles shall not be parked in the front or side yards of a lot or in the right-of-way
adiacent to any lot unless parking occurs in the area of a lot permitted for a driveway
with any associated curb cut permit.
SECTION 4.0 COMMERCIAL VEHICLES
The following types of vehicles shall not be parked or stored in SR-IAA, SR-IA, SR-I, SR-2, MR-I,
MR-2, MR-3 or RMOI Zoning Districts or in residentially designated areas located in a PD Zoning
District provided however that normal loading or unloading of such vehicles during the time
normally required for service is permitted:
. trucks and/or equipment weighing over ~ 7,500 pounds;
. commercial and/or school buses;
. commercial wreckers (except wreckers that participate in the City of Sanford Police
Department's call allocation system);
. hearses, ambulances;
. agricultural trucks, tractors;
. truck-tractors;
. semi-trailers.
SECTION 5.0
INOPERABLE OR UNLICENSED VEHICLES
Parking or storage of automobiles, trucks, travel trailers, trailers of any type, mobile homes and/or
any other type of motor vehicle that is either inoperable and/or without current license plates is
prohibited in SR-IAA, SR-IA, SR-I, SR-2, MR-I, MR-2, MR-3 or RMOI Zoning Districts or in
residentially designated areas located in a PD Zoning District unless such parking or storage is
located indoors as defined in the land development regulations provided however that vehicles
customarily used in agricultural activities shall be excluded from this provision.
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SECTION 6.0
LIGHTING STANDARDS
A. Intent.
It is the intent of this Section to encourage lighting practices that will benefit the public by
minimizing light pollution, glare, light trespass and sky glow and maintaining night time
safety, utility and security.
B. Scope and Applicability.
All exterior outdoor lighting installed after the effective date of this section in any and all
zones in the City shall comply with the requirements established by this section unless
otherwise exempted. This ordinance does not apply to indoor lighting.
When an outdoor lighting installation is being modified, extended, expanded or added to, the
entire lighting installation shall be subject to the requirements of this section.
When outdoor lighting installation or replacement is part of a development proposal for
which site plan approval is required, the Planning and Zoning Commission shall review and
approve the lighting installation as part of its site plan approval.
C. Definitions.
Active. Refers to an area, entrance or feature that is frequently used and has a high level
of activity or movement.
Cut off fixture. An outdoor light fixture shielded or constructed in such a manner that
no more than two and one-half percent (2 Y2%) of the total light emitted by the fixture is
projected above the horizontal plane of the fixture.
Footcandle. A unit of measure for luminance. A unit of luminance on a surface that is
everywhere one (1) foot from a uniform point source of light of one (1) candle and equal
to one (1) lumen per square foot.
Fully Cutoff Fixture. An outdoor light fixture shielded or constructed in such a manner
that it emits no light above the horizontal plane of the fixture.
Fully Shielded Lighting. Lighting constructed in such a manner that all light emitted by the
fixture, either directly from the lamp or a diffusing element, or indirectly by reflection or
refraction from any part of the luminaire, is projected below the horizontal. Such fixtures
usually have a flat, horizontally oriented lens and opaque (usually metal) sides. They are
often described as "shoebox" luminaires if the luminaire has a predominantly rectangular
form. Fixtures that either have reflecting surfaces or lenses (c1ear or prismatic) located below
the lamp and visible from the side or above and fixtures that can be mounted such that the
shielding is ineffective are not considered fully shielded lighting.
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Glare. The effect produced by a light source within the visual field that is sufficiently
brighter than the level to which the eyes are adapted, to cause annoyance, discomfort or loss
of visual performance and ability.
Horizontal Luminance. The measurement of brightness from a light source, usually
measured in footcandles or lumens, which is taken through a light meter sensor at a
horizontal position.
Inactive. Refers to an area, entrance or feature that is infrequently used and normally
locked.
Light Trespass. Light from an artificial light source that is intruding into an area where it is
not wanted or does not belong.
Lumen. A quantitative unit measuring the amount of light emitted by a light source.
Uniformity Ratio (U. Ratio). Describes the average level of illumination in relation to the
lowest level of illumination for a given area. Example: U Ratio is 4: 1; the lowest level of
illumination should be no less than twenty-five percent (25%) or four (4) times less than the
average level of illumination.
Wall pack. A type of light fixture typically flush-mounted on a vertical wall surface.
c. Exemptions. The following types of lighting are exempted from these regulations:
1. reasonable holiday lighting during the period from October 15 to February 15, ifthe
lighting does not create a hazard or nuisance from glare or luminance.
2. Traffic control signals and devices installed by or at the direction of a public agency.
3. Temporary emergency lighting in use by law enforcement or government agencies or
at their direction.
4. Temporary lighting, used for a period not to exceed thirty (30) days in anyone (1)
year period, for festivals, celebrations or other public activities subject to the same
conditions as holiday lighting.
5. Security lighting controlled by a motion sensor switch that remains on for no longer
than ten (10) minutes after activation, but shall in all cases be shielded and directed
only to the areas where such lighting is required.
6. Temporary construction lighting used for a period not to exceed thirty (30) days in
anyone (1) year period.
7. Outdoor recreational facilities such as tennis courts, sports fields, golf courses,
driving ranges and miniature golf courses; and outdoor assembly uses such as
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stadiums, arenas, amphitheaters and drive-in movie theaters.
8. One (1) and two (2) family dwellings.
D. General Requirements.
1. All exterior lights shall be designed, located, installed and directed in such a manner
as to prevent objectionable light trespass and glare across the property lines an/or
disability glare at any location on or off the property.
2. All parking lot lighting shall use fully cutoff fixtures.
3. All fully cutoff fixtures shall be installed in a horizontal position as designed.
4. All building lighting for security or aesthetics shall use fully cutoff or fully shielded
fixtures, not allowing any upward distribution of light.
5. Flood lighting is discouraged. If used, flood lights must be shielded to prevent:
1. Disability glare for drivers or pedestrians.
11. Light trespass beyond the property line.
111 Light above a ninety degree (900) horizontal plane.
IV. otherwise creating a public hazard or nuisance.
6. All wall pack fixtures shall be cutoff fixtures except those adjacent to an arterial or
collector road, in or adjacent to a residential zoning district or adjacent to a dwelling
unit which shall be of the shoe box type. The lighting use or location of the wall
pack shall determine the maximum footcandle allowed. Except as noted above, wall
packs may be of the non-cutoff type, if located in a commercial or industrial area that
cannot be seen from a roadway or residential parcel or district.
7. Adjacent to residential property, no direct light source shall be visible at the
property line at ground level or above.
8. The maximum height of any outdoor light, as measured from the ground to the top of
the lighting fixture or light pole, whichever is higher, shall be twenty-five (25) feet.
9. The location of outdoor lights shall not conflict with landscaping.
10. The minimum setback of a light-source from a property line shall be a horizontal
distance of twenty (20) feet.
11. Where practicable, electrical service to outdoor lighting installations shall be
underground.
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12. The use of high pressure sodium lamps is recommended.
E. Lighting Standards.
1. The City hereby adopts the following outdoor lighting recommendations of the
Illuminating Engineering Society of North America (rnSNA):
LIGHTING TABLE
Parking Lots Horizontal Illuminance Uniformity
(Footcandles) Ratio
Maximum Minimum
High Level of Activity: 3.6 0.9 4/1
Major Athletic Events
Major Cultural or Civic Events
Regional Shopping Centers
Fast Food Facilities
Medium Level of Activity: 2.4 0.6 4/1
Community Shopping Center
Cultural, Civic, Recreational Event
Office Parking
Airport, Commuter Lots, etc.
Residential Complex
Hospital
Low Level of Activity: 0.8 0.2 4/1
Neighborhood Shopping
Industrial Employee Parking
Educational Facilities
Churches
Building Exterior: Lighting Level (Footcandles)
Entrance, Active 5
Entrance, Inactive 1
Vital Locations or structures 5
Building Surrounds 1
Dark surroundings Bright surroundings
(Residential, Rural & (Commercial areas)
Undeveloped Areas) (Maximum Footcandles)
(Maximum Footcandles)
Service Stations:
Approach 1.5 3
Driveway 1.5 5
Pump Island 20 30
Service Area 3 7
Auto Lots:
Circulation 5 7
Merchandise Display 20 30
Outdoor retail selling areas: Shall not exceed ten (10) times the illumination of
the adjacent street
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Storage Yards:
Active 20
Inactive I
Loading Platforms 20
F. Lighting of Gas Stations, Convenience Stores and All Outdoor Canopies. In addition to
the above standards, the following shall apply:
1. Lighting of gas stations and convenience stores shall not be used to attract attention
to the business. Signs (and any illumination relating thereto) allowed under the
appropriate Schedule of the Sanford Land Development Regulations shall be used for
that purpose.
2. Areas on the apron away from the gasoline pump islands which are used for parking
or vehicle storage shall be illuminated in accordance with the requirements for
parking areas set. If no gasoline pumps are provided, the entire apron shall be treated
as a parking area.
3. Light fixtures mounted on canopies shall be recessed so that the lens cover is
recessed or flush with the bottom surface (ceiling) of the canopy.
G. Lighting Plan Required. The applicant shall submit a lighting plan depicting the foot-
candle dispersion on the site and detail of the proposed fixtures as part of the site
plan/development application. The plan shall include at least the following:
1. A site plan, drawn to scale, showing all buildings, landscaping, parking areas, all
proposed exterior lighting fixtures;
2. Specifications (details) for all proposed lighting fixtures including photometric data,
designation is IESNA 'cutoff' fixtures, and other descriptive information on the
fixtures;
3. Proposed mounting height of all exterior lighting fixtures;
4. Analyses and luminance level diagrams showing that the proposed installation
conforms to the lighting level standards of this section. Off-site lighting shall be
considered in the analyses;
5. Drawing of all relevant building elevations showing the fixtures, the portions of the
walls to be illuminated, the luminance levels of the walls and the aiming points for
any remote light fixtures.
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SCHEDULE R
AIRPORTS AND AIRCRAFT
SECTION 1.0
SHORT TITLE
This Schedule shall be known and may be cited as "Schedule R, Airports and Aircraft."
SECTION 2.0
DEFINITIONS
For the purposes of this Schedule, the following terms shall have the meanings ascribed to them in
this section:
Airport - means the Orlando Sanford Intel11ational AirpOlt, Sanford, Florida.
Airport elevation - The highest point of an airport's usable landing area measured in feet above
mean sea level. The established airport elevation of the Orlando Sanford Intel11ational Airport,
Sanford, Florida, is fifty five feet (55') above mean sea level (AMSL).
Airport hazard - Any structure or object of natural growth located on or in the vicinity of a public
airport, or any use of land near such airport, which obstructs the airspace required for the flight of
aircraft in landing or takeoff at such airport or is otherwise hazardous to such landing or takeoff of
aircraft.
Airport primary surface - A surface longitudinally centered on a runway. When the runway has a
specially prepared hard surface, the primary surface extends two hundred (200) feet beyond each
end of that runway. The width of the primary surface of a runway will be that width prescribed in
Part 77 of the Federal Aviation Regulations (FAR) for the most precise approach existing or
planned for either end of that runway. The elevation of any point on the primary surface is the same
as the elevation of the nearest point on the runway center line.
Airport zoning chart - Refers to a chart or map of the area affected by the airport zoning, which
shows the layout of the runways, the airport boundaries and the airport elevation. The chart also
sets forth the various zones with the applicable height limitations for each. The chart identifies
topographic features such as major streams, rivers, railroads, roads and streets.
Airspace height - For the purpose of determining the height limits in all zones set forth in this
Schedule and shown on the zoning map, the datum shall be mean sea level elevation unless
otherwise specified.
Control zone - Airspace extending upward from the surface of the earth which may include one or
more airports and is normally a circular area of five (5) statute miles in radius, with extensions
where necessary to include instrument approach and departure paths.
Decision height - The height at which a decision must be made during a precision instrument
approach, to either continue the approach or to execute a missed approach.
Instrument runway - A runway having an existing instrument approach procedure or planned in
the Orlando Sanford Intel11ational Airport Master Plan, July 2002 and FAA approved amendments,
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utilizing air navigation facilities or area-type navigation equipment, for which an instrument
approach procedure has been approved or planned.
Minimum descent altitude - The lowest altitude, expressed in feet above mean sea level, to which
descent is authorized on final approach or during circle-to-Iand maneuvering in execution of a
standard instrument approach procedure, where no electronic glide slope is provided.
Minimum en route altitude - The altitude in effect between radio fixes which assures acceptable
navigational signal coverage and meets obstruction clearance requirements between those fixes.
Minimum obstruction clearance altitude - The specified altitude in effect between radio fixes on
VHF omnidirectional radio range (VOR) airways, off-airway routes, or route segments which meets
route segment and which assures acceptable navigational signal coverage only within twenty-two
(22) miles of a VOR.
Runway - A defined area on an airport prepared for landing and takeoff of aircraft along its length.
Visual runway - A runway intended solely for the operation of aircraft using visual approach
procedures with no straight-in instrument approach procedure and no instrument designation
indicated on an FAA-approved airport layout plan, a military service's approved military airport
layout plan, or by any planning document submitted to the FAA by competent authority.
SECTION 3.0
AIRPORT ZONING MAP
In order to outline definitely the horizontal and vertical limits beyond which the projection of any
structure or tree will constitute an airport hazard, the Airport Height Zoning Map of the Orlando
Sanford International Airport, Sanford, Florida, attached hereto, is hereby incorporated into this
article and made a part hereof.
SECTION 4.0
AIRPORT HEIGHT ZONES AND LIMIT A TIONS
1. Horizontal surface: The land lying under a horizontal plane one hundred and fifty (150)
feet above the established airport elevation, two hundred and five feet (205') AMSL at
Sanford. The perimeter of the horizontal zone at Orlando Sanford International Airport is
constructed by swinging arcs of ten thousand (10,000) feet radii from the center of each end
of the primary surface of each end of runway and connecting the adjacent arcs by lines
tangent to those arcs.
No structure shall be permitted in the horizontal zone that would exceed one hundred and
fifty (150) feet above the established airport elevation as depicted on the Airport Height
Zoning Map of Sanford, Florida.
2. Conical zone: The land lying under a surface extending outward and upward from the
periphery of the horizontal surface at a slope of twenty to one (20 to 1) for a horizontal
distance of four thousand (4000) feet at Orlando Sanford International Airport. The conical
surface extends upward to an elevation of four hundred five (405) AMSL.
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No structure shall be permitted in the conical zone that would penetrate the conical surface
as depicted on the Airport Height Zoning Map of Sanford, Florida.
3. Approach zones: The land lying under a surface longitudinally centered on the extended
runway center line and extending outward and upward from each end of the primary
surface. An approach surface is applied to each end of each runway based upon the type of
approach available or planned for the runway end and is depicted on the Airport Height
Zoning Map of Sanford, Florida.
a. The inner edge of the approach surface is the same width as the primary surface of
each runway, two hundred and fifty (250) feet wide for runways 9C and 27C; and
one thousand (1,000) feet wide for runways 9L, 9R, 27L, 27 R, 18 and 36 at
Orlando Sanford Intemational AirpOlt. The outer edge of the approach surface is:
1. One thousand two hundred and fifty (1,250) feet for runways 9C and 27C.
11. Sixteen thousand (16,000) feet for runway 9L, 9R, 27L, 27R, 18 and 36.
b. The approach zone extends for a horizontal distance of five thousand (5,000) feet
for runways 9C, 27C, and fifty thousand (50,000) feet for runway 9R, 9L, 27L, 27R,
18 and 36.
c. The slopes of the approach zones are as follows:
1. Twenty to one (20 to 1) for runways 9C and 27C.
11. Fifty to one (50 to 1) for the first ten thousand (10,000) feet horizontal
distance with an additional twelve thousand (12,000) feet horizontal distance
at a slope of forty to one (40 to 1) until intersection with a plane five
hundred (500) feet above the airport elevation for twenty-eight thousand
(28,000) feet for runways 9L, 27R, 9R, 27L, 18 and 36 as depicted on the
Airport Height Zoning Map of Sanford, Florida.
d. No structure shall be permitted in the approach zone that would penetrate the
approach slope that runway, as depicted on the Airport Height Zoning Map of
Sanford, Florida.
4. Transitional zone: The land lying under surfaces extending outward and upward at right
angles to the runway center line and the runway center line extended at a slope of seven to
one (7 to 1) form the sides of the primary and approach surfaces. However, when the slope
of seven to one (7 to 1) intersects a plane five hundred (500) feet above the established
airport elevation, the transitional surface becomes a plane five hundred (500) feet above the
established airport elevation as depicted on the Airport Height Zoning Map of Sanford,
Florida.
No structure shall be permitted that would penetrate the transitional surface as depicted on
the Airport Height Zoning Map of Sanford, Florida.
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5. Altitude: No structure shall be permitted in the City of Sanford that would raise an existing
published minimum descent altitude or decision height for any instrument approach to any
runway at the Orlando Sanford International Airport, nor shall any structure be permitted
that would raise or increase the minimum obstruction clearance altitude or minimum en
route altitude on any federal airway in the City of Sanford.
SECTION 5.0
USE RESTRICTIONS
Notwithstanding any other provision of this Schedule, no use may be made of land or water within
the City of Sanford in such a manner as to interfere with the operation of an airborne aircraft. The
following special requirements shall apply to each permitted use:
1. All lights of illumination used in conjunction with streets, parking, signs or use of land and
structures shall be arranged and operated in such a manner that it is not misleading or
dangerous to aircraft operating from the Orlando Sanford International Airport or in the
vicinity thereof.
2. No operation from any use shall project smoke, glare or other visual hazards within three
(3) statute miles of any usable runway of the Orlando Sanford International Airport.
3. No operations from any use in the City of Sanford shall produce electronic interference with
navigation signals or radio communication between the airport and aircraft.
SECTION 6.0
NONCONFORMING USES
The regulations prescribed in Sections 4.0 and 5.0 of this Schedule shall not be construed to require
the removal, lowering or other change or alteration of any structure or tree not conforming to the
regulations as of the effective date of this Schedule, or otherwise interfere with the continuance of
any nonconforming use. Nothing herein contained shall require any change in the construction,
alteration or intended use of any structure the construction or alteration of which was begun prior to
the effective date of this Schedule.
SECTION 7.0
LIGHTING
Notwithstanding the provisions of this Schedule, the owner of any structure over two hundred
(200) feet above ground level must install on that structure lighting in accordance with Federal
Aviation Administration Advisory Circular 70/7460-1K and FAA amendments. Additionally, any
structure exceeding nine hundred and forty-nine (949) feet above mean sea level shall install on
that structure high-intensity white obstruction lights. The high-intensity white obstruction lights
must be in accordance with the Federal Aviation Advisory Circular 70/7460-1K and FAA
Amendments.
SECTION 8.0
HEIGHT VARIANCES AND CONDITIONAL USES
1. General. Any person desiring to erect or increase the height of any structure, or use his
property not in accordance with the regulations prescribed in this Schedule may apply to
the City of Sanford Board of f~djustment Administrative Authority or the Planning and
Zoning Commission. A variance shall be required for single-family homes or duplexes. A
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conditional use shall be required for all other uses. No application for variance or
conditional use to the requirements of this Schedule may be considered by the Board of
.^.djustment Administrative Authority or the Planning and Zoning Commission unless a
copy of the application has been provided the airport manager of Orlando Sanford
International Airport for his review and advice as to aeronautical effects of the variance or
conditional use. If the Orlando Sanford International Airport manager does not respond to
the application for variance or conditional use within fifteen (15) days after receipt, the
Board of Adjustments Administrative Authority or Planning and Zoning Commission may
act on its own to grant or deny said application for a variance or conditional use,
respectively.
2. Criteria for granting a variance. No Valiance shall be approved solely on the basis that
such proposed structure will not exceed federal obstruction standards as contained in 14
C.P.R. 77.21,77.23,77.25,77.28 or 77.29, or any other federal aviation regulation.
When determining whether to issue or deny a variance, the following shall be considered:
a. The nature of the terrain and the height of existing structures;
b. Public and private interests and investments;
c. The character of flying operations and planned developments of the airport;
d. Federal airways as designated by the Federal Aviation Administration;
e. Whether the construction of the proposed structure would cause an increase in the
minimum descent altitude or the decision height at the airport;
f. Technological advances;
h. Land use density or intensity;
1. The safe and efficient use of navigable airspace;
J. The cumulative effects on navigable airspace of all existing structures, proposed
structures identified in the Sanford Comprehensive Plan and all other known
proposed structures in the area.
C. Documentation Required. Each person applying for a variance shall submit
documentation showing compliance with the federal requirement for notification of
proposed construction and a valid aeronautical evaluation.
SECTION 9.0
PERMITS
1. Future Uses: No material change shall be made in the use of land, and no structure or tree
shall be erected, altered, planted or otherwise established in any airport approach zone,
horizontal zone, conical zone or transitional zone, unless a permit therefore shall have been
applied for and granted by the City of Sanford Airport Zoning Commission. However, a
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permit for a tree or structure of less that seventy-five (75) feet of vertical height above the
ground shall not be required in the horizontal or conical zone or in any approach or
transition zone beyond a horizontal distance or five thousand (5,000) feet from each end of
the runway, except when such tree or structure, because of terrain, land contour or
topographic features, would extend above the height limit prescribed for the respective
zone.
Each such application shall indicate the purpose for which the permit is desired, with
sufficient particularity to permit it to be determined whether the resulting use, structure or
tree would conform to the regulations herein prescribed. If such determination is in the
affirmative, the permit applied for shall be granted.
2. Existing Uses: Before any existing use, structure or tree may be replaced, substantially
altered or repaired, rebuilt, allowed to grow higher or replanted within any airpOlt approach
zone, horizontal zone, conical zone or transitional zone, a permit must be secured
authorizing such replacement, change or repair from the Administrative Authority or the
Planning and Zoning Commission City of Sanford Airport Zoning Commission. No such
permit shall be granted that would allow the establishment or creation of an airport hazard
or permit a nonconforming use, structure or tree to be made or become higher, or become a
greater hazard to air navigation that it was on the effective date of this Schedule or than it is
when the application for a permit for replacement, change or repair of existing use, structure
or tree shall be granted.
3. Abandoned or Destroyed Nonconforming Use or Structure: Whenever the
Administrative Authority or the Planning and Zoning Commission City of Sanford .^.irport
Zoning Commission determines that a nonconforming use or nonconforming structure or
tree has been abandoned for a period of six (6) months or is more than eighty (80) per cent
tom down, destroyed, deteriorated or decayed, no permit shall be granted that would allow
said structure or tree to exceed the applicable height limit or otherwise deviate from the
zoning regulations.
SECTION 10.0
ADMINISTRA TIVE .A~CENCY AUTHORITY
The Administrative Authority, as determined by action of the City Commission. or the Planning
and Zoning Commission shall have the administrative power to implement the provisions of this
Schedule. The City of Sanford :\irport Zoning Commission is hereby designated the administrative
agency changed \vith the duty of administering and enforcing the regulations herein prescribed
within their respective territorial limits. The Orlando Sanford International Airport Design Re':ie\v
Committee (DRC) sits as the City of Sanford Airport Zoning Commission. The duties of the
administrative agency shall include that of hearing and deciding all permits under Section 9.0
Permits, but the administrati'le agency shall not have or exercise any of the pmvers or duties herein
delegated to the Board of .^.djustments or the Planning and Zoning Commission.
SECTION 11.0
CONFLICTING REGULATIONS
Where this Schedule imposes a greater or more stringent restriction upon the use of land than is
imposed or required by any other ordinance or regulation, the provisions of this Schedule shall
govern.
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