23-2247 Amending Chap 18 Building Permits in Deed Restricted SubdivsionsORDINANCE NO. 23-2247
AN ORDINANCE OF THE CITY OF LONGWOOD, FLORIDA, AMENDING THE LONGWOOD CITY
CODE CHAPTER 18 ARTICLE II "BUILDING PERMITS;' DELETING SECTION 18-62 REGARDING
APPEARANCE REQUIREMENTS FOR SINGLE-FAMILY RESIDENTIAL STRUCTURES IN DEED
RESTRICTED SUBDIVISIONS; PROVIDING FOR CONFLICTS, CODIFICATION, SEVERABILITY AND
AN EFFECTIVE DATE.
WHEREAS, Section 18-62 of City Code Chapter 18, Article II, presently includes standards
that require an approval certificate from qualifying homeowners' association for a proposed
residential project indicating compliance with the HOA's adopted design standards prior to the
issuance of a building permit by the city; and
WHEREAS, the City of Longwood is not party to the restrictions within a deed -restricted
subdivision and has no role or authority in evaluating the application or enforcement of
appearance standards in a given subdivision, but is required by this section of code to withhold
the permit if the Homeowners' Association denies or fails to provide approval in a timely
manner; and
WHEREAS, this situation leaves the City in a position where it is required to enforce
Homeowners' Association standards with no ability to determine whether those standards are
being properly applied or to be able to provide recourse to a resident; and
WHEREAS, the powers given to Homeowners' Associations in deed -restricted
subdivisions are protected by State law and are neither strengthened nor weakened by this
ordinance; and
WHEREAS, The City Commission wishes to remove the requirements for homeowners'
association approval as a condition of the issuance of building permits in order to remove the
City from potential disputes between Homeowners' Associations and residents.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LONGWOOD,
FLORIDA, AS FOLLOWS:
SECTION 1. Chapter 18, Article II of the Longwood City Code shall be Amended as follows
(Words that ares„"r-kPR Aut are deletions; words that are underlined are additions; Articles,
Sections, Subsections and Provisions not referenced in this ordinance are not modified):
Chapter 18 - BUILDINGS AND BUILDING REGULATIONS
Ordinance No. 23-2247
Page 1 of 4
ARTICLE II. - BUILDING PERMITS
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Ordinance No. 23-2247
Page 2 of 4
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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; 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.
SECTION 5: EFFECTIVE DATE. This Ordinance shall take effect immediately upon its adoption.
FIRST READING: October 16, 2023
SECOND READING AND ADOPTION: November 6.2023
PASSED AND ADOPTED THIS 61h DAY OF November, 2023
A
CITY COMMISSION
CITY OF LONGWOOD, FLORIDA
TONY EVONf, MAYOR
ICHELLE LONG, KMC, FCRM, City Clerk
Ordinance No. 23-2247
Page 3 of 4
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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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DANIEL W.&AE2�46T ATTORNEY
Ordinance No. 23-2247
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