23-2239 Amending Temporary Use Permits - Adopt Standards of MFDVsORDINANCE NO.23-2239
AN ORDINANCE OF THE CITY OF LONGWOOD, FLORIDA, AMENDING THE LONGWOOD CITY
CODE CHAPTER 58 ARTICLE IV "PLANNING AND SPECIAL USES AND EVENTS," UPDATING
STANDARDS RELATED TO TEMPORARY USE PERMITS INCLUDING THE TYPES OF AND
DURATION OF PERMITS, AND ESTABLISHING A FOOD TRUCK SITE VERIFICATION PROCESS FOR
THE REVIEW AND APPROVAL OF MOBILE FOOD DISPENSING VEHICLES (ALSO KNOWN AS
FOOD TRUCKS) LOCATIONS; PROVIDING FOR ENFORCEMENT PENALTIES AND REMEDIES;
PROVIDING FOR CONFLICTS, CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Longwood wishes to update the standards
regarding Temporary Use Permits contained in City Code Chapter 58 "Planning and Special Uses
and Events" to increase flexibility for events while adopting broad standards that protect
potential negative outcomes for surrounding properties and infrastructure; and
WHEREAS, the Governor of the State of Florida signed into law the Occupational
Freedom and Opportunity Act (SB474/HB1171), which became effective on July 1, 2020; and
WHEREAS, the Act created Florida Statutes Section 509.102 — mobile food dispensing
vehicle ("MFDV") preemption in which a municipality, county or other local governmental
entity may not require a separate license, registration, permit or fee from MFDVs and may not
prohibit MFDVs from operating within the entirety of the jurisdiction; and
WHEREAS, Mobile Food Dispensing Vehicles can provide opportunities for
entrepreneurs and small businesses to start up and operate at relatively low cost. They may
add interest, vibrancy, and activity to the city. However, without proper regulation they can
have potentially negative effects by posing a threat to brick -and -mortar restaurants, blocking of
public right-of-ways, creating traffic, negatively impacting the function and flow of parking
facilities, posing a fire and life safety risk, etc.; and
WHEREAS, the City Commission finds it is in the best interest of the health, safety, and
welfare of the pubic to adopt standards for the location and operation of MFDVs within the City
to address and mitigate the potential negative effects as recited above.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LONGWOOD,
FLORIDA, AS FOLLOWS:
SECTION 1. The Longwood City Code shall be Amended as follows (Words that are `tFiEke'�^"-out
are deletions; words that are underlined are additions; Articles, Sections, Subsections and
Provisions not referenced in this ordinance are not modified):
Ordinance No. 23-2339
Page 1 of 13
ARTICLE IV. TEMPORARY USES ON PRIVATE PROPERTY
Sec. 58-191. Temporary uses on private property tie.
A temporary use is a use or activity offered to the general public on private property in all
zoning districts except for Conservation, Low Density Residential and Medium Density
Residential 7 and 15, unless otherwise specified 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.
Sec. 58-192. Temporary use permits (TUP).
A temporary use permit must be obtained from the planning division prior to beginning
operation of a qualifying event as described in 58-191. A eemplete—aveleeatien shall be
staFt date of the event to allow feF eity eemmiThe planning division shall suit
distribute TUP applications to the appropriate city departments for review and comment prior
Ordinance No. 23-2339
Page 2 of 13
to its issuance. Following the submittal of an application, the community development S^r�^^c
department may determine that a proposed use does not generate impacts beyond those
anticipated for the site and does not require a temporary use permit. Temporary use permits
take the following forms:
a. Single -day temporary use permits.
1. A permit of this type is appropriate for single -day (or 24-hour period)
events in which the overall event, including set-up and take -down do
not significantly exceed a 24-hour period.
2. Single -day permits may exceed a 24-hour period for reasonable set-up
and tear down periods where specified in the TUP and approved.
b. Multi -day temporary use permit.
1. An individual multi -day permit may be anywhere from 2 to 90
consecutive days, but the approval of a specific number of days is
contingent on meeting the standards of subsection (c) below, with an
understanding that a longer duration calls for a commensurate
increase in scrutiny of the impact on neighboring properties and public
facilities.
2. Multi -day temporary use permits may be utilized for temporary
outdoor storage of materials for up to 90 days, where the temporary
storage area can be screened from adiacent properties, right-of-way,
and certain commercial properties as appropriate. A storage TUP will
not be approved adjacent to a residential property unless the storage is
fully screened and not visible from the residential property and is not
likely to cause other negative externalities. The request to utilize the
TUP for temporary outdoor storage must include a demonstrable
circumstance that has led to the request (building damage, supply
chain and distribution issues, etc.)
3. Multi -day temporary use permits may be utilized by the City Manager
to allow certain temporary uses city-wide with no approval, or a
modified approval process, by the City, related to situations deemed an
emergency by the City Manager or where the permit may benefit
multiple similar properties throughout the City.
4. An event that includes multiple food trucks/mobile food dispensing
vehicles may be considered under this permit type, however, the
permit shall be limited in duration so as to not circumvent Section 58-
195 including the limitation of one truck per site.
c. Recurring temporary use permit.
1. A permit of this type is most appropriate for farmer's and artisan
markets, food truck events with multiple vendors, a recurring food cart,
and other similar events that are weekly or monthly, and is valid for six
Ordinance No. 23-2239
Page 3 of 13
months from issuance and authorizes a maximum of two single -day
events per week during this six-month period The permit may be
renewed after six months.
2. No more than one monthly/recurring temporary use permit may be
active at any given time.
Sec. 58-193. Issuance of temporary use permits.
(a) A complete application shall be provided to the city at least seven working days prior to
the scheduled start of the event. The community development director way waive this
requirement for extenuating circumstances, and where there is enough time for staff to
reasonably complete the review of the application. A fee double the amount of the
standard fee may be assessed in addition to the permit fee where a temporary use permit
application is submitted less than 7 working days prior to the event where the applicant
business, or property owner has previously submitted for a TUP or been given direction to
apply for a TUP previously.
(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; 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.
banners, and -pennants.
PFGhibited by LDG-Seetien
eelfei=the GHFatien
Wind—signs,b a l loons, and a fi
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-. eoteFWise
+
at a allewed exe-lusively�-asseo
of a eppreved—tempeFaFy
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use peFmit
PUFSUant to the
(2) Signage. Applications shall include a map depicting the location and tvpe of all
signage associated with the TUP. Staff may approve minor variations to the
signage allowances below based on the impact of potential sign clutter (i.e.
internal signs are less impactful than those visible from the right-of-way), the
duration of the event, and other similar factors but the variation shall not be
extended in a manner that impacts public safety. &pee4ie General signage
requirements for TUPs are as follows:
a. For 30 day and 24 heuF single -day and multi -day TUPs:
1. Two banners with a maximum size of 32 square feet, and a maximum
height from the ground of 15 feet. A portable sign may be used in place
of one of the banners regardless of the timing restrictions of Article VI.
Ordinance No. 23-2239
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2. One balloon with a maximum height of 25 feet above the ground or the
roof of the building it is attached to or one portable/trailer sign with a
maximum size of 32 square feet. Balloon displays comprised of tethered
balloons shall not exceed 100 feet 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.
3. One wind sign per 20 lineal feet of frontage or five feet of pennants per
lineal foot of frontage
4. One A -frame sign is allowed.
b Fff monthly Recurring TUPs:
1. Two banners with a maximum size of 32 square feet and a maximum
height from the ground of 15 feet only for the dayLs of the event. A
portable sign may be used in place of one of the banners regardless of
the timing restrictions of Article VI.
2. Two Four on -site signs at the location of the recurring event of no more
than four square feet, to be allowed f6r the duFatien „f the +„...,.,,,.aFy
use peffnit.
3. One wind sign per 20 lineal feet of frontage or five feet of pennants per
lineal foot of frontage
3 4. One A -frame sign is allowed.
(5) Signage that is printed onto the canopy material of a canopy or tent is allowed and
not subject to signage restrictions.
(6) Temporary signage associated with a TUP must meet the general design and
location standards of Longwood Development Code Section 6.6.2, with the
exception of:
a. The minimum separation distance of Section 6.6.2(A).
b. The size requirements of Section 6.6.2(D).
c. The five-foot setback described in Section 6.6.2(H).
Ordinance No. 23-2239
Page 5 of 13
(c) The community development s^r,.�=---'.ccs department may issue a temporary use permit if the
following conditions are determined to be met either through the proposal as submitted,
or as modified by mandatory conditions imposed by the appropriate city depaF*me^}s
reviewers:
(1) The proposed use-pFeVides safeiRgFess and -egress te the satefeF " th Veh' �
and pedeStFians. is on its face temporary in nature and is not extensive enough or
continuous enough to be construed as an attempt to add a permanent use that is
not supported by the site.
(2) Temporary use permits may be issued in any combination unless otherwise
specified and in rare cases concurrently, but only with a finding by staff that the
concurrence of events does not conflict with the standards of this section
(3) There is no set cap to the number of total days a site can have a temporary use
permit, but where a parcel or development has had multiple temporary use
permits in a calendar year exceeding 90 total days the cumulative effect of
subsequent events shall be considered and may result in the denial of a TUP
application.
u The temporary use is either permitted as an allowable use in the zoning district
outright, or not expressly prohibited in the zoning district. While Temporary Uses
are allowed in multiple zoning districts not every use or proposed scope is
appropriate for each district, and as such some uses may be deemed
inappropriate for a particular property or zoning district. The temporary use may
also be considered as a "pilot program" for uses that could be deemed as
permanent primary or accessory uses in the future.
(5) Temporary Use Permits shall not be utilized to circumvent requirements of the
Comprehensive Plan, Longwood Development Code, City Code or this section.
Examples of circumvention include but are not limited to submitting a TUP
without a bona fide event solely for the purpose of adding more food trucks or
signage on a permanent or semi -permanent basis to a site than would otherwise
be allowed.
(6) The proposed use is not detrimental to property or improvements in the
surrounding area, particularly existing residential properties, or to the public
health: safety, or general welfare.
(7) In situations where the proposed use is found to be generally appropriate the
proposal limits noise and other negative externalities to the maximum extent
practicable while reasonably allowing the temporary use, particularly when the
Property is near residential properties. In applying this standard, reviewers shall
weigh the impacts of the temporary use against the proposed duration of the
event, i.e., the impacts of a once -a -year event may be found to differ from the
impact's of a weekly event on the same property.
Ordinance No. 23-2239
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(8) The proposed site contains sufficient land area to allow the temporary use and
associated structures, and accommodate any associated parking and traffic
movement or mitigates these deficiencies through approved off -site options.
Adequate parking shall be available either on -site or within 300 feet (with written
consent of the off -site property owner) to service both the temporary use and the
permanent uses on the site. Shuttle or valet operations from further distances will
be considered on a case -by -case basis subject to the criteria of this section.
The proposed use complies with the appropriate building, fire and safety code
requirements.
(10) The proposed use is not anticipated to be detrimental to property or
improvements in the surrounding area, including public and/or private
infrastructure, or to the public health, safety, or general welfare. 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.
11 Each temporary use permit shall indicate the day(s) and the operating hours of the
event as well as any reasonable and limited set-up or preparation time deemed
necessary for the event. T peFFnit_ Shall be iSStled in the felleWing
iRffements-.
1, t^m eF is N than thr., U h t„mn
a—�4-rtvcir-rcmpor9i-IaFS��sciririrr� �6�rrvrc-crrari-ciTre - - I I. oc-crnTp orcr�a$ c
iy3v day eFmit. PIG --Fn A -re IYFaR theee-BE) day to I n^TI7CTaFy 1
p^rmitr Fn , be issued n r development n aien.dar yeaF
r nvrtiyT�C�teifefQ�s E-p c�iiit Arper m•trof type as valid fv F six
FRORr 1�TS-�=vrrri�Stl iEc-and- arci F anr-vT-^vnc-r,i;�c-R^vcr�event
(including setup/ear_.J.,wn time) pp-r Rt-h rd..ri. g this six Fnenth p G-d The
peft Fnary--be Fenewed—afterSOX —Fndieths. No FnE)rFe than Av„t
,Y,..nthly, Fe,.UrriRgteFnpeFaFy use mit m be active at a given time
12 Operating hours are limited to 7:00 a.m. to 11:00 p.m., though compliance with
any nuisance requirements is still required. The temporary use may be authorized by
staff to exceed these operating hours where it can be demonstrated that there is no
reasonable expectation that the use will violate the City's nuisance standards.
(6) The to ^eFr iit shalall-be-displayed in an -Il ..,eat#erEe+}tai�}ef t#a�
-hews then mit tG be v ,^.J from the •,.diaeent nU6.116 St Feet
13 No ingress or egress to the site shall be solely through a residential street.
14 Events with amplified music or sound must be, at a minimum, consistent with the
nuisance standards in Chapter 38. All lighting shall be directed away from adjacent
Ordinance No. 23-2239
Page 7 of 13
properties and public rights -of -way. Additional conditions may be required as part
of the permit.
15 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.
16 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.
(17) Where a food cart that does not meet the definition of a food truck (MFDV) is
proposed, the following additional standards shall apply:
(a) Only one food cart shall be allowed per parcel or development with an
existing, active commercial use. Vacant, undeveloped lots/parcels or
inactive commercial use areas are not eligible for food cart operation.
(b) The food cart shall be located on a paved surface that is not located
within the primary structure setbacks of the subject site or within any
Public right-of-way, and shall not be located within or impede the
function of drive aisles, sidewalks or walkways, retention areas, required
parking spaces or loading spaces, or within required landscaped areas.
(c) Where the owner or designee demonstrates as part of their application
that the site has excess parking that can be utilized by the food cart, or
that the hours of operation of the food cart differ enough from that of
the primary use or uses as to allow the use of a certain amount of spaces,
the food cart may utilize those spaces for operation.
(d) Where the site is adiacent to a residential use, the location of the food
cart shall be located as far away as is reasonable from the residential use
while meeting other applicable standards, and where possible shall be
screened from the residential uses by the existing building or other
features.
(e) No customer seating areas including tents, tables, chairs, or storage are
permitted unless authorized as a permanent part of the site through an
outdoor seating permit.
(f) No additional signage, beyond that incorporated on the food cart itself, is
allowed. Banners, balloons, windfeathers, flashing lights, or similar are
not allowed.
(g) Proper disposal of trash and waste must be provided and maintained at
all times.
(h) No amplified music, speakers, or other similar noise -producing elements
are allowed as part of the food cart operation
Ordinance No. 23-2239
Page 8 of 13
(i) Food carts and related operations shall be consistent with the Florida Fire
Prevention Code as updated from time to time.
(11) rrcsracCitFaigaFageand-yardsales are-FegulatedurtdeF ChaptcF-vv,ArtFEl•e11c
18 Tents over 200 square feet and the lake, On additien to ^"+^'r'n^ a proposed as
part of a temporary use permit. are also required to obtain a building permit.
19 Any other information as determined necessary for a temporary use permit at a
particular location shall be properly analyzed and approved.
(1:4) Adequate paFl(iAg or-, available en site OF WithiR _300 feet (With WFitten eensen
en the JiLC
Sec. 58-194. Approval, Wwaiver or modifications of requirements of temporary use permits.
The Communitv Development Director may reauire. based on their review of the
application and comments received from relevant City reviewers, any conditions necessary to
reduce the impacts associated with the temporary use, including but not limited to:
(1) Limitations on the operation of the use, including location within the proposed site,
duration, frequency, and intensity
(2) Additional provisions for public safety including provisions for overflow parking and
traffic management
(3) Requiring advance notice to surrounding property owners at the expense of the
applicant
The eity eemmis City Manager 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.
event en the i
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Ordinance No. 23-2239
Page 9 of 13
Sec. 58-195. Food truck standards and site verification letters.
(a) Prior to the location of a food truck on a property, a property owner that wishes to host
a single food truck on site on a regular basis that is not associated with a temporary
use must procure a food truck site verification letter from the City that confirms that
the site and zoning are suitable for the location of the food truck. The verification
letter may include any conditions that ensure the site is suitable for a food truck.
(b) While securing the letter is the responsibility of the property owner, the property owner
may designate a food truck operator as the applicant for the purposes of applying for
the letter.
(c) A_ food truck site verification letter is valid for one year from issuance, and may be
renewed each year, but no more than one food truck may be active at any given time
on any parcel or development, unless otherwise specified through a TUP or similar
approval.
(d) A Mobile Food Dispensing Vehicle (referred to herein as a food truck) is a vehicle that is a
public food service establishment and is self-propelled or otherwise moveable from
place to place and includes self-contained utilities, including but not limited to gas
water, electricity, or liquid waste disposal, and otherwise regulated by the Department
of Business and Professional Regulation (DBPR) requiring a mobile food vendor license
subiect to;F.S. Section 509.102. Food trucks are stationary for periods greater than 10
minutes while foodstuffs are prepared, served and/or sold. A food truck does not
include roving vehicles, like an ice cream truck, that periodically travel through
residential neighborhoods selling pre -prepared or prepackaged food items or a street
peddler of unprepared foodstuffs, makeshift, standalone restaurants or buffets such as
a food tent, or a mobile vendor selling anything other than food/foodstuffs.
(e) Food carts that do not meet the definition of MFDV under state law may be permitted
under a Temporary Use Permit.
(f) Food trucks' operating under a special event permit or under a bona fide temporary use
permit issued by the City are exempt from the food truck site verification letter —
however, the TUP process shall not be used in a manner to circumvent these
restrictions.
(g) The following standards apply to food trucks within the City of Longwood. Food truck
site verification letters shall be issued where the requestor has provided information
that they can and intend to meet the following standards, which are the responsibility
of the property owner to maintain:
(1) Only one food truck shall be allowed per parcel or development with an existing
active commercial use. Vacant, undeveloped lots/parcels or inactive commercial use
areas are not eligible for food truck operation.
(2) The food truck shall be located on a paved surface that is not located within the
Primary structure setbacks of the subject site or within any public right-of-way, and
shall not be located within or impede the function of drive aisles, sidewalks or
Ordinance No. 23-2239
Page 10 of 13
walkways, retention areas, required parking spaces or loading spaces, or within
required landscaped areas.
(3) Where the owner or designee demonstrates as part of their application that the site
has excess parking that can be utilized by the food truck, or that the hours of
operation of the food truck differ enough from that of the primary use or uses as to
allow the use of a certain amount of spaces, the food truck may utilize those spaces
for operation.
(4) Where the site is adjacent to a residential use, the location of the food truck shall be
located as far away as is reasonable from the residential use while meeting other
applicable standards, and where possible shall be screened from the residential uses
by the existing building or other features.
(5) No customer seating areas including tents, tables, chairs, or storage are permitted
unless authorized as a permanent part of the site through an outdoor seating
permit.
(6) No additional signage, beyond that incorporated on the food truck itself, is allowed.
Banners, balloons, windfeathers, flashing lights, or similar are not allowed.
(7) Proper disposal of trash and waste must be provided and maintained at all times.
(8) No amplified music, speakers, or other similar noise -producing elements are allowed
as part of the food truck operation
(9) Food trucks and related operations shall be consistent with the Florida Fire
Prevention Code as updated from time to time, including the following standards
unless otherwise amended by the FFPC:
a. Mobile food dispensing vehicles shall be not less than 10 feet from all
buildings
b. Mobile food dispensing vehicles shall be not less than 10 feet from all other
vehicles
c. Mobile Food dispensing vehicles shall be not less than 10 feet from
combustible materials
d. Access to fire lanes and/or fire prevention devices shall be maintained
e. UP gas and generator storage and use shall be consistent with the Florida
Fire Prevention Code
(10) The application shall include the following:
a. The Department of Business and Professional Regulation (DBPR) mobile food
dispensing vehicle license for the proposed vendor
b. A completed fire safety inspection report performed by a fire department
within Seminole County. A fire inspection shall be conducted every six
months.
Ordinance No. 23-2239
Page 11 of 13
c. A notarized authorization letter from the property owner permitting the
operations of a food truck on an eligible private property. The authorization
shall include a phone number contact for the property owner and an
acknowledgment the owner shall be responsible for any infractions
associated with the food truck operator/owner including a fine of $200.00
Per infraction/day.
d. Licenses associated with alcohol sales if applicable.
Sec. 58-V&5196. Appeals.
The decision by the planning div Community Development Director regarding a
temporary use permit may be appealed to the city commission pursuant to the requirements of
the Longwood Development Code.
Sec. 58496197. Enforcement.
Failure to comply with the requirements of this article, including compliance with any
conditions approved as part of a temporary use permit, shall be considered a violation of the
City Code and shall' be subject to the enforcement actions described in this Code. A citation in
the amount of no less than $200.00 per infraction per day will be issued to the landowner and
the City will bring forward a code compliance case against the underlying landowner with the
intent of collecting4he fine in accordance with the City's code compliance procedures. T#e
asseemated dates of, apeFation.
Sec. 58- -W198. Fees.
I
The fees for temporary use permits shall be as established by the city commission by
resolution.
SECTION 2. CONFLICTS. If any ordinance or part thereof is in conflict herewith, this Ordinance
shall control to theiextent of the conflict.
SECTION 3: CODIFICATION. Section 1 of this Ordinance shall be codified; and any sections,
subsection, paragraph, or subparagraph may be renumbered or re -lettered as appropriate and
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.
Ordinance No. 23-2239
Page 12 of 13
SECTION 5: EFFECTIVE DATE. This Ordinance shall take effect immediately upon its adoption.
FIRST READING: August 7, 2023
SECOND READING AND ADOPTION: August 21, 2023
PASSED AND ADOPTED THIS 2111 DAY OF August, 2023
CITY OF LONGWOOD, FLORIDA
Attest:
Michelle Longo, MMC, FCRM, City Clerk
Approved as to form and legality for the use and reliance of the City of Longwood, Florida,
only.
Dani . Lan it t n
Ordinance No. 23-2339
Page 13 of 13