3690ORDINANCE NO. 3690
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, REVISING AND
AMENDING THE LAND DEVELOPMENT CODE/LAND DEVELOPMENT
REGULATIONS OF THE CITY; AMENDING ARTICLES 1 THROUGH IX
AND SCHEDULES J, L, M AND Q; PROVIDING FOR PURPOSES OF
LAND DEVELOPMENT REGULATIONS; PROVIDING FOR LAND USE,
ZONING AND PERFORMANCE CRITERIA; PROVIDING FOR
ADMINISTRATION AND PROCEDURES OF LAND DEVELOPMENT
PROCESSES; PROVIDING PROCEDURES AND PROVISIONS FOR
IMPROVEMENT AND MAINTENANCE, ADMINISTRATIVE APPEALS,
CONDITIONAL USES, VARIANCES AND FOR AMENDMENTS AND
PLANNED DEVELOPMENT PROJECTS; PROVIDING FOR
DEVELOPMENT PLAN REVIEW, CONCURRENCY, AND
DEVELOPMENT AGREEMENT PROCEDURES; REGULATING AND
REQUIRING LANDSCAPE, LAND USE COMPATIBILITY STANDARDS,
BUFFERS, TREE PROTECTION AND VISUAL SCREENING; PROVIDING
FOR NONCONFORMING USES AND STRUCTURES; PROVIDING FOR
ENVIRONMENTALLY SENSITIVE LANDS; PROVIDING FOR LEVEL OF
SERV1CE METHODOLOGIES AND REQUIREMENTS; PROVIDING FOR
PROCEDURES AND STANDARDS FOR A TRANSPORTATION
CONCURRENCY EXCEPTION AREA; FURTHER AMENDING
ORDINANCE NO. 3117, AS PREVIOUSLY AMENDED; AMENDING THE
FOLLOWING SECTIONS AND SCHEDULES AS WELL AS OTHER
PROVISIONS SET FORTH IN THE EXHIBIT TO THE ORDINANCE:
ARTICLE I: SECTION 1.3, SECTION 1.4, AND SECTION 1.5; ARTICLE Il:
SECTION 2.1, SECTION 2.3, AND SECTION 2.10; ARTICLE Ill: SECTION
3.1, SECTION 3.2, SECTION 3.3, SECTION 3.5, SECTION 3.6, SECTION 3.7,
SECTION 3.8, SECTION 3.9, SECTION 3.10, SECTION 3.11, SECTION 3.12,
SECTION 3.13, SECTION 3.14, SECTION 3.15 AND SECTION 3.16;
ARTICLE IV: SECTION 4.1, SECTION 4.2, SECTION 4.3, SECTION 4.4,
SECTION 4.5 AND SECTION 4.6; ARTICLE V: SECTION 5.1, SECTION 5.2,
SECTION 5.3, SECTION 5.4, SECTION 5.5, SECTION 5.6, SECTION 5.9,
SECTION 5.10, SECTION 5.11; ARTICLE VI: SECTION 6.1, SECTION 6.2,
SECTION 6.3, SECTION 6.4, SECTION 6.5, SECTION 6.6, SECTION 6.7,
SECTION 6.8, SECTION 6.9, SECTION 6.10, SECTION 6.11, SECTION 6.13,
SECTION 6.15, SECTION 6.16, SECTION 6.17, SECTION 6.18, SECTION
6.19, SECTION 6.20 AND SECTION 6.21; ARTICLE Vll: SECTION 7.1,
SECTION 7.2, SECTION 7.3, SECTION 7.4 AND SECTION 7.5; ARTICLE
VIII: SECTION 8.1, SECTION 8.2, SECTION 8.3, SECTION 8.4, SECTION
8.5 AND SECTION 8.6; ARTICLE IX: SECTION 9.1, SECTION 9.2,
SECTION 9.3, SECTION 9.4, SECTION 9.5, SECTION 9.6, SECTION 9.7,
SECTION 9.8, SECTION 9.9 AND SECTION 9.10; SCHEDULE Q: SECTION
1.0, SECTION 2.0, SECTION 3.0 AND SECTION 4.0; SCHEDULE J:
SECTION 1.0, SECTION 1.1, SECTION 2.1, SECTION 2.2., SECTION 2.3,
SECTION 2.4, SECTION 2.5, SECTION 2.6, SECTION 2.7, SECTION 3.1,
SECTION 3.2, SECTION 3.3., SECTION 3.5, SECTION 3.6, SECTION 4.1,
SECTION 4.2, SECTION 4.3, SECTION 4.4, SECTION 4.5, SECTION 4.6,
SECTION 5.1, SECTION 5.2, SECTION 5.3, SECTION 5.4, SECTION 6.0,
SECTION 7.0, AND APPENDIX A/APPENDIX 1; SCHEDULE L: SECTION
1.1, SECTION 1.2, SECTION 1.3, SECTION 1.4, SECTION 2.1, SECTION
2.2, SECTION 3.1, SECTION 4.1, SECTION 4.2, SECTION 5.1, AND
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, SECTION 3.7, SECTION 4.1, SECTION 4.2, SECTION 4.5,
SECTION 4.6, SECTION 4.7, SECTION 5.0, SECTION 6.0; DELETING AND
RENUMBERING CERTAIN SECTIONS; PROVIDING FOR ENTIRELY
NEW SECTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONFLICTS; PROVIDING FOR CODIFICATION; AND PROVIDING FOR
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Sanford finds it to be in the best interests
of the City and its citizens to amend the Land Development Code / Land Development Regulations
of the City of Sanford; and
WHEREAS, the amendment to the Land Development Regulations set forth in this
Ordinance are consistent with the Comprehensive Plan of the City of Sanford and all other applicable
law.
NOW THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF
SANFORD, FLORIDA:
SECTION 1. The exhibit to this Ordinance amending the following sections of the Land
Development Code / Land Development Regulations is hereby incorporated into and made apart of
this Ordinance. The sections and provisions amended are as follows:
ARTICLE I: SECTION 1.3, SECTION 1.4, AND SECTION 1.5; ARTICLE II:
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Ordinance No. 3690
SECTION 2.1, SECTION 2.3, AND SECTION 2.10; ARTICLE III: SECTION 3.1,
SECTION 3.2, SECTION 3.3, SECTION 3.5, SECTION 3.6, SECTION 3.7,
SECTION 3.8, SECTION 3.9, SECTION 3.10, SECTION 3.11, SECTION 3.12,
SECTION 3.13, SECTION 3.14, SECTION 3.15 AND SECTION 3.16; ARTICLE
IV: SECTION 4.1, SECTION 4.2, SECTION 4.3, SECTION 4.4, SECTION 4.5
AND SECTION 4.6; ARTICLE V: SECTION 5.1, SECTION 5.2, SECTION 5.3,
SECTION 5.4, SECTION 5.5, SECTION 5.6, SECTION 5.9, SECTION 5.10,
SECTION 5.11; ARTICLE VI: SECTION 6.1, SECTION 6.2, SECTION 6.3,
SECTION 6.4, SECTION 6.5, SECTION 6.6, SECTION 6.7, SECTION 6.8,
SECTION 6.9, SECTION 6.10, SECTION 6.11, SECTION 6.13, SECTION 6.15,
SECTION 6.16, SECTION 6.17, SECTION 6.18, SECTION 6.19, SECTION 6.20
AND SECTION 6.21; ARTICLE VII: SECTION 7.1, SECTION 7.2, SECTION 7.3,
SECTION 7.4 AND SECTION 7.5; ARTICLE VIII: SECTION 8.1, SECTION 8.2,
SECTION 8.3, SECTION 8.4, SECTION 8.5 AND SECTION 8.6; ARTICLE IX:
SECTION 9.1, SECTION 9.2, SECTION 9.3, SECTION 9.4, SECTION 9.5,
SECTION 9.6, SECTION 9.7, SECTION 9.8, SECTION 9.9 AND SECTION 9.10;
SCHEDULE Q: SECTION 1.0, SECTION 2.0, SECTION 3.0 AND SECTION 4.0;
SCHEDULE J: SECTION 1.0, SECTION 1.1, SECTION 2. l, SECTION 2.2.,
SECTION 2.3, SECTION 2.4, SECTION 2.5, SECTION 2.6, SECTION 2.7,
SECTION 3.1, SECTION 3.2, SECTION 3.3., SECTION 3.5, SECTION 3.6,
SECTION 4.1, SECTION 4.2, SECTION 4.3, SECTION 4.4, SECTION 4.5,
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Ordinance No. 3690
SECTION 4.6, SECTION 5.1, SECTION 5.2, SECTION 5.3, SECTION 5.4,
SECTION 6.0, SECTION 7.0, AND APPENDIX A/APPENDIX 1; SCHEDULE L:
SECTION 1.1, SECTION 1.2, SECTION 1.3, SECTION 1.4, SECTION 2.1,
SECT1ON 2.2., SECTION 3.1, SECTION 4.1, SECTION 4.2, SECTION 5.1, AND
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, SECTION 3.7, SECTION 4.1, SECTION 4.2, SECTION 4.5,
SECTION 4.6, SECTION 4.7, SECTION 5.0, SECTION 6.0; and potential other
provisions. Some selections are being deleted in their entirety, renumbered and some
new sections are being added.
SECTION2. Severability. IfanysectionorportionofasectionofthisOrdinanceproves
to be invalid, unlawful or unconstitutional it shall not be held to impair the validity, force or effect or
any other section or part of a section of this Ordinance.
SECTION3. Conflicts. All ordinances or parts ofordinances 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 Land Development Regulations/Land Development Code of the City of Sanford,
Florida; that the Sections of this Ordinance may be renumbered or relettered to accomplish such
intention; that the word, "Ordinance," may be changed to "Section," "Article," or other appropriate
word.
Page 4
Ordinance No. 3690
SECTION5. Effective Date. That this Ordinance shall become effective immediately upon
its passage and adoption.
PASSED and ADOPTED this / '~/~day o f .~taJ~44,{~.~ 1.0
ATTEST:
As the City Commission of the
City of Sanford, Florida
CERTIFICATE
I, Janet R. Dougherty, City Clerk of the City of Sanford, Florida, do hereby certify that a true
and correct copy of the foregoing Ordinance No. 36~9~ PASSED/4kND Afl)OPTED by the City
Commission of the City of Sanford, Florida, on thq~_ day of~ff~4,~tZ/d.4~, 209,1, was posted
at the front door of the City Hall in the City of Sanford, Florida, on the/~.~day o f j~(*£ ~Lt/J.L~,
2001.
he City Clerk of the (~dty (/
of Sanford, Florida
I:\NAH\FILES~200 l\Sanford\Ordinances\3690 Idr amend wpd
Page 5
Ordinance No. 3690
ARTICLE
Section 1.1
Section 1.2
Section 1.3
Section 1.4
Section 1.5
ARTICLE
Section 2.1
Section 2.2
Section 2.3
Section 2.4
Section 2.5
Section 2.6
Section 2.7
Section 2.8
Section 2.9
Section 2.10
Section 2.11
Section 2.12
Section 2.13
Section 2.14
Section 2.15
ARTICLE III.
Section 3.1
Section 3.2
Section 3.3
Section 3.4
Section 3.5
Section 3.6
LAND DEVELOPMENT REGULATIONS
CITY OF SANFORD, FLORIDA
TABLE OF CONTENTS
PAGE
Section 3.7
PURPOSE, GOALS, OBJECTIVES AND DEFINITIONS ............... I-1
Short Title ................................................................................................. I-1
Legislative Authority and Binding Effect ................................................. I-1
Legislative Purpose, Intent and Scope ...................................................... 1-2
Consistency With Comprehensive Plan .................................................... 1-3
Applicability .............................................................................................. 1-3
II. LAND USE, ZONING, AND PERFORMANCE CRITERIA ....................... 11-1
Zoning Districts ....................................................................................... 11-1
Assignment of Zoning Districts and
Adoption of Zoning District Map ............................................................ 11-4
Permitted Land Uses ................................................................................ 1I-5
Additional Requirements for Specific Uses ............................................. I1-6
General Requirements for Buildings,
Parcels, Building Setbacks and Yards ...................................................... 1I-6
Requirements for Vehicular Access,
Parking, Loading and Service Areas ........................................................ 11-6
Landscape, Land Use Compatibility
Requirements for Setbacks, Buffers
and Visual Screens and Tree Protection .................................................. I1-7
Nonconforming Land Use Provisions ...................................................... 11-7
Signs ......................................................................................................... 11-7
Environmentally Sensitive Areas ............................................................. I1-7
Construction and Design Standards ......................................................... I1-7
Historic Landmarks and Historic Districts ............................................... 11-8
Airports and Aircraft ................................................................................ I1-8
Concurrency Management ....................................................................... 11-8
Gateway Corridor Development Districts ................................................ 11-8
ADMINISTRATION AND PROCEDURES ..................................... m-1
Administrative Officials ......................................................................... 11I-1
Development Review Team ................................................................... HI- 1
Board of Adjustment .............................................................................. 111-2
Airport Zoning Commission .................................................................. 111-3
Historic Preservation Board ................................................................... 111-3
Site Development Permits
and Certificates of Completion ..............................................................
Violations, Remedies and Penalties ....................................................... 111-8
TABLE OF CONTENTS, Continued
PAGE
Section 6.14
Section 6.15
Section 6.16
Section 6.17
Section 6.18
Section 6.19
Section 6.20
Section 6.21
Effect of Final Plat
and Improvement Plan Approval ......................................................... VI-18
Guarantee of Improvements ................................................................. VI- 18
Recording of Final Plat ........................................................................ VI- 19
Vacation of Plats .................................................................................. VI-19
Replats, Resubdivision and Corrections .............................................. VI-20
Vacation of Rights-of-Way and Easements ......................................... VI-21
General Stipulations and Conditions ................................................... VI-21
Conflict with Public or Private Provisions ......................................... VI-22
ARTICLE VII. IMPROVEMENTS AND MAINTENANCE .................................... VII-I
Section 7.1
section 7.2
Section 7.3
Section 7.4
Section 7.5
General Requirements ........................................................................... VII- 1
Improvements Dedicated to the City ..................................................... VII-1
Improvements Retained in Private Ownership ..................................... VII-5
Maintenance of Common Areas, Facilities
and Improvements ................................................................................. VII-6
Variances ............................................................................................... VII-7
ARTICLE VIII. CONCURRENCY PROCEDURES .................................................VIII-1
Section 8.l
Section 8.2
Section 8.3
Section 8.4
Section 8.5
Section 8.6
Concurrency Management
Administrative Procedures ................................................................... VIII- 1
Applicability and Exemptions .............................................................. VIII- 1
Criteria for Concurrency
and Final Development Orders ............................................................ VIII-3
Concurrency Administration ................................................................ VIII-4
Capacity Reservation ........................................................................... VIII-5
Investment Reimbursement Plan for Construction
Of New Public Facilities ....................................................................... VII-7
ARTICLE IX. DEVELOPMENT AGREEMENTS ...................................................IX-1
Section 9.1
Section 9.2
Section 9.3
Section 9.4
Section 9.5
Section 9.6
Section 9.7
Section 9.8
Section 9.9
Section 9.10
Authorization to Enter Into Agreements ................................................ IX-1
Applicability ........................................................................................... IX- 1
Development Agreement Content .......................................................... IX-1
Development Agreement Review .......................................................... IX-3
Noticing Requirements .......................................................................... IX-4
Duration of Development Agreement .................................................... IX-4
Recording of Development Agreement;
Effective Date of Agreement ................................................................. IX-4
Amendment or Cancellation of Development Agreement ..................... IX-4
Modification/Revocation of Development Agreement .......................... IX-5
Periodic Review of Development Agreement ....................................... IX-5
iii
LAND DEVELOPMENT REGULATIONS
CITY OF SANFORD, FLORIDA
ARTICLE I: PURPOSE, GOALS, OBJECTIVES AND DEFINITIONSSECTION
1.1 SHORT TITLE
This ordinance shall be known and may be cited as the "City of Sanford's Land
Development Regulations," "City of Sanford Zoning Ordinance," "Land Development
Regulations," "regulations," "ordinance," and/or "City of Sanford Subdivision
Regulations."
SECTION 1.2
LEGISLATIVE AUTHORITY AND BINDING EFFECT
The legislative authority for the City of Sanford's Land Development Regulations is as
follows:
§163.3202 Florida Statutes, mandates that local governments shall adopt or
amend and enforce land development regulations that are consistent with and
implement their adopted comprehensive plan.
{}163.3202, Florida Statutes, requires that land development regulations shall
contain specific and detailed provisions necessary or desirable to implement the
adopted comprehensive plan and shall as a minimum:
(a)
(b)
(c)
(d)
(e)
(g)
(h)
Regulate the subdivision of land;
Regulate the use of land and water for those land use categories included
in the land use element of the Comprehensive Plan and ensure the
compatibility of adjacent uses and provide for open space;
Provide for protection of potable water wellfields;
Regulate areas subject to seasonal and periodic flooding and provide for
drainage and stormwater management;
Ensure the protection of environmentally sensitive lands designated in the
comprehensive plan;
Regulate siguage;
Provide for concurrency management. The concurrency management
system must require that no development order or permit for development
be issued unless such order or permit is conditioned on the availability of
required public facilities and services concurrent with the impacts of the
development. The concurrency management system is further elaborated
in Policies 8-1.4.1 through 8-1.5.1 of the City of Sanford's Comprehensive
Plan.
Ensure safe and convenient on-site traffic flow considering needed vehicle
parking.
I-1
SECTION 1.4
CONSISTENCY WITH COMPREHENSIVE PLAN
The City of Sanford's Land Development Regulations, pursuant to Sections 163.3201 and
163.3202, Florida Statutes, are hereby adopted to assist in implementing the goals,
objectives and policies of the Comprehensive Plan for managing the use of land and
water resources within the City of Sanford. The Land Development Regulations are and
shall remain consistent with the Comprehensive Plan as mandated by Chapter 163, Pt II:
the "Local Government and Comprehensive Plan and Land Development Regulation
Act", Florida Statutes. The Land Development Regulations shall be amended as
necessary to assure consistency with the City of Sanford's Comprehensive Plan.
SECTION 1.5
APPLICABILITY
General Applicability. The Land Development Regulations shall apply to all
development or changes in land use throughout the incorporated municipality of
the City of Sanford. No development, as defined herein, or change in land use
shall be undertaken without prior authorization pursuant to this Regulation.
Status of Previously Issued Construction Permits. The provisions of these
land development regulations and any amendments thereto shall not affect the
validity of any lawfully issued and effective construction permit if:
The development activity authorized by the permit has been commenced
prior to July 27, 1992 or will be commenced after the effective date of
this Regulation but within 60 days follo~ving the issuance of a valid
building permit granted prior to the effective date of these Land
Development Regulations; and
The development activity continues without interruption (except because
of war or natural disaster) until the development is complete. If the
construction permit expires, any further development on that site shall
occur only in conformance with the requirements of the City of Sanford's
Land Development Regulations or amendment thereto.
Status of Previously Approved Development Plans. Projects with unexpired
development plans on which development activity is taking place on July 27,
1992 or an amendment thereto is adopted must mcct only the requirements of the
regulations in effect when thc development plan was approved. If the develop-
ment plan expires, any further development on that site shall occur only in
conformance with the requirements of the City of Sanford's Land Development
Regulations or amendment thereto.
I-3
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 professional
offices as well as high density multiple family residential oppommities and
institutional uses. The allowable maximum residential density shall be up to a
maximum of twenty (20) units per acre. The maximum intensity of nonresidential
development measured as a floor area ratio is .35.
This land use policy designation district expressly excludes general retail sales
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;
(b)
Build on the purpose and function of the central business district and Lake
Monroe waterfront;
(c)
Encourage reinvestment in declining residential areas adjacent to commer-
cial core areas;
(d) Have potential to be served by a full complement of urban services;
(e)
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.
COMMERCIAL DISTRICTS
RC-1
Restricted Commercial. The RC-1 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 accessible
to major thoroughfares near residential neighborhoods. The maximum density of
development within the RC-1 district measured as a floor area ratio is .35.
Commercial development within the RC-1 district shall be generally 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
II-2
MI-2
uses. The maximum intensity for industrial development shall be a floor area
ratio of .50.
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.
SECTION 2.2 ASSIGNMENT OF ZONING DISTRICTS AND ADOPTION OF
ZONING DISTRICT MAP
A. 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.
B. Interpretation of Zoning District Map Boundaries. The following roles shall be used
to interpret the exact location of the Zoning District boundaries reflected on the Zoning
District.
II-4
Administrative Official's determination that the uses are ones permitted in Schedule B,
Permitted Uses, that the proposed use conforms with all applicable provisions of this
Ordinance including the specific requirements established in Schedule D, Planned
Development Project 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.
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 Requirements For
Buildings, Parcels, Building Setbacks And Yards and Schedule I, Base Building Line
And Designated Right-of-Way Line Requirements For Specific Streets.
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 Requirements.
II-6
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, Sign Regulations.
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 Sensitive Lands.
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, roles 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.
II-7
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.
For specific Historic District Development requirements, refer to the publication, "Design
Guidelines for New Construction in the Downtown Commercial Historic District of
Sanford, Florida" by Yielding and Provost, Architects and Engineers, August 1990. This
is an official part of Schedule S and may be obtained through the City of Sanford
Department of Engineering and Planning.
Historic structures and landmarks and historic districts are identified on the Downtown
Historic Area Map on file in the Department of Engineering and Planning.
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 Aimraft.
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.
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ARTICLE III: ADMINISTRATION AND PROCEDURES
SECTION 3.1 ADMINISTRATIVE OFFICIALS
The City Manager shall appoint an Administrative Official who shall be charged with the
authority to administer the Land Development Regulations and to enfome the regulations and
procedures contained herein. The Administrative Official, in the performance of his duties and
functions, may enter upon any land and make examinations and surveys that do not occasion
damage or injury to private property. For the purpose of performing any of the duties and
functions necessary to administer and enforce the Land Development Regulations, the
Administrative Official may appoint any appropriate persons as deputies who shall have and
exercise the authority of the Administrative Official, except the authority to appoint deputies.
SECTION 3.2
DEVELOPMENT REVIEW TEAM
Establishment And Membership. Development Review Team is hereby established
which shall be composed of officials of City departments, divisions and agencies
responsible for reviewing land development proposals. The following City officials or
their designated representative may be members of the Development Review Team:
2.
3.
4.
5.
6.
7.
Administrative Official
Building Official
City Engineer
City Planner
Director of Utilities
Director of Public Works
Fire Marshall
In addition, the Administrative Official may appoint additional members to serve on the
Development Review Team and seek guidance from the City Attorney as needed.
Officers and Procedures. The Chairman of the Development Review Team shall be the
Administrative Official. The Development Review Team may elect a Vice-Chairman
from among its members. The Administrative Official shall appoint a Secretary to the
Development Review Team to keep a record of its findings, decisions and
recommendations, which shall be a public record and shall be maintained in the Office of
the Administrative Official. Meetings of the Development Review Team shall be held at
the call of the Chairman and/or at such times as the Development Review Team shall
determine.
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Powers and Duties. The Development Review Team shall have the power to review
applications for annexation, subdivisions, site plans, street vacations, planned
development projects, developments of regional impact and other applications referred to
the Team by the Administrative Official. In revie~ving such applications the
Development Review Team shall recommend approval, denial or approval with
conditions, amendments or modifications. The Development Review Team's
recommendations shall be by consensus of the members. The Team's Secretary shall
transmit recommendations by the Development Review Team to the appropriate
reviewing authority, including but not limited to, the City Commission and the Planning
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and Zoning Commission. The powers and duties of the Development Review Team shall
include other responsibilities and authority as specifically set forth in this Ordinance.
General Considerations By TheDevelopment Review Team. The Development
Review Team has the authority to consider the following in its recommendations:
Whether an application and/or a plan is consistent with applicable goals,
objectives, policies, standards and proposals in the Comprehensive Plan.
Whether all public facilities and services necessary to serve the proposed use shall
be available concurrent with the actual impact of the use in question.
Whether the established level of service of public facilities necessary to serve the
development or phase thereof shall be adversely impacted by the proposed use or
activity.
Whether the proposed development minimizes adverse impacts to surrounding
properties.
SECTION 3.3
BOARD OF ADJUSTMENT
Powers and Duties. The Board of Adjustment shall have the power and duty to hear and
dispose of applications for variances and conditional uses. The authority of the Board of
Adjustment for issuing variances shall extend only to single-family and two-family
properties in residential districts.
Establishment And Appointment. A Board of Adjustment is hereby established which
shall consist of five (5) members appointed by the Mayor and confirmed by the City
Commission. Members shall have established permanent residency within the corporate
limits of the City of Sanford. No member of the Board of Adjustment shall be a paid or
elected official or employee of the City of Sanford.
Terms of Office. The initial term of office of members of the Board of Adjustment shall
be as follows: two (2) members shall be appointed for terms of three (3) years, two (2)
members shall be appointed for terms of two (2) years, and one (1) member shall be
appointed for a term of one (1) year. Appointments to fill vacancies occurring during an
initial term shall be for the balance of the term. Appointments upon expiration of an
initial term shall be for terms of three (3) years for all members.
Removal From Office And Vacancies. Any member of the Board of Adjustment may
be removed by the City Commission for neglect of duty, misfeasance, malfeasance,
conflict of interest or other cause after notice and public hearing. All vacancies, whether
by resignation, removal from office or expiration of the term of office, shall be filled
within thirty (30) days by the City Commission.
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Officers, Rules of Procedure And Minutes. The Board of Adjustment shall elect a
Chairman and a Vice-Chairman from among its regular members and shall appoint the
Administrative official or his duly authorized representative as Secretary of the Board.
The Board of Adjustment may create and fill such other offices as it may determine to be
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necessary for the conduct of its duties. Terms of all officers shall be for one (1) year,
with eligibility for re-election. The Board of Adjustment shall adopt roles for transaction
of its business and shall keep a record of its resolutions, transactions, findings and
determinations, which record shall be a public record and shall be maintained in the
Office of the Administrative Official. Meetings of the Board of Adjustment shall be held
at the call of the Chairman and at such times as the Board of Adjustment may determine.
SECTION 3.4
AIRPORT ZONING COMMISSION
The City of Sanford Airport Zoning Commission shall serve as the administrative agency
charged with the duty of administering and enforcing regulations within their respective
territorial limits as prescribed within Schedule R, Airports and Aircraft.
SECTION 3.5
HISTORIC PRESERVATION BOARD
Establishment of Historic Preservation Board. A Historic Preservation Board has been
created and established to conduct activities required in thc historic preservation
regulations included in Schedule S. The Board shall consist of eleven (1 1) members of
which nine (9) or more are residents or taxpayers of the city, and two (2) or less may be
residing outside the city, all of whom shall be appointed by majority vote of the City
Commission.
Powers and Duties. The Historic Preservation Board shall have the following powers
and duties.
To recommend a historic district area to the Planning and Zoning Board, City
Commission and Bureau of Historic Preservation of the Department of State of
the State of Florida.
To give written notice to the last known address of the owners of all properties to
be included in proposed historic districts.
Submit recommendations to the City Commission, Planning and Zoning
Commission and Board of Adjustment regarding development in the Historic
Districts.
4. Hear applications for certificates of appropriateness.
To inform property owners likely to be affected by certificate of appropriateness
applications.
Negotiate with property owners of landmarks proposed to be altered through
various property acquisition mechanisms and reduction or waiver of the waiting
period.
Conduct studies of matters relating to the preservation of landmarks and historic
districts.
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Recommend and monitor code enforcement actions for violations of Schedule S,
Historic Preservation.
9. Recommend to the City Commission properties for Historic Landmark
Designation.
Composition of Historic Preservation Board. The City Commission shall select the
members of the board from one or more of the following organizations or professions:
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
Local historical societies or groups.
The Florida or National Trust for Historic Preservation.
The Chamber of Commerce;
The local architects;
The local planners;
The local landscape architects;
The Bar Association;
The local engineering society;
The Scenic Improvement Board;
The Planning and Zoning Commission;
The Greater Sanford Development Corporation;
Interested residents of the city.
Terms of Office for Board Members.
If a vacancy occurs, the appointment of a replacement shall be made by city
commission.
Board Members Compensation. Members of the board shall serve without pay but shall
be reimbursed by the city for necessary expenses incurred in connection with their duties.
Historic Preservation Board Organization.
At their first meeting, the appointed board members shall elect officers including
a chairman, vice chairman and secretary who shall serve for terms of one (1) year
and may be reelected for one additional term.
The board may establish any rules necessary for the orderly conduct of its
business.
3. All meetings of the board shall be open to the public.
The board shall keep a record, which shall be available for public inspection and
copying of its resolutions, proceedings, and actions.
Removal of a member may be recommended at any time by an affirmative vote of
the Board or by the City Commission, provided notice of intention to remove is
included as an agenda item on said meeting notice.
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6. A member who misses more than three (3) consecutive meetings or more than
four (4) meetings within a fiscal year, shall forfeit his or her office.
G. Procedure for Issuing Certificate of Appropriateness.
Prior to issuance or denial of a certificate of appropriateness the Board shall take
such action as may reasonably be required to inform the owner of any property
likely to be materially affected by the application, and shall give the applicant and
such owner an opportunity to be heard.
In cases where the Board deems it necessary, it may hold a public hearing
concerning the application.
If the Board determines that the proposed construction, reconstruction, alteration,
moving or demolition is appropriate it shall forthwith approve such application
and shall issue to the applicant a certificate of appropriateness.
If the Board determines that a certificate of appropriateness should not be issued,
it shall place upon its records through the record of that month's meetings
minutes, the reasons for such determination and shall forthwith notify the
applicant of such determination, furnishing him or her an attested copy of its
reasons therefore and its recommendations, if any, as appearing in the records of
the Board.
The Board 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.
Any person aggrieved by a determination of the Board may appeal such
determination to the City Commission by filing a written appeal within thirty
(30) calendar days of the Board action. The decision of the City Commission on
an appeal shall constitute final action.
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Federal Grants. Where the Board recommends the purchase or condemnation of a
historic landmark or any interest therein, and where the City Commission follows such
recommendation, the City Commission may, wherever practicable, make use of federal
grants as provided in the National Historic Preservation Act of 1966.
Investigations and Reports. The Board may make such investigations and studies of
matters relating to the protection, enhancement, perpetuation or use of landmarks and
historic districts, and to the restoration of landmarks as the Board any, from time to time,
deem necessary or appropriate for the effectuation of the purposes of this schedule, and
may submit reports and recommendations as to such matters to the mayor and other
agencies of the city. In making such investigations and studies, the Board may hold such
public hearings as it may deem necessary or appropriate.
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SECTION 3.6
SITE DEVELOPMENT PERMITS AND CERTIFICATES OF
COMPLETION
Site Development Permit Required Prior to Construction or Alteration. It shall be
unlawful to commence the construction or alteration of any structure or land until the
Administrative Official has issued a Site Development Permit authorizing such work.
Any owner or the owner's authorized agent who desires to construct, enlarge or alter any
building or structure or to cause any such work to be done shall first make application to
the Administrative Official and obtain a Site Development Permit therefore. The
procedure for securing a Site (i.e., infrastructure) Development Permit shall be as
follows:
1. Application. All applications shall be in the form required and provided by the
Administrative Official. Such application shall be submitted to the Administrative
Official together with the fee established in the manner prescribed in the Land
Development Regulations and all supplemental data or information necessary to
permit determination of the proposed use's compliance with the Land
Development Regulations, such application form, supplemental data and fee
being collectively hereinafter called "the completed application".
2. Action on Application. If the proposed construction or alteration conforms to all
applicable provisions of the Land Development Regulations, the Administrative
Official shall issue a Site Development Permit authorizing such construction or
alteration. If the proposed construction of alteration fails to so conform, the
Administrative Official shall deny the application for a Site Development Permit,
giving written notice to the applicant of the reasons for the denial. Under no
circumstances shall a Site Development Permit be issued for the construction or
alteration of any structure for which a "building permit" is also required unless
such Site Development Permit is issued in conjunction with the requested
"building permit".
3. Validity. The issuance of a Site Development Permit by the Administrative
Official shall not waive any provision or requirement of the Land Development
Regulations nor shall failure by the Administrative Official to specify one or more
reasons for denial of an application for a Site Development Permit preclude such
reasons being specified in denying any reapplication for such Site Development
Permit.
4. Duration. Every Site Development Permit issued shall become invalid if the
work authorized by such permit is not commenced and substantial progress made
as determined by the Administrative Official within twelve (12) months after its
issuance, or if the work authorized by such permit is suspended or abandoned for
a period of three (3) months alter the time the work is commenced; provided that
for cause, one or more extensions of time, not to exceed six (6) months each, may
be granted by the Administrative Official and such extension noted on the Site
Development Permit.
5. Uncompleted Structure. A building or structure not completed in conformity
with the plans and specifications upon which the Site Development Permit for
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such construction or alteration was issued shall not be maintained or be permitted
to remain unfinished beyond the term of the Site Development Permit's validity.
It is unlawful for a person, firm or corporation to construct, enlarge, alter or
repair or improve any building or structure after expiration of the validity of the
Site Development Permit originally authorizing work upon such building or
structure.
Exemption for Certain Agricultural Buildings. A Site Development Permit
shall not be required for agricultural buildings which are accessory to permitted
uses located on premises within the AG, Agriculture Zoning District provided
such agricultural buildings are in conformance with all applicable provisions of
the Land Development Regulations including, but not limited to, setbacks and
buffer requirements. Agricultural buildings for uses which require conditional
use approval shall require a Site Development Permit.
Certificate of Completion Required Prior to Occupancy or Change of Use. It is
unlawful to occupy any newly erected or altered structure or to change the use of any
premises even though no structure was erected or altered until the Administrative Official
has issued a Certificate of Completion therefore. The Owner of any structure or premises,
or his authorized agent, who desires to occupy or use any newly erected or altered
structure or to change the use of any premises must apply to the Administrative Official
for a Certificate of Completion authorizing such occupancy or use. The procedure for
securing the Certificate of Completion is as follows:
Application. All applications shall be in the form required and provided by the
Administrative Official and may, with respect to newly erected or altered
structures, be made as part of the application for a Site Development Permit. The
application shall state the proposed use of the structure or premises and the date
upon which the premises will be ready for such occupancy or use.
Action on Application. If the newly erected or altered structure and/or the new
use of premises conforms with all applicable provisions of the Land
Development Regulations the Administrative Official shall issue a Certificate of
Completion authorizing the proposed use thereof. If the structure or use fails to
conform to the provisions of the Land Development Regulations, the
Administrative Official shall deny the application for a Certificate of Completion,
giving written notice to the applicant of the reasons for the denial. Prior to taking
action, the Administrative Official shall inspect any newly erected or altered
structure or premises for which a new use is proposed and shall issue or deny a
Certificate of Completion.
Issuance of Temporary Certificate Prior to Completion of Structure. The
Administrative Official may issue a temporary certificate of completion for a
portion of the structure in the process of erection or alteration, upon completion of
such portion of the structure, provided that such temporary certificate of
completion shall not be effective for a period in excess of six (6) months and
provided, further, that such completed portion of the structure is in conformity
with the Land Development Regulations. No temporary certification of
completion shall be issued, however, except upon application therefore signed by
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the owner of the premises and the building contractor, if any, responsible for
completion of the work.
Validity. The issuance of a Certificate of Completion by the Administrative
Official shall not waive any provision or requirement of the Land Development
Regulations nor shall failure of the Administrative Official to specify one or more
reasons for denial of a Certificate of Completion preclude such reasons being
specified in denying any reapplication for a Certificate of Completion.
Duration. A Certificate of Completion shall continue in full force and effect
during the term of the use authorized therein, provided that if such use is
suspended or abandoned for a period of twelve months such Certificate shall
thereafter be invalid and the premises shall not be reoccupied or used for any
purpose until a new Certificate of Completion has been issued in accordance with
the provisions of this Section.
Exemption For Certain Agricultural Uses. A Certificate of Completion shall
not be required for the use of a premises located within the AG, General
Agriculture Zoning District provided such premises are used for permitted
farming, forestry, poultry and/or livestock and provided such use is in con-
formance with all applicable provisions of the Land Development Regulations
including, but not limited to, setbacks and buffer requirements and does not
involve the use of any agricultural building which requires conditional use
approval. Uses and agricultural buildings which require conditional use approval
shall require a Certificate of Completion.
Erroneously Issued Permits And/Or Certificates. Site Development Permits and/or
Certificates of Completion issued on the basis of incorrect information supplied by the
applicant are void Site Development Permits and/or Certificates of Completion issued as
a result of incorrect information or through error by the Building Official shall not
constitute a waiver of any provision or requirement of the Land Development
Regulations respecting such use and shall be administratively rescinded by the
Administrative Official. Within thirty (30) days following notice of such rescission, the
applicant may file an amended application (without fee) upon which a valid Permit or
Certificate may be issued.
SECTION 3.7 VIOLATIONS, REMEDIES AND PENALTIES
Notwithstanding any provision of the Land Development Regulations or the Sanford
City Code to the contrary, a person owning or occupying any building, that is used,
erected, constructed, reconstructed, altered or moved or maintained in violation of the
Land Development Regulations shall be subject to the penalties as provided for in the
Land Development Regulations; Chapter 18, Article V, Sanford City Code; and the
provisions of Chapter 2, Article XI, Sanford City Code relative to proceedings before the
City of Sanford Code Enforcement Board
The City Commission or any appropriate City official, may institute any appropriate
action or proceedings in a civil action in the circuit court to prevent such unlawful
erection, construction, reconstruction, alteration, conversion, movement, maintenance, or
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use, or, to restrain, correct or abate such violation, or to prevent any illegal act, conduct
of business or use in or about such premises. If permitted by law, the administrative
official may also authorize any appropriate officer, bureau, department or agency to
disconnect utilities serving the premises in violation.
In addition to any other remedy herein set forth, the City may, based upon a violation of
the Land Development Regulations, revoke the license(s) issued pursuant to Chapter 16,
Sanford City Code, pursuant to the provisions of Section 16-7, S anford City Code.
The administrative official, upon receiving notice of any violations, shall issue notice to
all violators of the Land Development Regulations and shall order that such violations
cease.
SECTION 3.8
ADMINISTRATIVE APPEALS
Right of Appeal. Appeals to the City Commission may be taken by any person
aggrieved or by any officer, board or agency of the City or by the City Commission in the
enforcement of the Land Development Regulations.
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Procedure For Appeal; Time Limitation. An appeal to the City Commission shall be
taken within thirty (30) calendar days afier rendition of the order, requirement or
determination by the Planning and Zoning Commission, Board of Adjustment, Historic
Preservation Board, Airport Zoning Board or the Administrative Official to which the
appeal is directed. For purposes of computing the time for filing an appeal, "rendition" of
an order, requirement, decision or determination shall be the date at which a written,
dated and signed instrument expressing such decision is filed in the records of the
Administrative Official. The original and one (1) copy of the Notice of Appeal on a form
provided by the Administrative Official shall be filed with the Administrative Official
who shall forthwith transmit to the City Commission all the documents, plans, papers or
other mater/als constituting the record upon which the action appealed from was taken
and the original Notice of Appeal.
Hearing. Except for appeals initiated by a member of the City Commission or appeals of
decisions of the Historic Preservation Board, hearings on Appeals to the City
Commission shall be held in conformity with the provisions of Section 3.11. Appeals
initiated by a member of the City Commission or appeals of decisions of the Historic
Preservation Board may be directed to the City Commission as a regularly scheduled
agenda item at a City Commission meeting unless the Historic Preservation Board heard
the matter as a public hearing in which case the City Commission shall also hear the
matter as a public hearing.
Scope of Review of City Commission. In reviewing orders, requirements, decisions or
determinations of the Planning and Zoning Commission, Board of Adjustment, Historic
Preservation Board, Airport Zoning Board or the Administrative Official upon appeal
thereof in conformity with this section, the City Commission shall review the documents,
plans, papers or other materials constituting the record upon which the action was taken
and any new material, documents or testimony that may have beating on the decision.
Appeals shall be de novo. The City Commission may, upon appeal, reverse or affirm
wholly or partly, or may modify the order, requirement, decision, or determination made
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by the Planning and Zoning Commission, Board of Adjustment, Historic Preservation
Board, Airport Zoning Board or the Administrative Official, and may make any
necessary further orders, requirements, decisions or determinations respecting the subject
of the appeal and, to that end, shall have all the powers of the Planning and Zoning
Commission anWor the Administrative Official, respecting such matter. A concurring
vote of no less than a majority of the members of the City Commission present at a
meeting at which a quorum is present shall be necessary to reverse or modify any order,
requirement, decision or determination of the Planning and Zoning Commission, Board
of Adjustment, Historic Preservation Board, Airport Zoning Board or the Administrative
Official by the City Commission.
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Effect of Appeal; Stay of Proceedings. An appeal to the City Commission shall, upon
filing, stay all work on the premises and all proceedings in furtherance of the order,
requirement, decision of determination appealed from, unless the Administrative Official
shall certify to the City Commission that, by reason of facts stated in the certificate, a stay
would cause immediate peril to life or property in which case, proceedings or work shall
not be stayed except by a restraining order granted by the City Commission for due cause
shown after notice to the party filing the appeal and to the Administrative Official or the
City Commission.
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Rules of Procedure. The City Commission may adopt such rules, not inconsistent with
the provisions of this section and of Section 3.11 to govern proceedings upon appeals
from orders, requirements, decisions or determinations of the Planning and Zoning
Commission, Board of Adjustment, Historic Preservation Board, Airport Zoning Board
or the Administrative Official.
SECTION 3.9 CONDITIONAL USES
Whenever in the Land Development Regulations, a use is permitted as a Conditional Use, the
determination whether, and the circumstances under which, such use shall be permitted shall be
made by the Planning and Zoning Commission, or in the case of single family dwellings by the
Board of Adjustment, and the Administrative Official shall not issue a Site Development Permit
nor Certificate of Completion except upon and in conformity with an order of the Planning and
Zoning Commission.
Application For Conditional Use. Any owner or an owner's authorized agent who
desires to construct, enlarge or alter any building or structure or to occupy any existing
structure or premises for a use permitted only as a Conditional Use shall first make
application to the Planning and Zoning Commission or the Board of Adjustment for
approval of such Conditional Use. The procedure for securing an order approving a
Conditional Use shall be as follows:
Application. All applications for Conditional Use shall be in the form required
and provided by the Administrative Official. Such application shall be submitted
to the Administrative Official together with the fee established in the manner
prescribed by the Land Development Regulations and all supplemental data or
information necessary to permit determination of the extent and probable impact
of the proposed use and the proposed use's compliance with the Land
Development Regulations, such application form, supplemental data and fee
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being collectively the "completed application". An applicant for approval of a
Preliminary Subdivision Plan in conjunction with a Conditional Use shall also
submit at least nine (9) copies of the preliminary subdivision plan folded to nine
(9) inches by twelve (12) inches and supplementary materials required to
accompany such plan as prescribed in Article V, Section 5.4 of the Land
Development Regulations to the Administrative Official, such plan and
supplementary materials collectively hereinafter called the "proposed Preliminary
Subdivision Plan."
Referral to Development Review Team. If the applicant seeks approval of a
Preliminary Subdivision Plan in conjunction with a Conditional Use, the
Development Review Team shall review the proposed Preliminary Subdivision
Plan in the manner prescribed in Article V, Section 5.3 of the Land Development
Regulations. The findings of the Development Review Team respecting the
proposed Preliminary Subdivision Plan and its recommendation respecting
approval, disapproval or modification thereof shall be transmitted in writing to the
Planning and Zoning Commission by the Administrative Official.
Planning and Zoning Commission or Board of Adjustment Action on
Application. Upon receipt of an application for a Conditional Use, the Planning
and Zoning Commission or Board of Adjustment shall hold a public hearing upon
the application in accordance with the procedures in Section 3.12 and enter its
order granting or denying such application for conditional use. In granting any
application, the Planning and Zoning Commission or Board of Adjustment may
prescribe appropriate conditions and safeguards, including the requirement to
permanently buffer the premises from adjoining and contiguous properties by a
specific visual screen, which shall become a part of the terms under which a Site
Development Permit and Certificate of Completion shall issue.
Standards For Planning and Zoning Commission Review.. In considering and acting
upon an application for Conditional Use the Planning and Zoning Commission or the
Board of Adjustment shall observe the following standards and make findings as to
whether the application meets the standards, except that, pursuant to Article VIII, one and
two family dwellings shall be exempt from concurrency review:
The conditional use must be consistent with the goals, objectives and policies of
the Comprehensive Plan and the land development regulations.
Public facilities and services including, but not limited to, roadways, park
facilities, schools, police and fire protection, drainage systems, refuse and
disposal systems, water and server must be adequate to serve the proposed use.
The proposed develop must not adversely affect known archeological, historical
or cultural resources.
The design of the proposed development must minimize adverse effects,
including, but not limited to, visual, noise and traffic impacts, of the proposed use
on the surrounding properties.
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The conditional use must be compatible with the nature and intensity of the
development surrounding the premises and with the community character of the
immediate vicinity of the parcel proposed for development.
The location and topography of the premises proposed for development must
make the use an appropriate use which will not adversely affect the public
interest.
It shall be the burden of the applicant to prove compliance with said standards prior to the
issuance of a Development Order.
Amendment To Preliminary Subdivision Plan. If, after approval of a
Preliminary Subdivision Plan as a conditional use pursuant to the provisions of
this section, the owner of any property reflected on the Preliminary Subdivision
filed and approved incident to such approval requests to amend thc same, an
application for approval of such amendment shall be filed and acted upon in the
same manner as herein prescribed for original applications for approval of a
Preliminary Subdivision Plan as a conditional use.
SECTION 3.10 VARIANCES
Applicability. A modification to the terms and development standards of
Schedules C, D, E, F, G, H, I, J, K, S and U may be granted where a variance
would relieve a practical difficulty or undue hardship caused by a strict
application of the regulations after a finding that the proposed variance is
consistent with the standards of Section 3.10D. It shall be the burden of the
applicant to prove compliance with said standards.
Appropriate conditions may be prescribed to ensure that the purposes of these
regulations are carried out and to ensure that the variance granted is the minimum
necessary to allow reasonable use of the land, structures and improvements.
Under no circumstance shall the provisions of this section be construed to mean
that any provisions, requirements and/or regulations contained within the Land
Development Regulations can be waived or reduced which may reasonably be
complied with by the applicant.
B. Authority to grant a variance. The following are authorized to grant variances:
The Board of Adjustment shall have authority to authorize a variance for
one-family dwellings and two-family dwellings located in residential
zoning districts (SR-1AA, SR-1A, SR-1 and SR-2).
The Planning and Zoning Commission shall have the authority to
authorize a variance for multiple-family dwellings, non-residential land
uses, and all other land uses.
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The Administrative Official shall have the authority to authorize a de
minimus variance of fifteen percent (15%) or less of any standard or term
included in a Schedule referenced above for all land uses including one-
family and two-family dwellings.
Application for a Variance. An owner or his authorized agent seeking a
variance as permitted by this Section incident to application for a Site
Development Permit or Certificate of Completion must make application in
accordance with the following procedures:
Application. All applications for variances shall be in the form required
and provided by the Administrative Official. Such application shall be
submitted to the Administrative Official together with the application fee
established in the manner prescribed in the Land Development
Regulations. In order to make a determination regarding the application,
additional data or information pertaining to the application may be
required. A 'complete application' includes the application form, the
application fee and all required supplemental data and information.
All applications requesting a reduction in required dimensions shall be
accompanied by a survey of the parcel prepared by a surveyor registered
in the State of Florida.
o
Board of Adjustment or Planning and Zoning Commission Action on
Application. Upon receipt of an application for a variance of greater than
fifteen percent (15%) the Board of Adjustment or Planning and Zoning
Commission shall hold a public hearing upon the application in
accordance with the procedures in Section 3.12 and enter its order
granting or denying such application. In granting such application the
Board of Adjustment or Planning and Zoning Commission must make
specific affirmative findings respecting each of the matters specified in
subsectionC, below, and may prescribe appropriate conditions and
safeguards, including requirements in excess of those otherwise required
by the Land Development Regulations, which shall become a part of the
terms under which a Site Development Permit and Certificate of
Completion shall issue.
Administrative Official action on Application. Upon receipt of an
application for a variance of fifteen percent (15%) or less, as set forth in
subsection B, the Administrative Official may approve, approve with
conditions or deny the application. The Administrative Official shall
prepare a development order pursuant to Section 3.13E. of the Land
Development Regulations for those applications that are approved or
approved with conditions and find that the standards in subsection C. have
been satisfied and that the variance being granted is the minimum variance
required in order to make possible the reasonable use of the land,
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structures and other improvements. De minimus variances do not require
noticing or a public hearing.
The Administrative Official shall have the discretion to require that an
application for a de minimus variance be heard by the Planning and
Zoning Commission or the Board of Adjustment at a public hearing.
Standards for Consideration for Variances. Before any variance may be
granted, the Board of Adjustment, Planning and Zoning Commission or
Administrative Official shall find that the variance would relieve a practical
difficulty or undue hardship caused by a strict application of the regulations
provided that the variance is occasioned by:
1. A hardship that may inhibit the extent to which a property can be used:
(a)
by reason of exceptional narrowness, shallowness or shape of a
specific parcel of land; or
(b)
by reason of exceptional topographic conditions or physical
features uniquely affecting a specific parcel of land; or
(c)
by reason of an extraordinary and exceptional situation uniquely
affecting a specific parcel of land or the structures lawfully
existing thereon; or
The purposes of the Land Development Regulations would be advanced
by a deviation from the zoning ordinance requirements and the benefits of
the deviation would substantially outweigh any resulting detriment.
SECTION 3.11
NOTICE AND HEARING PROCEDURE FOR
ADMINISTRATIVE APPEALS
In considering and acting upon Administrative Appeals, the following procedures shall be
observed:
Date of Hearing for Administrative Appeals. Hearing shall be held by the City
Commission at a date and time fixed by the Mayor and shall in no event be less
than thirty (30) nor more than sixty (60) days after the filing of a notice of appeal.
Notice. Upon notification by the Mayor of the date fixed for hearing on any
matter subject to the provisions of this Section, the City Clerk shall cause a notice
of the time, place and purpose of such hearing to be published at least once in a
newspaper of general circulation in the City of Sanford with the first such
publication to be at least ten (10) days prior to the date of the hearing. The City
Clerk shall also mail similar notices setting forth the time, place and purpose of
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the hearing to (a) the applicant and (b) the owner of the property described in the
application, if other than the applicant. In addition, the City Clerk shall transmit
notice setting forth the time, place and purpose of the hearing to the
Administrative Official. Upon receipt of such notice from the City Clerk, the
Administrative Official shall cause notices setting forth the time, place and
purpose of the hearing to be posted in a conspicuous place or places on or about
the land described in the application. Affidavit proof of the required publication,
mailing and posting of the notices shall be presented at the hearing.
Appearance and Argument. At any heating upon any matter subject to the
provisions of this Section, the applicant seeking action by the City Commission
and any other party desiring to be heard upon the application may appear in
person, by agent or by attorney. The applicant shall be entitled to make an initial
presentation respecting the application and, at the conclusion of presentations or
statements by all other parties, shall be entitled to offer a statement in rebuttal to
such presentations if the applicant so desires. The Mayor may, at the
commencement of the hearing upon each application or at any time during such
hearing, require that parties desiring to make a presentation identify themselves
and may specify the time to be allowed each such party within which to make
such presentation.
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Decision and Order by the City Commission. Action by the City Commission
upon any matter subject to the provisions of this Section shall be announced by
the Mayor immediately following the vote determining such action and shall
thereafter be embodied in a written order prepared by the City Clerk and executed
by the Mayor and the City Clerk. Such written order shall be incorporated into
the minutes of the meeting at which such action occurred.
SECTION 3.12
NOTICE AND HEARING PROCEDURE FOR
CONDITIONAL USES AND VARIANCES
In considering and acting upon applications for Conditional Use (including applications
for amendments to Preliminary Subdivision Plans approved as conditional uses), and
applications for variances the following procedures shall be observed:
Date of Hearing. Heatings shall be held by the Planning and Zoning Commission
or the Board of Adjustment at a date and time fixed by the Chairman and shall in
no event be less than thirty (30) nor more than sixty (60) days after the filing of a
completed application.
Notice. Notice of the hearing shall proceed in the following manner:
Upon notification by the Chairman of the Planning and Zoning
Commission or the Board of Adjustment of the date fixed for hearing on
any matter subject to the provisions of this Section, the Administrative
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Official, shall cause a notice of such hearing to be published at least once
in a newspaper of general cimulation in the City of Sanford with such
publication to be at least ten (10) days prior to the date of the hearing. The
notice shall include:
(a) Location, date and time of the hearing.
(b) A description of the location of the parcel proposed for
development sufficient to identify the site to the general public.
(c) A brief description of the proposal being considered.
(d) Identification of the body conducting the hearing.
(e) Type of application being considered.
The Administrative Official shall also mail similar notices setting forth the
time, place and purpose of the hearing to:
(a) the applicant;
(b)
the owner of the property described in the application, if other than
the applicant; and
(c)
the owners of every parcel of land within a distance of two
hundred (200) feet from the property line of the property described
in the application t. In addition, the Administrative Official shall
cause notices of the hearing to be posted in a conspicuous place or
places on or about the land described in the application.
Affidavit proof of the required publication, mailing and posting of the
notices shall be presented at the hearing.
For purposes of determining the name and address of persons entitled to
notice under this Section, the owner of property shall be deemed to be the
person who is so identified in the most current tax roll certified for
collection and maintained in the office of the Seminole County Tax
Collector. Such notice shall be mailed at least ten (10) days prior to the
scheduled hearing date.
Appearance and Argument. At any hearing upon any matter subject to the
provisions of this Section, the applicant seeking action and any other party
desiring to be heard upon the application may appear in person, by agent or by
attorney. The applicant shall be entitled to make an initial presentation respecting
the application and, at the conclusion of presentations or statements by all other
parties, shall be entitled to offer a statement in rebuttal to such presentations if the
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applicant so desires. The Chairman may, at the commencement of the hearing
upon each application or at any time during such hearing, require that parties
desiring to make a presentation identify themselves and may specify the time to
be allowed each such party within which to make such presentation.
Decision and Order by the Planning and Zoning Commission or Board of
Adjustment. Action by the Planning and Zoning Commission or Board of
Adjustment upon any matter subject to the provisions of this Section shall be
announced by the Chairman immediately following the vote determining such
action. All actions to approve or to approve with conditions shall thereafter be
embodied in a written order prepared by the Administrative Official.
Development Order Granting Conditional Use or Variance. The written order
shall grant the application, in whole or in part, under such terms and conditions as
are determined to be appropriate.
1. All development orders shall be in writing and shall contain the following:
(a)
(b)
(c)
(d)
(e)
(0
The name of the property owner and the name of the proposed
development.
The legal description of the property and, where appropriate, the
street address.
A precise description of the development activity being approved.
Reference to the approved plans or blueprints including name of
the preparer and the date of the plans.
Any special conditions of the development approval.
The expiration date of the development order.
The written development order shall be incorporated into the minutes of
the meeting at which such action occurred.
The Administrative Official shall have the authority to issue a Site
Development Permit in conformity with an approved development order
and shall thereafter issue the Certificate of Completion only upon
determining that all of the conditions and requirements of such order
granting the approval were met and observed.
Effect and Limitation of Approved Order. An order granting a conditional use
or variance, and a Site Development Permit or Certificate of Completion issued
pursuant thereto, shall be deemed applicable to the parcel for which it is granted
and not to the individual applicant provided that no order or Site Development
Permit or Certificate of Completion issue thereto shall be deemed valid with
respect to any use of the premises other than that specified in the approved
application.
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Recording of the Development Order. No development order approving, or
approving with conditions, a variance or a conditional use shall become effective
until said development order is recorded in the official records of Seminole
County.
Time Limit of Development Order. A development order shall become null and
void one (1) year from the effective date unless all or specified portions of the
development as defined in the order are commenced. However, the approving
body may impose specific time limits other than one (1) year on the approval.
The development order shall also become null and void if all construction is not
completed within three (3) years from the effective date of the development order
unless otherwise specified in the development order.
Extension of Development Order. A development order may be extended by the
Administrative Official for a period not to exceed six (6) months if the request for
the extension is made before the development order becomes null and void.
SECTION 3.13 FINALITY OF DECISION
City Commission. When the City Commission has taken action respecting an
Administrative Appeal, no application for the same relief shall be accepted by the
City Clerk for consideration by the City Commission for a period of one (1) year
from the date of such action, provided however, that an applicant may request and
the City Commission may waive the provision of this Section for proper cause
after heating in conformity with the provisions of Section 3.11.
Planning and Zoning Commission. When the Planning and Zoning Commission
has taken action respecting an Application for Conditional Use or variance, no
application for the same relief shall be accepted by the Administrative Official for
consideration by the Planning and Zoning Commission for a period of one (1)
year from the date of such action, provided however, that an applicant may
request and the Planning and Zoning Commission may waive the provision of this
Section for proper cause after hearing in conformity with the provisions of
Section 3.12.
Board of Adjustment. When the Board of Adjustment has taken action
respecting an Application for a Conditional Use or a Variance affecting one-
family and two-family dwellings, no application for the same relief shall be
accepted by the Administrative Official for consideration by the Board of
Adjustment for a per/od of one (1) year from the date of such action, provided
however, that an applicant may request and the Board of Adjustment may waive
the provision of this Section for proper cause after hearing in conformity with the
provisions of Section 3.12.
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SECTION 3.14 JUDICIAL REVIEW OF DECISIONS
Any person or persons, jointly or severally, or any officer, department, board,
commission or bureau of the governing body aggrieved by any decision of the City
Commission respecting an Administrative Appeal may apply, in the manner provided by
law, to the Circuit Court in the Eighteenth Judicial Circuit for judicial relief within thirty
(30) days after rendition of a decision.
SECTION 3.15 PREAPPLICATION CONFERENCE
Ao
Applicability. The following shall apply to all proposed development within the
City of Sanford.
A preapplication conference is recommended prior to the submittal of any
development application.
Applications for conditional uses or variances for one and two family
dwellings shall not require preapplication conferences.
A preapplication conference shall be required prior to the submittal of the
following types of applications.
(a)
(b)
(c)
(d)
(e)
(0
Conditional Use.
Variance.
Plarmed Development Project.
Master Plan.
Preliminary Subdivision.
Minor Subdivision.
Purpose: The purpose of the preapplication conference is to acquaint the
participants with the requirements of these land development regulations and the
views and concerns of the City of Sanford prior to the submittal of any formal
application for development approval. Depending on the scope of the proposed
project, an applicant may meet with the Administrative Official or his or her
designee or with the Development Review Team. Comments made at the
preapplication conference are intended to provide guidance and are nonbinding on
the formal review of the development plans.
Submittal Requirements. Prior to the preapplication conference, the applicant
shall provide to the Administrative Official the following information:
A description of the character, location and magnitude of the proposed
development.
A survey, preliminary site plan or copy of the plat of the parcel proposed
for development.
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A written list of any deviations from the land development regulations
proposed by the applicant.
Any questions or concerns regarding the development review process or
the land development regulations.
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ARTICLE IV: ZONING AMENDMENTS AND PLANNED
DEVELOPMENT PROJECTS
SECTION 4.1
AMENDMENTS TO ORDINANCE TEXT OR SCHEDULES
Amendments to the text ofthe land development regulations or to the Schedules adopted and
incorporated by reference herein shall be made only by Ordinance duly adopted in the manner
prescribed by law for the adoption of Ordinances by the City Commission, provided that no
proposed Ordinance amending such text or the Schedules shall be adopted by the City
Commission until the proposed amendment has been referred to the Planning and Zoning
Commission for review and recommendation as to the relationship of such proposal to the City's
Comprehensive Plan or appropriate elements or portions thereof, provided further, that if the
Planning and Zoning Commission fails to make a recommendation respecting such proposed
amendment within two months after the time of reference, then the City Commission may act
upon the proposed amendment.
SECTION 4.2
AMENDMENTS TO ZONING DISTRICT MAP
The Zoning District Map may be amended from time to time to change the Zoning District
within the incorporated area of the City in accordance with the following procedures:
Origination of Proposed Amendments. Proposed amendments to the Zoning District
Map changing the Zoning District within the incorporated area of the City of Sanford,
Florida, may originate by resolution of the City Commission, the Planning and Zoning
Commission or by application of the owners of fifty-one percent (51%) or more of the
land area involved in the proposed change.
Proposals originating with the City Commission or the Planning and Zoning Commission
must be reflected in an appropriate resolution of the originating body and a copy of such
resolution, upon adoption, shall be filed with the Administrative Official.
Proposals originating with the owners of fifty-one percent (51%) or more of the land area
involved in the proposed change shall be in the form of an application required and
provided by the Administrative Official and shall be submitted to the Administrative
Official together with the fee established in the manner prescribed in this Ordinance.
Such application shall be signed by the owners of fifty-one percent (51%) or more of the
land area involved in the proposed change and described in the application or by the
authorized agent of such owner or owners. Written authority authorizing a person other
than the property owner to sign an application shall be attached to such application.
Referral to the Planning and Zoning Commission. Any proposal for amendment to the
Zoning District Map pursuant to the section shall, upon receipt by the Administrative
Official, be referred to the Planning and Zoning Commission for consideration and the
formulation of a recommendation to the City Commission.
Hearing By Planning and Zoning Commission. Upon receipt of an application for
amendment to the Zoning District Map pursuant to this section and reference thereof to
the Planning and Zoning Commission, the Administrative Official shall, upon notification
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by the Chairman of the Planning and Zoning Commission of the date fixed for a hearing,
cause notices of the time, place and purpose of a hearing upon the application to be
published, mailed and posted in the manner provided in Section 3.12B of the land
development regulations. At the time and date established by such notice, the Planning
and Zoning Commission shall conduct a hearing upon the application in the manner
provided by Section 3.12C and D of the land development regulations and, shall
recommend adoption or denial of the application to the City Commission provided,
however, that in the case of a Proposed Planned Development Project Plan, the Planning
and Zoning Commission shall recommend adoption, adoption with modifications and~or
conditions or denial of the application to the City Commission.
Action By City Commission. Following hearing by the Planning and Zoning
Commission, the Administrative Official shall submit the proposed amendment to the
Zoning District Map, with the recommendation of the Planning and Zoning Commission,
to the City Commission for consideration. No proposal to amend the Zoning District
Map shall be permitted to be withdrawn by the applicant from and after the date on which
the Planning and Zoning Commission makes its recommendation to the City Commission
regarding such proposed amendment.
The City Commission shall consider and act upon such application and the
recommendation of the Planning and Zoning Commission in the manner prescribed by
law for the adoption of Ordinances by the City Commission and thereafter adopt or refuse
to adopt such proposed amendment.
In acting upon a proposal to amend the Zoning District Map, the City Commission may
approve a more restrictive zoning designation than the designation proposed in the
application including, but not limited to, the Planned Development zoning classification.
Development Order Required for Zoning Map Amendment with Planned
Development Project. The zoning map shall be amended by ordinance executed by the
City Commission which shall grant the application for an amendment. In addition, all
zoning map amendments which include Planned Development projects shall be approved
by a written development order in the form specified in Section 3.12E.
Special Requirements Respecting Amendment To Zoning District. No amendment to
change the Zoning District of a specific parcel of land to a Zoning District different from
the Zoning District of adjoining property shall be adopted unless the specific parcel of
land involved in the proposed change has seventy five (75) feet or more of street frontage
and 10,000 square feet or more of land area, provided however, that the zoning map may
be amended so that a parcel of land may be added to an existing adjacent zoning district
regardless of the size of the pamel or its street frontage.
Finality of Decision. Whenever the City Commission has taken action to deny a
proposed amendment to the Zoning District Map originating upon application of the
owners of fifty-one percent (51%) or more of the property involved in the proposed
change, unless such denial is specifically without prejudice to reapplication, no other
application by the owners of such land for amendment to the Zoning District Map
respecting such land shall be accepted by the Administrative Official for consideration by
the Planning and Zoning Commission or City Commission for a period of one (1) year
from the date of the action denying the proposed amendment provided, however, that an
applicant may request and the City Commission may waive the provisions of this Section
for proper cause after heating in conformity with the provisions of Section 3.11 (B), (C)
and (D).
SECTION 4.3
PLANNED DEVELOPMENT PROJECT PLAN REVIEW
Approval of Planned Development Project Plans shall constitute and thereby require an
amendment to the Zoning District Map. The procedure for review of Planned Development
Project Plans shall be as follows:
Application For Approval. The applicant for approval of a Planned Development
Project Plan shall submit at least nine (9) copies of the master plan folded to nine (9)
inches by twelve (12) inches, the supplementary materials required to accompany such
plan and the fee established in Article X to the Administrative Official, such plan,
supplementary materials and fee being collectively hereinafter called the "proposed
Planned Development Project Plan". The Planned Development Project Plan and
supplementary materials shall be in the form prescribed in Article V, 5.10.
Referral To Development Review Team. Upon receipt of a proposed Planned
Development Project Plan, the Administrative Official shall forward copies thereof to the
Development Review Team who shall review the proposed Planned Development Project
Plan. The collective findings of the Development Review Team respecting the proposed
Planned Development Project Plan and their collective recommendation in writing
respecting approval, disapproval or modification thereof shall be transmitted to the
Administrative Official.
Referral To Planning And Zoning Commission. Upon receipt of the written and
collective recommendation of the Development Review Team, the Administrative
Official shall refer the proposed Planned Development Project Plan and the
recommendation of the Development Review Team to the Planning and Zoning
Commission for consideration and the formulation of a recommendation to the City
Commission.
Hearing By Planning And Zoning Commission. Upon receipt of the proposed Planned
Development Project Plan and the recommendation of the Development Review Team,
the Planning and Zoning Commission shall hold a hearing upon the matter in the manner
prescribed in Section 4.2(C).
Action By City Commission. Following a hearing by the Planning and Zoning
Commission, the City Commission shall consider the proposed Planned Development
Project Plan and the recommendation of the Planning and Zoning Commission in the
manner prescribed in Section 4.2(D).
Signature Of Approved Planned Development Project. If the proposed Planned
Development Project Plan is approved the Mayor shall execute at least one copy of the
Planned Development Project Plan indicating the date of such approval. The approved
and signed Planned Development Project Plan and required supplementary materials shall
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then be filed in the Office of the Administrative Official and shall constitute the Planned
Development Project Plan for the parcel in question.
If the proposed Planned Development Project Plan is disapproved or approved subject to
modification or condition, the Administrative Official shall return one copy of the Master
Plan and required supplementary materials to the applicant along with a copy of the City
Commission's action respecting the same.
Approval Of Proposed Planned Development Project Plans; Extension Of Time
Limits. The City Commission may prescribe in the order respecting a proposed Planned
Development Project Plan any reasonable conditions, limitations or requirements
including, but not limited to, requirements in excess of those otherwise required bythe
land development regulations, as a condition to approval of such proposed Planned
Development Project Plan. The City Commission may specify, in an order approving a
proposed Planned Development Project Plan, specific time limits within which all or spe-
cified portions of the development contemplated thereby shall be started or completed.
Only the City Commission shall have the authority to grant a time extension to an
approval with specified time limits. Such extension shall not exceed six (6) months and
shall be granted only within the original period of validity.
If the City Commission does not specify a time limit, the planned development project
approval shall expire three (3) years from the effective date of the approval and all work
must be completed within the three-year time frame. The Administrative Official may
grant an extension of time not to exceed six (6) months and only within the original
period of validity to the time limit when the City Commission specifies no time limit.
Development Order Granting Approval of a Planned Development. A written order
prepared by the Administrative Official and executed by the Mayor shall grant, or grant
with conditions, the application for a Planned Development. The written order shall be in
the form specified in Section 3.12E.
Expiration Of Specified Time Limits. If a specific time limit prescribed in an approved
Planned Development Project Plan or order extending the time prescribed in an approved
Planned Development Project Plan expires without compliance with such order, the
action of the City Commission approving the Planned Development Project Plan shall be
automatically rescinded without City Commission action and the zoning classification
shall revert to the pr/or classification.
Amendment To Planned Development Project Plan. If, after approval of a Planned
Development Project Plan pursuant to the provisions of this section the owner of any
property reflected on such approved Planned Development Project Plan applies to amend
the same, application for approval of such amendment shall be filed and acted upon in the
same manner as herein prescribed for original applications for approval of Planned
Development Project Plans.
Lo
Intergovernmental Coordination. The City shall require that development applications
be coordinated, as appropriate, with the City of Lake Mary, Seminole County, the
Seminole County School Board, other special districts, the East Central Florida Regional
Planning Council (ECFRPC), the St. Johns River Water Management District, the
Sanford Historic Preservation Board, the Sanford Airport Authority as well as applicable
State and Federal agencies prior to issuance of a development order or permit. The City
shall coordinate with the ECFRPC in meeting regional policies contained in the Regional
Comprehensive Policies Plan.
Concurrency Management. No planned development project shall be approved for a
proposed development until there is a finding that all public facilities and services have
sufficient capacity at or above their adopted level-of-service (LOS) to accommodate the
impacts of the development including, but not limited to, traffic impacts, or that
improvements necessary to bring facilities up to their adopted LOS will be in place
concurrent with the impacts of the development, as defined in Schedule Q, Concurrency
Management.
SECTION 4.4
MASTER PLAN REVIEW
A Master Plan covering the entire parcel proposed for development shall be required prior to, or
in conjunction with, a Site Plan which covers only a portion of the entire parcel proposed for
development provided however, that the requirements of this section shall not apply to approved
Planned Development Project Plans covering the same parcel in question. The procedure for
submission, review and approval of a Master Plan required by this article shall be the same as
required for a Site Plan as set forth in Section 5.3. One copy of the Master Plan shall, when
approved, be signed and dated by the Chairman of the Planning and Zoning Commission. The
approved and signed Master Plan shall then be filed in the Office of the Administrative Official
and shall constitute the basis for preparation and submittal of future Site Plans for the parcel in
question. No site development permit and/or certificate of completion shall be issued on the
basis of an approved Master Plan until a Site Plan for the specific land and/or water area in
question has been approved and filed in the Office of the Administrative Official.
The City shall require that development applications be coordinated, as appropriate, with the
City of Lake Mary, Seminole County, the Seminole County School Board, other special districts,
the East Central Florida Regional Planning Council (ECFRPC), the St. Johns River Water
Management District, as well as applicable State and Federal agencies prior to issuance of a
development order or permit. The City shall coordinate with the ECFRPC in meeting regional
policies contained in the Regional Comprehensive Policies Plan.
No final development order shall be granted for a proposed master plan until there is a finding
that all public facilities and services have sufficient capacity at or above their adopted level-of-
service (LOS) to accommodate the impacts of the development, including traffic impacts, or that
improvements necessary to bring facilities up to their adopted LOS will be in place concurrent
with the impacts of the development, as defined in Schedule Q, Concurrency Management of
these land development regulations.
The proposed master plan shall be transmitted to the Historic Preservation Board for appropriate
action if required by Section 4.00 of Schedule S.
The proposed master plan shall be transmitted to the Airport Zoning Commission for appropriate
action if required by Section 9.00 of Schedule R.
SECTION 4.5 MASTER PLAN REQUIREMENTS
All Master Plans shall contain at least the following data and information:
Master Plan Sheet Format. Master Plans shall be drawn at a scale of 200 feet to the
inch or larger. The maximum sheet size for master plans shall not exceed 24 inches by
36 inches. Multiple sheets may be used provided each sheet is numbered and the total
number of sheets is indicated on each sheet. Cross referencing between sheets shall be
required. Necessary notes and symbol legends shall be included. Abbreviations should
be avoided but if used they shall be defined in the notes.
B. General Information. The Master Plan shall include the following general information:
1. The identification "Master Plan" on each sheet
2. Legend, including:
Name of Development
Proposed Street Address
Acreage
Scale
North Arrow
Preparation/Revision Date
Tax Parcel No. (Seminole County Property Appraiser)
3. Name, Address and Phone Number off
a. Owner
b. Owner's Authorized Agent
c. Engineer
d. Surveyor
e. Others involved in application
Vicinity Map. Show relationship of site to surrounding streets and public facili-
ties at a scale of 1":2000' or larger.
5. Legal Description of the parcel in question.
C. Existing Conditions and Proposed Development. The Master Plan shall show the
existing and proposed location and general dimensions of thc following:
1. Streets. Both on and adjacent to the site including:
a. Name
b. Location
c. Right-of-Way Width
d. Driveway Approaches
e. Medians and Median Cuts
An analysis of the traffic cimulation and related impacts based on requirements in
Schedule Q, Concurrency Management.
Easements. Indicate location, dimensions, purpose and maintenance
responsibility.
3. Utilities. Provider and capacity.
4. Zoning.
5. On-Site Improvements and Uses.
Residential areas including acreages, housing types, maximum height,
densities and maximum number of dwelling units by type, phase and total
pamel.
Nonresidential areas including acreages, maximum square footage,
maximum height and type of use.
General areas of permanent open space, recreation and/or buffers
including acreages.
General areas, including acreages, to be reserved or dedicated for public
parks, playgrounds, schools or other public uses.
Boundaries of areas proposed for subdivision including their designated
purpose and/or use, provided, however, the subdivision of such areas shall
be subject to all provisions and requirements of the City's subdivision
regulations.
Boundaries and numerical sequence of proposed development phasing.
6. Adjacent Improvements, Uses and Zoning.
Topography. As delineated by U.S. Geological Survey Maps or other
competent expert evaluation, and extending 50 feet beyond the property
boundaries. All elevations shall be based on mean sea level datum and
referenced to the United States Geodetic Survey or its equivalent.
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10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
Soil Type(s). As identified in the Soil Survey, Seminole County, Florida,
U.S.D.A. Soil Conservation Service or other competent expert evaluation.
When soil suitability limitations are indicated for the proposed development,
the City Engineer may require a preliminary soil analysis by a qualified soils
engineer.
100-year Floodplain. As identified on Map I-1, Water Resources of the
Comprehensive Plan.
Drainage. Depict existing drainage characteristics and proposed stormwater
management concept.
Surface Water. Approximate normal high water elevation or boundaries of
existing surface water bodies, streams and canals, both on and within 50 feet
of site.
Wetlands. As identified by the Future Land Use Map of the Comprehensive
Plan, designated as Resource Protection (RP), St. Johns River Water
Management District Wetlands Mapping or other competent evaluation.
Natural Vegetation and Landscape. Indicate general location, size and type
of existing upland wildlife habitats as identified on Map I-9, Vegetative
Communities of the Comprehensive Plan and identify general location, size
and type of proposed vegetation including trees.
Wellfieid Protection Zones. Indicate whether or not the parcel is located
within a wellfield protection zone as identified by the Wellfield Protection
Zone Maps on file in the Department of Engineering and Planning.
Aquifer Recharge Area. As identified on Map I-1, Water Resources of the
Comprehensive Plan.
Potable Water and Wastewater. Indicate required capacity, available
capacity and provider.
Fire Protection. State method of fire protection.
Reclaimed Water. Include a statement regarding the use of the City of
Sanford's reclaimed water system including the amount of reclaimed water
to be utilized and method of disposal on the site.
Solid Waste Disposal. Include a statement regarding the proposed
provider, projected amount and method of solid waste disposal. Explain
hazardous waste disposal if applicable.
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SECTION4.6
SPECIAL MASTER PLAN CONDITION
When a Master Plan covers the entire parcel proposed for development, no Site
Development Permit or Certificate of Completion shall be issued for a lot, tract, phase or
other increment of development which covers only a portion of the entire parcel proposed
for development when the effect of such action would result in a violation ofihe land
development regulations.
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ARTICLE V: DEVELOPMENT PLAN REVIEW PROCEDURES
SECTION 5.1
INTENT OF DEVELOPMENT PLAN REVIEW
The intent of Development Plan Review is to set forth uniform procedures, well-defined application
processes and information requirements that ensure that:
Development of individual sites within the City is consistent with all applicable minimum
development standards;
The approval of such development will be based upon the provision and availability of
adequate public facilities and services coincident with the impact of the development; and
The development is compatible and coordinated with existing and anticipated development
within the immediate area surrounding the site.
Development Plan Review includes two parts: Site Plan Review and Engineering Plan Review
which may be accomplished concurrently if desired by the applicant. Each of the two Development
Plan Review processes is intended to define the relationship and differentiate between overall and
specific site design considerations and technical engineering and construction requirements. Site
Plan Review shall generally be completed upon action or decision of the Planning and Zoning
Commission. Engineering Plan Review shall generally be completed upon action or decision of the
Administrative Official.
Master Plan Review is required when separate increments or development phases are proposed.
SECTION 5.2
APPLICABILITY OF DEVELOPMENT PLAN REVIEW
Development Plan Review Required Prior to Construction or Alteration. It shall be
unlawful to commence the construction, alteration or use of any structure or vehicular
parking or circulation area until such construction, alteration or use has been approved
pursuant to Development Plan Review requirements set forth in this Ordinance.
Exemptions to Development Plan Review. Construction, alteration, or use of the following
types of structures shall be exempt from Development Plan Review provided, however, that
any owner or the owner's authorized agent who desires to construct, enlarge, alter or use any
building or structure or to cause any such work to be done or activities to be conducted shall
first provide such plans and information to the Administrative Official in a form which the
Administrative Official deems necessary in order to assure compliance with all applicable
requirements of this Ordinance:
1. One (1) one-family dwelling located on one (1) lot or tract.
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2. One (1) two-family dwelling located on one (1) lot or tract.
Plans denoting construction or alteration to an existing structure which does not
require additional parking and does not increase the gross floor area more than 3,000
square feet or more than 50 percent of the existing structure, whichever is less.
4. Agriculture as defined in these land development regulations.
SECTION 5.3
SITE PLAN REVIEW PROCEDURES
The applicant may initiate Site Plan Review Procedures before, or concurrently with, the initiation of
Engineering Plan Review Procedures for a parcel. The procedure for review ora Site Plan is:
Application For Approval. The applicant for approval of a Site Plan shall submit at least
nine (9) copies of the site plan, folded to nine (9) inches by twelve (12) inches, the
supplementary materials required to accompany such plan and the application fee to the
Administrative Official. Such plan, supplementary materials and fee are hereinafter called
the "proposed Site Plan". The Site Plan and supplementary materials shall be in the form
proscribed in Section 5.4. No application shall be deemed accepted unless it is complete.
The Administrative Official shall advise the applicant of whether the proposed Site Plan is
accepted or not accepted. If the proposed Site Plan is not accepted, the Administrative
Official shall inform the applicant in writing of one or more reasons for denial of acceptance
of the site plan. Failure by the Administrative Official to specify one or more reasons for
denying the acceptance of a site plan application shall not preclude such reasons being
specified in denying any reapplication for such site plan. The Administrative Official may
reject a site plan application or reapplication by reason of lack of clarity or readability.
Recommendation By Development Review Team. Upon acceptance of the proposed Site
Plan, the Administrative Official shall distribute copies of the proposed Site Plan to the
Development Review Team. The Development Review Team shall then meet to consider the
application. The applicant or his agent may be present at this meeting.
Following the Development Review Team's meeting to consider the proposed Site Plan, the
Administrative Official, as Chairman of the Development Review Team, shall either:
Request that additional information, revisions, modifications, clarification or other
data applicable to the site plan application be provided or accomplished by the
applicant or his agent, and/or:
Prepare a written recommendation to approve, approve with conditions or deny the
site plan application and transmit such recommendation to the owner or his/her
authorized agent, members of the Development Review Team and members of the
Planning and Zoning Commission.
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Transmit the proposed site plan to the Historic Preservation Board for appropriate
action if the property includes a historic structure or landmark or is within a historic
district as identified on the Downtown Historic District Map on file in the
Department of Engineering and Planning.
Transmit the proposed site plan to the Airport Zoning Commission for appropriate
action if required by Section 9 of Schedule R.
Fix a date for consideration of the proposed Site Plan by the Planning and Zoning
Commission, or approve with conditions or deny the application.
Construction or alteration to an existing structure which does not require additional
parking and does not increase the gross floor area more than 3,000 square feet or
more than 50 pement of the existing structure whichever is less may be approved by
the Development Review Team.
Action By Planning and Zoning Commission. The Planning and Zoning Commission shall
consider the proposed Site Plan at a public meeting and enter its decision to approve, approve
with conditions or deny the proposed Site Plan. The Planning and Zoning Commission must
make specific findings respecting each of the matters specified in Subsection 5.3 D and may
prescribe appropriate conditions and safeguards which shall become a part of the terms under
which a site development permit is issued.
If the proposed site plan is approved, the Chairman of the Planning and Zoning Commission
shall indicate such approval by signing his name on at least one copy of the Site Plan
indicating the date of such approval and by preparing a development order approving or
approving with conditions the application. The approved and signed development order, Site
Plan and required supplementary materials shall then be filed in the Office of the
Administrative Official and shall constitute the Site Plan Approval for the parcel. The
development order shall be forwarded to the Development Review Team upon their review
of the Engineering Plan for the same project. The Development Review Team may add
additional conditions~pertaining to the Engineering Plan to the development order.
All development orders shall be made in writing and shall contain, at a minimum, the
following information:
2.
3.
4.
The name of the property owner and the name of the proposed development;
The legal description of the property and, where appropriate, the street address;
A precise description of the development activity being approved;
Reference to the approved plans or blueprints and, when applicable, reference to the
elevation drawings including name of the preparer and date of the plans;
Any special conditions of the development approval; and
The expiration date of the development order.
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If the proposed Site Plan is disapproved or approved subject to modification, the
Administrative Official shall retum one copy of the Site Plan and required supplementary
materials to the applicant along with a copy of the Planning and Zoning Commission's action
respecting the same.
Standards for Consideration of Proposed Site Plan. Before any proposed site plan may be
approved or approved with conditions, the Planning and Zoning Commission must find all of
the following:
That the proposed site plan is consistent with all applicable goals, objectives, policies
and standards in the City of Sanford's Comprehensive Plan.
That the proposed site plan meets or exceeds all applicable minimum standards and
requirements as set forth in the City's land development regulations.
That the environmental impact of the proposed site plan will be compatible with
existing and anticipated land use activities in the immediate neighborhood and that
such application will not be injurious to the area involved or otherwise detrimental to
the public interest, safety or welfare.
That adequate facilities and services necessary to serve development associated with
the proposed site plan will be available and in place at the time of impact of the
development or phase thereof or that the development is located in an area exempted
from concurrency requirements.
Time Limits and Extension of Time Limits Upon Site Plans. Planning and Zoning
Commission action to approve or approve with conditions upon proposed site plans shall be
valid for a period of six (6) months prior to the issuance of a Site Development Permit
provided, however, that the Planning and Zoning Commission shall have the authority to
prescribe specific time limits upon the proposed site plan within which all or specified
portions of the development contemplated thereby shall be started or completed.
If the applicant requests an extension of time for the site plan approval within the six (6)
n~onth period of validity, the Administrative Official may grant an extension of time for up to
slx (6) months. A request for an extension of time of more than six (6) months, must also be
made within the six (6) month period of validity of the site plan approval and must be
approved by the Planning and Zoning Commission.
Intergovernmental Coordination. All development applications shall be coordinated, as
appropriate, with the City of Lake Mary, Seminole County, the Seminole County School
Board, other special districts, the East Central Florida Regional Planning Council (ECFRPC),
the St. Johns River Water Management District, the Sanford Historic Preservation Board, the
Sanford Airport Authority, as well as applicable State and Federal agencies prior to issuance
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of a development order or permit. The City shall coordinate with the ECFRPC in meeting
regional policies contained in the Regional Comprehensive Policies Plan.
Concurrency Management. No final development order shall be granted for a proposed
development until there is a finding that all public facilities and services have sufficient
capacity at or above their adopted level-of-service (LOS) to accommodate the impacts of the
development, including traffic impacts, or that improvements necessary to bring facilities up
to their adopted LOS will be in place concurrent with the impacts of the development, as
defined in Schedule Q, Concurrency Management, of these land development regulations or
that the proposed development is exempt from concurrency.
SECTION 5.4
SITE PLAN SUBMITTAL REQUIREMENTS
All site plans and required supplementary material shall cover the entire parcel proposed for
development unless such site plan and required supplementary material is based on a Master Plan
approved and filed in the Office of the Administrative Official in accordance with Section 5.10. All
site plans shall contain at least the following data and information:
Site Plan Sheet Format. Site plans shall be prepared and certified by an architect, engineer
or landscape architect licensed in the State of Florida and drawn at a scale of one inch to
100 feet or larger. The maximum sheet size for site plans shall not exceed 24 inches by 36
inches and all sheets shall be folded to nine (9) inches by twelve (12) inches prior to
submittal. All submittals shall be accompanied by a reduction of the site plan to eleven
inches (11") by seventeen inches (17"). Multiple sheets may be used provided that each sheet
is numbered and the total number of sheets is indicated on each sheet. Cross referencing
between sheets is required. Necessary notes and symbol legends shall be included.
Abbreviations should be avoided but if used they shall be defined in the notes.
B. General Information.
1. The identification "Site Plan" on each sheet
2. Legend, including:
Name of Development
Proposed Street Address
Acreage
Scale
North Arrow
Existing Zoning and Other Special Districts
Preparation/Revision Date
Tax Pamel No. (Seminole County Property Appraiser)
3. Name, Address and Phone Number off
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a. Owner
b. Owner's Authorized Agent
c. Engineer
d. Surveyor
e. Others involved in application
Vicinity Map. Show relationship of site to surrounding streets and public facilities at
a scale of 1":2000' or larger.
Legal Description of the parcel in question.
C. Existing Conditions.
1. Existing Streets. On, adjacent to and within 50 feet of site, including:
a. Name
b. Location
c. Right-of-Way Width
d. Driveway Approaches
e. Medians and Median Cuts
f. Curbing
Existing Easements. Indicate location, dimensions, purpose and maintenance
responsibility.
3. Existing Utilities. Provider, location and size.
4. Existing On-Site Improvements and Uses.
Each building and structure shall be individually identified or numbered.
Existing use, square footage and number of dwelling units shall be provided.
Vehicular use areas
Other impervious surfaces
Adjacent Improvements, Uses and Zoning. Identify adjacent buildings, structures,
curb cuts, accessways, other vehicular use areas, drainfields, wells and other
impervious surfaces extending fifty feet (50') beyond the property boundaries or as
determined necessary by the Administrative Official. Also indicate adjacent zoning
districts.
Topography. At one (1) foot contours (elevations based on mean sea level datum
preferred) and extending 50 feet beyond the property boundaries. All elevations
shall be based on mean sea level datum and referenced to the United States Geodetic
Survey or its equivalent. Note on the plans the benchmark used, its designation,
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10.
11.
12.
13.
14.
15.
16.
17.
location, description and elevation as described in the Seminole County Vertical
Control Points and Elevations Manual.
Soil Type(s). As identified in the Soil Survey, Seminole County, Florida, U.S.D.A.
Soil Conservation Service or other competent expert evaluation. When soil
suitability limitations are indicated for the proposed development, the City Engineer
may require a preliminary soil analysis by a qualified soils engineer.
Drainage. Depict and, if necessary, explain existing surface drainage characteristics
of site including relationship to adjacent land areas.
100-year Floodplain. As identified on Map I-1, Water Resources of the
Comprehensive Plan.
Surface Water. Approximate normal high water elevation or boundaries of existing
surface water bodies, streams and canals, both on and within 50 feet of site.
Wetlands. As identified by the Future Land Use Map of the Comprehensive Plan as
Resource Protection (RP), St. Johns River Water Management District Wetlands
Mapping or other competent evaluation.
Wellfield Protection Zones. Indicate whether or not the parcel is located within a
wellfield protection zone as identified by the Wellfield Protection Zone Maps on file
in the Department of Engineering and Planning.
Floodways and Drainageways. As identified on Map I-1, Water Resources of the
Comprehensive Plan.
Aquifer Recharge Area. As identified on Map I-1, Water Resources of the
Comprehensive Plan.
Upland Wildlife Habitat. As identified on Map I-9, Vegetative Communities of the
Comprehensive Plan.
Trees. Indicate location, size and type of existing trees as required by this Ordinance.
Signs. Location, size and type.
D. Proposed Development.
1. Proposed Buildings and Structures. Individually identified by number, symbol or
other appropriate system, including the following information:
a. Location.
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Proposed Use For Each Building Or Portion Thereof.
Dimensions and Height.
Gross Floor Area For Nonresidential Uses - In square feet by building, use
and total.
Floor Plan For Nonresidential Buildings.
Number of Dwelling Units - By building, by type of dwelling unit and total.
Density - By type of residential land area (one family, two family, mobile
home or multiple family) and for total residential land area.
Net Density - Same as g., above, except exclude land area that is unsuitable
for development.
Preliminary Architectural Elevations.
Location of each single family residence. Individually identify each house lot
and indicate the location, square footage and dimensions of each house on the
lot.
For residential subdivisions and multifamily developments, indicate the
location, dimensions and materials of entrance features, including entrance
signage, water features and associated landscaping.
Proposed preliminary address list including street names and address scheme
in accordance with the established addressing system.
Required Yards, Setbacks, Buffers, Open Space and Distances. Indicate location
and dimensions of all required yards, setbacks and buffers and location and
percentage of site devoted to open space. Also indicate distance between buildings.
Outdoor Storage and Display Areas. Include dimensions, type, screening type and
materials,
Proposed On-Site and Off-Site Vehicular Circulation System, Parking Areas
and Pedestrian Circulation. Include location, dimensions and typical construction
specifications of:
Driveways, Approaches and Curb cuts.
Vehicular access points, Accessways and Common Vehicular Access Points.
Off-street Parking Spaces, Loading, Unloading and Service Area Space.
Requirements - Also note number of spaces required and provided by use.
Other Vehicular Use Areas.
Sidewalks and Other Pedestrian Use Areas.
Typical Cross-Sections - By type of improvement.
Traffic Control Devices.
Landscaping Plan. Include the location and specifications for plantings for parking
lot landscaping, buffers, open spaces, recreation areas and other required landscaped
areas and required landscape which shall include a schedule of common and
botanical plant names and total quantities by container size and species, seed mixes
with application rates and relevant germination specifications. In addition, identify
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10.
I1.
12.
13.
14.
water conservation techniques which include use of drought tolerant plants as well as
efficient relationship of plant types to irrigation water demands;
Irrigation Plan. The irrigation plan shall consist of:
Location and specifications for irrigation equipment;
Source of water for irrigation system.
Existing Tree Protection. Identify existing trees to be protected and explain or
illustrate method to preserve such trees both during and after construction.
Street Graphics and Outdoor Lighting. Include the locations and sizes of all signs
and the intensity and nature of all proposed lighting.
Public and Semi-Public Lands and Facilities. Identify the location, extent,
maintenance responsibility and ownership of:
Street Rights-of-way.
Easements for ingress/egress, utilities, drainage or a related stormwater
management function, pedestrian ways, sidewalks, bike paths and other
similar or related functions.
Designated Lands for parks, open space and recreational facilities,
stormwater management, schools and other public facilities.
Potable Water Supply and Wastewater Disposal System. Indicate required
capacity, available capacity, provider, general location and size of lines and proposed
ownership of and maintenance responsibility for improvements.
Fire Protection. Identify nearest existing or proposed hydrant location in relationship
to building(s) and other fire protection systems.
Reclaimed Water System. Unless exempt from the reclaimed water requirements,
include a statement regarding the use of the City of San ford's reclaimed water system
including the amount of reclaimed water to be utilized and method of application on
the site.
Solid Waste Disposal and Service Equipment. Identify the location of dumpsters
and other service equipment locations, including dimensions of pads and
maneuvering areas for collection and service vehicles. Also indicate methods and
materials to be utilized to prevent such dumpsters and equipment from being viewed
from public rights-of-way and adjacent property.
Proposed Topographic Elevations and Preliminary Drainage Plan. Indicate
proposed topographic elevations at one (1) foot contours (datum based on mean sea
level preferred), direction of flow, proposed methods of stormwater
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retention/detention, including location and size of swales, drainage improvements,
proposed outfalls, drainage easements and preliminary engineering calculations.
15.
Concurrency Management. An analysis of the traffic circulation and related
impacts to prove that the proposed plan would meet all roadway concurrency
requirements if the project were approved based on requirements in Schedule Q,
Concurrency Management.
16.
Elevation Drawings. Conceptual elevation drawings of the north, south, east and
west side of each building shall be submitted as a part of the Site Plan Review
package. Drawings shall depict the general architectural style of the buildings, the
height of the buildings and shall, at a minimum, list the types of exterior building
materials, colors and finishes proposed for use. In addition, the applicant shall
submit a typical wall section of the front facade of each building.
Exceptions. Any applicant may request that required information described in Paragraphs C
and D of this section be omitted from the site plan application, provided however, that such
request shall be subject to the following requirements:
The request shall be in written form and shall be submitted with the proposed site
plan.
The request shall identify the information, item or data that is proposed to be omitted
from the site plan application and shall fully explain the reasons that such
information, item or data does not apply to such application.
The Administrative Official has the authority to accept or reject such request pursuant
to procedures set forth in Section 5.3(A).
SECTION 5.5
ENGINEERING PLAN REVIEW PROCEDURES
The applicant shall initiate Engineering Plan Review Procedures set forth in this section concurrently
or after the initiation of Site Plan Review Procedures for the parcel in question. The procedure for
review of an Engineering Plan shall be as follows:
Application For Approval. The applicant for approval o fan Engineering Plan shall submit
at least nine (9) copies, folded to nine inches (9") by twelve inches (12"), of the engineering
plan, the supplementary materials required to accompany such plan and the fee established in
a manner prescribed in Article X to the Administrative Official. Such plan, supplementary
materials and fee are collectively hereinafter called the "proposed Engineering Plan". The
Engineering Plan and supplementary materials shall be in the form prescribed in Section 5.6
below. No application shall be deemed accepted unless it is complete. The Administrative
Official shall advise the applicant of whether the proposed Engineering Plan is accepted or
not accepted. If the proposed Engineering Plan is not accepted, the Administrative Official
shall inform the applicant in writing of the reasons that the engineering plan is incomplete.
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Failure by the Administrative Official to specify one or more reasons shall not preclude such
reasons being specified in denying any reapplication for such engineering plan. Plans stating
"Not For Construction," "For Review Only," or any such similar wording shall not be
accepted.
Referral To Development Review Team. Upon acceptance of the proposed Engineering
Plan, the Administrative Official shall distribute copies of the proposed Engineering Plan to
the Development Review Team. After reviewing the proposed Engineering Plan,
Development Review Team shall transmit their collective recommendation in writing
respecting approval, disapproval or necessary modification thereof to the Administrative
Official.
Administrative Official's Action. Upon receipt of the recommendation of the Development
Review Team, the Administrative Official, in accordance with such recommendation shall
enter an order:
Approving such proposed Engineering Plan subject to such conditions, modifications
and specific time limits prescribed by the Planning and Zoning Commission
respecting the proposed Site Plan;
2. Disapproving such proposed Engineering Plan, or;
Approving such Engineering Plan subject to such modifications and conditions as the
recommendation of the Development Review Team may have prescribed and subject
to such conditions, modifications and specific time limits prescribed by the Planning
and Zoning Commission respecting the proposed Site Plan.
The order may be in the form of an addendum to the development order for site plan
approval signed by the Chairman of the Planning and Zoning Commission for the same
project.
If the proposed Engineering Plan is approved, the Administrative Official shall indicate such
approval by signing his name on at least one copy of the Engineering Plan indicating the date
of such approval. The approved and signed Engineering Plan and required supplementary
materials shall then be filed in the Office of the Administrative Official and shall constitute
the Engineering Plan for the parcel.
If the proposed Engineering Plan is disapproved or approved subject to modification, the
Administrative Official shall provide to the applicant a copy of his Order respecting the
same.
Reapplication. If the Administrative Official enters his order disapproving a proposed
Engineering Plan or approving the plan subject to modification, the applicant may at any
time within sixty (60) days following the date of such order file an amended Engineering
Plan and supplementary material whereupon the same shall be received, reviewed and acted
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upon in the same manner as herein above provided for original applications for approval of
an Engineering Plan, provided that no additional fee for such application shall be required.
SECTION 5.6
ENGINEERING PLAN REQUIREMENTS
All Engineering Plans and required supplementary material shall cover the entire parcel covered by
a Site Plan that is either proposed or approved in accordance with Section 5.3. A copy of the
approved site plan shall be incorporated into the Engineering Plan. All Engineering Plans shall
contain at least the following data and information:
Co
General Relationship of Engineering Plan Requirements to Site Plan Requirements. In
general, Engineering Plans shall include, but not be limited to, all required information items
set forth in Section 5.4, provided, however, that all such information, data, analysis and
supplementary materials shall be provided in final engineering and construction form for
purposes of Engineering Plans rather than in preliminary or conceptual form as provided for
Site Plans. Additional and more detailed engineering plan required information is set forth in
subsections 5.6 B and C.
Engineering Plan Sheet Data, Size and Scale. Engineering Plans shall be drawn at a scale
of one inch to 50 feet or larger. The maximum sheet size for Engineering Plans is 24 inches
by 36 inches. All site plans shall be folded to nine inches (9") by twelve inches (12").
Multiple sheets may be used provided each sheet is numbered and the total number of sheets
is indicated on each sheet. Cross referencing between sheets shall be required. Necessary
notes and symbol legends shall be included. Abbreviations should be avoided, but, if used,
they shall be defined in the notes.
The identification"Eng~neenng' ' Plan", the date, scale, revision date (if any),
development name, and other such information shall be shown in a convenient
grouping in the lower right hand comer of every sheet, preferably in a conventional
title block.
Each copy of an Engineering Plan required to be submitted to the Administrative
Official shall bear the original signature and seal of the engineer licensed as a
professional engineer by the State of Florida and authorized by the applicant who
shall also certify that the drawing was prepared at his instruction and that the
information shown is correct.
Engineering Plan Required Information.
Final Soils Report. Indicate results of borings for building locations and method of
foundation construction/footer design in relationship to soil conditions as
recommended by a geotechnical engineer.
Final Drainage Plan. Include topographic elevations at one foot contours (mean sea
level datum required) for site and at least fifty feet (50') beyond the site, final
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calculations for stormwater retention and construction drawings of all related
improvements.
Fire Protection. Indicate hydrant location and type ofintemal fire protection systems
to serve buildings.
Civil Engineering Construction Drawings. Provide civil engineering construction
drawings of all infrastructure, utilities and site improvements including technical
specifications and geometry.
Landscape Plan and Tree Protection. Identify material specifications,
planting/removal/relocation instructions and irrigation system location and
specifications.
Ownership and Maintenance. A detailed statement of method of assuring the
perpetual ownership and maintenance of permanent open space, recreational facilities
or other common purposes shall, if appropriate, include covenants, agreements or
other specific documents approved by the Administrative Official.
SECTION 5.7
EFFECT OF SITE PLAN AND ENGINEERING PLAN APPROVAL
Approval or approval with modifications/conditions of both a Site Plan and an Engineering Plan for
the parcel in question shall serve as the basis for the issuance of Site Development Permits and
Certificates of Completion.
SECTION 5.8
MAINTENANCE OF IMPROVEMENTS
All improvements, requirements and conditions approved pursuant to Sections 5.3 and 5.5 shall be
maintained in good condition and in the manner prescribed by such approval for as long as the use of
the premises in question is in existence.
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ARTICLE VI: SUBDIVISION PROCEDURES
SECTION 6.1
INTENT OF SUBDIVISION PLAN REVIEW
A. Intent. The intent of Subdivision Plan Review is to:
Set forth uniform procedures, well-defined application processes and
information requirements that ensure that the subdivision of land within
the City of Sanford is consistent with all applicable minimum
development standard;
Ensure that the approval of such subdivisions will be based upon the
provision and availability of adequate public facilities and services
coincident with the impact of the subdivision's development; and
Ensure that the subdivision is compatible and coordinated with existing
and anticipated development within the immediate area surrounding the
site.
B. Subdivision Plan Process. Subdivision Plan Review usually includes three steps:
Preliminary Subdivision Plan Review;
Improvement Plan Review; and
Final Plat Approval.
When applicable, a fourth step, Master Plan Review, is also required. Each of the
review processes are intended to define the relationship and differentiate between
overall and specific subdivision design considerations, technical engineering and
construction requirements and platting requirements. In this regard, Preliminary
Subdivision Plan Review and Master Plan Review shall generally be completed
upon action or decision of the Planning and Zoning Commission. Improvement
Plan Review shall generally be completed upon action or decision of the
Administrative Official. Final Plat Approval shall result upon action by the City
Commission.
SECTION 6.2
APPLICABILITY OF SUBDIVISION PLAN REVIEW
Compliance with the subdivision review procedures and requirements set forth inthe
Land Development Regulations shall be required prior to one or more of the following
actions:
A. The division of land into three (3) or more parcels;
B. The dedication of streets or easements to the City of Sanford; or,
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The provision of access or utilities to a lot, tract or use by means of a right-of-way
or easement established after July 27, 1992.
SECTION 6.3
EXEMPTIONS TO SUBDIVISION PLAN REVIEW
The following types of land divisions are excepted from Preliminary Subdivision Plan
Review; provided, however, that any owner or the owner's authorized agent who desires
to alter the dimensions, land area or boundaries of any lot, parcel or tract for the purpose
of sale, lease or other transfer of interest shall first provide such plans and information to
the Administrative Official as the Administrative Official deems necessary in order to
assure compliance with all applicable requirements of the Land Development
Regulations:
Rearrange existing lots or tracts in an existing subdivision for the purpose of
constructing one-family dwellings to be located on one (l) lot or tract per
dwelling unit when all lots, tracts or parcels have frontage on existing streets.
Lot or tract splits when the division of a parcel does not result in the creation of
more than two lots or tracts, all lots or tracts have frontage on an existing public
street right-of-way and only one such lot or tract split may occur for a parcel or
parcels under common ownership or interest or the successors of such ownership
or interest within a period of five years.
Dedication of an easement for drainage or utilities or dedication of land for public
road fight-of-way as a condition of development plan approval provided that such
dedication does not occur in conjunction with an accessway to a lot, tract or use.
SECTION 6.4
MINOR SUBDIVISION PLAN REVIEW
The minor subdivision plan review procedure is intended for small-scale development
that does not involve construction of extensive infrastructure. The city desires to
encourage logical parcelization of land while eliminating costly and time-consuming
procedures for such small-scale development. Specifically, the Administrative Official
shall have the authority to permit an applicant to undergo minor subdivision review
procedures for division of land into a maximum of five (5) parcels or lots. Application
procedures for minor subdivision plan review shall include, but not necessarily be limited
to, compliance with Final Plat procedures and requirements set forth in this Article. The
Administration Official shall have the authority to require any and alt stipulations and
conditions deemed necessary.
A preapplication conference with the Administrative Official is required to determine if
the proposed parcelization concept complies with the intent and purpose of minor
subdivision plan review procedures outlined above. The applicant shall present a current
survey and legal description of the property and a general concept of the proposed
subdivision including a layout and additional information as may be necessary to explain
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the proposal. The Administrative Official has the authority to determine whether the
proposed subdivision fits the intent and purpose of minor subdivision plan review.
SECTION 6.5
PRELIMINARY
PROCEDURES
SUBDIVISION PLAN REVIEW
The applicant shall initiate Preliminary Subdivision Plan Review Procedures set forth in
this section prior to the initiation of Improvement Plan Review Procedures for the parcel
in question. The procedure for review of a Preliminary Subdivision Plan shall be as
follows:
Minor Subdivision Plan Review. Minor subdivision review procedures may be
utilized for the division of land into five (5) or less parcels. Application
procedures for minor subdivisions shall comply with the Final Plat procedures
included in this Article, and the City may also require stipulations and conditions
when necessary.
A preapplication conference is required with the Administrative Official to the
proposed minor subdivision applicant to provide early exchange of information
which may include:
· regulations and procedures,
· community goals and policies that might affect the proposed subdivision,
· off-site considerations, and
· general reaction to the subdivision concept submitted.
The applicant shall provide the Administrative Official with relevant information
the City may request.
Application For Approval. The applicant for approval of a Preliminary
Subdivision Plan shall submit at least nine (9) copies of the subdivision plan
folded to nine inches (9") by twelve inches (12"), the supplementary materials
required to accompany such plan and the fee established in a manner prescribed in
Article X of the Land Development Regulations to the Administrative Official,
such plan, supplementary materials and fee being collectively hereinafter called
the "proposed Preliminary Subdivision Plan". The Preliminary Subdivision Plan
and supplementary materials shall be in the form prescribed in Section 6.5. No
application will be accepted unless it is complete. Acceptance does not mean
approval. The Administrative Official will advise the applicant of whether the
proposed Preliminary Subdivision Plan is accepted or not accepted. If the
proposed Preliminary Subdivision Plan is not accepted, the Administrative
Official shall inform the applicant in writing of one or more reasons for denial of
acceptance of the preliminary subdivision plan. Failure by the Administrative
Official to specify one or more reasons for denying the acceptance of a
preliminary subdivision plan application does not preclude such reasons being
specified in denying any reapplication for such plan. The Administrative Official
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may reject a preliminary subdivision plan application or reapplication by reason
of lack of clarity or readability. Plans stating "Not For Construction," "For
Review Only," or any such similar wording shall not be accepted.
Preliminary subdivision plans must be coordinated, as appropriate, with the City
of Lake Mary, Seminole County, the Seminole County School Board, other
special districts, the Sanford Historic Preservation District, the Sanford Airport
Authority, the East Central Florida Regional Planning Council (ECFRPC), the St.
Johns River Water Management District, as well as applicable State and Federal
agencies prior to issuance of a development order or permit. The City will
coordinate with the ECFRPC in meeting regional policies contained in the
Comprehensive Regional Policies Plan.
No final development order shall be granted for a proposed development until
there is a finding that all public facilities and services have sufficient capacity at
or above their adopted level-of-service (LOS) to accommodate the impacts of the
development, including traffic impacts, or that improvements necessary to bring
facilities up to their adopted LOS will be in place concurrent with the impacts of
the development, as defined in Schedule Q, Concurrency Management of these
land development regulations.
Recommendation By Development Review Team. Upon acceptance of the
proposed Preliminary Subdivision Plan, the Administrative Official shall
distribute copies of the proposed Preliminary Subdivision Plan to the
Development Review Team. The Development Review Team shall meet to
consider the application. The applicant or his agent may be present at this
meeting. Following the Development Review Team's meeting to consider the
proposed Preliminary Subdivision Plan, the Administrative Official, as Chairman
of the Development Review Team, shall either:
Request that additional information, revisions, modifications, clarification
or other data applicable to the preliminary subdivision plan application be
provided or accomplished by the applicant or his agent, and/or:
Prepare a written recommendation to approve, approve with conditions or
deny the preliminary subdivision plan application and transmit such
recommendation to the owner or his/her authorized agent, members of the
Development Review Team and members of the Planning and Zoning
Commission, and;
Fix a date for consideration of the proposed Preliminary Subdivision Plan
by the Planning and Zoning Commission.
Transmit the proposed Preliminary Subdivision Plan to the Historic
Preservation Board for appropriate action if required by Section 4.00 of
Schedule S.
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Transmit the proposed Preliminary Subdivision Plan to the Airport Zoning
Commission for appropriate action if required by Section 9.00 of Schedule
R.
Action By Planning and Zoning Commission. The Planning and Zoning
Commission shall consider the proposed Preliminary Subdivision Plan at a public
meeting and enter its action or decision in writing upon the proposed Preliminary
Subdivision Plan. In order to approve, approve with conditions or deny the
proposed Preliminary Subdivision Plan, the Planning and Zoning Commission
must make specific findings respecting.each of the matters specified in Paragraph
E, below and may prescribe appropriate conditions and safeguards which shall
become a part of the terms under which a site development permit is issued.
If the proposed preliminary subdivision plan is approved, the Chairman of the
Planning and Zoning Commission shall indicate such approval by signing his or
her name on at least one copy of the Preliminary Subdivision Plan indicating the
date of such approval and by signing a development order pursuant to Section
3.12 E. The approved and signed Development Order, Preliminary Subdivision
Plan and required supplementary materials shall then be filed in the Office of the
Administrative Official and shall constitute the Preliminary Subdivision Plan for
the parcel in question.
If the proposed Preliminary Subdivision Plan is disapproved or approved subject
to modification, the Administrative Official shall return one copy of the
Preliminary Subdivision Plan and required supplementary materials to the
applicant along with a copy of the Planning and Zoning Commission's action
respecting the same.
Standards for Planning and Zoning Commission Action Upon Proposed
Preliminary Subdivision Plans. Before any proposed preliminary subdivision
plan may be approved or approved with conditions, the Planning and Zoning
Commission shall prepare, or cause to be prepared, a development order with the
following findings of fact:
That the proposed preliminary subdivision plan is consistent with all
applicable goals, objectives, policies and standards in the City of Sanford's
Comprehensive Plan.
That the proposed preliminary subdivision plan meets or exceeds all
applicable minimum standards and requirements as set forth inthe Land
Development Regulations.
That the environmental impact of the proposed preliminary subdivision
plan will be compatible with existing and anticipated land use in the
immediate neighborhood and that such plan will not be injurious to the
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area involved or otherwise detrimental to the public interest, safety or
welfare.
That adequate facilities and services necessary to serve development
associated with the proposed subdivision will be available and in place at
the time of impact of the development or phase thereof.
That the traffic circulation and related impacts are based on requirements
contained in Schedule Q, Level of Service Requirements and
Methodologies.
The development order shall also include the following:
The name of the property owner and the name of the proposed
development;
The legal description of the property and, where appropriate, the street
address;
3. A precise description of the development activity being approved;
Reference to the approved layout, plans or blueprints including the name
of the preparer and the date of the plans;
5. Any special conditions of the development approval;
6. The expiration date of the development order.
Transmittal Of Preliminary Subdivision Plan To City Commission. After the
Planning and Zoning Commission has taken action to approve or approve with
conditions a preliminary subdivision plan, the Administrative Official shall cause
at least one (1) copy of such plan to be transmitted to the City Commission. The
City Commission shall acknowledge receipt of the preliminary subdivision plan at
a regular City Commission meeting. The City Commission is not required to take
action upon the preliminary subdivision plan other than to acknowledge receipt of
same provided however, the City Commission has the authority to review and
comment upon the preliminary subdivision plan.
Time Limits and Extension of Time Limits Upon Preliminary Subdivision
Plans. Planning and Zoning Commission action to approve or approve with
conditions upon proposed preliminary subdivision plans shall be valid for a period
of six (6) months prior to the initiation of Final Plat Review Procedures.
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SECTION 6.6
PRELIMINARY SUBDIVISION PLAN
REQUIREMENTS
SUBMITTAL
All preliminary subdivision plans and required supplementary materials shall cover the
entire parcel proposed for development unless such preliminary subdivision plan and
required supplementary material is based on a Master Plan approved and filed in the
Office of the Administrative Official in accordance with Section 6.11. All preliminary
subdivision plans shall contain at least the following data and information:
Preliminary Subdivision Plan Sheet Format. Preliminary subdivision plans
shall be drawn at a scale of one inch to 100 feet or larger. The maximum sheet
size for preliminary subdivision plans shall not exceed 24 inches by 36 inches.
Multiple sheets may be used provided each sheet is numbered and the total
number of sheets is indicated on each sheet. All sheets shall be folded to nine (9)
inches by twelve (12) inches. Cross referencing between sheets shall be required.
Necessary notes and symbol legends shall be included. Abbreviations should be
avoided but if used they shall be defined in the notes.
B. General Information.
1. The identification "Preliminary Subdivision Plan" on each sheet.
2. Legend to include:
Name of Development
Proposed Street Address
Acreage
Scale
North Arrow
Existing Zoning and Other Special Districts
Preparation/Revision Date
Tax Pamel No. (Seminole County Property Appraiser)
Name, Address and Phone Number of:
a. Owner
b. Owner's Authorized Agent
c. Engineer
d. Surveyor
e. Others involved in application
Vicinity Map. Show relationship of site to surrounding streets and public
facilities at a scale of 1 ":2000' or larger.
5. Legal Description.
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C. Existing Conditions
1. Existing Streets. Both on and within 50 feet of site, including:
a. Name
b. Location
c. Right-of-Way Width
d. Driveway Approaches
e. Medians and Median Cuts
f. Curbcuts
2. Existing Easements. Indicate location, dimensions, purpose and
maintenance responsibility.
3. Existing Utilities. Provider, location and size.
4. Existing On-Site Improvements and Uses
Adjacent Improvements, Uses, Parcels and Zoning. Identify buildings,
structures and vehicular access points. Indicate lot or tract lines,
subdivision name and zoning districts.
Topography. At one (1) foot contours and extending 25 feet beyond the
property boundaries. All elevations shall be based on mean sea level
datum and referenced to the United States Geodetic Survey or its
equivalent.
Soil Type(s). As identified in the Soil Survey, Seminole County, Florida,
U.S.D.A. Soil Conservation Service or other competent expert evaluation.
When soil suitability limitations are indicated for the proposed
development, the City Engineer may require a preliminary soil analysis by
a qualified soils engineer.
Drainage. As identified on Map I-1, Water Resoumes of the
Comprehensive Plan. Depict and if necessary explain existing surface
drainage characteristics of site including relationship to adjacent land
areas and subbasin.
Wetlands. As identified by Future Land Use Map of the Comprehensive
Plan, the St. Johns River Water Management District Wetlands Mapping
or other competent evaluation.
10.
Wellfield Protection Zones. Indicate whether or not the pamel is located
within a wellfield protection zone as identified by the Wellfield Protection
Zone Maps on file in the Department of Engineering and Planning.
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11.
lO0-year Floodplain. If applicable, indicate lO0-year flood elevation,
minimum required habitable floor elevation and limits of 100-year
floodplain for all land areas located within Zones "A" and "AE" for the
parcel in question as identified on Map I-2, Water Resources of the
Comprehensive Plan and the Flood Insurance Rate Map by the Federal
Emergency Management Agency.
12.
Surface Water. Approximate normal high water elevation or boundaries
of existing surface water bodies, streams and canals, both on and within 50
feet of site.
13.
Existing Vegetation. Identify existing vegetative communities including
forest cover types as well as wetland types as identified by Map 1-9,
Vegetative Communities of the Comprehensive Plan, the St. Johns River
Water Management District Wetlands Mapping or other competent
evaluation.
14.
Aquifer Recharge Areas. As identified on Map I-1, Water Resources of
the Comprehensive Plan.
D. Proposed Development
1. Proposed Lot Layout to include:
Lot and Tract Sizes, Dimensions and Shapes
Proposed Use For Lots and Tracts
Consecutive Numbering of lots, blocks and tracts or other proper
identification.
Number of Dwelling Units - By lot, by type of dwelling unit and
total.
Density - By type of residential land area (one family, two family,
mobile home or multiple family) and for total residential land area.
Net Density - Same as e., above, except exclude land area that is
unsuitable for development.
Nonresidential Uses Indicate maximum potential building
coverage in square feet.
Required Yards, Setbacks, Buffers and Parcel Width at Building
Line. For a 'typical' lot, as well as an irregularly-shaped or irregularly-
located lot, indicate the following information:
Location and dimensions of all required yards, setbacks, buffers
along parcel boundary lines and parcel width at building line along
all proposed lot or tract lines.
b. Direction of drainage flow.
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Typical location, in terms of setbacks from front, side and rear
property lines, of mechanical equipment, accessory structures,
screen porches, overhangs, decks and pools.
Proposed Circulation System. Include the following information:
a. The location and dimensions of:
2.
3.
4.
5.
Streets, Right-of-Way Width and Street Name
Sidewalks
Traffic Control Devices
Medians
Curbing
An analysis of the traffic circulation and related impacts based on
requirements in Schedule Q, Level of Service Requirements and
Methodologies.
Natural Vegetation Protection. Identify existing trees or tree groupings,
wetlands and other natural vegetation to be retained and explain or
illustrate method to preserve such features both during and after
construction. Identify such features to be removed and state and/or
explain reasons and/or justification for removal.
Public and Semi-Public Lands and Facilities. Identify location and
dimensions and explain maintenance responsibility and ownership of all
lots, tracts, easements and improvements that are proposed to be in
common or public ownership.
Potable Water Supply and Wastewater Disposal System. Indicate
required capacity, available capacity, provider, general location and size of
lines and connections.
Fire Protection. Indicate the location of proposed hydrants.
Reclaimed Water System. Unless the proposed subdivision is exempt
from the City's reclaimed water system regulations, indicate the amount of
reclaimed water to be utilized and method of application on the site
including the location and size of lines and connections.
Proposed Topographic Elevations and Preliminary Drainage Plan.
Indicate proposed topographic elevations at one (1) foot contours, direction
of flow, proposed methods of stormwater retention, proposed drainage
improvements, proposed outfalls, drainage easements and preliminary
engineering calculations (mean sea level datum preferred).
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10.
Typical Construction Details. Illustrate by cross section or other
appropriate method the typical construction type, dimensions, size and
material specifications to be utilized for streets, water retention areas,
berms, sidewalks, culverts, swales, walls and other required and proposed
improvements.
Exceptions. Any applicant may request that required information described in
Paragraphs C and D of this section be omitted from the proposed preliminary
subdivision plan; provided however, that such request shall be subject to the
following requirements:
The request shall be in written form and shall be submitted with
the proposed preliminary subdivision plan.
The request shall identify the information, item or data that is proposed to
be omitted from the proposed preliminary subdivision plan and shall fully
explain the reasons that such information, item or data does not apply to
such plan.
The Administrative Official has the authority to accept or reject such
request pursuant to procedures set forth in Section 6.5(B).
SECTION 6.7
IMPROVEMENT PLAN REVIEW PROCEDURES
The applicant shall initiate Improvement Plan Review Procedures set forth in this section
after approval of the Preliminary Subdivision Plan for the parcel in question and in
conjunction with the initiation of Final Plat Review Procedures. The procedure for
review of Improvement Plans shall be as follows:
Application For Approval. The applicant for approval of an Improvement Plan
shall submit at least nine (9) copies of the improvement plan folded to nine (9)
inches by twelve (12) inches, the supplementary materials required to accompany
such plan and the fee established in a manner prescribed in Article VII to the
Administrative Official, such plan, supplementary materials and fee being
collectively hereinafter called the "proposed Improvement Plan". The
Improvement Plan and supplementary materials shall be in the form prescribed in
Section 6.8. No application shall be deemed accepted unless it is complete.
Acceptance shall not mean approval. The Administrative Official shall advise the
applicant of whether the proposed Improvement Plan is accepted or not accepted.
If the proposed Improvement Plan is not accepted, the Administrative Official
shall inform the applicant in writing of one or more reasons for denial of
acceptance of such plan. Failure by the Administrative Official to specify one or
more reasons for denying the acceptance of a proposed improvement plan shall
not preclude such reasons being specified in denying any reapplication for such
VI-II
plan. Plans stating "Not For Construction," "For Review Only," or any such
similar wording shall not be accepted.
Referral To Development Review Team. Upon acceptance of the proposed
Improvement Plan, the Administrative Official shall distribute copies of the
proposed Improvement Plan to the Development Review Team. Upon review of
the plan, the Development Review Team will provide the Administrative Official
with its recommendation of approval, approval with conditions or modification or
denial.
Referral To City Attorney. The Administrative Official shall transmit a copy of
any proposed legal instrument or agreement included in the proposed
Improvement Plan to the City Attorney for review and recommendation.
Administrative Official's Action. Upon receipt of the written and collective
recommendation of the Development Review Team and any comments or
recommendations of the City Attorney, the Administrative Official, in accordance
with such recommendation shall enter a development order:
Approving such proposed Improvement Plan subject to such conditions,
modifications and/or specific time limits prescribed by the Planning and
Zoning Commission respecting the Preliminary Subdivision Plan for the
parcel in question;
2. Disapproving such proposed Improvement Plan, or;
Approving such Improvement Plan subject to such modifications and
conditions as the recommendation of the Development Review Team may
have prescribed and subject to such conditions, modifications and specific
time limits prescribed by the Planning and Zoning Commission respecting
the Preliminary Subdivision Plan for the parcel in question.
If the proposed Improvement Plan is approved the Administrative Official shall
indicate such approval by signing his name on at least one copy of the
Improvement Plan indicating the date of such approval. The approved and signed
Improvement Plan and required supplementary mater/als shall then be filed in the
Office of the Administrative Official and shall constitute the Improvement Plan
for the parcel in question.
If the proposed Improvement Plan is denied or approved subject to modification,
the Administrative Official shall retum one copy of the Improvement Plan and
required supplementary materials to the applicant along with a copy of his Order
respecting the same.
Reapplication. If the Administrative Official enters his order denying a proposed
Improvement Plan or approving the same subject to modification, the applicant
VI-12
may at any time within sixty (60) days following the date of such order file an
amended Improvement Plan and supplementary material whereupon the same
shall be received, reviewed and acted upon in the same manner as if it were an
original application for approval of an Improvement Plan and no additional fee for
such application shall be required.
SECTION 6.8
IMPROVEMENT PLAN REQUIREMENTS
All Improvement Plans and required supplementary material shall cover the entire parcel
covered by a Preliminary Subdivision Plan for the parcel in question that has been
approved in accordance with Section 6.5. All Improvement Plans shall contain at least
the following data and information:
General Improvement Plan Requirements. In general, Improvement Plans shall
be suitable for contracting and construction purposes. The Improvement Plan
shall show those subdivision improvements which are required; and which are
assured by bond or improvement agreement; and which must be satisfactorily
completed before the bond or escrow is released.
Improvement Plan Sheet Data, Size and Scale. Improvement Plans shall be
drawn at a scale of one inch to 50 feet or larger. Sheet size for Improvement
Plans shall be 24 inches by 36 inches and folded to nine (9) inches by twelve (12)
inches. Multiple sheets may be used provided each sheet is numbered and the
total number of sheets is indicated on each sheet. Cross referencing between
sheets shall be required. Necessary notes and symbol legends shall be included.
Abbreviations should be avoided but if used they shall be defined in the notes.
The identification "Improvement Plan", the date, scale, revision date (if
any), development name, and other such information shall be shown in a
convenient grouping in the lower right hand comer of every sheet,
preferably in a conventional title block.
Each copy of an Improvement Plan required to be submitted to the
Administrative Official shall bear the original signature of an engineer
licensed as a professional engineer by the State of Florida and authorized
by the applicant who shall also certify that the drawing was prepared at his
instruction and that the information shown is correct.
Improvement Plan Required Information.
Civil Engineering Construction Drawings. Provide civil engineering
construction drawings of all infrastructure, utilities and subdivision
improvements including all technical specifications, profiles and
geometry. Such improvements shall include but not be limited to road
construction, grading, drainage facilities, signs, sodding, street lights and
other construction.
VI-13
Soil Tests. In tabular form, indicate results of test holes including soil
types and water table information found at each location. At least one
such test shall be provided every 500 feet of road construction and at the
center of each proposed water retention or detention area.
Final Drainage Plan. Include topographic elevations at one foot contours
for the parcel in question and at least 25 feet beyond the parcel, final
computations for stormwater retention and construction drawings of all
related improvements (mean sea level datum preferred).
Fire Protection. Indicate hydrant location and type of internal fire
protection systems to serve buildings.
Landscape Plan and Tree Protection. Identify material specifications,
planting/removal/relocation instructions and irrigation system location and
specifications.
Ownership and Maintenance. A detailed statement of method of
assuring the perpetual ownership and maintenance of permanent open
space, recreational facilities or other common purposes and/or
improvements shall, when utilized, include draft copies of covenants,
agreements, dedications, stipulations, common vehicular access
agreements, property owner association articles and other applicable
documents or legal instruments.
SECTION 6.9
FINAL PLAT REVIEW PROCEDURES
The applicant shall initiate Final Plat Review Procedures set forth in this section after
approval of the Preliminary Subdivision Plan for the parcel in question and in
conjunction with the initiation of Improvement Plan Review Procedures.
The procedure for review of Final Plats shall be as follows:
Application For Approval. The applicant for approval of a Final Plat shall
submit at least nine (9) copies of the final plat folded to nine (9) inches by twelve
(12) inches, the supplementary materials required to accompany such plan and the
fee established in a manner prescribed in Article X to the Administrative Official;
such plan, supplementary materials and fee being collectively hereinafter called
the "proposed Final Plat". The Final Plat and supplementary materials shall be in
the form prescribed in Article VII. No application shall be deemed accepted
unless it is complete. Acceptance shall not mean approval. The Administrative
Official shall advise the applicant of whether the proposed Final Plat is accepted
or not accepted. If the proposed Final Plat is not accepted, the Administrative
Official shall inform the applicant in writing of one or more reasons for denial of
acceptance of the final plat. Failure by the Administrative Official to specify one
VI-14
or more reasons for denying the acceptance of final plat shall not preclude such
reasons being specified in denying any reapplication for such plat.
Referral To Development Review Team. Upon acceptance of the proposed
Final Plat, the Administrative Official shall distribute copies of the proposed Final
Plat to the Development Review Team. The collective findings of the
Development Review Team respecting the proposed Final Plat and their collective
recommendation in writing respecting approval, denial, or necessary modification
thereof shall be transmitted to the Administrative Official.
Administrative Official's Action. Upon receipt of the written and collective
recommendation of the Development Review Team, the Administrative Official,
in accordance with such recommendation shall:
Request that additional information, revisions, modifications, clarification
or other data applicable to the Final Plat be provided or accomplished by
the applicant or his agent, and/or:
Prepare a written recommendation to approve, approve with conditions or
deny the proposed Final Plat and transmit such recommendation to the
owner or his/her authorized agent, members of the Development Review
Team and members of the Planning and Zoning Commission, and;
Fix a date for consideration of the proposed Final Plat by the Planning and
Zoning Commission.
Meeting By Planning and Zoning Commission. The Planning and Zoning
Commission shall consider the proposed Final Plat at a public meeting and
recommend approval or denial of the Final Plat to the City Commission of the
City of Sanford, Florida. In order to recommend approval or denial of the
proposed Final Plat, the Planning and Zoning Commission must make a specific
finding that the proposed Final Plat is consistent with the Preliminary Subdivision
Plan for the parcel in question.
Action By The City Commission. Following the meeting of the Planning and
Zoning Commission, the Administrative Official shall submit the proposed Final
Plat, with the recommendation of the Planning and Zoning Commission, to the
City Commission for consideration. The City Commission shall consider and act
upon the proposed Final Plat and the recommendation of the Planning and Zoning
Commission and thereafter approve or deny the Final Plat. If the Planning and
Zoning Commission has not recommended approval or denial of the proposed
Final Plat within 60 days of its meeting to consider same, the City Commission
may take action upon the Final Plat.
VI-15
SECTION 6.10 FINAL PLAT REQUIREMENTS
All Final Plats and required supplementary material for major subdivision applications
shall cover the entire parcel covered by a Preliminary Subdivision Plan for the parcel in
question that has been approved in accordance with Section 6.5. The Final Plat shall
conform to the Preliminary Subdivision Plan in all respects except that minor variations
in dimensions and alignment resulting from the more exact final computations and
plotting will be permitted. In addition to the provisions set forth herein, all final plats
shall meet the requirements of Chapter 177, F.S., Land Boundaries.
All Final Plats for minor and major subdivision applications shall contain at least the
following data and information. In addition to the final plat requirements, the City may
require stipulations and conditions upon minor subdivision applications.
Final Plat Sheet Format. Final Plats shall be drawn at a scale of one inch to 100
feet or larger. The sheet size for final plats shall be 20 inches by 24 inches. A
three inch margin shall be provided on the left side of each sheet for binding and a
one inch margin shall be provided on all other sides of each sheet. Original sheets
shall be of a durable reproducible mylar. Drafting shall be with black, permanent
ink. North orientation shall be toward the top of each sheet. Lettering shall read
from the bottom of the sheet or the right side of the sheet. No letter or number
shall be less than one-eighth of an inch in height and stroke for letters shall be
bold enough so as to be clearly legible. In addition to the provisions set forth
herein, all final plats shall comply with the requirements of Chapter 177, F.S.,
Land Boundaries.
Required Information and Data. The following items and information shall be
shown on the final plat or submitted to the City as applicable:
Title Block. Include the name of subdivision, the appropriate section,
township, and range, and the words, "City of Sanford, Florida".
Legal Description. Include bearings, distances and references to a section
comer tie. Acreage shall also be indicated.
Vicinity Map. Showing the proposed subdivision in relation to
surrounding streets.
Monuments. Permanent reference monuments, 30" long min. (P.R.M.)
shall be located on all block comers if rectilinear, and at all P.C.'s and
P.T's, if curvilinear, but in no case more that 1,000 feet apart. P.R.M.'s
shall be installed prior to submission of the final plat and in a manner
prescribed by law. Monuments shall be installed at alt comers, points of
intersection and changes of direction of lines within the subdivision which
do not require a P.R.M. or a P.C.P.
VI-16
10.
11.
12.
Legend. Define all symbols, show stated and graphic scale and display
north arrow.
Dimensions and Bearings. Provide sufficient data to determine readily,
and to reproduce on the ground, the location, bearing, and length of each
street right-of-way line, boundary line, lot, block or tract line, easements
and building line, whether curved or straight, adequately correlated with
monuments and markers. Delineate right-of-way lines, center lines,
widths, and names of all streets and roads. Show radii, central angle,
internal angles and lengths and points of curvature of arcs of all curved
streets and curved lot, block and tract lines.
Numbering. Indicate lot, block and tract numbers and letters in
conformity with Preliminary Subdivision Plan.
Setbacks and Buffers. Indicate required building setback lines for all lots
and required buffers for all lots or tracts located along the subdivision
boundary lines or fronting a Major Thoroughfare.
Flood Plains and Surface Water. Indicate the location and edge of water
of lakes, canals, streams and other surface water bodies. Delineate 100-
year flood plains by contour and elevation shall be based on mean sea
level datum.
Dedications, Reservations and Easements. Indicate all dimensions,
purpose, conditions and stipulations. Also include a notice on the face of
the plat that there may be additional restrictions that are not recorded on
the plat that may be found in the public records of Seminole County. The
Applicant shall coordinate with the utility companies (electric and
telephone) and incorporate their easement requirements on the plat
including locations and dimensions. The Applicant shall provide to the
City written verification from utility companies that necessary easements
are included on the plat.
Adjacent Subdivisions And Streets. Delineate name, lot location, plat
book and page number of abutting subdivisions and streets.
Required Certificates. In accordance with State law and as set forth
herein, the following certificates and signatories shall be shown on the
first sheet of the final plat:
Certificate of the Surveyor who prepared the plat;
Approval of City Surveyor;
Approval of Mayor
Dedication by Owners, including mortgagees
Title Opinion pursuant to Section 177.041, F.S.
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SECTION 6.11 MASTER PLAN REVIEW
A Master Plan coveting the entire parcel proposed to be subdivided shall be required
prior to, or in conjunction with, a Preliminary Subdivision Plan which covers only a
portion of the entire pamel proposed to be subdivided provided however, that the
requirements of this section shall not apply to approved Planned Development Project
Plans covering the entire parcel in question. The procedure for submission, review and
approval of a proposed Master Plan shall be the same as required for a proposed
Preliminary Subdivision Plan for the request and pamel in question. One copy of the
Master Plan shall, when approved, be signed and dated by the Chairman of the Planning
and Zoning Commission. The approved and signed Master Plan shall then be filed in the
Office of the Administrative Official and shall constitute the basis for preparation and
submittal of future Preliminary Subdivision Plans for the parcel in question. No site
development permit and/or certificate of completion shall be issued on the basis of an
approved Master Plan until a Final Plat for the specific land and/or water area in question
has been approved by the City Commission and recorded by the County Clerk in
conformity with the provisions ofthe Land Development Regulations.
SECTION 6.12 MASTER PLAN REQUIREMENTS
All Master Plans and supplementary material shall cover the entire parcel. All Master
Plans shall contain at least that data and information prescribed in Section 4.5.
SECTION 6.13 SPECIAL MASTER PLAN CONDITION
When a Master Plan covers the entire parcel proposed for development, no Site
Development Permit or Certificate of Completion shall be issued for a lot, tract, phase or
other increment of development which covers only a portion of the entire parcel proposed
for development when the effect of action would result in a violation ofihe Land
Development Regulations.
SECTION 6.14 EFFECT OF FINAL PLAT AND IMPROVEMENT PLAN
APPROVAL
Approval of both a proposed Final Plat and a proposed Improvement Plan for the parcel
in question shall serve as the basis for the issuance of Site Development Permits and
Certificates of Completion.
SECTION 6.15 GUARANTEE OF IMPROVEMENTS
Ptior to the issuance of a Site Development Permit and prior to the recording of the Final
Plat, the installation, completion and maintenance of all required improvements shall be
VI-18
guaranteed in a manner acceptable to the Administrative Official and in conformity with
all applicable provisions ofihe Land Development Regulations.
SECTION 6.16 RECORDING OF FINAL PLAT
The Administrative Official shall certify that the Final Plat, the Improvement Plan and all
required supplementary materials, documents, agreements, guarantees, bonds and
instruments meet all requirements of the Land Development Regulations and shall
transmit such certification to the City Clerk. Upon receipt of such certification of the
Administrative Official, approval of the Final Plat by the City Commission and receipt of
all required fees and documents from the owner, including proof that all taxes on the land
have been paid, the City Clerk shall, within a period of thirty (30) days, cause the Final
Plat to be recorded in the manner prescribed by law by the Clerk of the Circuit Court of
Seminole County.
No plat of lands in the City of Sanford subject to the Land Development Regulations
shall be recorded, whether as an independent instrument or by attachment to another
instrument entitled to record, unless and until such plat has been approved by the City
Commission in accordance with the provisions of the Land Development Regulations.
SECTION 6.17 VACATION OF PLATS
Subdivision plats or a portion thereof shall be vacated in the manner prescribed by law
and shall be initiated in one of the following described manners:
By Owner. The owner of any land subdivided into lots located in the City of
Sanford, Florida may apply to the City in the manner prescribed by law to
remove, vacate and abandon an existing plat or portion thereof from the official
records of Seminole County. The applicant shall submit the Petition, Proof of
Publication of Notice of Intent, Certificate of Title, Statement of Taxes and
Resolution and a survey and legal description of the land area involved in the
application as prepared and signed by a registered surveyor and shall pay the fee
established in the manner prescribed is Article VII. The Development Review
Team shall review such proposed application for vacation, transmit any
recommendation to the City Commission. The application shall be acted upon by
the City Commission. The applicant shall be responsible for recording the
vacation and the Proof of Publication with the Clerk of the Cimuit Court of
Seminole County.
By City Commission. The City Commission may vacate and abandon all or part
of a subdivision located in the City of Sanford. Such action may include the
vacation of streets, lots, tracts or other parcels. Such action shall be based on
findings by the City Commission that the proposed vacation and abandonment:
1. Is consistent with the Comprehensive Plan.
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Promotes the public health, safety, economy, comfort, order, convenience,
and welfare.
3. Does not result in a violation of the Land Development Regulations.
Does not result in the owner of any parcel of land being deprived by the
vacation and abandonment of the plat or portion thereof in question, of
reasonable access to such parcel nor of reasonable access there from to
existing facilities to which such parcel has theretofore had access;
provided, however, that such access remaining or provided after such
vacation need not be the same as that theretofore existing, but shall be
reasonably equivalent thereto.
Before acting on a proposal for vacation and abandonment of subdivided land, the City
Commission shall hold an advertised public hearing in the manner prescribed by law.
SECTION 6.18 REPLATS, RESUBDIVISION AND CORRECTIONS
Substantially Similar Plats. If a platted area is proposed to be replatted and if the
proposed plat is substantially similar in design, layout, and concept to the original
plat, as determined by the Administrative Official, and, if all lots, tracts, streets
and easements are in conformity with the Land Development Regulations, then
only a final plat complying with the requirements of the Land Development
Regulations is required. The original plat or portion of a plat of the parcel to be
replatted must be vacated and abandoned in accordance with Section 6.17, in the
manner prescribed by law and prior or coincidental to approval of a final plat by
the City Commission.
Corrective Plats. In the event an appreciable error or omission in the data shown
on any plat duly recorded under the provisions of the Land Development
Regulations and state law is detected by subsequent examination or revealed by a
retracement of the lines during the original survey of the lands shown on such
recorded plat, the land surveyor who was responsible for the survey and the
preparation of the plat as recorded may file an affidavit confirming that such error
or omission was made. However, the affidavit must state that he has made a
resurvey of the subject property in the recorded subdivision within the last ten
(10) days and that no evidence existed on the ground that would conflict with the
corrections as stated in the affidavit. The affidavit shall describe the nature and
extent of such error or omission and the appropriate correction that, in his
opinion, should be substituted for the erroneous data shown on such plat or added
to the data on such plat. Said affidavit shall be filed and recorded in the manner
prescribed by law.
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SECTION 6.19 VACATION OF RIGHTS-OF-WAY AND EASEMENTS
In the manner prescribed by law, rights-of-way and easements may be vacated by the
City Commission after an advertised public hearing is held on the matter. An applicant
requesting such action shall submit to the City Clerk the following:
Application;
Recommendation letters from utility companies;
Survey and/or legal description of the area to be vacated; and
A fee established in the manner prescribed in Article X.
The City Clerk shall prescribe and approve forms for petitions to vacate rights-of-way
and/or easements.
Upon receipt of the above, the City Clerk shall publish a notice of public hearing not less
than fourteen (14) days prior to the public hearing, and shall notify property owners by
certified, return receipt requested mail, as follows:
Rights-of-way: All owners of property whose property lies within the
block or blocks where the right-of-way is proposed to be vacated.
Easement: The property owner(s) whose property abuts the portion of
easement to be vacated.
In addition to the above, the City Clerk shall transmit to the applicant notice setting forth
the time and place of the hearing and a description of the right-of-way or easement to be
vacated. The applicant shall post same at each end of the right-of-way or easement to be
vacated, not less than fourteen (14) days prior to the public hearing. Affidavit proof of
the posting shall be submitted to the City Clerk not less than seven (7) days prior to the
public hearing.
The City Commission will consider the petition based on the recommendations of the
Development Review Team in regard to the possible effect of the proposal on the City in
general, the immediate neighborhood, and individuals near the specific right-of-way or
easement in question.
SECTION 6.20 GENERAL STIPULATIONS AND CONDITIONS
The following provisions shall apply:
Compliance with Land Development Regulations. No subdivision shall be
made, platted, or recorded, nor shall any site development permit or building
permit be issued, unless such subdivision meets all applicable requirements and
provisions of the Land Development Regulations.
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Transfer of Property Regulated. No owner or agent of the owner of any parcel
of land located in a proposed subdivision shall transfer or sell any such parcel
before a final plat of such subdivision has been approved by the City
Commission, in accordance with the provisions of the Land Development
Regulations, and recorded with the Clerk of the Circuit Court.
Subdivision by Metes-and-Bounds Description Prohibited. The subdivision of
any lot, tract and/or parcel by the use of metes-and-bounds description and/or
other similar means for the purpose of sale, transfer, or lease with the intent of
evading the Land Development Regulations shall be considered a violation of the
Land Development Regulations and shall be considered to be void and invalid by
the City of Sanford, Florida.
Site Development and Construction Regulated. No site development permit or
building permit shall be issued for the construction of any building or structure
located on a lot, tract, parcel or plat subdivided, sold, leased and/or otherwise
transferred or identified in violation of the provisions of the Land Development
Regulations.
SECTION 6.21 CONFLICT WITH PUBLIC OR PRIVATE PROVISIONS
Public Provisions. The Land Development Regulations are not intended to
interfere with, abrogate, or annul any other City rule or regulation, statute, or
other provision of law. Where any provision of the Land Development
Regulations imposes restrictions different from those imposed by any other
provision of the Land Development Regulations or any other City rule, regula-
tions, or other provision of law, whichever provisions are more restrictive or
which impose higher standards shall control.
Private Provisions. The Land Development Regulations are not intended to
abrogate any easement, covenant, or any other private agreement, or restriction;
provided that, where the provisions of the Land Development Regulations are
more restrictive or impose higher standards or regulations than such easement,
covenant, or private agreement or restriction, the requirements of the Land
Development Regulations shall govern.
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ARTICLE VII: INSTALLATION AND MAINTENANCE OF IMPROVEMENTS
SECTION 7.1 GENERAL REQUIREMENTS
Relationship to the Comprehensive Plan. These Installation and Maintenance
requirements implement the Comprehensive Plan regarding the goals, objectives and
policies contained in the Capital Improvements Element. In general, these requirements
shall insure that community facilities and services are available to support development
in a manner that is concurrent with the impact of such development.
Purpose of Installation and Maintenance Requirements. The requirements of this
Article are intended to provide standards and procedures for the installation and
maintenance of improvements required by the Land Development Regulations. These
requirements are intended to ensure that all improvements will be installed in a timely
and efficient manner which protects the public health, safety and welfare, and that, where
improvements will be retained in private ownership, they will be maintained permanently
in accordance with the requirements of the Land Development Regulations.
Applicability. These requirements apply to all development proposals requiring
Subdivision Plan approval, Site Plan approval and Planned Development Project Plan
approval as set forth in the Land Development Regulations. In addition, these
requirements apply to any improvement that is to be maintained and/or dedicated to a
public entity. No Final Plat, Improvement Plan or Engineering Plan shall be approved
unless assurance is provided that required improvements will be installed in accordance
with these requirements.
General Requirements. All improvements required by the Land Development
Regulations shall be built to the standards and specifications of the Land Development
Regulations and in accordance with any additional requirements and policies of the
Administrative Official. All required improvements shall be installed by, and at the
expense of the developer/builder, except as specifically provided by these requirements.
Professional Engineer Required. A Florida registered Professional Engineer shall be
employed to design and certify the installation of all required improvements to be
dedicated to a public entity. Said Professional Engineer shall prepare all plans for such
improvements. All plans for such improvements shall be approved by the Administrative
Official pr/or to construction.
SECTION 7.2
IMPROVEMENTS DEDICATED TO THE CITY
Applicability. The requirements of this section shall apply to all improvements to be
dedicated to the City of Sanford or any other public entity.
B. Alternative Procedures. The owner shall choose to either:
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Guarantee the installation of required improvements by providing a performance
guarantee in the manner prescribed in these regulations, or;
Install required improvements prior to recording of a Final Plat or dedication of
the improvements in question in the manner prescribed in these regulations.
Performance Guarantee. The performance guarantee shall be filed with the City in
accordance with this Section for the installation of required improvements. The owner or
his legally authorized representative shall be responsible to ensure that the improvements
have been guaranteed. A performance guarantee shall be provided in a manner and form
acceptable to the Administrative Official. In addition, such performance guarantee shall
comply with requirements of the law and shall be approved as satisfactory by the City
Attorney as to form and manner of execution.
Acceptable Types of Guarantees. The performance guarantee shall consist of a
performance bond, equivalent cash deposit with the City, certificate of deposit or
irrevocable letter of credit by a Florida bank, a cashier's check or a certified check
upon a Florida bank.
Amount of Guarantee. The minimum amount of the performance guarantee shall
be 110% of the current construction costs of improvements in question. Such
amount shall be subject to approval by the Administrative Official.
Effective Period. The effective period of the performance guarantee shall not
exceed one year from the date of approval of the Final Plat or Engineering Plan.
After the expiration date, the guarantee amount shall be considered as a new
submittal and shall be reissued based on current construction costs.
Extensions and Substitutions. The City Commission shall have the authority to
grant extensions for a one year effective period of the performance guarantee for
good cause shown. The applicant shall apply to the Administrative Official for
such extension. The Administrative Official shall review the performance
guarantee and shall have the authority to require renegotiation of the amount of
guarantee and impose other reasonable conditions upon such guarantee. The City
Commission shall have the authority at any time during the Effective Period to
accept a substitution of principal, sureties or other parties, upon recommendation
by the City Attorney.
Default. Whenever the required improvements have not been installed according
to the terms of the performance guarantee and no extension or substitution has
been granted, the City Manager shall declare, upon thirty (30) days' written notice
to the parties to the instrument, the performance guarantee to be in default and
exercise the City's rights thereunder. Upon default, no building permits or other
approvals shall be granted for the development until the City Manager determines
that adequate progress has been made toward completion of the remaining
improvements.
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Installation Before Recording of Final Plat. If required improvements are to be
installed prior to recording of the Final Plat or dedication of such improvements to a
public entity, the following procedures shall apply:
Subdivision Plan Review. The Preliminary Subdivision Plan, the Improvement
Plans and the Final Plat shall be approved in accordance with the procedures set
forth in Article VI of the Land Development Regulations.
Conditional Final Plat Approval. City Commission approval of the Plat shall be
conditioned upon the completion of the required improvements within one year of
such conditioned approval in full conformance with the approved Improvement
Plans and any other conditions or stipulations.
Retention of Plat by City Clerk. The approved Final Plat shall not be recorded,
but shall instead be retained by the City Clerk. Upon recommendation of the
Administrative Official, the City Manager shall notify the City Clerk upon
issuance of a Certificate of Completion for the Improvements whereupon the City
Clerk shall be authorized to execute the recording of the Final Plat in accordance
with provisions set forth in the Land Development Regulations and in the manner
prescribed by law.
Compliance with All Requirements. Installation of thc required improvements
shall be subject to all applicable requirements of this Section pertaining to the
construction, inspection, completion and acceptance of such improvements.
Building Permits Prohibited. No building permits shall be issued for any
building site within the proposed development until the required improvements
have been accepted by the City Manager or other applicable public body and the
Final Plat has been recorded.
Acceptance of the Required Improvements. Upon issuance of a Certificate of
Completion for all required improvements by the Administrative Official, the City
shall accept responsibility for the maintenance of the improvements, subject to the
provisions of the Maintenance Guarantee.
Construction and Inspection of Improvements. The developer shall notify the
Administrative Official at least forty-eight (48) hours prior to commencement of
construction. The Administrative Official shall carry out inspections and tests of all
required improvements during construction and following the completion of each stage of
construction, in accordance with accepted construction and testing practices, to ensure
compliance with approved plans and advise the City Manager whether or not the
improvements being constructed appear to qualify for acceptance by the City. The
Administrative Official shall be authorized to execute all actions deemed necessary to
determine compliance with specifications and requirements of the Land Development
Regulations. If the Administrative Official finds that actions to determine such
compliance are beyond and additional to customarily required inspections and tests, the
Administrative Official shall have the authority to require the owner to pay for the
expense of any such action incurred by the Administrative Official. All required
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improvements shall be installed, inspected and approved prior to acceptance by the City
Manager or other applicable public entity.
Inspection Fees. The owner shall pay to the City, for engineering and inspection services
provided by the City, a fee to be established in the manner prescribed in the Land
Development Regulations. The fee shall be due upon issuance of a site development
permit, provided that the Administrative Official shall have the authority to establish an
alternative method of payment of such fee. However, in all cases such fee shall be due
prior to final acceptance of improvements by the City Manager or other applicable public
body.
Completion and Acceptance of Improvements.
Submittal of As-Built Drawings. Upon completion of any required
improvements, the owner shall submit to the Administrative Official As-Built
Drawings prepared and certified by the engineer of record, showing the actual
installation of such improvements. As-Built drawings shall be provided in
reproducible form.
Posting of Maintenance Guarantee. Prior to acceptance of the required
improvements by the City Manager or other applicable public body, the owner
shall provide a Maintenance Guarantee for the repair or correction of material
defects or failures of the improvements for a period of two years following
acceptance. The Maintenance Guarantee shall be in an amount equal to 10% of
the actual construction cost of all the improvements, and shall consist of a
performance bond, equivalent cash deposit with the City, construction loan
agreement with a recognized lending institution, certificate of deposit or
irrevocable letter of credit by a Florida bank, a cashier's check or a certified check
upon a Florida bank. Upon default, the City Commission or other applicable
public body may exercise its rights upon ten (10) days written notice by certified
mail, return receipt requested, to the parties to the instrument.
Certificate of Completion. The Administrative Official shall issue a Certificate
of Completion and the City Manager shall be empowered to accept responsibility
for maintenance and operation of the required improvements, upon determination
of compliance with all of the following requirements:
Completion of satisfactory final inspections for the improvements in
question;
Submission and approval of a certification by the engineer of record that
the required improvements have been installed and completed in
accordance with submitted and approved As-Built Drawings; and,
c. Posting and approval of the required maintenance guarantee.
Reduction By Phase or Release of the Performance Guarantee. Upon issuance
of the Certificate of Completion for an approved phase of the required
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improvements, the Administrative Official shall be authorized to reduce the
amount of the Performance Guarantee for such improvements by the amount of
the original cost estimate for the improvements covered by the Certificate. Where
the Certificate covers all required improvements, the Performance Guarantee shall
be fully released.
SECTION 7.3
IMPROVEMENTS RETAINED IN PRIVATE OWNERSHIP
Applicability. The following requirements shall apply wherever improvements required
by the Land Development Regulations shall be retained in private or common ownership,
and will not be dedicated to the City of Sanford or another public entity.
Construction and Inspection of Improvements. Prior to the approval of any Certificate
of Completion or Certificate of Occupancy, all improvements required by the Land
Development Regulations shall be installed according to plans approved in the manner
prescribed in the Land Development Regulations and in accordance with the
requirements set forth in the Land Development Regulations. The Administrative
Official shall inspect all improvements during and after construction and shall conduct
and/or approve all tests of materials to insure compliance with all applicable requirements
of the Land Development Regulations.
All proposed modifications of the City approved plans shall require written request to and
approval by the Administrative Official prior to installation.
Certificate of Completion. The engineer, architect or landscape architect of record shall
submit a certification that the required improvements have been installed and completed
in accordance with approved plans for the premises in question.
Performance Guarantee for Certain Improvements. The Administrative Official has
the authority to determine that the installation of the certain improvements may be
delayed without substantial detriment to the public health, safety, or welfare or where
necessary to coordinate such improvements with publicly financed capital improvements
or improvements of adjacent premises, the Administrative Official may permit the owner
to provide performance guarantee and a recordable agreement to install such
improvements at a later specified date. Such certain improvements may include but not
be limited to the following:
1. Improvements within public rights-of-way.
2. Installation of sidewalks and bikeways.
3. Improvements to major drainageway.
The performance guarantee and agreement shall be provided prior to the issuance of any
Certificate of Occupancy, and, except for the effective period, shall be subject to all of
the performance guarantee requirements set forth in Section 7.2, Paragraph C of the
Land Development Regulations. Improvements installed in this manner shall be subject
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to all of the requirements of the Land Development Regulations pertaining to the
construction, inspection and completion of such improvements.
Completion and Acceptance of Improvements. Upon completion of any required
improvements, the owner shall submit to the Administrative Official as-built drawings
prepared and certified by the engineer of record, showing the actual installation of such
improvements.
SECTION 7.4
MAINTENANCE OF COMMON AREAS, FACILITIES AND
IMPROVEMENTS
This section is intended to assure that adequate ownership, management and maintenance
responsibilities and measures will be established to protect and perpetually maintain such
common areas, facilities and improvements that will be maintained and owned in a manner other
than by under a single unified ownership. In addition, this section is intended to ensure
continued availability and utility of common areas, facilities and improvements and prevent such
facilities from becoming an unnecessary burden or nuisance to the general public or surrounding
property. Nothing in this section shall be construed as creating any obligation or liability upon
the City to maintain such facilities or improvements or otherwise ensure their availability and
condition.
Applicability. This section shall apply to all common areas, facilities and improvements
which are identified and/or designated in approved plans to be owned and/or maintained
under a common entity. The following types of areas, facilities and improvements shall
not be subject to these requirements:
Lands, Facilities and Improvements Dedicated to the Public. Any lands or
improvements to be dedicated or conveyed to the City or other applicable public
entity, for designated or general public use.
Private Areas, Facilities and Improvements. Common areas, facilities or
improvements to be owned and maintained under the same unified ownership as
for the entire premises in question, such as but not limited to parking areas or
recreational amenities for multiple-family development projects or community
shopping centers.
Condominiums and Cooperatives. Any lands or improvements to be owned and
maintained under a condominium or cooperative, which shall be established and
regulated in the manner prescribed by law.
Establishing Common Ownership and Management. Draft documents to establish
common ownership and management responsibilities, entities, procedures and related
considerations shall be approved by the City prior to the commencement of installation of
facilities and improvements in question. City approval of such documents shall be
accomplished in a manner that complies with applicable procedures and requirements of
the Land Development Regulations which may include but not be limited to review and
approval procedures involving conditional use permits, planned development project plan
approval, development plan review and subdivision plan review. Such documents shall
VII-6
establish a means of common ownership and management of all common areas, open
space, facilities and improvements. Such documents shall also establish an organization
or entity to own and manage the common areas, facilities and improvements in question,
setting forth membership and responsibilities, including maintenance and fiscal programs
and providing procedures for conducting business and activities of the organization or
entity. Furthermore, certification that such required and approved documents are
established, incorporated and recorded in the office of the Clerk of the Circuit Court shall
be provided to the Administrative Official prior to issuance of a Certificate of
Completion.
Funding Mechanism Required. The documents establishing common ownership
and management shall establish a funding mechanism for the maintenance of the
common areas, facilities and improvements. A method for the organization or
entity to assess the property owners having beneficial use of common areas,
facilities and improvements shall be set forth in such documents. The method of
assessment shall provide the legal right for the organization or entity to impose
liens against those properties for which payment of any assessment is not made.
Collection of assessments and enfoming the payment thereof shall be the
responsibility of the organization or entity and shall not be the responsibility of
the City of Sanford. The assessments imposed by the organization or entity shall
not relieve property owners from any taxes, fees, charges or assessments imposed
by the City or any other governmental agency.
Notice to Buyers. The documents establishing common ownership and
managements shall also provide for notice to purchasers and prospective
purchasers of properties that the organization or entity shall have the authority to
make assessments and impose liens as provided in this Section.
Failure to Maintain Common Areas, Facilities and Improvements. Failure to
maintain common areas, facilities and/or improvements in accordance with the
requirements of the Land Development Regulations shall be considered a violation of the
Land Development Regulations subject to provisions applicable to violations, remedies
and penalties prescribed in the Land Development Regulations. In the case of such a
violation, the organization or entity and all property owners, occupants and lessees
having beneficial use of or legal interest in the common areas, facilities and
improvements in question shall be subject to applicable remedies and penalties. The City
shall not be required or obligated in any way to construct or maintain, or participate in
any way in the construction or maintenance of the common areas, facilities and/or
improvements.
SECTION 7.5
VARIANCES
Any applicant may request a variance from the requirements of Schedules M, N, O, and P.
Such request for a variance shall comply with the requirements and procedures set forth in this
section.
Application to Administrative Official. Applications for a variance shall be submitted
to the Administrative Official. The Administrative Official shall have the authority to
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require that submittal of such application be coincident with any other related application
or request set forth in the Land Development Regulations including, but not limited to,
Development Plan Review and Subdivision Plan Review. The form of the request shall
be acceptable to the Administrative Official and shall comply with the following
requirements:
1. The request shall be in written form.
2. The request shall accompany the proposed plan in question.
The request shall identify the requirement or provision that is proposed to be
modified and shall fully explain the reasons that such variance should be
permitted.
The Administrative Official has the authority to accept or reject such request
based on reasonableness.
Administrative Official Action Upon Technical Questions. Upon acceptance of a
request by an applicant as set forth above, thc Administrative Official shall have thc
authority to act upon a request for a variance when such request is primarily of a
technical nature. Such request must involve a technical specification or requirement such
as, but not limited to, the type of materials, type or mariner of application of materials,
installation sequence, material performance, construction technique or requirement for
specific construction feature. Further, the variance must not constitute a policy question.
Copies of all granted variances shall be provided to the City Commission, City Manager
and the Planning and Zoning Commission.
In granting a variance, the Administrative Official must make specific affirmative fin-
dings respecting each of the matters specified in Subsection 7.5 C. and may prescribe
appropriate conditions and safeguards, including requirements in excess of those
otherwise required by the Land Development Regulations, which shall become a part of
the terms under which a Site Development Permit and Certificate of Completion shall
issue.
The Administrative Official may refer any request for a variance to the Development
Review Team for recommendation. The Administrative Official may decline to rule upon
a variance application and process the application in accordance with the provisions
relating to policy decisions.
Standards for Consideration of a Variance. Before any variance may be granted, the
following findings shall be determined:
That the literal interpretation of the provisions of the Land Development
Regulations would deprive the applicant of rights commonly enjoyed by other
properties located in the immediate area of subject property under the terms of the
Land Development Regulations and would work unnecessary and undue hardship
on the applicant.
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That granting the variance will not confer upon the applicant any special
privileges denied by the Land Development Regulations to other lands, buildings
or structures located in the immediate area of the subject property.
That the variance provides for equal or better performance than the stated
requirement in the Land Development Regulations. The Administrative Official
may require a performance guarantee in the manner set forth in the Land
Development Regulations and/or engineering under signature and seal of a
licensed Professional Engineer in the State of Florida to insure such performance.
That the granting of the variance will be in harmony with the general intent and
purpose of the Land Development Regulations and that such variance will not be
injurious to the area involved or otherwise detrimental to the short-term or long-
term public interest or welfare.
That the granting of the variance will be consistent with the Comprehensive Plan
and will not adversely impact the established level of service for any facilities or
services set forth in said Comprehensive Plan.
Administrative Official Action and Referral Upon Policy Question. If the request for
a variance involves a requirement or provision that is not determined to be a technical
requirement by the Administrative Official, such a request for a variance shall be
regarded as a policy question. The Administrative Official shall have the authority to
refer requests for a variance regarding a policy question to the Planning and Zoning
Commission and/or the City Commission for action.
Referral To Planning and Zoning Commission. When the request for a
variance does not involve improvements that are dedicated, owned or maintained
by a public entity, the Administrative Official has the authority to transmit such
request for a variance to the Planning and Zoning Commission for action in
conjunction with the subject plan or application involved in the request for a
variance.
Referral To City Commission. When the request for a variance involves
improvements that are to be dedicated, owned or maintained by a public entity,
the Administrative Official has the authority to transmit such request for a
variance to the City Commission for action in conjunction with the subject plan or
application involved in the request for a variance. Action upon a request for a
variance involving improvements to be dedicated to the public must be by action
of the City Commission.
Action Upon Variance. In granting such request for a variance, the Planning and
Zoning Commission and/or the City Commission must make specific affirmative fin-
dings respecting each of the matters specified in Subsection 7.5 C., and may
prescribe appropriate conditions and safeguards, including requirements in excess of
those otherwise required by the Land Development Regulations, which shall become
a part of the terms under which a Site Development Permit and Certificate of
Completion shall issue.
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ARTICLE VIII: CONCURRENCY PROCEDURES
SECTION 8.1
CONCURRENCY MANAGEMENT ADMINISTRATIVE
PROCEDURES
General. Concurrency is a finding that the public facilities and services necessary to
support a proposed development are available, or will be made available, concurrent with
the impacts of the development. The provisions of this Article are designed to provide a
systematic process for the review and evaluation of the impact of all proposed
development on concurrency facilities, as required by the Local Government
Comprehensive Planning and Land Development Regulations Act, Chapter 163, Part II,
Florida Statutes, and Rule 9J-5.0055, Florida Administrative Code.
B. Concurrency Facilities Defined. Concurrency facilities are defined as and include:
2.
3.
4.
5.
6.
Roadways
Potable Water Facilities
Sanitary Sewer Facilities
Solid Waste Facilities
Recreation and Open Space Facilities
Drainage Facilities
Purpose. The purpose of this Article is to ensure that development orders and permits are
conditioned on the availability of concurrency facilities which meet adopted level of
service requirements described in Schedule Q. Schedule Q cites level of service
requirements and methods of calculating facility capacity goveming concurrency
determination. Further, in order to insure certainty in the development process, this
Article provides procedures and mechanisms to reserve capacity for concurrency
facilities.
SECTION 8.2
APPLICABILITY AND EXEMPTIONS
A. Applicability. All applicants for development approval shall submit any information,
data and analysis deemed necessary by the Administrative Official to conduct a concurrency
review.
B. Exemptions. All applicants for development shall be subject to concurrency review
unless specifically exempted below:
Projects Below the Minimum Threshold. The following development shall be
exempt from concurrency management reviews:
Residential projects which would result in the creation of one (1)
additional single family dwelling or one (1) two family dwelling as well as
structural alterations, including room additions which do not change the
land use;
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Nonresidential change of use or expansion projects of up to ten percent
(10%) of the existing gross floor area, providing such change of use or
expansion is estimated to generate less than one hundred twenty (120)
vehicle trips per day and create one (1) equivalent residential unit of utility
demand or less. Trip generation data shall be pursuant to the latest
edition of the publication entitled: Trip Generation, Institute of
Transportation Engineers, or as hereinafter updated and amended.
In no case, however, shall a development order be issued for a minimum
threshold project which would impact a public facility for which a
moratorium or deferral on development has been placed.
Construction of accessory buildings and structures which do not create
additional public facility demand.
Other developments which do not increase capacity of concurrency
facilities, such as grading or excavation of land or structural alterations
which do not include a change of use and satisfy provisions of (a) and (b)
above.
o
Vested Projects. Projects which have valid development orders or permits prior
to the effective date of this Article, shall be exempt from concurrency
management. This shall include the following:
Any project for which a building permit has been issued and for which the
building permit has not expired and construction has commenced prior to
the expiration of the building permit.
All vacant single family detached, single family attached and two family
dwelling lots in subdivisions which were platted and recorded prior to the
effective date of this Article;
Ail vacant nonresidential lots in subdivisions which were platted and
recorded prior to the effective date of this Article, provided however, only
one (1) principal building and one land use shall be permitted per lot or
tract;
Any subdivision for which the preliminary subdivision plan has been
approved prior to the effective date of this Article and which approval has
not expired;
Any project Zoned PD, Planned Development, for which a Master Plan
has been approved prior to the effective date of this Article;
Any project for which a Development Plan has been approved prior to the
effective date of this Article and which approval has not expired;
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Approved developments of regional impact with a development order that
has not expired; and,
Any project for which the City Commission approves as a vested project
pursuant to procedures set forth in the Article.
Redevelopment Projects. Proposed redevelopment shall be credited for 110%
capacity of the existing project. Ifa redevelopment project generates capacity in
excess of 110% of the existing project, a concurrency review shall be required;
however, the concurrency review shall only be directed to the capacity generated
which exceeds the capacity of prior existing development. Capacity
determination shall be conducted at the time of demolition permit application.
The proposed redevelopment generates less traffic than the existing project, the
applicant for concurrency review shall be given a concurrency credit
memorandum within thirty (30) days of the concurrency evaluation which enables
the applicant to reapply for the unused capacity. The concurrency credit
memorandum will expire within five (5) years of its issuance. The applicants
submission of an application for a demolition permit shall initiate the concurrency
review for the express purpose of issuing credits for redevelopment.
Public Facilities. Public facilities necessary to ensure the protection of the
health, safety and general welfare of the citizens of the City of Sanford, including
public schools (pre-kindergarten through 12th grade), shall be exempt from
concurrency review. This shall include all public facility construction projects
included in the City's Capital Improvements Program required to meet any
adopted level-of-service standard.
Transportation Concurrency Exception Area. Transportation concurrency
requirements shall not apply to development or redevelopment within the
Transportation Concurrency Exception Area as depicted on Map II-8 of the 2001
City of Sanford Comprehensive Plan, provided that the development or
redevelopment project complies with the standards and requirements of
Subsection 4.0 of Schedule Q of the Land Development Regulations.
SECTION 8.3
CRITERIA FOR CONCURRENCY AND FINAL DEVELOPMENT
ORDERS
Final Development Order. Final development orders include site development permits,
building permits and development orders or agreements. A final development order shall
only be granted for a proposed development based upon a finding that all public facilities
and services included in this Article have sufficient capacity at or above their adopted
level-of-service (LOS) to accommodate the impacts of the development, or that
improvements necessary to bring facilities up to their adopted LOS will be in place
concurrent with the impacts of the development, as defined herein.
The following criteria must be met in order to comply with concurrency management
requirements:
VIII-3
The necessary concurrency facilities and services are in place at the time a
development permit is issued, or a development permit is issued subject to the
condition that the necessary facilities and services will be in place by a specified
date when the impacts of the development are anticipated to occur; or
The necessary facilities are under construction at the time a development permit is
issued; or
The necessary facilities and services are the subject of a binding executed contract
for the construction of the facilities or the provision of services at the time the
development permit is issued; or
The necessary facilities and services have been included in the Capital
Improvements Program and are programmed for construction prior to or
concurrent with the impacts of the proposed development; or
In the case of road facilities, the necessary improvements are committed in the
first three years of the applicable adopted Florida Department of Transportation
Five Year Work Program, or the Seminole County Five Year Transportation Plan.
The necessary facilities and services are guaranteed in an enforceable
development agreement. An enfomeable development agreement may include,
but is not limited to, development agreements pursuant to Section 163.3220,
Florida Statutes, or an agreement or development order issued pursuant to Chapter
380, Florida Statutes, or any other development agreement entered into between
the City and a development. The agreement must guarantee that the necessary
facilities and services will be in place prior to or concurrent with the impacts of
the development.
SECTION 8.4
CONCURRENCY ADMINISTRATION
The Administrative Official shall be responsible for concurrency reviews as required by this
Article. Concurrency determination shall be based on a numerical review performed by the
Administrative Official based on information provided by the applicant. The Administrative
Official shall make a non-binding determination of whether sufficient capacities in public
facilities and services are available to satisfy the demands of each proposed development.
Application for Concurrency Review. Concurrency review shall be initiated upon
submission and acceptance of an application for a Planned Development Project Master
Plan, a Site Plan and/or a Preliminary Subdivision Plan. An applicant may request a
concurrency review upon making application in an acceptable form to the Administrative
Official. At the request of the applicant and pursuant to payment of a fee established in
the manner set forth in this Ordinance, the Administrative Official may issue a non-
binding letter of concurrency findings.
Project Impact Assessment. The Administrative Official shall use the best available
information to establish and evaluate existing capacities for concurrency facilities. The
applicant shall be responsible for calculating the anticipated impacts of a proposed
VIII-4
development. The Administrative Official shall assess the impacts of the proposed
development against existing conditions.
Project Phasing/Timing of Improvements. Public facility improvements associated
with a phased development may likewise be phased, provided that all public facility
improvements necessary to accommodate the impacts of the entire development are to be
provided and a schedule established for their construction prior to the issuance of a final
development order. The schedule of facility improvements shall ensure that all facility
improvements necessary to accommodate the impacts of the development (or portion
thereof) for which a certificate or completion or certificate of occupancy has been
applied, shall be in place prior to the issuance of the certificate. Under no cimumstances
shall the final certificate of occupancy or completion be issued for a project unless all
required facility improvements required by the development order or development
agreement have been completed.
Development Agreements. If the minimum requirements for concurrency as outlined in
Article IX cannot be met, concurrency may be achieved by guaranteeing necessary
facility improvements in an enforceable development agreement, as permitted by Article
IX. Said development agreement may include guarantees to construct required facility
improvements, or to provide funds equivalent to the cost of providing such facility
improvements.
The terms and schedules of all investment reimbursement programs shall be set forth in a
binding development agreement.
Concurrency Findings. Upon the conclusion of the concurrency review, the
Administrative Official shall prepare a written set of findings concerning the proposed
development. These findings shall include, but are not limited to:
2.
3.
4.
The anticipated public facility impacts of the proposed development;
The ability of existing facilities to accommodate the proposed development at the
adopted level of service standards;
Any existing facility deficiencies that will need to be corrected prior to the
completion of the proposed development;
The facility(s) improvement or additions necessary to accommodate the impact of
the proposed development at the adopted level(s) of service standard(s) and the
entity(s) responsible for the design and installation of all required facility
improvements or additions; and
The date such facility(s) improvement or additions will need to be completed to
be concurrent with the impacts on such facility(s) created by the proposed
development.
SECTION 8.5
CAPACITY RESERVATION
Reservation of Capacity. If the Administrative Official determines that the capacity of
public facilities is equal to or greater than that required to maintain the adopted level-of-
service for said facilities, the applicant may request a reservation of capacity. Upon
receipt of an application for capacity reservation in a form acceptable to the
Administrative Official, the Administrative Official shall approve, approve with
VIII-5
conditions, or deny the capacity reservation application. The Administrative Official
shall issue a Letter of Capacity Reservation which shall state applicable findings,
conditions, stipulations and appropriate information. A Letter of Capacity Reservation
shall be required prior to a final development order. A Letter of Capacity Reservation
does not represent overall development approval and shall not release a recipient of such
letter from all other applicable provisions of the land development regulations. The City
Commission shall establish fees in the manner set forth in this Ordinance to be paid by
the applicant in order to reserve facility capacity. Said fees shall set forth time frames for
final reservation of capacity and provisions for extensions.
First-Come-First-Served. Letters of Capacity Reservation shall be issued on a first-
come, first-served basis by the Administrative Official. Letters of Capacity Reservation
shall be valid only for the specific land uses, densities, intensities, construction and
improvement schedules contained in the application. Letters of Capacity Reservation mn
with the land and are transferable to a successor in ownership. Reservation of capacity
for concurrency shall expire if the underlying development order or development
agreement expires or is revoked.
Forfeiture of Capacity Reservation. In the event all capacity of a concurrency facility
has been reserved through Letters of Capacity Reservation, the Administrative Official
shall have the authority to review all Letters of Capacity Reservation, beginning with the
longest standing such Letter. If the Administrative Official determines that the
development has not proceeded in "good faith," the Administrative Official may
recommend to the City Commission that the Letter of Capacity Reservation be forfeited.
If the City Commission shall, with due public notice and notification of the owner or
applicant, hold a public hearing to determine whether the Letter of Capacity Reservation
shall or shall not be forfeited and whether a refund shall be made. If the longest standing
development order holding a Letter of Capacity Reservation has proceeded in good faith,
then the next longest standing Letter of Concurrency Reservation shall be reviewed by
the Administrative Official, and so on. This system will proceed until a determination is
made as to whether previous development orders with a Letter of Capacity Reservation
have proceeded in good faith.
Project Deferrals/Development Moratoriums. If, at any time the City's inventory of
public facilities capacities indicates that a public facility has dropped below its adopted
level-of-service standard, the City shall cease to issue development orders for projects
which would impact the deficient facility(s) or area of facility operations, as defined
within this Ordinance. Such a suspension or moratorium on the issuance of development
orders shall continue until such time as the adopted LOS standard is reestablished or the
Comprehensive Plan is amended to reflect an acceptable level of service standard for the
facility(s) in question.
Concurrency Denials. In the event that the City's concurrency review reveals that the
proposed development would generate public facility impacts beyond that which can be
absorbed by available capacity, the City shall ensure that there is a financial or other
legally binding commitment to ensure that public facilities necessary to correct the
anticipated deficiency will be in place concurrent with the impacts of the proposed
development. Should the City and/or a developer be unable to provide such assurances,
the project shall be denied. The Administrative Official may place projects denied due to
VIII-6
failure to meet concurrency requirements, but for which all other land development
requirements have been met, on a prioritized list for approval of development orders once
facility improvements have been made.
SECTION 8.6
INVESTMENT REIMBURSEMENT PLAN FOR CONSTRUCTION
OF NEW PUBLIC FACILITIES
Authorization. The Administrative Official is authorized to negotiate and establish
within a development agreement for approval by the City Commission an investment
reimbursement plan. When it is required that a developer funds the cost of infrastructure
or public facilities improvements in order to support the proposed development
concurrent with the impacts of the development and pursuant to the concurrency
management system and the developer is also required to provide or fund additional
capacity in the system to accommodate other future development in the area or fund a
facility that will be regularly utilized by other future developments the developer may be
eligible to participate in an equitable system of investment reimbursement to recover a
portion of the costs incurred in the installation of the facilities according to the provisions
of this section.
Applicability. This Section shall apply to any developer who is required to fund public
roadways, potable water facilities, sanitary sewer facilities, water facilities and/or
drainage facilities that may be used or shared in the future by the developers and owners
of other parcels of land in the vicinity.
Establishment of Investment Reimbursement Fund. The Administrative Official shall
establish an Investment Reimbursement fund and appoint a 'banker' to manage the
contributions of the participants. The banker may a City employee, a participant in the
Investment Reimbursement Area, or a designee of the Administrative Official. The
Administrative Official shall also establish a fee schedule and method of collecting
investment reimbursement administrative fees.
Do
Establishment of Investment Reimbursement Area. The Administrative Official shall
establish the geographical boundaries of the investment reimbursement area based on the
City's plans for infrastructure development and the future utilization of the proposed
public infrastructure by adjoining or proximate parcels of land. Every future
development or future subdivision located within the Investment Reimbursement Area
shall be required to contribute to the cost of the built infrastructure which benefits the
property.
Recovery of Reasonable Costs. The Administrative Official shall prepare criteria and
rules to determine the allowable costs to be recovered including, but not limited to, the
design, supervision, construction and installation costs of that portion of the infrastructure
or facility that will be shared by other developers and owners.
VIII-7
Fo
II.
Share Formula. The Administrative Official shall prepare rules to determine the costs
apportioned to each project or property within the Investment Reimbursement Area,
which rules shall be submitted to the City Commission for approval. For properties
located within the Investment Reimbursement Area, the Administrative Official shall
establish proposed conditions at the time of subdivision or development requiring future
developers to pay contributions into the fund.
Duration of Investment Reimbursement Area. The Investment Reimbursement Area
shall remain in effect for a maximum period often (10) years.
Development Agreement Requirements. Every development agreement that includes
an investment reimbursement plan shall contain, at a minimum, the following
components:
Description of the public facilities included in the investment reimbursement plan;
An exhibit delineating the applicable investment reimbursement area; and
Engineering computations and documentation of estimated construction costs
which form the basis for determining cost recovery amounts for the investment
reimbursement schedule. The estimated construction costs shall be amended in
the investment reimbursement schedule upon completion of the project should
they differ from the original estimated costs. The party funding and/or
constructing the project shall be responsible for furnishing the updated
construction cost data to the Administrative Official, for review and approval,
prior to any disbursement according to the investment recouping schedule.
VIII-8
ARTICLE IX: DEVELOPMENT AGREEMENTS
SECTION 9.1
AUTHORIZATION TO ENTER INTO AGREEMENTS
The City Commission, in its sole and exclusive discretion, may enter into development
agreements with the legal and equitable owners of real property within, or to be annexed to the
city limits of the City of Sanford, as is authorized in Section 163.3220, F. S., as it may be
amended from time to time.
SECTION 9.2
APPLICATION
A property owner desiring to enter into a development agreement with the City shall make a
written request for such development agreement to the Administrative Official. Such written
request shall identify the lands which will be subject to the development agreement and shall
identify all legal and equitable owners having any interest in such property. Such ownership
interest shall be certified by a title company or an attorney licensed to practice law in the State
of Florida. In the event that any partnerships, joint ventures or other entities, other than
individuals, own a legal or equitable interest in the subject property, all principals and other
persons with interest in such partnerships or joint ventures shall be revealed. In the event that
any corporation owns a legal or equitable interest in the subject property, the officers and
directors and any shareholder owning more than ten percent (10%) of the interest in the
corporation shall be revealed.
SECTION 9.3
DEVELOPMENT AGREEMENT CONTENT
Any development agreement approved under the provisions of this Article shall contain the
following requirements (Ref. Section 163.3227, F. S.):
A legal description of the land subject to the development agreement and the
identification of all persons having legal or equitable ownership therein.
The duration of the development agreement, which duration shall not exceed ten (10)
years, but which may be extended by mutual consent of the City and the developer. Any
request for an extension shall be subject to the public hearing process necessary for the
initial approval of said development agreement.
The development uses permitted on the land, including population densities, building
intensities and building heights.
All documents required to comply with criteria cited in the land development regulations
applicable to the subject project.
A description of the public facilities that will service the development, including
designation of the entity that shall be providing such facilities. Additionally, if new
facilities are needed to serve the project, the date by which such facilities will be
constructed shall be provided. A schedule to ensure that public facilities shall be
available concurrent with the impacts of the development shall also be provided. Such
schedule, relating the provision of public facilities or services to events or thresholds in
the development, may be substituted for the certain dates required hereunder.
The applicant may be required to provide a performance bond, letter of credit, or similar
instrument, to be deposited with the City to secure the construction of any new facilities
that are required to be constructed as part of the proposed development agreement.
Alternatively, such construction may be a condition precedent to the issuance of any site
development or building permits or other development permissions. In the event that the
new public facilities are in place and operating at the time development permits are
requested, no such performance bond or letter of credit shall be necessary unless such
facilities are not adequate for the project.
A description of any reservation or dedication of land for public purposes. The
development agreement shall provide specifically how all impact fees and other funding
requirements for the project are to be met.
In the event that land is to be conveyed to the City in discharge of the obligation of any
impact fee or other similar obligation, the development agreement shall provide that such
conveyance will be by warranty deed and will be accompanied by an environmental audit
and a title insurance policy which shall be in an amount not less than the assessed value
of the land. The applicant shall bear the cost of these requirements.
A description of all development permits approved or needed to be approved for the
development of the land, which description shall specifically include, but not be limited
to, the following:
1. Any required Comprehensive Plan amendments or rezonings.
Any required submissions to or approvals from Seminole County; the East
Central Florida Regional Planning Council; the State of Florida, Departments of
Community Affairs (DCA), Environmental Protection (DEP), Transportation
(DOT), Health and Rehabilitative Services (DHRS); the United State Army Corps
of Engineers; the St. Johns River Water Management District; the United States
Environmental Protection Agency; or any other departments with competent
jurisdiction over any aspect of the proposed development.
In the event that development requirements are not satisfied, action in reliance on the
development agreement or expenditures in pursuance of its terms, shall not vest any
development fights in the applicant/property owner. Failure to perform as specified
in the development agreement shall not constitute partial performance entitling the
applicant or property owner to a continuation of the development agreement.
A specific finding in the development agreement that the development permitted or
proposed is consistent with the City's Comprehensive Plan and with the land development
regulations. However, if amendments are required to the Comprehensive Plan or land
development regulations, such amendments shall be specifically identified in the
development agreement, and the agreement shall be contingent upon those amendments
being made and approved by the appropriate governmental agencies.
IX-2
The City Commission may provide for any conditions, terms, restrictions or other
requirements determined to be reasonably necessary for the public health, safety or welfare
of City residents and property owners.
A statement indicating that failure of the development agreement to address a particular
permit, condition, term or restriction shall not relieve the developer of the necessity of
complying with the law governing said permitting requirements, conditions, terms or
restrictions.
At the City Commission's discretion, the development agreement may provide that the entire
development, or any phase thereof, be commenced or completed within any specific period
of time.
SECTION 9.4
DEVELOPMENT AGREEMENT REVIEW
Application for approval. An applicant for approval of a development agreement shall
submit nine (9) copies of all materials listed in Section 9.3 as well as the fee established in
Article X to the Administrative Official. No application shall be deemed accepted unless it
is complete.
Referral to the Development Review Team. Upon receipt of a proposed Development
Agreement, the Administrative Official shall forward copies to the Development Review
Team which shall review the proposal and provide collective findings in writing to the
Administrative Official respecting approval, approval with conditions or modifications or
denial. The applicant may modify the application based on the recommendation of the
Development Review Team prior to review by the Planning and Zoning Commission.
Hearing by the Planning and Zoning Commission. Upon receipt of the written
recommendation of the Development Review Team and any modifications to the application
submitted by the applicant, the Administrative Official shall refer the Development
Agreement application to the Planning and Zoning Commission. The Planning and Zoning
Commission shall hold a public hearing to review and recommend to the City Commission
on an application for a development agreement. The Planning and Zoning Commission
shall provide to the City Commission written findings on the consistency of the application
with the comprehensive plan and the land development regulations and recommend any
conditions, terms, restrictions or other requirements determined to be necessary for the
public health, safety, or welfare of the citizens.
Action by the City Commission. The City Commission shall hold a public hearing on an
application for a development agreement and consider the recommendation of the Planning
and Zoning Commission. If the proposed Development Agreement is approved or approved
with conditions, the Mayor shall indicate such approval by signing his/her name on the
agreement.
SECTION 9.5
NOTICING REQUIREMENTS
Notice of intent to consider a development agreement shall be advertised approximately seven (7)
days before each public hearing in a newspaper of general circulation and readership in Seminole
County.
Notice of intent to hear a development agreement shall also be mailed to all affected property
owners within two hundred (200) feet of the subject property before the first public hearing.
The day, time and place at which the second public hearing will be held shall be announced at the
first public hearing.
The notice shall specify the location of the land subject to the development agreement, the
development uses proposed on the property, the proposed population densities, and the proposed
building intensities and height and shall specify a place where a copy of the proposedi agreement
can be obtained.
SECTION 9.6
DURATION OF DEVELOPMENT AGREEMENT
The duration of the development agreement shall not exceed ten (10) years. The agreement may be
extended by mutual consent of the City Commission and the developer, subject to a public hearing.
SECTION 9.7
RECORDING OF DEVELOPMENT AGREEMENT; EFFECTIVE
DATE OF AGREEMENT
Within fourteen (14) days after the City enters into a development agreement, the
Administrative Official shall record the agreement with the Clerk of the Circuit Court of
Seminole County. The Administrative Official shall submit a copy of the development
agreement to the Florida Department of Community Affairs within fourteen (14) days of the
recording of the agreement.
A development agreement shall become effective only after it is recorded in the public
records of the county and thirty (30) days after it has been received by the Florida
Department of Community Affairs.
The burdens of the development agreement shall be binding upon, and the benefits of the
agreements shall inure to, all successors in interest to the parties of the agreement.
SECTION 9.8
AMENDMENT OR CANCELLATION OF DEVELOPMENT
AGREEMENT
A development agreement may be amended or canceled by mutual consent of the parties to the
agreement or by their successors in interest.
SECTION 9.9
MODIFICATION/REVOCATION OF DEVELOPMENT
AGREEMENT
If state or federal laws are enacted after the execution of a development agreement which are
applicable to and preclude the parties' compliance with the terms of a development agreement. Such
agreement shall be modified or revoked as is necessary to comply with the relevant state or federal
laws.
SECTION 9.10 PERIODIC REVIEW OF DEVELOPMENT AGREEMENT
The City shall review land subject to a development agreement at least once every twelve (12)
months to determine if there has been demonstrated good faith compliance with the terms of the
development agreement. For each annual review conducted during years 6 through 10 of a
development agreement, the review shall be incorporated into a written report which shall be
submitted to the parties to the agreement and the State land planning agency. The report shall be
limited to the information sufficient to determine the extent to which the parties are proceeding in
good faith to comply with the terms of the development agreement. If the local government finds,
on the basis of substantial competent evidence, that there has been a failure to comply with the
terms of the development agreement, the agreement may be revoked or modified by the local
govemment.
IX-5
ARTICLE X: FEES
SECTION 10.1 FEES
No request for permits, certificates, applications, inspections and/or any other authorization required
by this Ordinance shall be accepted by the Administrative Official unless and until all fees required
to accompany the same are paid in full. The City Commission may, upon request and for proper
cause, waive any or all of the fees required by this Ordinance. Fees shall be established
concurrently or after the effective date of this Ordinance and thereafter amended by resolution of
the City Commission. A copy of such resolution, upon adoption, shall be filed with the
Administrative Official. The Administrative Official may recommend to the City Commission a fee
schedule to be embodied in such resolution establishing fees and may recommend amendments,
updates, additions, corrections and other appropriate modifications to such fee schedule from time
to time or as may be requested by the City Commission.
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Seminole County !i
Revised July 2, 2001
SECTION 08-20-31
CITY OF SANFORD ZONING MAP
SHEET 34
RI-1
, i
Seminole County
II
AG
NORTH
Revised March 23,2001
SECTION 09-20-31
CiTY OF SANFORD ZONING MAP
SHEET 35
NORTH
Seminole County
Sc~ ~inole County
LAKE JESUP
SECTION 16-20-31
CITY OF SANFORD ZONING MAP
SHEET 38
MI-2
AG
/
Seminole County
Seminole County
!
i j I 'L~KE JESUP'
NORIH
SECTION 17-20-31
CITY OF SANFORD ZONING MAP
SHEET 39
SR-1
Seminole Counly
PD
PD
I
" i
Seminole County
NORTH Revised December 19, 2001
SECTION 18-20-31
CITY OF SANFORD ZONING MAP
SHEET 40
Seminole County -
Seminole County
NORTH
SECTION 13-20-30
CITY OF SANFORD ZONING DISTRICT MAP
SHEET 41
MR-2
AG
Semlnole Count/
NORTH
SECTION 14-20-30
CITY OF SANFORD ZONING MAP
SHEET 42
LAKE MARY BLVO E"
i I
PINE TR_EE RD
AG
MR-2
AG
i , OLD~UNNCT ,
Seminole
NORTH
MR-2
GC-2
SECTION 15-20-30
CITY OF SANFORD ZONING MAP
SHEET 43
· Seminole Counly
Seminole County
Revised July 12, 1999
SECTION 22-20-30
CITY OF SANFORD ZONING MAP
SHEET 44
SCHEDULEA
SCHEDULEB
SCHEDULEC
SCHEDULED
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 12.0
SCHEDULEF
Section 1.0
Section 2.0
Section 3.0
Section 4.0
Section 5.0
Section 6.0
LAND DEVELOPMENT REGULATIONS SCHEDULES
CITY OF SANFORD, FLORIDA
TABLE OF CONTENTS
PAGE
LAND USE CLASSIFICATIONS ................................................... A-1
PERMITTED USES ......................................................................... B- 1
AREA AND DIMENSION REGULATIONS ................................ C-1
PLANNED DEVELOPMENT PROJECT
REGULATION ................................................................................. D-1
Permitted Use ..................................................................................... D- 1
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-3
Home Occupations .............................................................................. E-4
Temporary Construction Activities ..................................................... E-5
Mobile Homes ..................................................................................... E-6
Travel Trailers ..................................................................................... E-7
Community Residential Homes .......................................................... E-8
Hazardous and Nonhazardous Uses .................................................... E-10
Junkyards ..................................................................................... E-13
Miscellaneous Business and Services, Commercial
Amusements, Wholesale and Storage and Manufacturing ................. E-13
Mining and Excavation ....................................................................... E-14
Hazardous Waste and Materials .......................................................... E-17
GENERAL REQUIREMENTS FOR BUILDINGS,
PARCELS, YARDS AND BUILDING SETBACKS ..................... F-1
Buildings ..................................................................................... F-1
Parcels ..................................................................................... F-2
Yards and Building Setbacks .............................................................. Fo3
Appearance of Site and Structures ...................................................... Fo11
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
Section 1.1
Section 2.0
Section 2.1
Section 2.2
Section 2.3
Section 2.4
Section 2.5
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 .................................................................. G-8
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-I
Purpose and Intent ............................................................................... J-1
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
ii
SCHEDULES, TABLE OF CONTENT, Continued
PAGE
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
Foundation Landscaping ......................................................... J-9
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-14
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-15
Submittal Requirements .......................................................... J- 16
Exceptions and Exemptions .................................................... J- 17
Specimen Trees ....................................................................... J- 18
Violations and Penalties .......................................................... J- 18
Landscape Material, Installation and Maintenance
Standards ..................................................................................... J- 19
Required Trees and Shrubs ..................................................... J-19
Unacceptable Plant Species .................................................... J49
Installation of Required Landscape and Trees ........................ J-20
Tree Preservation During Development and Construction J-21
Drought Tolerant Plant Standards Applicable to
Required Landscaping ......................................................................... J-22
Maintenance of Required Landscape .................................................. J-23
Appendix 1 Drought Tolerant Plants .................................................................................. 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
Section 3.1
Section 3.2
Section 3.3
Section 3.4
Section 3.5
Section 3.6
Section 4.0
Purpose and Intent ............................................................................... K-1
Location ..................................................................................... K-1
Sign Surface Area ................................................................... K-2
Signs Permitted in All Zoning Districts .................................. K-2
Signs Prohibited in All Zoning Districts ................................. K-3
Signs Identifying Activity Conducted on Premises ............................ K-4
Banner Signs ........................................................................... K-8
Mobile Trailer Signs ............................................................... K-9
Motor Vehicle Sign ................................................................. K-10
Political Campaign Signs ........................................................ K-10
Roof Signs ............................................................................... K-11
Lake Mary Boulevard .............................................................. K-11
Lighting ..................................................................................... K-12
iii
SCHEDULES, TABI.F. OF CONTENT, Continued PAGE
Section 4.1
Construction, Installation, Appearance and Permitting .......... K-13
SCHEDULE L NONCONFORMING LAND USE PROVISIONS ........................ L-1
Section 1.0
Section 1.1
Section 1.2
Section 1.3
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 4.2
Section 5.0
Section 5.1
Section 5.2
Existing Nonconforming Structures and Uses .................................... L-1
Structures and/or Uses ............................................................ L- 1
Use, Enlargement, Replacement, Alteration,
Expansion and/or Extension of an Existing
Nonconforming Structure and/or Use ..................................... L-2
Change of Use ......................................................................... L-3
Signs ..................................................................................... L-4
Lawfully Existing Signs .......................................................... L-4
Other Signs .............................................................................. L-4
Permits ..................................................................................... L-4
Site Development Permits ....................................................... L-4
Building Permits ..................................................................... L-4
Existing Undeveloped Nonconforming Parcels of Record ................. L-5
Parcels of Record .................................................................... L-5
Adjoining Parcels .................................................................... L-6
Dimensional Variances and Conditional Uses .................................... L-6
Proof of Nonconforming Status .............................................. L-6
Justification ............................................................................. L-6
SCHEDULE M ENVIRONMENTALLY SENSITIVE LANDS .............................. M-1
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
Section 3.7
Section 4.0
Section 4.1
Purpose and Intent ............................................................................... M-1
Applicability ..................................................................................... M- 1
Wetlands and Soil Limitation Submittal
Requirements ..................................................................................... M-3
Wetland Design and Performance Criteria ............................. M-4
Flood-Prone Area Design and Performance
Criteria .................................................................................... M-6
Wildlife Habitat Preservation and Protection
of Upland Vegetative Communities and
Endangered or Threatened Flora and Fauna ........................... M-9
Protecting Environmentally Sensitive Lands
During Construction ................................................................ M- 10
Soil Erosion, Sedimentation Control, and
Shoreline Protection .................................................................. M- 10
Lake Shore Protection ............................................................... M-12
Agricultural Activity Adjacent to Waterways
Prohibited .................................................................................. M- 15
Dock and Pier Construction Guidelines .............................................. M-16
Intent ..................................................................................... M-16
SCHEDULES, TABLE OF CONTENT, Continued
PAGE
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
General Provisions ................................................................... M- 16
Non-Commercial Single Docking Facility Standards ............. M-18
Non-Commercial Multi-Dock Facility Standards ................... M-19
Commercial Docking Facility Standards ................................ M-19
Variances ................................................................................. M-20
Procedures for Issuance of Development Orders .................... M-20
Effective Recharge Areas - Prohibited Uses ....................................... M-20
Wellfield Protection ............................................................................ M-21
Exemptions ..................................................................................... M-22
Land Unsuitable for Development ...................................................... M-23
SCHEDULEN
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
Figure N- 1
Figure N-2
Figure N-3
Figure N-4
Figure N-5
Figure N-6
Figure N-7
Figure N-8
Figure N-9
Figure N-10
Streets, Lots and Tracts Design .......................................................... N-1
Minimum Design Standards and Improvements ..................... N-1
General Street Design and Arrangement ................................. N-1
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
Standard Roadway Sections ................................................................ N-5
Standard Roadway Sections ................................................................ N-6
Typical Swale Section ......................................................................... N-7
Standard Concrete Valley Gutter ........................................................ N-8
Street Light Standard .......................................................................... N-12
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 ................................ N-24
V
SCHEDULES, TABLE OF CONTENT, Continued
PAGE
Figure N-11
Figure N-12
Figure N-13
Figure N-14
Figure N-15
Driveway Detail with Swale ............................................................... N-25
Driveway Flared End Detail ................................................................ N-26
Parking Standards and Table ............................................................... N-27
Handicap Sign and Parking Space Standards .......................................N-31
Passenger Loading Zones .................................................................... N-31
SCHEDULE O
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
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 ............................. O-12
Underdrain Stormwater Management Systems ....................... O-14
Roadway Drainage Design .................................................................. O-17
All Roads ................................................................................ O-17
Rural Section ........................................................................... O-18
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 o f Lake Elevations .............................................................. 0-30
SCHEDULE P
Section 1.0
Section I. 1
Section 1.2
POTABLE WATER, SANITARY SEWER, RECLAIMED
WATER, PIPE, TRENCHING AND BORING AND
SOLID WASTE DISPOSAL REQUIREMENTS ..........................
P-1
Water Distribution Systems ................................................................ P- 1
General Applicability .............................................................. P-1
General Design Requirements ................................................ P-1
vi
SCHEDUI.ES, TABI.I~. OF CONTENT, Continued
PAGE
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
Figure P- 1
Figure P-2
Figure P-3
Figure P-4
Figure P-5
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-21
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
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
Section 1.0
Section 2.0
Section 3.0
Section 4.0
Adopted Level of Service Standards ................................... Q-1
Methodology For Determining Impacts on
Available Capacity .............................................................................. Q-4
Determination of Available Capacity .................................................. Q-7
Transportation Concurrency Exception Area (TCEA) ....................... Q-9
SCHEDULES, TABLE OF CONTENT, Continued PAGE
SCHEDULE R AIRPORTS AND AIRCRAFT ........................................................ R-1
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 ..................................................................................... 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 6.0
Section 7.0
Section 8.0
Section 9.0
Figure S- 1
Figure S-2
Figure S-3
Figure S-4
Figure S-5
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
Commercial Historic District ....................................................... S-5
Ordinary Maintenance ......................................................................... S-6
Acquisition of Historic Easements ...................................................... S-7
Alteration of a Landmark .................................................................... S-7
Old Sanford District Regulations ............................................................. S-8
Urban Regulations, Type iV - Building ................................................... S-9
Architectural Regulations, Building Walls and Elements ..................... S-10
Architectural Regulations, Roofs, Windows and Doors ........................ S-11
Special Standards, Enfomement, Occupancy and Maintenance ............ S-12
Old Sanford District ............................................................................... S- 13
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
The City shall prohibit off-street loading, unloading and service areas for principal uses not
allowed in the subject zoning district.
All non-functioning roadway access points shall be removed. All non-permitted or hazardous
roadway access points shall be either removed or reconstructed to City standards. All disturbed
rights-of-way shall be restored to City standards by the permittee.
SECTION 1.4
OFF-STREET PARKING, LOADING, UNLOADING AND SERVICE
AREA SPACE ACCESS AND IMPROVEMENTS
Vehicular Access-General. Off-street parking, loading, unloading and service area space shall
have vehicular access to a street. Velficular access points to off-street parking, loading,
unloading and service area space shall be subject to the following provisions:
There shall be only one (1) vehicular access point, not to exceed thirty-six (36) feet in
width, or two (2) vehicular access points, not to exceed thirty (30) feet in width each,
located on any one street adjacent to and serving the premises in question provided,
however, that one (1) additional vehicular access point, not to exceed thirty-six (36) feet
in width, or two (2) additional vehicular access points, not to exceed thirty (30) feet in
width each, shall be permitted for every four hundred (400) feet of parcel frontage on a
single street.
Two way driveways of 24 feet in width and one way driveways of 16 feet in width shall
be considered the initial width allowed without documentation or engineering studies
for review and approval by the Administrative Official.
All vehicular access points shall be located at least one hundred (100) feet, or two-
thirds (2/3) the distance of the parcel frontage on a street, whichever is less, from the
intersection of any right-of-way lines of streets or a street and a railroad.
All vehicular access points serving corner lots or tracts with less that two htmdred (200)
feet of l'rontage on only one street classified as an arterial, collector or local feeder in
the Traffic Circulation Element of the Comprehensive Plm~ shall be located on the street
that intersects the arterial, collector or local feeder roadway in question.
The minimum distance between subject driveway and adjacent driveways shall be
regulated as follows:
Speed l,imit of Accessed Street Minimum Separation of Driveways
(Nearest Edge to Nearest Edge)
OVIPIt) (FEET)
25 105
30 125
35 150
43 185
45 230
275
with the inbonnd driveway upslream
show above if approved by
!of at l~st twelve (12) f~et.
mid service area space shall have a buffer
;~hich the off-street parking and/or
here may
for off-street parking space
other buffer rea]hired by the provisions of
us~s located in RMOI, RC-I GC-2,
to be located in SRdAA, SR-IA,
Districts Or residential areas in PD Zoning
for off-street parking, loading, unloading
focused soas not to create traffic hazards
A~D iASSOCIA?ED EQUIPMENT
~ RESIDE~IAL DEVELOPMENTS
he storage., of recreational and other st~ch
shall provide a desiggmted ;ia'ca tbr the
dwelling units. The parking
five willis, l~nces, berms or any combination
area may:have on tile rest of the site.
the rest of the parking area within the
anti space lbr easy maneuverability for
iumbcr.
! spact: per 25 dwelling units tbr
equipment. Any fi-action of 25
SECTION 2.0
COMMON VEHICULAR ACCESS POINTS
Applicability. The Administrative Official, in conjunction with the recommendation of the
Plans Review Committee, shall require the provision of common vehicular access points
between abutting lots or tracts when all of the tbllowing criteria are met:
1. The proposed use is nonresidential.
The lot or tract has frontage on a street classified as a major thoroughfare in the Traffic
Circulation Plan Element of the Comprehensive Plan.
The provision of common vehicular access points and related conm~on accessways wilt
help mitigate future adverse transportation impact of the proposed use upon traffic
safety and vehicular operating capacity of the major thoroughfare in question.
The existing or anticipated land uses adjacent to the lot or tract in question are generally
of a similar or compatible character to the proposed use of the lot or tract in question.
The provision of common vehicular access points between lots or tracts is not
impractical due to the configuration of existing buildings, structures or other related cir-
cumstances.
Design of Common Vehicular Access Points. When common vehicular access points are
required, the following design criteria shall apply:
Common vehicular access points shall provide two-way traffic circulation to
accommodate a twelve (12) tbot wide accessway in each direction.
Commou vehicular access points should be located betxvccn the parcel line with
frontage on the major thoroughfare and the required front yard building setback or base
building line, whichever is greater.
Stub-outs and other design features shall be provided to the parcel line in question in
order to tie together on-site vehicular traffic circulation of abutting properties.
Oft-street parking, co,ninon vehicular accessways and related facilities shall be
an-anged in a manner that coordinates on-site vehicular circulation between abutting
lots and tracts.
Submittal of Draft Common Vehicular Access Point Agreement. When a common
vehicular access point agreement is required, a draft copy of such agreement, easement or other
similar instrument shall be submitted with a proposed Site Plan or a proposed Preliminary
Subdivision Plan, whichever is applicable.
G6
D. Recordiu~
vehicu!ar ~
provisions
County.
provided .
Certitiqate[of
E, ldentifiea
Map.
question by a
I;'lorida I
F. Temporal
an
approved
point shall
vehicu!ar;
mail a~ toiw
conditibns
G. Auxiliary
contained
SECTION 3.0
Existing off-streel
reduced unless it,
an existing pmmil
loading,
existing use no~
and vehicular ;1
lion or expansion ¢ft
allowed in the ~uhlec
SECTION 4.1.1
SECTION 4.1
Base buik! g
the existine
ul~oectq
of
edule
icopy of
symbo I
Access
¢f same ~
ght and
the nc
tistrict.
/cstabhsl
' itinc and
ar Access Point Agreemefit. All common
ar legal instm~nents required by the
the Clerk of the Circuit Court of Seminole
grccment, easement or instmntent shall be
thc isst~ance of a Site Development Permit or
Point Agreements Ou The Zoning District
vehicular access point agreement, the
to be identified on the lot or parcel in
District Map of the City of Santbrd,
or tract in queslion is developed prior to
poim on a major thomughfiu:e may be
?approval of such temporary vetficular access
lot or tract provides conunon
;ircalation for both premises. The
parcel in question by certified
shall be removed and any applicable
all cosls involved in removing
ues). Requirements tbr auxilim'y lanes are
USE
area space Ibr any premises shall not be
Where the use of
shall conlbrrn with the off-street parking,
r access requirements of tiffs ordinance. Any
dug, loading, unloading m~d service area space
s of these regulations at the time of rely ahera-
~rohibit off-street parking for principal uses not
I ESIGNAIEI) RI(IHT-OF-WAY
~ccillcally listed. Thc e ' ·
lltll'O al-ca bet\\ecn
shall be deemed a fi'out yard and shall be
building from the finished grade to the sky,
or below the finished grade, except where such occupancy, obstruction or encroachment is specifically
permitted by these land development regulations.
SECTION 4.2
DESIGNATED RIGHT-OF-WAY LINES
Designated right-of-way lines are hereby established for the streets specifically listed. The purpose of
the designated right-of-way lines shall be to reserve sufficient space for the future circulation of
vehicular traffic and to reduce the undesirable and adverse impact of noise, congestion and related
safety hazards associated with the intensified use of land resulting from new growth and development.
All designated street right-of-way lines shall be located and measured from the centerline of the
existing or proposed street right-of-way.
SECTION 4.3 BASE
BUILDING lANE AND DESIGNATED RIGHT-OF-WAY LINE
REQUIREMENTS FOR SPECIFIC STREETS
Base building~ lines a~d designated right-of-way lines shall be as indicated for the streets specifically
listed in Schedule I - Base Building Line and Designated Right-Of-Way Line Requirements for
Specific Streets. All base building line requirements and distances shall be measured from the
centerline of the existing or proposed street fight-of-way unless otherwise provided for by these land
development regulations. Where a base building line requirement diffem with a minimum front yard
requirement of these regulations for a particular use, the base building line requirement shall prevail.
SECTION 4.4
SPECIAL LAKE MONROE BUILDING SETBACKS
Structures that abut U.S. Highway 17 & 92 and/or Seminole Boulevard where those streets are adjacent
to Lake Monroe shall comply with the following require~nents:
The lakeside parcel line shall be that boundary line of any parcel that abuts the southerly right-
of-way line of U.S. Highway 17 & 92 and/or Seminole Boulevard where the north side of such
streets abut Lake Monroe and/or the sea wall adjacent to Lake Monroe. The minimum building
setback from the lakeside parcel line shall be 35 feet. At least 75 percent of the parcel area
located within the minimum lakeside building setback shall be maintained as open space other
than that provided in vehicular circulation and off-street parking area.
The relationship between the maximum building height and the maximum building area for all
parcel area within 100 feet of the lakeside parcel line shall be as follows:
Maximum Building Height
(In Feet)
Maxinmm Building Area
(% of Parcel Area)
Up to 35 25
36 - 50 20
51 65 15
66 - 8O 10
81 - 95 5
96 or more 0
G-8
SECTION 5.0
SECTION 5.1
The Planning and 25
(Ref. Admiifistralion:
loading, unloading an
determinations are m~
A. Cons!~m..ction ~
and/or oomph
1. Preyer
existin
devele
2. Detrac
result
B. The required
accordance w
proposed or w
C. The required 1.
proposed and i
D. 1. There
questk
these r
3. No
buildi~
to
parcel
ION 5.2
Thc Admmistr;ttive
requirements of lhis
UNLOADING /
OFF-STREET
ming C0mmissior
Section 3.9)
t service, area spac~
de:
,f the required off:
lng with the base
t the COntinunus
g and adjacent
::,ed area.
from tlie overall,
n the incompatible
off~streat parking
th theSe land
tlff n a parkinI
~ading, Unloading.
not necessary in
an existing bulk
mid such buildir'
ulations. [n ad(]
parcel id
dred base buildin
aay closer
Al)MINI
ffficiat Shatl, at
zbedule Suhjcc~ to
PARKING AND/OR LOADING,
AREA
DIFICATIONS
by tm applicanL may grant a conditional use
the requirement k}r off-street parking and/or
line compliance providing the following
g, unloading and service area space
the premises would:
a compact and coordinated row of already
on an already established street, block or
adjoining buildings and prcnnises and would
lcs, buildings and pedestrians.
reasonably provided off the premises in
tlations, witlfin the principal building being
the premises.
qspace is excessive in regard to tire specific use
serve thc premises and the occupants ther¢ot:
~ parcel immediately adjacent to the parcel m
,ly with the base building line require~nents of
; building sbal! be locamd within two hundred
;hall ti'oat on the same side of tire street as the
and excessive.
however, be reduced to the extent that any
the designaled street right-of-way line or
the existing building located oo the adjacent
Ii'If?IAi,
!¢u applicant, reduce the base building line
There is an existing building located on each parcel immediately adjacent on both sides of the
pamel in question and neither of which comply with the base building line requirements of this
Schedule. In addition, each of the existing buildings shall be located within one hundred (100)
feet of the parcel in question and shall front on the same side of thc street as the parcel in
question.
No base building line requirement shall, however, be reduced to tbe extent that any building
shall be permitted to encroach upon the designated street right-of-way line or to be located any
closer to the street than the existing principal buildings located on the adjacent parcels.
G-10
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.
4. Define vehicular accessways and access points.
5. Screen vehicular movement, noise and glare.
6. 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 of a
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-1
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 ½) feet above the ground.
Canopy tree. Tall trees that form the uppermost leaflayer in a natural landscape as maybe 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 Districts 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 omamental 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 low-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 shrubs 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 commemial,
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 sheafing 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.
J-3
Residential - All uses in SR-1AA, SR-1A, SR-1, SR-2, MR-I, MR-2, MR-3 Zoning Districts; One-
Family, Two-Family and Multiple-Family Dwellings in RMOI and PD Zoning Districts; One-Family
Dwellings in AG Zoning Districts.
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-1AA, SR-1A, 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 roots 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:
One- and Two-Family Dwellings - At least one (1) tree shall be located in the required fi'ont
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:
Required Internal Landscape Area. The minimum required internal landscaped area for
parking areas shall cover ten percent (10%) of the parking area.
Minimum Required Land Area For Required Landscaped Areas. Each required
landscaped area shall contain a minimum land area of two hundred (200) square feet.
J-4
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 every ten (10) parking spaces, provided
however, that when double (front-to-front) rows of parking spaces are utilized, each
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 Administrative 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.
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.
Two 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 right-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:
J-5
The developer/property owner shall be responsible for providing a minimum twenty-
five (25) foot landscape buffer in the area abutting the designated roadway right-of-
way lines. Landscape buffer width may be reduced to a minimum of fifteen (15) feet
only if the lot is less than two hundred (200) feet deep.
The landscape buffer area shall be planted with two (2) rows of canopy trees, six (6)
inch diameter at breast height (dbh) at planting. The trees shall be 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 the
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.
J-6
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 (10) 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 follows:
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
promises.
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.
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 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:
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.
J-7
2. Hedge. 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.
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.
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/or natural
topographical or other physical character of 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.
J-8
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 fagade 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 faqade.
Required Shrubs. Within the landscaped area there shall be a minimum of one(1) shrub for
every twenty (20) square feet of required landscaped area. A minimum of fifty percent
(50%) 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 three parts: 1) setback, 2) buffer and 3) visual
screen. 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
J-9
the required buffer shall be measured and provided parallel to the parcel line or abutting
street right-of-way in question. No part ora 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 permissible within a required buffer:
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. Required project improvements.
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.
J-10
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 shrubbe~ 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 ora decorative type
and semi-transparent. Fences within the fi'ont 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.
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
districts: SR-1, SR-1A, SR-1AA, 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 ofAdj ustment 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 of reviewing such
variances, the existing characteristics of the subject neighborhood shall be
considered, especially and particularly with regard to the incidence of lawfully
existing chain link fences already established in such neighborhoods.
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 o f all advertising or other signs. Two (2) types of visual screen
shall be defined as follows:
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Type One, Masonry Wall. A Type One visual screen shall mean a continuous, non-
perforated and solid masomy 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 wall 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 every twenty-five (25) feet in each row.
Between rows, the trees shall be staggered so as to be midway between each other, an equal
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 often (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
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
75 50
1
lor 2
Industrial Residential 75 50
100 75
I
1 or2
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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 (10) 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-1 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.
Visual Screen For Proposed Residential Uses Abutting Existing Commercial and/or
Industrial Uses. When thc side and/or rear parcel line of 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 variance in order to modify land use
compatibility requirements as specifically described herein (Article Ill, 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
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adjacent to railroad sidings provided such reduction would not be detrimental to surrounding
areas.
SECTION 3.6
SCREENING OF EQUIPMENT
All nonresidential and multifamily dumpsters, recycling bins, trash/garbage areas, mechanical
equipment located below the roofline, 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.
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 roofline
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 prior 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 follo~vs:
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.
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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 (1) of the following conditions exists:
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 close 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 of a Site Development Permit
to remove, replace and/or relocate a tree(s), the Administrative Official shall have the
authority to require the relocation or replacement of the trees being removed. If tree
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;
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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 bythe 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:
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.
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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 waived 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.
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 prone 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 (Shinus 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 cyclocarpum) (Enterolobium contortisliquum)
Eucalyptus Robusta (Eucalyptus robusta)
Jacaranda (_Jacaranda acutifolia)
Golden Rain tree (Koelreuteria elegans)
Orchid Tree (Bauhinia)
Rosewood (Dalbergia sissoo)
Sand Pine (Pinus clausa)
Silk Oak (.Grevillea robusta)
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SECTION 4.5
SPECIMEN TREES
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.
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
trees.
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 prune, 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
remo. val of severely abused trees to protect public safety and property and corrective
pruning to improve the health and form of affected trees;
If pruning 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).
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Each replacement tree shall be a minimum of three (3) inches measured four and one-
half(4 ½) 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, 8th 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
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.
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, nor
shall such species be considered as a required tree, replacement tree or a required shrub:
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
Rice Paper Plant
Taro or Elephant Ear
Water Hyacinth
Lygodiumspp. (fem)
Cattails
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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. 1 Quality. All required plant materials including, but not limited to, trees and
shrubs shall equal or exceed the standards for Florida No. 1 as established and revised by the
Florida Department o£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 within 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
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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.
The triangular areas are defined as follows:
The areas of 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.
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, from 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
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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 (½) inch in diameter or a chain of
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.
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.
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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 ora structure are not subject to this requirement.
SECTION 7.0 MAINTENANCE OF REQUIRED LANDSCAPE
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 of 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 and 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.
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APPENDIX 1.
LIST OF PLANTS RECOMMENDED FOR SANFORD
Understor¥ Trees
Common Name Botanical Name
Common Name Botanical Name
Redbud
Anise Illicium spp.
Drake/Chinese Elm
Flowering Dogwood
Wax Myrtle
Cercis Canadensis
Ulmus parvifolia
Comus florida
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
Hombearn/Bluebeech
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 mbrum
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
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Ornamental Landscape Trees
Small Trees
Common Name
Botanical Name
Common Name
Botanical Name
Crape myrtle
Wax myrtle
Loblolly bay
Junipers
Bottlebmsh
Redbud
Lagerstroemia x fauriei Rusty pittospomm
Myrica cerifera Podocarpus
Gordonia lasianthus Holly
Junipems Tomlosa & Spartan Leyland Cypress
Callistemon spp. Jerusalem thom
Cercis canadensis
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 Palms
Botanical Name
Common Name Botanical Name
Ulmus alata
Washingtonia robusta
Phoenix canariensis
Chamaerops humillis
Sabal palmetto
Heritage river 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 screens
Common Name Botanical Name
Glossy abelia Abelia spp. 2.00C
Allamanda Cortadenia selloana 4.00C
Pineapple guava Feijoa sellowiana 3.00C
Anise Illicium floridanum 2.50C
Pittospomm Pittospomm tobira 3.00C
Azalea Rhododendron spp. 3.00C
Plumbago Plumbago capensis 2.00C
Banana shrub Michelia fuscata 3.00C
Primrose jasmine Jasiminum mesnyi 3.00C
Boxwood Buxus microphylla 2.00C
Viburnum Viburnum spp. 3.00C
Chinese juniper Junipems chinensis 3.00C
Silverthom Elaeagnus philippensis 3.00C
Podocarpus Podocarpus macrophyllus 2.00C
Holly Ilex spp. 2.0-3.00C
Indian Hawthorne Raphioleps indica 2.50C
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Groundcovers
Common Name Botanical Name
Common Name Botanical 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
Ajuga reptans
Asparagus sprengeri
Carpobrotus edulis
Cuphea hyssopifolia
Dichondra carolinensis
Ernodea 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
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
Aloe spp.
Aspidistra elatior
Locania michauxii
Cryptanthus spp.
Dyckia brevifolia
Ficus pumila
Gardenia j asminoides
Glottiphyllum depressum
Hedera helix
Hemerocallis spp.
Iva imbricata
Juniperus conferta
Lantana montevidensis
Mitchella repens
Ophioipogon japonicus
Rumonra adiantiformis
Setcreasea pallida
Trachelospermum
jasminoides
Wedelia trilobata
Zebrina pendula
Grasses
Bahia
St. Augustine cultivars
Annual Ryegrass
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SCHEDULE L
NONCONFORMING LAND USE PROVISIONS
SECTION 1.0
EXISTING NONCONFORMING STRUCTURES AND USES
SECTION 1.I
STRUCTURES AND/OR USES
Any structure or use which is lawfully existing of the effective date of these land development
regulation or an amendment thereto, and which does not conform with all the provisions of these
land development regulations may remain and be continued subject to the following land
development regulations:
A. Structures:
Shall not be used, enlarged, replaced or altered in any way which increases its
nonconformity except in conformance with this Schedule;
May be restored to a safe condition if declared unsafe, providing that such
restoration does not constitute more than fifty (50) percent of the structure's
appraised fair market value;
If damaged by more than fifty (50) percent of its appraised fair market value shall
not be restored except in conformance with this Schedule.
May have normal repair and maintenance performed upon their structure to permit
continuation of the nonconforming structure may be performed.
B. Uses:
Shall not be expanded beyond the scope and area of its operation on the effective
date of these land development regulations or amendment thereto except in
conformance with these s land development regulation;
2. Shall not be changed to another nonconforming use;
Shall not, if discontinued for a period of six (6) months, be established or re-
established on those premises.
May have normal repair and maintenance performed upon them to permit
continuation of the nonconforming use may be performed.
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SECTION 1.2
USE, ENLARGEMENT, REPLACEMENT, ALTERATION,
EXPANSION AND/OR EXTENSION OF AN EXISTING
NONCONFORMING STRUCTURE AND/OR USE
Any structure and/or use which is lawfully existing on the effective date of these land development
regulations, or an amendment thereto, and which does not conform with Schedules B through K of
these land development regulations, may be used, enlarged, replaced, altered, expanded and/or
extended beyond the scope and area of its operation on the effective date of these land development
regulations, or amendment thereto, subject to the following regulations:
Such use, enlargement, replacement, alteration, expansion and/or extension is approved as a
conditional use under the procedures of these land development regulations.
In addition to complying with all of the procedures of these land development regulations
for conditional use approval, applicants shall provide the Administrative Official with
adequate and sufficient documentation to establish that the specific nonconformIng
structure and/or use in question lawfully existed on the effective date of these land
development regulations, or amendment, thereto, which resulted in such structure and/or
use becoming nonconforming. No application for a conditional use permit involving such a
request shall be accepted by the Administrative Official or considered by the Planning and
Zoning Commission or Board of Adjustment without such documentation of nonconformity
and proof of prior legal existence. Evidence of a valid occupational license shall not in and
of itself, establish a prima facie case for the documentation of actual nonconformity and
proof of prior legal existence.
All applications shall be subject to all appropriate safeguards and conditions necessary to
ensure that any such approval will not be contrary to the public interest, the intent of this
Schedule or injurious to the specific area in which the existing nonconforming structure
and/or use is located.
Under no circumstances shall the provisions of this section be construed to mean that any
existing nonconforming structure and/or use may be changed to another nonconforming use,
or that any provision, requirement and/or regulation contained within this Schedule these
land development regulations can be waived or reduced which can reasonably be complied
with by the applicant. The provisions of this section shall not be construed and/or applied
in such a manner as to permit the use, enlargement, replacement, alteration, expansion
and/or extension of any existing nonconforming structure and/or use without justifiable
reasons based on a legally existing and nonconforming status; that would result in any
undue hardship or injurious activity that would deprive adjacent individual property owners
of their property fights; or that would be detrimental to the area surrounding the
nonconforming premises in general.
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SECTION 1.3
CHANGE OF USE
Authority. The Planning and Zoning Commission shall have the authority to approve a
change fi.om one nonconforming use to another nonconforming use if the proposed use is a
similar or more restrictive nonconforming use.
Standards for Approval. In making a determination that the new use is similar or more
restrictive, the Planning and Zoning Commission shall consider the following:
The number of average peak hour and average daily trips generated by the existing
and proposed uses;
2. The number of parking spaces required by the existing and proposed uses;
3. Whether the existing and proposed uses are permitted as conditional uses;
4. Whether the normal hours of operation are similar;
Whether the proposed use will increase the incidence of smoke, vibration, noise,
toxic matter or fire and explosive hazards;
6. The ability of the proposed use to comply with all applicable performance standards;
Whether the proposed use is compatible with the uses in the surrounding
neighborhood.
Burden of Proof. The applicant shall have the burden of proving that the application meets
the standards of this section
Development Order Required. The Planning and Zoning Commission shall prepare a
development order approving or approving with conditions the application. The
development order shall include specific findings and conclusions for each of the criteria
listed above.
Noticing and Hearing Procedures. Noticing and heating procedures shall be consistent
with Subsection 3.10 B.
Effect of Change in Use. A nonconforming use, if changed to another nonconforming use,
or a conforming use, shall not thereafter be changed back to the original nonconforming
use.
Discontinuance of Use. A nonconforming use shall not, if discontinued for more than a
period of six (6) months, be established or reestablished on the premises.
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SECTION 2.0 SIGNS
SECTION 2.1
LAWFULLY EXISTING SIGNS
Any sign which is lawfully existing on the effective date of these land development regulations and
which does not conform with all the provisions of these land development regulations may remain
subject to the following regulations:
No sign shall be altered, modified or replaced except in conformance with the provisions of
this Schedule. This provision does not, however, apply to the changing of the advertising
shown on the face of the sign.
Any sign which is damaged or has deteriorated by more than fifty (50) percent of its
replacement cost shall not be restored except in conformance with this Schedule.
SECTION 2.2
OTHER SIGNS
The Administrative Official shall, upon inspection and/or being properly notified, give written
notice to the owner of any sign which is altered, modified or constructed after the effective date of
these regulations and which is not in conformance with the provisions of this these land
development regulations or any sign which is not maintained in conformance with this Schedule. If
the owner of the sign does not comply with the provisions of the notice and these regulations within
thirty (30) days from issuance of such notice, the Administrative Official shall refer the matter to
the Code Enforcement Board which shall have a fight of action to compel the sign to be removed
at the cost of the owner and may have judgment in personam, for such cost.
SECTION 3.0
PERMITS
SECTION 3.1
SITE DEVELOPMENT PERMITS
Proposed buildings, for which site development permits have been issued prior to their designation
as nonconforming by amendment of these land development regulations, may be completed and
used as originally intended only if valid "building permits" have been issued for such proposed
buildings prior to the adoption or amendment of these land development regulations and only then
if such proposed buildings are completed, or that substantial progress has been made on the
construction or alteration authorized therein within one (1) year after the date on which such
"building permit" was issued.
SECTION 3.2
BUILDING PERMITS
Proposed buildings for which "building permits" have been issued prior to their designation as
nonconforming by the adoption or amendment to these land development regulations may be
completed and used as originally intended provided they are completed or that substantial progress
has been made on the construction or alteration authorized therein within one (1) year after the date
on which such "building permit" was issued.
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SECTION 4.0
EXISTING UNDEVELOPED NONCONFORMING PARCELS OF
RECORD
SECTION 4.1
PARCELS OF RECORD
The Administrative Official may issue a site development permit and/or certificate of completion
for an undeveloped parcel of record which lawfully existed prior to the effective date of these land
development regulations, or amendment thereto and which is too small to allow conformance with
the area and dimension regulations of this Schedule for lots or tracts subject to the following
provisions:
The undeveloped parcel is a lawfully existing undeveloped parcel of record, is located
within an SR-1AA, SR-1A, SR-1, MR-l, MR-2, MR-3 or RMOI Zoning District provided
that the lot has a minimum lot area of at least five thousand (5,000) square feet, the
minimum lot width at the building line is at least fifty (50) feet and the proposed use is for a
one-family dwelling. In addition, this provision shall not apply to any parcel shown on a
survey which has been filed with and accepted by the Building Official for the purpose of
issuing building permits prior to the effective date of these land development regulations
and provided that the parcels included within such survey have at least ten (10) feet of
parcel frontage on a street and the survey has been prepared by a registered surveyor.
The following minimum yards shall be provided:
Side yards of at least five (5) feet.
Front yards of at least twenty-five (25) feet, unless the parcel is located on a street
for which the base building line and designated right-of-way line requirements has
been established by these regulations land development regulations in which case
the base building line requirements shall be complied with.
Rear yards of at least fifteen (15) feet.
Street side yards of at least fifteen (15) feet.
Under no circumstances shall the provisions of this section be construed so as to make
possible more than the minimum reasonable use of the parcel in question or to increase the
number of residential units permitted on a premises having less than the minimum required
land area.
If a lawfully existing undeveloped parcel of record cannot comply with all of the
requirements of these land development regulations, including the provisions contained in
this section, the Administrative Official shall not issue a site development permit or
certificate of completion until either of the following:
The Board of Adjustment has granted a dimensional variance for parcels zoned for
one~family and two-family uses;
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2. The Planning and Zoning Commission has granted a conditional use for parcels
zoned for multiple-family and/or nonresidential uses for the parcel in question.
SECTION 4.2
ADJOINING PARCELS
When adjoining existing undeveloped nonconforming parcels of record are under the same
ownership, they shall not be used or sold separately except in conformance with the dimension and
area requirements of these land development regulations provided that this limitation shall not
apply to adjoining lots of record located within an SR-IAA, SR-1A, or SR-1 Zoning District and
provided that each individual lot has a minimum lot area of at least five thousand (5,000) square
feet and a minimum lot width at the building line of at least fifty (50) feet. In addition, this
provision shall not apply to any parcel shown on a survey which has been filed with and accepted
by the City of Sanford Building Official for the purpose of issuing building permits prior to the
effective date of these land development and provided that the parcels included within such survey
have at least ten (I0) feet of parcel fi'ontage on a street and the survey has been prepared by a
registered surveyor.
SECTION 5.0
DIMENSIONAL VARIANCES AND CONDITIONAL USES
SECTION 5.1
PROOFOFNONCONFORMINGSTATUS
All applications involving an undeveloped nonconforming parcel of record shall provide the
Administrative Official with adequate and sufficient documentation to establish that the specific
nonconforming parcel in question was a lot or tract of record on the effective date of these land
development regulations, or amendment thereto, which resulted in such parcel becoming
nonconforming. No application shall be accepted by the Administrative Official without such
documentation of nonconformity and proof of prior legal existence.
SECTION 5.2
JUSTIFICATION
The provisions of this section shall not be construed and/or applied in such a manner so as to permit
the use of any existing undeveloped nonconforming parcels of record without justifiable reasons
based on a legally existing and nonconforming status; or that would result in any undue hardship or
injurious activity that would deprive adjacent individual property owners of their property fights; or,
that would be detrimental to the area surrounding the nonconforming parcel in general.
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SCHEDULE M
ENVIRONMENTALLY SENSITIVE LANDS
SECTION 1.0
PURPOSE AND INTENT
The purpose and intent of these land development regulations is to protect and conserve the
beneficial functions of environmentally sensitive lands in a manner that implements applicable
goals, objectives, policies and standards in the City of Sanford Comprehensive Plan, especially as
set forth in the Future Land Use Plan and the Conservation Plan elements.
For the purpose of these land development regulations, the protection of beneficial functions of
environmentally sensitive lands shall include, but not be limited to, the following:
A. Maintaining water and storage capacity of watersheds.
B. Maintaining recharge capacity of groundwater aquifers.
Preserving fish and other wildlife habitat, unique vegetation and sites needed for education,
scientific research and recreation.
D. Protecting aesthetic and property values.
E. Preventing and minimizing erosion.
F. Minimizing flood losses.
G. Preventing pollution.
SECTION 2.0
APPLICABILITY
These land development regulations shall apply to any use or alteration of a parcel which contains
environmentally sensitive lands within the corporate limits of the City. Environmentally sensitive
lands include, but are not limited to, wetlands, soils with limited potential for certain manmade
activities, flood-prone areas and areas with effective groundwater aquifer recharge characteristics.
Wetlands. Wetlands are land and/or water areas where the water table is at, near, or above
the land surface for a significant part of most years. Wetlands shall include, but are not
limited to, areas identified by the St. Johns River Water Management District's Land Use &
Vegetation Inventory as:
I. Cypress
2. Hardwood Swamp
3. Bayhead
4. Hydric Hammock
5. Shrub Swamp
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6. Shrub Bog
7. Transitional Shrub
8. Lakeshore Emergents
9. Water Lilies
10. Deep Marsh
11. Shallow Marsh
12. Wet Prairie
13. Free Floating
A copy of the Land Use & Vegetation Inventory Map Series that include, but are not limited
to, areas located within the City of Sanford as prepared by the St. Johns River Water
Management District shall be on file and available for public inspection at the Office of the
Administrative Official.
Soils. Environmentally sensitive lands include, but are not limited to, areas classified with
the following soil types because such areas evidence significant limitations for the purpose
of constructing local roads, streets, low commercial buildings and/or dwellings without'
basements:
MAP ~qY1VfFIOI.
soil. TYPE
10
11
12
13
15
17
19
21
25
28
33
Basinger, Samsula, and Hontoon soils, Depressional
Basinger and Smyrna Fine Sand, Depressional
Canova and Terra Ceia Mucks
EauGallie Fine Sand, Depressional
Felda Mucky Fine Sand, Depressional
Samsula Muck
Manatee, Floridana, and Holopaw Soils, Frequently
Flooded
Nittaw Mucky Fine Sand, Depressional
Pineda Fine Sand
Pompano Fine Sand, Occasionally Flooded
Terra Ceia Muck, Frequently Flooded
A copy of the Rnil Survey of ~qeminc~le Cnnnty; Flnfida and any supplements thereof
depicting the location and extent of the above soil types in the City of Sanford as prepared
by the United States Department of Agriculture, Soil Conservation Service shall be on file
and available for public inspection at the Office of the Administrative Official.
Flood-Prone Areas. Flood-prone areas include areas located in Floodways and Zone "A"
of the Flood Insurance Rate Map prepared by the Federal Emergency Management Agency
applicable to areas located in the City of Sanford. In addition to regulation of flood-prone
areas contained in this Schedule, see Article V, Flood Protection Land Development
Regulations, of the Sanford City Code for land development regulations applicable to
construction in flood hazard areas.
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Groundwater Aquifer Recharge Areas. Effective groundwater aquifer recharge areas
shall include, but arc not limited to, those areas identified as "Most Effective" and
"Moderately Effective" by thc Florida Department of Natural Resources. Such information
shall be delineated on thc Water Resource Map, 1"=1,000', compiled by and available for
public inspection at the Office of the Administrative Official.
SECTION 3.0
WETLANDS AND SOIL LIMITATION SUBMITTAL
REQUIREMENTS
When a lot or tract contains wetlands and/or soil types identified in Section 2.0, above, applications
for rezoning, conditional use approval, proposed site plan, preliminary subdivision plan, planned
development project approval and/or site development permits not proceeded by the
aforementioned approval requests shall include the following submittals provided at the cost of the
applicant:
Co
Environmental Evaluation. Any development application that contains land meeting the
definition of wetland as defined in Rule 9J-5.003 (142), Florida Administrative Code, shall
include, at a minimum, an environmental survey prepared by a professional biologist which
identifies the types, values, functions, size, conditions and specific locations of the wetlands
on the site. The extent of the wetlands transition area shall be included in the survey and
shall be determined by field investigation.
Any development that contains land meeting the definition of a wetland as defined in Rule
9J-5.003 (142), Florida Administrative Code, shall also conduct a wetland delineation. A
delineation of the upland/wetland boundary shall be established based upon an on-site field
survey prepared by a professional biologist or registered engineer provided by the applicant
and coordinated with the St. John's River Water Management District, the Department of
Environmental Protection, and/or the US Corps of Engineers. Furthermore, the boundary of
the wetland transition area, defined as the area separating wetland and upland areas, shall be
established by field investigation.
Soil Survey. Prepared and sealed by a qualified geotechnical engineer. Such a survey shall
determine the general feasibility of and/or methods to develop building sites or otherwise
conduct the proposed or permitted use of the premises.
Engineering Analysis and Design. Prepared by a professional engineer to determine,
based on soil and environmental information, general location of potential building site(s),
drainage concept and general statement that explains development feasibility and potential
impact of potential development upon wetlands. Natural drainage flow and characteristics
shall be identified. Hydrologic records of the area shall be provided. Design shall include
the location and design of water retention/detention facilities, the extent of dredging and
filling activity and the amount and extent of demucking necessary to achieve proposed
development potential.
Form of Required Submittals. The above-described environmentally sensitive lands
submittal requirements shall be provided in report, chart, scaled drawing and other
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appropriate form acceptable to the Administrative Official and as otherwise required by this
Schedule. Acreage and percentage of parcel area calculations shall be provided for the
parcel and portions of the parcel with an identification or classification related to
information required in Paragraphs A, B and C, above. Quantitative and qualitative data
shall demonstrate compliance with design and performance criteria set forth in Section 3.1,
below.
SECTION 3.1
WETLAND DESIGN AND PERFORMANCE CRITERIA
Uses and activities in wetlands shall comply with the following design and performance criteria:
At
Retain Natural Drainage Characteristics. Natural surface water patterns shall be
maintained. Proposed drainage conditions shall approximate existing drainage conditions.
The velocity of water flowing through wetlands shall remain approximately the same before
and after development.
Minimize Alteration or Modification. No land use or development shall be permitted that
would result in the elimination of any beneficial function of a wetland. If permitted, any
alteration or modification of wetlands shall be the minimum necessary to conduct the use or
activity.
Stormwater. The use of cypress, hardwood swamp, bayhead, and hydric hammock
wetlands for water retention shall be permitted when utilized to decompose dissolved
organics and when such wetlands are not connected to surface waters. Stormwater
detention basins shall screen, filter, trap and/or otherwise prevent sediment and debris and
minimize the amount of chemicals entering wetlands. Channelization of water to or through
a wetland shall not be permitted.
Ground Floor Elevation. When structures intended for human habitation are proposed to
be located in wetlands that are not regulated by the provisions of Article V, Flood
Protection Land Development Regulations, of the Sanford City Code, the Administrative
Official shall be authorized to establish and require a minimum ground floor elevation
sufficient to prevent future flood damage of buildings on the parcel in question based on the
best available information.
Wetland Buffer. A wetland buffer of twenty-five (25) feet in width shall be provided
adjacent to wetlands that are five (5) acres or less; a wetland buffer of fifty (50) feet in width
shall be provided adjacent to wetlands that are greater than five (5) acres. The area of
wetlands in question shall include all contiguous wetlands located on the site and adjacent
to the site. The width of the wetland buffer shall be measured and provided parallel to the
edge of the wetland in question. The required wetland buffer shall, unless otherwise
provided for in this Schedule, be planted and maintained in landscaping materials including
ground cover, shrubs, hedges or trees.
The following uses are permissible within a wetland buffer:
1. Required project improvements;
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2. Permitted public service structures;
3. Walkways with pervious surfaces;
4. Required landscaped areas.
The following uses are prohibited within a wetland buffer:
1. Vehicular use areas, off-street parking and/or loading and service areas;
2. Buildings.
In addition, all off-street parking spaces located adjacent to a wetland 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.
Wetland Transition Area. The purpose of the wetlands transition area is to ensure the
continuing function of respective wetland communities. The wetlands transition area is
defined as the area separating wetland and upland areas in which development activities
shall be regulated to protect wetlands. The wetlands transition zone is an area having direct
ground water or surface water influence and provides a buffer between wetlands and
development or other land alteration activities.
The following activities are prohibited in the wetland transition area:
1. Any development that the Administrative Official finds will have an adverse impact on
the function of wetlands communities, ground water or surface water located therein.
2. All industrial uses;
3. Sanitary landfills;
4. Wastewater treatment facilities;
5. Incinerators;
6. Animal feedlots;
7. Petroleum or pesticide storage facilities;
8. Above-ground or below-ground pipes for pollutants or contaminants;
9. Any land use that stores, handles, or generates hazardous material or waste.
Wetlands Development Restrictions. No active development shall be permitted in a
wetland as delineated on the future land use map by the Resource Protection designation
except the following:
2.
3.
4.
5.
6.
7.
8.
Passive recreation;
Open space;
Restricted Accessway;
Bird sanctuary;
Natural stormwater retention/detention;
Natural preserve;
Land uses similar to those listed above and approved by the City;
Mitigation as approved by the St. John's Water Management District.
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Dedication of Conservation Easements or Reservations. In the enforcement of
performance criteria designed to protect and preserve wetlands, wetland transition areas and
water management areas and in order to protect the value and function of a wetland or to
further the objective ofa stormwater management plan, the City may require the dedication
of conservation easements or reservations.
Regulatory Authority. Notwithstanding the provisions of this Section, the St. Johns Water
Management District shall have regulatory authority over wetland areas and the use of
compensatory storage and mitigation consistent with the provisions State Law.
Public Necessity. In the event of a public necessity or to prevent a taking of all beneficial
and economically viable uses of property, the City may enter into a development agreement.
The City Commission may approve a development order providing for otherwise
prohibited uses within wetlands if all regulatory permits have been issued for said use.
SECTION 3.2
FLOOD-PRONE AREA DESIGN AND PERFORMANCE CRITERIA
Uses and activities in flood-prone areas shall comply with the following design and performance
criteria:
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Retention-Detention Facilities. Retention-detention ponds proposed to be located in
flood-prone areas shall:
Ten-year Flood Plain. Be located above the 10-year flood elevation. No alteration
shall be allowed within the 10-year flood line.
Soil Suitability. Be located in soils that are suitable for retention-detention ponds.
Soils which have been identified by the Soil Conservation Service as having a very
low potential for septic tank absorption fields shall be considered as unsuitable for
retention-detention ponds.
Floodway Hazard. Not create a negative impact on existing flooding conditions.
Construction of the retention-detention pond shall not constitute a net reduction in
flood plain storage or limit the flow capacity of the floodway.
Open Space and Recreational Uses. Flood prone areas may be used for open space and
recreational uses. Recreation-oriented structural improvements shall not impair the flood
flow or flood storage capacity nor shall such structures contribute to the debris which may
become swept up by flood waters. Open space and recreational uses include the following:
2.
3.
4.
5.
Hiking and nature trails
Gazebos, picnic tables and resting benches
Boardwalks and observation decks
Open play areas
Canoe launches
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Traversing Works. Traversing works in flood prone areas shall not create a net reduction
in either flood flow or flood storage capabilities immediately upstream or downstream of
the structure.
Compensating Storage. Reshaping and filling within flood-prone areas shall be balanced
by providing an equal volume of compensating storage. Such compensation shall be
located between the ordinary high water elevation and the 100~year elevation. Fill shall not
be placed below the 10-year flood elevation and in no case shall fill in the flood plain
extend beyond 100 feet of the original floodline. Reshaping the flood plain shall not create
a rise in flood elevation, reduce flood storage capabilities, increase flood flow velocities, or
reduce flood flow capacity.
Parking Spaces and Vehicular Circulation Areas. Required parking spaces and
vehicular circulation areas located within flood prone areas shall not cause a net decrease in
flood storage or a change in flood flow capacity. Flood fl'ce emergency access must be
maintained. Required parking spaces shall not be located within the 10-year flood
elevation.
Utilities. Utilities shall be located outside of flood prone areas wherever feasible. When it
is not feasible to avoid placing utilities within a flood plain, such utilities shall comply with
the following provisions.
1. Materials. Material and equipment shall be resistant to flood damage.
Construction Methods. Construction methods and practices shall minimize flood
damage.
Potable Water Supply. Potable water supply systems shall be designed and
constructed to prevent damage by flood waters.
Sanitary Sewage System. Septic tanks and other sanitary sewage systems are
prohibited.
Special Requirements for the 100-Year Floodplain. The following floodplain protection
measures are established to protect and preserve the value and function of the 100-year
floodplain fi.om encroachment by development.
Prohibited Development. No development shall occur in the 100-year floodway.
Compensating Storage. Flood control measures for new development shall
minimize fill within the 100-year floodplain. Where no alternative to fill within the
100-year floodplain exists, compensatory storage for such fill shall be provided
through excavation of a volume of uplands equivalent to the loss of storage ~within
the 100-year floodplain caused by the placement of fill.
Clustering of Structures. Structures shall be clustered on the non-floodplain
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portions of the site, or where the entire site lies in the floodplain, they shall also be
elevated on pilings. Densities and/or intensities of land uses shall be reduced in
floodplains based on design and conservation measures required to protect the
biological and physical functions of the floodplain. The density/intensity shall be
regulated on a case by case basis after field investigation and analysis of specific
issues confronting respective sites.
Sanitary Sewer Facilities. Septic tanks and other on-site sewer facilities are
prohibited in the 100-year floodplain.
Hazardous Materials and Waste. No hazardous materials or waste shall be stored
within the lO0-year floodplain.
Dredge and Fill. In order to protect the physical and biological functions of
floodplains, dredge and fill practices and the clearing of natural vegetation shall be
minimized in order to maintain the natural topography and hydrological functions of
floodplains.
"Grandfathering" Development. For sites (legal parcels of record on or before
the date of the Comprehensive Plan adoption) which do not contain sufficient
uplands to permit development, fill and clearing of natural vegetation shall be
allowed only in conjunction with a minimal accessway and a minimum amount of
fill beneath one residential structure, provided the direction and rate of historical
surface water flows are no altered. Subsequent to plan adoption, lots or parcels
may not be created without sufficient uplands.
FEMA/LOM1L Whenever fill is placed within a Special Flood Hazard Area
(SFHA) as defined by the Federal Emergency Management Agency (FEMA) and
shown on the Flood Insurance Rate Maps (FIRM) in order to raise a building site
out of the SFHA, a 'Letter of Map Revision based on Fill' shall be submitted to
FEMA for review and approval. It shall be the responsibility of the property owner
who is placing the fill on the property to submit the information required by FEMA
for the 'Letter of Map Revision based on Fill'. A 'Letter of Map Amendment' shall
be submitted by the owner of property and approved by FEMA to remove a
structure or property from the SFHA.
Other. All proposed uses and activities to be located in flood prone areas that are not
otherwise indicated in these land development regulations or in Article V, Flood Protection
Land Development Regulations, Sanford City Code, shall be subject to review and
recommendation by the Administrative Official on an individual basis.
Exemption Adjacent to Lake Monroe. Because the Lake Monroe shoreline and adjacent
lands are in a highly altered state fi'om the natural conditions, the Administrative Official
shall have the authority to exempt flood prone areas adjacent to Lake Monroe from
provisions contained in Subsections 3.2 A through E, above.
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SECTION 3.3
WILDLIFE HABITAT PRESERVATION AND PROTECTION OF
UPLAND VEGETATIVE COMMUNITIES AND ENDANGERED OR
THREATENED FLORA AND FAUNA.
Upland vegetative communities and wildlife habitats (particularly those identified as primary
habitat for endangered or threatened species) for which the City or State agency deems
environmentally significant shall be protected from adverse impacts associated with development.
Upland areas identified in Table 1-9 of the Future Land Use Element of the Comprehensive Plan as
essential breeding, feeding or habitat sites for endangered or threatened flora or fauna creatures
shall be protected pursuant to the following land development regulations:
Regulation of Sites With Endangered or Threatened Species. Applicants for
development within any areas identified as refuge, breeding, feeding, or habitat areas of
endangered or threatened species shall prepare a habitat management plan which shall, as a
minimum, include the following:
Critical Habitat Management Plan Required. An applicant of a site plan,
subdivision, plat, replat, or PD Master Plan, where the proposed development is
located in Upland areas as identified in Map 1-9 of the City of Sanford
Comprehensive Plan shall provide, at the applicant's cost, a "Critical Habitat
Management Plan" prepared by a professional biologist, ecologist, or other related
professional. The plan shall ensure the protection of endangered and threatened
flora and fauna as determined by the State and the City. As a minimum standard
this plan shall analyze the following issues:
Identify the occurrences ofdesiguated species by a qualified ecologist;
Land needs to support continued on-site presence of the species;
Impacts of proposed development which will disturb the species;
Recommended management plans and measures necessary to protect the
subject species;
Cost to Developer to implement the recommended management plan.
Criteria for Reviewing Critical Habitat Plan. Development activities which have
an adverse effect upon a designated species shall require mitigation or shall not be
permitted. Viable (i.e., capable of living) habitat for designated species occurring
on a site are identified on the management plans as preservation areas. All
development activities shall be prohibited within these preservation areas with the
exception of recreational and educational uses.
The adequacy of the study shall be made by the City. The final development plan
shall conform to recommendations determined within the study as approved by the
Planning and Zoning Commission. The City may have a State agency review the
Critical Habitat Management Plan and provide a written response.
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Incentives for Reservation of Conservation Easements. The applicant and the
City may negotiate a development agreement which ensures the preservation of
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habitats through the granting of conservation easements.
SECTION 3.4
PROTECTING ENVIRONMENTALLY SENSITIVE LANDS
DURING CONSTRUCTION
When construction is proposed on or adjacent to environmentally sensitive lands, clearly identified
and documented methods and techniques to protect such environmentally sensitive lands shall be
submitted to and approved by the Administrative Official as a condition of issuance of a Site
Development Permit. Such methods and techniques shall include, but not be limited to, storage and
removal of materials, equipment and debris; erosion control measures; measures to insure
revegetation and/or stabilization of disturbed areas; measures to protect existing natural vegetation
and habitat and methods to prevent pollution o f wetlands and groundwater.
SECTION 3.5
SOIL EROSION, SEDIMENTATION CONTROL, AND
SHORELINE PROTECTION
Applicability. In order to prevent both soil erosion and sedimentation, a soil erosion and
sedimentation control plan shall be required as a part of an application for site plan review
whenever a development will involve any cleating, grading, or other form of land
disturbance by the movement of earth, provided that any one of the following descriptions
applies to said movement.
Excavation, fill, or any combination thereof will exceed five hundred (500) cubic
yards.
Fill will exceed three (3) feet in vertical depth at its deepest point as measured from
the natural ground surface.
Excavation will exceed four (4) feet in vertical depth at its deepest point as
measured from the natural ground surface.
Excavation, fill or any combination thereof will exceed an area of one thousand
(1,000) square feet.
Plant and/or tree cover is to be removed from an area exceeding one thousand
(1,000) square feet on any parcel of land.
Whenever excavation or fill is proposed within one hundred feet of a stream, stream
channel, or body of water, a soil erosion and sedimentation control plan shall be
provided.
Because of the existing seawall along the entire length of Lake Monroe within the
City, lands adjacent to Lake Monroe shall be exempt from these provisions.
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Definitions. For the purposes of this Section the following definitions are provided:
Soil erosion shall mean any removal and/or loss of soil by the action of water,
gravity, or wind. Erosion includes both the detachment and transport of soil
particles.
Sedimentation shall mean the settling out of the soil particles which are transported
by water or wind. Sedimentation occurs when the velocity of water or wind in
which soil particles are suspended is slowed to a sufficient degree and for a suffi-
cient period of time to allow the particles to settle out of suspension or when the
degree of slope is lessened to achieve the same result.
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Erodible slope shall mean all slopes with inclines in excess of four (4) percent
unless modified by the Administrative Official based on consideration of specific
soil conditions.
Large flat surface area (unpaved) shall mean an area which is flat or whose slope
is less than four (4) percent and which consists of more than one thousand (1,000)
square feet of exposed soil.
Erosion Control Measures. All measures necessary to minimize soil erosion and to
control sedimentation in the disturbed land area shall be implemented. The following
protection shall be provided for all disturbed areas: minimize velocities of water nmoff,
maximize protection of disturbed areas fi.om stormwater nmoff, and retain sedimentation
within the development site as early as possible following disturbances. A list of major
problem areas for erosion and sedimentation control follows. For each one, the purpose(s)
of requiring control is described. Soil erosion and sedimentation control measures for all
such areas shall be provided with a view toward achieving the specific purpose listed below
for which a control plan is required.
Erodible slopes. Prevent detachment and transportation of soil particles from
slope.
Streams, streambeds, streambanks, bodies of water, lake shorelines. Prevent
detachment and transportation of soil particles.
Drainageways. Prevent detachment and transportation of soil particles (which
would otherwise deposit in streams, bodies of water, or wetlands); promote deposit
or sediment loads (traversing these areas) before these reach bodies of water.
Land adjacent to streams, ponds, lakes, and wetlands. Prevent detachment and
transportation of soil particles. The applicant shall not adversely impact aquatic
vegetation within the sensitive transition zone separating wetlands and uplands. No
such vegetation shall be disturbed without approval of the Administrative Official.
Any such approval shall be based on a demonstrated necessity which promotes the
overall public health, safety and welfare. Furthermore, any such disturbance of
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aquatic vegetation shall be compensated by revegetation based on a plan approved
by the City as provided herein. The applicant shall coordinate plans for
development along Lake Monroe with appropriate state and/or federal agencies.
Where deemed appropriate by the City, the site plan shall include the planting of
native indigenous aquatic plant vegetation to promote stability of the shoreline.
Enclosed drainage structure. Prevent sedimentation in structure, erosion at outfall
of system, and deposit of sediment loads within system or beyond it.
Large flat surface areas (unpaved). Prevent detachment of soil particles and their
off-site transportation.
Impervious surfaces. Prevent the detachment and transportation of soil (in
response to an increase in the rate and/or volume of mnoffof the site or its concen-
tration caused by impervious surfaces).
Borrow and stockpile areas. Divert runoff from face of slopes which are exposed
in the excavation process; convey runoff in stabilized channels to stable disposal
points; leave borrow areas and stockpiles in stable condition and plant native ground
cover to assist such stabilization.
9. Adjacent properties. Prevent their erosion and/or being deposited with sediment.
Applicability. Appropriate measures shall be taken during land cleating and building
operations to assure that exposed, destabilized or otherwise altered soil is expeditiously
covered with an acceptable erosion control material. This provision shall be applicable to
the act of subdividing and installation of related improvements as well as during the
development review process including the period during which improvements may occur as
well as the length of time soil may be exposed to the environment.
Schedule J, Landscape, Buffer and Tree Requirements, shall be applicable to all clearing
and grading activities and shall include specifications for management principles guiding
the removal or placement of vegetation and landscaping design. All development activities
must be implemented in conjunction with precautionary measures, where necessary, to avert
destruction or damage to native vegetation.
SECTION 3.6
LAKESHORE PROTECTION
Shoreline Protection and Lakefront Littoral Zone Established. To protect lakcfi.onts
fi.om the encroachment of development, a shoreline protection zone shall be delineated at a
point where no emergent aquatic vegetation can grow landward to a point established fifty
feet landward of the water's edge.
As an alternative to the 100 Year Water Mark, an applicant may, at the cost of the
applicant, obtain a determination of the lakeshore boundary through a field study conducted
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by a professional biologist with the development application. Such documentation shall
include a study of the vegetation and soils within seventy-five feet landward of the 1 O0 Year
Water Mark.
In addition, a shoreline protection and lakefi'ont littoral zone shall be established as part of
any proposed new surface water management plan which includes lakes and wet detention
areas greater than or equal to .05 acres in size, based upon a ten (10) year storm event. Such
zone shall begin at the waters edge which shall be projected in the surface water
management plan and shall extend landward fifty (50) feet. The width of the protection
zone may be reduced to a minimum of twenty-five (25) feet if approved by the Planning and
Zoning Commission. However, the average width shall be maintained at fifty (50) feet.
Land Use Restrictions Within Lakeshore Protection Zone. Only passive recreation
activities, as defined herein, shall be permitted within thc shoreline protection zone. No
other construction activity shall encroach into the lakcshore protection zone.
Shoreline Protection Plan. Development occurring adjacent to lake shoreline or wetland
areas shall prepare a design and management plan as part of the required site plan prior to
the construction of any on-site storm water management system. This plan shall include, at
a minimum, the following:
Plan for Vegetative Cover. A narrative and graphic presentation demonstrating
that native vegetation shall be preserved as mandated by the tree and native
vegetation protection policies of the Comprehensive Plan. Only native vegetation
shall be planted and maintained within the shoreline and lakefront littoral zone. The
plan for vegetative cover shall specify how vegetation is to be established within
this zone, including the extent, method, type and timing of any planting to be
provided.
Plan for Shoreline and Lakefront Littoral Zone Management. A shoreline
management plan that describes procedures to ensure minimal impacts to water
quality and shoreline erosion. Where deemed necessary, silt screening shall be
implemented to retain effluvial sediments carried by runoff stormwater or wave
action. The plan shall comply with the erosion and sedimentation performance
standards of this Article. The plan shall also include:
Cross Sections of Surface Water Management Systems. Include typical
cross sections of the surface water management system showing the average
water elevation and the -3 foot contour (i.e., below average elevation) or a
75 foot distance from the water's edge, whichever is greater.
Lakefront Littoral Zone Management Strategies. Provide a description
of any management procedure to be followed in order to ensure the
continued viability and health of the lakefront littoral zone. The lakefront
littoral zone as established should consist entirely of native vegetation and
should be maintained permanently as part of the water management system.
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As a minimum, 10 square feet of vegetated lakefi-ont littoral zone per linear
surface water management system. Development within the lakefi'ont
littoral zone shall be limited to water-dependent structures defined within
the land development regulations.
Plan for Protecting Class III Waters. All lakes within or adjacent to the City are
Class III waters. Plans for lakeshore protection shall include, at a minimum, the
following protective measures:
a. Dredging activities shall be limited to FDEP approved dredging.
Ensure good water quality by coordinating with the FDEP and the St.
Johns River Water Management District in monitoring the quality of
stormwater run-off and all discharge.
Limit the use of Class III waters to water dependent activities that are
not contrary to the public interest and satisfy a commtmity need.
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Required Wetland Buffer Zones. The lakefi'ont protection plan shall comply with
performance criteria applicable to wetland buffer zones within Schedule M,
Environmentally Sensitive Lands.
Exemptions to the Lakefront Protection Land development regulations. The following
activities shall be exempt from the lakefi-ont protection land development regulations.
1. Scenic, historic, wildlife, or scientific preserves.
2. Minor maintenance or emergency repair to existing structures or improved areas.
Clearing of shoreline vegetation waterward of the water's edge so as to provide a
corridor not to exceed fifteen (15) feet in width, of sufficient length from shore to
allow access for a boat or swimmer to reach open water, and landward of the water's
edge so as to provide an open area not to exceed twenty-five (25) feet in width. One
additional such corridor may be cleared for every full one hundred (100) feet of
frontage along the water's edge above and beyond the first one hundred (100) feet.
Cleating of shoreline vegetation to create walking trails having no structural
components, not to exceed four (4) feet in width.
Timber catwalks, docks, and trail bridges that are less than four (4) feet wide,
provided that no filling, flooding, dredging, draining, ditching, tiling or excavating
is done, except limited filling and excavating necessary for the installation of
pilings.
Commercial or recreational fishing, hunting or trapping, and creation and
maintenance of temporary blinds.
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Constructing fences where no fill activity is required and where navigational access
will no be impaired by construction of the fence.
SECTION 3.7
AGRICULTURAL ACTIVITY ADJACENT TO WATERWAYS
PROHIBITED
It is unlawful to conduct agricultural activities adjacent to existing waterways and surface
water management activities as such activities are contrary to the public health, safety and
welfare. All agricultural activities shall comply with all applicable policies of the St. Johns
River Water Management District such as these listed below:
Unless expressly exempt by Statute or role, a surface water management permit
must be obtained fi.om the SJRWMD prior to the construction, alteration, operation,
maintenance, removal or abandonment of any dam, impoundment, reservoir,
appurtenant work or works and for the maintenance and operation of existing
agricultural surface water management systems or the construction of new
agricultural surface water management systems.
To prevent adverse impacts to the quality of the receiving water body, the discharge
cannot cause or contribute to a violation of state water quality standards, must not
exceed 20 rog/1 BOD or TSS (domestic waste limits formerly applied to industrial
waste under the delegated FDEP program), and must comply with pollutant
limitations established pursuant to a SWIM plan.
Water quality practices include reduction of discharge volume by improved water
table control and on-site recycling, implementation of a comprehensive conservation
plan (a document which describes a system of management practices to control and
reduce soil erosion and sediment loss, and improve the quality of discharged water
for a specific parcel of property) including nuthent and pesticide management plans,
and installation of a treatment system using wet detention reservoirs or other
equivalent alternatives.
Agricultural surface water management systems may incorporate overland flow,
vegetative filters and detention in isolated wetlands as water quality practices.
Existing canals and conveyance systems may be incorporated into a wet detention
treatment system, when appropriate. The applicant must provide reasonable
assurance to the Administrative Official through plans, test results or other
information that the practice will provide an adequate level of treatment to meet
performance standards.
Bo
It is unlawful for agricultural activities to expand into wetland areas or into wetland buffers
as required in this Schedule.
C. Maintain natural drainage patterns;
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Promote the use of surface water supplies for irrigation purposes;
Use best management principles and practices in order to reduce pesticide and fertilizer mn-
off, prevent soil erosion, and preserve water quality.
This section shall not be construed to violate any provision of State law providing for the
right to engage in agricultural activities or to constitute a taking of property.
SECTION 4.0
DOCK AND PIER CONSTRUCTION REGULATIONS
SECTION 4.1 INTENT
The intent of this Section is to provide waterfront property owners with reasonable boat ingress and
egress to the waterbodies and waterways of Sanford, to protect the environmental integrity and
function of the waterbodies and waterways of Sanford, and to assure that the siting and construction
of docking facilities will not pre-empt other public interests and uses of the waterbodies and
waterways of Sanford.
For the purpose of these land development regulations, the term docking facilities shall mean any
fixed or floating structure providing access on or over submerged lands (all those lands lying
waterward of the mean high water) and the area occupied or caused to be occupied by that dock,
including its mooring pilings. A mooring piling may include a stake, post, pillar, pilings used for
the purpose of berthing buoyant vessels either temporarily or indefinitely or for a finite period,
whether or not used in conjunction with a dock.
SECTION 4.2
GENERAL PROVISIONS
Development Plan Review shall be required for docks and piers. The following general provisions
shall be met prior to the issuance of any permits, that is site plan approval or permit approval, for
docking facilities:
No docking facility may occupy or cause to occupy more than twenty-five (25) percent of
any waterway width as measured at the location of the docking facility, excluding forested
wetland and/or cypress areas. The waterway width with respect to any dock to which the
measure applies, shall be the straight line distance from the point at which the centerline of
the dock or pier intersects the mean high water line measured to the nearest point on the
mean high water line of the opposite shore of the waterway. If forested mangrove or
cypress areas exist on either of both shorelines waterward of the MHWL, then the distance
shall be measured fi.om the most water ward edge of those mangroves or cypress.
B. No docking facility may be located in such a manner as to impede normal navigation.
The location of mooring areas over productive submerged grass beds shall be avoided when
it is determined that such a location will destroy such marshes and grass beds.
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Access to docking facilities through any shoreline protection zone area including cypress
and or wetland communities shall comply with the applicable provisions which protect
these resources set forth in the Sanford Comprehensive Plan.
When state and/or federal permits are required for the construction of a docking facility
such permits must be obtained prior to the issuance of a development order by the City.
These agencies may include, but are not limited, to the Department of Environmental
Protection and/or the Army Corp of Engineers.
Docking facilities must be located in such a manner as to avoid the need for dredging
activities in productive grass beds, maintenance dredging of previously approved dredged
areas and silted areas caused by upland runoff shall be excluded from this requirement.
No docking facility shall occupy or cause to occupy any required setback areas.
The maximum length of a docking facility shall include those areas of the facility that
occupy or cause to occupy the affected water surface.
The minimum water depth at any dock mooring area shall be two (2) feet above mean low
water (MLW).
The maximum length of any docking facility may be extended to provide a safe navigable
depth of four (4) feet above mean low water (MLW) at the mooring area, provided that the
extension is not in conflict with other applicable provisions of this Section.
The construction of roofed structures, other than boat shelters on or over any docking
facility or navigable waterways is prohibited.
Docking facilities are recognized as accessory uses to a primary use of the adjacent upland
property. As such, no docking facility shall be constructed prior to the establishment of a
primary use, except for single docking facilities on single family zoned lots when allowed
by the zoning. In the case of such exceptions no "live-aboards" shall be permitted.
When the location of any riparian line is in dispute or doubt a riparian line survey prepared
by a licensed land surveyor at the cost to the applicant may be required by the City.
Applicants must comply with all applicable State and Federal land development
regulations particularly those that apply the Aquatic Preserves.
The installation, repair or replacement ofriprap may be authorized provided that:
If the riprap is subject to the permitting requirements of Chapter 161, Florida
Statutes, it has been authorized pursuant to Chapter 161, Florida Statutes;
2. Clean rock material free of metal products, organic materials, and unsightly debris is
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used;
The toe of the riprap is located at or within 10 feet of the mean or ordinary high
water line;
4. The slope is not greater than 2 horizontal: 1 vertical;
5. The length does not exceed 150 linear feet;
6. It does not damage or destroy wetland vegetation on sovereign lands;
The activity is necessary to prevent erosion or is required as part of an authorization
granted by another agency.
Docks shall be constructed in a manner that will withstand a 100 M.P.H. wind load. Top of
docks shall be one (1) foot above the ordinary high water level and the dock shall start at no
less than the ordinary high water level.
SECTION 4.3
NON-COMMERCIAL SINGLE DOCKING FACILITY STANDARDS
The following standards shall be met prior to the issuance of any development orders for any non-
commercial single family or single establishment docking facility by the City.
A. Size and Dimension Criteria:
Maximum Width of Access Pier: 6 feet
Maximum Total Platform(s) Area: 300 feet
(A platform is any portion or portions of a dock with a width in excess of the
allowable width of the access pier).
Setbacks: 25 feet from riparian lines.
Maximum Length of Docking Facility: 200 feet, measured perpendicular to the
OHWL excluding forested mangrove or cypress areas, except as allowed in Section
(10) above.
The required setbacks may be reduced up the receipt of a written consent of the adjacent,
affected property owners(s).
A boat shelter may be permitted in association with a docking facility provided that the
structure is no greater than 500 square feet in area and is no greater than 20 feet in height
above the adjacent access pier or platform.
The mooring of vessels at a non-commercial single family dock facility shall be restricted to
pleasure crafts registered to the adjacent upland property owner, the upland property owner's
guests and neighbors.
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No more than two (2) vessels shall be moored at any non-commercial single family dock
facility.
SECTION 4.4
NON-COMMERCIAL MULTI-DOCK FACILITY STANDARDS
The following standards shall be met prior to the issuance of any development orders for any non-
commercial multiple docking facility by the City.
A. Size and Dimension Criteria
2.
3.
4.
Maximum Width of Access Pier: 8 feet
Maximum Total Platform(s) Area: 250 square feet for each 10 slips
Setbacks: 25 feet fi.om riparian lines
Maximum Length of Docking Facility: 200 feet, measured perpendicular to the
MHWL, excluding forested mangrove or cypress areas, except as allowed in Section
(10) above.
The total number of slips of a docking facility cannot exceed the total number of residential
units or establishments the docking facility is intended to serve. The applicant shall submit
a legal description of the property to be served.
No docking facility shall occupy more than five (5) percent of any buildable area. The
buildable area shall be the area that is bounded by the property owner's mean high water
line, the riparian lines and the minimum docking facility length provision or as otherwise
limited by the general provisions of this Section. When a docking facility is allowed to be
extended beyond the maximum length shall it be exempt fi.om the five (5) percent
limitation.
A minimum fifty (50) percent of the buildable area frontage (shore to shore) must be
reserved as unobstructed open space. The required setbacks shall be credited toward the
open space requirements.
A minimum of one (1) off-street vehicular parking space shall be provided for every five (5)
boat slips or fi.action thereof, unless pedestrian access is available.
SECTION 4.5 COMMERCIAL DOCKING FACILITY STANDARDS
The following standards shall be met prior to the issuance of any development orders for any
commercial docking facility by the City.
A. Size and Dimension Criteria
1. Maximum Width of Access Pier: 10 feet
2. Maximum Total Platform(s) Area: 250 square feet for each 10 slips
3. Setbacks:
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25 feet from riparian lines of adjacent properties used, zoned or designated
for non-residential activities
50 feet from riparian lines of adjacent properties used, zoned or designated
for residential activities.
Maximum Length of Docking Facility: 200 feet, measured perpendicular to the
mean high water line, excluding forested mangrove or cypress areas, except as
allowed in Subsection 4.2 (J) above.
A minimum of one (1) off-street vehicular parking space shall be provided for every five (5)
boat slips or fraction thereof.
SECTION 4.6
VARIANCES
Where there is insufficient area to comply with setback provision of the size and dimension criteria
of the applicable provision of this Schedule to allow any reasonable use of the water way for the
construction of docking facility, variances fi-om the applicable size and dimension criteria may be
granted by the Administrative Official to permit the construction of one non-commemial single-
family or single-establishment dock facility. The variances shall be the minimum necessary to
allow boat ingress and egress to the waterway and shall conform with the purpose and intent of
these land development regulations. Any final action of the Administrative Official in this regard
may be appealed to the City Commission provided that an appeal is filed with the within thirty (30)
days after the final action is taken.
SECTION 4.7
PROCEDURES FOR ISSUANCE OF DEVELOPMENT ORDERS
The following procedures shall be applicable for the issuance by The City of Sanford of any
development orders for docking facilities:
All application for docking facilities proposed as accessory uses to multi-family residential
developments (excluding residential planned unit developments) containing three (3) or
more residential units shall be processed pursuant to the requirements outlined in Section
4.1 - 4.7 of this Schedule.
All applications for docking facilities proposed as accessory uses to non~residential
developments (excluding non-residential planned unit developments) as defined in Sections
4.1 - 4.7 of this Schedule.
All application for docking facilities proposed as accessory uses to planned unit
developments shall be processed pursuant to the applicable requirements of the planned unit
development provisions of these land development regulations.
SECTION 5.0 PROTECTION OF AQUIFER RECHARGE AREAS
A. Purpose: The purpose of this Section is to protect the fimctions of groundwater aquifer
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recharge areas within the City and ensure that the City's aquifer is protected from the
downward drift of pollutants.
Applicability: The regulations set forth herein shall apply to the most effective natural
groundwater recharge areas (twelve or more inches per year) as depicted on the Water
Resources map of the 2001 City of Sanford Comprehensive Plan.
Design and Performance Criteria: Uses and activities in the most effective natural
groundwater recharge areas shall conform to the following design and performance criteria:
Prohibited Uses. The following uses and activities are prohibited in areas identified
as most effective recharge areas: mining; resource extraction including but not
limited to excavation of sand and peat; junkyards; outdoor storage of hazardous
materials and waste.
Conservation of open space. To the greatest extent practical, all native vegetation
located in the required buffers of a proposed development shall be maintained in its
natural state and protected from disruption during site construction. Where
practical, grass parking areas and smaller parking stalls shall be permitted where it
can be demonstrated by the applicant to adequately serve the needs of the on-site use
and result in greater recharge than under these land development regulation
requirements.
Preservation of Natural Conditions. All development located in an area of most
effective recharge shall preserve pre-development soil types, grade elevations,
drainage rates and water levels.
SECTION 6.0
WELLFIELD PROTECTION
mo
Purpose and Intent. The purpose and intent of this Section is to protect potable water
from contamination by establishing primary and secondary protection zones around
municipal potable water wells and prohibiting certain land uses and activities within the
zones which have the potential to contaminate groundwater.
Applicability. The land development regulations set forth herein shall apply to all
development proposed in areas surrounding a wellfield within primary and secondary
protection zones).
C. Establishment of Wellfield Protection Zones.
Primary Protection Zone. Primary protection zones shall include all land within a
two hundred (200) foot radius of any existing or planned public wellhead (a water
system owned by a public entity or operated under a franchise agreement approved
by the City).
2. Secondary Protection Zone. Seconda~ protection zones shall include all land
M-21
within of any public wellhead.
Mapping. Wellfield Protection Zone Maps shall be available for review in the Department
of Engineering and Planning. Such maps will designate and graphically represent the
primary and secondary wellfield protection zones and may be amended fi.om time to time as
updated information becomes available.
Restrictions Within the Zones. Prohibited land uses and activities within the protection
zones are as follows.
Primary Protection Zone. The following land use activities shall be prohibited
within the primary protection zone: sanitary landfills, animal feedlots, wastewater
treatment facilities, petroleum and pesticide storage facilities, incinerators, and all
other activities that store, handle, or generate hazardous materials or wastes. Above-
ground or below-ground pipes which store or transfer pollutants or other
contaminants as well as open drainage cuts below the seasonal high water table shall
also be prohibited within the primary protection zone.
All other active uses are prohibited that could be foreseen to result in any
environmental degradation to the public water supply.
Secondary Protection Zone. The following land use activities are prohibited within
the secondary protection zone: sanitary landfills, junkyards, solid waste disposal
other than brash and stump, animal feedlots, wastewater treatment facilities,
petroleum and pesticide storage facilities, incinerators, and all other activities that
store, handle, or generate hazardous materials or wastes. Above-ground or below-
ground pipes which store or transfer pollutants or other contaminants as well as
open drainage cuts below the seasonal high water table are prohibited within the
secondary protection zone.
Wellfield Protection Zone Review Process. The City shall review all site plans, master
plans, and subdivision plans for consistency to thc terms and requirements of this Section
and no application or plan shall be approved unless full compliance is demonstrated.
Permits issued in violation of this Section confirm no right or privilege on the grantee.
SECTION 7.0
EXEMPTIONS
Any applicant may request that required submittal information described in this Schedule be
omitted fi'om the application in question provided, however, that such request shall be subject to the
following requirements:
A. The request shall be in written form and shall be submitted to the Adnfinistrative Official.
The request shall identify the information, item or data that is proposed to be omitted fi.om
the application and shall fully explain the reasons that such information, item or data does
not apply to such application.
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The Administrative Official has the authority to accept or reject such request.
SECTION 8.0
LAND UNSUITABLE FOR DEVELOPMENT
If, in the review of any land use or development located in or on environmentally sensitive lands, 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, sinkholes or
other such conditions that may unduly increase the danger of health, life, or property or aggravate
erosion or flood hazards; and, if from adequate investigations conducted 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 use or development 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 land use or development 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
administrative appeal to the City Commission as provided in this Schedule.
M-23
SCHEDULE Q
LEVEL OF SERVICE REQUIREMENTS AND METHODOLOGIES
SECTION 1.0: ADOPTED LEVEL OF SERVICE STANDARDS
Level of service standards for those public facilities for which concurrency is required are set forth
below:
Sanitary Sewer
Potable Water
Fire Flow
Drainage Facilities
By Facility Type
City. of Sanford Adopted l,evel of Service
147 gal/capita/day
161 gal/capita/day
Residential: 600 gpm/20 psi
Non-residential: 1200 gpm/20 psi
Facility Type
RctentionfDetention for
parcels with positive outfall:
l,evel af Service/Storm
Event(l)
25 Year, 24 Hour
Retention for parcels
without positive outfall:
25 Year, 96 Hour
Closed drainage for urban
streets with piped drainage:
10 Year, 24 Hour
Open drainage for rural
streets with swales:
10 Year, 24 Hour
Canals, ditches, culverts, and
other off-the-premises facilities:
25 Year, 24 Hour
Bridges and major highway
crossings:
100 Year, 24 Hr.
(U The design fi'equency may be increased if deemed
necessary the Administrative Official.
Q-1
LOS Standard for Water Quality and Pollution Abatement
Pollution Abatement
The City shall maintain the LOS standards included in the City's
current Land Development Regulations, Schedule O:
Retention Facilities, pursuant to Schedule O, Section 2.1, which are
as follows:
Retention of the Fimt Half-Inch Runoff- Provide for either of the
following:
Off-line retention of the first one half (1/2) inch of runoff or
1.25 inches of runoff from the impervious area, whichever is
greater, or
On-line retention of an additional one half (1/2) inch of
runoff over that volume specified in subparagraph (1.) above.
Wet Detention Facilitieg, pursuant to Schedule O, Section 2.2, which
are as follows:
Retention of Runoff- Pollution abatement shall be accomplished by
providing a treatment volume of the greater of the following:
1. First one-inch runoff; or
2. 2.5 inches of runoff from the impervious area.
Water Quality
All storm water treatment and disposal facilities shall be required to
meet the design and performance standards established in Chapter
17-25, Section 17-25.025, F.A.C.
Treatment of the first inch of run-off on-site to meet water quality
standards required by Chapter 17-3, Section 17-3.051, F.A.C.
Stormwater discharge facilities must be designed so as not to
degrade the receiving water body below the minimum conditions
necessary to assure the suitability of water for the designated use of
its classification as established in Chapter 17-3, F.A.C. Where a
conflict exists between two or more LOS standards, the more
restrictive shall be enforced.
Q-2
Recreation Areas
]'.C),q ~tandarcla fnr Recreation Areas:
Parks: 4 acres per 1,000 population
Solid Waste
Solid Waste Disposal Level of Service
by Land Use and Landfill Facility
1 ~ancl llae Facilitlea
Residential Osceola Landfill
Level of'Service
(pounds/capita/day)
1.88
GEL Landfill .15
Total Res'l LOS: = 2.03
Non-
Residential Osceola Land Fill: = 2.46
Total Citywide LOS: = 4.64
Note: Discontinuance of the Art Lane Landfill will r~sult in increasing the LOS for disposal to the Osceola
Traffic Circulation
The following peak-hour LOS standards shall apply:
Limited Acce~ Facilitieg - I-4 shall be at LOS "E". The Greeneway
shall be LOS "D".
State Principal Arterial Facilitieg ,(Not Claa~ifiett :Lq ]~acklo~,ged) -
All State principal arterial facilities that are not classihed as
backlogged or constrained shall operate at LOS "D" or better.
County. Collector and Minor Arterial Facilitien Nnt Within a Connty
De~i~maatecl l [rban Center - All County collector and minor arterial
facilities that are not within a County designated urban center shall
operate at LOS "D" or better.
City Cnll~tnr Facilities - All City collector facilities shall operate at
LOS "D" or better.
All County collector and minor arterial facilities located within an
area designated as I-4 High Intensity, Westside Industry and
Commeme and Airport Industry and Commerce on the Future Land
Use Map shall operate at LOS "E" or better.
Q-3
SECTION 2.0:
METHODOLOGY FOR DETERMINING IMPACTS ON
AVAILABLE CAPACITY
Roadways. In determining impacts on available capacity for roadways, the following
criteria shall be used:
Residential Development. For proposed residential development consisting of less
than fifty (50) dwelling units occurring in residential land use categories (excepting
planned developments), the following trip generation rates shall be used to calculate
the impact of the proposed development:
1 ,and l l~e Type Tripg Per Day
Single Family 10
Multiple Family 8
Mobile Homes 4.814
Non-Residential Development and Mixed-Use Planned Development (PD). For
all other development categories allowed within the Future Land Use Element, the
impacts of development shall be based on the peak-hour, peak direction trips
associated with the land use designation in which the proposed development shall
occur, using the most recent published edition of the Institute of Transportation
Engineers', Trip Generatinn manual, or as may be subsequently updated. Intemal
capture rates may be considered in determining traffic volumes for mixed use
developments; however, the applicant shall bear the burden of demonstrating any
internal capture rates upon five (5) percent of the total nonresidential trips.
Roads analyzed shall include all links impacted by more than ten percent (10%) of
the project traffic or receiving five hundred (500) trips per day, whichever is greater.
Methodologies used to determine transportation concurrency shall be consistent
with methodologies established in the FDOT LOS Guideline.
Optional Methods and Procedures. If the preliminary level of service information
indicates a deficiency in capacity based on adopted level of service (LOS) standards
(reference Section 1.0 for adopted LOS standards for roadways), the developer has
two altematives:
Accept the level of service information as set forth in the comprehensive
plan;
Prepare a more detailed alternative Highway Capacity Analysis as outlined
in the Highway Capacity Manual 2000, , Transportation Research Board,
Q-4
National Research Councilor travel time and delay study following the
procedures outlined by the Florida Department of Transportation, Traffic
Engineering Office in its Manual for I Inifnrm Traffic ~qtudle~.
Alternative Methodologies. If the applicant chooses to do a more detailed analysis,
the applicant shall provide an acceptable methodology for preparing an alternative
analysis which has been approved by a professional competent in transportation
planning and/or engineering. Such an alternative methodology must be presented to
and approved by the Administrative Official.
If the alternative methodology, after review and acceptance by the Administrative
Official, indicates no deficiency in the capacity based on the adopted level of service
standard, whereas the comprehensive plan indicates a deficiency in capacity based
on the adopted level of service standard, the alternative methodology will be used.
However, the City shall, at its discretion, reserve the option to have the methodology
reviewed by a professional registered engineer or professional transportation planner
prior to accepting the methodology. The cost for such review shall be bom by the
applicant after due notice from the City.
The trip distribution shall be consistent with the presets of the approved trip
generation model, i.e.: the Seminole County Trip Generation model, the Orlando
Urban Area Transportation Study (OUATS) model, or another distribution model
approved by the City.
The impact area shall include adjacent roadway segments as determined by the
Administrative Official. The applicant may seek alternative trip allocations together
with a statement of trip allocation methodology consistent with professional
standards established in one (1) or more of the following documents:
Highway Capaci .ly Manual 2000, Transportation Research Board, National
Research Council, 2000.
Florida Highway System Plan, "Traffic Analysis Procedures," Florida
Department of Transportation, Bureau of Multi-Modal Systems Planning,
most recent edition.
Florida Highway ~qy~tem Plan, "Level of Service Standards and Guidelines
Manual," Florida Department of Transportation, most recent edition.
Trip Generation, 6th Edition, Institute of Transportation Engineers.
Transportation and l.and Development, Stover, Virgil G., Institute of
Transportation Engineers, 1988.
Q-5
Traffic Analysis Required Where 500 or More Trips Are Generated Trips. All
new developments which are anticipated to generate five hundred (500) or more
trips per day shall bc required to submit a traffic analysis prepared by a traffic
engineer licensed in the State of Florida which identifies thc development's impact
on thc Ci~s transportation system. The City Administrative Official may also
require thc submission of a traffic analysis for developments that generate less thc
500 trips per day if the site location, anticipated total trip generation, circulation
patterns or other such factors warrant a more extensive review of traffic impacts.
The traffic analysis shall include the following:
i. Total projected peak-hour trips for the proposed development.
pass-by capture rate (commemial land uses only);
intemal capture rate (planned development only);
peak-hour external trips based on ITE Trip Generation Manualmost
recent Edition; and
peak-hour directional projected vehicle trips on all segments of the
arterial and collector street system which are adjacent to the
development project or as determined necessary by the
Administrative Official.
ii.
Design capacity of the accessed road(s).
iii.
Analysis of traffic distribution on the road network including all
links impacted by more than ten pement (10%) of project traffic or
five hundred (500) trips per day, whichever is greater.
iv.
Necessary operational improvements to the City, County, or State
maintained transportation system in order to maintain the appropriate
level-of-service for the roadway.
Other related information as required by the City.
Justification, including appropriate references, for the use of any trip
generation rates, adjustments factors or traffic assignment methods
not previously approved by the City.
The latest edition of the Institute of Transportation Engineers (ITE)
Trip Generation Manual shall be used to calculate these estimates.
Adjustments to these estimates may be made, based on special trip
generation information supplied by the applicant.
Other Facilities. The level of service standards for all concurrency facilities, except
roadways and drainage, are based on population (or equivalent units of population)
Q-6
served. Therefore, the applicant shall provide the Administrative Official with the
projected population to be served by the proposed development and describe how
surface water management criteria shall be met. The demand on concurrency
facilities generated by the applicant's development shall be determined as cited
below.
Solid Waste. The demand for solid waste collection and disposal capacity
shall be determined by multiplying the City's solid waste level of service
standard times the population (or equivalent units of population). Following
is the City's solid waste level of service standard:
Land Use
Residential
Non-Residential
Solid Waste
Pnund~ per 1 lnlt of Pn.nlJlatinrl
1996-20
2.18
2.46
Potable Water. The demand for potable water shall be determined by
multiplying the City's potable water level of service standard (i.e., 161
gallons per capita per day) times the population (or equivalent units of
population). In addition, the applicant shall ensure that the City's fire flow
requirements (cited in Section 1.0 of this Schedule) shall be met.
Sanitary Sewer. The demand for sanitary sewer collection and treatment
capacity shall be determined by multiplying the City's sanitary sewer level of
service standard of 147 gallons per capita per day by the population (or
equivalent units of population).
Drainage. The applicant shall provide evidence demonstrating that the
proposed project shall meet the Cit3/s adopted level of service standards for
drainage cited in Section 1.0 of this Schedule.
SECTION 3.0:
Recreation Area. The demand for recreation area shall be determined by
multiplying the City's recreation area level of service standard of 4 acres per
1000 population or .004 acres by each person served by the development.
DETERMINATION OF AVAILABLE CAPACITY
For purposes of these regulations the available capacity of a facility shall be determined by adding
the cumulative total supply for each public facility component as cited below in subsections 3.0(A)
and (B) and subtracting cumulative total demand for each infrastructure component as cited below
in subsection 3.0(C).
Q-7
A. Indicators of Available Facility Capacity (Add):
1. Capacity of Existing Facility. The total capacity of existing facilities operating at the
required level of service; and
Capacity of Committed New Facility, Excluding Roadways. The total capacity of
committed new facilities, if any, that will become available on or before the date a
certificate of occupancy is issued for the development. The capacity of concurrency
facilities may be counted and deemed concurrent only if the following standards are met:
a. The necessary facilities and services are in place at the time a development permit is
issued; or
b. The development permit is issued subject to the condition that the necessary facilities
and services will be in place concurrent with the impacts of development; or
The necessary public facilities and services are guaranteed in an enfomeable
development agreement to be in place concurrent with the impacts of development. An
enforceable development agreement may include, but is not limited to, development
agreements pursuant to Section. 163.3220, Florida Statutes, or an agreement or
development order issued pursuant to Chapter 380, Florida Statutes. The agreement
must guarantee that the necessary facilities and services will be in place when the
impacts of the development occur.
3. Capacity of New Roadways. The total capacity of new roadways, if any, that will become
available on or before the date a certificate of occupancy is issued for the development. The
capacity of new roadways may be counted and deemed concurrent only if the standards of
Subsection 3.0(A)(2)(a-c) are met. In addition, roadway facilities will be deemed
concurrent based on the adopted Five-Year Capital Improvements program and schedule
which, as a minimum, satisfy the following criteria:
The Five-Year Capital Improvements Program must include improvements necessary to
correct any identified facility deficiencies and maintain adopted levels of service for
existing and permitted development; and
The Five-Year Capital Improvements Program must be a realistic, financially feasible
program based on currently available revenue sources; and development orders will
only be issued if the public facilities necessary to serve the development are
programmed to commence and become available within the first three years of the five-
year schedule of capital improvements.
The Five-Year Capital Improvements Program must identify whether funding is for
design, engineering, consultant fees, or construction and indicates, by funded year, how
the dollars will be allocated; and
Q-8
The Five-Year Capital Improvements Program must identify both the year in which
actual construction of the roadway project will commence together with the anticipated
fiscal year at which time construction will be finalized and functional operation of the
roadway facility begins. Actual construction and functional operation of the roadway
facility must commence on or before the third year of the Five-Year Schedule of Capital
Improvements; and
In the situation where scheduled projects occur in phases that become fimctionally
operational at the completion of each separate individual phase, the commencement and
completion dates for each independent phase will be identified in the Five-Year
Schedule of Capital Improvements; and
A plan amendment will be required in order to eliminate, defer or delay construction of
any roadway facility or service which is needed to maintain the adopted level of service
standard; and
B. Indicators of Cumulative Demand on Facility Capacities (Subtract):
Existing Demand Based on Existing Development. The demand for service or facility
created by existing development as provided by the Administrative Official or as
documented in the City of Sanford Comprehensive Plan.
2. Demand to be Generated by Incomplete Approved Development. The demand for the
service or facility created by the anticipated completion of other approved developments.
SECTION 4.0
TRANSPORTATION CONCURRENCY EXCEPTION AREA
(TCEA).
The following regulations apply to development located within the Transportation
Concurrency Exception Area:
Purpose. The Transportation Concurrency Exception Area is established for the
purpose of downtown revitalization where the enforcement of the concurrency
management system will potentially conflict with revitalization of the Sanford
downtown area. Transportation programs and improvements within the TCEA shall
emphasize pedestrian and transit modes of transportation.
Applicability. The Transportation Concurrency Exception Area is hereby
established within the geographical area depicted in Map II-8 of the 2001 City of
Sanford Comprehensive Plan. Only areas located within the Central Business
District, as delineated on the Future Land Use Map, may be incorporated into the
TCEA.
Q-9
Transportation Concurrency Exemption. Transportation concurrency
requirements shall not apply to development or redevelopment within thc TCEA.
Transportation Demand Management Programs. The purpose of the
Transportation Demand Management Program is to reduce the number of peak-
period vehicle trips generated in association with development; promote and
encourage the usc of alternative transportation modes, such as ride sharing, carpools,
vanpools, public transit, bicycles and walking; and provide those facilities that
support such alternate modes.
Prior to the issuance of any approval for development or redevelopment in the
TCEA, all new employers in the TCEA with fifty (50) or more employees shall
establish employer-based transportation demand management programs. All
programs shall be approved by the Administrative Official and set forth in a
recorded development order or agreement.
All Transportation Demand Management Programs shall include, at a minimum,
any combination of the following methods which together achieve the purposes of
the program:
2.
3.
4.
6.
7.
8.
9.
10.
11.
Altemative work schedules/flex time;
Preferential parking for carpool and vanpool vehicles;
Bicycle parking, locker and/or shower facilities;
Information center for transportation alternatives including, but not limited
to, current maps, routes, schedules for public transit, rideshare match lists;
bicycle routes to the workplace;
Bus stop improvements;
On-site child care facilities;
Facilities and equipment to encourage tele-commuting;
Local transportation management and roadway improvements;
Transit incentives for employees such as subsidy of bus passes, additional
pay for car-poolers, flexible work times, etc.
Plans for delivery of goods at off-peak hours; and
Plans and facilities for centralized deliveries of goods for multitenant
facilities.
Transit Facility Evaluation. Prior to the issuance of any development approval for
property within the TCEA, all applications for development or redevelopment
which exceed twenty thousand (20,000) gross square feet shall submit proof of
coordination with Lynx regarding transit facilities necessary to serve the
development. The developer/property owner shall install improvements requested
by Lynx unless otherwise waived by the Administrative Official.
Watercraft Access. All retail commercial developments located adjacent to the
Q-10
waterfront and proposing boat dock facilities shall provide temporary public
docking facilities for their customers.
Traffic Impact Monitoring. All applications for development or redevelopment
located in the TCEA which meet the criteria of Section 2.A.5 of this Schedule shall
submit a traffic impact analysis report pursuant to Article VIII of the Land
Development Regulations.
Design
design
TCEA:
Standards for Development located within the TCEA. The following
standards shall apply to all development and redevelopment within the
Building Orientation: The primary customer entrance of all commercial
buildings shall be oriented to face a public fight-of-way unless it can be
shown that there are compelling site conditions that necessitate a different
orientation.
Pedestrian Circulation. Direct pedestrian linkages shall be provided fi.om all
building entrances to the surrounding streets, external sidewalks, transit
stops and outparcels. Pedestrian ways shall be lighted throughout the site in
a consistent and coordinated manner which provides safety and enhances
the visual impact of the project on the community. Lighting shall be
designed so as to prevent direct glare, light spillage and hazardous
interference with automotive traffic on adjacent streets and all adjacent
properties.
Bicycle Parking Facilities. All site plans for the development or
redevelopment of a parcel of land located within the TCEA shall provide
bicycle racks or other bicycle parking facilities for customers and employees
unless it can be show that there are compelling site conditions that prevent
the installation of such facilities.
Streetscape Design. All landscape and streetscape designs shall be
compatible with pedestrian, bicycle and transit facilities. Landscaping shall
not interfere with the convenient access of pedestrians and cyclists to the
parcel proposed for development or redevelopment and, to the greatest
extent practical, the design of a site shall integrate pedestrian and bicycle
circulation systems within landscaping plans.
Transit Easements. All new development located within the TCEA shall be
required to dedicate an easement to the City of Sanford or to Lynx necessary
to allow the eventual provision of transit facilities including, but not limited
to, benches, shelters, signage and bus turnouts if requested by Lynx and if a
rational nexus is found relative to the impacts of the development and the
Q-Il
easement is roughly proportional to those impacts.
Land Use Activities Prohibited. Within the TCEA, the following automobile-
based land uses shall be prohibited:
2.
3.
4.
5.
Drive-through facilities including restaurants and banks;
Automobile repair, service and sales;
Distribution centers;
Gas and service stations;
Car Washes.
Q-12
SECTION 1.2
APPLICABILITY
Unless otherwise specified herein, the Sanford Land Development Regulations shall apply.
SECTION 2.0
BUILDING SETBACKS
The front yard building setback shall be a minimum of fifty (50) feet. Such front yard building
setback shall be greater than fifty (50) feet ifa more restrictive setback is required as set forth in
these land development regulations, as part of a stipulation or condition of development, or as
required in Schedule I - Base Building Line And Designated Right-Of-Way Requirements For
Specific Streets.
SECTION 3.0
STREET-SIDE LANDSCAPE BUFFER
1. Lake Mary Boulevard
A minimum fifteen (15) foot landscape buffer, or greater if required by the land
development regulations, shall be provided in the area abutting the designated
roadway fight-of-way lines. Landscape buffer width may be reduced to a minimum of
ten (10) feet only if the lot or tract is less than two hundred (200) feet in depth.
2. The developer/property owner shall be responsible for the purchase, installation,
maintenance and irrigation of all required landscaping.
The landscape buffer area shall be planted with live oaks, of six (6) inch diameter at
breast height (dbh) at planting, along a line ten (10) feet back from the right-of-way
line. The trees shall be planted every forty (40) feet and staggered so as to be midway
between any live oaks planted in the adjacent fight-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.
4. No existing, dedicated or reserved public or private right-of-~vay shall be included in
calculation of the buffer width.
5. The corridor buffer area may include minor storm water retention features only.
If parking abuts the buffer, a continuous hedge of evergreen shrubs shall be arranged
or planted at least four (4) feet behind any required trees. Shrubs shall be at least
two (2) feet in height at the time of planting and shall achieve a height of three (3) feet
within one (1) year of planting in order to screen a minimum of seventy-five percent
(75%) of the parking areas viewed from the right-of-way. Shrubs shall then be
maintained at a minimum height of three (3) feet and shall provide an opaque
vegetative hedge between the street and the parking lot.
LJ-2
7. Existing vegetation may bc used to meet these requirements.
2. West S.R. 46
A minimum twenty-five (25) foot landscape buffer, or greater if provided by this
ordinance, shall be provided in the area abutting the designated roadway right-of-way
lines. Landscape buffer width may be reduced to a minimum of fifteen (15) feet only
if the lot is less than two hundred (200) feet deep.
2. The developer/property owner shall be responsible for the purchase, installation,
maintenance and irrigation of all required landscaping.
The landscape buffcr area shall be planted with two (2) rows of live oaks, six (6) inch
diameter at breast height (dbh) at planting. The trees shall be 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.
4. No existing, dedicated or reserved public or private right-of-way shall be included in
calculation of the buffer width.
5. The corridor buffer area may include minor storm water retention features only.
If parking abuts the buffer, a continuous hedge of evergreen shrubs shall be arranged
or planted at least four (4) feet behind any required trees. Shrubs shall be at least two
(2) feet in height at the time of planting and shall achieve a height of three (3) feet
within one (1) year of planting in order to screen a minimum of seventy-five percent
(75%) of the parking area, to that height, as viewed from the right-of-way. Shrubs
shall then be maintained at a minimum height of tltree (3) feet and shall provide an
opaque vegetative hedge between the street and the parking lot.
7. Existing vegetation [nay be uscd to meet these requirements.
SECTION 4.0
PARKING
Parking lots shall be designed and landscaped according to the following criteria:
A minimum o f ten percent (10%) of all parking area and entryways shall be landscaped.
EXHIBIT 1 - DESIRABLE VEGETATION, set forth and included hereto, provides a list
of desirable trees and shrubs.
B. Parking bays shall not be larger than forty (40) spaces.