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3773ORDINANCE NO. ~ '~ ~ ~ AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA REPEALING AND REENACTING SCHEDULE "K" and "L" OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF SANFORD RELATING TO SIGNS AND NONCONFORMING STRUCTURES AND USES; PROVIDING FOR PURPOSES AND INTENT; PROVIDING FOR DEFINITIONS; PROVIDING FOR MEASUREMENTS; PROVIDING FOR PERMITTED AND PROHIBITED SIGNS AND OTHER SIGN STATUS; PROVIDING FOR CONDITIONS UPON USE OF SIGNS SUCH AS SIZE, COPY, TERMS OF USE, LOCATION, DESIGNS, LIGHTING AND TEXT; PROVIDING FOR COMPREHENSIVE SIGN PROGRAM OPTION IN CERTAIN CIRCUMSTANCES; PROVIDING FOR CONSTRUCTION, INSTALLATION, APPEARANCE AND PERMITTING; PROVIDING FOR ELIMINATION OF NONCONFORMING SIGNS WITHIN CERTAIN TIME PERIODS; PROVIDING FORVESTED RIGHTSADMINISTRATIVE REVIEW PROCEDURES; PROVIDING FOR CONDITIONS OF USE RELATING TO NONCONFORMING STRUCTURES AND USES; PROVIDING FOR CONDITIONS OF USE AND PERMITTING OF USES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING FOR CODIFICATION AND PROVIDING AN EFFECTIVE DATE. BE IT ENACTED BY THE PEOPLE OF THE CITY OF SANFORD, FLORIDA: SECTION 1. Repeal of Schedule "K". Schedule "K" of the Land Development Regulations of the City of Sanford is hereby repealed. SECTION 2. Reenactment of Schedule "K". The new Schedule "K" of the Land Development Regulations of the City of Sanford as set forth in the attachments/exhibits to this Ordinance is hereby enacted and the said attachments/exhibits is hereby incorporated into the text of this Ordinance as if fully set forth herein verbatim. SECTION 3. Repeal of Schedule "L_ Schedule "L" of the Land Development Regulations of the City of Sanford is hereby repealed. SECTION 4. Reenactment of Schedule "L". The new Schedule "L" of the Land Development Regulations of the City of Sanford as set forth in the attachments/exhibits to this Ordinance is hereby enacted and the said attachments/exhibits is hereby incorporated into the text of this Ordinance as if fully set forth herein verbatim. 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 or any other section or part of a section of this Ordinance. SECTION 6. Conflicts. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 7. 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 re-lettered to accomplish such intention; that the word, "Ordinance," may be changed to "Section," "Article," or other appropriate word; provided, however, that Sections 5, 6, 7 and 8 shall not be codified. SECTION 8. Effective Date. Except as otherwise provided herein, this Ordinance shall become effective immediately upon its passage and adoption. Ordinance No. Page 2 ATTEST: ClT~CLERK, JA'I~T Ri ~OUGI--I~RTY CITY OF SANFORD MAYb'I~'~I:;~AD)I' L'lc~5"~A~ ' ' As the City Commission of the City of Sanford, Florida CERTIFICATE I, Janet R. Dougherty, City Clerk of the City of Sanford, Florida, do hereby certify that a true and correct copy of the foregoing Ordinance No., P/~,,~,SED AND, ADOPTED by the City Commission of the City of Sanford, Florida, on the:~",~ day of~/~,~'~'~-<.L~, 2Q0~3~ was p~o~ted at the front door of the City Hall in the City of Sanford?Florida, or'he ~::~ ~-J day o:~¢/~VA,~tj~>-,2003. ¢t~ the City Clerk of the d_~.~y ~7 of Sanford, Florida I:\Lng \Cities ~O02\San ford~Ordinances~Sched ules k and I.wpd Ordinance No. Page 3 SCHEDULE K SIGN REGULATIONS SECTION 1.0 PURPOSE AND INTENT A. The purpose and intent of the sign regulations is to: Promote and protect the public safety, welfare and health Promote a positive and desirable aesthetic character of the City; Lessen hazardous situations, confusion and visual clutter caused by proliferation, improper placement, illumination, animation and excessive height, area and bulk of signs which compete for attention of pedestrians and vehicular traffic; Protect property values; Enhance the attractiveness and economic well-being and development of the City; Encourage signs that are consistent with the type of use to which they pertain and that are compatible with their surroundings; Prevent sign overload and excessively large signs which create visual chaos; Provide vehicular and pedesthan safety; Enable the effective and efficient identification of places of business by promoting signs utilizing clear, crisp lettering and bold, uncomplicated symbols; and Curtail the size and number of signs and sign messages to the minimum that are reasonably necessary to identify residential or business locations and the nature of any such business. It is hereby determined that the purpose of signs located on commercial sites is to identify businesses and not to advertise. Sign regulations for Lake Mary Blvd., Rinehart Road and SR 46 west of Airport Blvd. Are located in Schedule U, Gateway Corridor Development Disthcts. Sign regulations for the Downtown Commercial Historic District are located in Schedule S, Historic Preservations. SECTION 2.0 DEFINITIONS Advertising Flag. Any sign with or without characters, letters, illustrations, logos or ornamentations, which is applied to cloth, paper, plastic or fabric of any kind with only such material for a backing designed for or having the effect of attracting attention, promotion or advertising. Advertising flags are prohibited within the City. Animated Sign. A sign of which all or any part thereof revolves or moves in any fashion whatsoever; and any sign which contains or uses for illumination, any light, lights or lighting device or devices which change color, flash or alternate, show movement or motion, or change the appearance of said sign or any part thereof automatically; except that a sign depicting time and/or temperature shall not be considered to be an animated sign. Animated signs are prohibited within the City. 10/14/02 K-1 Attached sign. Any sign painted on, or attached to, or erected parallel to the face of, or erected and confined within the limits of, the outside wall of any building, or attached to the surface of canopies, windows or parapets and which displays only one (I) advertising surface. A clear space of not less than eight (8) feet shall be provided below all parts of such signs. Banner Sign. Any sign, with or without frames, having characters, letters, illustrations, or ornamentations applied to a narrow strip of cloth, paper, plastic or fabric of any kind, such as foil. Beacon Light. Any light with one (1) or more beams, capable of being directed in any direction or directions, or capable of being revolved automatically, or having any part thereof capable of being revolved automatically. Beacon lights are prohibited within the City. Bench Sign. Any sign painted on or affixed to a bench or to a public transportation shelter. Bench signs are subject to approval by the City Commission. Billboard. Any outdoor advertising sign erected and maintained by an advertising business or service, upon which advertising matter may be displayed and which generally advertise firms and organizations that, along with their goods and services, are not located on the same premises as the sign; and whose surface is sold, rented, or leased for the display of advertising material. New billboards are prohibited within the City. Existing legally permitted billboards shall not be required to comply with Sections 7.0 A 1-3 and 6, Section 7.0 G and Section 9.0 of this schedule Canopy Sign. A sign constructed on a cloth or canvas structure which is supported by a metal or rigid framework attached to and extending from an exterior wall or any other portion of a building utilized as protection from the rain or sun. Changeable Copy Sign. A sign on which a copy is changed manually such as readerboards with changeable letters or pictorials or an electrically controlled sign where different copy changes are shown on the same unexposed lamp bank used for time and temperature or as an electronic message center or readerboard. Construction Sign. A sign announcing and identifying the construction project scheduled or underway on the site where the sign is located or a sign identifying the contractor, architect, engineer or financier of the project. Construction signs shall be immediately removed after the construction of the project is completed. Directional Sign. Any sign used to indicate the direction to entrances, exits, parking areas, restrooms, or other non-business related facilities on the site on which the sign is located and which bears no advertising or logo. Directory Sign. A sign which gives the names of the businesses or individuals located in the building or complex where it is located. A directory sign shall be of a unified design and common material, and shall allow for a uniform size sign for each business or unit of space in the development. Directory Signs shall be limited to the name and type of business and its location within the building or complex. K-2 Double-Faced Sign. A sign with two (2) faces which are no more than twelve inches (12") apart at their closest point, and which describe an internal angle between face planes extended no more than thirty (30) degrees. Electronic Message Center. A sign on which the copy/advertising changes automatically on a lampbank or through mechanical means. Faqade. Exterior front or face of the building, the appearance presented to the world. Fence Sign. Any sign attached to a fence or masonry wall utilized as a fence. Flag. A piece of light-weight, flexible material such as cloth or plastic with one (1) side attached to a pole and the other end flying freely, which depicts the name, emblem or symbol of a nation, state, city, or of a bona fide civic, charitable, fraternal, religious or welfare organization, and not including the names, logos or slogans of commercial goods or services or flags that are reasonably likely to attract attention to a premises. Flashing Sign. A sign which contains an intermittent, scintillating, blinking or traveling light source which includes signs that give the illusion of intermittent or flashing light by means of animation, or an externally mounted intermittent light source. Flashing signs are prohibited in the City.' Ground-mounted Sign. A sign erected on a freestanding frame, mast or pole which is anchored into the ground. Ground mounted signs are not attached to a building. All vertical structural supports for ground mounted signs shall be concealed in an enclosed base with a width equal to at least two-thirds (2/3) of the horizontal width of the sign surface and with a base finished with a decorative material. Ground mounted signs must be consistent with the architectural design, materials and color of the buildings on the same premises. All ground mounted signs shall be encased in a landscape planter, two (2) to three (3) feet in height, or a landscaped area of no less than four (4) feet wide on each side of the sign. The planter or landscaped area must contain any combination of shrubs, flowers and groundcovers. All signs shall be erected above the enclosed base of the sign and no sign shall be mounted directly in front or to the rear of the base. Gutter Sign. A sign affixed to a gutter. Gutter signs are prohibited in the City. Height Of Sign. The distance between the top of a sign and the average grade elevation, directly below it. Berms or other unnatural elevations cannot be used to increase the height of sign. Identification Sign. A sign that indicates the name and type of business or service, or the name of the development located on the site where the sign is located; including street address and graphic of business logo. Illegal Sign. A sign not legally permitted prior to or after the adoption of this sign code. Illuminated Sign. A sign that uses artificial light, either internal or external to the sign faces, to draw attention to the sign or otherwise increase its visibility. 10/14/02 K-3 Inflatable sign. Any sign that is inflated or supported by wind, air, or pneumatic noncombustible pressure, with or without copy, that serves to draw attention of a site. Inflatable signs are prohibited within the City. Instructional Sign. A sign conveying non-advertising information relating to the use of the premises, including such signs as "no parking", "no trespassing" and warning signs, provided the sign bears no advertising or logo. Internally Illuminated Sign. A sign that uses artificial light from behind the sign face to increase its visibility. Membership Sign. A sign identifying affiliation with a travel club, business association, credit card company, or professional association. Memorial Sign. A permanent sign, plaque, inscription or similar group of symbols recording historical data relating to the construction of the building to which it is affixed. Mobile Trailer Sign. A sign mounted on a trailer frame and capable of being towed over the road. Mobile trailer signs are prohibited within the City, provided, however, that mobile trailer signs that are not pulled, moved or actually moving are likewise prohibited. Monument Sign. A ground motmted sign with vertical structural supports concealed in an enclosed base with a width equal to at least two-thirds (2/3) of the horizontal width of the sign surface and with a base finished with a decorative material. Monument signs must be consistent with the architectural design, materials and color of the buildings on the same premises. All monument signs shall be encased in a planter, two (2) to three (3) feet in height, or a landscaped area of no less than four (4) feet wide on each side of the sign. The planter or landscaped area must contain any combination of shrubs, flowers and groundcovers. Non-Conforming Sign. A sign legally permitted in the City before the adoption of this sign code that does not conform to the requirements of this sign code. A sign not legally permitted prior to the adoption of this sign code shall not be considered a nonconforming sign. Nonconforming signs are regulated by Schedule L, Section 2.0. Off-Premise Sign. A sign, either attached to a building or other structure located on real property, which is not appurtenant to the use of the real property where the sign is located or which does not advertise a service offered at the location where the sign is placed or which does not identify a business located where the sign is placed as a purveyor of the merchandise or services advertised on the sign. The term 'off premise sign' includes, but is not limited to, signs commonly known as billboards. Off-premise signs are prohibited within the City, except for non-conforming billboards. On-Site Sign. A sign that identifies or advertises only goods, services, facilities, events or attractions available on the premises where the sign is located. Out Parcel. Lots platted or leased along the periphery of a shopping center project or large retail store which are intended to be occupied by a single user. Typically such lots are less than two (2) K-4 10/14/02 acres in area; are subordinate in size to the parcel which contains a multi-tenant shopping center building or large retail store; and share access, utilities, drainage, parking and/or open space with the parcel containing the anchor tenant. Parasite Sign. Any unpermitted sign which is attached to another sign. Parasite signs are prohibited within the City. Pennant. Any flag-like piece of cloth, plastic or paper attached to any staff, cord, building or other structure that tapers to a point and hangs loosely and is used for the purpose of attracting attention to the site. Permitted Signs. All signs needing a permit under this Sign Code or, having received a permit, that now exist as non-conforming signs. Political Sign Or Political Flag. Any display of characters, names, or illustrations which advocate the election of any individual, group of individuals, or any position for or against any political issue. Portable Sign. A sign that has no permanent attachment to a building or to the ground by means of a footing; including, but not limited to, A-frame signs, sandwich signs, sign with wheels or frame or structure with axle or designed to be pulled or towed on a trailer or similar device, pull attachments, or inflatable signs. Portable signs are prohibited within the City. Premises. The contiguous lot or lots, plots, portions or parcels of land considered a trait for a single development or activity. Projecting Sign. A sign perpendicularly attached to the wall of a building and projecting away from that wall twelve inches (12") or more, and designed with a face or faces reading at an angle to that wail. Promotional Sign. A temporary sign posted by a nonprofit organization or by any organization sponsoring a temporary event to advertise a special event such as a bazaar, art show, craft show or similar type of event. Public Safety Sign. A sign necessary for the identification, operation or protection of public service structures or signs incident to a legal process or necessary to the public safety or welfare. Reader Board. A sign designed to accommodate changeable copy including, but not limited to, individual letters and numbers that can be removed and replaced by hand. Electronic message centers are not considered part of this definition. Real Estate Sign. A sign erected by the owner, or his agent, advertising the real property where the sign is located for sale, lease, or rent. 10/14/02 K-5 Revolving Sign. Any sign so erected or constructed as to periodically or continuously change the direction toward which any plane containing the display surface area is oriented. Revolving signs are prohibited in the City. Roof Sign. Any sign erected upon, against or directly above a roof, or on top of or above a parapet of a building or on top of any horizontal awning. Roof signs are prohibited within the City. Seawall Sign. A sign with characters, letters, figures, designs, or outlines painted on the face of the bulkhead or seawall. Seawall signs are prohibited within the City. Sign. Any object, structure, device or display, or pan thereof, illuminated or non-illuminated, which is used to identify a business, service or premise. Signs shall be used to identify and not to advertise. Sign Area. The area enclosed by one (1) continuous line, connecting the extreme points or edges of a sign. The area shall be determined using the largest sign area or silhouette visible at any one (1) time fi:om any one point that is off-site. The sign area may extend around a comer. This area does not include the main supporting sign structure; but all other ornamental attachments, inner connecting links, and the like, which are not a part of the main supports of the sign are to be included in determining sign area. The square footage of fi-ee-standing letters or cut letters used as a sign area shall be determined by enclosing the sign area within the smallest rectangular figure needed to encompass completely all letters, insignias, or symbols of the sign, including, but not limited to, horizontal spacing between letters, insignias, symbols, logos, and trademarks, except as otherwise provided herein. Signs other than fi'ee-standing letters, words, insignias, or symbols: the area is the total area of the facing, or the total area within the outer edge of any existing border of the sign. In every event, computation of allowable sign area includes all existing signs on the premises, whether those signs are conforming or nonconforming. 10/14/O2 K~6 WIDTH LETTERS _: WIDTH WIDTH CIRCLE / WIDTH WIDTH ~' ~ WIDTH Snipe Signs. A sign of any material, such as paper, cardboard, wood and metal, when tacked, naile .d or attached in any way to trees or other objects where such sign may or may not apply to the premises. Snipe signs are prohibited within the City. Special Event. Special event means any meeting, activity, parade or gathering of a group of persons, animals or vehicles or a combination thereof, having a common purpose on any public/private street, sidewalk, alley, park, lake or other public/private place or building, which special event substantially inhibits the usual flow of pedestrian or vehicular travel or which occupies any public/private place or building so as to preempt normal use of space by the general public or which deviates from the established use of space or building. Streamer. A long narrow banner or strip of material waving in the wind. Subdivision Sign. Any sign which marks or identifies the entrance or entrances to a residential subdivision. Swing Signs Or Suspended Signs. Any sign projecting from an angle on the outside wall or walls of any building, and which is suspended from a projecting structure in such a manner that the sign itself, or any part thereof, is not attached to the building or wall. Swing signs or suspended signs are prohibited within the city. 10/14/02 K-7 Temporary Sign. A sign used to advertise or identify transitory events of two (2) weeks or less duration unless specifically permitted for a longer period by this code. Wall Sign. See attached sign. Window Sign. A permanent sign affixed to, suspended behind, or painted on either face of a window or glass door that reads to the exterior of the building. SECTION 3.0 SIGNS NOT REQUIRING A SIGN PERMIT The following signs are allowed in all zoning districts without a permit: A. Public Safety signs which otherwise comply to these regulations. Unlit Real Estate signs located on the premises being advertised for sale, lease or rent. Real estate signs do not require a permit in residential zoning disthcts and on sites of less than two (2) acres in all other zoning districts if the sign does not exceed six (6) square feet in sign surface area. (For sites greater than two (2) acres see subsection 6.2 C. of this Schedule.) Temporary open house signs of six (6) square feet or less is allowed in addition to any real estate sign provided it is located on the premises that is for sale and is erected and removed on the day of the open house. Memorial signs not exceeding six (6) square feet. Instructional Signs. Construction Signs provided the signs are unlit and the total signage does not exceed thirty-two (32) square feet in sign surface. Subcontractor signs of two (2) square feet or less may be erected in addition to the total sign area adjacent to the main sign structure. Signs must be at least fifteen (15) feet from any property line. Signs shall not be erected more than sixty (60) days prior to the commencement of construction and must be removed immediately upon completion of the development project. All construction signs must be removed before a Certificate of Occupancy shall be issued by the Building Official. Flags. A maximum of four (4) flags may be placed on any premises. The maximum size of each flag shall be thirty-five (35) square feet. Should the property owner desire, one (1) large flag, not exceeding one hundred forty (140) square feet may be flown in lieu of the four (4) smaller flags. Membership Signs provided the sign does not exceed one-half (1/2) square foot. Building address numbers. 10/14/02 K-8 Standard sized menus mounted on the wall in cabinets at the entrance to restaurants. Menu boards for drive-through facilities of no more than twenty (20) square feet each. Such sign shall be located adjacent to and oriented toward the drive-through area. A maximum of two (2) menu boards per drive-through facility are allowed without a permit. Signs required by an authorized governmental entity including decals affixed to fuel pumps. Change of copy on a permitted changeable copy sign. Directional Signs not to exceed four feet (4') in height and six (6) square feet. SECTION 4.0 SIGNS PROHIBITED IN ALL ZONING DISTRICTS The following signs shall be prohibited in all zoning districts: A. Animated Signs. B. Billboards. C. Flashing Signs. D. Snipe Signs. F. G. H. Sandwich Sign and Portable Signs. Seawall Signs. Beacon Lights.. Signs located or attached to trash receptacles , Gutters or benches . except as specifically permitted upon action by the City Commission. Signs on Public Property. Except as provided in these regulations, signs may not be erected on public property except by a public body or a semi-public body provided such sign is approved by the City Commission. No person shall paint, paste, print or nail any banner sign, paper sign, or any advertisement or notice of any kind, or cause the same to be done, on any curb, flagstone, pavement or any other portion or part of any sidewalk or street, or upon any tree, lamp post, telephone or telegraph pole, hydrant or bridge within the limits of any street or public right of way within the City. This provision shall not apply to regular notices as required by law and other exceptions as provided in this Schedule. All signs wrongfully placed on public property will be confiscated and destroyed. Immoral Displays. Any sign which displays any statement, work, character, or illustration K-9 10/14/02 of an obscene, indecent or immoral nature. K. Obstructions. Any sign erected in a manner that would impede ingress and egress through any door or emergency exit of any building. Any sign erected on a fire escape or any other public safety device. L. Streamers, Spinners and Pennants, Ribbons, Balloons or similar devices except as provided for by these regulations. M. Advertising vehicles. No person shall park any vehicle, trailer, floating device, boat, barge or other vehicle, whether licensed or unlicensed, on a public right-of-way, public property or on private property so as to be visible from a public right-of-way, which has attached to it or has located on it any sign advertising a product, conveying messages or directing people to a business or activity. This restriction does not prohibit a sign attached to a functional, licensed vehicle which is driven in a routine manner for a bona fide commercial purpose (exclusive of advertising) on public roads from identifying the vehicle with the business it serves. N. Signs which emit smoke, vapor, particles, odor or sounds. O. Parasite signs. P. Flashing signs. Q. Illegal signs. R. Fence signs, except where noted in Section 5.0. S. Inflatable signs except as provided for in these regulations. T. Mobile trailer signs. U. Off-premise signs. V. Roof signs. W. Revolving Signs. X. Advertising flags. SECTION 5.0 SIGNS IDENTIFYING ACTIVITY CONDUCTED ON PREMISES Signs identifying the name and type of activity conducted on the same premises shall be permitted for the uses listed below. Site development permits and certificates of completion shall be required for all such signs unless otherwise excepted by this ordinance. 1 O/14/02 K-10 Multiple-Family Dwelling (three (3) or more units) and Residential Subdivision Entrances. One (1) two (2)-sided monument sign at the entrance of the subdivision or complex not exceeding sixteen (16) square feet in sign surface area and not exceeding six (6') feet in height above finished grade is permitted. A second entrance to thc subdivision may have a second sign. Such sign shall not contain interior illumination. If thc monument sign is located on public right-of-way, thc sign shall bc designed to break away when hit by a vehicle. The design of thc sign shall bc sealed by an engineer registered in the State of Florida. Multiple-Family dwellings and residential subdivisions shall also bc allowed two (2) signs attached to the wall surrounding the development and adjacent to the primary entrance provided they are a part of a coordinated entrance design. The signs shall be identical and shall be compatible with any landscaping, paving pattern, water feature or other design elements that comprise thc entrance design. Each sign shall not exceed thirty-two (32) square feet and three feet (3') in height. All signs on the premises shall be designed using a common theme including, but not limited to, common building materials, typeface and colors. Signage shall be approved by the Planning and Zoning Commission if the signage is for a proposed project that is considered for approval by the Commission. All applications for approval of residential multiple family projects and residential subdivisions that are reviewed by the Planning and Zoning Commission shall be accompanied by sign applications for approval by the Planning and Zoning Commission. Nonresidential Subdivision Entrance. One (1) two (2) -sided ground mounted sign not exceeding thirty-two (32) square feet in sign surface area and not exceeding six (6) feet in height above finished grade on each street side fi.om which the subdivision is entered shall be permitted. Such sign shall contain no interior illumination. If the sign is located on public right-of-way, the sign shall be designed to break away when hit by a vehicle. The design of the sign shall be sealed by an engineer registered in the State of Florida. Residential Care Facility, Community Residential Home Or Day Care Facility. One (1) unlighted attached sign not exceeding six (6) square feet in sign surface area per premises containing a residential care facility, community residential home or a day care facility located in an MR-l, MR-2 Or MR-3 Zoning District. Such uses located in an AG, Agricultural Zoning District shall comply with Agricultural Use sign requirements, below. Such uses located in an RMOI, RC-1, GC-2 or SC-3 Zoning District shall comply with Commercial Use sign requirements, below. Agricultural Use. One (1) attached sign not exceeding twelve (12) square feet in sign surface area and one ground mounted sign not exceeding thirty-two (32) square feet in sign surface area and not exceeding twelve (12) feet in height above grade on each street side on a parcel containing uses indicated in the land use regulation schedules as agricultural provided such agricultural uses are located within an AG, Agricultural Zoning District. Signs for agricultural uses located within any other land use designation shall be permitted K-11 10/14/02 only after approval as a conditional use. Commercial, Automotive, Miscellaneous Business And Services, Industrial, Agricultural Processing Establishments And Transient Lodging And Entertainment. Signs identifying the name and typc of activity conducted on the same premises shall be permitted for all uses indicated in land use regulation schedules as commercial, automotive, miscellaneous business and services, industrial, agricultural processing establishments and transient lodging and entertainment shall be subject to thc following provisions: 1. Attached Signs (Wall, Window and Canopy Signs). Single Occupant Buildings. Each single occupant building may have one and one-half (1 V2) square feet of attached signage per lineal one foot (1 ') of primary building fagade length up to a maximum of one hundred fifty (150) square feet of total attached sign area. In addition, a single occupant building may have one (1) attached sign per primary customer entrance up to a maximum of three (3) attached signs, not to exceed fifty (50) square feet each. Multi-tenant buildings. Each unit in an existing multi-unit building that has an individual separate entrance to the exterior of the building may have attached signage not to exceed one and one-half (1½) square feet per lineal one foot (1') of tenant storefront faCade length. No more than one (1) attached sign per tenant is permitted. Anchor occupants in a multi-tenant building, where the anchor exceeds one hundred feet (100') of building frontage, may have one and one-half (1 ½) square feet of attached signage per lineal one foot (1 ') of primary building fagade length up to a maximum of one hundred fifty (150) square feet of total attached sign area. In addition, a single occupant building may have one (1) attached sign per primary customer entrance up to a maximum of three attached signs, not to exceed fifty (50) square feet each. No window sign shall exceed twenty-five percent (25%) of the total window surface area. No canopy sign shall exceed one-third (1/3) of the canopy face horizontally and vertically. Attached Signs In Downtown Area. Attached signs located in an SC-3, Special Commercial Zoning District shall be permitted to overhang a sidewalk or public property provided that such signs are at least eight (8) feet above the highest point of the sidewalk or public property and not closer than three (3) feet to the inside curb edge or edge of pavement. Where there is no sidewalk, curb or pavement involved, public right-of-way shall control. The design and location of signage within the Downtown Historic District K-12 1 O/14/02 is exempted from these regulations and instead shall comply with the design guidelines set forth in Schedule S. Attached signage and company logo shall be prohibited on canopies located above gas pump islands. Ground mounted Signs. Ground mounted signs shall be constructed pursuant to the following regulations: a. Maximum Permitted Height and Area of Ground Mounted Signs. Right-of-way Width Maximum Area Each Maximum Height of (Feet) Face Ground Mounted Sign Ground Mounted Sign 0-75 24 square feet 6 feet 76-120 50 square feet 10 feet Over 120 100 square feet 12 feet Note: For Lake Mary Blvd., Rinehart Road and SR 46 west of Airport Blvd. See Schedule U for sign regulations For the Downtown Commercial Historic District, see Schedule S for sign regulations Number of signs. One (1) sign may be constructed on the street frontage containing the primary entrance to the premises. Ground mounted signs may consist of any combination of identification or directory signage. Developments that are located on comer lots may have a second ground mounted sign on the secondary street provided that the signs are separated by a distance of two hundred (200) linear feet as measured along the road. The height and square footage of the second sign shall be in compliance with the requirements ofE 1 of this subsection. Developments with a street frontage exceeding four hundred (400) linear feet may have a second ground mounted sign on the frontage provided that the second ground mounted sign does not exceed eight (8) feet in height and forty-eight (48) square feet in total sign area. The distance between the signs shall be a minimum of three hundred (300) linear feet. Location of signs. Signs shall be located according to the following: No sign shall be placed within fifty (50) feet of any zoning district in which the principal permitted use is a one (1), two (2) or multiple-family dwelling or a mobile home. Minimum setback from the property line fronting a right-of-way shall be equal to the height of the sign and shall be measured from the edge of the sign. K-13 10/14/02 No sign shall be erected in the clear sight triangle which will impair visibility at a street intersection or driveway entrance. Signs shall be located to maintain a clearance of ten feet (10') to all overhead electrical conductors and a clearance of three feet (3') on all secondary voltage service drops. Signs shall not be located within any public easement, construction easement or similar easement. Design of Signs. Signs shall be designed according to the following: All signage shall be designed in a manner compatible with the colors and architectural style of the principal building and with the colors and style of other signs on the premises. Where individual building establishments are located in a single building or in multiple buildings which are attached, attached signs shall be designed according to a common theme but be sufficiently different in style, color, materials or other characteristics to avoid a sense of uniformity and sameness. The base of the ground mounted sign shall be designed to be compatible with the architectural style and color of the principal building. Sign bases finished with stucco or wood are prohibited. Address numbers required. All ground mounted signs shall contain the address number of the premises, placed parallel to the sign face, in numbers large enough to be read from the street but in no case less than three inches (3") high. The address numbers shall be an integral part of the sign. Address numbers shall not be included in the square footage of the sign. Time and temperature signs. Time and temperature signs shall be allowed in all non-residential districts. The maximum area for the time and temperature portion of the sign shall be twenty (20) square feet or fifty percent (50%) of the sign face, which ever is smaller. The area of a time and temperature sign, whether attached or freestanding, shall be included in determining the cumulative area of signs on the property. Changeable Copy Signs. Any changeable copy including, but not limited to, gas prices, movie listings and service schedules for houses of worship shall be included in the allowable square footage of an attached or ground mounted sign. All changeable copy signs shall be compatible in background color and style with other signs on the premise. 10/14/02 K-14 Comprehensive sign programs. Intent. The intent of comprehensive sign programs is to provide private property owners and businesses with flexibility to develop innovative, creative and effective signage and to improve and protect the aesthetic values of the City. The City recognizes that in many cimumstances, there are innovative and creative alternatives to minimum standard signage which are desirable and attractive and which will enhance community character and individual property values. Purpose. The purpose of comprehensive sign programs is to provide an alternative to minimum standard signage subject to flexibility criteria which ensure that alternative signage will not have an adverse impact on the aesthetic values, community character and quality of life of the City. Authority. The Planning and Zoning Commission shall have the authority to approve comprehensive sign programs. Applicability. Any developer may apply for approval of a comprehensive sign program. All signs for planned development projects that are comprised of any combination of residential, commercial and office uses shall be approved under the provisions of this Schedule pertaining to comprehensive sign programs. All signs for planned development projects of ten (10) acres or greater shall be approved under the provisions of this Schedule pertaining to comprehensive sign programs. Required Elements. Design Theme. A request for approval of a comprehensive sign program shall include a distinct theme or idea on which to base the coordinated design of all signs located on the premises;. All signs included. The comprehensive sign program shall comprise all signs on the premises including, but not limited to, attached signs, ground mounted signs, directional signs, directory signs and instructional signs. Flexibility criteria. Architectural Compatibility. The signs proposed in a comprehensive sign program shall be designed as a part of the architectural theme of the principal buildings proposed or developed on the parcel and shall be constructed of materials and colors which reflect an integrated architectural vocabulary for the parcel proposed for development; or K-15 10/14/02 Ct do The design, character, location and/or materials of the signs proposed in a comprehensive sign program shall be demonstrably more attractive than signs otherwise permitted on the parcel proposed for development under the minimum sign standards. Height.. The maximum height of all signs proposed in a comprehensive sign program is fifteen feet (15) provided, however, that a single attached sign with a sign face of no more than twelve (12) square feet may be higher. Total area of sign faces. The total area of sign faces which are proposed as a part of a comprehensive sign program shall not exceed two (2) times the total area of sign faces permitted under the minimum sign standards on the parcel proposed for development. Elimination of signage. The signage proposed in a comprehensive sign program must result in the elimination of existing unattractive, nonconforming and obsolete signage or result in an improvement to the appearance of the parcel proposed for development in comparison to signs otherwise permitted under the minimum sign standards. Community Character and Property Values. The signage proposed in comprehensive sign program must have a positive impact on the aesthetic appearance of the City and must not negatively impact the value of property in the immediate vicinity of the parcel proposed for development. Scenic corridor plan. The signage proposed in a comprehensive sign program must be consistent with any scenic corhdor plan which the City has adopted for the area in which the parcel proposed for development is located. SECTION 6.0 TEMPORARY SIGNS SECTION 6.1 POLITICAL CAMPAIGN SIGNS Signs promoting candidates seeking public office and signs promoting or opposing issues to be voted on by the electorate shall be permitted up to a total of nine (9) square feet on a parcel containing uses indicated in the land use regulation schedules as residential, miscellaneous or public and semi-public and thirty-two (32) square feet on a parcel containing uses indicated in the land use regulation schedules as commercial, transient lodging and entertainment, automotive, miscellaneous business and services, industrial or aghcultural. Location. All such campaign signs shall be located on private property. In addition, campaign signs with a sign surface area of nine (9) square feet or greater shall not be less than thirty (30) feet from the curb line of any street intersection. Campaign signs shall not K-16 10/14/02 be located in a street right-of-way. Display Timeframe. The signs may be displayed thirty (30) days prior and seven (7) days after the election at which the candidate or proposal will be voted upon. In case a final election follows within sixty (60) days of a primary election, candidates who won in the primary election may continue to display their campaign signs during the interim period and up to seven (7) days after the final election. Deposit and Forfeiture. Each candidate shall pay to the City a deposit of two hundred fifty dollars ($250.00) prior to erecting, placing or otherwise locating any political campaign sign. Said deposit shall be refunded to the candidate if all signs are removed within the seven (7) days after the candidate is either elected or defeated in the election in question or the ballot proposal is voted upon. In the event that all political campaign signs are not removed within seven (7) days al~er the candidate is either elected or defeated or the proposal is voted upon, the two hundred fifty dollar ($250.00) deposit shall be forfeited to the City. In the event that a candidate's or proponent's/opponent's issue campaign sign is located in a street right-of-way, that candidate's deposit shall be forfeited. SECTION 6.2 TEMPORARY SIGNS FOR BUSINESSES AND NON-PROFITS. Ao Temporary signs for businesses. The square footage of temporary signs is additional to the square footage of permanent signs. Temporary signs for specific occasions that are not defined as special events shall be issued according to the following regulations: Purpose. Temporary signs are allowed for specific purposes including, but not limited to, auctions, special promotions, business openings and going out of business sales. 2. Size. Temporary signs for specific occasions shall comply with the following: Temporary signs shall not exceed a total square footage of sixty-four (64) square feet per premises, including but not limited to, advertising flags. No single sign face shall exceed thirty-two (32) square feet. 3. Height. Ground mounted signs shall not exceed twelve (12) feet in height. Duration. Permits for temporary signs shall authorize the erection of signs and maintenance thereof for a period not to exceed fourteen (14) days. Renewals are prohibited. Temporary signs may be erected on the same premises no more than four (4) times per year. This limitation shall include shopping centers, office and industrial parks and other multi-use developments, as well as single unit developments. Location. All temporary signs shall be on-premises signs, located on the premises of the business hosting the specific occasion or on the premises of the specific K-17 10/14/02 occasion. All temporary signs shall be located at least fifty (50) feet from any zoning district in which the principal permitted use is a one (1), two (2), or multi- family dwelling or mobile home and five (5) feet from a property line fronting a right-of-way. Types of signs permitted. Temporary wall, window, canopy and ground mounted signs may be approved. The following types of temporary signs which are otherwise prohibited may be approved by the Planning and Zoning Commission, provided that the total area of the combined signs does not exceed the maximum allowable square footage: advertising flags; banner signs; mobile trailer signs. portable signs; inflatable signs. Inflatable signs shall be measured from the highest point of the inflatable and by the widest point of the inflatable or balloon when inflated and shall not exceed sixty-four (64) square feet. Temporary signs for special events. An application for a temporary sign for a special event shall only be submitted in conjtmction with an application for approval of a special event and a permit for a temporary sign for a special event shall be issued only after the approval of the special event by the City Manager or the City Commission. 1. Size. Temporary signs for special events shall comply with the following: Except for banners erected across streets, signs for special events shall not exceed a total square footage of sixty-four (64) square feet including but not limited to, advertising flags. Banners erected across streets shall be a minimum of two (2) feet in height and shall be a minimum of thirty (30) feet in width. No single sign face shall exceed thirty-two (32) square feet with the exception of a banner erected across a street. An inflatable sign or balloon shall be measured from the highest point of the inflatable or balloon and by the widest point of the inflatable or balloon and shall not exceed sixty-four (64) square feet. Height. Ground mounted signs shall not exceed twelve (12) feet in height. Duration. Permits for temporary signs shall authorize the erection of signs and maintenance thereof for a period not to exceed fourteen (14) days. Types of signs permitted. Temporary wall, window, canopy and ground mounted signs are permitted. Temporary signs may also include the following types of signs which are otherwise prohibited provided the total area of the combined signs does not exceed the maximum allowable square footage: K-18 10/14/02 a. advertising flags; b. banner signs; c. portable signs; d. inflatable signs; and e. mobile trailer signs. All temporary signs shall be located at least fifty (50) feet from any zoning district in which the principal permitted use is a one, two, or multi-family dwelling or mobile home and five (5) feet from a property line fronting a right-of-way. Tempora~ Signs for Real Estate Offerings. On sites greater than two (2) acres and located in a nonresidential zoning district, an unlit real estate sign of thirty-two (32) square feet or less and eight (8) feet in height or less does not require a permit provided it is located at least one hundred (100) linear feet from a residential dwelling. One (1) real estate sign per premises is allowed without a permit. SECTION 6.3 TEMPORARY SIGNS FOR SUBDIVISION OR PLANNED DEVELOPMENT PROJECT CONSTRUCTION. Two (2) unlighted, detached or freestanding signs identifying a subdivision or planned development project while under construction to advertise the sale of parcels or new housing units provided each such sign does not exceed thirty two (32) square feet in sign surface area and eight (8) feet in height above grade and provided that such sign is removed when all parcels or new housing units are sold and/or active selling ceases. Permits for such development signs shall be issued by the Building Official for a period of one (1) year only, subject to renewal on application. Such permits may be renewed by the Building Official after determination that the promotion of the development is active. SECTION 7.0 LIGHTING All lighting for signage shall be designed to: · Provide adequate light without over-lighting; · Control light output in order to limit light to the intended area and reduce glare; · Maximize the effectiveness of the lighting fixtures and minimize the adverse effect of lighting beyond property borders; · Provide attractive and energy-efficient illumination. All lighting for signage shall comply with the following regulations: A. Externally illuminated signs. 1. Lighting fixtures shall be aimed and shielded so that light is directed only onto the K-19 10/14/02 Co sign face and not aimed at adjacent streets, roads or properties and so that the source of light is not visible from any point off the premises. Lighting fixtures shall be mounted on top of the sign structure and utilize only fully shielded cutoff fixtures. A maximum of forty (40) lumens per square foot of sign surface is permitted. This figure is the total amount of initial lumens produced by all lamps used to illuminate the sign, divided by the area of the sign. No colored lights shall be used at any location or in any manner so as to be confused with traffic control devices. Lighted signs that abut residential zones shall be designed, placed and landscaped in such a manner so that the lighting does not trespass onto residential properties and so that the source of light is not visible off the premises. Internally Illuminated Signs. 1. Internally illuminated signs do not require shielding. Internally illuminated signs, with or without changeable copy, shall only be constructed with blackout or opaque backgrounds and punch out or translucent lettering, logos, symbols, etc. A lighting engineer or lighting expert acceptable to the City shall certify that the proposed sign design conforms to the requirements of this section. No colored lights shall be used at any location or in any manner so as to be confused with traffic control devices. Lighted signs that abut residential zones shall be designed, placed and landscaped in such a manner so that the lighting does not trespass onto residential properties. Neon. Signs using neon shall have a maximum luminous output of three hundred (300) lumens per foot calculated per foot of tube rather than lamp. A greater illumination may be used if documentation of the need for a higher value is provided to the City fi.om the manufacturer of the tubing. Exposed glass tubes must be protected by a clear front. Flood lights/Spot lights. Flood lights and spot lights must be either burial fixtures or hidden in the planter surrounding the sign so that the source of light is not visible. Flood lights and spot lights used to illuminate a residential subdivision sign shall not exceed a total of nine hundred (900) lumens per sign face. Flood lights and spot lights must be completely shielded or baffled so that lighting is restricted to the sign area and does not spill into the night sky. 10/14/02 K-20 Prohibited Lighting. The following types of lighting are prohibited: lighting or motion resembling traffic or directional signals. warnings or other similar devices which are normally associated with highway safety or regulations. lighting or signs which constitute a safety hazard or hindrance because of light, glare, focus, animation, flashing or intensity of illumination. Lighted signs shall be designed and located so as to prevent direct glare or hazardous interference of any kind to adjoining streets or properties. high intensity lights such as beacon lights, spot lights, search lights or flood lights. prisms, mirrors or polished reflecting surfaces used for the purpose of augmenting intensity of light sources. hi-intensity lights, laser lights or stroboscopic lights. Strip Lighting. Strip lighting used solely to outline a structure or any part thereof shall be considered as a sign and is prohibited within any zoning district in which the principal permitted use is a one, two or multiple-family dwelling or a mobile home. Strip lighting w/thin the remaining zoning disthcts may be permitted provided that such sthp lighting is limited to a total footage equivalent to twice the length or width of the principal building located along the street side. Strip lighting, as referred to here, shall not include Christmas decorations and related lights. Nonconforming. All non-conforming illumination, scintillation, flashing and related lighting devices shall be removed, eliminated or terminated within one (1) year from the effective date of this ordinance. SECTION 8.0 CONSTRUCTION, PERMITTING INSTALLATION, APPEARANCE AND A. All signs shall comply with the Florida Building Code. Concealment of Structural Supports. All attached signs shall have concealed structural members except for vertical supports or other supporting members which are designed and arranged so as to be an integral part of the aesthetic composition ora sign. Signs in general shall present a good structural appearance and when attached to a building it shall appear to be an integral part of the building. Maintenance. All signs shall be adequately maintained both front and back, where visible. Such maintenance shall include, but not be limited to, proper aligmnent of structures in a vertical upright position, continued readability of the structure and preservation of the structure with paint or other preservatives. Paint shall not be peeling or flaked. Rust shall not be visible. The Building Official may cause to be removed, after due notice, any sign which any sign which shows gross neglect, which becomes dilapidated or which has a surrounding landscaped area or planter around it that is not well maintained. 10/14/02 K-21 Construction and Electrical Permits. No sign shall be constructed, erected, or structurally altered without a sign permit, and if lighted or electrically wired, without an electrical permit. In order to obtain a permit to erect any sign within the jurisdiction of these regulations, an applicant shall submit to the Building Official an accurate drawing, to scale, showing the material to be displayed, height and dimensions, construction details, electrical plans conforming to the National Electric Code, and distances to property lines and/or buildings in respect to the proposed location of the sign to be erected. Site Plan Review. It is unlawful to relocate an existing sign or erect a sign upon the premises until such relocation or erection has been approved pursuant to site plan review procedures of this Schedule. Application. All applicants requesting approval of signs that require approval by the Planning and Zoning Commission shall submit an application to the Administrative Official on a form furnished by the City. Each application shall contain all information necessary to ascertain whether the proposed erection, alteration, use or change in use complies with the provisions of this schedule including, but not limited to: A site map drawn to scale depicting property boundaries, property dimensions, rights-of way, driveways and parking areas, location of all existing and proposed structures, location of all existing and proposed signs street comer and access visibility information; A drawing to scale of each sign being proposed depicting sign dimensions, square footage, sign height, depth, colors, finishes, typeface, building materials, structural details and lighting/electrical information. For all attached signs: building elevations showing proposed and existing permanent signage, window signs and canopy signs; Current photographs showing existing signs on the premises and dimensions of all existing signs. SECTION 9.0 NONCONFORMING SIGNS Applicability. The provisions of this Ordinance shall not apply to those signs which are the subject of the provisions of Section 70.20, Florida Statutes. Amortization Of Nonconforming Signs. Any sign which conformed to the existing land development when erected and subsequently is declared nonconforming due to the enactment of the provisions of Schedule "K" of the Land Development Regulations set forth in the Sanford City Code or any amendment to Schedule "K" may continue in place subject to the following provisions: 1. Signs Identifying Activity Conducted on Premises. 10/14/02 K-22 Any nonconforming sign identifying an activity conducted on the premises on which the sign is located must be removed when the business or use it advertises or identifies is discontinued or when all of the uses are discontinued on a directory sign. Any replacement sign must conform to all existing regulations. Any nonconforming sign identifying an activity conducted on the premises on which the sign is located shall be brought into conformity with the provisions of Schedule "K" prior to January 1, 2008. Any nonconforming sign identifying an activity conducted on the premises on which the sign is located, which is an animated sign, flashing sign, beacon sign or other prohibited sign which may have been permitted under prior ordinances, shall be brought into conformity prior to July 1, 2003. No sign shall be construed to be a lawful nonconforming sign if it was erected without a building permit having been obtained or without the appropriate approval of the City of Sanford in accordance with prescribed procedures. Administrative/Quasi-Judicial Review Procedure. a. Thc owner or owners of real property, or his, her, its or their expressly authorized agent (applicant), may request a determination of vested rights in a sign that is determined to be nonconforming under thc provisions of this Ordinance and applicable provisions of thc Land Development Rcgnlations of thc City of Sanford by paying thc application fee and filing a technically complete application with the City's Director of Planning and Community Development. The application form shall, at a minimum, contain the following information: · The name and address of the applicant who shall be the owner or all owners of the subject parcel of real property on which a sign is located or a person expressly authorized to apply on behalf of the owner or owners. · A legal description, current tax parcel identification number and survey or a sketch of the real property which is the subject of the application. The name and address of each owner of the real property. A site or development plan or plat for the real property. Identification by specific reference to any ordinance, resolution or other action of the City, or failure to act by the City, upon which the applicant relied and which the applicant believes supports the applicant's position. A statement of fact which the applicant intends to prove in support of the application that vested rights in a sign exist. The application shall fully articulate the legal basis for being allowed to continue the existence of a nonconforming sign. Such other relevant information that the City Commission may request or the applicant may desire to have considered. The application shall provide a sworn statement to be executed by all owners of the real property or an authorized agent that all information set forth on the K-23 10/14/02 application is tree and correct. The City's Director of Planning and Community Development shall screen each application for a vested rights determination to determine whether the application is technically complete. The sufficiency determination shall be made within fourteen (14) calendar days after receipt of an application. If not technically complete, the application shall be promptly returned to the applicant. A technically incomplete application shall be returned to the applicant with written notification of the deficient items not provided as required by this Ordinance and the applicant shall be granted fourteen (14) additional calendar days to complete this application. Ifa response is not submitted to the City's Director of Planning and Community Development within the time specified, the application shall be deemed abandoned. Upon the City's Director of Planning and Community Development accepting a technically complete application, for which the application fee has been submitted, the City Commission shall review the application and hold a public hearing and make a final determination within thirty (30) calendar days as to whether or not it has been clearly and convincingly demonstrated that the sign located on the real property subject to the application has vested status. Within seven (7) calendar days after making a final determination of vested rights status, the City Commission shall provide the applicant with written notification of the determination of vested rights status. If the City Commission determines that vested rights exist and that the existence of a sign may continue or continue for a period of time, the applicant shall have the right to rely upon such written notification that the sign located on the real property is vested, or vested for a certain period of time, and the determination that the sign located on the real property is vested shall be final and not subject to appeal. Thereupon, appropriate permits may be granted notwithstanding the nonconforming status of the sign; provided, however, that the sign shall he subject to such period of vesting as may .have been determined to exist by the City Commission or may be later established m a revised amortization period established by the City Commission in accordance with applicable law. At the hearing, the applicant shall present all of its, their, his or her evidence in support of the application. The technical rules of evidence in judicial proceedings shall not be applicable, but all testimony given shall be under oath. The City Commission's decision not to grant vested rights status shall be final subject, however, to appeal. Decisions made by the City Commission pursuant to this Ordinance may be appealed by the real property owner(s) to the Circuit Court in and for Seminole County, Florida. 1 O/14/02 K-24 SCHEDULE L NONCONFORMING LAND USE PROVISIONS SECTION 1.0 EXISTING NONCONFORMING STRUCTURES AND USES SECTION 1.1 STRUCTURES AND/OR USES Any structure or use which is lawfully existing of the effective date of these land development regulations, or an amendment thereto, except for signs and any other use which is subject to amortization and which does not conform with all the provisions of these regulations may remain and be continued subject to the following regulations: A. Structures: Shall not be used, enlarged, replaced or altered in any way which increases its nonconformity except in conformance with this Schedule; May be restored to a safe condition if declared unsafe, providing that such restoration does not constitute more than fifty (50) percent of the structure's appraised fair market value; If damaged more than fifty (50) percent of its appraised fair market value shall not be restored except in conformance with this Schedule. B. Uses: Shall not be expanded beyond the scope and area of its operation on the effective date of these land development regulations or amendment thereto except in conformance with these regulations; 2. Shall not be changed to another nonconforming use; Shall not, if discontinued for a period of six (6) months, be established or re- established on those premises. SECTION 1.2 USE, ENLARGEMENT, REPLACEMENT, EXPANSION AND/OR EXTENSION OF NONCONFORMING STRUCTURE AND/OR USE ALTERATION, AN EXISTING Any structure and/or use which is lawfully existing on the effective date of these land development regulations, or an amendment thereto, and which does not conform with Schedules B through K of these regulations, may be used, enlarged, replaced, altered, expanded and/or extended beyond the scope and area of its operation on the effective date of these regulations, or amendment thereto, subject to the following regulations: Such use, enlargement, replacement, alteration, expansion and/or extension is hereby designated as a conditional use permissible in the specific zoning district in which such existing nonconforming structure and/or use is located. In addition to complying with all of the procedures, provisions and requirements of these regulations for conditional use approval, all applicants for a conditional use permit involving the use, enlargement, replacement, alteration, expansion and/or extension of an existing nonconforming structure and/or use shall also provide the Administrative Official with adequate and sufficient documentation to establish that the specific nonconforming structure and/or use in question did in fact, lawfully exist on the effective date of these regulations, or amendment, thereto, which resulted in such structure and/or use becoming nonconforming. No application for a conditional use permit involving such a request shall be accepted by the Administrative Official or considered by the Planning and Zoning Commission without such documentation of nonconformity and proof of prior legal existence. Evidence of a valid occupational license shall not in and of itself, establish a prima facie case for the documentation of actual nonconformity and proof of prior legal existence. All applications for a conditional use permit involving the use, enlargement, replacement, alteration, expansion and/or extension of an existing nonconforming structure and/or use shall be subject to all appropriate safeguards and conditions necessary to ensure that any such approval will not be contrary to the public interest, the intent of this Schedule or injurious to the specific area in which the existing nonconforming structure and/or use is located. Under no circumstances shall the provisions of this section be construed to mean that any existing nonconforming structure and/or use may be changed to another nonconforming use, or that any provision, requirement and/or regulation contained within this Schedule these regulations can be waived or reduced which can reasonably be complied with by the applicant. In essence, the provisions of this section shall not be construed and/or applied in such a manner as to permit the use, enlargement, replacement, alteration, expansion and/or extension of any existing nonconforming structure and/or use without justifiable reasons based on a legally existing and nonconforming status; or such application that would result in any undue hardship or injurious activity that would deprive adjacent individual property owners of their property rights; or that would be detrimental to the area surrounding the nonconforming premises in general. SECTION 2.0 RESERVED SECTION 3.0 PERMITS SECTION 3.1 SITE DEVELOPMENT PERMITS Proposed buildings, for which site development permits have been issued prior to their designation as nonconforming by amendment of these regulations, may be completed and used as originally intended only if valid "building permits" have been issued for such proposed buildings prior to the adoption or amendment of these regulations and only then if such proposed buildings are completed, or that substantial progress has been made on the construction or alteration authorized therein within one (1) year after the date on which such "building permit" was issued. SECTION 3.2 BUILDING PERMITS Proposed buildings for which "building permits" have been issued prior to their designation as nonconforming by the adoption or amendment to these regulations may be completed and used as originally intended provided they are completed or that substantial progress has been made on the construction or alteration authorized therein within one (1) year after the date on which such "building permit" was issued. SECTION 4.0 EXISTING UNDEVELOPED NONCONFORMING PARCELS OF RECORD SECTION 4.1 PARCELS OF RECORD The Administrative Official may issue a site development permit and/or certificate of completion for an undeveloped parcel of record which lawfully existed prior to the effective date of these regulations, or amendment thereto and which is too small to allow conformance with the area and dimension regulations of this Schedule for lots or tracts subject to the following provisions: The undeveloped parcel is a lawfully existing undeveloped parcel of record,is located within an SR-1AA, SR-lA, SR-1, MR-1, MR-2, MR-3 or RMOI Zoning District provided that the lot has a minimum lot area of at least five thousand (5,000) square feet, the minimum lot width at the building line is at least fifty (50) feet and the proposed use is for a one-family dwelling. In addition, this provision shall not apply to any parcel shown on a survey which has been filed with and accepted by the City of Sanford Building Official for the purpose of issuing building permits prior to the effective date of these regulations and provided that the parcels included within such survey have at least ten (10) feet of parcel fi:ontage on a street and the survey has been prepared by a registered surveyor. The following minimum yards shall be provided: Side yards of at least five (5) feet. Front yards of at least twenty-five (25) feet, unless the parcel is located on a street for which the base building line and designated right-of-way line requirements has been established by these regulations in which case the base building line requirements shall be complied with. Rear yards of at least fifteen (15) feet. Street side yards of at least fifteen (15) feet. Under no circumstances shall the provisions of this section be construed so as to make possible more than the minimum reasonable use of the parcel in question or to increase the number of residential units permitted on a premises having less than the minimum required land area. If a lawfully existing undeveloped parcel of record cannot comply with all of the requirements of these regulations, including the provisions contained in this section, the Administrative Official shall not issue a site development permit or certificate of completion until either of the following: The Board of Adjustment has granted a dimensional variance for parcels zoned for one-family and two-family uses; The Planning and Zoning Commission has granted a conditional use for parcels zoned for multiple-family and/or nonresidential uses for the parcel in question. SECTION 4.2 ADJOINING PARCELS When adjoining existing undeveloped nonconforming parcels of record are under the same ownership, they shall not be used or sold separately except in conformance with the dimension and area requirements of these regulations provided that this limitation shall not apply to adjoining lots of record located within an SR-IAA, SR-1A, or SR-1 Zoning District and provided that each individual lot has a minimum lot area of at least five thousand (5,000) square feet and a minimum lot width at the building line of at least fifty (50) feet. In addition, this provision shall not apply to any parcel shown on a survey which has been filed with and accepted by the City of Sanford Building Official for the purpose of issuing building permits prior to the effective date of these regulations and provided that the parcels included within such survey have at least ten (10) feet of parcel frontage on a street and the survey has been prepared by a registered surveyor. SECTION 5.0 DIMENSIONAL VARIANCES AND CONDITIONAL USES SECTION 5.1 PROOF OF NONCONFORMING STATUS All applicants for a dimensional variance or conditional use involving an undeveloped nonconforming parcel of record shall provide the Administrative Official with adequate and sufficient documentation to establish that the specific nonconforming parcel in question was a lot or tract of record on the effective date of these regulations, or amendment thereto, which resulted in such parcel becoming nonconforming. No application for a dimensional variance or conditional use involving such a request shall be accepted by the Administrative Official or considered by the Board of Adjustment or Planning and Zoning Commission, without such documentation of nonconformity and proof of prior legal existence. Variances shall be required for single-family or duplex structures. Conditional uses shall be required for multiple-family and nonresidential uses. SECTION 5.2 JUSTIFICATION The provisions of this section shall not be construed and/or applied in such a manner so as to permit the use of any existing undeveloped nonconforming parcels of record without justifiable reasons based on a legally existing and nonconforming status; or that would result in any undue hardship or injurious activity that would deprive adjacent individual property owners of their property rights; or, that would be detrimental to the area surrounding the nonconforming parcel in general.