21-2201 Amending Development Code to Allow Outdoor Seating beyond 9:00 pm ORDINANCE NO. 21-2201
AN ORDINANCE OF THE CITY OF LONGWOOD, FLORIDA,AMENDING THE LONGWOOD DEVELOPMENT CODE,
ARTICLE V SUPPLEMENTAL STANDARDS, SPECIFICALLY SECTION 5.4.14.0 FOR OUTDOOR SEATING AREAS TO
ALLOW OUTDOOR SEATING OPERATING HOURS BEYOND 9:00 P.M. FOR STAND ALONE ESTABLISHMENTS
WHEN WITHIN 300 FEET OF A SINGLE-FAMILY RESIDENTIAL USE; PROVIDING FOR CONFLICTS,
CODIFICATION,SEVERABILITY AND EFFECTIVE DATE.
WHEREAS, on May 6, 2002, the City Commission of the City of Longwood enacted the Longwood
Development Code (Ordinance 02-1599), as was amended from time to time, pursuant to the requirements of
Chapter 163.3202, and Chapter 166.041, Florida Statutes; and
WHEREAS, Chapter 163.3174 (4) (c), Florida Statutes, requires the Land Planning Agency to review
proposed land development regulations, or amendments thereto, for consistency with the adopted Plan, as
may be amended; and
WHEREAS, this change to the Longwood Development Code is requested by Twistee Treat USA, LLC to
allow outdoor seating to be permitted beyond 9:00 PM at a proposed Twistee Treat ice cream restaurant at
the intersection of SR 434 and East Street; and
WHEREAS, the restriction in operating hours of stand-alone food establishments within 300 feet of a
single-family residential use was put in place to protect the single-family use from noise related nuisance after
9:00 PM; and
WHEREAS, there are numerous conditions in the City where restaurants are located on high-traffic
corridors but may also have single-family residential areas in the vicinity; and
WHEREAS, the proposed language creates an allowance for businesses to have outdoor seating areas
with operating hours until 12:00 a.m. while providing protection to existing single family uses; and
WHEREAS, the Land Planning Agency (LPA) held a public hearing on July 14, 2021 to consider the
amendment of the Longwood Development Code; made certain findings of fact regarding said amendments,
determined the proposed changes are consistent and recommended the proposed ordinance be enacted by
the City Commission; and
NOW, THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LONGWOOD,
FLORIDA,AS FOLLOWS:
SECTION 1. 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 V.—SUPPLEMENTAL STANDARDS
Ordinance No.21-2201
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5.4.0 Supplemental Standards for Specified Land Use Activities:
The following uses shall comply with all site design and development standards for the land use district in
which the use is located, and all site design and development standards as may apply in any overlay district,
or within the corridors established in section 3.2.3. However, the uses specified below have characteristics
that require additional standards to ensure compatibility with the surrounding area. These standards apply
in addition to the standards for the land use district, overlay district, or corridor. Where any conflict arises in
the application of standards, the stricter standard shall apply.
5.4.14. Outdoor seating areas. Outdoor seating areas are permitted as an accessory use to establishments
selling food and/or alcohol for on-site consumption. All outdoor seating areas must receive approval from
the community development department. Outdoor seating areas may be approved pursuant to the
following standards and requirements:
A. An outdoor seating application along with payment of applicable fees must be submitted to the
community development department.
B. Stand-alone restaurants and restaurants located within multi-tenant centers may be allowed
outdoor seating areas that are subordinate to the principal use. Bars and other establishments which
primarily serve alcohol must ensure that patrons are only seated within the delineated outdoor
seating area, no standing areas are allowed in areas provided for by this section. Signage must be
provided that patrons consuming alcohol are not allowed to leave the delineated outdoor seating
area with an alcoholic beverage.
C. When located within 300 feet of the property line of a property in single-family residential use, the
hours of operation are as follows:
(1) Outdoor seating located as an accessory to a legally conforming commercial or mixed-
use building shall cease outdoor seating operations no later than 9:00 p.m. The hours
may be extended to 12:00 a.m. where the proposed seating area is set back at least
50' from the property lines that are adjacent to, or facing the single-family residential
properties, or where the outdoor seating area is buffered from the residential area by
the primary building. The Community Development Director may require additional
landscaping or a fence where a potential negative impact is anticipated by any
outdoor seating areas where the operating hours extend beyond 9:00 p.m. as a
condition of permit approval.
(2) Outdoor seating areas where alcohol is served must cease operations no later than
9:00 p.m. Unless located within a mixed use building, restaurants with outdoor seating
must cease outdoor dining operations no later than 12:00 a.m. at 9:00 p.m. when
located within 300 feet of a single family residential use. Restaurants that servo
alcohol must cease outdoor dining operations no later than 9:00 p.m. The Community
Development Director may require additional landscaping or a fence where a potential
Ordinance No.21-2201
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negative impact is anticipated by any outdoor sating ar as where the operating hours
extend beyond 9:00 p.m.
D. Proposed outdoor seating areas for areas serving alcohol must include an aluminum picket or other
decorative fence, or barricade, that is significant enough to demarcate and contain the outdoor
seating area.
E. Proposed outdoor seating areas associated with a business located within a multi-tenant center may
be located on the sidewalk directly adjacent to the building frontage of the business being served.
The location of seating and service areas must not impede pedestrian access/circulation, must
provide at least 44 inches of clear pedestrian way along the sidewalk, and cannot create a potentially
hazardous condition. To restrict vehicle intrusion into outdoor seating areas (that are not separated
by a vegetated strip), all parking spaces that are adjacent to the outdoor seating area shall have
wheelstops. A letter from the property owner approving the location and hours of operation of the
outdoor seating area must accompany the outdoor seating application.
F. Tables, chairs, umbrellas, canopies, awnings and any other items used in connection with an outdoor
seating area shall be of uniform design, visually consistent with the building color, made of quality
materials and workmanship, and maintained with a clean and attractive appearance and kept in
good repair, to ensure the safety and convenience of users and enhance the visual quality of the
area.
G. Outdoor seating areas must be contiguous to the business, on a paved or semi-pervious surface, and
are required to meet all applicable setbacks for structures on the property. The community
development director may approve up to a 30 percent reduction in any setback requirement for
outdoor seating areas, upon a finding that a reduction in setback requirements will not negatively
impact adjoining uses, parking, or vehicular/pedestrian circulation, and is consistent with all other
provisions of the Code and that the entire property in which the outdoor seating area is to be located
is brought into compliance with the current landscape requirements of article Ill of the Longwood
Land Development Code. The setback for the outdoor seating area may also be reduced to meet the
existing building setback.
H. Outdoor seating areas that are inconsistent with the provisions of this Code may in addition to
established code enforcement procedures, be immediately closed by city law enforcement or the fire
marshal. Establishments that are found in violation of this section and/or are closed by the city three
times within any 12-month period shall have their outdoor seating approval revoked. Establishments
that have had their approval revoked may re-apply for outdoor seating, however city commission
approval for the outdoor seating shall be required. Establishments that apply for reinstatement shall
be required to pay a fee which shall be established by the city commission.
Outdoor seating areas may include a walk-up window as part of the outdoor seating application,
provided that the window cannot be accessed by vehicle traffic.
J. Outdoor seating areas will require no additional parking for the first 200 square feet. One parking
space will be required for every 200 square feet of outdoor dining area thereafter. The parking
Ordinance No.21-2201
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requirements for outdoor seating areas are in addition to those requirements for the indoor portion
of the restaurant.
K. Lighting for permitted outdoor seating areas including low-intensity decorative lighting, low-
mounted wall fixtures, low bollards and ground-level fixtures of four feet tall or less, shall be
configured to provide lighting during regular nighttime business hours while preserving the natural
nighttime environment. Floodlights and high intensity bulbs shall not be used for the illumination of
outdoor seating areas.
SECTION 2. CONFLICTS. If any ordinance or part thereof is in conflict herewith, this Ordinance shall control to
the extent of the conflict.
SECTION 3: CODIFICATION. Section 1 of this Ordinance shall be codified; that such sections may be
renumbered or relettered to accomplish the intent of this Ordinance.
SECTION 4: SEVERABILITY. The provisions of this Ordinance are declared to be separable and if any section,
paragraph, sentence or word of this Ordinance or the application thereto any person or circumstance is held
invalid, that invalidity shall not affect other sections or words or applications of this Ordinance. If any part of
this Ordinance is found to be preempted or otherwise superseded, the remainder shall nevertheless be given
full force and effect to the extent permitted by the severance of such preempted or superseded part.
SECTION 5:This Ordinance shall take effect immediately upon its adoption.
LAND PLANNING AGENCY HEARING: July 14, 2021
FIRST READING: July 19, 2021
SECOND READING AND ADOPTION: August 2, 2021
PASSED AND ADOPTED THIS 2nd DAY OF Augusta 2021
Yam- �_._
BRIAN D. SACKETT, M OR
ATTEST: ,
MICHEL E EO 0 FCRM, CITY CLERK
Ordinance No.21-2201
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Approved as to form and legality for the use and reliance of the City of Longwood, Florida, only.
DANIEL W. LA E , OtY NFTORNEY
Ordinance No.21-2201
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