Ordinance 11-1976 ORDINANCE NO. 11 -1976
AN ORDINANCE OF THE CITY OF LONGWOOID, FLORIDA, AMENDING THE
LONGWOOIlD (DEVELOPMENT CODE ARTICLE I GENERAL PROVISIONS.,
ARTICLE 11 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
LONGWOOTD DESIGN GUIDEBOOK, AND THE HISTORIC (DISTRICT CODE BOOK,
TO ALLOW FOR COMMUNITY GARDENS IN THE HISTORIC DISTRICT, AND
STREAMLINE AND CLARIFY EXISTING (DEVELOPMENT PROCESSES;
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 ri,view
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 Bearing on October 12, 2011 to consider
the amendment of the Longwood Development Code; made certain findings of fact regarding said amendments,
detennined the proposed changes are consistent and recommended the proposed ordinance be enacted by the
City Commission; and
WHEREAS, the City Conunission 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 TIME CITY COMMISSION OF THE CITY OF
LONGWOOID, FLORIDA, AS FOLLOWS:
SECTION 1 . The Longwood Development Code shall be Amended as follows (Words that are s* F iek e n e A are
deletions; words that are underlined are additions; Articles, Sections, Subsections and Provisions not referenced
in this ordinance are not modified):
ARTICLE 1. - GENERAL PROVISIONS
1 of 30
1 .10.0. - Definitions.
Community Garden means an area of land managed and maintained by a community or subdi vision to grow
and harvest food crops and non -food ornamental crops such as flowers. Community gardens may be divided
i nto separate plots for cultivation by one or more individuals or may be farmed collectively by members of a
group and may include common areas maintained and used by group memb Unlike parks and
pla where plantings are often ornamental and ecological community gardens emphas planting of
vegetables and agricultural crops.
Multiple unit (or multi tenant) centers A commercial or mixed -use consisting of a parcel of prop or parcel
of contiguous properties existing as a unified or coordinated project with a building or buildings housing three
or more occupants utilizing a common building entranceway or parking area but separate from a strip
commercial center.
Strip commercial center. Similar to a multiple -unit center, strip commercial centers are comm ercial u ses
consisting of a property or contiguous properties existing as a unified or coordinated project with a building or
buildings housing three or more occupants Strip commercial centers share a common parking ar and are
typically designed as one -unit deep development aligned on major thoroughfares.
ARTICLE H. e LAND USE DISTRICTS AND OVERLAY DISTRICTS
2.3.0. - Allowable oases.
2.3.9. fable 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
L = Uses allowed only as an accessory use
o = When within 600 feet of the SunRail station, use is only allowed as part of a mixed -use development
c = Allowed only in multi -unit centers
o Prohibited on properties adjacent to CR 427
2 of 30
Low Medium Neighborhood Transit Industrial Public/ Conservation
Density Density Commercial Infrll and Village Institutional
Residential Residential Mixed -Use Mixed -Use (TOD)
Overlay
Adult S
entertainment
establislunents
(5.4.5
Amphitheatre C C C
Bake shop C C A A A4 A
(retail sales
with limited on-
site production)
Bakery A A
(production)
Bars, cocktail A AO
lounge, tavern
or saloon
Bed and S S S
breakfast.
establislunent
(5.4.4)
Body shop, A
freestanding or
in conjunction
with used
vehicle sales,
vehicle service,
or vehicle
repair
Car,�vash Co
(freestanding)
Cemetery A A
Civic facilities. C C A A A C
(museum,
library, and
similar
Commercial A A4 A
Indoor
Recreation
Facilities and
Gyms
Community C A A A A
centers
Community C C C C C C C
Garden 5( 4.16)
Community S S
residential
homes (5.4.8)
Crematorium S* S'*
(5.4.18)
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
3 of N
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
Duplexes A A
(3.2.5)
Fast -food Am
restaurants
(With Drive -
Thru)
Fast Food (No A A4 A''
Drive -Thru
Financial C A A AO A
institutions (No
Drive -Thru)
Financial A
institutions
(WithDrive-
Thru)
Fleet Storage of A'r 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 Ate An
General offices, C C A A A4 A A
including
government
offices, and
excluding
medical
Govermnent 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 Ao
motels
Large -scale Cm
discount stores
Light repair A A A
(indoor)
Lodges or clubs C A A A4
(private)
Manufacturing, A A
processing,
assembly, or
fabrication
(indoor)
of 30
Manufacturuig, A
processing,
assembly, or
fabrication with
outdoor storage
or activity
Massage S S Ao
Therapy
Establishments
per P.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 A
offices and
clinics
Mini - storage A A
facilities
Multifamily A A A AO A*
dwellings
Nursery, plant C A
(5.4.15)
Nursing and S S
convalescent
care facilities
(5.4.6)
Outdoor A A A A A A
recreation
facilities
(active)
Outdoor storage S $
(5.4.11)
Package store C C A AO
(alcoholic
beverage sales)
Parking, C C PDO C C
structured with
liner buildings
Passive A A A A A A A A
recreation
facilities
Pawn Shop AO
Print shop A A AO A
(retail service
for personal or
business use,
such as
photocopy,
blueprint, laser
print, and
similar
reproduction
services, etc.)
Conunercial A
printer (offset
press,
newspaper,
book binding)
Professional C C A A AO A
services
5 of 30
Religious S S S S S.
institutions
(5.4.10)
Research A A® A
facilities
Retail facilities C A A AO A
Schools A A A A AO 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 Inf ill and Village Institutional
Residential Residential Mixed -Use Mixed -Use Overlay
Single- family A A A
dwellings
Sit-down C C A A A4 A
restaurants
Tattoo Parlor Ao
Theaters A A A A
TradeNocation A AO A
al Schools
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 5.4.3
Vehicle sales S2 S
(5.4.3)
Vehicle service Ap A
and repair
Veterinary C A A4 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)
ARTMLE M. DEVELOPMENT DE=N STANDARDS
3.2.3. Design standards for nonresidential and mixed use properties in the City of Longwood.
A. Purpose. It is the intent of the City of Longwood to enhance property development for nonresidential
6 of 30
and mixed use properties. The specific objectives are enhancement of the visual appearanl;e of
development; enhancement of landscape and streetscape; reduction of visual distraction through uniform
design for buildings and signs; provision of design standards to achieve a traditional urban character over
time; protection of adjacent residential land uses; and protection of property values.
B. Applicability. The standards of section 3.2.3 apply to all new development and redevelopment on lots
and parcels designated for nonresidential or mixed uses. Property within the Historic District shall be
subject to the regulations within the Historic District Codebook. If a conflict between a guideline a a
specific standard arises between the standards of this section and the Longwood Design Guidebook, the
more restrictive standard shall apply. rlooinn Q, iirlohnnlL Shall nnntrnl
C. Reserved.
D. Design standards.
1. The following materials shall be used as finish materials for buildings.
a. Concrete masonry with stucco.
b. Wood, painted, natural, or stained.
C. Brick.
d. "Hardie- plank" or similar siding.
e. Decorative block.
`r. Stone.
g. Vinyl siding.
The community development services director may, at "- „per c'iccret?c� accept other appropriate
finish materials consistent with the Longwood Design Guidebook or existing neighborhood
characteristics.
2. BUildiRg nnlnrC in Gluding the nn�.l�nr of nen sh,.Rn - reefis the are a G Eth--r than_ - ' .
n{�I? i ho cnfF
muted nn nFs GhGs - I f rre - th pre. - -rr ° r) nnlnr pal- -14- Th._Qon�ntar7_ � aletta
fer the City of Longwood is OR file 'R the S8NiGGs departMeRt. Geff*rate
GGIGFS may r the trim pending a ddesterrinninatien by the +tY deV f
` oniinos rli —ter_ _i
GeflaGr. nn_ may enh�.! be �m 4n 20 - GFGent Gf th Gta o
squa fGota o r,f?n�r
eR° building facade 1J Repaint. - F ex i s tii q�uildings Shull nnmply � it - the real iirement if this
,r�ertin Awnings wnings s h a ll be the trim OF nnnont nnlnr colo�rl e f�o the , h C ui i ldin • g n
Building colors including roofs, must be approved by the Community Development Se
Department and must meet the following criteria:
a. A maximum of three (3) colors (a body, trim, and accent color) may be used on the
exterior of any building excluding the color of unpainted natural stone or roof material. Color
selections must be complementary.
b. High - intensity primary colors electric neon, fluorescent, and metallic colors, and black
shall not be utilized as a body color. These colors may only be utilized as part of a corKlorate
color scheme and in this instance only as a replacement for either the trim or accent (not body)
color, and only up to 20% of the total square footage of any one building facade.
7of30
C. The Cit of Longwood Community Development Services Department ma an
optional color palette An applicant choosing from the optional palette will receive over -the-
counter approval of their paint permit.
d. Non shingle roofs shall be consistent with the color selection criteria in subsection (b).
Roof color selections shall be com lementa . Shingle roofs shall have a neutral finish.
3. €e,� LaBuildings located up to ten feet from the front property line, thS G;t�-�r� °�
Igs that have a primary facade that abuts sidewalks shall provide shelter to abutting sidewalks
by means of one of the following: arcade, colonnade, marquee, awning, porch, or second floor
balcony.
4. der bBuildings located within ten feet from the front property with
ground floor storefronts shall have transparent storefront windows that cover a minimum of 50
percent of the wall area. For buildings of 50 feet or more in frontage, doors or entrances shall be
provided at intervals of eve 50 feet or less
5. Roofs should be peaked or pitched, such as gable, hip, or barrel vaulted. Flat roofs may be
allowed with articulation. An applied mansard shall also be allowed.
6. Pedestrian areas, such as crosswalks, courtyards, drop -offs, or entry areas, slyer shall be
identified or marked through the use of stone, brick, pavers, or stamped concrete. Internal
pedestrian paths shall connect to existing GAy sidewalks trails and informal pedestrian paths
,n,G ro '+r+inlirohlra
whether existing or proposed as part of a Bicycle- Pedestrian Maste Plate �, �. rN �� N, in order
to facilitate pedestrian access to the site. Where there are multiple buildings on a parcel, sidewalks
or other appropriate pedestrian pathways shall connect the entry areas of all on -site buildings.
Nonresidential and mixed -use development adjacent to residential areas shall include pedestrian
and bicycle connections.
3.2.4. Design standards for residential infill development.
A. Applicability.
The standards of this section shall apply to residential parcels in the City of Longwood which are
designated for infill development. Infill development status may be recommended by the GAY
, im,;� Community Development Services Director if the following criteria are met:
1) The property -has a MDR or LDR land use designation.
2) The property is located in an established neighborhood.
3) The total area of the proposed development does not exceed five acres.
4) The- site will be developed in a manner compatible with the design standards of this
section.
The ^ity kmi 4s ratcr Community Development Services Director shall consider the character of the
neighborhood and the compatibility of the proposed development in his or her recommendation to
the city commission on whether to grant infill development status.
8of30
F. /administrative variances.
In recognition of the unique nature of parcels designated for infill development, the eft "� a at�r
Community Development Services Director may determine that 4a #arce waivers to the
requirements of this section are necessary to provide the best possible development scenario. If the
Community Development Services Director ci¢�,; ate,-; in,,,„st ate determines that extenuating; site
conditions exist or determines that an opportunitV to promote compact and walkable development
patterns exists he or she may make adjustments of up to 25% to setbacks, dimensions, density,
parking, access, and streetscape during the development review process.
3.3.0. a Subdivision design and layout.
3.3.1. Design standards. The layout and design of a subdivision, plat, or replat shall conform to the standards
and criteria of this LDC and shall meet the following additional requirements.
A. Blocks and lots. The lengths, widths and shapes of blocks shall be determined with regard to:
13. S ";;ot atted ses-fie d+de h - " fie -seae
lots. For residential development, all parts of a retention pond, including slopes and berms, shall be
constructed entirely within a dedicated tract or within a dedicated easement to ensure the per )etual
maintenance of the retention area
D. Utilities.
3. Utility apparatus, such as pumps, valve boxes, switching boxes, backflow devices, but not including
telephone or utility poles, placed above ground shall be fully screened by landscaping of a sufficient heir h� t to
hide the apparatus from view
3.5.3. General landscaping requirements.
A. [Intent.] It is the intent of the City of Longwood to maintain and improve the appearance of the city, to
protect and improve property values, and to establish an integrated system of landscaping for all
multifamily residential and all nonresidential development sites.
1. In no case shall any development or redevelopment site within the City of Longwood contain
fewer than ten trees per acre located throughout the site. These existing or newly planted trees may
be located within the required buffer, the perimeter of the site, or interior landscaped areas.
2. An irrigation system, capable of ensuring the establishment and continued growth of the plant
materials specified in the landscape plan, shall be constructed within any required landscape areas.
3 Landscape plans shall be prepared by a landscape architect, or professional enc i� neer
registered in the State of Florida. A landscape plan shall be submitted with the development
application The CommunitV Development Services Director may waive or modifV this requirement in
cases where an approved code compliant and fully implemented landscape plan is on file wi the
9 of 30
City.
B. Front perimeter landscape areas. A minimum of a ten -foot wide landscape strip aPa-rt# adiaceni to
the front property line (except in permitted accessways) shall be provided. 1 -Mated between -thee
v.rnn�� �i lines �v+A the ve N- -ular I se aroma `private _,A -;,_ I chnll hc� I +nrls.....l 9- -II nG nr nnnc4rl lnfi�_ the
^eN¢ ;n Porrritted aG_8ssway -s_ Width of sidewalks shall not be included within the ten -foot wide front
setback perimeter landscape area. The re red perimeter !aR ds --- area may be part of and in , h , r 4 L -d in
any rervlllre d hl ,ffer for the s ivTth�rnrtl ,a „rr;.nr dT sr�eoinl lJesign standards �nnl�i (cen t;, Z 7,
1/� /here n rLinn rn li ho Inn,ferd irl c ;iJe nr re r 4 s and bH ;Irlinras m h sic Bern front r,rrl set6N
these ,it. ati ^n°, For new construction, with a zero front yard setback, a front perimeter landscape area
shall not be required however, street trees at 30' on center must be provided 1= GW -�rer, w re the-
nrnnns to he c�+�th,^ r�n� f .e_ nrl�., r�n r+ L } . e be4N- the
bu ild i ng a nd the front- pmperyline.
1. Plant material Th-e A front perimeter landscape area of Buffer A is required. total
e t c h, I �(' z�� rr T Cn nn-v by
using a rratie of A -Re tree - fo - - - - - - -h - 35 flnaar feet Gf let Iron -tage ,-vi n�no�fi�theFeef with F(1
pe�cn of the trees- being shade-treE— Canopy trees shall not be installed so as to interfere with
dire,t'Y and 4 power .lines. if site conditions do not allow for the installation .. of canopy trees in the
front perimeter landscape areas the Community Development Services director may allow a
substitution of canopy trees with smaller trees. Spacing guidelines from the University of Florida of
Extension Services should be followed. The tree count is based on installing "small" or "medium"
trees (based on Extension Services guidelines). Where "large" trees are used, one large tree may be
used instead of required trees.
2. Ground cover: Grass or other ground cover shall be placed on all areas within the front, and
other landscape areas not occupied by landscape material.
C. Parking lot landscaping. Parking lots for all new development and all redevelopment that is a change
of use or an expansion of an existing use that generates a need for additional parking and requires
additional parking areas to support the use shall provide landscaping for the parking lot. The landscaping
for a parking lot is based on a performance standard as follows.
Of) nernent n �iehinl11 he sh / T real lire rJ front verimotr�r
tIT�v LTl�'RTiTV QTIiZi Ol���� TCJLTI�( ITItr IL�GtTL�TtilTl� TT fV - tiL - T j
bUffe" a nd interior I,ndSGape are shall - be planted with t rees ,SUffiGiSnt _1 B sh ade
20 ner,ent of the tntol vehiGular use areas
1. Landscape plans shall be prepared by a landscape architect, or professional engineer
registered in the State of Florida. A landscape plan shall be submitted with the development
application, and shall provide SUffiGi8Rt iRfbrmatien to demeRstrate that r required shading-w4l_�
prey -d-:
3 2. Paved areas under structures (such as second stories of buildings, canopies, etc.) may be
deducted from the total paved area to be shaded.
4- 3. When shade trees are planted on the perimeter of a parking area, they must be planted no
closer than five feet and no farther than nine feet from the edge of the pavement, and must provide
shade to either the parking area, the primary structure or an adjacent pedestrian area. If an existing
tree is used to fulfill shading requirements, it should be in the vehicular use area, or within nine feet
of the vehicular use area.
4. Ten percent of the total parking lot area shall consist of internal landscape islands. There shall
be one tree required per 300 square feet of internal landscape areas. Landscape island minimum
10 of 30
width dimensions shall conform to the minimum planting area and planting strip width requirements
described in section 3.5.4.C.
&-. 5. Preservation of existing trees or tree groupings is encouraged to meet, t Fequi ��44G
sharlinn n$ harking Ints
�n - �i
7- 6. Vehicle stops or curbing shall be used to ensure that vehicles do not overhang required
landscaped areas. Vehicle stops are required where the curb is immediately adjacent to sidewa
& 7. Parking areas shall be designed so that no more than ten spaces occur in an unbroken row.
-9 8. Portions of a development area left in the natural state shall be credited toward the parking lot
landscaping requirement, and the shading requirement_. LIP - n -n^ �a i ten perGeRt e f the
r ic fa I- cr ra revc2r� - v - a r rcu � -
40: 9.Parking lots should be located to the side and rear of buildings where possible. Pis New
development with parking in front shall provide additional landscaping 50 percent above the required
landscape buffer.
3.6.9. Parking space requirements.
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 striped, ADA complaint handicap spaces shall
be provided, and the parking lot shall otherwise be brought into compliance with this Code to the
maximum extent practicable.
2. All parking lots shall provide landscaping as required in section 3.5.3.
3. Aisles r and iFG 4 vrn�rtio n i a s-har l -h paved; however, spaC� - S i 6i"c h ^ ese tNa are
may remain 4 her �itili�ing semi_p81 _ [:� S-GaF� EIGeS _as approve y the Gernri aii. Development ServiG8S D and based upen a parking analysis as dG6Gribed iR 3.6.9
approve ���..,,�
Driveways an aisles; shall be fully paved, and whe er a parking let abuts a paved
t yy . -the
�rivnar la2diR9 $ram S Ush Street to SUGh narking lot shall he natrerl In irnnrn rerl parkin
parking sew ne shall he dem rSnted her wheel stops or ether similar Q�_QeVir�.Ges.
Aisles driveways loading areas and access, circulation areas, parking spaces located in front of
buildings and areas subject to ADA regulation shall be paved on all properties. Parking spaces
located to the side and rear of a building may be paved through the use of "eco pavers" or like semi -
pervious paving materials that are determined by the City Engineer to be substantially similar to the
durability of asphalt paving "Eco pavers" used in this manner must be properly mainti!ined,
stabilized and otherwise kept neat and orderly in appearance. Parking spaces installed in excess of
what is required are utilize eco pavers or semi - pervious paving materials.
4. All parking areas shall be used for parking only, with no vehicle sales or other sales activity,
storage, nonemergency repairs, or other similar sales, s �, or service uses conducted in
designated parking areas. Seasonal sales, such as Christmas trees, and other approved uses may
be allowable, subject to obtaining a temporary use permit.
11 of 30
5. A church or other similar institutional use without daily parking needs may be allowed to leave
all parking spaces beyond those which are required unpaved_ 9t"er, than - theses - spa^, Reeded on -a
daily basis SUGh acr�r�rrn ve' c. ° r �v hor� n�r�l��I c f r� nr n}hor doily om�l��� s'. Th e app4 c_ant
W Shinn to any er all I Good -ments shall ci innh� Parking analysis. The design of the
unpaved spaces shall not have a detrimental effect due to erosion, reduced air or water quality, or
other significant degradation of the natural or built environment. In no case, however, shall the
unpaved parking area be calculated as a minimum required buffer, open space area or retention
area.
3.6.4. Shared parking reduction.
A. On -site shared parking. Parking space requirements may be reduced or waived up to 20 percent by
the community development services director based upon a mixed use, multiple tenant establishment,
shopping center, or joint use of two or more adjacent or adjoining uses that are not separated by a road
The property owner shall provide the following information to support a request for reduction or waiver of
otherwise required parking and shall meet the following standards in addition to other applicable City
standards: -
1. erg ism e sr rye no„ _ d ri no �,� n + ^ � f pa f�� Qf kt�
d� el e n4r - n ay - m v�� e r -- a - n
ens i an safe p z e- .d- shia.. - n c 4 rriT- �rrv�'. t��{�R the park an d s - the
2- 1. The hours of maximum (peak) parking demand of the respective developments do not normally
overlap.
2. Where more than one owner is present. A a cross - access and cross - parking agreement, in
recordable form acceptable to the city, shall be executed by the owners of developments involved.
Said agreement shall guarantee the joint use of a specified number of parking spaces and shall be
approved by the Community Development Services Director a dministrater .
4- 3. The development is a multi - tenant or mixed -use development.
B. Off -site shared parking. On -site P-parking space requirements may be reduced- epmaived b y
( flovcalnnm ran+ 9- R -S rlirr�n4nr booed upon the availability of �n by utilizing an off -site and
noncontiguous parking facility or parking lot upon review by the Community Development Services
Director The property owner shall provide the following information to support a request for reduction or
waiver of otherwise required parking and shall meet the following standards in addition to other
applicable Citv standards:
1. • The availability of the off -site parking areas must be guaranteed in perpetuity, by virtue of
common ownership with the primary site, recorded easements, or other binding agreements
acceptable to the city.
2. The off -site parking areas must be located within convenient walking distance of no more than
300 feet ( mere than 150 foot) of the primary access to the use to be served site, said di t
nrni in4n 4hr� nnrLinn nrnn 4n the
.. - ay �i crr. �u� m7��av cry - n - ac
e RtraRGe dr #18 P,;—,-,
3. 3. The off -site parking areas shall be clearly delineated and consistent with the City's
requirements for parking spaces in LDC 3.6.1
12 of 30
4. The primary development site, independent of off-site parking areas, shall meet all applicable
development standards of this LDC, with the exception of minimum parking requirements.
ARTICLE V. - SUPPLEMENTAL STANDARDS
5.3.0. o Accessory structures.
A. [Intent) It is the intent of this section to regulate the installation,, configuration, and use of accessory
structures, and the conduct of accessory uses, in order to ensure that they are not harmful either aesthetically
or physically to residents and surrounding areas.
B. Generally. Any number of different accessory structures may be located on a parcel, provided that the
following requirements are met:
1. An accessory structure may be located on a site where the principal structure is nonconforming due
to setback, provided that the accessory structure does not increase the nonconformity.
2. All accessory uses, buildings, and structures shall be located on the same lot as the principal use,
shall directly serve the principal use or structure and be clearly subordinate in area, extent, and pur pose
and clearlV incidental to the principal use or structure.
3. Accessory uses, other than fences located in compliance with the requirements of section 5.3.3,
shall not be located in any required setback, buffer area, parking, or stormwater management area.
4. An accessory use shall meet all site design requirements for the land use district in which it is
located, including, but not limited to, height, setback, impervious surface, or location, except as otherwise
noted below. Fences may be located on or inside the property line.
5.3.9. Swimming pools.
A. Where the swimming pool, hot tub, etc. is not located within a screen or other enclosure, a - rence
shall be required, consistent with the Florida Building Code. Pools, hot tubs, and similar uses shall not be
located in public easements or rights -of- =way unless written permission is provided from the entity with
authority over the easement or right -of -way
B. An enclosure of a swimming pool, hot tub, or similar use, whether attached or detached from the
principal building, shall meet all required front and side setbacks for the land use district in which it is
located. The rear setback shall not be less than seven feet.
C. Swimming pools in operation within the City of Longwood shall be maintained in good working order
at all times. This includes, but is not limited to maintaining an operational pump to circulate the water and
proper maintenance of chemical levels within the pool to prevent the accumulation of algae and debris.
D. Refer to swimming pool setbacks in section 3.2.1 { - fgj of this Land Development :;ode.
13 of 30
5.3.3. Fences.
F. Allowable fence materials shall include aluminum, treated wood, masonry, wrought iron, and vinyl.
Chain link fencing is only allowed in the following situations:
1. When enclosing retention ponds located in rear yards or telecommunication towers. If chain link
is used in this manner, it must be black or green vinyl chain link, no taller than eight feet, and
screened from view by a landscape buffer A. L^n 4svapiag or opaque perimeter 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 and to enclose storage areas on
industrial properties that are adiacent to other industrial properties. when G #a +P "'lv f °n^° '^
Chain link fencing used in this manner must be either
green or black vinyl coated and must be separated from adjacent properties by a landscape
buffer A.
3. As temporary fencing for construction sites, special events, temporary uses, as provided for by
this Development Code.
4. As a-R a one -time extension of up to 20% the length of an existing, legally non- conforming fence
to comply with the Florida Building Code as it relates to enclosing pool areas.
5 To enclose permitted ballfields play areas and other recreational uses as well as com munit y
gardens on institutional properties (government church school). Chain link fence in this
manner may not be used to fence the perimeter of a property, and must be at least 20 feet fro
the property line and be screened with landscaping Chain link fencing used in this mann
must be either green or black vinyl coated and must be separated from adjacent properties by a
landscape bufferyard A.
5.3.4. Sheds and storage buildings.
A. Any number of sheds or storage buildings may be allowed, subject to full compliance with the
standards of this section.
B. Sheds and storage buildings shall not encroach into any required setback.
C. Sheds and storage buildings shall not be located within any easement, unless written permission is
provided from the entity with authority over the easement or right -of -way
D. Sheds and storage buildings shall be included in any calculations of impervious surface on the site.
The total of all impervious surfaces on the site, including any sheds and storage buildings, shall not
exceed the maximum impervious surface standard established for the land use district.
5.3.6. Portable temporary storage units.
Portable temporary storage units shall be allowed on properties within the city
permit, subject to the following requirements:
14 of 3.0
A. Each portable temporary storage unit (PTSU) shall not exceed nine feet in width, 16 feet in
length, and ten feet in height.
B. The PTSU shall remain on the property no longer than 30 days for each stay including the days
of delivery and removal. Multiple units may be utilized, provided all of the units are delivered and
removed simultaneously. A minimum of 90 days shall elapse between stays.
C. In the case of a residential use, the PTSU shall be placed in an existing driveway serving the
property, a side yard or rear yard. The PTSU shall not occupy a front yard or a side yard functioning
as a front yard unless placed on an existing driveway. No minimum setbacks are required, but in no
case shall the PTSU block or encroach upon sidewalks, public or private rights -of -way, or other
properties, or obstruct motorist visibility.
D. In the case of commercial or industrial use, the PTSU may occupy parking spaces or loading
areas assigned or owned by the business tenant or property owner subject to approval by the city.
E. PTSUs shall be allowed an extended stay of more than 30 days on residential properties in
connection with a permit for construction activity. The PTSU may remain on the property for the
duration of the construction activity but must be removed prior to the issue of a certificaS:e of
occupancy, or if the construction activity otherwise ceases. The placement of the PTSU shall be
determined during the construction permit review.
F. Extended stays on commercial or industrial property will require a temporary use permit unless
part of a previously approved site development plan.
5.4.3. Vehicle sales or rental facilities.
A. Location of Vehicle Sales and (dental Facilities.
1. No such use shall be located within 50 feet of any property that is designated for residential
land use or is being used for residential purposes.
2. Vehicle sales facilities shall not be located in multi - tenant ce nters or strip commercial cer
u the facility is in the form of vehicle showroom and no vehicles are displayed outs of
the showroom.
J. All outside storage and loading areas shall be screened from view from adjacent properties w ith a
landscap buffer one classification higher than is required in section 3.5.2, b uffers required, (i .e., if
buffer A is identified then a bufferyard B would be required for out door storage_
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
15 of 30
commercial building_ rte, at- pie{s€ri�e�i� „zT„z a� -„ „ �L sa -az The
outdoor storage yard area associated with a commercial use sip s shall be no larger than 30 percent of
crn�i�r� fnn4orYC� Tho �Iln�ni�hl ° C-F$'��, t`�-0v��� + "_ 1 -r�v °— cc'-
the floor area of that use. b-u ��m . �,�H -_w-b n t �
°— Outdoor
storage for industrial uses within the Industrial District are allowed in the rear yard in an amount no larger
than 25% of the property, provided that all required landscape buffers and screening and walls are
provided. Outdoor storage is allowed in the side yards of parcels designated for industrial when used
and e n'y4T, 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. A GGurnul at i w of adjace°� sterage p ard area is strir. y
P rn h��P,i,4L_ed-.-
B. Outdoor storage areas shall be screened from adjacent residential or historic uses by a masonry
wall. Outdoor storage areas adjacent to other land uses shall require a landscape buffer one classification
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.
5.4.94. 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.
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, restaurants with outdoor seating must cease
outdoor dining operations at 9 P.M. when located within 300 feet of a residential use.
D. Proposed outdoor seating areas associated with a stand -alone restaurant must include an
aluminum picket or other decorative fence, or barricade, that is significant enough to demarcate
and contain the outdoor seating area.
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.
{- I
F . v--t nr co aat i ng - d te - t��all- 1�i'C —se t, v�J f.4'r s#�v - 91 - thti
p+e-pe#y-. Tables, chairs, umbrellas, canopies, awnings and any other items used in connection
16 of 30
with an outdoor seating area shall be of uniform design visually consistent with the building
color, made of quality materials and workmanship and maintained with a clean and attractive
appearance and kept in good repair, to ensure the safety and convenience of users and
enhance the visual quality of the area.
G. Outdoor seating areas must be contiguous to the business on a paved or semi - pervious
surface; and 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.
I Outdoor seating areas may include a walk -up window as part of the outdoor seating applic ation,
provided that the window cannot be accessed by vehicle traffic.
J The parking generation for outdoor seating will be calculated at 20% of the amount of p� irkin
required for indoor seating.
5.4.16. Community Gardens
C. The Community Garden must " a be enclosed with a fence that meets the
following specifications:
1. The fence must be at 4ea-st 5 feet tall. b, t � f e� afl-.
2. Chain lint: fence is permitted to enclose a community garden consistent with LDC
5.3.3, but is not permitted in the Downtown Historic District
3. At least one lockable access gate must be identified.
6.9.4. Definitions.
17 of 30
�p Ir�_nni$ nr�n4r�rs• A sern il
merna r ise ot her rn_�i. -!.. n� il4i irol nnncictinn of o n- nol
t7f cn�rc - �. - m��-ar - cr� any �{�t th �- �{�c�riacrrz�a , r�co�r�r�m�Pi.1�. - . - - r
of wrnnorty nr G of nnn4ini rni s nnov ovis4iwn os r, r inifio� nr niinrrlino4o 4 wrninn4 %nri4h hi iilr4inry nr
- -w .. --- p. v�� - iZr �� u ni fi e d
hiilrliwns
Mu sing three er rnnre a- +o 110 ry nnrnt�n�.b., ;1ui — n — n 4r� r nr worLinn area.
6.3.2. Exempt signs. Signs of the following categories and the listed operations pertaining to signs
shall not require the issuance of permits provided such signs and operations conform with provisions
contained herein and to all other building, structural, and electrical standards and regulations of the
City of Longwood.
CJ. Public announcement or public information signage when erected or approved by the City of Longwood
6.4.0. a Permitted permanent on - sate signs.
6.4.9. Sign types and material allowed.
A. A permanent sign may be a monument sign or building sign as an accessory structure to a non -
residential use as allowed by this Code.
B. All signs must be weatherproof and must be made of durable materials so as not to become a
hazard due to disrepair, damage or inclement weather.
C. 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 rp incipal buildings on the site.
D. The base of anV monument sign must be at least 100% and no more than 125% of the width of
the sign and made of brick, decorative block, stone or an alternative material that is of like
quality, has the appearance of and functions like one of these.
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 IND 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.
a. Permitted building signs. Building signs are allowed on each building fagade associated
with the primary use. Up to one square foot of signage per linear foot of building fagade
may be erected on the corresponding building fagade, up to a total of 200 SF of building
signs per building facade 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.
1.8 of 30
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. Monument signs are
allowed an external support structure excluding the base, in the amount of 25 % of the
allowable signage area, though height restrictions still apply.
c. Entrance wall sign. Entrance wall signs shall be permitted for the purpose of identify a
development. Entrance wall signs shall be no taller than 4 feet, shall display only the
name and address of the development and shall be attached to a wall or similar p roject
identification feature located at or within 100 feet of the entrance to a developmen All
signage of this type shall count to the total determined under subsection (a).
2. One changeable copy sign or electronic message center (EMC) not to exceed 24 squaro feet
may be included on the primary sign structure or building but not included as part of the overall
allowable signage square feet. When this sign has been allowed, portable signs shall be prohibited
on the site. F '' ^`
3. r u- r e_�9l'4 c+h�ll I^„� determi a3 - bole — s, 15--feet, rrvaide yis;bgity ensure _Re r+hc � n"uciic %=C (
passing tra fir Sign height is limited to 15 feet as determined under LDC 6.1.5. E.
4. Any special sign regulations adopted, as part of the historic land use district regulations shall
override these regulations.
6.4.4. Specially regulated signs.
H nnU i �;��{G6 , - , , i ���6imite d to s¢rl; ^01111, 1 �,�� ; Stri[o Commercial Centers.
1. A master sign plan pursuant to Section 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 deti:Ailing
how the development will be brought into compliance as existing signs are replaced or new
business signs are erected.
2. 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 fapade 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.
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
fapade associated with that business.
3. One monument sign is allowed per street frontage. Total monument signage shall not
19 of 30
exceed 150 SF.
4. Monument signs shall not exceed a height of 1`5 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.
6 A//iSGeganeo c. de iivn t J�riJ�
A. Sig �tFtt��� re7 ti rl 11-1 ,t tnn4 ° ... �, i, a4rall h°
- r an
vT �cm - sic
-- ate wi the sty rnln cvr I , mate rial, and f; ; i k ^ f - i�'rre {titi�r -, ° sizes-
Q - f : - : ° i ' �a f iTy f" eC' r c
y'� wi °
, �i�d i east 4.,A, r - 3Iy 4 � �tk
s�r n— � r I r - d - c 'r tE e PIGGI, 3t1 °, v��n� uiz - G�rG�c�i�rE Eiia��� v¢ I h�� °lifi - tA -
appeaFanGe
ARTML E Duo o HARDSHW REUEF
9.1.0. a Nonconforming uses /structures.
9.1.1. Nonconforming uses. Non- conforming uses shall mean and refer to those uses of real property
and the characteristics of such uses that were lawful prior to the adoption of the Longwood
Development Code or any subsequent amendments thereto, but are, at present, prohibited or
otherwise further restricted under the current Longwood Development Code. The intent of this section
is to permit, but not encourage, such non- conforming uses to continue until such uses are removed
as required by this section. A nonconforming use may continue so long as such use remains lawful
outside the context of the Longwood Development Code and compliance with the following provisions
is maintained:
1. Enlargement increase, intensification, alteration. A nonconforming use shall not be
enlarged, intensified, increased, or extended to occupy a greater area of land or water than was
occupied at the time of the city's adoption or amendment of the applicable Longwood
Development Code prohibition, regulation, or restriction. This section shall not be interpreted to
prohibit a nonconforming use from being reduced in intensity, size or scope; however, once such
nonconforming use is reduced, intensification or reexpansion beyond such reduced scope shall
not be permitted beyond what is currently provided for in the Longwood Development Code, the
ultimate goal of this section being to phase out nonconforming uses over time.
2. Relocation. A nonconforming use shall not be moved or otherwise relocated, in whole or in
20 of 30
part, to any portion of a lot or parcel other than that which was occupied by such use at the time
of the city's adoption or amendment of the applicable Longwood Development Code prohibition,
regulation, or restriction.
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 shell be
determined by any of the following: if the business relocates, if there is an interruption in utility
service, a failure to pay applicable business taxes or the expiration of a business tax receip 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. In determining the date of discontinuance, the date of the first indication of
abandonment shall be relied upon. A non - conforming use shall also be considered t o be
abandoned if a legal use moves in. 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.
4. Subdivision and additional structures. No real property upon which a nonconforming use
currently exists shall be subdivided, nor shall any structures be added to such property, except
for those purposes and in a manner conforming to all provisions of the Longwood Development
Code for the district in which the property is located.
5. Change in tenancy or ownership. There may be a change 'in tenancy, ownership or
management of a nonconforming use, provided there is no change in the nature, character, or
intensity of the nonconforming use.
9.1.2. Nonconforming structures. Nonconforming structures shall mean and refer to lots, structures or
elements of a structure., including, but not limited to, siding materials, roof types, fences, facades or
facade treatments that were lawful prior to the adoption of the Longwood Development Code or any
amendments thereto, but are, at present, prohibited or otherwise further regulated or restricted sunder
the terms of the current Longwood Development Code. The intent of this section is to permit, but not
encourage, such nonconforming structures to continue until such structures are removed as required
by this section. A nonconforming structure may be continued so long as such structure remains
otherwise lawful outside the context of the Longwood Development Code and compliance with the
following provisions is maintained:
1. Destruction. A nonconforming structure that is destroyed or demolished by any means so as
to require substantial improvements) shall not be reconstructed unless such structure is
constructed or otherwise reconstructed in conformity with all extant provisions of the Longwood
Development Code. For the purposes of this section 9.0.0 and all subsections thereunder,
"substantial improvement" shall mean and refer to any repair, reconstruction, renovation,
rehabilitation, addition, expansion, or other improvement of a structure, the cumulative cost of
which equals or exceeds 50 percent of the fair market value of the structure either at the time just
before the commencement of such improvement; or, if the structure has been damaged and is
being restored, at the time just before the damage occurred. Fair market value shell be
determined for the year in which a substantial improvement is commenced by reference 'o the
21 . of 30
official tax assessment rolls for that year or by an appraisal by a qualified independent appraiser.
The extent of any such damage shall be determined by the building official, in consultation with
the community development services director, by comparing the estimated cost of repairs or
restoration with the fair market value. The cost of repeated improvements to a nonconforming
structure, which improvements are implemented incrementally over any period of time since the
effective date of this development code, shall be combined to determine whether the substantial
improvement threshold has been reached.
2. Enlargement or extensions to nonconforming structures. Nonconforming structures used in
a manner conforming to the provisions of the Longwood Development Code may be enlarged or
extended without regard to substantial improvement thresholds, provided that such enlargement
or extension does not aggravate, increase or exacerbate an existing structural nonconformity.
9.9.3. Repeated expansions of a development, constructed over any period of time commencing with
the effective date of this development code, shall be combined in determining whether this threshold
has been reached.
Special provisions for nonconforming stormwater management facilities. An existing development that
does not comply with the stormwater management requirements of this code must be brought into fall
compliance when the use of the development is intensified, resulting in an increase in stormwater
runoff or added concentration of pollution in the runoff. ,
9.9.4. 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, loft 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 development code.
3. Nonconforming lots of record may not be built upon except as set forth in [subsections] 1
and 2 above.
9.9.5. Special provisions for non - conforming parking lot design, 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 practicable pfaGtda.4 as determined by the community development director. If a proposed use
increases the amount of required parking spaces in a manner that the site cannot support, and the
increased parking demand cannot be mitigated as described in Article III, the maximum extent
practicable language does not apply.
22 of 30
9.2.0. a Variances.
9.2.1. Generally.
A. Granted by board of adjustment. The board' of adjustment may grant a variance from the strict
application of any provision of this code, except provisions in article II (Land Use) Section 6.1.6 ( Non -
conforminq signs) and article VII (Concurrency Management), article IX (Hardship Relief), and article X
(Administration) if the following procedures are followed and findings made.
9.2.2. Limitations on granting variances.
A. Initial determination. The board of adjustment shall first determine whether the need for the
proposed variance arises out of the physical surroundings, shape, topographical condition, or other
physical or environmental conditions that are unique to the specific property involved. If so, the board
shall make the following required findings based on the granting of the variance for that site alone. If,
however, the condition is common to numerous sites so that requests for similar variances are likely to be
received, the board shall make the required findings based on the cumulative effect of granting the
variance to all who may apply.
B. Required findings. The board of adjustment shall not vary the requirements of any provision of this
development code unless it makes a positive finding, based on substantial competent evidence, on each
of the following:
1. There are practical or economic difficulties in carrying out the strict letter of the regulation.
2. The variance request is not based exclusively upon a desire to reduce the cost of developing
the site.
3. The proposed variance will not substantially increase congestion on surrounding public streets,
the danger of fire, or other hazard to the public.
4. The proposed variance will not substantially diminish property values in, nor alter the essential
character of, the area surrounding the site.
5. The effect of the proposed variance is in harmony with the general intent of this development
code and the specific intent of the relevant subject area(s) of the development code.
C. Imposition of conditions. In granting a variance, the board of adjustment may impose such conditions
and restrictions upon the premises benefited by a variance as may be necessary to allow a positive
finding to be made on any of the foregoing factors, or to minimize the injurious effect of the variance.
D. Self - imposed hardships. Any structure that 'is placed improperly on the property without a permit is
not eligible to apply for a variance. A property that is subject to a current Code Violation may not apr for
a variance until the violation is resolved.
E. Historic district variances. 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 variance matter pursuant to the procedures in section 10. 13.0 of this article to
determine whether request is consistent with the required findings of LDC 9.2.2 (B)
23 of 30
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 a site 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.
9.2.4. Administrative waivers.
y rr
A. Applicability. Specified site design requirements may be modified by the community development
services director, subject to the criteria in this section 9.2.4. 9-�* tThe following specified site design
requirements may be modified by administrative waiver wp :
1. Front perimeter landscape area (3.5.3.B.).
2. Trei Go in Trent p erimeter lagds^apc area X3~ Landscape buffers (3.5.2)
3. ShadiRg Gf'vehiGUIaF Use area
4 Parking ratio (3.6.1.A. and B.).
5-.4. Setbacks (dimensional standard) (3.2.1).
@-.5. Impervious surface ratio (3.2.1).
B. Eligibility. iC Y�NII�C +o ! Chin �^ eL�T�t
le ast- 42 The Community Development Services Director shall consider the
following criteria to determine whether a waiver request shall be approved:
1. The situation giving rise to the need for waiver „ an - Ge is preexisting and was created by the
original plat or by the street location; the existence of the situation creates practical difficulties for
development.
2. There are existing histoYin Or- °RtUFY trees or other natural areas that will be damaged or
destroyed in order to meet the site design criteria.
3. There are preexisting, unique physical characteristics of the development site that create
practical difficulties for development.
4. The varianGe waiver will better enable the site to accommodate multimodal facilities.
5 The waiver will allow for a more energy - efficient project design.
6 The waiver allows the development to better incorporate existing buildings trees top ographic
features or other existing elements
7 The waiver allows for the provision of urban open space seating fountains accent landsca
or other similar urban pedestrian amenities
C. Waivers. VgdQno
1. VaT�: Waivers may be granted to dimension and area, a ii 4faGGe r
requirements to reduce the standard by not-more than 20 percent.
2 V . s Waivers may be granted to the parking ratio to reduce the parking requirement by up
24 of 30
to 20 percent.
3. Waivers to the impervious surface ratio up to 20% may be granted. In this instance, a
professional engineer will need to provide sufficient information to determine that the waiver will not
create a significant negative impact on drainage.
D. Procedure.
1. Proposed waiver va4apGes must be clearly identified on the site plan and listed in an
accompanying explanation. The written explanation should identify the applicable code requimment
4 the justification for the waiver „ ^r paTCc - e, and the amount of waiver Va„� „aRGe requested.
2. In approving the site plan, the community development services director shall specifically note
the vre -aRs,-& waivers that are granted.
3. When requesting an administrative waiver, the property owner shall notify all adjacent property
owners of the proposed request in a form approved by the Community Development Services
Department Should the Community Development Services Director determine that the impacts or
the exception go beyond the adjacent property owners, the applicant shall provide notice pursuant to
all property owners within 300 feet of any boundary of the subject parcel as shown on the Seminole
County Property Appraiser records and any affected property owners' association registere with
the department.
4 The Community Development Services Director shall make no decision regarding the Viaiver
until after the applicant provides sufficient documentation that all applicable property owners have
been notified and given sufficient time to respond.
5 In granting a waiver the Community Development Services Director may impose such
conditions and restrictions upon the premises benefited by a variance as may be necessary to allow
a positive finding to be made on any of the foregoing factors, or to minimize the injurious effect of the
variance.
6. Any structure that is placed improperly on the property without a permit is not eligible to apply
for a waiver. A property that is subject to a current Code Violation. may not apply for a waiver until
the violation is resolved.
7 A granted waiver shall expire one year after the date of the Community Development Services
Director's decision unless such waiver is included as part of a site plan or construction permit that is
approved during this one -near period at which point the waiver is valid for the duration of the site
plan or construction permit, whichever is longer.
ARTICLE E X. - ADMINISTRATIO
90.0.2. Definitions.
A. Development activity. Any of the following activities:
1. Construction, clearing, filling, excavating, grading, altering the grade, paving, dredging, mining,
25 of 30
drilling or otherwise significantly disturbing or altering the soil of a site.
2. Building, installing, enlarging, replacing or substantially restoring a structure, impervious
surface, or water management system, and including the storage of materials.
3. Dividing land into two or more parcels.
4. A tree removal for which authorization is required under this development code.
5. Erection of a permanent sign unless expressly exempted by section 6.3.2 of this development
code.
6. Alteration of a historic property for which authorization is required under this development code.
7. Changing the use of a site in a manner that results in the addition of parking spaces that
involves an increase in impervious surface arfre^ +c F6G i w4
8. Construction, elimination or alteration of a driveway onto ap street.
9. Any other activity for which a permit is required pursuant to any construction code (building,
electrical, plumbing, etc.) adopted by the City of Longwood.
10.2.0. e Site developnnent
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 shall be provided. For
all other development, the following information shall accompany the application and be prepared by a
professional engineer where relevant to the proposed development unless waived by the community
development services director:
SECTION 2 : The Longwood Design Guidebook shall be Amended as follows (Words that are st4eken-eut are
deletions; words that are underlined are additions; Articles, Sections, Subsections and Provisions not referenced
in this ordinance are not modified):
Design Guidebook Page v
- tl- tl- EierT° c- c-., vr" ifiiv¢ �3c °- cs- R °ccsop ° -��+°. 'YdMrrlo� { nnr 4hi� (`iirl g wand - - pre- , v is i - -- Longp.v
Pl°v gi r �e - 44e st f th Gu �rior�i 'cntr
If a conflict between a guideline and a specific standard arises between the standards of this section
and the Longwood Design Guidebook, the more restrictive standard shall apply.
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 Services Director Giti Adm ;. ^ d° e.
Design Guidebook Page 12
26 of 30
GENERAL NOTES
1) To conserve water, consider basic xeriscape principles to greatest extent possible by incorporating
xeriscape principles in major landscaped areas. Longwood Land Development Code Article: III
requires rain gauges on all automatic irrigation systems.
2) All landscape plans shall be submitted with development plans and shall be prepared by a
registered Landscape Architect.
3) All landscape plans shall include close coordination with Longwood regarding the undergrounding
of utilities to avoid conflicts with trees and sub -grade materials.
4) The trees shown on this page may be used to satisfy the Landscaping reguirements in Article III of
the Longwood Development Code.
All References
In all references throughout the Guidebook, any reference which directs the applicant to the Comprehensive
Plan for Impei`vious Surface Ratios shall be amended to direct the applicant to the Longwood Development
Code.
SECTION 3 : The Historic District Code Book shall be Amended as follows (Words that are are
deletions; words that are underlined are additions; Articles, Sections, Subsections and Provisions not referenced
in this ordinance are not modified):
)historic District Code ]hook Page 1.2
Activity Use Civic Mixed -Use Storefront
Other
Community Garden X X X
Community Gardens
A. As part of the site plan required as part of an application for a conditional use, an applicant o or a
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 h ose
bib(s) and the garden planting areas and any areas provided for parking or loading.
B. Community gardens shall have a minimum 3 -foot -wide clearer marked entrance path from the
27 of 30
sidewalk to the arg den.
C The Community Garden must be enclosed with a fence that meets the following specifications:
1. The fence must be 5 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 AnV 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.
N As a condition of approval the Community Development Services Director maV impose such
conditions as to ensure compliance with this Historic District Code Book or to mitigate adverse
impacts to neighboring properties or right- of -waV.
Add sentence to "Lot Layout Zones and Setbacks" Graphic:
The di %pensions depicted o tn t>i�is dia�ratn are for illustrative �gaxrnoses only.
Page 1.4 — Garages and IlDrivevvays
To encourage parking on the side and rear of buildings, two adjacent lots may share a single driveway access,
subject to a recorded access agreement or deed restriction in a form acceptable to the City Attorney ff-tv��
af€te shafe a singl dri veway, evAe s id e ya rd otbaek���
an a nd_d_it;AnR ,
isna�f+% feet per lot fbi= the s hared ., .., J .
Longwood Historic District Code Book, Pagel.4
Mixed-Use Lots
SETBACK GUIDELINES
Side Yard Setback:
Primary Building: lain. °=5''
28 of 30
Pag 3.18 — Walls
Stucco finish for the body of the structure shall be allowed with the Craftsman/Bungalow and Commercial
Florida Vernacular Styles only and shall be a blown stucco finish.
SECTION 4 : CONFLICTS. If any ordinance or part thereof is in conflict herewith, this Ordinance shall
control to the extent of the conflict.
SECTION 5 : CODIFICATION. Sections 1, 2, and 3 of this Ordinance shall be codified; that such sections
may be renumbered or relettered to accomplish the intent of this Ordinance.
SECTION 6: 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 7: This Ordinance shall take effect immediately upon its adoption.
LAND PLANNING AGENCY HEARING: On C/O�ef 1" 2-,!
(FIRST READING: 7, - z o �
SECOND READING AND ADOPTION: [� aVeMIL el 2
PASSED AND ADOPTED THIS DAY OF 2011
P DURSO, MAYOR
29 of 30
/ ATTESTe
SARAH M. MI<RUS, MA/jtC, MBA, CITY Y CLERK
Approved as to form and legality for the use and reliance of the City of Longwood, Florida, only.
DAME 1L! 1 IE A f Tl ®Tt N Y
30 of 30