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Ordinance 11-1956 ORDINANCE NO. 11 -1956 AN ORDINANCE OF THE CITY OF LONGWOOD, FLORIDA, AMENDING THE LONGWOOD DEVELOPMENT CODE ARTICLE I GENERAL PROVISIONS, ARTICLE II LAND USE AND OVERLAY DISTRICTS, ARTICLE III DEVELOPMENT DESIGN STANDARDS, ARTICLE IV RESOURCE PROTECTION STANDARDS, ARTICLE V SUPPLEMENTAL STANDARDS, ARTICLE VI SIGN REGULATIONS AND ARTICLE X ADMINISTRATION, ARTICLE XI GREEN BUILDING PROGRAM AND THE LONGWOOD DESIGN GUIDEBOOK TO STREAMLINE AND CLARIFY EXISTING DEVELOPMENT PROCESSES AND DESIGN STANDARDS, AMEND THE TABLE OF ALLOWABLE USES INCLUDING NEW CATEGORIES FOR MASSAGE THERAPY ESTABLISHMENTS, TATTOO SHOPS, AND PAWN SHOPS, REVISE THE HERITAGE VILLAGE AND LONGWOOD BOULEVARD :EAST BOUNDARIES, CREATE SUPPLEMENTAL STANDARDS FOR MASSAGE THERAPY ESTABLISHMENTS; PROVIDING FOR CONFLICTS, CODIFICATION, SEVERABILITY AND EFFECTIVE DATE. WHEREAS, 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 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 February 9, 2011 to consider the amendment of the Longwood Development Code; made certain findings of fact regarding said amendments, determined the proposed changes are consistent and recommended the proposed ordinance be enacted by the City Commission; and WHEREAS, the City Commission and staff have identified procedural and technical corrections which are necessary to improve the Code and expedite the review process; WHEREAS, the City Commission desires to protect the character of residential and commercial areas and preserve the value of the property throughout the City WHEREAS, this Ordinance is not intended to affect those projects that have submitted a major site plan application by the effective date of this Ordinance; NOW, THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LONGWOOD, FLORIDA, AS FOLLOWS: 1 of39 SECTION 1. The Longwood Development Code shall be Amended as follows (Words that are stricken -ei are deletions; words that are underlined are additions; Articles, Sections, Subsections and Provisions not referenced in this ordinance are not modified): Article III. Development Design Standards 3.10.0. 3.9.0 Stormwater management. 3.11.0. 3.10.0 Mobility Design Article X. Administration 10.15.0. 10.14.0. Plats. ARTICLE I. GENERAL PROVISIONS 1.4.4. Relationship to the Longwood Design Guidebook. The Longwood Design Guidebook includes specific materials, styles, orientation, and other design criteria which, when in conflict, override such elements in the Longwood Development Code unless otherwise provided for by this LDC. Interpretation of the application of regulations, performance standards, criteria, definitions, procedures, or any other provision of this guidebook shall be the responsibility of the Community Development Director. 1.10.0. Definitions. Bars, cocktail lounge, tavern or saloon means any establishment which is devoted primarily to the retailing and on- premises consumption of alcoholic beverages. Such establishments may also serve meals and food as is customary for restaurants; however, this particular use shall be those establishments where more than 50 percent of the gross revenue is derived from alcoholic beverage sales versus food sales. Church or other places of worship means any structure or site used primarily as a place of public or private worship on a permanent basis by a recognized and established religious sect or denomination and registered as a not - for -profit organization pursuant to Section 501(c) of the Internal Revenue Code of 1954. . For the purpose of distance requirements specified in City Code or this Development Code, "church or other places of worship" or similar wording shall mean a free - standing church. 2 of 39 Club or lodge means an establishment operated by a corporation or association of persons for social, literary, political, educational, fraternal, or charitable purposes, registered as a not- for -profit organization pursuant to Section 501(c) of the Internal Revenue Code of 1954. Fast restaurant. An establishment with indoor and /or outdoor seating_as provided for by the LDC where the principal business is the sale of pre - prepared or rapidly prepared food directly to the customer in a ready -to- consume state for consumption either within the restaurant building or off premises. Pawnshop. Any person whose business is to take or receive by way of pledge, pawn or exchange any goods, wares or merchandise or article of personal property (except for car titles, deeds, cash, checks or other similar commercial instruments and papers) of any kind as security for money loaned thereon. Semi- Pervious. A material that allows at least 40% absorption of water into the ground or plant material, such as pervious pavers, gravel or green roofs. Also referred to as semi - permeable. Sit -down restaurant. A retail food service establishment with table service and indoor and /or outdoor seating and as provided for by the LDC in which the principal use is the preparation, cooking, consumption, and sale of food and beverages. Tattoo •arlor. An establislunent whose orincisal business activi either in terms of operation or as held out to the public, is the practice of placing of designs, letters, figures, symbols, or other marks upon or under the skin of any person. ARTICLE II. LAND USE DISTRICTS AND OVERLAY DISTRICTS 2.2.0. Adoption of districts. 2.2.5. Industrial (IND). The IND land use district is designed primarily intended to provide a location for a wide range of industrial uses. as well as Limited additional uses that are supportive of and ancillary to industrial development are also allowed. Allowable uses include general office, government services, 3 of 39 warehousing and distribution centers, manufacturing, and specified commercial, ate, storage, artist and artisan studios, cottage industries, and limited residential use all as further specified in section 2.3.0 (table of allowable uses). Certain specified uses may also be subject to the supplemental standards in section 5.4.0 (supplemental standards for specific uses). Parcels in the IND category that are adjacent to a property in the Infill and Mixed -Use (IMU) category and are aggregated under the same ownership, may when reviewed as a planned development, utilize all applicable standards of the IMU land use for the entire project. 2.3.1. Table of Allowable Uses. The following uses are allowable, subject to the standards, regulations, and criteria of this code and the Longwood Comprehensive Plan, and may be further restricted by the Planning Districts in the Longwood Design Guidebook. The use table is intended to apply to new development or changes of use that create impacts that are not supported by the site: 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 specific use. Where a use is subject to supplemental standards, the specific section is included in parentheses. C = subject to a Conditional Use Permit * = Uses allowed only as an accessory use ® = When within 600 feet of the SunRail station, use is only allowed as part of a mixed -use development o = Allowed only in multi -unit centers = Prohibited on properties adjacent to CR 427 Low Medium Neighborhood Transit Industrial Public/ Conservation Density Density Commercial Infill and Village Institutional Residential Residential Mixed -Use Mixed -Use (TOD) • Overlay Adult S entertainment establishments (5.1.6) (5.4.5) Amphitheatre C C C A Bake shop C C A A A® A (retail sales with limited on -site production) Bakery A A • (production) Bars, cocktail A A® lounge. tavern or saloon Bed and s S S breakfast establishment (5.1.5) (5.4.4) Body shop, A freestanding or in conjunction with used 4 of 39 vehicle sales, vehicle service, or vehicle repair Carwash C (freestanding) Cemetery A A A Civic facilities C C A A A A C (museum, library, and similar) Community C A A A -L4 A centers and indoor recreation facilities Community S S residential homes (-5,4,9) (5.4.8) Day care and S S A A AO pre- school facilities Dog kennels C A A CO A without outdoor runs (5.1.2) (5.4.1) Dog kennels S S with outdoor runs 04,2) (5.4.1) Low Medium Neighborhood Transit Industrial Public/ Conservation Density Density Commercial Infill and Village. Institutional Residential Residential. Mixed -Use Mixed -Use Overlay Duplexes A A (3.2.5) Fast -food and A G drive up restaurants Fast Food (No A AO A* Drive -Thru) Financial C A A AO 4 A institutions (No Drive -Thru) Financial A institutions (With Drive - Thru) Funeral home A A A Gasoline sales C Au A® General offices, C C A A A A A including government offices, and excluding medical Government A A A services, such as public works yard, utility 5 of39 facilities, emergency services facility, substations, etc. Group homes S S S S Hospitals S S (5.4.8) (5.4.7) Hotels and C A A A motels ru. salva g gc yards (5.4.1) Large -scale C discount stores Light repair A A A (indoor) Lodges or clubs C A A A A (private) Manufacturing, A A processing, assembly, or fabrication (indoor) Manufacturing, A processing, assembly, or fabrication with outdoor storage or activity Massage S S Ao Therapy Establishments per F.S. 480 (5.4.13) Low Medium Neighborhood Transit Industrial Public/ Conservation Density Density Commercial Infill and Village Institutional Residential Residential Mixed -Use Mixed -Use Overlay • Medical /dental C C A A As A offices and clinics Mini - storage A A facilities Multifamily A A A A A* dwellings, including- duplexes Nursery, plant A A Nursing and S S convalescent care facilities (5.4.7) Outdoor A A A A A A recreation facilities (active) Outdoor S S storage (5.4.11) Package store C C A AA A (alcoholic 6 of 39 beverage sales) Passive A A A A A A A A recreation facilities _ Pawn Shop A Print shop A A AO A (retail service . for personal or business use, such as photocopy, blueprint, laser print, and similar reproduction services, etc.) _ Commercial A printer (offset press, newspaper, book binding) Professional C C A A AO A services Religious S S S S S institutions (5.4.11) (5.4.10) • Research A C A facilities _ Retail facilities C A A A. A Schools A A A A A+ A A Security A A A A A A buildings /guard house Shopping C A centers Low Medium Neighborhood Transit Industrial Public/ Conservation Density Density Commercial Infill and Village Institutional Residential Residential Mixed -Use Mixed -Use Overlay Single- family A A A A dwellings Sit -down C C A A A. A restaurants Tattoo Parlor Ao Theaters A A A A A Utility A A A A A A A A collection or distribution systems (cables, lines, pipes, pumping stations) Vehicle rental C S CO S facilities (474.4) (5.4.3) Vehicle sales S S (-54,4)(5.4.3) Vehicle service A A and repair 7 of 39 Veterinary C A A. A clinics (indoor), Warehousing A A (indoor storage) Warehousing S A (outdoor storage) Wholesale A A facilities Woodworks A A (cabinet makers and similar woodworking) 2.3.4 For uses that are not listed, the Community Development Services Director may approve compatible uses based upon an evaluation of projected impacts in terms of parking, trip generation, and /or other pertinent factors at their 't cretion. 2.4.0. Overlay districts. 2.4.3 The Transit Village (TOD) Overlay. The Transit Village category describes property which falls within the boundaries of the Transit Village as described in the Longwood Design Guidebook. The use table described in this category applies to all development whether single -use or mixed -use within the Transit Village. The Community Development Services Director shall determine whether certain uses are compatible in a mixed -use project. ARTICLE III. DEVELOPMENT DESIGN STANDARDS 3.2.0. Site design standards. 3.2.1. Table of Dimensional Standards. Setbacks Land Use Residential Front (Feet) Side (Feet) Rear (Feet) Maximum Maximum Floor Maximum Category Density Minimum Minimum Impervious Area Ratio per Building Height (FLUM (Units /acre) Surface Ratio lot (Percent) (fl=eet) District) per lot (Percent) Low Density Min. 0.0 Max. Min. 25 7 15 42 NA B Residential 4.0 (LDR) 8 of 39 Medium Min 0 Max. Min. 25 7 15 65 NA B Density 7.0 Residential (MDR) Downtown Max, 10.0 A A A 75 75 A Historic (DH) Neighborhood Max. 7.0 A 15 A 10 A 20 75 14-75 4-2 stories Commercial Mixed -Use (NCMU) Infill and See Table 3.2.1 A A A 80 See Table 3.2.1 A Mixed -Use (I-I) (H) (IMU) Industrial (IND) See LDC 2.3.4 A A A 80 100 A Public/Institutio 0 A A A 75 50 A nal (P/I) Conservation 1.0 NA NA NA 5 NA A (CON) Transit Village See Underlying A A A Established by underlying Future A (TOD) Overlay FLUM Land Use Category in the District Category and Longwood Comprehensive Plan. Comprehensive Plan H. Densities and intensities for the Infill and Mixed -Use Category are established by the Comprehensive Plan, and are distributed through the Planned Development process. pursuant to the City Density and Intensity Bonus Manual, as adopted by the City Commission. 3.2.3. Design standards for nonresidential and mixed use properties in the City of Longwood. 2. Building Gcolors including the color of non- shingle roofs that are a color other than a neutral finish, 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 Community Development Services Department. Corporate colors may replace the trim and /or accent pending a determination by the Community Development Services Director. Corporate colors may only be up to 20% of the total square footage of any one building facade. Roof surfaces which are not shingled shall be complementary to the color selection for the building as determined by the Community Development Services Director. Repainting of existing buildings shall comply with the requirements of this section. Awnings shall be the trim or accent color selected for the building. 9. Any walls visible from the public right -of -way shall be decorative, in a style, material, color, and finish consistent with the buildings on the site. Examples are illustrated below. Further fence standards can be found in Section 5.3.3 of this LDC. - • -, - .. •- -- - : - property in the city.- . - - - _ ' . - .. - - - - _ - - - - - - - - - . . - . .. , . . . - - . . - - . . : 9 of 39 11. Dumpsters shall be enclosed on three sides by a masonry wall consistent with the color and design of the development of a height sufficient to entirely screen the dumpster from view. If additional dumpsters are added following the initial development process, these dumpsters must also comply with the standards of this section. enclosures in compliance with this Pection. 3.2.4. Design standards for residential infill development. 3. Parking and access a. Fear Two parking spaces shall be provided for each dwelling unit. In order to meet this requirement, parking spaces may be provided in a commonly owned and maintained off street parking facility in addition to private driveways and garages. Required parking may not be placed in any front or side yard. 3.5.5. Tree protection standards. L. Off -site tree mitigation account. planting requirements for development as described in this LDC may be met by the contribution of fees to an off -site tree mitigation account or, at the discretion of the City, by off -site tree mitigation in the form of either the direct contribution of trees to applicable City projects. 2. All funds collected as tree replacement fees shall be administered by the City Administrator or designee. Disbursements from the tree replacement account shall be made only for the following purposes: a. Purchasing trees for plannting and any associated costs in accordance with the city's tree planting program; or b. Protection of trees and enforcement of this ordinance. 10 of 39 3. Fees for the off -site tree mitigation account are established by the city commission in the schedule of fees. 4. Fees for the off -site tree mitigation account shall be reviewed annually by the city commission to reflect the cost of living adjustments and /or market conditions and may be modified by approval of the city commission. In establishing fees, the city shall consider the cost of material, labor, transportation, planting, watering, and mortality rate of replacement trees. 5. Trees authorized for off -site mitigation shall be planted in city -owned properties and parks, city rights of way, and preservation and conservation areas owned by the city. The city may also plant trees within the medians and rights of way of state and county roads where an interlocal agreement authorizes such plantings. 6. Fees for off -site mitigation shall be paid to the city prior to the issuance of any tree removal permit or building permit for new construction with an approved site plan or plat. 7. The City may agree to allow an applicant to provide trees to satisfy landscape requirements directly to City projects in lieu of a contribution of fees when consistent with this LDC and the following guidelines: a. Trees provided as a contribution in lieu of fees must meet all applicable requirements for size and planting described in this section. b. Applicants wishing to contribute trees in this manner must, on forms provided by the Community Development Services Department, detail the number and specifications of trees provided. c. Contributed trees may count up to 50% of the trees required by this section. d. Contribution under this section will only be allowed for applicable City projects as determined by the City Administrator.: Contribution may be made in advance of a proposed development and a record of all such contributions shall be maintained by the Community Development Services Department 3.6.0. Mobility and Parking Requirements 3. The Community Development Services Director may consider a request by the applicant to increase or reduce the required parking based on parking analysis utilizing the latest ITE Standards or other methodology as approved by the Community Development Services Director and prepared by a certified traffic engineer priced by the applicant. The applicant analysis shall e include evidence that the change in available parking will not have adverse affects. The provision of multi -modal transportation alternatives to reduce the need for parking is encouraged.. . • ... - . . • . - •- • • • • 11 of39 3.6.1. Parking space requirements. A. Table of Parking Space Requirements for Residential Uses. Type of Residential Use Number of Spaces Single- family homes and 2 4-per unit* duplexes Multifamily (apartment, 1 bedroom or efficiency -- condominiums, 1.5 per unit townhomes, and other multifamily structures) 2 bedroom -- 1.75 per unit 3 bedroom -- 2 per unit *All parking for single- family and duplex shall be accommodated off- street in a garage, carport, or driveway and shall not be located in the front yard, except the designated driveway. Parking shall not be located in the right -of -way, including the sidewalk. 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. Where permits are required for resurfacing of parking lots, the parking lot shall be brought into compliance with this Code to the maximum extent practicable. 3. Aisles and circulation areas shall be paved; however, parking spaces in excess of those that are required may remain unpaved by utilizing semi - pervious surfaces as approved by the Community Development Services Director. . . - - - - . Development Services Director and based upon a parking analysis as described in 3.6.0 - (B)(3). Driveways and aisles shall be fully paved, and whenever a parking lot abuts a paved street, the driveway leading from such street to such parking lot shall be paved. In unpaved parking areas, parking spaces shall be demarcated by wheel stops or other similar devices. 3.6.4. Shared Parking Reduction . B. Parking space requirements may be reduced or waived by the administrator Community Development Services Director based upon the availability of an off-site and noncontiguous 12 of 39 parking facility or parking lot. The property owner shall provide the following information to support a request for reduction or waiver of otherwise required parking. 3. The off -site parking areas shall be clearly delineated. -meet thc same development standards-(regarding impervious surface, drainage /retention, buffering, interior landscaping, etc.) as those that apply to the primary site. A. Fire lanes. Fire lanes sh 11 comply with the National Fire Protection Association (NFPA) 1. All fire lanes shall be marked with yellow thermo plastic paint. - - • . - • - • - - - .. . - . . .41g NO PARKING OR STANDING FIRE LANE. B. Addressing. All buildings within the City of Longwood shall have thc addresses clearly marked . . . • . - - ... . . • . . .. • • .. - .. 1, Section 3 7 Fire Protection Markings, C. Key boxes. All new construction shall be in compliance to NFPA Volume no. 1 Scction 3 6 Key Boxes. 31.0.03.9.0. Stormwater management. 3.10.1 3.9.1. Stormwater management plan requirements. A. Building permit applications for any development activity which disturbs the existing grade of a piece of property shall require a stormwater management plan. The city administrator Community Development Director may waive this requirement upon the advice of the city engineer only if adequate information exists to determine pre and post development drainage patterns without additional survey and design. 3.10 3.10.0 Mobility Design ARTICLE IV. 13 of 39 RESOURCE PROTECTION STANDARDS 4.8.4. Conservation and reuse. C. Residential stormwater reuse: New subdivisions and multiple- family residential developments of five acres and larger shall reuse stormwater on a site basis to minimize pumpage of groundwater resources for nonpotable uses. Strategies chosen shall include at least one of the following unless a legally compliant and functionally equivalent alternative is agreed upon by the Community Development Services Director and City Engineer: a. Collection and reuse of stormwater in reservoirs or ponds for irrigation. b. Use landscaped swales and landscaped ditches within parking areas to control stormwater runoff and provide for better water quality. c. Clustering of units within subdivisions to create unified and protected open space areas. D. Nonresidential stormwater reuse: New nonresidential developments of five acres and larger shall reuse stormwater on a site basis to minimize pumpage of groundwater resources for nonpotable uses. Strategies chosen shall include at least one of the following, unless a legally compliant and functionally equivalent alternative is agreed upon by the Community Development Services Director and City Engineer: a. Collection and reuse of stormwater in reservoirs, cisterns, or ponds for irrigation. b. Use landscaped swales and landscaped ditches within parking areas to control stormwater runoff and provide for better water quality. c. Use of shared parking, where appropriate, to decrease the amount of impervious surface. E. New or redeveloped nonresidential buildings of at least 30,000 square feet shall use: a. Green roof systems, or above or below ground cisterns to collect stormwater for uses. b. Landscaped swales within parking areas to control stormwater runoff and provide for better water quality. ARTICLE V. SUPPLEMENTAL STANDARDS 14 of 39 5.3.3. Fences. F. Chain link fences shall not be permitted in or around front yards. F F. Allowable fence materials shall include aluminum, treated wood, masonry, wrought iron, and vinyl. Chain link fencing is only allowed in the following situations: when fencing retention opaque fencing-if adjacent to residential or mixed use properties or visible from the street. Chain link is allowed only in the rear yard of industrial property when the chai • " - - .. - another industrial property. 1. When enclosing retention ponds or telecommunication towers. If chain link is used in this manner, it must be black vinyl chain link, no taller than eight feet, and screened from view by landscaping or opaque fencing if adjacent to residential or mixed -use properties or visible from the street. 2. As perimeter fencing in the rear yard of industrial property when chain link fence will directly abut another industrial property. 14 G. Fences shall not obstruct visibility as required in section 3.8.0. 1H. Fences and walls on nonresidential property shall not obstruct any utility easement from being accessed by the City of Longwood. J I. Building permits shall be required for all fence installation. Building permit shall not be required to complete a minor repair of an existing fence. For the purpose of this section the term "minor" shall mean the replacement of no more than 20 percent of the existing fence. A permit will be required if any portion of the fence is moved to a new location. K J. Any fence or wall required for the purpose of screening equipment, vehicle or storage by the city codes shall be a minimum of six feet in height. K. Barbed wire, or plain wire mesh shall not be allowed on any property in the City, unless required by State or Federal law or regulation. 5.3. Temporary Structures 15 of 39 A. Permitting. Temporary structures used to coordinate and direct construction and authorized by a valid development order or other applicable approval shall be allowed upon receipt of a building permit. Approval may be granted by the Community Development Services Director or designee for a trailer, mobile home, or similar unit, used as a temporary sales office or other business facility in any district and not for residential occupancy. B. Duration. The permit shall expire upon completion of the project, or within six (6) months, whichever occurs first. The permit may be extended for one (1) or more six (6) month periods following inspection by the Building Division to insure need and code compliance. Upon permit expiration, the temporary structure shall be removed immediately. C. Location. Construction trailers must be located on -site, outside the road right -of -way. Construction trailers may only be allowed in an easement with written permission from the City and any utilities located in the easement. D. Flood Zones. The location of temporary structures in Flood Zones is subject to Section 4.5.5 (E) of this LDC. 5.4.1. Salvage yards and junkyards. 5.4.1. Salvage yards and junkyards. A. The city shall require a bufferyard D for all such facilities. B. A masonry fence eight feet in height shall be required to enclose all junkyard or salvage yard facilities. r No materiak, refuse or trash shall exceed the height of the fence. D. No material, refuse or trash shall be located in the front yard. F. Salvage yards and junkyards shall not allow storage of hazardous materials. 5.4.4. 5.4.3. Vehicle sales or rental facilities. L. All applications for a vehicle sales or rental facility that does not currently exist on the roe Y property_ ttY _ or the expansion of existing legally conforming vehicle sales or rental facilities where additional 16 of 39 lands are taken and will keep three or more vehicles outdoors for sale or display at one time shall require a formal site plan or site plan revision site plan consistent with the requirements of LDC section 10.2.0. The site plan must demonstrate full compliance with all current applicable development design standards, including but not limited to parking, storm -water management, setbacks, architecture, and landscape. Existing infrastructure and buildings to be used as part of a vehicle sales or rental facility shall be treated as new construction and must comply with all design standards regardless of prior use or time unoccupied. M. In addition to the Infill and Mixed Use parking requirements of LDC section 3.6.0 3.6.1 B, vehicle sales or rental facilities under two acres in size with buildings smaller than 1,200 square feet must provide one additional parking space for every three vehicles for sale or rent. This calculation shall be determined based on the maximum number of vehicles that may be on site for sale or rent at any one time. Fractions of the three car ratio shall be rounded up. 5.4.5. 5.4.4. Bed and breakfast establishments. A. A bed and breakfast establishment is allowable as described in Section 2.3.1 in the downtown l-use district, provided that the residential character of the neighborhood is maintained. 5.4.11. 5.4.10. Religious institutions. 4. A community center, fellowship hall, social hall, recreation hall, or other similar gathering place nee is allowable as an accessory use to a religious institution when the gathering place is a function of the primary use on site. where such facility is not the . primary use or activity, and where such fac• • • • : . .. - - • . .. • . that is the principal use on the site. - - - - . • 22- .. . - • • -, • -Shall be subject to standards for institutional uses. 5.4.12. 5.4.11. Outdoor storage and warehousing (outdoors). Outdoor storage may be allowed as an accessory to commercial, industrial, and mixed -use land use designated areas in accordance with the City Codes and the following conditions: A. Outdoor storage may be permitted in the rear yard, directly behind and adjacent to the industrial or commercial building, providing that proper screening is provided from adjacent properties and that the outdoor storage yard area size is no larger than 30 percent of the building square footage. The allowable percentage of outdoor storage area shall not exceed the total percentage of the individual unit utilizing the outdoor storage area. Outdoor storage is allowed in the side yards of parcels designated for industrial use if, and only if, such outdoor storage area is enclosed by a solid fence, or masonry wall if required. Outdoor storage is prohibited in front yards in all districts. Accumulation of adjacent storage yard area is strictly prohibited. B. Outdoor storage areas shall be screened from adjacent residential or historic uses by a masonry 17 of 39 wall. Outdoor storage areas adjacent to other land uses shall require a landscape buffer one higher than is required in section 3.5.2, buffers required, (i.e., if bufferyard A is identified, then a bufferyard B would be required for outdoor storage). C. No outside storage area, or building, shall be located in a public utility or drainage easement. D. No outdoor storage may be located in a required parking area, landscape buffer, fire zone loading area, or access lane. 5.4.12. Outdoor display. Outdoor display may be allowed as an accessory to areas designated as Infill and Mixed -Use (except in the Transit Village Overlay), Neighborhood Commercial Mixed Use, Downtown Historic, and Industrial in accordance with all applicable City Codes and the following conditions: A. Outdoor display of merchandise may be permitted within the required front, side, or rear yard areas, providing that such outdoor display shall not be located adjacent to a local residential street. B. Outdoor display areas shall be set back no less than ten feet from the front right -of -way line and five feet from the side property line. Landscaping shall be installed such that outdoor display materials are not visible from any adjacent local residential street. C. All display merchandise and related display equipment shall be removed at the close of business each day. No outdoor display areas shall be permitted within required parking spaces or areas, nor shall they be permitted on public sidewalks or pedestrian or vehicular access areas, parking aisles, or driveway entrances or exits. 5.4.13. Massage therapy For the purposes of this section, massage therapy establishments are those establishments which are consistent with and licensed pursuant to F.S. 480. A. Massage therapy establishments are a permitted use within multi- tenant centers in the Industrial District, provided they meet the following conditions: i. No massage therapy establishment located within the Industrial District shall be located any less than 1,000 feet from another massage therapy establishment. Massage therapy establishments conforming to the standards of Subsection B shall not be included in the distance calculation. ii. Hours of operation on each day must be limited to times occurring between 7 A.M. and 8 P.M. 18 of 39 B. Massage Therapy Establishments that meet both of the following criteria shall be permitted in the Infih11 Mixed Use, Transit Village and Downtown Historic districts: 1. The massage therapy establishment is an accessory use to and occupying the same space as a primary use that is a Iicensedprofessional service other than professional massage therapy that is customarily associated with massage therapy (i.e. chiropractor, physician, beautician, etc.) 2. Hours of operation on each day must be limited to times occurring between 7 A.M. and 8 P.M. Any massage therapy establishment lawfully operating on the effective date of this section within the Infill Mixed Use, Transit Village or Downtown Historic districts shall comply with the hours of operation condition imposed under sub- subsection 2. supra six (6) months after the effective date of this section. Massage therapy establishments failing to comply with the requirements of this code shall be subject to enforcement pursuant to Article VI, Division 2 of the City of Longwood Code of Ordinances. The City further reserves the right to ensure compliance with this section via those alternative remedies set forth in Chapter 162, Florida Statutes, and, if appropriate, through a civil action for injunctive or other equitable relief in a court of competent jurisdiction. 5.4.14. Outdoor Seating Areas A. Stand -alone restaurants may be allowed outdoor seating areas that are subordinate to the principal use. B. Restaurants with outdoor seating must cease outdoor dining operations at 9 P.M. when located within 500 feet of a residential use. C. Outdoor seating areas must include an aluminum picket or other decorative fence, or landscape . that significant enough to demarcate and contain the outdoor seating area. D. Outdoor seating will count towards the seating requirements, of the restaurant for such purposes and traffic and parking generation. E. Outdoor seating areas are required to meet all applicable setbacks for structures on the property. 5.5.0. Hoare occupations. J. Fabrication of only those articles such as are commonly classified under the terms arts and handicrafts may be deemed a home occupation, subject to the other terms and conditions of the home occupation regulations and providing no on premises retail sales of the product are made. 19 of 39 ARTICLE VI. SIGN REGULATIONS 6.1.0. General provisions. Attention- getting device: Any pennant, flag (other than those identified in section 6.4.4E), valance, banner, propeller, spinner, streamer, searchlight, balloon, or similar device or ornamentation, including those signs which incorporate projected images or emit any sound, odor, or visible matter, such as smoke or steam, or involve the use of live animals, and are designed for or having the effect of attracting attention, promotion or advertising visible from public right -of -way. 6.1.6. Nonconforming signs. 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 tewafd to be brought into full compliance with this Ordinance. A building permit shall not be issued for a structural alteration to a nonconforming sign except as allowed for in 6.1.6 (C) or if the sign is in full compliance with the Land Development Code. This does not refer to change of copy and sign face changes for businesses that have a valid Business Tax Receipt. Of-maintenance,. 6.2.0. Prohibited signs. 6.2.2. Specifically. The following signs are expressly prohibited unless exempted by this Code or expressly authorized by this Code: I. Signs that are attention- getting devices, which incorporate projected images or emit any sound, - - - - . - - . .. - . . -, . - . . .. . -- _ . 20 of 39 involve the use of live animals. 6.4.4. Specially regulated signs. A. Automotive service station and/or convenience store with fuel dispense station signs. Signs for an automotive service station shall be limited as follows: 2. Canopy signs. Two standard logo signs not to exceed €e w- sixteen square feet per sign, and are included in the calculation of allowable signage. 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 in area to twe four square feet and in height to 3.5 feet, including embellishments, giving directions to motorists regarding the location of parking areas. These signs shall be permitted as permanent signs on all parcels and 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. E. Flags. Flags are allowed to show nation, state, and /or organization patronage. A flag shall not include any device used for advertising that falls under the definition of banner or pennant. No more than four flags will be allowed on any one Infill and Mixed -Use or industrial property. The number of flags shall not be restricted on residential properties. Flags shall not be longer than one -third the total height of the flag pole. On Infill and Mixed -Use and industrial property, flag poles shall be no taller than 35 feet measured from grade of the land at the base of the pole to the top of the pole. On residential property flag poles shall be no taller than 20 feet. 6.6.0. Temporary signs. A. Permitting. 3. Temporary sign permits associated with Temporary Use Permit, Development Sign, Grand Opening signage, or New Business signage shall run concurrent to other temporary sign requirements on a parcel or grouping of parcels under the same ownership with multiple businesses, so long as there are no more than two temporary signs allowed on any parcel or grouping of parcels under the same ownership at any one time and so long as no single business has more than one temporary sign at any one time. 21 of 39 0 4. Extensions and Waivers. The following extensions or waivers may be granted to temporary signs: a. When associated with permanent sign improvements. The Community Development Services Director may approve an extension to the allowable period for a temporary sign of up to 30 dapon approval of a sign permit for the addition or improvements (not to include routine maintenance) to existing permanent signage at the location for which a temporary sign is requested. All proposed improvements shall be consistent with all other provisions of this Code. The applicant shall submit a request letter with the permanent signage application. If this request is approved, the applicant is required to complete the work associated with the permanent sign permit. If the work associated with the permanent sign permit does not receive a successful final inspection within 6 months of issuance, no additional temporary sign extensions will be granted for this applicant at this location under this subsection. b. When associated with demonstrated marketing efforts in addition to temporary signage. The City Commission may adjust the time provisions found in 6.6.1 (A)(2) and upon the submittal of a waiver request by the applicant which includes a detailed plan indicating all of the steps they have taken and plan to take to market their business beyond temporary signage. To request a waiver, an applicant must submit a waiver request accompanied by a sign permit application, applicable fees and all information required to demonstrate consistency with the requirements of this section 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 Longwood Development Code. The requirements of this section 6.6.0 and all subsections thereunder may be waived by - - : -- -- ' - .:: • : • : - : - aordinary circumstanccs or hardship, or when it s- 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 acceptable to the City accompanied by a 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 Longwood Development Code. B. Sign types allowed. A temporary sign may be a ground 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 may also include portable signs, banners, flag) and pennants. Decorative balloons of no more than 30" in diameter and in an amount of no more than 10 balloons per parcel shall be allowed as temporary signs for events when placed and removed on the same day as the event for no more than one day per month per development. 22 of 39 6.6.3. Specific types of temporary signs. C. Grand opening of a business. A business receiving a new local business tax receipt may put up a temporary sign as described in this Code for the first 30 60 days of business, with approval from the Community Development Services department and permits as required. A grand opening sign may not be combined with another temporary sign for the same business under this section, and 90 days shall elapse before the same business receives another temporary sign permit. F. Real estate signs. 4. A building permit shall not be required for the placement of a real estate sign conforming to the requirements of this section for signs that do not require review under the Florida Building Code. 6.7.3. Placement. E. Clearance standards. 1. Over pedestrian way. All signs over pedestrian ways shall be a minimum of eight seven feet above pedestrian way. 6.7.7. Miscellaneous design standards. A. Sign structures, to include the frame and base but not the face of the sign, shall be consistent with the style, color, material, and finish of the principal buildings on the site. Signs shall include at €acs ARTICLE X. ADMINISTRATION* 10.0.8. Citizen awareness and participation plan. 23 of 39 5. At a minimum the citizen awareness and participation plan shall include the following information: a. Identification of the residents, property owners, interested parties, political jurisdictions, and public agencies that may be affected by the proposed development. b. Description of how notification will be provided to those interested in and potentially affected by the proposed development. At a minimum, this will include a notification by the applicant to property owners within 300 feet of the boundaries of the proposed development and each City Commissioner and the City Administrator. Further notification requirements may be required by the Community Development Services Director based on the expected impact of the development. 10.2.0. Site development plans. 10.2.1. Generally. C. Major and minor site development plans. Site development plans will be classified as either "major" or "minor" based on the level of impact. Development activity that shall be considered a major site development plan shall include new construction,or expansions or redesigns of existing development when associated with a change of use that will create over 10,000 square feet of gross floor area and its required parking. All other site development plans (including site plan amendments) shall be considered minor unless otherwise determined by the Community Development Services Director. D. Submittals. An application for major and minor site development plan approval shall be on forms provided by the department. For subdivisions, plats conforming with Section 3.3.0 sections 3.3/1 and 3.3.5 shall be provided. For all other development, the following information shall accompany the application where relevant to the proposed development unless waived by the Community Development Services Director: • 10.2.2. Procedure for Major and Minor Site Development Plans. B. Citizen Awareness and Participation Plan meeting. Major site plans are subject to the 24 of 39 requirements of Section 10.0.8 of this LDC related to the Citizen Awareness and Participation Plan (CAPP). and mMinor site development plans may be subject to the Citizen Awareness and Participation Plan (CAPP) requirements of Article 10, Section 10.0.8 of this Development Code, as determined by the Community Development Services Director based on projected development impact. C. Completeness review. The department shall review an application for site development plan approval to 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. If the property has any outstanding Code violations, the Community Development Services Director, based upon a review of the impacts of the violation and the applicant's efforts to correct the violation at thcir discretion, may choose,not to review the site development plan application until the violations have been cleared. D. Development Review Committee (DRC) Meeting. A Development Review Committee meeting is required for major site development plans. and mMinor site development plans may require a DRC meeting as determined by the Community Development Services Director based on projected development impact. In considering whether to approve an application for a site development plan, the Development Review Committee will consider the evidence presented by the applicant and its consistency with the Longwood Development Code, the Longwood Design Guidebook, the Comprehensive Plan and any and all applicable legal documents. The Development Review Committee shall recommend approval, recommend approval with conditions, or recommend denial to the Community Development Services Director. Community Development Services Director, the department shall place the site development The department shall prepare a report on whether the application complies with the applicant, the person or persons requesting formal review, and the public not later than five days prior to the City Commission hearing. forth in section 10.13.0 of this article. The City Commission shall determine whether the proposed site development plan complies with all applicable provisions and approve, approve with conditions, or deny the site development plan. G. Formal review for miner site development plans. 1. Within five working days of receipt of a complete miter site development plan application, the applicant shall provide notice to property owners within 300 feet from the boundaries of the property subject to the proposed site development plan pursuant to the requirements for mailed notice set forth in section 10.0.6 of this article, and to each city 25 of 39 commissioner. The notice shall inform the recipient that complete plans of the proposed development may be viewed at the department., . - : - . - - - - , • - • - • - : eaeli Each city commissioner may request formal review of the site development plan by the city commission within 15 days of receiving notice. 2. The request for formal review shall be filed with the department or postmarked within 15 calendar days of the mailing of the notice. The request shall include the following: a. Name and address of the person making the request. 3. If a request for formal review has been filed by a City Commissioner, a person who received notice, • . - - . .. •• - . • - - - - .. - - _ -' •• - - - [s u b sect i on ] G.2- above, the department shall place the miner site development plan on the agenda of the next available City Commission meeting "'following the recommendation of the Community Development Services Director and allowing for required notice. The department shall prepare a report on whether the application complies with the Comprehensive Plan and the provisions of this Land Development Code, and this report shall be made available as part of the meeting agenda. and shall - . , . • : • - ..: • of later than five days prior to the City Commission hearing. a. The City Commission shall hold a hearing on the matter pursuant to the procedures set forth in section 10.13.0 of this article. The City Commission 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. 10.3.2. Criteria for Issuance. Applicants for conditional use permits shall submit a Major Site Development Plan. In addition to the requirements of 10.2.0, the applicant shall submit a Conditional Use Permit Application Form which describes how the proposed development meets the following conditions. No conditional use permit shall be approved by the Community Development Services Director unless the following findings are made concerning the proposed use: 10.3.4. Procedures for Approval 26 of 39 B. Application submittal requirements. An conditional use permit application shall be filed with the City's Community Development Services Department on the form prescribed. Any incomplete applications will be returned to the applicant. C. Site development plan. The applicant for a conditional use permit shall follow the procedure for a Major Site Development Plan .. - ! - - :: -- - • ' : - consistent with 10.2.0 of this Land Development Code, with additional requirements as described in this section. D. Formal review for conditional use permits. applicant shall provide notice to property owners within 300 feet of the boundaries of the - .. - ! . e . . . - - , - - . - • -- - ' - :n recipient that complete plans of the proposed conditional use may be viewed . - - - - - - , . - - - - - , • - .. _ . - ity commissioner, may rcqucst formal review of the conditional use permit by the city commission. 2. The request for formal review shall -be filed with the department or postmarked wig calendar days of the mailing of the notice. The request shall include the f Bowing' a. Name and address of the person making the request. • b. Certification by the person making the rcqucst th. • - . - _ intends to present, in person o . - _ . - - -- • -, - - - 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 [subsection] D.2 above, the department shall place the conditional use permit on the agenda of the next available City Commission meeting following the recommendation of the Community Development Services Director. The department shall prepare a report on whether the application - .. _ - : . , . - - ... • ve days prior to the City Commission hearing. a. The City Commission shall hold a hearing on the matter pursuant to the procedures set forth in section 10.13.0 of this article. The City Commission shall determine whether the proposed conditional use permit complies with all applicable section provisions and approve, approve with conditions, or deny the conditional use permit. 1=D. Development Review Committee (DRC) Meeting. A Development Review Committee meeting is required for conditional use permits. In considering whether to recommend approval on an 27 of 39 application for a conditional use permit, the DRC shall consider the evidence presented by the applicant and shall act on the application based on the findings required in Section 10.3.2. The Development Review Committee shall recommend approval, recommend approval with conditions, or recommend denial to the Community Development Services Director. €-E. Effect of denial or withdrawal on subsequent application. No application for a conditional use permit shall be entertained within six months after the denial of a request for the same use for the same property unless substantial changes, as determined by the Community Development Services director, are included as part of the revised application. The Director may waive this time limitation. G F. Consideration by Community Development Services Department. The Community Development Services Director shall approve, approve with conditions, or deny the conditional use permit. H G. Amended application. Amendment of a petition by the applicant may be permitted at any time prior to the Community Development Services Director's decision, provided that no such amendment shall be substantially or fundamentally inconsistent with the description given in the CAPP process unless those changes are in direct response to comments made at the CAPP meeting. I H. Appeal of decision. Any affected person may appeal Community Development Services Department's decision on an application for a conditional use permit. The appeal must be filed within 15 days of the date notification of the decision is sent to the applicant. The procedure for the appeal shall be the same as is provided in 10.12.0 Appeals for appeals from decisions of the Community Development Services Department. 10.4.0 Planned Developments 10.4.3 Review Process. The review process for a Planned Development is as follows: 4. Major Site Plan Submittal. The applicant shall follow the procedure for a major site development plan described in Submit . a site plan that conforms to the requirements of Section 10.2.0 of this Land Development Code and additional requirements as described by this section. Planned Developments are subject to formal review by the City Commission as described in Section 10.2.0. In addition to the requirements of 10.2.0, the following information should be provided: 5. Development Agreement. a. The Planned Development will may be recorded as a Development Agreement consistent with 10.5.0 of this Land Development Code. 28 of 39 10.6.0 Development Orders 10.6.1 Generally: With the exception of those approvals subject to a Development Agreement, Development Orders are issued whenever a site plan is approved or approved with conditions. A. Required Contents of Development Orders. Each final development order shall contain the following: 1. An approved major or minor site development plan 2. Terms and conditions placed on the approval 3. A statement that thc Development Agreement shall be recorded in thc records of upen -the applicant and all successive owners of the subject prope# 4. If modifications must be made to the development plan before a final development order may be issued, a listing of those modifications and the time limit for submitting a modified plan. 5. The determination of concurrency, and mobility fees if applicable 6. The time period for which the development order is valid. 10.7.0. Historic overlay district. (3) In the event of a variance request to any of the regulations defined in the Longwood Historic District. Code Book for either contributing or supporting structures, the city commission shall hold a hearing on the natter pursuant to the procedures in section 10.9.0 10.13.0 of this article. 10.7.2. Hearing by city commission. In the event of an appeal, a request to demolish a contributing structure, or a variance request to the requirements of the historic district code book, the city commission shall hold a hearing in accordance with the procedures set forth in section 10,970 10.13.0 of this article. An applicant may request a waiver to any provision of the historic district code book "color selection guide" and "architectural regulations" from the city administrator. The administrator may grant such minor waivers if it is determined that doing so is in keeping with the general intent of the code. If the administrator chooses not to grant such a waiver, the applicant may appeal the decision to the city commission. A waiver to any other provision of the historic district code book shall be a variance and must be noticed as such. 29 of 39 10.8.3. Review by LPA. A. Public hearing. . A hearing shall be held by the LPA to consider a proposal for a small -scale future land use map amendment pursuant to the procedures in section 10.9.0 10.13.0 of this article. 10.9.2. Procedure. D. Hearing by board of adjustment. A hearing shall be held by the board of adjustment on applications for variances pursuant to the procedures in section X0.9.0 10.13.0 of this article. 10.10.0. Vacations. 10.10.3. Procedure. D. The city commission shall hold a hearing on the matter pursuant to the procedures in section 10.9.0 10.13.0 of this article. 10.11.0. Land use policy decisions. 10.11.2. Procedure. C. Recommendation of LPA. The LPA shall hold a hearing on each land use policy matter pursuant to the procedures in section 10.9.0 10.13.0 of this article. The LPA shall thereafter submit to the city commission a recommendation which: • 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 10.9.0 10.13.0 of this article. Amendments to the comprehensive plan shall be transmitted for review pursuant to the procedures in F.S. ch. 163. 30 of 39 10.12.0. Appeals. 10.12.2. Appeals from decisions of the board of adjustment. An applicant, any substantially affected person, as defined herein, or the administrator, may appeal any final decision of the board of adjustment, including decisions made pursuant to 10.12.0 above, by filing a notice of appeal with the department within 15 calendar days of the decision. In the event the Board of Adjustment approves any variance application for which staff has recommended denial, it shall be automatically appealed to the City Commission. 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. The decision of the city commission shall constitute final action for the city and may, thereafter, be appealed to circuit court in accordance with Florida law. • A. Development activity. Development activities or permits . - - - • • = - - - as follows: 1. No development activity, including grading or site preparation, er actual construction, until the period during which appeals maybe filed has expired. 2. No permits shall be is-sued for any type of develet3ment activity on the development site until the ing which appeals may be filed has expired. 10.15.0. 10.14.0. Plats. 10.15.1. 10.14.1. Purpose. 10.1.5.2. 10.14.2. General requirements. C. A site plan shall be required. A plan for proposed public improvements shall be submitted with the site plan. A development order approving the site plan shall not be approved until the plan for public improvements is found to comply with all requirements of this code and city standards for construction and installation of public facilities and improvements. Contents of the public improvements plan are specified in section 10.11.5 10.14.5. 3 1 of 39 10.15.3. 10.14.3. Lot splits and replats. 10.15.4. 10.14.4. Requirements for preliminary plats. • 10.15.5. 10.14.5. Requirements for site plan and public improvements plan. 10.15.6. 10.14.6. Requirements for final plats. ARTICLE XI. GREEN BUILDING PROGRAM 11.0.0. Generally. 11.0.1. Purpose. The purpose is to establish goals, programs and procedures that will help the City of Longwood become a more sustainable community. This program shall establish new environmental goals for the City of Longwood to define a certification -based "green building" program with incentives and define new measurement parameters and reporting criteria to track the City of Longwood, Florida's performance towards its environmental goals. This program will promote economic and environmental health in the City of Longwood and provide leadership to both the private and public sectors in the arena of green building practices including resource efficiency and disaster mitigation. Specific practices are outlined below. 1) Promote a sustainable future that meets today's needs of a stable, diverse and equitable economy without compromising the ability of future generations to meet their needs. 2) Become a leader in setting policies and practicing service delivery innovations that promote environmental sustainability. 3) Establish a green building program to: a. Improve the economic and environmental health of the City of Longwood through measurable objectives; b. Track and analyze key indices to measure performance; and c. Provide incentives for voluntary compliance. 32 of 39 11.0.3. Government Leadership. To demonstrate the City of Longwood, Florida's commitment to a green building program, the City of Longwood, Florida shall to the maximum extent practicable comply with the green building programs established herein for all government buildings, and shall: 1) Track and report the government's monthly water and energy use; and 2) Publish an annual report that outlines the City of Longwood, Florida's energy and water use for the prior year and outlines a plan to reduce it for the corning year. 11.0.4. Designation of responsibility for administration and implementation. The program shall be administered by the City of Longwood, Florida's community development services department, which shall be responsible for, but not be limited to, the following: 1) Marketing the program to the community by any reasonably effective means; 2) Developing any appropriate or necessary application procedures, including but not limited to, the program application form; 3) Writing policies and procedures for staff implementation of the green building program; 4) Providing the certifications for use in the program; and 5) Resolving disputes that may arise from implementing the program. 11.0.5. Applicability. The standards of this section shall apply to private and public projects on a voluntary basis. An applicant for this program must submit the following information in conjunction with a site development plan or building permit application: 1) A written narrative describing the strategies being used to meet the standards of the applicable standards described in Section 11.0.7. 2) Supporting documentation showing conformance with the prerequisites and /or point system of the standards described in Section 11.0.7. 3) Any additional information deemed necessary by the Community Development Services Director to review the application for consistency with this program. 11.0.6. Green building coverage. The program shall be comprised of the following sub - programs: 1) New residential construction; 2) Residential retrofitting /remodeling; 3) New commercial /non - residential construction; 33 of 39 4) Existing commercial /non - residential construction; and 5) Land developments. 11.0. Green Building Standards. In addition to the City of Longwood, Florida's Code and the Florida Building Code's minimum standards, the program shall be administered using standards developed by the Florida Green Building Coalition, the U.S. Green Building Council, the Green Building Initiative, or the National Association of Home Builders. These standards shall apply to each subprogram as follows: 1) New residential permitted projects. New residential projects shall satisfy all of the requirements associated with either: a. The current green home designation standard of the FGBC; b. The current USGBC LEED for Homes® program; c. The current National Association of Home Builders National Green Home program; or d. The GBI new home designation, including but not limited to, any monetary or certification requirements. 2) Remodeling of existing homes. The participant shall meet requirements of remodeling certification with either: a. The current green home designation standard of the FGBC; b. The current LEED for Homes® program; c. The current NAHB National Green Home program; or d. The GBI including but not limited to, any monetary or certification requirements. The home shall meet the requirements for "remodeling" or "existing home" of the designation. 3) New commercial or institutional buildings. The program participant shall satisfy all of the requirements associated with either: a. The current green commercial designation standard of FGBC; b. The current LEED for New Construction or derived USGBC LEED rating system (e.g., LEED for Schools, LEED for Health Care); or c. The Green Globes environmental assessment system for new designs including but not limited to any monetary or certification requirements. 4) Existing commercial and institutional buildings. The program participant shall satisfy all of the 34 of 39 requirements associated with either: a. The current green commercial designation standard of the FGBC; b. The current LEED for existing buildings or derived USGBC LEED rating system (e.g., LEED for Schools, LEED for Health Care) program; or c. The Green Globes environmental assessment system for existing designs, including but not limited to any monetary or certification requirements. 5) Land developments. The participant shall satisfy all of the requirements associated with either: a. The current green development designation standard of the FGBC; b. The current LEED for neighborhoods and developments rating system program; or c. The NAHB development designation, including but not limited to any monetary or certification requirements. 11.0.8. Review. For the purpose of this section of the program, a program participant shall be bound by the standard designated for a particular subprogram unless the program participant requests to be certified under a more current version of a designated standard and the request is approved by the department of the City of Longwood, Florida responsible for administering the particular program. 11.0.9. Waiver. In order to facilitate compliance with this article, a program participant may request the city commission waive specific requirements of the Longwood Development Code, Article III, Design Standards, when such requirements are found to be an impediment to achieving the standards of the applicable subprogram as detailed in section 11.0.7. To be considered for a waiver the program participant shall submit a completed application packet letter with supporting documentation necessary to demonstrate compliance with the requirements of this section to the community development services department. The community development services department shall review the application and submit the application along with a recommendation to the city commission for their consideration at the earliest available city commission meeting. Waivers granted under this section are contingent upon the project earning the intended certification. Should the project not receive the intended certification, the waiver shall be invalidated and the project will be required to come into compliance with all applicable codes and regulations. The waiver request shall be consistent with the following requirements, as determined by the City Commission: 1) The applicant shall demonstrate to the satisfaction of the City Commission that the requirement for which a waiver is being requested is in direct conflict with the standards of the programs described in Section 11.0.7. 2) The resulting condition of the waiver shall not be in conflict with the Longwood Comprehensive Plan. 3) The applicant shall describe the other methods by which compliance with both the program standards and the Development Code could be maintained, and demonstrate that the other options are not financially feasible or would otherwise jeopardize the project. 35 of 39 11.0.10. Incentives. The program shall include incentives designed to encourage the use of the program. 1) All sub programs. For any voluntary program participant seeking a program certification, the City of Longwood shall provide the following fast track permitting incentives: a. Complete and compliant site plan applications for non - formal review shall be processed in 20 business days. All such applications shall be accompanied by the appropriate green building program application form. b. Complete and compliant building permit applications for residential and commercial green buildings shall be processed in seven business days. All such applications shall be accompanied by the appropriate green building program application form. 2) Reduced site plan review fee. For all projects there shall be a ten percent reduction of the site plan review fee. The reduction amount shall be refunded following the issuance of a Certificate of Occupancy when the applicant provides the following information demonstrating compliance with the applicable program standards described in Section 11.0.7: a. Proof of program certification b. Program scorecard or other documentation showing how certification requirements were met c. Where applicable, receipt showing amount paid for program certification fee 3) Marketing for all sub programs. For any program participant seeking program certification the City of Longwood, Florida's general government shall provide the following marketing incentives to the maximum extent practicable, including but not limited to: a. The inclusion of program participants on a webpage dedicated to the program; b. Press releases; c. Information about available financial programs, including but not limited to, those associated with Fannie Mae/Freddie Mac; d. Provision of website links to local sustainable businesses and green building materials; or e. Cooperation with local banking, realtors, and insurance companies to make green building more affordable. 4) Green building award. For the purpose of publicly recognizing outstanding commitment to "green building," the program shall provide for an award called the "Green Building Award" to be awarded annually by the City of Longwood to one program participant. 5) Special green contribution award. The City of Longwood shall annually provide a special 36 of 39 recognition award to those contractors that donate significant reusable building materials to non- profit local building organizations. 11.0.11. Certification. The application may be subject to certification by a qualified third party who has been trained and certified as a green building certifier. For the purpose of this section of the program, "third party" means any person or entity authorized according to the requirements of the standard for a particular project. 11.0.12. Education and training. The City of Longwood shall attempt to make available a meeting space available for green building programs offered by organizations that are of a general nature (not product specific). Organizations shall contact the City of Longwood to make arrangements. The City of Longwood's community development services department staff shall be encouraged to attend at least ten hours of green building training a year. In addition, it is the goal of the community development services department to have at least one LEED certified planner on staff 11.0.13. Index and report. The goals and objectives of the program and their status shall be recorded, analyzed and reported to the commission. The city administrator or her designee shall be responsible for this indexing and reporting. 11.0.14. Program review. 1) Staff review. The City of Longwood, Florida shall provide for a review of the program to determine the need for changes in the program to increase its effectiveness. 2) Frequency. The program shall be subject to review one year after the effective date of this ordinance and thereafter at a frequency of not more than once per year. 3) Purpose. The purpose of reviewing the program includes but is not limited to updating program incentives, recommending program or marketing changes to the City of Longwood, reviewing suggestions made by program participants and annually awarding the green building awards of the program. (Ord. No. 10- 1915, § 1, 5 -3 -2010) SECTION 2: The Planning Districts Map of the Longwood Design Guidebook is hereby' amended _ extend the boundaries of the "Heritage Village (Transit Village)" District as described in EXHIBIT attached hereto as though fully contained herein. • SECTION 3: CONFLICTS. If any ordinance or part thereof is in conflict herewith, this Ordinance shall control to the extent of the conflict. • 37 of 39 SECTION 3: CODIFICATION. Sections 1 and 2 of this Ordinance shall be codified; that such sections may be renumbered or relettered to accomplish the intent of this Ordinance. SECTION 4: 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 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. SECTION 5: This Ordinance shall take effect immediately upon its adoption. LAND PLANNING AGENCY HEARING: f of a,r y C i .2C 1 ) rJ FIRST READING: (-c LP a- +^ y 0,I a v l 1 SECOND READING AND ADOPTION: 114 rC.k 7 2,01/ PASSED AND ADOPTED THIS D Y OF M rC,h , 2011 i i JOHN C. ; !"GOT MAYOR AT EST / °. / t. ' 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. MID DA ` • GAY, e Y ATTORNEY 38 of 39 Exhibit A y OR 427 • 4 He itage Village , n;wo Buulcrarcl} fsW BO'tlle and East R i 39 of 39