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Ordinance 02-1599 ORDINANCE NCI. 02-1599 AN ORDINANCE OF TIEiE CI'CY OF I,ONGWOOD, FLORIDA, AMENDING AND REPLACING T:BE LAND DEVELOPMENT CODE, ARTICLES I THROUGB[ ART>[CLIE XII, WITII TIIEE EXCEPTION OF SECTION 24-27, ENTITLED DOWNTOWN IIISTORIC AND SECTION 24-96, ENTITLED IIISTORIC DI'iTRICT PROJECTS, WIIICII ARE HEREBY INCORPORATED AND 1V[ADE A PART OF SAI® ARTICLE II OF SAIID LONGWOOD DEVELOIV[ENT CODE, AND ADOPTING THE LONGWOOD DEVELOPMEENT (:ODE, ARTICLES I - GENERAL PROVISIONS; ARTICLE II - LAND USE DISTRICTS AND OVERLAY DISTRICTS; ARTICLE III -DEVELOPMENT DESIGN STANDARDS; ARTICLE TV -RESOURCE PROTECTION STANDARDS; ARTICLE V - SUPPLEMENTAL STANDARDS; ARTICLE VI -SIGN REGULATIONS; ARTICLE VII - CONCIJRR]ENCY R'IANAGEMENT S~'STEM; ARTICLE VIII - IE$OARDS AND AGENCl]ES; .ARTICLE IX - I31ARI)S>3[IP RELIEF; AND ARTICLE X - A®MINISTRATION, IN ITS ENTIRETY PROVIDING FOR CONFLICTS, CODIFICATION, SEVERABILITY AND EFFECTIVE DATE. WIIEREAS, on July 7, 1997, the City of Longwood enacted its Land Development ~ Code. (Ordinance. 97-1.351), 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 December 12, 2001 to consider the repeal of the Land Development Code, Articles I through Article XII, and adoption of the proposed Longwood Development Code, Articles I through Article X, in its entirety; made certain findings of fact regarding said proposed Longwood Development Code, determined the proposed Code is consistent and recommended the proposed Longwood Development Code be enacted by the City Corrimission; and WHEREAS, the Longwood City Commission, on April. 15, 2002, determined it was necessary to retain certain sections of the Land Development Code, specifically, Section 24-~27, entitled Downtown Historic and Section 24-96 entitled Historic District Projects, until the riew Historic District Master Plan and Historic District Codebook are adopted; Ordinance 02-1599 Longwood Development Code Page 1 of 2 NOW, THEIREFOI~E ~E IT OItDAINE~ BY TH[E CITY COlVI1VIISSION OF TAE CITY OF LONGWOOI), FLORA, AS FOLLOWS: SECTION 1: Chapter 24, Longwood Development Code, Articles I through X, is hereby adopted in its entirety, amending and replacing the Land Development Code, Articles I through XII, with the exception of Section 24-27, entitled Downtown Historic, and Section 24- 96, entitled ~Iistoric District Projects of the: Land Development Code, which are hereby incorporated and made a part of Article II of the Longwood Development Code. SECTION 2: All Ordinances, or parts thereof in conflict herewith, be and the same are hereby repealed. SECTION 3: 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 effect other sections or words or applications of this Ordinance. SECTION 5: This Ordinance shall take: effect immediately upon its adoption. FIRST I2EAIDING SECONID ItEAIl~ING: PASSED ANID AIIOPTED THIS IlIA~' OF ~ , 2002 Paul Lovestrand, Mayor ATT Geraldine D. Zambri Clerk Approved as to form and legality for the use and reliance of the City of Longwood, Florida only. Richard S. Taylor, i y Attorney Revised 4-15-02 ~z~ Ordinance 02-1599 Longwood Development Code Page 2 of 2 SECTION 24°27 - DOWNTOWN HISTORIC It is the policy of the City of Longwood that rehabilitation, rather than demolition, of historic structures. whether in the Downtown Historic District or not, shall be done unless the applicant proves there is no other economically, reasonable alternative to do so. (Comprehensive Plan Policy X-B-5) it is also the policy that all public and private development on parcels designated as Downtown Historic shall be in conformance with the :requirements of Chapter 24-27 of the City Code (Comprehensive Plan Policy X-B-6). 24-27.01 - AUTHORITY The following types of activity which involve any structure or any parcel of land designated Downtown Historic in the Future Land Use Element of the Comprel:~ensive. Plan shall be subject to the requirements in Chapter 24~-46 and shall be subject to 'the review process described in Chapter 24-96: _ a. Any new construction or a new structure. b. Demolition, in whole or any part, of any structure.. ~ c. Moving any structure onto any parcel. d. Performing any exterior repairs, alterations or additions to existing structures that will alter the physical exterior appearance of the structure. e. The permitted, conditional and accessory uses in areas zoned Downtown Historic (DH) is found in Table 24-2. f. Any exterior repairs, except emergency conditions where there is immine:~~t danger to the occupants or the public, to any Contributing structure in the Downtown Historic District g. No change of purpose or use of any building, structure or property designated as Downtown Historic in the Future Land Use Element of the Comprehensive Plan shall be permitted ur.~.less it is listed as a permitted use in Table 24-2 and substantially complies with all the design criteria described in this Code as may be applicable. Longwood Development-Code Ordinance No. 02-1599 Historic District (Section 24-27 and 24-96) Page 1 of 12 24-27.02 - Downtown Historic District ~ Notwithstanding the requirements found elsewhere in Chapter 24 of the City Code, all development, and/or redevelopment projects, located on any parcel designated as Downtown Historic on the Future Land Use Map o:~ the city's Comprehensive P.Lan shall conform to the site and building design guidelines found in this subsection. The document entitled Historic District Design Guidelines For Longwood Florida, by Yielding & Provost, or as may be amended by the City Commission, from time to time, provides a more illustrative description of the regulations described below and shall be usE.d as a reference in interpreting the regulations identified in this section. The Historic District is divided into two sections for the, purpose of this code, identified as follows: East of CR 427, that area lying east of the east right-of-way line: of CR 427• and West of CR 427, that area lying west of the right-of- way line of CR 427. 24-27.03 DEVELOPMENT AND REDI'sVELOPMENT WITHIN THE HISTORIC DISTRICT 1. Contributing Structures - are defined as those structures that are listed on the National ~ Historic Register as contributing to the City of Longwood Historic District, and identified in the Historic District Design Guidelines For Longwood Florida. Contributing structures - The historical integrity of th.e structure must be maintained when renovating, adding to, or repairing by the use of materials comparable to those originally applied during initial construction. 2. Supporting Structures - are defined as existing structures that are not listed. on the National Historic Register as contributing to the City of Longwood Historic; District.. Supporting structures - ar.e to support the historical intecrity of the district, and shall maintain and use materials appropriate to the era of original construction. 3. New Construction The architecture shall blend with the neighboring ~ buildings, and in the case of an addition, with the. original building. Longwood Development Code Ordinance No. 02-1599 Historic District (Section 24-27 and 24-96) Page 2 of 12 4. Additions to all ~~onstruction The architecture sha h blend with the original building. Additions to contributing structures shall not overwhelm or dominate the original building. Criteria set forth in the sections below and the Historic District: Design Guidelines For Longwood Florida shall be the references used in evaluating whether the new structure meets the design criteria of the Historic District. 5. Moving a Structure Sections 24-27 and 24-96 and the Historic District Design Guidelines For Longwood Florida shall apply when determining whether a structure may be moved onto a parcel or within the same parcel in the Historic District. 6. Demolition of a Structure See Demolition Criteria this code Sections 24-27 and 24-96. 24-27.04 DEVELOPMENT AND REDEVELOPMENT CRITERIA The following is pro~Tided for development within the Historic. District. a. STREET ORIENTATION: A11 structures shall be primarily oriented to the street on which they are addressed.. b. LOT SIZE: East - The minimum lots size shall be 7,500 sq. ft. West - The minimum lot: size shall. be 1.0, 000 sq. ft. c. SETBACKS: East - There are no front, corner or side yard setback ° restrictions i:n this district. Thee rear yard setback shall be sufficient to accommodate parking and se~>tic tank leach fields. West - The setbacks are as follows Front 25 feet Side 10 feet ~ Corner ~ 25 feet Rear 10 feet Longwood Development Code Ordinance No. 02-1599 Historic District (Section 24-27 and 24-96) Page 3 of 12 d. FLOOR AREA RATIO (FAR): No development on any parcel in this district shall exceed a floor area ratio (square footage of all structures on the site divided by the area of the site) of .50. e. STRUCTURE STZE: East/West - The width and height of structures shall be approximately the same in order to maintain an equally proportioned facade. West - Structures in this district shall appear to have the same mass and scale as a two-story residence. f. IMPERVIOUS SURFACE RATIO (ISR): The maximum lot coverage shall be seventy (70) percent of the parcel. g. PARKING: 'T'able 24-7 shall determine the amount of parking spaces required for the specific land use being applied for. All land uses shall provide a minimum of two (2) off-street parking spaces per thousand square ~ feet of total floor area, but no less than two spaces per parcel. The difference in the number of parking spaces between req~iired and provided shall be addressed on the site plan so that the plan can accommodate the required spaces if ever needed. This area shall be maintained as open space and may be use as over flow parking on an occasional basic (no more than once a week). Proper sizing and area for stormwater retention to be taken into consideration when hard surface parking is waived for parking areas. Automobile parking m<~y be located within the front, side or rear yard ~_etback area. The parking area shall be screened to the maximum extent possible from adjacent uses and shall be covered with dust free material. h. SIGNAGE: East - signs shall be constructed of materials compatible with the existing architecture of the structure and shall be limited to one (lj square foot for each lineal foot of addressed building ~ frontage. Roof, pole and oEf-site signs are prohibited. Longwood Development Code Ordinance No. 02-1599 Historic District (Section 24-27 and 24-96) Page 4 of 12 ~ FTest - All signa•ge shall be constructed. of wood or wood appearance; no greater than six (6) feet in height; and no greater than 16 (sixteen) square feet in area per :Face.. Roof, pole, fa~;.ade and off-Site signs are prohibited. Memorial signage may be approved by the HPB in addition to the above signage criteria. i. FENCES: All fences shall be o1: wood construction or appearance or other materials as may be approved by the Historic Preservation Board. TYie maximum fence height for front yards is three (3) feet. The maximum fence heiciht for the side, corner and rear yards shall be limited to eight (8) feet, except that adequate sight distance on the adjacent street shall be maintained on corner lots. ~ Chain-link fencing and walls are expressly prohibited, except that chain-linl~ fencing material may be use as a temporary security fencing during ~ approved construction or as may be required for the safety and health of the general public. j. LIGHTING: On site lighting shall be compatible with early twentieth century electric lighting fixtures to the maximum extent possiY~le and shall be as subdued as possible to provide sE~curity and visibility. k. TREE SHADE POINTS: East - All parcels in this district shall maintain forty-five (45) tree shade points per acre and shall use native plants for landscaping to the maximum extent possible. West - All parcels is this district shall maintain seventy-five (75) tree shade points per acre and shall use nativE~ plants for landscaping to the maximum extent possible. Longwood Development Code Ordinance No. 02-1599 Historic District{Section 24-27 and 24-96) Page 5 of 12 1. FACADES: The openings in the facades of structures in this district shall be taller than they are wide. East - The openings on the facades of structure shall not exceed seventy-five {75) percent. West -The openings on the facades of structure shall not exceed twenty (20) percent. m. CANOPIES AND AWNINGS: East - Canopies shall be encouraged, provided the outside edge is not closer than five (5) feet to the road pavemer.~t. Canopy supports shall not impede pedestrian movement on the sidewalk. East/West - Awnings shall :be prohibited. n. COLOR SCHEME (EXTERIOR. PAINTING OF STRUCTURE): The majority of the structure shall use subdued colors. Contrasting colors are encouraged as accent. o. ANTENNAS AND SATELLITE DISHES: Roof antennas and satellite dishes shall be allowed provided they are hidden from adjacent property (ground view) and street view. p. OTHER DESIGN CRITERIA The Historic District: Design Guidelines For Longwood Florida, prepared for the city by Yeilding and Provost a:nd as maybe. amended from time to time by the City Commission shall be utilized as referenced for the above listed criteria and other design criteria included, i.e. roofs, entrances, etc.. 24-27.05- Demolition Criteria The following criteria shall ap;oly to any structure proposed for demolition that is .located on a parcel designated as Downtown Historic in the Future Land t~se Element of the Comprehensive Plan: a. Only the City Commis:~ion shall have the authority to order or allow a demolition of a contributing structure within the Historic District. The City Commission shall cor.~sider a request for demolition ~ upon recommendations from the Historic Preservation. Longwood Development Code Ordinance No. 02-1599 Historic District (Section 24-27 and 24-96) Page 6 of 12 Board after Staff cc>mments and. recommendations are provided. Except in cases of i:~_nminent danger to a structure's occupants or the general public, no Contributing Structure as defined in this section shall be demolished in whole o~~ in part prior to completion of a minimum waiting period of one-hundred eighty (180) days. The waiting period shall begin after the City Commission makes its final determination. b. The Historic Preservation Board may approve demolition of a non-contributing structure within the Historic District after consideration, including the proposed use of the site and conceptual site plan. c. The City Commission may extend this waiting period for any period up to an additional one-hundred eighty (180) days at its discretion. d. No structure, in whole or in part, shall be demolished to permit the use of the land or structure for any purpose which is not permitted by the Future Land Use Element and/or which does not comply with the design ~ criteria described above. e. In no case shall any structure be demolished in whole or in part, unless the applicant conclusively proves by presentation of facts specific to the subject structure that there i.s no other feasible alternative. f. The archeological or historical significance of the structure or land sha7.1 be strongly considered. g. The City shall make Every reasonable effort to assist. the applicant in obtaining financial assistance to prevent the demolition. h. The ability, or lack thereof, to replace the particular style of architecture or construction found in the structure shall be a primary concern.. i. The Demolition, Removal or Relocation of any historic contributing structure, in whole or part, without obtaining approval to do so from the City Commission, after recommendation from the Historic Preservation Board, and staff, shall be subject to a fine. The violation of the Demolition Criteria Section 24-27.04 and/or the Demolition Process - Section 24-96, shall Longwood Development Code Ordinance No. 02-1599 Historic District (Section 24-27 and 24-96) .Page 7 of 12 be subject to a fine of $100.00 per square gross feet or estimated gross square foot of the structure. 24-27. 06 - FEES The fees, other than those identified herein, for any activity described in this Article shall. be as provided in Section 24- 105. Longwood Development Code Ordinance No. 02-1599 Historic District (Section 24-27 and 24-96) Page 8 of 12 SECTION 24-96 HISTORIC DISTRICT PROJECTS 24-96.01 - Intent It is the intent of this section to establish the process and criteria for review of proposed development and/or redevelopment in the area designated as DowntoG~n Historic on the Future Land Use Map. All development, and/or redevelopment shall .conform to the design guidelines found in Section 24-27 and as identified in section 24-27 the Historic ]district Design Guidelines For Longwood, F]_orida shall be the reference used in determining when a project complies to the criteria identified in this code. The Historic Preservation Board (HPB), shall have the primary responsibility of making recommendations to the City Commission for implementation of projector affecting the historic and archeological resources of the City. 24-96.02 - Comprehensive Plan Consistency No application for any development described herein can be accepted unless it is a use that is consistent with the land uses found in the Downtown Historic. section of the Goals, Objectives and Policies document, a part of the City's Comprehensive Plan. A proposed. project that combines any of the permitted uses found in the Downtown Historic section oj= the Future Land Use Element may be considered consistent with thE~ Comprehensive Plan. 24-9'6.03 - Procedures a. The public notice for a development project or change of use shall be as provided in Table 24-18. b. Upon receipt of a completed application (application provided by the Cit~l of Longwood) and required or relevant supporting material, the Development Review Board (DRB) will review the proposed application as it applies to this code, and the Planning Division staff will prepare a .staff report and recommendation to the HPB. c. After the DRB reviE~w, the Planning Division will schedule consideration. of the application by the HPB at the next available meeting. d. The HPB decision shall be final,, unless appealed by either the applicant within fourteen (14) days of the ~ HPB decision, or by i.he City Commission at their next meeting after the HPB action. Longwood Development Code Ordinance No. 02-1599 Historic District (Section 24-27 and 24-96) .Page 9 of 12 ~ e. If the HPB decision is appealed, the matter shall be scheduled for the next available City Commission meeting after the appeal is filed. f. A staff report presenting the HPBs recommendations regarding the development project shall be provided to tree City Commission anc~ the applicant not less than five (5) days prior to the City Commission public hearing. g. The City shall provide written findings of fact regarding the City Commission's decision to approve, deny, or modify the HPE3 decision. h. Upon completion of the process described subsections b through f above, any project requiring a site plan pursuant to the requirements. Article II of this Chapter, shall be subject to the site plan review process described in Section 24-94 of this Chapter. 24-96.04 - Submission Criteria The application submission sh~:ll include, at a minimum, the ~ following information: a. A recent property ~;urvey by a surveyor currently licensed in Florida in~~luding a legal description. b. A graphic rendering of the proposed finished project, including but not limited to a conceptual site plan, elevation of structure, and computation and calculations as required. c. A statement of the colors, exterior treatments, construction materials and similar matters addressed in the Historic District: Design Guidelines For Longwood Florida and in Chapter 24-27. d. Any other relevant information identified in the pre- application conference. 24-96.05 - .Administrative Review The City Administrator or his Designee may approve, modify or deny the follow: ~ a. Interior modification: which do not result in a change of use of any structure. Longwood Development Code Ordinance No. 02-1599 Historic District (Section 24-27 and 24-96) Page 10 of 12 b. Emergency repairs necessary to protect the occupants and/or the public from eminent danger. c. Minor repairs to the structure's exterior, provided the repairs are substant:ially in compliance with the requirements of Chapter 24-27. d. 7~~y exterior alterations, repairs, maintenance, or construction that does not change the existing character, style, color, or other outward appearance of.a structure or property shall not require approval by the city. (Examp:Les not requiring approval by the city would include repainting a house using the existing colors, replacing broken glass in an existing frame, etc}. e. The term minor red>air specifically excludes new construction, building or structure additions, demolitions or exterior alteration activities. Any repair work which exceeds fifteen (15) percent of the building's value., as determined by the Seminole County Property Appraiser's records, shall not qualify as a minor repair. 24-96.06 - Demolition Process The following procedures shall :~e followed for any demolition in the district designated as Downtown Historic on the Future Land Use Map . a. The Historic Preservation Board shall consider the matter at a public hearing with due public notice and specific notice to the subject property owner. b. The Planning Division shall prepare a written staff analysis and recommendation. c. The HPB shall consider applicant and public. input and the staff analysis report to formulate its recommendation to the City Commission. d. The City Commission shall consider the HPB recommendation at the next available time for a public hearing with due publ_~c notice. ~ e. The City Commission decision shall be final unless appealed pursuant to Section 24-96.09. Longwood Development Code Ordinance No. 02-1599 Historic District (Section 24-27 and 24-96) Page 11 of 12 24-96.07 -Approval Expiration The approval of any application described above shall expire one hundred-eight (180) days after t:he final decision, unless it is substantially in operation. 24-96.08 - Rehearing Any above described application which has been denied shall not be eligible for resubmission for a period of three hundred-sixty five (365) days after the date of denial. 24-96.09 -Appeals An appeal of any final above described application decision is to the Circuit Court in the manner a.nd form prescribed by the Court. Longwood Development Code Ordinance No: 02-1599 Historic District (Section 24 27 and 24-96) Page 12 of 12 i~ COMl~IISSI®N AGIEl~TDA PU~I~IC HEARIa~TG I'I'Eldl 10 A May 6, 2002 CA DEPT Meeting A t orization MOTION/RECOMMENDATIOI~T: The Planning Division. of the Community Services Department recommends that the City Commission read by title only and adc?pt ®rdinance 1oTo. 02-1599 to amend and replace the Land Development Code (:LDC 01-01) to replace Articles -XII in their entirety, excluding the Historic District sections 24-27 and 24-96, and to adopt t9~e Longwood Development Code, Articles I X, in their entirety, including Historic District sections 24-27 and 24-96, pursuant to the requirements of the City of Longwood and Florida Statutes. City of Longwood 175 West Warren Avenue, Longwood, Florida 32750 EXPLANA'I'~ON/BACKGROUND: The City, represented by Gail Easley, is requesl:ing an amendment to the Land Development Code (LDC Ol-O1) to replace Articles I -XII in their entirety and to adopt the Longwood Development Code, Articles I - X in their entirety pursuant to the requirements of the City of Longwood. and Florida Statutes. The DRB, at a special meeting of November 25~, 2001, approved (5-1) recommending' approval of the Longwood Development Code (LDC. 01-01) with the proposed staff amendments and scrivener's errors to the appropriate boards. The LPA, at its regular scheduled meeting of December 12, 2001, unanimously approved (3-0) recommending approval of the Longwood Development Code (LDC Ol-O1) with the proposed staff amendments- and concerns be;ing addressed along with scrivener's errors to the City Commission for adoption. The LPA also recommended that the City Commission consider allowing fences with a maximum height of eight (8) feet, instead of six: (6) feet, so that the residents of the City will maintain the option of a taller fence if they so choose. The City Commission, at its April 15, 2002 meeting, unanimously (5-0) approved Ordinance No. 01599 with the following amendments: 1. Low Density Residential side setback reduced from 10 feet to 7 feet.. 2. Requirements for fences and utility buildings to be scaled proportionally, to demonstrate placement relative to property lines and setbacks. 3. That eight (8) foot fences would be allowed within the City. 4. That the Historic District sections remain in effect until the Historic Code Book if finalized. FUNDING None. IMPLEIVIEN'TATION: Upon City Commission approval. ATTAC~IMENTS: Ordinance No. 02-1599 with Historic District `ieetion 24-27 and 24-96. Proposed amendment to Ordinances No. 02-15!9 (OS-15-02). Longwood Development Code (Already Distributed -Grey Stone -Ordinance Draft, April 2002). ~ PROPOSED AMENDMENT TO ORDINANCE NO. 02-1599 (DATE - 04-'15-02) 3.2.0 SITE DESIGN STANDARDS (page III-4) . ~---~f' lets-+n }ho cirlo ~iorrl cni irrc.. ~ - - ~~-let-~ A There shall be a side yard setback in all Low Density Residential areas of seven (7) feet. However, no structure shall encroach into any easement. (To be added in Section 3.2.0 Site Design Starndards page III-4) A current survey prepared by a surveyor licensed in the State of Florida should be submitted for all applications proposing construction, showing all setbacks (front, sides and rear)' showing all existing structures on the property, if any, and purposed additions or structures all being fully dimensioned. . However a scaled proportioned, accurate representation of a survey may be accepted for minor residE~ntial construction projects (i.e, fences or utility buildings). Additionally any structure that is improperly placed on the property wil(? not be considered as grounds for' application for a variance due to self- imposed hardship. Regulations- for fences will be altered to reflect maximum eight (8) foot fences to be allowed within the City of Longwood. ~ ORDINANCE NO. 02-><599 AN ORDINANCE OF THE CI'CY OF LONGWOOD, FLORIDA, AMENDING AND REPLACING T:BE LAND DEVELOPMENT CODE, ARTICLES I THROITGII ARTICLE XII, WITH T)EIE EXCEPTION OF SECTION 24-27, ENTITLED DOW:KTOWN HISTORIC AND SECTION 24-96, >E:NTI<TLED HISTORIC DISTRICT PROJECTS, WIIICH ARE HEREBY INCORPORATED AND IvDADE A PART OF SAID ARTICLE II OF SAID LONGWOOD DEVELOMENT CODE, AND ADOPTING THE LONGWOOD DEVELOPMENT t:ODE, ARTICLES I - GENERAL PR®VISIONS; ARTICLE II - LAND IJSE DISTRICTS AND OVERLAY DISTRICTS; ARTICLE III - DEV1.l:OPMENT DESIGN STANDARIDS; ARTICLE IV -RESOURCE PROTECTION STANDARDS; ARTICLE V - SIJPPLEIVIENTAL STANDARDS; ARTICLE VI -SIGN REGITLATIONS; ARTICLE VII - CONCI7RRENCY MANAGEMENT SYSTEM; ARTICLE VI]fg - ISOARDS AND AGENC:[ES; ARTICLE IX -HARDSHIP RELIEF; AND ARTICLE X - ADMINISTRATION, ITV ITS ENTIRETY PROVIDING FOR CONFLICTS, CODIFICATION, SEVERABII,ITY AND EFFECTIVE DATE. WHEREAS, on July 7, 1997, the City of Longwood enacted its Land Development Code (Ordinance 97-1351), 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 WIIEREAS, the Land Planning Agency (LPA) held a public hearing on December 12, 2001 to consider the repeal of the Land Development Code, Articles I through Article XII, and adoption of the proposed Longwood Development Code, Articles I through Article X, in its entirety; made certain findings of fact regarding said proposed Longwood Development Code, determined the proposed Code is consistent and recommended the proposed Longwood Development Cade be enacted by the City Corrimission; and WHE:I2F,AS, the Longwood City Commission, on April 15, 2002, determined it was necessary to retain certain sections of the Land Development Code, specifically, Section 24-27, entitled Downtown Historic and Section 24-96 entitled Historic District Projects, until the new Historic District Master Plan and Historic District Codebook are adopted; Ordinance 02-1599 Longwood Development Code Page 1 of 2 NOW, THEREFORE DE IT ORDAINED BY TDE CITY COMII~IISSION OF THE CI~'Y OF LONGVVOOD, FLOI7:IDA, AS FOLLOWS: SECTION 1: Chapter 24, Longwood Development Code, Articles I through X, is hereby adopted in its entirety, amending and rf;placing the Land Development Code, Articles I through XII, with the exception of Section 24-:?7, entitled Downtown Historic, and Section 24- 96, entitled Historic District Projects of the Land Development Code, which are hereby incorporated and made a part of Article II of thf; Longwood Development Code. SECTION 2: All Ordinances, or parts thereof in conflict herewith, be and the same are hereby repealed. SECTION 3: 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 effect other sections or words or applications of this Ordinance. SECTION 5: This Ordinance shall take: effect immediately upon its adoption. FIRST IREAIIING~ SECOND REA]pING: PASSED ANID ADOPTED THIS ~ DAY OF ~ , 2002 6G~/ A Paul Lovestrand, Mayor ATT T: Geraldine D. Zambr' ty Clerk Approved as to form and legality for the use and r f the City of Longwood, Florida only. Richard S. Taylor, Jr_,.C' y Attorney Revised 4-15-02 • l Ordinance 02-1599 Longwood IlDevelopment Code Page 2 of 2 SECTION 24-27 - DOWNTOWN HISTOF:IC ~ It is the policy of the City of Longwood that rehabilitation, rather than demolition, of historic structures whether in the Downtown historic District or not, shall be done unless the applicant proves there is n~~ other economically, reasonable alternative to do so. (Comprehensive Plan Policy X-B-5) it is also the policy that all public and private development on parcels designated as Downtown Historic shall be in conformance with the requirements of Chapter 24-27 of the City Code (Comprehensive. Plan Policy X-B-~6) . 24-27.01 - AUTHORITY The following types of activity which involve any structure or any parcel of land designated. Downtown Historic in the Future Land Use Element of the Comprehensive Plan shall be subject to the requirements in Chapter 24-46 and shall be' subject to the review process described in Ch~~pter 24-96: a. Any new construction or a new structure. b. Demolition, in whole or any part, of any structure. ~ c. Moving any structure onto any parcel. d. Performing any exterior repairs, alterations or additions to existing structures that will alter the physical exterior appearance of the structure. e. The permitted, conditional and accessory uses in areas zoned Downtown Historic {DH) is found in Table 24-2. f. Any exterior repairs, except emergency conditions where there is imminent danger to the occupants or the public, to any Contributing structure in the Downtown Historic District g. No change of purpose or use of any building, structure or property designated as Downtown Historic in the Future Land Use Element of the Comprehensive Plan shall be permitted unless it is listed as a permitted use in Table 24-2 and substantially complies with all the design criteria described in this Code as may be applicable. Longwood Development Code Ordinance No. l)2-1599 Historic District (Section 24-27 and 24-96) Page 1 of 12 24-27...02 - Downtown Historic District Notwithstanding the requirements :Found elsewhere in Chapter 24 of the City Code,. all df:velopment, and/or redevelopment projects, located on any parcE~l designated as Downtown Historic on the Future Land Use Map of the city's Comprehensive Plan shall conform to the site and. building design. guidelines found in this subsection. The do~~ument entitled Historic District Design Guidelines For Longwood Florida, by Yielding & Provost, or as may be amended by the City Commission, from time to time, provides a more illustrative description of the regulations described below and .shall be used as a reference in interpreting the regulations identified in this section. The Historic District is divided into two sections for the. purpose of this code, identified as follows: East of CR 427, tl'cat area lying east of the east right-of-way line of_ CR 427; and West of CR 427, that: area lying west of the right-of- way line of CR 427. 24-27.03 DEVELOPI~NT AND REDEVELOPMENT WITHIN THE HISTORIC DISTRICT 1. Contributing Structures - are defined as those structures that are listed on the National ~ Historic Register as contributing to the City of Longwood Historic District, and identified in the Historic District Design Guidelines For Longwood Florida.. Contributing structures - The historical integrity of t:he structure must be maintained when renovating, adding to, or repairing by the use of materials comparable to those originally applied during initial construction. 2. Supporting StrL~ctures - are defined as existing structures that: are not listed on the National Historic Register as contributing to the City of Longwood Historic District. Supporting structures - are to support the historical integrity of the district and shall maintain and use materials appropriate to the era of original construction. 3. New Construction The architecture shall blend with the neighboring ~ buildings, and in the case of an addition, with the original building. Longwood Development Code Ordinance No. 02-1599 Historic District 4Section 24-27 and 24-96) Page 2 of 12 4. Additions to ,all. construction The architecture shall blend with the original building. Additions to contributing structures shall not overwhelm or dominate the original building. Criteria set forth in the sections below and the Historic District Design Guidelines For Longwood Florida shall be the references used in evaluating whether the new structure meets the design criteria of the Historic District. 5. Moving a Structure Sections 24-27 and 24-96 and the Historic District Design Guidelines For Longwood Florida shall apply when determining whether a structure may be moved onto a parcel or within the same parcel in the Historic District. 6. Demolition of a Structure See Demolition Criteria this code Sections 24-27 and 24-96. 24-27.04 DEVELOPMENT AND REDEiTELOPMENT CRITERIA The following is provided for development within the Historic District. a. STREET ORIENTATION: A11 structures sha~.l be primarily oriented to the street on which they are addressed. b. LOT SIZE: East - The minimum lot size shall be 7,500 sq. ft. West - The minimum lot size shall be 10,000 sq. ft. c. SETBACKS: East - There are no front, corner or side yard setback restrictions in this district. The rear yard setback shall be sufficient to accommodate parking and septic tank leach fields. West - The setbacks are as follows Front 25 feet Side 10 feet ~ Corner 25 feet Rear 10 feet Longwood Development Code Ordinance No. 02-1599 Historic District (Section 24-27 and 24-96) Page 3 of 12 d . FLOOR AREA RATIO ( FAF:) No development on any .parcel in this district shall exceed a floor area ratio (square footage of all structures on the :site divided. by the area of the site) of .50. e. STRUCTURE SIZE: East/West - The widi.h and height of structures shall be approximatel~~ the same in order to maintain an equally proportioned facade. West - Structures in this district shall appear to have the. same mass and scale as a two-story residence. f. IMPERVIOUS SURFACE R~~TIO (ISR): The maximum lot coverage shall be seventy ( 70 ) percent of the parcel. g, PARKING: Table 24-7 shall determine the amount of parking spaces required for the specific land use being applied for. All land uses shall provide a minimum of two (2) off-street ~~arking spaces per thousand square feet of total floor area, but no less than two spaces per parcel. The difference in the number of parking spaces between required and provided shall be addressed on the site plan so that the plan can accommodate the requ:~red spaces if ever needed. This area shall be maintained as open space and may be use as over flow parking on an occasional basic (no more than once a wE~ek) Proper sizing and area for stormwater retention to be taken into consideration when hard surface parking is waived for parking areas. Automobile parking :may be located within the front, side or rear yard setback area. The parking area shall be screened to the maximum extent possible from adjacent uses and shall be covered with dust free material. h. SIGNAGE: East - signs shall be constructed of materials compatible with. the existing architecture of the structure and shall be limited to one (1) square foot for each lineal foot of addressed bui]_ding frontage. Roof, pole and off-site signs are prohibited. Longwood Development Code Ordinance No. 02-1599 Historic District ySection 24-27 and 24-96) Page 4 of 12 West - All signage shall be constructed of wood or wood appearance; no greater than six (6) feet in height; and no greater than 16 (sixteen) square feet in area per face. Roof, pole.., facade and off-Site signs are prohibited.. Memorial signage may be approved by the HPB in addition to the above signage criteria. is FENCES: All fences shall be of wood construction or appearance or other materials as may be approved by the Historic Preservation Board. The maximum fence height for front yards is three (3) feet. The maximum fence he?_ght for the side, corner and :rear ;yards shall be limited to eight (8) feet, except that adequate sight distance on the adjacent stree shall be maintained on corner lots . Chain-link fencing a~1d walls are expressly prohibited, except that chain-link fencing material may be use as a temporary security fencing during approved construction or as m.ay be required for the safety and health of the. genera]. public. j. LIGHTING: On site lighting shall be compatible with early twentieth century e.Lectrc lighting ffixtures to the maximum extent possible and shall be as subdued as possible to provide :security and visibility. k. TREE SHADE POINTS: East - All parcels in this district shall maintain . forty-five (45) tree shade points per acre and shall use native plants for landscaping to the maximum extent }possible. West - All parcels is this district shall. maintain seventy-five (75) tree shade pointy per acre and shall use native plants for landscaping to the maximum extent }possible. ' r Longwood Development Code Ordinance No. 02-1599 Historic District (,Section 24-27 and 24-96) Page 5 of 12 1. FACADES: ~ The openings in the facades of structures' in this district shall be taller than they are wide. East - The openings on the facades of structure shall not exceed seventy-five (7'5) percent. West -The openings c~n the facades of structure shall not exceed twenty (20) percent. m. (;P,NOPIES AND AWNINGS: East - Canopies s;zall be encouraged, provided the outside edge is not closer than five (5) feet to the road pavemE~nt. Canopy supports shall not impede pedestrian movement on the sidewalk. fast/West - Awnings shall be prohibited. n. COLOR SCHEME (EXTERIC?R PAINTING OF STRUCTURE): The majority of tl~e structure shall use subdued colors. Contrasting colors are encouraged as accent. o. ANTENNAS AND SATELLITE DISHES: Roof antennas and satellite dishes shall be allowed provided they are hidden from adjacent property (ground. view) acid street view. p. OTHER DESIGN CRITERI~~ The Historic District Design Guidelines For Longwood Florida, prepared fo:r the city by Yeilding and Provost and as maybe amended from time to time by the City Commission shall be utilized as referenced for the above listed criteria and other design criteria included., i.e. roofs, entrances, etc.. 24-27.05- Demolition Criteria The following criteria shall apply to any structure proposed for demolition that is located on a parcel designated as Downtown Historic in the Future Land Use Element of the Comprehensive Plan: a. Only th.e City Commission shall have the authority to order or allow a demolition of a contributing structure within the Historic District. The City Commission shall consider a request for demolition upon recommendation: from the Historic Preservation Longwood Development Code Ordinance No. U2-1599 Historic District (;Section 24-27 and 24-96) Page 6 of 12 Board after Staff ~~omments and recommendations are provided. )Jxcept in cases of imminent danger to a structure's occupants or the ~~eneral public, no Contributing Structure as defined in this section .shall be demolished in whole or in part prior to completion of a minimum waiting pE~riod of one-hundred eighty (1800 days. The waiting period shall begin after the City Commission makes its final determination. b. The Historic Preserv<~.tion Board may approve demolition of a non-contributi~.zg structure within the Historic District after consideration, including the proposed use of the site and conceptual site plan. c. The City Commission may extend this waiting period for any period up to an additional one-hundred eighty (180) days at its di:;cretion. d. No structure, in who:Le or in part, shall be demolished to permit the use of the land or structure for any purpose which is not permitted by the Future Land Use Element and/or which. does not comply with the design criteria described above. e. In no case shall any structure be demolished in whole or in part, unless the applicant conclusively proves by presentation of facts specific to the subject structure that there is no other feasible alternative. f. The archeological or historical significance of the structure or land shall be strongly considered. g. The City shall make every reasonable effort to assist the applicant in obtaining financial assistance to prevent the demolition. h. The ability, or lack thereof, to replace the particular style of architecture or construction found in the structure sha:Ll be a primary concern. i. The Demolition, Removal or Relocation of any historic contributing structure, in whole or part, without obtaining approval to do so from the City Commission, after recommendation from the Historic Preservation Board, and staff, shall be subject to a fine. The violation of the. Demolition Criteria Section 24-27.04 and/or the Demolition Process - Section 24-96, shall Longwood Development Code Ordinance No. 02-1599 Historic District (Section 24-27 and 24-96) Page 7 of 12 be subject to a fine of $100..00 per square gross feet ~ or estimated gross square foot of the structure. 24-27. 06 FEES The. fees, other than those identified herein, for any activity described in this Article sha.11 be as provided in Section 24- 105. Longwood Development Code Ordinance No. 02-1599 Historic District (Section 24-27 and 24-96) Page 8 of 12 SECTION 24--96 HISTORIC DISTRICT PROJECTS 24-96.01 Intent It is the intent of -this section to establish the process and criteria for review of proposed development and/or redevelopment in the area designated as Downt~~wn Historic on the Future Land Use Map. All development, and/or redevelopment shall conform to the design guidelines found in Section 24-27 and as identified in section 24-27 the Historic District Design Guidelines For Longwood, Florida shall be the reference used in determining when a project complies to the criteria identified in this code. The Historic Preservation Board (HPB), shall have the primary responsibility of making .recommendations to the City Commission for implementation of projects affecting the historic and archeological resources of the City. 24-96.02 Comprehensive Plan c,onsisteney No application for any development described herein can be accepted unless it is a use th~it is consistent with the. land uses found in the Downtown Historic section of the Goals, Objectives and Policies document, a part of the City's Comprehensive Plan. A proposed project that combines any of the. permitted uses found in ~ the Downtown Historic section of the Future Land Use Element may be considered consistent with tine Comprehensive Plan. 24-96.03 - Procedures a. The public notice for a development project or change of use shall be as provided in Table 24-18. b. Upon receipt of a completed application (application provided. by the City of Longwood) and required or relevant supporting material, the Development Review Board (DRB) will review the proposed application as it applies to this code, and the Planning Division staff will prepare a staff report and recommendation. to the HPB. c. After the DRB review, the Planning Division will schedule consideration of the application by the HPB at the next. available meeting. d. The HPB decision shall be final, unless appealed by either the applicant within fourteen (14) days of the HPB decision, or by the City Commission at their next meeting after the HPE~ action. Longwood Development Code Ordinance No. (12-1599 Historic District (Section 24-27 and 24-96) Page 9 of 12 e. If the HPB decision is appealed, the matter shawl be scheduled for the next available City Commission meeting after the appeal is filed. f. A staff report presenting the HPBs recommendations regarding the development project shall be provided to the City Commission and the applicant not less than five (5) days prior to the City Commission public hearing. g. The City shall provide written findings of fact regarding the City Commission's decision to approve, . deny, or modify the HPB decision. h. Upon completion of the process described subsections b through f above, arty project requiring a site plan pursuant to the re~~uirements. Article II of this Chapter, shall be ,subject to the site plan review process described in Section 24-94 of this Chapter. 24-96.04 - Submission Criteria The application submission shall include, at a minimum, the following information: a. A recent property survey by a surveyor currently licensed in Florida including a legal description. b. A graphic rendering of the proposed finished project., including but not limited to a conceptual site plan, elevation of structure, and computation and calculations as required. c. A statement of the colors, exterior treatments, construction materiaas and similar matters addressed in the Historic District Design Guidelines For Longwood Florida and in Chapter 29-27. d. Any other relevant information identified in the pre- application conference. 24-96.05 I~clministrative ReviE:w The City Admini trator or his Designee may approve, modify or deny the follow: a. Interior modifications which do not result in a change of use of any structure. Longwood Development Code Ordinance No. 02-1599 Historic District (Section 24-27 and 24-96) Page 10 of 12 b. Emergency repairs necessary to protect the occupants and/or the public from eminent danger. c. Minor repairs to the structure's exterior, provided the repairs are substantially in compliance with the requirements of Chapter 24-27. d. Any exterior alter~itions, repairs, maintenance, or construction that does not change the existing character, style, color, or other outward appearance of.a structure or p~°operty shall not require. approval by the city. (Examples not requiring approval by the city would include repainting a house using the existing colors, replacing broken glass in an existing frame, etc). e. The term minor rE~pair specifically excludes new construction., building or structure additions, demolitions or exterior alteration activities. Any repair work which exceeds fifteen (15) percent of the building's value., as determined by the Seminole County Property Appraiser's records, shall not qualify as a ~ minor repair. 24-96.06 - Demolition. Process The following procedures shall be followed for any demolition in the district designated as Downtown Historic on the Future Land Use Map. a. The Historic Preservation Board shall consider the matter at a public hearing with due public notice and specific notice to th:e subject property owner. b. The Planning Division shall prepare a written staff analysis and recommendation. c. The HPB shall consider applicant and public input and the staff analysis report to formulate its recommendation to the City Commission. d. The City Commission shall consider the HPB recommendation at the next available time for a public hearing with due public notice. ~ e. The City Commission decision shall be final unless appealed pursuant to Section 24-96.09. Longwood Development Code Ordinance No. 02-1599 Historic District (Section 24-27 and 24-96) Page 11 of 12 1 24-96.07 Approval Expiration The approval of any application described above shall expire one hundred-eight (180) days after the final decision., unless it is substantially in operation. 24-96.08 Rehearing Any above described application which has been denied shall not be eligible for resubmission for a period of three .hundred-sixty five (365) days after 'the date of denial. 24-96.09 -Appeals An appeal of any final above described application decision is to the Circuit Court in the manner and form prescribed by the Court. Longwood Development Code Ordinance No. 02-1599 Historic District Section 24-27 and 24-96) Page 12 of 12 . - , . r-~ . ~ : . rr ~ - . ~ ,o. . . _ . . : : ~ ~ O1~~TANCE Dl! T ~ : ARIL 20:02 ~ ~O~rdin~n~~ 02-~ 599... ~ . . . . . . . 44 ,s - - ^ i I I ~ - ARTICLE 1 ~ GENERAL PROVIS/0NS ,_i ~ r- ro w~ ^ t, - - 1,.1:.0 GENERAL PROVISIONS ,12 1.2:0 SHORT TITLE ~ ~ .:.12 ^ 1.3.0 AUTHORITY ~ 1-2 ^ 1:4.0 ~ APPLICABILITY . 1-2 1.4.1 General Applicability 1-2 . ~ ~ . 1.4.2 ~ .Exceptions , . ~ . ~ ~ - 1-2 1.4.3 Relationship to the Comprehensive Plan 1-3 1.5.0 PURPOSE AND INTENT 1-3 n 1;.6:0 RULES OF INTERPRETATION•.::. ~ 1~ 1.6:1 Generally. ~ - : 1-4 ~ 1.6.2 Responsibility for Interpretation ~ 1~=5 1.6.3 Computation of Time 1-5 1.6.4 Relationship of Specific to General Provisions 1-5 `-1 ~ t.7.0 ABROGATION 1-5 _ 1.8:p SEYERABILITY 1-5 1.9.0 EFFECTIVE DATE . ~ 1-5 ~ . 1..10:0 DEFINTIONS ~ ~ 1-5 ^ - . - ~ . , ~ ~ _ - . . , ~ . Ordinance No..02-1599 I-I Apri12002 ^ ARTICLE I GENERAL PROVISIONS 1.1.0 GENERALPROVISIONS ~ ~ ~ ~ The . Longwood Development Code is .espablished~ to provide for the orderly management : of growth and:. redevelopment `within the City of .Longwood... This .Development Code~.shall. be construed broadl~~ Ito accomplish its. stated purposes. and objectives. The. regulations contained in this Development Code are designed to promote the health, safety and general welfare of the public. The regulations are made with consideration to the character of Longwood. and each district or neighborhood of Longwood, its suitability for particular uses, conserving the value of property, and encouraging the most appropriate use, development, and redevelopment throughout the City. 1.2.0 SHORT TITLE ~ ~ This Code shall. be known as the "Longwood Development Code" and may be cited as the Longwood DC or LDC. 1.3.0 AU.THOI2ITY The LDC is enacted pursuant to the requirements and authority~of Section 163.3202; Florida Statutes (F.S.), and the general powers in Chapter 166, F.S., and Articles II and Vlfl of the Florida Constitution. 1.4.0 APPLIGABILITV v 1.4.1 General Applicability The use of any parcel of land, any stn~cture, or any combination thereof, within the corporate limits of the City of Longwood shall be in conformance with the requirements of the LDC. No development, building, or-part thereof, shall hereafter be erected, constructed, moved, or altered, and no building or land or part thereof, shall be used or reused except in confomnity with the ~ provisions of the LDC. Except as specifically provid~:d in the LDC the enlargement, alteration, conversion, reconstruction, major rehabilitation, or relocation of any existing building or structure shall be in accordsince with the standards and criteria of the LDC. . 1.4.2 Eucepfions The following general conditions or circumstances are exempt from the provisions and requirements of the LDC. A. Projects:for which a development order or permit has been lawfully issued and which has not expired prioa- to the effective date of the LDC, and for which development activity has commenced and continued in good faith, and in.accord with all applicable development orders and permits. Ordinance No. 02-1599 1-:Z ~ April 2002 v r-. ARTICLE ~ GENERAL PROVISIONS .,._J B. Work by any electric utility or persons engaged in the distribution or transmission 'of gas, water, sewer, or. tefecommtmcations for the purpose of inspecting, repairing, or renewing facilities on established rights-of--way, r. any existing sewers, mains, pipes, cables, powedines, poles, utility tunnels, or the like. Cz Work. for~.the. maintenance, renewal; improvement; or alteration of any structure, if the work affects only the interior,.or the color of the structure, or the decoration of the ~ exterior of, the structure, except for such work within the Historic Overlay District: It is not the intent of -this provision to ~ ~ exempt a structure from complying with the LDG upon change of use. It - is not` the intent. of~ this provision to exempt a property: from requirements for a building, permit. - ~ 1.4.3 .'~Retatonship to the Comprehensive.Plan This LDC is intended to implement the Longwood Comprehensive Plan through ` the: establishment. of~ procedures for .review of proposed development and redevelopment, and through the adoption of standards and. criteria for such development.. Refer also to Section 2.2,0 regarding the use of the Future Land Use Map in regulating use of property within-the City of~Longwood. 1:5:0 PURPOSE AND INTENT ~ It is the specific intent of the LDC to provide regulations for the following purposes. - A..:. _ . Regulation'of the division of land., B. Efficient use of public facilities and services. C. ~ . Regulation:. of the use. of..land .and water to ensure compatibility with adjacent land uses. . D. Provision for the protection of natural resources and environmentally sensitive {ands of the City, .including potable-water wellfields, flood prone ~ areas, protected habitats, and wetlands: . E. Regulation.of signs: ' F. Requirement for inspection and engineer certification :in order to ensure that. required improvements meet.Citystandards.` G. Establishment ~ of procedures to ensure that the provisions of the Longwood Comprehensive Plan are implemented. H. ,Provision for the protection of historical and .archeological resources within the City. . Ordinance No. 02-1599 1~3 Apri12002 ARTICLE ! GE9VERAL PROI/IS/ONS . 1.6:0 RULES. 01= INTE6tPRETATION - - ~ ~ 1.6.1 Generally A. fn the administration ~of the LDC, where there is any conflict between text .within the .LDC and any caption, illustration,.or graphic presentation, the text shall control'. B. In the administration of the LDC, where theie is any conflict between the specific provisions of the LDC and' specific. provisions of the Longwood Comprehensive Plan, .the Longwood Comprehensive Plan shall control. v C. The word "shall° is always mandatory -and not discretionary. The word "may" is permissive. ~ : ~ ~ ~ D. Thc~ word °person" includes an individual; a corporation, any. incorporated association, or other similar entity. - ~ ~ - E. Words used in the present tense ,hall include the future: F. Words used in the singular number shall include the plural and the singular, unless the context clearly indicates to~the contrary..` ;v ~`°J G. Unless the context clearly- iridic;ates the contrary, where a regulation involves two or-more items., conditions, or provisions connected' by .the words "and", "at", or "either...oi", the meaning .shall be interpreted as . follows. ~ ~ 1. "And° means that. all connected items,; conditions, and provisions shall apply. 2. "Or" means that connected. items, conditions, or.-~proyisions may - . ~ apply singly or in any comt~ination::. 3: "Either...or" indicates th2~t the connected items, conditions, or provisions. shall apply singly but not.in combination. ~ H, The word °includesn. shall not.limit a term to the specified examples, but is `J intended to extend its .meaning to other instances.or,circumstances of like kind or character. ~ I. All statements that: refer: to "Secti~~n" mean Sections of the LDC unless the statement clearly provides a~citation to another document. ~ 'Ordinance No. 02.11599 .I-4~ ~Apri12002 v ~ ARTICLE 1 , - . . GENERAL PROVISIONS ~ 1.fi.2' Responsibility.for Interpretation In the event :that any question arises concerning: the application of regulations, performance standards; criteria, definitions, -procedures, or any other provision of this LDC, the Administrator shall be responsible for interpretation. - 1:fi,3 Computatlon. of Time: - ' . The time within which an act shall be done shall be computed by working days - exctudrig. the first: and including the last day. Saturdays, Sundays, and :legal holidays in the City of Longwood shall be excluded from the computation. ' ~ 1.6.4. Relationship of Specific to General .Provisions More .specific provisions of this LDC shalt be. followed in lieu of more general provisions. 1...7.0 ABROGATION This LDC is not intended to repeal,. abrogate or interfere with any existing easements, r-, covenants, or deed restrictions duly recorded in the public records of~the-County. . 1.8.0 SEVERABILITY If any section, subsection, paragraph, sentence, clause, or~phrase of this LDG is for any reason held 6y any court of competent jurisdiction to be unconstitutional or otherwise. invalid,-the validity of the remaining portions of'.this LDC shall continue in full force and effect. 1.9:0 EF. FECTNE DATE:. , - These regulations shall be eff. ective. immediately upon passage: 1.10.0 DEFINITIONS - ~ - - - The City' of Longwood'. hereby incorporates by reference-the definitions contained iri 9J- 5.003; Florida Administrative Code, and 463.3164,, Florida Statutes: Other words -arid . terms used in this LDC shall. be .given their common and ordinary meaning,, except. - where the..context clearly, provides. otherwise or~ where a speafic definition. is given within'the text. Thefollowing terms are defiried for purposes of this LDC - ABANDONMENT The use, structure, or `sigri is: not used; occupied,- or otherwise operating: Periods of active remodeling during .:which the use is closed for `repairs:. should not be considered in determining abandonment. - r-, - ACCESS EASEMENT That portion of a lot or parcel used for ingress or egress to an abutting lot or parcel, and shown on a recorded plan by. declaration; In no case shall a street orright-of-.way be construed to mean an. easement. - ~ Ordinance No. 02-1599 I-5 April 2002 ARTICLE 1 GENERAL PROVISIONS ~ ACCESSORY IJSE.OR STRUCTURE A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. ACTIVE RECREATION Recreational use:;, areas, and activities oriented toward potential competition and involving special equipmerit. Playgrounds, sports fields and courts, swimming pools, picnic areas and golf courses are examples of active recreation uses: . ADDITION Any construction that adds or enlarges the size of an existing building. Additions also include any extension~or increase in floor`area, or Height of building or structure. Examples of an .addition are: porch, carport, new room; roof configuration, ~ etc. ADMINISTRATOR The Chief Administrative Official as approved by the City Commission; the City Administrator or designee. - ALLEY As defned in 177.031(1), F.S. ~ ~ ~ ALTER OR ALTERATION A change in the appearance of a building, structure, site or object, which is not otherwise covered by the definition of demolition ~or ariy other change pf which a permit is required pursuant ~to this Chapter. ~ ~ AQUIFER An underground. formation, group or formations; or part of a formation that is permeable enough to transmit, store or yield quantities of water. AREA~OF SHALLOW FLOODING The area: designated on the Flood Insurance Rate Map (FIRM) as AO, AH, or VO Zones. The base flood depthsrange from .ore (1) to three (3) feet, a clearly defined channel. does not exist, the path of flooding is unpredictable and indeterminate, and velocity slow may be evident. .v: AREA OF SPECIAL FLOOD HAZARD The Find in a floodplain that is`subject to.a one percent.or greater chance of flooding in any given year and so noted on floodway maps referenced..bythis LDC. BASE FLOOD The flood having a one (1) pe rcent chance of -being equal or exceeded in any given year. ~ ~ BED AND: BREAKFAST ESTABLISHMENT ,A house,; or portion thereof,'where short- . term lodging rooms and meals are provided. 'The owner or resident manager may `five on the premises. ~ ~ BLOCK As defned by 177.031(2), F.S. ~ ~ v . ~ Ordinance. No. 02-1599 I-6 Apri12002 AR.T/CLE ! . , ~ ~ : GENERAL PRO,VlS/ONS .J BREAKAWAY WALL (FRANGIBLE= WALL) A partition,.independent of supporting structural members that will withstand design wind forces, but will fair under hydrostatic, wave, and runup forces associated with the-design storm surge: Under such conditions,. the wall will fail in a manner such that it disintegrates or breaks up into components that will minimize the potential fior damage to ..life or adjacent property: . BUFFER A' designated area .between. two (2) uses deemed incompatible with each other, or along the perimeter of a natural, feature to be protected from an incompatible use, or along the :perimeter. of that: use, which will absorb or otherwise preclude such incompatibility by some combination of construction design; vegetation plantings; fences and/or maintenance practices which.shall be permanently maintained. ~ :BUILDING Any. structure that encloses: a space used for' sheltering, and' use of occupancy; including a building in the course .of construction, alteration. or repair end`s manufactured home on a-#oundation.. . . COMMUNITY RESIDENTIAL HOME. As defined by 419.Q09(1)(a), F.S. CONTIGUOUS Land that abuts other. land or lands hat are separated only by streets, ^ ways, pipelines, electric power lines, conduits or right-of: ways, owned in fee or less than _ fee,.by third parties.. ~ ~ DIAMETER (TREE) A measurement of the size of a tree equal to the diameter of its trunk measured .four one (1) foot above the adjacent naturakgrade. DOCKS .Structures in and adjacent .to the water used. for mooring of vessels: Private r-. docks .are those which are privately owned'and are not forrent and have a maximum of two (2) slips: Docks with three (3) or more. slips are considered marinas. .DRIP. LINE... The outer perimeter of.the.crown .of the planf. ~ DRIVE-IN OR DRNE-UP RESTAURANT A building or portion thereof where food and/or beverages are sold in a form ready for consumption and where. a significant . portion. of the consumption takes place: or. is.designed_to take place outside-the confines of the building. The building may include one or more service windows accessible directly from a vehicle. DWELLING .UNIT . A. building providing complete independent living facilities for'one housekeeping unit. including a kitchen and, permanent 'facilities for living, sleeping, eating, cooking, and sanitation. .Attached A ,singl'e-.family. dwelling that is attached .to or shares-a comm. on ~ vertical wall with one or more other dwellings. Duulex Amulti`-family building containing two (2) dwelling units. Ordinance.No.02-1599 I=7 Apri12002 r ARTICLE l U - ~ ,GENER~4L PROV/3l®N~ Manufactcnred Home Asdeflned in 3~'0.01(2)(b), F.S: . - : Multi-Family . A building containing 'three (3) or mare dwelling units on. an undivided _tract.of real estate under till: sole ownership of an individual, family, `J firm, association; partnership, trust-company or corporation; the Perm includes rental apartments, cooperative apartments, residential. condominiums, and ttie like. ~ . ~ ~ - . j _ ~ Townhouse A single .family dwelling iii a row of three (3) or more dwellings; that share common vertical walls.:. ~ - ~ ~ v EASEMENT Any strip of land created by an individual; government agency, or utility. v provided for public or Private. .utilities, sanitation, or other specific uses. having v' limitations, the title of which shall remain in the name of the property owner; subject tb the. right of use designated in the reservation cif the servitude. Public utility includes any public or private: utility, such as,. but not limited to, storm drainage, sanitary sewers, .electric power, water service, gas service, or telephone line,. whether underground or overhead. EROSION The wearing or washing away of soil (consolidated or unconsolidated material) by the action of wind or water. ~ FAMILY One ('t) or more person occupying s single dwelling _unit; provided' that such family shall not contain over three (3) persons unless all ,persons are related pt' .law,. blood, adoption, or marriage and.are not immediate kindred. FAMILY DAY CARE HOME As defined .in 402.302(T), F.S. ~ ~ v FENCE A barrier erected to screen, protect, control animals, or mark boundary of any open area. Fences. can be made of wood, metal, concrete, or similar types: of material, or planted master. ~ _ FLOOD A temporary rise in the level of any.water body, watercourse,. or wetland that results :in the inundation of areas not ordinarily covered by water. ~ FLOODUVAY The portion of the floodplain district required to cant' and discharge the waters of: the one hundred :(1.00) year flood -without increasing the water surface . elevation: at any point more than :.one (1) foot, above conditions as demonstrated~,in a flood insurance study. FLOOR AREARAT90 (FAR).The total area of all floors of a building divided by~the total site area. L: . ~ Ordinance.No.02-1599 1-8 Apri12002 'ARTICLE 1 , ~ ~ GENERAL PROVISIONS GRADE..The~ average. finished ground: level.: of the' land immediately surrounding 'the .building or structure. - GROUND COVER Nafural mulch or low growing evergreen plants other than deciduous Varieties installed to form a continuous cover over the ground. HOME OCCUPATION Any activity carried out for gain by a resident conducted as an accessory use in the residents dwelling. HOMEOWNER'S. ASSOCIATION As defined in 720.301(7); F.S: HOSPITAL As defined in 395.002(1:3),. F. S. 'HOTEL (MOTEL) As establishment where- lodging is provided for compensation other than in dwelling units. Unless otherwise specified by district regulations,, hotels may include restaurants, lounges, gift shops;. and other-customary uses open to both . occupants and others. For purposes of these regulations, the teim hotel,. shall be construed to include motel, motor court, motor inri, tourist eourt; motor lodge and similar. facilities.. - . ~ IMPERVIOUS SURFACE A surface which has been compacted or covered with'a layer of material so that it is resistant to infiltration by water. The term includes.streets, roofs; ~ ,r. sidewalks; :parking lots, swimming pools, .or areas covered by, asphalt, brick,, concrete; or othersimilar materials. IMPERVIOUS SURFACE RATIO (ISR). The proportion of a development that is covered by an .impervious. surface. It is determined by dividing .the total area in impervious surface by.the total site area. ~ - ~ JUNKYARD OR SALVAGE YARD Place, structure or lot where junk; waste, discarded, . salvaged . or. similar. materials .such as .old metals, lumber; glass, paper, rags, cloth,. ' bagging, cordage;, .barrels, containers, .etc:, are ~ bought; brought; sold, exchanged, baled, packed, disassembled, stored, or handled; including used lumber and building. material yards, house wrecking yards, heavy equipment wrecking yards and :yards or places for the storage, sale or handling. of salvaged house wrecking steel materials and ' also including the dismantling or disassembling of~used motor vehicles, boats or trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete; or wrecked vehicles or their parts. . KENNEL An establishment..for .the keepirig,•breeding; ~ boarding,..or'training 'of dogs, . cats, or similar domesticated .pets. Domesticated pets' shall not .include. livestock, . poultry, exotic, or farm animals. LOT A parcel of land of safficient size to meet minimum design requirements for use, Ordinance No. 02-1599 I-9' Apri12002 i4RTICLE I GENER~4L PROV?SlONS ~ coverage and area, .and to provide such yards and other open spaces are herein required. Lot includes tract or parcel and means the least fractional part of subdivided lands having limited fixed boundaries, and an assigned number, letter, or other name through which it. may be identfied: ~ - - Corner A !ot abutting upon two (2) or more streets at a street intersection,, or -abutting upon two adjoining and deflecl;ed lines of the same street. Fla4 A tract of land having insufficient lot width .along a road or at.a minimum setback line to meet .Code requirements but with sufficient area to meet all !ot requirements further back on the lot. Double Frontage A lot having two (2) non adjoining property lines abutting, upon a street ar.streets. . Interior A lot other than a comer lot or a double frontage lot. ~ ~ .Reverse Frontage .A double lot fronting on both a minor street and primary or collector street with access only permiti:ed to the minor street. Rear access to the primary or collector street shall be prohibited by means of anon-access v .reservation strip or easement along the .primary or collector street. v LOWEST FL®OR. The lowest habitable floc?r of the lowest enclosed area; including basement intended for human occupancy, excluding storage, mechanical.arid parking: ~ MANUFACTURE® BUILDING .As defined in ,320.01, F:S. - - MEAN HIGH WATER The average height of the high water over~a nineteen 19 period. For shorter periods of observation, it means the average heighf of water. after corrections are applied to eliminate known .variations and to reduce the resulf to the equivalent _ of a mean nineteen 19 ( )year value. The mean high water line along the , shores of land immediately bordering on navigable-waters is recognized and declared to be the boundary between the foreshore owned) by the state in'its sovereign capacity and upland sutiject~ta private ownership. Mean .Nish. Water Line The. intersection of the. tidai plane of mean high water with the shore. MEAN LOW WATER The average height of the low waters over a nineteen (19) year : period. For shorter periods of observation, it rneans~ the average height of water after corrections are. applied to eliminate known variations and to reduce the result to the equivalent of a mean nineteen (19) year value. Mean Lowy Water Line The intersection of the tidal plane of mean !ow water with the shore. Ordinance fVo: 02-~p599 1-10 ~ aprii aoo2 ~ ARTICLE ! r-, _ GENERAL PROVISIONS '1 MITIGATION Any action: taken . to lessen the., specified undesirable ~ impacts .of .:a ~ proposed land use or land disturbance activity, including those which would adversely affect the health ~or longevity of a natural feature, pose a visual intrusion or conflict, or otherwise be deemed incompatible with surrounding properties. r-., r-, NON-CONFORMING. USE A land or. structure use thaf is inconsistent or does not ~ conform to the regulations of the land use district in which it is located. ORNAMENTAL A decorative object; especially a plant cultivated for its beauty rather than for use (in other words,. not necessarily a functional use such as .buffering and shading as other portions of the code: require). - .PASSIVE RECREATION Recreational uses, areas . or activities oriented. ~ to noncompetitive activities. that either require no: special equipment ~or are natural areas.. Bicycle riding, hiking and bird watching are examples of passive recreation activities. PLAT (SUBDIVISION PLAT) A map or delineated representation of the subdivision of lands, being a complete. exact presentation of the subdivision 'and other`information and may include the terms "replat°, "amended plat", or "revised plat". PRINCIPAL STRUCTURE. A building,. which is the primary use of the' lot.on which the building is located: mss. PROFESSIONAL. ;SERVICES Business activities primarily provided by persons engaged . in .the practice of a profession; or providing services to otFier persons. .Professional services are typically provided in offices and do not include retail ' or wholesale sales; industrial activity, repair, storage, or other business activities focused on products rather. than persons: Professional services may also include administrative offices. for commercial. or industrial activities carried out in locations other than the site of the professional services.. . ~ RECRI=ATIONAL VEHICLES As defined. in 320.01; F.S. ~ : rte. RESTRICTIVE. COVENANTS Agreements and restrictions' placed on property, usually by. deed, and fled .iri the Office of Clerk of Circuit Court for subdivisions, townhouses, condominiums and the like. r--. RETENTION:The .collection .and storage of runoff without immediate surface discharge to surface waters... ` . . ~ SETBACK An, area defined within the limits of a lot in which no building,. other than . r-, accessory structures. may be located, except as otherwise specified in this LD.C. r-, SHADE TREE Any self-supporting woody plant of a species that is well-shaped, well- ~ Ordinance No. 02-1599 ~ I-11. ' April 2002 r, ARTICLE 1 ~ GEN~R~4L PROVISIONS ~ balanced and well-foliated which. normally grows to a height of at least twenty-fve (25) `J feet and riormal9y develops an average nature spread of crown greater than twenty (20) feet. ~ . SHRUB A woody perennial plant differing from a perennial herb by its persistent and woody stems and from a .tree by its shorter stature and habit of branching from the ~ base. ~ ~ ~ - i SUBDIVISION PLAT See plat. SURROUNDING NEIGHBORHOOD A neighborhood is a contiguous ~ area distinguished from other areas by common characteristics of social interaction, and personal communication.. The area also shares common. characteristics of design and type of development (although it is not required that the neighborhood be entirely homogenous). A neighborhood may be separated from other areas by such barriers as major roadways (arterials, freeways, or other such major transportation corridors), water bodies, or.. natural features. A neighborhood may be 'a single subdivision or :several subdivisions that: together forma contiguous area as described above. SWALE A natural or manmade drainage pathvvay, which if manmade has a top width to depth ratio of the cross section equal to or greater than six (6) to one (1) or side slopes, equal to or greater than three (3) feet horizont~il to. one (1) foot vertical; and has a grade as flat as the, topography and design conditions will. allow;.. and contains contiguous areas of standing or~flowing.water only following the occurrence of rainfall or flooding; and is planted. with vegetation suitable for spill stabilization; stormwater treatment, 'and ~`J nutrient uptake.. ~ TEMPORARY,vSE~A prospective use, interid~:d!for limited duration, to be located in a land use .district.not permitting such use, and not continuing a non-conforming use or `J building. .J TREE; CANOPY A tree, either single stemmE:d:or multi-stemmed~(clump form) which typically has a height at planting of at least fir?relve (12) feet and,- if single stemmed, a diameter of at least three (3) inches. (measured DBH) at the'time of planting~and is, of a species which at maturity, can be .expected to reach a height ~of at least thirty five .(35) feet. v, TREE, IJNDEIt$TORY. A..tree, single stemmed or~.multi-stemmed (clump form) whose ~ leaves would occupy the intermediate level of a forest in a natural ecological situation. This type of tree is of a species that, at maturity,. can be expected to reach a height of at least fifteen (15) feet. ~ ~ VEHICULAR USE AREA Either an area desiclned or used for off-street parking or an area used for loading circulation, access, storage, display, or traverses or property by vehicles, boats or construction equipment. Ordinance Ho. 02-1599 I-12 April 2002 ARTICLE I GENERAL PROVISIONS ~ WATERBODY Any natural or artificial pond, lake, reservoir, or other containment which ordinarily or intermittently contains water and which has a discernible shoreline. WATERCOURSE Any. natural oc artificial stream, creek, channel, ditch, canal, waterway, gully, ravine or wash in which water flows in a definite direction, either continuously or intermittently and which has a definite channel, bed or banks: . WILDLIFE HABITAT A community of plants that. provide food, water, cover, nesting, and foraging or feeding conditions necessary to maintain populations of wildlife. YARD The open unoccupied space on a building lot situated: between the front, rear,. or side walls of a building and. the nearest lot line. Yard may also mean setback or setback area. r-.. " ~ . - ^ . ` Ordinance No. 02-1599 1-13 ~ April 2002 ' ~ . - ARTICLE 11 . - ,LAND USE~UISTRICTS AND OVERLAYDISTR/CTS r. v.. h s ~ n - - 2.1.0 GENERALLY, : , II-2 2.1.1 (Purpose. ~ ~ ~ II-2 2.1.2. Onterpretation of District Boundaries II-2 2.2.0 ADOPTION OF FLUM DISTRICTS . II-3 2.2.1. I_ow Density Residential (LDR) ll-3 I I-3 2.2:2 Medium.Density,Residential (tiIDR) 22.3 17owntown (D) ~ ' . II-3 r.. 2.2.4 General Commercial (GC) II-3 2.2.5.,, .Industrial (IND) ~ ~ II-4 2.2.6 Publicllnstitutional (P/L)- - 11=4 2; 2.7 ~ Conservation.(CON) ~ II-4 ~ ~ ~ ~ - 2:3.0 TABLE C1F. ALLOWABLE .USES ~ I I-4 2.4.0 OVERLAY DISTRICTS ~ ~ - II-6 2.4.1 Historic Overlay Districf II-6 2.4.2 ..,(Reserved.for adoption of desicln guidelines by: - II-6 reference) . ~ . ~ ~ , - . Ordinance No. 02-1599- - II-1 ` Apri12002 ARTICLE 11 ` 'LAND USE DISTRICTS AND OVERLAY DISTRICTS 2:.1.0 GENERALLY...... ~ - v '2.1.1 Purpose ~ It is the purpose of this Article .to describe the uses of land that are°allowable within the City of Longwood. In order to accomplish this purpose all land within the City is divided into districts by the Longwood Comprehensive Plan and the Future Land Use Map (PLUM). contained within that Plan. The allowable uses are described generally within the Future Land Use Element. of the 'Plan and more specifically in Section 22.0 of this, Code. ~ 2.13 Interpretation of District Boundaries Where uncertainty exists as to the 'boundaries ~of districts shown on. the Future Land. Use Map, the following rules shall apply.. A, Boundaries indicated as approximately following. the centerlines of streets, highways, alleys, or other public ri jhts-of-way shall be construed to follow such centerlines. Where the street, highway, alley, or right-of-way has been vacated through ofFcial action of the governing body, the boundary shall be construed to follow the centerline of the vacated. right=of--way. B. Boundaries indicated as approximately following. platted lot lines, section lines, or tract lines, shall be construed to follow such lines. C. Boundaries indicated as approximately following city limits lines shalt be _ construed. to follow-such city,limits lines. D. Boundaries indicated as following railroad lines shall be construed #o be midway between the main tracks. E. Boundaries indicated as following shorelines shalt be' construed to follow such. shorelines, and in the event of change in the shoreline shall be con- strued as moving with the. actual shoreline; boundaries indicated as~ ap- proximately following the centerlines of canals, streams, or other bodies of .water shall be construed ao follow such centerlines.. ~ F. ,Boundaries indicated as .parallel to features described in Subsections A through E above shall be construed as parallel to such features at the dis- `v tance from the feature indicated on the PLUM. If a distance is not indi- Gated on the future Land Use Map, the distance shall be determined by the scale of the map. G. Where features existing on the ground are different than those shown on the Future Land Use Map, or where-other uncertainty exists, the Adminis- trator shall render an Interpretation on the location of the boundary line in question.. - ~ Ordinance No. 02.1599 II-2' Ap~i12002 ~ ~ ARTICLE 11 1~4ND USE L11STRnCTS AWE OI/E14L4Y DISTRICTS 2.2.0 ADOPTI~IV OF FLUM. DISTRICTS The City of Longwood is divided .into districts on• the Future Land' Use Map (FLUM) of the Longwood:, Comprehensive Plan... The FLUM is hereby incorporated by`reference into this.Development Code. 2.2.1 .Low C)ensity Residential (LDR) The LDR land.~use.district~ is designed for the predominant use of single-#amily ;residential development of densities up to 4.0 units .per acre: Allowable uses in- elude single-family detached homes, sirnlle-family clusfer:development; and cus- tomary residential accessory development.. that is incidental to the principle resi- dential use of the -lot. or parcel. Other uses are allowable, as shown in: Section - ~ 2.3.0 (Table of Allowable Uses);: subject to the supplemental standards inSection .5.4.0 (Supplemental. Standards for Spec~~ic Uses). - 2.2.2 . Meclium~[)ensitj/ Residential (MC?R) ~ • The MDR land use district is designed for all types of residential development. The minimum density within this district is 4.1 dwelling. units per acre, and the ~ maximum density within this district. is .10.0 dwelling units per acre. ,Allowable uses include both single-family (attached, detached, or cluster) development, du- - Alex development,` multi-family developr~ient in a variety of housing types, and customary. residential accessory. development. that is incidental to the principle residential -use of the lot or parcel. Other uses are allowable, as shown in Seo- tion 2.3.0 (Table of Allowable.. Uses), subject. to the supplemental standards in Section 5.4.0 (Supplemental Standards for Specific Uses): 2:2.3 Downtown (D) The Downtown land use district is designed for a wide range of uses consist®nt with. the historic, cultural, civic, and ceremonial center of the City: ~ Allowable uses include residential .(at any density up to 10.O:.dwelling units per_acre), office, medical; commercial,. entertainment; government, civic, and recreational, all as further specified in Section 2.3.0 (Table of Allowable Uses). In the Downtown District uses may be combined on one lot or parcel and further maybe combined within. one building.. ,Where uses are mixed or combined the maximum- density for tiie ,residential portion- of the development shall be 10.0., dwelling ,units per acre, provided that the dwelling units arE: placed on second or figher floors and that non-residential uses are placed on ttie ground floor. The maximum intensity of the non-residential portion of the development shall be as shown in Article lll. Certain uses. may also be subjecfto the ;~upplerrmental standards in Section 5.4.0 (Supplemental Standards for Specific Uscs). . 2.2.4 General. Commercial (GC) The GC land use district is designed to~ provide a location for a wide range of al- lowable uses, including commercial, office; professional service, medical, enter- tainment, civic; and public service uses, all as further specified in Section 2.3A (Table of Allowable Uses). Certain uses may also be subject.to the supplemental standards in Section 5.4.0 (Supplemental Standards for Speck Uses). Ordinance No. 02-199 ~ ~ ll~ ~ Apr112002 - ARTICLE 11 'v 'LAND USE DISTRICTS AND OVERLAY D/STR/CTS - ~ j 2.2.5 Industrial. (IND) ~ The IND land use~district is designed to provide a location for a wide range of in- v dustrial uses as well as uses that are supportive of and ancillary to industrial de- velopment. Allowable uses include general office, government services, ware- housing and distribution centers, manufacturing, and specified commercial, all as .further specified in Section 2.3.0 (Table of Allowable Uses): Certain specfied uses may also be subject to the supplemental standards iri~ Section 5.4.0 (Sup- plemental Standards for Specific. Uses). - 2.2.6 Public/lnstitutiona! (P/l) The P/I .land use district is designed to provide a location for civic, educational, governmental, cultural, and specified recreational uses, all as further specfied in Section 2.3.0 (Table of Allowable Uses). Certain uses may also.be subject to the supplemental standards, in Section 5.4:0 (Supplemental Standards for. Specific Uses):. 2.2.7 .Conservation (CON);. ~ The CON land use districf is intended to .protect environmentally sensitive areas . ~ as identified 'in the .Conservation Element of the. Longwood Comprehensive .Plan.. Such,. environmentally sensitive areas iriclude wetlands, floodways and.' flood- plains;. unique wildlife habitats, and lakes or other water bodies: ~ Development L. shall. be limited.to outdoor active or passive recreation consistent with the intent of the CON district, and shall allow one (1) residential dwelling unit on a lot of re- cord. existing at the time of the adoption of this Code. ~ 2.3.0, TABLE OF ALLOWABLE USES Tfie following uses are allowable, subject to the standards,. regulations, and crite- " ria of this~Code.and~.the Longwood Comprehensive Plan.- A =allowable, subject to the standards, regulations and criteria of this Code: S. =allowable, subject to the standards, regulations, and criteria of this Code and supplemental standards of Section 5.4.0,. pertaining to. the. speafic use. Where a, use is subject to supple- mentaCstandards, the speafic Section is inGuded=in parentheses. " ,,v Ordinance No. 02-1599 11~ Aprff 2002 ~--J r. ARTICLE II , . LARI®~USE ~DISTR/CTS AN® OVERLAY DISTRICTS ' . Distriicts: ~ c . y :ti ~ ~ c ~ p w c ~ N ~ Z . ~ 3 a~i ~ a~i o C7 c o- c J ~ N ~ Q O ~ Uses: U Adult entertainment establishments 5.4.6 ~ S Bake sho retail sales) ~ A A Bake roduction - ~ A . Bed and breakfast establishment 5.4.5 S S ^ Body shop, freestanding or in conjunction with used ^ vehicle sales„vehicle service, or vehicle re air A Carwash freestandin2q) ~ - A ^ Cemete ~ A 'A A ~ Civic facilities museum,.library, and similar) A A' ~ - - A ' Communi centers and indoor recreation facilities A A A ~ A A Communi residential homes 5.4.9 S S Da care and- re-school facilities 5:4.3 ~ S S S S . S S Do kennels without outdoor runs A A Do kennels with outdoor runs 5.4.2 S S . Fast-food and:drive=up restaurants ~ A ~ financial institutions ~ A A A. A Funeral home ~ A A A ~ Gasoline sales ~ A~ A A' General oft"ices, iriduding government offices, and. exdudin medical A A A A Government services,, such as public works yard, utility fa- ' dlities emer en seniices facil' substations, etc. ~ A A - A . A Grou homes 5:4.10) ~ S S S S Hos itals 5.4.8 S S Hotels and Motels ~ A A Jun rds/SalVa a ards (5.4.1) S Lar a-scale discount stores A LI ht re air indoor A A A Lod es or dubs rnrate A ~ A A Manufacturing, processing, assembly, or fabrication indoor ~ ~ A ~:A Manufacturing, processing, assembly, or fabrication with outdoor stora a or actrvit ~ A MedicaUdental offices and dinics ~ ~ - ~ A. .A A Mini=stora a fadlities ~ A: A ' Multi-famil .dwellin s, including duplexes . A A ^ Nurse last ~ A A Nursin and convalescent care fadlities. 5:4.7 S ^ Outdoor recreation fadlities active A ~ A A A A Outdoor stora e ~ A ~ Packa a store alcoholicbev a e sales A A r, Passive recreation facilities ~ A A A A A A Print shop (retail service for personal or business use, suet ^ as photocopy, blueprint, laser print, and similar reprodu.:r A A lion services; etc. Ordinance.No.02-1599 ~ ~ 11.5. ~ ~ ~ Apri12002 ARTICLE Il - LAND USE DISTRICTS AND OVERLAY DISTRICTS . ~ nistricts: ~ J N :7 ~ U ~ I Commerdal rinter offset Tess news a er, book bindin Professional services ~ A Reli ious institutions 5:4.11 A A . A S S S S S S Researdi facilities A A Retail. fac~7fties Schools A A A : Secu ' buildin s/Guard house ~ A A A . . A. A . q Sho in centers ~ A A A A A- A Sin le-famil , dwellin s ~ A Sit-down restaurants - A A . A 'q. Theaters - ~ A A ~ A Utility collection or -distribution systems (cables, lines, A A A. q ~ i es, um in stations A A. A A A A~ q Vehide rental facilities 5.4.4 S S . .Vehicle sales 5.4.4 - Vehicle seniice and re air S S Veterin clinics; indoor ,and sales ~ A A Warehousin indoor store e A A Wholesale facilities - A . A. A A.. oodworks cabinet makers and similar woodworkin A ~.1R t ~ S Note: Uses that do. not allow outdoor storage may provide for storage outside the nnci al buildin vided that such storage is passive, is fully eridosed on all four sides,. and has no stored materials ~ or objects visible above the top of the enclosing wall(s). Passive storage means that materials, ~ goods, or objects are not assembled, produced; processed, or otherwise used,in the storage .area. 2.4.0 .OVERLAY DISTRICTS ~ 2.4.1 Historic Overlay District The Ci of Lon ~ tY gwood establishes a Historic Overlay District. depicted . on :the FLUM: The purpose of the Historic Overlay District into ensure that rehabilitation rafher than demolition of historic structures is carried out, unless there are no economic or reasonable aitematives to demolition: The Overlay District is also to ensure that all. ublic and purpose of the Historic p private development and re- development within. the district conforms to the adopted Longwood` Historic Dis- trio Code Book and Master Plan.. . 2.4.2 (Reserved for adoption of design guidelines b reference v Y ) . - - . Ordinance No. 02-1599 II-6 Apri12002 ~.i ~ ~ ARTICLE II! ~ LIE1/~LOPMIeNT'~ESIGMSTAMDARDS ~ a ~ f r~ 3 4 r~l,{ r t t ~ .a ~ y. Vii, c4L 7 r ze` 3.1.U GENERALLY III-3 3.1.1 Purpose ~ III-3 r, 3.1.2 Principles of Development Design - ~ III-3 3.1.3 Applicability Within Existing Neight?orhoods III-3 3.1.4 Applicability Within Land Use Districts and Overlay Districts III-3 3.1.5 Applicability of Design Standards III-3 3.2.0' SITE DESIGN STANDARDS ~ ~ 111-4 n 3.2.1 Table of Dimensional Standards 111-4 r. 3.2.2 Lot Design Standards III-5 3.2.3 Speaal Design Standards for DevE:lopment on III=9 US Highway 17/92, Dog Track.Ro,ad, SR 434 and CR 427 3.2.4 Appearance Requirements for Single-family Residential III-18 Straactures 3:3'.0 SUBDIVISION. DESIGN AND LAYOUT III-19 3.3.1 Pw-pose ~ III-49 3.3.2 General Requirements III-20 ^ ~ 3.3.3: Exceptions ~ III-20 3.3.4 Requirementsfor Preliminary Plats,. III-21 3.3.5 Requirements for Final Plats ~ III-25 3.3.6 Design Standards III-26 3.4.0 (RESERVED) III-30 ^ 3.5.0 BUFFER AND LANDSCAPE REQUIREMENTS III-31 3.5.1 Generally 111-31 3:5.2 Buffers Required III-31 ~ 3.5.3 Generale Landscaping. Requirements III-37 r-, 3.5.4.. Plant Material Standards III-39 3.5.5 Tree Protection Standards III-41 3.6.0 OFF-STRIEET~PARKING AND LOADING 111-47 3.6.1 Parking Space Requirements III-47 3:6.2 Loading.Space Requirements 119-53 3.6.3 Handicapped Access III-54 3.6.4 Reduction of .Parking Space Requirements III-54 ^ 3.7.0 STANDARDS FOR.DRIVE-UP FACILITIES II@-55 . Ordinance. No. 02-1:199 III-'8 April 2002 ^ ARTICLE Ill v. DEVELOPMENT DESIGN STANDARDS 3.8.0 . STANDARDS FOR CLEAR.VISIBILITI( AT INTERSECTIONS. LII-56 3.9.0 FIRE LANES, ADDRESSING AND KEY BOXES ~ III-58 3:10.0 STORMWATER MANAGEMENT III-58 3.10.1 Stormwater Management Plan Requirements ~ III-59 . v ;v . . . . 1 .v. . 'u . , v. ,.v Ordinance No. 02-1599 III-2 ApH12002 L1 ^ ARTICLE III DIEVELDPMENT DESIGN STANDARDS ~ ~ . 3.1.0 GENEi2ALL:Y . . 3.1.t Purpose .The purpose of this article: is to provide development design standards applicable " to both. public arid. private:development~ activity ~,rithin the City of. Longwood.: . ^ 3:1..2 Prinbi~tes of De~relopment Design ~ . ~ _ _ ..Development .design shall frst take into :account the pro#ection of 'natural resources iris prescribed in this LDC. Alf~develgpment shall be designedao avoid unnecessary impervious surface cover; to provide adequate access. fo aots and r-. sites;..and;:~o~ ensure appropriate .site. design. .All engineering plans submitted :.pursuant tc~ the requirements of this art;cle shall be signed and sealed by `a :registered professional Civil Engineer. - 3.1.3 Applicability Wi4hin Existing Wei~ghborhoods ~ . . ^ _ Where standards are provided that require neHr development to be consistent.or~ compatible with an existing subdivision or existing neighborhood, .the greatest ~ weight shall be given to development within the City Limits of the City of Longwood. This means .that, while a study area that defines an "existing neighbofic~od° or "surrounding neighborhood"' may include territory that. is both within and without. the corporate limits of Longwood, determinations of ~ consistency and. compatibility shall be based on the development patterns and other required features, as they exist within.the corporate limits. of Lonngwood. Refer to the, definition of ."surrounding neighborhood" in ArtiGe I, which also applies to the term "existing neighbofiood" or "rieighbofiood". ^ 3.1.4 Applicability Wuthin Lanc9 Us® Di'istricts and Dye~lay Districts .The design standards described for land use district shall apply to all development witfiin that district. In addition, standards for. development within an. overlay district, such as the Historic Overlay District, shall apply. Where conflict arises between standards for the..undeiiying land use district and any overlay district, a~e overlay district- standards shall take precedence. 1n addition to standards for all development within a li~nd use district;. supplemental standards are provided for. specified individual uses. These` supplemental' standards are described in Article V:. Where conflict arises between standards for the land use ^ district and a specified use, the stricter standard shall apply. . . 3.1,5 Applicability of Design Sfa~rodar~is The design standards contained in this the Longwood Development Code and `the City of Longwood .Manual of Standards (for: the design,. construction and Maintenance of Water and Wastewater Systems),. arid the Public Works Design Standards (for City Streets; Stormwat.er Systems arid Subdivisions) shall be . utilized for all development within the City of `Longwood. r. Ordinance No. 02-1599 _ 111-3. April 2002 ~ ARTICLE 1/I •,J . DEVELOPMENT DESIGN STANDARDS 3.2,0 SITE. DESIGN STANDARDS ~ 3.2.1 Table of Dimensional Standards ~ ~ 4 ~ r ~ i~~~a~ rirU~ ~ ~ tz e_ fP_ r a r~e~ y ~ t Fa - Low Density Min. 0.0 Min. 26 Residential (LDR) Max. 4':0 . (A) 15 40% ; . NA (C). r t ~ ~d r" ik . ~ t-~. Downtown (D) ~ Max. 10:0 0 0~ 0 ~ ~ ~ ,75% ~ ~ ~ :75%~~ ' ~ `(D) ~ ~ Industrial(IND) 0 0 (B) 25 .75% _....;509~~ (D):' ; a s . . ~ ~ , ~ Conservation ~ ~ ~ ~ ~ . (CON) 1.0 NA NA NA 5% NA' {D) . . A. New subdivisions may propose a 1.0' side yard setback or approximately v equal to the average of. the side yard setbacks of platted lots within the abutting subdivision.. Infll tots (development on platted lots in.subdivisions approved .prior to the effective date. of this Code) shall have a. side yard setback approximately equal to the average of the side yard setbacks of plattedaots in the subdivision in whichahe:infili lotis located. ,J . B. The total' of the two side yard setbacks shall be frfteen (15) feet. (Note: . development. of comer .lots shall meet, the clear visibility. triangle requirements of Section 3.8;0) ~ C. There is no.maximum building height in..residential development, provided that new structures shall not exceed a total of the average building height of structures within,the.neighbor•hood plus twelve. (12) feet.. (Maximum building.height =average existing height +.,12') D. There is no maximum building. height in non-residential development, provided: that new structures shall not exceed 1:50% of the average height of existing buildings within the surrounding neighborhood. . (Maximum building .height = 1.5 x average existing. height). E. Comer lots shall have . a. setback.: on each ..road frontage .equal to the required ftont setback. ~ • Ordrnance No. 02-1599 ill-4 Apri12002 v ARTICLE Ill ~ _ ~ ~ C?EVELOPMEAIT' ~ES/GM SIAM®AR®S 3.2.2 Lot Design Standards ~ ~ . A. Lot ,Area Standards . There shall be no minin~um~ ~tot~ ~~rea, provided that all of the following requirements are met. 1:. For residential land use districts, .lot area shall be consistent with ~ the maximum density of the area. Should cluster development be proposed, appropriate and ;adequate open space shall. be set aside either through dedication to a public agency or homeowners' . association, or through a recorded conservation easement. The purpose of the open space; set aside is to .ensure that the gross density is maintained wherf> smaller lot sizes are proposed in order to achieve cluster developiment. (Appropriate: and adequate open space, means the amount c?f open, undeveloped land necessary to . 'maintain the required gross density and fo meet any minimum open space requirements set by the Longwood Comprehensive Plan or this Code. Such opero space shall be considered appropriate and ~ adequate if.'it is contiguous rather than in scattered, small portions of the overall development.;) ~ 2.. For all land°use districts;.lot area shall be sufficient and adequate to accommodate all site design standards and requirements (such as, but not liimited to parking,,,, landscaping, buffers, and stomtwater retention. areas). 3. For all land use districts, .lot area shall.: be consistent with the density for the land u.,e district and compatible with the . predominant tot area of"the surrounding.neighbofiood. a. Where larger lot areas are proposed; the proposed .lot area shall: not be greater than 150% of the average of lots in surrounding neighbofiood.. b. WF~ere smallerlotsaie-proposed, the proposed lot area shall not be less than 7(i% of the average lots that. are in the . surroundings neighborhood. ~ ~ Ordinanc® No..02-1599 1115 -April 2002 n r`, aRricr_E m DEVELOPMENT DESIGN STANDARDS LOT.AREA STANDARDS • 4. ~ - ~ NOT PLAITED . NOT PLATTED . 100' - ,..100' . 50' /LOT 4 / ' 5,000 Sq. Ft. ' / L07 7 , / j 65~ 6,500 Sq. Ft. / /.100' / ~ ; : : / v 60'//LOT3~~~: 100' ~ . 8,000 Sq. Ft , , _ /j . / LOT B / 95' 9,500 Sq.: Ft i.~ /LOT 2_i / w - 100' 100' / i , , L T 1 l /LOT 5 ~ 50 5,000 Sq. Ft. ; 50' 5;000 Sq: Ft / ~ . • _ The average lot area is determined by adding tlie,lot area oflots i.through 7 together and dhdding by the total.number ot` lots: 42;500TotatSq. F't: ' 7 = 6,071Sq. FL Average L.ot Size ' Small Lots:. Minimum area m 7096 01' average lot size ~ (4,250 Sq: Ft based upon above sample average lot size) Large tots: Maximum area=15096 01 average bt size v (9;107 Sq: Ft based upon above sample average toTsize) ~ Ordinance No. 02-1599 ~ 111-8 Apri12002~ ~ ~ ARTICLE 111 ~ ~ - . - 12EVELOPMENT DESAGM STAN®AR®S B. Lot Dimension Standards There shall be no, minimum- lot width or lot depth, provided that the ~ following requirements are met. ~ 1. Lot: width and lot depth .shall. be sufficient and -adequate to . accommodate all site design standards and requirements (such as, but. not. limited to, parkincl, access drives, landscaping, buffers, setbacks, and stormwater r~atention). ~ 2. Lof width-and depth shall be a?nsistent and compatible with the .predominant configuration of lots in the surrounding neighborhood. a. Where large lot v~ridths or lot depths.. are proposed, 'the ~ ~ proposed dimensions, shall not be greater than 450% of the average dimensions of lots in the surrounding ::neighborhood. . . b: .Where smaller lot widths or lot depths are proposed, the dimension shalt not :be less. than 70% of the average dimensions of lots yin the surrounding neighborhood. . ~ . r-. . . ' . Ordlnance;No.02-9099 6117 ~ Apri1.2002 ~ ~ III 0 a ~ LOT DIMENSION STANDARDS LOT DIMENSION STANDARDS o (Larger Lots) - ~ (Smaller dots) ~ - o. N ~ , - , ~ ; ioa ' MAXIMUM CALCULATED MAXiMUM'PROPOSED : 100 . ALLOWABLE FRONTAGE-91.07 Ft LOT AREA ALLOWED 8,107 Sq. Ft MINIMUM PROPOSED - MINIMUM CALC11lATED ALLOWABLE FRONTAGE = 42.50 FL LOT ARFA ALLOWED 4,250 Sq, FL ' ioa ioa 1oa ioa 50' LOT 4 ~ 50' ' LOT 4 5,000 Sq. Ft LOT 7 5,000 Sq. Ft LOT 7 ' 65' 8,500 Sq. Ft 85' 8,500 Sq. Ft 100' 100 . LOT 3 100' ~ LOT 3 100'' 80' B,000Sq.FL 6,OQO:Sq•'Ft 1.07 6 LOT 8 r' 100' 96' 9,500 Sq. Ft. 100' 95' 9,500 Sq. Ft tOT 2 LOT 2 55 5,500 Sq. FL 55' .5,500 Sq. FL m z y 100' 100' 100' 100' LOT i LOT 6 LOT 1 LOT 5 rn 50' 5,000 Sq. Ft 50' 5,000 Sq. Ft ~ 5,000 Sq. Ft 5,000 Sq. Ft LongesCProposed Lot WMth = the total Average.Lot Width X 150% Shortest Proposed Lot Wldth ~ the total Average Lot.Width X 70% a The new proposed lot can not t~ve a wWth.greater than 9L07 Ft Thefiew proposed lot aan not have a width smaller than 42.50 FL 0 ~ (Cased upon sample dimensions) (teased upon sample dimenelone) o O N ' ~ - ~ aRrrcL.L: ' ~ ~ L)EVLLOPA9ENT DES9GM STANDARDS . 3.2.3 Special ,Design Standards for. Development on US. Highway .17/92, Dog Track Road, $R 4~ ao~d CF; 427 ~ . A. ~ Purpose ~ It is the, intent of: the City of Longwood to enhance property ~ - development for /arid abutting US Highway17/92, .Dog Track Road, SR 434 and CR 427. The specific objectives are enhancement of the visual appearance., of.development; enhancement of landscape and streetscape; reduction of visual distraction through uniform .design for buildings and :signs; provision: of design. standards to achieve a traditional urb<~n character over time;. protection of adjacent residential land uses; and protection of property values. ~ B. ~ Applicability. ~ . . The standards of Section 3.2.3 apply to all: new development and redevelopment on lots and. parcels that have frontage on lJS ~ Highway17/92; .Dog..Track ~6~oad, SR 434 or CR 427 within the City ~ of Longwood. (referred to as the corridor). Where two or more contiguous lots have existing :development and only one lot has frontage on- the. corridor, the entire -development site shall be _ .subject to the .special standards of .this Section.. Where lots are under the same ownership and~are contiguous to one or more lots with frontage on ~ .the coirridor, such... contiguous lots shall. be considered as one develoF?ment site and shall be subject to these standards. . C. ~ : Dimensional Standards . 1. ~ All` new development and redevelopment, regulated in this . - ,Section. shall meet the following design standards instead of ~the~ standards in ~SE;ction 3.2.1. The development design ~ standards for the I~and ~ use .district. in which a proposed. . project is located shall, apply excepf as modified by this . Section for .projects. within the corridor. Where a conflict arises between thE! land use district standards and the standards of this ~~ection, the standards of this Section . shall.appty. Standards licabte to Des~nated Corridors Within the Downtown District , .,AbutQing;:: Abu •n... . Minimum Maximum Residential' ~ Nonresidential:: ' . . 35' . NA NA NA: ~ 35' . 25' Ovec 35' up to 6d' NA ~ ~ NA ~ ` NA ~ 45' - . 35" Ordinan, . ce No. 02-1:199 ~ . IIl-9 ~4prif 2002 ~ - ~ ARTICLE 111 DEVELOPMENT DESIGN STANDARDS StandardssAp licable to Designated. Corridors Outside the Downtown District* ~ ~ ~ 1 1 .Abutting. Abutting Abuthna A utbn in: Max. wide 'al Non= 12esid n i NOry , . ~ residential residential: 'v v 35' NA NA . 10' per story ~ NA 35` 25'' Over 35' ~ NA NA ~ 10' per story ~ NA : 45' 35' up bo.60' *Up to one row of-parking and/or a.planting strip may be allowed between the building and the right-of-way. Gas pumps and drive-up windows shall be located in side or rear yards. only, and shall not 'be permitted in the front of the principle building. `i 2'. Building height is the vertical distance measured. from the ~ .grade level fo the highest .point of the roof surface for a flat roof, or to the. deck roofline fora ..mansard roof. In the case of, a gable; hip,: or gambrel -roof; the height is the mean height between. the eaves and ridge; exclusive of accessory roof construction.. such as a chimney, tower, steeple, antenna; or.elevator shaft. _ i oooooaa ~ \J .Height BuIlGing He1gDt Measurementfor 6aDla; HIp or.~emDrel Roofs v: Height ~ ~ m ~ ~ ~ BuIWIngHelgDtMea6UrementiOFeFlatROOfStNCture `~i ' _ . ~ u Height BuIMIng Height Measurement for a MahserO Root u ' 3.. The floor area ratio shall not exceed 75%. ~ Ordinance. No. 02-7599 III-10 ~ Apri12002 =J . ARTICLE I/l ~ , L?EVELOPMEWT DESIGN STANDARDS 1. ~ The following are preferred linish:rnaterialsfnr buildings:.. ~ a. .:.Concrete mastmry with stucco. ~ ~ b. Wood; painted, :natural, or stained. . - c.Brick. d. °Hardie-plank" or sirr»ilar siding. ~ e. Decorative block. f. Stone... . . g. Vinyl. siding: 2. Colors shall be soft, muted colors, chosen from the preferred color palette. The adopted. color palette for the, City of _ Longwood is on file in the Administrator's office. The ~ color scheme fore a building will .;be chosen from only one of the available .palettes, and shall not use more than three primary ~ colors. ~ - 3:. For buildings located up to 10° from the front property, the City ~ prefers that such buildings provide shelter to abutting sidewalks by means of. one of tF~e;.follawing:~arcade, colonnade, marquee,. . awning, porch, or 2"d floor balcony, o l Colonnade/Arcade Awnings & Marquees Porches & Second Floor Balconies r-. i Ordinance Mo: 02-1599 ~ Ill-11 ~ IBlprir 2002 ARTICLE 111 . DEVELOPMENT DES/GdV STANDARDS 4. .For buildings located within 10'' from. the front property line, the ~ City prefers that .ground floor storefronts shall have transparerrt storefront.windows that cover a minimum of 50% of the wall area. For buildings of 50' feet or more in frontage, doors or entrances shall be provided at intervals of 50 feet. Doors 5a 0.G mex for buildings 50 feetor more in fi'ontage ' • v: i i ~i ~ ~ ~ i i . Grountl floor storefPonts shall have transparentshxefront wiridows that cover a minimumoi 50% of the wa~,an3a ~ ~ J V .-V • 1 Ordinance.No.02-1595 ~ Ill-12. ~ April'2002 ' r. ~ ARTICLE 11d - 1)EVELOI~IVIE~NT DESIGII! STANDARDS 5. Roofs: should - be peaked or pitched, such as gable, hip, or barrel.vaulted.: Flat roofs ray: be allowed with articulation. An ~ ~ .applied mansard.shall also,be allowed. ~'1 Parapet W all Hides Rooftop Equipment ? CI ? ~ O U O - ~ t n tl' ~1 Hip~Roof~ Gablo End Roof T~ \ ~ , ` ~ / . i r., i ~~.a,, Ordinance No. 02-799 III-1.3 ~ ~ ../1pri12002 ' - ARTICLE l/l v DEVELOPMENT DE3/GW STANDARDS . 6. Pedestrian areas, such as crosswalks, courtyards, drop-offs,. or entry areas, should be'.:identified' •or marked through ttie use of stone, brick,: pavers;~or stamped concrete. . I ,v, ® Crosswalks ~.i Entry Areas y-TREE? Courq~arCs 1 _ ~ / ' 'U u ~.v `~.i •v ,v: ~J Ordinance No: 02-1599: III-14 Apri12002• • ARTICLE 11l . ~ ~ ~ ~ LIEVEL.OPMEAIT DES/G1V STANDAR®S . 7. Buildings with.a footprint of 20,000 square feet or more may be.. allowed, provided. that such buildings .either have windows and ~ doors facing the strs:et, or have smaller buildings with doors ~ .and windows facing the street to `lnrrap around" the larger building... f r-, ~ - ' ooooooa o 'Big Box' Store Behind Storefront Facades ~ - - _ ~ ~ _ _ 'Big Box' Store with Doors and Windows Facing the Street i"1 n ~ ~ Ordinance No. ®2-1:599 III-15 April 2A02 j - ARTICLE 111 DEVELOPMENT DESIGN- STANDARDS ,v 8. The.. following;:. features and' materials shall not be used on building facades: ~ - . _ a. Large, blank, unarticulated walls. b. Corrugated,metal sing. .v c. Plastic siding and/or plastic laminates other than vinyl siding. d. Uhpainted concrete block or plain concrete walls. e. Reflectve glass or reflective finishes except as trim or accent: f. Plywood. . ~ g. .Corrugated' fiberglass. h. Square box-like buildings .without articulation of v windows or doors. i. Brightly colored glazed tle . llasrd~,, BY~tlt ltrmtWbEOtl YhW - Re16oIM Bao a Pinklm ~ ' 6ytro BmH~ke B~Bdnp MlNOUtMfkuYlim dgNNOea Qm . `u OofmpOO N~OI SbnL ' `J Plmtlo SidYKe~YRPMliolni~sda - i Ik~pdnbO Gtnc~A Baekv PdM WtweY Ml4 `v' Ordinance No. 02-1599 ~ III-1$ ~ AprEl 2002 -~J n ARYICLE tlI - • GEl/ELOPMENT ®ES/GN STA1VDAi4®S 9.• Any fences or walls shall be decorative, in a style,. material, - - . color, and finish consistent with the buildings on thesite. Chain ~ - ~linkn. barbed wire; or plain wine mesh shall. not be allowed. ~ .1LLUSTRAI'ION OF DECO'RATIV'E FENCES r-. ~ - .::.Et nick F e n ae ~ - ~ n; :itucca Fence - . StoneColu=mnswvithBoard~Fence . n, 10. Sigo~s-shall meet the following design standards in addition to the sign standards of,Article VL . - :.:a. ~ Signs shall be consistent with the style, color, material, . ~ and finish of.iiie principal :buildings on.the site. Signs shall.. indude~ at least the predominant _ oo(or of the building, with no more than three colors allowed on the .sign face....... - ~ - - b. .Any freestandling or ground-mounted -sign shat( be - - - located perperi;dicularto.the street.: _ Ordinance:No.:02-999 ~ .III-17 - Apri12002 ARTICLE !lI DEVELOPMENT DESIGN STANDARDS c. For multiple tenant buildings or shopping centers, the. freestanding or ground-mounted sign shall indude the . development name and-shall identify only the business name .and/or logo of individual tenants. It is strongly encouraged that individual tenants use fagatde or projecting signs that have a unified design -consistent ~ with the centerof development design. d. Display signs (such as pricing information or sale notices) and window signs shall be limited to 25% of the window area. e. The following permanent signs are prohibited: balloon or inflatable signs; portable signs; signs on permanently parked vehicles; flashing or animated signs; signs that move, rotate, orflutter, streamers orflag signs. f. 'Lighting for signs shall be shielded from aiming toward motorists or neighboringproperties. . 3.3.0 SUBDMSION DESIGN AND LAYOUT 3.3.1. Purpose ~ This Section regulates the subdivision or resubdivision of land. in order to protect and promote the health, safety, and general; welfare of the citizens of Longwood. The.regulations are. intended. to assure the harmonious, orderly, and progressive development 'of .land by providing ~ for.. proper. legal description, identification, `J monumentation, and_recording:of real estate boundaries; the safe, convenient, and .efficient ,circulation of vehicular ,and pedestrian traffic; the:' provision of suitably drained and readily accessible. building sites; the provision of necessary public imProvernents and services; and the conservation and. protection of the `J physical, natural and economic resources of the City. ~ - . 3.3.2 General Requirements: _ ~ A. Any. division of land (plat or replat) .into three (3) or more .lots or .parcels - shall be subject to all requirements of this Section. The procedure described in Section:10.2~.0 shall be followed. ,v B. A~preliminary plat shall be required:.. A preliminary platgraphically depicts the proposed. development or the location of individual. lots. Information required on or. along with the preliminary- plat is described in Section 3.3.4. An approved preliminaryplat is a necessary precegusite for final plate approval. ~ Ordinance: No. 02-1599 111-18 April 2002. _ , v , . ~ ARTICLE 111 _ - . - . 1)EVEL.OPIVIENT DESIGN STAMDAR®S C: A ..plan , of .proposed .public improvements shall..:. be submitted with the ^ preliminary plat. A .development c?rder approving the preliminary plat shall not be approved until the plan of public improvements is found to comply with all requirements of this Code and city standards for construction and installation of public facilities andl improvements. Contents of the public ~ .improvements plan are specified in Section 3.3.4.8. r-, . . D: .A final plaf shall be submitted ~to the Administrator within one (1) year of approval of the preliminary plat and shall be reviewed.for compliance with ~ the .approved preliminary plat. A final:plat shalf not-be~approved until there r. is~a finding that all requiredpublic improvements have been installed or guairanteed, and: that the fnal.: ,plat is in compliance with: the approved . preliminary plat. Information required on the final plat is. specfied and ~ ~ ~ described in Section 3.3.5. ~ ~ ~ . 3.3.3 Exceptfons~.. ~ : , r. r• ~ A. Where: a parcel: of. land. is beincl divided into :two {2) separate lots or ~ parcels, plat approval according tc~ 3.3.2. shall not be required, if one of the following conditions is 'met. r~ ~ 1. - The division ='of land. into two parcels consists ~ solely of the conveyance of land or-granting of easements or rights-of--way to a governmental or public agency. 2: The division is limited . to, lots;..; blocks, parcels, tracts; or other portions thereof,. with .a .m'inimurri~ gross: area, of one (1.) or more acres each. ~ Every parcel created by the proposetl division shall have dedicated access to a~ public.street: 3.. The .division, is a_.repla#~.of two .existing lots and is. solely for the r, ~ ~ purpose of refacing~a-lotor lofiaine:adjustments without an increase in the number of ots~orunits otherwise allowed. r-, ~ _B. ` ...For lot- divisions subject toapproval under ~ahis Section, the following minimum.information~shall be:subrnitted to the City. . 1. A certifed .boundary survey by a registered. land surveyor licensed i ~ to practice in the -State of Florida. ' ~ ~ . r;. ~ 2: Fully executed instruments. pertaining to required deeds, rights-of- way, easements, or~ceserv~itions::: -3. Establishment: of an escrc~w. account.. as~ provided .for in Section + 3.3:4:6. 11, for' all `constrution and maintenance of .improvements ^ required bythe City of Lonc~woodw . ~ . . Ordinance;No. 02-1x99: UI'19 ' April 2002 v ARTICLE I?I . ~ DEVELOPMENT DESIGN STANDARDS v . 4. Current opinion of titre showing proof of ownership of the property from an attorney licensed to practice law in the State of Florida, or an opinion from a title insurance company licensed in the State of Florida:: - 3,3'.4 Requirements for Preliminary Plats ~ A. A preliminary plat shall be submitted, drawn to minimum scale of one inch equals one ~ hundred feet (.1" = 1D0'): The number of copies s~iall be specified by the Administrator: Preliminary plats shall be prepared by a registered land surveyor iri accordance with Chapter 177, Florida Statutes- (F:S.). A registered professional .civil engineer, architect, or landscape architect licensed., to practice .in the State of Florida may assist in the preparation of.the preliminary plat. The. plat. shall contain; but may not be limited to, the following information: ~ ~ v 1. Proposed subdivision "name and any previous or former subdivision name, north arrow, scale, date, section,. township and range, and - the County Property Appraiser's parcel number(s). 2. Name and address of the owner.: Where a corporation or company is the owner of the subject subdivision, the name and address of . the president and secretary of the corporation shall be shown. 3. Name and address of any lien holder:for the property.. 4. Name, business address . and telephone number of those individuals ;responsible for the preparation of the drawings. 5. A general: vicinity. map: 6. Legal description,: boundary survey, tract dimensions, lot and block , designations,' location and .description of existing and proposed permanent reference monuments. - 7.. Existing land use: of the parceC or tract and all adjacent property, based: on the designations in.ae Longwood Comprehensive Plan or other jurisdiction,. as may be applicable. 8: Location of all natural resources;on and-impacting the site. 9. Existing. and proposed major drainage patterns, drainage courses, and easements: ~ ~ 10. The following: additional' information shall be provided for land in v flood=prone areas: w. Ordinance No. 02-1599 111-20 Apr112002 -v L v ARTICLE !1l D~EVEL®PNIENT DESIGN STANDARDS a. Plan of the channel showing the location of existing ~ ~ structures therein, obstructions and other typical areas, along with represent~itive cross-sections of these areas. b. Typical:cross-section of the~existing and proposed channel. c. One hundred (100) year storm jtwenty--four (24) hours duration] hydiographs and/or flood routing calculation and ~ ~ backwater curve ~ profiles of the proposed waterway unless r, the use of a lesser:recurrence intervals approved by all . appropriate .permittirr~ agencies. ~ . d. Engineering evaluation of all potential increase in flood . ~ hazards to lands upstream or downstream and facilities thereon and provisions for eliminating at no public cost, all - adverse effects duE: to this increase ~ on said lands and facilities. r-, . ~ e.. Minimum finished fl~~or~ elevation which shall be set at or ~ ~ above the maximum water 'surface elevation determined ' from a map of floocl-prone areas prepared 6y the Federal - Emergency Management Agency (FEMA) or based on more ~ accurate or better information provided- by a professional engineer licensed in the State of Florida (see the Manual of Standards ~ "for City streets, stormwater systems, and subdivisions, Chapi:er, 7; Section . 3, for finished floor elevation. requirements).. - - - 11. Location, ~ names and- width of existing and proposed streets; accesses to the parcel. higf~iways, easements, building .lines,. alleys, parks,. and other open public spaces and similar facts regarding adjacent property. The width and location. of any: rights-of=way, streets; easements or other public ways or, places shown upon the Future Land lJse,Map within the area to be subdivided and any proposed vacations of su~:h streets, easements, public ways or - ~ places. 12. bevelop""merit specifications of the tract including, but not limited to: a: Area of the tract: . b. Proposed number of lots and dwelling units. c. Amount and location of all land to~ be dedicated or reserved for ali public .and private uses, including rights-of-way, r.., easements, etc.. ~ _ Ordinance No. 02-1599 BII=21 `e4pri12002 n ARTICLE ' DEVELOPMENT DESIGN STANDARDS d. Amount of area devoted to all. existing and proposed land uses, including schools, open space, churches, residential . - ~ and commercial, as well as the location thereof. i .e. All existiR9 and proposed .properly lines with approximate dimensions. 13. The location'of any underground or ovefiead utilities, culverts and drains on the property to be subdivided, and within two hundred . (200) feet of the:proposed plat.boundary. 14. A recent topographic survey of existing conditions based on United _ States Coast and Geodetic Survey, Mean Sea Level (MSL) Datum,. National Oceanographic Survey contoured to an interval of one (1) foot. The~survey shal6~include the ,proposed ,plat area plus adjacent lands within a.minimum of_one hundred (100) feet of the boundaries thereof. #5. A plat or.aerial photograph at the same scale~as the layout plan and v of sufficient detail to indicate all types, sizes and numbers of trees .and groupings of native vegetation proposed to be removed. 1.6. Location of the nearest available public water supply, sewage collection system, and the proposed tie-in .points, and including the _ name and address. of the utility.provider. ~ ~ J 1'7. The boundaries of proposed utility.easements over or underprivate property. Such easements shall -provide satisfactory access to an e~asting .public right-of-way or other public open space for .maintenance 'or other activities by utility companies. Drainage easements shall also be shown. 18. ~ Preliminary drafts of any legal documents necessary to the control of the. ownership and maintenance of such. common areas as designated ,open. space or signs:..Legal documents shall. be provided for all off-life drainage rights-of way and easements. 19. Reviews and submission of letter verifying availability of service by public utility companies and agencies that would be involved or would have an interest . in utility .installations as part of the development of a particular subdivision. L; 20. Demonstration and documentation that all. liens and assessments. ' that encumber the.propertyto-be platted have been satisfied. Ordinance No. 02-1599 ~ III-22 - - Apri12002. ,v} .J ' - ~ ~ ARTICLE 111 ~ ~ L)EVEL.OPMENT DESIGN STAML)ARL)S B. A plan of proposed public improvements shall be submitted with the . preliminary plat. The public improvements,plan shall include, but need not ' ~ be limited to; the following information. 1. A cover sheet including a ~~icinity sketch and benchmark based. on MSL datum. ~ 2: A master drainage plan drawn to a minimum scale of one inch equals one hundred feet (1" ='100') showing the complete drainage i system. For drainage plans that will not fit on one 24" X 36" sheet; a scale of one-inch 4~quals two hundred feet (1 ° = 200°) may be allowed. 3. Soils map, location depth, t!~pe and results of subsurface~borings. 4.. Paving. and. ,drainage plans and profiles showing- existing and proposed. elevations and grades of all public and private paved and ~ ~ open areas, including. size;:location-arid. type of drainage facilities and propcnsed first floor.finishedelevations of all structures. , . 5... ...:Water :distribution and . wa:?tewater collection plans .and proposed ~ :profiles. 6. Construction details showing ~mpliance with the construction standards.: 7: Special profile sheets showing special or unique situations, such as ~intersectians or waterways. 8. Plans showing existing andl proposed improvements to waterways, - - streams; channels °or ditches, bridges, culverts, bulkheads, retaining wralls, and any other similar proposed structure. ' 9. Street. lighting, landscaping. within public rights-of-way, parks, recreational. areas and. paricing areas: 10. , Written specifications meeting, or .exceeding, all applicable design . minimum standards. 11. If constn~ction improvemerbts are not. completed prior to recording r,.. ~ ~ ~ of a final plat, a construction improvement .estimate by the _ developer's engineer or. bids by two. (2j licensed contractors for ~ completion of .all.. required .improvements. both on=site and off-site, shall be required and shall lie the basis upon which any guarantees or sureties shall be executed. i - . Ordinance No: 02-1599 Ill-23 ~ . April 2002 . i ARTICLE 111 . ~ . DEVELOPMENT DESIGN STANDARDS . ~ 12.. If applicable, copies of all permits issued .by agencies exercising jurisdiction over proposed drainage improvements and areas containing natural:resources, ~ ~ ~ 13. Name and seal of the registered professional civil engineer, architect, or landscape architect.licensed to practice in the State of Florida .who was responsible for .the :preparation of the public improvements plans.. . 3.3.5 Requirements for Final Plats A. A final. plat, prepared 6y a registered land surveyor in accordance with Chapter 177, F:S., 'shall be submitted: The number of copies of the final plat.shall be specified by the City. A registered professional civil engineer, . registered architect or landscape architect licensed to practice in the State of Florida may provide assistance in the preparation of final plats. ' B. ~ A final plat shall be drawn to a minimum scale of one inch equals one hundred feet (1" = 1.00'). The document.. shall contain selected information v required on preliminary plats plus sufficient .data . to reproduce on the ground the location, bearing, and length of every curved or straight street line, lot line, boundary line, block line, and Prue north point. Radii, arc ~ J~ distances .and central angles, or radius chords; .and chord bearings, or both, shall be indicated along with. designation of radial fines and the . direction of nonradial lines. ~ C. Every subdivision shall be given a name, approved by the County, by which.it shall. be legally known... ~ ;v: D. All lots shall. be numbered' progcessively or; if in blocks, progressively numbered within each block. Blocks shall be similarly numbered or lettered, except that those in numbered. additions bearing the same name may be numbered ~consecutivelythroughout several additions. E. If the subdivision .to be platted is a replat. of all or part of a previously recorded subdiv'isiori, ties to controlling lines appearing on the earlier plat 'sufficient to permit an overlay to be made shah be shown. In the event of a replat; the. word "replat" shall. be a subtitle following .the name of the . subdivision wherever it appears on the plat. All contiguous properties shall be identified by subdivision title; plat book, and page. 'v v Ordinance. No. 02-1599 III-24 ~ April 2002 -v ~ ~ ARTICLE 111 ~ - - ~ . LIEVELOPMEWT DESIGN STANDARDS 3.3.6 ®esign Standards The layout and design of a subdivision, plat, or replat shall conform to the ~ -standaitls and criteria of .this LDC :arid:ahalF'meet the following additional requirements., A. Blocks and~lots ~ ~ - ^ The lengths, widths and shapes o~F blocks shall be determined with regard to: ~1: ~ Provision of adequate buildling sites suitable to the special need of the type of use contemplated. ^ 2. Lot area and dimension neE:ds of the proposed.use. 3. Needs for convenient access, circulation; control and safety of _ pedestrian and vehicular tr?ffic. 4. Limitations and opportunities: of topography.. 5. The lot area, width; depth;:>hape; and orientation shall be adequate . to' accommodate the propo:~ed use(s). 6: Comer lots for residential uses shall be larger than average for lots. within the subdivision in.onier.to provide for front yard setbacks on . all street`frontages.::Primary access on comer lots shall be through the street with the lower functional classification: _ . _ 7-. Each lot within a ubdivisic?n shall. have frontage on and access to an existing. public street, except as provided in B.2. below. . 8. Double frontage,. triple..frontage, arid. reverse frontage lots shall be r-, avoided. . ~ - 9. Side lot lines shall be substantially at right.angles or radial to street . ~ lines:.: r--< ~ ~ ~ ~ 10: No lot shall be divided by a City or~County boundary line. ~ - 11. _ Newly platted residential dots shall not have direct access to a collector or arterial roadwa~i: ^ 12:. , . Flag. lots may be allowable,. but in no case.shall flag lots account for .more than ten.percent (10°io) of.the~lots.within.a subdivision. ~ ~ 13. The finished..grade of .alll lots at the .slab location shall be a minimum of one (1) foot above the .crown of the adjacent street. Ordinance' Mo: 021:599 I11-25 - Aprii 2002 ,v. ARTICLE 11! DEVELOPMENT DESIGN STANDARDS I ~ ' B. nights-of--Way and Access 1. The arrangement, character, extent; width, grade and.location of all ~ `J rights-of: way, streets, roads, alleys,. or other uses. of the rights=of w way shall conform to the City of Longwood Comprehensive Plan and design and construction standards (Public Works Manual) . ~ established by the Administrator. ~ . ~ 2. Prior to issuance of a building permit, all parcels, lots,, or new .development-shall have access to a dedicated. public road or street, or to a private road or street which shall be developed to City standards for a public: road. v 3. All dead end streets shall provide a cul-de-sac conforming to City design standards.. ~ ~ ~ 4. Street signs: meeting ,City standards showing the names of all intersecting streets shall be~ erected at each intersection by the . developer at his expense.- 5. Sidewalks .and driveway approaches shalt be installed by the builder prior to issuance of a certificate of occupancy. All sidewalks _ and driveway approaches shall be of concrete construction and } conform to the standards of the City of Longwood. 6. Any trees,. plants or shrubs. located within any public right-of--way are the property of the City, regardless of~. the cause for their location therein. ~ 7. - Sidewalks shall confcrm'to City design and construction standards (Public Works Manual) for placement, location,'and design. - 8. The City may .require the creation,. use, and maintenance of v; common,. joint-use driveways or other ingcess/egress facilities to provide access to two :(2) or. more lots, parcels, or developments., 9. No .person.shatl erect,:.or.cause to be erected, any building, shed, v fence, formation. of._ materials, or structure of any kind within any public right-of-way. Sheds that are not on a slab and fences may be allowable within easements, however, the risk of removal in the event-such structures interfere with the easement shall be borne by the property.owner. Mailboxes, conforming, #o U.S. Postal Service requirements shall be allowed in the right-ofaivay. v: Ordinance No. 02-1599 111-26 - April 2002 -J ~l ~J r1 ' ^ ARTICLE 111 ~ ~ . L)EVEL:OPMEAIT L)ES/G1V STANL)ARDS 10. ~ Direct vehicular: access tc? local residential streets shall not be : ~ permitted, :other than from comer lots;. for commercial or industrial r-, development..-..Pedestrian -and bicycle access are encouraged between residential areas and. commercial developments. . ~ G. Easements r-, 1.. ~~-.Easements across lots: ceritered on rear or side lot lines shall be provided for utilities. where necessary, and shall be a minimum of seven and one-half (T/2) fi~et wide on each lot, or as required to ,accommodate the utilities installed. . ' 2. Where a development. is traversed by or adjacent. to a wetland, a drainage way, or stream, there shall be provided a stormwater • ~ easement or drainage right •of--way conforming substantially with the - lines. of-such wetfaeid or waler.course. ~ D. ~ Ut6lities ~1. The following basic utilities shall be provided to each lot within a ' - subdivision .and. ~to~ each use writhin any :development whether ~ subdivided or not. ~ a. A source of electric power. - - b... A telephone service cable: c. Central potable water: Each lot shall have. and maintain. central.water service. meeting Citystandards and provided at - ~the`developer's o~property owner's expense. . d. Central- sanitary sevver. For subdivisions with 21 or more . ~ . ~ .lots, each lot shall have and :maintain central sanitary sewer ^ - service meeting City: standards: and provided at the developer's or props:rty. owner's expense. For subdivisions . with 11.to 20 lots, vvl~ere sewer is available within 1000', lots shall have central sE:ver meeting City standards provided at ^ the developers or oHmer's expense. For subdivisions with 10 ~ or fewer lots where sewer service 'is available within 500', lots shall have cE.ntral. sewer meeting City standards ^ provided~at the developers or owner's. expense. . ^ e. Lighting.. shall ~ be . 'provided for all streets, driveways, _ . sidewalks, bikeways, parking. lots,. and, other common areas, ~ ~ including lighting.. at' entrances to these facilities. The Ordinance. No. 02-1ti99 III-27 ' . April 2002 n' ~ I ART?CLE Ill ~ DEVELOPMENT DESIGN STANDARDS . subdivision developer shall install and be responsible for all ~ costs connected with the installation of street lights. Street - ~ ~ lights, poles, fixed. equipment; and any and all fixtures and - equipment. applicable.to the subdivision development wilt be installed at no cost to the City of Longwood, except as ~ .hereinafter provided. The City of Longwood shall pay only the electric cost and equipment rental (including pole and ..light) costs associated with the operation of those. street lights that are installed in accordance. with City standards within subdivisions. located within the territorial limits of the City of Longwood. -Where other installations are proposed, , all. ongoing costs shall be home by. the developer or a Homeowners Association. ~ - f: Fire hydrants or fire protection shalt be provided as required • by the National Fire Prevention Code.. 2: All utilities required Iby the LDC shall meet or exceed the minimum standards established by the Administrator. . .3. Utility apparatus,. such as pumps, valve. boxes, switching., boxes, back=flow .devices, but not .including telephone or utility poles, placed-above ground shall be fully screened.. 4. The City shall have jurisdiction over the locations of poles, braces, guy wires, meter boxes, valve.boxes, light standards,.fire hydrants, and other such equipment. The City shall have jurisdiction over the locations and elevations of waterr, piping, sanitary sewers, fire v mains, underground cables and conduits and gas mains: The City shall. also have jurisdiction over the top elevations of meter boxes, inlets, catch basins, manholes, valve boxes, etc., to the extent of . requiring . that they- be flush - :with the finished construction ~ surrounding them; jurisdiction over the scope of utility installation. to the extent ~of requiring that all water; sewer, gas, electric and . communication stubs. which cross under the pavement be provided as pact of ~a .subdivision's development.. Where any of the above is located under a paved .area, the minimum cover from. top of future v, pavement to top. of the- underground installation shall be at least thirty.(30) inches.. 5: The City shall. have. jurisdiction over the.sequence of construction to the extent of requiring. that all underground installations of every . kind. that come under. the pavement to~ be currently constructed', or within eight (8)-:feet of its edges,. shall be installed prior to the stabilization of compaction of subgrade and construction of Ordinanc® No, 02-1599 III-28 April 2002 i ~ ARTICLE 111 ~ L)EVEL.OPlVIEIVT`DESlGN STANDAR®S ~ . pavement to the end that 'the subgrade or pavement shall not be cut after it is built. r--,: , r, 6. All electric, telephone, cap~le television, and other communication ' lines (exclusive of transfonners or enclosures containing electrical equipment, including but not .limited to, switches, meters,. or r-, capacitors which may be pad mounted) and gas distribution lines shall be placed. underground`-within easements or: dedicated public r-, rights-of--way. r-. 7. lots abutting existing easements or public. rights-of way where . ovefiead electric,. telephone, or cable Television distribution supply ~ 'lines and.. service.: corinecticros have: previously been installed with . :City approval, .may_continuE: to..be supplied with sucFi services using _ the ovefiead. facilities, :provided. the service..connection to the site ,-.or.lot is placed.underground. ~ ~ - ~ _ r, 8. - ~.AII necessary drainage .facilities, .whether~ underground pipe or - drainage ditches, =shall be .installed. to City standards and . spec cations, and .shall be.. subject ~ to inspection by the ~ . Adminis_ trator, so as to prcwide positive disposal of surface water and~to maintain any natur~~F water courses::- All: lots shall drain to _ - either the street:orto a~draiinage easement. . " E. Erfltirances Areas for subdivision ,entrance:, may be allowed in all subdivision _ developments..whether residential, commercial or business, or industrial. In the: event such-;.entrance: areas •are approved; theCity may require dediication. of the entrance area-to the City with such conditions as'may be neG:ssary for maintenance ..and upkeep.. When entrance areas are dedicated, an assessment district shall be established in order~to ensure . . per~,etual maintenance, ..Clear vi:~ibility shall be :provided as required in Section 3.8.0 of this. Code. . F. M®numents ~ ~ - - Monuments shall be placed at all block comers,. angle points, points of curvature in streets, and. at intermediate points as shall ~e required by the Adrriinistrator. The monuments shall be of such material, size-and' length _ to comply with-the.generalized standards of licensed surveyors. - G.::: Lirriitatiens as.t®. City. MairDtenanice Nothing in .these regulationsshall be:construed to. mean that the City shall take over the maintenance of any .road, street, alley, parking or other area, lighting,. subdivision entrance or drainage facility related there, except by sperific City Commission action.• r Ordinance No. 02-1599 ~ ~ ~ ~ ~ :.111=29 ~ ~ ~ Apri12002 . ARTICLE Ill ~ - ~ DEVELOPMENT DESIGN STANDARDS _ . :,J 3.4.0 (RESERVED) - 3.5.0 BUFFER AND LANDSCAPE REQUIREMENTS ~ 3.5.1 Generally A. The intent` of these requirements shall be to enhance the visual and v aesthetic appearance of the ,City; provide space defnition and. landscape v continuity within 'the built environment;provide appropriate buffers and relief from traffic, noise; heat, glare and the spread of dust and debris; reduce the. impact of development on the community's storm drainage ~ system and reduce flooding; ,provide. for a more peasant and relaxing urban environment; and increase properly values. Furthermore, the intent shall be to create an'effective'bufferbetween residential districts and other . land- use districts or to screen certain uses in order~to minimize potential ~ nuisances such- as noise,. dust, odor, and light glare; to seduce the visual 'impact of unsigh~y aspects of adjacent development; to provide for the separation of spaces; and to establisfi a sense of privacy. The design and installation of required buffers and landscaping shall be consistent with the following standards. ~ B: ~ The requirements .and `standards of this Section shall apply to all new development and redevelopment, including expansions of commercial, office;. industrial, or-other non-residential developments; as wel[ as all multi-family iesidential .development: C: Single family detached and two family dwelling units are exempt from the provisions of this Section. ~ . . 3.5.2 Buffers Required A: Buffer Standards . 1. ~ Buffers shall be located on the outer perimeter of a lot. or parcel, extending to the lot or parcel boundary line; or .between differing land uses on a single parcel; but may hot.occupy any portion of an .existing; dedicated, or reserved public or private street, or right-of- way. Ordinance No. 02-1599 III-30 Apri12002 -J r-., ARTICLE 111 ~ ~ ~ ~ DEVEd:OPMENT DESIGN STANDAR®S 2. Buffer width is normally mi;asured from the property line; however, design.variations are allowed. Average width shall be measured~at the two (2) end points of-the buffer and. two (2) additional points which are each approximately one-third .(1/3) of the total, linear distance from the end point. The average width of the buffer shall ~ be that shown. in the Table of Buffer Design Standards. . 3. The buffer shall be designed tc eliminat® or minimize plantings within drainage, utility; or other easements. ~ 4. Buffers shall be designed taking into .consideration the site's soils conditions, topography, and natural resources. Native vegetation shall be used for landscaping. and buffering unless the applicant . demonstrates that the- usE; of ~ non-native, drought-resistant plants would :best serve the site. 5: Laridscaping.within buffer areas shall conform to~tfie plant material standards shown. in Section 3.5:x. B. Table . of Required Buffers (ciraphic depictions of each buffer are provided following the table): _ Exisffina Use~(ty~e of.use): . a w'' n Multi Family Residerrtial ~ B A A A 1Vone Public or.lnstitutianal B A A ~4.:..;. ..B~ ~.fYone 1Vonei, - Intense:Commen;iel (Corridor oriented) . D C c ~ . A A C None . r Parks; Recreation, or None None . N®ne - Nono None None Plone. Open Space ~ Ordinance No. 02-159 119-31 April 2002 n, -ARTICLE 111, - : ~ ~ ~ DEVELOPMENT DESIGN STANDARDS - _ . v: BUFFER A REQUIRED PLANT `J UNITS PER 100' ~ ' u ~u ~ : _ ~ WIDTH. 2.4 TREES. 20 SHRUBS 's' - o ` • . REOUfRES CONTINUOUS. HEDGE 5' 'O.C: MAX.. SPACING: MIN. INSTALLED HEIGHT .OF 36° _ `~.i 2 TREES 8 SHRUBS 1D' ~ o _ U - 1.6 TREES 6:4 .SHRUBS 15' ® ® ~ ~ 1.2 TREES ~ , . 4.8 SHRUBS' zD'. ® o ' 0.8 TREES ® 3.2 SHRUBS 25 - . ' ~J Ordinance No. 02-1599 ~ III-32 Aprif2002 U ARTICLE !1! . UEVELORMEAIT~DESfG1V STANDARDS ^ BUFFER B • ^ • REQUIRED PANT n UNITS. PE:R 100' ' n ~ 'WIDTH . 4:8 TREES 20 SHRUBS ~ io ® E~~... ®®t~ ~ REQUIRES CONTINUOUS• HEDGE ® 5' O.C. MAX. SPACING: MIN. INSTALLED HEIGHT OF 36" ~ 4.8 TREES ~ . ® ® , 15' ~ ~ ~ ~ 19? SHRUBS , , • 4 TREES ~ .ZO ® 16 SHRUBS ~ r. p®.~~r m . 3.2 TREES ~ 12.8. SHRUBS" 25' ~ . 2.4 TREES . 9.6 SHRUBS 3Q' - ® ~ ®p ® A r. . - • Ordinance Ago. 02-1:599 191-33 Aprit 2002 ARTICLE l/l DEVELOPMENT DESIGN STANDARDS .i . BUFFER C REOGIRED PLANT ~ UNITS PER 1'00' u WIDTH 7.2 TREES 28.8 SHRUBS ` 'o' '•.J REQUIRES CONTINUOUS HEDGE ®5~ O.C. MAX. SPACING: MIN. INSTALLED HEIGHT OF 36" WITH AVERAGE FiEiGHT OF 48" 6 TREES- . ~ 24 SHRUBS zo' 12 CONIFERS ® 4;8 TREES 19.2 SHRUBS 30' 9.6 CONIFERS `v • . e 3.6 TREES ~ , 14.4 SHRUBS 7.2 CONIFERS 40' _ ,v Ordinance No. 02-1599 111-34 ~ Ap~if 2002. ^ ARTICLE 111 ~ ~ ~ - D~EVELOPJVIENT DESIGN STANDARDS ~ - BUFFER D ~ REQUIRED PLANT ' UNITS _:PER 1'00` . WIDTH . I 6 l'REES 24 SHRUBS 2a' 12 CONIFERS • REQUIRES CONTINUOUS HEDGE C~ .5~ O.C. MAX.,SPACING: MIN..INSTALLED, HEIGHT OF 36" ~ WITH AVERAGE HEIGHT OF 48" 4.8 TREES ~ 19.?, SHRUBS 30' r. 9.5 CONIFERS ~ r. - - . ' ' 3.6 TREES'` , 14'.<~ SHRUBS `7.2 CONIFERS 40' ~ . o®®,a ~~0®~ ~ ' . . ~ ~ 5 :TREES 24 SHRUBS.. 12 CONIFERS . so' , „ l r~ Ordinance too. 02-11599 10135 " Apri9 2002 n r',, ,v . ARTICLE,III ~ DEVELOPMENT DESIGN STANDARDS ~v 3.5:3 General Landscaping Requirements A. It is the intent . of the City of Longwood to maintain and improve the v appearance of the City, to protect and improve. property values, and to establish an integrated system of landscaping for all..multi-family ,J residential and all non-residential development sites. 1. In no case shall any development or redevelopment site within the City of Longwood contain fewer than 10 trees per acre located throughout the site. These existing or newly Planted trees may be located within the requirnd buffer, the perimeter of the site, or .interior landscaped areas. 2. An irrigation system, capable of ensuring .the establishment and continued growth of the plant materials specified. in the landscape plan, shall be constructed within any required landscape areas. B. Front Perimeter Landscape Areas: A minimum of a ten (1A) foot wide strip of land, .located between the front property line and the vehicular use area (private parking lot) shall be landscaped on all new construction, except in permitted access: ways. Width of sidewalks shat( not be included v within the ten 0) foot wide- front setback perimeter landscape area. The required perimeter landscape area may be part of and' included in any required buffer for the site... Within the corridor where special design standards apply (Section 3.2.3), parking may be located in side or rear v yards and buildings may have a zero (0) front yard setback. In these situations, a front perimeter. landscape area shall not be required. However, where the buildings are proposed to be setback from the property line,. landscaping shall be provided between the building and .the ~ front property line. 1. Tree;. Count: Thee total tree count requirement within the front setback perimeter landscape area shall be determined by using a .ratio of one (1) tree for each. thirty-five. (35) linear feet of lot frontage or major portion thereof with fifty (50) percent. of the trees being shade .trees. Canopy trees- shall not be installed directly under ..power lines. Spacing. guidelines from the University of Florida of Extension Services should be followed. The tree count is based on ' installing "small° or "medium" trees (based on Extension Services guidelines). There "lar~ge° trees are. used, one large tree may be L.~ used instead of two required trees.. OMinance No. 02-1599 ~ ~ 111,36 ~ ~ April 2002 r-~ ~ ' ARYICLE I!l ' _ . ~ C?EVEL®PA9ENT DES?GN STANDARDS . 2.. Ground Gover: Grass ~or other ground cover shall be placed on all ~ ~ areas within .the front;.and other landscape areas riot occupied by landscape material. - . 3:' . In addition: to ae~frontperimeter landscaping requirements, front. ~yards°within the Downtown district shall"be planted with a minimum 50% coverage .of omam~~ntal . ~ plant ~ materials. This percent coverage shall not-include grassed:a~eas; sidewalks, parking lots, or other impervious surfaces. Plant materials- may include small . ' . ~ trees, shrubs, and groundcoVers, and :areas .for seasonal color or ^ bedding plants....... . .C. D'arking Lot Landscaping; - _ Parking lots for atl new development and` all redevelopment that is a ~ change of use or. an expansicin of ~ an existing use shall. provide ' landscaping for the parking lot. Tire landscaping fora parking lot is based. on a performance standard as follc?ws. ~ ~ 9 . At least-.- twenty (20) pera~nt of the vehicular `use area shall be shaded. The required ° front perimeter; buffer,; and interior _ ~ ~ _ . .landscape areas shall be planted ,with trees sufficient, at their maturity, to shade twenty (20) percent of the total. vehicular use area. _ . ' ~ 2. Landscap® plans shall be prepared by a landscape architect, or ^ ~ professional .engineer. registered in 'the State'' of Florida. A landscape plan shall be sut?mitted with the development application . and shall.provide sufficient information to demonstrate that required shading will be provided. 3. Paved areas under structures (such as second stories of buildings, . canopies, etc.) may be de?iucted~ from thetotal 'paved area to be shaded. ~ ~ 4. When shade trees are planted on the perimeter of a parking area, they must°be planted no closer=than five'(5)~feet and no fartherthan nine (9) feet from the edge of the pavement, and must provide shade to either the parking area, the primary structure or an ~ ;adjacent pedestrian area. if an existing tree is used to fulfill shading requirements, it should be in the vehicular use area, or within nine ~ (9) feet.of the vehicular use area. ~ - 5: Ten percent (10%) of the total parking lot area shall consist of intemal landscape islands. There shall be one (1) tree required per three hundred (300) squiire feet of intemal landscape.. areas: _ _ Ordinance. No. 02-1;199 111-37 April 2002 ARTICLE Ill ~ ~ DEVELOPMENT DESIGN STANDARDS ~v: Landscape island minimum width dimensions shall. conform to the minimum planting area -and ~ planting strip width requirements described in Section 3.5.4.C.- 6.. Preservation. of e~asting trees :or tree groupings is encouraged- to .meet the .requirement for shading of parking lots. . 7. Vehicle stops or ctubing shall be.used. to ensure that vehicles do not overhang required landscaped areas. . v: 8. Parking -areas shall` be designed so. that no more than-.ten (10) spaces occur in an unbroken row. 9. Portions of a .development.. area left in the natural state shall 6e .credited toward the' parking lot landscaping requirement, and the 'shading requirement; :,up: to a maximum of 10%. of the required landscaped area. .v: . D. Maintenance required. All landscaped areas shalt be continually maintained. in a :healthy, vigorous growing.. condition, free from disease or pests. Required- plants that are diseased or dead shall. be replaced with plants of similar species in a substantiaNy ;similar size to the lost plant. Adequate imgation shall. be required.:. 3.5.4 Plant Material Standards w. - A; Unless otherwise provided. herein,: only .Florida No. 1 or better plant material as described in -GRADES AND STANDARDS FOR NURSERY PLANTS,: PART II, Florida: Department of Agriculture, shall be credited on the landscape development requirements of this article. B. A :minimum.. height of twelve (12) feet, and three (3) inches (caliper) v. measured as the diameter of one (1) foot above grade at the time of ~ planting shall be required for canopytrees. Other trees shall have a minimum ,height of ten (10) feet. at the time of planting. C.. The planting: area for. each tree: shall be as follows.... - 1. A minimum of two hundred'(200). square feet around the trunk of canopy trees,-with a minimum.planting strip width often (1Oj feet. 2. A minimum of one hundred .(100) .square-feet..around the trunk of ~ understory or other small trees, with a minimum planting strip width of five (5) feet. . , Ordlnanc® No. 02-1599 ~ 111-38 ~ ~.Apri12002 v ~ARTlCLE /ll - ~ ~ ~ ~ ~ ~ L1E1/EL.OPMEAITDESlGN STANDARDS ' ~ - 3.: The. planting: area for: ea~,htree `shall be. maintained in either : vegetativ~_. landscape . material or .pervious, surface covet. Trees r-,, and shrubs may be .grouped or Gustered to provide desired landscape design. Tree groups.shall be allowed to have a reduced ~ - .minimum planting. area as long.;as the .minimum planting strip width ~ ~ is maintained,.. ~ No large trE:es shall be planted closer than five (5) feet from the edge of paven:ient or curb line. The minimum planting - strip width excludes curds, ~ curb .and gutter,. -or: similar edge treatments. . D. Shn~bs; ground cover, lawn, grasses; turf grass, and architectural planters . shall be subject to the following: . r: 1. Lawn grass shall be perennial species capable of thriving in Seminole County. ~ ~ 2. Grass and ground cover shall be perennial species capable of thriving in Seminole County. 3.... Grass shall. be sodded according to City standards... 4. Ground.cover shall be.pref~,rred over:.grass.. Grass :may be used in ~ areas proposed for recreation use o.r to provide erosion control on . slopes or in swales. ~ . 5. Shrubs shall have a planting area of not.. less than fen (10) square feet with a minimum planting .strip width of:.five. (5) feet. Planters may be used, provided- that the planting , area is provided as _ required, and the planter :has a depth of not less than eighteen (18) inches: ~ . ~ . 6. Spacing of shrubs and.ground cover.-.shall be typical of the selected species in order to obtain 80% surface coverage by the end of a two-year growing period from the time of installation. ~ . E. To the extent that is feasible, .thE~ performance of development activities and. revegetation of .altered sites shall be consistent with the following standards. 1. Development shall.. not._irnrolve .the .unnecessary removal of any ^ - native vegetation. Where ~ removal of ~ native trees is necessary, ~ . ~ . efforts should be.made to r~:plant native.trees. - Ordinance No: 02=1599 lill~9 ~ ApH12802 . n v _ .....ARTICLE III ~ " ~ DEVELOPMENT DESIGN STANDARDS 2. Site alteration shall occur in planned stages ~or increments and not ~,J exceed the minimum area necessary to prepare the site for the succeeding phase of development: - ~ 3:.. Adequate erosion control ~ measures shall be put into effect prior to .v. commencing site atteraton~on each.increment. F.. Water conservation praccti~ces are recommended. and should be used in ~ landscaping, including the use of native vegetation, xeriscape design, and the use of recycled irrigation water. Where recycled irrigation. water is available; the.use.of the recycled water shall be mandatory. 3.5.5 Tree. Protection Standards ~ v: A. Applicability Trees protected underthis Section are those with a trunk diameter of three (3). inches DBH or more,. ~ ~ v. B. Tree Removal Permit A permit shall be required for the removal, replacement, or alteration of trees not otherwise exempted from the provisions ofi thin. Section. Alteration includes damaging,.: topping, .root pruning, cutting, hatracking, poisoning, or grade change that can be expected to adversely affect the ' ~ health of protected trees and vegetation: Ordinary maintenance such as seasonal. pruning or crastomarycare .shall not require a. permit. C. Tree .permit requirements 1. All tree removal .permit applications shall be filed with the Administrator, whether. or not a site plan° or other development approval is required. Review and approval shall be according to the procedures. in Section 1D.1.4. ~ 2. The following information depicted on a' tree survey shalt 6e submitted with the application a. ~ Location and ident~cation of all trees. (using. either common or botanical name),. designating trees to be retained, altered, removed, ,relocated, or replaced. Groups of trees in close proximity may be designated, as "clumps° or °dense tree cover" with the estimated number and type(s) of trees noted. Only those treesaa be removed, relocated, or replaced must be named on the tree survey or site plan. The tree survey may show only that portion of the site directly involved or affected by the tree removal. Ordinance No: 02-1599 III-4Q Apri12002 ~ `.i ARTICLE 110 ~ ~ DEVELOPMENT DES?GN STANDARDS b. Location ~ of all ~ existing .and proposed structures, . ~ improvements, or usE;s of the site. . r. ~ , . c. Proposed changes;' if any;. in- site elevations, grades and mator contours. d ~ Location~of existing or proposed utilities'. ~ ' e. Location of irrigation system; or drawing notes to indicate method of maintenance. _ . . 3. If~any approvals:have~ previously been provided for the site, such as a..site:.plan~ development order, variance, or.plat, evidence of such ~ approval shall be provided..' ~ 4. 'fhe applicarit shall flag~all trees to remain on a~site ir?:a manner ~ sufficientto'allow field verifi~;ation of the tree survey. _ D. arrit~:ria for approval of tree pern~its ~ . . ~ ~ 1; Approval for tree removal shallonly be granted on a developed lot .or a lot with an applicatiori for development approval'. where such tree or trees unreasonably restricts the othenniise alTowable use of ~ the properfy.. 2: The tree. 'is :.diseased,:. injured, endangers.. existing structures, interferes with the.. safe pr~wision `of utility_seivices or creates a ~ hazard. to visibility for motorists. ~ r,, 3. ~ Replacement or`~elocation~of trees°approved for removal shall be - required: ,Where: replacement trees. are allowed; the. total of the - inches in diameter of:`the replacement trees shall..be equal to or ~ greater than the. total~'of flee inches in: diameter.of .the removed trees.. . 4. In ~corisidering the ` applic~~tion for tree .permit ;and a plan for ~ relocation or .replacement of removed trees; the Administrator may allow-a 10% reduction in. th.e otherwise required replacement trees (calculated in. inches. of diameter), based on the following criteria. r.-, a. Number, species ~:an~i size of other trees and: vegetation on r. site. ~ b. Impact. on stormwater runoff quantity and quality: Ordinance No. 02-1599 ~ III-41 ~ipri12002 .v. ARTICLE l11 DEVELOPMENT DESIGN STANDARDS , c. Character of the.site.and its environs. d. Characteristics and amount of shrubs, grass, trees, or other vegetation ;proposed forthe site. - E. Approved trees The- following trees.'are approved ~ for. installation as replacement .trees, installation in required landscaped areas, and installation in required. ..buffers. - roved Tree S ecles List - - Common Name ~ ~ Botanical Name American Holl ~ Ilex o ace: Bald C ress Taxodium distichum Bradford Pear ~P rus calle ana `Bradford' Camellia ~ Camellia a onfca Chickasaw Plum Prunus an ustifolia - Chinese Elm U/mus. arvifolia ~ ` Devilwood Osmanthus americanus - ~ Drake Elm ~ lJlmus ~ arvifolia sem rvirens `Drake' • ~ East Palatka Holy. ~ llez ~aflenuata `East Palatka' - ~ Florida Basswood ~ rlia floridana Frin a Tree Chionanthus vi "inicus ~ J. Jecusatem Thom Parkinsonla aculeate Laurel Oak Quen;us hemis haerica orlaurifolia Lemon Bottlebrush Callistemon citrinus Live Oak Quercus vi iniana Lobloll. Ba wet areas.onl Gordonia lasianthus L uat Eriobof a: a onica Nellie R. Stevens Holl: ilex x `Nehie R, Stevens' Oriental"Sweet um Li uidambar orientalis Palms 3 count; as 1 tree all u~ ri ht s ecies Pink Truro et Tree Tabebuia ~hetero h la Podoca us Podaca us macro h lus Red `Ba Persea borbonia Redbud Cercis Canadensis Red Ma le _ - A'cer rubrum ~ Savannah Holl` ~ Ilex affenuata a uafoliaceae . Schumard Oak Red Oak Quen:us shumarrlii Southern Ma nolia Ma riolia randiflora Southern Red Cedar Juni eras silicicola . Southern Wax M e `M rice cerifera Ordinance No. 021599 III-42 April 2002 • - ~ ARTICLE !!A ` ~ 1)EVELOPINIENT DESAGN STANDARDS ^ Swamp-Bay:(wet areas only) Persea alustris Sweet. Ba Ma nolia vir iniarra Sweet Gum ~ Li uid'ambar s raciflua _ ~ Sycamore (large spaces. Platanus occidenfalis r uirEd ~ `Tuli Po `lar .:.Liriodendron tuli ifera Walter Viburnum : • ~ Vibunium obovatum Water Oak : ~ Querc~us ni ra _ • Wax Privet Li ustrum 'a onicum' ^ Wee in Bottlebrush Callistemon viminalis Wee in You on Holl ' Vomitoria `Pendula' Win ed Elm • ~ Ulma:; alata F_ . Credit fogretained trees Trees retained on site and protected Pairsuant to this Section shall count • toward any required trees for buffers, harking lot perimeter landscaping, par0<ing internal landscaping, or oi:her requirements. G. E~cemptions ~ 1. Emergency removab .due to storm damage : or other threats from damaged trees. as we0 as removal by the City:from the right-of--way _ shall not require a permit. 2. Single-family dwellings sire exempt from the tree protection requirements of this Secticm and are not required to obtain a tree . removaL:permit~providing tF~e dwelling is owner occupied. ^ H. Prohibited.plar~ts •The following plant species may t?e removed without a tree removal permit and are, therefore, exempt from the .tree protection. requirements of this Sec>~tion. These trees are also prohibited and shall not be installed in any lanr~scaped area or buffer area. Prohibited Piani S ecies List Common Name Botanical Name Acacia ,4cacia s Air Potato Vine ~~ioscarea bulbifera ~ American Mulbe /Red Mulbe IVlorus rubs ^ Australian Pine Casuarina a uisetifolia _ ~ ~ Brazilian Pe er Tree Schinus terebinthifolius Ca'e gut or Punk Tree rblelaleuca leucdendra • Cam hor r~innamomum cam Nora Castor Bean i4icinus communis r. Chinaber iUelia azedarach Chinese Tallow ,Sapium•sebiferum . _ - _ . Ordinance No. 02.1599 111~4a ~ Apri1~2002 ARTICLE 111 DE1/ELOPMENT DESIGW STANDAf?DS EarTree En#erobbium c clo um Eucal tus Euca! tus s ~ H drills H _drilla verticillata Jacaranda Jacaranda acutifolia v I<udz one Paeraria.lobate ~ ~ Mimosa ~ Albizia 'ulibrissin ~ ~ Monke Puzzle Auraucaria imbricata Pa er Mulbe 8roussonetia a rifera~ Rice Pa er Plant ~ Tetra anex_ a rus Rosewood ~ ~ Dalber is sissoo Silk Oak Grevillea robusfa Taro Colocasia esculents Water H aanth Eichhom_ is s ~ I: Maintenance ~ 1, Crown trimming shall be limited to removal- of less than one-fourth (1/4) of the tree crown. Hatracking is prohibited. 2: ~ Tcees and other vegetation shall.be maintained to ensure that such - ~ trees and vegetation continue to be viable and thriving. J. Protection. during construction activities - - 1. Each retained or installed tree shall be protected during all pre- construction and construction activities: The area to be rotected P shall extend to the drip line of the tree, but shalt be no less than. a soc (6) foot radius from the trunk of the tree, V1lhere trees are located in~clusters or groups,. the outermost drip line shall be the =area of protection. The location of free .protection areas shall be - ~ depieted on the required landscape .plan. v - `i v ' ~.i Ordinance No. 02-1599 !11-44 ~ Apri1:2002 ~ ~1 ~ " n • . ~ ARTICLE III ~ ~ • . ' L?EVELOPMENT DESIGW STANDARDS ~ • ^ " .°e. . ~ ~ ~ . °'P° ~ . V L.,~..• Install artificial barrier - prlo~tobeginning construction activity . . i--~ ~ ' - • ° ~ New im pervious surfaces ~ q 1'"~' ~e°° shall only b,e..allowed mi ~ v• within the outer 10•% ~I" of the existing tree drip • of . " • ~Iin a radius ~ underground Utilities shall ^ be allowed only within the• ' outer 1096 of the existing , ^ tree drip line radius 2. All development ,activities, "including construction; grading, paving, compaction, trenching, installation of~ stormwater retention" ponds, or the like shall be prohibited. Any existing brush and weeds to be removed inside the tree F?rotection 'barrier::shall be removed with hand" tools only. " : • " . - . 3. Wooden barriers shall be: erected around all protected trees or other vegetation during the period of construction activity. • 4. Bamers shall be constlUCted of upright posts and railings • constructed-of dumber at 113ast two (2} inches by four (4} inches in ..cross=section. marked" by• ribbon, .flags; or other easily visible ~ connectirig • material, and ;hall extend to or beyond the drip .line of all protected trees on "the: property. Reference "Tree "Protection Manual "for Builders and Cievelopers" from ttie Florida C)epartment • - of Agricultural and Consumer .Services,. C)ivision of Forestry, for i . r~ Ordinance No. 02-1599 111=4;i April 2002` i~ - ARTICLE 111 ,J - DEVELOPMENT DESIGN- STANDARDS additional guidance on methods of .tree protection during ~J construction. 5. No excess .soil or additional fill, building materials, or debris shall be placed within protective bamers. 6. , No tractois or heavy machinery shall be allowed to work,. park,. or locate within. barrier areas. - 7. No .attachments or wires, other' than protective guy wires, shall be attached to any trees or shrubs within protective barriers. 8. Installation of artficial bamers such as protective barricades, fences, posts, or walls shall. not destroy or irreversibly harm the root ~ systems of protected trees. Footers for walls shall end at the point where larger roots are encountered, and the roots. shall be bridged. Post holes and trenches located close to protected trees .shall' be adjusted to avoid damage to major roots. 9. Construction activity, including underground utilities and new impervious surfaces, shall be allowed only with the ~ outer ten percent (1'0%) of an existing tree drip. line radius. In no case shall. construction.. activity occur closer than. ten. (10) feet from the center of the trunk of existing trees to be preserved. v: 3.6.0 OFF-STREET PARKING AND LOADING - A. - Applicability ~ All new development. and redevelopment shall .provide ofF-street parking. and loading. as required by this Section; unless such standards. are modified.. according to Section 3:6.4: _ ~ `v B. Generally . 1.. Minimum regwired parking spaces to be located in off-street parking lots shall be determined according 'to the table of parking space requirements in Section 3:6.1. ..Where calculations of required parking result in a fraction,. it shall be rounded. up to the nearest whole number. - _ - - Ordinance No: 02-1599 .III-46 April 2002. n ~ - _ ARTICLE 1/l L1E1/EL.OPMEAIT ®iESlGN STAM®ARDS - 2.,:, -Minimum required. parking spaces for uses-not specifically listed - shall:be determined by the most similar.use.listed, considering trip ' generation and intensity characteristics-:as well as similarity in type of activity. _ - ^ 3.6.1 Parkking Space Requirernents : - A. Table Hof. Parking Space. Reciuireiments for Residential Uses - n- - 'T a of residential use ~ `Number of S aces - Sin le-famif' homes and du lexes ~4 er unit* - . ~ - - Multi-family (apartment, ~ 1 bedroom or efficiency -1:5 per unit ^ condominiums, townhomes, and 2 bedroom.-1:75 per unit other~~multi-family structures) 3`bedioom = 2 per unit-- - . . - . - - _ _ *AIl parking for: single-family- and duple; shalt be accommodated off-street in a garage, carport, or driveway and shall nat,be located in~the front yard;°except the r, designated, driveway. Parking shall not be located in the right-of--way, including .the sidewalk.... ~ - - - - ^ ^ - - - ^ - ^ B. Table of Parking Space Requirements forNon-Residential Uses . T e of activi - Number of S aces Assembly facilities-(any facility with an 'i -per-3 occupants"` ±:1!250 SF office, box - auditorium, sanctuary, or other such ~ c?ffice, or employee work area assembly and gathering place - whether fixed seats or o en area - Banks and similar financial 'I per 250 square feet (SF) of gross ;institutions ~ leasable area GlA - General commercial, retail,. and 'll20U SF GlA . convenience store.uses Day care centers; private schools -2 per. classroom 1/250 SF of office K-8 , anc. similar facilities ~ ~ ~ - _ _ ' Gasoline stations, service. stations; ~ a per service bay + 1 /250 SF of office - and.vehicle re air facilities, l~ - Ordinance No. 021599 III-47 `April 2002 ^ - ARTICLE 111 DEVELOPMENT DESIGAI STANDARDS Group lodging faalities, such as 1 for each 2 sleeping spaces + 1 per ~ ~ rooming houses, boarding houses; employee'* on the largest shift + 5 visitor . - residential care homes; or ~~spaces - dormitories Hos itals 1 er bed + 1/250"SF of office area Manufacturing and- similar industrial 1 per 500' s.f. of manufacturing area + ,t; . uses 1 er 250 s.f. of office area Medical, dental, .optical; veterinary 1 per 200 s.f. of total:floor area clinics and offices Mini-storage facilities (storage only 1/250 SF~of office or employee work area no retail or wholesale selling) -any + 1 adjacent to each unit + 1 visitor space allowable vefiiGe. storage shall. not per 50 storage units occur in_desi Hated arkin areas. Nursing homes;..assisted care faalities 1 per employee.+ 1 per each 4 beds and similar uses Offices 1 /250 SF GLA .y .Personal service.facilities 1 rem to ee + 1/250 SF GLA. All public schools; private high.. Per state standards schools shall meet. the. same standard as ublic hi h schools ~ Recreation and amusement faalities 1 space per '3 occupants + 1/250- s.f. of office. area Restaurants, lounges, bars, taverns, 1 space:per 3 seats and similar facilities - Warehousin 1/1,000 SF GLA + 1/250 s.f. of office area *V1/here parking ratios are based on seating, the number of seats to 6e used in the calculation shall be based on the occupancy rating of the Fire Division.. "'`Where parking ratios are based on number of employees, the maximum potential ~ .number of employees shall. be used. C. Parking lot design 1. Each parking. lot shall meet design- requirements of the. City of Longwood in order to provide appropriate access~to a public street, maneuvering, and access aisles:. 2. ~ All parking lots shall. provide landscaping as required in :Section 3.5.3. . 3, Aisles and circulation areas shall be paved; however, up to fifty (50) ~peccent of the parking spaces may :remain unpaved .subject to approval. by. the Administrator.. For parking IotS. with' more :than 100 spaces, the farthest tier of spaces shall be left.unpaved or shall be _ Ordinance. No. 02-1599 I I I-48 'April 2002 n. - ARTICLE l/l . ~ ~ . L)E LOP~ME~11T DESfG STAML)ARDS VE N ~ paved with alternative permeable surface materials. approved ..by , the Administrator.. Drivew~iys and .aisles shall be .fully paved,. and . ~ whenever a parking' lot ati~its a paved street, the driveway aeading from such street to such parking lot shalC ,be paved. :fn unpaved r-, Arkin areas;-parkin s a~,es shall be demarcated b wheel sto s P 9 9 P.. ' Y P or other similar devices. church or other similar institutional use without daily parking needs may ~be, allowed fo leave all parking spaces-unpaved, other than ,those spaces needed `on .a-daily basis (such as office staff, te~ichers, custodial staff; or other.. daily employees). The applicant wishing to waive -any or all .paving requirements shall supply evidence and the Administrator shall fnd the lack of paving would hive no detrimental effect due to erosion, reduced air or water qualit)~, or othersignificant degradation ~of~the natural. or built environment:: [n no ,case, however,, ahall the' ~ ~ unpaved parking area be calculated as a minimum required buffer, open. space area or retention area. Retention area requirements shall be calculated based on the assumption that the parking area : ~ . is to be paved: An allowable alternative is reservation of an area to accommodate retention in tfrne event of paving. '1 ~ 4. ~ All parking areas shall be used for parking only, with no vehicle sales or other. sales activity, storage, non-emergency repairs; or other similar sales,..stocage, or. service uses conducted _;in designated parking areas. Seasonal sales, such as Christmas trees, may be allowable, subject to obtaining a temporary use permit. . n 5. Parking lot design shall conform to the dimensions described in the - following .tables.: Painted .lines, curbs, or' other means to indicate ~ ~ ~ individual spaces shall delirieafe all: parking: PARKING SPACE DIMENSIONS Minimum width Total length Tota! length Total length ~ feet f Arkin feet of Arkin feet with 'feet with curb ( M.P g ( ) P g ) ~ ) stall ~ _ stall ~ wheel~stop ~ . Standard bay 9 ~i0 '1.8 18 dimension ~ Handica ed ba Ordinance No. 02-1599 III-49 April 2002 aRTICLE Ili . . - ~ DEVELOPMENT DESIGN STANDARDS dimension ~ 12 20 - 20 20 ~ ~ PARKING SPACE ANGLE Dimension (feet) 45 de rees 60 de gees 90 de rees Parallel Parking space 9 9. 9 9 ~ minimum width ~ ~ Parking. space. _ ~ ~ ~ ~Q - 24 minimum len th Driveway aisle 14 . ~ 16 18 12 width One=way. access - 14 14 14 . 17 aisle width Two-way access 22 .22 24 20 aisle width . _ 6. Traffic control signs and other pavement markings shall be used as necessary to ensure safe and efficient traffic operate of the site. All traffic control signs_ and other pavement markings shall be installed . at the applicants expense. All required signs and markings shall ' be shown on all .applicable development .plans. All traffic control pavement markings to be thereto-plastic type paint. 7: Each parking stall shall.be accessible, from .an aisle oc driveway and designed o that no automobile shall back into a public street or public right-of-way, except for officially designated alleys, in order to exit a parking stall: Eaeh parking. lot and stall shall be design to ~ avoid conflict between pedestrian and vehicular movements, and sh a I be desi ned to' v g a oid conflict with in ~ ress ore ress from the g 9 site. ~ Ordinance:No.02-1599 UI~O ~ Apri12002 - ~`i - - ~ ARTICLE Ill ice,, ~ - L?EVEL.OPMEWT DESIGAI STAl16'LIARDS S. No door or pedestrian entrance at ground level shall open direcNy upon a drNeway or access aisle unless the doorway or pedestrian r-, ~ entrance ~is: at least three (3} feet or more from the driveway or access.aisle and unless appropriate improvements are provided to allow for safe pedestrian access to the door. ~ 9.. -All required: spaces shall bE; usedl: for~.automobile parking only, with r-, no motor vehicle sales or any other sales activity, dead storage, non-emergency repair work; dismantling or servicing of any kind. 10. All parking area shall have a system of lighting to provide adequate illumination (two-foot candlE; per square foot at eighteen (18j inches above drive surface) for thE: entire parking area. Such lighting shall ^ be directed away from adjacent properties and public streets: 11: Adequate drainage shall~be~.provided for.all parking areas and shall ~ be approved bythe CityEngineer. 12. .All paved parking spaces shall have lines between. spaces to .indicate ic~dividual stalls, and .each stall may be required to be equipped with wheel stops ~jeemed appropriate by the City. ~ a. .Wheel. stops for stalls adjacent to landscaped strips shall be . located two and one-half (2'/2) feet from the front end of the stall to prevent encroachment into required landscaped area. - b. Wheel stopsfor stalls nonadjacent to landscaped strips shall be located three andl `one-half (3%) feet. from the front end, of the stall.. ~ . - - ~ . D. Parlking Spaces For Persons IfVho Slave Disabilities (Handicapped Spaces) All Ind use subject to-the. provisions of this Chapter shall meet the following criteria for handicapped Larking. 1. Spaces and access aisles;; design, designation, location, and rnarking~. r, 'All spaces shalt comply with, ADA:Standards and Florida Statutes (553:5041). , 2. - $ighage: All spaces, in acldition ~to the required signage 6y FS, will be required to provide ai sign marked per Ordinance No. 750; ~ - indicating a $250.00 fine. r-- , l r' Ordinance.No. 02-1'599 l11=51 Apri120o2 ARTICLE 1/l DEVELOPMENT DESIGN STANDARDS 3.. Number of spaces a. -One (1) handicapped space for each finrenty-five (25) required parking spaces up to one~hundn:d (1.00). parking spaces. b. One (1) handicapped space for each fifty (50) required parking spaces~over the next one-hundred (100) parking spaces. C. ~ .One {1) handicapped space for each one hundred (100) required parking spaces for three hundred (300) or more parking spaces. E. Bicycle parking ~ . ~ . 1. Bicycle. parking shall be provided at .public and private academic schools and.. at: entertainment, and recreation facilities according to . the following standards. ~ ~ ~ - _ a: Elementary or. middle; schools. - .5.0 bicycle spaces per automobile space: ~ ~ b. High schools -1.0 bicycle space per automobile space. c. ~ Colleges - 0:5 bicycle space. per automobile space. d. Arcades; game rooms, skating rinks,=tennis courts, handball or racquetball courts, 'or swimming pools - 0.25 bicycle ~ spaces per automobile space. ~ 2. Bicycle racks or other storage facilities shall be provided as.follows. a. Facilities shalt be designed to allow each: bicycle to be :J ,secured against theft. . b. Facilities shall be installed so as to. resist n:moval. . c. Facilities shall be installed so as to resist damage by rust, . ~ corrosion,; orvandalism. d.. Facilfies shall accommodate. a range of bicycle shapes and -sizes.and allow easy locking without interfering with adjacent . bicycles. - Ordinance No. 02-1599 1112 Apri12002 . _ aRroc~.n~ ~ ~ LIE4/I~L.OPMEIVY L)~S/GAf ~S.TAML)ARL)S . e. Facilities shall`~~~.be located :so as "-not to interfere with ^ ~ pedestrian or vehicular movement. . ^ - ~ 3.6.2 Loading Space. Requirements ~ . . r. A. Table ofLoadin S _ace Re ui~ements r, T of activi Floor Area Number of s aces . All retail activities, except First :1 O,OOU SF 1 r-, automotive ~ Each additional 20,000 SF 1 or fraction tFiereo Automotive uses (new and Up to 15,OC?0 SF " ~ 1 used vehicle. sales, 15,000 = 40,000 SF 2 ^ ~ including gars, trucks;` Each additional 10,000 SF' .boats, RVs, and the like ' orfraction thereo ~ 1 Recreation facilities, Same.as automotive Same as automotive amusements, attractions,. ~ ~ ~ ..Office uses Up'to 20,OG?0 SF 1 " 20,OQ0 =100;000SF ~ ~ 2. ~ Over 100,000 SF 3 - Multi-family (5.or more Same as oi'fice uses Same as office uses .units),; hotels, motels, and _ - otfiecsimilar lodging facilities Hospitals, nursing homes,. Same as for: office, uses Same as for office Ion term care facilities ~ ~ .uses Manufachiring and Up to 15,OL~0 SF ~ 1 ~ industrial facilities.. 15,b00.-4(1,000 SF' 2 40,000= 6;1,000 SF. • . 3 Each additional 80,000 SF 1 additional s ace ~ B. Loading .space :calculations for buildings: with ..,multiple . uses shall be calculated applying the standard rE:sulting in the largest number of spaces. ^ G. Loading space .design shall ;conform to City of Longwood engineering design and,construction standards (Fublic•Works Manual). ~ ~ 3.6.3 D-landicapped Access ~ . Each new development or redewelopmen'E shall provide off-street parking spaces as .required by State. law. ~ - i Ordinance No. 02-1.~n99 III=53 ~Aprit 2002` r--~ ARTICLE l/l . _ ~ DEVELOPMENT DESIGN STANDARDS .3.6.4-Reduction of Parking Space`Requirements ~ ~ A. Parking space requirements may be reduced or waived by the Administrator based upon a .multiple tenant establishment, shopping center, ar .joint use of two or more .adjacent or adjoining uses. The property owner shall provide the following information to support a request for reduction or waiver of othennrise required parking. 1. There is one (1):-or more :paved driveway .connections between the parking ..areas ...of ,the developments involved: The number, location(s), and design,. specifications of said driveway(s) must be acceptable to the City... 2. The. hours of .maximum..(peak) parking demand of the respective developments do not normally overlap. 3. Across-access and cross-parking agreement, in recordable form acceptable to the_ City, :shall be -executed by the ,owners of developments. involved. Said agreement shalF guarantee the joint use of a specified number of parking spaces and shall be approved by the Administrator., ` . - ~ 4. The development is amulti-tenant or mined-use shopping center. - B. Parking space requirements may' be reduced. or. waived by the Administrator based. upon the availability of an off-site and non=contiguous parking facility or parking lot. The. property owner shall provide the following information to support . a request for reduction or. waiver of athennrise required parking: 1. The ~availabitity of the off-site parking areas must be guaranteed in perpetuity, by virtue of common ownership with. the primary site, ' : ~ recorded easements, or other binding agreements acceptable to ~ the"City. 2: ~ The off: site parking areas must 6e located within convenient walking distance [rio more than one hundred and frfty {150) feet] of ,J the primary site, said distance to be measured along paved public right-of: way from the entrance driveway into the parking area to the ~ entrance driveway into the primary site. 3. The ofF site parking areas shall.- meet .the' same development standards (regarding impervious surface, drainage/retention, ~ Ordinance No. 02-1599. III-54 Apri1~2002 u ~ ~ ~ ARTICLE l!1 _ : ~ ~ L?El/ELOPMENIT DESIGN SIAM®AI?DS . buffering,.. interior IandscaF?ing, etc.) as those that. apply to the primary site... . 4. The primary development site, independent of .off-site parking areas, shall meet all applic~ible development-standards of this LDC, ~ with the exception of minimum parking .requirements. ' 3.7.0 STANDARDS FOR DRIVE-UP FACILITIIES ~ . r-,, A. All -uses and facilities. providing drive-up or drive-through service shall pro~aide stacking lanes in according with the.following standards. B. Restaurants shall provide sufficient stacking space to accommodate eight ~ (8) vehicles. A by-pass lane shall be provided. C. Banks and financial insY~tutions shall provide stacking spaces as shown in the following table: A by-pass lanE; shall be provided. i Nurraber of drivethrough lanes . Tc~4al number of vehicles fo rovided be accommoda$ed 1 8 - 2 _12 ' 3 Each additional lane 2 additional vehicles accommodated - D. A. decorative wall shall be prewided along a property line abutting residential uses in order to block lights from vehicles in the stacking lanes r, ordrive-through facility. E. Stacking lanes shall conform to City standards for design and construction (Faiblic Works Manual). 3.8.0 STANDARDS. FOR CLEAR VISIBILITY ,AT INTERSECTIONS A. In order to provide a clear view of intersecting rights-of--way and/or private drivewrays . to motorists; there shall be a triangular area of clear vision ~ formed by the two (2) intersecting rights-of--way, driveways, or combination thereof. B. On any Portion of a lot that lies within the triangular areas described and illustrated below, nothing shall be erected, placed, planted, or allowed to i Ordinance No. ~2-1.'"i99 .III-55 Apri12002 r-~ - . ARTICLE Ill DEVELOPMENT DESJGN STANDARDS . grow in such a. manner as to materially obstruct vision (between a height of three. (3) feet and eight (8) feet above the grade at the right-of-way line(s). This prohibition also applies to vehicle parking spaces. C.: The .triangular area required for 'clear view shall :be as shown in the v following. figure. - - v . . J.. v . .`J, . _ ~ _ ``J ~J `J' . ~ ~ `.i, ~J Ordinance No. 02-1599 .III-56 - April 2002' `'J ~~..i r-.• - r-.: ~ - ARncLE ni - ~ ~ ~ ~ DEVELOPMENT ~DES/GN STAN®ARUS IL'LU;~TRATIO N 0 F . ~ - SITE TRIANGLES ~ ~ ~ RIGHT-OF-WAY LINE 2 , n • 'STREET ¢ y ' ~ . n . RIGHT-OF-WAY LINE ~ STREET ag~_~'' ' . 2 n • m - - n Z , RIGHT-OF-WAY LINE ~ 2 5 STREET ~ . ~ in - . ~ SITE TRIANGLE i - Ordlnance.,No.02-1599. IIB-5T' Apri1:2002 ARTICLE 1/1 ~ . - - DEVELOPMENT DES/GdY STANDAptDS 3.9.0 FIRE LANES, ADDRESSING AND KEY BOXES A. Fire Lanes: Fire lanes shall comply with the National .Fire Protection Association (NFPA) Volume Section 3=5 titled °Fire Lanes" to be placed per the °Authority Having Jurisdiction°. 1. All Fire Lanes shall be marked with yellowthermo-plastic paint. `J - - 2. The lettering shall be a minimum of four (4) inches. in width. and - stating "NO PARKING OR STANDING FIRE LANE". B. Addressing: All buildings within the City of Longwood shall have the v j address Dearly marked and. visible from the roadway. Numbering shall ~ I comply with NFPA Volume no. 1„ Section 3-7 Fire Protection Markings. C. Key Boxes: All new construction shall be in compliance to NFPA Volume no. 1 Section 3-6 Key Boxes. 3.10.0 STORMWATER MANAGEMENT . A. Applicability All new development and redevelopment, except single-family and duplex structures, shall comply with these. regulations for stormwater management in the City of Longwood. B. Generally - All stormwater management facilities shall meet -the level of service requirements of the Longwood Comprehensive ,Plan, comply with the Stormwater Technical Requirements of the City of Longwood,. Department of Public Works Design Standards and shall comply with the water management district, regulations pertaining to such.. facilities. ~ C. Requirements In addition to meeting requirements for retention or detention, all facilities shalt have a perimeter planting area between the ,property line and the top of the slope of the retention porid. The planting area, if grassed, shall be of sufficient width to accommodate mowing equipment. Excavation to the property line shall be prohibiter!. Ordinance No. 02-1599 IIl-58 - Apri12002 - ~ . ~ ARTICLE, 111 L?EVELOPMENT LIESIGW STAl16'LIARDS 3.10.1 Stornav?rater AAanageaYUent Plan Itequirf:ments r. A. A drainage 'or stomtiwater man,~gement plan .shall be requic~ and submitted to accompany any .required submittals for development approval. B The City Engineer shall review thE~ stormwater management plan required by this section. No clearing pem~it, building permit, or development plan approval occur for any project which requires a stormwater management ~ plan unless the C'~ty Engineer approves the plan. . n I~~-' r-~, r-. . n ~ r-, Ordinance No. 02-1599 III-59 - Apri12002 ,n i I I ARTICLE~IV - RESOURCE PROTECT/QW STANDARDS r-, _ - _ a bbd' - _ ~ . ~ r~~~ , ~a ~ ~ ~ ARTICLE Il/ ;r - _ REST<URCE PROTECTIQN STAh1DARDS, i, 4.1A:. GENERALLY - IV-2 ~ ` 4.1.1 Purpose - IV-2 4:1.2 Applicability ~ IV-2 4:2.0 WETLANDS ~ : 1V 2 4.2.1 Applicability IV-2 4.2.2 Exemptions ~ ~ IV-2 4..2.3 - . Wetlands Protection Requirements . IV-3 .4.3.0. WATER. BODLES IV-3 4.3.1. Applicability ~ ~ . IV-3 4:3.2 Surface Water Protection tV-3 r-, 4.4.0 PROTECTED HABITATS IV-6 4.4:? Applicability IV-6 ' ~ 4.4.2 Requirements for a Critics{ Habitat Management.Plan ~ IV-6 ~ .4:5.0 FLOOD PLAINS AND FLOOD ZONES IV-7 ~ - 4:5.1 ' ..Applicability IV-7 4.5.2 General Requirements . - IV-7 4.5.3.. .Flood Hazard Zones Established: IV-8 .....4.5.4 -.:..Exemptions ~ IV-8 4:5.5 -Standards for.: Development in. the Area.. of .Special Flood IV-9 . -.Hazard. 4.5.6. ~ Additional Standards for 'Reducing :Flood Hazards in Areas- IV-10 for Which Flood Insurance. Maps Have Been Prepared 4.5.7 Standards for Reduang Flood Hazards within the Area of IV-13 Special Flood Hazard 4.5.8 Special Requirements for Lake Flood Plains IV-14 4.5.9. Abrogation and Greater Restrictions ~ ~ IV-14 4.5.1:.0' blaming and Disclaimer of.Lia6ility IV-14 ~ 4.5.11.. Declaration of Public Nuisance IV-14 r. 4:6.0 POTABLE`1NATER WELLFIELD PROTECTION IV-14 4:6.1 Establishment of Vtlellfield Protection Zone IV-14 4.6:2 Restrictions within.~the 1Nellfield Protection Zone ~ ~ 1V-14- 4.7.0 GROUNDWATER RECHARGE AREAS 11/-15 4.7,1 Applicability. IV-15 ~ 4.7.2 Exemptions IV-1:5 - 4.7.3 Restrictions within the °Most Effective° and "Moderately 1V-15 - Effective'° Recharge Areas ~ ~ Ordinance No. 02-1599 IU-1 April 2002 AR77CLE N ~ . ~ . ~ ~ ~ R'ESOURCE PROTECTION STANDARDS ~r 4:1,0 GENEI2AL~Y ~ 4.1.1 Purpose. ~ The purpose of this article is to promote the public health,. safety, and general welfare by establishing those resources or areas of a development site that must be protected from detrimental effects of flooding, and providing for the protection, maintenance, enhancement and utilization of natural resources within the City of Longwood in accordance with ttie adopted Longwood Comprehensive Pfan. . 4.1.2 Applicability ~ ~ - v. A development is required to apply thE; provisions of this article to a proposed development site before any other development design standards are applied. A `J proposed development shall be designed to fit within the areas that may be developed without negative impact to protected natural resources as herein described. 4.2.0 WETLANDS ~ 4.2.1 A licabili ~ pp tY The .requirements ofithis Section shall aipply to all wetlands dented on the map of Generalized Wetland Types in the Longwood Comprehensive Plan, as more specificalPy shown on the City of Longwood Wetlands Map that"shall be~available for public inspection in the Department of Planning and Community Services. In ~ case of any question regarding the e;~act location of wetland boundaries, the applicable wetland jurisdictional boundairies of the U.S.~Army Corps of Engineers (USACOE), or the St.~Johns River Water Management District (SJRWMD) shall apply. The agency wetland boundan/ determination, ~or combination thereof, which ~ covers the largest area shall be recognized by the. City as the wetlands boundary. 4.2.2 EzemptiorDS ~ Activities which are exempted from this Section include: A. All activity exempt from regulation by the. Florida Department of Environmental Protection, the IISACOE and SJRWMD. If any one of these agencies claims jurisdiction, then the activity shall not be considered . to be exempt. ~ ~ ~ v B. Any emergency activity which is immediately necessary for the protection and preservation of life oc property, odor the protection or preservation of a natural resource. ~ Ordinance Igo. 02-1599 IV April 2002 r- ~ ARTICLE !V - ~ - ~ . ~ ~ RESOURCE PROTECT/O1V STANDARDS ~ .4.2.3 Wetland Protection Requirements r., A. All development affecting wetlands areas id'entified' in the .Comprehensive Plan Goals,. Objectives and .Policies Document shalF conform to~ the SJRWMD requirements., and to the following Longwood requirements. Where a conflict exists between two~requiremerits, the stricter requirement shall apply... B. 1Netlands impacts shall first be avoided... . C. .Except as otherwise authorized by, or exempt from this Section, all development activity shall be set back from the wetland boundary no less than twenty (20) feef.' r-. D. Except .as otherwise authorized°. by, or exempt.;from this Section, natural vegetative buffers shall be retained between. alf .development and all wetland boundaries. If a natural vegetative buffer does not exist, a buffer r` shall be~created. The size of the buffer shall be.the minimum necessary to prevent significant'adverse effects on the wetland -but in no case shall be .less than twenty (20) feet: `The factual tiasis.of the.decision as to the size of the buffer zone shall be stated as a finding in the written record. Except as otherwise provided. herein, no..development shall. be permitted within ~ the required :buffer. The following activities or construction which- do not have a significant adverse effect on the natural function of the buffer may be allowed within the .buffer: pruning, planting of suitable native vegetation, removal of exotic and nuisance .pioneer plant species, and the creation and maintenance of walking trails. . r-, 4.3.0' WATER BODIES - 4.3.1 Applicability The regulations set forth in this Section shall apply to all lakes and streams within .the incorporated area-of the City of:'Longwood. All development 'adjacent to . lakes and. streams shall comply with the requirements of this Section. 4.3.2 Surface Water Protection A.- Existing vegetated areas or buffers acourid surface waters shall be preserved to provide for~sheet flow of surface nanoff. Buffers shall be a minimum of twenty-fve (2b).feet in width, as measured landward from the `Ordinary High Water Lirie (OHVIIL).. B. Required surface water buffers shalt either tie planted with indigenous vegetation or an environmental. swale. - . Ordinance No. 02-1599 ' IV-3 Apri12002 ~4RTICLE I1/ - ~ ~ FZ'ESOURCE P'ROTECT/ON STANDARDS ~ C. Except as expressly prodded ,herein, no development activity shall be undertaken within. buffers required by this Section. D.: .The following activities are_exempt from the requirements of this Section: . 1. .Emergency repairs necessary for the preservation of life or health. 2. Clearing a shoreline thaw has previously been cleared and the ~ clearing has been continuously maintained. However, if shoreline vegetation is allowed to be reestablished, a permit- shall be v obtained to clear it. _ 3.. Activities undertaken by federal,, state, .regionaland local agencies of government, including mosquito control. 4. Non-mechanical- clearing of vegetation from an area of no more than ten percent (10%) of the area between the OHWL and a point landward twenty-five (25) feet. 5.., . Minor maintenance. or rnpair to ,existing structures or improved -areas or to existing storrnwater and drainage control systems, or other maintenance activity that is approved by the Florida DEP or SJRWMD as appropriate. ~ ~ - 6. ~ Clearing of shoreline vegetation to: create walking trails not exceeding five (5) feet in width: Such trails may be made of wood - ~ provided that no filing,~fl~~oding; dredging, draining, ditching,. tiling, ~ `J or excavating is done, ~ except limited °filling and excavating :necessary for the installation. of .pilings. E. Limitations on clearing: `J 1. A property owner clearng less than one thousand (1,000) square feet of shoreline above the water line shall not be required to obtain a permit. `J 2. A~ property owner who desires to clear more than one thousand . (1,000). square feet~of shoreline above the water tine must provide proof of receipt of a Florida DEP permit authorizing such vegetation removal - ~ - . F. Within the required buffer,. watE;r dependent, activities shall be allowable provided that the following standards are met:.., - 1: Compensating storage vc~lu;me shall be provided at,a~ratio of one to one (1:1) of fill material ~ placed subject to applicable DEP and SJRWMD wetlands resource permitting, Ordinance.No: ~02-'1599 IV-4 Apri12002 . ART/CLE~IV ,.1 - ~ ~ RESOURCE PROTECTIOW STANDARDS ^ 2. The length of docks or piers shall riot exceed fve percent (5%). of the width of the water body. . ^ 3. No more than one (1) dock per parcel.shall :be pemiitted.... ~ 4.. ..Installation of docks of. 1,000 square feet or less°shall not require a - - DEP permit, provided. thedock is used for .private non=commercial ^ ~ - ~ :uses; -does not impede .water .flow; :no.::filling is involved; and, otherwise, meets.the criteria of the.Florida Administrative Code. 5. Boat docks shall be considered structures and shall comply with the ~ side setback=requirements for the`land use district in_which the dock is to be located. ~ ~ ~ 6. Applications for construction of boat docks shall be required to ..include evidence of:appropriate state agency, approval or letter of exemption.. G. The following design .and operation. ,standards shall apply to water r; ~ dependent activitiesallowable by this Sect'ion.. . 1. .Public boat .docks shall have adequate .garbage receptacles as well . as ~estroom facilities that comply with .-Seminole County Health ~ Department regulations: ~ ~ , ~ 2. - Any permitted or otherwise allowable dredging shall be conducted at times :of' minimum biological .activity to. avoid fsh migration, ~ spawning; `arid other cycles and activities of wildlife. - ' ~ 3. Water dependent activities shall be. designed, constructed, maintained, and undertaken.in a way that minimizes the adverse 'impacts on the 6eriefcial functions of. the affected shoreline protection zone. r-. ~ _ H. ~ The following uses may be 'permitted..'in surface .wa#erbuffer areas: boat ramps, walkways with pervious surfaces; .landscaping, and required development improvements such as drainage structures. I. _ . All impervious surfaces, except ..boat ramps, shall tie prohibited in the buffer areas. ~ ~ . Ordinance No. 02-1599 ~ IV-5 April 2002 ~ . ^ ARTICLE !V RESOURCE PROTECTION STANDARDS v 4.4.0 PROTE~'TED :HABITATS ~ ~ . 4.4.1 Applicability : ~ ~ The Longwood Comprehensive Plan B~jckground Document provides a listing of endangered, rare and threatened species and species of special concern that may be found within the City of Longwood. Where such species are known to exist or where habitat that is likely to ccintain-such species exists within the City, the developer shall prepare aCritical-Habitat Management Plan. ' 4.4:2. Requirements for=a Critical Habitat .Management plan ' A. A Critical Habitat Management Plan shall include all of the following items: . 1. A~ pre-development vegE:fative .cover survey by a professional biologist to identify occwrences of rare, threatened, endangered species, or species of special concern. I 2. Esfimate of land needs t~~ support any significant~~ species on the i site. ~ 3.. Impact-of proposed develc~prrient on the'significant species. 4. Recommended management plan necessary to protect significant species. ~ ' S. Where no other alternatives are available, development of no more than twenty-five .percent (25%) of a ;native vegetative community pursuant~to design restrictions provided by a qualified biologist will be allowed. 6. The use of required opEn. space,. setbacks and buffer areas to protect na#ive vegetative communities, wetlands and conservation areas may be accornm~~dated by agreement with the City of Longwood that includes .but is not limited to the use of reduced , setbacks or buffers, or~ other valid compromises,. as .may be ~ proposed by the.applicant. 7. When construction is proposed to be located on or adjacent to the habitat of endangered: or. threatened species artclnative vegetative v . communities, methods and techniques to protect such areas shall be clearly identified and documented. Such information shall be submitted to the Department of Community Services and approved prior to issuance of a development order. Methods and techniques to be addressed shall include, but may not be limited to, storage and removal of materials, equipment and debris, erosion control, ' methods to. ensure revegetation and/or stabilization of disturbed ~ areas, measures to protect existing natural vegetation and habitat, .J and methods to prevE;nt pollution of surface waters and groundwater. Ordinance, No. 02-1599 IV-1i ~ ~ ~Apri12002 ~ ARTICLE /V R ~ ESOURCE PROTECT/OW STANDARDS ~ B. The adequacy of the ..Critical Habitat Management Plan shall be determined by the Department of Community Services in consultation with other appropriate agencies and departments.. ~ ~ C: If an ,adverse effect .is unavoidable, the City may require mitigation, or if _ mitigation: is impossible, deny the development: order. The final development plan for the site shall conform to the recommendations determined within the Critical Habitat Management Plan. ~ . . D..:. Development that falls. within. the `jurisdiction of °the DEP or the Florida Game and Freshwater Fish Commission shall be referred to those r. .agencies, and. their appropriate permits shall . be obtained prior to the issuance of any development orders by the City of Longwood. 4:5.0 FLOOD PLAINS AND fLOOD.ZONES. r-, ~ 4.5.1 .Applicability. This Section shall apply to all areas identified as. lying below the one-hundred (100)._ year flood . elevatiori:: No structure ~or. land shall hereafter be located, "::extended, .converted, :or stnacturally altered within such areas covered by this Section. without .full compliance with the. terms:. of this Section and all other _ ~ :applicable regulations: ~ . . ~ .-4:5.2 General Requirements A. The following requirements apply to all areas covered by this Section. r-. 1:_. No hazardous .materials shall be stored within the one-hundred (100) year flood plain. 2. All development within the flood plain area will maintain the natural . ~ hydrology of"the development site. - B. The density or~ intensity of all development occurring 'in areas covered by this Section shall be no greater than ,twenty-five percent (25%) of the lowest -density or intensity :of the .land use classification in which, it is located ~as; shown on the Future Land Use Map. C: Before any final developmerif order may. be issued which affects. property . to which the requirements of this Section apply, all applicable permits of - ~ the USACOE; SJRWMD, acid DEP:shall first.be_obtained. Ordinance. No. 02-1599 IV-7 - April 2002 - ..ARTICLE IV F'ESOURCE PR®TECTIOM STAWDARDS 4.5.3 .Flood Haaard Zones~Establishi:d A. There are hereby established certain areas within the ~ City which are , subject to periodic. flooding. The City shall use the m_ ost recently adopted Federal Emergency.Managemen~t Agency's`(FEMA) Flood lnsurarice Rate . Maps (FIRM) to determine the flood elevation except as described below. v. B. ~ In areas. where. a flood elevation is° not-provided on a FIRM map, an . applicant shall supply information to the satisfaction of the Administrator or that the subject use is not located below the one-hundred (100) year flood ' elevation. ~ ~ C. An .applicant .may: contest a flood elevation by supplying ~ applicable data and analysis to the Administrator. Based on an analysis of this data, the Administrator may determine th~it an elevation, other than the one found on the FIRM may be used in this~specific case: ~ ~ ~ ~ 4.5.4 Exemptions A. Arty emergency activity which is immediately necessary for the protection . and preservation of life or property, or for the protection or preservation of a natural resource; shalt be exE;mpt from the provisions of this Section. . Such emergency activities include for ~ example; search and rescue operations, preventive and remedial activitiesrelated to large-scale contamination of streams or othc~r bodies of water, floods, humcanes and other storms and public health concerns. B. V1lithin five (5) days after the commencement of such emergency involving the undertaking of any activity which otherwise would be treated as a regulated activity .under this Section, the person chiefly responsible for undertaking such emergency activity shall send a written statement to the Administrator setting~forth'the p~ertinent.facts regarding such emergency; including an explanation of the life, property or resource such activity was designed to protector preserve. . v C:~ ~ Public health, activities, orders and regulations of the State .Department of Health _ and .Rehabilitative Services, .the. County ,Department of Environmental Services and othE;r similar agencies related to public health ..protection shall be exempt from .the formal permitting procedures of this ~ Section. Such activities. shall bE~ subject to review- by the Administrator to ensure that the 'activity will .not result in .a signficant adverse impact on a wetland, watercourse, water fod~y or groundwater. • 'J Ordinance No. 02-1599 ~ IV-t3 Aprll 2002 ~.J ^ ~ ARTICLE N . ~ ~ RESOURCE PROTECTION STANDARDS r-, ^ . 4.5.5 . Standards for Development in the Area of Special Flood Hazard The standards in this Section apply to all development permitted within the area of Special Flood Hazard. ^ A. . All.new construction and substantial imProvements~of existing construction of.all strtacturesshall be constructed with the lowest living floor elevated at one (1) foot or more above the one-hundred (100~year• flood elevation. B. Encroachments, including fill, new. construction, substantial improvements and other development are prohibited unless a registered professional engineer certifies.~that compensatory storage will be provided in order to . alleviateflood problems within the impacted area: • ~ C: All new construction and substantial improvements of existing construction ~ shall be constructed with materials and utili a ui ment resistant to flood tY 4 p damage, and using methods and practices that will minimize. flood damage and prevent the pollution of surface waters in flood conditions. ~ 1. Electrical, heatiiig, ventilation, plumbing, .air conditioning and other service facilities shall be designed or located to prevent water from - entering or accumulating within the components during a base flood. ~ . , . . 2. All new and replacement water supply, and sanitary sewage ~ .systems shall be. designed to eliminate ~ both infiltration of flood waters into the systems and discharges from the systems into flood waters...... ~ 3. Use of on-site sewage disposal systems within the 100-year flood . plain shall be prohibited. 4. ~On-site disposal. systems on lands with soils identified in the most current Seminole .County Soil Survey: as having soil: limitation ^ ratings of slight or. moderate with respect to septic tank absorption ~ fields, shall not be located .within. one-hundred-fifty. (150) feet of the area of Special Flood Hazard: 5. On-site disposal systems, on lands with soils identified . in the Seminole County Soil Survey as having soil limitation ratings of ~ severe with respect to septic tank absorption .fields; shall not be located within two-hundred~(200) feet of the area of Special Flood Hazard. . D. Permitted development shall.. not cause a ,change in the flood pattern in such'~~ a manner that would cause .lands not previously flood. prone to become flood prone. ,J Ordinance No. 02-1599 IV-9 April 2002 ART1CLg 1V . : ~ R'ESOURCE PROTECTION STANDARDS E.. The .flood -carrying capacity withiin any altered or relocated watercourse shall. be maintained. ~ . F. The following minimum standards shall apply to all development which .occurs within an area, of.Speci~il Flood Hazard,..and-to any man-made charige~to improved or unimprov~ad real estate including but not limited to, ~ mining, dredging, filling; grading, paving; drilling (except to obtain soil and mineral samples) or excavation operations within one-hundred (100) feet of ,a watercourse _ 1. _ .The hydrograph for. the developed or redeveloped site shall not exceed the volume _ancl rate :of flow of. runoff produced by conditions existing beforE: development or redevelopment for 4he~ twenty-five (25) year de:~ign storm. In addition,. the cumulative impact of~the. outflow hydrograph..on. downstream flow shall be considered. Runoff rates and ~ volumes resulting from the v development~.in excess ~~f existing rates and volumes shall be accommodated on-site. . 2. Stormwater runoff shall b~e subject to best management practices w: ' prior to discharge into natural ar artificial drainage systems. °Best management practice" shall mean a practice or combination of practices that provide for the treatment of . stormwater runoff such" that the amount of pollution generated by the development is reduced ` to a level compatible -with the Florida Water Quality Standards contained in th+~.Florida Administrative Code. ' 3. The developer shall provide retention of ~stormwater runoff in accordance with the minimum requirements of the SJRWMD. . 4.5.6 Additional Standards for Redu~~cing Flood Hazards on Areas for 1Nhtch Flood Insurance Maps (FIRM) I'{ave Seer>i Prepaored ~ In addition to complying with .all of the requirements of Section 4.5.5, the following standards shall be complied. with in all areas of Special flood Hazard `J. fore which a base flood elevation has been established as set forth in Section ~ 4.5.3. A: Subdivision Plats 1..' .All preliminary subdivision plats shall identify the area of ~ Special Flood Hazard and the Elevation of the one-hundred (100) year flood. ~ 2. All final subdivision plats; shall identify the elevation or proposed ~ structures and pads. Ordinance No: OZ-11599' IV-.10 April 2002 ' ARTICLE lV ~ - RESOURCE PROTECTION'STANDARDS ~ 3. All public utilities and.facilities in. subdivision:plats shall be located and constructed to minimize flood damage and shall be adequately drained to reduce exposure to flood hazards. 4... :Each lot must include ~a site .suitable for constructing a structure in .conformity with:the standardsof`this Section: ~ b. `All roads shall be reasonably safe from floodwaters resulting from the base flood. . 6.. All agreements .for deed, .purchase agreements; leases or other contracts for sale .or exchange of lots within an. area of Special Flood Hazard, and all instruments conveying°title to lots within an area of Special Flood Hazard must Prominently publish the following, Flood Hazard Warning in the. document: Flood Hazard Warming ^ This ro e p p rfy may be subject to flooding: You shouid contact the ~ Administrator and obtain ahe latest information about flood elevations and resfrictlons before making plans for use of this. property. _ B.:` Encroachments, including fi{I, new construction; substantial; improvements ~ and other .development are prohibited. ,unless a registered .professional engineer cert~es that compensatory storage will be provided' in order to ~ ~ alleviate flood problems within the impacted area; , ~ . C. New construction or substantial improvements of elevated buildings that. include fully enclosed areas formed by foundation and other exterior walls r-, below the flood protection elevation,shall be desigried to preclude,finished living spaee .and designed to allow for the entry and-exit. of floodwaters to automatic. ally equaliie hydrostatic flood forces on-exterior walls. Designs for complying with this requirement must -either: be certified by a - professional engineer or architect;:or meet the following minimum criteria. 1. Provide a-minimum of two (2) openings having a total net area of not less than one (1) square inch for. every square foot of enclosed area subject to flooding. 2. Place the bottom,of all openings':no' higher.than ~one:.(1) foot above grade. , 3: Equip' openings with.. devices such. as ~sereens, louvers or valves that permit.. the automatic entry and exit of floodwater: Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (i.e. a garage door) or storing equipment used ~ Ordinance.No. 02-1599 IN-11 April 2002 r-~ . ARTICLE IV •,.J - ~ ~ . ~ RESOURCE PROTECTION STANDARDS ~ . . to maintain the premises (i.e. a standard exterior door), or entering the living area (i.e. a stairway or elevator).. The iriterior of the ' ~ ~ - enclosed area shall ,not be partitioned or finished into separate rooms: ~ ~ D. Residential. Structures: .All new construction and substantial. improvements of existing construction 'of residential structures shall be constructed with the lowest floor elevated to one (1) foot above the 100- . year flood"protection elevation. E. 0~ew construction and substantial improvements to existing construction of non-residential structures shall either comply with paragraph (1) above or be constructed,~including attendant utility and sanitary facilities to meet the following standards. ~ ~ ~ 1. Walls below the flood protection elevation shall be substantially impermeable tothe- passage of water. 2.. Structural components shiall resist hydrostatic and hydrodynamic ~ 'loads and effects of buoyancy. - ~ 3. Structural components sh,~ll be certified as meeting the standards ..J of this Section by a registered professional engineer or architect. F. Stnuctures that represent a minimal investment-and that:are subordinate to and accessory to the, primary structure or use..on the. property (for example, storage sheds, detachE:d garages,: pools, pool decks, gazebos, and barns), may be exempted from the elevation requirement of Section 4.5:5 A, provided the following criteria are met. 1. The structure is not used f~~r~hurnan habitation. u 2. The. structure is .designed and ,constructed so as to have a low potential: for. damage during a flood (e.g. using flood resistant materials as provided in FIMA technical bulletins): . 3. All electrical service, heating/cooling equipment. and other mechanical or electrical equipment are either elevated above the ~ elevation required by Section 4,5.5, or is,flood-proofed. One electrical switch and outlf;t connected to a ~ ground fault interrupt breaker is allowed below the base flood elevation. G. Certain types of structures, including but not limited to construction site offices, may be sited temporarily ~m property without having to comply with the elevation standard of Sections 4.5.5, provided the following criteria are met. ~ Ordinance No. 02-1599 ~ IV-1? ~ April 2002 ~ ^ _ ~ ~ ~ ARTICLE N , ~ ~ ~ RESOURCE PROTECTION STANDARDS ~J 1. The structure is mobile, or.can be made so, and is capable~of being. removed from the°site within a minimum ,of four (4) hours warning. ^ 2. ~ The structure does not. remain. on the property for one-hundred- eighty (180) days or more.. 3. The applicant. submits. a plane for`.the removal .of the structure ~ containing the following documentation. ^ _ a. The name, address, phone number and emergency contact point of the individual responsible for the removal of the ^ temporary structure: b: The time at which the ,structure will be: removed (i.e. a minimum of seventy-two . (72): hours in advance of the projected landfall of a hurricane. ~ c. A copy of. a contract or other suitable instrument with a trucking company. to ensure the availability of removal of the structure when needed, together with the, name, address, and ~ emergency phone number of the responsible .trucking company agent. . d. Designation, accompanied by documentation {e.g. signed consent of the properly owner), of, a site outside the Special .~J .Flood. Hazard area..to. which .the temporary structure will be moved. e. ,Signatures of the-applicant and property owner on which the temporary structure will beplaced, and owner of the ^ temporary structure. agreeing to abide .by the terms., of the removal plan. _ 4.5.7 Standards for Reducing Flood Hazards within the Area of Special Flood Hazard A. Encroachments, including- fill; new construction, substantial improvements and other development are prohibited unless, authorized. by a variance granted in accordance with the requirements ofArticle VII of this,Code. B. All development authorized by .variance shall be undertaken consistent with the requirements of Sections 4.5.5 and 4.5.6... . - ~ C. Under no circumstances may a variance. be. granted for septic tanks and associated drainage fields: below .the one=hundred `(10.0) year flood elevation. Ordinance No: 02-1599 IV-13 Apri12002 . ART/CLE IV _ . RESOURCE PROTECTION STANDARDS ~ 4.5.8 Special Requirements for Lake Floodplains v In addition to meeting all other requirements of this Section, the following requirements- apply. to lake floodplains. Encroachment, including fill, new constwction, substantial improvements, and other development shall be prohibited) from the floodplain unless certification (with. supporting technical data) by a registered professional :engineer is provided demonstrating that encroachments shall not result in any increase in flood levels during occurrence of the one-hundred (100) year base tlood.disctrarge. 4.5.9 Abrogation and Greater Restrit:tions ` These flood hazard management .regulations do not repeal, abrogate, or impair any existing easements,. coveriants~ or deed: restrictions. However, where these regulations ~ and' another regulation conflict ~or. overlap, whichever imposes .the more stringent restrictions shall prevail. . - 4.5.10 VMarning and D'isclairruer of ti~~bility - Although the degree. of flood ,protection ;required by this Section is reasonable and appropriate for regulatory purpos±:s,: based on scientific and engineering consideration, more severe floods will occur and flood heights may be. increased by man-made or natural -causes. Consequently, this Section is not intended to imply that land :outside the areas. of :ipecial. Flood .Hazard or uses permitted within those areas will be free from flooding or flood damage. This Section shall not create liability on the part of the City or any of its officers or employees for any flood damages that result from reliance- on these flood hazard management . regulations or any administrative decision lawfully made hereunder. 4.5.1'U Declaration of Public Nuisance All development located or maintained within any area of Special Flood Hazard after April 17, 1.995, in violation of these flood hazard management regulations is hereby declared a public nuisance perse. - 4.6.0 POTABLE WATER WELLFIELD PROTECTION ~ ~ 4.6.1 . Establishment of Wellfield Protection Zone . ~ - A zone of protection for potable water wellfields is hereby established, as shown the Longwood Comprehensive Plan. `J 4.6.2 Restrictions within the Wellffiel~i Protection Zone ~A. ~ The following activities or uses are prohibited within the wellfield protection ' zone: storage or handling of. hazardous wastes, wastewater treatment facilities, including septic #anks, ciry cleaning operations, incinerators, and storage of pesticide or petroleum products: Ordinance Plo. 4)2-1.~i99 IV-1~t April 2002 r-. ~ ~ _ ~ ARTICLE IV ~ ~ RESOURCE PROTECTION STANDARDS _ B.... Retention and ,detention facilities are' .prohibited unless such facilities are ~ determined to have no negative impacfi:on the wellfreld ,.protection zone. C. Any nonconforming activity or .use located within 'a ~wellfield protection zone shall .not be permitted.. to be expanded or improved., excluding .maintenance activities. Any such activity :that ceases operation for one- hundred eighty (180) days or more, or which is destroyed by any means . by fifty percent (50%) or more of its replacement value shall not 6e allowed to recommence operation except in confocmity;with this article. 4.7.0 .GROUNDWATER RECHARGE AREAS 4,7.1 Applicability The requirements of this Section shall apply to the "most.effective° and where specifically indicated the "moderately .effective° recharge areas 'identfied by the r-. SJRWMD. . 4.7.2 Exemptions The following activities or uses are exempt from the provisions of this Section. _ A. The transportation of any hazardous substance through a Groundwater ~ Recharge Area. ~ `B. The use of any hazardous. substance solely as fuel in a vehicle fuel tank or as lubricant in a vehicle. C. Fire,. ,police, emergency medical services, governmental emergency ~ management center facilities, and public utilities. D.. Storage tanks which are. constructed and operated in accordance with the storage tanks regulations as set forth in the Florida Administrative Code. E: . Geotechnicaf borings, where 6oreholes are properlyfilled upon completion of borings. ~ 4.7.3 Restrictions within the "Most Effective" and ."Moderately Effective" ~ Recharge Areas ~A. The following uses shall be prohibited: auto salvage, junkyards, landfills, storage of toxic materials and hazardous. waste, and mining. B. All development shall be designed, constructed and maintained in ~ accordance with the following requirements. . - Ordinance No; 02-1599 IV-15 ~~iprii 2002:. . ARTICLE IV - . ~ R'ESO(dRCE PROTECTION STANDARDS . 1, There shall-be no net reduction in'~recharge volume or quality of v: . _ recharge water. ~ ~ - 2. No wastewater or stormrnrater discharge into sinkholes or deep - . - ~ .injection wells shall be_permitted. ~ ~ . ~.3. .The development shall niaintain the natural surface flow to the - . :maximum extent possible. - ~ . v ~.i . u 'v~ _ U ~ - ~ ~ - ~ - ~ ~ '~i 'u `i . ~...i . ~.i . \..i Ordinance No. 02-1599 IV-11i April 2002, ``i . ART/CLE V ~ ~ . ~ , . SUPPLEMENTAL STANDARDS ~J ^ ~ ~ ~ ~ ~ ~ irk ' ~ 4, ~ T ~ sY A~~~CL~ ~F_ ~ ~F = SUPPLEM~EMTAL ST`` ~ r• 5.1.0 GENERALLY ~ ~ : V-2 5.2.0 (RESERVED) - - V-2 5.3.0 ACCESSORY STRUCTURES ~ V-2 5.3.1 Swimming Pools V-2 5.3.2 Television Dish .Receivers and Antennas V-3 5.3.3. Fences.-.. ~ V-3 r-, 5.3.4 Sheds and Storage Buildings V-4 - 5:3.5 Canopies V-4 5.4.0 SUPPLEMENTAL STANDARDS FOR SPECLFIED V~ r-. LAND USE ACTIVITIES 5.4.1 Salvage Yards.arid Junkyards V-5 5.4.2 Kennels V-5 ^ 5.4.3 Family_ Day Care V-6 _ 5.4.4 Vehicle Sales or Renta4.Facilities - V-G 5.4.5 .Bed aril Breakfast Establishments V-7 ~ ^ - 5.4.6 Adult Entertainment Establishments V-8 5.4.7 Nursing and :Convalescent Facilities . V-8 ~ 5.4.8 Hospitals ~ V-8 5.4:9 Community Residentiai Home V-9 5.4..10 Group Homes V=10 . 5.4:11 Religious Institutions:,, V-40 5.5.0 (RESERVED) V-11 5.6.0. TELECOMMUNICATIQN TOWERS V=11 5.6:1 `:Definitions - V-11 5.6.2 Purpose..: V-12 ~ 5.6.3 Applicabilit~r V-13 5:6.4 Location and Permitted Uses V-14 r, 5.6.5 Development Plan Required V-14 5.6.6 Performance Standards V-14 ^ , ^ _ ~ . ' r-. ~ Ordinance„No.02-1599 V=1 ~ Apri12002 n . ARTICLE V ~ - - SUPPLEMENTAL STANDARDS 'v ' 5.1.0 GENERALLY Certain uses ~ha~ie characteristics that require the imposition.of development. standards in addition to thgse otherwise required:.tiy this; L'DC.~ Such standards are provided for. home occupation• uses, accessory structure~~,- specific land use .activities listed in Section 5.4.0, and temporary uses. -These standards shall _be met.- by. all new . development and redevelopment in the City of !_ongwood. ~ ~ ~ 5.2.0 (RESERVED) i 5.3.0 ACCESS®RY STRUCTURES - ~ A. It is the intent of this Section to rE~gulate the installation, configuration, and - - use of accessoryy structures, and the conduct of accessory uses; in order . to ensure that they .are not harmful either aesthetically. or physically to ~ residents and sun-ounding areas. - ~ ~ B. Generally Any number of different accessory structures~rriay be located on a parcel, - - provided that the following requirements are- met: • 1. An accessory structure m~iy be located on a site where the principal . ' structure is nonconforming ~ d`ue to ~ setback, provided that the accessory structure does not increase the nonconformity. ~ 2. All accessory uses, buildings, 'andstructures shall tie located on the same lot as the principal use. 3. Accessory uses, other than fences located in .compliance with the requirements of Section 5.3.3, shall riot be located in any~required .v v setback, buffer area, parking, or stormwater management area. 4. Ari accessory use shall nneet all site design requirements for the .land use district in which it ~is.located, including;. but -not limited to, height, setback, impervious surface, or location, `except as otherwise noted below. Fences may be located on or .inside the property line. 5.3.1 Svrrimming Po®Is ~ ~ A. Swimming pools, hot tubs, etc., shall maintain at least a seven (7) foot ~ setback from the outer edge of the pool or pool deck (outermost part) to ~ any side or rear property line, arbd shall not encroach into a required front yard setback. Where the swimming pool, hot tub, etc. is not located within ,v a screen or other enclosure, a fence shall be required. The fence shall be ~ Ordinance No. OZ-1599 ~ V-2. ~Apri12002 ~ r~ ARTICLE V SUPPLEMENTAL STANDARDS ~ ~ a minimum of six (6) feet in height, and be equipped with aself-closing ^ ~ and self-latching gate.. Pools, shot tubs, and similar uses shall not be located in public easements or rights-of--way. ~ B. An enclosure of a swimming pool, hot- tub, or similar. use, whether attached or detached from the principal building, shall meet all required front and side setbacks for the land use district in which it is located. The rear setback shall not be less than seven (7) feet. - C: Swimming pools in . opefation within thee. City of Longwood shall be maintained in good working order at all times. This 'includes, but is not limited to.: maintaining an operational pump to circulate the water and proper .maintenance of chemical levels within. the. pool to prevent the ^ ~ accumulation of algae and debris. 5.3.2. Television Dish Receivers and Antennas P?. A satellite dish 36 inches or less in diameter is an accessory use and shall r-. not require a building permit for installation: A satellite dish greater than 36 inches shall require a building permit. ~ . - B. Any -satellite dish; regardless of size, shall conform . to the site design • criteria of the land use district in which it is located, including setbacks and ~ height limitations. . . . r. ~ :5.3.3 Fences A.. ` Any fence located adjacent.to a public right-of--way, private road, or private ~ property .shall be placed with. the finished .side facing that right-of-way, road, or adjacent property. B. No fences or other structures wili be allowed. in easements dedicated for public purposes and maintained by the City: - . C. Fences:. may be placed in private utility easements; provided the owner./contractor signs a .hold harmless agreement with the City of r, Longwood. D. Fences may be located in any front, side, or rear yard. Fences shall not - ' exceed-three (3) feet in height when placed in.a front yard. Fences shall. r-. not :exceed °six (6)) feet in: height in any side or rear- yawl'. Where 'the elevation: of the.lot._results in a six-foot fence being lower than the fence heights on: other lots along the extended properly `lines, then the. fence - height may be increased for consistency. - - ~ Ordinance No. 02-1'599 V-3 ~ ~ 'April 2002 . ~ ARTICLE 0/ ~ • ~ SUPPLEMENTAL STANDARDS ~ ~ ~ - ~ v E. Chain link fences shall not be permitted •iri~ or around front yards. F. Allowable fence materials shall include treated wood, masonry, wrought iron; and vinyl - - G. ~ Fences shall not obstruct visibilit}~ as required in Section 3.8.0. H. Fences and walls on non-residential property shall not obstruct any utility • easement from being accessed by-the City of Longwood. I. Building permits shall be required for all fence installation: Building permit . shall not be required to completer a minor repair of an existing fence. For the purpose of this section the term °minori' shall mean the replacement of i no more than 20% of the existing fence. . ..5.3.4. Sheds: and Storage Buildings _ A. Any number of sheds or storage: buildings may be allowed, subject to full compliance with the standards ot` this Section. B._ Sheds and storage buildings shall not encroach into any required setback. 4:_..- ~ C. Sheds and storage buildings shall not be located within any easement. D. Sheds and storage buildings ::hall be included in any calculations of impervious surface on the site. 'fhe total of all impervious surfaces on the . site, including any. sheds. and storage buildings, shall not exceed the maximum impervious surface standard. established ~for~. the land use district. 5.3.5 Canopies _ ' . A canopy structure used as a carport, boafi.cover, or.other similar use shall not locate within any required setback. All canopies will fully comply with all building :code requirements, such as but nat limited to; wind load standards and . • requirements for anchoring: 5.4.0 . SUPPLEMENTAL STANDARDS FOR;~PEC11=1ED 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: overiay district, or. within. the .corridors' established in Section .3.2.3. However, the uses specfied below have characrteristics that require additional standards to . Ordinance No. 021599 .V-~t. Apri12002 _ u . _ n ~ ARTICLE V - ~ ~ . ~ - SUPPLEMENTAL STANDARDS 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. " - ' 5.4.1 Salvage yards and Junkyards ~ . A. The City shall require a buffer yard D for all such facilities. ~ B. A masonry fence eight (8) feet in height .shall be required to enclose all junkyard or salvage yard facilities. " . r-. C. No materials, refuse or trash shall exceed the height of the fence. r-... .D. No material, refuse or trash shall ~be.located in the front yard:. " E. Salvage yards and junkyards shall not allow automobile salvage operations. " F. Salvage yards and junkyards shall nofi allow storage of hazardous , materials. . 5:4.2 Kennels - A. Commercial kennels are limited to the raising,. breeding, boarding and grooming of domesticated animals..Farm .animals .such as .pigs and chickens or exotic animals such as snakes are expressly, prohibited.. B. All kennels shall be required to-have a buffer yard B, and; shall include a six foot (6') masonry wall. `C. All runs ~shalf be equipped with drains provided .every fen (10) feet and connected to an. approved sanitary facility. . D.. No animal having a disease harmful to humans shall be boarded or `maintained in the facility:. E. No building, or. other structure, nor any outside dog run.,shall be located ~ any ;closer than one-hundred-fifty (150.) feet from any residential use. F. Ariy .allowable outside door run shall.,be designed and include features for odor ahd pest control: ~ ~ . G. ~ No kennel will utilize outside animal runs between the hours of 8:00 p.m. to 7:00 a.m. the next day.: During all .other times no more than three (3) animals. at a time will be allowed in outside :dog runs. H. All new kennels shall provide inside runs with adequate soundproofing to r-, ensure that sound is contained on situ. , Ordinance. No. 02-1599 V-5 Apri12002 . r-, ART/CL,E V . - ~ ~ SUPPLgMENTAL STANDARDS `.i -I. Kennels are required to receive: a commercial kennel license ~from~ the Seminole County Animal Control. Department after receiving a Certificate of Occupancy fromahe City. . ` ~ ~ ~ `i 5.4.3 Family Day Care A. A family day care facility, as defined by 402.302, F.S., .may be permitted within existing residential structures unless nuisance conditions occur. (Refer to nuisance requirements cif the City Code.) B. A state license shall be i:equirE;d to demonstrate compliance with the minimum standards established by the State of Florida- and administered by the Department of Children and Family Services. " . C. A >ecurity fence shall be provid~:d of a type and construction to prevent children from leaving the facility unattended. D. Family day care facilities shall be required to obtain an occupational license pursuant to the requirerrients of Chapter 10 of the City Code. A state license shall be required prior to issuance of a City occupational ~ license. . ~ . 5.4.4 Vehicle Sales mr Rental Facilities ~ _ A. No~ such use shall. 6e located within fifty (50) feet of any property that is designated for residential land use. B. All areas for display or sale sh;~ll be provided with a dust free surface. Such -areas shall not include the parking lots or parking spaces required to meet-the standards of Section 3.Ii.0.~ C: Only motor vehicles, trailers, and marine vehicles that are operable may be sold or leased. D. `Mechanical repairs, body and pa.irit repairs ,are permitted as an accessory use to facilities providing automotive, boat and recreational vehicle sales. Such repairs .shall only be, conclucted within an enclosed building which meets all applicable .federal and state -requirements, including health, safety and fire prevention regulations. ~ - E. AII: property lines where vehicles are displayed shall have installed a ,J permanent guardrail, fence or parking block installed to. prevent vehicles from accidentally rolling from the display area. F. The owner of a new or used .motor vehicle, marine, recreational vehicle .v sage, lease or rental facility or lot shall formulate a plan and inventory for ~ 'v the safe storage of flammable or hazardous materials to be stored or used .Ordinance No. 02-1599 ~ V-E• ~ ~ April 2002 ^ ARTICLE V . ~ . = SUPPLEMENTAL STANDARDS ~J on -the roe The. invento shall- be.submitted to~ the ~ rior to the P p rty.. rY' ~Y P ~ building permit.approval;.aiid.it shall list the~type, quantity and location of r. these materials and be kept current- pursuant to direction provided by the ~ C~' , G. Under no circumstances shall .any vehicles, signs, banners; tents, or other items be stored; parked, displayed, or otherwise placed on public rights-of- way at any time: ~ _ _ . r-, . H. No exterior lighting. shall shine or cause glare on any abutting property. However, adjacent property owners may. prepare. and submit for approval a joint lighting plan. Notwithstanding the provisions of this Code regarding fighting, adjacent.pcoperty owners may propose shared-lighting between the two properties. I. Telephone loudspeakers or paging systems shall not be used or installed, - ~ ~ such that they can be heard on any adjacent property. ~ J. All outside storage and -loatling areas shall be screened from view from adjacent properties. r-, K. No loading or unloading of any vehicles may occur on any public right-of- way or. in any off.-site location, unless prior approval has been received from.the: City of Longwood., ~ ` ~ ~ 5.4:5 Bed and Breakfast Establishments A. A tied and- breakfast establishment is allowable in the Downtown land use district, provided that the:.residential ,character .of the. neighbofiood is maintained. B. The owner of the establishment shall reside in the ,bed, and breakfast establishment.` However; ~ where an individual owns two such establishments; owner=occupancy shall be required in !one establishment; ~ the second establishment shall not'require owner occupancy. C: The number of guest rooms for overnight lodging shelf not exceed five. . ~ D. Breakfast, social events, and activities shall be limited to the lodgers in the facility, and shall not be held out to the general public.: E, .Adequate parking shall. be provided on the site of the bed and breakfast r. establishment. F. .One sign. idenfifying_the bed and breakfast establishment may be allowed ~ and shall be limited to eight (8) square feet...... a G. The allowable sign shall have a color and design consistent with the color ^ and design of the'bed and breakfast establishment. ~ Ordinance No. 02-1599 `V=7 , ' April 2002 - _ ARTICLE V . ~ ~ ~ ~ SUPPLEMENTAL STANDARDS ~ ~ H.. .The conversion of an .existing re:~idential structure to a bed' and breakfast ~ ~ establishment shall retain the residential appearance of the structure., , 5.4.6 Adult Entertainment Establishments . 'v All adult entertainment establishments shall comply with the standards, criteria, and procedures of Section 3.5 of the Longwood City Code. ~ ~ ,v. 5.4.7 (~ursirig and Convalescent Facilities . A. .The minimum lot area shall be one (1) acre. B. The minimum frontage for the sif~: shall be one-hundred (100) feet. C. Rooms or suites of rooms shall not be designed, altered or maintained for housekeeping or family, living purposes; however, full living units may be provided on-site as accessory units to the nursing facility. Such full living units shall meet all requirement:, including density of tFie district in which the facility is located. D_ ~ All nursing and convalescent facilities shall be licensed by the appropriate . 'v State and/or Federal Agency <~nd shall require both county and City occupational licenses. 5.4.8 Hospitals A. The minimum site-area shall be five (5) acres: ~ B. The minimum frontage for the site shall be one hundred (100) feet. C._ . .In order to .ensure compatibility . of hospitals with ~ the surrounding neighbofiood, the maximum :setback requirement for buildings in the SR 434 corridor shall not apply. D. The maximum height for a hospital shall be five stories, except where the following standards are met: 1. Ensure that .adequate fire suppression equipment is currently available in the City of Longwood. ~ 2. For each story over fivE:, the landscaping. requirement shall be ~ increased by five (5) percent. -The increased landscaping may be installed in buffers; perim~:terareas, parking areas, retention areas, or as general landscaping. ~ ~ ~ . Ordinance No. 02.1599 ~ ~ V-fi April 2002 ~ ARTICLE V ~ - . . _ ~ _ SUPPLEMENTAL STANDARDS .5.4.9 .Community Residential Homes (CRH). A.' . A Community Residential Home shall. be licensed by the State of Florida pursuant to 419.001, F,S. . B. Community Residential Homes shall be used only for. the purpose .of providing rehabilitative. or specialized care and may not be used for r-, administrative or related office-type activities other than in support of the facility. r-. C. No counseling or other client services for non-residents are permitted within a Community Residential Homesproject: r, D. Community Residential Homes shall be similar in appearance to the prevailing character of the neighborhood:. °Similar~ means within 125% of the average floor area, building dimensions, height; architectural style, as. _ determined. by color, materials, roof .design, or other architectural features, r-.. :shall be similar to other dwelling. units in the adjacent.area. ~ E. Signs shall conform to the requirements of Article VI. F.. All CRH projects shall `comply .with :.a minimum of the buffer yard A , : requirements and .shall also..include a . six... ((i) foot: high opaque and decorative fence or walla . f-.: G. A responsible supervisory person over the age of eighteen (18) years shall . be on .duty on. the ..premises. at all times while residents are on the ~ ~ premises. Minimum staffing levels required by the state or other licensing r` ~ agency must be maintained at all times. . H. Alf Community- Residential Homes shall: 6e required to obtain a City ~of Longwood occupational license. All . `such facilities shall ~ comply with .applicable local; state; or federal, physical plant and fire/safety standards and shall furnish proof of appropriate county, state, or federal licensure, ~ and applicable, before issuance of a City occupational license. ~ I. No Community Residential Home shall ' be located closer than one- thousand (1000) feet to another CRH, as measured. from property line to property line.:: . J. A building'or dwelling unit to be used as ~a Community Residential Home shall. be at least 750 square feet in area, or, more .where State standards require: . r-, - ~ ~ .'Ordinance::No:02-1599 V-9 ~ ~ Apri12002 r-, - - ARTICLE V . ~ ~ SUPPLEIIItfEAdTAL STANDARDS ~ 5.4.10 Group .Homes . ~ A. A group home, as_ defined in -419.001; F.S., may house six or fewer residents. B. A minimum. of six (6) foot high "wall shall be provided on the side and rear yard. C. There shall-be on-site full~time m,~nagement. ~ D: M'inor'on-site medical services may be provided. - E. Each dwelling unit occupied by the clients shall be: a minimum of seven _ hundred fifty (750) square feet in area.. - ~ . 5.4.11 Religious Institutions - ~ " A. This .Section applies to :establishments that .are: churches, synagogues, or " other places of worship. ~ - i B. Uses and activities. other than 1'~.he primary function of worship shall be considered accessory uses and sha11 be dearly ancillary to the primary function. ~'"Such: uses- and actrv~ities, other than worship, may include religious instruction (such as °Sunday School", .Bible school, or other v ' similar instruction typically associated with the worship activities), offices " to support the establishment, and meetirigapaces: - 1. Child day care, adult daycare, preschool, or nursery facilities may " be allowable where` sucli~ facilities are :not the primary use or activity, and where such use or acfivity~ is operated by the religious _ institution that is the principal use on the site. Where such a facility is the. principal use on thE; site, it shall be subject to the standards . " that apply to commercial o~rinstitutional facilities. ~ ` 2. •Academic-schools may bps allowable -where ~ such facilities are not v the primary use or ~activ~ity, and where such .use or activity is operated by the religious institution that.:is:the~principal use on the . :site. Where such a facility is the principal use on-the site, it shall be subject to the standards that apply to school facilities. 3. Dining .facilities may be .allowable where such facilities are not the primary.. use or activity, ~n+here ~such:"facility is not considered 'a restaurant, and where such facility is operated by the religious institution that is the principal use on the site. 4. A community center, fellowship hall, social hall, recreation hall, or other similar gathering price may be allowable where such facility . is notthe primary use or activity, and where such facility is operated by -the religious institution that is the principal use on the site. u Ordinance No. 02-1599 V-1U April 2002 n - '1' ~ ~ ARTICLE V - SUPPLEMENTAL STANDARDS ~ ' ~ Where such facility is operated as a principal use, it shall be subject to standards~for institutional uses. - - - ' C. Religious institutions `that are .proposed, whether new or .expanded, to include one or more ancillary uses or facilities in addition to the principal r-._ place of worship, shall .:.provide a .parking plan -that ident~es they. parking requirements of each. separate use as well as the proposed parking ratio. The parking plan will identify primary times of parking requirements and demonstrate that joint uses or differing :.peak parking demand will, not result r,_ in~a parking deficiency on the site. D. Religious .institutions that are proposed, ~ whether- new or expanded, to include one or more ancillary uses or facilities in addition to_the principa! place. of worship;. shall. provide, a buffer' yard'' C according to the requirements of Section 3:5.0 of this Code. ' E. Religious institutions,:whether new .or expanded, that, are: proposed in a .residential neighborhood, and will include one or. more ancillary uses or r-. facilities in addition to the.principaf place of worship, shall demonstrate the ' design features and methods tq be .used to ensure compatibility.with.the ~ surrounding neighborhood. F. Religious institutions, whether -new or.expanded, that. ara proposed. in a - residential neighborhood, and will' include one ~or more ancillary: uses or facilities in addition'to the principal place of worship, shall be reviewed by the City Commission to ensure thafthe facility will 6e compatible with. the surrounding neighborhood. 5:5,0 (RESERVED) . - 5.6.0 TELECOMMUNICATIONS TOWERS 5.6,1 Definitions ~ - = ANTENNA shall mean a transmitting and/or receiving: device used in telecommunications that radiates. or captures electromagnetic waves, including. ~ directional. antennas, such "as panel and microwave dish. antennas, and omni= directional antennas, such as wfliPs, excluding radar antennas, amateur radio ,antennas and.satellte earth: stations: CO-LOCATION shall mean telecommunications towers that ,have the .potential to r-.. Mave~ three.,(3). or more carrier antennas located on its r-. ' :GUYED .TOWER shall `mean a . elecommunications tower that is supported, in whole or in part, by guy wires. and ground anchors. ~ - Ordinance No. 02-1599 V-11 ~ - April 2002. r` - u Af~TICLE V SUPPLEMENTAL STANDARDS ~ LATTICE TOWER shall .mean a telea~mmunications tower that is constructed with a series of struts forming a non, solid surface tower, without guy wires standing on and.fastened to an in-ground pier.. ~ . v -MICROWAVE shall mean, a~dish antenna,~~or a dish-like antenna used to link ~ communication sites together by wireless transmission or voice or data. . MONOPdLE TOWER shall mean a tE;lecommunications tower consisting of a single pole or spire self-supported by a permanent foundation, constructed . .without guy wires.with ground anchors. - ~ PANES ANTENNA shall;_mean an array or antennas designed to_concentrate a radio signal in a particul~ar:area. STEALTI~ FACILITY shall .mean any telecommunications facility, which is designed to blend'irito'the"surrounding environment. Examples of stealth facilities . include architecturally screened roof-mciunted antennas, antennas integrated. into . architectural elements, and telecommunications towers designed to look like light poles, mono-power poles or trees. `J ~ TELECOMMUNICATIONS .TOWER shiall mean a monopole `tower constructed as a freestanding structure greater tlianthirty-five (35) feet and no more than on ~ hundred . sixty-fve (165) ~ feet in height . inGuding antenna, which support ~ communication, transmission or receiving equipment..The term includes towers for the transmission or receiving television, AM/FM radio, digital, microwave, cellular telephones, or similar forms of electronic comrunication. The term excludes .radar towers, .radio support structures licensed ...by the FCC, _ transportable communication devices, private home use of satellite dishes and television antennas and satellite earth stations. WIMP ANTENNA shall mean a cylrndri~cal antenna that transmits signals in three hundred sixty degrees (360} degrees. 5.6.2 Purpose It is the purpose of this Section to address the recurrent issues pertaining to the approval of telecommunications towers _ upon parcels located in the City of Longwood. Therefore, the City Commission finds that the promulgation of this Section is warranted and necessary.. . A. Tv protect residential .areas and land uses from the potential adverse impacts of telecommunications towers when placed at inappropriate _ locations or permitted without adequate controls and"regulation consistent . with the provisions of law; ~ . . - Ordinance No. 021599 V-12 ~ April 2002' .J r-. _ ~ ARTICLE V ~ , - - ~ . SUPPLEMENTAL STANDARDS B. To minimize the adverse visual impacts resulting from telecommunications towers through sound and .practical design, siting, landscape screening, and innovative camouflaging techniques all in accordance with general acceptable engineering and planning 'principles and the public health, safety and welfare; C. To avoid potential damage to adjacent properties :through sound engineering and planning and the prudent and careful approval of r. telecommunication tower~sites and`structures; D. To encourage shared .use%o-location of existing and new telecommunications. towers (capability of having space fore three (3) or . ~ .more ~ carriers)' to ~ avoid p~olife~ation. of towers throughout the City of Longwood; ~ E. To fix a fair and reasonable compensation; 'by resolution of the City commission, to be paid to the City for the privilege to locate a telecommunications tower in the City and' defray .the administrative costs of. reviewing. the applications: Also; a fee shall= apply separately to each 'antenna user on.the tower~o~ other. support structure. Fee rates shall be ~ renegotiable when contract expires. 5.6.3 Applicability A. Anew telecommunications towels and antennas in. the City of Longwood shall be subject to these regulations and all other applicable regulations. For purposes of.measurement, telecommunications towel- setbacks shall be calculated and .applied to facilities located in the City ~ of. Longwood, irrespective of other municipal'and county jurisdictional boundaries. B. All new communications antennas (i.e:, stealth . 'rooftop or building. ~ mounted antennas), which are not attached to telecommunications towers, ,1 shall.comply with Section 5.6.6. ~ . C. All telecommunication towers approved and /or permitted at the time of r-., adoption. of this L'DC shall be allowed to continue their .usage as they presently .exist. Routine maintenance shall be permitted on such existing ' ~ towers. New construction other than routine maintenance or addition. of co-location .antennas and equipment: on an existing telecommunications tower shall comply with the requirements of this Section. D. For purposes of implementing this Section., a telecommunications tower that has received City approval or a building permit, but has not yet been _ ~.1 Ordinance. No. 02-1599 V-13 ~ ~ 'April 2002 ARTICLE V . ~ SUPPLEMENTAL STAINDARDS constructed, shall be considered an existing tower so long. as such approval is current and not expired. ~ . . ~ - ~ . ~ 5.6;4 Location And Permitted Uses - ~ . A. Telecommunications towers shall be a potentially permitted use in the areas as set forth in Table 5.6.7. B.~ A monopole shall tie -the pemuitted type of telecommunications tower within the City of Longwood. Ste~ilth-designed: monopoles. are preferred by the City. ~ - ~ ~ ~ . ~ . - r C. Sites potentially. eligible for telecommunication tower locations shall be:_ v, 1. Located as far as possible from residential property (and at least the.minimum set forth in tf 1is.Section); and- 2. Erected to a height that is~~ .the minimum height .necessary to - technically serve the applicants .needs, but not'exceeding the ~ lesser.of one. hundred sooty-five. (16.5) feet or a .height calculated f based on a tower setback of one hundred twenty-five (125) percent of the tower height measured at grade from the base of the tower to the closest residential property line; and. . - ..5.6;5 ®evelopment~,Plan Required I 'Any telecommunications company or entity .that intends to install a telecommunications. tower in the City shall fle ~a development plan as further ~ described in Section 10.2.0.. 5.6.6 PerFormaroce Standards .v A. Setbacks ~ . ~ . 1. Telecommunications towE;r setbacks shall be measured from the . ~ ~ ..base .of the tower-to the property line of the parcel on which it is located.. 2. ~ The required setback from the. property line shall be as shown in Section 3.2.1. or'as listed below: . ~ - Ordinance No. 02-1599 ~ ~.V-1~~ Apri12002 ~ ARTICLE-V SUPPLEMENTAL STANDARDS B. Separation of .towers from- off-site-uses used to calculate maximum r-~. ~ tower height standards. ~ ~ - - :1. .Separation distances between telecommunications towers and the lot line of any_ residentially designated.. or -used. property shall determine the maximum ,height of a proposed. tower. The maximum ~ height of. any tower shall .not. exceed one hundred sixty-five (165) . feet provided-however that the distance from the tower base to the ^ ~ nearest lot line of residentially designated or used property shall-be a maximum of one hundred twenty-five .(.1.25) percent of the tower ~ height standards (Section 3.2:1) but in "no case 'less than one- hundred (100) feet. ~ 2...... The separation distance. required between telecommunication ^ towers_and the lot line ofany:commercial or.industrial property shall be not less than thirty-three {33) percent of the tower height. C. Height ~ 1. Measurement of. telecommunications .tower heighf shall include antenna; base .pad, and any and all .other appurtenances and shall ' be. measured from the finished grade of:the parcel on which the _ felecomrinunications tower is located. r. 2.; Telecommunications towers shall not exceed:on hundred sixty-five (165).feet in height-which shall include the antenna. . D. - -Illumination Telecommunications .towers shall not .be: artificially lighted except to assure human safety as required by the Federal Aviation Administration ~ (FAA). r-. E...:.. .Finished color : _ ~ 1. Telecommunications towers 'not .requiring, FAA paintinglmarking shall be of such color -that. will. blend;~with the surrounding environment and approved 6y'the City of Longwood. _ ~ F. Structural Design 1: Telecommunications towers shall be constructed in accordance ^ with the EIA/TIA.222=E. Standards as published by the Electronic fnd,ustries ..Association, which may be amended from time to time, ^ Ordinance:No.02=1599 V-1'5 ~Apri12002 . - ~ ARTICLE V ~ ~ . ~ ~ SUPPLEMENTAL STANDARDS ASCE 7-95, "Minimum Design Load for Buildings and Structures," (Wind Loads Chapter), a:~ published by the~Ainerican Society of Civil Engineers, and further dehned by ASCE. 7-88, "Guide to the Use:of the Wind Load Previsions", both of which may be amended from time ~to time, and all City of .Longwood construction/building 'v~ codes as indicated in a statement signed, sealed and dated by a _ professianal engineer licensed to practice in the State of Florida. Such statement shall:alsci describe the tower's capacity, number and type ~ of antenna it can -accommodate. No' tower shall be permitted to exceed its lo~~ding capacity. For all towers attached, to - . existing structures, the statement shat!• include certification that the structure can support the load imposed by the tower. ~.2. All new telecommunications towers, and those existing towers to be . - - . modfied, shall °have the capability of'having space for three (3) or mace carriers. Tower owners •shall accommodate other antenna users on their towers as requested and at a fee which is standard in the industry. . 3~: Further, any~irnprovements and/or additions (i.e., antenna, satellite .v - dishes, ~ etc.) shall. require submission of a development plan ~ . signed, sealed and dated by a professional engineer licensed in the ~ ~ State of Florida which-.provides. substantial competent evidence of compliance with the EITlTIA 222-E Standards ASCE 7-95, . ~ "Minimum Design Load for Buildings acid Structures,° (Wind Loads ~ Chapter), as published by the American Society ~of Civil Engineers, and further defined by A~~CE 7-88, "Guide to the Use of the Wind Load Provisions,° both which may be amended from time to time, in ,v effect at the time~of said iniprovement or addition. G. signage 1. No commercial. signage. or advertising shall be permitted on a telecommunications tower unless otherwise required by law or the - signage pertains .only to the posting of the property relative to `J trespassing. The use of any' portion or perimeter fence/wall for signs for advertising purpr~ses, including company name, banners, . streamers, etc., shall be prohibited. H. Fencing 1. A vinyl coated chain-link i~ence•or masonry wall not less than eight (8) feet in fieight from finished grade shall be installed by the v Ordinance No. 02-1599 ' V-1 i3 sprit 2ooa ~ ARTICLE V ~ , ~ ~ . ~ SUPPLEMENTAL STANDARDS ~ applicant around each telecommunications tower. Three strands of barbed wire or. other fencing .method to prevent unauthorized ~ .access to the tower, not to. exceed two (2) feet in height, shall be installed.along the top of the fence.or wall, but shall not be included when calculating the height of the fence or wall r, . . 2. Access to the tower through the fence or wall shall be through a . gate which shall be locked at .all times the; tower site is not being occupied by .the person ~:.or. entity in charge of the telecommunicationstower orsite: I.. Landscaping ~ ~ 1. The. visual -impacts of.a telecommunications tower shall be migrated for nearby viewers through landscaping or other screening _ materials at the base of the: tower and. ancillary structures in order to maintain visual aesthetics for those who may view the site on a' r. regular basis including, .but not ~ limited to, proximate residents and ' the traveling public. The following landscaping and buffering standards shall apply to land around the perimeter of the tower and accessory structures; a. A row of shade trees, with a minimum of twelve (12) feet tall ~ ~ and which will .reach heights of forty (40) plus feet, three (3) inches in caliper, measured 1 ° above grade and a maximum of thirty-fve (35) feet apart, shall be planted around the ~ ~ outside perimeter of the fence/wall; - ~ - b: . A continuous= hedge shall be planted fen~(10) feet away from the tree liner referenced above. The hedge shall be at least eighteen (18) inches high at planting and capable of growing to at. least.thirty-six (36) inches in height•within eighteen (18) months; r-. c. All landscaping: shall be of the evergreen variety .being a minimum quality of Florida.No,1; ~ . d. AII. landscaping shall be properly maintained by the telecommunications tower owner/operator to ensure good health and viability; and e. Existing vegetation shall be.'preserved to the maximum ~ extent practicable and may be used as a substitute or supplement towards meeting landscaping requirements. ~ . . n Ordinance No. 02-1599` V-1.7 April 2002 ARTICLE V . ~ - ~ SUPPLEMfF111TAL STANDARDS ~ - . ~ - f. -The landscaping rE:quiremerits may- be modified if the site . . _ ~ cannot be generally viewed by 'proximate residents and/or ;v . the traveling public. ~ ~ , . - J. Antennas on buildings 1_ Stealth. rooftop ar building mounted antennas shall only be - allowable after buildout to three °(3) co-locations on each of the tower sites .indicated in Section 5.6.4. Alter buildout occurs, then . stealth rooftop or building mounted antennas may be erected. Any stealth rooftop or building mounted antennas which are not attached to a telecommunications tower`;. shall be a permitted ancillary use to any commercial, industrial or publiGinstitutional land uses indicated on the Future- Land Use Map. - a. Antennas shalt only be permitted on buildings which are at' -least fifty. (50) feet in height (the height requirement may 6e waived if public safE:ty needs warrant the antenna); . b.~ Antennas may not ~,xtend more than twenty (20) feet above. the highest point of a roof (this requirement may be waived if . public safety needs warrant additional height); _ - c. Equipment buildings shall be located orscreened to ~ . minimize the .visual impact, of the building upon adjacent properties and shall be of a material or color v+rhich.blends ~ into the surrounding areas; ~ . d. No commercial advertising shall be allowed on an antenna . ~ or supporting~structure; ~ e. No. signals, lights; illumination shall be permitted on an . antenna or equiprnent building unless required by the Federal Gommunic<3tions Commission (FCC) or the Federal . Aviation Administration (FAA); and _ f. Unmanned equipmf:nt buildings shall not contain more than aeven hundred -fifty (750) square feet of gross floor area or . :.be more.-than twelve (12) feet in height. All building shall be subject to regulations 'of the Building Division of the ~ . Department of Comimunity Services. . ~ - Ordinance No. ®2-1599 V-18 ~ ` Apri12002 . ~ ' ARTICLE V - - SUPPLEMENTAL STANDARDS K. ~ Equipment Storage. : , ~ ~ Mobile..: or immobile equipment not used in...::direct support ~ of a . ~ ~ telecomrriun'ications tower facility shall not be~ stored or parked on the site - _ of. the .tower unless. repairs to~ the .tower are being made, or are in - . ~prog~ess. ~ _ L.. Schedule of-Structural Inte n 9~tY.. r-. ~ 1. :...Telecommunication tower ownerloperators.. shalt submit to the City ~ a, certifed statement. from a qualified, :registered, professional ' . engineer,. licensed in the State of Florida; attesting to the structural ^ ~ ~ and electrical integrity of the~tower on the.following schedule: . . ~ a. All towers examined.one year~after initial construction; ^ b.. All towers examined everyfive~(5) years; and , c.. The City: may:-require: such certified statement after a nearby unusually sever storm event as determined by the (NOAA) national weather service. . - J M. Transmission1Reception IntecFerence ~ Each application to allow construction- " or ~ modification of a telecommunications -tower shall. include ~ a .certified statement from a ~ qualified, registered, professional engineer, licensed in the State of Florida, attesting that the construction of the tower;~including receiving and transmitting ....functions; :.shall not interfere : with public safety ' . communications and the usual and. customary transmission or reception of radio, television, etc.; service enjoyed by adjacent -residential and non- - residential properties. - . ^ _N. Prohibitions With. Certain Principal Uses Telecommunications. towers are' .prohibited when a proposed or existing principal use includes..the. storage, distribution, ~or sale of volatile, explosive, or hazardous wastes such .as LP gas; propane, natural gas, and corrosive or dangerous chemicals. O.. Co=location of Telecommunications Antennas 1. The City of Longwood desires.-.to minimize the number and general proliferation. of.telecommunication towers. `This Section is intended to insure that telecommunication towers that -are permitted within ~ the City of. Longwood are utilized in a manner that- provides for the Ordinance No. D2-1599: ~ V-19 Aprii 2002 ARTICLE V ~ . - - ~ - - SUPPLEAtIE1VTAL STANDARDS ~ - maximum number of service providers upon each tower within the context of technical feasibility and safety. Further, this Section is - ~ intended- to minimize the -number of-such towers withiri the City. Specfically, as a minimum; telecommunications towers exceeding - one hundred (100) -feet in height shall be engineered and -constructed so as to accommodate three (3) communication ~ providers. The City shall -have the authority .to require, specify and otherwise stipulate that tE:lecommunication towers be engineered and constructed. in a manner that provides for. three (3) co-locations as part of the approval processes. As a condition of approval of all telecommunication tower:c and to the extent that co-location is - - technically feasible:, all ~owriers of existing telecommunication v - towers- shall, upon requESfi of another service provider and for reasonable and agreed upon consideration, permit additional communication service providers upon such existing . - telecommunication tower. Applicants .desiring to construct new telecommunicatiori towers shall submit written documentation that - clearly explains the need for and the reasons for the proposed construction of new telea~mmuncation tower rather than locating - proposed antenna array/communication equipment upon an existing tower. Such documentation shall include plans of .existing and future towers by- the applicant/provider in question, correspondence with existing telecommunication tower owners and may include a cost analysis of alternatives. - Existing seivice providers,'e.g.; existing-te~lecommunicatiori tower owners, that are unwilling, upon request of another service provider, to allow co- :location upon -such existing -tower, shall submit written documentation to the City-with reasons and justifications as to why - such co-location cannot be accomplished. Competition between - .service: providers: shall not be considered to be a valid reason for v ~ preventing or otherwise obstrucfirig co-location. The City shall ` determine whether the applicant and/or existing .provider are `J reasonable and correct in their respective assertions. If the City v - - . - determines that either party, is being unreasonable or otherwise - uncooperative, the City shall deny the applicant`s request for a new tower and/or the City may cause the existing telecommunication tower's approval to be revoked and said existing tower to be 'v removed. Such determin~~tion involving an existing tower owner shall be made in writing acid adopted by a majority vote to the City - Commission, upon holding anadvertised `public hearing and notification of the owner at least fifteen (15) days prior to such hearing. Upon -adoption ' of such determination by the City - Commission, the :existing tower owner and the property upon which - such tower.-: is located shall be considered: to be a violation of the - ~ - Development Code and shalt be subject to any and all remedies ~ Ordinance No. 02-1599 b-2Q~ ~ April 2002 - ARTICLE V . ,,1 ~ ~ ~ . ~ ~ SUPPLEMENTAL STANDARDS ~ and penalties thereof, including but not limited to action pursuant to Chapter 162, F.S., or an action at law or in equity requiring removal of the tower and. damages, including attorneys fees. 2. To minimize adverse visual impacts associated with the proliferation and clustering of ,telecommunications towers, co- . ,location of ~communications~ antennas by more than one (1) carrier ' on existing or new telecommunication towers shall take precedent ~ .over the construction of new single-use telecommunications towers as follows: a. Proposed communications antennas shall co-locate onto existingaelecomrnunicationstowers. .:b., A~ telecommunicationstower thaf 'is. reconstructed to ' accommodate - ~ .the . oo=location ~ of an additional communications antenna shall be of a monopole tower type. . c. Height. An existing telecommunications tower may be ~ modified oi• rebuilt to the allowed height including antennas by compliance with this Section. P.. Certifcation of ~ Compliance with Federal Communication Commission (FCC) NIER Standards Prior to receiving final inspection by the City of Longwood, documented certification shall be submitted to the FCC, with copy to the Administrator, certifying that the telecommunications facility complies with all current FCC regulations, including non-ionizing electromagnetic radiation (NIER). Q. Abandonment 1. In the event the use of any telecommunications tower has been discontinued for a period of one hundred eighty (180) consecutive days, the tower shall be deemed to be abandoned. Determination of the date of abandonment .shall be made .by the Administrator who shall have the right to request documentation and/oc affidavits from the telecommunications tower owner/operator regarding the issue of tower usage.. The .telecommunications tower owner/operator shall provide all requested information within ten (10) working days of a .request being made, and failure to so provide shall be deemed to constitute one hundred eighty (480)' days ~ of non-use of the tower. Upon such abandonment, the owner/operator of the tower shall have an additional ninety (90) ~ Ordinance.No:02=1599 V-21` Apri12002 v - ~ ARTICLE V . SUPPLEMENTAL STAND~4RDS days within which to: ~ ,v a. Reactivate the use of tower or transfer the tower to another _ - owner/operator wha-makes actual use of the tower; or - b. Dismantle and remove- the tower:-With regard to towers that. received special:.exceptional approval, ninety (90) days after v; - - .dismantling .or the- expiration of ahe two-hundred seventy (270) day period pis set forth in this Section, the special exception andlor v,~riance for: the tower shall automatically expire. 2. The City. of Longwood, upon abandonment, may require the owner v to dismantle the tower at i:he owner's expense. If .the decision is to dismantle the tower,' .the-~ property shall be cleared of a!I . appurtenances and.retumf=d~to~its natural state at grade level. ~ ~ - 3. An appropriate surety irustrument shalt be provided to assure ~ F dismantling costs shall=beg provided by the owner prior to a tower construction permit:.. - - , - . . - ~ . - - ,v; - ~ - . ,v ,v; . - . - ~ Ordinance No. 02-1599 V-22 April 2002 v r, ' ~ ARTICLE .Vl . ~ ~ - SIGN REGULATIONS AR-r~etE~ - - - - StGN=REGUL.~IT~OHS; 6.1 A GENERAL PROVISIONS - ~ VI-3 ~ 6.1...1 Purpose and Scope of Sign Regulations ~ - VI-3 6:1.2 Applicable Land Use District VI-3 . 6.1..3 No Defense of Nuisance Actior4- ~ ~ ~ " . VI-3 ~ 6.1.4 Definitions VI-4 - 6.1.5 Measurement Determinations " - VI-42 ~ .6.1.6 Nonconforming Signs VI-13 6.1.7 IUegal Signs VI-14 ~ 6:1:8 ~ Size Limitations VI-14 6.1.9 Interpretation VI-14 6:1.10 .Content of Signs Vi-14 6.2.0 PROHIBITED SIGNS VI-14 6.2.1 Generally ~ VI-14 ~ 6.2.2 Specifically VI-14 ~ 6.3.0. PERMITTING REQUIREMENTS VI-17 ~ 6.3.1 Fees VI-17 6.3.2 Exempt Signs ~VI-1T 6.3.3 Permits Vl-18 6.4.0 PERMITTED PERMANENT ON-SITE SIGNS VI-20 6.4.1 Sign Types Allowed VI-20 6.4.2 Permissible Number, Area, Spacing,~and Height of Permanent Signs ~ VI-20 - 6.4.3 Permitted Signs in. Land Use Districts VI-21 6.4.4 Specially E2egulated.Signs VI-22. 6.5.0 OFF-SITE SIGNS VI-26 6.5.1 Generally VI-26 6.5.2 Design Requirements VI-26 . 6.5.3 Location Requirements VI-28 6.5:4 Posterboard Type Off-Site Signs ~ VI-29 r, 6.5.5 Permit Requirements - VI-30 " 6.6.0 TEMPORARY SIGNS VI-31 ~ 6:6.1 Generally ~ VI-31 6.6.2 General Design and Location Standards VI-32 " 6.6.3 Specific Types of Temporary Signs VI-32 r-\. Ordinance No. 02.1599 VI- 1 - ApriF2002 ARTICLE 1/I SIGN REGULATIONS 6.7.0 DESIGN, CONSTRUCTION, AND LO(~ATION STANDARDS ~ VI-37 6.7.1 Generally ~ ~ ~ ~ VI-37. ~ 6.7.2 Illumination ~ ~ VI-37 6.7.3 Placement VI-38 v 6.7.4 Height ~ VI-39 `v 6.7.5 Format for Multiple-Unit CentE~rs ~ ~ VI-39 . 6.7.6 Maintenance ~ - ~ VI-39 ~v 6.8.0 COMPLIANCE AND ENFORCEMENT' VI-40 ~ 6.8.1 Permit Required VI-40 6.8.2 Removal of Illegal Signs ~ VI-40 . . ' . ~ _ ~ ~ . . . ~ - ~ _ ~ ~ ~ Ordinance No. 02-1599 VI- 2 ~ April 2002 `.i ^ _ = ~ ~ ARTICLE VI ~ ~ ~ ~ ~ SIGN REGULATIONS 6.1.0 GENERAL PROVISIONS 6.1.:1 Purpose and Scope of Sign Regulations The regulations and- requirements set forth ~ herein are adopted for the, following " :.purposes: _ r--., - - . r~ ~.A... ~ To~ preserve, protect and• promote the .,public. health, safety -and welfare and general esthetic quality of the City. of Longwood; . • ^ ~ ~ .B. To enhance the- economy and the business and industry of the .City of Longwood ..by promoting: the .reasonable; .orderly: and effective display of ~ . _ signs, and.encouraging better communication with the public;: . C. To enhance the physical appearance of the . City of Longwood by ~ . ~ preserving.the scenic and .natural beauty of the area; . . _ - D:.. To protect the general pubGc.:from damage and injury caused by the faulty and uncontrolled consttuction.and use of signs within the City; E. To reduce sign or advertising distractions• in order. to protect pedestrians ^ - ~ ~ and -motorists from::-damage or. injury. caused:.by the distractions, obstructions, and hazards~that may.increase traffic accidents; ~ ~ F. To protect the .physical =and .mental well-being of the general public by recognizing.. 'and -.encouraging - a sense . of esthetic appreciation for the visual environment; . ^ , G. To preserve the value of priva#e_ property~by assuring;the compatibility of signs with surrounding land uses: ~ . ~ - . - . . ~ ,6.1:2 Applicable: Land:.Use Districts . The- following regulations_.shall :apply .to -all land .use districts of the City of Longwood. The- Department shallreview all :Sign Requests and/or Permits for type, location, and requirements. ^ ~ 6.1.3 No Defense toNuisance Action „ Compliance with ahe requirements of :these .regulations shalF not constitute a. ;defense to. an action brought to abate a nuisance under'the common law. ~ . . ; . . i i ^ - Ordinance No. 02-1599 VI- 3 ~ - • ~ April 2002 ^ ~ . _ _ ~ ARTICLE' Vl ~,J ~ ~ ~ ~ SIGN REGULATIONS ~ . 6.1.4 Definitions ~ ;J Advertising: sign copy.intended to dire~ctly,~orindirectly, promote the sale or use `J of a product, service, commodity, enterti:iinment, or real or personal property. A-frame or Movable Sign: A sign noi: secured,~.not attached to the ground or which is.free of strictures or supports upon the ground.. ~`J Animated Sign:. (see and. note diffej-ence from changeable sign) A sign or display manifesting either kinetic or illusionary motion occasioned by natural, manual; mechanical, electrical;:.or other means. Animated signs include the following types: v A. Naturally Energised: Signs whose motion .is activated by wind or other atmospheric impingement. Wind-driven signs include flags, banners, pennants, .streamers, spinners,: metallic disks or other similar devices designed to move in fhe wind. B. MechanicallyEnergized:. Signs manifesting ~a repetitious pre- .programmed physical mo~iemerit orrotation in either one (1) or a series of planesactivated Poy. means of rechanically based drives. .v i . C. ~ :Electrically Energized: Illuminated signs whose motion or visual _ ~ -impression of motion ~ is activated primarily ..by electrical means. Electrically energized animated signs are of two (2) types: 1:. Flashing Signs: ~ Illuminated signs exhibiting ~ a pre- programmed .repetitious cyclical interruption of illumination from one (1) or more sources in which the duration of the period of illumination (on phase} is either the same as or less than the duration of ttiis~ period of darkness ,(off phase), and ~ 'in which the intensity of illumination varies from..zero (off) to ~ one-hundred ~ perce~nY~ (100%) (on) during the programmed cycle. 2. Illusionary Movement Signs: Illuminated signs .exhibiting the illusion of movement . by means of -a. pre-programmed repetitious sequeni:ial switching action in which illuminated v elements of the sign are tumed~ on ~oroff to visually simulate the impression of rnotion characteristic of chasing, running, blinking, oscillating, twinkling, scintillating, or expanding and contracting light paltems. . ~ Ordinance No. 02-1599 !/I- 4 ~ - April 2002 ~ ~ , ~ - _ _ ARTICLE Vl - ~ .SIGN REGULATIONS ~ - . Attention-getting. Device: --Any- pennant, flag ~ (other-than chose .identified in - Section .6.4.4E,.-valance,: banner, .propeller; -spinner, ~streamec, .searchlight, ~:balloori;~ or similar device or ornamentation designed for or having the effect "of r.,- attracting attention., promotion oradvertisingwisible from public right-of--way. '1` Banner Sign: ~ A sign having characters,' letters, illustrations or ornamentation . ..applied to .cloth, paper or fabric, of any kind, including foil. Bench/Bus Shelter= Sign: A :bench or. bus shelter upon which asign. is-drawn, painted, printed, or' otherwise affixed thereto, as .further described in Chapter 337:.408, FS: . - . - - - Billboard Sign: See Off-Site Sign. ~ Building Frontage:~ The linear-length:of a buildingfacing the-;public right:of--way. - - - - - Building Sign: A sign displayed upon.or attached to-any part of the-exterior of a - building, including, but not limited to, walls; .windows, doors, parapets, awnings, marquees and mansards. - - - . - ' Canopy or-Marquee: A structure, other than an awning, made of cloth, metal or other materiah with-fumes attached to ~a building and ~ carried. by :a frame which may be supported by the ground. `-1 r. `Canopy: Sign: - -Any sign attached to or constructed in -or .on ~a canopy or ^ -marquee.- - - - Changeable Copy Sign: A sign- on which the ~ copy -may be manually or electronically changed from time to time by use of changeable: letters or panels. - Community Information Sign: -A bulletin board for public--awareness ..announcements, containing no commercial advertisement. Construction. Sign: A sign, individually or jointly erected and maintained on the premises while undergoing construction by an architect, contractor, developer, finance:organization, - subcontractor ~ or materials vendor upon which ~ property - -.such individual is furnishing labor, services~.andZor material. - - Copy:- Shall mean wording, symbol or message cn a sign surface either in permanent or removable letter form. Cutout: An extension -of the permitted area of a ~ billboard to permit more creativity in the copy. ~ - Ordtnance No. 02-1599 VI- 5 ~ Apri12002 ARTICLE VI - . ~ SIGN REGULAT/OnIS ~ .Directional Sign: ~ A. sign providing direction or instruction and located entirely on the property to which it pertains and .does .not advertise. a business, such ~ signs including ~ but not limited ~ to,: directions : to ~:restroorns; public telephones; waltcways; .parking lot entrances; entrance or exit signs. ~ ~ Electric Sign:,~Any sign containing elecfi:ric wiring: Electronic Message Center (Automa.tic): A sign on which copy changes automatically on a.lampbank or through mechanical means.. ~ . ~ Embellishment: Letters, figures, characters, or representations,in cutouts, or irregular forms, or similar ornaments, attached to, or superimposed upon the sign. : - Erect A Sign (Erected): To. consti~tict, reconstruct,' build; relocate, raise, assembly, place, affix attach, create, p,aint,. draw or in any other way bring into being or establish;'-but~it shall.:not include-:any of the.foregoing:activities when performed as an .incident to.the change of message, or routine maintenance. Exempt Signs: Signs exempted from normal permit requirements. ~ . Face of Sign: The part of a sign that is or may be used for copy:. . . Flashing Sign: Any sign which contains an intermittent or flashing light source, or which. includes: the illusion of intermittent .or flashing light by means of animation, or an externally mounted int~:rmittent light source. Automatic changing - signs such as public service, time,. temperature and date signs or electronically `J . - ~ controlled message.centers.is not classed as flashing signs.- . Freestanding Sign: A sign placed, not supported permanently, upon the ground ~by poles or braces and not attached to .~ny.biailding:. `J _ Frontage: The length of the property line of any one parcel along a public right- of way on which it borders. Future (Land User The.: categories or . designation.: adopted :as .part of the Longwood Comprehensive Plan. The Future Land .Use categories are identified on the Land Use Map,or Future Land Ilse Map Series of the City Comprehensive Plan: ~ ~ . Garage Sale Sign: A sign that Identifies a point of sale of primarily personal items... Ordinance Ho. 02-1599 Vlr 6~ ; _ ~ April 2002 u - ' _ - - ~ ARTICLE VI SIGN REGULATIONS - _ Government Sign: Any temporary or .permanent sign erected and maintained by the ~°city,- county; state, . or federal. government, ~~for. traffic- din~tion, or for designafion.of; ar direction~to,~ any; school; hospital; special event, historical site, or public service, property or facility. . Ground-Sign: A sign. having no more ahan two~~ (2) faces that is supported by ~ . one- or -more columns;: poles, or' braces :extended from -the ground or from an object~on_the ground, or that.is-erected~on .the :ground, where. no-part=of the sign is attached to any,part of a building. ~ ~ ~ - ~ ~ ~ . Guide Sign: A sign :which shows route designations, destinations, directions, ~ ~ ~ ~ .distances, services, points . of interest, and .other geographical; recreational, or cultural information: ~ ~ ~ ~ . - Harmful to Minors: 1Nith regard to sign content, any description or ~ ~ representation, in whatever form, of nudity, sexual conduct; ~or sexual excitement, when it: ~ - . r. - ~ - -1..: ~ predominately appeals to' the prurient, shameful, or morbid interest - ofminors in'sex, and - ~ - 2. is patently offensive to contemporary standards in the adult ~ - - -community as a whole with respect to what is:=suitable-sexual material for minors, and - ~ . 3. taken as a whole, .lacks serious :literary;. artis~c, political, or r.. - scientific value.. r-. 4.- -The term "harmful to minors" shall also include any` non-erotic word or picture when it: ~ ~ - . 5. is patently offensive to contemporary standards in the adult. - ~cornmunity'as° a_whole with. respect to what° is suitable for viewing by minors, and _ ~ = j , . . . 6. taken as a whole, lacks serious literary, artistic, polfical, or r-. scientifc value.: ~ Identification Sign: is a sign that': is located on property` personal or real that identfies :a .place that is residential and7or non-residential.: " - Illegal. Sign:: A signwhich does not meet the requirements of this Code and r-~ which has not received nonconforming status. - ' Ordinance No. 02-1599 VI- 7~ ~ - Apri12002 . ~ ARTICLE V! . ~ ~ ° = _ SIGN REGULATIONS ~ Illuminated Sign: A sign which is~designed or arranged to :reflect light~from an artificial° source including indirect lighting, neon; incandescent lights, back- ~ .lighting, and shall also indude signs with reflectors that depend upon automobile headlights for an image. ~ ~ ~ ~ ~ 'Imminent Danger or Dangerous Sign: A sign.of imminent.danger is a~sign that is in such disrepair or condition. that it poses an immediate.threat or appearance . ~ . of threat and. impending injury to the fiealth or safety of the general public.. A sign requiring removal or constant attern~ance to identify the' danger to the unsuspecting public prior to removal. Incidental Sign: A.small sign, emblem, or.decal informing the public of.goods, facilities, or services available on the premises, e.g., a credit card sign or a sign indicating hours of business, not intendE:d to be read from public right-of-way. .v . Land Use: The~development,.activity, or use that has occurred on or.is proposed for the land. Maintain a Sign: To .keep a sign- and/or .its supporting structure in its "like° original condition, including but not limited to ~structural~soundness and in good appearance. ~ ~ Mansard:: ~ A sloped roof or ~ roof-like facade architecturally comparable to a building wall. ~ . ~ Marquee: See CANOPY. ~ _ ~ ~ . ~ Master Sign Plan: Shall consist of a comprehensive sign plan for multiple-unit ..centers, to be reviewed and approved by the City prior to installation of signage, including out parcels. ~ Memorial Signs: A sign erected as. a remembrance of a person; event, building, • . -and dates of erection .when cut into any masonry surface or when constructed of ~ bronze or other incombustible material:; and attached to the. surface of a, building or monument. ' Menu Sign: A sign commonly used for drive-through facilities. ~ Multiple-unit Centers: A commercial use, i.e. any use other than residential or agricultural, consisting of. a parcel of property, or parcel of contiguous properties, existing as a unified or coordinated project, with a building or buildings housing . .three (3). or more occupants utilizing a common building entranceway or parking area. ~ Nameplate Sign: Anon-electric flat wall sign identifying only the name and occupation or profession of occupants of premises on.which sign is located. Ordinance No. 02-1599 VI- 8` Apri12002 ~ - ~ ARTICLE Vl _ - - , _ ~ SIGN l~EGULAT/ONS ~ ^ - _ -Nonconforming .:Sign: Any advertising structure' oraign .which was lawfully .:erected and maintained -prior to such time as it came. within the Purview of this Section and any amendments thereto, and which fails to conform toall applicable regulations and .restrictions of this chapter. - Occupant/Occupancy:- Shall.mean-anynon-residentiaLuse. Occupational Signs: A sign .identifying..~only the name and :occupation or profession of occupants of premises on which the sign is located. - - - Off-Site "Directional Sign:. ,A sign -which .advertises- or _ identifies. a use, _ establshment,..development, project, commodity; -service, .;activity, or identity .-which is=not directly related`to or.,associated with the property on which.the sign - is located.. These. sign: are intended to provide directonaF assistance ta:access an event conveniently and. safely. I ~ ~ Off-Site Sign; :(This term also includes signs commonly kriown. as:advertising - signs, billboards and posterboards.) ~ permanent sign- which:. directs attention to _ a product or service, including =entertainment or candidacy,. for which~:product or service is not available for sale or performance on the site where the sign is located. ~ On-Site Sign:. A sign.that pertains to-the use of the premises and/or property on ~ which it isaocated. ~ = - Owner: The person holding the fee-simple title to the property upon which a sign _ is located for which a permit is required. , Parcel: A unit of land within legally :established property lines. Ilf, however, the ~ .property lines are such as to defeat the purposes of this. Code or lead to absurd results, a "parcel" may be as designated for a particular site by the City Administrator. or his designee. _ - . a .Political Sign: A sign.concemingcandidacy~for public office,or urging action on . ' any ballot issue: in a fortheomirig public election; :or pertaining to or advocating - ~ .political views or policies:: ~ ' . Portable Sign:.. A sign that may be hauled or towed from one location to another,.is self-supporting and, when placed, is not..permanentlyattachcd to the ~ ground or a building. ~ . Poster Boartl Sign: See off-site sign r. Ordinance No. 02-1599 VI- 9` April 2002 ` . :J - _ aRT~c« of - ~ ~ - ~ ~ ~ S/GN REGULATIONS . ~ Property Owner of .Record: The property owner of record shall be the name - ~ that is listed. on the latest Seminole County Tax Records oc a. new owner'in ~ possession of a= recorded deed; ~ closing statement; -or title insurance: for the subject property; ~ ~ ~ ~ Real Estate. Sign: ~A .sign erected by the owner or his agent, advertising real property upon which the.sign is located, for rent;~for~lease or for sale. Regulatory Sign: A sign providing notice of traffic laws or regulations.. Safe or Secure Sign: A sign installed and constructed in accordance with the . adopted building codes as-required, design .criteria of a licensed engineer as required, .o~ good- construction practice as accepted by'the City Building Official ~ .when a :permit is' not required, and where all .parts. are securely attached and properly attached. This may include. but is not limited to Sign Structure, Sign Face, Sign Panels, or Electrical hook-ulp or connection. ~ - . ~ ~ Sign: Any:writing,.pictorial presentation, number;~illustration,-or decoration, flag, banner or pennant, .attention getting device; or other device, which 'is~ used to announce, direct atteritian ~ to, identifj?, advertise or otherwise make anything .known:: . ~ ~ ~ Sign Congractor, Licensed: One who is licensed and/or registered to perform sigr} 'construction .and ~ .erection, by ~ippropriate city. or county agencies and I~ registered with the.State of Florida, Division of Business Regulation; as required. Sign Fake: The~part of a sign that is ormay be used.forcopy: - Sign Structure: Any construction used or designed to support a sign. ' Snipe Sign: A temporary sign or post~:r affixed.to a tree; fence; utility pole, etc. `J Store i)isplay Window: A window that is enclosed and specifically designed to display products that are viewed from outside of the, store. The window is enclosed on .the inside of the store and view from the outside into the store is normally obscured. Visibility from th~a outside' is not required nor will it affect ~ security of the facility. Displays shall not include moving or flashing .lights that are visible from the public right-of-way:>. ~ . Store ~ front Window: A window tfaat is not enclosed on the inside and is `J designed so that the inside of the storE: area is able to be viewed from the outside and or viewed. from the inside out. - ~ Street: A public or private right of war for vehicular traffic. ~ - Ordinance No. 02-1599 VI- 10 April 2002 ,`i r-. I ~ ARTICLE VI ~ ~ - ~ SIGN f?EGULATJONS Street Banner: A banner sign stretched across~and/or hung over.a public right- of-way. ~ ~ Subdivision (Residential or:Non-residential) Entrance Slgn::~..A free standing or wall sign that designates the name of the subdivision or~ development and. is _ located at or in close proximity to the entrance. ~ Temporary" Sign: ~ A sign designed and constructed, notpermitted to be permanent{y affixed and is intended =for a short: term basis only; in accordance with this Code. - ~ " ~ - j Tenant: One who has the occupation or temporary possession of lands or tenements of another. ~ ~ Trailer Sign: See PORTABLE.SIGN. Tri-vision Sign: A sign -made with a series of. triangular vertical sections that tum-and stop, or index, to show different pictures~,or' messages iri the same area. Unlawful Sign: A sign which contravenes this Article or which the enforcement officer may declare as .unlawful if it becomes dangerous to public .safety by. reason of dilapidation, abandonment; or a nonconforming sign. for which a permit required under a previous ordinance was not obtained. - " Unsafe._or Unsecured Sign: ~A sign that:according to the CityBuilding Official appears to be in~disrepair and -does -not meet the minimum requirement of, good construction practice, orthe=adopted building. codes, and has ;the potential, if not repaired; to become a dangerous sign to the general public health or safety. This " may included but not limited to Sign Structure, Sign Face, Sign Panels, or Electrical hook=up or connection. - - "V" Sign: A sign consisting of two (2) essentially: equal faces; positioned at an ~ angle subtending less than one-hundred seventy-nine (179) degrees. ~ Vehicle Sign: Any. sign affixed to avehicle. Wall Sign: A single-face sign mounted, attached to, affixed to, or painted on the exterior wall'of a.building or structure in a plane parallel to that of the supporting .wall. ~ . Warning Signs: A sign which calls attention to conditions on, or adjacent to, a. highway or street that is potentially hazardous to traffic operations: " ` - Window Sign: A sign installed inside, or~pairited oii a=window and intended to be viewed from the:outside: " " . Ordinance No. 02-1599 VI=11 : ' April 2002 ARTICLE V! SIGN REGULATIONS ~ 6.1:5 Measurement.Determinations - ~ A. Distance Between Signs The: minimum required distance between sigris shall be as.identified within this Code. = ~ - ~ ~ ~ B. Facade Area fihe facade area shall be measured. by .determining;the area within atwo- dimensional geometric figure: G~inciding with the edges of the walls, windows, doors, parapets, marquees, and mansards of greater than forty- . five (45} degrees that form a side of a building or unit. C. Sign Area ~ 1. Generally The area of a sign shall be the area within the smallest square, rectangle, parallelogram, triangle, circle or semicircle, the sides of which touch the ::extreme points or edges of the sign face. 2.. Special Situations. . - - a. ~ Where a sign is .composed of letters or pictures attached • directly to a .facade, window, door, or marquee, and the letters or pictures ~rre not enclosed by a border or trimming, ~ the sign area shall be .the area within the smallest rectangle, ~ .parallelogram, triangle; : circle ~ or semicircle, the .sides of which touch the extreme points of the~letters or~pictures as a F whole. ~ b. Where four sign f<<ces are. arranged in a square,rectangle, or diamond, the area of the sign shall be the area, of the two ~ largest faces. c. Where a sign is in 'the form of athree-dimensional object, the area shall be ~det~:rmined by drawing a square, rectangle, parallelogram, triangle, circle or semicircle, the sides of which .touch the E~xtreme..points or edges of the~projected image of the sign and multiplying .that. area. by two (2). The "projected image" is that created by tracing the largest `J possibletwo-dimensional outline of the sign. . . - D. (Number of~Signs 1. .In general, the number -of signs .shall be the number of non- contiguous sign faces. Pnultiple non-contiguous, sign faces may be • . ~ Ordinance rdo. 02-1599 VI-1,2 . ~ :April 2002 'u r` ART/CLE Vl _ . -SIGN REGULATIONS - counted as a single sign . if all the, sign faces are included in the - geometric figure used for determining the sign area. 2. Where two sign faces are placad back to back and are at no point more than two (2) feet apart, it shall be counted as one sign. - - . 3. =-..:If a .sign -has four;.(4) faces arranged in a square,. rectangle or diamond, it shall be counted as two (2) signs. - , -E: , Height_Of-$ign - : -.The vertical distance, measured :from the .highest point.. of the sign, excluding decorative embellishments, to the elevation of the crown of the adjacent street: - . - - i :6.1.6 .Nonconforming Signs. - ~ ~ . A. Determination of Legat Nonconformity . ~ .Existing signs, excluding off-site signs (see -`OFF SITS 51GNS non- conforming this Section), that do not conform to the specific provisions of the Code may be eligible for the designation, "legal .:nonconforming" ~ ~ provided that: ~ ~ ~ - 1. Signs are properly maintained and do not in .any way endanger the . . public. ,.F - 2. The sign was installed in: conformance with 'a •~,valid -permit or variance, or complied with all applicable laws on the date of installation. - - ~ . - B. Loss of legal Nonconforming Status A legal nonconforming sign may lose this designation and become .illegal if: 1. The sign is relocated or replaced without proper approval. ~ . _ . 2. The structure or size of the sign is altered in any way except toward compliance with this Ordinance. This does not ,refer to change of ~ SPY or~rnaintenance: - - C.Maintenance and-Repair Of Nonconforming Signs The aegai nonconforming sign is subject to al! requirements of this Code regarding safety, maintenance, and repair.. However, 'if the sign suffers ~ . - mote. than fifty..percent (SO%) damage or deterioration, as .based on - : appraisal;, it must be.brought-into conformance with this :Code or removed.. - Ordinance No. 02-1599 VI- 13 ~ April 2002 . ARnc~E v~ SIGN REGULATIONS ~ - 6.1.7 Illegal Signs ~ ~ ~ ~ Existing illegal signs shall, upon adoF?tion of .this Code, be subject to Code Enforcement proceedings. ~ ~ ~ ~ ~ ~ . 6.1.8 Sixe Limitations ~ No signs of any type shall exceed the requirements of this Code. 6.1.9 Interpretation The regulation of signs is intended to restrict the proliferation of~ signs and to "encourage use of architecturally compai;ible signs as' much ~as~possible. . . 6.1:10 Gontent of Signs - Notwithstanding any other provision of these sign regulations, a sign that may display °advertising;" as defined herein, may instead cant' any non-commercial message so long as the message is noi: "harmful 'to minors" as~ defined herein. . ~ 6.2.0 PI~OIiIBITED SIGNS ' 6.2.1 Generally . It shall be unlawful to erect, cause iio be erected, maintain or cause to be ~ maintained, any sign not expressly autf•iorized by, or exempted from, this Code. 6.2.2 Specifically ~ ~ . The following signs are expressly prohibited unless exempted by this Cade or expressly authorized bythis Code: A. Signs that are in violation of the building.code or electrical code as adopted by the City of Longwood. ~ B. Any sign that, ~in the opinion of the Administrator does ~or will constitute a ~ safety hazard. ~ C. Portable signs, blank or othenniise, that are not authorized by a current sign permit. . D. Signs with visible flashing, moving, revolving, or rotating parts or visible mechanical movement of any description or other apparent visible . movement~achieved by electric~il, electronic, or mechanical means, except for_traditional barber poles and permitted electronic message centers. ~ E. Signs-with. -the optical illusion of movement by means of a design that presents a pattern capable of giving the illusion of motion or changing .of copy. Ordinance No. 02-9599 VI-1~4 ~ April 2002 ^ ^ - ~ ~ ARTICLE Vi ^F - ~ - ~ SIGN REGULATIONS .J . F. Signs -with. lights. or illuminations that flash; move; rotate,. scintillate, blink, flicker, or vary in intensity. or color except foe time-temperature-date signs. G. Strings of fight bulbs used on commercial{y developed parcels for _ . commercial- purposes,; other than. traditional :holiday decorations, not to _ ~ . - .exceed thirty days before and after the, holiday .to which the lights relate; and those completely attached to primary structure and: those used for r, landscaping enhancement. H: Signs, commonly refen'ed _to.~as wind signs,- consisting of flags, pennants, ^ ribbons, spinners, streamers or captive balloons, : or .other objects- or material fastened in such a manner as to move upon being by wind unless otherwise indicated:by this Code.:- ~ , - . :,1. -Signs that are- .attention.-getting ..devices which incorporate projected images, emit any sound, odor, or visible- matter such as smoke or. steam, that is intended to attract attention, or•involve the use ofilive animals. ; - J: ~ Signs:attached°to_the~roof of any. building or attached to the:building which project above the :roof or are suspended above the roof.. ^ K. .Signs or sign structures that interfere.in any way with fnre use of-any fire escape; emergency exit, or standpipe, or that obstruct~any window so that . ^ ~ securely visibility is hampered. • L. Signs that resemble any ~ official ~ sign- or marker erected by any governmental agency, or that by reason of position; shape, or color, would . conflict with 'the proper functioning of any traffic sign or signal, or be of a size;location; `movement, content, color, or illumination that may be confused with- or construed as atraffic=control device: ~ Signs, within ten (10) feet -of public right of way or within. one hundred (100) feet of traffio- . . ~ ~ ~ - - control -lights, that :contain: red or green lights that might be confused with traffic control lights. - ~ • . ~ ` - - M. Signs that-obstruct the vision of pedestrians; cyclists,. orlmotorists traveling on or entering public streets. Also; signs that are of such intensity or brilliance as to cause glare or impair the vision of any motorist, cyclist, or ~ ~ pedestrian using oc ~-entering a public way, .or that are .a hazard or a nuisance to occupants ~oY any property because elf glare or other characteristics. N. Non-governmental signs that use the words "stop", "look°; "tlanger", or.any similar word, phrase, or symbol that resemble official govecr~mental signs. _ . Ordinance No. 02-1599 ~ VY-15 . : Apri1~2002. r-. . - ~ ~ ARTICLE VI - S1GN REGULATIONS - 0:~~'~ -A sign that contains any fighting or .control ~inechanism that causes . - - unreasonable interference with radio, television or other communication "signals. P. Signs that are painted, pasted, `or printed on ~ any- curbstone, flagstone, pavement, or any portion of ariy ;sidewalk or street; except~house number; - and.traffic control signs. - - . Q: Signs placed upon benches, bus shelters or waste receptacles, except as - may be authorized in writing pur,~uant to this Code or to §337.408; Florida. - - . Statutes, or as may be amended:from time to time. - R. Sign erected on public property; or on private ..property (such as private utility poles) located on public pr~~perty, other than signs erected by public - authority for public purposes and signs authorized in writing pursuant to §337.407, Florida Statutes, or as may be amended from time to time. S. Signs erected over, on or across any public street .except as may ~ otherwisebe expressly authorizE:d by this Code; and except governmental signs erected by or on the'order of the Administrator: - T. Vehicle signs with a total sign .~irea on anyvehicle in excess of ten (10) square feet, when the vehicle:. - - - ~ ~ 1. is parked for. more tha~i .sixty .consecutive minutes within one - -hundred (100) feet of any street right of way; 2. is visible from.the street .right of way that'the vehicle is within one . hundred (100) feet~of; and . 3. : is not regularly used in the conduct of the business advertised on the vehicle. A vehicle used primarily for advertising, or for the purpose of providing transportation for owners or employees of the occupancy advertised on the vehicle, shall not be : considered a v • ~ vehicle used in the conduct of the business. . U. Any non-government sign placed in Public right-of :way with number or address. indicating any activity a.t another location, unless approved by the Administrator. - . - V.. "A-Frame" (Sandwich Board) or sidewalk type signs. W. A sign displaying copy that is "harmful to minors° as defined herein. X. Snipe signs. `J Ordinance Mo. d2-1599 VI-1~o Apri! 2002 - u . ARTICLE Vl . _ _ _ . _ . - S/GN REGULATIONS 6.3:0.-.-PER_MITTfNG REQUIREMENTS . - ~ 6.3.1 Fees - - =The fee formatters included. in this;Section shall be as provided in this Code. ~ ~ 6:3.2- ;ExemptSigns... - . _ Signs- of. the following.-categories and: the .listed operations pertaining. to signs - shay _not .require the issuance~.of .permits provided such signs and operations conform -with .provisions:contained herein;.and with all other:,building, structural and electricaF standards and regulations of the City of Longwood. ~ - . . - A: Signs that are not designed or located so as to be visible or read from any street or adjoining property. ~ . . - - :B; ~ Signs .of .four (4) square feet _or ~less.:and:-signs that~.~include no letters; symbols, .logos or designs in excess of two (2) inches. in vertical or horizontal dimension, .provided that such sign, or combination of such signs,does not constitute a sign prohibited; ~by this Code. (e.g., name . plate sign,. occupation sign,. etc., to be~located in the proximity~of the main - ~ -entrance of the building): . ~ -C. -Non-advertising signs necessary to promote health, safety and ~ welfare, . and other. regulatory,. statutory, traffic control: or directiona0 signs erected _ on public property with :permission as appropriate :from the United States ^ of America, State of F{orida, County of Seminole, or the City of Longwood. ~ - . D: ~ Legal, notices and~official instruments. - - E._ ~ Decorative ,flags and:. bunting for a celebration:; -.convention, or ~ -commemoration of significance~to the entire community-when authorized by the City Commission fora prescribed period of time. ^ F. Merchandise .displays behind Store Front or Store Dtisplay Windows is allowed so~long as:no_ part of the display moves or:contains.flashing lights and visible .frgm the. street., G. ,Memorial signs or tablets;. names of buildings and dates. of.~ erection when cut into -any masonry surface .or when. constructed..of bronze or other incombustible materials and attached to the surface of a building. . H. Signs -incorporated into machinery or equipment by :a rruantifacturer or r-. distributor. which identify. or. advertise only the product or service . - . dispensed by the machine or equipment, such._as signs !customarily affixed to ..vending machines, newspaper .racks, telephone booths„ and gasoline r-, pumps. Ordinance No. 02-1599 VI-17 - April 2002 r-. ARTICLE VI SIGN REGtlLAT/ONS ~ - . , I. Holiday decorations. Signs of a~~ primarily decorative nature, clearly ~ . incidental and customary and commonly associated with any national, local or religious holiday; provided that such signs shall~be displayed fora period of not more than thirty (~~0) consecutive days or more than sixty (60) days in any one year. Such signs shall be set back ten (10) feet from all boundary lines of the. lot on which displayed, provided that a clear area be maintained to a height of six: ~(6) feet, within fifty=five (55) feet of the `J intersection of two (2) rights=of•way. Holiday ~ lights ~~and decorations in ~ - windows shall not exceed forty pE;n;ent (40%) of window. area. J. Identifying signs located on taxicabs, buses, trailers, trucks, or vehicle bumpers. ~ ~ . ~ ' K. Public warning signs to indicate, but not limited to, the dangers of v_ trespassing, swimming, animals or similar hazards, not°ao exceed four (4) square feet. ~ ~ ~ ~ ~ ~ ~ 'w . v L. Works of art that do not constitute advertising and approved by the City. M. Utility Signs: Public utility signs that identify the locatbn of underground utility lines and facilities, high voltage lines and facilities, and other utility facilities and appurtenances arE; -permitted provided they do not exceed three (3)' feet in height, and provided the sign face does not exceed one ~ half ('/Z) square foot: - v IV. Traffic control devices (signs) erected .on public property, including Regulatory Signs to be individually erected on separate posts; Warning and Guide Signs not to exceed two (2) signs per post and six (6) square ~ -feet each in size. Such signs sf~all be ~Iocated so as to not obscure each ~v= other or be hidden from view by other roadside objects. Signs requiring different decisions 'by the vehicle operator must ~be spaced sufficiently apart for the required decisions i:o be made safely. . • O. ~ Identification signs at the entrance drive of ~ single-family residences or estates, which do not exceed two (2) square feet in area. ~ P.~ Bench/Bus Shelter Signs authorized by the City's agreement with the Jaycees dated February~4, 1991. 6:3'.3 Permits A. When provisions of~ this Codc; are in -violation, no building .permit or ~ ~ occupational license shall tie is::ued until violations have been corrected. . . Ordinanci3 No. 02-1599 VI-1~E3 ~ April 2002 - ~ _ ARTICLE Vl - . - - _ . ~ SIGN fZEGULATIONS ~ B. - : No. sign or -sign. ~strucfure~ -shall ~ be hereinafter erected, maintained, ~ substantially altered, displayed, .or changed; .except) exempt signs. as - ~ provided herein, until after a permit has been issued, if required. r., - . .Repainting nor changing the message of a changeable copy-sign, the sign _ ,panel of an existing permitted sign shall, not. be~considered a substantial. .alteration and would not require a permrt. Maintenance of sign - components including but .not limited. to: lamps, ballast, transformers and other components will not require a permit under this Section. .Any - change of. electrical service; feeder line replacement or structural repairs will. require a~permit as provided for by SBCCI. C. The application.. for a sign permit shall be~ set forth in writing and shall provide the construction infom~tation required by_ the Standard Building - - .Codes a§ adopted by-the City of Longwood. _ r-. D. All . Permanent Signs and signs ten- (10) square- feet and larger shall . ~ . require a permit be issued or approval as.applicable, per City codes - r. E. In addition to any fees required for construction and/or electrical permits, applicants for sign permits shalt pay the sign permits fee or other fees required by this Code. ~ , - - F. A .sign erected, .altered; displayed ~or ~ substantially- changed without a , ^ ~ . permit is an illegal aign .and shall be subject to penalties set forth. ^ G. All sign permit applications shall contain the following information: - - . 1. A sign application which. shall be provided byahe City and is to be ~ completed by the applicant. Application shall: be complete for the City to process. - 2. Name; address, telepFrorie number and signature of the owner of the. site. granting- permission for the .constnaction, operation, maintenance or displaying of sign or sign structure. An authorized agent representing the owner of -the site ;may with proper documentation act in the absence of the owner. 3. Two copies . of a sketch, - blueprint, blueline: print or similar presentation drawn to scale and dimensioned, showing elevations of the sign as proposed. Sign elevation drawing, showing minimum distance from bottom of sign to the ground, dimensions of the sign and design of sign as it relates to the building(s) on the property. 4. Site plans or survey showing the scaled. location. of.signs in relation ~ : to .the:. street and building on the property. ~ The. site plan shall Ordinance No. 02-1599 VI- 19 April 2002 - ~ - . ~ ARTICLE Vd - ~ ~ ~ ~ SIGN REGULATIONS . ~ ~ ~ include legal description and street address of~premises or property upon which sign is-to be located and the location.of the sign. - ~ - 5: The approximate value of ae. sign 'to .be installed, including . ~ ~ installation cost.. ~ . ,v - 6.'-~ Type of sign for whicha p~,rmit is being sough#. • 7.. ~ Type of materials of which. the sigris~will be composed. . ~ 8. If applicable, information regarding how the sign is to be lighted, the intensity of~the lighting an~i any offaite glare that will occur. . - _ v 9. For signs over~thirty-two (32) square~.feet or ground. and pole signs over ten (ten) feet. in height a copy of stress sheets and calculations shall be required indicating that the sign is properly designed for . required loads and wind pressures in any direction, as may be required by the Building C~ivision. 10. A copy.of the current City occupational License and Certficate of Use as required, that Establishes the location of the place of business, or for those establishments that do not require an occupational license : i.e. place ~.of worship, or.. organizations (i.e. VFW, Masons, etc.). Th~~ organization must be clearly established . at the location of the placement of the sign location by a formal 'document (i.e. lease; deed, etc.): :v 11.. An on-site, whether~pem~anent or.temporary, sign permit shall not be issued for any business which .does. not have a current City occupational license. 12. Sign Permits shall only t>e issued-to- a. licensed sign contractor, or `the building owner in acGOrdance with applicable codes. - 6.4.0 PERMITTED PERMANENT ON-SITE SIGNS . - 6.4.1 Slgn Types Allowed A permanent sign may be a ground or wall sign. 604:2 .Permissible Number,. Area, Spacing, and Height Of Permanent Signs . A. .V91a11 Signs. The criteria shall be determirn~d~ according to the appropriate land use district. Ordinance No. 02-1599 VI- 20 ~ ~ Apri12002 • ~ . - ~ .ARTICLE Vl ~ ° ~ _ ~ ~ - . SIGN REGULATIONS ,~j . . . - _ . B. Ground Signs.. - ..The., permissible number, area, spacing and. height of permanent ground . signs shall be determined acxordirig to the~appropriate land use district. - 6.4.3 Permitted Signs in Land-.Use Districts , n A. Residential Land Use Districts: LDR and MDR - - Signs are allowed, as follows `in LDR .and MDR land use districts with an approved sign perrit~where required: - ~ . .r-, - 1. One (1) subdivision identification -per entrance in accordance with subdivision plan approval on eachside~ of .the entrance or one (1) ~ sign in median, nottaexceed thiity-two.{32) square~feet. r-. . 2. For permitted non-residential within a LDR or MDR district shall be limited to sixteen (16) square feet with a maximum heigttit~of six (6) feet..This does not include home occupational licenses. 3. Such signsshall be maintained perpetually by the developer, the owner of the sign, permanent owners' association, or some other person who . is legally accountable under a maintenance- . - ~ an-angement=approved `by -thee-owner/developer/association. If no ~ - - ~ accountable person accepts ~ legal responsibility to maintain the' signs and no other provision`has been made for the maintenance of them, the developer.or owner shall remove the signs. 4. In residential districts where -a. subdivision is being. developed or - ~ offered for sale, one (1) combination real estate and. identification sign.; maximum size of'~sixty=four- (64). square feet, may be.erected on the .property which is° being developed or-offered for sale until such time as the subdivision is completed. . . ~ B. ~ Commercial •and Industrial Land°Use Districts: GC, Downtown: and Ind. - ~ . Signs are allowed, as follows in GC, .Downtown, and Ind. use districts with an approved. sign permit wliere=iequi~ed: ` 1. Wall signs and one (1) ground sign per parcel, calculated at a total of two (2) square foot in sign area for each linear foat of addressed ~ building frontage shall be allowed. r-, V) P Ordinance No. 02-1599 Vl- 21 ~ Aril 2002 ~ n ARTICLE VI SIGN REGULATIONS 2. One changeable copy sigi~~, not to exceed twenty-four (24) square ~ feet may be included on ttie primary sign structure but not induded as part of the overall.allow,able signage square feet. When this sign has been allowed, portablf; signs shall be prohibited .on the site. v' - 3. Height shall ~be determined as follows, twenty-five (25) feet, provided visibility ensures no obstruction for passing traffic. . ~ v 4. Any special sign regulations adopted, as part of the Historic District Overlay regulations shall ovemde these regulations. ~ C. Historic District Overlay ~ ~ ~ Additional criteria and/or restrictioris for .this district may be found within • Section 2.4.1 of this Code: 6,x&.4 .Specially Regulated Signs I - A. Automotive Service Station and/or Convenience Store with Fuel . .Dispense Station .Signs ~ ~ . Signs for an automotive; service :station shall be limited as follows: ~ . ~ 1... Ground and .wall .signs ~~s set forth in the appropriate land use district:. in this .Code. Product or service advertising shall be an integral part of ground. sign. `L: • 2. Canopy signs. Two (2) standard logo signs not to exceed four (4) . square feet per sign. 3. Gasoline pump sign. Signs. on gasoline pumps must be an integral part ofthe pump strud:urE:. v. . 4. Rack or cabinet signs. Includes those signs that are an integral part of a rack or cabinet, such as display of oil, wiper blades, etc. ~ 5. No sign for~an automotiy~e:service station shall be placed, painted or otherwise erected on any buffer wall. 6. No sign shall be freestan~jing and visible from the adjacent streets. • ~ B.: . ~ Place of Worship Signs - . Place of Worship signs shall :be permitted. in.. accordance with the following: Ordinance Mo. 02-1599 VI= 2;2 ~ Aprll 2002 r. : , - . ~ - ARTICLE V/ - : - SIGN REGULATIONS ~ . 1. Height shall not exceed ten: (10)~feet but.may extend to a maximum n - -of twelve (12) feet with embellishments in residential districts. - . . 2. Total sign area for ground and wall signs shall not exceed two (2) . - - square:fieet-of addressed.building frontage. r-. ~ 3. Changeable copy area, not to exceed twenty-four (24) square feet - may be included in= addition to the ~ allowable signage, on the - primary sign. structure. When this sign has been allowed, .portable - signs-shall: be prohibited on the site. C. - Community.lnforrnation Signs - - Are intended to provide general- information- to the general public or spec neighborhood or use. - - ~ - . _ ~ ~ 1. :Subdivision Information Signs: Changeable subdivision information messages may be permitted in any residential district provided it does not exceed six (6)aquare feet in copy area: This sign shall be . so placed -arid .loeated that the sign shall only be read from within . ~ the ;subdivision -that it serves; Location of the sign to be approved . by the-City with a permit:without:a fee. ~ - ~ ~ - ~ 2.. Outdoor Recreation Field Signs: Patron advertising signs at ball - fields, such signs to. be: attached to fence surrounding feld, with - _ placement allowed.. only on inside. of fence with sign copy area - facing inward. - 3. Recreation Event Signs: One :recreation event,sign, .intended to -provide information about:.events held .at the recreation site may be _ permitted at the entrance of. recreation .site or parks, provided it does not exceed thirty-two (32) square feefi in copy area. - D. Directional Signs - 1. On-site Directional Signs - . ~ . On-site directional signs at each: access. drive. may be permitted in ~ multi-family and non-residential .areas and are_ limited:n area to two (2) square .feet, including embellishments, -giving :-directions to - motorists regardingthe location of-parking areas .These signs shall _ ~ . be-permitted :as permanent signs on all. parcels .arrd shall not be counted as part of:the allowable sign area for- that parcel. Signs shall not be placed within any public right=of: way: - ; ~ Ordinance No. 02-1599 VI- 23 Apri12002 ARTICLE VI SIGN REGULATI®NS ~ ~ 2. .Off-site Directional Sign~~ ~ 'v All off-site directional signs- shall require the approval by the Administrator, for the follovving guideline and requirements: a. Off=site directional signs may be permitted in alf land use - ~ districts. - ` - b. The maximum copy area of an off-site directional sign.is six - (6)-square feet. Any applicant requesting a sign large than allowed shall provide acceptable justification for signs- .and their size. . c. The maximum heiclht of an-off--site directional sign shall be ;v . seven (7)~feet: - d. An off-site directional sign shall be located only in the -locations approved, otherwise it shall be considered an . - .illegal sign. ~ . `v' e. An off-site directional sign are to~.be set: back at least five (5) . feet from any. right:-of-way line: Any -applicant requesting a ~ . sign location other than allowed ~ shall provide acceptable justification for sign location. . - ~ ~ ~f: Only one {1) off-:,ite ~ directional sign may be allowed or ~ - ` permitted ~ per parcel with written permission from the property owner. = - . -:E. Flags - - ~ - Flags are allowed to show Nation, State, and%r Organization patronage. . F. Window Signs - Signs may be placed on windows, limited to seventy-five (75) percent of .the window. Window signs shall not be inGuded in the allowable area of signage. G. Time Temperature-Date Signs ~ ~ Time-temperature=date signs are permitted as a permanent accessory sign on non-residential developed ~ parcels notwithstanding the general ,v prohibition ~on changing signs.. These signs may .only display numerical .information in an.easily comprehensible way and shall be kept accurate. . They may be ground or buildinc(.signs; and are. subject to the regulations - applicable to -such signs:: -They shall .not be 'counted as part of an allowable~sign area-. ~ ~ Ordinance No. 02-1599 VI-`2~l Ap-rif 2002 ~i . ~ ~ ~ ARTICLE VI S/GN REGULATIONS ~ H. Multiple Unit Centers ~ ~ ~ - . ~ 1. A Master -Sign .Plan (see Section 6.7.5) that: ident~es a comprehensive sign plan including a unified theme of sign type and style shall be required with application-:for all new. or redeveloped . ~ - centers in acxordanee within the guideline ofahislCode. - 2. ~ Total Signage shall be calculated at two (2)-square feet per linear - foot of address building frontage. ~ ° 3. One (1 } ground sign per entrance that will primarily identify the center by name, and may also .identify individual tenants. ~ ~ 4:Ground signs shall not exceed a height of twenty-five (25) feet, . ~ measured in accordance with height definition. 5. .One changeable copy sign;: not. to ~_exceed .thirty-tiro (32) square '1' ~ -:feet may be included: on the primary: sign structure:but not included . as part of the overall :allowable signage square feet: When this sign - has been allowed,, portable signs shall be prohibited on the site. ~ 6. Each tenant shall be allowed at least one (1) wall (building) sign: - 7. A comprehensive sign --plan shall be: submitted .prior to any sign permit .being issued and each permit application shall be in accordance.with comprehensive sign plan with authorizafion of the - property owner, or designated representative; prior to issuance of " permit. - ~ . ,r, ~ . r-, ~ . r-, . ~ ~.J Ordinance No: 02-1599 VI- 25 ~ April 2002 n ARTICLE VI - - SIGN REGULATIONS 6.5.m OFF-SITE SIGNS - . - ~ , - ~ ~ 6.5x1 Generally ~ . . A: Where Allowed ~ - ~ Off-site signs are -allowed in General Commercial and Industrial as designated on the Future Land Use Map of the City of Longwood. Off-site - signs are prohibited in the Historic District Overlay area of the City of Longwood. - - B.. N~nmber of Off~ite. Signs . . The total number of billboards/posterboards.within the City of Longwood shall not exceed nineteen (19): This limitation shall apply to the total Billboards.and Posterboards tog~;ther as defined in.this Section of the City ' C.. Non-Conforming Off-Site~Sign:~ ~ - - - . Billboards that become. non-conforming for any reason on the effective --date of this :Chapter .will be ~ legal nori-conforming use, except as described herein. Non-conforming Billboards .of wood construction or ~ multi-pole design may be reconstructed to a steel monopole design as . .long as no other non-conformities of that sign are increased,. D. - Billboard - Sign~Agreements - ~ ~ ~ The purpose of-this Section is to provide the process and criteria whereby the City..and a sign applicant may enter into an agreement to comply with ~ - the requirements of this article.. The agreement process may also be used to relocate any billboards made non-conforming~by adoption of this article. However if an existing billboard is removed and no agreement to replace the billboard has been established the total allowable billboards within the City shall automatically be reduced by that number (see Section 6.5.1 B). 6.5.2 Design Requirements A. Supporting Structure ~v Only a single supporting structure (monopole) shall be allowed for off-site ~ signs. No portion of the supporting structure shall be visible above any advertising display area. `J B. Single Faced Billboards An off-site sign structure shall be single faced, reading from the same direction, but may have two faces back to back providing the face structure shall have advertising surfaces of equal size and shape. Ordinance No. 02-1599 VI-26 - °April 2002 , ARTICLE Vt - SIGN REGULATIONS - ~ - ` ~ C.- .Double Faced Billboards ~ - . ~ ~ - - :For the. purposes of this Code, the following types of billboards shall be ~considered double-faced:. - ~ - - . ` ~ ~ ~1.. ..An off-site sign structure. where the:-signs areplaced back to back, ° as long,as. the: backs of the signs are not. eparated by more than forty-eight (48) inches. ` ~ 2: An off-site sign .structure :when eonstructed~- in !the-form of a "V" - when.viewed .from above, provided the internal angle at the apex is r-. . ~ not ~ greaten than forth-five (45) degrees and .the off-site sign ~ structure~is not separated by more .than thirty-siz (36) inches at the . ~ apex of the "V". - D. :.Tri-vision and.Computerized~Message Type Off~iteSigns Tri-vision -and .computerized message type: signs will be : pennitt~ if the. ..sign~does notfuncton in a manner that is'~distracting to vehicular traffic or - adjoining properties and meets the sign standards set- for off--site signs in r-1 ~ this Code.., E. .Advertising Surfaces: . No more than two (2~advertising surfaces shall be: allowed .per sign. No r:. moce_ than two (2) contiguous advertising surfaces shall be allowed per `-J - sign face. - - ~ ~ - ~ F. Content . ~ . - , r, ~ . Off=site signs may.display any message in .conformance with this Code. ~ ~G: _ Maintenance ~ ~ . ~ All Billboards; including their supports;...braces; guide. wires and anchors, shall be maintained so as to ensure the structural integrity of the sign. - Painted areas and sign surfaces shall. 6e kept ~in good working condition., ~ and ~iflumination, ff provided, shalt be maintained in safe and good working ~ order. . H. Landscaping• ~ ~ - For a!I r?ew Off site (Billboard :or Posterboard) sign at the date of this Code . ~ the following landscaping will be .required. : 1. Evergreen shrubbery and trees natural to-the area, resistantto frost damage and drought shall be provided to enhance the appearance of the off-site .sign on any highway being served by said sign. A landscape ~ plan shall be submitted to the City for review and - approval. Approval or denial shall. be' determined in accordance with this Code. ~ ~ ~ Ordinance No. 02-1599. V1-~27.: ApriF2002 • ARTICLE Vl SIGN REGUL4TIONS ~ 2. Maintenance shall be the responsibility of~the owner of the property ~to maintain landscaping. in a healthy condition .so as to present a~ - neat, healthy, and orderly ~rppearance free of refuse and debris. - 3. ~ -Failure to: provide proper maintenance shall incur a penalty or other ~ -appropriate. sanction in accordance-with City codes. I. Maximum Size No permanent. off:site sign -may exceed six hundred seventy-two (672) square feet in size per face.. An additional one hundred (100) squarefeet may be used for cutouts providecl the height is not .increased by more than five (5:}feet riorthe width more than two (2) feet. on each side. 1 J. Maximum Height No permanent off-site sign, or combination ofsigns~,-may.exceed fifty (50) . feet~-in height from~the crown of .road intended to be .viewed from. The `J - - bottom of ~the~ sign nor the structure shall. be-less than 30:feet above the - crown of road..:: - ~ _ ~ - K. Maximum Width No permanent off-site sign, or combination of~signs, may exceed fifty (50) ..i . feet in width. ~ ~ ~ . . ~ - L. Attention Getting .Devices No off-site sign shall have any ~inimated or other related attention getting devices on the sign face peer this Code, unless :approved - by the - ~ Commission. Changeable .copy. -signs including - Tri-vision, Three .Dimensional and Cutouts as provided in this Article are exempt from this v' provision, provided they meet thy: requirements stated.within this Code. 6.5.3 Location Requirements . ~ - ~ v - - A. Spacing - No permanent off-site sign may be closer than one thousand (1,000) feet on the same side of the roadway from any other off-site sign. Spacing v - ~ shall be: determined based-on signs that have received the necessary City or County and State permit, anti signs :having received. prior authorization shall have priority over a later applicant in determining compliance with the - . ~ spacing restrictions. - - B. Front~Setbacks. All off-site signs shall be set bat;k a minimurn of 10 feet from side lot lines, - . and 15 feet from a side property. line running along a right of way. - Ordlnance.Mo:02-1599 VI-2.3 - Aprit2002 u - `.i j . - ARTICLE Vl - - - SIGN /REGULATIONS ~ ^ - ` - C. Side Setbacks All off-site signs shall be set back a minimum ofawenty-five (25) feet from r-. - the side. property. line when located-gat an intersection.: _ , . . D. Separation From Residential' Districts No off-site sign shall `be a{lowed within severify-five (75.) feet of the nearest r: ~ ~ ~ property line of any residential district. - - - ~ ~ . E. Prohibited Locations for Off-Site Signs ~ ~ r. r-: 1. Billboards shall be prohibited .from locating' within any area - - designated .as powntown, Public, -Institutional, Conservation,. Low - Density Residential, or Medium Density Residential. on the Future Land Use Map. Except as provided in this Code, billboards also r-. shall be prohibited from locating in any of the following areas: - - - - a: Within two-hundred frfty (250) #eet of any parcel designated ^ - as Downtown Historic on the Future tand '.Use Map. ` - - ~ ~ b. The east side of-CR 427 between the-south- side of Lyman - High .School and the south right-of-way line of East Maine. _ ^ Ave. r, - v' - ~ ~ c.. The:west side of CR .427 from the East j Lake Ditch to 300 - - - feet north of-Blackwater Place. ^ _ ~ ~ 2. Billboards shall -not be attached to any_ .building roof, but may be cantilevered above a roof with proof of acceptance by the property ` and building owner. - - 6:5.4- Posterboard.Type Off-Site Sign _ A. Maximum Height ~ - - - The maximum height of.a Posterboani shall be eighteen (18) feet from the - crown of the adjacent road to the top of the sign, unless :adjacent to a - railroad right-of-way. Posterboards adjacent to railroad rights-of-way shall be limited to twenty-one (21) feet in height measured .from the top of sign to. the crown of the railroad bed: . B. Setbacks A Posterboard shall not be closer than five (5) feet from a railroad right-of- ^ -way, public right-of-way, or twenty five (25) feet from any other property line as measured from the leading edge of the board: Praviding that the sign does. not encroach :into the site line visibility of any Public Street or private driveway. - ~ Ordinance No. 02-1599 .VI=29': - Apri1.2002 . ^ ~ - v ' ARTICLE Vl ' ~ ~ SIGN REGULATIONS ~ C.: Maximum Size . ~ ~ . No Posterboard. off-site sign shall exceed seventy-five (75) square feet in size per face. D Minimum Spacing ~ - - ~ ~ ~ Minimum spacing between .PostErb~oards shall'be five-hundred (500) feet on the same side of the roadway and one thousand (1000) feet from a - billboard on a Federal°Aid Prograim~roadway: ~ ~ ~ ~ E. Sign Faces ~ A Posterboard shall Have only one (1.) sign. face reading in the same direction, but may have two (2) faces back to back of the same size. _ F. ~ Sign Structure All Posterboards shall be mountE;d on a single steel monopole capable of withstanding one-hundred (1.00) mile per hour wind load. . - . ~ ~ G. Where Allowed Posterboards are prohibited wii.hin ~ any area designated as Downtown, Public/Institutional, Conservatioin, Low Density Residential or Medium Density Residential on the Future Land Use Map. Posterboards shall be v prohibited from locating within two-hundred (200) feet of any parcel ~ ~ designated as LDR or MDR on the Future Land Use Map; or within five- hundred (500) feet of any~parcel designated as Historic Overlay District on ~ the Future Land Use Map; or within two-hundred (200) feet of a public school or public park: - . ~ . H. Pion-Conforming ~ - ~ Posterboards that become non-+onforming for any reason on the effective date .of this Chapter will be a legal non-conforming use, except as described herein. Non-confomving. Posterboards of wood construction or multi-pole design may be reconstructed to a steel monopole design as long as no other non-conformitiE~s of that sign are increased: ~ . 6.5.5 ~ Permit Requirements - . . v . A. Generally ~ An application form (provided b~/ the: City) shall.be completed providing the information as described in the Permitting Requirements of this Section in ~ addition to the following. B. Required Submittals - ~ ~ ~ . 1. At the° time of building. I~ermit~ application ~ all billboards shall have stress sheets and calculations required indicating that the sign is Ordinance No. 02-1599 VI- 3~0 ~ ~ April 2002 u u ~ ART/CLE V? - - _ SIGN REGULATIONS properly designed for required loads and wind pressures in any direction,. as may be required -by the Building ,Division. The ~ ~structural;plans shall be signed'and sealed by a structural engineer . licensed in the -state of Florida. A buif ding and electrical permit will - ~ be required-.. _ ~ - - - _ 2. A copy of the lease of.the property or'a notarized..authorizationfram the property owner,. where the off-site sign is to be installed. . ~ 3. A detailed: plot plan showing legal description, all. existing structures or improvements and sign location.with all appropriate dimensions. ` - 4. Construction..drawings, when determined..by the.-.Building. Division, ~ must be sealed and conform to the Standard Building Code by a Licensed State of Florida Engineering or Architect: - . - - ~ 5. ,Landscape plan and all other applicable requirements of this Code. . = . r-, 6. Certified.. current survey by a ~ registered land. surveyor. is required. Survey is to identrfy locations of the closest off-site billboard signs ' ~ ~ on the .road or roads that the billboard faces..(Survey may identify _ . _ that there are no billboards within 100.0 plus-feet of`the proposed billboard.) ~ ` ~ . ~ ~ 7. ~ Alf proper permits . requ f red -from the City, -County„ State, and/or Federal Govemmenfishall.be on file with the Ci#y, of Longwood prior to the beginning of any off-site sign construction. ; = . 6.6.0 TEMPORARY SIGNS... ~ - ` 6.6.1 .Generally - = A. Permitting 1.. Temporary signs are allowed throughout the City of Longwood., ~ ,subject- to- a temporary sign.. permit, fee- and.- ao; the restrictions imposed by this Section and other.relevant parts of -this Code. ~ - - 2. ~ Each business advertising on a common temporary sign shall be required. to.submit a separate application,: pay.a separate fee and be.subject to:all-the requirements of this,Ch'apter, . . ' ~ 3. A temporary: sign permit may be.. granted for any period. deemed . reasonable ~for.tfie- speck business not to exceed thirty (30) days, with aminimum-of ninety (90}days between permits.. ~1 ' Ordinance No. 02-1599 V!- 31 April 2002 - _ _ ARTICLE V/ ,J - ~ ~ ~ ~ S/GN REGULATIONS B. Sign. Types Allowed - ~ . ~ A temporary sign may be a:grourtd -or building sign. If electric, the.sign and point of connection shall meet all electrical code requirements adopted by the City. Temporary Signs described in this Section shall be an on-site type sign. Temporary signs shall include, but are not limited to, portable . signs, balloons and blow up.struc.tures; banners, flags and pennants. C. Removal of Illegal Temporary aigns v Any temporary sign not comptyi~ig- with the requirements of this Code is _ w . illegal and subject to immediate compliance or enforcement per this Code. .6.5.2 General Design and Location :standards A. Minimum Separation : - - The minimum distance between signs shall be two hundred {200) feet . . ~ ~ ~ from other temporary signs on the same side of the street. However, a business receiving a new occupational license for a new business in the City, shall not be subject to this reparation requirement. . . B. On-site - Terriporary Signs described- in this. Section shall be on-site type sign. C. Encroachment on Public Property ~ . No part of any temporary sign may encroach into public right-of--way, public property or public easement unless described herein. D. Exception to Height Restrictions The height restrictions for temporary signs shall- not apply to adequately _ tethered balloons des~ned to be elevated above' the site; but shall apply . to other inflatable designed to bE; used at ground level. . 6.6.3 Specific Types of Temporary .aigns A: Temporary Use Permit Sign Signs. that are in conjunction with Temporary Use Permits (TUP) that _ .announce the temporary event such as fairs, carnivals, circuses, revivals, ~ sporting events, . ~anniversarie:,, or any public; non-profd, charitable; educational or religious event'or related function. Such message shall be allowed for a. period not to exceed thirty_(30) days or as may be approved ~ per the TUP; and shall be remc?ved within twenty-four (24) hours after the event.: All signage for the evE:nt including on-site, off-site or directional signage shall be approved at tFie time the Temporary Use Permit is being processed.:.Temporary .Use :Signs shall be limited. to signs that are for events that are located within the City and.or as a general service to the citizens of the City of:Longwoocl.: i lam, Ordinance Mo. 02-1599 ~ VI-`32 April 2002 •v i i ARTICLE 1/1 ; . - SIGN REGULATIONS ~ . . ' ~ B. Development Sign 1. ~ Approval notification sign, not to .exceed thirty-two (32) square~feet ~ shall ~be-.allows until construction. sign .is installed (i.e., Future Site r. Of This sign may_only. be. constructed upon the site if a valid . site. plan application is in active progress or approval for the site plan. is.valid: . 2. Construction Sign.. Such message shall not be displayed, mare than sixty (60) days priorto the beginning of actua__t construction of . the project,. and-shall be removed when construction-is completed. r. If a message is displayed pursuant to this Section,., but construction is not inflated within sixty (60) days after the message is displayed, orif-construction is discontinued for a period of more than sixty (60) days, the message shag be removed, pending initiation or. . continuation of construction activities. -Such sign shall not exceed . sixty-four: (64)-square feet:no.r exceed eight {8) feet in height. - C. Grand Opening Of-A Business . A business receiving. a new occupational license may put up a temporary ~ sign as described in this Code forthefirst-thirty (30) days of.business, with approval from the. Planning Division and permits as required. D:. ~ .New Business,.ora Business in.a New Location ~ ~ {f .such -business._ .has no permanent signs, :temporary sign shall be securely attached;to building. m generaP location of.. permanent sign. Such - ,message=may. be displayed for a period of not more than sixty (60) days or until installation of pemiaF!ent- .signs,. whichever .shall occur first, in ~ . ,accordance with this Code. ~ _ ~ ~ ~ -E, Political Signs . - , . i 1. Political signs may be placed on private property,provided each ~ candidate: a.. ...Shall place a.: deposit in. the sum of one hundred dollars ~ . ($100.00) with the.City Clerk. A receipt will. be issued which - ~ shall be deemed to be-a:permit.to.cover the placement of all the candidates campaign signs in accordance with the ~ :regulation herein. _At the termination of .campaign, or when . - the.: candidate is no longer:. a viable candidate, the one _ hundred dollars will.be refunded upon verbcation that all the candidates' signs have been removed within a seven-day ' time limit: Failure to remove the signs within the prescribed time or illegal placement of signs will result. in forfeiture of the deposit. ~ ~ Ordinance No: 02-1599 VI--.33 ~ ! Apri12002 ~ . - - - - ARTICLE Vl - - ~ SIGN REGULATIONS - ~ - b. Shall place signs after the candidate qualifies for an election- L,- - - - and shall remove signs within =seven {7) days after the general election, or after the primary-electiori~ if the individual - - - is no conger a viable candidate. - c. Confines each sign in- residential districts. to a maximum of socteen (16) square feet per face and in non-residential districts shall not Exceed (four (4} feet by eight (8) feet), ~ thirty-two (32) squaire feet per face. - - - - ~ - d. Shall not -place any political sign on any public property, _ 'public right~f way, nor attached to any utility pole or tree, - nor - on ~ any private. property without the permission of the - owner or as may bE~ allowed at the place of public polls. - - e. ~ ~ Signs placed'on prvate property should be erected securely ` ~ ~ ~ - to prevent displacement by heavy winds and so placed as to not interfere with traffic visibility from any public or private street or driveway: - - 2. Upon determination of thf: Administrator, illegal political signs shall- be physically removed by the City twenty=four (24) Hours after notification to the candid~~te or his authorized agent, if they have `J i~ registered with the City Clerk as ident~ed above. However, no City. - - notification: shall- be required for removal of illegal political signs of . - ~-candidates not-registered with the City Clerk, or signs placed within - - - public right-of-way o~ public lands, o~on.any Election Day, or within . twenty=four (24) hours prior- to the day of election. The Public Works Department for a maximum of seven- (7) days shall retain removed political signs. The candidate, or his authorized agent, may recover signs prior to disposal by retrieving them from the City. F. Real Estate Signs ~ - - - ' 1. One (1) real estate sign not to exceed the following square footage per parcel: LDR land'use district:: four square feet; MDR, GC, Downtown, and ~lnd: thirty-two square-fee~t. - ~ ~ • ~ 2:- Any lot located- on- a comer lot or multi street frontage- may have one v - (1) real estate sign bn the :street frontage- with a maximum of two (2} signs per site with each sign subject to the maximum sizes set forth in 1 above: ~ - - . - - . Ordinance No. 02-1599 ~ VI= 3~!• April 2002 ~ - ARTICLE 1/1 ^ - - = = ~ S?GN REGULATIONS ~ ^ . G. Garage Sale Signs ~ - . one (1) garage sale sign may .be. placed in -a yard. at a residence where r-, the sale is to be held. and no more than 5 (five) off-premises signs. - Garage sale signs .shall not exceed a maximum of four (4) square feet. - ~ Signs shall be allowed no,longer than from .5:00 p.m. on Friday until 8:00 a.m. on. the following: Monday= Signs: shad not. be located within any right . of way. - - _ ^ H. Portable (Trailer) Signs ~ . -1..~ _ Suchsigns shall be required to obtain a permit that shall not be .valid foraongeraan a period'of thirty (30) days, after which time the ^ ~ - ~ portable sign shall be removed from.the property_ r-.; - ; - . - . ^ 2. There shall be a maximum of one (1) portable sign per parcel and two 2 on multi-unit center with a minimum s acin ofiawo hundred O P 9 ^ ~ x(200) feet.between.any two (2) portable.signs. ^ 3. Portable signs shall be.fve (5) feet from.the. public right-of-way and ' at no `time interfere with the sight.line visibility of any intersection or driveway. ~ ~ 4. Portable signs shall be a minimum of ten (10)'feet from any side - - . property.line. ^ - 5. Portable signs, exclusive of the transportation mechanism, shad not - . exceed the exterior measurements: of`six (6) feet in height or ten (10) feet in length, (including a maximum sign face of five (5) feet ~ by ten (10) feet and maximum one (1) foot non-flashing light. baron ' ~ top of sign), and shall not have embellishments of any kind added to-the sign. - ~ 6. ` The placement of a .portable sign in a: parking -space that is required to meet the. minimum parking requirements of the City shall be . prohibited. 7: - : AII-portable signs shall be Iimited;to~GC and IND Land Use [)istricts in . accordance. with.. this, Code, ..runless approved by the Administrator. r. ^ - ~ 8. - ~ All incandescent .bulbs in, on .or attached to any portable sign shall ~ be ..rated at not. more. than seventy-five (75) 'watts. Flashing or distracting lights, including spotlights: if directed so as to cause a possible hazard to the public, shall be prohibited.. - ~ Ordinance No. 02-1599 VI- 35' _ ! apr~i.aoa2 ARTICLE V? - - SIGN REGULATIONS ~ 9. _ Portable signs are spec~cally prohibited from being used or - - constructed as a permaneirt type. sign. - - ~ - - 10. - Each portable sign shall have permanently displayed the name, `J business address and/or phone-numberof the owner~of the -sign, withletters no-larger than three (3) inches~~nor intended to be read from the public right-of-wad/. ~ - I. Street Banner Signs ~ - 1. No street banner signs shall be erected unless. first approved in - ~ ~ writing by the Administral:or-or his designee, Submission of Pole - - ~ -Attachment Agreement Frith Florida Power Corteration, Florida Department of Transportation, Seminole County or other agencies :v as needed, which will be granted upon finding oYthe following facts: - - ~ a. That the applicant is a public body or is a fraternal, - v ~ benevolent; -charitable; eleemosynary, philanthropic, ,v altruistic, civic, community, educational organization, v_ eteran - - ~ or other organization of like or similar nature. b. That the sign advertises an event, -function, or event of general public interest within the City of Longwood. c. That the location of the sign will not interfere with the traffic or public safety of the citizens of City of Longwood. :1 - -d. That the copy of~fire'sign does not violate any provision of - - ~ this Code. - - - ~ - 2. All approvals and denials sFiall be in writing and shall be transmitted to the applicant either iri person or by mail--sent to~ the address specked by the applicant at the time of application. The approval shall specify at least the f~~llowing: ~ ~ - a. How long the str~:et banner sign--shall be allowed to be displayed; howew~r, in no event shall such display be - ~ ~ ~ - allowed: to remain longer-than fourteen (14) days prior to the opening and' no m~xe than two (2)-days after the close of the. public event or, in the case of no opening or closing dates, ~ no longer than tlnirty (30) days without approval of the - Administrator, - Florida Power- Corporation, Florida Department of Transportation, Seminole County or other `J agencies as nece::sary. ~ ~ - Ordinance No. 02-1599 V1- 31i ~ ~ -April 2002 . `V I n .ARTICLE VI ~ - = ~ ~ ~ ~ ~ SIGN REGULATIONS ~ b. Who shall be responsible for erecting and dismantling the sign, and the cost of the same. - - c. The amount of bond required to insure the City of Longwood - will be indemnified against costs to ~ remove any street - . ~ ~ ~ banner sign shall be ,~in :the amount .of .five hundred dollars ($500.00).: . 3. If . an .application fog a -street .banner sign is denied by .the ~ ~ --_Administrator;~the applicant may appeal -such ;denial to the City _ . = ~ _ ~ - ~ Commission- of the City .ofi. Longwood.:if written notice of such _ ~ appeal is given~to the City Clerk of the. City of Longwood within ten -(10) days:after the_.date.of such written denial. ~ - _ . r•. -J: .Searchlights. = . ~ ~ - ~ Searchlights used 'to advertise or promote a business or to attract customers to~a property'may be a{{owed for a maximum of two (2) weeks without a Temporary Use Permit or approval of the Administrator. r. ' . 6.7.0 ..DESIGN, CONSTRUCTION, AND LOCATION STANDARDS - 6;7:1 Generally ~ All permanent signs must: comply with the following design, construction and location standards. 6.7.2 lllumirtation A. Sign lighting may not be designed or located to. cause confusion with traffic lights. . ~ ~ r.. - 6. Illumination by floodlights or spotlights:is: permissible so.lorig as none of the light emitted shines directly.onto an adjoining property or into the eyes of motorists or pedestrians using or entering public streets. C. Illuminated signs shall not have lighting mechanisms that project more than eighteen (18) inches perpendicularly from any surface of the sign over public space. r-• ~ ~ . r-. ~ r-, Ordinance No. 02-1599 VI- 37 ~ - ~ ~Aprif 2002 n - ARTICLE VI - " " ~ - ~ SIGN REGULATIONS ~ 6.7,3 ~.Placernent . ~ ~ " ~ ~ . - A. Near Public Street, and Private Driveway Intersections. 1. Visibility: Allsigns shall .be. designed and Located so as to not interfere with the visibility ~at any intersection, driveway or otherwise ,v create any traffic or pedestrian hazards.. - 2. Signs located..within- a sight-line distance shall conform in . ~ = accordance with this Codf;. Sight-line clearance distance for signs = shall be a triangular area farmed by the intersection. of two or more public right-of--way or.ptiwite street or driveway with two (2) sides of the~triangle .being twenty-fiVe- (25) feet in length along the abutting right-of--way/property {irnss, measun~ from their point of intersection, and the third side being a line connecting the ends of - . ~ the other two (2) sides. a~i case of private drives the measurement . ~ . shall be the same as abode but will be measured alon_ g the edge of ~ pavement and the interse~~ing right-of-way. ~ . " 3: ~ Signs in excess of two (2;) feet in height and located within a clear visibility triangle~inust=conform to"the following: " " " ~ "`i a. The bottom of .the sign must-be at least eight (8) feet above the highest crown of any adjacent street or driveway. . b. The sign must be supported by a single structure that does " not exceed eight (fl) inches in diameter. - - B. Setbacks ~ ~ - ~ ~ . ~ All signs shall be located no closer than five (5) feet from any right-of way or public property unless otherwise identified herein. Setback shall be measured from that. part of the sign or sign structure closest.to the street. `v C. Over Right=0f-Way IVo sign shall project over, into, or on a public right-of-way except as `J . ~ .permitted by this Code. ~ ~ ~ - ~ :v - - D. Blocking Exits, Fire Escapes,. Etc. ~ - No sign or sign structure shall be erected that impedes use of any fire `J escape, emergency exit, or standpipe. ~ . ~ E. ~ Clearance Standards 1. Over Pedestrian Way ~ All signs over pedestrian ways shall be a minimum of eight (8) feet above pedestrian way. ~ Ordinanc® No. 02-1599 VI=~38 - ~ April 2002 - = ~ aRr1c~E v! ~ ~ -S1GN ldEGULATIONS - - 2. Vehicular - Shall provide a minimum of seventeen .(17). feet: of .vehicular = clearance as required by City of Longwood Public Safety ' ~ . ~ [)epartment. ~ . - F: Relationship To Building Features - . A building.or wall sign shall not extend. beyond any edge.:of the surface to which it is attached. . _ - - . - :6.7.4:: Height - ~ ~ - - -All Ground signs shall. be limited to a maximum ~of twenty-fve (25} feet in height as defined in this Code or otherwise restricted by this Code... ~ 6.7.5- Format for Multiple-Unit Centers - Signs for multiple-.unit centers constricted or remodeled after the effective date of this Code shall conform to an approved master sign plan. The'sign plan steal{- be included as a submittal for authorization to erect such a sign and shall be maintained on file in the Planning Division. The format shall be presented in a - .plan or sketch, aogether with written- specfications. in sufficient detail to enable . the Planning Division to authorize signs based - on .the specifications. Asa minimum, the sign format shall-specify the types of signs and dimensions (not to exceed. the-size limits contained in this Article] which will. be :permitted each occupant. within the complex.-The sign "format-shall also.~contain common design - ~ elements; =such as .placement, color, shape, - or. style . of lettering, which lend a unified appearance.to -the signs :of the occupants within the 'complex. The sign format may only be modified with the approval of the Planning~Division upon submission of a revised plan and specifications detailing the noised format. : 6.7.6 Maintenance - - A. . All signs. and all components thenrof, including without .limitation,. supports, ~ braces; guys and: anchors, electrical. parts and lighting fixtures, and all painted and display. areas;.steal{ be. maintained in a state of good repair ~ and shall present a neat and clean appearance {i:e. no flaking, pealing or fading of paint). ' B.. The .vegetation :.around; in front of, behind, and underneath the -base of ' ground signs.fo,r a distance of ten (10) feet shall be neatly trimmed and ,r. free:of unsightlyweeds, nebbish or. debris.: Conditions or. materials that would constitute .a fire: or health hazard. shall rat be permitted under or ' - ' near the sign. - . - - . _ - ' - Ordinance No.'02-1599 Vt-:39 Apri1.2002 . - - ~ ~ - ~ ARTICLE Vl. - - ~ - ~ ~ SIGN REGULATIONS _ v 6.8.0 COMPLIANCE AND ENFORCEMENT . - _ 6.8.1 ~ Permit Required - - ~ - - - - • v A. A sign erected, altered, displayed or changed without a permit is an illegal ~ sign arid shall be subject to pen~dties set forth. Any person commencing - - work on any sign covered in thus Arlide-=without the appropriate- permit - shall. tie subject to a penalty of double the-permit fee or one hundred (100) dollars whichever is greater. ~ ~ - ~ ' - B. No sign or sign structure shall bra hereinafter erected, altered, .displayed,. _ or changed, except exempt sign:~ as-provided herein; until after a permit • ~ has been issued. Repainting or changing the message of a -sign shalt not, v in and of itself, be considered an alteration. ~ ~ .v C. All signs, other than those designated, shall require the issuance of a building (sign) permit prior- to ~ei.ection, maintenance or any work being done-on asign, in accordance with this Code. ' ~ ~ - 6.8.2 Removal of l61ega1 Signs - - - - A. Upon consideration of the Code Inforcement Officer, unlawful signs, other than those within the public right-of--way (covered below, item ~E), shall be . ~ physically removed by the C'tt~r after giving .ten (10) days notice, via - certfied mail, 'to the owner. The-City -shall retain signs so removed for seven (7) days before disposal. Owners may recover such removed signs . prior to disposal upon paymenl: of actual costs incurred by the City in removal and storage .of sign puts any fine"s -and/or penalties which. may . ~ have accrued. ~ ~ ~ - - B. All signs that are placed in the public right-of-way or on public land that are not placed there in accord~ince with this Code shall- be considered illegal signs and subject to removal or caused-to be removed immediately by the Code Enforcement Officer. ~The.City may retairi~signs removed, for seven (7) days, before-disposal. If retained the owners may recover such °removed signs prior~.to~disposal~upon payment:of~actual costs incurred by w - the City in removal and storage: of sign plus any fines and/or penalties which may have accrued. C. ~ If the Code Enforcement Officer shall find•that any~sign regulated under .these regulations is unsafe or insecure', he'shall give written notice to the permittee thereof. If the permittE;e fails to remove, repair; or alter, the sign so as. to comply with the standards set forth in the City of Longwood Codes and/or the Standard Building Code, and~~its .amendments, within v seven (7) days after such notia~, such sign may be removed by the City - and the cost assessed to the property owner of record. Ordinance No.~02-1599 1/t- 4(1 ~ Aprlf 2002 v ARTICLE VI - ~ ~ SIGN REGULATIONS r, D. If the Code Enforcement Officer shall. find that any sign regulated under , these regulations is an imminent danger to ,the health . or safety of the general public, he upon the approval of the Administrator, shall remove or cause the' removal of the sign or portion thereof that present the hazard. The City shall retain sign so removed for seven '(7) days before disposal. . Owners may recover such removed signs prior to disposal upon payment of actual costs incurred bythe City in removal and storage of sign plus any fines andlor penalties which may have accrued. Immediately upon removal, the Building offtcial shall notifythe property owner of record of his action identifying the location that the sign is being held and the reason or reasons that the sign was removed. n ~ ~ ~ ~ ~ ~ ~ n i ~ r-, . ~ Ordinance No. 02-1599 VI- 41 ~ April 2002 ' I I - ~ ARTICLE Vll ` - - - ~ - - ~ ~ CONCURRENCY MANAGEMENT SYSTEM ~ ~ . sue`-" '-t i «r ~ ~ _ ~c rr~.~-~-z ~ a -fir ~ ~ 7.1:O::GENERAL~PROVISIONS . . - ~ - VII-2 r-. . _7.1_.1 Intent . - - - _ . - - VII-2 7.1.2 Purpose - ~ VII-2 7.1,3 .Applicability-. ~ _ _ . ~ ~ VII-2 - 7..1.4 Adopted Levels of Service . - ~ ~ VII-2 -7.1.5 .Costs of Studies. - - . ~ VII-2 ~ 7.2.0 EXEMPTIONS - - ~ VII-2 - n 7.2.1 Generally ~ . VII-2 ~ -7.2.2 Vested Developments - ~ ~ . ~ VII-3 -7..2.3 Redevelopment Projects . . _ - ~ . _ VII-3 r., r-, 7:5.0 CRITERIA FOR CONCURRE_ NCY ~ ~ VII-4 . ~ 7.2.1 Generally - . VIII . 72.2 .Sanitary Sewer, So{id Waste, Drainage,-Potable Water. - - VII-4 7.2.3 .Parks and Re_ creation ~ ~ ~ ~ ~ VII-4 7.2.4 Roadways - ~ ~ - ~ ~ ~ VII-5 ~ _ 7.4.0 METHODOLOGY FOR DETERMINING DEM~4NDS ON ~ VII-6 - ROADWAYS_ _ ~ ~ 7.4.1 Determination of -Demand - ~ VI I-6 7.4.2 Traffic Analysis - - ~ : VIl-7 r` 7.5.0 CONCURRENCY REVIEW PROCESS, VII-8 r, ~ 7.5;1- Generally - ~ - - - VII-8 ~ 7:5:2 Procedures . ~ ~ . - . VII-9 - _ , r-. - - - r~ . i ~ ~ Ordinance lNo. 02-9599 ~ i/11-II April 2002. r-. r-. v . - ARTICLE Vll v - CONCURRENCY MANAGEMENT SYSTEM - ~ 7.1.0 GENERAL PROVISIONS. - - ~ ~ ; . . i 7.1:1 Intent . Concurrency is a finding that the public facilities and services necessary to support a proposed development are available, or will be made available, concurrent with the impacts of the development. This Article. is intended to. ~ , provide a systematic process for the review and evaluafion of all proposed development for its impact on concurrency facilities and. services as required by .the Local Government Comprehensive Planning and Land Development Regulations Act, Chapter. 163, Part II, Florida Statutes, and Rule 9J-5.0055, Florida Administrative Code. - ~ - 7.1.2 Purpose The purpose of this Article is to ensure that development orders and permits are conditioned on the availability of concurrent facilities which meet adopted level of . service requirements established in the City of Longwood Comprehensive Plan. 7.1.3 Applicability : ~ ~ - Unless specifically exempted below, a concurrency determination as provided for in this Article, shall be made in conjunction with the following:) . - ~ A. Application for a construction. permit pursuant to Section 10.1.0. B. Application for approval of a development. plan pursuant to Section 10.2.0. ~ - C. Approval of a preliminary plat pursuantto Section 3.3.0. .7:1.4 Adopted Levels of Service ~ ~ ~ . _ The adopted level of service standards for potable water, sanitary sewer, ~ drainage, parks and recreation; solid waste, roadways,- and .fre ~ and police protection are established in the Ci#y of Longwood Comprehensive Plan. 7.1.5 Cost of Studies J The cost of any study necessary to determine the impact of a development on any of the facilities. for which level of service standards have been .adopted shall- ~ - be home by the applicant. v 7.2:0 EXEMPTIONS ~ ~ 7.2.1 Generally The following development shall be exempt from concurrency review: A. Residential developments which would result in the creation of one (1) single family .:dwelling, or one (1) two family. dwelling as well.. as Ordinance No. 02-1599 VII-2 Apri12002 - - - - - ~ - ARTICLE-171/ - . - - - - - - - "CONCURIZENCYMANAGEMENT SYSTEM - developments- that entail structural -alterations. toy single family structures - - which do. not, change~the use -of the: strudLre or land. - . - . B. Change of use, or expansion, of non-residential developments of up to ten percent (10%) of the existing gro:~s floor area,. providing such change of use, or expansion, is. estimated to generate less. than a cumulative frfteen - (15) percent unit of utility demand. Trip generation data shall be pursuant to the latest edition of the lnstitul:e of Traffic Engineers publication, Trip" - ~ - . Generation Manual. ---Multiple- expansions of one development shall be - cumulative. " ~ - ~ - ~ C: Construction of residential or -.non-residential accessory buildings and - ~ structures; which do nat create-additional public facility demand. - - D. Actions administered through non-impact development orders as well as ~ other developments which do not increase demand on public faalities,. - such as "grading or excavation of~ land, ~or structural alterations -which. do - - not indude"a:change of-use:- ~ ~ - - - - - 7:2.2 Vested Developments - ' , ~ . Developments with valid-final~developme~nt orders prior:to-July 20, 1992, shall be " considered -::vested and- exempt from ~ concurrency management. These " development orders shall indude the foll~~wing:. - - " . _ ` A. Any development for which a valid building permit was issued prior to July 20, 1992 and has not expired. - - ~ - . " - " B:: -:All vacant lots in singe-family "dEaached, single:-family: attached, and two family subdivision plats that were platted and recorded-prior to November ~ 2, 1992. ~ - ~ - - :7.2.3 Redevelopment Projects . - - . r, - A. If a redevelopment proposal generates demand in excess of "one hundred " ten :percent. (110%) "of the estat~lishment :it is. replacing, a -concurrency - review shall~:be~ required.: However, the .concurrency review shalt only be directed to the demand generated that exceeds one hundred ten percent (110%) of the"demand of the prior existing development.:. - - - B. If the: proposed redevelopment. generates" equal- or: Tess demand than the ~ existing development, the applic~int for concun'ency review shall be given - a concurrency credit - `memora~idum ~ within .thirty " (30) .days of the concurrency evaluation that enables the applicant to reserve the unused - .capacity. The concurrency. credit: memorandum will expire within three (3) years-of its issuance: ` - - Ordinance 6Uo. 02-9599 ~!/II~I - "April 2002 '`i . ARTICLE Vll . ~ . CONCURRENCY MANAGEaV1ENT SYSTEM . - ~ C: ~ The applicant's-submission of an application for a demolition permit shall ~ initiate the concurrency review for the express purpose .of issuing credits for redevelopment. - ~ 7.3.0 CRITERIA FOR CONCURRENCY . 7.3.1 ~ Generally . ~ ~ _ No development approval as set forth in Section 7.1.3 shall be granted unless the City finds that capacfty for public facilities eidsts at, or above, the adopted 'v' level of service (LOS), or that improvements necessary to bring concurrency facilities up. to .their adopted t_OS will be. in place concurrenf with the impacts of the development. The City shall find that the following criteria have been met in ' order for a proposed development to be found in compliance with concurrency management requirements. 7.3.2 Sanitary Sewer, Solid: Waste;. Drainage, Potable Water 'The concun'ency requirements for sanitary sewer, solid .waste, drainage, and potable water facilities, may be met Liy meeting any of the following standards: A. The development. approval is granted .subject to the condition that at the ' time- of .the :.issuance -of . a. certificate of occupancy, . or its ~ functional ~ equivalent, the necessary facilities and services are in place and available to serve the new development. ~ B. At the time the development order - or permit is issued, ae necessary facilfies acid services are guaranteed. in an enforceable, development `J agreement to .be in. place and available to serve newt development at the . ~ time.of.the issuance ofia certificate of occupancy: ~ ~ 7.3.3 Parks and Recreation `J~ The concun`ency requirements for parks. and recreational:may be: met by meeting any of the following standards: ~A: At ahe time the development approval is granted, the necessary facilities . and services are irr place or under actual construction. ~ - v B. The development approval is issued subject to the condition. that at the time of the issuance of a certificate of occupancy or its functional `J equivalent;-the .acreage for the necessary facilities.. and services to serve - the new development is-dedicated or acquired by-the local government, or .v funds in the amount of the developer's fair share are.committed; and, . ~ is 1.. -The development approval-,is issued subject to the conditions that the necessary facilities and services needed to serve the new development area scheduled to be in place,. or under. actual Ordinance No. 02-1599 .VII-4 ~ April-2002 ~ - - - ~ ~ - ~BRTICLE Vll - ~ ~ = - - . ~ . - . ~ : CONCURRENCY N1.4N.4GEMEAIT SYSTEM ~ _ - ~ ~ construction', not more -than one (1) :year after issuance of a . certificate 'of occupancy-or..uts. functional equivalent, as provided in the ~ City of Longwood" five (5) .year = schedule. of 'capital improvements; or, - 2. . At the time the developm~:nt approval is issued, the necessary ~ - facilities and services anr~ the subject of., a: binding executed ~ . - - -agreement which requires the necessary faalities -and services to serve the new development to be in place or under--:actual construction not more thin one (1) year after issuance of a - ~ - -certificate of occupancy or ii,s functional.equivalent;-or, ^ ~ - - - 3. - - At the:.time -the development approval is. issued, the necessary facilities and services ;are guaranteed in an enforceable development agreement pursuant to Section-163.3220, F.S., or an agreement or development. order issued pursuant to Chapter 380, F.S., to be in place or undE:r actual construction not more than one ^ ~ (1) year after issuance of a certificate of occupancy or its functional ~ - equivalent. ~ ~ - - 7:3.~ Roadways ~ - ~ The concurrency requirements for -roadvuays may- be met-by:meeting any of the following standards:. ' ~ ~ ~ ~ ~ ~ ~ - ' A. At. the ,time. the development~.or~~ier: or. permit. is"issued,. the necessary ~ - facilfies and services are in place or under actual .construction. ~ ~ - ^ B. A development order or permit is issued subject to the. conditions that the - necessary facilities and services needed. to serve the new development are scheduled .to- be in .place; or under actual "construction, not more than - three (3}years after issuance of ~i..cert~cate of.occupancy or its functional equivalent, as provided in .the. Ciiy~of Longwood five~(5) year schedule of ~ -capital :improvements, or..as provided in the first three (3) years of the applicable :adopted Florida Department of Transportation five (5) year ^ work program ~ ~ . . C. , . At the. time ~a development order . of .permit is issued, the necessary ~ . facilities.and services are "the. subject of a .binding executed agreement which requires the necessary ~fi~cilities and services to serve the new development to be in place or ender actual construction no more than ~ three.:(3) .years after the issuance of a certificate ~of occupancy or its ~ .functional equivalent;.or; . ^ - D.. At the time a development order or permit ° is- -issued, the necessary . facilities and services are guaranteed in an:: enforceable development agreement, pursuant to Section 163.3220, F.S., to be in place or under . Ordinance Flo. 02-1599 -VII-!i - ~ ~ ~ Apri12002 I " ~ ARTICLE VI! - =CONCURRENCY MANAGEIWENT SYSTEA9 " actual construction not more than three (3) -years -after issuance of a .certificate of occupancy or its functional equivalent,. v. 7.4.0 METHODOLOGY FOR DETERMINING DEMANDS ON ROADWAYS " . _ 7.4.1 Determination of .Demand - ~ " In determining demand for available capacity for roadways, the following criteria shall be used:` ' ~ ~ A: Residential Development: For proposed residential development . (except within planned developments}, the following trip generation rates shall=be used to calculate the impact of the proposed:development: ~ . y Land Use Tvpe Trips. Per Day Single Family ~ ~ 10" Multiple Fami(y 8 B. Non-Residential Developments For all other land 'use categories1 the impacts of development shall be measured by utilizing the average daily trip generation rate associated with the land use designation in which the " 'proposed development shall occur, using the mosf recent .published edition of the Institute of Traffic Engineers' Trip ~ Generation ..Manual. Internal capture rates may be considered in determining. traffic volumes for mixed use'developments; however, the applicant shall bear the burden. of ~ demonstrating any internal capthre rates of the total non-residential trips. v s ~ C: ~ Other Methods-and Procedures` - ~ ~ . ~ " 1. if the preliminary level of service information indicates a deficiency in roadway capacity based. on adopted Level of service (LOS} standards (described in~ Section 7.4.7), ~ the developer may at his option, prepare a more detailed. altemative~ Highway Capacity Analysis as, described in the Highwav Capacity Manual (Special Report 209, Transportation Research Board; National Research J council, 1985); or conduct a travel time and delay study following "professional standards and procedures contained in the Florida Department of Transportation, -Traffic Engineering Office in its Manual for Uniform Traffic Studies. ~ - ~ - 2. For all new developments; including new subdaision plats that are anticipated to generate five-hundred . (500} or ;more: trips per day, . the developer shall be required to submit a ;traffic analysis that identfies the development's impact on the City's transportation system:. - I.::. Ordinance No. 02-1599 VII-6 i ~ ~ - - ~ Aprif2002 '~i - l~ ' _ ~ ARTICLE Vll . %~i ~ - - ~ . - : ` . CONCURRENCYMAl11AGEMEAIT SYSTEM - r-. - 3. The Administrator may al:;o require the submission of a traffic analysis for developments that generate. less than fwe-hundred (500) trips per day if the site location, anticipated total trip ~ - generation cin:ulation - pattE:ms, or other such factors, warrant a more extensive,review-of traffic impacts: ~ - - - 4. ~ .The impact area for the .traffic analysis shall include adjacent and - = - . connected roadway segments, as-determined by the-Administrator. - The applicant may apply ali:emative trip alloptions, together with a - statement of ~ trip ..allocation .methodology consistent with ~ professional standards established in. one (1) - or more of the ~ - - following documents: - - a. " Highway Capacity ~ Manual. Special Report r,_ ~ ~ 209,Transportation Research Board,.- National Research Council, 1985; - " - . b. Florida Highway System Plan,"'Traffic Analysis Prooedures,° - ~ Florida Department of Transportation, Bureau of Multi-Modal r, -Systems Planning, 1987.; . - - ~ c.: Florida-.Highway Sy:;tem-.Plan:: °Level of Service Standards - and Guidelines . -Manual," . Florida Department of Transportation, 198E~; ~ - - - - - ~ d.. Trip Generation - Manual.. -Institute of Transportation ~ :Engineers. (latest edition); or,. - e. Transportation and Land -Develoament, Stover, Virgil G., Institute of Transportation Engineers,.1988. 5. If the alternative methodolc?gy indicates there is no deficiency in the capacity based on the adopted level of service standard, the results of the alternative methodol~~gy will be used. However, the City shall r, ~ at its discretion reserve the option: to have .the. methodology reviewed by a professional~transportation engineer or transportation planner, prior to acceptirici the methodology. The cost for such review shall be borne by the applicant. - ~ ~ - - 7.4.2 .Traffic Analysis. ~ . - _ ~ : . ~ ~ The traffic analysis shall include the following: - A. -Total projected. average weekday trips for the .proposed development; ~ B. Pass-by capture rate (commercial land uses only); Ordinance No. 02-1599 . Vll-T April 2002 n - ARTICLE Vll - - - ~ -CONCURRENCY MANAGEMENT SYSTEM . ~ - - C. ; Internal capture rate; - - - ~ v D: Daily external trips based on the most recent edfion of the Institute of Transportation Engineers Trip Generation Manual; and, E. Projected peak. hour .peak direction vehicle trips on- all segments of the arterial and collector street system affected by the development proposal. . ~ - ,v - 1. Design capacity of the:accessed road(s); 2. Analysis of traffic distribution on the road network, including all links impacted by more than, ten percent (10%) of development traffic or five-hundred (500) -trips per day, whichever .is greater. The trip - ~ distribution shall be consistent with the °presets° contained in the - approved trip generation model; - - ~ ~ 3. Necessary operational improvements to the Gty, County, or State - maintained transportation system, - in order to maintain the - appropriate level of service for the roadway; i - ' 4. Justfication, including appropriatereferences for the use of any trip - generation rates, adjustment-factors or traffic assignment methods not previously approved by the City; - 1 - ~ - 5. The latest edition of the ITE Trip "Generation. Manual. shall be used . to catcutate.these estimates: Adjustment s to these estimates may `J be~ made based. on special trip generation information supplied by - - the.applicant; and, 6. Other related information as required by the City. . , . - - 7.5.0 CONCURRENCY REVIEW PROCESS 7:5.1 Generally. . ~ . ~ ~ - A. Responsibility of Administrator. The Administrator shall. be responsible for~the administration of the Concurrency Management: System. No final development order shall be issued for any development subject to the requirements of this Article unless it meets the conditions-stated-herein. . ~ ~ Ordinance No. 02-1599. VII-8 ~ April 2002 ~ ~ i ~i - ~ _ - ~ ~ ~4RTICLE VII - - . - - . ~ . - - ~ - CON~CURRENCY Mkt N.4 GEMENT SYSTEM . - B. -Annual Status Report The Administrator shall, at least- annually, present a concurrency - management status report to the land ;Planning Agency in sufficient time r,- ~ - . ~~to allow its review` and' recommendation to -the City Commission for . - - `preparation of-the Cit}r's Capital Improvement Element and Budget. C. Traffic Counts - - - The Administrator shall, at least annually, publish the annual average daily vehicle trips counts -for .the atte:riaf and =collector roadway segments . - ~ - -affectingahe City.. Said traffic counts may also.be.collected and published - - for'locaf'streets:as the need warrants. - . - 7.5:2~.Procedures- - _ _ - ~ . - ~ 4. ~ ~ All ° applican#s -for developrnents subject to a- concurrency review shall make application in the, manner and form described by the . ~ ~ City of Longwood, and sh;~ll at a minimum include the proposed ' - use, its density or intensity grid anticipated completion date. . ~ - - ~ - 2: No application for cori'cirmency review will be considered unless the - - ~ - proposed developmert_ is~-c:onsistentwith the land use designation - ~ ~ - on the FLUM - ~ - - - - - - B. Development Assessment - - - ~ The review of concurrency applications shall be based on the .best ' ~ available information: The information provided ~in -the concurrency - application shall be assumed to tie correct and shall be relied on for the assessment. - - ' C. Concurrency Determination . The Administrator shall provide ttre applicant with a -written determination r., concerning the proposed development no later than thirty (30) days after submission of the.complete application. r-. 1. Identifying the available caloacity of each facility; r, - ~ - - ~ 2. Identifying any facility deficiencies; - ~ 3. Identifying the improvements required for a deficient facility to meet - ~ the adopted level of servirr3 standards; and, - - 4. Other such :findings as. may be pertinent to the specific development. r•, - Ordinance Flo. 02.1599 i/II-9i - - - April 2002 i ARTICLE Vll - - ...CONCIlRRENCYMRNAGEMENT SYSTEM v D. Certificate of Concurrency - ~ 1:~. ~If the Administrator finds that the development may be constructed without causing. a :redudien. in. any {evel. of service established in the comprehensive plan, a Certficate of Concurrency shall be . issued. - w 2: If- -construction of -the development does- not- substantially -oommence.within.one-year of;the date of issuance.of._the Certificate of Concurrency, the certificate shall ~ lapse and, a new concurrency . .determination must be made for the development. ~ 3. Once development commences, it shall proceed to completion- in accord with the authorizing development order. If construction of . the development ceases fora ,period of 180 ~nsecutive days or the permit is revoked, the Certficate of Concurrency shall. lapse,. - ~ _ and a -new concurrency determination .must be made before the - development may be completed.: ~ • E. Concurrency Resolution-~ ' - If the concurrency .review determines that the proposed development will - ~ , result 'in a reduction :of service below•~any established level o service standard contained in the comprehensive plan, the City and the applicant - may enter into a development agreement guaranteeing adequate facilities ~ ~ and services pursuant to the provisions of Section 7.3'; 0. ~ . . • - - - ~ ~ ~ I:.. - 1 . - ~ `.i - - 'u ~i i '~i Ordinance fYo. 02-1599 VII-10 ~ April 2002 ~ ~ ~ - - - ART/CLE Vlfl - . , ~ - ~ - - BOARDS AMD AGENCIES ~-~t'~.` ~z~~~ 4 ~ : ~ ~ ~ ~ .gym k ~~x . ~ _ - - 8..1:0 GENERALLY - - VIII-2 8'.1.1 Purpose " - ~ ~ = ~ .VIII-2 - . - 8.1.2 Removal of Board: Members ~ - - ~ VIII-2 - - 8:2.0 LAND PLANNING AGENCY ~ ~ - VIII-2 8.2.1 Creation ~ VIII-2 - 8.2.2 :Membership- . _ . - - ~ ~ ~ - VIII-2 8.2.3 Officers - : - ~ - ~ " . VIII-2 - 8.2.4 Authority and Responsibilities Vf11-2 -8.2.5...14Aeetings - - - ~ .VIII-3 - 8:2.6:. Supplemental Procedures - ~ - ~ - - - VIII-3 ~ ~ - 8.3.0 BOARD OF ADJUSTMENT - - , : Vlll=3 . . 8.3.1 Creation ~ ~ ~ VIII-3 • ~ 8:3.2 Membership ~ Vlll-3 ~ 8.3.3 (?fficers _ VI{I-3 . - 8.3:4 Authority and Responsibilities - ~ - - - - Vill-3 8.3.5 Meetings and Voting ~ - ~ ~ ~ VII I-3 8.3.6 Supplemental.Procedures VIII-4 - . n 8:4:0 HISTORIC PRESERVATION BOARDS ~ - VIII-4 • 8.4,'8 Creation ~ ~ - - - - ~ _ . VIII-4 ` - 8.4,2 -Membership ~ _ ~ . ~ - VIII-4 rte, 8.4.3 ".(Officers - - ~ ~ - ~ VIII-4 8.4.4' :Authority and Responsibilities- - ~ ~ ~ Vtll-4 8.4..5 Meetings - : _ ~ ~ VIII-4 _ 8.4.6' Supplemental Procedures ~ ~ - VIII-4 _ ~ ~ ~ - - ~ - - . ~ ~ - Ordinance No. 02-1599 VU!-1 April-2002 ARTICLE Vlll ' ~ - ~ ~ BOARDS AND AGENCIES 8.1:0 GENERALLY ~ - - .J - - - . 8.1.1 Purpose . ~ - ~ ~ ~ - ~L. ..The following boards are created tb implement the provisions of -the Longwood Development Code. - ~ - - - ~ _8.1..2 Removal of Board Members A member of any Board established in this Artide may be~removed for cause bythe City. Commission. Cause for removing a-board member shall be based on the - .memberis violation of: - ~ ~ ~ ~ - - A. The Rules and Procedures and Codes of Conduct for City Volunteer Board Members adopted by the City°Commission; or ~ B. Any rules of conduct contained in the rules and procedures that may have .v been adopted by the individual board-on which the member serves. 8.2.0 LAND PLANNING AGENCY 8.2.1 Creation - The Land Planning Agency (LPA), created pursuant to Article VII of the City Charter, v i is re-authorized as set forth herein. ~ ~ _ 8.2.2 Membership - ~ ~ - . ~ The LPA shall consist of five members with each, member appointed for a term of three years. The terms of the members.shall be staggered. so that rio.moce than two terms expire in any one year. The members shall be residents of the City of Longwood: Consideration shall be given to applicants with .experience in land .development and regulation (for example: architecture, engineering, landscape architecture, real estate, construction, surveying, cityplanning). Appointmenttothe - LPA shall be by the City Commission, each...member of which appointing one member of the LPA subject to a concurring vote of the City Commission by simple majority. All members of the LPA shall serve without compensation. 8.2.3 Officers - - - ~ .J The LPA shall.annually elect a Chair and Vice Chairfrom among its members. . 8.2.4 Authority and Responsibilities The LPA shall have the general responsibility for recommendations regarding the Cites growth management and land development regulation programs. Specifically, the LPA shall have such authority and responsibilities as granted or assigned to it by the City Charter, by Chapter 163; Florida Statutes or by specific provisions of the Development Code. Ordinance No. 02-1599 VIII-2 Ap~i 2002 ~ . r-, ARnccE ~rrr . ~ ~ ~ _ BOAlZDS AND AGENCIES - 8.2.5 Meetings ~ - r~ The LPA shall generally meet the second Wednesday of the month, if there is ~ sufficient business to warrant a meeting. ~ The Chair, or vice chair, may call other meetings as may be. necessary, provided: notice as required by this Code is given. ~ At its first meeting of each ca[endaryear, the-LPA stiatl elect the Chair and Vices Chair, and conduct other business required on an annual basis. - ~ - 8.2.5 Supplemental Procedures ~ - ~ - ` If :deemed. necessary by the. LPA, it may establish written rules of procedure to . supplement the procedures. set forth. in the' Development Code. The LPA shall _ ~ annually review any adopted supplemental rules of procedure and make changes as may fie appropriate. _ - 8.3.0 BOAR® OF A®JUSTNlIENT 8.3.1 Creation . . , . ~ The Board of. Adjustment (BOA}crea_ted pursuant to Article VII of the City,Charter is re-authorized as set forth herein. ~ ~ ~ ~ - ~ - _ 8.3:2 Nlembeiship, . - ~ ~ - The -BOA shall consist of five members. Each member shall- be appointed for a - terrri of three~years. Theterms of the members shall be staggered so that no more than two terms expire in_any one year.: Ttie members shall be residents of the City of Longwood. Preference shall.. be given to applicants wittr~ experience . in land development and regulation -(for example: architecture, engineering. landscape _ ~ architecture, n~al estate, construction, surveying, city planning).:Appointmenttothe BOA shall be by the City Commission, each member of. which appointing one ° member of the .Board subject to a concurring vote of the City Commission by simple majority. All members of the BOA shall-serve without compensation. ~ 8.3:3 Officers ~ ~ . The BOA shall annually elect a Chair and Vice Chair from :among its members. 8.3.4 Aut6~ority and Responsibilities -The BOA shall have such authority and.rESponsibilities as granted'or. assigned to it ~ by the City Charter or ~by specific provisions of ahe Development :Code. ~ 8:3.:i ' Afleetings and Voting ~ ~ ~ - A. .The BOA shall generally meet the fourth W ednesday of the .month, if there is . sufficient business to warrant a mE~eting. The Chair, or vice chaic,:may ca(I ~ ~ other meetin s as ma be neces:;a g y ry, provided notice as. required' by this ~ Code is given. - At the first meeting of each calendar year, ahe BOA shall elect the Chair and Vice-Chair, and conduct other business required on an annual basis. _ . _ ~ Ordinance No. 02-1599 VIII ~ ~ Alpril 2002 n . I - - . - ~ ~ ARTICLE-V/ll . - BOARDS ,4ND AGENCIES B. A quorum shall consist of three members. ~ - - C. A majority vote. of the entire membership is required to overturn an - administrative decision; which has been appealed to the BOA. - .8.3.6 Supplemental Procedures If deemed necessary by the BOA, it may establish written rules .of procedure to supplement the procedures set forth in the _ Development Code. The "BOA shall annually review any.adopted supplemental rules of procedure and make changes as may be appropriate: ; . - . 8.4.0 HISTORIC PRESERVATION BOARD - - . - - ~i i 8.4.1 Creation The Historic Preservation Board .(HPB), created by Ordinance 983, August 20, 1990, is re-authorized -as set forth herein. - ~ - . . - 8.4.2 Membership - The HPB shallconsist offive-members. Each member-shall be appointed for a term of three years. The terms of the members. shall be staggered-so thatno more than two terms expire in any one year..The members shall be residents of the City of Longwood and/or own a business or property within. the Historic District. All- } members of the Historic Preservation shall serve without compensation. - 8:4.3 :Officers: - - ~ The HPB shall annually elect a Chair and Vice Chair from-among its members. .v - ~ 8.4.4 Authority and Responsibilities - The HPB shall have the authority and responsibilities asgranted orassignedao it by specific provisions of he Development Code. ~ '8.4.5 Meetings _ ~ , ,v The.HPB shall meet generally meet'the. second Tuesday of 'the month, if there is sufficient business to wan-ant ameeting, -The Chair or Vice .Chair may call other meetings as may be necessary, provided notice required by this Code is given. At the first meeting of each calendar year, the HPB shall elect the Chair and Vice- Chair, and conduct other business required on an annual basis. -8.4.6 Supplemental Procedures If deemed necessary by"the HPB it -may establish written .rules ®f procedure to supplement and not inconsistent with the procedures set forth in tlie.Development Code. The HPB shall annually review any.adopted supplemental rules of procedure and make changes as may be appropriate. - ~ . Ordinance No. 02-1599. ~ VIII.4 ~ Apri12002 i ~ ~ ARTICLE IX HARDSHIP RELIEF rr~v ~ . ~€"'yF ~s{ 4~' ~~xtt+§,j?~ ,.ct` ~ }iv r7r3~k s» z.- ;42' : ' ;.t~,pr" ~ ac a`.~" o-.c`xs~~~~~a3~..~ih~!''K~~"v.Y;T~ ~ ~'~'4Y... ^ M ~~"r,~` ~S~` } h '~~tT.~.~~ h ~ ° n~.~ YYX:t~ ~~s ~ 3dY ~1,~ 1a r - A ~ gg~q~•# .fir-;. t~'~r,~,. It ' ~ }y~y t:L'~ 'ac4 ?d ~ ^ ~fi t'~-,~j'~°°.r~i~~$x!~ s ~ ro =~..L s i~, k~ F ~~,~~~t WF = Vii' 9.0.0' :PURPOSE ~ ~ IX-2 9.1.0 EXISTING NONCONFORMING DEVELOPMENT IX-2 9.1.1 Defined IX-2 9.1.2 Continuation Of ~ ~ ~ IX-2 9.1.3 Termination Of Nonconforming DE:velopment IX-2 r. . . 9.2.0 VARIANCES ~ ~ ~ ~ IX-4 9.2:1 Generally ~ ~ ~ ~ . IX-4 9.2.2 Limitations On Granting Variance: IX-4 • 9.2.3 Special ~ Provisions .Where V~iriance Is Sought To IX-5 Requirements To, Flood. Damage I'reventiori. Regulations rte. . • . ~ ~ . ~ - ~ r-, OMi.nance No. 02-'i599 ~ IX-1 April 2002 i ~ I i ARTICLE IX - 'HARDSHIP RELIEF ~ 9.0.0 PURPOSE The purpose of this Article is , to provide mechanisms for obtaining relief from the ,provisions of this Code where hardship would otherwise occur. Two .forms bf hardship are addressed: (1) Section 9.1.0 addresses hardship that would be caused if nonconforming development were required to immediately come into compliance with this. Code;. and (2) Section 9.2.0 addresses the hardship that may be caused in particular cases by the imposition of the Code's development design standards. 9.1.0 EXISTING NONCONFORMING DEVELOPMENT ~ 9.1.1 Defined, ~ I Nonconforming development is development that does not ~ conform to the use regulations in Article 11 and/or the development design and improvement standards in this Code. 9.1..2 Continuation Of ~ ~ Subject to theprovisions below for terminating nonconforming development;. such development may, if otherwise lawful and in existence on the date of ~ ' enactment ofthis Code; remain in use in its nonconforming. state. 9.1.3 Tenmination Of Nonconforming Development ~ ~J A. Generally Nonconforming development must be brought into full compliance with the use regulations in Article 11 of this Code,. and the developrent design and improvement standards of this Code, 'in conjunction. with the following `J activities: 1. The gross floor area of the development is expanded by more. than ten (10) percent, or more than one thousand .(1000) square feet, whichever is less. Repeated expansions of a development, v constructed over any period' of time ,commencing with the effective date, of this Code, shall be combined in deter'rnining whether this threshold has been reached: 2. Reconstruction of the principal structure after the structure has been substantially destroyed 6y fire or other calamity.. A structure is "substantially destroyed" if the cost of reconstruction is fifty (50) percent. or more of the fair market value of the structure before the calamity.. If there are multiple principal structure's on a site,. the cost _ ~ Ordinance No. 02-1599 ~ IX-2 April 2002 i I r-, ^ ' r-, a - ~ ~ ARTICLE /X ^ ~ HARDSHIP RELIEF ~ ~ of reconstruction shall be' compared to the ~ combined fair market value of all the structures: 3. The nonconforming use ce~~ses for any reason for a period of more than one hundred eighty (1.80) `consecutive days: Such cessation ~ in itself shall not require,.thE; development to come into compliance ~ . ° ~ . ~ with site development standards; but. only that the new use be in compliance with the use regulations in Article I I: . B. Special Provisions For Nonc~~nforming Stormwater Management Facilities In..addition to the.:.. activities listed in~ Section 9.1.3A, an existing ^ development that. does not comply. with the stormwater management requirements of this. Code must be brought into full compliance when the r• use of the ,development is in~:ensified, resulting in ~ an increase in stormwater runoff or added concentration of pollution in the runoff. _ ~ C.. ~ ~ Special Provisions For Nonconforming Parking Requirements In addition to the .activities listed in Section `9` 1.3 A,. full compliance with the~parking.and parking area lanclscapiuig requirements of this Code shall be required where the seating ;capacity or other factor `controlling the number of parking spaces required by this Code is increased by ten (10) percent or more. ~ ~ ~ . . ^ ~ D.: Special Provisions for Nonconforming Lots~of Record 1. On lots of record. as of the date of adoption of this Code, which are substandard as to lot area, lot width; or both; and which are designated as'LDR in the lsuture Land Use.Element, a single family ~ residence and. accessory structures may be constructed in accord with all other site development standards in this Code. . ~ : 2.. On~ lots of record as of the date of adoption of this Code, which are ^ substandard as to lot area; lot width, or ~ both, and which are designated as MDR in thE: Future Land Use Element, a residential duplex and accessory structures may 6e constructedin accord with all other site development~standards in this Code. ^ ' 3: Substandard. lots of recoa-d may not be built upon except as set ^ forth in 1 and 2 above. ;.~.r ~ Ordinance No: 02-1599 IX ;l ~ Qpri12002 ARTICLE.IX ;HARDSHIP RELIEF 9.2.0 VARIANCES 9.2.4 Generally A.. Granted By Board of Adjustment ' ~ The Board of Adjustment may grant a variance from: the strict application . of. any provision of this Code, except. provisions in Article II (Land Use)'. and Article VII (Concurrency Management), .if the following procedures are . followed and findings made. B. Procedure The procedures established . in . Article. X of this .Code for review of applications for variances shall be followed.. ~ 9:2.2' Limitations On Granting Variances . ~ ~ i v A. Initial Detenmination The Board of-Adjustment shall.frst determine whether the need for the .proposed variance arises :out of the .physical surroundings, shape, topographical condition, or other physical-or environmental conditions that . are unique to the specific property involved. 'If so, th'e Board shall make the. following. required fndings .based on the granting .of the variance for J I that site alone. If, however, the condition is common to numerous sites so that requests for similar variances are likely to be received, the Board shall make the required findings based on.the cumulative effect of .granting the . variance to all who may apply. B. Required Findings The Board of.Adjustment shall not vary the requirements of any provision of ,this Code unless it makes :a .positive finding, based on substantial competent evidence; on .each of the following: . 1. There are practical or economic~difficulties in carrying out the strict letter of the regulation. ~ ~ I. 2. The variance request is not based'. exclusively upon a desire to ~ reduce the cost.of :developing the site.. 3. The proposed variance will not substantially increase congestion on surrounding public streets; the danger of fire, or other hazard to the ~ public. v Ordinance. No. 02-1599 IX-4 ~ Apri12002 ~..J . ARTICLE /X . HARDSHIP RELIEF 4.:. The proposed variance .will .not substantially diminish property values in, nor after the ess~;ntial character of; the area surrounding the site.. r-, 5. :.The effect of.the proposed. variance~is in harmony with the general intent of this Code and thy: specific intent: of .the relevant subject area(s) of the Code, C. Imposition Of.Conditions ~ In granting a variance, :the: -Board of Adjustment may impose such conditions and restrictions upon the premises. benefited by 'a variance as may be necessary to allow a po:~itive finding to be made on any of the ~ .foregoing factors, or to minimize the injurious effect of the variance. " 9.2.3 Special Provisions Whece Variance Is Sought To Requirements To r,, Flood Damage Prevention Regulations n , A. ~~?dditional Finding In addition to the findings required above, the Board of Adjustment shall find .that the ,requested variancE: will not result . in an increase in the r-, elevation of the. Base Flood; additional threats to public safety, additional ' public expense, the creation of nuisances, fraud or victimization of the public, or~conflicts with other local ordinances: B. Considerations Before granting a..variance.f[om the flood damage prevention regulations, the.Board of Adjustment shall consider: n 1. The danger that materials may be swept from the site onto other lands. ~ . = 2. The danger to life and property, from .flooding: or erosion. 3.. The.potential of the proposed facility and its contents to cause flood ~ damage and the effect of that damage on the owner and the public. 4. The importance of the services provided. by the proposed facility to ~ ~ . -the community, ~and.whether it is a functionally: dependent facility. r-, " 5. The availability of alternative locations; not subject:to flooding or ' erosion,.for the proposed use. . . . Ordinance Wo. 02-1599 ~ IX-5 Apri12002 ~ . ARTICLE /X HARDSHIP RELIEF ~ - 6: The compatibility of the. proposed use-with existing and anticipated neighboring development. 7. The relationship of the proposed use to the comprehensive plan .and floodplain management program for the area.. 8. Safe vehicular access to the property in times of flood. 9. The expected heights, velocity;- duration, rate of rise and sediment transport. of ~ the ~ flood waters and effects .of wave action, if applicable, at the site: - - 40. The costs of providing governmental services during and' after floods .including maintenance. and repair of ;public utilities and. facilities. ~ ~ ~ - C. Notification All variances. to the flood damage prevention regulations shall: 1. Specify the .difference between the flood protection elevation and . the elevation to which the structure is to be built: - i 2. State that. the variance. will. result in increased premium rates for l flood: insurance. 3.. State that construction. below the Flood Protection Levei increases risks to life and. property. ~ ~ ,v; D. Record Of Variances To Be Maintained The Director shall maintain a record of a!{ variances including the justification for their issuance 'and a. copy of the notice of the variance: The Director shall report all variances in the annual or biennial report to the . Administrator. ~ j _ ~ i E. ~ Historic Properties Notwithstanding .the foregoing requirements, special; variances .may be granted for the reconstruction, rehabilitation or restoraticm of structures listed on, or classified as contributing, to a district listed on, the National Register of Historic Places, the- local register of historic places, or the State Inventory of Historic Places. The special variance shall be the Ordinance No. 02-7599 IX-6 -April 2002 i~ ARTICLE IX HARDSHIP RELIEF r-, ~ minimum necessary to protect the historic character and design of the ~ structure. No special variancE> shall be granted if the proposed construction, rehabilitation, or resi:oration will cause the structure to lose ~ its historical designation. ' ~ - r-, r-, . ~ . . . r-, r-, r~ r-, r-, n ~ . r-, Ordinance No. 02-'V599 IX-7~ April 2002 ~ . n ~ ARTICLE X ^ ~ ADIIIIIN/STRATION C,_;~ .f1 yT' K '•b: yr L lj' T+ F Q's'i f qT E h H ~ ' +r i.t1( 'id ~'°'4f*" 'y~. :.~.rx~' ."i°`.'.3~''~h t~' tis~4 - b -'~.:.~t i~~~ i~ s r d ~ "S~° Pew. '"R7Pc~",ly~"~ ~ ~ 1 ~'I t r r.p~- ~ ~ w.a wet." .E~ P. ~~i~ r,;r~~-. p ~"3.,,iuq. ~ ~ ~.~"~-0"5r~.G'i. .d'~. .wa "10:0.0 GENERALLY . ~ ~ X-3 . 10.0.1 Purpose X-3 . 10.0.2 Definitions . ~ X-3 10.0.3 Withdrawal of Applications X-4 ~ 10.0.4 Participation by Applicant ~ X-4 ^ 10.0.5 Application Requirements ~ X-5 10.0.6 Notice ~ X-5 10.0.7 Failure to Meet Deadlines X-6 r-, • 10.0.8 Citizen Awareness and Particpation Plan X-6 ~ 10.1.0 CONSTRUCTION PERMITS i ~ X-9 ~ 10.1.1 Generally ~ . " ~ ~ X-9 10.1..2 Prerequisites To' Issuance Of Construction Permit` ~ X-9 10.1.3 Exceptions To .Requirement~Of An Approved Site Development X-9 Plan 10.1.4 Procedure X-10 10.2.0 SITE DEVELOPMENT PLANS X-11 ~ ~ . 10.2.1 Generally ~ X-11 10.2.2 Procedure X-12 ^ 10.2.3 Notice ~ X-15 10.2.4 Amendmerit of a Site Development Plan ~ _ X-15 . ^ 1D.3.0 HISTORIC.OVERLAYDlSTRICT X=16 10.3.1 Generally X-16. 10.3.2 Procedure X-16 10.3.3 Notice X-17 10.4.0 SMALL-SCALE FUTURE LAND USE MAP AMENDMENT X-18 10.4.1 Generally X-18 10.4.2 Procedure X-18 ~ 10.4.3 Review by LPA • . - X-19 10.4.4 Action by City Commission X-19 40.4.5 Notice ~ X-20 ~ Ordinance No. 02=1599 X-1 April 2002 ' • . .ART/CLg X ' ADM/NISTR~4TlON 10.5.0 VARIANCES ~ X-20 10.5.1 Generally X-20 . 10.5.2 Procedure ~ ~ X-20.; 10.6.0 VACATIONS X-21 ~ 10.6.1 Generally ~ ~ ~ X-21 ~ 10.6.2 Submittals ~ . X-22 10.6.3 Procedures X-22 10.6.4 Criteria ~ X-22 10.6.5 Effect of Vacation ~ X-23 :10.7.0 LAND USE POLICYDECISIONS X-23 ~ 10.7.1 Generally - X-23 10.7.2 Procedure ~ X-24 10.7.3 Notice X-24 ~ 10.8.0 APPEALS X-25 - 10.8.1 Appeals From Deasions Of The.Deparkment ~ X-25 `J 10.8.2:Appeals From Deasions.of:the. E:oard of Adjustment X-25 10.8.3 Notice Of Appeal X-25 i ~ 10.8.4 Appellate Hearing X-25 10.8.5 Stay of Proceedings X-25 `J 10.9:0 HEARINGS ~ ~ ~ X-26 10.9.1 Generally ~ - X-26 , 10.9.2 Legislative Hearings X-26 10.9.3 Quasi-Judicial Hearings ~ X-26 10.10.0 DEVELOPMENT ORDERS ~ X-27 . ~ Ordinance No. 02-1599 X-2' ~ ~ ApriF 2002 ' ~ ~ . ARTICLE X ~ADMINISTRATlON ~ ~ 10.0.0 GENERALLY ~ 1010.1 Purpose ~ . This:Article sets forth the application and review procedures required for obtaining development approval; appealing decisions, and taking~legislative action. The City of Longwood intends.that the standards and design criteria adopted in this Code apply to development carried out by the City; however, the City shall not be required to follow the procedural.requirements established in this Article, otlierthan the requirements to provide notice and a Citizen Participation and Awareness Plan. 10.0.2 .Definitions ` . - - r. A. Development Activity ' ~ Any of the following activities: 1: Construction, clearing, filling, excavating, grading, altering the grade; paving, dredging, mining, drilling or otherwise significantly disturbing or altering the soil. of a. site.. , ~ 2. Building;: installing; enlarging,.replacing or substantially restoring a structure, impervious surface, or water management system, and including the storage of materials. 3. ~ Dividing land into two or more parcels. 4. _ A tree removal forwh'ich authorization.is required under this Code. ~ 5. Erection of a permanent sign unless expressly.exempted by Section - 6.3.2.of this.Code. 6. -Alteration of a historic property for which authorization is .required ~ under this.Code: - 7. Changing the use of a site so that the need for parking is increased. 8. Construction, elimination or alteration- of a driveway onto a public street. - . . . .9. Any other activity for which. a permit is required. pursuant 'to any - ~ construction code (building,.electrical; plumbing, etc.) adopted bythe City of Longwood. ' ~ ~ Ordinance No. 02-1599 ` X-3 ~ Ap~i12002 v: ART/CLIE X ~ ~ ~ ~4DMlN/STRATION B. Construction Permit ~ For purposes of this Code, a construction permit is that official City ' document which. authorizes the commencement of construction or land alteration without need for further application and approval Construction .permits include all types of buildirn~ permits (plumbing,.electrical, foundation, mechanical, and so forth, in addition to the building permit itself), grading L; and clearing permits, tree~remov~~l permits, sign permits, etc.. C. Department The Department of Community Services or person designated by the Director of the Department. D. Land Planning Agency (LPA) The City of Longwood Land Planning Agency. ~ E. . Small~cale Future Land Use AAap Amendment A small-scale future land use map amendment is an amendment to the future land use map portion of the City of Longwood Comprehensive Plan as provided for in Section 163 Florida Statutes: F. Substantially Affected Person ~ A substantially affected person as used herein shall be any person who could suffer an .adverse effect.to an interest protected or furthered by the v local government comprehensivE; plan, including but. not limited to: interests related to health and safety; police and fire protection services; densities or intensities of development; transportation facilities; recreational facilities; educational~~facilities; health care facilities, equipment, or services; and environmental or natural resources.. The .alleged adverse effect may be shared in common with other members of the community at large, but must exceed .in degree the general interest in community good shared by all persons. A person within the area receiving mailed notice forthe hearing on the matter at issue shall be automatically deemed to be a substantially . affected person. ~ 1 U.0.3 Withdrawal of Applications 'An application for any action under this Article may be withdrawn at any time. so long as. the. final public hearing on the matter has not commenced. Once withdrawn, all fees shall be.paid and notices givenanew if the application is re- filed. Ordinance No. 02-1599 X~~4 ~ April 2002 ,v ARTICLE X '`-d', ~ ADIVI1Nl$TRATION i 10.0.4 Participation by Applicant The applicant or representative shall be: notifed; of. all ..meetings .and shall be required to attend all public meetings at which any application far development approval is beingconsidered. Failure of the applicant or representative to attend any such meeting may.result; at the discretion of the decision.-making body, in the invalidation or denial of the application so that the.application must be re-filed: i . 10.0.5 Application Requirements.. - - A. All properties within a single application must, b~e part of a unified site r-, development plan. ~ B. All applications.must be filed on official ..forms provided by the City of : Longwood and accompanied .by the required fee. . C: . No .application shall be accepted- for reviewwnder this Article unless the current.property ov?ner, assliown in the records of the Seminole County ^:Property Appraiser or other legal document, either signs the application or signs a written authorization for another person to act as representative. In r. ~ the case of an application for a change in use; th.e signature of the owner ~ shall be notarized. i D. The Department may prescribe deadlines for filing applications beyond which a filed application will not be considered at the next meeting of the r, ~ -first decision-making body. =E:~ ~ If an applicant withdraws anapplicationorcequests'tablingsothatadditional costs of notice are incurred, the applicant shall be responsible. for the ~ additional costs: 10.0.6 Notice A. Generally . 1. Notices of all .meetings involving any application described herein shall be placed in a-conspicuous place at City Hall. i 2. All notices-shall identify the Taz Parcel Identification Number taken from the Seminole County Property Appraiser records, the street ~ address anal/or the general location of the proposed project. A site location map may be included as appropriate: - 3. Proof of publication and mailing notices=shall be available for public . . ~ Ordinance No. 02-1599 ~ X-5 ~ Aprll 2002 ARTlCLL X ADMINISTRATI®N inspection, ~ B. Specific Types of Notice 1. When mailing of notices is required iri this Article, the notice shall be sent to the applicant; ~ all property owners within 300 feet of any ~ boundary~of the subject parcel as shown on the Seminole County Property Appraiser records, and any affected property owners' association registered witri the Department: "The notice shall be mailed not more than thirfi/ days prior to the hearing and not less than fifteen days prior to the hearing. 2. When newspaper advertisements are required, they shall appear in a newspaper of general cin:.ulation within the City~of Longwood. Any ~ non-legal ad4ertisement shall include a laymen's description of the matter. under consideration, and shall not be placed, where legal notices and classified advertisements appear. The advertisement shall appear not less than ten days. prior to the hearing. . ~ ,r; j ~ 3. When site posting is required, the notice shall be posted in at least one conspicuous place on the subject site for not less than ten days ~ prior to the hearing. . ~ 10.0.7 i=allure to AAeet Deadlines Failure to meet any deadline imposed by this Article on the Department should be ~ " reported:to the applicant.and the City Administrator, but shall have no effect on the validity ofi.the Cites action.on the appli~:ation: ~ ~ 10A.>3 Citizen Awareness and Participation Pian ~ `J A At the discretion of the City Administrator, applications forthefollowing land use decisions. shall include a ~:itizen awareness and participation plan (LAPP): . 1. ~ Site development plan review. . 2.. Variances involving anon-residential use. 3. Other land .use or development applications. . B. ,The purpose.of the CAPP is to: ~ .Ordinance No. 02.1599 X~$ April 2002 ~ ~ ~ ART/CLF X `-1 ADMIIN/STRATdON 1: _ . .Ensure that applicants pursue eariyand:effective citizen participation in conjunction with their applications, giving,them the opportunity to understand -and mitigate. any real or. perceived impacts their application may have on :the-neighbofiood and community. 2. Ensure that the citizens and ro e ~ owners ofi ~ on ood have an P p dY 9w ~ adequate opportunity to.leam about applicatio ~ s that may affect , _ ~ them and: to work with applicants to resolve concerns at an early state of the process:. . ~ .3. Facilitate ongoing communication between the applicant, interested citizens and - property :owners; City. staff, and elected officials throughout the application review process. 4. The CAPP is not. intended `to :produce complete consensus on all applications;.. but to encourage applicants to be good neighbors and' to allow for informed decision-making. 5.. Afia minimum the CAPP shall include the following information:. a. Identification of the .residents, property owners, interested -:parties, political jurisdicfions,-and publicagenciesthatmaybe ~ affected .bythe proposed. development.. ' ~ b. Description- of how notifcation will _be provided to those: interested in and potentially affected by the proposed development: . c.. Description of:.how information will be provided to those interested and potentially. affected of thei substance of the change, amendment, or proposed development for which approval is sought.. . ~ . - . d. - Description of the means by..which an opportunity will be ~ provided to.those interested or potentially affected to discuss the proposal and express any concerns, issues, or problems ` well in advance of the first public hearing. e. The applicant's- schedule for completion of the CAPP. f..: The means by which the applicant will keep City officials informed on.the status:of citizen participation efforts: ' . - ~ ~ ~i Ordinance No. 02-1599 : X-7 ~ ~ April 2002 n ' ART/CLE.X ~ ADM/N/STRATIOM 6. The level ~ of citizen interest and area . of involvement will vary `J depending on the nature of the application and.the location of the proposed development. Tl~e target area for early notification will be .determined by. the applic~~nt after consultation with the Planning Division staff. At a minirnum, the target area shall include .the following: ~ a. Property owners within the public hearing notice area as required by othersE:ctions of this Code: b.. ~ The head or chair of any homeowners association or registered neighborhood group within the public notice area required by other sE:ctions of this Code. ~c. :Other interested parties who have requested to be placed on an interested parties notification list maintained by the . Planning Division. .v 7. ~ These requirements apply in~addition to any other notice provisions required elsewhere in this Code. • 8.' ~ The applicant may submit a LAPP and begin implementation priorto formal application at the applicant's discretion. This shall not occur ' until after the required prey-application conference and consultation with~the Planning Division. . ~ 9. Where a CAPP is requirecl by this Code, the applicant shall provide a written report on the resuli:s of the citizen participation efforts priorto ~ . the notice of public hearirn~. This~report will be attached to the public hearing report. The~report shall;'at a minimum, contain the following . information. a. Details of .`techniques used . to involve interested and potentially affectecl parties; including: i. Dates and locations of all meetings where citizens were invited to discuss the applicant's proposal. • ii: ~ Content, d,~tes mailed,. and numbers of mailings, _ including letters, meeting notices, .newsletters, and other publications. Ordinance No. 02-1599 X•8 April 2002 `.i 111 ,r\ l/~`~ i ' ~ ARTICLE X ~ ~ ADMINISTRATION ~ ~ ~ iii. Location .of .residents, property owners and other - interested parties who received'~notices, newsletters, or otherwrtten materials. ~ iv. The number and names of peoplethat participated in the process. ~ ~ ~ ~ ~ b.~.:~~ ~ A ~summary~ of concerns, issues,~~and~ problems expressed during the process, including: ~ i. The substance ofthe concerns, issues,. and. problems. ii. The manner in which the applicant has addressed or intends to address these concerns, issues, and r, ~ problems. - . iii. .The concerns. issues; and problems the ~applicanf is unwilling or unable to address and 'why. . . - 10.1.0 CONSTRUCTION PERMITS ~ 10.1.1 Generally. No development activity, as defined herein, rnay~be undertaken unless the activity is authorized by a construction permit: ~ 10.1,.2 Prerequisites To Lssuance Of Construction Permit;. ~ - . ^ - A. Except as provided in Section 10.1..3 below; a construction permit may not be issued unless the proposed development activity: r-.. 1.. Is .authorized by an approved site development :plan pursuant. to Section :10.2.0 of this Article; and ~ - 2. Conforms to all applicable codes as adopted by reference in Article I. B.. to accordance with Section 5:167 Appearance requirements:forSingle-family Residential Structures in deed restricted subdivision. ~ r, 10.1.3 . Exceptions To Requirement Of An Approved Site Development Plan For the following-development activities; the applicant shall not be required to r-, Ordinance No. 02-1599 ~ X-9 Apri12002 ARTICLE X ~ ~ ADANIN/STRATION obtain site development plan approval pa~rsuant to Section 10.2.0 of this Article. Unless otherwise specifically provided, tt,e development activity shall conform to ..this Code and all applicable codes as adopted by reference in Article I. A. Development activity necessary to implement a valid previously-approved site development plan. B. The construction or alteration of a one or two family dwelling,. or addition of an.allowed accessory structure, on a~lof in a valid recorded subdivision oron a lot of record ~ ~ ~ C.: The~alteration of an existing building or structure so long as the gross floor area is riot increased by more than 10 percent or 1000 square feet, whichever is less. . D. The erection of a sign that is not ~:xempt from permitting or the removal of protected trees on a previously developed site where such sign or tree removal is independent of. any other development activity on the site: ~ ~ ~ E. The re-surfacing of a parking area., driveway, or other impervious surface, or the addition of not more than 500 square feet of impervious surface. - ~ w: 10.1.4 Procedure A. Application ~ ~ An application for a construction i~ermit shall be filed with-the Department on forms provided by the Department: B. Completeness Review ~ v The application and any required submittals shall be reviewed for completeness by the Department. If incomplete, the Department shall, within five working days of receipf of the application, inform the applicant of what additional information is needed. C. Compliance Review The Department shall.:review thE: proposal arid decide whether to grant or deny the requested construction:permit. The Department's decision shall be based on whether the proposal complies with all applicable provisions of this Code and other.City:regulations. The Department shall complete the compliance.review and issue or deny. the permit within 20 working days of Ordinance No. 02-1599 X=1.0 ~ ~ ' ~ April 2002 ~ •v i r ARTICLE X AD1V11N1STRATION having received a complete application. - - D. Notice : - . No notice of an .application for a construction permit need be given. ~ E. Decision ~ ~ . A decision to approve the application shall.be in the form of a written permit. A decision to deny shall be in the form of a letter setfing forth the reasons . for the denial..' - - ~ - ~ 10.2.0 SITE DEVELOPMENT PLANS . 10.2.1.Generally . . . A. Applicability . A site development plan is required to authorize any development activity except that'development activity, listed in Section 10:1.3 of this Article. r, B. Authority of Department .The Department. shall.:develop :procedures for th'e review of site development plans. The procedures shall comply. with the general procedural requirements set forth below. ~ I _ ~ ~ ~ . C. Submittals I~, An application for site development plan ,approval shall be on forms ' provided- by the Department. For §ubdivisions; plats conforming with Sections 3.3.4 and 3.3.5 shall be provided. For all other development, the following information shall-accompany the application where relevant to the proposed`devetopment: - r-. 'i. ~ A boundary survey map at a minimum scale of 1 inch equals 30feet. All other submittals shall be of the same scale. 2. A map showing surrounding land uses as perthe adopted future~land use map. : • ~ . r~ 3.. The topography of the site atone foot contours. ° ~ - 4: A description of the density =andlor .intensity of the proposed development and the.phases of development. - . ~ Ordinance No. 02-1599 X-11 - April 2002 - ARTICLE X ~ - ~ ~ ADMIINISTRATION . 5. ~ A depiction of all structures, roadways, pedestrian ways, open space, ,v. buffering, and.recreation facilities, including points of access to public roadways and the location of any.median cuts. 6. ~ A depiction of the location of fire lanes, security IigFiting and trash facilities.: ~ ~ . 7. The location of all protected trees, by species, diameter and I approximate height. 8. A landscape plan. 9. Sufficient data and graphics to enable the City Engineer to evaluate the proposed stormwai:er management facilities, including .appropriate calculations. ' - i I ~ 10.. The name. of each utility provider and the type of service to be ,provided. I 1:1. .The location of all parking spaces and off:street loading facilities. ~ .v 12. Fire flow calculations.... 13. A table identifying the specific amount of each land use being proposed. - .14. The location and size of all-signage. `J . 15.. Any other information required on the application or-as determined to ~ be necessary at apse-application conference: 16: A detailed ~description~of the proposed use of.the site and structure, ~ v 10.2.2 Procedure ~ - A. ~ Pre-Applicati®n Conference ~ ~ Prior to filing for site development plan review, the applicant shall meet with the Department :to discuss :the development review process and to be informed.of,which staff, members to confer with about the application. No person may rely upon any comment concerning a proposed site Ordinancta~No. 02-1599 ' X, '12 ~ April 2002 ~ ~ ~ n !1 ARTICLE X ~ ~ ,ADIVIIN/STRATION ,.development.plan, or any expression of any nature about the proposal ' ~ made by any participant at .the 'pre-application conference . as a - representation or implication that the proposal will ~be ultimately approved or r-. rejected in any form. r-. B. Completene'ss~ Review The Dep'arfinent` shall review: an application. for. site ideveoopment plan approvaito determine whether all, necessary-information;has been provided. Within five working days of the receipt of an application, the Department shall inform the applicant if additional information is needed to comply with submittal requirements. , C. Request for Formal Review - 1......Within five working days of receipt bf-a complete application, the ~ Applicant shall. provide: notice to 'surrounding property owners pursuant ao the requirements .for mailed notice set: forth Section 10.0.6 of this~Article, and to each City Commissioner. The notice shall inform the recipient that complete plans of 'the proposed development may be viewed at the Department;. and. that the recipient, including each City Commissioner, may request formal review'of the site development plan by the City ComAiiission. ~ 2. .The request for formal review shall be filed with the Department or . ^ postmarked within fifteen calendar days of the mailing of the notice. The request shall include the following: ~ a. ~ Name and address of the person making the request. ^ - ~ ~ - b.: Certification ~ by the person: making . the request that the request is not being filed for-delay or other improper purpose, ~ and that the person making the request intends to present, in - person orthrough a representative; evidence and/orargument r.., to the City Commissior regarding.the development proposal. 3. If a request for formal review has been filed by a person who .received notice, and the Department finds that the request meets the requirements .in : C.2 above, the Department shall place the site development plan on the agenda of the next available City Commission meeting allowing for required notice.. The Department shall prepare a report on whether the application~complies with the r, ~ Ordinance No. 02-1599 X-13 ~ Apri12002 r-, . ARTICLE X ~4DMlNlSTRATION Comprehensive- Plan and the provisions ofthis Code; and shall make the. report available to the applicant; the.. person or persons requesting formal review;~and the public not laterthan five days prior to 'the City Commission hearing. . . a. The City Commissi~~n shall hold a hearing on the matter pursuant to the procedures~set.forth in<Section.10.8.3 of this, . ~ Article...The City C~~mmission shall determine whether the ~ proposed. site.development plan complies.with all applicable . ~ - ~ Section provisions and. approve; approve with conditions, or deny the` site development plan. D. Administrative Decision If no request for formal review is received within the.prescribed period, the v. Department shall determine whether.the proposed site development plan complies with all applicable Secti~m provisions and approve, approve with conditions, ordenythe site development plan: 'The Department shall reach its decision to grant or deny an application within 45 calendar days of having received a complete application... A denial .shall be supported by written findings.supporting the-denial.. ~ v E. Platting ~ ~ ~ . . , . ~.1. Where.proposed development includes the subdivision of land, the final approval of the propo:;al by the Department or City Commission, as the case maybe, shall tie made contingent~upon approval by the . ~ City. Commission of a plat for the development. 2. The City Commission shall review the plat pursuant to the requirements of Chapter '177; Florida Statutes. A conforming plat shall be approved. Nonconforming plats shall be returned to the applicant with an explan~ition. of deficiencies and a notice that a corrected plat may be. resubmitted for. approval. v; . 3. Where formal review of trie_developrnent has been requested; the applicant may submit..the plat.along with the site development plan and the City Commission may consider both simultaneously. . ~ Ordinance No. 02-1599 X-14 ~ ~ April 2002 `'J ~1, - ARTICLE X . I ADMINISTRATION ~ . 10.2.3 Notice . A. Where .Formal Hearing Procedure is Followed If..a .request for. a .formal ~hearing.~ is. received; ..the. notice of the City Commission hearing shall be by posting the site in accord..with Section ~ ~ . 10.0.6-of this. Article: - ~ . B. Plat Approval by City Commission , . Where the site development plan.is approved administratvelycontingent on plat approval by the City Commission, no special. notice of the meeting at which the City Commission shall considerthe plat is re~quircd. 40.2.4 Amendment of.a Site Development Plan A. Minor amendments to an approved site development plan may be approved by the Administrator. Major amendments. must be approved using the procedure herein for approval of site development. plans. B. Minor amendments shall include the following. All other:changes shall. be , • ~ major amendments. LJ r-, 1. Minor adjustments or shifts in the aocation and, siting of buildings; structures; solid waste, recycling, and yard trash containers; walkway and bikeway systems; .and parking :bays and spaces. Provided, however,. no.dumpsite .shall be 'located .closer) to any residential ~ ,dwelling than was. originally approved.. 2. Changes. in the type:oc location of landscape. materials,_excluding changes. in the location of buffers. 3. The addition of screened porches, decks,. patios, and otherunheated and uncooled areas; not inclwding garages, of 500 square feet or - . less,. which are accessory: and. incidental to a use permitted by the site development plan. 4, Any expansion of gross floor area or enlargement of .building envelope which does not exceed 500 square feet,. does not add an additional room or rooms,. and~which does not require the addition of r~ required. parking spaces::.. . ~5. Reductions in the . intensity,of structuraF ground coverage of the ~ ~ development-which does.not exceed ten percenf of the total ground coverage. r-~ ~ I ~ Ordinance No. 02-1599 X-15 ~ ~ 'April 2002' ARTICLE X ~ ~ ~ ADMINISTRATION 10.2:5.1 Administratively Approved Variances ~ A. Applicability Specified site design requirements'may bemodified by the City Administrator or designee, subject to the criteria in section 10.2.5(8). ,Only the following specified site design requirements may be modified by administrative variance. 1. .Front perimeter landscape area (3.5.3(8)) 2. Tree count in front perimeter landscape area (3:5:3(8.1)) 3. Shading of.vehicular use area (3.5.3(C)) ~ 4. Parking ratio (3.6:1 (A) and (B)) 5. Setbacks {3.2.1) ~ ~ ~ . B. ~ ~Eiigibility Proposed projects where an administrative variance is requested shall meet ~ at least one.of the foNowing criteria: ~ ~ 1. The situation giving rise to-:the need for variance is pre-existing and v was created by the original plat or by the street location; the existence of the situation creates pr<ctical difficulties for development. 2'. .There are~existing historic oc century trees that will be damaged or destroyed in order to meet: the site design criteria. ~ :3. There are pre=existing, unique physical characteristics of the development site that cre~~te practical difficulties for development. C. Variances . . 1.: Variances may be grantf~d to' dimension or area requirements to reduce the standard by n~~t more than 10%: 2.. Variances may be granted to the' parking ratio.to reduce the parking requirement by 10% or.one (1) parking space, -whichever is greater. Ordinance No. 02-1599 X-16 April 2002 `J ~ ~ ^ ' I ~ ~ ~ ~ j ~ ARTICLE X ~ ~ - ADMINlSTRATdON D. Procedure ~ . ^ 1. Proposed variances must. be clearly identified on the site plan. and ~ 'listed in an accompanvind explanation. The written ;explanation should identify the requirement in the LDC, they' justification for the variance. and the amounf of variance requested!:.:.. ^ r-, 2. In-approving the site plan,.the City.Administrator or designee shall specifically npte the variances that are granted. ' . . 1'0.3:0 HISTORIC OVERLAY DISTRICT ~ 10.3.1 Generally A. ~ Applicability The procedures below shall . be used ,for review of: applications 'for the -following: r--, ~ - r-., 1. Demolition of contributingstructures.within .the Historic District. , r-. ~ 2. -Alteration of.contributingstructures.within the:Historic District. ~ B. ~ Submittals - i I Applications forthe permits under this-Section shall be on forms provided by .the Department. At a minimum,.. the following information shall be provided ~ where relevant to.the proposed action:: • 1.. A statement of the applicant's interest in the property and, if joint and several ownership,. a written consent to the petition by all owners of record. ~ ~ ~ 2. A current sketch :of description by asuryeyor registered to practice in the State of Florida.. ~ . ~ . 3. A graphic rendering of:tMe.proposed..finished :project, including but not limited to a conceptual site plan :and elevations of structures.. 4. A statement of the colors, exterior treatments, constivction materials and similar matters addressed in the Historic District Design Guidelines for Longwood Florida. ~ 5. Any other relevant .information.. identified.. in the .pre-application ^ ~ ~ Ordinance No. 02-1599 X-17 ~ Apri12002 ' . I I u ART/CL~ X. l ~ ADMIIVISTRAT!®N conference. ..10.3.2 `Procedure ~ A. Pre Application Conference ~ ~ Prior to filing for historic district review, the applicant shall meet with the Department to discuss the; review process and to be informed of which staff members to confer with about thc; application: No person may rely upon `J any comment concerning a propo:~al, or any expression of any nature about the proposal made by any participant at the pre-application conference as a representation or implication that i:he proposal~will~ be; ultimately approved~or rejected in any form. B. (Review by Department ~ 1. The Department shall re~iiew the application to determine if all required information has been submitted. If additional information is v needed, the Department shall notify the applicant of the deficiencies ~ within five working days of receipt of the application. ~ ~2. Upon receipt of a complete application,'the Department shall place the matter on the agenda of the next available Historic Preservation Board meeting allowing for required notice and the preparation of the ~ ~ report as set.forth below.. ~ _ ~ 3. Within fifteen working days after receipt. of a complete application, the Department shall issue; a written report setting•forth findings and . ~ ~ ~ conclusions on whether the proposal meets the applicable requirements of this Cocje. This report shall 'be mailed to the applicant immediately upon its completion. - C. Hearing'by Historic Preservation Board ~ The Historic Preservation Board shall hold a hearing on the application in v accordance with the procedures set forth in Section 10.8.2 of this Article. The Historic Preservation Board shall make a recommendation to the City Commission'on whether the proposal should be approved, approved with conditions, or denied. D. Hearing by City Commission • ~ ~ The City Commission shall hold a hearing on the matter pursuant to the • procedures in Section 10.8.3 of:this Article. . Ordinances No. 02-1599 X-18 April 2002 u ~ , - ARTICLE X ~i ~ ADMINISTRATION 10.3.3 Notice ' r-, A. Hearing by Historic Preservation,Board: _ The site shall be posted in accord with Section 10.0.6 of:this.Article. B. Hearing by City Commission The site shall be posted in accord with Section.:10.0.6 of this Article. 10.4.0 SMALL-SCALE FUTURE LAND USE MAP AMENDMENT 10.4.1 Generally..: .A. Amendments Authorized.. The Future Land.lJse Map may from time to time be: amended pursuant to ~ the procedures set forth below. ~ B. :Initiation;of.Proposals.. ~ ~ An application for a:.smal!-scale future land use map:::amendment may be proposed by the City Commission, Department orthe owner of the subject ~ property. Applications.shall be filed with the Department. C.~ Submittals . An application fo~a.small-scale future land use_map amendment shall be on the form provided by. the Department. At a minimum, the following information shall be provided: 1. If .the application is filed by an individual; ::a statement of the applicant's interest in the properly and, if joint and several ownership, a written consent to the application by.all owners of record. All signatures-of the owner(s) on the.-application and/or on the written consent to the application shall be notarized. ~ . i 2. A current sketch.of description by a surveyor registered to practice in the State of Florida. ~ : ~ , 3. A narrative statement of. the reasons, for requestiing the small-scale future land use map .amendment anti .tfie manner in which the proposed amendment maintains the internal consistency of the, City of Longwood~Comprehensive Plan. - ~ - .10.4.2 ..Procedure - ~ ~ v1 ~ Ordinance No. 02-1599 X-19 Apri12002 ARTICLE. X ~ ~ ~4DMdN1STRAT/ON A. Pre-Application Conference Prior to filing for asmall-scale future land use map amendment, the applicant shall meet with the Department to discuss the review process and .to be informed~of which staff members to conferwith about the application. . fVo person may rely upon any comment concerning a proposal, or any expression of any nature about tH~~ proposal made by any participant at the pre-application conference as a representation or implication that the proposal will be ultimately approved~or rejected in any form. . B. Review by Department ~ 1. The Department shall review the application to determine if all required information has been submitted. If additional information is ~ needed, the Department shall notifjr the applicant of the deficiencies within five working days of receipt of the application. 2. Upon receipt of a complete application, the Department shall place the matter on the agenda c?f the next availableLPA meeting, allowing . ~ for required notice and the preparation of the report as set forth below. . 3. Within fifteen working days after receipt of a complete application, the Department shall issuf: a written report setting forth findings and conclusions with regard to whether the proposed amendment should be approved..This report shall be mailed to the.applicant immediately upon its completion. 10.4:3 .Review` by LPA ~ . ~ A. Public Hearing ~ . ~ A hearing shall be held 6y the LF!A to consider a proposal for asmall-scale future land use map amendment pursuant to the procedures in Section 10.8.2 of this Article. B. LPA Report ~ ~ . . ~ 1. ~ The LPA shall make recornmeridations to the City Commission which shall,address: ~ a. The need'and justification for the change; and ~ b. The relationship of the proposed amendment to the City of Longwood ComprE:hensive Plan, and~whether the amendment ~ Ordinanc~a Mo. 02-1599 X-;~0 . April 2002 ~ ~ ARTICLE X ~ ADtWI/N/STRATION i preserves the` internal consistency of the comprehensive plan. 2. The recommendation. ofthe LPA shall be advisory only and sha(I hot r, ~ ~ - be construed to be binding~upon the City Commission. ~ ~ ...1.0:4.4 Action :by City Commission ~ The City;Commission shall conduct a.frst reading of the ordinance for the small- scale future land use map amendment, and then schedule a Bearing to consider ~ the proposal pursuant to the procedures in Section 10.8.3 of this Article. ~ 10.4.5 : Notice ~ A. Hearing by LPA The site shall be posted in; accord with Section 10.0.6 of•this Article. . B. ` Hearing by City.:Commission Notice shall be given in accord with the requirements of~Section 163.3187, ' ~ Florida Statutes,. for small-scale future land use map amendments. In addition, .whether requited by statute or not, the site ~ halb be. posted in r. .accord with Section 10'.0.6 of this Article. ~ 10.5.0 : VARIANCES ~ . ' ~ 10.5.1 Generally Applications for variances, as provided for 'in Article IX of.this Code; shall be reviewed. pursuant,to the procedures set forth below. 10.5.2 Procedure A, Application Ari "application for a variance ~shalf be filed with the Department on forms provided. by the Department. . B. Review by Department ~ t 1. The Department shall review the applicafion~ to determine if all required information-.has been submitted. If additional information is ~ ......needed, the Department shall.notify the applicantof the deficiencies within five working days of receipt of the application. . 2:.. Upon receipt of.a complete application; the: Department shall place ~ ,the matter on the. agenda of the next available.Board of Adjustment ~ Ordinance No. 02-1599 . X-21 ~ - . - Apri12002 r-~ ART/CLE X . ~ - ~ ADMINISTRATION ~ meeting allowing for requirE:d notice:and the preparation ofthe report as set forth below. ~ ~ 3. Within fifteen working day: after~receipt of a complete application, the Department shall issue a written report setting forth findings and conclusions with regard to whetherthe proposed variance should be approved. This report:shall ~be mailed to the applicant immediately . upon its completion. . i C. ~ Notice ~ The site shall be posted and mailed notice of the Board ofAdjustment . meeting shall be given in accord with Section 10.0.6 of this Article. i D. Flearing by Board.of Adjt~s#mei~t ~ ~ A hearing shall be held by the k3oard of Adjustment on applications for variances pursuant to the procedures in.Section 10.8.3: of this Article. 10.6,0. ~/ACATIONS 10,.6.1 Generally ~ A. The procedures and standards in this Part shall be followed where any . ~ application is made to the City far vacation of any plat, right of way, or easement. ~ `J . B. Notwithstanding:the provisions of thinPart, the.applicable provisions of ~ state law, such as Chapter 177, Florida Statutes, for the vacation of plats, shall be followed in all respects. ,`J 10.6.2 Submittals ~ ~ An application for a vacation pursuant i:o this Part shall include the following: A. A recent. boundary survey showing the area to be abandoned and adjacent parcels. . . B. A legal description of the area to be. abandoned including the Tax Parcel Identification number. . ~.C: ~ Letters of approval or opposition from the adjacent property owners ~ of record. D:Letters of approval or opposition from the affected utility companies and adjacent governments as maybe applicable. Ordinance No. 02-1599 X :!2 ~ ' ~ April 2002 ~ n ' ARTICLE X ~ ADMINlSTRAT/ON E. Other appropriate information .as. may be defined in the application package.' F. A statement of the reason. ~for..the request: - G. An applicant shall be an adjacent property owner(s) of record or the owner (s) of the plat orright-of-way~to be vacated. I 10.6.3 Procedure ~ ~ ' A. An application with required submittals shall be submitf'ed to the :.Department with :required application fee. ' B. - The application and any required submittals shall be reviewed.for ~ - _ completeness'by the Department. 'If .incomplete; the ,Department shall, within .five working .days of receipt of:the application; inform the applicant of what additional information. is needed. C. Upon receipt of a complete application, the. Department shall place the . matter on the agenda of the next available Land Planning Agency Meeting allowing for required notice and the preparation of the report as set forth ~ below. . ~ D. Within fifteen working days after receipt of a complete application, the Department shall. issue~a written report setting forth fndings.and . ~ = conclusions on whether the proposal meets the applicable requirements of this Code and/or state law. This report shall 6e mailed to the applicant immediately upon its completion. i E. The City Commission shall hold a hearing on the-'matter pursuant to the ~ procedures in Section 1:0.9.3 of this Article. .F. The.site shall: be posted and rriailed notice of the City Commission ' meeting shall be given in accord~with Section 10.0.6 of this Article. G. Pursuant to Chapter 177, Florida Statutes,~a decision vacating a plat shall be provided to Seminole County. - _ ~ . 10.6:4`Criteria . The decision whether to grant or deny ari application for vacation shall be based. on the following criteria: A. Consistency with all applicable requirements ofstate law and with the City - of Longwood .Comprehensive Plan. ~ ~ Ordinance No. 02-1599 ~ X-23 Apri12002 ARTICLE)C ADMIINISTRATION' B. The effects, if any, on. any planned or programmed expenditures of any . public agency.. . _ C. The effect on adjacent and nearby properties and existing land uses, ~ including access and,traffic patterns. - D...- The,effect.on future development: patterns-in the area, including access and traffic patterns. E. In.the case of easements, that alb grantees of the easement have agreed to the vacation. ~ 'yam, F. Other matters of concern applicable .to the specific area involved. ~ 10.6.5 Effect of Vacation ~ ~ If the City Commission approves the va~ration, ownership of the' vacated area reverts, to the adjacent.property owners of record in equal proportions. 10:7.0 U~IVD USE POLICY DECISIONS ~ ~ ~ ~ ~ ~ . . 10..7.1 Generally ~ ~ ~i ~A. Land Use Policy Decisions Defined Land'use policy decisions are.those'that have been.declared by the courts of Florida to be .legislative in ri;~ture, rather than quasi-judicial. These include the following: _ 1.. Amendments to the ~te~t. of -the. Comprehensive Plan. or this - Development Code. ~ ~ 2. Amendments to the FutuUe Land Use Map of the Comprehensive "Plan, except small-scale-fixture land use map amendments provided for in Section 10.4.0 of this Article. ~ B. Applicability ~ . ~ I The procedures in this Section shall be followed for the making of.all land use policy decisions as defined <~bove.. ~ ~ . C. State Law Controlling ~ ~ This Section supplements the mandatory requirements of :State law which must be adhered to in all respects. Ordinance No: 02-1599 X-2;4 - -April 2002 ~ ~ i ARTICLE X ~ ~ ~ ADIVIIN?STRAT/ON 1. For amendments to the text of the Comprehensive Plan, or for ~ amendments:to the land use plan map which do not qualifji as small- ~ scale #uture land use.map ameridnients; the procedures in Chapter 163, Florida Statutes, shall be followed, as applicable. 2. For amendments to the text of this. Development Code, the procedures in Section 166.041, Florida Statutes', shall be followed; as applicable. i 3 ~ I. 10.7.2 Procedure ~ A• APPlication..: ~ . ~ I. The Administrator', the Department or'tfie City Commission, may initiate a ~ proposal~for a:land use policy.decision: ~ ~ _ - B. Referral to LPA The Department shall refer all land use policy matters to the LPA for review: ,The Department shall'set the application for hearing before the LPA at its ~ first available. meeting::: . ~ ~ ~ ~ C: Recommendation .of LPA ~ The LPA shall:hold:a hearingon each land use`policymatter pursuanttothe procedures in Section 10:8.2 of this Article. ~ The LPA shall thereafter submit to the City Commission'a' recommendation which: " , i 1. Identifies any provisions of the Code; Comptehensive~Plan; or other law relating to the proposed change and.describes howthe proposal ' relates to them. r: , 2. States factual and policy considerations pertaining to the ' recommendation.' 3. In .the -case of .proposed' amendments to this Code; includes the r~ written comments, if any, received from the LPA., D. Hearings By City Commission ^ All hearings held by the City Commission pursuant to the requirements of state law shall be in accord with the procedures in Section 10.8.2 of this Article. Amendments to the comprehensive plan.shall~be transmitted for - review.pursuant to the procedures in Chapter.163,.Florida Statutes. I , , - Ordlnance,No.02-1599 X-25 ~ April-2002 r-, ART/CL~ X .4DMIN/STRATIDN 10.7.3 Motice ~ . ~ Notice, shall be provided as required by s~°ate lawforthe particular decision, and by posting.the.site, where appropriate,, in accord with Section 10.0.6 of this Article. 10.8.0 . APPIEALS 10.8.1 Appeals. From Decisions Of The Department An applicant or any substantially affected person, as defined ,herein,, may appeal any final decision of the Department to tfie Board of Adjustment'by filing a notice of appeal with the Department within fifteen working days of the decision. The appeal . shall be scheduled on the next, availablE: meeting of the Board of Adjustment. No special notice for the Board of Adjustment hearing shall be required. " 10.8.2 Appeals From Decisions of the Board of Adjustment _ An: applicant, any substantially affected .person, ~as definedherein, or the v Administrator, may appeal any final decision of the Board.of Adjustment, including decisions made pursuant to 10:7.1 ab~rve, by filing a notice of appeal with the . Department within fifteen calendar days of the, decision. ~ The appeal shall be scheduled on the next available meeting of the City Commission. Notice of the City ..Commission. meeting ~shall.be provided~in.the same manner as was provided for the decision appealed from. T_ he decisirm of the City Commission shall constitute final action for the City and may, thereafter, .be appealed to Circuit Court in accordance with. Florida law. 10.8.3 Notice Of Appeal A notice of appeal shall contain:- ~ A. A statement of the decision to bf; reviewed, and the date of the decision. v B. A. statement of the interest of thE: person seeking review. C. The specific error alleged as the grounds of the appeal. .10.8.4 Appellate.Hearing ~ VUhen.a decision is appealed to the Bo~~rd of.Adjustment or Citjr.Commission, the hearing shall be conducted as set forth in Section:10.8.3' of this Article. The, City Commission.o~ Board of Adjustment, as.the case may be; shall make its own ~ determination on~fhe merits, and shall notbe limited to review of the record below. Ordinancce No. 02-1599 ~ Xi!6. ~ Apri12002 ~ ^ ^ ^ . ^ ~ ARTICLE X J ^ ADMINISTRATION - i 10.8.5 Stay of Proceedings ^ An appeal shall stay all administrative proceedings .in furtherance of the action ~ appealed until such time as. a final determination has been made by the Board of ^ Adjustment on the appeal, provided that no action shall betaken by the applicant or the administrative official during such time which would change the status of the matter being appealed. . r-. ' 10.9.0 HEARINGS ~ . 10.9.1 Generally - - .Under the law of Florida, a hearing on a land use matter may be legislative or . quasi:judicial: If the hearing isfor the purpose.of establishing land lase policy.that will have general applicability, the hearing is legislative and~must be conducted in . accordance with procedures applicable to "such hearings. If the purpose of the hearing is to apply, general standards to ~a specific land use proposal, then the hearing is quasi :judicial and ~ must be conducted in accordance with procedures applicable to such hearings.: Set forth.below are the procedures to be followed for each type of hearing when such a hearing is to be held by' the LPA, Historic Preservation Board, Board of Adjustment, or the City Commission. - ~ . 10.9.2 Legislative Hearings. - ^ A:. Conduct of~Hearing: ~ ~ , 1. The matter shall be introduced. ~ ' 2: The Department shall present its analysis and any recommendation by an advisory board that may have previously heard"the matter, and any reports or recommendations received by oth 'I r agencies. 3: Interested . parties shall be allowed. to i submit written - ^ -recommendations and comments before or during the hearing and - shall be given a reasonable opportunity to make oral statements in r-• - favor of or in opposition to the proposal. - B. Decision r-.. The decision shall take.the form of a recommendatior, resolution, ordinance or other form as appropriate to'the proceedings: - n 10.9.3 Quasi-Judicial Hearings. ~ ~ Ordinance, No. 02-1599 X 27 Apri12002 . AR.T/CLE X ~4DM/N/STRATION ~ " " - ~A. Parties ~ . . The.parties to a-quasi-judicial. hearing shall be the following: . 1.. :The applicant: ~ - 2. The City of Longwood. 3. Any person, or entity who n:ceived mailed notice of the proceedings and notes the Department at least three days prior to the hearing • that they intend to particip;~te in the hearing as a party." 4. Any person or entity qualiijring'as a substantially affected`party, as defined herein. Such pE;rson. or entity :shall give notice to the Department of:their intent to participate as a substantially affected party. The notice shall be Provided.to the Department at least three days prior to .the : hearincl, and shall set forth .the basis for the assertion that the person or entity is.substantially affected. ~ ~ B. Rights. of Parties ~ ~ ~ All parties to aquasi-judicial proceeding shall have the following rights: i~ 1. Present a case or.defensf: by oral and documentary evidence. 2. Submit rebuttal evidence and conduct such cross-examination as may be required fora full and true disclosure of the facts. 3. Submit proposed findings and conclusions and supporting reasons `J therefor. - - . 4. Make offers.of compromi:;e or proposals of adjustment. 5. To present.the case in person; or be accompanied, represented and ~ advised by counsel.. ~,J • 6. Be promptly notified of any action taken on the matter. . C. Procedures for Hearings ~ . Quasi: judicial hearings shall be conducted according to the procedures- adopted in F2esolution 01-1023. Ordinance No. 02-1599 X-Z!8 April 2002 `J . ~ ARTICLE X - ADMINISTRATION 10.10.0 DEVELOPMENT ORDERS r--.. A. Development Activity ~ Development activities or permits are prohibited during the appeals period as follows: 1. No Development activity, including grading or site preparation, or actual construction, until the period during which. appeals maybe filed has expired. r; 2. No permits, shall be issued for any type of development activity on the development site until the period during which appeals may be filed has expired. B. Extension The applicant may request one six-month extension, providing that the application for extension is received 30 (thirty) days prior to the date of expiration. ~ r. ~ I C. Expiration Once a development order has expired, a new application and fee shall ~ ~ be required. r, D. Site Development and Variance.Orders All Development Orders for Site Development and Variances (Hardships) shall be valid for six months from the date that the City provided its Final Approval or Board action. I ~ . Ordinance No. 02-1599 X-29 April 2002 ~ '