Ordinance 12-2001ORDINANCE 12-2001
AN ORDINANCE OF THE CITY OF LONGWOOD, FLORIDA
AMENDING CHAPTER 58 OF THE LONGWOOD CITY CODE OF
ORDINANCES AND IMPLEMENTING REVISED REGULATIONS FOR
TEMPORARY USE PERMITS; PROVIDING FOR CONFLICTS,
CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City of Longwood (the "City") is vested with home rule authority
pursuant to Article VII, Section 2 of the Constitution of the State of Florida and Chapter 166,
Florida Statutes, to enact ordinances;
WHEREAS, the City desires to amend City Code Chapter 58, Article IV to provide more
flexibility for businesses that wish to hold events through Temporary Use Permits;
NOW, THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
LONGWOOD, FLORIDA, AS FOLLOWS:
SECTION 1. City Code Chapter 58, Article IV of the Longwood Development Code shall be
Amended as follows (Words that are stricken out are deletions; words that are underlined are
additions; Articles, Sections, Subsections and Provisions not referenced in this ordinance are not
modified):
ARTICLE IV. - TEMPORARY USES
Sec. 58-191. - Temporary use table.
A temporary use is a use or activity offered to the general public on private property which is not
contemplated in the approved Site Plan or other development approval, and which is generally
consistent with the applicable district Temporary uses shall include gatherings or events, or
series of related consecutive or recurring daily gatherings or events including but not limited to
those of an entertainment cultural recreational educational commercial, social or sporting
nature which occur outdoors on a site and/or create traffic and site impacts that exceed those
generally anticipated for the site.
The following table identifies the temporary uses permitted within the various land use
designations on privately owned property.
Temporary Uses
Temporary Uses Permitted
Land Use Where permitted
Produce/seasonal or other food sales, tempofaqf
Infill and Mixed Use, Neighborhood Commercial
new and used goods sales, outdoor sales,
Mixed Use Industrial, and Downtown Historic
Outdoor music festivals/arts and crafts shows
and other cultural or educational events,
recreational/sporting events
Sep@ Fate Csarnivals, circuses and revivals
Infill and Mixed Use or contained on the property
Ordinance 12-2001 — Temporary Use Permits — Page 1 of 7
of the church/school/not-for-profit hosting the
event
Sales new items, .�nrnNalc nirnt sewt
Only on the pmperty where the
of er used t
revivals direGtly aSSGGiated with existing
trnhect nt thlin sGhnnlc.t nn{:_fnr_nrnfit
Gh OF private
organizatiGns
Semi-annual inventory sales
Infill and Mixed Use and Industrial
Infill and Mixed Use and industrial
Special
Infill Mixed Use, lRdustrialt Neighborhood
and
/ Mixed Use and DowntewR I.Jist rin
ornmTeMiall
festivalsiarts
OLutdeoFtm
fillill
Mixed Use, e Neighborhood Gemmerniel
and Grafts shntere.
6[Sin
and
Mixed Use, industrial and Dc)wn+mein 1*st rG
� , , rcr-v v a ®rrcv�rrTrr-try cvrro
For uses that are not listed the community development services director may approve similar
uses based upon an evaluation of projected impacts in terms of parking, trip generation,
environmental impact, impact on city facilities, consistency with Comprehensive Plan and
Development Code standards, and/or other pertinent factors.
(Code 1982, § 14-12(a); Ord. No. 10-1952, § 1, 12-6-2010)
Sec. 58-192. - Temporary use permits (TUP)
A temporary use permit must be obtained from the planning division prior to beginning
operation. A complete application shall be submitted to the city at least 15 working days prior to
the scheduled start of the event. When requesting a waiver, a completed application shall be
submitted 30 days prior to the scheduled start date of the event to allow for City Commission
review. The planning division shall submit TUP applications to the appropriate city departments
for review and comment prior to its issuance. Following the submittal of an application, the
Community Development Services Department may determine that a proposed use does not
aenerate impacts bevond those anticipated for the site and does not require a temporary use
permit.
(Code 1982, § 14-12(b); Ord. No. 10-1952, § 1, 12-6-2010)
Sec. 58-193. - Issuance of temporary use permits.
(a) A complete application shall be provided to the city at least 15 working days prior to the
scheduled start of the event. Applicants are advised to schedule a Pre -Development Inquiry
session prior to submitting their application, to help expedite the application review process.
(b) All signs used in conjunction with the temporary use permit shall be identified and located
on a plan for review by the planning division in accordance with the land use district regulations.
A building permit for all signs, tents and/or other structures shall be required as specified by the
Florida Building Code.
(1) Temporary signage related to a TUP shall only require an additional sign permit
where such permit is required by the Florida Building Code. A requirement for a sign permit
shall be identified by the Building Division before or during the review of the TUP application.
(2) Temporary signs allowed as part of a temporary use permit include: ground signs,
banners, and pennants. Wind signs, balloons, and a -frame signs, otherwise prohibited by LDC
6.2.2, are allowed exclusively in association with and only for the duration of a approved
Ordinance 12-2001 — Temporary Use Permits — Page 2 of 7
Temporary Use Permit pursuant to the standards of this section. Portable signs may be utilized
for the duration of a valid TUP, regardless of the 30-day time restriction in LDC 6.6.3 (tom
(3) Specific signaqe requirements for TUPs areas follows:
(a) For 30-day and 24-hour TUPs:
Two (2) banners with a maximum size of 32 square feet, and a
maximum height from the ground of 15 feet.
(ii) One (1) balloon with a maximum height of 25 feet above the ground or
the roof of the building it is attached to or one (1) portable/trailer sign with a
maximum size of 32 square feet. Balloon displays comprised of tethered
balloons shall not exceed one hundred feet (100') in height above ground
level This height allocation may be reduced or the balloon permit
application may be denied if site conditions are such as trees, aerial utility
lines adjacent roadways or other circumstances warrant, in order to
ensure the safety and welfare of the public. Tethered balloon displays shall
not be displayed between dusk and dawn each day or on excessively
windy days where the wind causes the display to be offset more than 30
degrees from vertical Balloon displays secured by a cable, cord, or rope
may have small pennants attached thereto for visibility purposes, but shall
not contain additional advertising.
(iii) 1 wind sign per 20 lineal feet of frontage or 5 feet of pennants per
lineal foot of frontaqe
iv) One (1) a -frame sign is allowed
(b) For monthly/recurring TUPs:
(i) Two (2) banners with a maximum size of 32 square feet and a
maximum height i-rom the ground of 15 feet one for the day of the event
ii Two (2) on -site signs at the location of the recurring event of no more
than 4 SF, to be allowed for the duration of the Temporary Use Permit
(iii) One (1) A -frame sign is allowed
(4) Signage included as part of a 30-day or 24-hour temporary use permit may be placed
on site up to seven days prior to the commencement of the temporary use, but must be
removed within 24 hours of the completion of the event.
(5) Signage that is printed onto the canopy material of a canopy or tent is allowed and
not subiect to signage restrictions.
(6) Temporary signaqe associated with a TUP must meet the General Design and
Location Standards of Longwood Development Code 6.6.2 with the exception of:
(a) The minimum separation distance of 6.6.2 (A)
(b) The size requirements of 6.6.2 (D)
(c) The five-foot setback described in 6.6.2 (H)
Ordinance 12-2001 — Temporary Use Permits — Page 3 of 7
(c) The p!aRR'Rg divissien Community Development Services Department may issue a
temporary use permit if the following conditions are met following review by the appropriate City
Departments:
(1) The proposed use provides safe ingress and egress to the site for both vehicles and
pedestrians.
(2) The proposed use complies with the appropriate fire and safety code requirements.
(3) The proposed use complies with the appropriate building code requirements.
(4) The applicant may be required to provide adequate assurance, including but not
limited to performance bonds or letters of credit, that the site conditions will be restored at
the end of the time limit.
(5) Each temporary use permit shall indicate the day(s) and the operating hours of the
event. Temporary use permits shall be issued in the following increments:
a) 24-hour temporary use permits. No more than three (3) 24-hour temporary use
permits shall be issued per development per calendar year.
b) 30-day temporary use permit. No more than three (3) 30-day temporary use permits
may be issued per development per calendar year.
c) Monthly/recurring temporary use permit. A permit of this type is valid for six (6)
months from issuance and authorizes a maximum of one (1) 9-hour event (including set-
up/tear-down time) per month during this six-month period. The permit may be renewed
after 6 months. No more than one (1) monthly/recurring temporary use permit may be
active at any given time.
EaGh ternporary use permit shall inGlude a speG*f;G termination date nGt to eXGeed 30 days
with a rninornum of 90 days between eaGh peFrn*t; and daily operating . Operating
hours are limited to 87:00 a.m. to 4-811:00 p.m, though compliance with any nuisance
requirements is still required.
(6) The temporary use permit shall be displayed in an all-weather container that allows
the permit to be viewed from the adjacent public street.
(7) No ingress or egress to the site shall be solely through a residential street.
(8) Events with amplified music or sound must be consistent with the nuisance standards
in City Code Article 38. All lighting shall be directed away from form adjacent properties
and public rights -of -way.
(9) All temporary use permits' shall require signature of the property owner or a signed
authorization by the property owner for the applicant to apply for the permit.
(10) Serni-aRnual retail inventory sales shall be permitted in the industrial land use
rJ�tS.
(10) (44-) OGpatienal liGenses The applicant testifies that all applicable licenses,
including state licenses, have been acquired or will be acquired prior to the issuance of the
permit. Business tax receipts (BTRs) are required for certain temporary use permits
pursuant to the requirements of chapter 82, article II.
Ordinance 12-2001 — Temporary Use Permits — Page 4 of 7
(11) 42-) Residential garage and yard sales are regulated under chapter 66, article II.
(12) 43-) Tents over 200 square feet, and the like, in addition to obtaining a temporary use
permit, are required to obtain a building permit.
(13) 04) Any other information as determined necessary for a temporary use permit at a
particular location shall be properly analyzed and approved.
(15) Temporary use permits issued fer property that has nn existing building must h. an
aGtive engGiRg business being GonduGted en the
(14) 0-6) Adequate parking is available on -site or within 300 feet (with written consent of
the property owner) to service both the temporary use and the permanent uses on the site.
(15) 47-) Based on its review and the comments received from other city departments, the
planning division may attach additional conditions on the temporary use permit as may be
deemed necessary to ensure compliance with this section.
(Code 1982, § 14-12(c); Ord. No. 06-1805, § 2, 6-19-2006; Ord. No. 10-1952, § 1, 12-6-2010)
Sec. 58-194. - Waiver or modifications of requirements of temporary use permits.
The city commission may at their discretion waive or modify any provision of this article, where it
can be shown that impacts associated with the temporary use (including traffic, parking,
restrooms, noise, aesthetics, etc.) can be adequately mitigated and a finding is made that the
temporary use is beneficial to the community and the approval of the modification or waiver
does not provide for the permanent establishment of a temporary use. The commission may
attach as a part of their approval any conditions necessary to reduce the impacts associated
with the temporary use, including but not limited to the location of the event on the property,
place limitations on the operation of the use, place restrictions on the duration and frequency of
the event, make provision for overflow parking, require additional provision for public safety, and
provide for additional requirements pertaining to signage.
To request a waiver or modification, a completed temporary use permit application and the
required fees, along with a letter indicating the requested waivers/modification and a justification
for the need for the waiver/modification must be submitted to the city no later than 30 68
working days prior to the event.
(Ord. No. 10-1952, § 1, 12-6-2010)
Editor's note— Ord. No. 10-1952, § 1, adopted Dec. 6, 2010, renumbered the former §§ 58-194-58-196 as
§§ 58-195-58-197 and enacted a new § 58-194 as set out herein. The historical notation has been retained
with the amended provisions for reference purposes.
Sec. 58-195. - Appeals.
The decision by the planning division regarding a temporary use permit may be appealed to the
city commission pursuant to the requirements of the Longwood Development Code.
(Code 1982, § 14-12(d); Ord. No. 10-1952, § 1, 12-6-2010)
Note —See the editor's note to § 58-194
Ordinance 12-2001 — Temporary Use Permits — Page 5 of 7
Sec. 58-196. - Enforcement.
Failure to comply with the requirements of this article shall be considered a violation of the City
Code and shall be subject to the enforcement actions described in this Code. The planning
division shall notify the codes enforcement section of all temporary use permits and associated
dates of operation.
(Code 1982, § 14-12(e); Ord. No. 10-1952, § 1, 12-6-2010)
Note —See the editor's note to § 58-194
Sec. 58-197. - Fees.
The fees for temporary use permits shall be as established by the City Commission by
resolution. pFovideiR Ghapte�aFtiGle `"1 TfTi� � RT,-fG,�i V,T.
(Code 1982, § 14-12(f); Ord. No. 10-1952, § 1, 12-6-2010)
Note —See the editor's note to § 58-194
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF LONGWOOD, FLORIDA:
SECTION 2. Severability. If any section, subsection, sentence, clause, phrase, or
portion of this Ordinance, or application hereof, is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such portion or application shall be deemed a separate,
distinct, and independent provision of such holding shall not affect the validity of the remaining
portions thereof to the extent practicable.
SECTION 3. Conflicts and Repealer. To the extent this Ordinance, or any
provisions thereof, conflict with any previously enacted Ordinances of the City of Longwood,
Florida, this ordinance shall control only to the extent any such conflict(s) exists.
SECTION 4. Codification. Section 1 of this Ordinance shall be codified as a part
of the Code of Ordinances of the City of Longwood, Florida, such provisions may be
renumbered or re -lettered to accomplish such intention, and the word "Ordinance", or similar
words, may be changed to "Section," "Article," or other appropriate word. The City Cleric is
granted liberal authority to codify the provisions of this Ordinance as contemplated herein.
SECTION 5. Effective Date. This Ordinance shall take effect upon adoption.
FIRST READING: ar-\
SECOND READING AND ADOPTION on this
day of--"rLf d P` 2013.
Ordinance 12-2001 — Temporary Use Permits — Page 6 of 7
CITY COMMISSION
CITY OF LONGWOOD, FLORIDA
• G�-r e � . _ r C G _
Brian D. Sackett, May
SaY ah M. Mirus, City CNerk --
Approved as to form and legality for the use and reliance of the City of Longwood, Florida only.
Da . Langley ity or e ��
Ordinance 12-2001 — Temporary Use Permits -- Page 7 of 7