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