Ordinance 143
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ORDINANCE NO.. ~
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AN ORDINANCE ESTABLISHING ZONING REGULA-
TIONS FOR THE ~TO~TrJ OF LONGWOOD, FLORIDA,
AND PROVIDING FOR THE ADMINISTRATION,
' ENFORCEMENT., AND AMENDMENT THEREOF, IN .
ACCORDANCE WITH THE PROVISIONS OF ..CHAPTER
176,_, FLORIDA STATUTES, PROVIDING _PENALTIES
FOR THE VIOLATION OF THIS ORDINANCE, AND
REPEALING ALL ORDINANCES IN CONFLICT HERE~tITH
WHEREAS Chapter 176,~Florida Statutes, empowers the
Town of Longwood to enact a zoning ordinance and to provide
for its administration, enforcement, and amendment, and
WHEREAS the Town Council of the Town of Longwood deems
it necessary, for the purpose of promoting the health, safety,
morals, and general welfare of the Town to enact such an
' _ ordinance, and
WHEREAS the~~Town Council, pursuant to the provisions
of Chapter 176, Florida Statutes, has appoir.~~ted a Zoning Com-
mission to recommend the k~oundaries of the various .original
districts and appropriate regulations to be enforced therein, and
WHEREAS the Zoning Commission has divided the Town into
districts and~has prepared regulations pert~~ining to such dis-
tricts in accordance with a .plan and design to lessen congestion
in the streets; to secure safety from fire, panic, and other
dangers; to promote health and the general vTelfare to provide -
adequate light and air; to prevent the overcrowding of land;
to avoid undue concentration of population; to facilitate the
adequate provision of transportation,, water;,. sewerage, schools,
parks, and other publid requirements, and
~~THEREAS the Zoning Cor~unission has givE.n reasonable con-
sideration, among other things, to the char~~eter of the dis-
' tricts and their peculiar suitability for p~~rticular uses,
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WHEREAS the Town Council has given due public notice
of hearings relating to zoning districts, regulations, and
restrictions, and has held such public heari~zg, and
WHEREAS all requirements of Chapter 17+~, Florida Stat-
utes, with regard to the preparation of the :report of the
Zoning Commission and the subsequent action ~~f the Town Council
have been met;
NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE +3F THE TOWN OF
LONGWOOD, FLORIDA;
SECTION 1. ESTABLISHMENT OF DISTRICTS: PROVISIOPJ FOR
OFFICIAL ZONING NTAP
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The Town is hereby divided into zones, or districts, as r¢.~
shown on the Official Zoning Map which, together with all ex-
planatory matter thereon, is hereby adopted 'by reference and
declared to be a part of this ordinance.
The Official Zoning Map shall be identified by the signa-
ture of the Mayor attested by~the Town Clerk, and bearing the
seal of the Town under the following words: "This is to certify
that this is the Official Zoning Map referre+i to in Section 1
of Ordinance Number ~ of the Town of Lengwood, Florida, rr
together with the date of the adoption of this ordinance.
If, in accordance with the provisions of thus ordinance
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and Chapter 176, Florida Statutes, changes are made in district _
boundaries or other matter portrayed on the Official Zoning
Map, such changes shall be made on the Official Zoning Niap
promptly after the amendment has been approved by the Town
Council,. together with an entry on the Official Zoning A'Iap as
follows; 'tOn day of ~ , by official action
of the Town Council, the following changes were made in the
/
o
Official Zoning Nia.p shall become effective until after such
change and entry has been made. on said map.
No changes of any nature shall be made in the Official
Zoning Niap or matter shown thereon except in conformity with
the procedures set forth in this ordinance. Any unauthorized
change of whatever kind by any person or persons shall be
considered a violation of this ordinance and punishable under
Section of this ordinance. .
. Regardless of the existence of purported copies of the
Official Zoning Map which may from time to time be made or
published, the official Zoning NTap which shall be located in
the office of the Town Clerk shall be the final authority as
~ to the current zoning status of lands, buildings, and other
structures in the Town.
SECTION 2. RULES FOR INTER.PRETATIOId ~OF DISTRICT BOUNDARIES
T~There uncertainty exists as to the boundaries of districts
as shown on the Official-Zoning Neap, the following rules shall
apply:
1, Boundaries indicated as approximately following the
center lines of streets, highways, or alleys shall be con-
strued to follow such center lines;
2. Boundaries indicated as approximately following
r~--'=~~ , platted lot lines shall be construed as following such lot
lines;
3. Boundaries-indicated as approximately following town
limits shall be construed as following town limits;
Boundaries indicated as following railroad lines
shall be construed to be midway between the main tracks;
5. Boundaries indicated as following shore lines shall
ho rnn~tr~iicrl to f
nl l n~.r ~nnh aY~nv~a l i r~oo an,9 i r~ tL.e etre.~t
Ulhere the street or property layout existing on
the ground is at variance with that shown o:n the Official ,J~
Zoning Map, or in other circumstances not covered by sub-
sections 1 through 6 above, the Board of Adjustment shall in-
terpret the district boundaries.
SECTION 3. APPLICATION OF DISTRICT REGULATIONS
Except as hereinafter provided:
1. Pto building, structure, or land shall hereafter be
used or occupied, and no building or~struct~ure or part thereof
shall hereafter be erected, constructed, reconstructed, moved,
or structurally altered unless in conformity with all of the
regulations herein. specified for the district in which it is rl_._., ,
located.
2. No building or other structure shall hereafter be
erected or altered: `
(a) to exceed the height;
(b) to accommodate or house a greater number of
families;
(c) to occupy a greater percentage of lot area;
(d) to have narrower or smaller rear yards, front
yards, side yards, or other open spaces;
than herein required; or in any other manner contrary to the
provisions of this ordinance.
3. No part of a guard, or other open space, or off-
street parking or loading space required about or in connection
with any building .for the purpose of complying with this ordi-
nance, shall be included as part of a yard, open space, or
off-street parking or loading space similarly required for
any other building.
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the minimum requirements established by this ordinance.
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: Within each district, the regulations set by this ordinance
shall be minimum regulations and shall apply uniformly to
each class or kind of structure or land.
All ter~„~„~„which9ma ~~annexed to the ~ "
Town shall be considered to ~..~d in the same m was
the contiguous territory inside prey
iY tok~ imits until
otherwise classified.
' SECTION 1i.. NOP1-CONFORMING LOTS, NON-GONFORMING USES
OF LAND, NON-CONFORMING STRUCTURES, AND NON-CONFORMING USES
OF STRUCTURES AND PREMISES
1. INTENT- Within the districts established by this
ordinance or amendments that may later be adopted there exist
lots, structures, and uses of land and structures which were
lawful before this ordinance was passed or ~unendeci, but which
would be prohibited under the terms of this ordinance or
future amendment.
It is the intent of this ordinance to permit these non-
conformities to continue until they are removed, but not to
encourage their survival. Such uses are de~;lared by this
ordinance to be incompatible with permitted uses in the dis-
tricts involved. It is further the intent of this ordinance
that non-conformities shall not be enlarged upon, expanded nor
extended, nor to be used as grounds for adding other structures
or uses prohibited elsewhere in the same district.
A non-conforming use of a structure, non-conforming
use of land, or a non-conforming use of a structure and land
shall not be extended or enlarged after passage of this
ordinance by attachment of additional signs. to a building, or
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or designated use of any building; on which actual construction
was lawfully_,,begun prior to the effective dace of adoption or ,,.r
amendment of this ordinance and upon which actual building
construction has been diligently carried on. Actual con-
struction is hereby defined to include the ~~lacing of con-
struction materials in permanent position ar.~d fastened in a
permanent manner, and demolition, elimination, and removal
of an existing structure in connection with such construction,
provided that actual construction work steal]. be diligently .
carried on until the completion of the builcing involved.
2. NON-CONFORMING LOTS OF RECORD® In ~~ny district in
which single-family dwellings are permitted,, notwithstanding
limitations imposed by other provisions of this ordinance, a
single-family dwelling and customary accessory buildings may
be erected on any single lot of record at the effective date
of adoption or amendment of this ordinance. Such lot must be
in separate ownership and not of continuous frontage with
other lots in the same ownership. This pro~rision shall
apply even though such lot fails to meet th+s requirements
for area or width, or both, that are generally applicable
in the district, provided that yard dimensions and other
requirements not involving area or width, oar both, of lot
shall conform to the regulations for the district in which
such lot is located. Variance of area, width, and yard re-
quirements shall. be obtained only through a~~tion of the Board
of Adjustment.
If two or more lots or combinations o:e lots and portions
of lots with continuous frontage in single ~~wnership are of
record at the time of passage or amendment ~of_this ordinance,
_ ~ r _ ~ ~ v T a. L,. l ...s-.. .i i. .mot ~N lnn v.c. r.~~i ~ne~n.~r~t e
ordinance.
3. NON-CONFORMING USES OF LAND- Where, at the effective
. date of adoption or amendment of this ordin~~nce, lawful use of
land exists that is made no longer permissible under the
terms of this ordinance as enacted or amended, such use may
be continued, so long as it remains otherwi:;e lawful, subject
to the following provisions;
(a) No such non-conforming use shell be enlarged
or..increased, nor extended to occu~~y a greater area
of land than was occupied at the effective date of
adoption or amendment of this ordinance;
(b) No such non-conforming use shell be moved in
whole or in part to any other port:Lon of .the lot or
parcel occupied by such use at the effective..d~te of
adoption or amendment of this ordi~aance;
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( c ) If any such non-conforming us~a of land ceases
for any reason for a period of more than 30 days,
any subsequent use of such land sh<~11 conform to
the regulations specified by this ~~rdinance for
the district in which such land is located.
NONmCONFORMING STRUCTURES- Where lawful structure.
exists at the effective date of adoption or amendment of this
ordinance that could not be built under the terms of this
ordinance by reason of restrictions on area., lot coverage,.
height., yards, or other characteristics of 'the structure or
its location on the lot, such structure may be continued so
long as it remains otherwise lawful, subject to the following
provisionse
. (a) No such structure may be enlarged or altered
in.a way which increases its non-conformity;
(b) Should such structure be destroyed by any
means to an extent of more than ~0 per cent of
its replacement cost at time of .=,destruction, it
shall not be reconstructed except in conformity
with the provisions of this ordinance;
(c) Should such structure be moved for any reason
for any distance whatever, it shall thereafter con-
form to the regulations for the district in which
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so long as it remains otherwise lawful, subject to the
following provisions;
(a) No existing structure devoted to a use '
not permitted by this ordinance in the district
in which it is located shall be enlarged, ex-
tended, constructed, reconstructed, moved or
structurally altered except in changing the
use of the structure to a use permitted in the
district in which it is located;
(b) Any non-conforming use may be extended
throughout any parts of a building which were
manifestly arranged or designed fo:r such use
at the time of adoption or amendment of this
ordinance, but no such use shall be extended
to occupy any land outside such building;
(c) If no structural alterations ;ire made, any
non-conforming use of a structure, or structure
and premises, may be changedtio another nonconform-
ing use provided that the Board of Adjustment, ~~i=
either by general rule or by making findings in
the specific case, shall find that 'the proposed
use is equally appropriate or more appropriate
to the district than the existing :non-conforming
use. In permitting such change, t:he Board of
Adjustment may require appropriate conditions
and safeguards in accord with the :provisions of
this ordinance;
(d) Any structure, or structure a~1d land in
combination, in or on which a non-conforming use
is superseded by a permitted use, ;shall thereafter
conform to the regulations for the district in
which such structure is located, a~zd the non-
conforming use may not thereafter lie resumed;
(e ) Gdhen a non-conforming use of structure, or
structure and premises in combination, is dis-
continued or abandoned for six consecutive months
or for 1$ months during any three-;gear period,
the structure, or structure and premises in com-
bination, .shall not thereafter be ~.zsed except in
conformance with the regulations o:E' the district
in which it is located;
(f ) Where non-conforming use stat~zs applies to
a structure and premises in combin~~tion, removal
or destruction of the structure shell eliminate
the rnon-conforming status of the 1~and.
6. REPAIRS AND A~IAINTENANCE- On any building devoted
in whole or in part to any non-conforming u;~e, work may be
a~r~ nv~~r r,~v.~~r7 f' l7 ~~~ne~~~.~-1-~tr.~ ,,...'..~.+.L...
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' provided that the cubical content- of the bu~.lding as it ex-
fisted at the time of passage or amendment of this ordinance
shall not be increased.
Nothing in this ordinance shall de deE:med to prevent
the strengthening or restoring to a safe coYidition of any
building or part thereof declared to be unsafe by any town
official charged with protecting the public safety, upon
order of such official.
7. USES UNDER EXCEPTION PROVISIONS NOT NON-CONFORMING
USES- Any use for which a special exception is permitted as
provided in this ordinance shall not be deemed a non-conform-
ing use, but shall without further action bE; deemed a con-
fouling, use in such district.
SECTION 5. SGHEDULE OF DISTRICT REGU]:,ATIONS ADOPTED
District regulations shall be as set forth in the Schedule
of District Regulations marked "Exhibit A"'9 and attached hereto,
and hereby adopted by reference, and declared to be a part of
this ordinance.
SECTION 6. SUPPLEMENTARY DISTRICT REGULATIONS
1. VISIBILITY AT INTERSECTIONS IN RESIDENTIAL DISTRICTS-
. On a corner lot in any residential district, nothing shall be
erected, placed, planted, or allowed to grow~in such a manner
as materially to impede vision between a height of two and
a half and ten feet above the centerline grades of the inter-
secting streets in the area bounded by the street lines of
such corner lots and a line joining points along said street
lines 50 feet from the point of the intersection.
2. FENCES, WALLS AND HEDGES- Notwithstanding other ~
provisions of this ordinance, fences, walls, and hedges may
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1. ADMINISTRATION AND ENFORCEP~ZENT- An administrative
official designated by the town council sha1:1 administer and
enforce this ordinance. He .may be provided ~n~ith the assistance
of such other persons as the town council mazy direct.
~If the administrative official shall find that any of
the provisions of this ordinance are being violated, he shall
notify in writing the person responsible for such violations,
indicating the nature of the violation and ordering the action
necessary to correct it. He shall order discontinuance of
illegal use of land, buildings., or structures; removal of
illegal buildings or structures or of additions, alterations,
or structural changes thereto; discontinuance of any illegal
work being done; or shall take any other action authorized
by this ordinance to insure compliance with or to prevent
violation of its provisions.
2. BUILDING PERMITS REQUIRED- No building or other
structure shall be erected, moved, added to, or structurally
altered without a permit therefor, issued b5~~ the administrative
official. No building permit shall be issued except in con-
formity with the provisions of tYiis ordinance, except after
written order from the Board of Adjustment.
3. APPLICATION FOR BUILDING PERMIT- ~~11 applications
for buildit~~ Hermits shall be accompanied b3~ plans in duplicate,
drawn to scale, showing the actual dimensions and shape of
the lot to be built upon; the ex<~ct sizes acid locations on
the lot of buildings already existing, if arty; and the
location and dimensions of the proposed buiAding or alteration.
The application shall include such other in~'ormation as lawfully
may be required by the administrative official, including
Px;.~r.;nu or nrorosed building or alteration; existing or pro-
,
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One copy of the plans shall be returned to the applicant
by the administrative official, a:E'ter he shall have marked such
copy either as approved or disapproved and attested to same ~
by his signature on such copy. The second copy of the plans,
similarly marked, shall be retained by the aciministrati.ve
official.
1~.. CERTIFICATES, OF ZONITdG COMPLIANCE OR NEST, ALTERED, ~
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OR NON-CONFORMING USES- It shall be unlawfu~L to use or occupy
or permit the~use~~or occupancy of any building or premises,
or both, or part thereof hereafter created, E;reeted, changed,
converted, or wholly or ..partly altered or en~Larged in its use
or structure until a certificate of zoning compliance shall
have been issued therefor by the administrative official
stating that the proposed use of the building; or land conforms
to the requirements of this ordinance.
No non-conforming structure or use sha:Ll be maintained,
renewed, changed, or extended until a certificate of zoning ,
complaince shall have been issued by the admnistrative
official. The certificate of zoning compliance shall state
specifically wherein the non-conforming use differs from the
provisions of this ordinance, provided that ~zpon enactment
or amendment of this ordinance, owners or oc+:upants on non-
conforming uses or structures shall have thr+:e months to apply
for certificates of zoning compliance. Fail~~re to make such
application within three months shall be pre,3umptive evidence
that the property was in conforming use at the time of enact-
ment or amendment of this ordinance.
No permit for erection, alteration, moving, or repair
of any building shall be issued until an application has been
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made for a certificate of zoning compliance, and the certificate
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temporary certificate may require such conditions and safe-
guards as will protect the safety of the occupants and 'the
public.
The administrative official shall rnai:ntain a record
of all certificates of zoning complaince, a:nd copies shall
be furnished upon request to any person.
Failure to obtain a certificate of zoning compliance
shall be a violation of this ordinance and ;punishable under
Section 16 of this ordinance.
5• ~ EXPIRATION OF BUILDING PERP~iIT: SPECIAL BUILDING
PERMIT- If the work described in any building permit has
not begun within 90 days from the date of issuance thereof,
said permit shall expire and be cancelled bey the administrative ,"`",i:
official, and written notice thereof shall 'be given to the
persons effected.
If the work described in any building permit has not
been substantially completed within one year of the date of
issuance thereof, said permit shall expire :end be cancelled
by the administrative official, and written notice thereof
shall be given to the persons affected, tog~ather with notice
that further work as described in the cancelled permit shall
not proceed unless and until a special building permit has
been obtained. _
At the discretion of the administrative official, such
special permit may be based on the original application or
he may require submission of a new application. The special
permit may include limitations on time allo~~aed for substan-
tial completion of the work, and provisions for a reasonable
performance bond to insure completion within the time limit
set.
for the unexpired term of the member affected. The Town
Council may in its discretion act as the Board of Adjustment.
1. PROCEEDINGS OF THE BOARD OF ADJUS~LZENT- The Board
of Adjustment shall adopt rules necessary to the conduct of
its affairs, and in keeping with the provisions of this ordinance,,
Meetings shall be held at the call of the chairman and at
such other times as the Board may determine. The chairman,
or in his absence the acting chairman, may administer oaths
and compel the attendance of witnesses. All meetings shall
be open to the public.
The Board of Adjustment shall keep minutes of its .
proceedings, showing the vote of each member upon each ques-
tion, or if absent~or failing to vote indicating such fact,
and shall keep records of its examinations a,nd other official
actions, all of which shall be a public record and be immediately
filed in the office of the Board.
2. HEARINGS; APPEALS 9 NO'.~ICE- Appe2~ls to the Board
of Adjustment may be taken by any person ag€;rieved or by any
officer or bureau of the governing body of t;he city affected
by any decision of tY?e administrative official. Such appeals
shall be taken within a reasonable time, noi: to exceed 60
days or such lesser period as may be providE;d by the rules
of the Board, by filing with the administrative official
and with the Board of Adjustment a notice o:E appeal specifying
the grounds thereof. The administrative official shall forth-
with transmit to the Board all papers constituting the record
upon which the action appealed from was taken. .
The Board of Adjustment shall fix a reasonable time
for the hearing of the appeal, give public .notice thereof as
a stay would, in his opinion, cause imminent peril to life
and property. In such case proceedings sha:11 not be stayed
other than by a restraining order which may be granted by
the Board of Adjustment or by a court of re~~ord on application,
on notice to the administrative official fr~~m whom the appeal
is taken and on due cause shown..
SECTION 9. THE BOARD OF ADJUSTMENT: :~?06~VERS AND DUTIES
The Board of Adjustment shall have thy: following
powers and duties:
1. ADMINISTRATIVE REVIEW To hear anti decide appeals
where it is alleged there is error in any o~^der, requirement,
decision, or determination made by the admi~zistrative official
in the enforcement of this ordinance.
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2. SPECIAL EXCEPTIONS: CONDITIONS GO'TERNING APPLICATIONS;
PROCEDURES-
To hear and decide only such special exceptions as the
Board of Adjustment is specifically authori;~ed to pass on
by the terms~of this ordinance; to decide such questions as
are involved in determining whether special exceptions should
be granted; a_nd~to.~grant special exceptions with such con-
ditions and safeguards as are appropriate wider this .ordinance,
or to deny special exceptions when not in h~~rmony with the
purpose and intent of this ordinance. A special exception
shall not be granted by the Board of Adjustment unless and
until:
(a) A written application for a special exception
is-submitted indicating the sectio~l of this
ordinance under which the special ~sxception is
sought and stating the grounds on i~hich it is
requested;
(b) Notice shall be given at least fifteen days
in-advance of public hearing. The owner'of the
property for which special_excepti~~n is sought
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In granting any special exception, the Board of
Adjustment may prescribe approa~te conditions and safe-
.~-..,.,p,...,....e..~. ,~.~.rax,
guards in conformity with this ordinance. V:Lolation of
such conditions and safeguards, when made a ~~art of the
terms under which the special exception is g:^anted, shall
be deemed a violation of this ordinance and ~~unishable under
Section 17 of this ordinance. The Board of ~~djustment shall
prescribe a time limit within which the acti~~n for which
the special exception is required shall be begun or completed,
or both. Failure to begin or complete, or both, such action
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within the time limit set shall void the special exception.
3. VARIANCES; COi~1DITI0NS GOVERNING APPLICATIONS;
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FI
a` PROCEDURES-
To authorize upon appeal in s`peeific c,~ses such variance
from the terms of this ordinance as. will-not be contrary.to
the public interest tiehere, owing to special conditions, a
literal enforcement of the provisions of this ordinance would
result in unnecessary hardship. A variance from the terms of
this ordinance shall not be granted by the Board of Adjustment
unless and until:
(a) A written application for a variance is .
submitted 'demonstrating:
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(1) That special conditions and cir-
~-r .'ti ~ _ _ .cunist~ances exist which are peculiar to
~ the land,. structure, or building in-
volved and which are not applicable
to other lands, structures, or buildings
in the same district;
(2) That literal interpretation of the
provisions of this ordinance would de-
prive the applicant of rights commonly
enjoyed by other properties in the same
district under the terms of this ordinance;
(s) That the special conditions and cir-
cumstances do not result from the actions
(b) Notice of ublic hearing shall be ,given as_
in.Section g (2~ (b) above;
( c ) The public hearing shall be heldo Any party
may appear in person, or by agent or by attorney;
(d) The Board of Adjustment shall make findings that
the requirements of Section g (3) (a) h;~ve been met
by the applicant for a variance;.
(e) The Board of Adjustment shall further make a
finding that the reasons set forth in t]'ae application
~us_t~i~f_ the ranti~n~~of the variance th;~t will make
possi~~eas-onab'
e.~`
use
o the and, building,
or structure;
(f) The Board of Adjustment shall further make a
finding that the rantin of the varian~~e will be
in a harmony wit e genera purpose a~3 intent
of this ordinance, will not be injuriou;3 to the
neighborhood, or otherwise detrimental i.o the
public welfare.
In granting any variance, the Board of i~djustment may
prescribe appropriate conditions and safeguards in conformity
with this ordinance. Violation of such condi1~ions and safe-
guards, when made a parb of the terms under which the variance
is granted, shall be deemed a violation of th'Ls ordinance and
.punishable under Section 16 of this ordinance..
Under~no circumstances shall the '~oard of Adjustment
grant a variance to permit a use not generall;~~or by special
'exception permitted in the district involved, or any use ex-
pressly or by implication prohibited by the tEsrms of this
ordinance in said district. i'-
Lr.. DECISIONS OF THE BOARD 0~' ADJUSTR3EN'.C- In exercising
the above mentioned powers, the Board of Adjustment may, so
long as such action is in conformity with the terms of this
ordinance, reverse or affirm, .wholly or partl;T, or may modify ~ j'
the order, requirement, decision, or determin~~tion appealed.
from and may make such order, requirement, derision, or de-
termination as ought to be made, and to that ~.nd shall have
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application of this ordinance. -
SECTION 10. APPEALS FROM THE BOARD OF' ADJUSTMENT.
Any person or persons, or any board, taxpayer, depart-
ment, board or bureau of the town aggrieved by any decision
of the Board of Adjustment may seek review try a court of
record of such decision, in the manner provided by the laws
of the State of Florida and particularly by Chapter 176,
Florida Statutes.
SECTION 11. DUTIES OF ADMINISTRATIVE OFFICIAL, BOARD
OF ADJUSTMENT, TOWN COUNCIL, AND COURTS ON NTATTERS OF APPEAL
It is the intent of this oz~dinance th~~t all questions
of interpretation and enforcement shall be first presented
to the administrative official, and that such questions shall
be presented to the Board of Adjustment on13~ on appeal from
the decision of the administrative official„ and that recourse
from the decisions of the Board of Adjustment; shall be to the
courts as provided by law and particularly try Chapter 176,
Florida Statutes:.
SECTION 12. SCHEDULE OF FEES, CHARGE:i,~AND EXPENSES
The Town Council shall establish a scTedule of fees,
charges, and. expenses, and a collection procedure, for building
permits, certificates of zoning compliance, appeals, and other
matters pertaining to this ordinance. This schedule of fees
shall be posted in the office of the admini;~trative official,
and may be altered or amended only by the Town Council.
No permit, certificate, special except;ion, or variance
shall be issued unless or until such costs, charges, fees, or
expenses have been paid ir. full, nor shall ~?ny action be taken
on proceedings before the Board of Adjustme~lt unless or until
~r_~]_i_mi-na_r_vcharaes and fees have been paid in full.
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the time and dace of such hearing shall be published in
a newspaper of general circulation in the town. ~ ~
' In case, however, of a proi;e,st a _a~, insi; suc change
signed by the owners-_of twent;~pes^cent or mcr®the.r ~of the
area of the lots included in such proposed change, or of those
immediately adjacent in the rear thereof extending 500 feet
therefrom~or of those directly opposite thE~reto extending
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five }auxadred feet from the street frontage cif such opposite
lots, such amendments shall not become effective except by
the favorable vote of three,-fourths of the governing body
of the town.
SECTION 14. PROVISIONS OF ORDINANCE LiECLARED TO BE
T~IINIMUNI REQUIREMENTS . ~
In their interpretation and application, the provisions
of this ordinance shall be held tca be ~ minimu~~ requirements,
adopted for the promotion of the public health, safety, morals
or general welfare. Wherever the requirements of any other
lawfully adopted rules, regizlatians, ordinances, deed re-
strictions or covenants, the most restrictive or that imposing .
the higher_standards, shall govern.
SECTIOPd' 15. COMPLAINTS REGARDING VIOLATIONS.
Whenever a violation of this ordinance occurs, or is
alleged to have occurred, any person may file a written com- ,_.Q-,
plaint. Such complaint stating fully the causes and basis
thereof shall be filed with the administrative official. He
shall record properly such complaint, immediately investigate,
. and take action thereon as provided by this ordinance.
SECTION lb. PENALTIES FOR VIOLATION
Any person who violates this ordinance or fails to
comply with any of its requirements shall upon conviction
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The owner or tenant of any building, ;;tructure,
premises, or part thereof, and any architect:,, builder, con-
tractor, agent, or other person who commits,, participates in,
assists in, or maintains such violation may each be found
guilty of a. separate offense and suffer the penalties herein
provided.
Nothing herein contained shall prevenic the town from
taking such other lawful action as is neees;~ary to prevent
or remedy any violation.
SECTION 17. SEPARABILITY CLAUSE
Should any section or provision of this ordinance be
declared by the courts to be vnconstitution~al or invalid, such
~ decision shall not affect the validity of file ordinance as a
whole, or any part thereof other than the p;~.rt so declared to
be unconstitutional or invalid.
SECTION 1$. DEFINITIONS
For the purposes of this ordinance, certain terms or
words used herein shall be interpreted as fellows:
The word ep rson includes a firm, association, organiza-
tion, partnership, trust, company, or corporation as well as
an individual.
The present tense includes the future tense, the singular
number includes the plural, and the plural :number includes the
singular.
The .word shall is mandatory, the word m___y is permissive.
The words used or occupied include the words intended,
designed, or arranged to be used or occupied.
The word lot includes the words plot or arcel.
.Accessory Use or Structure- A use or structure on the
same lot with, and of a nature customarily incidental and
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Dwelling 1~Iultiple-Family - A residence designed for
,
or occupied by three or more families, with separate house-
keeping and cooking facilities for each.
Famil -One or more persons occupying a single house.-
keeping unit and using common cooking facilities, provided
that unless all .members are related by blood or marriage, no
such family shall contain over five persons..
Lot - For zoning purposes, as covered by this ordinance,
a lot is a parcel of land of at least sufficient size to meet
minimum zoning requirements for use, coverage and area, and
' to provide such yards and other open spaces as are herein re-
quired. Such lot shall have frontage on an improved public
street, and .may consist of:
(a) a single lot of record;
-(b) a portion of .a lot of record;
(c) a combination of complete :Lots of record, of
complete lots of record and pori`,ions of lots of
record, or of portions of lots of record;
(d) a parcel of land described by metes and
bounds description;
provided that in no case of division or coml~ination shall any
residual lot or parcel be created which doers not meet the
requirements of this ordinance. 'may'
Lot Frontage - The front of a lot sh<~11 be construed to
be the portion nearest the street. For the purpose of determin-
ing yard requirements on corner lots and through lots, all
sides of a lot adjacent to streets shall be considered frontage,
and yards shall be provided as indicated under Yards in this
section.
(b) Width of a lot shall be considered to be the
~ distance between straight lines connecting front and, rear lot
lines at each side of the lot, measured across the rear of the
required front yard, provided however~_that width between side
lot lines at their foremost points (where they intersect with
the street line) shall not be less than ~0 p~~r cent of the re-
quired lot width except in the case of lots ~~n the turning
circle of cols-de-sac, where the $0 per cent requirements shall
not apply.
Lot of Record - A lot which is part of a subdivision
recorded in the office of the Clerk of the Circuit Court, o:r
a lot or parcel described by metes and bound;, the description
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of which has been so recorded.
Lot Types - .
(a) Corner Lot, defined as a loi; located at
'a
the intersection of two or more streets. A :Lot abutting on
a curved street or streets shall lie considered a corner lot if
straight lines drawn from the foremost point:; of the side lot
lines to the foremost point of the lot meet yin interior angle
of less than 135 degrees.
(b) Interior Lot, defined as a 7!ot other than a ~
corner lot with only one frontage on a street: other than an
~ alley.
(c) Through Lot, defined as a lot other than a
corner lot with frontage on more than one stz~eet other than
an alley. Through lots with frontage on two streets may be
referred to as double front~e lots.
(d) Reversed Frontage Lot, defined as a lot in
which the frontage is at right angles, or ap~~roximately right
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Parking Space:, Off-Street - An off-street parking space
shall comprise not less than 1$0 square feel:, of parking stall
' plus necessary maneuvering space. Space fo:~^ maneuvering in-
cidental to parking or unparking shall not ~ancroach upon any
public way. Every off-street parking space shall be accessible
from a public way.
Sin - Any device designed. to inform.,, or attract the
attention of persons not on the premises on which the sign is
located, provided however that the followin;~ shall not be in-
cluded in the application of the regulations herein:
(1) Signs not exceeding one square foor in area
and bearing only property numbers, post box numbers, -
or names of occupants of premises9
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(2) Flags and insignias of any government except
when displayed in connection with commercial pro-
motion.
(3) Legal noticesy identification, information,
or.directional signs erected by government bodies;
(4) Integral decorative or architectural features
of.buildings, except letters, trademarks, moving
parts, or moving 1'igh~s9
t5) Signs directing and guiding traffic and parking
on-private property, but bearing no advertising
matter.
Sims, Number and Surface Area® For the purpose of
determining number of signs, a sign shall be considered to
be a single display surface or display device containing elements
organized, related, and composed to form a unit. 6~There matter
is displayed in a random manner without organized relationship
of elements, or where there is reasonable doubt about the
relationship of elements, each element shall be considered
to be a single sign.
The surface area of assign shall be computed as including
the entire area within a parallelogram, triangle, circle, or
~
Signer On Site- A sign relating in it:; subject matter
to the premises on which it is located, or t;o products9
accommodations, services, or activities on t;he premises.
On-site signs do not include signs erected t>y the outdoor
advertising industry in the conduct of the outdoor advertising
business.
.Sign, Off-Site- A sign other than an on-site sign.
Street Line- The right-of-way line of a street.
Structure- Anything constr~zcted or erf;cted with a
fixed location on the ground, or attached to something having
a fixed location on the ground. Among othe~° things, structures
include buildings, walls, fences, billboard:>, and poster panels.
.
Yard- A required open space unoccupied and unobstructed
by any structure or portion of a structure from 30 inches
above the-general ground level of the graded lot upward, pro-
vided however that fences and wa:Lls may be ~~ermitted in any
yard subject to height limitations as indic~~ted herein.
Yards Front- A yard extending between side lot lines
across the front of a lot.
In any required front yard, no fen~~e or wall shall
be permitted which materially impedes visio~l across such yard
above the height of 30 inches, and no hedge or other vegetation.
r--~ shall be permitted which materially impedes vision across cuch
yard between the heights of 30 inches and t~sn feet.
Tn the case of through lots, unless the prevailing
front yard pattern on adjoining lots indicates otherwise, front
yards shall be provided on all frontages. lidhere one of the
front yards that would normally be required on a through lot
is not in keeping with the prevailing yard :pattern, the
~~m;,,;~trat;vP official may waive the reaui~rement for the
T ~
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In the case of corner lots which do not have re-
versed frontage, a front yard of the required depth shall be
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provided in accordance with the prevailing 3!ard pattern and. ,T
a second front yard of half. the depth required generally for
front yards in the district shall be provided on the other
frontage.
In the case of reversed frontage corner lots,. a
front yard of the required depth shall be pi^ovided on either
frontage, and a second front of half the de~~th required gen-
erally for front yards in the district sha1:L be provided on
the other frontage.
In the case of corner lots with moire than two front-
. ~ ages, the administrative official shall determine the front
yard requirements,. subject to the following limitations:
(1) At least one front yard shill be provided
having the full depth required generally in
the district;
(2) Tdo other front yard on such lot shall have
less than half the full. depth required generally.
Depth of required front wards shall be measured at right
angles to a straight line joining the foremost points of the
side lot lines. The foremost point of the side lot line, in
the case of rounded property corners at street intersections,
shall be assumed to be the point at which the side and front
lot lines would have met without such rounding. Front and
rear front yard lines shall be parallel.
Yard,L Side- A yard extending from the rear line of the
required front yard to the .rear lot line.
In the case of through lots, side yards shall extend
from the rear lines of the front yards required. Tn the case
of corner lots with normal frontage, there will be only one
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line so established.
Yard, Rear- A yard extending across the rear of the lot
k •
between inner side yard lines. In the case of through lots
and reversed frontage corner lots, there will be no rear •
yard. In the case of corner lots with normal frontage, the j
rear yard shall extend from the inner side yard line of the
side yard adjacent to the interior lot to the rear line of
the half-depth front yard. ~
De th of re uired rear ards shall be measured at ri-ht
___r_.___._.~ 1 ~ g
angles to a straight line ,joining the rearmost points of the +
side lot lines. The forward rear yard line of a required rear
M
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yard shall be parallel to the straight line so established. it
SECTION 19. REPEAL OF CONFLICTING ORDINANCES.
All ordinances or parts of ordinances in conflict
herewith are hereby repealed, except that this ordinance
shall not repeal the provisions of ordinance no. , 1f
providing for streets and locations upon which intoxicating I'
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liquors may be sold.
SECTION 20. EFFECTIVE DATE. '
This ordinance shall take effect immediately upon
.its final passage and adoption•..
ADOPTED at a regular meeting of the Town Council of
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the Town of Longwood, Florida, this ~_day of..~FC~C~n 6E~v,
. -
195~.
A~ayor
f
ATTEST: j
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" EXHIBIT A, .
SCHEDULE OF DISTRICT REGULATIOTJS ADOPTED
District Regulations are hereby adopted for the
several districts as set forth in the Official Zoning l~iap
as follows:
DISTRICT R1 RESIDENTIAL- Uses permitted in this
district are for single family, or two family residential
dwellings; all dwellings must be of single story construction.
The minimum building site area shall be 5,000 square
feet, with a minimum width at the front building line of 60
feet, except that where a lot has an area or width less than
the above minimums, and was a lot of record at the time of
passage of•this ordinance, then said lot may be occupied for
single family use..
The front building line shall be no closer than
25 feet from the front lot line., and the side building line
shall be no closer than 7 feet from any inside lot line, and
on a corner lot thebuilding line shall be not less than 15
feet from any side lot line where it abutts a side street
line.
.The rear building line shall be sufficient to leave
2s1 of the lot as an open rear yard, but in no event shall
an excess of 25 feet be required.
The minimum floor area requirement in the Rl Res-
idential District shall be 1,000 square feet for each living
unit, that is to say, that for a one family residence, the
minimum floor area shall be 1,000 square feet, and for a
two family residence, the minimum floor area shall be 2,000
,
DISTRICT R2 RESIDENTIA:L- All .requirements shall
be the same in this district as in the Rl residential dis-
trict, except that each living u~1it shall have a minimum
floor area requirement of not less than '150 square feet.
DISTRICT R~ RESTDEIJ`TIAL- All requirements in
this district shall be the same as those in the R1 and R2
Residential Districts, except that in this district all living
units shall have a minimum floor area requirement of not less
than 600 square feet.
C- COMT~IERCIAL DISTRIC^1-- Any building or land in
~ this district may be used for any commercial. purpose, except
the following:
.
' 1. Any use excluded from 'the TAI-Industrial District.
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2. Bakeries, other than those whose products are
sold only at retail and only on the premise.,...
3. Blacksmithing or horsehoeing :;hop.
4. Bottling works.
5. Building material ;>torage yard., including lumber
yards.
G. Canning plants.
7. Carpet, rug, or bag cleaning ~e:stablishments.
f3. Carousel, roller coasters, skating rinks, whirl-
. igigs,.merry-go-rounds, ferris whells or similar amusement
devises.
9. Carting, express, hauling or storage yard.
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10. Contractorst plants and stora~;e yards.
11 Fertilizer storage and sales warehouses.
12. Fuel storage yards, including coal, coke or
wood yards.
13. Ice cream factory other than those whose pro-
ducts are sold only on the premises and only at retail.
14. Ice plants or ice storage of more than five
tons daily capacity.
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20. Milk depot other than a reta~~l business con-
duced on the premises. ,
21. NIachine-shop. ~ ~
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22. Packing-houses.
23 . Stone yard or monument works..
h.
21~. Trailer camps.
25. Stables.
26. UJholesale warehouses and stogy°age.
27. Any kind of manufacture, pro~;essing or treatment
other than manufacture, processing, or treatment of products
clearly incidental to the conduct of the rei;ail business con-
ducted on the premises.
2$. And in general, those uses which may be obnoxious
or offensive by ,reasons of emission of odor.., dust, smoke, gas,
noise, or because of other nuisance.
No building shall exceed a height of 2 stories, nor
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may any building be bu9.lt closer than 5 feel; to the front lot
line or 5 feet to any side lot line abutting; a street, nor
closer than 25 feet to the rear lot line. lVo setbacks are
required on inside side lot lines.
M-LIGHT INDUSTRIAL DISTRICT- In the Ni-Light Industrial
District any building, or land may be used :Eor any use permitted
in the C1 Commercial District, or for any other use except the
followingo
1. Acetylene gas manufacture or ,storage.
2. Alcohol manufacture.
3. Ammonia; bleaching powder or chlorine manufacture.,;-
4.. Arsenal.
5. Bag cleaning.
6. Blast furnace.
7. Boiler works.
Brick, the or terra cotta manufacture.
9. Candle manufacture.
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17. Emery-cloth and sand-paper m<~nufacture
1$. Fat rendering.
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19: Fertilizer manufacture.
20. Fireworks or explosives manu:~acture or storage.
21. Fish-smoking or curing.
22. Forge plant.
23.: Garbage, offal or dead animals, reduction or dumping.
24. Gas (illuminating or heating) manufacture.'
25. Glue, size or gelatin manufa~~ture.
26. Gunpowder, manufacture or st~~rage.
27. Iron, steel, brass or copper foundry or
fabrication plant.
2$. Junk, iron or rags storage o:r bailing.
' 29. Lamp-black manufacture.
3.0. I~'iatch manufacture.
31~. Oilcloth or linoleum manufacture.
32. Oiled or rubber goods manufacture.
33• Ore reduction.
34. Paint, oil, shellac, turpentine or varnish
manufacture.
35. Paper and pulp manufacture.
36. Petroleum products, refining or wholesale storage.
37. Pickle manufacture.
3$. Planing mills (excepting small woodworking plants).
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39• Pyroxylin manufacture.
1~0. Potash works.
41. Rock crusher.
42. Rolling-mills.
43. Rubber or gutta-percha manufacture or treatment.
4~• Salt works.
45. Sauerkraut manufacture.
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54. Sulphuric, nitric, hydrocloric, or other acid
manufacture. _
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55• Tallow, grease or lard manufacture or refining
from animal fat.
56. Tanning, curing or storage of raw hides or skins.
57. Tar distillation or. manufactu~°e.
5$. Tar roofing or waterproofing r~lanufacture.
59. Tobacco (chewing) manufacture or treatment. .
60. Used~car junkyard.
61. Vinegar manufacture.
' 62. Wool pulling or scouring.
63. Yeast plant. ~
64. Asphalt plants; bituminous road material plants.
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65. And in general, those uses which may be obnoxious-„
or offensive by.reasons of emission of odor, dust., smoke, gas, I
noise, or because of other nuisance. ~i
66. Wholesale storage of any inflammable or ex®
plosive materials or commodities.
No building shall exceed 2 stories in height, the
building setbacks shall be the same as those required in C
Commercial. District.
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