30.3.1.1 The Board of County Commissioners of Seminole County shall appoint a commission of seven (7) qualified electors of Seminole County to be known as the Planning and Zoning Commission. Said members shall be appointed for four (4) year terms and not more than a minority of the terms of such members shall expire in any one (1) year.

30.3.1.2 The Board of County Commissioners may, from time to time, amend or supplement the County's land development regulations and zoning classifications. Proposed changes may be recommended by the Planning and Zoning Commission. Additionally, any owner of affected property may make application for a change in the property's zoning classification on a form prescribed by the current planning office; provided, however, that the applicant shall assume all of the costs of any public hearings and all other costs incidental to the holding of a public hearing and the application.

30.3.1.3 The Planning and Zoning Commission, regardless of the source of the proposal for change, shall hold a public hearing or hearings thereon, with due public notice, to consider the proposed change and submit in writing its recommendations on the proposed change to the Board of County Commissioners for official action.

30.3.1.4 The Planning and Zoning Commission shall also constitute the County's land planning agency in accordance with Chapter 7 and have the duties and responsibilities set forth therein.

30.3.1.5 Special exceptions.

(a)

The Planning and Zoning Commission shall hold a public hearing or hearing to consider a proposed special exception and submit in writing its recommendations on the proposed action and if the special exception should be denied or granted with appropriate conditions and safeguards to the Board of County Commissioners for official action. After review of an application and a public hearing thereon, with due public notice, the Board of County Commissioner may allow uses for which a special exception is required; provided, however, that said Board must first make a determination that the use requested:

(1)

Is not detrimental to the character of the area or neighborhood or inconsistent with trends of development in the area; and

(2)

Does not have an unduly adverse effect on existing traffic patterns, movements and volumes; and

(3)

Is consistent with the County's comprehensive plan; and

(4)

Will not adversely affect the public interest; and

(5)

Meets any special exception criteria described in Additional Use Standards; and

(6)

Meets the following additional requirements if located in the applicable zone:

a.

If located in A-10, A-5, A-3, or A-1:

i.

Is consistent with the general zoning plan of the rural zoning classifications; and

ii.

Is not highly intensive in nature; and

iii.

Is compatible with the concept of low-density rural land use; and

iv.

Has access to an adequate level of public services such as sewer, water, police, fire, schools and related services.

b.

If located in OP:

i.

Is consistent with the general zoning category and plan of the OP Office District.

i.

Is compatible with the concept of low intensity of land usage and site coverage.

iii.

Has access (where applicable) to urban services, such as, sewer water, police, fire, and related services.

iv.

Will not create, by reason of its characteristics, a requirement for the granting of a variance as a prerequisite to the granting of said special exception, especially (by way of illustration and not limitation) variances relating to setbacks, lot size, building height, lot coverage, access, or parking and loading.

c.

If located in RP:

i.

Is not detrimental to the character of the area or neighborhood or inconsistent with the trends of development in the area; and

ii.

Is not incompatible with the concept of low intensity of land usage and site coverage; and

iii.

Does not have an unduly adverse effect on existing traffic patterns, movements, and intensity.

(b)

Conditions on special exceptions. In granting any special exception, the Planning and Zoning Commission may recommend and the Board of County Commissioners may prescribe appropriate conditions and safeguards. Violation of such conditions and safeguards when made a part of the terms under which the special exception is granted, shall be deemed a violation of this Chapter. The Planning and Zoning Commission may recommend and the Board of County Commissioners may prescribe a reasonable time limit within which the action for which the special exception is required shall be begun or completed, or both.

(c)

Application for special exception. An applicant for a special exception shall file with the Planning & Development Division a written application accompanied by payment of the appropriate fees, and a conceptual plan. The conceptual plan should include a simple development plan drawn to an appropriate scale indicating the legal description, lot area, site dimensions, right-of-way location and width, tentative parking areas and number of parking spaces, proposed building location and setbacks from lot lines, total floor area proposed for building, proposed points of access with tentative dimensions, locations of identification signs not on building, proposed location of existing easements, location of existing trees on-site and their common name, number of trees to be removed and retained as required by Seminole County Arbor Regulations, and a general plan for proposed landscaping.

(Ord. No. 2024-02, § 7(Exh. B), 1-9-24).

30.3.2.1 A Planning and Development Division Manager, herein after referred to as the Planning Manager, shall be designated by the County Manager as the administrative official to direct the activities of the planning office or its successor, to furnish information and assistance to the Planning and Zoning Commission, to the Board of County Commissioners, and to enforce the provisions of the zoning regulations.

30.3.2.2 It is the intent of these land development regulations that questions of interpretation and enforcement shall first be presented to the Planning Manager that such questions shall be presented to the Board of Adjustment only on appeal.

30.3.2.3 The Planning Manager shall have the power to grant an application for a setback variance in residential zoning classifications when the variance requested is equal to or less than ten (10) percent of the required setback requirement; provided, however, that only one (1) variance on a property may be granted under this procedure. If the Planning Manager denies an application for a variance, such denial may be appealed to the Board of Adjustment in accordance with the provisions of Section 30.3.3.

(Ord. No. 2024-02, § 7(Exh. B), 1-9-24).

30.3.3.1 Appointment. The Board of Seminole County Commissioners shall appoint a Board of Adjustment which shall have not less than five (5) nor more than ten (10) members. Said members shall be appointed for four-year terms and not more than a minority of the terms of such members shall expire in any one (1) year. In addition, the Board of Commissioners may appoint not more than two (2) alternate members, designating them as such. Such alternate members may act in the temporary absence or disability of any regular member or may act when a regular member is otherwise disqualified in a particular case that may be presented to the Board. No member or alternate member of the Board of Adjustment shall be a paid or elected official or employee of the governing body involved.

30.3.3.2 Powers and duties. The Board of Adjustment shall have the following powers and duties:

(a)

Appeals from Planning Manager. To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the Planning Manager under the provisions of this Code. In exercising its powers, the Board of Adjustment may, upon appeal and in conformity with provisions of this Code, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination made by Planning Manager, and make such order, requirement, decision or determination as ought to be made and, to that end, shall have all powers of the Planning Manager. A majority vote of all members of the Board shall be necessary to reverse any order, requirement, decision, or determination of the Planning Manager or to decide in favor of the applicant on any matter upon which the Board is required to pass under this Code.

(b)

Variances. To grant variances that are not contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of Chapter 30 will result in unnecessary and undue hardship. In order to grant a variance, the Board of Adjustment must first determine:

(1)

That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning classification; and

(2)

That the special conditions and circumstances do not result from the actions of the applicant; and

(3)

That granting the variance requested will not confer on the applicant any special privilege that is denied by Chapter 30 to other lands, buildings, or structures in the same zoning classification; and

(4)

That literal interpretation of the provisions of Chapter 30 would deprive the applicant of rights commonly enjoyed by other properties in the same zoning classification and would work unnecessary and undue hardship on the applicant; and

(5)

That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure; and

(6)

That the grant of the variance will be in harmony with the general intent and purpose of Chapter 30, will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.

(c)

Conditions on variances. In granting any variance, the Board of Adjustment may prescribe appropriate conditions and safeguards. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this Chapter. The Board of Adjustment may prescribe a reasonable time limit within which the action for which the variance is required shall be begun or completed, or both.

(d)

Limitation of powers. Under no circumstances shall the Board of Adjustment grant a variance to permit a use not generally or by special exception permitted in the zoning classification involved, or any use expressly or by implication prohibited by the terms of this Chapter in the said zoning classification. No variance shall be granted to any definition or element of such definition as adopted in Section 2.3. No nonconforming use of neighboring lands, structures, or buildings in the same zoning classification, and no permitted use of lands, structures, or buildings in other zoning classifications shall be considered grounds for the authorization of a variance.

30.3.3.3 Appeal to the Board of Adjustment from decision of the Planning Manager. Appeals to the Board of Adjustment may be taken by any person aggrieved or by any officer, Board, or bureau of the County affected by any decision of the Planning Manager under this Code. Such appeal shall be taken within thirty (30) days after such decision is made by filing with the Planning Manager a notice of appeal specifying the grounds thereof. The appeal shall be in such form which provides a notice of the decision appealed and a discussion of the alleged error in the decision. The Planning Manager shall, upon notification of the filing of the appeal, forthwith, transmit to the Board of Adjustment all the documents, plans, papers, or other materials constituting the record upon which the action appealed from was taken.

30.3.3.4 Notice Required on Hearing of Appeal. The Board of Adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide same within a reasonable time. Upon the hearing any party may appear in person or by agent or by attorney. For procedural purposes, an application for a special exception and an appeal of a decision of the Planning Manager shall be presented by the Planning Manager before the applicant or appellant makes a presentation.

30.3.3.5 Appeals from Board of Adjustment Decision. Any person, or persons, jointly or severally, aggrieved by any decision of the Board of Adjustment, may, within fifteen (15) days after the filing of any decision in the office of the Planning Division, but not thereafter, apply to the Board of County Commissioners for relief. The appeal before the Board of County Commissioners shall be de novo. The applicant for the special exception shall make the initial presentation to the Board after County staff has advised the Board of the procedural history of the case.

30.3.3.6 An appeal to the Board of County Commissioners shall stay all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Board of County Commissioners, after the notice of appeal shall have been filed with him, that by reason of acts stated in the certificate, a stay would, in his opinion, cause imminent peril to lives or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of County Commissioners or by a court of record on application, on notice to the officer or Board from which the appeal is taken, and on due cause shown. The Board of County Commissioners shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the rendering of a decision, any party may appeal. Decisions shall be rendered by filing a copy of the order of the Board with the Clerk to the Board. Upon approval of a special exception or variance by the Board or the Board making a ruling relative to the appeal of a decision made by the Planning Manager, any development orders or permits may be issued consistent with the Board's decision unless stayed or enjoined by a court of competent jurisdiction.

(Ord. No. 2024-02, § 7(Exh. B), 1-9-24).

30.3.4.1 Public Notice Procedure for Amendments to the Future Land Use Map, Zoning Map, Non-Residential Variances and Special Exceptions. Public notification shall be consistent with the requirements for advertisement and notice of an amendment to a comprehensive plan found in Sections 163.3181 and 125.66, Florida Statutes.

(a)

Placards:

(1)

In addition to the applicable procedures established by State law, a placard must be posted by the applicant/petitioner/appellant in accordance with the following procedures:

a.

The Planning and Development Division shall prepare placards and provide direction to applicants for posting;

b.

Placards shall be a minimum of 24" × 36" in size. A minimum of two (2) placards shall be required per property or project. At the discretion of the Planning Manager the number of placards on a property or project may be increased.

c.

Placards shall be clearly visible from a public or private street, way, or place, preferably a collector or arterial road whenever possible; Placards shall be posted at least fifteen (15) days prior to a scheduled public hearing;

d.

Placards shall state the time and place of the hearing and the nature of the matter to be discussed;

e.

Affidavit of proof of the required publication and placards posting shall be presented to staff prior to the public hearing by the applicant/petitioner/appellant and shall be made a part of the record of the proceeding; and

f.

Failure to post the placards shall not be cause for continuation or rescheduling of a public hearing.

30.3.4.2 Mailed Notices.

(a)

The County will provide notice by U.S. Mail, at least fifteen (15) days prior to the scheduled public hearing, to all known owners of surrounding properties according to the Notification Buffer Table in paragraph (b) below.

(b)

The County shall use the latest ad valorem tax records in the Seminole County Property Appraiser's Office in compiling a list of property owners. Only one (1) notice per property owner will be sent, which will state the planned hearing date. It shall be the obligation of the property owner to be aware of continuances and hearing date changes. Future public hearing dates, if any, will be announced at the advertised public hearing.

(c)

When a parcel is located within five hundred (500) feet of an adjacent county, non-Seminole County property owners within five hundred (500) feet of the County line shall be included in the mailed notification.

(d)

The notice area may be increased at the discretion of the Division Manager.

(e)

Notice of public hearings shall contain, at a minimum, the following information:

(1)

The date, time and location of the public hearing;

(2)

A description of the location of the property for which a plan amendment, development order or other action is pending, including, but not limited to, one of the following: a map; a street address; a subdivision lot and block designation; or the tax map (parcel identification number) designation of the Seminole County Property Appraiser; and

(3)

The substance or nature of the matter under consideration.

(f)

In all cases the County shall make good faith effort to comply with the purpose and intent of these notice requirements. However, actions by boards or commissions shall not be invalidated solely because a property owner does not receive notice of the pending action.

(g)

Mailed notices are not provided where the application is for a proposed future land use amendment encompassing in excess of five (5) percent of the total land area of the County.

(h)

If an application is withdrawn by letter or other formal notice prior to the announced hearing, or is continued to a date certain before the hearing is legally convened, no new public notice is required, unless directed by the applicable board or commission. If an application is continued beyond sixty (60) days from the hearing date, the County shall publish a new advertisement, provide notice to property owners, and post a placard on the property, as provided for in this Section. If the County continues an application, but not to a date certain, the new notice shall be provided in accordance with this Section.

30.3.4.3 Substantial compliance. Substantial compliance with these notice requirements in this subsection (a) is deemed to be sufficient. Minor irregularities in the carrying out of these notice provisions will not be cause for continuation or rescheduling of the public hearing.

(a)

Public Notice Procedure for a Residential Variance.

(1)

Placard:

a.

If a public hearing is required, a placard must be posted by the applicant/petitioner/appellant in accordance with the following procedures:

i.

The Planning and Development Division shall prepare placards and provide direction to applicants for posting.

ii.

At the discretion of the Planning Manager the size and number of placards on a property or project may be increased.

iii.

Placards shall be clearly visible from a public or private street, way, or place, preferably a collector or arterial road whenever possible.

iv.

Posting of the placard shall be at least fifteen (15) days prior to a scheduled public hearing.

v.

The placard shall state the time and place and of the hearing, and the nature of the matter to be discussed.

vi.

Affidavit proof of the required publication and placard posting shall be presented to staff prior to the public hearing by the applicant/petitioner/appellant and shall be made a part of the record of the proceeding.

vii.

Failure to post a placard shall not be cause for continuation or rescheduling of a public hearing.

(b)

Mailed Notices:

(1)

The County will provide Notice by U.S. Mail, at least fifteen (15) days prior to the scheduled public hearing, to all known adjacent property owners. Additional properties may be given notice at the discretion of the Planning Manager.

(2)

The County shall use the latest ad valorem tax records in the Seminole County Property Appraiser's Office in compiling a list of property owners. Only one (1) notice per property owner will be sent, which notice shall state the planned hearing date. It shall be the obligation of the property owner to be aware of continuances and hearing date changes. Future public hearing dates, if any, will be announced at the advertised public hearing.

(3)

Notice of public hearings shall contain, at a minimum, the following information:

a.

The date, time and location of the public hearing.

b.

A description of the location of the property for which a variance is pending, including, but not limited to, one of the following: a map, a street address, a subdivision lot and block designation or the tax map (parcel identification number) designation of the Seminole County Property Appraiser.

c.

The substance or nature of the matter under consideration.

d.

In all cases, the County shall make good faith effort to comply with the purpose and intent of these notice requirements. However, actions by boards or commissions shall not be invalidated solely because a property owner does not receive notice of the pending action.

e.

If an application is withdrawn by letter or other formal notice prior to the announced hearing, or is continued to a date certain before the hearing is legally convened, no new public notice is required, unless directed by the board or commission. If an application is continued beyond sixty (60) days from the hearing date, the County shall publish a new advertisement, provide notice to property owners, and post a placard on the property, as provided for in this Section. If the County continues an application, but not to a date certain, the new notice shall be provided in accordance with this Section.

30.3.4.4 Substantial compliance. Substantial compliance with these notice requirements in this subsection (30.3.4.3) is deemed to be sufficient. Minor irregularities in the carrying out of these notice provisions will not be cause for continuation or rescheduling of the public hearing.

(Ord. No. 2024-02, § 7(Exh. B), 1-9-24).

30.3.5.1 Applicability. A Community Meeting is required for amendments to Future Land Use Map, Zoning Map, Non-Residential Variances and Special Exceptions. The following requirements apply in addition to any other notice provisions required elsewhere in this Code. The Division Manager may waive the required Community Meeting, based upon the needs of the abutting communities or the County, as a result of generally accepted land use planning practices and principles.

30.3.5.2 Purposes of a Community Meeting.

(a)

Encourage applicants and community members to engage in collaborative dialogue to allow for informed decision making to maximize, public participation in the planning and land use processes of the County. It is not intended to produce consensus on applications.

(b)

Further implement the public participation provisions of the Comprehensive Plan.

(c)

Ensure that applicants pursue early and effective citizen participation in conjunction with their applications, giving them the opportunity to understand and mitigate any real or perceived impacts their application may have on the community.

(d)

Ensure that citizens and property owners are provided with adequate opportunity to learn about applications that may affect them and to work with the applicants to resolve concerns at an early state of the process.

(e)

Facilitate ongoing communication between the applicant, interested citizens and potential affected property owners, County staff and elected officials throughout the application review process.

30.3.5.3 Community Meeting Requirements.

(a)

The applicant is responsible for conducting the Community Meeting, informing neighboring property owners of the proposed application and answering questions relevant to the proposed application.

(b)

One Community Meeting shall be held at least twenty (20) days prior to the scheduled public hearing or public meeting. At a minimum the Community Meeting shall include the following information:

(1)

Preliminary demonstrative concept plans;

(2)

Development schedules; and/or

(3)

Specifications of the proposed development project such as land uses, size and height of buildings, intensity and density, new roads, and other primary features.

(c)

A Community Meeting will be held in a location accessible to the public near the subject property, and shall be held in a facility that is ADA compliant. The applicant will inform County staff, in advance of the meeting, of the time, date and location of the meeting.

(d)

The meeting will be scheduled between 6:00 p.m. and 8:00 p.m. on a weekday, or between 9:00 a.m. and 5:00 p.m. on a weekend with the approval of the Division Manager.

(e)

The applicant shall be required to schedule an additional Community Meeting if the applicant's initial proposed plans have substantially and materially changed from the previous Community Meeting or the Board of County Commissioners determines that an additional meeting is required before making a final decision on any related application.

(f)

The applicant is responsible to provide notification by U.S. Mail to all known owners of property according to the requirement listed in the Notification Buffer Table in Section 30.3.4.2(b). The applicant shall use the latest ad valorem tax records in the Seminole County Property Appraiser's Office in compiling a list of property owners. Only one (1) notice per property owner will be sent, which notice shall specify the Community Meeting day. Notice will be sent prior to the Community Meeting date to facilitate attendance: fifteen (15) days is recommended.

(g)

Notice of the Community Meeting shall contain, at a minimum, the following information:

(1)

The date, time and location of the Community Meeting;

(2)

A description of the location of the property for which action is pending, including, but not limited to, one of the following: a map, a street address, a subdivision lot and block designation or the tax map (parcel identification number) designation of the County Property Appraiser; and

(3)

The substance or nature of the matter under consideration.

(h)

Record of Community Meeting.

(1)

The applicant is to supply minutes of the Community Meeting which, at a minimum, must contain:

a.

A sign in sheet of attendees (attendees cannot be forced to sign in).

b.

An estimate of persons in attendance.

c.

A summary of the general subject matter presented by applicant.

d.

A list of speakers and a summary of their comments.

(2)

A copy of the notice of the Community Meeting and the minutes are to be presented by the applicant to staff prior to the public hearing.

(Ord. No. 2024-02, § 7(Exh. B), 1-9-24).

Except as otherwise provided in this Land Development Code, any special exception granted by the Board of Adjustment or Board of County Commissioners shall expire one (1) year after the Board of Adjustment or Board of County Commissioners approves the application at a public hearing unless a development permit based upon and incorporating the special exception is obtained within the aforesaid one (1) year period. However, the Board of Adjustment or Board of County Commissioners may renew such special exception for one (1) additional period of six (6) months, provided good cause is shown and the application for extension shall be filed with the Board at least thirty (30) days prior to the expiration of the aforesaid one (1) year period. Any renewal may be granted without public hearing; provided, however, that a reapplication fee may be charged by the Planning and Development Division Manager in an amount not to exceed the amount of the original application fee. In the event the decision granting a special exception is reviewed by a court of competent jurisdiction, the applicant for the special exception may, prior to the expiration of the one (1) year period following the approval of the special exception, request that the Board of Adjustment or Board of County Commissioners toll the time remaining in the one (1) year period until the conclusion of litigation and such request shall be granted unless good cause is shown. When the use of land under a special exception has been discontinued or abandoned for one hundred eighty (180) days or longer, the future use of the land shall revert to the Permitted Uses in the district in which said land is located.

(Ord. No. 2024-02, § 7(Exh. B), 1-9-24).

Unless specifically permitted otherwise by these regulations or by the Board of County Commissioners, no application for rezoning or special exception shall be considered by the Planning and Zoning Commission within twelve (12) months from the time the property described in such application has been decisively acted upon by the Planning and Zoning Commission, as a result of a previous application. However, this time limitation shall not apply to rezoning applications wherein a classification other than that originally denied shall be sought.

(Ord. No. 2024-02, § 7(Exh. B), 1-9-24).

The County Manager is hereby authorized to assign such duties and responsibilities to such staff members as he or she deems appropriate notwithstanding the assignment of duties set forth in this Code.

(Ord. No. 2024-02, § 7(Exh. B), 1-9-24).

The provisions of this Chapter shall operate independently upon property subject to the land development regulatory authority of Seminole County notwithstanding any private legal relationships between and among various landowners. Although landowners may have legal rights and obligations with regard to one another, the provisions of this Chapter shall operate independently of such obligations, but not to repeal or rescind such legal rights and obligations.

(Ord. No. 2024-02, § 7(Exh. B), 1-9-24).

30.3.10.1 In General.

(a)

A nonconforming building may be maintained and repairs and alterations may be made, except that, in a building which is nonconforming as to use regulations, no structural alterations shall be made except those required by law. Repairs such as plumbing or the changing of partitions or other interior alterations are permitted.

(b)

Buildings or structures or uses of land which are nonconforming shall not be extended or enlarged.

(c)

When a nonconforming use of land has been discontinued for 180 days or longer, its future use shall revert to the uses permitted in the district in which said land is located.

(d)

A nonconforming building or structure, which is hereafter damaged or destroyed to the extent of fifty (50) percent or more of its value by flood, fire, explosion, earthquake, war, riot, or force majeure shall not be reconstructed or restored for the same use except in compliance with all applicable provisions of the Code.

30.3.10.2 Nonconforming mobile homes in Agricultural Zones.

(a)

The following shall be exempt from the minimum lot requirements of this article:

(1)

Any mobile home or recreational vehicle park within the A-10, A-5 or A-3 Rural District which had received zoning approval prior to September 11, 1991 for the rental of mobile home spaces shall be allowed to continue; provided, however, that such mobile home park shall not be extended or enlarged beyond the limits of the originally approved master plan for development.

(2)

Construction on existing, legally created, lots or parcels of record platted or recorded prior to September 11, 1991, which were legally buildable as of that date.

(b)

Any mobile home park within the A-1 Agriculture District which has been legally established as a special exception under heretofore existing A-1 Zoning Classification for the rental of mobile home spaces shall be allowed to continue; however, said mobile home park shall not be extended or enlarged beyond the limits of the originally approved master plan of development.

30.3.10.3 Nonconforming mobile homes and/or manufactured homes in A-1.

(a)

All mobile or manufactured homes existing in the A-1 District prior to October 25, 2011, except for those authorized under Section 6.4.4, are hereby declared to be a nonconforming use in accordance with Section 30.3.10. Any time limits enacted by the Board of Adjustment as a condition of special exception approval shall be null and void unless specifically related to protecting the health, safety, and welfare of the occupancy.

(b)

Notwithstanding their nonconforming status, these mobile or manufactured homes shall fully comply with all applicable provisions of Chapter 40 of the Seminole County Code.

(c)

Existing mobile or manufactured homes may be replaced with a manufactured home of not greater than two (2) times the original floor area without a special exception if the home has remained vacant for less than 180 days. If the home has been vacant for 180 days or more, replacement of such home shall require a special exception. Larger units and other alterations exceeding the provisions of Section 3.10 shall also require a special exception.

(d)

This Section shall not affect any mobile or manufactured home approved for temporary occupancy under Section 30.6.4.4.

30.3.10.4 Non-conforming lots. Where lots of record no longer meet current requirements due to surveying or other errors, if both the current records of the Seminole County Property Appraiser and the original plat for the property indicate the area of the lot is a given size, then review of the proposed development shall occur as if the lot were actually the size shown in both the appraiser's records and on the original plat.

(Ord. No. 2024-02, § 7(Exh. B), 1-9-24).

30.3.11.1 The Development Services Director may administratively approve a waiver to the minimum lot size zoning requirements for a lot or parcel of property located within the A-1, A-3, A-5, A-10, or RC-1 zoning classifications (except for lots or parcels located within the Wekiva Protection Area.) Said waiver may not exceed three (3) percent of the total size of a conforming lot as required by the Land Development Code.

30.3.11.2 The Development Services Director may administratively approve a waiver to the minimum lot width zoning requirements for a lot or parcel of property located within the A-1, A-3, A-5, A-10, or RC-1 zoning classifications (except for lots or parcels located within the Wekiva Protection Area.) Said waiver may not exceed three (3) percent of the size of a conforming lot width as required by the Land Development Code.

(Ord. No. 2024-02, § 7(Exh. B), 1-9-24).

30.3.12.1 The Development Services Director may only grant a waiver to lot size and/or lot width if the following conditions are satisfied:

(a)

The property subject to the waiver request is a lot of record on [date ordinance passes].

(b)

Submission to the Development Services Director of a certified land survey which verifies that the lot, parcel, or tract of land is currently of a size of at least:

(1)

Ninety-seven (97) percent of the minimum required lot size required by the Land Development Code for a requested lot size waiver; and

(2)

Ninety-seven (97) percent of the minimum required lot width required by the Land Development Code, as measured at the building line, for a requested lot width waiver.

(c)

The Development Services Director determines that the waiver will not have an adverse effect on said neighborhood.

(d)

The request is consistent with all applicable provisions of the Seminole County Vision 2020 Plan.

(e)

The parcel, lot or tract of property is not associated with a proposed, anticipated, or active subdivision or lot split.

(f)

Submission of documentation to the Development Services Director demonstrating that neither the current nor former owner(s) of the property knowingly or intentionally rendered the property non-conforming by their own actions. The sufficiency of this documentation shall be adjudged by the Development Services Director subject to the appeal procedures described in this Section. The Director shall not delegate this authority. Types of evidence which may be considered by the Director include the following:

(1)

Evidence that the present or previous owner created a stock pond or other artificially created flood-prone area on the property which reduced the lot size below the minimum required; or

(2)

A document verifying that a lot split creating the lot, parcel or tract of land was approved or that the subject lot is a buildable parcel. Such documentation must be signed by a Seminole County official and the contents verified. Examples of such documentation include:

a.

A letter, or

b.

A map or survey, or

c.

A lot split application or buildability form; or

d.

A survey drafted by a certified surveyor, relied upon by the owner of the property at the time of their purchase of the property, which contained erroneous information regarding the subject lot size or related information; or

e.

A tax bill relied upon by the owner of the property at the time of their purchase of the property which contained erroneous information indicating that the lot or parcel constituted a conforming lot; or

f.

A deed relied upon by the owner of the property at the time of their purchase of the property which contained erroneous information which led the owner to believe that the property constituted a conforming lot; or

g.

Evidence that at one time the subject lot conformed to then-existing minimum Land Development Code requirements but that through dedication of a public right-of-way, the lot or parcel was rendered non-conforming.

(3)

Documentation of a similar form, nature and content to that described above. The Development Services Director shall have the discretion to determine whether submitted documentation satisfies the requirements of this subsection.

(g)

Administrative waivers to lot size and/or width shall not be approved for any lot, parcel, or tract of land within the Wekiva River Protection Area.

(h)

If an administrative waiver to lot size and/or lot width is approved, the Development Services Director shall issue an Administrative Order pursuant to Chapter 20 of this Code which shall be duly recorded.

(i)

An applicant may appeal a decision rendered by the Development Services Director pursuant to Sections 30.3.11 and 30.3.12 of this Code by submitting a written request for an appeal to Seminole County Board of Adjustment within thirty (30) days of issuance of the Development Services Director's decision.

30.3.13 Rezoning to more restrictive included district. The Board of County Commissioners may, when acting upon any rezoning application, rezone the property to any district whose uses are included within the requested district or to any district whose uses are a combination of the uses permitted in the current district and the requested district.

(Ord. No. 2024-02, § 7(Exh. B), 1-9-24).