1909 ORDINANCE NO. 1909
AN ORDINANCE AMENDING ORDINANCE NO. 1097 OF
THE CITY OF SANFORD, FLORIDA, "ENTITLED
APPENDIX A - ZONING ORDINANCE" BY AMENDING
ARTICLE II - DEFINITIONS, ARTICLE V - USE
PROVISIONS, AND ARTICLE VIII - SUPPLEMENTARY
REGULATIONS TO PROVIDE THAT RESIDENTIAL CARE
FACILITIES INCLUDING BUT NOT LIMITED TO
FOSTER HOMES, GROUP HOMES, FAMILY SHELTER
HOMES AND ADULT CONGREGATE LIVING FACILITIES
MAY BE UTILIZED AS PERMITTED USES OR
CONDITIONAL USES WITHIN CERTAIN RESIDENTIAL,
COMMERCIAL AND AGRICULTURAL ZONE AREAS OF THE
CITY; PROVIDING FOR SEVERABILITY, CONFLICTS
AND EFFECTIVE DATE.
BE IT ENACTED BY THE PEOPLE OF THE CITY OF SANFORD,
FLORIDA, THAT ORDINANCE 1097 OF THE CITY OF SANFORD, FLORIDA,
ENTITLED "APPENDIX A - ZONING ORDINANCE" BE AND THE SAME IS
HEREBY AMENDED AS FOLLOWS:
SECTION 1: Article II, Definitions of Terms Used In
the Regulations, 72 MR-1 and MR-2--Conditional use--"Adult
congregate living facility" is hereby deleted in its entirety.
SECTION 2: Article II, Definitions of Terms Used In
the Regulations, 73 RMOI--Conditional use--"Adult congregate
living facility" is hereby deleted in its entirety.
SECTION 3: Article II, Definitions of Terms Used In
the Regulations, 72--"Residential care facility" is hereby added:
A. Purpose. It is the intent of the City of Sanford
that elderly persons, physically disabled persons, develop-
mentally disabled persons, non-dangerous mentally ill persons and
dependent children be entitled to the benefits of living in
normal residential communities and that such persons be able to
receive treatment, care, rehabilitation and education in the most
appropriate setting. In furtherance of these interests the City
of Sanford intends that residential care facilities be
'established in the residential and other areas of the City
according to the provisions of this Ordinance.
B. Definitions.
1. ~esidential Care Facility (RCF). A living
facility which operates to provide the physical, emotional, and
social needs of its residents in a family-like setting,
regardless of the number of residents. Such facilities shall
include, but are not limited to: foster homes, group homes,
family shelter homes and adult congregate living facilities as
those terms are defined in the Florida Statutes.
a. RCF Levels of Care.
(1) Low Intensity:
(a) Direct 24 hour supervision not
required at all times.
(b) Staff ratio of not more than one
on duty supervisor to eight (8) assigned residents.
(c) Facility emphasis on personal
care, shelter, sustenance and other support services.
(2) High Intensity:
(a) Direct 24 hour supervision
required at all times.
(b) Staff ratio of more than one on
duty supervisor to eight (8) assigned residents.
(c) Facility emphasis on treatment,
care, rehabilitation and/or education.
b. RCF Capacity Limitations. The capacity
limitations restrict the number of residents in a residential
care facility but do not include the owner/operator or members of
his/her family.
c. RCF Standards.
(1) The external appearance of a
residential care facility shall maintain the general character of
the neighborhood in a single family district.
(2) There shall be a minimum distance
between all residential care facilities in single family and
multi-family districts, measured from property line: fifteen
hundred (1500) feet.
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Ordinance No. 1909
(3) There shall be a responsible person
over the age of eighteen (18) on site and on duty at all times
while residents are in the facility.
(4) There shall be sufficient off-
street parking: one space for every five (5) residents and one
space for every two (2) staff members.
(5) There shall be sufficient outside
recreational area: a minimum of fifty (50) square feet per
resident.
(6) There shall be no identification
signs in single family districts.
(7) Site development plans shall be
required for all residential care facilities. Facilities which
care for more than three residents or which require a conditional
use permit shall obtain approval from the Planning and zoning
Commission. Facilities which care for up to three residents may
be approved by the City Staff.
(8) Any residential care facility,
whether or not it is inspected by any other governmental entity,
shall be inspected annually by the City Fire Department for fire
safety in accordance with applicable Fire Safety Codes as a
condition precedent to an occupationallicense or any renewal
thereof.
2. Resident. A resident means a person who is
provided with room, board and personal care in a residential care
facility including, but not limited to: elderly persons,
physically disabled persons, persons with a developmental
disability as defined in §393,001(1), Florida Statutes, non-
dangerous persons who are mentally ill as defined in §394.455(3),
Florida Statutes, and dependent children as defined in §39.01(9),
Florida statutes. The term "resident" shall not include any
person determined to meet the criteria for involuntary placement
set forth in §394,467(1) Florida Statutes, or any person who has
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Ordinance No.
been convicted of or entered a plea of guilty or nolo contendere,
or has been found not guilty by reason of insanity of a forcible
felony under §776.08, Florida Statutes, or any of the sex
offenses set forth under §917.012(1), Florida Statutes, without
regard to whether adjudication of guilt or imposition of sentence
was suspended, deferred or withheld or any person who has a
reportable communicable disease as set forth in Florida
Administrative Code - No. 10 D-3.
C. Permitted Use. Residential care facilities which
comply with the RCF standards shall be permitted uses in the City
of Sanford as follows:
1. Residential Care Facilities of Low Intensity.
such facilities shall be permitted uses as follows:
Capacity Limitations Zoning Districts
1. A maximum of 6 residents MR-1L, RC-1
2. A maximum of 8 residents MR-l, MR-2, AD, PUD
3. Unlimited RMOI, GC-2, SC-3
2. Residential Care Facilities of High Intensity.
Such facilities shall be permitted uses as follows:
Capacity Limitations Zoning Districts
1. A maximum of 8 residents MR-l, MR-2, AD
2. Unlimited RMOI, GC-2, SC-3
3. Conditional Use. Residential care facilities
which comply with the RCF standards may be permitted in the City
of Sanford as follows:
a. Residential Care Facilities of Low
Intensity. Such facilities may be permitted as conditional uses
in the City of Sanford as follows:
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Ordinance No. 1909
Capacity Limitations Zoning Districts
1. A maximum of 4 residents SR-1AA, SR-1A, SR~i
MP-AA, MP-1
2. A maximum of 8 residents RC-1, MR-1L
3. A maximum of 16 residents MR-l, MR-2
4. Over 16 residents AD
(See Exhibit 1, Table of Zoning Districts with Allowable
Intensities and Capacities)
b. Residential Care Facilities of High
Intensity. such facilities may be permitted as conditional uses
in the City of Sanford as follows:
Capacity Limitations Zoning Districts
1. A maximum of 16 residents MR-l, MR-2
2. Over 16 residents AD
(See Table of Zoning Districts with Allowable Intensities and
Capacities)
E. Licensing. All residential care facilities in
the City of Sanford shall be required to obtain a City
Occupational License. All such facilities shall comply with any
applicable state physical plant standards and shall furnish proof
of state licensure if applicable, before issuance of a City
Occupational License.
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Ordinance No.
F. Table of Zoning Districts With Allowable Intensities and Capacities
I -A I -B I I -A I I -B I I I -A I I I -B IV-A IV-B V-A V-B
SR - 1AA C ~
SR-1A C
SR-1 C
SR-2 ........
MR-1 P P P P P C C
O MR-2 P P P P P C C
~ MR-1L P P C
~- RMOI P P P P P P P P P P
~ PUD P P P
~ MP-AA C C
· ~ MP-A C C
Z ! RC-1 P P C
O ! GC-2 P P P P P P P P P P
SC-3 P P P P P P P P P P
~ p
Ri-1 ..........
M1-2 .........
AD P P P P P P C C C C _)
LEGEND
A = low intensity
B = high intensity
I = up to 4 residents
II = up to 6 residents
III= up to 8 residents
IV = up to 16 residents
V = over 16 residents
P = permitted use
C = conditional use
SECTION 4: Article V Use Provisions, Section 1 SR-
1AA Single-Family Residential District, B. Conditional Uses
Permitted add Number 8 as follows:
"8. Residential care facilities of low intensity with
a maximum of four (4) residents."
SECTION 5: Article V Use Provisions, Section 5 MR-1
Multiple-Family residential Dwelling District, A. Uses Permitted
add Number 4 as follows:
"4. Residential care facilities of low intensity with
a maximum of eight (8) residents."
SECTION 6: Article V Use Provisions, Section 5 MR-1
Multiple-Family Residential Dwelling District, A. Uses Permitted
add Number 5 as follows:
"5. Residential care facilities of high intensity with
a maximum of eight (8) residents."
SECTION 7: Article V Use Provisions, Section 5 MR-1
Multiple-Family Residential Dwelling District, B. Conditional
Uses Permitted Number 4 "Adult congregate living facility" is
deleted in its entirety.
SECTION 8: Article V Use Provisions, Section 5 MR-1
Multiple-Family Residential Dwelling District, B. Conditional
Uses Permitted add Number 4 as follows:
"4. Residential care facilities of low intensity with
a maximum of sixteen (16) residents."
SECTION 9: Article V Use Provisions, Section 5 MR-1
Multiple-Family Residential Dwelling District, B. Conditional
Uses Permitted add Number 6 as follows:
"6. Residential care facilities of high intensity with
a maximum of sixteen (16) residents."
SECTION 10: Article V Use Provisions, Section 6 MR-2
Multiple-Family Residential Dwelling District, B. Conditional
Uses Permitted Number 4 "Adult congregate living facilities" is
deleted in its entirety.
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Ordinance No. 1909
SECTION 11: Article V Use Provisions, Section 6 MR-2
Multiple-Family Residential Dwelling District, B. Conditional
Uses Permitted add Number 4 as follows:
"4. Residential care facilities of low intensity with
a maximum of sixteen (16) residents."
SECTION 12: Article V Use Provisions, Section 6 MR-2
Multiple-Family Residential Dwelling District, B. Conditional
Uses Permitted add Number 5 as follows:
"5. Residential care facilities of high intensity
with a maximum of sixteen (16) residents."
SECTION 13: Article V Use Provisions, Section 13 AD
Agricultural District, A. Uses Permitted add Number 3 as follows:
3o Residential care facilities of low intensity with
a maximum of eight (8) residents.
SECTION 14: Article V Use Provisions, Section 13 AD
Agricultural District, A. Uses Permitted add Number 4 as
follows:
"4. Residential care facilities of high intensity
with a maximum of eight (8) residents."
SECTION 15: Article V Use Provisions, Section 13 AD
Agricultural District, B. Conditional Uses Permitted add Number 9
as follows:
"9. Residential care facilities of low intensity with
nine (9) or more residents."
SECTION 16: Article V Use Provisions, Section 13 AD
Agricultural District, B. Conditional Uses Permitted add Number
10 as follows:
"10. Residential care facilities of high intensity
with nine (9) or more residents."
SECTION 17: Article V Use Provisions, Section 14 MR-
1L Multiple-Family Residential Limited Dwelling District, A. Uses
Permitted add Number 4 as follows:
"4. Residential care facilities of low intensity with
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Ordinance No. 1909
a maximum of six (6) residents."
SECTION 18: Article V Use Provisions, Section 14 MR-
1L Multiple-Family Residential Limited Dwelling District, B.
Conditional Uses Permitted add Number 3 as follows:
"3. Residential care facilities of low intensity with
a maximum of eight (8) residents."
SECTION 19: Article V Use Provisions, Section 8 RC-1
Restricted Commercial District, A. Uses Permitted add Number 12
as follows:
"12. Residential care facilities of low intensity with
a maximum of six (6) residents."
SECTION 20: Article V Use Provisions, Section 8 RC-1
Restricted Commercial District, B. Conditional Use Permitted add
Number 11 as follows:
"11. Residential care facilities of low intensity with
a maximum of eight (8) residents."
SECTION 21: Article V Use Provisions, Section 7 RMOI
Multiple-Family Residential, Office and Institutional District,
A. Uses Permitted add Number 9 as follows:
"9. Residential care facilities of low intensity."
SECTION 22: Article V Use Provisions, Section 7 RMOI
Multiple-Family Residential, Office and Institutional District,
A. Uses Permitted add Number 10 as follows:
"10. Residential care facilities of high intensity."
SECTION 23: Article V Use Provisions, Section 7 RMOI
Multiple-Family Residential, Office and Institutional District,
B. Conditional Uses Permitted Number 5 "Adult congregate living
facilities" is deleted in its entirety.
SECTION 24: Article V Use Provisions, Section 9 GC-2
General Commercial District, A. Uses Permitted add Number 35 as
follows:
35. Residential care facilities of low intensity.
SECTION 25: Article V Use Provisions, Section 9 GC-2
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Ordinance No. 1909
General Commercial District, A. Uses Permitted add Number 36 as
follows:
"36. Residential care facilities of high intensity."
SECTION26: Article VIII Supplementary Regulations,
Section 1 Planned Unit Development District, A. Uses-Permitted
add Number 7 as follows:
"7. Residential care facility of low intensity with a
maximum of eight (8) residents."
SECTION 27: If any section or portion of a section
of this ordinance proves to be invalid, unlawful or unconstitu-
tional, it shall not be held to impair the validity, force or
effect of any other section or part of this ordinance.
SECTION 28: That all ordinances or parts of
ordinances in conflict herewith be and the same are hereby
revoked.
SECTION 29: That this ordinance shall become
effective immediately upon its passage and adoption.
PASSED AND ADOPTED this 27th day of June ,
.A.D. 1988.
~YOR ~ ~' ~
ATTEST:
City of Sanford, Florida.
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Ordinance No. 1909