3821ORDINANCE 2003- 3821
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING
ARTICLES II AND XI AND SCHEDULES "B", "C', "D", "E" AND "J"
OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF
SANFORD AS SET FORTH IN THE CITY OF SANFORD CITY
CODE/CODE OF ORDINANCES; RELATING TO RESIDENTIAL
ZONING DISTRICTS; RELATING TO THE MULTIPLE FAMILY
RESIDENTIAL/OFFICE/INSTITUTIONAL ZONING DISTRICT;
RELATING TO PLANNED DEVELOPMENTS; RELATING TO
DENSITIES AND INTENSITIES, LOT SIZES, OPEN SPACE, BUFFERS,
WALLS AND GATED ENTRANCES, BUILDING HEIGHTS, BUILDING
AREAS, LOCATIONS OF BUILDINGS, BUILDING REQUIREMENTS,
SITE PLANNING, DEVELOPMENT GUIDELINES, PARKING, DESIGN
STANDARDS, LANDSCAPING, AND ADULT ARCADE AMUSEMENT
CENTERS; PROVIDING FOR AND AMENDING DEFINITIONS; AND
AMENDING THE SANFORD CITY CODE/CODE OF ORDINANCES AND
APPENDIX "A' THERETO (THE LAND DEVELOPMENT
REGULATIONS) AND RELATING TO THE REGULATION OF ADULT
ARCADE AMUSEMENT CENTERS; PROVIDING FOR LEGISLATIVE
INTENT; PROVIDING FOR A DEFINITION; PROVIDING FOR
APPROPRIATE (MI2 AND RI1) ZONING DISTRICTS OR
CLASSIFICATIONS/LAND USE CATEGORIES FOR ADULT ARCADE
AMUSEMENT CENTERS AS CONDITIONAL USES/SPECIAL
EXCEPTIONS; PROVIDING FOR REGULATIONS REGARDING THE
LOCATION AND OPERATION OF SUCH USES AND FOR CONDUCT
AT SUCH USES; PROVIDING FOR REGULATIONS PERTAINING TO
SUCH USES; PROVIDING FOR PROHIBITED ACTS; PROVIDING FOR
CONDITIONS OF USE; PROVIDING FOR OCCUPATIONAL LICENSE
TAX REQUIREMENTS; AMENDING SECTION 16.12 TO PROVIDE FOR
AN ADDITION TO THE SCHEDULE OF OCCUPATIONAL LICENSE
TAX; PROVIDING FOR SEVERABILITY; PROVIDING FOR
PENALTIES; PROVIDING FOR CODIFICATION; PROVIDING FOR
CONFLICTS AND A REPEALER AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Sanford desires to amend the
Sanford City Code/Code of Ordinances (the Land Development Regulations of the City
of Sanford as set forth in Appendix "A" thereto); and
WHEREAS, the City has determined that adult arcade amusement centers
require Iocational standards and additional regulations and requirements to ensure and
protect the public health, safety, morals and welfare; and
WHEREAS, the City's Planning and Zoning Commission (Local Planning
Agency) held a public meeting, in accordance with State law on November 6, 2003 and
considered all matters that are appropriately considered in accordance with the
jurisdiction of that Commission under the codes and ordinances of the City of Sanford
and State law; and
WHEREAS, it is the intent of this Ordinance to, among other things, regulate
adult arcade amusement centers that oftentimes mimic the look and feel of gambling
venues, but are operated in accordance with Chapter 849, Florida Statutes, (Gambling);
and
WHEREAS, the regulation of adult arcade amusement center venues ensures
that such centers are permitted in the appropriate compatible land use
designation/classification within the City of Sanford and that appropriate police powers
are implemented, established and applied in order to ensure the reduction of any
adverse secondary effects and in order to advance the public policy of protecting
children and providing for appropriate uses in appropriate locations; and
WHEREAS, the City Commission of the City of Sanford has concluded that other
amendments to the City's Land Development Regulations as set forth in this Ordinance
are necessary and desirable and will further enhance the quality of life of the citizens of
the City of Sanford and result in further high quality development within the City of
Sanford; and
WHEREAS, the City Commission of the City of Sanford held all required public
hearings in accordance with the provisions of State law in order to solicit input from the
public; and
WHEREAS, the City Commission of the City of Sanford has determined that the
provisions of this Ordinance are consistent with the objectives, goals and policies and
other provisions of the City of Sanford Comprehensive Plan.
NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF
SANFORD, FLORIDA:
SECTION 1. LEGISLATIVE INTENT.
(a). The above recitals set forth in the whereas clauses of this Ordinance are
hereby adopted as the legislative intent for the enactment of this Ordinance. The City
Commission of the City of Sanford hereby finds and determines that the provisions of
this Ordinance advance a legitimate public purpose and promote and protect the public
health, safety, morals and welfare of the public. Moreover, the City Commission of the
City of Sanford has concluded that the provisions of this Ordinance are consistent with
the requirements of State law including, but not limited to, the growth management laws
of the State of Florida.
(b). It is not the intent of this Ordinance to purport to permit any act or activities
prohibited by the provisions of State law including, but not limited to, the provisions of
chapter 849, F/o#da Statutes. Moreover, it is not the intent to expand, in any way, the
provisions of Section 849.161, Florida Statutes.
SECTION 2. DEFINITION. The Sanford City Code/Code of Ordinances (the
Land Development Regulations of the City of Sanford as set forth in Appendix "A"
thereto) is amended to add the following definition:
Adult Arcade Amusement Center means an arcade or other similar
entertainment enterprise or business at which electronic, mechanical, computer or other
similar games of amusement, chance or skill are played, whether for consideration or
not. The presence of games or gaming devices that are similar to, or in the nature of,
slot machines shall result in a rebuttable presumption that the enterprise or business at
which such machines are located is an adult arcade or amusement center. Adult
arcades or amusement centers shall be referred to herein from time-to-time as "the
enterprise or business".
SECTION 3. PROVISIONS RELATING TO ADULT ARCADE AMUSEMENT
CENTERS. The Sanford City CodelCode of Ordinances (the Land Development
Regulations of the City of Sanford as set forth in Appendix "A' thereto) is hereby
amended by adding the following provisions:
(a). Adult Arcade Amusement Centers/Conditional Uses. Adult arcade
amusement centers are hereby permitted in the MI2 and RI1 land use categories/zoning
districts or classifications upon the granting of a conditional use/special exception
issued in accordance with the processes and procedures set forth in this Code;
provided, however that bona fide charitable organizations that have been awarded
Section 501(c)(3) status under the Internal Revenue Code of the United States may
operate five (5) or fewer games of amusement, chance or skill on their premises which
operation would otherwise subject the premises to regulation under the provisions of
this Ordinance.
(b). Locational Standards for Adult Arcade Amusement Centers.
(1). Location. No conditional use/special exception shall be granted for an
adult arcade amusement center that would be located within 1,500 feet of a parcel of
property which is assigned a land use designation or zoning classification which permits
a single family residence or on which a single family residence is located, another adult
arcade amusement center, a public or private school, a day care facility, a church or
house of worship, a public library, an alcoholic beverage establishment or a public park.
The required 1,500 feet minimum separation shall be measured from the nearest point
of one use to the nearest point of the other use in a straight line. An adult arcade
amusement center shall not be located within the same development, plaza or center as
any other adult arcade amusement center regardless of separation distances.
(2). Hours of Operations: Adult arcade amusement canters are prohibited from
being open past 11:00 p.m. and prior to 9:00 a.m.
(3). Signage: The use of any imagery on a sign referencing gambling
including, but not limited to, slot machines, poker wheels, or any other similar machine
or device shall not be permitted when visible from the exterior of the enterprise or
business including, but not limited to, wall signage and window signage. The use of
strip lighting is prohibited.
(4). Parking: Parking requirements for adult arcade amusement center shall be
prescribed in the development order granting the conditional use/special exception.
(c). Special Permit Criteria. The following requirements shall apply to all adult
arcade amusement centers and shall be set forth as conditions in all conditional
uses/special exceptions issued to permit an adult arcade amusement center:
(1). The person operating or conducting the enterprise or business shall inform
the City Manager, or designee, as to changes in the information required in this Section.
(2). A permit shall not be issued if a person with an interest in the enterprise or
business, or an employee of the business, has been convicted of a violation of a
Federal or State statute or any local ordinance pertaining to gambling or any other crime
involving morel turpitude within five (5) years preceding the application for the
conditional use/special exception.
(3). The applicant shall be twenty-one (21) years of age or more.
(d). Occupational License and Registration. The requirements set forth herein
for the applicant for the conditional use/special exception shall apply to each and every
subsequent owner and operator of the enterprise or business operating under the
conditional use/special exception:
(1). As a prerequisite to the issuance of an occupational license for the
enterprise or business, an inspection shall be made of the premises by the City Building
Official, the City Fire Marshall, and the City Chief of Police, or their designee, each of
whom must approve the issuance of such occupational license.
(2). Registration for each amusement device, however operated, is required at
the time of application for an occupational license. For each machine registered, a
numbered metal tag or plastic decal shall be issued to the applicant for each machine
so covered. Application for machine registration stickers must disclose the location
where the machine is to be operated, the manufacturer of the machine, the
manufacturer's serial number, and the software version, if any. Registration stickers are
not transferable from person to person, place to place, or machine to machine. No
machine will be eligible for a registration sticker if its operation involves any material
elements of chance, unless:
(A). The applicant submits with the application, satisfactory proof that the
applicant has registered with the United States Department of Justice pursuant to 15
United States Code 1171, and
(B). The applicant submits with the application, the records required under
Federal law to be maintained by those who register under 15 United States Code 1171,
and certifies the machine bears the permanent marking required by Federal law.
(3). The applicant shall keep the registered machines, the records of
acquisition, location and disposition required by Federal law, and records of prize
awards open to police inspection at any time.
(e). Applications. No person shall operate or conduct an adult arcade
amusement center for use by the general public in the City for the reward of money or
other reward without first obtaining an occupational license. A person desiring to apply
for such a license shall make an application therefore in writing on a form prescribed by
the City Manager, or designee, which application shall set forth, at a minimum, the
following:
(1). The name under which the enterprise or business is to be conducted;
(2). The location at which the enterprise or business is to be carried on;
(3). The name, address, and principal occupation of every person with an
interest in the enterprise or business;
(4). The number of machines to be exhibited;
(5). The serial numbers, manufacturer, and name of each machine; and
(6). Whether the applicant has ever been engaged in operating an amusement
arcade, of whatsoever type or nature, and when, where and how long in each place
within five (5) years preceding the date of application.
(f). Operations. The adult arcade amusement center shall conform to the
following requirements:
(1). An adult who is twenty-one (21) years of age or older shall be on the
premises of the adult arcade amusement center and shall supervise the operation
thereof at all times during all hours of operation.
(2). No alcoholic beverages including beer and wine shall be consumed on the
premises of an adult arcade amusement center.
(3). No person under the age of eighteen (18) years is permitted on the
premises of an adult arcade amusement canter before 4:00 p.m. on any day the public
or private schools are in session, unless such person is accompanied by his or her
parent or legal guardian.
(4). The violation of any of the provision of this Ordinance shall be sufficient
reason for the City Commission to revoke the conditional use/special exception issued
for the enterprise or business.
(g). Peace Disturbances; Gamblin,q; Intoxicated Persons; Minors. No licensee
or owner of any adult arcade amusement center, or any servant, agent or employee of
such a licensee or owner, shall permit upon the premises housing a mechanical
amusement devise arcade any of the following:
(1). Disorderly persons;
(2). Gambling, or the use, possession or presence of gambling paraphernalia;
(3). Intoxicated persons to loiter on the premises;
(4). Loud noise or music to emerge from the licensed premises, which noise or
music is disturbing to the surrounding area; and
(5). Any licensee or owner, or any servant, agent or employee thereof, shall be
presumptively deemed to have permitted the conduct enumerated in subsection (g)
hereof if it occurs on the premises housing an adult arcade amusement center.
SECTION 4. AMENDMENT TO SECTION 16.12; ADDITION TO THE
SCHEDULE OF OCCUPATIONAL LICENSE TAX. The provision of Section 16.12,
Sanford City CodelCode of Ordinances, are amended to add the category "ADULT
ARCADE AMUSEMENT CENTER" and the license tax of $225.00 is hereby established
for that classification of business and this provision shall be added to the table set forth
in the said Section 16.12.
SECTION 5. AMENDMENT TO ARTICLE II (LAND USE, ZONING, AND
PERFORMANCE CRITERIA) OF CITY LAND DEVELOPMENT REGULATIONS.
The provisions of Article II of the City of Sanford Land Development Regulations (Land
Use, Zoning, and Performance Criteria) as set forth in the Sanford City Code/Code of
Ordinances is amended as set forth in the provisions of Exhibit "A" to this Ordinance
which Exhibit is incorporated herein by this reference thereto as if fully set forth herein
verbatim.
SECTION 6. AMENDMENT TO ARTICLE Xl (GLOSSARY) OF CITY LAND
DEVELOPMENT REGULATIONS. The provisions of Article Xl of the City of
Sanford Land Development Regulations (Glossary) as set forth in the Sanford City
Code/Code of Ordinances is amended as set forth in the provisions of Exhibit "B" to this
Ordinance which Exhibit is incorporated herein by this reference thereto as if fully set
forth herein verbatim.
SECTION 7. AMENDMENT TO SCHEDULE "B" (PERMITTED USES) OF
CITY LAND DEVELOPMENT REGULATIONS. The provisions of Schedule "B" of
the City of Sanford Land Development Regulations (Permitted Uses) as set forth in the
Sanford City Code/Code of Ordinances is amended as set forth in the provisions of
Exhibit "C" to this Ordinance which Exhibit is incorporated herein by this reference
thereto as if fully set forth herein verbatim.
SECTION 8. AMENDMENT TO SCHEDULE "C" ;AREA AND DIMENSION
REGULATIONS) OF CITY LAND DEVELOPMENT REGULATIONS. The
provisions of Schedule "C" of the City of Sanford Land Development Regulations (Area
and Dimension Regulations) as set forth in the Sanford City Code/Code of Ordinances
is amended as set forth in the provisions of Exhibit "D" to this Ordinance which Exhibit is
incorporated herein by this reference thereto as if fully set forth herein verbatim.
SECTION 9. AMENDMENT TO SCHEDULE "D" (PLANNED DEVELOPMENT
PROJECT REGULATIONS) OF CITY LAND DEVELOPMENT REGULATIONS. The
provisions of Schedule "D" of the City of Sanford Land Development Regulations
(Planned Development Project Regulations) as set forth in the Sanford City Code/Code
of Ordinances is amended as set forth in the provisions of Exhibit "E" to this Ordinance
which Exhibit is incorporated herein by this reference thereto as if fully set forth herein
verbatim.
SECTION 10. AMENDMENT TO SCHEDULE "E" (ADDITIONAL
REQUIREMENTS AND PROVISIONS FOR SPECIFIC USES) OF CITY LAND
DEVELOPMENT REGULATIONS. The provisions of Schedule "E" of the City of
Sanford Land Development Regulations (Additional Requirement and Provisions for
Specific Uses) as set forth in the Sanford City Code/Code of Ordinances is amended as
set forth in the provisions of Exhibit "F" to this Ordinance which Exhibit is incorporated
herein by this reference thereto as if fully set forth herein verbatim.
SECTION 11. AMENDMENT TO SCHEDULE "J" (LANDSCAPE, BUFFER
AND TREE REQUIREMENTS) OF CITY LAND DEVELOPMENT REGULATIONS.
The provisions of Schedule "J" of the City of Sanford Land Development Regulations
(Landscape, Buffer and Tree Requirements) as set forth in the Sanford City Code/Code
of Ordinances is amended as set forth in the provisions of Exhibit "G" to this Ordinance
which Exhibit is incorporated herein by this reference thereto as if fully set forth herein
verbatim.
SECTION 12. PENALTIES.
(a). Any person, firm, corporation or agent who shall violate any provision of
this Ordinance or who fails to comply therewith, or with any of the requirements thereof,
shall be fined in an amount not exceeding five hundred dollars ($500.00) or be
imprisoned for a period not exceeding sixty (60) days. Either or both penalties may be
imposed. Each day during that any violation occurs constitutes a separate offense.
(b). Nothing herein contained shall prevent the City from taking such other
lawful action including, but not limited to, resort to equitable legal actions as it deems
necessary to prevent or remedy any violation of this Ordinance or other code
enforcement processes and procedures as authorized by the provisions of Florida law.
SECTION 13. SEVERABILITY. If any section or portion of a section of this
Ordinance proves to be invalid, unlawful or unconstitutional, it shall not be held to impair
the validity, force or effect of any other section or part of this Ordinance.
SECTION 14. CONFLICTS/REPEALER. All ordinances or parts of ordinances
in conflict herewith are hereby repealed. Emergency Ordinance Number 3809 and any
re-enactments thereof, are hereby repealed.
SECTION 15. 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 Sanford City CodelCode of Ordinances (the
Land Development Regulations of the City of Sanford as set forth in Appendix "A"
thereto); 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; that the code codifler is granted the authority and
discretion to codify the provisions of this Ordinance in multiple places to aid in the
references to the provisions hereof; provided, however, that Sections 12, 13, 14, 15 and
16 shall not be codified. The Code codifier is granted liberal authority to move the
provisions of this Ordinance to appropriate sections within the Sanford City CodelCode
of Ordinances and to modify or change the charts set forth in the Sanford City
CodelCode of Ordinances in order to implement the provisions of this Ordinance and to
assist the users of the Sanford City Code/Code of Ordinances.
SECTION 16. EFFECTIVE DATE. That this Ordinance shall become effective
immediately upon passage and adoption.
PASSED and ADOPTED this ~'~:~ .day of ~-~--~-~/~ , 2003.
City Commission of the City of
Sanford, Florida
IVl~yor Brad~Lessard '
Attest'.
Ordinance 3821 .doc
CERTIFICATE
I, Janet R. Dougherty, City Clerk of the City of Sanford, Florida, do hereby certify that a
tree and correct copy of the foregoing Ordinance No. 3821 PASSED AND ADOPTED by the
City Commission of the City of Sanford, Florida, on the 8th day of December, 2003, was posted
at the from door of the City Hall in the City of Sanford, Florida, on the 9th day of December,
2003.
rk of the C~(y of
San~rd,
Florida
SCHEDULE A
SCHEDULE B
SCHEDULE C
SCHEDULE D
Section 1.0
Section 2.0
Section 3.0
SCHEDULE E
Section 1.0
Section 2.0
Section 3.0
Section 4.0
Section 5.0
Section 6.0
Section 7.0
Section 8.0
Section 9.0
Section 10.0
Section 11.0
Section 11.1
Section 11.2
Section 12.0
Section 13.0
Section 14.0
Section 15.0
Section 16.0
Section 17.0
SCHEDULEF
Section 1.0
LAND DEVELOPMENT REGULATIONS SCHEDULES
CITY OF SANFORD, FLORIDA
TABLE OF CONTENTS
PAGE
LAND USE CLASSIFICATIONS ................................................... A-1
PERMITTED USES
AREA AND DIMENSION REGULATIONS ................................ C-1
PLANNED DEVELOPMENT PROJECT
REGULATION ................................................................................. D-1
Permitted Use
Area and Dimensional Regulations .................................................... ~. D-1
Additional Provisions for Planned Development Projects ............. .'.... D-4
ADDITIONAL REQUIREMENTS AND PROVISIONS
FOR SPECIFIC USES .............. .... E-1
Automotive Uses and Welding Establishments .................................. E- 1
Retail Sales and Services .................................................................... E-2
Home Occupations .............................................................................. E-4
Temporary Construction Activities ..................................................... E-5
Mobile Homes ..................................................................................... E-6
Travel Trailers ..................................................................................... E-7
Community Residential Homes .......................................................... E-7
Hazardous and Nonhazardous Uses .................................................... E-9
Junkyards ..................................................................................... E-12
Miscellaneous Business and Services, Commemial
Amusements, Wholesale and Storage and Manufacturing ................. E-12
Mining and Excavation ....................................................................... E-13
Mining Criteria .................................................................................... E- 14
Bond
..................................................................................... E-IS
Hazardous Waste and Materials .......................................................... E-19
Communication Towers ...................................................................... E-20
Compatibility Standards for Community Resoume Facilities ........ i...E-22
Urban lnfill Redevelopment Projects .................................................. E-23
Multiple Family Housing Design Guidelines ..................................... E-25
Adult Arcade Amusement Center ....................................................... E-28
GENERAL REQUIREMENTS FOR BUILDINGS,
PARCELS, YARDS AND BUILDING SETBACKS ..................... F-l-
Buildings .................................. ,, ................................................. - F-1
Section 2.0
Section 3.0
Section 4.0
Section 5.0
Section 6.0
Parcels
Yards and Building Setbacks .............................................................. F-3
Appearance of Site and Stmctnres ...................................................... F-11
Commercial Vehicles .......................................................................... F-15
Inoperable or Unlicensed Vehicles ..................................................... F-15
SCHEDULE G
Section 1.0
Section 1.1
Section 1.2
Section 1.3
Section 1.4
Section 1.5
Section 2.0
Section 3.0
Section 4.0
Section 4.1
Section 4.2
Section 4.3
Section 4.4
Section 5.0
Section 5.1
Section 5.2
SCHEDULE H
SCHEDULEI
SCHEDULE J
Section 1.0
REQUIREMENTS FOR VEHICLES AND
DESIGNATED RIGHT-OF-WAY ..................................................G- 1
Off-Street Parking Space, Loading, Unloading and Service
Area Space and Vehicular Access Requirements ............................... G-1
Off-Street Parking Space ........................................................ G- 1
Design and Specifications for Parking
and Loading Areas .................................................................. G-2
Off-Street Loading, Unloading and Service Area Space ...: .... G-3
Off-Street Parking, Loading, Unloading and
Service Area Space Access and Improvements ...................... G-4
Recreational Vehicles and Associated Equipment
Storage in Multi-family Residential
Developments ............................................................................. G-5
Common Vehicular Access Points ...................................................... G~6
Alteration and/or Change of Use ........................................................ G-7
Base Building Line and Designated Right-of-Way
Requirements G-8
Base Building Line ..................................................................
Designated Right-of-Way Lines .............................................. G-8
Base Building Line and Designated Right-of-Way Line
Requirements for Specific Streets ........................................... G-8
Special Lake Monroe Building Setbacks ................................ G-8
Modification to Off-Street Parking and/or
Loading, Unloading and Service Area ................................................ G-9
Off-Street Parking Modifications ............................................ G-9
Administrative Official ........................................................... G- 10
MINIMUM AUTOMOBILE OFF-STREET
PARKING SPACE REQUIREMENTS ................................ ~ ...... H-1
BASE BUILDING LINE AND DESIGNATED
RIGHT-OF-WAY REQUIREMENTS FOR
SPECIFIC STREETS .......................................................................
I-1
LANDSCAPE, BUFFER AND TREE REQUIREMENTS ........... J-t-
Purpose and Intent ........................................................................... J-1
ii
SCHEDULES, TABLE OF CONTENT, Continued
PAGE
Section 1.1
Section 2.0
Section 2.1
Section 2.2
Section 2.3
Section 2.4
Section 2.5
Section 2.6
Section 2.7
Section 3.0
Section 3.1
Section 3.2
Section 3.3
Section 3.4
Section 3.5
Section 3.6
Section 3.7
Section 4.0
Section 4.1
Section 4.2
Section 4.3
Section 4.4
Section 4.5
Section 4.6
Section 5.0
Section 5.1
Section 5.2
Section 5.3
Section 5.4
Section 6.0
Section 7.0
Definitions, Landscape, Buffers and Tree Protection ............. J-1
Landscape Requirements .................................................................... J-4
Landscape Requirements For Residential Uses ...................... J-4
Off-Street Parking and Vehicular Circulation Areas .............. J-4
Landscape Adjacent to Streets and Parcels ............................. J-5
Reductions and Exceptions to Landscape Requirements .................... J-8
Credit for Healthy Existing Trees and Plant Materials ........... J-8
Foundation Landscaping ......................................................... J-8
Comprehensive Landscape Program ....................................... J-9
Land Use Compatibility Requirements ............................................... J-9
General Explanation of Requirements .................................... J-9
Buffer ..................................................................................... J-9
Visual Screen .......................................................................... J-11
Application of Requirements ................................................. '.J-12
Modifications to Land Use Compatibility Requirements ' J-13
Screening of Equipment .......................................................... J-13
Buffer Lighting ........................................................................ J-14
Tree Protection and Preservation Requirements ................................. J- 14
Site Development Permit Required ........................................ J-14
Criteria for Tree Removal, Replacement and Relocation ...... J-14
Submittal Requirements .......................................................... J- 15
Exceptions and Exemptions .................................................... J-16
Specimen Trees ....................................................................... J-17
Violations and Penalties .......................................................... J- 18
Landscape Material, Installation and Maintenance
Standards ..................................................................................... J- 18
Required Trees and Shrubs ..................................................... J-19
Unacceptable Plant Species .................................................... J-19
Installation of Required Landscape and Trees ........................ J-19
Tree Preservation During Development and Construction ..... J-21
Drought Tolerant Plant Standards Applicable to
Required Landscaping ......................................................................... J-22
Maintenance of Required Landscape .................................................. J-22
Appendix 1 List of Plants Recommended for Sanford ....................................................... J-24
SCHEDULE K SIGN REGULATIONS ......................................................... K-1
Section 1.0
Section 2.0
Section 2.1
Section 2.2
Section 2.3
Section 3.0
Purpose and Intent ............................................................................... K-I
Location ..................................................................................... K-1
Sign Surface Area ..... _ K-2
Signs Permitted in All Zoning Districts .................................. K-_~
Signs Prohibited in All Zoning Districts ................................. K-3
Signs Identifying Activity Conducted on Premises ............................ K-4
iii
SCHEDULES, TABLE OF CONTENT, Continued
Section 3.1
Section 3.2
Section 3.3
Section 3.4
Section 3.5
Section 4.0
Section 4.1
SCHEDULE L
Section 1.0
Section 1.1
PAGE
Banner Signs .......................................................................... K-8
Mobile Trailer Signs ............................................................... K-9
Motor Vehicle Sign ................................................................. K-10
Political Campaign Signs ........................................................ K-10
Roof Signs ............................................................................... K-11
Lighting ..................................................................................... K-12
Construction, Installation, Appearance and Permitting ..........K-13
NONCONFORMING LAND USE PROVISIONS ........................ L-1
Existing Nonconforming Structures and Uses ................................... ! ,-1
Structures and/or Uses
Section 1.2
Section 2.0
Section 3.0
Section 3.1
Section 3.2
Section 4.0
Section 4.1
Section 4.2
Section 5.0
Section 5.1
Section 5.2
SCHEDULE M
Section 1.0
Section 2.0
Section 3.0
Section 3.1
Section 3.2
Section 3.3
Section 3.4
Section 3.5
Section 3.6
Use, Enlargement, Replacement, Alteration,
Expansion and/or Extension of an Existing
Nonconforming Structure and/or Use .............................................. L-1
Reserved
Permits
Site Development Permits .......................................................
Building Permits ..................................................................... L-3
Existing Undeveloped Nonconforming Parcels of Record ................. L-3
Parcels of Record
Adjoining Parcels .................................................................... L-4
Dimensional Variances and Conditional Uses .................................... L-4
Proof of Nonconforming Status ..............................................
Justification ............................................................................. L-4
ENVIRONMENTALLY SENSITIVE LANDS .............................. M-1
Purpose and Intent ............................................................................... M- 1
Applicability ..................................................................................... M- 1
Wetlands and Soil Limitation Submittal
Requirements
Wetland Design and Performance Criteria ............................. M-3
Flood-Prone Area Design and Performance
Criteria ................................................................................ ~... M-4
Wildlife Habitat Preservation and Protection
of Upland Vegetative Commtmities and
Endangered or Threatened Flora and Fauna ........................... M-7
Protecting Environmentally Sensitive Lands
During Construction ................................................................ _ M-8
Soil Erosion, Sedimentation Control, and
Shoreline Protection .................................................................... M-8'
Lake Shore Protection .......... '_ .................................... : ............... M-11
SCHEDULES, TABLE OF CONTENT, Continued
PAGE
Section 3.7
Section 4.0
Section 4.1
Section 4.2
Section 4.3
Section 4.4
Section 4.5
Section 4.6
Section 4.7
Section 5.0
Section 6.0
Section 7.0
Section 8.0
Agricultural Activity Adjacent to Waterways
Prohibited .................................................................................. M- 13
Dock and Pier Construction Guidelines .............................................. M-14
Intent
General Provisions ........................................................ } .......... M- 15
Non-Commercial Single Docking Facility Standards ............. M-17
Non-Commemial Multi-Dock Facility Standards ................... M-17
Commemial Docking Facility Standards ................................ M-I 8
Waivers
Procedures for Issuance of Development Orders .................... M-19
Effective Recharge Areas - Prohibited Uses ....................................... Mql 9
Wellfield Protection ............................................................................ M-19
Exemptions ..................................................................................... M-20
Land Unsuitable for Development .................................................... :. M-20
SCHEDULE N
SUBDIVISIONS, STREETS, LOT AND TRACT DESIGN
AND PAVING REQUIREMENTS .................................................N-1
Section 1.0
Section 1.1
Section 1.2
Section 1.3
Section 1.4
Section 2.0
Section 2.1
Section 2.2
Section 3.0
Section 3.1
Section 3.2
Section 4.0
Section 4.1
Section 5.0
Section 5.1
Section 5.2
Section 6.0
Section 7.0
Section 8.0
Streets, Lots and Tracts Design .......................................................... N-1
Minimum Design Standards and Improvements ..................... N- 1
General Street Design and Arrangement ............................... N. ~
Local Streets ............................................................................ N-3
General Lot and Block Design Requirements ......................... N-4
Sidewalks
..................................................................................... N-9
General Sidewalk Requirements ............................................. N-9
Sidewalk Construction Requirements ..................................... N-9
Utilities
..................................................................................... N-10
Utility Easements .................................................................... N-10
Other Utilities .......................................................................... N-10
Street Construction .............................................................................. N-11
Auxiliary Lanes (Right & Left Turn Lanes) ........................... N-18
Accessways, Driveways, Parking Lots and Related
Improvements ..................................................................................... N-22
Provision for Handicapped Parking and Loading Zones ........ N-28
Solid Waste Container Requirements ..................................... N-30
Materials and Testing ....................................................................... ~..N-32
Abbreviations N-33
Construction and Inspection by the City ............................................... N-34
Figure N-1
Figure N-2
Figure N-3
Figure N-4
Figure N-5
Standard Roadway Sections ................................................................ N-5
Standard Roadway Sections ................................................................ N-6
Typical Swale Section ......................................................................... - Nq7-
Standard Concrete Valley Gutter ........................................................ N-8
Street Light Standard .......................................................................... N-12
V
SCHEDULES, TABLE OF CONTENT, Continued
PAGE
Figure N-6
Figure N-7
Figure N-8
Figure N-9
Figure N- 10
Figure N- 11
Figure N-12
Figure N- 13
Alternate Curb Sections ...................................................................... N- 16
Taper Striping Detail ........................................................................... N-19
Auxiliary Lane(s) Detail ..................................................................... N-20
Recommended Tape Length for Various Design Speeds .................... N-21
Driveway Detail with Standard Curb and Gutter ..................... i .......... N-24
Driveway Detail with Swale ............................................................... N-25
Driveway Flared End Detail ................................................................ N-26
Parking Standards and Table ............................................................... N-27
Figure N-14
Figure N- 15
Handicap Sign and Parking Space Standards ....................................... N-31
Passenger Loading Zones ............. . ............ N-31
SCHEDULE 0
Section 1.0
Section 2.0
Section 2.1
Section 2.2
Section 2.3
Section 2.4
Section 2.5
Section 3.0
Section 3.1
Section 3.2
Section 3.3
Section 4.0
Section 4.1
Section 4.2
Section 4.3
Section 5.0
Section 6.0
Section 7.0
Section 8.0
Section 9.0
Table O-1
Table 0-2
Table 0-3
SCHEDULE P
DRAINAGE, EASEMENTS AND SITE PREPARATION/
EXCAVATION REQUIREMENTS ..........................................-. .... O- 1
General Criteria ................................................................................... O- 1
Specific Design Criteria and Standards .............................................. 0-2
Retention Facilities ................................................................. 0-4
Wet Detention Stormwater Management System ................... 0-6
Detention with Filtration Systems ........................................... 0-9
Underground Exfiltration Trench Systems ............................. ~ ~ ii'
Underdrain Stormwater Management Systems .......................O-14
Roadway Drainage Design .................................................................. O-17
All Roads ................................................................................ O- 17
Rural Section ........................................................................... O- i :~
Urban Section .......................................................................... O-18
Closed Storm Drainage Systems ......................................................... O-19
Storm Sewer Design Criteria .................................................. O-19
Culvert Design Criteria ....................................................................... 0-20
Drainage Pipes and Structures ................................................ 0-20
Open Storm Drainage Systems ........................................................... 0-22
Drainage Structure Material Specifications ........................................ 0-24
Drainage Calculation and Computation Criteria ................................ 0-26
Easements - General ............................................................................ 0-26
Site Preparation, Excavation, Landclearing,
Dredging and Filling ...................................................................... ~ .... 0-27
Rainfall Depths ................ . ........ 0-28
Modified SCS Type II 24 Hour Distribution ...................................... 0-29
Summary of Lake Elevations .............................................................. 0-30
POTABLE WATER, SANITARY SEWER, RECLAIMED
WATER, PIPE, TRENCHING AND BORING AND
vi
SCHEDULES, TABLE OF CONTENT, Continued PAGE
SOLID WASTE DISPOSAL REQUIREMENTS .......................... P-1
Section 1.0
Section 1.1
Section 1.2
Section 1.3
Section 1.3(1)
Section 1.4
Section 2.0
Section 2.1
Section 2.2
Section 2.3
Section 3.0
Section 3.1
Section 3.2
Section 3.3
Section 4.0
Section 4.1
Section 4.2
Section 5.0
Section 5.1
Section 5.2
Section 5.3
Section 5.4
Section 5.5
Section 6.0
Section 6.1
Section 6.2
Section 6.3
Section 7.0
Section 8.0
Water Distribution Systems ................................................................ P-I
General Applicability .............................................................. P- 1
General Design Requirements ................................................ P-1
Material and Installation Standards .............................................. P-2
Testing ..................................................................................... P-7
Disinfecting ............................................................................. P-7.
Sanitary Gravity Sewers ...................................................................... P-8
General Applicability .............................................................. P-8
General Design Requirements ................................................ P-8
Testing ..................................................................................... P- 11
Sanitary Sewage Force Mains ............................................................. P-12
General Applicability .............................................................. ~ P- 12
Design Standards ................................................................ :...P-12
Testing ..................................................................................... P-13
Sewage Pumping Stations ................................................................... P-17
General Applicability .............................................................. P-17
Design Standards .................................................................... P-17
Reclaimed Water System Regulations ................................................ P-20
Location .................................................................................. P-21
General Regulations ................................................................ P-2 i
Design Standards .................................................................... P-23
Irrigation Systems ................................................................... P-24
Testing ..................................................................................... P-25
Pipe Fittings, Valves and Appurtenances ........................................... P-25
Pipe Fittings ............................................................................ P-25
Valves ............................................................................ : ........ P-27
Installation ............................................................................... P-28
Excavation, Trenching and Backfilling .............................................. P-29
Casing Pipe, Boring and Jacking ........................................................ P-32
Figure P- 1
Figure P-2
Figure P-3
Figure P-4
Figure P-5
Water Meter Diagram ......................................................................... P-5
Compound Meter Design .................................................................... P-6
Sewer Force Main Tie-in Detail .......................................................... P-14
Open-Cut Pavement Detail ................................................................. P-30
Ratio of Extreme Flow to Daily Average Flow ..................................... P-35
FORM "A"
FORM "B"
PVC Line Pressure Test Procedure ..................................................... P- 15
Ductile Iron Line Pressure Test Procedure ............................. P-16
SCHEDULE Q
LEVEL OF SERVICE REQUIREMENTS -
AND METHODOLOGIES .............................................................. Q-1
vii
SCHEDULES, TABLE OF CONTENT, Continued
PAGE
Section 1.0
Section 2.0
Section 3.0
Adopted Level of Service Standards ................................................... Q-1
Methodology For Determining Impacts on
Available Capacity .............................................................................. Q-4
Determination of Available Capacity ........................................ . .......... Q-7
SCHEDULE R AIRPORTS AND AIRCRAFT ........................................................ R-I
Section 1.0
Section 2.0
Section 3.0
Section 4.0
Section 5.0
Section 6.0
Section 7.0
Section 8.0
Section 9.0
Section 10.0
Section 11.0
Short Title ..................................................................................... R- 1
Definitions ..................................................................................... R-1
Airport Zoning Map ............................................................................ R-2
Airport Height Zones and Limitations ................................................ R-2
Use Restrictions .................................................................................. R-4
Nonconforming Uses .......................................................................... R-5
Lighting .................................................................................... i R-5
Height Variances and Conditional Uses ........................................ .'.... R-5
Permits ..................................................................................... R-5
Administrative Agency ....................................................................... R-6
Conflicting Regulations ...................................................................... R-6
SCHEDULE S HISTORIC PRESERVATION ........................................................ S-1
Section 1.0
Section 2.0
Section 3.0
Section 4.0
Section
5.0
Section 5.1
Section 6.0
Section 7.0
Section 8.0
Section 9.0
Section 9.1
Purpose ..................................................................................... S-1
Establishment of Historic Districts ..................................................... S-1
Designation of Historic Landmarks .................................................... S-3
Building and/or Altering Historic Structures:
Certificate of Appropriateness ............................................................ S-4
Sign Regulations in the Downtown
Historic District ........................................................................................ S-5
Sidewalk Display ..................................................................................... S-6
Ordinary Maintenance ......................................................................... S-7
Acquisition of Historic Easements ...................................................... S-8
Alteration ora Landmark .................................................................... S-8
Old Sanford District Regulations ........................................................ S-9
Procedures for Old Sanford Historic Area .......................................... S-9
SCHEDULE T AFFORDABLE HOUSING .................................................................. T-1
Section 1.0
Section 2.0
Section 3.0
Section 4.0
Section 5.0
Purpose ..................................................................................................... T- 1
Applicability ............................................................................................. T- 1
Financial Incentives ................................................................................. T- 1
Performance Criteria in Reviewing Affordable Housing ...................... ._..T-2
Monitoring Affordability Requirements .................................................. T-3~
viii
SCHEDULES, TABLE OF CONTENT, Continued PAGE
SCHEDULE U GATEWAY CORRIDOR DEVELOPMENT DISTRICTS ............. U-1
Section 1.0
Section 1.1
Section 1.2
Section 2.0
Section 3.0
Section 4.0
Section 5.0
Section 6.0
Section 7.0
Section 8.0
Exhibit 1
Creation of Gateway Comdor ................................................................. U-1
Purpose ...................................................................................... : ............. U-1
Applicability ............................................................................................ U-2
Building Setbacks ................................................................................... U-2
Street Side Landscape Buffer .................................................................. U-2
Parking .................................................................................................... U-3
Signage .................................................................................................... U-4
Utility Lines ............................................................................................ U-5
Walls ....................................................................................................... U-5
Residential Exempted ............................................................................. U-6
Desirable Vegetation ............................................................................... U-7
ARTICLE II: LAND USE, ZONING, AND PERFORMANCE CRITERIA
SECTION 2.1
ZONING DISTRICTS
Consistent with the City's Comprehensive Plan Future Land Use Map and related policies
(Sec. 1.21, Comprehensive Plan), all land and water areas located within the incorporated
territory of the City of Sanford, Florida, shall be designated for use and development based on
the following Zoning Districts which districts shall be reflected on the Zoning District Map for
the City of Sanford, Florida, by the Zoning District Map symbols set forth below. The term
'zoning district' shall be synonymous with the term 'zoning classification.'
RESIDENTIAL DISTRICTS
SR-1AA
SR-1A
SR-1
SR-2
MR-1
MR-2
Single Family D welling Residential. Which shall identify those areas of the
City of Sanford which are intended for one (1)-family dwellings on ten thousand
(10,000) square foot lots and related accessory uses.
Single Family D welling Residential. Which shall identify those areas of the
City of Sanford which are intended for one-family dwellings on seven thousand
five hundred (7,500) square foot lots and related accessory uses. Where located
on land with a Comprehensive Plan designation of"Low Density Residential," the
gross residential density shall not exceed six (6) units per acre.
Single-Family D welling Residential. Which shall identify those areas of the
City of Sanford which are intended for one-family dwellings on six thousand
(6,000) square foot lots and related accessory uses. Where located on land with a
Comprehensive Plan designation of "Low Density Residential," the residential
density shall not exceed six (6) units per acre.
Mobile Home Residential. Which shall identify those areas of the City of
Sanford which are intended for mobiles homes and related accessory uses.
Maximum gross residential density shall not exceed six (6) units per acre.
Replacement of existing mobile homes on existing mobile home parks and sites of
record, as of the effective date of the Comprehensive Plan, shall be permitted.
Multiple-Family Residential. Which shall identify those areas oftheCityof
Sanford which are intended for multiple-family dwellings at a maximum density
of eight (8) dwelling units per acre and related accessory uses.
Multiple-Family Residential. Which shall identify those areas of the City of
Sanford which are intended for multiple-family dwellings at a maximum density
of I5 dwelling units per acre and related accessory uses except, however, that
multiple-family dwellings located adjacent to single-family dwellings or single-
family zoning districts shall have a maximum density of ten (10) dwelling u~ts
per acre.
12/8/03
MR-3
Multiple-Family Residential. Which shall identify those areas oftheCityof
Sanford which are intended for multiple-family dwellings at a maximum de~,~i _ty
of 20 dwelling units per acre and related accessory uses except, however, that
multiple-family dwellings located adjacent to single-family dwellings or single-
family zoning districts shall have a maximum density of ten (10) dwelling units
per acre.
MULTIPLE FAMILY RESIDENTIAL/OFFICE/INSTITUTIONAL (RMOI) DISTRICT
RMOI
Multiple-Family Residential-Office-Institutional.
The multiple-family Residential/Office/Institutional (RMOI) policy district is a
planned mixed use district designed to accommodate business and
offices as well as high density multiple family residential opportunities and
institutional uses. The allowable maximum residential density shall be ~p to
maximum of twenty (20) units per acre except, however, that
dwellings located adjacent to single-family dwellings or single-family
districts shall have a maximum density of ten (10) dwelling units per acre. The
maximum intensity of nonresidential development measured as a floor area ratio
is .35.
This land u se policy designation district expressly excludes general retail s ales
and services, warehousing, and outside storage. Furthermore, this district is
intended for sites which:
(a)
Have accessibility to major thoroughfares or are located along the outer
fringe of core commercial areas;
Build on the purpose and function of the central business district and Lake
Monroe waterfront;
(c)
(d)
(e)
Encourage reinvestment in declining residential areas adjacent to commer-
cial core areas;
Have potential to be served by a full complement of urban services;
Contain sufficient land area to accommodate good principles of urban
design, including sufficient land area to provide adequate landscaping and
buffers to separate existing as well as potential future adjacent land uses of
differing intensity;
Frequently serve as a transition area which buffers residential uses located
in one area from a nearby area which accommodates uses of a higher
intensity.
12/8/03
1t-2
COMMERCIAL DISTRICTS
RC-1
Restricted Commercial. The RC-I district is intended to implement the
Comprehensive Plan "Neighborhood Commercial ((NC) Future Land Use Map
designation and is intended to serve limited areas that are predominantly
residential in character but which require some supporting neighborhood office
and retail establishments. Property assigned to this district should be a~cessible to
major thoroughfares near residential neighborhoods. The maximum density of
development within the RC-1 district measured as a floor area ratio is .35.erally
restricted to business and professional offices, neighborhood convenience stores
and drug stores, specialty shops, limited item retail shops and services such as
beauty parlors, barber shops, laundry and dry cleaning pick-up stations. The RC-1
district is not intended to accommodate large scale retail sales, service or trade
activities or residential development except for single-family and duplex units
approved as a conditional use.
GC-2
General Commercial. The GC-2 district is intended to implemenf the
Comprehensive Plan "General Commercial" (GC) Future Land Us~ Map
designation. Properties assigned this district should accommodate community-
oriented retail sales and services; highway-oriented sales and services; and other
general commercial activities. The GC-2 district is intended to include the
easterly portion of the First Street business district. The general commercial
designation also is intended to include pre-existing commercial corridor
development along such major thoroughfares as French Avenue, Orlando Drive
(US 17-92), and strategic intersections along Airport Boulevard. The GC-2
district generally shall be located in highly accessible areas adjacent to major
thoroughfares which possess necessary location, site, and market requirements.
The maximum intensity of general commercial development measured as a floor
area ratio is .35.
Transient residential facilities including hotels and motels, or residential care
facilities are permitted uses in this zoning district.
SC-3
Special Commercial. The SC-3 district is intended, in part, to implement the
Comprehensive Plan Waterfront Downtown Business District (WDBD) Future
Land Use Map designation for mixed use residential and general commercial uses
as well as related accessory uses.
The SC-3 district is intended to provide a planning and management framework
for promoting development and redevelopment within the core of the Downtown
Commercial Area, the central business district, including the Lake Monroe
waterfront, the historic downtown commercial area, and its environs as designated
on the Future Land Use Map Series. As such, the parking standards of Schedule H
shall not apply to existing buildings in this district as of the date of adoption of
these revisions to the land development regulations.
In the SC-3 district, the maximum intensity of development measured as a fl6or
area ratio is 2.0 east of U.S. 17/92 and .35 west of U.S. 17/92 for commercial
2/8/03
11-3
development and .50 throughout the district for industrial development. The
maximum density of residential development is fifty (50) units per acre.
INDUSTRIAL DISTRICTS
The following industrial districts are designed to implement the Comprehensive Plan Future
Land Use Map "Industrial" designation. Industrially designated areas are not adaptive to
residential use and as such residential activities shall not be located in areas designated for indus-
trial development. This provision shall not prohibit residences for exclusive use by night
watchmen or custodians whose presence on industrial sites is necessary for security purposes.
RI-I
Restricted Industrial. This district includes areas of the City of Sanford which
are intended for light wholesale and manufacturing uses and related accessory
uses. The maximum intensity for industrial development shall be a floor area
ratio of .50.
MI-2
Medium Industrial. This district includes those areas of the City of Sanford
which are intended for heavy wholesale and manufacturing uses and related
accessory uses. The maximum intensity for industrial development shall be a
floor area ratio of .50.
AGRICULTURAL DISTRICT
AG
Agriculture. The Agricultural (AG) district is intended to implement the
Comprehensive Plan "Suburban Estates" (SE) Future Land Use Map designation.
Residential densities in this zoning district shall not exceed one (1) dwelling unit
per one (1) acre.
PLANNED DEVELOPMENT
PD
Planned Development. Properties assigned the Planned Development zoning
district are intended for residential and nonresidential uses that utilize flexible and
creative site design to achieve a more desirable environment and more efficient
land use.
The planned development land management strategy is a technique for
negotiating innovative development options and a design to achieve public
objectives such as natural resource protection, which might not otherwise be
achieved. In addition, planned development district regulations shall be used to
manage development of industry and commerce in the following major activity
centers: (1) the I-4 High Intensity area; (2) the Westside Industry and Commerce
area; and (3) the Airport Industry and Commerce Center, all of which are
delineated on the Comprehensive Plan Future Land Use Map. The planned
development district regulations shall also manage urban infill projects. The
underlying Comprehensive Plan land use designation shall control the maximum
density/intensity for planned unit development.
12/8/03
11-4
SECTION 2.2
A.
ASSIGNMENT OF ZONING DISTRICTS AND ADOPTION OF
ZONING DISTRICT MAP
Adoption of Zoning District Map. All land and water areas located within the
incorporated territory of the City of Sanford, Florida, are hereby assigned the Zoning
Districts reflected on the Zoning District Map for the City of Sanford, Florida, adopted
incident to and as a part of this Ordinance, a certified copy of which is located in the
Office of the Administrative Official. Changes, amendments and reassignment of
districts thereon shall be made only in accordance with the provisions of or bY
amendment to this Ordinance.
Interpretation of Zoning District Map Boundaries. The following rules shall be used
to interpret the exact location of the Zoning District boundaries reflected on the Zoning
District.
Where a zoning district boundary approximately follows a parcel or property line,
that line is the boundary of the zoning district.
Where a zoning district boundary follows a street or railroad the centerline of the
street or railroad right-of-way is the boundary of the zoning district.
Where a zoning district boundary follows a stream or canal or a lake or other
body of water, the centerline of such stream or canal or the shoreline of such lake
or other body of water is the boundary of the zoning district.
Where a zoning district boundary does not clearly follow any of the features
mentioned above, its exact location on the ground shall be determined by
measurement according t o m ap scale a nd/or legal descriptions of t he land a rea
involved which are filed in the Office of the Administrative Official and related to
the zoning district question.
In any instance in which the exact location of a zoning district boundary is not
clear, the Administrative Official shall apply the criteria herein cited to confirm
the exact location prior to issuing a Site Development Permit or Certificate of
Completion. The applicant may appeal the decision of the Administrative Official
in the manner set forth in this Ordinance.
Unzoned Areas. If any land and/or water area does not appear to have an identifiable or
specific zoning district map symbol reflected on the Zoning District Map, the Planning
and Zoning Commission shall initiate an amendment to the Zoning District Map within
thirty (30) days after notification of such fact in order to establish a zoning district for
such area and no site development permits or certificates of completion shall be issued
for such areas until after t he City Commission h as taken final action o n the proposed
amendment.
Currency of Zoning District Map. The Administrative Official shall ensure that all
zoning district boundaries are accurately reflected on the Zoning District Map.
12/8/03
11-5
SECTION 2.3
PERMITTED LAND USES
Land Use CLassification. For purposes of administration of this Ordinance, the
Administrative Official shall classify existing and future uses of premises based upon the
uses reflected on Schedule A, Land Use Classifications, in accordance with the
definitions contained in this Ordinance.
Permitted Uses For Lots And Tracts. A site development permit and, under appropriate
circumstances, a certificate of completion for individual lots or tracts shall be issued upon
the Administrative Official's determination that the proposed use is one permitted in
Schedule B, Permitted Uses, and that the proposed use of the lot or tract conforms with
all applicable provisions of this Ordinance including the specific requirements established
in Schedule C, Area And Dimension Regulations For Lots And Tracts.
Permitted Uses For Planned Development Projects. A site development permit and,
under appropriate circumstances, a certificate of completion shall be issued upon the
Administrative Official's determination that the uses are ones permitted in Schedule B,
Permitted Use~, that the proposed use conforms with all applicable provisions of this
Ordinance including the specific requirements established in Schedule D, Planned
Development Proiect Regulations and that a planned development project plan and
related supplementary data and material has been submitted, reviewed, approved and
filed in accordance with the provisions of this Ordinance.
Permitted Use For Manufactured Housing. Manufactured housing may be permitted in
all residential districts within the City if the units comply with the following standards:
City's adopted building codes;
State of Florida building standards of Chapter 320 and 553, F.S.;
U.S. Department of Housing and Urban Development Manufactured Home
Construction and Safety Standards of 1974 (i.e., Sec. 320.823, F.S.);
All applicable provisions of the Comprehensive Plan and the land development
regulations.
Affordable Housing. The City of Sanford shall apply generally accepted land use
principles and practices in determining whether to approve sites for affordable
housing specially designed to accommodate low and moderate income households
which are consistent with the Comprehensive Plan, Policy 3-1.1.4, Schedule T,
Affordable Housing of these land development regulations, and all other applicable
land development regulations as herein stated.
SECTION 2.4 ADDITIONAL REQUIREMENTS FOR SPECIFIC USES
Additional requirements and provisions for certain specific uses shall be as set forth in
Schedule E, Additional Requirements and Provisions For Specific Uses.
12/8/03
11-6
SECTION 2.5 GENERAL REQUIREMENTS FOR BUILDINGS,
PARCELS, BUILDING SETBACKS AND YARDS
General requirements for the location and dimension of buildings, parcels, building
setbacks and yards shall be as set forth in Schedule F, General R__equirements Fox
Buildi_~n~s. Parcels, Building Setbacks And Yard5 and Schedule I, Base Buildin Line
_And _Designated Ri~ht-of-Way Line Requirements For Specific Street:;.
SECTION 2.6
REQUIREMENTS FOR VEHICULAR ACCESS, PARKING,
LOADING AND SERVICE AREAS
Requirements for vehicular access, parking and related matters shall be as set forth in
Schedule G, .Requirements For Vehicles And Designated Right-of-Way, and Schedule H,
Minimum Automobile Off-Street Parking Space Requiremenl:~.
SECTION 2.7 LANDSCAPE, LAND USE COMPATIBILITY
REQUIREMENTS FOR SETBACKS, BUFFERS AND
VISUAL SCREENS AND TREE PROTECTION
Landscape requirements, land use compatibility requirements for specific uses and
zoning districts that abut certain specific uses and zoning districts and tree protection and
tree preservation requirements shall be as set forth in Schedule J, Landscape, Buffer and
Tree Requirements. ..
SECTION 2.8 NONCONFORMING LAND USE PROVISIONS
The requirements and limitations respecting the use of existing nonconforming structures
and uses, nonconforming signs, nonconforming designated planned development
projects, proposed nonconforming buildings and existing undeveloped nonconforming
parcels of record shall be as set forth in Schedule L, Nonconforming Land Use
Provisions.
SECTION 2.9 SIGNS
Requirements for signs shall be as set forth in Schedule K, ~.
SECTION 2.10 ENVIRONMENTALLY SENSITIVE AREAS
Requirements and limitations respecting the use of land and/or water areas designated as
wetlands, flood hazard areas, wellfield protection zones, aquifer recharge areas,
floodways, upland wildlife habitats and soil limitations shall be set forth in Schedule M,
Environmentally Sens tive~Lands
12/8/03
Il-7
Environmentally sensitive areas are generally identified on the Future Land Use Map as
Resource Protection (RP) land use designation. Prior to the issuance of a development
order or development permit of whatsoever nature, each applicant must demonstrate, to
the satisfaction of the City, compliance with all applicable Federal, State, regional and
other applicable laws, rules and regulations.
SECTION 2.11 CONSTRUCTION AND DESIGN STANDARDS
Requirements respecting the design and construction specifications for streets, drainage,
paving, utilities and other similar and/or related required improvements and activities
shall be as set forth in Schedule N, Subdivisions, Streets, Lot and Tract Design and
Paving Requirements, Schedule O, Drainage, Easements and Site Preparation/Excavation
Requirements and Schedule P, Utilities Standards and Specifications.
SECTION 2.12 HISTORIC LANDMARKS AND HISTORIC DISTRICTS
Requirements for the preservation of historic structures and landmarks and historic
districts shall be as set forth in Schedule S, Historic Preservation.
SECTION 2.13 AIRPORTS AND AIRCRAFT
Requirements for land uses and activities within the airport zoning district as set forth in
Schedule R, Airports and Aircraft.
The horizontal and vertical limits beyond which the projection of any structure or tree
will constitute an airport hazard are identified on the Airport Height Zoning Map on file
in the Department of Engineering and Planning.
SECTION 2.14 CONCURRENCY MANAGEMENT
Procedures required for concurrency management are included in Article VIII,
Concurrency Procedures and adopted level of service standards and a description of
methodologies are included in Schedule Q, Level of Service Requirements and
Methodologies.
SECTION 2.15 GATEWAY CORRIDOR DEVELOPMENT DISTRICTS
Requirements for Gateway Corridor Development standards shall be set forth in Schedule
U, Gateway Corridor Development Districts.
12/8/03
11-8
ARTICLE XI: GLOSSARY
Unless the context otherwise provides, in this Ordinance, words used in the present tense
shall include the future, and the singular shall include the plural. The word shall is
mandatory and may is permissive.
SECTION 11.1 DEFINITIONS, GENERAL
The words defined below are words which have special or limited meanings as used in this
Ordinance and as used in the Ordinance:
Accessway - means a private traffic-carrying way set aside for vehicular traffic primarily serving
only one premise or planned development project, including private driveways, entrances or exit-
ways and similar private vehicular access, located on the parcel served thereby.
Administrative Official - means the person appointed by the City Manager who is responsible
for the overall administration and enforcement of this Ordinance or his duly authorized
representative.
Altered or Alteration - means any change or addition to the load bearing members or the
foundation of a structure or any change or addition which increases the size of a structure or a
building area.
Base Building Line - means a line drown parallel to the centerline of the existing or proposed
street right-of-way at the interior boundary of the designated right-of-way and/or minimum
building setback required by this Ordinance.
Basement - means a story which has at least fifty-one (51) percent or more of its outside surface
area on o ne (1) or more exterior walls located below finished grade and i s used for storage,
parking, mechanical equipment or other accessory use rather than for the principal use of the
premises.
Board of Adjustment - means the Board of Adjustment authorized by Section 7.05 Article VII
of the charter of the City of Sanford, Florida.
Breezeway - means an outdoor covered pedestrian walkway.
Building - means any structure which encloses space for occupancy by persons or their
activities.
Building Area - means the building area of land measured on a horizontal plane at the base of
each building and accessory building and including any a rea o f I and covered b y breezeways,
porte-cocheres, outdoor covered patio areas at finished grade, carports, garages or other off-street
parking structures. The term building area shall not, however, include uncovered entrance
platforms, terraces or steps.
12/8/03
Xl-I
Building Height - means the vertical distance measured from the mean finished grade at the
front building line to the highest point of the building.
Building Line - means a line drawn parallel to the front parcel line and tangent to the nearest
part of the principal building and extending from parcel line to parcel line.
Building Permit - means a valid permit issued by appropriate authority under the provisions of
the City of Sanford Building Code.
Building Setback - means the same as, and shall be interchangeable with, the term yard.
Certificate of Completion - means the certificate issued by appropriate authority under the
provisions of this Ordinance, which authorizes the use ora structure or premises and is required
prior to such use.
City - means the City of Sanford, Florida.
City Clerk - means the City Clerk established by Section 2.08, Article II of the Charter of the
City of Sanford, Florida.
City Commission - means the City Commission established by Article II of the Charter of the
City of Sanford, Florida.
Conditional Use - means a use which would not be appropriate generally and which could
impair the integrity and character of the specific area in which it is located or adjoining areas
unless restrictions or conditions on location, size, extent, character and time of performance are
imposed in addition to those specifically imposed by this Ordinance.
Conditional Use Permit - means the permit issued by appropriate authority in accordance with
the provisions of this Ordinance which authorizes a conditional use and is required prior to
issuance of a site development permit or certificate of completion for the premises.
Contractor - means the person, firm or corporation authorized by the owner or developer to
undertake any construction, installation and/or maintenance activities defined in this Ordinance.
County Clerk - means the Clerk of the Circuit Court of Seminole County, Florida.
Density, Residential - The number of residential units permitted per land area. Density is
determined by dividing the number of units by the total area of land within the boundaries of a
lot or parcel not including dedicated rights-of-way, flood-prone, preservation, wetlands and
undevelopable areas. For any given lot or parcel, one residential unit may be transferred from
within the 100 year flood zone to an area of the lot or parcel not within the 100 year flood zone
provided that the area within the 100 year flood zone is at least one acre in size. In determining
the number of residential dwelling units to be permitted on a specific parcel of land, a fractional
unit shall not entitle the applicant to an additional unit.
12/8/03
XI-2
Department of Planning and Community Development - means the Department of Planning
and Community Development for the City of Sanford, Florida.
Developer - means the owner or the owner's authorized agent undertaking any use or activity
defined in this Ordinance.
Dimensional Variance - means a departure from certain of the requirements of this Ordinance
permitted, in accordance with the terms of this Ordinance.
Finished Grade - means the top surface elevation of lawns, accessways, walkways or other
improved surfaces after completion of construction or grading operations.
Floor Area (GFA) - The sum of the horizontal areas of the stories of a building or buildings,
measured from the exterior faces of exterior walls or fi.om the centerlines of walls which separate
buildings. Included within such sum shall be the areas of all stories, including those areas which
are not heated or air-conditioned, storage areas, interior balconies and mezzanines, and any other
space reasonably usable for any purpose except parking,
Floor Area Ratio - means ratio of the floor area to gross land area.
Hazardous Use - means a use which is identified in the text of this Ordinance, including any
schedule, as being hazardous and subject to the hazardous use regulations.
Land Area - means the total area of land contained within the lot, tract or project boundary lines
not including dedicated rights-of-way, wetlands and undevelopable areas such as flood plains.
Living Area - means the total floor area of a dwelling unit made suitable for human habitation
excluding: garages; carports; areas that are not wholly enclosed such as screen rooms; common
corridors, hallways or exits provided for access or vertical travel between multiple-family
dwelling units; any utility room or storage area that is within the principal structure.
Lot - means a unit of land located within a platted subdivision and which is occupied by, or to be
occupied by, one principal building and its accessory buildings, and including the open spaces,
yards and buffer strips required by this Ordinance.
Lot Area ~ The total area of land contained within the lot lines.
Lot Line - A boundary dividing a lot from a right-of-way, adjoining lot, or other
adjoining tract of land.
Front Lot Line - The lot line abutting a street right-of-way line.
Rear Lot Line - The lot line opposite the front lot line.
Side Lot Line - Lot lines other than the front or rear lot lines.
12/8/03
XI-3
C. Lot Depth - The dimension of a lot measured perpendicular to the front lot line and
tangent to the nearest part of the rear lot line.
D. Corner Lot - A lot which abuts on two or more intersecting streets at their intersection.
E. Double Frontage Lot - Any lot other than a comer lot which abuts on two streets.
F. Lot of Record - A lot whose location and dimensions may be ascertained by reference to
a plat duly recorded in the plat books in the office of the County Clerk on the effective
date of this Ordinance.
Nonconforming Parcel - An undeveloped lot of record or tract of record the location or
dimensions of which do not conform with all of the provisions of this Ordinance respecting a
proposed use thereof.
12/8/03
XI-4
Nonconforming Structure or Use - A stmcture or use lawfully existing on the effective date of
this Ordinance, or an amendment thereto, which does not conform with all of the provisions of
this Ordinance respecting such structure of use.
Nonhazardous Use - means a use which is identified in the text of this Ordinance, including any
schedule, as being nonhazardous and subject to the nonhazardous use regulations.
Occupant - the person, persons or family in actual possession of the premises regardless of
ownership of the premises.
Open Space - any portion of a parcel which is open and unobstructed from the ground to the
sky, including areas maintained in a natural and undisturbed character and areas which are
permeable in nature. Open space shall not include water areas below the control water elevation,
or areas covered with buildings, sidewalks, pools, decks and patios, paved parking areas, drives
or other paved areas. If open space is not maintained in a natural and undisturbed state, it shall
be maintained as a landscaped or sodded area.
Ordinary High Water Mark - means the line at which the upland stops and the water begins.
Own - means to hold legal or equitable title to a parcel of real property evidenced by instrument
of conveyance lawfully recorded in the office of the County Clerk.
Owner - means the person, finn or corporation that holds legal or equitable title to a parcel of
real property as evidenced by instrument of lawful conveyance.
Parcel - means a lot or tract as defined by this Ordinance.
Plan - means a map or chart of a parcel of land or property which is drawn to scale and shows
the existing or proposed location of boundary lines, buildings, structures, uses or any other
required data or information.
Planned Development Project - means a complex of structures and uses planned as an integral
unit of development having Common open spaces, yards, building setbacks and buffer strips and
approved in accordance with the provisions of this Ordinance.
Planned Development Project Plan - A plan approved in accordance with the requirements of
this Ordinance for planned development projects or, with respect to planned development
projects so designated on the Zoning District Map for the City of Sanford, Florida, upon initial
adoption of this Ordinance, the plan of such planned development project filed in the Office of
the Administrative Official on the effective date of this Ordinance.
Planning and Zoning Commission - means the City of Sanford Planning and Zoning
Commission established by Art/cie VII of the Charter of the City of Sanford, Florida.
Platted Subdivision - means a subdivision plat which is duly recorded in the Plat Books in the
Office of the County Clerk
12/8/03
XI-5
Porte Cocheres - means an outdoor covered vehicular driveway at finished grade leading to the
pedestrian entrance of a building which is neither designed for nor includes any space for
vehicular off-street parking.
Premises - means a parcel of land under unified ownership and all the structures on it.
Principal Building - means the building in which is conducted the principal use of the parcel in
which it is situated.
Property Line - means the boundary of a parcel of real property under ownership as evidenced
by an instrument or instruments of conveyance lawfully recorded in the Office of the County
Clerk.
Required Project Improvements - means all of the improvements required by the provisions of
this Ordinance for a p articular type o f I and u se o r zoning district, including a ny buffer s trip,
screening or other project improvement required as a special condition or otherwise stipulated in
conjunction with any official action approving such development. Project improvements
proposed by the.applicant and stipulated as improvements to be completed prior to any required
final approval shall also be considered as required project improvements.
Road - The term road shall mean the same and be interchangeable with the term street.
Sign - See Schedule K, Sign Regulations.
Site Development Permit - means the permit issued by appropriate authority under the
provisions of this Ordinance, usually in conjunction with a building permit which authorizes the
construction or alteration of a structure, and is required prior to such construction or alteration.
Story - means that portion of a building between a floor and the next floor above, or if there is
no next floor, the ceiling above.
Street - means a right-of-way for vehicular traffic regardless of size or designation, but
excluding accessways. The term "street" shall specifically include only the following right-of-
way:
A. A right-of-way of the State Highway, County Road System or City Road System.
B. An unvacated fight-of-way in a planed subdivision.
C. A right-of-way conveyed to and accepted by the City Commission by deed recorded in
the Office of the County Clerk prior to the effective date of the Ordinance.
D. A fight-of-way established by maintenance under the provisions of Florida Statutes.
E. A right-of-way, a deed for which is accepted by vote of the City Commission and duly
recorded in the Office of the County Clerk.
12/8/03
XI-6
F. An easement or fight-of-way for access, the location, dimensions and terminal points of
which are defined in a judgment entered by a court of competent jurisdiction.
G. A private easement or right-of-way serving more than one parcel of record, existing prior
to the effective date of this Ordinance by issuance, prior to adoption of this Ordinance, of
a building permit or permits for parcels for which such easement is the sole access.
H. A road existing prior to the effective date of this Ordinance for which there is no formal
fight-of-way established of record but which was recognized as a prescriptive public
easement prior to the adoption of this Ordinance by issuance of a building permit or
permits for parcels for which such easement is the sole access.
Structure - means any combination of materials fabricated to fulfill a function in a fixed
location on a parcel of land including buildings and signs.
Subdivision Plat - means a plat for the subdivision of land approved in accordance with the City
of Sanford's Subdivision Regulations or the Seminole County Subdivision Regulations if-platted
prior to incorporation into the City of Sanford, Florida.
Substantial Progress - The term "substantial progress relating to the construction of any
structure or the installation of any required project improvements shall mean that binding
contracts for such construction or installation have been let, or, in the absence of such contracts,
that the construction of such structure or installation of such improvements has progressed to a
conclusive degree or that prerequisite conditions involving significant investment shall be
completed. When construction is not a part of the use, substantial progress shall mean that the
use is in operation in compliance with the conditions, stipulations and regulations governing such
use.
Tract o means a unit of land other than a lot which is occupied by, or to be occupied by, one
principal building and its accessory buildings and including the open spaces, building setbacks,
buffers and other improvements required by this Ordinance. A tract may consist of one, or more,
or portions of a tract of record.
Tract Area - The total area of land contained within the tract lines.
Tract Line - A boundary dividing a tract, right-of-way, adjoining tract, or other adjoining
parcel of land.
1. Front Tract Line - The tract line abutting a road fight-of-way line.
2. Rear Tract Line - The tract line opposite the front tract line.
3. Side Tract Line - Tract lines other than the front or rear line.
Tract Depth - The dimension of a tract measured perpendicular to the front tract line and
tangent to the nearest part of the rear tract line.
12/8/03
XI-7
Corner Tract - A tract which abuts on two or more intersecting roads at their
intersection.
E. Double Frontage Tract ~ Any tract other than a comer tract which abuts on two roads.
Tract of Record - A tract the location and dimensions of which are gpecifically
described as a discrete parcel in a deed, contract for deed or other instrument of
conveyance duly recorded in the office of the County Clerk prior to the effective date of
this Ordinance.
Use - means the activities which take place on any land or premises and, when appropriate, the
structures located thereon and designed for those activities.
Vacate or Vacation - when used with reference to the plat of a subdivision means the
procedures for vacation and annulment of plats provided in Chapter 177, Florida Statutes.
Variance - means a departure from certain of the requirements of this Ordinance permitted in
accordance with the terms of this Ordinance.
Yard - means the land area surrounding the principal building on any parcel which is neither
occupied or obstructed by a portion of the principal building from the finished grade to the sky or
below the finished grade except where such occupancy, obstruction or encroachment is
specifically permitted by this Ordinance.
Front Yard - That portion of the yard extending the full width of the parcel and
measured between the front parcel line and a parallel line tangent to the nearest part of
the principal building.
Rear Yard - That portion of the yard extending the full width of the parcel and measured
between the rear parcel line and a parallel line tangent to the nearest part of the principal
building.
Side Yard - Those portions of the yard extending from the required from yard to the
required rear yard and measured between the side parcel lines and parallel lines tangent to
the nearest part of the principal building.
SECTION 11.2 DEFINITIONS, LAND USE
The words and phrases defined below have special or limited meaning as used in this Ordinance
and, as used in this Ordinance, shall mean:
Accessory Building - a detached building, including ca~ports, the use of which is customarily
clearly incidental and subordinate to that of the principal building and use located on the same
parcel with such accessory building.
l 2/8/03
XI-8
Accessory Dwelling Unit - one (1) dwelling unit contained within the principal building located
on the premises and occupied by the owner, relative of the owner-occupant, caretaker or
watchman employed on the premises.
Accessory Occupation - an occupation or activity which may be compatibly conducted and
maintained within a dwelling unit and/or an accessory building to a one-family dwelling.
Accessory Residential Structure - one (1) one-family dwelling located on the premises in
addition to the principal building and occupied by the owner, relative of the owner-occupant,
caretaker or watchman employed on the premises.
Accessory Use - a use customarily and clearly incidental and subordinate to the principal use of
the premises.
Adult Arcade Amusement Center - means an arcade or other similar entertainment enterprise
or business at which electronic, mechanical, computer or other similar games of amusement,
chance or skill are played, whether for consideration or not. The presence of games or gaming
devices that are similar to, or in the nature of, slot machines shall result in a rebuttable
presumption that the enterprise or business at which such machines are located is an adult arcade
or amusement center. Adult arcades or amusement centers shall be referred to herein fi.om time-
to-time as "the enterprise or business".
Adult Performance Establishment - any use that is defined as an Adult Performance
Establishment as set forth in Ordinance No. 3185, entitled "The City of Sanford Adult
Entertainment Regulations."
Agricultural Building - any agricultural building accessory to the principal permitted farming,
forestry, horticultural nursery farm, livestock, poultry or mining use of the land. The term
agricultural building specifically includes greenhouses, frame houses, cloth houses, lath houses
and/or similar sheathing type structures accessory to horticultural nursery farm products.
Agricultural Processing Establishment - a premises, or portion of a premises, occupied by an
establishment primarily engaged in the processing of agricultural product for sale, resale or other
processing charge normally for the wholesale market, for inter-establishment transfer, or to order
for other processors, rather than for direct retail sale to the domestic consumer. Processing refers
to the mechanical or chemical transformation of agricultural products into new products and they
include the use of material handling equipment and related storage facilities. Agricultural
processing includes t he assembling o f component p arts of processed products if the resulting
new product is neither a structure nor other fixed improvement. The final product of agricultural
processing may be finished in the sense that it is ready for utilization or consumption, or it may
be semi-finished to become a raw material for an establishment engaged in further processing.
Processing also includes the making, packaging, crating, shipping or any other similar activity
that results in this part of the creating or changing the form of agricultural products including any
major specialized
cleaning or reconditioning operation or any other similar major original or restorative treatment.
12/8/03
XI-9
Aircraft Sales - a premises, or portion of a premises, occupied by an establishment primarily
engaged in the retail selling of new and/or used aircraft, related new parts and accessories
directly to ultimate consumers and not for resale. Aircraft sales establishments may include
repair departments provided such repair departments are incidental and accessory to the principal
retail selling of aircraft and related aircraft accessories.
Animal Raising - The housing, penning, caging, boarding, keeping, training and/or raising of the
following animals in the specified number(s) when such animals have reached the specified age
as measured from birth: 4 or more dogs of four (4) months; 4 or more cats of four (4) months; 3
or more rabbits of 10 weeks; one of more rare animals of 10 weeks; one or more other specialty
animals at 8 weeks.
Auction Sales Establishment - a premises, or portion of a premises, occupied by an
establishment primarily engaged in the selling of merchandise, goods and other items by means
of auctioneer or other similar process of bidding on a routine or otherwise regularly schedule
basis.
Automobile and Truck Accessory Sales and Installation - a premises, or portion of a
premises, occupied by an establishment primarily engaged in the retail selling and installation of
automobile tires, batteries and other automobile and track parts and accessories directly to
ultimate consumers and not for resale. Automobile and track accessory sales establishments
includes installation of the automotive accessories sold on the premises provided such activities
are incidental and accessory to the principal retail selling of tires, batteries and automotive
accessories.
Automobile and Truck Rental - a premises, or portion of a premises, occupied by an
establishment primarily engaged in renting or leasing passenger automobiles and/or trucks
without drivers, as well as nonmotorized hauling trailers intended to meet the needs of ultimate
consumers. Automobile and truck rental establishments may include maintenance facilities
provided such maintenance facilities are designed for and incidental to the principal renting or
leasing of passenger automobiles, trucks and nonmotorized hauling trailers.
Automobile and Truck Repair - a premises, or portion of a premises, occupied by an
establishment on which a person, or persons, practice a vocation or occupation that performs a
type of labor, act or work, that primarily results in the fixing and repair of automobiles and
trucks intended for and directly incidental to the needs of ultimate consumers normally for a fee
or charge.
Automobile and Truck Service - a premises, or portion of a premises, occupied by one or more
of the following:
Automobile Parking Establishment - a facility primarily used in providing commercial
parking facilities on open air lots and/or structures for relatively short periods of time
directly to meet the needs of ultimate consumers normally for a fee or charge.
Automobile Cleaning Establishment - a facility primarily engaged in furnishing
automobile xvashing, waxing, polishing, detailing and/or similar services except repairs,
12/8/03
XI-10 _
intended for and directly incidental to the needs of ultimate consumers normally for a fee
or charge.
Gasoline Service Station - an establishment primarily engaged in the retail selling of
gasoline and lubricating oils directly to ultimate consumers and not for resale. Gasoline
service stations may include the retail selling or minor automotive accessories, the
performing of minor automotive repair work and the renting of small nonmotorized
hauling trailers and/or trucks without drivers provided such activities are incidental and
accessory to the principal retail selling of gasoline and lubricating oils,
Automobile Rental Office - a premises, or portion of a premises, occupied by an establistunent
primarily engaged in renting or leasing passenger automobiles without drivers intended to meet
the needs of ultimate consumers. Automobile rental offices do not include nonmotorized hauling
trailer or truck rental or leasing or maintenance facilities. In addition, the maximum number of
rental automobiles that may be stored or parked on the premises at any one time shall not exceed
ten (I0) such automobiles.
Automotive Dealer Sales - a premises, or portion ora premises, occupied by one or mor; of the
following:
Automobile and Truck Sales - an establishment primarily engaged in the retail selling
of new and/or used automobiles and tracks and related new parts and accessories directly
to ultimate consumers and not for resale. Automobile and truck sales establishments may
include repair departments provided such repair departments are incidental and accessory
to the principal retail selling of automobiles and trucks.
Boat Sales - an establishment primarily engaged in the retail selling of new and/or used
boats, motors and related new parts and accessories directly to ultimate consumers and
not for resale. Boat sales establishments may include repair departments provided such
repair departments are incidental and accessory to the principal retail selling of boats,
motors and related marine accessories.
Farm Equipment Sales - an establishment primarily engaged in the retail selling of new
and/or used farm tractors, equipment and machinery directly to ultimate consumers and
not for resale. Farm equipment sales establishments may include repair departments
provided such repair departments are incidental and accessory to the principal retail
selling of farm tractors, equipment and machinery.
Major Equipment Sales - an establishment primarily engaged in the retail selling of new
and/or used road building equipment, construction equipment, industrial equipment and
related large equipment and major machinery and related new parts and accessories and
not for resale. Major equipment sale establishments may include repair departments if
such department are incidental and accessory to the principal retail selling of large
equipment and major machinery.
E. Mobile Home Sales - an establishment primarily engaged in the retail selling o fnew
and/or used mobile homes and related accessories directly to ultimate consumers on the
12/8/03
XI-II
premises and not for resale. Mobile home sales establishments may include maintenance
facilities provided such maintenance facilities are incidental and accessory to the
principal retail selling of mobile homes.
Travel Trailer Sales - an establishment primarily engaged in the retail selling of new
and/or used travel trailers and related new parts and accessories directly to ultimate con-
sumers and not for resale. Travel trailer sales establishments may include maintenance
facilities provided such maintenance facilities are incidental and accessory to the
principal retail selling of travel trailers.
Automotive Specialty Sales - an establishment engaged primarily in the retail selling of
new and/or used motorbikes, motorcycles and similar automotive product specialties and
related new parts and accessories directly to ultimate consumers and not for resale.
Automotive specialty sales establishments may include repair departments provided such
repair departments are incidental and accessory to the principal retail selling of
motorbikes, motorcycles and similar automotive product specialties.
Bedroom - a single room for living purposes without cooking or other amenities that is located
within a dwelling unit. Such a room is generally intended and designed to be utilized for human
slumber. A bedroom shall not be construed to mean a sleeping room, sleeping unit or dwelling
unit.
Boarding House - is a term which includes the following:
Lodging House - a building in which up to four sleeping rooms are provided for
occupancy by persons with or without meals for compensation. A lodging house may
include living quarters containing independent cooking facilities designed for the resident
manager only.
Rooming House - a building, or portion of a building, in which five or more sleeping
rooms are provided for occupancy by persons with or without meals for compensation. A
rooming house may include living quarters containing independent cooking facilities
designed for the resident manager only.
Dormitory, Fraternity or Sorority House - a building in which sleeping rooms are
provided for occupancy by, and maintained as a place of residence exclusively for
students affiliated with an academic or professional college or university, with or without
meals, and when approved and regulated by such institution. A dormitory, fraternity or
sorority house may include living quarters containing independent cooking facilities
designed for the resident manager only.
Bed and Breakfast - a building in which up to four sleeping rooms are provided for
occupancy by persons with limited meals for compensation. A bed and breakfast may
include living quarters containing independent cooking facilities designed for the resident
manager only.
12/8/03
XI 12
Boat Livery - a premises, or portion of a premises, where boats, boat motors, minor repair and
maintenance of boats and boat motors and small boat hauling or launching facilities are provided
and includes marinas.
Boat Yards and Ways - a premises, or portion of a premises, where facilities for the
construction, reconstruction, major repair, maintenance and/or sale of boats, marine engines,
equipment and services of all kinds are provided including marine railways, lifting or launching
services, boat liveries and marinas.
Borrow Pit - Extraction of minerals; Quarrying of sand gravel, rock peat or other material below
grade; Processing activities including washing, crushing, storing, distributing and activities of a
similar nature.
Business and Professional Office - a building, or portion of a building, occupied by an
establishment in which a person, or persons, practice a particular kind of occupation requiring
specialized knowledge and often a long and intensive preparation that primarily results.in a
specialized aid, assistance or action directly or indirectly to the needs of individuals, clients or
persons engaged in commerce or industry normally for a fee or charge.,
Business Training School - a building, or portion of a building, occupied by an establishment
primarily engaged in furnishing nonacademic instruction and trade courses normally for a fee or
charge.
Cemetery - a premises, or portion of a premises, occupied by an establishment whose primary
function is t o provide burial p laces o r g rounds. T he term cemetery includes burial places o r
grounds for pet animals such as dogs, cats, rabbits, hamsters or other small animals, birds or
reptiles but does not include livestock.
Central Sewage Treatment Facilities- a premises, or portion of a premises, occupied by a
structure designed for the treatment of sewage and intended to serve more than one tract, platted
subdivision or planned development project.
Central Water Treatment Facilities - a premises, or portion of a premises, occupied by a
structure designed for the treatment of water and intended to serve more than one tract, platted
subdivision or planned development project.
Church - a premises, or portion of a premises, occupied by a religious organization operated
primarily for worship and related activities. The term church does not include day care facilities
or educational facilities.
Commercial Amusements - a premises, or portion of a premises, occupied by an establishment
whose primary function is to provide profit oriented amusements and is engaged in the
commercial operation of sports and recreational services normally on payment of a fee or
admission charge. Commercial amusement establishments include commercial marinas, boat
liveries and bingo parlors but does not include motion pictnre theaters, adult performance
establishments or temporary commercial amusements.
12/8/03
XI-[3
Community Residential Home - A dwelling unit licensed to serve clients of the Department of
Health and Rehabilitative Services, as covered in Chapter 419 of the Florida Statues, which
provides a living environment for one (1) to six (6) or for seven (7) to fourteen (14) unrelated
residents who operate as the functional equivalent of a family, including such supervision and
care by supportive staff as may be necessary to meet the physical, emotional, and social needs of
the residents. As used in this definition Resident means any aged person; physically 'disabled or
handicapped person; developmentally disabled person; nondangerous mentally ill person; or
child as defined in the Florida Statutes.
Cultural Facility - a premises, or portion of a premises, occupied b y such establishments as
museums, art galleries and arboreta, botanical and zoological gardens.
Day Care Facility - a premises, or portion of a premises, occupied by person or establishment
licensed to provide day care and related services to unrelated individuals for periods of time less
than twenty-four (24) hours. Day care facilities may include living quarters containing a kitchen
located within the principal building and designed for the resident family, owner, caretaker or
watchman employed on the premises.
Domestic and Business Service - a premises, or portion of a premises, occupied by an
establishment in which a person or persons, practice a vocation that performs a type of labor, act
or work, that results primarily in a specialized aid or assistance intended and directly incidental
to the customer's domestic or business operations normally for a fee or charge.
Drive-In Restaurant - an eating and drinking establishment designed to provide for the quick,
efficient and convenient ordering and dispensing of food and/or beverages to automobile
oriented customers. Such establishments normally specialize in carry-out purchases which may
be consumed on the promises, within automobiles or off the premises entirely. Off-street
parking, automobile access to the premises and automobile drive-through window service or
similar in-car service facilities normally constitute a major service factor in the function of the
establishment.
Dwelling - a building containing o ne o r m ore d welling u nits e ach o f which provides shelter,
sanitation and the amenities for permanent human habitation. A dwelling does not include
hotels, motels, boarding houses, day care facilities, residential care facilities, mobile homes,
travel trailers or any temporary lodging, boarding or rooming building or structure designed for
transient residence.
Dwelling Unit - the living accommodations designed for one family. A dwelling unit shall not
be construed to mean a sleeping unit.
Eating a nd Drinking Establishment - a building, or portion of a building, occupied by an
establishment in which a person, or persons, practice a vocation that performs a type of labor, act
or work, that primarily results in the preparation and retail sale of food and/or beverages directly
to ultimate consumers and not for resale.
12/8/03
XI-14
Education Facilities - a building, or portion of a building occupied by an establishment
primarily engaged in furnishing accredited academic courses and/or technical instruction.
Educational facilities include Grade K through post graduate and vocational educational courses.
Efficiency ~ a multiple-family dwelling unit consisting of not more than one habitable room
together with cooking and sanitary facilities. An efficiency shall not be construed to mean a
sleeping unit, bedroom or sleeping room.
Family - one person, or group of two or more persons occupying a dwelling unit as a separate
and independent housekeeping unit with a single set of culinary facilities. The persons thus
constituting a family may also include gratuitous guests and domestic servants. Unless all
persons are related by blood, marriage, adoption or foster care responsibility, no such family
shall contain over five persons.
Farming - a premises, or portion of a premises, occupied by an establishment primarily having
as the principal purpose of business the production for sale of field crops, fruit, tree nuts and/or
vegetables.
Farming Service Establishment - a premises, or portion of a premises, occupied by an
establishment in which a person or persons, practice a vocation that performs a type of labor, act
of work, o IT the premises t hat primarily results in a variety o f farming services such as c top
dusting, vegetable and fruit packing, harvesting, plowing and similar operations on a given
farming premises normally on a contract basis or for a fee or charge.
Fishery - a premises, or portion of a premises, occupied by an establishment primarily engaged
in commercial fishing and the operation of fish hatcheries or fishing preserves.
Forestry - a premises, or portion of a premises, occupied by an establishment primarily engaged
in the commercial operation of timber tracts, forest nurseries and related activities such as
reforestation services and the gathering of gums, barks, needles, sap, Spanish moss and other
forest products.
Forestry Service Establishment - a premises, or portion of a premises occupied by an
establishment in which a person, or persons, practice a vocation or occupation that performs a
type of labor, act or work, off the premises that primarily results in services related to timber
production, wood technology, forestry economics and marketing, and other forestry services
such as fire fighting, reforestation and similar operations on a given forestry premises normally
on a contract basis for a fee charge.
Funeral Home And/Or Crematory - a building or portion of a building occupied by an
establishment primarily engaged in preparing the dead for burial, conducting funerals 'and/or
cremating the dead and may include emergency ambulance service.
Government Owned Use - any land, building, structure, use or activity that is owned and
operated by the City, County, State or Federal Government or legally empowered special
governmental district and is necessary to the conduct of government, the furnishing of public
services or of an institutional character and over which such governments exercise direct a-nd
complete control. Government owned uses are subject to the same requirements as
12/8/03
XI-15
nongovemment owned uses of the same type except as otherwise provided for in the Ordinance.
Government owned uses for which there is no similar nongovemment owned use shall be
permitted in any zoning district subject to approval by the City Commission after due public
notice as required for in the provisions of this Ordinance for amendments to the Zoning District
Map.
Hazardous - manufacturing and/or wholesale and storage that include uses and/or activities
involving explosive, radioactive, corrosive, toxic, combustible or flammable materials or wastes,
incinerators or furnaces, fertilizer and petroleum products of any kind.
Health Club - An establishment, including saunas and steam baths, offering facilities for, and
instruction in, general health, physical fitness, and controlled exercises such as weight lifting,
calisthenics and aerobics.
Home Occupation - an occupation or activity which may be compatibly conducted by the
occupant and maintained within a dwelling unit. Such activities shall be incidental to the prin-
cipal residential use of the premises.
Horticultural Nursery Farm - a premises, or portion of a premises, occupied by an
establishment primarily having as the principal purpose of business the production of
horticultural specialty products for the purpose of nonretail sales in bulk quantities to persons
who intend resale of the products so bought. Horticultural nursery farms do not include
landscaping service establishments or horticultural nursery sales.
Hospital/Medical Clinic - a building, or portion of a building, occupied by an establishment
primarily engaged in providing health and mental in-patient facilities, in which medical or
surgical services are a main function and may include emergency ambulance and rescue service.
Hotel - a building, or portion of a building, containing sleeping units which have no cooking
facilities or other amenities for separate and independent housekeeping purposes and are
occupied on a daily or short term basis. A hotel may include living quarters containing
independent cooking facilities designed for the resident manager only and/or restaurant facilities.
Indoor - that which is within a wholly enclosed building.
Junk Yard - a premises, or portion of a premises, occupied by an establishment primarily
engaged in the accumulation, storage and/or processing of discarded or leftover materials which
are no longer of enough value or effectiveness to be retained in their original condition and
includes articles or parts which have been discarded and are intended for permanent
dismantlement and/or destruction.
Junk yards may include the selling of various articles, parts and/or materials salvaged as a result
of the junk yard operation provided, however, that such sales shall be incidental and accessory to
the principal accumulation, storage and/or processing of discarded or leftover materials, articles
or parts which have been discarded and are intended for permanent dismantlement and/or
destruction.
12/8/03
Xl-16
Laundry And Dry Cleaning Plant - a building, or portion of a building occupied by an
establishment primarily engaged in the commercial operation of mechanical laundries with steam
or other power normally for a fee or charge or establishments supplying laundered items on a
contract basis when laundry facilities are located on the same premises. Laundry and dry
cleaning plants normally involve a substantial amount of equipment and serves a relatively large
trade area through direct or indirect pick-up and delivery of laundry and dry cleaning articles by
personnel employed by the establishment.
Laundromats - Self-Service Or Coin-Operated - a building, or portion ora building, occupied
by an establishment designed primarily to provide limited laundry and dry cleaning facilities
which are used and operated by ultimate consumers on the premises on a self-service basis for a
fee or charge.
Laundry a nd Dry C leaning p ick-Up Establishment - a building, or portion of a building,
occupied by an establishment designed primarily for the convenient and efficient pick-up of
and/or dropoff of laundry or dry cleaning by a persons not employed by the establishment., No
actual laundry or dry cleaning service or work is performed on the premises except 4'Or the
collecting and distributing activities stated above.
Landscaping Service Establishment - a premises, o r portion of a premises, occupied b y a n
establishment in which a person, or persons, practice a vocation that performs a type of labor, act
or work, off the premises that primarily results in horticultural services on a given premises
normally on a contract basis or for a fee or charge. Landscaping services establishments do not
include horticultural nursery farms or horticultural nursery sales.
Library - a building, or portion of a building, occupied by an establishment where books are
kept for use and not for sale.
Livestock - any domesticated hoofed quadrupeds held as property, raised for personal use or
raised for the production of livestock and livestock products for sale. The term livestock
includes the boarding, breeding, training, exercising, care and treatment of horses on the
premises and the accessory facilities and structures designed for such purposes.
Major Equipment Rental - a premises, or portion of a premises, occupied by an establishment
primarily engaged in renting or leasing large equipment and major machinery and including
maintenance facilities provided such maintenance facilities are designed for and incidental to the
principal renting or leasing of large equipment and major machinery.
Major Equipment Repairs - a premises, or portion of a premises, occupied by an establishment
~n which a person, or persons, practice a vocation or occupation that performs a type of labor, act
of work, that primarily results in the fixing and repair of large equipment and major machinery
normally for a fee or charge. Major equipment repair also includes the fixing and repair of
mobile homes and large farm equipment.
Major Subdivision - Any subdivision not classified as a minor subdivision.
12/8/03
XI-17
Manufacturing - a premises, or portion of a premises, occupied by an establishment primarily
engaged in the processing of materials, products or personal property for the wholesale market.
Processing refers to the mechanical or chemical transformation of inorganic or organic
substances into new products and usually includes the use of power driven machines and
material handling equipment. Processing includes the assembling of component parts of
processed products if the resulting new product is neither a structure nor other fixed
improvement. The final product of processing may he finished in the sense that it is ready for
utilization or consumption, or it may be semi-finished to become a raw material for an
establishment engaged in further processing. Processing also includes the making, packaging or
any other similar activity that results in the creating or changing the form of materials, products
or personal property including any major specialized cleaning or reconditioning operation or any
other similar major original or restorative treatment. The term manufacturing does not include
the fabricating operations performed at the site of construction by construction or contractor
establishments nor the incidental and accessory minor processing operations performed by retail
sales, service and repair establishments and other domestic consumer and business operation
customer establishments so defined by this Ordinance provided, however, that such processing is
performed as a specialized aid, assistance of customer service intended for and directly incidental
to the needs of ultimate consumers served on the premises or as a customer service directly for
the domestic consumer a nd business operation customer served by the establishment or if a 11
products processed are sold at retail directly to ultimate consumers and not for resale.
Manufacturing includes boat yards and research and testing laboratories but does not include
agricultural processing establishments, junk yards, or mining.
Marina - premises, or portion of a premises, where covered or uncovered boat slips, dock space,
dry storage facilities, marine fuel, lubricants, food, drink, and/or sundry items are provided.
Mining - the extraction of limerock, phosphate and minerals occurring naturally such as ores,
petroleum and natural gas and quarrying of sand, gravel, rock, fill material and peat. Mining also
includes processing activities such as well operation, washing, crashing, screening, flotation,
storing and distributing necessary in conjunction with mining activities to render the materials
marketable.
Minor Subdivision - A subdivision of land of not more than five (5) lots, provided that such
subdivision does not involve the dedication of streets or easements to the City of Sanford or the
provision of access or utilities to a lot, tract or use by means of a right-of-way or easement
established after the effective date of this Ordinance.
Mobile Home - a detached building containing one (1) dwelling unit which:
Is identified by the manufacturer and/or the City of Sanford Building Code as a mobile
home and/or displays a motor vehicle license plate identifying it as a mobile home.
Is a portable unit designed to be transported after fabricating on its own detachable
wheels, or on a flatbed vehicle or other similar hauling facilities.
12/8/03
XI-18
Is designed primarily for long-term permanent occupancy and contains sleeping
accommodations, a flush toilet, a bath tub or shower and kitchen facilities with plumbing
and electrical connections provided for attachment outside systems.
Normally arrives at the site where it is to be occupied as a complete unit, including major
appliances and furniture, and ready for occupancy except for minor and incidental
unpacking and assembly operations, location on foundation supports, connection to
utilities, and the like.
The term mobile home does not include dwellings or travel trailers.
Motel - a building, or portion of a building, containing sleeping units which may or may not
have cooking facilities and are normally occupied on a daily or short term basis. A motel may
include living quarters containing individual cooking facilities designed for the resident manager
only and/or restaurant facilities.
Motion Picture Theater - a premises, or portion of a premises, occupied by an establishment
primarily engaged in the commercial exhibition of morion pictures normally open to the general
public for a fee or charge.
Noncommercial Amusement Facility - a premises, or portion of a premises, occupied by
facilities whose function is to provide nonprofit oriented amusements and includes the
noncommercial operation of sports and recreational services normally without the payment of a
fee or admission charge. Noncommercial amusement facilities include noncommercial marinas,
noncommercial boat liveries and nonprofit clubs.
Nonhazardous - manufacturing and/or wholesale storage that includes uses and/or activities that
are not defined as hazardous.
Nonmotorized Hauling T railer - a vehicular portable and nonmotorized enclosure designed
primarily for the transporting and movement of goods and materials from one place to another
and includes related nonmotorized hauling accessories and moving aids.
Nonprofit Club - a premises, or portion of a premises, oxwned and operated by a group of
association of persons and maintained and operated solely by and for the members of such group
of association and their guests and is not available for uarestricted public access or use.
Nonprofit clubs include golf, country, yacht, fraternal a nd similar noncommercial groups and
associations of persons and related facilities.
Outdoor - that which is not within a wholly enclosed building.
Poultry ~ domestic fowl held as property, raised for personal use or raised for the production of
poultry or poultry products for sale.
Printing and Publishing - a building, or portion ora building occupied by an establishment in
which a person, or persons, practice a vocation or occupation that performs a type of labor, actor
12/8/03
XI-19
work, that primarily results in publishing and printing of documents and/or materials such as but
not limited to newspapers, business forms, brochures and similar materials.
Private Carport - a building or portion thereof enclosed on two (2) sides or less and designed
for the parking or storage of an automobile(s) as an accessory use or structure with a dwelling
unit.
Private Garage - a building or portion thereof enclosed and designed for the parking and storage
of automobiles as an accessory use or structure with a dwelling unit.
Public Service Structure - any structure that is necessary for the operation and maintenance of a
utility that is regulated or controlled by the City, County, State or Federal Government or legally
empowered special governmental district, but not owned and operated by such government.
Buildings intended for general administrative, executive, studio, warehousing or storage func-
tions or general maintenance operations of a utility shall not be considered as public service
structures. Potable central water storage towers associated with a utility shall be considered as
public service structures; however, central gas, petroleum or similar hazardous material .~torage
structures of a utility shall not be considered as a public service structure. Central power
generating plants and related facilities shall be considered as public service structures subject to
compliance with the Florida Electrical Power Plant Siting Act, Florida Statutes, Chapter 403.
Central solid waste collection stations, containers or garbage boxes serving more than one parcel
or planned development project shall b e considered a s public service structures if the site o n
which such structure or facility is located has been specifically approved for such use by the City
Commission. Specifically approved and recorded easement, right-of-way and land or water
areas, when referred to in regard to public service structures, shall include platted subdivisions,
planned development project plans, master central water and sewer development plans approved
by the appropriate City of Sanford officials and any easement or right-of-way of a utility that is
regulated or controlled by a City, the County, State or Federal Government or a legally
empowered special govemmental district.
Public Transportation Terminal - means a premises, or portion of a premises, occupied by an
establishment primarily engaged in providing public use passenger transportation by railway,
highway, water or air normally for a fee or charge. Public transportation terminals may include
maintenance facilities, anWor freight transportation provided such maintenance facilities and/or
freight transportation is incidental and accessory to the principal public use passenger
transportation services.
Private Airport - any designated area of land which is used for the landing and takeoff of
aircraft, including rotorcraft, which is licensed by the State of Florida to be used only by the
licensee or by invitation of the licensee and is not open for use by the public.
Research And Testing Laboratory - a premises, or portion of a premises, occupied by an
establishment primarily engaged in research and testing on a commercial basis normally on a
contract basis for a fee or charge or nonprofit organization primarily engaged in research and the
dissemination of information for the public health or welfare. (See Manufacturing)
12/8/03
XI-20
Residential Care Facility - a building or portion of a building that constitutes a living facility
which operates to provide the physical, emotional and social needs of its residents in a family--
like setting for a minimum of fifteen (15) residents. As used in this definition Resident means
any aged person as defined in §400.618(3); physically disabled or handicapped person as defined
in §760.22(5)(a); developmentally disabled person as defined in §393.063(6); nondangerous
mentally ill person as defined in §394.455(3); or child as defined in §39.01(8) and (10). Such
facilities shall include, but are not limited to: foster homes, group homes, family shelter homes
and assisted living facilities as those terms are defined in the Florida Statutes.
Restaurant - an establishment where meals, drinks and refreshments may be purchased for
consumption on-premises.
Retail Sales And Service ~ a premises, or portion of a premises, occupied by one or more of the
following:
Antique Store - an establishment primarily engaged in the retail selling of antique items
and related accessories directly to ultimate consumers.
Convenience Store - A small, often franchised, corrumercial retail business that is open
long hours and which provided food and non-food items for sale to the consumer in small
quantities. This type of use does not include the dispensing of gasoline.
Department Store - an establishment selling a wide variety of goods arranged in several
departments.
Domestic And Business Repair - an establishment in which a person or persons,
practice a vocation that primarily performs a type of labor, act or work, the results in the
fixing and repair of and article of merchandise or piece of equipment intended for and
directly incidental to the customer's business of domestic use normally for a fee or charge
and not for resale.
Domestic Rental - an establishment primarily engaged in renting or leasing small
miscellaneous merchandise, products or goods directly to ultimate consumers.
Farm Supply Sales - an establishment primarily engaged in retail selling of farm and
garden hardware and supplies directly to ultimate consumers and not for resale.
Horticultural Nursery Sales - an establishment primarily engaged in the retail selling of
horticultural specialty products directly to ultimate consumers and not for resale.
Horticultural nursery s ales d ocs not include horticultural nursery farms o r I ands~aping
service establishments.
Large Retail Goods Establishment - Commercial establishment selling goods that
require a large amount of display area and which are often delivered to the consumer
after the time of purchase including, but not limited to. appliances, furniture, building and
home improvement supplies, wall paper and carpeting.
12/8/03
XI-21
Personal Service Establishment - an establishment in which a person, or persons,
practice a vocation that performs a type of labor, act or work that results primarily in a
specialized aid or assistance directly to the personal needs of ultimate consumers
normally served on the premises for a fec or charge. Personal service establishments do
not include laundry and dry cleaning plants.
Retail Goods Establishments - Commercial establishments that serve both the day-to-'
day and the more durable needs of a community including, but not limited to,
supermarkets, bakeries, drag stores, florists, gift and specialty stores, optical supplies, pet
shops, discount stores, book and stationery stores, meat and seafood markets, toy stores,
jewelry stores.
Secondhand Store - an establishment primarily engaged in the retail selling of used
merchandise and good directly to ultimate consumers and not for resale. Secondhand
stores may include repair departments provided such repair departments are incidental
and accessory to the principal retail selling of used merchandise and goods.
Roadside Fruit And Vegetable Sales - a premises, or portion of a premises, occupied by an
establishment primarily engaged in the retail selling of field crops, fruit, tree nuts and vegetables
displayed outdoors directly to ultimate consumers on the premises and not for resale. The term
roadside fruit and vegetable sales does not include the selling of livestock or livestock produc~s
but does include the accessory packing, crating and shipping of farm products sold at retail
the premises.
Small Animal Boarding Kennel - a premises, or portion of a premises, occupied by an
establishment primarily having as the principal purpose of business the boarding and keeping of
dogs and/or other specialty animals normally for a fee or charge. Small animal boarding kennels
may provide grooming services.
Solid Waste Disposal Facilities - a premises, or portion of a premises, occupied by an
establishment primarily engaged in the disposal of solid waste, rubbish, refuse and garbage,
excluding animals, obtained from more than one parcel or planned development project.
Sleeping Room - a single room rented for living purposes but without cooking facilities or other
amenities for separate and independent housekeeping. A sleeping room shall not be construed to
mean a dwelling unit or sleeping unit.
Sleeping Unit - a single room or suite intended for occupancy by persons who are lodged with or
without meals for compensation. A sleeping unit shall not be construed to mean a dwelling unit.
Temporary Commercial Amusement - a transient activity which does not require the
construction of permanent structures nor involve the use of any premises for an extended period
of time and which is provided by an establishment primarily engaged in the commercial
operation of such activity for a profit, fee, admission charge or other similar means of
compensation. Temporary commercial amusements include cimuses, carnivals, fairs and similar
promotional enterprises of a transient nature. -
12/8/03
Xl-22
Temporary Construction Activities - a transient use of the premises on which a permitted use
is under construction, or, the transient use of a parcel located within a subdivision or planned
development project which is under construction or contains new housing units or parcels for
sale, provided such transient use is necessary to provide essential promotion, sales, storage and
related activities which shall occur only during construction and/or sale of new housing units or
parcels and which terminates upon completion of the construction, sales of all parcels and sale of
all new housing units. Temporary construction activities include thc following uses: temporary
real estate sales offices; model housing units; offices for persons engaged in construction of the
project; construction materials storage, processing and fabrication; equipment storage; housing;
radio transmitting equipment; and similar uses of a transient nature which are not considered or
authorized as part of the activities normally associated with the construction of a permitted use
for which a valid land use permit has been issued or the construction of a subdivision or planned
development project.
Temporary Noncommercial Amusement Facility - a transient activity which does not require
the construction of permanent structure nor involve the use of any premises for an extended
period of time and which is provided by and/or sponsored by a nonprofit club.
Travel Trailer ~ a vehicular portable unit which:
Is identified by the manufacturer as a travel trailer or recreational vehicle; or,
1. Is not more than eight (8) feet in body width; or,
2. Is of any weight provided its body length does not exceed thirty-two (32) feet; or,
3. Is of any length provided its gross weight, factory equipped for use, does not
exceed 4,500 pounds.
Is designed primarily for short-term temporary living and sleeping purposes for travel,
recreation and vacation purposes.
Include units designed to be mounted on, or attached to, a truck or automobile chassis of
motorized self-propelled vehicles constructed as an integral unit.
Removal of the means of conveyance from a travel trailer or the construction of a
permanent foundation for a travel trailer does not change the meaning of the word travel
trailer as defined or used in the Ordinance.
Veterinarian A nd Animal Hospital ~ a premises, or portion of a premises, occupied-by an
establishment engaged in providing health care, medicine, dentistry, surgery and/or similar
procedures and services to animals normally for a fee or charge. Veterinarian and animal
hospital include grooming and boarding facilities.
Welding Establishment - a premises or portion of a premises, occupied by an establishment in
which a person, or persons engage in the welding of an article of merchandise or piece4~f
12/8/03
XI-23
equipment intended for and directly incidental to the needs of ultimate consumers normally for a
fee or charge.
Wholesale And Storage - a premises, or portion of a premises, occupied by one or more of the
following:
Construction And Contractor Yard - an establishment in which a person, or persons;
practice a vocation or occupation that performs a type of labor, act or ~vork, off the
premises that directly results in the fabrication, construction, addition, alteration, repair or
development of land, buildings or structures on a given premises normally on a contract
basis or for sale, resale, lease, rent or for a fee, charge or other means of compensation
and including the equipment, materials and other items utilized by such person, or per-
sons, in practicing their vocation or occupation. Construction and contractor yard
establishments may include maintenance facilities provided such maintenance facilities
are designed to be utilized only for the maintenance of equipment accessory and incident
to the principal use and activities of the construction and contractor yard establishment
which is located on the premises.
Heating Fuel Sales - a n establishment engaged primarily i n t he retail selling o f coal,
wood, heating fuel oil and/or bottled gas directly to ultimate consumers and not for
resale.
Motor Freight Transportation - an establishment primarily engaged in furnishing local
or long distance trucking, transfer and draying services with or without the storage of
merchandise, products or materials normally for a fee or charge and including
maintenance and storage facilities provided such maintenance and storage facilities are
designed for and incidental to the principal trucking and freight handling services.
Nonretail Sales And Service - an establishment primarily engaged in the non-retail
selling of merchandise, products, or materials in bulk quantities directly to person who
intend resale of the merchandise, products or materials so bought or handled; or, where
merchandise, products or materials are stored or held primarily for safekeeping until later
disposal or distribution usually for a fee or charge or delivery departments or warehouses
operated by business concerns for their own use.
[ 2/8/03
XI-24
SCHEDULE B - PERMITTED USES
USE CATEGORY
1 to 6 Residents (3)
7 to 14 Residents O)
(3)
Accessory Dwelling Unit
Home Occupations (3)
Temporary Con~hmcfion Activities O)
EMI-PUBLIC
Indoor
Omdoor (19)
Temporary (20)
Educational Fatalities
Elementary School
M~ddle School
High School
College. University or Vocar'l School
Libvm/
Church
Cemetery
Public Transportation Terminal
Public Service Structure
Communicadon Tower (3)
Scdid Waste Disposal Facility
Govcmmem Ox~ned Use
12/8/03
SCHEDUI.I~. B - PERMITTED USES
P. etail Sales & Sen'ice (3)(7)
Indoor (8) P P C C
Outdoor Display - Next' Merchandise P C C C
Outdoor [31splay Used Merchandise C C C C
Outdoor Storage C C C C
Pawn Shop (27) C C C C
Roadside Frtdt & Vegetable Stand P ~ C
Business & Professional Office P (8) P P P P
Temporary / Day Labor Services (26) C C P C P P
Bail Bond (27) C C C C C C
Nonhazardous Research & Testing Lab. (3) P P P P
Business Training Schools C P P P P
Resta~rxnt (8) P P . C C
Drive-In Restaurant P
Hbx24SIENT LODGING& ENTERTAINMENT
Itotel Or Motel P P * ]
Travel Trailer (3) C C
?dcoholic Beverage Sales (Includes beer, beer/x'dne, and
bee£/xvine/fiquor)
Off Premises Consumption (13) P P
On Premises Consumption (13) (13) (13) (23) (23)
Bottle Clubs 03)
Commercial Amusement~ (19)
Indoor (Except Adult Performance (8) P P
Estabhshments and Adult .~xcade Amusement
Adult Axcade Amusement Center (28) (25) (25)
B 2
12/8/03
SCHEDUI.~ B - PERMITTED USES
USE CATEGORY
!EOUS BUS[NESS AND SERVICICS
Funeral [ lome and/or Crematory (21)
Auction Sales Establishment Indoor
Outdoor
A~rccaft Sales Establishment Indoor
Small Animal Boarding Kennel Indoor
Outdoor
Veterinarian & Animal H Indoor
Establishment (3)
Wholesale ~
Nonhazardous (3) Indoor
Tank
Hazardous (3) Indoor
Outdoor
0)
(2)
12/8/03 B-3
SCHEDULE B - PERMITTED USES
B-4
Ordinance 3502 Adopted FebmaU' 14, 2000
SCHEDULE D
PLANNED DEVELOPMENT PROJECT REGULATIONS
SECTION 1.0
PERMITTED USES
Permitted uses located in planned development projects shall be determined by designating all land
areas within the planned development project boundaries for a land use category based on land use
categories listed on Schedule B, Permitted I lge~ of this ordinance. In addition to the requirement
that all land areas in planned development projects be designated with a land use category based on
Schedule B, permitted uses located within the planned development project boundaries may be
further classified based on Schedule A, l.and l i've Cla~ fications
SECTION 2.0
AREA AND DIMENSIONAL REGULATIONS
Ao
Minimum Parcel Area and Dimensions Required. All planned development projects
shall be subject to the following minimum standards:
1. 10,000 square feet of parcel area for all uses excluding mobile homes;
43,560 square feet of pamel area for planned development projects that include
mobile homes.
3. A parcel depth of one hundred fifteen (115) feet.
B. Minimum Required Parcel Frontage On Street. 20 Feet
C. Maximum Permitted Density and Intensity Standards.
New development within the City shall comply with the density and intensity standards set
forth in the Future Land Use Element of the Comprehensive Plan.
New development within the following mixed land use designations contained in the Future
Land Use Element of the Comprehensive Plan shall be developed as planned development
projects: Akport Industry and Commeme District (A/C); I-4 High Intensity (HI); and the
Westside Industry and Commeme District (WIC).
Airport Industry and Commerce Land Use Designation (AIC). The AIC land
use designation is a planned land use mix intended to include intensive industrial
development, particularly industries requiring airport linkage. The Airport Industry
and Commerce designation is intended to encourage the expansion of industrial land
uses in areas where airport noise impacts will prohibit residential development and
provide additional areas for mixed use development that would be compatible with
airport operations. . Hotel and residential uses are intended to accommodate
travelers and students, guests and owners of businesses located within the
designation.
12/8/03 I)- l
Unless approved as a part of a Development of Regional Impact or an Airport Master
Plan, a 11 new development within the A IC designated a rea s hall be developed a s
planned development which shall comply with the regulations of this schedule.
Development within the AIC designated ama existing prior to the adoption of the
Comprehensive Plan will be "grandfathered."
The maximum intensity of supportive commercial development measured as a floor
area ratio is 1.0. The maximum intensity for industrial development shall be 1.0.
All new development shall include but not be limited to:
Plans for managing any potential adverse impacts of proposed development
on air operations;
b. Sound insulation in areas within the airport impact noise zones;
Controlled access and internal circulation, including provisions for cross
access easements, joint use of driveways, and separation of ground
transportation from aircraft mnways, taxiways, and servicing areas;
All development on property owned by the Orlando Sanford Airport and included in
a Development of Regional Impact or in the Orlando Sanford Airport Master Plan
shall be approved through the following process:
The Development of Regional Impact and/or the Airport Master Plan shall be
reviewed by the Planning and Zoning Commission prior to review and
approval by the City Commission.
All individual development projects and/or plans which have been previously
included in either the Development of Regional Impact or the Airport Master
Plan shall be subject to the Engineering Plan Review Procedures of Section
5.5 of these regulations prior to the issuance of a building permit.
I-4 High Intensity (HI). The HI is a mixed use designation intended to promote and
regulate anticipated development within the vicinity of the I4/$tate Road 46
Interchange. I4 High Intensity land uses shall include commerce, industry, and high
density residential development.
The maximum intensity of development within the HI district shall be an FAR of 1.0.
Maximum residential density shall be fifty (50) dwelling units per acre.
All new development within the 14 High Intensity Area shall comply with
performance criteria included in this schedule and as follows:
a. Be designed t o accommodate a nd encourage use o f m ulti-modal t ranspor-
D~2
12/8/03
tation systems;
Achieve a high standard of urban design amenities, including pedestrian
walkways which link activity centers with parking areas, transit stops, urban
plazas, and other open spaces and amenities intended to reinforce appropriate
design themes; and
c. Incorporate access controls as may be deemed necessary including dedication
of cross easements and joint uses of driveway and off-street parking areas.
Westside Industry and Commerce (VqlC). The WIC area is a planned mixed use
designation intended to promote development of a major center of commerce and
industry in the vicinity of the West SR 46 corridor. The land use mix is intended to
include intensive industrial development. Commercial development within the WIC
area shall be restricted to operations that provide essential commercial services to
industrial development. High density residential development shall be permitted in
order to provide housing opportunities near major employment centem. High'density
residential development shall be permitted in order to provide housing opportunities
near major employment centers.
The maximum intensity of commercial development measured as a floor ama ratio is
.35. The maximum intensity for industrial development as a floor area ratio is .50.
The maximum residential density shall be 20 dwelling units per acre.
All new development within the WIC shall be developed as a Planned Development
which shall comply with the regulations of this schedule. In addition, proposals in
the WIC area shall be the subject of negotiated development agreements. The review
process shall involve county, state, regional, and federal agencies having jurisdiction
over impacted resources. No development order shall be granted prior to approval
by the City of the development agreement. Development within 5VIC designated
areas existing prior to the adoption of this Plan xvill be "grandfathered."
All new development in the WIC Area shall include standards for controlled access
and internal circulation, including cross access easements and joint use of driveways.
Minimum Depth of Required Building Setback.
1. Front Yard Building Setback. The minimum required front yard building setback
for planned development projects shall comply with base building lines and setback
requirements of Schedule I, Base Fhfi[dinv- I/ne and De~i~mamd
Reqlfirements_Xor_ Sneeific Strr.,.~, or S~cfion 3.0, ~
Requirements of Schedule J, or Schedule C if by use, whichever is greater.
2. Minimum Depth of Required Buffer. The minimum depth ora required buffer for
planned development projects shall comply with Schedule J, Section 3.0,
Cx)lllpatihility Reqlliremer/kS.
12/8/03
The required building setback along all boundary lines of the planned development
project shall be increased by ten (10) feet for each story in excess of the first two (2)
stories.
Further, the City may require greater than minimum building setbacks based on
circumstances the City believes may othenvise adversely affect adjacent land uses.
Required Buffering and Setbacks for Small Parcels. The Planning and Zoning
Commission may, upon request by an applicant of a proposed planned development
project five (5) acres or less, modify the required setback where such setback would
be unreasonable and excessive due to the size of the parcel.
The applicable buffer and visual screen provisions along all parcel lines in question
shall not, however, be waived.
SECTION 3.0
ADDITIONAL PROVISIONS FOR PLANNED DEVELOPMENT
PROJECTS
Maximum Density For Residential Uses. The maximum density permitted in residential
land areas located in a planned development project shall be consistent with the Future Land
Use Element of the Comprehensive Plan. Residential land area as referred to herein is the
total land area within the planned development project boundaries devoted to dwelling units
or mobile homes and is exclusive of any areas devoted to, or proposed for day care facilities
for six (6) or more children or public transportation terminals. Land areas within the planned
development project boundaries which are devoted to noncommercial amusement facilities
may be included in the computations establishing residential land area acreage.
Open Space Requirements for Multiple-Family Dwellings. At least fifty (50) percent of
the total residential land area at finished grade shall be maintained as open space other than
that provided in vehicular circulation and o fi-street parking a rea within a teas devoted to
multiple family dwellings.
Project Subdivision. Planned development projects may include a proposed subdivision of
the land area within the project boundary lines into one or more separately owned and
operated units provided the boundary of the area proposed for such subdivision is approved
along with the proposed planned development project plan and that the subdivision of all
such areas is subject to review and approval in accordance with all applicable provisions and
requirements of this ordinance.
The total land area contained within the planned development project boundary lines and
including the land area proposed for subdivision shall, if approved, be subject to all of the
provisions of this ordinance regarding planned development projects in its entirety including
all approved land subdivisions regardless of their future ownership. There shall, however, be
no subdivision of an approved planned development project unless such subdivision is in
confom~ance xvith the originally approved planned development project plan or an amended
12/8/03
planned development project plan has been approved in conformance with this ordinance.
Land Unsuitable For Development. If, in the review of any proposed planned
development project, it is found that the land proposed to be developed is unsuitable for such
development due to frequent flooding, bad drainage, unstable soil, topographic formations,
wetland vegetation or other such conditions that may unduly increase the danger of health,
life, or property or aggravate erosion or flood hazards; and, if fi.om adequate investigations
5onducted by the appropriate public official involved, it has been determined that in the best
interest of the public the land should not be developed for the purpose proposed, the
proposed planned development project shall not be approved unless acceptable methods are
formulated by the developer for meeting the problems that such development and land use
will create.
If there is any alleged error in any order, requirement, decision or determination related to
the failure to approve a proposed planned development project due to the fact the proposed
land area is unsuitable for development, the aggrieved applicant or other interested person,
including any officer, department or agency of the City, may make an administrativ6 appeal
to the City Commission as provided in this ordinance.
Site Plan Requirements. Planned development applications containing a residential
subdivision shall include a site plan of a 'typical' lot consisting of the footprint of the
residential structure and its mechanical equipment, storage sheds and anticipated accessory
structures, all setbacks, open space requirements and swales.
12/8/03 D-5
SCHEDULE E
ADDITIONAL REQUIREMENTS AND PROVISIONS FOR SPECIFIC USES
SECTION 1.0 VEHICULAR USES AND WELDING ESTABLISHMENTS
All vehicular service, vehicular accessory sales, vehicular rental, major equipment rental, major
equipment repair, vehicular dealer sales and welding establishments shall comply with the
following regulations:
Inoperative Vehicles, Equipment And Repairs. All vehicles and equipment shall be
maintained in an operative condition at all times, provided, however, that all vehicles and
equipment which are inoperative or that are being serviced, maintained, and/or repaired shall
be located within buildings designated for such purposes or within areas located in the rear
of the premises, provided such areas are visually screened from surrounding areas. Such
visual screening s hall have no openings except for entrances and exits which shall be
provided with unpierced gates. In addition, no such enclosed area for inoperative v~hicles,
equipment or repairs shall be permitted within any required yard or building setback.
Storage Space. Storage space for all vehicles and equipment shall be provided on the
premises in an amount and manner that ensures that no street, sidewalk, or other public way
is impeded or utilized for any vehicular or equipment storage associated with the activities
and use located on the premises. Such storage space shall be in addition to the off-street
parking, loading, and unloading space required by this Ordinance.
Outdoor Display of Equipment and Vehicular Accessory Sales. AIl equipment and
vehicular accessory products intended for lease, rental or sale and stored, parked, or
otherwise displayed shall be provided with a setback of at least twenty-five feet (25') in
depth along all street right-of-way lines and at least 10 feet in depth along all other parcel
lines. A precast concrete curb or other barrier of a similar and permanent nature approved by
the Planning and Zoning Commission shall be placed between the outdoor display area and
the required setback adjacent to all street right-of-way lines upon which the outdoor display
area is located. In addition, no such outdoor display area shall be permitted within any
required buffer. No equipment which exceeds the height of the principal building on the
parcel shall be displayed in the front yard. No berm or other device shall be used to
artificially elevate the display area.
Vehicular Circulation Pattern. All vehicle and equipment storage space, outdoor display
area and off-street parking, loading and unloading space shall be arranged and located so as
not to interfere with vehicular access points serving the premises. In addition, the overall
vehicular circulation pattern shall be designed to enhance and facilitate traffic movement
both on and off the premises. The vehicular circulation pattern as well as storage space,
outdoor display area and off-street parking, loading and unloading space, shall be indicated
on a site plan accompanying all site development pemfit and/or certificate of completion
applications involving automotive uses.
12/8/o3 F~- 1.
Gasoline Service Stations (including convenience store with gas pumps), in addition to
conforming with all other applicable provisions of this ordinance for automotive uses set
forth above, gasoline service stations shall also conform to the following regulations:
Service Island. All service islands utilized for dispensing fuel, oil and/or related
appurtenances, structures, and services shall be located at least 35 feet from all parcel
lines.
Parking Of Small Nonmotorized Hauling Trailers And Trucks Without Drivers.
The renting of small nonmotorized hauling trailers and trucks without drivers by
gasoline service stations shall be subject to the following regulations:
Not more than 10 hauling trailers shall be stored on the premises at any one
time. In addition, no such hauling trailer shall exceed 14 feet in overall body
length.
Not more than 3 rental trucks shall be stored on the premises at any one time.
in addition, the hauling space portion of such rental trucks shall not exceed
24 feet in length.
All hauling trailers, rental trucks and related nonmotorized hauling
accessories and moving aids shall be arranged and maintained in a neat and
orderly fashion within designated storage space and outdoor display areas.
Required Screening Of Outdoor Display Areas. All outdoor display areas utilized for the
purpose of storing small nonmotorized hauling trailers, trucks without drives and/or tires
shall be visually screened from surrounding areas. Such visual screening shall be located
along all side and/or rear parcel lines which parallel the outdoor display areas.
Vehicular Sales And Rental Standards. All vehicular sales and rental businesses
except for those governed by subsection E.4. of this schedule, shall comply with the
following regulations:
Applicability. This Section shall apply to all businesses that sell, lease or
rent new or used vehicles including, but not limited to, automobiles, tracks,
boats, recreational vehicles and travel trailers that store some or all of the
vehicles outdoors.
2. Minimum Lot Size and Parcel Width.
Businesses with Repair Facilities. All businesses with new and used
vehicles intended for lease, rental or sale and which service, detail, clean,
paint or repair the vehicles shall have a minimum parcel area of one (1) acre
and a minimum parcel width at the front property line of one hundred twenty-
12/8/03
five feet (125').
Businesses without Repair Facilities. All businesses with new and used
vehicles intended for lease, rental or sale which do not have service, detail,
clean, paint or repair facilities shall have a minimum parcel area of one-half
(l/2) acre and a minimum parcel width at the front property line of one
hundred twenty-five feet (125').
Buffer. All vehicular sales and rentals shall comply with the buffer requirements of
Schedule J and/or Schedule U of these regulations. No vehicular display shall be
located within a required buffer area.
Outdoor Display o f Vehicles. The outdoor display area is limited to one (1) vehicle
for every two hundred filly (250) square feet of net usable area, calculated as the
square footage of the parcel minus all easements, required landscaping, setback and
buffer areas, required drainage areas, wetlands, required open space and building
areas and required access, parking and loading areas.
To prevent the intrusion of the outdoor display area into required buffers and
setbacks, a precast concrete curb or barrier of a similar and permanent nature
approved by the Planning and Zoning Commission shall be placed between the
outdoor display area and the required setback and/or buffer that is adjacent to a street
right-of-way.
All vehicles which are displayed outdoors shall be displayed at grade and no vehicle
shall be elevated on a berm, pedestal, flat bed, crane or other device that has the
effect of elevating the vehicle above the ground.
Indoor Service Area Required. All businesses that sell, lease or rent new or used
vehicles and service, detail, clean, paint or repair the vehicles which they sell, lease
or rent shall:
(a) Have an indoor area to service at least two (2) vehicles at the same time.
(b)
New vehicular sales shall also have additional interior space for the storage
of at least five (5) vehicles.
(c) Have proper sewage connections for drainage and sanitary purposes.
Sunset Provision. Ifa vehicular sales or rental use is discontinued or closed for six
(6) months or more, the use shall not be reestablished without first obtaining
conditional use approval of the Planning and Zoning Commission.
12/8/o3 E-3.
SECTION 2.0 RETAIL SALES AND SERVICES
All outdoor display, storage and gasoline sales accessory to retail sales and services shall comply
with the following regulations:
Outdoor Display. All outdoor display and/or storage related to retail sales and services
shall comply with the following regulations:
When a use is permitted under the land use category in Schedule B of these
regulations as 'retail sales and services', the outdoor display and/or storage of goods,
corrimodities or merchandise is prohibited.
When a use is permitted under the land use category in Schedule B of these
regulations as 'outdoor display' or 'outdoor storage', retail sales and services which
are normally permitted outdoors may store or display their goods outdoors provided
that no such outdoor display and/or storage of goods, commodities or merchandise
shall be permitted within any required buffer yard or building setback.
When a use is permitted under the land use categories in Schedule B o fthese
regulations as 'outdoor display - new merchandise' or 'outdoor display - used
merchandise', the outdoor display of new and used goods and merchandise which are
normally used or stored indoors including, but not limited to, the following types of
merchandise is prohibited:
· furniture;
· appliances;
· farm hardware;
· farm production supplies;
· miscellaneous farm and garden supplies,;
· lumber;
· building materials;
· hardware;
paint;
· glass;
· electrical supplies;
· roofing materials;
· plumbing supplies.
The land use category, "outdoor storage", when related to retail sales and service
shall specifically include the outdoor storage of furniture, appliances, farm hardware,
farm production supplies, miscellaneous farm and garden supplies, lumber, building
materials, hardware, paint, glass, electrical supplies, roofing materials and plumbing
supplies. All such outdoor storage shall be located in an area that is screened from
adjacent parcels and street right-of-ways through the provision of a Type One or
12/8/03
Type Two Visual Screen as set forth in Schedule J, Landscape Buffer and Tree
~ements. -'
Accessory Retail Gasoline Sales. Retail gasoline sales that are accessory to convenience
stores or other retail sales or service establishments are permitted as conditional uses
subject to the following regulations:
All service islands shall be limited to and utilized only for the dispensing of fuel, air,
water and/or oil. All service islands and related appurtenances and structures above
ground shall be located at least thirty-five feet (35') from all parcel lines. No
service ' · ' -
tslands or the acttwt~es related thereto shall be permitted within any required
buffer strip.
Ail service islands and related vehicular access shall be arranged so as not to
interfere with vehicular access points servicing the premises and shall be located to
ensure that no street, sidewalk or other public way is impeded. Space utilized for
service islands and the vehicular access thereto shall be in addition to the off-street
parking, loading and unloading space required for the particular use to which the
retail gasoline sales are accessory. The vehicular circulation pattern, as well as the
location a nd arrangement o f service islands and o ff-street parking, 1 oading and
unloading space shall be indicated on a site plan accompanying all site development
permit and/or certificate of completion applications involving accessory retail
gasoline sales.
SECTION 3.0
HOME OCCUPATIONS
All home occupation activities shall be subject to the following regulations:
A. There shall be no display of goods, commodities, merchandise visible from the street.
B. There shall be no change in the outside appearance of the building or premises, or other
visible evidence of the conduct of the home occupation.
C. No home occupation shall increase the average daily automobile trips generated by the
residence in which the home occupation is located.
No home occupation shall occupy a space within the dwelling unit of more than twenty-five
percent (25%) of the first floor area of the residence or more than five hundred (500) square
feet, whichever is less, exclusive oftbe area of any open porch or attached garage or similar
space not suited or intended for occupancy as living quarters. No rooms which have been
constructed as an addition to the residence, nor any attached garage or porch which has been
converted into living quarters, shall be considered as floor area until two (2) years after the
date of the completion thereof, as shown by the records in the office of the Administrative
Official.
2/8/03 E~5.
[.
Home occupations may also be conducted within one (1) accessory building located on the
premises or a permitted one-family dwelling provided such accessory building complies
with all setback requirements and does not exceed twenty-five feet (25') in height. In
addition, no home occupation conducted within an accessory building shall be permitted to
occupy an area which would be in excess of twenty-five percent (25%) of the first floor area
of the residence located on the premises. The permissible area to be occupied by a home
occupation located within an accessory building shall be computed in the same manner as for
a home occupation located in a residence. No more than one (1) home occupation shall be
conducted on the premises.
Only members of the immediate family living in the residence shall be permitted to work at
the home occupation.
No equipment or process shall be used in such home occupation which creates noise,
vibration, glare, fumes, odors or electrical interference detectable to the normal senses off
the premises. In the case of electrical interference, no equipment or precess shall be used
which creates visual or audible interference in any radio or television receivers 'off the
premises.
All applications for home occupations shall be on the form provided by the Administrative
Official. The information required includes, but is not limited to, the following:
2.
3.
4.
5.
Name of applicant.
Location of residence where home occupation, if approved, will be conducted.
Total floor area of the first floor of the residence.
Area of the room or rooms to be utilized in the conduct of the home occupation.
A sketch showing the floor plan and the area to be utilized for the conduct of the
home occupation.
The nature of the home occupation sought to be approved.
If the applicant is not the owner of the premises, the property owner and/or agent
must provide notarized written approval for the home occupation.
The Administrative Official shall then issue a permit for such home occupation, based on
compliance with the provisions of this Subsection.
Any resident of the City of Sanford shall have the right to object to the issuance of a home
occupation permit and shall have the right to request a hearing before the City Commission.
The City Commission shall have the power to revoke any home occupation permit if, after
public hearing with due public notice, the City Commission finds the home occupation being
conducted to be a nuisance or in non-conformity with this Section.
SECTION 4.0 TEMPORARY CONSTRUCTION ACTIVITIES
All temporary construction activities shall be subject to the following regulations:
E-6.
12/8/03
Temporary use permits shall not be required for those temporary activities normally
associated with the construction of a permitted use such as storage, processing and
fabrication when a valid land use permit has been issued. A temporary use permit shall,
however, be required for all temporary real estate sales offices, model housing units,
construction offices and housing associated wtth the construction of such permitted use and
related activities·
All structures which contain temporary real estate sales offices, model housing units,
"construction offices or housing units shall comply with all of the applicable area and dimen~
sion regulations of this Schedule for the particular zoning district in which such structure is
located.
All temporary construction activities shall be discontinued when all permitted construction
on the premises is completed and/or when all parcels or new housing units located within the
subdivision or planned development project in question are sold, as applicable.
All temporary construction activities which are not in compliance with the requirements of
this ordinance are prohibited and shall be required to comply with the provisions of this
ordinance by the Administrative Official upon notification of such noncompliance or
violation.
SECTION 5.0 MOBILE HOMES
The following regulations shall apply to all mobile homes:
A. Accessory Building. No mobile home shall be permitted as an accessory building.
B. Location. No mobile home shall be permitted in any zoning district except as follows.
1. In a zoning district which permits mobile homes.
2. As a temporary office used for permitted temporary construction activities located on
the same premises or as a temporary shelter used incidental to permitted construction
on the same premises. No such temporary mobile home shall be permitted to remain
on the premises for more than six (6) months, subject to additional renewal periods
not to exceed six (6) months each. In no case, however, shall a temporary mobile
home be permitted to remain on the premises beyond the effective period of any land
use permit or building permit issued for the permitted use under construction on the
premises. In addition, no temporary mobile home may be permitted to remain on the
premises beyond the date of completion of construction activities nor shall any
temp!)rary mobile home be permitted on the premises until after all required land use
pemnts and building permits have been issued for the permitted use proposed to be
constructed on the premises.
2/8/o3 E-7.
Construction. No mobile home shall be used as a dwelling unit without complying with the
following requirements in addition to all other appropriate local, state and federal regulations
pertaining to inspections, tie downs, blocking electrical, plumbing and construction
standards.
The mobile home shall be completely underskirted with metal or plastic skirting, the
subflooring shall be structurally sound and the heating and air conditioning facilities
of the mobile home shall comply with appropriate City of Sanford Codes.
Underskirting, patio awnings, carports and utility rooms shall be compatible with the
design and type of mobile home to which they are attached and/or accessory to and
shall comply with the City of Sanford Land Development Regulations.
Area and Dimensional Regulations. The following area and dimensional regulations shall
apply to mobile homes:
The maximum density o fa mobile home development shall be six (6) mobile homes
per acre.
Each mobile home shall have a site area or space of at least five thousand (5,000)
square feet.
No mobile home or permanent attachment thereto shall be located closer that ten
feet (10') to any mobile home site line.
An accessway at least thirty-five feet (35') in width shall provide direct access to
each mobile home site which does not abut a street. The area occupied by the
accessway shall not fulfill any part of the area requirements for any mobile home
site.
SECTION 6.0 TRAVEL TRAILERS
The following regulations shall apply to all travel trailers:
A. Accessory Building. No travel trailer shall be permitted as an accessory building.
B. Location. No travel trailer shall be permitted in any zoning district except as follows:
1. In a zoning district which permits travel trailers.
2. As a temporary office used for permitted temporary construction activities located on
the same premises or as a temporary shelter used incidental to permitted construction
on the same premises. No such temporary travel trailer shall be permitted to remain
E-8.
12/8/03
on the premises for more than six (6) months, subject to additional renewal periods
not to exceed six (6) months each. In no case, however, shall a temporary travel
trailer be permitted to remain on the premises beyond the effective period of any site
development permit or building permit issued for the permitted use under
construction on the premises. In addition, no temporary travel trailer may be
permitted to remain on the premises beyond the date of completion of c0nstruction
activities nor shall any temporary travel trailer be permitted on the premises until
after all required site development permits and building permits have been issued for
the permitted use proposed to be constructed on the premises.
Area and Dimensional Regulations. The following area and dimensional regulations shall
apply to travel trailers:
Each travel trailer shall have a s itc area or space of at least o ne thousand five
hundred (1,500) square feet.
No travel trailer or attachment thereto shall be located closer than ten (10) feet to any
travel trailer site line. -
An accessway at least thirty~five feet (35') in width shall provide direct access to
each travel trailer site. The area occupied by the accessway shall not fi~lfill any part
of the area requirements for any travel trailer site.
SECTION 7.0 COMMUNITY RESIDENTIAL HOMES
Community Residential Homes with six (6) or fewer residents shall comply with applicable state law
and requirements. Community Residential Homes with seven (7) to fourteen (14) residents shall
comply with applicable state laws and requirements, the City's Development Plan review and
permitting process as set forth in these regulations and the City's occupational licensing
requirements.
On-site Supervision. A responsible person over the age of eighteen (18) years shall be on
duty on the premises at all times while residents are on the premises.
Recreational Area. Outdoor recreation area shall be provided at the minimum ratio of fifty
(50) square feet per resident.
Proposed Site Plan. A proposed site plan shall be submitted for all community residential
homes and residential care facilities.
Occupational License. All facilities shall be required to obtain a City of Sanford
Occupational License. All such facilities shall comply with applicable state physical plant
standards and shall furnish proof of state licensure if applicable, before issuance ora City
Occupational License.
12/8/03 E-9.
Site Selection. When a site for a home has been selected by a sponsoring agency
("sponsoring agency" shall mean an agency or unit of government, a profit or
nonprofit agency, or any other person or organization which intends to establish or
operate a community residential home) in an area zoned for multi-family, the agency
shall notify the City Manager in writing and include in such notice the specific
address of the site, the residential licensing category, the number of residents, and the
community support requirements of the program. Such notice shall also contain a
statement from the district administrator of the HRS indicating the need for and the
licensing status of the proposed community residential home and specifying how the
home meets applicable licensing criteria for the safe care and supervision of the
clients in the home. The district administrator shall also provide to the City Manager
the most recently published data compiled that identifies all community residential
homes in the district in which the proposed site is to be located. The City shall
review the notification of the sponsoring agency in accordance with the zoning
ordinances of the City.
Site Review Process. Pursuant to such review, the City may:
Determine that the siting of the community residential home is in accordance
with zoning and approve the siting. If the siting is approved, the sponsoring
agency may establish the home at the site selected.
Fail to respond within sixty (60) days. If the City fails to respond within
such time, the sponsoring agency may establish the home at the site selected.
c. Deny the siting of the home.
The City shall not deny the siting of a community residential home unless the
City establishes that the siting of the home at the site selected:
(l)
(2)
(3)
(4)
Does not otherwise conform to existing zoning regulations applicable
to other multi-family uses in the area.
Does not meet applicable licensing criteria established an determined
by the Department of Children and Family Services (DCFS),
including, but not limited to, requirements that the home be located to
assure the safe care and supervision of all clients in the home.
Would result in such a concentration of community residential homes
in the area in proximity to the site selected, or would result in a
combination of such homes with other residences in the community,
such that the nature and character of the area would be substantially
altered.
All group homes shall contain requisite infrastructure including, but
not limited to, potable water; adequate surface water management'
and approved system ofwastewater disposal. The sites shall also be
E-10.
12/8/03
free of safety hazards and all structures shall comply with City
ordinances and applicable State laws including applicable licensing
and program requirements of the State.
If agreed to by both the City Commission and the sponsoring agency, a
conflict may be resolved through informal mediation. The City shall arrange
for the services of an independent mediator or may utilize the mediation
process established by a regional planning Council pursuant to §186.509,
Florida Statutes. Mediation shall be concluded within forty-five (45) days
of a request therefore. The resolution of any issue through the mediation
process shall not alter any person's, or the City's, right to a judicial
determination of any issue if that person is entitled to such a determination
under statutory or common law.
Zoning Requirements. A dwelling unit housing a Community residential home or
community residential facility established pursuant to this section shall be subject to the
same local laws and ordinances applicable to other noncommercial, residential family units
in the area in which it is established.
F. Nonconforming Uses. N°thing in this section shall be deemed to affect the authority of any
Community residential home or residential care facility lawfully established prior to the
effective date of this Schedule to continue to operate.
G. Resident Qualifications. Nothing in this section shall permit persons to occupy a
Community residential home or residential care facility who would constitute a direct threat
to the health and safety of other persons or whose residency would result in substantial
physical damage to the property of others.
SECTION 8.0 HAZARDOUS AND NONHAZARDOUS USES
Uses identified in the text of these land development regulations, including any schedule, as being
hazardous or nonhazardous shall be subject to the following regulations:
A. Application. All hazardous and nonhazardous uses shall be subject to the appropriate
performance standards set forth below and all such uses which are changed, altered or
enlarged shall comply with all of the required performance standards for the portion of the
use and/or structure which is involved in such change, alteration or enlargement.
B. Smoke. No smoke shall be emitted greater than Number One of the Power's
Micronringelmann Chart (copyrighted 1954 by McGraw-Hill Publishing Company, Inc.) or
of the Department of the Interior 1955 (Bureau of Mines Information Circular No. 7718);
provided, however, that smoke not greater than Number Three on said charts may be emitted
for a period not to exceed six minutes in any twenty-four-hour period.
C. Dust, Dirt and Other Particulate Matter. Particulate matter shall be defined as any
12/8/03 E-[ I.
material discharged into or suspended in the atmosphere in finely divided form. Calculation
of the total net rate of emission of particulate matter within the boundaries of any lot shall be
made in the following manner.
Determine maximum emission in pounds per hour for each soume of emission and
divide this figure by the acres in the lot area, thereby obtaining the gross hourly rate
of emission, in pounds per acre.
For each gross hourly rate of emission, deduct the height of emission collection
factor from the following table, interpolating as necessary for heights not given.
TABLE E-1 ALLOWANCES FOR HEIGHT OF EMISSION
Height of Emission
Above Grade (Feet)
Collection (Pounds
Per Hour Per Acre)
50 0.01
100 0.06
150 0.10
200 0.16
300 0.30
400 0.50
The result is the next hourly rate of emission in pounds per acre for each source of
emission.
Adding together individual net rates of emission gives the total new rote of emission
from all sources of emission within the boundaries of the lot.
The total net rate of emission from all sources within the boundaries of a lot or tract
in question shall not exceed one pound per acre of lot area during any one hour.
The emission, from all sources within any lot area, or particulate matter containing
more than ten percent by weight of particles having a diameter larger than 44
microns is prohibited.
The emission of particles in the form of fly ash from any flue or smokestack shall not
exceed 0.2 grains per cubic foot of flue gas at a stack temperature of 500 degrees
Fahrenheit. Dust and other types of airborne pollution from such sources as storage
yards, piled materials, yards, roads or other untreated open areas which are
developed, shall be kept to a minimum by appropriate screening, design,
landscaping, paving, sprinkling, or other acceptable means approved by the
Administrative Official.
Toxic or Noxious Matter. The emission of toxic or noxious matter beyond any lot line
is prohibited.
E-12.
12/8/03
12/8/03
Odorous Matter. No offensive odors shall be emitted that are detectable without
instruments at or beyond any property line.
Vibration. Every use shall be so operated that ground vibration inherently and recurrently
generated is not perceptible, without instruments, at any point on the property line of the
property on which the use is located.
Noise. Maximum permissible sound pressure levels emitted between 7:00 a.m. and 8:00
p.m. shall not exceed standards set forth in the following table. Measurements are to be taken
at the property line.
TABLE E~2 NOISE STANDARDS
Frequency Sound Pressure Level
(cycles per second) (decibels)
20 - 75 65
75 - 150 50
150 - 300 43
300 - 600 38
600- 1,200 33
1,200 - 2,400 30
2,400 - 4,800 28
Greater than 4,800 26
Sound pressure levels permitted between the hours of 8:00 p.m. and 7:00 a.m. shall not be
greater than eighty percent of the above noise standards.
Fire and Explosion Hazard. All activities and all storage of flammable and explosive
materials shall be ~n accordance w~th the National Board of Fire Underwfiter's publications,
applicable City ordinances and state statutes and procedures and standards approved by the
City of Sanford Fire Chief.
Electromagnetic Interference Performance Standards. No hazardous or nonhazardous
use shall be conducted which produces electromagnetic interference with normal radio or
television reception within the areas adjacent to the premises in question.
Humidity, Stream, Heat Or Glare Performance Standards. No hazardous or
nonhazardous use shall be permitted to produce any humidity, steam, heat or glare that is
perceptible at any point on or beyond any parcel line of the premises in question.
Enforcement. Enforcement of the performance standards required for hazardous or
nonhazardous uses shall be accomplished in the following manner:
1. If alleged violation of the required performance standards for a hazardous or
nonhazardous use has been made, the Administrative Official shall send written
E-I3.
notice of such alleged violation to the owner of the property by certified mail. The
owner shall be given thirty (30) days to correct the alleged violation unless, in the
opinion of the Administrative Official, there is an imminent peril to the life and
property o f persons adjacent t o t he alleged violation i n which case t he alleged
violation shall be corrected immediately.
Where alleged violations can be determined by the Administrative Official using
equipment normally available to the City or obtainable without extraordinary
expense, such determination shall be made before notice of violation is issued.
Where technical complexity or extraordinary expense makes it unreasonable for the
City to maintain the personnel or equipment necessary to make the determination or
violation, the Administrative Official shall, after approval by the City Commission,
call in properly qualified experts to make the determination. If expert findings
indicate a violation of the required performance standards for a hazardous or
nonhazardous use, the cost of the determination shall be assessed against the
properties or persons responsible for the violation in addition to the penalties
prescribed by the ordinance. If no violation is found, cost of the determination shall
be paid for entirely by the City or if the alleged violation originated with an
individual other than a City Official, cost of the determination shall be paid for
entirely by such individual.
SECTION 9.0
JUNKYARDS
All areas used for the purpose of storing, processing and/or dismantling of materials shall be
screened from surrounding areas by a continuous, nonperforated and solid wall or fence at least
seven feet (7') in height. Such wall or fence shall be approved by the Planning and Zoning
Commission and shall be maintained in conformance with this Schedule for as long as the use
continues to exist. Such wall or fence shall not be utilized for advertisements and/or signs. When
such wall or fence abuts a street right-of-way, the side of the wall or fence facing such street right-
of-way shall be landscaped in a manner approved by the Planning and Zoning Commission.
Materials shall not be stored or stacked so as to be visible above the height of the fence or wall.
SECTION 10.0
MISCELLANEOUS BUSINESS AND SERVICES, COMMERCIAL
AMUSEMENTS, WHOLESALE AND STORAGE AND
MANUFACTURING
All outdoor storage and/or display accessory to miscellaneous business and services, commercial
amusements, wholesale and storage and manufacturing shall comply with the following regulations:
Outdoor storage and/or display shall be prohibited for all miscellaneous business and
services, commercial amusements, wholesales and storage and/or manufacturing activities
E-14.
2/8/03
which are by definition required to be indoors.
Outdoor storage and/or display shall be permitted for all miscellaneous business and
services, commercial amusements, wholesale and storage and/or manufacturing which are by
defi.nition permitted to be outdoors provided that no such outdoor display and/or storage of
equipment, vehicles, materials, structures, buildings, fuel, tanks, memhandise, products or
materials shall he permitted within any required front or side yard or building setback.
The term "outdoor storage and/or display" when used in conjunction with the term "outdoor"
related to domestic and business service, landscaping service establishment, auction sales
establishment, aimraft sales establishment, small animal boarding kennel, veterinarian and
animal hospital and/or commercial amusements or when used in conjunction with the term
"outdoor" and/or "tank" related to nonhazardous and/or hazardous wholesale and storage
and/or manufacturing shall include the outdoor storage and/or display of equipment,
vehicles, materials, structures, buildings, fuel, tanks, merchandise, products, goods,
commodities or other similar items that may be identified by the Administrative Official. All
such outdoor storage and/or display shall be surrounded by a continuous, nonperforated and
solid wall or fence at least seven feet (7') in height. Such wall or fence shall be approved by
the Planning and Zoning Commission and shall be maintained in conformance with this
Schedule for as long as the use continues to exist. Such wall or fence shall not be utilized for
advertisements and/or signs. When such wall or fence abuts a street right-of-way, the side of
the wall or fence facing such right-of-way shall be landscaped in a manner approved by the
Planning and Zoning Commission.
SECTION II.0 MINING AND EXCAVATION
All mining and resource extraction such as but not limited to sand and peat excavation shall be
conducted according to an excavation and reclamation plan approved by the City Commission
pursuant to procedures for PD, Planned Development rezonings. Because of the high potential for
surface and groundwater contamination associated with mining and extraction activities, a horizontal
impervious layer (possibly including a portion of the extracted resource) shall, if feasible, be left
undisturbed and unpenetrated beneath all excavated areas. The amount and location of the
im.p.ervious layer to remain intact, if any, will be determined by soil surveys prior to excavation. The
m~mng operator or owner shall submit to the Administrative Official said excavation and
reclamation plan as part of the Planned Development Project Master Plan which shall include but not
be limited to the following information:
A. Quantity of material to be mined or extracted.
B. Scaled plans and drawings that indicate area and dimensions of proposed mining.
C. Timeframe, dates and phasing of each increment of mining or extraction activity.
D. Soil survey prepared by a geotechnical engineer registered in the State of Florida depicting
12/8/03 E- I ~.
the feasibility of retaining an impervious layer of material and amount and location of such
impervious layer.
Restoration and reclamation plan including scaled drawings and plans that indicate restored
elevations, restoration materials, landscape, revegetation, structures and uses after mining or
each phase or increment thereof has been completed.
Setbacks, buffers, fencing, landscaping and other methods of protecting adjacent land from
adverse impact of proposed mining activities.
Hydrologic survey prepared by hydrology engineer registered in the State of Florida
depicting the ground water conditions and impact of the mining and excavation activity on
same.
Section 11.1 MINING CRITERIA
All mining shall comply with the following criteria and standards:
Setbacks to the edge of the excavation shall be a minimum of one hundred feet (100') from
the right-of-way line of any public road and from all property lines provided however that
the setback shall be two-hundred feet (200') from land zoned residential and/or existing
residential land uses located offthe site. In addition, setbacks to the edge of the excavation
shall be a minimum of three hundred feet (300') from wetlands or natural surface waters,
two hundred and fifty feet (250') from private wells and five hundred feet (500') from
public potable water wells.
No stockpiling of earth from any mining or excavating operations may be within the setback
areas. Setback areas shall remain undisturbed during the borrow operation except for access
roads as shown on the approved plans.
Property comers shall be set with Permanent Reference Monuments (P.R.M.s) at the
property comers. Buffer areas shall be flagged prior to start of work.
The entire perimeter of the site shall be enclosed with at least four feet (4') high hog wire
fence plus two (2) strands of barbed wire reaching a total height of at least six feet (6'), or
equivalent fence, prior to the start of operation. An access gate which shall be locked and
secured when the borrow pit is not in operation and provides a minimum opening width of
twenty feet (20') shall be installed.
Warning signs a minimum size of thirty-two (32) square feet shall be located prominently at
the perimeter of the site on each side of the property not more than five hundred feet (500')
apart and at the entrance. The sign shall have a white background with twelve inch (12")
high red letters stating "Posted, No Trespassing, Construction Site." The sign at the entrance
shall also contain the Owner or Operator's emergency daytime and nighttime phone numbers
for the Fire and Police Departments' use in the event of emergencies. Vehicular control
signs shall include a thirty inch (30") high-intensity "Stop" sign at the exit and a forty-eight
inch (48") "Tracks Entering and Leaving Highway" in each direction from entrance shall be
posted. Signs shall conform to M.U.T.C.D. Standards.
Ed6.
12/8/03
1218103
F. Side slopes of the finished excavation shall be as follows:
1. Wet ponds - 6:1 (six foot horizontal to one foot vertical) to a water depth of three feet
(3'), then 2:1 to a water depth of six feet (6') then 1:1 to the bottom. A minimum
water depth of six feet (6') and a minimum surface width of fifty feet (50') is
required to prevent the creation of a stagnant pool.
2. Dry ponds - 4:1 slopes.
G. Traffic control is the responsibility ora pit, mine or excavation operator. Traffic control
shall be provided by the said operator when deemed necessary by the Administrative
Official.
H. All operations accessing paved roads shall provide a driveway paved with asphalt or
concrete to industrial standards from the edge of the existing paved road to the right-of-way
line, at the entrance to the site and, when located on a two-lane road, shall widen the
opposite side of the road by six feet (6') from radius point to radius point to provide an
adequate turning area. The applicant is responsible for restoration of any and all damages to
roads resulting from the hauling operation. The gates of all trucks shall be cleaned prior to
exiting the site and the pit, mine or excavation operator shall remove all dirt from the
pavement at the end of each day and during the day if necessary.
I. All operations accessing unpaved roads shall be responsible for fufl-time maintenance of the
unpaved road at the applicant's sole expense in a condition satisfactory to the City's Public
Works Department. Equipment for grading and watering of the road shall be available and a
schedule for the maintenance approved prior to the start of work.
J. Quality of effluent water shall meet Florida Department of Environmental Protection
(F.D.E.P.) regulations for the type of receiving surface water. The F.D.E.P. classification of
receiving waters shall be shown and the pre-treatment methods to be used prior to discharge
shall be detailed. Well point water may not require pre-treatment prior to discharge,
however, all water removed by other methods shall require pre-treatment. The more
stringent of F.D.E.p. regulations or this schedule with respect to dewatefing shall apply.
K. A minimum separation often feet (10') between the bottom of any pit, mine, excavation or
lake pit and the top of the sub-surface limestone formation shall be maintained.
L. Reclamation and revegetation plantings shall, at a minimum, be planted as follows:
I. Installation of plantings shall begin with thirty (30) days following completion of the
borrow, mining or excavation operation and be completed within ninety (90) days of
starting date. A Certificate of Completion shall not be issued until the reclamation
plantings have been completed.
2. Borrow pits, mines or excavation activities which result in the creation of a lake or
pond shall provide plantings of a mixture of at least two (2) species each of native
wetland trees, shrubs, plants and grasses in, along and within fifty feet (50') of the
water to achieve a cover of at least seventy percent (70%) above normal water level
at the end of one year and ninety percent (90%) above normal water level and sixty
percent (60%) below normal water level at the end of two (2) years. A minimum of
one (1) tree two-inches (2") in diameter at breast height, and twelve (12) tree
saplings, a minimum of twelve inches (12") in height, shall be planted for every one
thousand (1,000) square feet of property to be reclaimed or revegetated.
3. Plantings of a mixture of at least three (3) species each of native trees, shrubs, plants
and grasses shall be planted in and upon disturbed uplands to achieve a cover of at
E-17.
least seventy percent (70%) at the end of one (1) year and ninety percent (90%) at the
end of two (2) years. A minimum of one (1) tree, two inches (2") in diameter at
breast height, and twelve (12) tree saplings, a minimum of twelve inches (12") in
height, shall be planted for every five hundred (500) square feet of disturbed uplands
property.
4. A landscape in compliance with Schedule J and approved by the City Commission
may be substituted for the requirements of 2. and 3. above provided that the property
will be redeveloped into a commercial, industrial and/or residential use.
5. Topsoil or natural organic material shall be placed in all disturbed areas to provide
soils enrichment necessary for healthy plant growth.
6. Lakes shall be stocked with native freshwater fish in order to more quickly establish
a wildlife habitat. Lakes shall be stocked with a minimum of fifty (50) fingerings
per acre of water after completion of shoreline plantings.
7. The property owner shall guarantee for a period of no less than tw9 (2) yearn, the
growth and establishment of the plantings by the posting of a bond or other
instrument acceptable to the City. During the two (2) year period, the owner shall be
responsible for all continuous maintenance necessary to ensure growth, to'correct
and control erosion, to replace vegetation that has failed to smwive and to remove all
vegetation not acceptable to the City and which exceeds ten percent (10%) of the
reclamation plantings.
The conversion or use of any borrow pit, mine or excavation site as a landfill is prohibited.
The conversion or use of any lake or pond created as a result of a borrow pit, mine, or
excavation site as a stormwater retention area in circumstances in which seventy pement
(70%) or more of the resulting pond exceeds ten feet (10') in depth may be permitted only if
a separate retention area provides pollution control volume for the first one-half inch (1/2")
of runoff prior to discharge into the pit.
If the mining is not completed or to be completed as planned and set forth on plans approved
by the City, the owner shall apply to amend and modify such plans through the same
procedures in which they were approved.
SECTION 11.2 BOND
As a condition for granting of a permit for mining activities, the applicant shall post a bond or other
instrument acceptable to the City in compliance with Article VII, Improvements and Maintenance
and Article IX, Development Agreements as set forth in these regulations. Such bond shall be posted
prior to the issuance of a permit to conduct the proposed mining activity. The bond shall be devised
so that it will be valid for as long as construction is active and in order to guarantee that the applicant
corrects any damage that may occur to public streets or roads, adjacent structures or wells, or to the
environment, and to assure that the borrowing, mining or excavation conforms to the specific
requirements of these land development regulations and to any special conditions made by the City
Commission at the time of approval of this application, such bond shall continue to be valid for a
minimum period o f t~vo (2) years and up to five (5) years after the completion of the mining activity
and issuance of the certificate of completion by the City as determined by the City based upon site
conditions, location and other matters generally considered in making land use decisions.
E-18.
12/8/03
SECTION 12.0 HAZARDOUS WASTE AND MATERIALS
All users and generators of hazardous waste and material located in the Cit~ of Sanford shall
submit plans, procedures and documentation to the Administrative OffiCial to insure that
such waste and material is properly stored, disposed and processed. The Administrative
Official shall have the authority to require that such plans, procedures and verification
include but not are necessarily limited to the following:
On-Site Plans, Procedures and Facilities. Explanation of procedures, processes
and facilities to be utilized for the storage, disposal and processing of hazardous
waste and materials.
Public Agencies. Documentation from responsible public agency that hazardous
waste and materials plans and programs for the premises in question are approved
and/or in compliance with applicable requirements. Such responsible public
agencies shall include one or more of the following:
U.S. Environmental Protection Agency
U.S. Department o f Transportation
Florida Department of Environmental Protection
Florida Department of Transportation
Florida Department of Community Affairs
Florida Department of Labor and Security
Florida Department of Law Enforcement
Florida Department of State
St. Johns River Water Management District
Private Agencies. Documentation from private agencies may include information,
contracts, agreements, procedures and similar materials fi'om private waste
management companies employed by the owner to dispose of hazardous waste and
materials from the premises in question.
The Administrative Official shall approve, approve with conditions or disapprove such plans,
procedures, processes and facilities for the disposal, storage and processing of hazardous
waste and materials. The Administrative Official shall be authorized to require the following
conditions for users and generators of hazardous waste and materials:
For large quantity generators (companies, subdivisions or projects that generate in
excess of 2,200 lbs./month), the establishment of on-site storage/transfer/treatment
facilities for hazardous wastes.
Verification of conformance to Florida Department of Environmental Protection's
toxic substance disposal permitting requirements at specified intervals.
2/8/03 E- 19.
Arrangements with a permitted waste management company to pick up and transfer
waste from the premises on a regularly scheduled basis.
Participation in a household/low-volume hazardous waste collection system.
SECTION 13.0 COMMUNICATION TOWERS
Communication towers include towers greater than thirty-five feet (35') in height (including antenna)
which support communication equipment. Communication towers do not include amateur radio
operator's equipment, as licensed by the Federal Communications Commission (FCC).
Communication towers include self-supporting lattice, guyed, and monopole types as well as any
other type of tall structure deemed to be a communication tower by the Administrative Official.
Separation Standards. Towers shall be separated from single and two-f~imily dwelling
units and vacant land zoned single-family residential a minimum distance of two hundred
feet (200') or a distance equal to three hundred percent (300%) of the height of the'tower,
whichever is greater.
Towers shall be separated from existing multiple-family dwelling units a minimum distance
of two hundred feet (200') or a distance equal to three hundred percent (300%) of the hei
of the tower, whichever is greater. Further, towers shall be separated from the property
line(s) of adjacent vacant land(s) zoned multiple-family residential for a minimum horiz<Jatal
distance that is equal to the vertical height of the tower in question.
Separation distances shall be the shortest distance between the tower structure and the
property line of the residential use or zoning in question.
Lighting. Communication towers shall not be artificially lighted except as required by the
Federal Aviation Administration (FAA).
Color. Communication towers not requiring FAA painting/marking shall have either a
galvanized finish or a non-contrasting blue, grey or black finish.
Fencing. A minimum eight feet (8') tall vinyl coated chain link fence or masonry wall with
access through a locked gate shall be provided around each communication tower.
Landscaping. A row of shade trees a minimum of eight feet tall (8') at time of planting and
a maximum of ten feet (10') apart shall be planted around the outside perimeter of the fence.
A continuous hedge of a minimum thirty inches (30") in height at planting with shrubs
spaced a maximum of thirty inches (30") apart shall be provided in front of the tree line. All
landscaping shall be of the evergreen variety and irrigated or xeriscape tolerant and shall be
properly maintained.
12/8/03
Modification. Existing communication towers may be modified or rebuilt to an additional
E-20.
12/8/03
twenty feet (20') in height greater than the original height to provide for co-location of
additional communication equipment. The height of such modified or rebuilt tower shall
comply with separation requirements from residential uses and zoning districts as set forth in
paragraph A, above.
Abandonment. Discontinued use of a communication tower for 180 consecutive days shall
be deemed abandoned. Determination of the date of abandonment shall be made by the
Administrative Official who shall have the fight to request documentation and/or affidavits
from the communication tower owner/operator regarding the issue of tower usage. Upon
such abandonment, the owner/operator shall either dismantle and remove the tower, request
to reactivate the use of the tower or transfer the tower to anothe~ owner/operator.
Antennas. Antennas mounted on existing buildings or structures shall not exceed a
maximum of twenty feet (20') above the highest point of the structure or twenty percent
(20%) of the building height, whichever is greater. Antennas shall be set back from the edge
of the building or structure a minimum of ten feet (10') or ten percent (10%) of the roof
depth, whichever is greater.
Coiocati.on. The City of Sanford desires to minimize the number and general proliferation of
commumcat~on towers. This section Is Intended to insure that communication towers that are
permitted within the City of Sanford are utilized in a manner that provides for the maximum
number of service providers upon each tower within the context of technical feasibility and
safety. Further, this section is intended to minimize the number of such towers within the
City of Sanford. Specifically, as a minimum, communication towers exceeding one hundred
feet (100') in height shall be engineered and constructed to accommodate a minimum of two
(2) communication service providers, e.g., one (1) additional provider. The City shall have
the authority to require, specify and otherwise stipulate that communication towers be
engineered and constructed in a manner that provides for two (2) or more colocations as part
of the co.ndit!onal use and/or site plan approval processes As a condition of approval of all
co.mmumcat~on towers and to the extent that colocation is technically feasible, all owners of
existing communication towers shall, upon request of another service provider and for
reasonable and agreed upon consideration, permit additional communication service
providers upon such existing communication tower. Applicants desiring to construct new
commumcat~on towers shall submit written documentation that clearly explains the need for
and reasons for the proposed construction of a new communication tower rather than
locating proposed antenna array/communication equipment upon an existing tower. Such
documentation shall include plans of existing and future towers by the applicant]provider in
question, correspondence with existing communication tower owners and may include a cost
analysis of alternatives. Existing service providers, e.g., existing communication tower
owners, that are unwilling, upon request of another service provider, to allow colocation
upon such existing tower, shall submit written documentation to the City with reasons and
justification as to why such colocation cannot be accomplished. Competition between
service providers shall not be considered to be a valid reason for preventing or otherwise
obstructing colocation. The City shall determine whether the applicant and/or the existing
provider are reasonable and correct in their respective assertions. If the City determines that
E-2I.
either party is being unreasonable or otherwise uncooperative, the City shall deny the
applicant's request for a new tower and/or the City may cause the existing communication
tower's approval to be revoked and said existing tower to be removed. Such determination
involving existing tower owners shall be made in writing and adopted by a majority vote of
the City Commission upon holding an advertised public hearing and notification of the
owner at least fifteen (15) days prior to such hearing. Upon adoption of such determination
by the City Commission, the existing tower owner and the property upon which such tower
is located shall be considered to be a violation of the City's Land Development Regulations
and shall be subject to any and all remedies and penalties thereof.
SECTION 13.1 BOND
As a condition for granting a permit for a communication tower, the applicant shall post a bond or
other instrument of surety acceptable to the City and issued by a surety or financial institution
acceptable to the City in compliance with Article VII, Improvements and Maintenance and Article
IX, Development Agreements as set forth in these regulations. Such bond shall be posted prior to the
issuance of a permit to construct a communication tower. The bond shall cover the cost' of the
removal of the tower and any associated structures, foundations, slabs, fencing and equipment as
well as the cost to restore the premises to a presentable condition that is suitable for redevelopment.
The bond shall be devised so that it will be valid during the time that the tower is in operation. If the
tower is no longer operational, the tower and any associated structures, fencing foundations, slabs
and equipment shall be removed by the property owner or permittee from the premises and the
premises restored to a condition that is both suitable for redevelopment and presentable to the
general public. Should the tower not be removed within one hundred eighty (180) days of its
ceasing to be operational, the bond shall provide that the City may call the bond and cause the
removal of the structure(s). Any excess costs shall be the responsibility of the property owner and
permittee. The bond shall provide for an irrevocable right of entry for the City for the purpose set
forth in this Section.
SECTION 14.0
COMPATIBILITY STANDARDS FOR COMMUNITY RESOURCE
FACILITY
Proposed community resource facilities shall provide any and all information necessary to ensure
that such use(s) and/or activity(ies) are compatible with proximate uses and zoning. It shall be the
responsibility of the applicant proposing a community resource facility to prove that the subject
community resource facility is compatible prior to permitting such use. Compatibility criteria shall
include the following in addition to other generally accepted planning practices and principles:
A. Consistency with the City of Sanford Comprehensive Plan;
Consistent with and supportive of the City of Sanford Strategic Plan, the Lake Monroe
Waterfront and Downtown Sanford Redevelopment Plan and other plans and policies of the
City of Sanford;
E-22.
12/8/03
A Development Plan that meets all requirements of the City of Sanford Land Development
Regulations including, but not limited to, adequate parking and traffic circulation facilities,
building setbacks, landscape and buffer requirements;
Separation of at least one thousand five hundred feet (1,500') from any other activity that
the Administrative Official determines to be another community resoume facility. The City
Commission may waive this provision during the approval process if the Commission
determines that the proposed community resoume facility primarily serves the interests of
the specific neighborhood. Churches shall not be included or otherwise considered
regarding this one thousand five hundred (1,500) foot separation provision.
E. Adequate sound-proofing to ensure that noise does not unreasonably disturb neighbors;
Adequate off-street parking and traffic circulation facilities to insure that adjacent
neighborhoods and businesses are not adversely impacted by excessive on-street parking
and/or traffic circulation.
G. Provisions to ensure adequate police protection and related public safety considerations;
H. The proposed use is not detrimental to the character or development trends in the area.
.The Planning and Zoning Commission is authorized to recommend and the City Conunission
~s authorized to impose reasonable and adequate stipulations and conditions upon
community resource facilities in order to ensure that such facilities are compatible to
adjacent properties and neighborhoods. The Planning and Zoning Commission shall make a
recommendation to the City Commission. The City Commission h as final authority to
approve, approve with conditions or deny the use of any property for a community resource
facility.
SECTION 15.0 URBAN INFILL REDEVELOPMENT PROJECTS.
Ao
Purpose and Intent. The purpose of the urban infill redevelopment program is to
encourage the development of vacant infill tracts and lots throughout the City and the
redevelopment of properties which may be problematic or otherwise unique. Acknowledging
that it may not be economically feasible or attractive to develop or redevelop many of the
smaller properties throughout the City under the existing land development regulations, the
urban infill program gives the City the flexibility to determine the worthiness of those
projects that cannot strictly comply with all the land development regulations that xvould
normally be applied to the project provided that the project a can meet the general intent of
the Comprehensive Plan and the land development regulations as applied consistent with the
purpose and intent of this Section and sound and generally acceptable planning and land use
principles and practices.
The urban infill redevelopment program ensures that the proposed development is designed
and located utilizing innovative techniques and characteristics that are beneficial to the City.
E-23.
12/8/03
Criteria for the urban infill redevelopment (UIR) projects are intended to ensure that a
proposed development improves the character of the neighborhood in which it is located and
improves the City as a whole; that flexibility in the design is used to construct a project that
is superior to a project strictly and rigidly designed consistent with the land development
regulations; and that the use is compatible with the surrounding properties.
In exchange for a better project, the developer may vary some of the standards and criteria of
the land development regulations including, hut not limited to, density, building setback,
height, lot size and floor area ratio pursuant to a negotiated development order with the City.
Bo
Do
12/8/03
Permitted Use. Urban infill redevelopment projects are permitted uses in all zoning
districts.
Conditional Use. All urban infill redevelopment projects shall be reviewed as conditional
uses.
Standards for Non-Residential and Multiple Family UIR Projects. Non-
residential urban infill projects shall be consistent with the following criteria:
2.
3.
4.
6.
7.
8.
The proposed land uses in the UIR project are permitted within the City of Sanford.
The proposed land uses in the UIR project are compatible with adjacent land uses.
The design creates a form and function that enhances the character of the community.
The flexibility granted by the City, regarding densities, intensities, building height,
lot width, building setbacks, and off-street parking standards, is justified by the
benefits to the public good and the ability of the project to assist the City of Sanford
in achieving its redevelopment, renewal and revitalization goals as stated in the
Comprehensive Plan, the Strategic Plan, the Redevelopment Plan and Finding of
Necessity for the Community Redevelopment Area (CRA) and/or the Downtown
Sanford/Lake Monroe Waterfront Redevelopment Plan.
Adequate off-street parking is available either on site or in the immediate vicinity
through a shared parking agreement.
The design of the proposed development complies with the design guidelines for the
Downtown Historic District, if applicable.
The proposed project is located in the established areas of the City of Sanford which
are served by existing public facilities.
The proposed project complies with the requirements of the St. John's Water
Management District.
Criteria for Residential UIR Projects. Residential UIR projects shall be consistent with
the following criteria:
The proposed land uses in the UIR project are permitted within Residential Land Use
Categories shown on the City of Sanford Future Land Use Map.
The proposed land uses in the UIR project are compatible with adjacent land uses.
The design creates a form and function that enhances the character of the community.
E-24.
6.
7.
8.
The flexibility granted by the City, regarding building height, lot width, building
setbacks, and off-street parking standards, is justified by the benefits to the
community character.
The development of the residential UIR project will improve the surrounding area.
The design of the proposed development complies with the design guidelines for the
Downtown Historic District, if applicable.
The proposed project is located in the established areas of the City of San ford which
are served by existing public facilities.
The proposed project complies with the requirements of the St. John's Water
Management District.
SECTION 16.0 MULTIPLE FAMILY HOUSING DESIGN GUIDELINES.
Ao
12/81(/3
Purpose. These design guidelines are intended as a reference to assist the designer in
understanding the city's goals and objectives for high quality, multiple-family residential
development. Multifamily housing, because of its higher densities, tends to generate large
parking areas and decreases private open space. If not properly designed, parking facilities
can dominate the site and open spaces may be relegated to leftover areas, not related to the
structures or the people who live there. The result of such a condition may be that the
development is incompatible with existing and planned developments in the surrounding
area. However, if special attention is paid to site and building design features, even large
muir,family projects can be made compatible with the City's overall character and
appearance. In the design of multifamily developments, emphasis should be placed on
giving each unit or each small cluster of units a sense of individual identity rather than an
anonymous 'project' appearance.
Applicability. These design regulations shall apply to all multiple family residential
developments except for those developments located in the Waterfront Downtown Business
District (WDBD) where a higher density and more urban character is advocated.
Site Plan Requirements.
1. Project Entries. The project entry provides the resident and visitor with an overview of
the project. Special attention should be given to hardscape and landscape treatments to
enhance the overall project image.
A project directory shall be provided near the entry to direct residents and visitors to
recreational facilities, manager's offices, clubhouses and residential buildings.
The entry shall be gated. The development shall comply with Sections 3.3 and 3.4 of
Schedule J, Landscape, Buffer and Tree Requirements of the Sanford Land Development
Regulations. In addition, a minimum four (4) foot masonry wall shall be constructed
along all property lines that are not required to have a visual screen pursuant to Sections
3.3 and 3.4 of Schedule J, Landscape, Buffer and Tree Requirements of the Sanford Land
Development Regulations.
E-25.
Entry Drives. The principal vehicular access into and through a multifamily housing
project shall be by means of an entry drive rather than a parking drive. The entry drive
shall be similar to a roadway in a single-family subdivision. The entry drive shall
provide access to driveways and parking courts. A colored and/or textured paving
treatment at the entry to the development is encouraged.
Building Siting. Residential buildings shall be sited to relate to the entry drives, so that
their 'best' side is facing the entry drive. All facades that face a curb or roadway shall be
a single-family elevation.
Clustering of Units. Clustering of multifamily units shall be a consistent site planning
element. Structures composed of a series of simple yet varied planes assure compatibility
and variety in overall building form.
Parking. Parking for residential buildings shall be either in garages, driveways or
parking courts that are accessed from the main entry drives. Multiple, small 15arking
courts shall be constructed in lieu of large lots. Parking areas shall be adjacent to, and
visible from, the residential buildings that use them to allow for casual surveillance.
Parking courts should be separated from each other by dwelling units or by a landscaped
buffer not less than thirty feet wide. There should be no more than an average of ten
spaces of uninterrupted parking, whether in driveways or open parking areas.
Open Space. There shall be a minimum of fifty percent (50%) open space in each
multifamily development. Locate public open spaces so that they can be viewed from
individual units.
Mechanical Equipment. All mechanical equipment, whether mounted on the roof or
ground shall be screened from view. All screening devices shall be compatible with the
architecture and color of the dwelling structures.
Common Facilities. Common facilities, such as club houses, laundries and management
offices, shall be located centrally in the interior of the development and shall be linked to
the residential buildings by lighted pedestrian pathways and common open space areas.
Street signs and street lights shall be of a uniform and decorative design.
All dwelling units shall have individual street addresses.
All multifamily developments shall provide a covered shelter at the entrance to the
development where children can wait for the school bus. The design and material of the
shelter shall be consistent with that of the dwelling unit buildings and/or of the
surrounding decorative wall.
Mail delivery areas shall be covered and conveniently located to the residential
buildings.
E-26.
Do
2/8/O3
Trash and recycling areas shall be landscaped on three (3) sides and shall be located at
convenient walking distances to each dwelling unit.
All multifamily developments shall contain recreational facilities for the enjoyment of
the residents and their guests at a rate of two hundred (200) square feet per dwelling unit.
Playgrounds shall be centrally locate to allow for adult supervision from dwelling units
or from a central facility such as a laundry.
All multifamily developments with more than 20 residential units shall contain an area
designated and designed as a car wash facility.
Building Design. Them is no pan'icular architectural style proposed by these regulations for
multifamily residential structures. The primary focus should be on constructing a high
quality residential environment. The design of multifamily developments shall consider
compatibility with the single-family character and scale of the City's residential areas.
Units per Building. There shall be no more than eight (8) dwelling units per
building.
Building Articulation. Long, unbroken facades and box-like forms shall be avoided.
Building facades shall be broken up to give the appearance ora collection of smaller
structures and each of the units shall be individually recognizable. This can be
accomplished with the use of balconies and varied setbacks and projections which
help articulate individual dwelling units or collections of units, and by the pattern
and rhythm of windows and doors. The use of rows of balconies which give the
building a 'motel' look shall be avoided.
Dwelling Unit Access. Breezeways shall be prohibited. Each dwelling unit shall be
accessed by a private exterior entry. Entries shall be prominent and visible. This shall
be accomplished through the use of distinctive architectural elements. Clusters of
entrances shall be avoided. Ground-level entries are preferred for all units. Where
exterior stairs are used to access upper-story units, they should be simple and clean
and complement the architectural massing and form of the structure. Stairs should be
made of smooth stucco, plaster or wood with accent trim of complementary colors.
Thin-looking, open metal and prefabricated stairs are prohibited.
Building Height. The overall height of the buildings should be similar to that of
other buildings in the neighborhood. Buildings shall be no more than two stories on
properties adjacent to single-family dwelling units or single family zoning districts.
On other properties, buildings interior to the development and separated from
adjacent properties by two hundred (200) linear feet and a two (2)-story building may
be three (3) stories.
Building roof lines may exceed thirty-five (35) feet in height provided that the height
above thirty-five (35) feet is for decorative purposes only and does not include
E-27.
habitable space. Roof lines should be varied in height and plane and contain
dormers, pediments, chimneys, secondary hipped or gabled roof lines or other
decorative embellishments to create visual variety and interest. The height of the
roof shall be proportionate to the height and mass of the building.
Balcony/porch Requirement. All dwelling units shall have a useful private open
space such as a balcony, porch, deck or patio.
Garages and Storage. At least 50% of the dwelling units in each building shall have
garages accessed directly from the dwelling unit. Garages shall be counted toward
the parking requirement.
Detached garages and storage units shall be designed in the same sWle and with thc
same materials as the dwelling unit buildings. Detached garages.or storage units
shall be provided in an amount not less than twenty (20) pement of the total number
of dwelling units.
All garages shall have sectional roll-up doors with automatic openers.
SECTION 17.0 ADULT ARCADE AMUSEMENT CENTERS
Conditional Use Required. Adult arcade amusement centers are hereby permitted in the
MI2 and RI1 land use categories/zoning districts or classifications upon the granting of a
conditional use/special exception issued in accordance with the processes and procedures set
forth in this Code; provided, however that bonafide charitable organizations that have been
awarded Section 501 (c)(3) status under the Internal Revenue Code of the United States may
operate five (5) or fewer games of amusement, chance or skill on their premises which
operation would otherwise subject the premises to regulation under the provisions of this
Ordinance.
B. Locational Standards for Adult Arcade Amusement Centers.
Location. No conditional use/special exception shall be granted for an adult arcade
amusement center that would be located within 1,500 feet of a pamel of property
which is assigned a land use designation or zoning classification which permits a
single family residence or on which a single family residence is located, another
adult amade amusement center, a public or private school, a day care facility, a
church or house of worship, a public library, an alcoholic beverage establishment or
a public park. The required 1,500 feet minimum separation shall be measured from
the nearest point of,ne use to the nearest point of the other use in a straight line. An
adult arcade amusement center shall not be located within the same development,
plaza or center as any other adult arcade amusement center regardless of separation
distances.
E-28.
12/8/03
Co
2181(13
Hours of Operations. Adult arcade amusement centers are prohibited from being
open past 11:00 p.m. and prior to 9:00 a.m.
Signage. The use of any imagery on a sign referencing gambling including, but not
limited to, slot machines, poker wheels, or any other similar machine or device shall
not be permitted when visible from the e~terior of the enterprise Or business
including, but not limited to, wall signage and window signage. The use of strip
lighting is prohibited.
4. Parking. Parking requirements for adult arcade amusement center shall be
prescribed in the development order granting the conditional use/special exception.
Special Permit Criteria. The following requirements shall apply to all adult arcade
amusement centers and shall be set forth as conditions in all conditional uses/special
exceptions issued to permit an adult arcade amusement center:
1. The person operating or conducting the enterprise or business shall inform the City
Manager, or designee, as to changes in the information required in this Section.
2. A permit shall not be issued ifa person with an interest in the enterprise or business,
or an employee of the business, has been convicted of a violation of a Federal or
State statute or any local ordinance pertaining to gambling or any other crime
involving moral turpitude within five (5) years preceding the application for the
conditional use/special exception.
3. The applicant shall be twenty-one (21) years of age or more.
Occupational License and Registration. The requirements set forth herein for the
applicant for the conditional use/special exception shall apply to each and every subsequent
owner and operator of the enterprise or business operating under the conditional use/special
exception:
As a prerequisite to the issuance of an occupational license for the enterprise or
business, an inspection shall be made of the premises by the City Building Official.
the City Fire Marshall, and the City Chief of Police, or their designee, each of whom
must approve the issuance of such occupational license.
Registration for each amusement device, however operated, is required at the time of
application for an occupational license. For each machine registered, a numbered
metal t ag o r plastic decal s hall b e issued t o t he applicant for e ach machine s o
covered. Application for machine registration stickers must disclose the location
where the machine is to be operated, the manufacturer of the machine, the
manufacturer's serial number, and the software version, if any. Registration stickers
are not transferable from person to person, place to place, or machine to machine.
No machine will be eligible for a registration sticker if its operation involves any
material elements of chance, unless:
E-29.
Fo
The applicant submits with the application, satisfactory proof that the
applicant has registered with the United States Department of Justice
pursuant to 15 United States Code 1171, and
The applicant submits with the application, the records required under
Federal law to be maintained by those who register under 15 United States
Code 1171, and certifies the machine bears the permanent marking required
by Federal law.
The applicant shall keep the registered machines, the records of acquisition, location
and disposition required by Federal law, and records of prize awards open to police
inspection at any time.
Applications. No person shall operate or conduct an adult arcade amusement center for use
by the general public in the City for the reward of money or other reward without flint
obtaining an occupational license. A person desiring to apply for such a license shall make
au application therefore in writing on a form prescribed by the City Manager, or designee,
which application shall set forth, at a minimum, the following:
1. The name under which the enterprise or business is to be conducted;
2. The location at which the enterprise or business is to be carried on;
3. The name, address, and principal occupation of every person with an interest in the
enterprise or business;
4. The number of machines to be exhibited;
5. The serial numbers, manufacturer, and name of each machine; and
Whether the applicant has ever been engaged in operating an amusement arcade, of
whatsoever type or nature, and when, where and how long in each place within five
(5) years preceding the date of application.
Operations. The adult arcade amusement center shall conform to the following
requirements:
An adult who is twenty-one (21) years of age or older shall be on the premises of the
adult arcade amusement center and shall supervise the operation thereof at all times
during all hours of operation.
2. No alcoholic beverages including beer and wine shall be consumed on the premises of an
adult arcade amusement center.
E-30.
12/8/o3
3. N° person under the age ofeighteen (18) years is permitted on the premises ofan adult
area.de amusement center before 4:00 p.m. on any day the public or private schools are in
session, unless such person is accompanied by his or her parent or legal guardian.
4. The violation of any of the provision of this Ordinance shall be sufficient reason for the
City Commission to revoke the conditional use/special exception issued for the
enterprise or business.
Peace Disturbances; Gambling; Intoxicated Persons; Minors. No licensee or owner of
any adult arcade amusement center, or any servant, agent or employee of such a licensee or
owner, shall permit upon the premises housing a mechanical amusement devise arcade any
of the following:
1. Disorderly persons;
2. Gambling, or the use, possession or presence of gambling paraphernalia;
3. Intoxicated persons to loiter on the premises;
Loud noise or music to emerge from the licensed premises, which noise or music is
disturbing to the surrounding area; and
5. Any licensee or owner, or any servant, agent or employee thereof, shall be
presumptively deemed to have permitted the conduct enumerated in subsection (g)
hereof if it occurs on the premises housing an adult arcade amusement center.
E-31.
12/8/03
SCHEDULE J
LANDSCAPE, BUFFER AND TREE REQUIREMENTS
SECTION 1.0
PURPOSE AND INTENT
Landscape, buffer and tree protection requirements serve many purposes in the built-up
environment. Landscape provides visual and climatic relief from buildings, structures and broad
expanses of pavement; landscape buffers pedestrian and vehicular traffic; Trees provide shade,
scenic beauty and natural habitat.
In general, landscaping and buffers shall be designed to:
1. Enhance the urban development by blending natural and man-made environments.
2. Provide shade for paved surfaces.
3. Separate vehicular and nonvehicular use areas.
Define vehicular accessways and access points.
Screen vehicular movement, noise and glare.
Provide visual and physical separation of potentially incompatible land uses.
Incorporate water conservation features such as drought tolerant landscaping and reclaimed
water usage as required herein.
Landscape, landscaped areas, buffers and tree protection shall be provided and/or accomplished for
all premises in the manner set forth in this Schedule. Required landscaped areas shall be located at
or above grade unless otherwise prescribed in these Land Development Regulations. The minimum
provision of required landscape, landscaped areas, buffers and trees may be exceeded. Unless
otherwise prescribed, the most stringent provision of this Schedule shall prevail.
SECTION 1.1 DEFINITIONS: LANDSCAPE, BUFFERS AND TREE PROTECTION
The words or phrases defined below have special or limited meanings as used in this Schedule and
as used in this Schedule shall mean:
Accent tree - A small tree with attractive flowers, berries, leaves or bark used in the forefront ora
landscaped area to provide interest, emphasis or a focal point in the landscape.
Berm - Man-made earth contoured so as to form a mound above the general elevation of the
adjacent ground or surface and designed to provide visual interest, screen undesirable view and/or
decrease noise.
J-I
Buffer -. A combination of physical space and vertical elements such as plants, berms, fences, or
walls, whose purpose is to separate and screen incompatible land uses from one another.
Caliper - For the purposes of this Schedule, caliper shall mean the diameter of a tree measured at
breast height (dbh) which is four and one-half (4 ~/~) feet above the ground.
Canopy tree. Tall trees that form the uppermost leaf layer in a natural landscape as may be
required by these regulations.
Clear trunk. The distance between the top of the root ball and the point of the trunk where lateral
branching begins.
Commercial - All uses in RC-1, GC-2 and SC-3 Zoning Districts except One-Family Dwellings;
Nonresidential uses in PD Zoning Districts; All uses in RMOI Zoning Dislxicts except One-Family,
Two-Family and Multiple-Family Dwellings.
Common Area - That area which will be maintained by a homeowners association, City'service
area, or other form of cooperative organization. For purposes of these regulations, "common area"
does not include open space which cannot legally be disturbed.
Decorative Turf - Turf used purely for ornamental purposes having no use other than aesthetics.
Drip Line - The vertical line running through the outermost portion of the tree crown extending to
the ground.
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 have reflecting
surfaces or lenses (clear or prismatic) located below the lamp and visible from the side or above and
fixtures that can be mounted such that the shielding is ineffective are not considered fully shielded
lighting.
Groundcover- A Iow-growing plant, other than turfgrass, that, by the nature of its growth
characteristics, completely covers the ground and does not usually exceed two (2) feet in height.
Hatracking or Topping-Pruning a tree in such a way that the majority of limbs are removed and the
tree is left with only a trunk and the stumps of a few primary limbs, with little or no foliage or other
trimming or pruning that has the effect of preventing a tree from attaining its natural height or/or
shape.
Hedge - A row of evenly spaced shmbs planted to form a continuous unbroken visual screen.
Industrial - All uses in RI-1 and MI-2 Zoning Districts.
J-2
Landscape - Vegetative and inert materials including, but not limited to, grass, sod, shrubs, vines,
hedges, trees, flowers, berms and complementary structural landscape architectural features such as
rocks, fountains, sculpture, decorative walls and tree wells or other hardscape features.
Landscaped Area - Land area to be provided with landscape.
Landscaped Strip or Landscaped Island - Required landscaped areas containing ground cover,
shrubs, trees and/or other landscape used to divide parking areas, into individual bays.
Moisture Sensing Switch- A device which has the ability to shut off an automatic irrigation
controller after receiving a determined amount of rainfall.
Mulch - Non-living organic materials such as wood chips that is customarily placed around the base
of trees, shrubs and groundcovers for the purpose of retaining moisture and retarding weed
infestation and soil erosion. Also used in pathways and play areas.
Multiple-Family - Multiple-Family Dwellings in MR-I, MR-2, MR-3, RMOI and PD 'Zoning
Districts; Mobile Homes in SR-2 and PD Zoning Districts.
Native or Naturalizing Plant Species - Plant species native to the region or introduced which once
established are capable of sustaining growth and reproduction under local climatic conditions,
without supplemental watering.
Nonresidential ~ Pursuant to land use category headings reflected in Schedule B, Permitted Uses in
these land development regulations, all COMMERCIAL, TRANSIENT LODGING AND
ENTERTAINMENT, AUTOMOTIVE, MISCELLANEOUS BUSINESS AND SERVICES,
INDUSTRIAL and PUBLIC/SEMI-PUBLIC uses.
Parking Area - A paved ground surface area used for the temporary parking and maneuvering of
vehicles by employees, customers or residents providing an accessory service to a commercial,
industrial, or residential use.
Paved Ground Surface Area - Any paved area, excluding public rights-of-way, used for the
purpose of driving, maneuvering, parking, storing or display of motor vehicles, boats, trailers,
mobile-homes, and recreational vehicles including new and used automobile sales lots, other parking
lot uses, and paved outdoor sales areas.
Poodle Cut - Stripping off the lower branches of a tree and rounding or shearing the ends of the
greenery to create an unnatural shape.
Required Landscape - Any landscape required by this Schedule.
Required Landscaped Area - Any landscaped area required by this Schedule.
Residential - All uses in SR- 1 AA, SR-IA, SR-1, SR-2, MR-l, MR-2, MR-3 Zoning Districts; One-
Family, Two-Fanfily and Multiple-Family Dwellings in RMOI and PD Zoning Districts; One-Family
Dwellings in AG Zoning Districts.
J-3
Setback - The minimum setback requirement for all structures.
Shrub - A self-supporting woody species of plant characterized by persistent stems and branches
springing from the base.
Single-Family - One-Family Dwellings in SR-1 AA, SR-1 A, SR-1 and PD Zoning Districts.
Specimen Tree - A particularly fine or unusual example of any tree due to its age, size, rarity,
environmental value or exceptional aesthetic quality. A tree may also be designated a specimen due
to its association with historic events or persons. A specimen tree cannot be of a species that is
unacceptable pursuant to Section 5.2.
Tree - Any living, self-supporting, woody plant which normally grows to a minimum overall height
of fifteen (15) feet and usually has a single trunk.
Turf - Upper layer of soil bound by grass and plant mots into a thick mat.
Vehicular Circulation Area - Streets, rights-of-way, accessways, parking spaces, parking, loading
and unloading and other similar or related functions.
SECTION 2.0 LANDSCAPE REQUIREMENTS
SECTION 2.1 LANDSCAPE REQUIREMENTS FOR RESIDENTIAL USES
Landscape shall be provided for all residential uses in the following manner:
A. One- and Two-Family Dwellings - At least one (1) tree shall be located in the required
front yard of each dwelling unit for one-family dwellings and two-family dwellings.
SECTION 2.2 OFF-STREET PARKING AND VEHICULAR CIRCULATION AREAS
The following provisions and requirements shall apply to all off-street parking areas for automobiles
and vehicular circulation areas:
A. Required Internal Landscape Area. The minimum required internal landscaped area for
parking areas shall cover ten percent (10%) of the parking area.
1. Minimum Required Land Area For Required Landscaped Areas. Each required
landscaped area shall contain a minimum land area of two hundred (200) square feet.
Required Landscaped Area For Rows Of Parking Spaces. A landscaped area
shall be provided at each end of all rows of parking. In addition, at least one (1)
landscaped area shall be provided between eve~' ten (10) parking spaces, provided
however, that when double (front-to-front) rows of parking spaces are utilized, each
J-4
required landscaped area shall contain a minimum land area of four hundred (400)
square feet. Length shall match that of the adjacent parking space. A twenty (20)
foot turning radius shall be accommodated at the end of parking rows.
Required Trees. At least one canopy (1) tree shall be provided in each required landscaped
area; provided, however, that two canopy (2) trees shall be provided for each required
landscaped area as prescribed in subsection A.2. The location of required trees in required
landscaped areas shall be within an area that has a minimum radius of five (5) feet measured
from the center of the tree trunk to the rear edge of the required landscaped area. Tree
species should be a type that has a natural growth height that corresponds to the size of the
landscaped area as determined by the Admiriistrative Official.
Required Shrubs. Each required landscaped area shall be provided with shrubs in the ratio
of five (5) shrubs per each tree required. All landscaped areas shall be covered in
groundcover or turf.
D. Parking Space Reduction to Protect Existing Trees. The Administrative Official shall
have the authority to reduce the required number of off-street parking spaces when such
reduction would result in the preservation of existing trees which are a minimum of six (6)
inches in diameter measured at breast height above the ground provided that such reduction
in the number of required parking spaces shall result in a reduction in an amount of less than
five (5) percent of the total number of required off-street parking spaces.
E. Tsvo or More Parallel Driving Aisles. In situations where there are four (4) or more rows of
parking spaces, the City have the authority to require the use of landscaped strips a minimum
often (10) feet in width to be parallel to the subject driving aisles. In such areas, trees shall
generally be spaced at intervals of twenty-five (25) feet.
SECTION 2.3 LANDSCAPE ADJACENT TO STREETS AND PARCELS
A landscaped strip shall be provided along all parcel lines and abutting street fight-of-way lines as
required by the provisions of this Schedule. The depth of the required landscaped strip shall be
measured and provided parallel to the parcel line or abutting street right-of-way in question.
Landscaped strips shall be considered to be required landscaped area. A landscaped strip may be
included as fulfilling the buffer requirements for the premise in question. However, no part of a
landscaped strip required for any use shall be included as fulfilling the landscape or buffer
requirements for another use unless specifically provided for in this Schedule. Landscaped strips
shall be provided in the following manner:
Arterials. Properties fronting on all roads classified as arterials, including, but not limited
to, East Lake Mary Boulevard and the Airport Boulevard Extension, shall comply with the
following standards:
The developer/property owner shall be responsible for providing a minimum twenty-
five (25) foot landscape buffer in the area abutting the designated roadway fight-of-
way lines. Landscape buffer width ma,/be reduced to a minimum of fifteen (15) feet
only if the lot is less than two hundre~l (200) feet deep.
The landscape buffer area shall be planted with two (2) rows of canopy trees planted
every_fifty (50) feet and staggered so as to be midway between each other, and equal
distance between each row and right-of-way. A minimum of four (4) sub-canopy
trees per one hundred (100) feet of frontage shall be planted in and about each access
point and intersection. Unless otherwise noted herein, all landscaping shall comply
with Schedule J-Landscape, Buffer and Tree Requirements of the Sanford Land
Development Regulations.
Collectors. A fifteen (15) foot wide landscaped strip shall be provided along all parcel lines
abutting a street right-of-way classified as collector roadways in the Traffic Circulation Plan
Element of the Comprehensive Plan. Required landscape shall be provided within
required landscaped strip as follows:
Trees. One (1) canopy tree shall be provided for every thirty (30) to forty (40)
linear feet of parcel line in question. Tree spacing shall be determined by the
Administrative Official based upon the type of species to be planted. Such trees shall
be evenly spaced.
Hedges. When off-street parking, loading, unloading and vehicular circulation areas
are to be located adjacent to the street in question, a dense hedge of evergreen-type
shrubs shall be provided in the following manner:
At initial planting and installation, shrubs shall be at least thirty (30) inches
in height and shall be planted thirty (30) inches or less on center. The hedge
shall be planted four (4) feet or more behind the tree trunks.
Within one (1) year of initial planting and installation, shrubs shall have
attained and be maintained at a minimum height of four (4) feet and shall
provide an opaque vegetative screen between the street and the use of the
premise.
In lieu of a vegetative hedge, the Administrative Official may approve the
use of vegetated berms or other appropriate landscape materials in a manner
that results in the visual separation of street right-of-way and the premises in
question.
Shrubs. Ifa hedge is not required, the buffer shall include nine (9) shrubs for every
one hundred (100) linear feet of parcel line in question. Shrubs shall be at least thirty
(30) inches in height at the time of planting.
Groundcover. The buffer area shall be planted with groundcover. The groundcover
shall completely cover the area within three (3) months of installation.
Other Street Right-of-Way. A ten (l 0) foot wide landscaped strip shall be provided along
all parcel lines abutting a street right-of-way other than streets prescribed in subsections 2.3.
A and B. Required landscape shall be provided in the required landscaped strip as folloxvs:
.1-6
Trees. One canopy (1) tree shall be provided for every thirty (30) to forty (40)
linear feet of parcel line in question as determined by the Administrative Official
based upon the type of tree. Such trees shall be evenly spaced.
Hedges. When off-street parking, loading, unloading and vehicular use areas are to
be located adjacent to a street, a dense hedge of evergreen-type shrubs shall be
provided in the following manner:
At initial planting and installation, shrubs shall be at least two (2) feet in
height and shall be separated by a distance of thirty (30) inches on center.
Shrubs shall be placed at least four (4) feet behind the trees.
Within one (1) year of initial planting and installation, shrubs shall have
attained and be maintained at a minimum height of three (3) feet and shall
provide an opaque vegetative hedge between the street and the use of the
premises.
c. In lieu of a vegetative hedge, the Administrative Official may approve the
use of vegetated berms or other appropriate landscape materials in a manner
that results in the visual separation of street right-of-way and the premises.
3. Shrubs. Ifa hedge is not required, the buffer shall include nine (9) shrubs for every
one hundred (100) linear feet of parcel line in question. Shrubs shall be at least thirty
(30) inches in height at the time of planting.
4. Groundcover. The buffer area shall be planted with groundcover. The groundcover
shall completely cover the area within three (3) months of installation.
Other Parcel Lines. When off-street parking, loading, unloading and vehicular circulation
areas are to be located adjacent to a parcel line other than parcel lines described in subsection
A or B, above, a ten (10) foot wide landscaped strip shall be provided along the parcel line.
Landscape shall be provided in the landscaped strip as follows:
1. Trees. One canopy (1) tree shall be provided for every thirty (30) to forty (40)
linear feet of parcel line as determined by the Administrative Official based upon the
type of tree. Such trees shall be evenly spaced.
Hedge. A dense hedge of evergreen-type shrubs shall be provided in the following
At initial planting and installation, shrubs shall be at least two (2) feet in
height and shall be separated by a distance of thirty (30) inches on center.
Hedges shall be placed at least four (4) feet behind trees.
Within one (1) year of initial planting and installation, shrubs shall have
attained and be maintained at a minimum height of three (3) feet and shall
provide an opaque vegetative hedge.
.I-7
In lieu of a vegetative hedge, the Administrative Official may approve the
use of vegetated berms or other appropriate landscape materials in a manner
that results in the visual separation of the premises from the adjacent parcel.
Required Trees. When both buffer and landscaped strip requirements apply, required trees
shall be provided. In addition, when a landscaped strip is included as fulfilling the buffer
requirements for the premise, the more stringent requirements shall apply.
SECTION 2.4
REDUCTIONS AND
REQUIREMENTS
EXCEPTIONS TO LANDSCAPE
Required Landscaped Strip, Required Landscaped Area and Required Landscape. The
Planning and Zoning Commission may, upon appeal by an applicant or unless otherwise
provided for, waive or reduce the required landscape provisions of this article where such
requirements would be unreasonable and excessive due to the size of the parcel and/or the
fact that the landscape requirement is not necessary due to the unique location and/ornatural
topographical or other physical character &the specific parcel in question and provided such
reduction would not be detrimental to the adjacent parcel or parcels.
One- and Two-Family Dwellings Exempted. This section shall not apply to one-family
dwellings or two-family dwellings.
SECTION 2.5
CREDIT FOR HEALTHY EXISTING TREES AND PLANT
MATERIALS
Healthy trees and shrubs existing on the premises may be credited toward meeting the requirements
of this Schedule provided however, that such tree or shrub is not listed as a restricted tree in this
article. Trees shall be a minimum of four (4) inches in caliper and twelve (12) feet in height and
shrubs shall be a minimum of three (3) feet in height in order to be credited toward meeting the
requirements of this schedule. Palm tree species may not be credited for more than fifty percent
(50%) of the total tree requirement for the premises. A certified arborist shall determine the health
of all trees proposed for credit. At the expense of the applicant seeking credit, the Administrative
Official shall determine which trees shall receive credit in accordance with this section.
SECTION 2.6 FOUNDATION LANDSCAPING
The following provisions shall apply to all building facades with frontage along a street right-of-way
with the exception of zero lot line buildings:
Required Landscaped Area. Excluding space necessary for ingress and egress, a minimum
five-foot wide landscaped area shall be located along one-hundred percent (100%) of a
building facade with frontage along a street right-of-way.
Required Trees. Within the required landscaped area there shall be at least two (2) accent
trees or three (3) palms for every forty (40) linear feet of building facade.
J-8
Required Shrubs. Within the landscaped area there shall be a minimum ofone(l ) shrub for
every twenty (20) square feet of required landscaped area. A minimum of fifty percent
5 o -
(0¼) of the area shall contain shrubs with the remainder to be ground cover.
SECTION 2.7 COMPREHENSIVE LANDSCAPE PROGRAM
The landscape requirements of this Schedule may be waived or modified as part of a site plan
approval if the application includes a comprehensive landscape program which satisfies the
following criteria:
Architectural Theme: The landscape in a comprehensive landscape program shall be
designed as a part of the architectural theme of the principal buildings proposed or developed
on the parcel proposed for development.
Superior Design. The design, character, location and/or materials of the landscape treatment
proposed in the comprehensive landscape program shall be demonstrably more attractive
than landscaping otherwise permitted on the parcel proposed for development under the
minimum landscape standards.
SECTION 3.0
LAND USE COMPATIBILITY REQUIREMENTS
SECTION 3.1
GENERAL EXPLANATION OF REQUIREMENTS
Land use compatibility requirements shall apply along all parcel lines as required by the provisions
of this Schedule. Such requirements shall include four (4) parts: 1) setback, 2) buffer and 3) visual
screen and 4) grading. Unless otherwise provided-for in this Schedule, the buffer shall be located
within the setback and the visual screen shall be located within the buffer.
SECTION 3.2 BUFFER
Location. A buffer shall be provided along all parcel lines and abutting street right-of-way
lines as required by the provisions of this these land development regulations. The depth of
the required buffer shall be measured and provided parallel to the parcel line or abutting
street right-of-way in question. No part of a buffer required for any use shall be included as
fulfilling the buffer requirements for another use unless specifically provided for in this
Schedule.
Maintenance. The required buffer shall, unless otherwise provided for in this Schedule, be
planted and maintained in lawn or other landscaping materials including, but not limited to,
flower beds, shrubs, hedges or trees, planted so as not to obscure the vision of vehicular
traffic both on and off the premises. The required buffer shall be maintained in a healthy,
growing condition which is neat and orderly in appearance and shall be kept free of refuse
and debris.
C. Uses In Buffer. The following uses shall be pem~issible xvithin a required buffer:
J-9
Vehicular access to off-street parking, loading, unloading and service area space
subject to the following provisions:
All of the provisions of the Schedule relating to vehicular access points to
off-street parking, loading, unloading and service area space shall be
complied with throughout the entire depth of the required buffer~
All such vehicular access shall be required to be generally perpendicular to
the street right-of-way line throughout the entire depth of the required buffer.
2. Public utilities, as needed.
3. Permitted public service structures.
4. Walkways with improved surfaces.
5. Permitted signs.
6. Required landscaped areas.
Vehicular Encroachment Prohibited. All off-street parking and/or loading, unloading and
service areas and all other vehicular circulation areas shall be located, designed and arranged
so as not to encroach upon any required buffer. In addition, all off-street parking spaces
located adjacent to a required buffer shall be provided with appropriate tire stops, curbs, or
other vehicular bumper guards designed to prevent any encroachment of vehicles upon the
required buffer.
Fencing. These land development regulations apply to all types, styles and fence materials
that are generally referred to and commonly known as fencing or fences. Fencing shall
contribute to the overall character of a neighborhood.
The term "chain link fence" shall specifically include barbed wire, chicken wire, hog wire,
chain link fence and other similar wire type fencing materials as determined by the
Administrative Official.
All Development. Chain link fences shall be prohibited within the required front
yard; provided, however, that such fencing shall be permitted along side parcel lines
within the front yard as a foundation for shrubbery or other landscape decoration.
Any such chain link fence located within a front yard shall be no greater than four (4)
feet in height and all parts of the fence and its supporting structure shall be vinyl
coated and of a color approved by the Administrative Official.
All Development. Fencing and gates within front yards shall be of a decorative type
and semi-transparent. Fences within the front yard shall not be solid or shadow-
boxed. Fences shall in no case be greater than four (4) feet in height. All fencing
shall be made out of attractive long-lasting materials.
J-10
Recommended fence types include wood or metal picket, ornamental wrought iron or
aluminum, decorative PVC or vinyl.
Residential Areas. Barbed wire, razor wire, concertina and other types of sharp-
edged fencing shall not be located in or adjacent to the following residential zoning
disthcts: SR-I, SR-IA, SR-IAA, SR-2 or MR-l, MR-2 and MR-3 and residential
areas within PD and RMOI Zones.
Prohibited in Buffer. Barbed wire and/or chain link fencing are prohibited in all
required buffer areas.
5. Permit Required. All fences shall be required to be permitted.
Variances. The Board of Adjustment shall have the authority to consider variances
to the fencing provisions for single family and two family dwellings. The Planning
and Zoning Commission may consider variances to the fencing provisions for
multiple family dwellings and nonresidential uses. In the process ofreviewihg such
variances, the existing characteristics of the subject neighborhood shall be
considered, e specially a nd particularly with regard to the incidence of I awfully
existing chain link fences already established in such neighborhoods.
Grade Changes in Buffers. Ifa topographical grade change occurs within a buffer that is
adjacent to a residential development or a residential zoning district, the grade change shall
be gradual. The grade change may either terminate at the property line in the natural pre-
construction grade elevation of the site and of the adjacent sites or may terminate in one (1)
or two (2) retaining walls, provided that the retaining walls are each limited to three (3) feet
in height. All retaining walls shall be designed by a certified structural engineer.
SECTION 3.3 VISUAL SCREEN
A visual screen shall be provided as required by the provisions of this Schedule. The required visual
screen shall be approved by the Planning and Zoning Commission and shall be maintained in good
condition and in conformity with this Schedule for as long as the use continues to exist. The
required visual screen shall be free of all advertising or other signs. Two (2) types of visual screen
shall be defined as follows:
Type One, Masonry Wall. A Type One visual screen shall mean a continuous, non-
perforated and solid masonry wall at least six (6) feet in height, except where a lesser or
greater height is required by these land development regulations. Such required wall shall be
constructed of cement block, brick or other similar masonry material. If the wall is
constructed of cement block, with the exception of decorative concrete block, the side
facing the abutting use shall be faced with stucco or another similar decorative finish. If no
solid wall or fence exists on the adjoining property, the landscape material shall be placed on
the side of the xvall adjacent to the adjoining property. The landscape buffer area shall be
planted with two (2) rows of canopy trees. The trees shall be four (4) inches in diameter at
breast height at planting. The trees shall be spaced ever5, twenty-five (25) feet in each row.
Between rox~ s. the trees shall be staggered so as to be midway betxveen each other, an equal
J-Il
distance between each row and right-of-way. A minimum of twelve (12) shrubs, three (3)
feet in height or greater at planting, shall be planted for every one hundred (100) linear feet
of required buffer.
Type Two, Hedge. A Type Two visual screen shall mean a continuous hedge of dense
shrub plantings which shall attain a height of at least six (6) feet within eighteen (18) months
of the time of planting, except where a lesser or greater height is required by these land
development regulations. Such required hedge shall be not less than four (4) feet in height at
the time of planting. The maximum distance between shrub foliage at time of planting shall
be two (2) feet. In addition, one (1) tree shall be provided every twenty-five (25) feet along
the hedge.
Berms. Earthen berms may be utilized to provide all or a portion of the required height of
visual screening. Such berms shall generally be centered within a minimum area of ten (10)
feet in width and shall utilize a slope of 3:l or less and shall be fully landscaped..
SECTION 3.4 APPLICATION OF REQUIREMENTS
A.Side and/or Rear Yards. Table A, below, shall be used to determine the application of
alternative land use compatibility requirements along side and/or rear parcel lines of the proposed
use:
Table A
Proposed Abutting Setback Buffer Visual Screen
Use Use (In Feet) (In Feet) (Type)
Multi.-Fam. Single-Fam.
One story buildings 50 25 1
Two or more stories 100 50 1
Commercial Residential 50 25 1
75 50 1 or 2
Industrial Residential 75 50 1
I00 75 1 or 2
Front Yard Buffer and Visual Screen Requirements For Proposed Commercial and
Industrial Uses. Front yards of commercial and/or industrial uses abutting residential uses
shall provide a ten (t 0) foot buffer and a Type One or Type Two visual screen.
Visual Screen For Certain Proposed Uses in Certain Zoning Districts That Abut
Existing One-Family Dwellings. Nonresidential uses in RMOI, RC-1, GC-2, and/or SC-3
Zoning Districts that abut a One-Family Dwelling in an RMOI, RC-I SC-3 and/or a GC-2
Zoning District shall provide a Type One or Type Two visual screen within a ten (10) foot
buffer along the side and/or rear yard adjacent to the One-Family Dwelling.
J-12
Visual Screen For Proposed Residential Uses Abutting Existing Commercial and/or
Industrial Uses. When the side and/or rear parcel line o£a proposed residential use abuts an
existing commercial and/or industrial use that does not comply with visual screen
requirement provisions of this Schedule, the proposed residential use shall provide a Type
One or Type Two visual screen along the parcel line in question.
SECTION 3.5 MODIFICATIONS TO LAND USE COMPATIBILITY REQUIREMENTS
The Planning and Zoning Commission may grant a var/ance in order to modify land use
compatibility requirements as specifically described herein (Article III, Section 3.8).
Visual Screen and Setback Waiver. The Planning and Zoning Commission may, upon
request by an applicant, waive or reduce the required visual screen and/or setback where
such requirement(s):
Would be unreasonable and excessive due to the size of the parcel and/or the fact that
the required visual screen or setback; or
Would result in an arbitrary and undesirable obstruction from a major thoroughfare;
or
Is not necessary due to the unique location and/or natural topographical or other
physical character of the specific parcel.
Such waiver or reduction may be granted only if such waiver or reduction would not be
detrimental to the adjacent parcel or parcels. The Planning and Zoning Commission shall
approve only the minimum waiver or reduction in the said requirement necessary to remedy
the hardship.
Where significant elevation change exists between two (2) parcels of incompatible use which
would render the required visual buffer types ineffective, the Planning and Zoning
Commission may require a more stringent buffer sufficient to effectively screen uses.
Railroad Sidings. The Planning and Zoning Commission, upon request by an applicant, may
waive or reduce the required buffer where such buffer would prevent structures from
locating adjacent to railroad sidings provided such reduction would not be detrimental to
surrounding areas.
SECTION 3.6
SCREENING OF EQUIPMENT
All nonresidential a nd m ultifamily d umpsters, recycling bins. t rash/garbage areas, mechanical
equipment located below the roolline, backflow preventors and electrical transformers shall be
screened on a minimum of three sides.
Screening Material. A hedge or solid fence not to exceed six (6) feet in height shall be used
as a screening material. If landscape material is used, it shall be a minimum of thirty (30)
inches from the existing grade at the time of planting and maintained at the height of the
device; in no case shall the landscape material exceed six (6) feet.
J-13
Mechanical Equipment. Trees or shrubs shall be installed to shade mechanical equipment
and aide in energy conservation. Landscape material shall be installed in such a manner that
it does not interfere with the normal operations and maintenance of mechanical equipment.
Residential Air Conditioners. Single and two-family residences and mobile homes shall
install trees or shrubs to shade all exterior air-conditioning units located below the roofiine
of the structure.
SECTION 3.7 BUFFER LIGHTING
All lighting located within a buffer area adjacent to a single-family residential zoning district shall
be fully shielded lighting. The lighting shall be designed and located so that adjacent residential
lots are not directly illuminated.
SECTION 4.0 TREE PROTECTION AND PRESERVATION REQUIREMENTS
SECTION 4.1
SITE DEVELOPMENT PERMIT REQUIRED
A Site Development Permit shall be required pr/or to any action to directly, or indirectly, cut down,
destroy, remove or move, or effectively destroy through damaging, or authorize the cutting down,
destroying, removing, or moving, or damaging of any living tree situated on the premises. The
procedures for review and issuance of such a permit shall be as follows:
Preliminary Subdivision Plans and Site Plans. Applications shall accompany all proposed
Preliminary Subdivision Plans and all proposed Site Plans. All required submittal
information and supplementary materials prescribed in Section 4.3, shall be submitted with
the proposed Preliminary Subdivision Plan or proposed Site Plan in question. Procedures for
approval and issuance shall be the same as the procedures for review and approval of
Subdivisions and Development Plans as prescribed in this Schedule.
All Others. In cases other than those described in Section 4.1the applicant shall submit a
proposed Site Development Permit to the Administrative Official. The Administrative
Official shall review the proposed Permit and shall issue or deny the proposed Permit based
on the criteria set forth in Section 4.2and the information supplied by the applicant
prescribed in Section 4.3. The Administrative Official's review of such application may
include a field check of the premises in question and referral of the application for
recommendation to other City officials, departments or agencies.
SECTION 4.2
CRITERIA FOR TREE REMOVAL, REPLACEMENT AND
RELOCATION
Tree Removal. Prior to the issuance of a site development permit to remove a tree(s), the
Administrative Official shall find that one (l) of the following conditions exists:
J-14
The tree is located where a structure or improvement is to be placed and said tree
unreasonably restricts the permitted use of the property.
2. The tree is dead, diseased, injured, in danger of falling.
The tree is too c lose to existing or proposed structures so as to endanger such
structures.
4. The tree interferes with utility services.
5. The tree creates unsafe vision clearance.
Replacement and Relocation. As a condition of the granting ora Site Development Permit
to remove, replace and/or relocate a tree(s), the Administrative O ~cial shall have the
authority to require the relocation or replacement of the trees being removed. I ftree
replacement is required, such replacement shall be at a three-for-one basis if the replacement
trees are smaller than the tree being removed. In no case shall the number of Calipers
removed be less than the total number of calipers in the replacement trees. Tree replacement
or tree relocation shall be on the premise. In determining the required relocation or
replacement of trees, the Administrative Official shall consider the needs of the intended use
of the property together with an evaluation of the following prepared by a certified arborist
or a biologist at the cost of the applicant:
1. Existing tree coverage;
2. Number of trees to be removed on the entire property;
3. Area to be covered with structures, parking, and driveways;
4. Topography and drainage of the site and its environs;
5. Character of the site and its environs;
6. Ecology of the site; and
Characteristics and amount of shrubs, grass, and trees proposed for planting on the
premise by the applicant.
In Right-of-Way. With the exception of plantings initiated by the City or Seminole
County, within the public right-of-way, planting of trees and/or removal of existing trees that
are two (2) inches in diameter or greater shall require a site development permit.
SECTION 4.3 SUBMITTAL REQUIREMENTS
Applications for a site development permit to remove, replace and/or move trees shall be
accompanied by such permit fee as shall, from time to time, be established by duly adopted by
resolution of the City Commission. Each such application shall be accompanied by the following:
J-15
Written Statement. State the reasons for the requested action. For trees that are to be saved
or retained, each application shall contain a statement of how these tree areas are to be
protected during and after construction activities.
Site Layout. Two (2) copies of a legible site layout drawn to the largest practicable scale
indicating the following:
Location of all trees which are a minimum of six (6) inches in diameter measured 4.5
feet above the ground on the site within thirty (30) feet of the buildable area. Identify
trees to be retained, altered, removed, relocated, or replaced. Smaller trees to be
retained may also be shown by the applicant to assist the Administrative Official in
determining replacement requirements. Groups of trees in close proximity may be
designated as "clumps" or "clusters" of trees with the estimated number and type of
trees noted. Only those trees to be removed, altered, relocated, or replaced must be
named (common or botanical name).
Tree information required shall be summarized in legend form on the plan and shall
include the reason for the proposed alteration, removal, relocation or replacement.
Location of all existing or proposed structures, improvements and uses, including the
location and dimension of property lines, building and structure setbacks, and yard
requirements.
Properties with existing buildings, structures and uses may depict only that portion of
the premises directly involved plus adjacent structures, landscaping, and natural
vegetation.
5. Proposed changes, if any, in elevation, grade and major contour.
6. Locations of existing or proposed utility services.
SECTION 4.4 EXCEPTIONS AND EXEMPTIONS
Dangerous Trees. In the event that any tree endangers health or safety and requires
immediate removal, such as, but not limited to, the cutting of emergency fire lanes by fire-
fighting units, verbal authorization may be given by the Administrative Official and the tree
removed without obtaining a written permit as herein required. Such verbal authorization
shall later be confirmed in writing by the Administrative Official.
Emergencies. In the case of emergencies such as hurricane, windstorm, flood, freeze, or
other disasters, the requirements of this Section may be xvaived by the City Manager. At the
earliest possible meeting of the City Commission, the City Manager shall set forth in detail
those findings establishing that such waiver is necessary so that public or private work to
restore order in the City will not be impeded. Said waiver must be for a time certain and
may not be for an indefinite period.
J-16
Notification Requirements Pertaining to Utility Companies. Whenever any electric,
water, telephone or other public utility firm or corporation wishes to extend, maintain or
relocate service such that any tree on an unimproved lot or tract will be removed, they shall
make application for a permit to do so. Any public utility wishing to prune trees on a right-
of-way shall notify the Administrative Official in writing in advance of the time and place
those pruning activities will take place. The Administrative Official shall supervise these
activities as necessary and shall have the authority to regulate or halt such pruning when
these actions are deemed detrimental to the trees or beyond that needed to insure continued
utility service.
Exempt Trees. The following types of trees shall be exempt from the provisions of this
section:
American Mulberry (Moms mbra)
Australian Pine (_Casuarina spp,)
Black Cherry (Pmnus serotina)
Brazilian Pepper (~hinus terebinthifolius]
Cajeput Tree (Melaleuca Leucadendra)
Camphor Tree (Cinnamomum camphora)
Cherry Laurel (Pmnus laurocerasis)
Chinaberry (Meliaa Azedarach)
Chinese tallow tree (Sapium sebifemm)
Containerized trees and nursery stock trees grown for resale
Ear Trees (_Enterolobium c¥clocarpum.) (Enterolobium contortisliquum)
Eucalyptus Robusta (Eucalyptus robust)
Jacaranda (Jacaranda acutifolia)
Golden Rain tree (Koelreuteria elegans)
Orchid Tree (Bauhinia)
Rosewood (Dalbergia sissoo)
Sand Pine (Pinus clausa)
Silk Oak (Grevillea robusta)
SECTION 4.5
SPECIMEN TREES
Ao
Purpose. It is the purpose of this Subsection to acknowledge the existence of certain trees
within the City that are rare or unique due to factors such as age, size ,historical association,
ecological value or type and to protect such trees through their designation as specimen
trees.
Designation as Specimen. Designation as a specimen tree may commence in any of the
following ways:
An applicant may request such designation as part of any master plan, preliminary
subdivision or site plan review application. To do so, the applicant shall submit an
expert evaluation by a horticulturalist or ISA certified arborist to the Administrative
Official.
J-17
A property owner may request such designation at any time. To do so, the applicant
shall submit an expert evaluation by the City landscape architect or a horticulturalist
or certified arborist to the Administrative Official on a form prepared by the
Administrative Official.
3. The Administrative Official may request such designation.
4. Any tree which achieves a 'Florida State Champion Tree Status.'
The Administrative Official may develop specific standards for designating specimen
:rees.
Co
Designation by City Commission. The Administrative Official shall present all tree
designation requests for specimen trees to the City Commission for its consideration and
designation at a public hearing.
SECTION 4.6 VIOLATIONS AND PENALTIES
Violations. It is unlawful to destroy, cut down or remove any living tree without first
obtaining a permit. It is also unlawful to prone, top, hatrack or poodle cut a tree or shrub
required by these land development regulations to a shape other than the tree's natural shape.
B. Penalties. Any person in violation of this schedule shall be required to:
Undertake pruning and other remedial action as determined by the City, not limited
to removal of severely abused trees to protect public safety and property and
corrective pruning to improve the health and form o£affected trees;
If praning cannot remedy the violation or if the landscape material has been
destroyed, cut down or removed, the penalty shall be the replacement of trees on a
six (6) to one (1) basis (six (6) trees or shrubs planted for every tree or shrub
destroyed). Each replacement tree shall be a minimum of three (3) inches measured
four and one-half(4 V2) feet above ground and the total replacement canopy shall be
at least equal to the canopy of the tree being replaced. The City shall approve the
species, quality and locations of the replacement trees.
If it is impractical to locate any or all of the replacement trees or shrubs on site, the
person or entity in violation shall contribute to the City's landscape fund in an
amount equal to the value of the destroyed tree or shrub as determined by the
Administrative Official. The value of the destroyed tree shall be determined
pursuant to the Guide for Plant Appraisals, fin Edition, as amended by the Council of
Tree and Landscape Appraisers or the Guide for Plant Appraisals published by the
International society of Arboriculture. Such funds will be deposited into the City's
Landscape fund and may be used by the City to plant trees throughout the City.
SECTION 5.0
LANDSCAPE MATERIAL, INSTALLATION AND MAINTENANCE
STANDARDS
J-18
SECTION 5.1
REQUIRED TREES AND SHRUBS
Required Trees. Required trees shall have a minimum height of twelve (12) feet and a
caliper requirement of four (4) inches measured four and a half(4.5) feet above the ground
unless otherwise prescribed in this Schedule. However, in order for a crepe myrtle to be
considered a tree, is shall be a single trunk specimen of fifteen feet (15') in height or more.
In addition, palm trees shall be clustered in groups of three (3) in order to be considered as
meeting the requirement for one (1) tree as required in this Schedule. Palms shall have four
(4) feet of clear trunk for tree-form palms and five (5) feet from the ground surface to the
apical bud for shrub-form palms.
When.required trees must be planted under power lines, the developer shall select trees with
a maximum height of twenty (20) feet. A list of suitable trees may be found in 'Understory
trees' in Appendix 1 of this Schedule or in FPL's Guide to Trees and Power Lines - North
and Central Florida. When trees are planted under POwer lines, they shall be spaced at fifteen
(15 ) foot intervals.
Required Shrubs. Required shrubs shall be a minimum of three (3) gallon containers unless
otherwise prescribed in this Schedule. Drought tolerant plants should be used where
possible to conserve water. Required hedges shall be of non-deciduous species and planted
and maintained so as to form a continuous unbroken solid, visual screen within a maximum
of one (1) year after planting.
SECTION 5.2 UNACCEPTABLE PLANT SPECIES
The following species shall not be acceptable to meet landscape requirements of this Schedule,
shall such species be considered as a required tree, replacement tree or a required shrub:
nor
Unacceptable Trees. Unacceptable trees shall be the same as exempt trees listed under
Paragraph D, Section 4.4, above, excluding containerized trees and nursery stock trees.
Unacceptable Plants.
Castor Bean Water Hyacinth
Rice Paper Plant Lygodium spp. (fern)
Taro or Elephant Ear Cattails
SECTION 5.3 INSTALLATION OF REQUIRED LANDSCAPE AND TREES
All required trees and landscaping shall be installed according to generally accepted commercial
planting procedures. Soil, free oflimerock, rocks, and other construction debris, shall be provided.
All landscaped areas shall be protected from vehicular encroachment by permanent wheel-stops or
curbing.
Florida No. I Quality. All required plant materials including, but not limited to, trees and
shrubs shall equal or exceed the standards for Florida No. I as established and revised by the
J-19
Florida Department of Agriculture and Consumer Services except as otherwise provided in
this Schedule. Grass sod shall be healthy and reasonably free of weeds, pests and disease.
Proper Planting and Anchoring. All plant material shall be mulched to a depth of three (3)
to four (4) inches. Wherever new trees are installed they shall be provided with anchoring
for a period of at least one (1) year, in order to provide sufficient time for their roots to
become established. Trees with trunks under four inches (4") in diameter should be staked
with one (1) to three (3) stakes while trees with a diameter of 4" or more (measured four (4)
feet from the ground) should be guyed with three (3) to four (4) guy wires.
Irrigation. All required landscaped areas shall be watered with an underground irrigation
system or a drip irrigation system designed to allow differential operation schedules for high
and low water requirement areas. To avoid operation of the system during periods of
increased rainfall, an operational moisture sensor switch shall be required on all irrigation
systems equipped with automatic controls that will override the irrigation cycle of the
sprinkler system when adequate rainfall has occurred. The use of reclaimed water as a water
supply source for irrigation shall be required when such source is available or anticipated to
be available within one-hundred (100) feet of an existing or proposed City reclaimed water
line. In areas where food is served or consumed, such as outdoor eating areas of restaurants,
a dual supply source distribution system shall be installed whereby potable water shall serve
as the source for the food serving and/or consumption areas and reclaimed water shall serve
as the supply source in all other landscaped areas.
The Administrative Official may require or otherwise approve water supply provisions for
unusual landscape conditions provided, however, that a readily available water source shall
be located xvithin one-hundred (100) feet of any required landscaping plant material.
Berm. When a berm is used to form a required visual screen in lieu of, or in conjunction
with a required hedge or wall, such berm shall not exceed a slope of 30 degrees and shall be
completely covered with shrubs, trees, or other living ground cover.
Grass. When utilized, grass shall be plugged or sodded with the exception of swales, berms
or other areas that are subject to erosion in which case such areas shall be completely
sodded.
Ground Cover. Ground cover shall be installed and maintained for all improved parcels,
including residential, in order to prevent erosion and dust. Ground cover used in lieu of
grass shall be planted in such a manner so as to present a finished appearance and reasonably
complete coverage within 3 months after planting.
Intersection Visibility. When an accessway intersects a public right-of-way, landscape shall
be used to define the intersection; provided, however, that all landscape within the triangular
areas described below shall provide unobstructed cross-visibility at a level between two and
one-half(2-1/2) and ten (10) feet. Trees shall be trimmed in such a manner that no limbs or
foliage extend into defined triangular areas. Landscape, except grass and groundcover, shall
not be located closer than three (3) feet from the edge of any accessway pavement.
.J-20
The triangular areas are defined as follows:
1. The areas ot' property on both sides of an accessway formed by the intersection of
each side of the accessway and the public right-of-way pavement line with two (2)
sides of each triangle being ten (10) feet in length from the point of intersection and
the third side being a line connecting the ends of the other two (2) sides.
2. The area of property located at a comer formed by the intersection of two (2) or more
public streets with two (2) sides of the triangular area being measured twenty-five
(25) feet in length along the abutting edge of pavement, fi.om their point of
intersection, and the third being a line connecting the ends of the other two (2) lines.
Location. All plant material shall be planted in a manner which is not intrusive to utilities or
pavement.
Recommended Plant List. A list of recommended plants is found at the end of this
schedule as Appendix 1.
Unacceptable Plant Species. All prohibited species, as enumerated in Section 4.4 D, shall
be removed from the site prior to the development of the site.
SECTION 5.4
TREE PRESERVATION DURING DEVELOPMENT AND
CONSTRUCTION
Protective Barriers. During construction, protective barriers shall be placed, as necessary,
and/or as directed by the Administrative Official to prevent the destruction or damaging of
trees. Trees destroyed or receiving major damage must be replaced before occupancy or use
unless approval for their removal has been granted under the provisions of this article. All
trees not designated for removal may be required to be protected by barrier zones erected
prior to construction of any structures, roads, utility service, or other improvements, and may
be required to comply with the following if determined to be necessary by the
Administrative Official.
Protective posts, two (2) inches by four (4) inches or larger wooden post, two (2)
inches outer diameter or larger galvanized pipe, or other post material of equivalent
size and strength shall be implanted deep enough in the ground to be stable and with
at least three (3) feet of the post visible above the ground.
Posts shall be placed at points not closer than the drip line of the protected tree, with
the posts being not further than six (6) feet apart, except that access may be allowed
within this line as specified on site layouts, provided it is approved in advance by the
Administrative Official but in no case, shall access be permitted closer than five (5)
feet to the trunk.
All protective posts shall be linked together (fencing at least three (3) feet high, two
(2) courses of rope not less than one-half (¢:) inch in diameter or a chain of
J-21
comparable size, or other material of equivalent visibility). Each section shall be
clearly flagged with yellow plastic tapes or other markers.
No grade changes shall be made within the protective barrier zones without prior
approval of the Administrative Official. Where roots greater than one (1) inch
diameter are exposed, they shall be cut cleanly.
Protective barrier zones shall remain in place and intact until such time as landscape
operations begin or construction is complete, whichever occurs first.
The Administrative Official may conduct periodic inspections of the site before
work begins and during clearing, construction and post-construction phases of
development in order to insure compliance with these land development regulations
and the intent of this Chapter.
No building materials, machinery or temporary soil deposits shall be placed within
protective barrier zones defined in Subsection 5.4A above.
No attachments or wires other than those of a protective or nondamaging nature shall
be attached to any tree.
Bo
Regulations Pertaining to Utility Companies. Whenever any electric, water, telephone or
other public utility firm or corporation wishes to extend, maintain or relocate service such
that any tree on an unimproved lot or tract will be removed, they shall make application for a
permit to do so. Any public utility wishing to prune trees on a right-of-way shall notify the
Administrative Official in writing in advance of the time and place those pruning activities
will take place. The Administrative Official shall supervise these activities as necessary and
shall have the authority to regulate or halt such pruning when these actions are deemed
detrimental to the trees or beyond that needed to insure continued utility service.
SECTION 6.0
DROUGHT TOLERANT PLANT STANDARDS APPLICABLE TO
REQUIRED LANDSCAPING
Drought tolerant plants which shall be used in required landscaping are native, non~invasive plants
which will survive and flourish with comparatively little supplemental irrigation.
Industrial, commercial, civic, and multi-family residential buildings or structures; common areas of
single family or multi-family residential developments shall incorporate drought tolerant trees,
shrubs, and groundcovers in landscape plans as a water conservation measure. A list of plants which
require minimal water are included in the Florida water management districts' publication:
Waterwise, Florida Landscapes. In addition, mulches and drought tolerant groundcovers shall
replace narrow turf areas where irrigation is impractical. Interior remodels or minor modifications to
the exterior of a structure are not subject to this requirement.
SECTION 7.0 MAINTENANCE OF REQUIRED LANDSCAPE
J-22
All plant material shall be maintained according to the following standards:
All required trees, shrubs and landscaped areas shall be maintained in good and healthy
condition for as long as the use continues to exist. Maintenance shall consist of mowing,
removing o f litter and dead plant material, necessary pruning, pest control, water and
fertilizing.
Maintenance also includes, but is not limited to, the replacement of plants damaged by
insects, disease, vehicular traffic, acts of God and vandalism. Necessary replacements shall
be made within a time period not to exceed thirty (30) days after notification by the City of a
violation of this Schedule.
In order to increase the tree canopy within the City, give shade to paved surfaces, buffer
pedestrian and vehicular traffic and provide scenic beauty and natural habitat, as well as
prevent decay, sunburn and hazards to trees, all landscape material required under this
Schedule shall be pruned to maintain the natural shape of the plant. No topping, hatracking,
poodle cutting, excess pruning or excess crown reduction shall be performed a~d such
actions are unlawful.
The City shall encourage the standards of the International Society of Arboriculture and
the National Arborist Association for tree care operations, plant maintenance and proper
pruning methods by providing guidance, upon request, to applicants.
J-23
APPENDIX 1.
LIST OF PLANTS RECOMMENDED FOR SANFORD
Understory Trees
Common Name Botanical Name
Common Name Botanical Name
Redbud Cercis Canadensis
Anise Illicium spp.
Drake/Chinese Elm Ulmus parvifolia
Flowering Dogwood Comus florida
Wax Myrtle Myrica cerifera
Loblolly bay
Southern red cedar
Yaupon holly
Fringe tree
Gordonia lasianthus
Junipems silicicola
Ilex vomitoria
Chionanthus virginica
Canopy trees
Spaced 40 feet apart
Common Name Botanical Name
Common Name Botanical Name
American Elm
Live Oak
Longleaf pine
Sweet bay magnolia
Silver Dollar tree
Chinese elm
Red Bay
American sycamore
Ulmus Americana
Quercus virginiana
Pinus palustris
Magnolia virginana
Eucalyptus cinerea
Ulmus parvifolia
Persea borbonia
Platanus occidentalis
Tulip tree
Water oak
Southern magnolia
Pecan
Sweetgum
Laurel oak
Sugarberry
Canopy Trees
Spaced 30' apart
Lirodendron tulipifera
Quercus nigra
Magnolia grandiflora&cultivar
Carya illinoensis
Liquidambar styraciflua
Quercus laurifolia
Celtis laevigata
Common Name
Botanical Name
Common Name Botanical Name
Swamp black gum
Dahoon holly
Hombeam/Bluebeecb
Water ash-Pop ash
Florida winged elm
Florida elm
Red maple
Savannah holly
Nyssa sylvatica
Ilex cassine
Carpinus caroliniana
Fraxinus caroliniana
Ulmus alata
Ulmus americana floirdana
Acer mbmm
Ilex opaca x attenuata
& cultivars
American Holly
Loblolly bay
River Birch
Podocarpus
Persimmon
Pignut hickory
Palatka holly
Swamp Tupelo
Ilex opaca & cultivars
Gordonia lasianthus
Betula nigra
Podocarpus nagi
Diospyros virginiana
Carya gloabra megacarp
Ilex attenuata
Nyssa biflora
J-24
Ornamental Landscape Trees
Small Trees
Common Name
Botanical Name
Crape myrtle
Wax myrtle
Loblolly bay
Junipers
Bottlebmsh
Redbud
Lagerstroemia x fauriei
Myrica cerifera
Gordonia lasianthus
Common Name
Rusty pittospomm
Podocarpus
Holly
Junipems Tomlosa & Spartan Leyland Cypress
Callistemon spp. Jerusalem thom
Cercis canadensis
Botanical Name
Pittospomm ferrugineum
Podocarpus nagi
Ilex spp.
Cupressocyparis leylandi
Parkinsonia aculeate
Common Name
Winged elm
Washingtonia palm
Canary Island palm
European fan palm
Sabal palm
Large Ornamental trees and Palm*
Botanical Name
Ulmus alata
Washingtonia robusta
Phoenix canariensis
Chamaerops humillis
Sabal palmetto
Common Name Botanical Name
Heritage fiver birch
Chinese fan palm
Windmill palm
Pindo palm
Betula nigra "heritage'
Livistona chenensis
Trachycarpus fortunii
Butia capitata
Shrubs and minimum on-center (OC) requirements for visual screenx
Com~non Name Botanical Name
Glossy abelia
Allamanda
Pineapple guava
Anise
Pittospomm
Azalea
Plumbago
Banana shrub
Primrose jasmine
Boxwood
Viburnum
Chinese juniper
Silverthoru
Podocarpus
Holly
Indian Hawthorne
Abelia spp. 2.00C
Cortadenia selloana 4.00C
Feijoa sellowiana 3.00C
Illicium floridanum 2.50C
Pittospomm tobira 3.00C
Rhododendron spp. 3.00C
Plumbago capensis 2.00C
Michelia fuscata 3.00C
Jasiminum mesnyi 3.00C
Buxus microphylla 2.00C
Viburnum spp. 3.00C
Juniperus chinensis 3.00C
Elaeagnus philippensis 3.00C
Podocarpus ~nacrophyllus 2.00C
Ilex spp. 2.0-3.00C
Raphioleps indica 2.50C
Groundcovers
J-25
Common Name
Bugle weed
Asparagus fern
Iceplant
False heather
Dichondra
Golden creeper
Trailing fig
Carolina jessamine
Algerian ivy
Beach sunflower
Dwarf yaupon holly
Chinese juniper
Dwarf lantana
Lily turf
Sword fern
Oyster plant
Erect selaginella
Confederate jasmine
Caltrops
Society garlic
Coontie
Botanical Name
Ajuga reptans
Asparagus sprengeri
Carpobrotus edulis
Cuphea hyssopifolia
Dichondra carolinensis
Emodea littoralis
Ficus sagittata
Gelsemium sempervirens
Hedera canariensis
Helianthus debilis
Ilex vomitoria 'Schellings'
Juniperus chinensis
Lantana depressa
Liriope spicata
Nephrolepsis exaltata
Rhoeo spathacea
Selaginella involvens
Trachelospermum asiaticum
Trilobus terrestris
Tulbaghia violacea
Zamia pumila
Common Name
Aloe
Cast iron plant
Gopher apple
Earth star
Miniature agave
Creeping fig
Dwarf gardenia
Fig marigold
English ivy
Daylily
Beach elder
Shore juniper
Trailing lantana
Partidge berry
Mondo grass
Leatherleaf fern
Purple heart
Star jasmine
Wedelia
Wandering jew
Grasses
Bahia
St. Augustine cultivars
Annual Ryegrass
Botanical Name
Aloe spp.
Aspidistra elatior
Locania michauxii
Cryptanthus spp.
Dyckia brevifolia
Ficus pumila
Gardenia jasminoides
Glottiphyllum depressum
Hedera helix
Hemerocallis spp.
Iva imbricata
Junipems conferta
Lantana montevidensis
Mitchella repens
Ophioipogon japonieus
Rumonra adiantiformis
Setcreasea pallida
Trachelospermum
jasminoides
Wedelia trilobata
Zebrina pendula
J-26