Loading...
Ordinance 10-1952 ORDINANCE NO. 10 -1952 AN ORDINANCE OF THE CITY OF LONGWOOD, FLORIDA, AMENDING CHAPTER 58 IN THE CITY CODE OF ORDINANCES; PROVIDING FOR THE CITY COMMISSION TO VARY THE REQUIREMENTS OF A TEMPORARY USE; PROVIDING FOR CHANGES TO THE LIST OF ALLOWABLE TEMPORARY USES; PROVIDING FOR CHANGES TO THE CONDITIONS OF A TEMPORARY USE; PROVIDING FOR CONFLICTS AND SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Longwood desires to amend its City Code to provide the Commission with the ability to waive or modify the requirements of temporary uses within the City; NOW THEREFORE, BE IT ENACTED by the City Commission of the City of Longwood, Florida as follows: SECTION 1. City Code Chapter 58, Article IV is hereby amended as follows: Article IV. Temporary Uses Sec. 58 -191. Temporary use table. Sec. 58 -192. Temporary use permits (TUP). Sec. 58 -193. Issuance of temporary use permits. Sec. 58 -194. Waiver or Modifications of Requirements of Temporary Use Permits Sec. 58 -195. Appeals Sec. 58 -196. Enforcement. Sec. 58 -197. Fees. ARTICLE IV. TEMPORARY USES Sec. 58 -191. Temporary use table. The following table identifies the temporary uses permitted within the various land use designations on privately owned property: Temporary Uses Temporary Uses Permitted Land Use Where permitted Produce /Seasonal or In£ill and Mixed Use, Temporary New and Used Neighborhood Commercial Goods Sales Mixed Use Separate Carnivals, Intill and Mixed Use Circuses and Revivals Sales of new or used items, Only on the property where Carnivals, circuses, the church/school/not-for- revivals directly associated profit is located. with existing churches, public or private schools, not- for - profit organizations Semi - Annual Inventory Industrial Sales Outdoor Promotional Sales .Infill and Mixed Use & Industrial Special Event Sales Infill and Mixed Use, Industrial, Neighborhood Commercial Mixed Use, and Downtown Historic Outdoor Music Infill and Mixed Use, Festivals /Arts and Crafts Neighborhood Commercial Shows Mixed Use, Industrial, and Downtown Historic (Code 1982, § 14- 12(a)) Sec. 58 -192. Temporary use permits (TUP). A temporary use permit must be obtained from the planning division prior to beginning operation. A complete application shall be submitted to the city at least 15 working days prior to the scheduled start of the event. The planning division shall submit TUP applications to the appropriate city departments for review and comment prior to its issuance. (Code 1982, § 14- 12(b)) • Sec. 58 -193. Issuance of temporary use permits. (a) A complete application shall be provided to the city at least 15 working days prior to the scheduled start of the event. (b) All signs used in conjunction with the temporary use permit shall be identified and located on a plan for review by the planning division in accordance with the land use district regulations. A building permit for all signs, tents and/or other structures shall be required. (c) The planning division may issue a temporary use permit if the following conditions are met: (1) The proposed use provides safe ingress and egress to the site for both vehicles and pedestrians. (2) The proposed use complies with the appropriate fire and safety code requirements. (3) The proposed use complies with the appropriate building code requirements. (4) The applicant may be required to provide adequate assurance, including but not limited to performance bonds or letters of credit, that the site conditions will be restored at the end of the time limit. (5) Each temporary use permit shall include a specific termination date not to exceed 30 days with a minimum of 90 days between each permit; and daily operating hours. Operating hours are limited to 8:00 a.m. to 10:00 p.m. (6) The temporary use permit shall be displayed in an all- weather container that allows the permit to be viewed from the adjacent public street. (7) No ingress or egress to the site shall be solely through a residential street. (8) All lighting shall be directed away from adjacent properties and public rights -of- way. (9) All temporary use permits' shall require signature of the property owner or a signed authorization by the property owner for the applicant to apply for the permit. (10) Semi - annual retail inventory sales shall be permitted in the industrial land use districts. (11) Occupational licenses are required for certain temporary use permits pursuant to the requirements of chapter 82, article II. (12) Residential garage and yard sales are regulated under chapter 66, article II. (13) Tents over 200 square feet, and the like, in addition to obtaining a temporary use permit, are required to obtain a building permit. (14) Any other information as determined necessary for a temporary use permit at a particular location shall be properly analyzed and approved. (15) Temporary use permits issued for property that has an existing building must have an active ongoing business being conducted on the premises. (16) Adequate parking is available on -site or within 300 feet (with written consent of the property owner) to service both the temporary use and the permanent uses on the site. (17) Based on its review and the comments received from other city departments, the planning division may attach additional conditions on the Temporary Use Permit as may be deemed necessary to ensure compliance with this Section. (Code 1982, § 14- 12(c); Ord. No. 06 -1805, § 2, 6 -19 -2006) Sec.58 -194. Waiver or Modifications of Requirements of Temporary Use Permits The City Commission may at their discretion waive or modify any provision of this Article, where it can be shown that impacts associated with the temporary use (including traffic, parking, restrooms, noise, aesthetics, etc..) can be adequately mitigated and a finding is made that the temporary use is beneficial to the community and the approval of the modification or waiver does not provide for the permanent establishment of a temporary use. The Commission may attach as a part of their approval any conditions necessary to reduce the impacts associated with the temporary use, including but not limited to the location of the event on the property, place limitations on the operation of the use, place restrictions on the duration and frequency of the event, make provision for overflow parking, require additional provision for public safety, and provide for additional requirements pertaining to signage. To request a waiver or modification, a completed Temporary Use Permit Application and the required fees, along with a letter indicating the requested waivers /modification and a justification for the need for the waiver /modification must be submitted to the city no later than 60 working days prior to the event. Sec. 58 -195 Appeals. The decision by the planning division regarding a temporary use permit may be appealed to the City Commission pursuant to the requirements of the Longwood Development Code. (Code 1982, § 14- 12(d)) Sec. 58 -196. Enforcement. Failure to comply with the requirements of this article shall be considered a violation of the City Code and shall be subject to the enforcement actions described in this Code. The planning division shall notify the codes enforcement section of all temporary use permits and associated dates of operation. (Code 1982, § 14- 12(e)) Sec. 58 -197. Fees. The fees for temporary use permits shall be as provided in chapter 2, article VII. (Code 1982, § 14- 12(f)) SECTION 2: CONFLICTS. If any ordinance or part thereof is in conflict herewith, this Ordinance shall control to the extent of the conflict. SECTION 3: SEVERABILITY. The provisions of this Ordinance are declared to be separable and if any section, paragraph, sentence or word of this Ordinance or the application thereto any person or circumstance is held invalid, that invalidity shall not affect other sections or words or applications of this Ordinance. If any part of this Ordinance is found to be preempted or otherwise superseded, the remainder shall nevertheless be given full force and effect to the extent permitted by the severance of such preempted or superseded part. SECTION 4: This Ordinance shall take effect immediately upon its adoption. FIRST READING this day of N v ie r , A.D. 2010. SECOND READING this day of,,Dter, A.D. 2010. PASSED AND ADOPTED THIS (e' OF � , 2010 JOHN C. ;071 G T, MAYOR ATT : SARAH M. MIRUS, MMC, MBA, CITY CLERK Approved as to form and legality for the use and reliance of the City of Longwood, Florida, only. DANIEL LANGL 0 RNEY