3593 ORDINANCE NO. 3593
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA,
AMENDING ORDINANCE NO. 3117 OF SAID CITY, SAID
ORDINANCE BEING THE LAND DEVELOPMENT
REGULATIONS; SAID AMENDMENTS INCLUDE AMENDING
SECTION 3.8, ADMINISTRATIVE APPEALS, TO PROVIDE
THAT APPEALS MAY BE INITIATED BY A MEMBER OF
THE CITY COMMISSION; AMENDING SECTION 3,
PLANNING AND ZONING COMMISSION ACTION, OF
SECTION A, APPLICATION FOR CONDITIONAL USE, OF
3.9, CONDITIONAL USES, TO ELIMINATE REFERENCE TO
A MAJORITY VOTE BY THE PLANNING AND ZONING
BOARD; AMENDING SECTION 10.1, FEES, TO PROVIDE
FOR WAIVER OF THE FEES; PROVIDING FOR
CONFLICTS, SEVERABILITY, CODIFICATION, AND
EFFECTIVE DATE.
WHEREAS, it is the desire of the City Commission of the City of Sanford to amend
Section 3.8, Administrative Appeals of the Land Development Regulations of the City of
Sanford to provide that appeals can be initiated by the City Commission;
WHEREAS, it is the desire of the City Commission of the City of Sanford to amend
Section 3, Planning and zoning commission action on application, of Section A, Application
for Conditional Use, of Section 3.9, Conditional Uses, of the Land Development
Regulations of the City of Sanford to eliminate the reference to a majority vote by the entire
membership of the Planning and Zoning Board;
WHEREAS, it is the desire of the City Commission of the City of Sanford to amend
Section 10. 1 , Fees, of the Land Development Regulations of the City of Sanford to provide
that the fees for the appeals shall be waived if initiated by a member of the City
Commission;
NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF
SANFORD, FLORIDA:
SECTION 1: That Section 3.8, Administrative Appeals, of the City of Sanford Land
Development Regulations, Ordinance No. 3117, is hereby deleted in its entirety and the
new Section 3.8 is adopted as follows:
Section 3.8 Administrative Appeals
A. Right of appeal. Appeals to the City Commission may be
taken by any person aggrieved or by any officer, board,
commission or agency of the City or by the City Commission
in the enforcement of this Ordinance.
B. Procedure for appeal; time limitation. An appeal to the
City Commission shall be taken within thirty (30) days after
rendition of the order, requirement or determination by the
Planning and Zoning Commission, Board of Adjustment,
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 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
section 3.12. 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
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Ordinance No. 3593
Planning and Zoning Commission, Board of Adjustment,
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. The City
Commission may, upon appeal, reverse or affirm, wholly or
partly, or may modify the order, requirement, decisions, or
determination made by the Planning and Zoning Commission,
Board of Adjustment, Historic Preservation Board, Airport
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 an order, requirement, decision or determination of the
Planning and Zoning Commission, Board of Adjustment,
Historic Preservation Board, Airport Zoning Board or the
Administrative Official, by the City Commission.
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 or 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
and of section 3.12, to govern proceedings upon appeals from
orders, requirements, decisions or determinations of the
Planning and Zoning Commission, Board of Adjustment,
Historic Preservation Board, Airport Zoning Board or the
Administrative Official.
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Ordinance No. 3,593
SECTION 2' That Section 3, Planning and Zoning Commission Action on
Application, of Section A, Application for Conditional Use, of Section 3.9, Conditional
Uses, of the City of Sanford Land Development Regulations, Ordinance No. 3117, is
hereby deleted in its entirety and the new Section 3.9 A. 3 is adopted as follows:
3. Planning and Zoning Commission action on
application. Upon receipt of an application for a conditional
use, the Planning and Zoning Commission shall hold a public
hearing upon the application in accordance with the
procedures in section 3.13 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.
SECTION 3; That Section 10.1, Fees, of the City of Sanford Land Development
Regulations, Ordinance No, 3117, is hereby deleted in its entirety and the new Section
10,1, Fees, is adopted as follows:
Section 10.1. Fees.
No request for permits, certificates, applications, inspections
and/or any other authorization required by this ordinance shall
be accepted by the Administrative Official unless and until all
fees required to accompany the same are paid in full, except
that fees shall be waived for appeals initiated by a member of
the City Commission. The City Commission may, upon
request and for proper cause, waive any or all of the fees
required by this ordinance. Fees shall be established
concurrently or after the effective date of this ordinance and
thereafter amended by resolution of the City Commission. A
copy of such resolution, upon adoption, shall be filed with the
Administrative Official. The Administrative Official may
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Ordinance No, 3593
recommend to the City Commission a fee schedule to be
embodied in such resolution establishing fees and may
recommend amendments, updates, additions, corrections and
other appropriate modifications to such fee schedule from time
to time or as may be requested by the City Commission,
SECTION 4: Conflicts. That all ordinances or parts of ordinances in conflict
herewith be and the same are hereby revoked.
SECTION 5: Severability. If any section or portion of a section of this Ordinance
proves to be invalid, unlawful or unconstitutional it shall not be held to impair the validity,
force or effect of any other section or part of a section of this Ordinance.
SECTION 6: Codification. It is the intention of the City Commission of the City of
Sanford, Florida, and it is hereby ordained that the provisions of this Ordinance shall
become and be made a part of the Code of Ordinances of the City of Sanford, Florida; that
the Sections of this Ordinance may be renumbered or relettered to accomplish such
intention; that the word, "Ordinance," may be changed to "Section," "Article," or other
appropriate word.
SECTION 7: Effective Date. That this Ordinance shall become effective
immediately upon its passage and adoption.
Ordinance No. 3593
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