4755 Revision to Schedule FOrdinance No. 2023-4755
An ordinance of the City Commission of the City of Sanford, Florida substantially and
comprehensively revising and amending the provisions of Schedule "F", City of
Sanford Code/Land Development Regulations (LDRs), relating to the requirements for
buildings, parcels, yards, building setbacks and lighting for development activities;
providing for a savings provision; providing for conflicts; providing for severability;
providing for an exhibit, codification and the correction of scrivener's errors; and
providing for an effective date.
Be it enacted by the People of the City of Sanford, Florida:
Section 1. Revision and Amendment of Schedule "F", City of Sanford Code/Land
Development Regulations, Relating to Requirements for Buildings, Parcels, Yards, Building
Setbacks and Lighting for Development Activities; Legislative Intent.
(a). Schedule "F" of the City of Sanford CodelLand Development Regulations is
substantially revised and amended to read as set forth in the Exhibit to this Ordinance which, by this
reference thereto, is incorporated herein as if fully set forth herein verbatim.
(b). Current City land development regulations pertaining to the requirements for
buildings, parcels, yards, building setbacks and lighting for development activities have been under
review for a significant period of time with zoning in progress principles being implemented during that
time in accordance with the provisions of the City's Land Development Regulations and controlling
law
Section 2. Conflicts.
All ordinances or part of ordinances in conflict with this Ordinance are hereby repealed.
Section 3. Severability.
If any section, sentence, phrase, word, or portion of this Ordinance is determined to be invalid,
unlawful or unconstitutional, said determination shall not be held to invalidate or impair the validity,
force or effect of any other section, sentence, phrase, word, or portion of this Ordinance not otherwise
determined to be invalid, unlawful, or unconstitutional.
Section 4. Savings; Effect of Ordinance.
The prior actions of the City of Sanford in terms of the matters relating to any and all actions
and activities of the City pertaining to the City's Land Development RegulationslLand Development
Page 1 of 2
Code, or of an associated nature, to include, but not be limited to, the requirements for buildings,
parcels, yards, building setbacks and lighting for development activities are hereby ratified and
affirmed.
Section 5. Codification; Scrivener's Errors.
(a). The Exhibit referenced in Section 1 of this Ordinance shall be codified and all other
sections of -this Ordinance 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. Effective Date.
This Ordinance shall become effective immediately upon enactment.
Passed and adopted this 23,d day of October, 2023.
Florida.
Traci Houchin, MMC,FCRM
City Clerk
Approved as to form and legs
William L. Colbert
City Attorney
City Commission„ of the City of Sanford,
iyiayor
iciency.
EXHIBIT FOLLOWS:
Page 2 of 2
SCHEDULE F
REQUIREMENTS FOR BUILDINGS, PARCELS, YARDS,
BUILDING SETBACKS AND LIGHTING
SECTION 1.0 PURPOSE AND INTENT
This Schedule establishes design provisions for building location or setback standards within a
parcel, impervious surface limitations, vehicular storage allowances, and temporary construction
storage and lighting. Unless stated otherwise herein, as permitted by the Land Development
Regulations. or by the Administrative Official. any deviation from the regulations of this Schedule
shall be prohibited and unlawful: The provisions of this Schedule shall -be implemented by the --
Administrative Official by means of the issuance of development orders and denial development
orders.
SECTION 21.0 BUILDINGS
A. evedMinimum Frontage or Access.
It is prohibited and unlawful to erect aNae building shall be on any parcel with less
than the minimum required frontage on a street or an accessway as shewn an an appr-eved
site plafl designated in Schedule C.
B. Approved Water Supply and Sewage -Disposal Facilities.
It is prohibited and unlawful to construct any building without water supply and sewage -
disposal facilities approved by the City. 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.
C. Principal Building.
Only 1 principal building and permitted accessory structures rnaysha44 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 as
demonstrated by an affidavit or inspection.
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 equal to or greater thane€ 200
square feet or- greater -shall match the principal building in materials, color and
architectural style.
2. Accessory buildings and structures are prohibitednat pei:mitted in front or side
yards_ e�Eep ,Garages and carports greater thanever 200 square feet that comply
withmeet the applicable required district setbacks may be permitted in the side yard.
AnN-e accessory building or structure shall not be erected. constructed. or modified
shall be efeeted er- modified for residential purposes, unless specifically provided
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for in these land development regulations.
4. The total square footage of all accessory buildings shall notes exceed the
square footage or height of the principal building. A
screened pool structure is exempted from this limitation, the height ^f aft aeeels^r•'
In no event shat Aan accessory building or structure shall not be constructed or
erected on a lotbe establish prior to the principal use that it serves to ,•-hies, it :s
E. Cargo Containers.
A cargo or shipping container may be used for either temporary storage or permanent use
based on the criteria of this section.
1. Temporary Storage
A caro or shipping container used for temporary storage may be allowed on a lot
or parcel subject to the following:
a. May be used as storage only;
b. Shall not be used for storaue of motorized passenger vehicles:
c. Shall not be stacked on top of each other;
d. Shall not be classified as a High -Hazard Group H occupancy;
e. Shall not be equipped with plumbing or electrical power or lighting:
f. Shall not exceed 200 square feet in size; or
g. Shall not exceed 6 months in duration on a lot within a 1 -year period. A time
extension may be granted by the Administrative Official who shall apply the
purpose and intent of this Schedule together with sound andeg nerally accepted
land use planning practices and principles in making such determination.
—2;---Permanent-U- se
A cargo or shipping container may be permanently permitted for use on a lot subject
to all requirements of the Land Development Regulations and the Florida Building
Code for a site -built structure and the following:
a. May be used for any use with a current City approval;
b. If utilized as an accessory structure it shall be modified to be architecturally
similar to and compatible with the primary structure on the property.
FG. Building Color.
Dorm +^ Seheduk '.Building colors shall not be purely a primary or secondary color.
GIS. Height Exceptions.
1. Fire towers and water towers are excluded from the heightquirements of these
regulations.
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2. Height requirements apply to buildings.. and Height ,•equi •oments 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 125' in SR -IAA, SR -IA, SR -1, SR -2, MR -1, MR -2, MR -3 and AG zoning
districts or 200' in any other zoning district in which case conditional use approval
shall be required. Fife tewer-s and watef teivefs however-, are -speeif Bally exeitt
f+em the -1}e ,ht—recuuirements of these regulations. All structures are required to
comply with FAA regulations.
SECTION 3-2.0 PARCELS
A. Reduction of Parcel Area Prohibited.
Every parcel, including those comprised of 1 or more adjacent tracts and/or lots of record,
shall maintain an area sufficient to comply with all land development regulations.
B. Double Frontage and Corner Parcels.
Multiple frontage and corner parcels shall comply with front yard requirements and
street building setbacks on all adjacent streets.
2. On corner parcels abutting 2 intersecting streets there shall be only 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 by the orientation of the structure.
3. On corner parcels abutting 3 intersecting streets, the remaining parcel line shall be
deemed the side parcel line.
C. Obstruction to Vision at Intersections.
On corner parcels where front yards and/or building setbacks are required, no obstruction,
including, but not limited to, landscaping, shall are prohibited and unlawful
from impeder visibility between a height of 2 1/2' and 10' above the grades of the
intersecting streets or alleys at their point of intersection in an area bounded by the
intersection of any 2 right-of-way lines of streets, a street and alley, 2 alleys or a street and
railroad, and a straight line intersecting those 2 right-of-way lines at points 25' from their
intersection.
SECTION 43.0 YARDS AND BUILDING SETBACKS
A. Permitted Encroachments.
The following yard and building setback encroachments Beare permittabled:
1. Breezeways and Porte Cocheres.
Breezeways and porte—cocheres are permitted in front, rear and side yards, subject
to meeting all td -setback requirements. For commercial and office uses a
porte-cochere mustshall have a minimum horizontal dimension of 18'. A clear
space of not less than 9' shall be provided for residential uses. 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
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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. Swimming Pool.
Swimming pools and spas are allowed in all zoning districts. However, some
neighborhoods are zoned PD (Planned Development) and might have unique
development standards. Other neighborhoods may be subject to historic
preservation regulations which may include the requirement of a certificate of
appropriateness.
A site_plan_shalLbe_submitted_sho_wing thelocation_of_the_poolandits-distance_from _
property lines and structures. Measurements will be made to the pool structure itself
- - --- --- - not -the -water's -edge. -L- ocation- nd setback-requirements_include:
a. Rear Yard.
The pool must be located at least 5' from the rear property line.
b. Side Yard.
The pool must be located at least 5' from the side property line.
c. Easements.
Pools, pool decks, and pool equipment cannot be located within any easement.
d. Buildings.
Pools shall not exceed a minimum of 3' from buildings with foundations or at
least one l' for every 1' of depth - measured to any point of excavation or as
required in the Florida Building Code, whichever is greater. For example, if a
portion of a pool is 5' deep, that portion of the pool must be located at least 5'
from a building that utilizes a foundation. A pool may be located closer than 3',
or in violation of the 1:1 ratio, to the foundation if a sealed engineered design
is approved by the Administrative Official.
EXCEPTION: Above -ground pools and spas do not have a minimum required
setback from foundations. but shall comply with property line setback and
easement requirements.
equipment must be located a minimum of 5' off the property line and cannot be
attached to a common fence separating an adjoining_property. Pool equipment
shall not be installed in drainage swales and designated drainage flows.
3. Screened Swimming Pool Enclosure.
Any swimming pool enclosure shall be considered as an accessory building for the
purposes of determining setbacks even if attached to the principal building.
4-3. Patio, Deck, and Porches.
All patios, decks, and porches whether screened, open on the sides, covered,
uncovered, attached or unattached to the principle building shall be subject to the
following:
a. Setbacks
Shall have a setback consistent with the principal building in the front, side, or
side street yard. If located in the rear yard it shall be consistent with the
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accessory building setbacks. All setbacks shall be consistent with Schedule C,
D. or S. whichever is applicable. All rear patio and pefeh afeas, wh
1.uildin,g, and whet-leer—Fevered—of uneevered sok b ubjeet to all the
b
building '
b. Impervious Surface Ratio.
If constructed of wooden planks with separation between said planks it shall be
considered a pervious surface and shall not cover more than 50% of the rear
Yard or 10% of the front. side or side street yard.
C. Mean/Normal High -Water Line.
Shall_.be_.set_back.at.least 15'. from -the -mean high-water mark -for all water______
bodies.
d. Easements and Landscaping.
Shall not be located in a utility or drainage easement or encroach into required
landscaping areas.
54. Building Projections.
Building projections may encroach into front, side and rear yards as follows:
a. Sills or belt courses may project up to 12" into a yard.
b. Awnings or canopies shall project a maximum of 4' from the building when
located over pedestrian areas and no less than 2' otherwise. Awnings or
canopies shall maintain a minimum clearance of 8' above any sidewalk or
pedestrian route.
c. Chimneys, fireplaces or pilasters may project up to 2' into a required yard.
d. Projected or recessed covered public entry providing a minimum horizontal
dimension of 8' and a minimum area of 100 square f fee[MA1].
Overhangs, fflininium maximum of 3'.
f. Balconies may project a maximum of 2' into any required setback so long as
the support structure for the balcony does not encroach into the setback.
B. Prohibited Encroachments.
1. No electrical, plumbing and mechanical equipment, dumpster or area specifically
designated for garbage cans shall be located within a front yard or front yard
setback.
2�JVehicles !IMA2]shall not be parked in the front or side yards of a lot or in the right-
of-way adjacent to any lot unless parking occurs in the area of a lot permitted for a
driveway with an associated curb cut permit.
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Ord. No. 4583
e�s�r�!�ee'�sts�en
Aetive•
r4
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used and has a b
Cut off fixture.
than 2 1 0
the
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tetal light
eefistr-ueted in sueh a ffialinet: that tie mE)r-e
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01/25/21
Ord. No. 4583
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Ord. No. 4583
Light Trespass.
into an afeawhefe it is no
Light light b
,wanted of does net belong-
' uant4ative unit b the afflount of light bht '
Uniformity Ratio (U. Ratio). Desefibes the b
e level of illumination in felatien to the lewestb
iven area. Example t U. Ratio is 4: 1; the !awest level ef illuminati nshould be no less than twenty five per-eent 0
average) of fatif (4) tiffies less ilian the
ilium
Wall 'typelighttypieally'
P. Exemptions. The
afe
btypeslighting ted ffem these b •
1' b b Reasonable holiday lighting, duffing the period f;effl Oetebef 15 to _Febfuafy 15, if +o
-Iafe of
lighting b '
signals
beney b b in use law efif6feement of boveffiffient -,-neies-er at
the • d ..t:
lighting,
> fef festival >
lighting.
5. Seetir-45, b b b
ef thanten (10) minutes after- 7
but shall in all eases be shielded and difeeted only to the areas-
..hefe stieh lighting i fequifed.
lighting
used for- a period net to emeeed thifty(30) da
1 \ .eaf pefied.
ranges and minia4ur-e b > and otitdoof assembly uses stieh as > >
amphitheaters and dfive in movie theatefs.
dwellings.
designed,E. General Requiremen4s-.
i. All e�Etefief lights shall be
pfevent ebjeetionable light trespass and b
any 1.,e ties o of off the p pert.,
2. AR pafking let lighting shall use , etiteff •
3. All 1;,11., et to ff xt„«os shall be installed ; a he,•;ze tal position as designed,
b'
4. All building b b
allowing-fixtur-es, net light.
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Ord. No. 4583
5. Flood
lib
ting
is
dise6ufagc,1 Tf„ ,„l, fl,,e
must ,n+ be shielded 4) ., o
b'
' Tlisabilit..
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4
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,
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'
., „hli., hazard ,
Parking L
Horizontal illuminanee
(F9eteandles)
�Maximum Minimum
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High Level
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Major- Cultural or- Givie Events
Mille
44
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Low w i e ,el ..f A e+;..;+.,.
Neighbefheed Shopping
industrial Employee Pafkifig
('h,,.•,.hen
Mmm
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Horizontal illuminanee
(F9eteandles)
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Major- Cultural or- Givie Events
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industrial Employee Pafkifig
('h,,.•,.hen
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Ord. No. 4583
Building Exterior-.!
Lighting
L tfanee, Aetive
4 -
VitalT , .,tions or st-,...t...•,,s
Building Sur-r-etifids
Dar -k surroundings
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F-9
01/25/21
Ord. No. 4583
•
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.
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Ord. No. 4583
SECTION 5.0 IMPERVIOUS AND OTHER IMPROVED RESIDENTAL
SURFACES.
"Impervious surface" means all hard surfaces and structures such as a roof, driveway_
sidewalk, patio, pool: and other similar surfaces that prevent rainwater from naturally
soaking into the ground. This includes materials such as concrete, pavers, and asphalt. The
increase in impervious area can create flooding, drainage issues: or water quality concerns:
which may occur when runoff picks up pollutants such as oil, pesticides, fertilizer.
sediment, and nutrients along the way before entering the storm sewersystem.
Adding any building or improvement that adds impervious surface must not bring a err•
lot above the maximum allowed impervious surface limits.
B. Calculating the impervious surface on your property.
Impervious Surface Ratio (ISR) calculations and other information shall be provided with
all applications. Calculations for the ISR shall be determined as follows:
1. Impervious Area in sq. ft. / Entire Lot Area in sq. ft. = ISR
Example: 4,000 sq. ft. impervious / 10,000 sq. ft. lot = 0.4 or 40% ISR
a. No more than 50% entire lot ISR is allowed within the following zoning
districts: SR -IAA, SR -IA, SR -1, MR -2, MR -3
b. No more than 60% impervious for PD zoning as set forth in the controlling
development order;
c. Compacted gravel or mulch and artificial turf are considered impervious.
d. Pervious pavements or other non -compacted materials that are continually
maintained free of clay or fine particles that would prevent water percolation
may be considered pervious.
2. Provide any special requirements of the zoning district.
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Ord. No. 4583
Roof
O O O
rivewav
Roof
N
OU Ma MM MM :MMM
::MMMJ
Property Boundary
F] Pervious
1-1 Impervious Surfaces
Swimming Pool
Patio
4-1
Private Walkway
C. Excessive Impervious Area.
If a project exceeds the impervious surface percentage limit; options include:
1. Removing existing unneeded impervious surfaces (i.e.. remove excess patio or pool
decking) or swap another impervious surface on the property of the same size. (i.e.,
remove old shed to add new patio).
2. In some circumstances, an application for a variance to exceed the maximum
percentage may be filed. The application requires a plan that addresses the increase
in runoff resulting from the project.
D. Additional Agency Standards.
All projects may be subject to other City. State, and other legal requirements such as
setbacks, wetland buffers. and design standards.
SECTION 6-5.0 FENCES AND WALLS
A. Requirements
1. Permit Required.
Fences and walls allowed within the applicable zoning district require
appr-eval and a building permit subjeet to thepi:evisiensof the >: ei-ia„ &141diflff
the , ed 1,...,,t:..,, of the fenee wholly on the_pfapa,t, of the .,vY�. �, „efty
v wner
1 f; 1' with f this C do ,. ...-11., h � the
zcnzrzv"r—E��rra�ici=d�ccrr—t�(iprv'c�i-:r'r6i�'�s-6r T.rcc "b" ":Tc`zrc (i;-crrc
propel=ty owner- eee-trpies the pfE)pertr:d-alnsafe subjeet to thepl:evisiensof the
44-ef-ida Btiddbig Code and all b
and teehfiieal requirements th
2. Materials and Design.
a. All fences shall be constructed of materials appropriate to their purpose and
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01/25/21
Ord. No. 4583
location.
b. All walls shall have a decorative finish such as masonry, brick, stucco or paint.
c. Fence or wall made of corrugated or sheet metal are prohibited and unlawful.
d. Electrified or other potentially injurious, hazardous or noxious materials or
construction techniques are prohibited and unlawful.
e. Barbed wire or similar attachments are permitted, if atop a chain link fence at
least 6' in height and oriented toward the interior of the property, when
necessary to preclude enja into a hazardous location or facility or to protect the
exterior storage of materials or equipment from vandalism or theft provided that
the property is not located within or adjacent to properties zoned for residential
or park uses.
f. Wire or chain link fences shall be constructed with a vinyl
g. Wire or chain link fences shall not have exposed points, wires, or prongs on the
top of the fence.
h. Wire or chain link fences are prohibited and unlawful on the front building line
of a property, a special development order may be granted to properties in
agricultural districts and to temporarily secure unsafe structures.
3. Location and Size.
a. Fences and walls placed on the nronertv line or within a setback area shall be
oriented so that the finished side of the fence or wall is facing or viewable from
a street, right-of-way, or an adjoining property. All support posts and stringers
shall face inward toward the property upon which the fence or wall is located.
b. Any portion of a fence where access is wholly or partially blocked by a building,
fence, wall, other structure, or dense foliage located adjacent to, but not
necessarily adjoining the property line, may install the support posts on the
outside of the fence. This does not apply to stringers.
c. To offset the unbroken nature of a fence or wall which exceeds 100' in length
in any single horizontal plane along a street right-of-way shall either provide:
2) non-opaque openings in the walls or fence at a minimum of 8' intervals
through the use of wrought iron or similar types of wall treatment, or
31 architectural features such as a column or other feature at a minimum of 8'
intervals.
d. All fence or wall located within a required setback that create an enclosed area
shall provide an opening or gate of sufficient width to allow access through the
fence or wall to any abutting right-of-way for the purpose of facilitating
maintenance of any required landscaping and the street right-of-way.
e. A fence or wall shall not be placed in a location that obstructs required drainage
flow or interferes with a drainage facility or structure.
f. Fences located on commercial, office, or industrial use properties are subject to
the architectural guidelines and best planning_ practices established within the
Land Development Regulations.
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Ord. No. 4583
g. It is prohibited and unlawful to construct a fence within the visibility _trian lg e at
roadway intersections as determined by the Administrative Official after
consulting with City engineering staff. To effectuate that requirement, fences.
walls. hedges, and other structures of vegetation shall not exceed a height of
2'6" within a clear vision triangle and the lower portion of tree crowns shall not
be less than 8' clear from the ground within a clear vision triangle.
4. Installation.
�S[mmiupporting components and posts shall be installed facing inward (towards the
property which is subject of the building permit) with the smooth or flat/finish faces
on the outside. If both sides of the fence are finished sides with support posts
screened, each face shall be of the same type and finish.
5. Site Layout.
A land survey or site/plot plan providing the location of the fence clearly indicating
where the fence and/or gates will be installed based on a survey is required in
support of the building permit application which depicts the location of the
proposed fence. number of gate(s), landscaping buffer (if required), total linear feet.
height and material for each section of proposed fence. The survey must reflect the
layout of the property in its current state.
MIN
1
11
.15111
If a survey is not available; and the parcel is of record, an applicant may petition
the Administrative Official, or designee, to consider a clean and dimensionally
accurate plot plan f a,.,,w elea y, depicting all of the following:
a. Lot dimensions (as designated on a plat or as legally described).
bProperty pins/corners where appropriate.
c. Street name.
d. Address, lot, block and unit.
e. Footprint of the house and all accessory structures with all dimensions and
setbacks shown.
f Location, dimensions, types and materials of the proposed fence, and any
existing fencing, with gates clearly marked.
B. Height Restrictions.
Fences, walls and hedges shall not exceed the maximum heights set forth in the following
table. See the information below the table for additional requirements.
Fences and walls greater than 6' in height shall require the approval of the Building
Official.
F-13
01/25/21
Ord. No. 4583
Location
Residential
Front Yard
4'
Rear Yard
6'
Side Yard
6'
Corner Side Yard
See Below
1. Fencing in All Front Yards.
Fences, walls, hedges or screen planting shall not exceeds 4' in height in the front
yard. All fencing and gates located within a front yard shall be decorative and semi-
transparent and shall not be solid or shadow-boxed.- and shall be constructed of
materials_ to_enhance__the..appearance of_a_.pioperty .or garden. A fence shall not _ .
obstruct visibility into or out of the lot or property.
2. Decorative/Ornamental fences.
A decorative fence may be located in the required front yard in any residential
zoning district as follows:
a. No decorative/ornamental fence shall exceed 4' feet in height.
b. All ornamental fences must be located a minimum distance of 1' foot inside all
property lot lines, or 2' feet from any public sidewalk, whichever is greater.
c. Fences in the public right of way shall be prohibited. including, but not limited
to. that area between the curb and the sidewalk.
d. Materials used in decorative/ornamental fences shall be limited to wood,
aluminum picket, wrought iron. vinyl or other materials approved by the
Administrative Official and shall not contain any sharp or pointed projections
of any kind or in any other way be detrimental to the public health and safety.
Fences consisting of chain link, woven or welded wire or sheet metal are strictly
prohibited.
3. Residential Fence Heights.
On property assigned a residential zoning district/classification, the height of a
fence may be increased to 8', provided that the top 2' of the fence is constructed of
open lattice or other non-opaque construction that is of the same material as the
remainder of the fence.
4. Fencing on Residential Corner Lots.
On properties located on a corner (fronting 2 or more streets), fences up to 6' in
height may be permitted in the defined side yard fronting a street as follows:
a. The fence is located at least 4' inset from the from the property line adjacent to
the street;
b. The area between the property line and the fence shall have landscape,
hardscape or groundcover in a manner consistent with all otherthe requirements
c. The length of the fence may be installed from the rear property line to no more
than half the length of the linear frontage of the house along the street. k -See
Figure 1).
F-14
01/25/21
Ord. No. 4583
PERMITTED FENCE LOCATIONS ON CORNER LOTS
— Easements Adjoining Lot —+
1 I Fence 6-13" High Max �F -r'o' .,I
a
cc
Fence 4'-0" High Max /
,
I
Fence 6'-0" High Max ;
i
i I
I
I
I I
1
I � 1
cr
cr
Y
m
! HOUSE
WM
--
o
t
o
aC
LL
= E
I Front of House n L
ro I
Y9 L I
Q N I
Fence 4'-0' High Max
F- I I
¢o I
I
Property Line STREET
If height exceeds 2'-6'
than Ione of sight triangle
of 25 is required •
i
I �
25'
w
uJ
NOTES
• Where a fire hydrant is present,
any fence or wall shall maintain
a minimum three foot clearance
from said hydrant.
• No fenee sh-all be iInstallin2ed
a fence in a Conservation
_Easement is_ prohibited- and
unlawful.
• If a fence crosses perpendicular
to a drainage easement, a
minimum 4"-i-nehes clearance is
required between the bottom of
the fence and grade for drainage
flow.
Figure 1
F-15
01/25/21
Ord. No. 4583
6. Fenees shall be eenstmeted of sound and stufdy eenstniefien meeting industf�, standards as
detefmined by the C45, applying setind and generally aeeepted land use planning pr-aetiees
and prineiples-.
i
•
•.
C. Temporary construction fencing plan required.
1. Construction Sites.
Temporary fencing (and other types of barriers deemed acceptable to the
Administrative Official) may be erected around construction sites for visual
contain screening material enhanced with lifestyle graphics, images, pictorials.
wraps, photoarqphs, or a combination thereof. However, the screening material
allowed shall not conflict with the original intent for said fencing, mesh, and related
materials, which is to offer protection from dust, debris, and other airborne
particulate matter. The following criteria shall apply:
a. Allowed materials.
A chain link with vinvl coating. vinyl fence mesh or Dlvwood.
b. Height.
Maximum of 6' feet above grade. When, in the estimation of the Administrative
Official, on-site circumstances dictate, height may be increased up to W.
c. Fence Plan.
The fence plan must clearly indicate location and type of all fencing andag tes.
d. Location.
Fencing is allowed only on the property which is subject of the permit.
e. Screening.
On properties abutting roads designated as arterials or collectors only the
screenina is reauired for chain link fences. Plvwood fencing may only be used
when abutting non-trafficways.
F-16
01/25/21
Ord. No. 4583
............
. . ...............
•
i
•
•.
C. Temporary construction fencing plan required.
1. Construction Sites.
Temporary fencing (and other types of barriers deemed acceptable to the
Administrative Official) may be erected around construction sites for visual
contain screening material enhanced with lifestyle graphics, images, pictorials.
wraps, photoarqphs, or a combination thereof. However, the screening material
allowed shall not conflict with the original intent for said fencing, mesh, and related
materials, which is to offer protection from dust, debris, and other airborne
particulate matter. The following criteria shall apply:
a. Allowed materials.
A chain link with vinvl coating. vinyl fence mesh or Dlvwood.
b. Height.
Maximum of 6' feet above grade. When, in the estimation of the Administrative
Official, on-site circumstances dictate, height may be increased up to W.
c. Fence Plan.
The fence plan must clearly indicate location and type of all fencing andag tes.
d. Location.
Fencing is allowed only on the property which is subject of the permit.
e. Screening.
On properties abutting roads designated as arterials or collectors only the
screenina is reauired for chain link fences. Plvwood fencing may only be used
when abutting non-trafficways.
F-16
01/25/21
Ord. No. 4583
L Maintenance.
Fences shall be kept ino�pair at all times.
g. Art and Murals.
Murals or other public art are encouraged to be placed on plywood or vinyl
mesh fences; subject to administrative approval in accordance with the City
Code.
h. Removal Prior to CO.
All fencing must be removed prior to issuance of any final certificate of
occupancy.
No
1. Non -conforming fences.
Where a lawful fence exists at the effective date of the enactment or amendment of
this Section that could not be built under the terms of this Section by reason of
restrictions on height, materials, required yards or other characteristics of the fence,
or its location on the lot, such fence may be continued so long as it remains
otherwise lawful, subject to the following provisions
a. No such fence may be enlarged or altered in a way which increases its non-
conformity.
b. Should such fence be destroyed by means to an extent of more than 30% of
its overall square footage at time of destruction it shall not be reconstructed;
c. No such fence may be structurally altered or improved so as to prolong the life
of the fence or so as to change the shape, size, type or design of the fence.
2. Variances
Variances to the requirements of this section may be considered in accordance with
the requirements of the Land Development Regulations.
SECTION 7.0 RESIDENTAIL VEHICLE STORAGE AND SCREENING
STANDARDS
-A Definitions.
1. Inoperable Vehicle.
Means a vehicle which cannot be driven upon the public or private streets for
reasons including but not limited to being wrecked, abandoned, in a state of
disrepair, or incapable of being moved under its own power.
2. Improved Parking Surface,
Means a hard surface consisting of concrete, asphalt, brick, paving stones, block
pavers, gravel contained by appropriate border material, or other similar hard
surface material used to minimize erosion from a disturbed surface to improve
strength and durability. Wood or rubber -based ground cover products are not
considered an improved parking surface.
B. Requirements for Boats, Trailers & Recreational Vehicles.
Vessels as defined in Section 327.02, Florida Statutes, and trailers: and recreational
vehicles as defined in Section 320.01, Florida Statutes, that are parked or stored in a
F-17
01/25/21
Ord. No. 4583
residential zoning district shall be subject to the following:
1. If the overall length is 22' or less, it may be parked in open view on an improved
driveway or surface within the front yard of a lot. No part of the boat, trailer, or
vehicle shall be permitted to extend across any property line or into a right-of-way
and be parked completely within the property lines of the lot.
2. May be parked in side and rear lot areas only if screened by fences, walls and
landscaping, including hedges, trees, etc., having at least 65% opaqueness
screening the view of the boat, trailer or recreational vehicle to the adjacent
3. If parked or stored entirely within a carport, garage or screened from dght-of--way
i s all not ofd -eli Rothe time limitations in inis - Section. As used errerem, a garage
or other enclosed structure shall mean a structure having at least 50 % opaqueness.
4. If the overall length is 23' or more, it may be narked at a residence for a maximum
of 24 consecutive hours within a 15 -day period in the driveway solely for the
purpose of loading, unloading or other related activity incidental to preparing the
vehicle for travel or returning from travel. If additional time is needed due to
exigent circumstances as proven b t�pplicant, the Administrative Official may
approve a reasonable period of time, only if an application is submitted within 24
hours after such vehicle is so parked. The intermittent moving of a vessel,
recreational vehicle or trailer to avoid the limitations of this Section shall not be a
defense to a code enforcement action initiated by the City_
C. Commercial Vehicle Parking Standards.
The parking of commercial or oversized vehicles that exceed 22' in length or T M width
in any residential zoning district, shall be subject to the limitations as follows:
1. Oversized Vehicles.
Vehicles used primarily for commercial purposes, product or service, including
trucks (with a rated capacity over one ton), semi -trailers, truck tractors or any
combination thereof or any other truck or special mobile equipment or heavy
equipment, building materials and other similar materials is not permitted within
the residential zoning districts. (SR -IAA, SR -IA, SR -1, MR -2, MR -3, AG or PD)
2. Buses.
Buses may be parked only in designated bus parking areas approved pursuant to
issuance of a conditional use development order.
D Inoperable Vehicle Parking �tandards!rMa51.
In order to address bliaht and Dotential detrimental effects on surrounding DrODerties it is
prohibited and unlawful to park or store an inoperable motor vehicle on any premises that
is in a state of major disassembly,pair, or in the process of being stripped or
dismantled. Painting of vehicles is prohibited and unlawful unless conducted inside an
approved spray booth."
1J. Residential Parking Standards.
1. Front Yard.
Motor vehicles may be parked on the driveway and adjacent to the driveway on the
side opposite the front door. Motor vehicles must be parked on an improved parking
F-18
01/25/21
Ord. No. 4583
surface.
2. Side Yard.
Motor vehicles. as defined by Section 320.01, Florida Statutes, may be parked on
the side of a residence and shall be on an Improved parking surface. When parked
on the side of a residence located on a corner lot the motor vehicle must be screened
from the adjacent street by a 6' opaque fence, and subject to the following.
a. Motor vehicles stored shall not exceed the height of the principal structure.
b. Paving materials shall be setback a minimum of 2.0' from the propertyline.
c. Improved parking surface is required for the entire length and width of the
narked motor vehicle.
3. Rear Yard.
A single motor vehicle that is operable or inoperable may be parked or stored in the
rear yard if enclosed by an opaque fence a minimum of 6' in height.
SECTION 8.0 TEMPORARY CONSTRUCTION AND CONTAINER STORAGE
A. Portable Mini -Storage Units.
A portable mini -storage unit is a container designed for the storage of personal property
that is placed on a lot. parcel or tract, and is designed to be delivered or removed from the
site by truck or other street -legal vehicle.
1. Allowed Use.
One temnorary portable mini -storage unit may be placed on a fee simple lot, parcel
or tract containing_a single-family residence with a temporary construction permit
issued by the Administrative Official and shall be subject to the following
conditions and limitations:
a. If a valid building permit for construction is in place, i.e., the major remodeling
F-19
01/25/21
Ord. No. 4583
of, significant addition to, or damage repair to the single-family residence on
the lot, parcel or tract whereon the portable mini -storage unit is requested to be
placed; or
b. If the work involves interior improvements that do not require a building
permit, or
c. If the portable mini storage is being used for the purpose of moving_ personal
items or furnishings to another location
d. A mini -storage unit may remain at a site used for residential purposes for up to
0 consecutive days within a catendar year ,with one unit allowed -at -a time. A
maximum of 2 allowances per calendar year may be permitted.
2. Requirements.
a. The unit cannot exceed 8' in width. 16' in length and 8' in height.
b. The unit must be placed at ground level and set back a minimum of 10' from
the front property line and a minimum of 5' from all other property lines.
Additionally, the location must comply with the safe sight distance triangle
regulations.
c. Hazardous materials are prohibited and unlawful if places within the unit.
d. Mechanical, plumbing or electrical installations or connections are prohibited
and unlawful within a unit.
e. Each unit must be kept clean and in good condition with no visible signs of
deteriorations, weathering, discoloration, rust holes or breaks.
f. The temporary construction permit must be clearly posted on the exterior of the
unit.
g. The name, phone number and address of the company providing the unit must
be on the unit, as well as the date the unit was placed on the site.
h. The unit must be locked at all times when it is not being loaded or unloaded.
i. The temporary construction permit may be revoked if use of the unit results in
an unsafe or unsanitary condition.
Within 12 hours after issuance of anv hurricane warning, or an equivalent
emergency warning, as determined by the Administrative Official, all mini
storage units shall be removed or secured in such a manner so as to minimize
the dancer of such units causing damage to persons or property from high
winds.
B. Temporary Use of Dumpsters.
1. Location and Placement.
Dumpsters may be temporarily located on residential property but shall not obstruct
vehicular or pedestrian traffic at any time.
2. Duration.
A dumpster may remain at a site used for residential purposes for up to 30 calendar
days per calendar year, with one dumpster allowed at a time. The Administrative
Official mU grant additional days if good cause is proven by the applicant.
F-20
01/25/21
Ord. No. 4583
3. Construction.
a. For sites where a dumpster is being; used in connection with new construction
or extensive renovation or repair of property dumpsters related to and used for
the ongoing construction or demolition during such construction shall be
allowed for the period of continuous construction or demolition provided there
is an active and valid building or demolition permit for the property. Any
dumpster at the site that is not specifically related to and used in connection
with the construction or demolition shall be subject to the limits otherwise
imposed in this section of the code. Within 5 calendar days of expiration of a
--- - - building_permit—passage-of-al-l-final-inspections,-or-issuance-of-a-certificate-of
occupancy (whichever is later), all dumpsters shall be removed.
b. In the event of fire, hurricane or natural disaster causing substantial damage to
the principal structure on the property, a dumpster shall be allowed on site,
subject to all applicable sections of this chapter, for 60 calendar days regardless
of the existence of a valid building_ permit.
4. High Winds.
Within 12 hours after issuance of a hurricane warning_ including Seminole County.
all dumpsters shall be removed or secured in such a manner so as to minimize the
danger of such units causing damage to persons or property from high winds.
SECTION 9.0 LIGHTING StANDARD§,FMA61
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 maintainingnight time
safety utility and security.
B. Scone 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 Section does not apply to indoor lighting_
When an outdoor lighting installation is being modified, extended, expanded or added to.
- - the entire i�g insta ation shall hesubjec'-ct to the requirem ne of tlus 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.
For commercial and office uses refer to Schedule G.
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 2 ''/2% 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 1 foot from a uniform point source of light of 1 candle and equal to 1 lumen
F-21
01/25/21
Ord. No. 4583
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_has_reflecting_surfaces_or_lenses_(clear_or_prismatic)-located-belo-w
the lamp and visible from the side or above and fixtures that can be mounted such that the
shieldin is-ineffective-ar-e-not-considered-il-fhieIded-1-i -h-
Glare. The effect produced by a light source within the visual field that is sufficientl
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 as determined by the Administrative Official
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 25% or 4 times less than the average level of
illumination.
Wall Pack. A type of light fixture typically flush -mounted on a vertical wall surface.
D. Exemptions.
The following_f Yighting are exempted -from these regulations:
1. Reasonable holiday lighting during the period from October 15 to February 15, if
the lighting does not create a hazard or nuisance from glare or luminance as
determined by the city.
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 30 days in any 1 calendar year
period, for festivals, celebrations or other public activities subject to the same
conditions as holiday lighting or issuance of a development order by the
Administrative Official.
5. Security lighting controlled by a motion sensor switch that remains on for no longer
than 10 minutes after activation, but shall in all cases be shielded and directed only
F-22
01/25/21
Ord. No. 4583
to the areas where such lighting is required.
6. Temporary construction lighting used for a period not to exceed 30 da shy l
calendar year period when associated with a building permit.
7. Outdoor recreational facilities such as tennis courts, sports fields, golf courses,
driving ranges and miniature golf courses; and outdoor assembly uses such as
stadiums, arenas, amphitheaters and drive-in movie theaters when the use is
permitted and lawfully conducted.
8. One (1) and two (2) family dwellings.
E. 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 and/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 pward distribution of light.
5. Flood lighting is discouraged. If used, flood lights must be shielded to prevent:
a. Disability_ glares for drivers or pedestrians.
b. Lip -lit trespass beyond the property line.
c. Light above a 90° horizontal plane.
d. Otherwise creating a public hazard or nuisance.
6. All wall hack fixtures shall be cutoff fixtures except those adiacent 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 25' feet.
9. The location of outdoor lip -lits shall not conflict with landscaping_
10. The minimum setback of a light -source from a property line shall be a horizontal
distance of 20'.
11. Where practicable, electrical service to outdoor lighting installations shall be
underground.
12. The use of high-pressure sodium lamps is recommended.
F. Lighting Standards.
1. The Cily hereby adopts the following outdoor liLhting, recommendations of the
F-23
01/25/21
Ord. No. 4583
Illuminating EngineeringSociety of North Ainerica (IESNA) as land development
regulations:
LIGHTING TABLE
Parking Lots
Horizontal Illuminance
Uniformity
(Footcandles)
Ratio
Maximum
Minimum
High Level of Activity:
3_6
0_9
4/1
Major Athletic Events
Cultural or Civic Events
_Major
Regional Shopping Centers
Fast Food Facilities
medium Leve�f_Xc__tiv><ty:
2
Community Shopping Center
Cultural, Civic, Recreational Event
Office Parking
Airport, Commuter Lots, etc.
Residential Complex
Hos ital
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
I
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
%
Merchandise Display
20
30
Outdoor retail selling areas:
Shall not exceed ten (10) times the illumination of the
adjacent street
Storage Yards:
Active
20
Inactive
I
Loading Platforms
20
G. Lighting of Gas Stations, Convenience Stores and All Outdoor Canopies.
In addition to the above standards, the followingshall hall apply_
1. Lighting of gas stations and convenience stores shall be used for security and safety
F-24
01/25/21
Ord. No. 4583
purposes and not be used to attract attention to the business in the nature of signage.
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. 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_
H. Lighting Plan Required.
The applicant shall submit a lighting plan depicting the foot-candle dispersion on the site
__.
and of tsi fixtures as part of the application.—
and-shall include 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 fixture photometric data;
designation of 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;
. 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.
F-25
01/25/21
Ord. No. 4583
Current Regulation (if
one exists)
None
None
one
/o.a3. a3
Staff Draft Proposal
Section 2.E.1.g. cage to Section 1 under purpose and intent so that it is
Shall not exceed 6 months in duration on dplied for any review or decision within the LDR and
may be granted by the Administrative Off -o section 1 staff would support removing the langauge
this Schedule together with sound and gens it would then be redundant.
Principles in making such determination.
Section 4.A.2. Swimming Pool. recommends then add a reference to those schedules
ff
Swimming pools and spas are allowed in a
neighborhoods are zoned PD{Planned Del– ------ - -- — -- ---
development standards. Other neighbor ho
regulations which may include the requires
Section 4.A.2.d. Buildings.
Pools shall not exceed a minimum of 3' frc
ever 1' of depth....
Section 4.A.4.a. Setbacks.
Shall have a setback consistent with the pr
None Section 4.A.4.b. Impervious Surface Rat.
If constructed of wooden planks with sepexisting provision language as the term "yard" is
considered a pervious surface and shall no)R's with the same meaning and therefore is not
of the front, side, or side street yard. 1.
one Section 5.B.I.c. & d.
c. Compacted gravel or mulch and artificia
d. Pervious pavements or other non-compa
free of clay or fine particles that would pre
Section 5.B.2.
None Section 6.B.2.b.
All ornamental fences must be located a m
or 2' from any public sidewalk whichever
None Section 4.B.4. existing language as the size of the lot does not change
If the overall length is 23' or more, it may ;les being stored on the driveway. The larger lot would
consecutive hours within a 15 -day period iicle in the side or rear of the lot with sufficient screenin
id 3. of this same section. This is not just about space
iersided vehicles parked or stored in the front of a house
None Multiple sections.
Scriveners errors and misspellings have be
to be corrected.
None Section 1. Purpose and Intent. it is recommended that a section be created that applies
"This language applies to the entire schedvferences for what is considered lawful and that all
be split into two parts. 1. Purpose and Intelund and generally accepted planning practices and
title would also be updated to reflect the neimplify text throughout the schedule and have the
None Section 4.A.4. Patio, Deck, and Porch. oof similar to and connected with the principal structure
Add language specifying if the roof of anylosed with solid walls at a later time, staff believes
lor material or tied into the roof of the prim the principal structure will prevent structural non-
OF
SkNFORD�►% APPROVED
s,•rFLORIDA
CITY COMMISSION MEMORANDUM 23.195
OCTOBER 23, 2023 AGENDA
WS_ RM X
Item No. �' J
TO: Honorable Mayor and Members of the City Commission
PREPARED BY: -Eileen Hinson, AICP — Director of Planning
SUBMITTED BY: Norton N. Bonaparte, Jr., ICMA-CM, City
—--SUBJECT: Update—Schedule—F-,—L-and Development
Parcels, Yards, Building Setbacks and Lig]
STRATEGIC PRIORITIES:
❑ Unify Downtown & the Waterfront
❑ Promote the City's Distinct Culture
® Update Regulatory Framework
❑ Redevelop and Revitalize Disadvantaged Communities
SYNOPSIS:
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No. 4755
Adoption of Ordinance No. 4755 to amend Schedule F of the City's LDRs to provide for improved
design standards promoting orderly, efficient, and safe residential development and improved
visual aesthetics has been prepared.
FISCAL/STAFFING STATEMENT:
There are no anticipated costs to the City to implement the enactment of Ordinance No. 4755.
However, improved design standards will benefit property owners and the City, create regulations
to further stabilize communities and improve property values.
In 2023, the Florida Legislature enacted Senate Bill 170, Chapter 2023-309, Laws of Florida,
which add a new Subsection (4)(a) to Section 166.4 1, Florida Statutes, which, among other things,
provides that to enact a proposed ordinance after October 1, 2023, the City will now be required
to produce a "business impact estimate" (with some exceptions). This estimate must be published
on the City's website and include certain information, such as the proposed ordinance's purpose,
estimated economic impact on businesses, and compliance costs. Ordinance No. 4755 is exempt
from the requirement as it is being enacted under Part II of Chapter 163, Florida Statutes, relating
to growth policy, City planning, and land development regulation, including zoning, development
orders, development agreements and development permits.
BACKGROUND:
Based on multiple applicant requests and code enforcement issues related to provisions in the
City's LDRs either not being clear or not provided, staff initiated action to update Schedule F of
the City's LDRs to clarify or incorporate language to direct residents regarding residential parking
and vehicular storage, container storage, and fencing.
The result of that action is the proposed enactment of Ordinance No. 4755 amending the provisions
to Schedule F of the City's LDRs relating to the requirements for buildings, parcels, yards, building
setbacks and lighting, to address reoccurring issues with residential storage and parking trends,
cargo container use as storage, installation of swimming pools, and the materials, location and
sizes for a fence or wall.
Public and private development and redevelopment projects in the City are required to meet
standardized building and setback criteria that enhances visual aesthetics that create an organized
layout of developed property.
On July 6 2023, staff held a discussion/work session with the Planning and Zoning Commission
_to review_ the proposed.. changes to. get_ direction.__and feedback.__on the_ proposed_____ ........_.___._. —
modifications. Given the minor changes requested by P&ZC at the July meeting, staff provided
draft_._ordinance.__text._of Schedule__E.of..the___City_'.s.._LDRs.__to__the_.J?&ZC_._with__recommended_____..._...__
modifications at a public hearing on August 3, 2023. The P&ZC found that the provisions of
Ordinance No. 4755 are consistent with the goals, objective and policies of the City's
Comprehensive Plan and recommended that the City Commission enact Ordinance No. 4755.
P&ZC recommendations are provided to the City Commission for its consideration.
A synopsis of the proposed modifications to Schedule F of the City's L➢Rs follows:
Section 1.0:
• Adds language providing for the purpose and intent of the schedule and establishing
the lawfulness of all provisions within the Schedule.
Section 2.0:
• Provides clarification for accessory structure design standards such as sheds and
garages.
• Adds language specifically regulating cargo containers when used as temporary
storage and how they can be used as permanent structures for a use.
• Adds language clarifying allowable colors for a building and excludes water and
fire towers from height limitations.
Section 3.0:
• Minor adjustments to obstruction to vision at intersections language to clarify
information is not an exhaustive list.
Section 4.0:
• Adds language specifically regulating swimming pools locational standards.
• Modifies provisions for patios, decks and porches to clarify setback and location
requirements and design criteria to allow these elements to be considered a pervious
surface.
Section 5.0:
• Adds language clarifying what is considered an impervious surface.
• Adds language expounding how to calculate impervious surfaces for a project.
• Adds language that explains acceptable modifications to impervious surface areas
within a property.
Section 6.0:
• Simplifies the language identifying when a permit is required for a fence or wall.
• Adds language improving and clarifying design, material, location, and size of
permanent fences or walls.
Adds language regulating type, location, height and removal of fencing for
construction sites.
Section 7.0:
• Adds definitions, standards, and criteria language that regulates vehicle storage and
screening and location of private, commercial and recreational vehicles within
residential lots and developments.
Section 8.0:
___Adds--language-al-lowing-the use -of portable -mini -storage -units -temporarily as -an ----- -- --
accessory to a principle use if it meets specific size, location, material storage, etc.
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• Adds language standards for the temporary use of large dumpsters for private and
construction purposes.
Section 9.0:
• Relocated Lighting Standards previously located in Section 4.0.
At the August 3, 2023 the Planning and Zoning Commission (P&ZC) public hearing, the P&ZC
had a lengthy debate and discussed multiple changes to the draft presented by staff. The P&ZC,
by a unanimous vote recommended approving the modifications with a series of recommendations
to present to the City Commission with staff's recommendations as outlined.
LEGAL REVIEW:
The Assistant City Attorney has reviewed the matter as it was presented to the P&ZC, has prepared
Ordinance No. 4755 and has no legal objection to the enactment of Ordinance No. 4755.
The City Commission approved the first reading of Ordinance No. 4755, on October 9, 2023.
The City Clerk published notice of the 2nd Public Hearing in the Sanford Herald on October 15,
2023.
RECOMMENDATION:
Staff recommends that the City Commission adopt Ordinance No. 4755.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 4755."
Attachments: (1). Ordinance No. 4755.
(2). Draft amendments to Schedule F of the City's LDRs, (August 3, 2023
P&ZC copy).
(3). Table of P&ZC recommended changes following August 3, 2023 hearing.