4409 Freezing Development Approvals Ordinance No. 4409
An ordinance of the City of Sanford, Florida, relating to zoning in
progress and the freezing of development approvals while zoning in
progress is in effect; providing for conditions, time limits and
associated matters relating thereto; providing for implementing
administrative actions; providing for a savings provision; providing
for conflicts; providing for severability; providing for codification as
well as the correction of scrivener's errors; providing for severability
and providing for an effective date.
Be in enacted by the People of the City of Sanford, Florida:
Section 1. Legislative findings.
The City Commission of the City of Sanford has complied with all procedural and
substantive requirements of controlling law in enacting this Ordinance.
Section 2. Zoning in progress. The Land Development Code/Land
Development Regulations of the City of Sanford is amended to read as follows:
(a). During the period of time that the City Commission is considering either a
text amendment to the Comprehensive Plan, an amendment to the Land Development
Code/Land Development Regulations or a change of zoning district, no development
permit or development order of any kind will be issued if issuance would result in the
nonconforming or unlawful use of the subject property should the Comprehensive Plan
amendment, Land Development Code/Land Development Regulations text amendment
or zoning district change be finally enacted by the City Commission. The period of time
in which the aforementioned freeze of development permitting shall be in effect shall be
known as the period of zoning in progress.
(b). The zoning in progress period of time shall begin on the earlier of the
following:'
(1). The date the City Commission instructs the City Manager to cause the
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publication of a notice of a public hearing before the City Commission to consider a
resolution declaring zoning in progress; or
(2). The date the Planning and Zoning Commission has held its initial public
hearing on the text amendment or zoning district change.
(3). The period of time in which zoning in progress is in effect shall not to
exceed six (6) months after notice of a public hearing before the City Commission for a
text amendment to the Comprehensive Plan, an amendment'to the Land Development
Code/Land Development Regulations or a change of zoning district has been published;
provided, however, that, the City Commission may extend the zoning in progress by up
to six (6) additional months if deemed necessary for the public health, safety and
welfare; and, further, provided, however, that, if final action by the City Commission is
not taken on the proposed change within the timeframe prescribed in this Section, the
development permit or development order shall be issued if it is consistent with existing
permitted land uses, land development regulations and zoning district requirements.
Section 3. Implementing administrative actions.
The City Manager and City Attorney are hereby authorized and directed to
generally implement the provisions of this Ordinance and to take any and all necessary
administrative actions to bring into effect the provisions of this Ordinance as such
officials may deem appropriate in their respective roles and functions under the City of
Sanford City Charter.
Section 4. Savings; effect of ordinance.
The prior actions of the City of Sanford in terms of the matters relating zoning in
progress, as well as any and all activitiep.of the City of Sanford pertaining thereto or of
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an associated nature, are hereby ratified and affirmed.
Section 6. Codification; scrivener's errors.
(a). Section 2 of this Ordinance shall be codified and all other sections shall
not be codified.
(b). The sections, divisions and provisions of this Ordinance may be
renumbered or re-lettered as deemed appropriate by the Code codifier.
(c). Typographical errors and other matters of a similar nature that do not
affect the intent of this Ordinance, as determined by the City Clerk and City Attorney,
may be corrected with the endorsement of the City Manager, or designee, without the
need for a public hearing.
Section 6. Conflicts.
All ordinances or parts thereof in conflict with this Ordinance are hereby repealed
to the extent of such conflict.
Section 7. Severability.
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance,
or application hereof, is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion or application shall be deemed a separate, distinct,
and independent provision and such holding shall not affect the validity of the remaining
portions thereof.
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Section 8. Effective date.
This Ordinance shall take effect immediately upon enactment.
Passed and adopted this 10th day of July, 2017.
City Commission of the City of
Sanford, Florida
Attest
Cynthia Porter, City Clerk Jeff Triplett, Ma
Approved as to form and legality:
William L. Colbert, Esquire
City Attorney
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