3843ORDINANCE 2004-3843
A REVISING CODIFICATION ORDINANCE OF THE CITY OF
SANFORD, FLORIDA, AMENDING THE SANFORD CITY CODE/CODE
OF ORDINANCES AND APPENDIX "A" THERETO (THE LAND
DEVELOPMENT REGULATIONS) (THE CITY CODE); PROVIDING FOR
ACTIONS RELATING TO THE REPEAL/DELETION OF REDUNDANT
AND OTHERWISE UNNECESSARY PROVISIONS OF THE CITY CODE;
PROVIDING FOR THE REPEAL/DELETION OF VARIOUS PROVISIONS
OF THE CITY CODE THAT ARE INCONSISTENT WITH STATE LAW;
PROVIDING FOR THE REVISION OF THE CITY CODE IN
ACCORDANCE WITH RECOMMENDATIONS OF THE MUNICIPAL
CODE CORPORATION; PROVIDING FOR LEGISLATIVE FINDINGS
AND INTENT; PROVIDING FOR REPEALERS; REPEALING THE
FOLLOWING PROVISIONS OF THE CITY CODE: SECTION 1-8(B),
SECTION 1-8(E), SECTION 1-10, SECTION 2-2, SECTION 2-3.1, SECTION 2-7,
SECTION 2-17 THROUGH SECTION 2-22, SECTION 2-31 THROUGH SECTION 2-
37, SECTION 2-47 THROUGH SECTION 2-51, SECTION 2-88 THROUGH SECTION
2-99, SECTION 2-111 THROUGH SECTION 2-114, SECTION 2-126, SECTION 2-
127, SECTION 2-139 THROUGH SECTION 2-147, SECTION 2-157, SECTION 2-
186 THROUGH SECTION 2-188, SECTION 2-401, SECTION 3-2, SECTION 3-
3(C), SECTION 3-5(D), SECTION 3-7 (a)(1) (3) AND (4), SECTION 3-8, SECTION
4-1, SECTION 4-8, SECTION 4-10, SECTION 4-12, SECT;ON 4-15, SECTION 4-
16, SECTION 4-28, SECTION 4-30, SECTION 4-32(A), SECTION 4-33 THROUGH
SECTION 4-36, SECTION 4-39, SECTION 4-40, SECTION 4-42(A), (B), (C), (D)
AND (F), SECTION 6-2, SECTION 6-4, SECTION 6-5, SECTION 6-44 THROUGH
SECTION 6-56, SECTION 6-122, SECTION 8-1 THROUGH SECTION 8-25,
SECTION 11-9, SECTION 13-1 THROUGH SECTION 13-3, SECTION 13-20
THROUGH SECTION 13-32, SECTION 13-44 THROUGH SECTION 13-48, SECTION
16-1, SECTION 16-2, SECTION 16-6, SECTION 16-7, SECTION 16-11, SECTION
16-20 THROUGH SECTION16-38, SECTION 17-1, SECTION 17-13, SECTION 17-
23(C), SECTION 17-34, SECTION 18-1, SECTION 18-2, SECTION 18-3, SECTION
18-4, SECTION 18-5, SECTION 18-7, SECTION 18-8, SECTION 18-10, SECTION
18-13, SECTION 18-14, SECTION 18-15, SECTION 18-16, SECTION 18-17,
SECTION 18-19, SECTION 18-20, SECTION 18-21, SECTION 18-22, SECTION
18-23, SECTION 18-24, SECTION 18-26, SECTION 18-27, SECTION 18-28,
SECTION 18-30, SECTION 18-31, SECTION 18-33, SECTION 18-34, SECTION
18-43 THROUGH SECTION 18-49, SECTION 18-61 THROUGH SECTION 18-66,
SECTION 18-67, SECTION 18-69, SECTION 18-70, SECTION 18-72, SECTION
18-73, SECTION 18-74, SECTION 18-1000 THROUGH SECTION 18-1010,
SECTION 18 % -1, SECTION 18 % -2, SECTION 18 % -3, SECTION 18 1/, -21
THROUGH SECTION 18 %-23, SECTION 19-1, SECTION 19-2, SECTION 19-3,
SECTION 19-14 THROUGH SECTION19-21, SECTION 20-1, SECTION 20-2,
SECTION 20-3, SECTION 20-4, SECT;ON 21-1 THROUGH SECTION 21-5,
SECTION 22-4, SECTION 23-1, SECTION 23-2, SECTION 23-3, SECTION 23-4
THROUGH SECTION 23-10, SECTION 23-44, SECTION 26-20, SECTION 26-39
THROUGH SECTION 26-41, SECTION 28-1.3 THROUGH SECTION 28-5, SECTION
28-12, AND SECTION 28-13, CHAPTER 10, CHAPTER 12, CHAPTER 15,
CHAPTER 16 %, CHAPTER 16 ¥.., CHAPTER 24, AND CHAPTER 25, AND
FOOTNOTE 23 OF SCHEDULE "B"; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CODIFICATION; PROVIDING FOR ACTIONS
PERTAINING TO AN ONGOING CODIFICATION PROGRAM BY THE
CITY; PROVIDING FOR THE ASSIGNMENT OF DUTIES; PROVIDING
FOR A SAVINGS OF CERTAIN LEGISLATIVE ACTIONS; PROVIDING
FOR CONFLICTS AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Sanford engaged the Municipal
Code Corporation (the "MCC") to review and analyze the provisions of the Sanford City
CodelCode of Ordinances (the Land Development Regulations of the City of Sanford
as set forth in Appendix "A" thereto) (the "City Code") to determine if any provisions
thereof are inconsistent with State law, preempted by State law, made unnecessary by
the provisions of State law, are redundant or are otherwise unnecessary; and
WHEREAS, the City Commission tasked the MCC with the aforedescribed work
in order to develop the City Code into a more user friendly document that is of greater
utility to the citizens of the City, those persons who use the City Code on a routine
basis and City officials and City staff; and
WHEREAS, the work product of the MCC has been reviewed by the City
Manager, the City Attorney, the City Clerk and other members of City staff; and
WHEREAS, based upon the review of the MCC work product, the City
Commission desires to take the first step in revision of the City Code by
repealing/deleting certain provisions of the City Code as set forth herein; and
WHEREAS, the City Commission recognizes that the work of City Code
codification and revision is an ongoing process that requires a continuing effort by the
various City officials and City staff and it is the goal of the City Commission to ensure
that the City Code is kept current and of maximum use and clarity for the benefit of the
citizens of the City of Sanford; and
WHEREAS, it is the intent of this Ordinance to address, in significant and
material part, those matters referred to in the August 31, 2003 report from attorney
Alyce Whitson of MCC to the City Clerk and City Attorney; and
WHEREAS, it is the intent of the City Commission to further implement the report
of the MCC and that the City Attorney the City Clerk, in conjunction with the City
Manager, shall continue with that effort and an ongoing City Code codification program;
and
WHEREAS, the City Commission of the City of Sanford has held all required
public hearings in accordance with the provisions of State law in order to solicit input
from the public.
NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF
SANFORD, FLORIDA:
SECTION 1. LEGISLATIVE INTENT AND FINDINGS. The above recitals set
forth in the whereas clauses of this Ordinance are hereby adopted as the legislative
intent and findings for the enactment of this Ordinance. The City Commission of the
City of Sanford hereby finds and determines that the provisions of this Ordinance
advance a legitimate public purpose and promote and protect the public health, safety,
morals and welfare of the public. The August 31, 2003 report from attorney Alyce
Whitson of MCC to the City Clerk is hereby incorporated by the City Commission into
the legislative findings in support of enactment of this Ordinance by the City
Commission. The elimination of certain provisions of the City Code does not
necessarily reflect the policy views of the City Commission as to a particular issue, but
relates solely to the necessity of the provision being a part of the City Code in the
respective form.
~REPEALERS.
(a) The following sections (all provisions are referred to as "sections" with
references being made to sub sectional numbers, etc.) of the City Code are hereby
repealed and deleted from the City Code: Section 1-8(b); Section 1-8(e); Section 1-10;
Section 2-2; Section 2-3.1; Section 2-7; Section 2-17 through Section 2-22; Section 2-
31 through Section 2-37; Section 2-47 through Section 2-51; Section 2-88 through
Section 2-99; Section 2-111 through Section 2-114; Section 2-126; Section 2-127;
Section 2-139 through Section 2-147; Section 2-157; Section 2-186 through Section 2-
188; Section 2-401; Section 3-2; Section 3-3(c); Section 3-5(d); Section 3-7 (b)(1) (3)
and (4); Section 3-8; Section 4-1; Section 4-8; Section 4-10; Section 4-12; Section 4-
15; Section 4-16; Section 4-28; Section 4-30; Section 4-32(a); Section 4-33 through
Section 4-36; Section 4-39; Section 4-40; Section 4-42(a), (b), (c), (d) and (f); Section
6-2; Section 6-4; Section 6-5; Section 6-44 through Section 6-56; Section 6-122;
Section 8-1 through Section 8-25; Section 11-9; Section 13-1 through Section 13-3;
Section 13-20 through Section 13-32; Section 13-44 through Section 13-48; Section
16-1; Section 16-2; Section 16-6; Section 16-7; Section 16-11; Section 16-20 through
Section16-38; Section 17-1; Section 17-13; Section 17-23(c); Section 17-34; Section
18-1; Section 18-2; Section 18-3; Section 18-4; Section 18-5; Section 18-7; Section 18-
8; Section 18-10; Section 18-13; Section 18-14; Section 18-15; Section 18-16; Section
18-17; Section 18-19; Section 18-20; Section 18-21; Section 18-22; Section 18-23;
Section 18-24; Section 18-26; Section 18-27; Section 18-28; Section 18-30; Section 18-
31; Section 18-33; Section 18-34; Section 18-43 through Section 18-49; Section 18-61
through Section 18-66; Section 18-67; Section 18-69; Section 18-70; Section 18-72;
Section 18-73; Section 18-74; Section 18-1000 through Section 18-1010; Section 18 ¼
-1; Section 18 % -2; Section 18 % -3; Section 18 % -21 through Section 18 %-23;
Section 19-1; Section 19-2; Section 19-3; Section 19-14 through Section19-21; Section
20-1; Section 20-2; Section 20-3; Section 20-4; Section 21-1 through Section 21-5;
Section 22-4; Section 23-1; Section 23-2; Section 23-3; Section 23-4 through Section
23-10; Section 23-44; Section 26-20; Section 26-39 through Section 26-41; Section 28-
1.3 through Section 28-5; Section 28-12; and Section 28-13.
(b) The following chapters of the City Code are hereby repealed and deleted
from the City Code: Chapter 10; Chapter 12; Chapter 15, Chapter 16 %; Chapter 16 %;
Chapter 24; and Chapter 25;
(c) The following footnote of the City Code is hereby repealed and deleted from
the City Code: Footnote 23 of Schedule "B".
CT~ ~ If any section or portion of a section of this
Ordinance proVes to be invalid, unlawful or unconstitutional, it shall not be held to
impair the validity, force or effect of any other section or part of this Ordinance.
.~ _~ All ordinances or parts of ordinances in conflict
herewith are hereby repealed.
C~ CODIFICATION. FURTHER CODIFICATION EFFORTS AND
SAVINGS.
(a) 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 be implemented by
means of revising the provisions of the City Code to reflect the actions taken in this
Ordinance, but the text of this Ordinance shall not be codified; provided, however, that
the provisions of Subsection 5(b) shall be codified.
(b) The City Commission hereby directs the City Clerk and the City Attorney, in
conjunction with the City Manager, to undertake a recurring and consistent City Code
review and analysis to minimize consultant costs and maximize the usability, currency
and accuracy of the City Code on an ongoing basis. Further, the City Clerk, in
conjunction with the City Manager and the City Attorney, is hereby delegated the
authority to make purely editorial and formatting revisions to the City Code such as
assignments of City Code provisions to appropriate parts, articles, sections, etc.;
gender changes and neutralization; changes in format; the deletion of conflicting
provisions pursuant to the provisions of ordinance enactments by the City Commission;
deletion of provisions preempted by actions of the Florida Legislature or other
controlling legal authority; and such other actions as may be necessary and desirable
consistent with the overriding legislative authority of the City Commission with regard to
the provisions of the City Code. Further, the City Clerk, in conjunction with the City
Manager and the City Attorney, is hereby assigned the duty and responsibility to
present City Code reviser's ordinances to the City Commission on an annual or
otherwise recurring basis to ensure that the City Code is maintained in an orderly and
contemporaneous form, to implement an ongoing codification process, and to make
such reports to the City Commission as may be necessary and desirable.. Further, the
City Clerk, in conjunction with the City Manager and the City Attorney, is hereby
authorized to delete from and insert into the City Code such editor's notes and
comments as may be necessary and desirable.
(c) The repeal of sections pertaining to procedural actions relative to the
adoption of the City's Comprehensive Plan, the City's Evaluation and Appraisal Report
and related matters shall not operate to repeal or modify said documents and they are
hereby saved and shall continue in full force and effect.
TI.~;_C_~_O._~., EFJ~[~ That this Ordinance shall become effective
immediately upon passage and adoption.
PASSED and ADOPTED this 23rd day of February, 2004.
CITY COMMISSION OF THE CITY OF
BRADy LES~A~D
Mayor
Attest.'
/Yanet R. Dougherty
City Clerk
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. 3843, PASSED AND
ADOPTED by the City Commission of the City of Sanford, Flodda, on the 23rd day of
February, 2004, was p~sted at the front do_or of, the City Hall in the City of Sanford,
Florida, on thec~f.- day of ,_~-.~f'~,'u~ , 2004.
~lerk of th/~~
of Sanford, Florida