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Ordinance 10-1914 ORDINANCE N®. 10-1914 AN ORDINANCE OF 'I'FIE CI'T'Y OF LONGW®OD, FT.ORTIDA, AMENDING THE L®NGW®OD DEVEI.®PM[EN'I' CODE, AT2'T'ICLE VI SEC'T'ION 6.6.0 EN'I'I'I'I,ED "'T'EMPORARY SIGNS" AND A12'I'ICI.E IX. SECTION 9.1.0 EN'T'I'T'LED "EXIS'T'ING NONCONFORMING DEVEI.OPMEN~'"; PROVIDING FOl~ CONFLICTS, CODIFICA'T'ION, . SEVERABTT,ITY AND EFFEC'T'IVE TDATE. WT>[EREAS, on May 6, 2002, the City Commission of the City of Longwood enacted the Longwood Development Code (Ordinance 02-1599), as was amended from time to time; pursuant to the requirements of Chapter 163.3202, and Chapter 166.041, Florida Statutes; and WIIEREAS, 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 maybe amended; and WIIEREAS, the Land Planning Agency (LPA) held a public hearing on February 10, 2010 to consider the amendment of the Longwood Development Code; made certain findings of fact regarding said amendments, determined the proposed changes are consistent with the City's Comprehensive Plan and recommended the proposed ordinance be enacted by the City Commission;. and , WTTEIZEAS, the City Commission and staff have reviewed the changes and believe that such changes will improve upon certain. procedural and technical complications .encountered in the Land Development Code; NOW, TI~REFORE RE IT ORDAIIV~D RY TT1E CI'T'Y COMMISSION OF TT=TE CITY OF L®NGWOOD, FT,ORTDA, AS FOLLOWS: SEC'T'ION 1: Longwood Development Code Section 6.6.0. is hereby amended to add new subsection 6.6.1.A.4. as follows: 6.6.1. Generally. 1 Ord. 10-1914 LDCA 01-10 A. P. ermitting. =k 4. The requirements of this Section 6.6.0. and all subsections thereunder may be waived ~y the City Commission upon showing of extraordinary circumstances or hardship,. or when it is determined that a waiver though resulting_in technical non-compliance with this Code, is in the best interest of the City and nonetheless conforms to the overall intent and spirit of the Code. To request a waiver, an applicant must submit a waiver request in a format acceptable to the Cif accompanied by a completed sign permit application to the Community Development Services Department. Such request shall be placed on the agenda for review by the City Commission within 30 days of receipt of a complete request. The Commission shall have the right to impose conditions on any waiver granted so as to better meet the intent and spirit of the Lon wood Development Code. SECTI®IoT 2: Longwood) Development Code Article IX, Hardship Relief, is hereby amended 1:0 read as follows: 9.0.0. Purpose. The purpose of thi's article is to provide mechanisms for obtaining relief from the provisions of this development code where hardship would otherwise occur. T\NO forms of hardship are addressed: (1) section 9.1.0 address hardship that would be caused if nonconforming d~~t uses or structures were required to immediately come into compliance with this development code; and (2) section 9.2.0 addresses the hardship that may be caused in particular cases by the imposition of the development code's development design standards. . 2 ®rd.10-1914 L,DCA O1-10 9.1.0. . Nonconforming uses/structures. ~e 9.1.1.1Vonconforming uses. Non-conforming uses shall mean and refer to those uses of real property and the characteristics of such uses that were lawful prior to the adoption of the Longwood Development Code or any subsequent amendments thereto, but are, at present, prohibited or otherwise further restricted. under the current Longwood Development Code. The intent of this section is to permit but not encourage such non-conforming uses to continue until such uses are removed as required by this section. A nonconforming use may continue so long as such use remains lawful outside the context of the Longwood Development Code and compliance with the following_provisions is maintained: 1. Enla~~ement increase intensification alteration. A nonconforming use shall not be enlarged intensified increased' or extended to occup~aa greater area of land or water than was occupied at the time of the Ci 's adoption or amendment of the applicable Longwood Development Code prohibition regulation or restriction This section shall not be interpreted to prohibit a nonconforming use from being reduced in intensity size or scope• however, once such non- conforming use is reduced rentensification or reexpansion beyond such reduced scope shall not be permitted beyond what is currentlyprovided for in the Longwood Development Code the ultimate foal of this section being, to phase out nonconforming. uses .over time. 3 ®rd. 10-fl914 LI)CA 01-10 2. Relocation. A nonconforming use shall .not be moved or otherwise relocated,. in whole or in part, to any portion of a lot or parcel other than that which was . occupied by such use at the time of the Ci . 's adoption or amendment of the applicable Longwood Development Code prohibition, regulation, or restriction. 3. Discontinuance. Anon-conforming use shall be deemed abandoned and become an illegal use subject to all extant provisions of the Longwood Development Code if such use is discontinued or otherwise lapses for a period oaf 365 days or more. Discontinuance shall be determined by interruption in utility service, failure to pay applicable business taxes, the absence of signage indicating the existence of the nonconforming use on the property, or anv other xelevant evidence uidicatng~discontinuation of the non-conforming use for the re uisite time eriod. 4. Subdiv~ssion and.Additional Structures. No real property upon which a nonconforrnin~ use currently exists shall be subdivided, nor shall anv structures be added to such grope ,except for those purposes and in a manner conformin€, . to all provisions of the Longwood Development Code for the district in which thy, property is located. 5. Change in tenancy or ownership. There may be a change in tenancy= ownership or management of a nonconforminguse, provided there is no change in the nature, character, or intensity of the nonconforming use. n t ~ ~.,~.t;,~ mot;,,,„ ,a 7 t c ~ r6~viccv fB1"irccrrg-cs~E-cv~rceTC~-v=ck1~ cv~~~ tl~ EIA~Y- €6~ g-~e~~f9in, +cm~i:ich-a~'tF@~(3~JirrE-~it~ "}~-rvt~3 ~ ,'1•,•:'~~ruiicrni 4 ®a-d. fl0-1914 I.DCA Ol-l.0 ~t~• 9..1.2..IVonconforming structures. Nonconforming structures shall mean and refer to lots, structures or elements of a structure, including, but not limited to, siding materials, roof types, fences, facades or facade treatments that were lawful prior to the adoption of the Longwood Development Code or any amendments thereto, but are, at present,. prohibited or otherwise further regulated or restricted under the terms of the current Longwood Development Code. The intent of this section is to permit, but not encourage, such nonconforming structures to continue until such structures are removed as required by this section. A nonconforming structure may be continued so long as such structure remains otherwise lawful outside the context of the Longwood Development Code and compliance with the following_provisions is maintained: 1. Destruction. A nonconforming,_structure that is destroyed or demolished bX any means so as to require ,substantial. improvement(s) shall not be reconstructed unless such structure is constructed or otherwise reconstructed in conformity all extant provisions of the Longwood Development Code. For the purposes of this Section 9.0.0. and all. subsections thereunder, "substantial improvement" shall mean and refer to andrepair, reconstruction, renovation, rehabilitation, addition, expansion, or other improvement of a structure, the cumulative cost of which equals or exceeds fifthpercent (50%) of the fair market value of the structure either at the time just before the commencement of such improvement; or, if the structure has been damaged and is being restored, at the time just before the damage occurred. Fair market value shall be determined for the year in which a substantial improvement is commenced by reference to the official tax assessment 5 ®rd. 1®-1914 LI)CA 01-10 rolls for that year or b~ppraisal b~qualified independent appraiser. The. extent of any such damage shall be determined by the building official, in consultation with the Community Development Services Director, b~paring the estimal:ed cost of repairs or restoration with the fair market value. The cost of repeated improvements to a nonconforming structure, which improvements are implemented incrementallyover an~period of time since the effective date of this development code, shall be combined to determine whether the substantial improvemf;nt threshold has been reached. 2. Enlargement or extensions to noncon ormin~ structures. Nonconforming. structures used in a manner conforming to the provisions of the Longwood Development Code may be enlarged or extended without regard to substantial improvement thresholds, provided that such enlargement or extension does not ~,~~ravate, increase or exacerbate an existing_structural nonconformity 9.1..3. .lo<,ol.,,..,-,o.,+ A !~o„0«.,11<, T~T...,,,.,,,,~ ,.,~,;,-.n ao<>ol.,,~„~.o,,,+ b,a l,r,,,,~.1,+ :,,+1, x,11 ,..1;.,,,,.o .,,;+L. s-~z~'bt 6pii~E~i~E6rn°., cni~r°c-`v'c~micn-racJign-cccxcc G'~~ epmeH~ce , EAii~2Ezxvrr`dvTCrr ~ivrrvc'~uccrvzcics 1 Tl, ~f'I„ ~,f+L,o .le ol., ,-,.lo.a 1,< o+L,~„ +0 0 0,-:+ ~ i nnn ~ o ~ o+ <.h;,.ho<.o,. lo~~. Repeated expansions of a > development, constructed over any period of time commencing with the effective date of this development code, shall be combined in determining whether this threshold h;~s been reached. i~ ®rd. 10-1914 I.I1CA 01-10 TO~rdzrr~~rrcccBr-3zt1 ~ ~0 0~t~p E~Ei~E , ~ j ~ ~ s ,7 ° +,-°.,+,Y. ; n .a ~m.~ Va d ~ r ~ a~ ~ L, .a +l, F °1° °.-.+n n+r. n+~~ oa_ m+ n+ 1.° 1.r ,TL.+ b ~ a- Special provisions for nonconforming stormwater management facilities. T" ~aa;*'^" • ~ • + a • o• ~ ~ s ~ ~ existing development that does not comply with the stormwater management requirements of this code must be brought into full compliance when the use of the development is intensified, resulting in an increase in stormwater runoff or added concentration of pollution in the runoff. -X9.1..4. Special provisions for nonconforming parking requirements. r aa•+• +i,° ,;~+°,a n°,.+;^„ o ~ .2 n ~ Full compliance with the parking requirements. of this development code shall be required where the seating capacity or other factor controlling the number of parking spaces required by this development code is increased by ten percent or more. X9.1.5. Special provisions for nonconforming lots of record. 1. On lots of record as of the date of adoption of this development code or an amendments thereto, which lots are inconsistent with the requirements sdbs~~as to lot area, lot width,, or both, and which lots are designated as LDR in the future land use element, asingle-family residence and accessory structures may be constructed in accord with all other site development. standards in this development code. 7 ®rd. 10-1914 LDCA 01-fl0 2. On lots of record as of the date of adoption of this development code, which lots are inconsistent with the requirements ~d~l-as to lot area, lot width, o~r both, and which lots are designated as MDR in the future land use element, a single-family residence or residential duplex and accessory structures may be constructed in accord with all other site development standards in this development code. 3. S~Nonconformin~ lots of record may not be built upon except as set forth in [subsections] 1 and 2 above. 9.1.6. ~ecial provisions for non-eon orming landscaping, lighting, access and buffers. Properties that do not conform to landsca~g, lighting, access, and buffer requirements shall be brought into compliance with such provisions whenever site plan approval is required or a substantial improvement or change of use is proposed. If such compliance is physically impossible due to the size ofa site or the physical layout of structures on or adjoining the site, the~rope :shall. nonetheless be brought into compliance to the maximum extent practical as determined bathe Conununity Developmient Director. SEC'I'I®N 3: CONFLICTS. If any ordinance or part thereof is in conflict herewith, this Ordinance shall control to~ the extent such conflict exists. SECTI®N 4: SEVERAF?ILITY. 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, such invalidity shall. not effect other sections or words or applications of this Ordinance. If any part of this Ordinance is found to be preempted or otherwise superseded, the remainder shall nevertheless be given full force and effect to the extent permitted by the severance of such preempted or superseded part. ®rd. fl0-fl9fl4 ' LDCA Ofl-fl0 SEC'I'I®N 5: CODIFICATION. Sections 1 and 2 of this Ordinance shall be codified and made a part of the Longwood Development Code. Sections of this Ordinance may be renumbered or relettered to accomplish such intention. Furthermore, the word "Ordinance " may be changed to "Section "Article or other word as required. SECTI®N 6: This Ordinance shall take effect immediately upon its adoption. LAND PLANNII~IG AGENCY 1FIEARING: ~ J FIRST' READING: 0 SEC®NI) READING ANI~ AI)®P'I'I®N: ~ D rASSE~ AND A~®~TE~ TII><S / I~AY , 20:><0 JO>EIN N T, ivIAY®R ATTE r SARA>FI 1VI. N~IRITS, M1VdC,10~A, CITY CLERK Approved as to form and legality for the use and reliance of the City of Longwood, Florida,. only. ANIEL LAN T'®RNEY 9 ®~cl. 10-fl91~ I,I)CA 01-10 .