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Ordinance 11-1961 ORDINANCE NO. 11 -1961 AN ORDINANCE OF THE CITY OF LONGWOOD, FLORIDA, AMENDING THE LONGWOOD DEVELOPMENT CODE ARTICLE I GENERAL 1 PROVISIONS, ARTICLE II LAND USE AND OVERLAY DISTRICTS, ARTICLE III DEVELOPMENT DESIGN STANDARDS, ARTICLE V SUPPLEMENTAL STANDARDS, ARTICLE VI SIGNS, ARTICLE IX HARDSHIP RELIEF, ARTICLE X ADMINISTRATION, THE LONGWOOD DESIGN GUIDEBOOK, AND THE HISTORIC DISTRICT CODE BOOK, TO STREAMLINE AND CLARIFY EXISTING DEVELOPMENT PROCESSES, USE TABLES AND DESIGN STANDARDS, TO CLARIFY PARKING STANDARDS REGARDING FLEET VEHICLE PARKING AND ADA COMPLIANCE, TO ALLOW FOR SIDEWALK CAFES IN THE HISTORIC DISTRICT, TO AMEND THE TABLE OF ALLOWABLE USES RELATED TO AUTO - ORIENTED USES,; AND .AMEND STANDARDS REGARDING NONCONFORMING USES; 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 � I be amended; and WHEREAS, the Land Planning Agency (LPA) held a public hearing on April 13, 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 NOW, THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LONGWOOD, FLORIDA, AS FOLLOWS: SECTION 1. The Longwood Development Code shall be Amended as follows (Words that are stricken out are deletions; words that are underlined are additions; Articles, Sections, Subsections and Provisions not referenced in this ordinance are not modified): 1 Of 17 1.6.2. Responsibility for interpretation. In the event that any question arises concerning the application of regulations, performance standards, criteria, definitions, procedures, or any other provision of this LDC, the Community Development Services Director administfater shall be responsible for interpretation. •.. 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 PD= subject to Planned Development Approval * = 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 (5.4.5) Amphitheatre C C C A Bake shop C C A " A AO 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 (5.4.4) Body shop, A freestanding or in conjunction with used 2 of 17 vehicle sales, vehicle service, or vehicle repair Carwash CO (freestanding) Cemetery A A Civic facilities C C A A A C (museum, library, and similar) Community C A A A ' A centers and indoor recreation facilities Community C C C C C C C Garden Community s S residential homes (5.4.8) Day care and S S A A AO pre - school facilities Dog kennels C A A CO A without outdoor runs (5.4.1) Dog kennels S S with outdoor runs (5.4.1) Low Medium Neighborhood Transit Industrial Public/ Conservation Density Density Commercial Infill and Village ■Institutional Residential Residential Mixed -Use Mixed -Use Overlay 1 Duplexes A A (3.2.5) Fast -food A ,, ; restaurants (With Drive - Thru) Fast Food (No A AO A* Drive -Thru) Financial C A A AO A institutions (No Drive -Thru) . I Financial AD institutions (With Drive - Thru) Fleet Storage of A* A* 5 vehicles or less (5.4.17) Fleet Storage of C* more than 5 vehicles (5.4.17) Funeral home A A Gasoline sales C A, +: A. General offices, C C A A A A A including 3 of 17 government offices, and excluding medical Government A A A services, such as public works yard, utility facilities, emergency services facility, substations, etc. Group homes S S S S Hospitals S _ S (5.4.7) Hotels and C A A A motels Large -scale C® discount stores Light repair A A A (indoor) Lodges or clubs C 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 AO offices and clinics Mini - storage A A facilities Multifamily A A A A♦ A* dwellings Nursery, plant A-C A (5.4.15) Nursing and S S convalescent care facilities (5.4.7) Outdoor A A A A A A recreation facilities 4 of 17 (active) Outdoor s s storage (5.4.11) Package store C C A A0 (alcoholic beverage sales) t Parking, C C PDO C C structured with liner buildings _ 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 (5.4.10) _ Research A GAO A facilities Retail facilities C A A AO A Schools A A A A AO 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 A0 A restaurants Tattoo Parlor Ao Theaters A A A A Utility A A A A A A A A collection or distribution systems (cables, lines, pipes, pumping stations) 5 of 17 I Vehicle rental C S. CO S facilities Vehicle sales S. S Vehicle service As A and repair Veterinaiy C A AO 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) 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) District) per lot (Percent) Low Density Min. 0.0 Max. Min. 25 7 15 42 NA B Residential 4.0 (LDR) 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 15 10 20 75 75 2 stories Commercial Mixed -Use (NCMU) Infill and See 3.2.1 (H) A A A 80 See 3.2.1 (H) A Mixed -Use (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) 6 of 17 Transit Village Min. 12.0 A A A Established by underlying Future A (TOD) Overlay For Max.Ssee Land Use Category in the District Underlying Longwood Comprehensive Plan. FLUM Category and Comprehensive Plan • D. The Community Development Services Director may reduce setback requirements for properties with a rear yard that is fully enclosed by a perrnitted opaque fence or wall for the placement of sheds, utility buildings, pool decks, sc reened porches, or similar accessory structures, as long as all other requirements including impervious surface requirements and landscape buffers are met and as long as the structure does not exceed the height of the proposed fence. 3.6.1. Parking space requirements. B. Table of Parking Space Requirements for Nonresidential Uses. Type of Activity Number of Spaces Assembly facilities (any 1 per 4 occupants* plus facility with an auditorium, 1/500 SF office, box office, sanctuary, or other such or employee work area assembly and gathering place whether fixed seats or open area) Banks and similar financial 1 per 350square feet (SF) institutions of gross leasable area (GLA) General commercial, retail, 1/ 350 SF GLA and convenience store uses Day care centers 1 /500 SF Gasoline stations, service 3 per service bay plus stations, and vehicle repair 1 /500 SF of office facilities (without convenience store) Group lodging facilities, 1 for each 2 sleeping such as rooming houses, spaces plus 1 per boardinghouses, residential employee ** on the largest care homes, or donnitories shift Hospitals 1 per every 2 beds plus 1 /500 SF of office area Manufacturing and similar 1 per 750 square feet of industrial uses manufacturing area Medical, dental, optical, 1 per 400 square feet of veterinary clinics and total floor area offices 7 of 17 Mini - storage facilities 1 /500 square feet of office (storage only -- no retail or or employee work area plus wholesale selling) -- any one adjacent to each unit allowable vehicle storage shall not occur in designated parking areas Nursing homes, assisted 1 per employee plus 1 per care facilities and similar each 4 beds uses Nursery, Plant 1 per 350 for primary structure 1 per 1000 for outdoor sales.area (including greenhouses) Offices 1/350 square feet GLA Personal service facilities 1 per employee + 1/250 square feet GLA Private schools (K - -8), and 1 per classroom plus 1/500 similar facilities SF of office All public schools; private Per state standards high schools shall meet the same standard as public high schools Recreation and amusement 1 space per 5 occupants facilities plus 1/500 square feet of office area Restaurants, lounges, bars, 1 space per 3 seats taverns, and similar facilities Warehousing 1 /1,000 square feet GLA 5.4.14. Outdoor seating areas. Outdoor seating areas are permitted as an accessory use to establishments selling food and /or alcohol for on -site consumption. All outdoor seating areas must receive approval from the Community Development Services Department. Outdoor seating areas may be approved pursuant to the following standards and requirements:. A. An outdoor seating application along with payment of applicable fees must be submitted to the Community Development Services Department.. A B. Stand -alone restaurants and restaurants located within multi- tenant centers may be allowed outdoor seating areas that are subordinate to the principal use. Bars and other establishments which primarily serve alcohol must ensure that patrons are only seated within the delineated outdoor seating area, no standing areas are allowed in areas provided for by this section. $C. Unless located within a mixed use building, r Restaurants with outdoor seating must cease outdoor dining operations at 9 P.M. when located within 5300 feet of a single family residential use. D. Proposed oOutdoor seating areas associated with a stand -alone restaurant must include an aluminum picket or other decorative fence, or barricade, o pe that is significant enough to demarcate and contain the outdoor seating area. 8of17 E Proposed outdoor seating areas associated with a business located within a multi- tenant center may be located on the sidewalk directly adjacent to the building frontage of the business being_ served. The location of seating and service areas must not impede pedestrian access /circulation must provide at least 44" of clear pedestrian way along the sidewalk, and cannot create a potentially hazardous condition. A letter from the property owner approving the location and . hours of operation of the outdoor seating area must accompany the Outdoor Seating Application. 13 F. Outdoor seating will count towards the seating requirements of the restaurant for such purposes and traffic and parking generation. 1✓ G. Outdoor seating areas are required to meet all applicable setbacks for structures on the property. The Community Development Services Director may approve up to a 30% reduction in any setback requirement for outdoor seating areas, upon a finding that a reduction in setback requirements will not negatively impact adjoining uses, parking, or vehicular /pedestrian circulation, and is consistent with all other provisions of the Code and that the entire property in which the outdoor seating area is to be located is brought into compliance with the current landscape requirements of Article .III of the Longwood Land Development Code. H. Outdoor seating areas that are inconsistent with the provisions of this code may in addition to established Code Enforcement procedures, be immediately closed by City Law Enforcement or the Fire Marshal. Establishments that are found in violation of this section and /or are closed by the City three times within any twelve month period shall have their outdoor seating approval revoked. Establishments that have had their approval revoked may re -apply for outdoor seating, however City Commission approval for the outdoor seating shall be required. Establishments that apply for reinstatement shall be required to pay a fee which shall be, established by the City Commission. 5.4.15. Plant Nurseries. A. Plant nurseries shall have a primary structure that meets all applicable codes and regulations, including this Land Development Code, the Florida Building Code, and 'applicable life safety codes. B. Plant nurseries may have a delineated permanent outdoor sales area. The outdoor sales area for plant nurseries (including_aisles, walkways, and outdoor storage areas) shall not exceed three times the amount of floor area of the business within the primary structure or the amount of indoor floor area dedicated to nursery sales within a department store or, similar concept. C. A..licants for slant nurseries must •rovide the followin • : 1. Management Plan. The applicant shall provide a plan that addresses any probable impacts and includes any proposed mitigation measures. The plan shall include: a. description of the type of equipment necessary or intended to be used on -site and 9of17 the frequency and duration of anticipated use b. disclosure of any intent to spray or otherwise apply agricultural chemicals or pesticides on -site, the frequency and duration of application, and the plants, diseases, pests or other purposes for which such chemicals or pesticides are intended to be used; c. a proposed sediment and erosion control plan. d. a site plan clearly depicting the proposed outdoor sales area, walkways, the location of refuse storage and collection areas, and areas for customer loading of plant materials, etc.. e. Any other information as may be required by the Community Development Services Department to ensure that environmental and aesthetic impacts are adequately mitigated. 2. Potential Impacts and Mitigation. The Director, in determining whether to approve, approve with conditions or deny the application, shall consider the potential impacts of the facility and the mitigation thereof, including: a. Water Quality and Soils. Impacts of irrigation run -off on adjacent properties, water bodies and environmentally critical areas, and proposed sediment and erosion control measures. b. Traffic and Parking. Impacts related to the number of staff onsite during work hours, and the number of potential visitors regularly associated with the site. c. Visual Impacts and Screening. Visual impacts relating to the proposed nature, location, design, and size of proposed features, structures and activities, including the location of composting activities and planting areas, and any existing or proposed screening. d. Noise and Odor. Impacts related to the location on the lot of the proposed urban farm, any trash or compost storage areas, any farm stand or additional accessory structure, and any other noise- generating or odor- generating equipment and practices. e. Agricultural Chemicals. Impacts related to the use of chemicals, including any fertilizer and pesticide. f. Mechanical Equipment. Impacts related to the operation of equipment, including noise, odors, and vibration. 5.4.16. Community Gardens A. As part of the site plan required as part of an application for a conditional use, an applicant for a 10 of 17 community garden must illustrate and explain in writing how the site will be designed and maintained to assure that water and fertilizer will not drain onto adjacent properties. In addition the applicant shall identify the location and size of the water meter(s), the location of the hose bib(s) and the Barden planting areas, and any areas provided for parking or loading. B. Community gardens shall have a minimum 3- foot -wide, clearly marked entrance path from the sidewalk to the garden. C. The Community Garden must have a perimeter fence that meets the following specifications: 1. The fence must be at least 5 feet tall but no more than 6 feet tall. 2. Chain link fence is not permitted. 3. At least one lockable access gate must be identified. D. A refuse storage area and/ or compost bin may be allowed and, if included, shall be identified as part of the site plan. The storage area or compost bin should be located as close to the rear and center of the property as practical. Refuse must be removed from the garden at least once per week. Any compost bin located on the property must be fully enclosed to avoid impacts to adjacent properties. E. On -site sale of produce is not permitted. F. Hours of operation are limited to the hours between 7 a.m. and 7 p.m. G. All community gardens shall be locked during non - operating hours. H. As a condition of approval, the Community Development Services Director may impose such conditions as to ensure compliance with this Land Development Code or to mitigate adverse impacts to neighboring properties or right -of -way. 5.4.17. Fleet Vehicle Storage. For the purposes of this section Fleet Vehicles are defined as any motor vehicle a company owns or leases that is used in the normal business operations of a company. Vehicles which are used in the normal business operation of a company, but are owned or leased by company employees are not fleet vehicles. Vehicles that are considered "off-road" (e.g., farm or construction vehicles) or demonstration vehicles are not fleet vehicles. Fleet vehicle storage may be permitted as an accessory use pursuant to the use table in Section 2.3.1, the submittal of required application /fees and is subject to the following requirements. A. All Fleet Vehicle Storage shall be approved by the Community Development Services department prior to being established. B. Fleet Vehicle Storage offive (5) or less autos, light trucks or vans. Five or less fleet vehicles are allowed on the same parcel as the principal business, within code compliant parking areas, when it can be shown that there is adequate parking on the site to support the approved uses on the site along with the fleet vehicles. 11 of 17 - C. Fleet Vehicle Storage of more than five (5) autos, light trucks, delivery trucks, or vans. Five or more fleet vehicles are allowed only as an accessory use to a stand -alone business and must be located on the same parcel as the business, pursuant to the following standards: 1. Fleet vehicles are not allowed within required parking areas and must be parked in a separate and clearly marked "For the parking of fleet vehicles only" code compliant parking lot. Where a fleet vehicle -only parking lot cannot be accommodated on the parcel, the parking of fleet vehicles may be allowed in a non - required portion of a on -site parking lot. The fleet vehicle parking area of the lot must be fenced or barricaded. 2. The Fleet Vehicle parking area shall not be greater than three times the interior floor area of the principal structure. The City Commission may approve conditional use applications for proposed fleet vehicle parking that exceeds 50 vehicles, after staff review and based on a finding that the application is consistent with all relevant city codes and that the applicant has adequately mitigated impacts on adjacent properties and public infrastructure. The City Commission may attach additional conditions on the approval to ensure impacts are addressed, including, but not limited to, additional screening, hours of operation, type of vehicle stored, security provisions, and access to site. 3. The Fleet Vehicle Parking shall not be located within the front yard of a parcel. Fleet vehicle parking shall be screened from adjoining uses by a fence and a class A Buffer yard. Where, as a result of configuration, fleet vehicle storage is proposed adjacent to any right -of -way or where it is adjacent to any other land use district other than Industrial, the fleet vehicle storage area shall be fenced, set back from the ROW adjoining property line at least 25', and screened by a Class C Buffer yard. 5.5.0. Home occupations. B. No home occupation shall occupy more than 25 percent of the first floor arca of the residence, The total area allowed for a home occupation shall be limited to an area less than 25% of the first floor of the residence, exclusive of the area of any open porch or attached garage or similar space not suited or intended for occupancy as living quarters. However, the actual home occupation may occur within other areas of the home, including additional floors. No rooms which have been constructed as an addition to the residence, nor any attached porch or garage which has been converted into living quarters, shall be considered as floor area for the purpose of this definition until two years after the date of completion thereof, as shown by the records of the city building division. By accepting a home occupation license, consent is granted for the city to enter the premises upon demand to verify the percentage of square footage being. utilized. 12 of 17 6.4.3. Permitted signs in land use districts. B. Commercial and Industrial Land Use Districts: Signs are allowed, as follows in IMU, NCMU, and :fND land use districts with an approved sign permit where required: 1. Permitted building signs and one monument sign are allowed per development, including multiple unit centers that are not strip commercial centers. par-eel calculated at a total one square foot in sign area for each linear foot of addressed building frontage shall be- allowed up to a maximum of 100 square feet. a. Permitted building signs. Building signs are allowed on each building facade associated with the primary use. Up to one square foot of signage per linear foot of building facade may be erected on the corresponding building facade, up to a total of 200 SF of building signs per building. Prior to the approval of building signage on building facades that are adjacent to single family residential uses a code compliant buffer yard along the applicable property line shall be in place and maintained. b. Monument signs. The amount of allowable monument signage is calculated at a total of one square foot in sign area for each linear foot of either the primary facade (addressed building frontage) or for each linear foot of the secondary facade (containing the primary public entrance), up to a maximum of 100 SF of monument signage. H. Multiple unit centers {limited to strip commercial centers). 1. A master sign plan, pursuant to (see sSection 6.7.5), that identifies a comprehensive sign plan including a unified theme of sign type and style shall be required with the site plan application for all new or redeveloped centers, or prior to the application for approval of secondary or tertiary signage. • - . - • - • - - - - .. - - .. . Master sign plans shall also require a phasing plan detailing how the development will be brought into compliance as existing signs are replaced or new business signs are erected. 2. • _ . . • • ..• .. - ... ..' . - frontage. For strip commercial centers with a master sign plan, the amount of allowable signage is calculated at one square foot of signage per one lineal foot of the facade where the signage is to be located, including secondary and tertiary facades. Prior to the approval of building signage on building facades that are adjacent to single family residential uses a code compliant buffer yard along the applicable property line shall be in place and maintained. 13 of 17 In the absence of a master sign plan, the allowable signage for a business in a strip commercial center shall be calculated at one square foot of allowable signage to one lineal foot of primary frontage. The signage shall only be allowed on the portion of the primary facade associated with that business. 3. One monument sign is allowed per entrance street frontage. that will primarily identify the center by name, and may also identify individual tenants. Total monument signage shall not exceed 150 SF. 4. Monument signs shall not exceed a height of 15 feet, measured in accordance with height definition in 6.1.5 (E). 5. One changeable copy sign, not to exceed 24 square feet may be included on the primary sign structure but not included as part of the over -all allowable signage square feet. When this sign has been allowed, portable signs shall be prohibited on the site. 6. Each tenant shall be allowed at least one building sign. 7. A comprehensive sign plan shall be submitted prior to any sign permit being issued and each permit application shall be in accordance with comprehensive sign plan with authorization of the property owner, or designated representative, prior to issuance of permit. 9.1.0. Nonconforming uses /structures 3. Discontinuance. A non - 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 of 365 days or more. Discontinuance shall be determined by any of the following: interruption in utility service, failure to pay play applicable business taxes, the absence of signage indicating the existence of the nonconforming use on the property, or any other relevant evidence indicating discontinuation of the non- conforming use for the requisite time period. For the following uses, the time period for which discontinuance is determined is 90 days: a. Pawn shops. b. Tattoo parlors. c. Massage therapy establishments. 9.1.4. Special provisions for nonconforming parking requirements. Full compliance with the parking requirements of this development code shall be required where the seating capacity or othcr factor controlling 14of17 - - . • .. .' .. : -velopment code is increased by ten percent or more. 9.1.5 9.1.4 Special provisions for nonconforming lots of record. 1. On lots of record as of the date of adoption of this development code or any amendments thereto, which lots are inconsistent with the requirements as to lot area, lot width, or both and which lots are designated as LDR in the future land use element, a single - family residence and accessory structures may be constructed in accord with all other site development standards in this development code. 2. On lots of record as of the date of adoption of this development code, which lots are inconsistent with the requirements as to lot area, lot width, or 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 land development code. 3. Nonconforming lots of record may not be built upon except as set forth in [subsections] 1. and 2 above. 945 9.1.5 Special provisions for non - conforming parking landscaping, lighting, access and buffers. Properties that do not conform to parking, landscaping, lighting, access, and buffer requirements of this Development Code 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 of a site or the physical layout of structures on or adjoining the site, the property shall nonetheless be brought into compliance', to the maximum extent practical as determined by the Community Development Director. 9.2.2. Limitations on granting variances. F. Expiration. A granted variance shall expire one year after the date of the Board of Adjustment or City Commission decision, unless such variance is included as part of asite plan or construction permit that is approved during this one year period, at which point the variance is valid for the duration of the site plan or construction permit, whichever is longer. SECTION 2: The Longwood Historic District Code Book shall be Amended as follows (Words that are stricken out are deletions; words that are underlined are additions; Articles, Sections, Subsections and Provisions not referenced in this ordinance are not modified): 15 of 17 Section 1.2 Planning of the Historic District Code Book shall be amended to include: Outdoor seating is allowed in the Historic District pursuant to the Longwood Development Code requirements for outdoor seating areas found in 5.4.14. SECTION 3: CONFLICTS. If any ordinance or part thereof is in conflict herewith, this Ordinance shall control to the extent of the conflict. SECTION 4: 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 5: 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 6: This Ordinance shall take effect immediately upon its adoption. LAND PLANNING AGENCY HEARING: /g,p Nr { / S, O/ / FIRST READING: /"7 \1 a ' RP/ SECOND READING AND ADOPTION: a \f /(p) 3 0 0 / -11 PASSED AND ADOPTED THIS / DAY OF ri , 2011 „, RSO, MAYOR 16 of 17 ATTEST 7 • ,Z SARAH M. MERITS, MMC, MBA, CITY CLERK Approved as to form and legality for the use and reliance of the City of Longwood, Florida, only. DANIE . A 0. G 4 ATTORNEY 17 of 17