The words defined below are words which have special or limited meanings as used in this ordinance and as used in the ordinance:

Accessway means a private traffic-carrying way set aside for vehicular traffic primarily serving only one premises or planned development project, including private driveways, entrances or exitways and similar private vehicular access, located on the parcel served thereby.

Administrative official means the person appointed by the city manager who is responsible for the overall administration and enforcement of this ordinance or his duly authorized representative.

Altered or alteration means any change or addition to the loadbearing members or the foundation of a structure or any change or addition which increases the size of a structure or a building area.

Base building line means a line drawn parallel to the centerline of the existing or proposed street right-of-way at the interior boundary of the designated right-of-way and/or minimum building setback required by this ordinance.

Basement means a story which has at least 51 percent or more of its outside surface area on one or more exterior walls located below finished grade and is used for storage, parking, mechanical equipment or other accessory use rather than for the principal use of the premises.

Breezeway means an outdoor covered pedestrian walkway.

Building means any structure which encloses space for occupancy by persons or their activities.

Building area means the building area of land measured on a horizontal plane at the base of each building and accessory building and including any area of land covered by breezeways, porte cocheres, outdoor covered patio areas at finished grade, carports, garages or other off-street parking structures. The term "building area" shall not, however, include uncovered entrance platforms, terraces or steps.

Building height means the vertical distance measured from the mean finished grade at the front building line to the highest point of the building.

Building line means a line drawn parallel to the front parcel line and tangent to the nearest part of the principal building and extending from parcel line to parcel line.

Building permit means a valid permit issued by appropriate authority under the provisions of the City of Sanford Building Code.

Building setback means the same as, and shall be interchangeable with, the term "yard."

Certificate of completion means the certificate issued by appropriate authority under the provisions of this ordinance, which authorizes the use of a structure or premises and is required prior to such use.

City means the City of Sanford, Florida.

City clerk means the city clerk established by section 2.08, article II of the Charter of the City of Sanford, Florida.

City commission means the city commission established by article II of the Charter of the City of Sanford, Florida.

Conditional use means a use which would not be appropriate generally and which could impair the integrity and character of the specific area in which it is located or adjoining areas unless restrictions or conditions on location, size, extent, character and time of performance are imposed in addition to those specifically imposed by this ordinance.

Conditional use permit means the permit issued by appropriate authority in accordance with the provisions of this ordinance which authorizes a conditional use and is required prior to issuance of a site development permit or certificate of completion for the premises.

Contractor means the person, firm or corporation authorized by the owner or developer to undertake any construction, installation and/or maintenance activities defined in this ordinance.

County clerk means the clerk of the circuit court of Seminole County, Florida.

Density, residential: The number of residential units permitted per land area. Density is determined by dividing the number of units by the total area of land within the boundaries of a lot or parcel not including dedicated rights-of-way, floodprone, preservation, wetlands and undevelopable areas. For any given lot or parcel, one residential unit may be transferred from within the 100-year flood zone to an area of the lot or parcel not within the 100-year flood zone provided that the area within the 100-year flood zone is at least one acre in size. In determining the number of residential dwelling units to be permitted on a specific parcel of land, a fractional unit shall not entitle the applicant to an additional unit.

Department of planning and community development means the department of planning and community development for the City of Sanford, Florida.

Developer means the owner or the owner's authorized agent undertaking any use or activity defined in this ordinance.

Dimensional variance means a departure from certain of the requirements of this ordinance permitted, in accordance with the terms of this ordinance.

Finished grade means the top surface elevation of lawns, accessways, walkways or other improved surfaces after completion of construction or grading operations.

Floor area (GFA): The sum of the horizontal areas of the stories of a building or buildings, measured from the exterior faces of exterior walls or from the centerlines of walls which separate buildings. Included within such sum shall be the areas of all stories, including those areas which are not heated or air conditioned, storage areas, interior balconies and mezzanines, and any other space reasonably usable for any purpose except parking.

Floor area ratio means ratio of the floor area to gross land area.

Hazardous use means a use which is identified in the text of this ordinance, including any schedule, as being hazardous and subject to the hazardous use regulations.

Land area means the total area of land contained within the lot, tract or project boundary lines not including dedicated rights-of-way, wetlands and undevelopable areas such as floodplains.

Living area means the total floor area of a dwelling unit made suitable for human habitation excluding: garages; carports; areas that are not wholly enclosed such as screen rooms; common corridors, hallways or exits provided for access or vertical travel between multiple-family dwelling units; any utility room or storage area that is within the principal structure.

Lot means a unit of land located within a platted subdivision and which is occupied by, or to be occupied by, one principal building and its accessory buildings, and including the open spaces, yards and buffer strips required by this ordinance.

A.

Lot area: The total area of land contained within the lot lines.

B.

Lot line: A boundary dividing a lot from a right-of-way, adjoining lot, or other adjoining tract of land.

1.

Front lot line: The lot line abutting a street right-of-way line.

2.

Rear lot line: The lot line opposite the front lot line.

3.

Side lot line: Lot lines other than the front or rear lot lines.

C.

Lot depth: The dimension of a lot measured perpendicular to the front lot line and tangent to the nearest part of the rear lot line.

D.

Corner lot: A lot which abuts on two or more intersecting streets at their intersection.

E.

Double frontage lot: Any lot other than a corner lot which abuts on two streets.

F.

Lot of record: A lot whose location and dimensions may be ascertained by reference to a plat duly recorded in the plat books in the office of the county clerk on the effective date of this ordinance.

Nonconforming parcel: An undeveloped lot of record or tract of record the location or dimensions of which do not conform with all of the provisions of this ordinance respecting a proposed use thereof.

Nonconforming structure or use: A structure or use lawfully existing on the effective date of this ordinance, or an amendment thereto, which does not conform with all of the provisions of this ordinance respecting such structure of use.

Nonhazardous use means a use which is identified in the text of this ordinance, including any schedule, as being nonhazardous and subject to the nonhazardous use regulations.

Occupant: The person, persons or family in actual possession of the premises regardless of ownership of the premises.

Open space: Any portion of a parcel which is open and unobstructed from the ground to the sky, including areas maintained in a natural and undisturbed character and areas which are permeable in nature. Open space shall not include water areas below the control water elevation, or areas covered with buildings, sidewalks, pools, decks and patios, paved parking areas, drives or other paved areas. If open space is not maintained in a natural and undisturbed state, it shall be maintained as a landscaped or sodded area.

Ordinary high water mark means the line at which the upland stops and the water begins.

Own means to hold legal or equitable title to a parcel of real property evidenced by instrument of conveyance lawfully recorded in the office of the county clerk.

Owner means the person, firm or corporation that holds legal or equitable title to a parcel of real property as evidenced by instrument of lawful conveyance.

Parcel means a lot or tract as defined by this ordinance.

Plan means a map or chart of a parcel of land or property which is drawn to scale and shows the existing or proposed location of boundary lines, buildings, structures, uses or any other required data or information.

Planned development project means a complex of structures and uses planned as an integral unit of development having common open spaces, yards, building setbacks and buffer strips and approved in accordance with the provisions of this ordinance.

Planned development project plan: A plan approved in accordance with the requirements of this ordinance for planned development projects or, with respect to planned development projects so designated on the Zoning District Map for the City of Sanford, Florida, upon initial adoption of this ordinance, the plan of such planned development project filed in the office of the administrative official on the effective date of this ordinance.

Planning and zoning commission means the City of Sanford Planning and Zoning Commission established by article VII [sic] of the Charter of the City of Sanford, Florida.

Platted subdivision means a subdivision plat which is duly recorded in the plat books in the office of the county clerk.

Porte cochere means an outdoor covered vehicular driveway at finished grade leading to the pedestrian entrance of a building which is neither designed for nor includes any space for vehicular off-street parking.

Premises means a parcel of land under unified ownership and all the structures on it.

Principal building means the building in which is conducted the principal use of the parcel in which it is situated.

Property line means the boundary of a parcel of real property under ownership as evidenced by an instrument or instruments of conveyance lawfully recorded in the office of the county clerk.

Required project improvements means all of the improvements required by the provisions of this ordinance for a particular type of land use or zoning district, including any buffer strip, screening or other project improvement required as a special condition or otherwise stipulated in conjunction with any official action approving such development. Project improvements proposed by the applicant and stipulated as improvements to be completed prior to any required final approval shall also be considered as required project improvements.

Road: The term "road" shall mean the same and be interchangeable with the term "street."

Sign: See Schedule K, Sign Regulations.

Site development permit means the permit issued by appropriate authority under the provisions of this ordinance, usually in conjunction with a building permit which authorizes the construction or alteration of a structure, and is required prior to such construction or alteration.

Story means that portion of a building between a floor and the next floor above, or if there is no next floor, the ceiling above.

Street means a right-of-way for vehicular traffic regardless of size or designation, but excluding accessways. The term "street" shall specifically include only the following right-of-way:

A.

A right-of-way of the state highway, county road system or city road system.

B.

An unvacated right-of-way in a platted subdivision.

C.

A right-of-way conveyed to and accepted by the city commission by deed recorded in the office of the county clerk prior to the effective date of the ordinance.

D.

A right-of-way established by maintenance under the provisions of Florida Statutes.

E.

A right-of-way, a deed for which is accepted by vote of the city commission and duly recorded in the office of the county clerk.

F.

An easement or right-of-way for access, the location, dimensions and terminal points of which are defined in a judgment entered by a court of competent jurisdiction.

G.

A private easement or right-of-way serving more than one parcel of record, existing prior to the effective date of this ordinance by issuance, prior to adoption of this ordinance, of a building permit or permits for parcels for which such easement is the sole access.

H.

A road existing prior to the effective date of this ordinance for which there is no formal right-of-way established of record but which was recognized as a prescriptive public easement prior to the adoption of this ordinance by issuance of a building permit or permits for parcels for which such easement is the sole access.

Structure means any combination of materials fabricated to fulfill a function in a fixed location on a parcel of land including buildings and signs.

Subdivision plat means a plat for the subdivision of land approved in accordance with the City of Sanford's subdivision regulations or the Seminole County subdivision regulations if platted prior to incorporation into the City of Sanford, Florida.

Substantial progress: The term "substantial progress" relating to the construction of any structure or the installation of any required project improvements shall mean that binding contracts for such construction or installation have been let, or, in the absence of such contracts, that the construction of such structure or installation of such improvements has progressed to a conclusive degree or that prerequisite conditions involving significant investment shall be completed. When construction is not a part of the use, substantial progress shall mean that the use is in operation in compliance with the conditions, stipulations and regulations governing such use.

Tract means a unit of land other than a lot which is occupied by, or to be occupied by, one principal building and its accessory buildings and including the open spaces, building setbacks, buffers and other improvements required by this ordinance. A tract may consist of one, or more, or portions of a tract of record.

A.

Tract area: The total area of land contained within the tract lines.

B.

Tract line: A boundary dividing a tract, right-of-way, adjoining tract, or other adjoining parcel of land.

1.

Front tract line: The tract line abutting a road right-of-way line.

2.

Rear tract line: The tract line opposite the front tract line.

3.

Side tract line: Tract lines other than the front or rear line.

C. Tract depth: The dimension of a tract measured perpendicular to the front tract line and tangent to the nearest part of the rear tract line.

D. Corner tract: A tract which abuts on two or more intersecting roads at their intersection.

E. Double frontage tract: Any tract other than a corner tract which abuts on two roads.

F. Tract of record: A tract the location and dimensions of which are specifically described as a discrete parcel in a deed, contract for deed or other instrument of conveyance duly recorded in the office of the county clerk prior to the effective date of this ordinance.

Use means the activities which take place on any land or premises and, when appropriate, the structures located thereon and designed for those activities.

Vacate or vacation when used with reference to the plat of a subdivision means the procedures for vacation and annulment of plats provided in F.S. ch. 177.

Variance means a departure from certain of the requirements of this ordinance permitted in accordance with the terms of this ordinance.

Yard means the land area surrounding the principal building on any parcel which is neither occupied or obstructed by a portion of the principal building from the finished grade to the sky or below the finished grade except where such occupancy, obstruction or encroachment is specifically permitted by this ordinance.

A.

Front yard: That portion of the yard extending the full width of the parcel and measured between the front parcel line and a parallel line tangent to the nearest part of the principal building.

B.

Rear yard: That portion of the yard extending the full width of the parcel and measured between the rear parcel line and a parallel line tangent to the nearest part of the principal building.

C.

Side yard: Those portions of the yard extending from the required front yard to the required rear yard and measured between the side parcel lines and parallel lines tangent to the nearest part of the principal building.

Unless the context otherwise provides, in this ordinance, words used in the present tense shall include the future, and the singular shall include the plural. The word "shall" is mandatory and "may" is permissive.

(Ord. No. 3821, § 6, 12-8-2003; Ord. No. 4172, § 10, 5-11-2009)

The words and phrases defined below have special or limited meaning as used in this ordinance and, as used in this ordinance, shall mean:

Accessory building: A detached building, including carports, the use of which is customarily clearly incidental and subordinate to that of the principal building and use located on the same parcel with such accessory building.

Accessory dwelling unit: One dwelling unit contained within the principal building located on the premises and occupied by the owner, relative of the owner-occupant, caretaker or watchman employed on the premises.

Accessory occupation: An occupation or activity which may be compatibly conducted and maintained within a dwelling unit and/or an accessory building to a one-family dwelling.

Accessory residential structure: One one-family dwelling located on the premises in addition to the principal building and occupied by the owner, relative of the owner-occupant, caretaker or watchman employed on the premises.

Accessory use: A use customarily and clearly incidental and subordinate to the principal use of the premises.

Adult arcade amusement center means an arcade or other similar entertainment enterprise or business at which electronic, mechanical, computer or other similar games of amusement, chance or skill are played, whether for consideration or not. The presence of games or gaming devices that are similar to, or in the nature of, slot machines shall result in a rebuttable presumption that the enterprise or business at which such machines are located is an adult arcade or amusement center. Adult arcades or amusement centers shall be referred to herein from time to time as "the enterprise or business."

Adult performance establishment: Any use that is defined as an adult performance establishment as set forth in Ordinance No. 3185, entitled "The City of Sanford Adult Entertainment Regulations" [chapter 10, article II of the Code of Ordinances].

Agricultural building: Any agricultural building accessory to the principal permitted farming, forestry, horticultural nursery farm, livestock, poultry or mining use of the land. The term "agricultural building" specifically includes greenhouses, frame houses, cloth houses, lathe houses and/or similar sheathing type structures accessory to horticultural nursery farm products.

Agricultural processing establishment: A premises, or portion of a premises, occupied by an establishment primarily engaged in the processing of agricultural products for sale, resale or other processing charge normally for the wholesale market, for inter-establishment transfer, or to order for other processors, rather than for direct retail sale to the domestic consumer. Processing refers to the mechanical or chemical transformation of agricultural products into new products and they include the use of material handling equipment and related storage facilities. Agricultural processing includes the assembling of component parts of processed products if the resulting new product is neither a structure nor other fixed improvement. The final product of agricultural processing may be finished in the sense that it is ready for utilization or consumption, or it may be semi-finished to become a raw material for an establishment engaged in further processing. Processing also includes the making, packaging, crating, shipping or any other similar activity that results in this part of the creating or changing the form of agricultural products including any major specialized cleaning or reconditioning operation or any other similar major original or restorative treatment.

Aircraft sales: A premises, or portion of a premises, occupied by an establishment primarily engaged in the retail selling of new and/or used aircraft, related new parts and accessories directly to ultimate consumers and not for resale. Aircraft sales establishments may include repair departments provided such repair departments are incidental and accessory to the principal retail selling of aircraft and related aircraft accessories.

Animal raising: The housing, penning, caging, boarding, keeping, training and/or raising of the following animals in the specified number(s) when such animals have reached the specified age as measured from birth: four or more dogs of four months; four or more cats of four months; three or more rabbits of ten weeks; one of more rare animals of ten weeks; one or more other specialty animals at eight weeks.

Auction sales establishment: A premises, or portion of a premises, occupied by an establishment primarily engaged in the selling of merchandise, goods and other items by means of auctioneer or other similar process of bidding on a routine or otherwise regularly scheduled basis.

Automobile and truck accessory sales and installation: A premises, or portion of a premises, occupied by an establishment primarily engaged in the retail selling and installation of automobile tires, batteries and other automobile and truck parts and accessories directly to ultimate consumers and not for resale. Automobile and truck accessory sales establishments includes installation of the automotive accessories sold on the premises provided such activities are incidental and accessory to the principal retail selling of tires, batteries and automotive accessories.

Automobile and truck rental: A premises, or portion of a premises, occupied by an establishment primarily engaged in renting or leasing passenger automobiles and/or trucks without drivers, as well as nonmotorized hauling trailers intended to meet the needs of ultimate consumers. Automobile and truck rental establishments may include maintenance facilities provided such maintenance facilities are designed for and incidental to the principal renting or leasing of passenger automobiles, trucks and nonmotorized hauling trailers.

Automobile and truck repair: A premises, or portion of a premises, occupied by an establishment on which a person, or persons, practice a vocation or occupation that performs a type of labor, act or work, that primarily results in the fixing and repair of automobiles and trucks intended for and directly incidental to the needs of ultimate consumers normally for a fee or charge.

Automobile and truck service: A premises, or portion of a premises, occupied by one or more of the following:

A.

Automobile parking establishment: A facility primarily used in providing commercial parking facilities on open air lots and/or structures for relatively short periods of time directly to meet the needs of ultimate consumers normally for a fee or charge.

B.

Automobile cleaning establishment: A facility primarily engaged in furnishing automobile washing, waxing, polishing, detailing and/or similar services except repairs, intended for and directly incidental to the needs of ultimate consumers normally for a fee or charge.

C.

Gasoline service station: An establishment primarily engaged in the retail selling of gasoline and lubricating oils directly to ultimate consumers and not for resale. Gasoline service stations may include the retail selling or minor automotive accessories, the performing of minor automotive repair work and the renting of small nonmotorized hauling trailers and/or trucks without drivers provided such activities are incidental and accessory to the principal retail selling of gasoline and lubricating oils,

Automobile rental office: A premises, or portion of a premises, occupied by an establishment primarily engaged in renting or leasing passenger automobiles without drivers intended to meet the needs of ultimate consumers. Automobile rental offices do not include nonmotorized hauling trailer or truck rental or leasing or maintenance facilities. In addition, the maximum number of rental automobiles that may be stored or parked on the premises at any one time shall not exceed ten such automobiles.

Automotive dealer sales: A premises, or portion of a premises, occupied by one or more of the following:

A.

Automobile and truck sales: An establishment primarily engaged in the retail selling of new and/or used automobiles and trucks and related new parts and accessories directly to ultimate consumers and not for resale. Automobile and truck sales establishments may include repair departments provided such repair departments are incidental and accessory to the principal retail selling of automobiles and trucks.

B.

Boat sales: An establishment primarily engaged in the retail selling of new and/or used boats, motors and related new parts and accessories directly to ultimate consumers and not for resale. Boat sales establishments may include repair departments provided such repair departments are incidental and accessory to the principal retail selling of boats, motors and related marine accessories.

C.

Farm equipment sales: An establishment primarily engaged in the retail selling of new and/or used farm tractors, equipment and machinery directly to ultimate consumers and not for resale. Farm equipment sales establishments may include repair departments provided such repair departments are incidental and accessory to the principal retail selling of farm tractors, equipment and machinery.

D.

Major equipment sales: An establishment primarily engaged in the retail selling of new and/or used road building equipment, construction equipment, industrial equipment and related large equipment and major machinery and related new parts and accessories and not for resale. Major equipment sale establishments may include repair departments if such department are incidental and accessory to the principal retail selling of large equipment and major machinery.

E.

Mobile home sales: An establishment primarily engaged in the retail selling of new and/or used mobile homes and related accessories directly to ultimate consumers on the premises and not for resale. Mobile home sales establishments may include maintenance facilities provided such maintenance facilities are incidental and accessory to the principal retail selling of mobile homes.

F.

Travel trailer sales: An establishment primarily engaged in the retail selling of new and/or used travel trailers and related new parts and accessories directly to ultimate consumers and not for resale. Travel trailer sales establishments may include maintenance facilities provided such maintenance facilities are incidental and accessory to the principal retail selling of travel trailers.

G.

Automotive specialty sales: An establishment engaged primarily in the retail selling of new and/or used motorbikes, motorcycles and similar automotive product specialties and related new parts and accessories directly to ultimate consumers and not for resale. Automotive specialty sales establishments may include repair departments provided such repair departments are incidental and accessory to the principal retail selling of motorbikes, motorcycles and similar automotive product specialties.

Bedroom: A single room for living purposes without cooking or other amenities that is located within a dwelling unit. Such a room is generally intended and designed to be utilized for human slumber. A bedroom shall not be construed to mean a sleeping room, sleeping unit or dwelling unit.

Boardinghouse is a term which includes the following:

A.

Lodginghouse: A building in which up to four sleeping rooms are provided for occupancy by persons with or without meals for compensation. A lodginghouse may include living quarters containing independent cooking facilities designed for the resident manager only.

B.

Roominghouse: A building, or portion of a building, in which five or more sleeping rooms are provided for occupancy by persons with or without meals for compensation. A roominghouse may include living quarters containing independent cooking facilities designed for the resident manager only.

C.

Dormitory, fraternity or sorority house: A building in which sleeping rooms are provided for occupancy by, and maintained as a place of residence exclusively for students affiliated with an academic or professional college or university, with or without meals, and when approved and regulated by such institution. A dormitory, fraternity or sorority house may include living quarters containing independent cooking facilities designed for the resident manager only.

D.

Bed and breakfast: A building in which up to four sleeping rooms are provided for occupancy by persons with limited meals for compensation. A bed and breakfast may include living quarters containing independent cooking facilities designed for the resident manager only.

Boat livery: A premises, or portion of a premises, where boats, boat motors, minor repair and maintenance of boats and boat motors and small boat hauling or launching facilities are provided and includes marinas.

Boat yards and ways: A premises, or portion of a premises, where facilities for the construction, reconstruction, major repair, maintenance and/or sale of boats, marine engines, equipment and services of all kinds are provided including marine railways, lifting or launching services, boat liveries and marinas.

Borrow pit: Extraction of minerals; quarrying of sand gravel, rock, peat or other material below grade; processing activities including washing, crushing, storing, distributing and activities of a similar nature.

Business and professional office: A building, or portion of a building, occupied by an establishment in which a person, or persons, practice a particular kind of occupation requiring specialized knowledge and often a long and intensive preparation that primarily results in a specialized aid, assistance or action directly or indirectly to the needs of individuals, clients or persons engaged in commerce or industry normally for a fee or charge.

Business training school: A building, or portion of a building, occupied by an establishment primarily engaged in furnishing nonacademic instruction and trade courses normally for a fee or charge.

Cemetery: A premises, or portion of a premises, occupied by an establishment whose primary function is to provide burial places or grounds. The term "cemetery" includes burial places or grounds for pet animals such as dogs, cats, rabbits, hamsters or other small animals, birds or reptiles but does not include livestock.

Central sewage treatment facilities: A premises, or portion of a premises, occupied by a structure designed for the treatment of sewage and intended to serve more than one tract, platted subdivision or planned development project.

Central water treatment facilities: A premises, or portion of a premises, occupied by a structure designed for the treatment of water and intended to serve more than one tract, platted subdivision or planned development project.

Church: A premises, or portion of a premises, occupied by a religious organization operated primarily for worship and related activities. The term "church" does not include day care facilities or educational facilities.

Commercial amusements: A premises, or portion of a premises, occupied by an establishment whose primary function is to provide profit oriented amusements and is engaged in the commercial operation of sports and recreational services normally on payment of a fee or admission charge. Commercial amusement establishments include commercial marinas, boat liveries and bingo parlors but does not include motion picture theaters, adult performance establishments or temporary commercial amusements.

Community residential home: A dwelling unit licensed to serve clients of the department of health and rehabilitative services, as covered in F.S. ch. 419, which provides a living environment for one to six or for seven to 14 unrelated residents who operate as the functional equivalent of a family, including such supervision and care by supportive staff as may be necessary to meet the physical, emotional, and social needs of the residents. As used in this definition "resident" means any aged person; physically disabled or handicapped person; developmentally disabled person; nondangerous mentally ill person; or child as defined in the Florida Statutes.

Cultural facility: A premises, or portion of a premises, occupied by such establishments as museums, art galleries and arboreta, botanical and zoological gardens.

Day care facility: A premises, or portion of a premises, occupied by person or establishment licensed to provide day care and related services to unrelated individuals for periods of time less than 24 hours. Day care facilities may include living quarters containing a kitchen located within the principal building and designed for the resident family, owner, caretaker or watchman employed on the premises.

Domestic and business service: A premises, or portion of a premises, occupied by an establishment in which a person or persons, practice a vocation that performs a type of labor, act or work, that results primarily in a specialized aid or assistance intended and directly incidental to the customer's domestic or business operations normally for a fee or charge.

Drive-in restaurant: An eating and drinking establishment designed to provide for the quick, efficient and convenient ordering and dispensing of food and/or beverages to automobile oriented customers. Such establishments normally specialize in carryout purchases which may be consumed on the premises, within automobiles or off the premises entirely. Off-street parking, automobile access to the premises and automobile drive-through window service or similar in-car service facilities normally constitute a major service factor in the function of the establishment.

Dwelling: A building containing one or more dwelling units each of which provides shelter, sanitation and the amenities for permanent human habitation. A dwelling does not include hotels, motels, boardinghouses, day care facilities, residential care facilities, mobile homes, travel trailers or any temporary lodging, boarding or rooming building or structure designed for transient residence.

Dwelling unit: The living accommodations designed for one family. A dwelling unit shall not be construed to mean a sleeping unit.

Eating and drinking establishment: A building, or portion of a building, occupied by an establishment in which a person, or persons, practice a vocation that performs a type of labor, act or work, that primarily results in the preparation and retail sale of food and/or beverages directly to ultimate consumers and not for resale.

Education facilities: A building, or portion of a building occupied by an establishment primarily engaged in furnishing accredited academic courses and/or technical instruction. Educational facilities include Grade K through post-graduate and vocational educational courses.

Efficiency: A multiple-family dwelling unit consisting of not more than one habitable room together with cooking and sanitary facilities. An efficiency shall not be construed to mean a sleeping unit, bedroom or sleeping room.

Family: One person, or group of two or more persons occupying a dwelling unit as a separate and independent housekeeping unit with a single set of culinary facilities. The persons thus constituting a family may also include gratuitous guests and domestic servants. Unless all persons are related by blood, marriage, adoption or foster care responsibility, no such family shall contain over five persons.

Farming: A premises, or portion of a premises, occupied by an establishment primarily having as the principal purpose of business the production for sale of field crops, fruit, tree nuts and/or vegetables.

Farming service establishment: A premises, or portion of a premises, occupied by an establishment in which a person or persons, practice a vocation that performs a type of labor, act of work, off the premises that primarily results in a variety of farming services such as crop dusting, vegetable and fruit packing, harvesting, plowing and similar operations on a given farming premises normally on a contract basis or for a fee or charge.

Fishery: A premises, or portion of a premises, occupied by an establishment primarily engaged in commercial fishing and the operation of fish hatcheries or fishing preserves.

Forestry: A premises, or portion of a premises, occupied by an establishment primarily engaged in the commercial operation of timber tracts, forest nurseries and related activities such as reforestation services and the gathering of gums, barks, needles, sap, Spanish moss and other forest products.

Forestry service establishment: A premises, or portion of a premises occupied by an establishment in which a person, or persons, practice a violation or occupation that performs a type of labor, act or work, off the premises that primarily results in services related to timber production, wood technology, forestry economics and marketing, and other forestry services such as firefighting, reforestation and similar operations on a given forestry premises normally on a contract basis for a fee charge.

Funeral home and/or crematory: A building or portion of a building occupied by an establishment primarily engaged in preparing the dead for burial, conducting funerals and/or cremating the dead and may include emergency ambulance service.

Government owned use: Any land, building, structure, use or activity that is owned and operated by the city, county, state or federal government or legally empowered special governmental district and is necessary to the conduct of government, the furnishing of public services or of an institutional character and over which such governments exercise direct and complete control. Government owned uses are subject to the same requirements as non-government owned uses of the same type except as otherwise provided for in the ordinance. Government owned uses for which there is no similar non-government owned use shall be permitted in any zoning district subject to approval by the city commission after due public notice as required for in the provisions of this ordinance for amendments to the zoning district map.

Hazardous: Manufacturing and/or wholesale and storage that include uses and/or activities involving explosive, radioactive, corrosive, toxic, combustible or flammable materials or wastes, incinerators or furnaces, fertilizer and petroleum products of any kind.

Health club: An establishment, including saunas and steam baths, offering facilities for, and instruction in, general health, physical fitness, and controlled exercises such as weight lifting, calisthenics and aerobics.

Home occupation: An occupation or activity which may be compatibly conducted by the occupant and maintained within a dwelling unit. Such activities shall be incidental to the principal residential use of the premises.

Horticultural nursery farm: A premises, or portion of a premises, occupied by an establishment primarily having as the principal purpose of business the production of horticultural specialty products for the purpose of non-retail sales in bulk quantities to persons who intend resale of the products so bought. Horticultural nursery farms do not include landscaping service establishments or horticultural nursery sales.

Hospital/medical clinic: A building, or portion of a building, occupied by an establishment primarily engaged in providing health and mental inpatient facilities, in which medical or surgical services are a main function and may include emergency ambulance and rescue service.

Hotel: A building, or portion of a building, containing sleeping units which have no cooking facilities or other amenities for separate and independent housekeeping purposes and are occupied on a daily or shortterm basis. A hotel may include living quarters containing independent cooking facilities designed for the resident manager only and/or restaurant facilities.

Indoor: That which is within a wholly enclosed building.

Junkyard: A premises, or portion of a premises, occupied by an establishment primarily engaged in the accumulation, storage and/or processing of discarded or leftover materials which are no longer of enough value or effectiveness to be retained in their original condition and includes articles or parts which have been discarded and are intended for permanent dismantlement and/or destruction.

Junkyards may include the selling of various articles, parts and/or materials salvaged as a result of the junkyard operation provided, however, that such sales shall be incidental and accessory to the principal accumulation, storage and/or processing of discarded or leftover materials, articles or parts which have been discarded and are intended for permanent dismantlement and/or destruction.

Landscaping service establishment: A premises, or portion of a premises, occupied by an establishment in which a person, or persons, practice a vocation that performs a type of labor, act or work, off the premises that primarily results in horticultural services on a given premises normally on a contract basis or for a fee or charge. Landscaping services establishments do not include horticultural nursery farms or horticultural nursery sales.

Laundromats - self-service or coin-operated: A building, or portion of a building, occupied by an establishment designed primarily to provide limited laundry and dry cleaning facilities which are used and operated by ultimate consumers on the premises on a self-service basis for a fee or charge.

Laundry and dry cleaning plant: A building, or portion of a building occupied by an establishment primarily engaged in the commercial operation of mechanical laundries with steam or other power normally for a fee or charge or establishments supplying laundered items on a contract basis when laundry facilities are located on the same premises. Laundry and dry cleaning plants normally involve a substantial amount of equipment and serves a relatively large trade area through direct or indirect pickup and delivery of laundry and dry cleaning articles by personnel employed by the establishment.

Laundry and dry cleaning pickup establishment: A building, or portion of a building, occupied by an establishment designed primarily for the convenient and efficient pickup of and/or drop-off of laundry or dry cleaning by a persons not employed by the establishment. No actual laundry or dry cleaning service or work is performed on the premises except for the collecting and distributing activities stated above.

Library: A building, or portion of a building, occupied by an establishment where books are kept for use and not for sale.

Livestock: Any domesticated hoofed quadrupeds held as property, raised for personal use or raised for the production of livestock and livestock products for sale. The term "livestock" includes the boarding, breeding, training, exercising, care and treatment of horses on the premises and the accessory facilities and structures designed for such purposes.

Major equipment rental: A premises, or portion of a premises, occupied by an establishment primarily engaged in renting or leasing large equipment and major machinery and including maintenance facilities provided such maintenance facilities are designed for and incidental to the principal renting or leasing of large equipment and major machinery.

Major equipment repairs: A premises, or portion of a premises, occupied by an establishment in which a person, or persons, practice a vocation or occupation that performs a type of labor, act of work, that primarily results in the fixing and repair of large equipment and major machinery normally for a fee or charge. Major equipment repair also includes the fixing and repair of mobile homes and large farm equipment.

Major subdivision: Any subdivision not classified as a minor subdivision.

Manufacturing: A premises, or portion of a premises, occupied by an establishment primarily engaged in the processing of materials, products or personal property. Processing refers to the mechanical or chemical transformation of inorganic or organic substances into new products and usually includes the use of power-driven machines and material handling equipment. Processing includes the assembling of component parts of processed products if the resulting new product is neither a structure nor other fixed improvement. The final product of processing may be finished in the sense that it is ready for utilization or consumption, or it may be semi-finished to become a raw material for an establishment engaged in further processing. Processing also includes the making, packaging or any other similar activity that results in the creating or changing the form of materials, products or personal property including any major specialized cleaning or reconditioning operation or any other similar major original or restorative treatment. The term "manufacturing" does not include the fabricating operations performed at the site of construction by construction or contractor establishments nor the incidental and accessory minor processing operations performed by retail sales, service and repair establishments and other domestic consumer and business operation customer establishments so defined by this ordinance provided, however, that such processing is performed as a specialized aid, assistance of customer service intended for and directly incidental to the needs of ultimate consumers served on the premises or as a customer service directly for the domestic consumer and business operation customer served by the establishment or if all products processed are sold at retail directly to ultimate consumers and not for resale. Manufacturing includes boat yards and ways and research and testing laboratories but does not include agricultural processing establishments, junkyards, or mining.

Marina: Premises, or portion of a premises, where covered or uncovered boat slips, dock space, dry storage facilities, marine fuel, lubricants, food, drink, and/or sundry items are provided.

Mining: The extraction of limerock, phosphate and minerals occurring naturally such as ores, petroleum and natural gas and quarrying of sand, gravel, rock, fill material and peat. Mining also includes processing activities such as well operation, washing, crushing, screening, flotation, storing and distributing necessary in conjunction with mining activities to render the materials marketable.

Minor subdivision: A subdivision of land of not more than five lots, provided that such subdivision does not involve the dedication of streets or easements to the City of Sanford or the provision of access or utilities to a lot, tract or use by means of a right-of-way or easement established after the effective date of this ordinance.

Mobile home: A detached building containing one dwelling unit which:

A.

Is identified by the manufacturer and/or the City of Sanford Building Code as a mobile home and/or displays a motor vehicle license plate identifying it as a mobile home.

B.

Is a portable unit designed to be transported after fabricating on its own detachable wheels, or on a flatbed vehicle or other similar hauling facilities.

C.

Is designed primarily for longterm permanent occupancy and contains sleeping accommodations, a flush toilet, a bathtub or shower and kitchen facilities with plumbing and electrical connections provided for attachment outside systems.

D.

Normally arrives at the site where it is to be occupied as a complete unit, including major appliances and furniture, and ready for occupancy except for minor and incidental unpacking and assembly operations, location on foundation supports, connection to utilities, and the like.

The term "mobile home" does not include dwellings or travel trailers.

Motel: A building, or portion of a building, containing sleeping units which may or may not have cooking facilities and are normally occupied on a daily or shortterm basis. A motel may include living quarters containing individual cooking facilities designed for the resident manager only and/or restaurant facilities.

Motion picture theater: A premises, or portion of a premises, occupied by an establishment primarily engaged in the commercial exhibition of motion pictures normally open to the general public for a fee or charge.

Noncommercial amusement facility: A premises, or portion of a premises, occupied by facilities whose function is to provide nonprofit oriented amusements and includes the noncommercial operation of sports and recreational services normally without the payment of a fee or admission charge. Noncommercial amusement facilities include noncommercial marinas, noncommercial boat liveries and nonprofit clubs.

Nonhazardous: Manufacturing and/or wholesale storage that includes uses and/or activities that are not defined as hazardous.

Nonmotorized hauling trailer: A vehicular portable and nonmotorized enclosure designed primarily for the transporting and movement of goods and materials from one place to another and includes related nonmotorized hauling accessories and moving aids.

Nonprofit club: A premises, or portion of a premises, owned and operated by a group of association of persons and maintained and operated solely by and for the members of such group of association and their guests and is not available for unrestricted public access or use. Nonprofit clubs include golf, country, yacht, fraternal and similar noncommercial groups and associations of persons and related facilities.

Outdoor: That which is not within a wholly enclosed building.

Poultry: Domestic fowl held as property, raised for personal use or raised for the production of poultry or poultry products for sale.

Printing and publishing: A building, or portion of a building occupied by an establishment in which a person, or persons, practice a vocation or occupation that performs a type of labor, act or work, that primarily results in publishing and printing of documents and/or materials such as but not limited to newspapers, business forms, brochures and similar materials.

Private airport: Any designated area of land which is used for the landing and takeoff of aircraft, including rotorcraft, which is licensed by the State of Florida to be used only by the licensee or by invitation of the licensee and is not open for use by the public.

Private carport: A building or portion thereof enclosed on two sides or less and designed for the parking or storage of an automobile(s) as an accessory use or structure with a dwelling unit.

Private garage: A building or portion thereof enclosed and designed for the parking and storage of automobiles as an accessory use or structure with a dwelling unit.

Public service structure: Any structure that is necessary for the operation and maintenance of a utility that is regulated or controlled by the city, county, state or federal government or legally empowered special governmental district, but not owned and operated by such government. Buildings intended for general administrative, executive, studio, warehousing or storage functions or general maintenance operations of a utility shall not be considered as public service structures. Potable central water storage towers associated with a utility shall be considered as public service structures; however, central gas, petroleum or similar hazardous material storage structures of a utility shall not be considered as a public service structure. Central power generating plants and related facilities shall be considered as public service structures subject to compliance with the Florida Electrical Power Plant Siting Act, F.S. ch. 403. Central solid waste collection stations, containers or garbage boxes serving more than one parcel or planned development project shall be considered as public service structures if the site on which such structure or facility is located has been specifically approved for such use by the city commission. Specifically approved and recorded easement, right-of-way and land or water areas, when referred to in regard to public service structures, shall include platted subdivisions, planned development project plans, master central water and sewer development plans approved by the appropriate City of Sanford officials and any easement or right-of-way of a utility that is regulated or controlled by a city, the county, state or federal government or a legally empowered special governmental district.

Public transportation terminal means a premises, or portion of a premises, occupied by an establishment primarily engaged in providing public use passenger transportation by railway, highway, water or air normally for a fee or charge. Public transportation terminals may include maintenance facilities, and/or freight transportation provided such maintenance facilities and/or freight transportation is incidental and accessory to the principal public use passenger transportation services.

Research and testing laboratory: A premises, or portion of a premises, occupied by an establishment primarily engaged in research and testing on a commercial basis normally on a contract basis for a fee or charge or nonprofit organization primarily engaged in research and the dissemination of information for the public health or welfare. (See Manufacturing.)

Residential care facility: A building or portion of a building that constitutes a living facility which operates to provide the physical, emotional and social needs of its residents in a family-like setting for a minimum of 15 residents. As used in this definition "resident" means any aged person as defined in F.S. § 400.618(3); physically disabled or handicapped person as defined in F.S. § 760.22(5)(a); developmentally disabled person as defined in F.S. § 393.063(6); nondangerous mentally ill person as defined in F.S. § 394.455(3); or child as defined in F.S. §§ 39.01(8) and (10). Such facilities shall include, but are not limited to: foster homes, group homes, family shelter homes and adult congregate assisted living facilities as those terms are defined in the Florida Statutes.

Restaurant: An eating and drinking establishment where meals, drinks and refreshments may be purchased for consumption on-premises. designed primarily to serve walk-in or pedestrian oriented customers. Such establishments normally specialize in foods and/or beverages which are consumed on the premises within the confines of the principal building itself.

While automobile off-street parking space is normally included on the premises, automobile access and automobile drive-through window service and/or similar in-car service facilities normally does not constitute a major service factor in the function of the establishment.

Retail sales and service: A premises, or portion of a premises, occupied by one or more of the following:

A.

Antique store: An establishment primarily engaged in the retail selling of antique items and related accessories directly to ultimate consumers.

B.

Convenience store: A small, often franchised, commercial retail business that is open long hours and which provided food and non-food items for sale to the consumer in small quantities. This type of use does not include the dispensing of gasoline.

C.

Department store: An establishment selling a wide variety of goods arranged in several departments.

D.

Domestic and business repair: An establishment in which a person or persons, practice a vocation that primarily performs a type of labor, act or work, the results in the fixing and repair of and article of merchandise or piece of equipment intended for and directly incidental to the customer's business of domestic use normally for a fee or charge and not for resale.

E.

Domestic rental: An establishment primarily engaged in renting or leasing small miscellaneous merchandise, products or goods directly to ultimate consumers.

F.

Farm supply sales: An establishment primarily engaged in retail selling of farm and garden hardware and supplies directly to ultimate consumers and not for resale.

G.

Horticultural nursery sales: An establishment primarily engaged in the retail selling of horticultural specialty products directly to ultimate consumers and not for resale. Horticultural nursery sales does not include horticultural nursery farms or landscaping service establishments.

H.

Large retail goods establishment: Commercial establishment selling goods that require a large amount of display area and which are often delivered to the consumer after the time of purchase including, but not limited to, appliances, furniture, building and home improvement supplies, wall paper and carpeting.

I.

Personal service establishment: An establishment in which a person, or persons, practice a vocation that performs a type of labor, act or work that results primarily in a specialized aid or assistance directly to the personal needs of ultimate consumers normally served on the premises for a fee or charge. Personal service establishments do not include laundry and dry cleaning plants or pharmacies/drugs stores or medical marijuana dispensing facility facilities.

J.

Retail goods establishments: Commercial establishments that serve both the day-to-day and the more durable needs of a community including, but not limited to, supermarkets, bakeries, drug stores, florists, gift and specialty stores, optical supplies, pet shops, discount stores, book and stationery stores, meat and seafood markets, toy stores, jewelry stores.

K.

Secondhand store: An establishment primarily engaged in the retail selling of used merchandise and good directly to ultimate consumers and not for resale. Secondhand stores may include repair departments provided such repair departments are incidental and accessory to the principal retail selling of used merchandise and goods.

Roadside fruit and vegetable sales: A premises, or portion of a premises, occupied by an establishment primarily engaged in the retail selling of field crops, fruit, tree nuts and vegetables displayed outdoors directly to ultimate consumers on the premises and not for resale. The term "roadside fruit and vegetable sales" does not include the selling of livestock or livestock products but does include the accessory packing, crating and shipping of farm products sold at retail on the premises.

Sleeping room: A single room rented for living purposes but without cooking facilities or other amenities for separate and independent housekeeping. A sleeping room shall not be construed to mean a dwelling unit or sleeping unit.

Sleeping unit: A single room or suite intended for occupancy by persons who are lodged with or without meals for compensation. A sleeping unit shall not be construed to mean a dwelling unit.

Small animal boarding kennel: A premises, or portion of a premises, occupied by an establishment primarily having as the principal purpose of business the boarding and keeping of dogs and/or other specialty animals normally for a fee or charge. Small animal boarding kennels may provide grooming services.

Solid waste disposal facilities: A premises, or portion of a premises, occupied by an establishment primarily engaged in the disposal of solid waste, rubbish, refuse and garbage, excluding animals, obtained from more than one parcel or planned development project.

Temporary commercial amusement: A transient activity which does not require the construction of permanent structures nor involve the use of any premises for an extended period of time and which is provided by an establishment primarily engaged in the commercial operation of such activity for a profit, fee, admission charge or other similar means of compensation. Temporary commercial amusements include circuses, carnivals, fairs and similar promotional enterprises of a transient nature.

Temporary construction activities: A transient use of the premises on which a permitted use is under construction, or, the transient use of a parcel located within a subdivision or planned development project which is under construction or contains new housing units or parcels for sale, provided such transient use is necessary to provide essential promotion, sales, storage and related activities which shall occur only during construction and/or sale of new housing units or parcels and which terminates upon completion of the construction, sales of all parcels and sale of all new housing units. Temporary construction activities include the following uses: temporary real estate sales offices; model housing units; offices for persons engaged in construction of the project; construction materials storage, processing and fabrication; equipment storage; housing; radio transmitting equipment; and similar uses of a transient nature which are not considered or authorized as part of the activities normally associated with the construction of a permitted use for which a valid land use permit has been issued or the construction of a subdivision or planned development project.

Temporary noncommercial amusement facility: A transient activity which does not require the construction of permanent structure nor involve the use of any premises for an extended period of time and which is provided by and/or sponsored by a nonprofit club.

Travel trailer: A vehicular portable unit which:

A.

Is identified by the manufacturer as a travel trailer or recreational vehicle; or

1.

Is not more than eight feet in body width; or

2.

Is of any weight provided its body length does not exceed 32 feet; or

3.

Is of any length provided its gross weight, factory equipped for use, does not exceed 4,500 pounds.

B.

Is designed primarily for shortterm temporary living and sleeping purposes for travel, recreation and vacation purposes.

C.

Include units designed to be mounted on, or attached to, a truck or automobile chassis of motorized self-propelled vehicles constructed as an integral unit.

D.

Removal of the means of conveyance from a travel trailer or the construction of a permanent foundation for a travel trailer does not change the meaning of the word "travel trailer" as defined or used in the ordinance.

Veterinarian and animal hospital: A premises, or portion of a premises, occupied by an establishment engaged in providing health care, in which a person, or persons, practice a vocation or occupation that performs a type of labor, act or work, that primarily results in the medicine, dentistry, surgery and/or similar animal hospital and veterinarian procedures and services to animals normally for a fee or charge. Veterinarian and animal hospital include grooming and boarding facilities.

Welding establishment: A premises or portion of a premises, occupied by an establishment in which a person, or persons engage in the welding of an article of merchandise or piece of equipment intended for and directly incidental to the needs of ultimate consumers normally for a fee or charge.

Wholesale and storage: A premises, or portion of a premises, occupied by one or more of the following:

A.

Construction and contractor yard: An establishment in which a person, or persons, practice a vocation or occupation that performs a type of labor, act or work, off the premises that directly results in the fabrication, construction, addition, alteration, repair or development of land, buildings or structures on a given premises normally on a contract basis or for sale, resale, lease, rent or for a fee, charge or other means of compensation and including the equipment, materials and other items utilized by such person, or persons, in practicing their vocation or occupation. Construction and contractor yard establishments may include maintenance facilities provided such maintenance facilities are designed to be utilized only for the maintenance of equipment accessory and incident to the principal use and activities of the construction and contractor yard establishment which is located on the premises.

B.

Heating fuel sales: An establishment engaged primarily in the retail selling of coal, wood, heating fuel oil and/or bottled gas directly to ultimate consumers and not for resale.

C.

Motor freight transportation: An establishment primarily engaged in furnishing local or long distance trucking, transfer and draying services with or without the storage of merchandise, products or materials normally for a fee or charge and including maintenance and storage facilities provided such maintenance and storage facilities are designed for and incidental to the principal trucking and freight handling services.

D.

Nonretail sales and service: An establishment primarily engaged in the non-retail selling of merchandise, products, or materials in bulk quantities directly to person who intend resale of the merchandise, products or materials so bought or handled; or, where merchandise, products or materials are stored or held primarily for safekeeping until later disposal or distribution usually for a fee or charge or delivery departments or warehouses operated by business concerns for their own use.

(Ord. No. 3195, § 1, 1-10-1994; Ord. No. 3821, § 6, 12-8-2003; Ord. No. 4434, § 2(a.)(Exh. A), 2-26-2018)