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3810ORDINANCE NO. 3810 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA AMENDING SUBSECTION 7.0 E OF SCHEDULE "S" OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF SANFORD RELATING TO REQUIREMENTS FOR HISTORIC PRESERVATION; PROVIDING FOR VARIANCES FROM STANDARDS RELATIVE TO FENCES, WINDOWS AND DOORS UNDER CERTAIN CIRCUMSTANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING FOR CODIFICATION AND PROVIDING AN EFFECTIVE DATE. BE IT ENACTED BY THE PEOPLE OF THE CITY OF SANFORD, FLORIDA: SECTION 1. Amendment To Subsection 7.0 E. of Schedule S. Subsection 7.0 E. of Schedule "S" of the Land Development Regulations of the City of Sanford is hereby amended to read as follows: SECTION 7.0. CERTIFICATE OF APPROPRIATENESS AND PROCEDURES FOR ALTERING HISTORIC LANDMARKS OR STRUCTURES WITHIN HISTORIC DISTRICTS. Variances to the Standards of Schedule S. The HPB shall have the authority to conditionally approve variances to some of the requirements of Schedule S. 1. Variance Criteria. Each variance shall be consistent with all of the criteria listed below. Each approval of a Certificate of Appropriateness for a variance shall include a clear finding of fact indicating the basis of the approval. a. The hardship is not self-created; b. The modification would not confer the applicant a special privilege normally denied by this schedule to other properties in the district; c. The HPB may approve such application in any case where the owner would suffer extreme hardship, not including loss of profit, unless the certificate of appropriateness were issued forthwith; d. The proposed alternative is consistent with the architectural style of the structure; e. Approval of the vadance will be in harmony with the purpose and intent of Schedule S. 2. Variances Prohibited for Certain Items. Variances shall not be heard or granted for the following types of construction except as set forth in this Section: a. The materials of fences except as tc ~,c,~,-cc, r, tr:,butln~ sffuctt~s replacement of same or like materials when the general intent of this Schedule is accomolished from a visual perspective: b. The materials of windows except as to ~:mtufes reolacement of same or like materials when the general intent of this Schedule is accomplished from a visual perspective; c. The materials of doors except as to non-cc, ntrJb~tJng Ordinance No. Page 2 stYuc~a~-~ replacement of same or like materials when the general intent of this Schedule is accomplished from a visual perspective. 3. Applications for Variances. Applications for variances shall be submitted to the Planning Department at least ten (10) business days prior to the regular HPB meeting. The application shall describe how the proposal is consistent with each of the variance standards. 4. Posting of Property. Properties considered for variances shall be posted by the applicant with a sign for ten (10) consecutive days prior to the HPB meeting. The sign, to be provided by the Planning and Community Development Department, shall be located in the front yard of the property, clearly visible from the public right-of-way. 5. Conditional Approval by the HPB. Each variance conditionally approved by the HPB shall be submitted to the City Commission at the first available City Commission rT'C~c~,ing after the action of the HPB to determine whether the City Commission desires to affirm the approval of the variance or hear the application de novo. SECTION 2. 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 Ordinance No. Page 3 impair the validity, force or effect or any other section or part of a section of this Ordinance. SECTION 3. Conflicts. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 4. Codification. It is the intention of the City Commission of the City of Sanford, Florida, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Sanford, Florida; that the Sections of this Ordinance may be renumbered or re- lettered to accomplish such intention; that the word, "Ordinance," may be changed to "Section," "Article," or other appropriate word; provided, however, that Sections 3, 4, 5 and 6 shall not be codified. SECTION 5. Effective Date. Except as otherwise provided herein, this Ordinance shall become effective immediately upon its passage and adoption. PASSED and ADOPTED this ~day of ~2003. ATTEST: .. o' OUGHERTY u CITY CLERK CITY OF SANFORD CERTIFICATE I, Janet R. Dougherty, City Clerk of the City of Sanford, Florida, do hereby certify that a true and correct copy of the foregoing Ordinance No., PASSED~,/~D ADOPTED by the City Commission of the City of Sanford, Florida, on th(~ay Ordinance No. Page 4 of~c-~*~,-2003, w~s~sted at ~he f~;ont c)oor of the City Hall in the City of Sanford, Florida, on the~2--,~:~day of ~, 2003. As the City Clerk of the City of Sanford, Florida Ordinance No. Page 5