23-2241 Amending Ord. 23-2236 Adding New Non-Codified Section 5 Entitled "VESTING"ORDINANCE NO.23-2241
AN ORDINANCE OF THE CITY OF LONGWOOD, FLORIDA, AMENDING ORDINANCE NO. 23-2236
TO ADD A NEW NON -CODIFIED SECTION 5 TO SUCH ORDINANCE ENTITLED "VESTING' RELATED
TO THE LONGWOOD DEVELOPMENT CODE ARTICLE IX HARDSHIP RELIEF AND SPECIAL
EXCEPTIONS TO ADDRESS SITUATIONS WHERE A COMMERCIAL LEASE FOR A CERTAIN LAND
USE WAS SIGNED PRIOR TO THE ADOPTION OF ORDINANCE NO. 23-2236; PROVIDING FOR
CONFLICTS, 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, the Land Planning Agency (LPA) held a public hearing on September 13, 2023
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
WHEREAS, The City Commission adopted Ordinance No. 23-2236 related to the siting and
proliferation of smoke shops, marijuana dispensaries, smoking lounges, and CBD establishments
when located adjacent or in close proximity to other such uses; and
WHEREAS, two business owners approached the City Commission and stated that they
had signed a lease for a business affected by the ordinance prior to its effective date; and
WHEREAS, the City Commission wishes to create a pathway for these and similarly
affected business owners to operate as a legally non -conforming use; and
WHEREAS, the City Commission determines that this Ordinance is consistent with the
Comprehensive Plan and in the best interest of the public health, safety and welfare.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
LONGWOOD, FLORIDA, AS FOLLOWS:
SECTION 1. Longwood Ordinance No. 23-2236 shall be Amended only as follows to add a new
Section 5 entitled Vesting. (Words that are 4.-; ut are deletions; words that are underlined
are additions; Articles, Sections, Subsections and Provisions not referenced in this ordinance are
not modified):
Ordinance No. 23-2241
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"Section S. VESTING. Where a business that would have been an allowable use prior
to changes in this Ordinance would no longer be allowed due to changes made by this
ordinance, and where that business can provide to the City on or before October 15
2023 a copy of a commercial lease signed by both the tenant and property owner that
is dated and executed prior to the effective date of this Ordinance the business will
be allowed to open and operate as a legally non -conforming use provided it complies
with all other applicable ordinances, regulations and land development code
provisions."
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 not be codified.
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.
LAND PLANNING AGENCY HEARING: September 13, 2023
FIRST READING: September 18, 2023
SECOND READING AND ADOPTION: October 2.2023
PASSED AND ADOPTED THIS 2"d DAY OF October, 2023
CITY COMMISSION
CITY OF LON WOOD, FLORIDA
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TONY BOEVMAYOR
Ordinance No. 23-2241
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ATTEST:
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Approved as to form and legality for the use and reliance of the City of Longwood, Florida, only.
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DANEL W. IGLE ., Cl
Ordinance No. 23-2241
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