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Ordinance 13-2002ORDINANCE NO.13-2002 AN ORDINANCE OF THE CITY OF LONGWOOD, FLORIDA, AMENDING THE LONGWOOD DEVELOPMENT CODE, ARTICLE H LAND USE AND OVERLAY DISTRICTS, ARTICLE III DEVELOPMENT DESIGN STANDARDS, ARTICLE V SUPPLEMENTAL STANDARDS, ARTICLE VI SIGNS, ARTICLE IX HARDSHIP RELIEF, ARTICLE X ADMINISTRATION TO STREAMLINE AND CLARIFY EXISTING DEVELOPMENT PROCESSES, AND PROVIDING FOR CONFLICTS, CODIFICATION, SEVERABILITY AND EFFECTIVE DATE. WHEREAS, on May 6, 2002, the City Commission of the City of Longwood enacted the Longwood Development Code (Ordinance 02-1599), as was amended from time to time, pursuant to the requirements of Chapter 163.3202, and Chapter 166.041, Florida Statutes; and WHEREAS, Chapter 163.3174 (4) (c), Florida Statutes, requires the Land Planning Agency to review proposed land development regulations, or amendments thereto, for consistency with the adopted Plan, as may be amended; and WHEREAS, the Land Planning Agency (LPA) held a public hearing on February 13, 2013 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 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 str-ieken a}rt are deletions; words that are underlined are additions; Articles, Sections, Subsections and Provisions not referenced in this ordinance are not modified): ARTICLE III. - DEVELOPMENT DESIGN STANDARDS Add the following table to 3.2.1. Table of Dimensional Standards. Setbacks for the Longwood Design Guidebook Districts are established as follows: City of Longwood Ordinance 13-2002 - l of 7 Overlay Front (Feet) Side (Feet) Rear (Feet) Buildinq Height District Island Lake • 20' min. for parcels fronting • 0' min for liner buildings 20' min 4 stories max Park District SR 434 . 10' min for. other • 10' min for all buildings other parcels Artisan . 0-15' If no front • 0' min. for liner 20' min 4 stories max Village parking is buildings provided • 10' min for other • 25' min. for buildings parcels with front parking Lyman • 10'-15' max range • 0' min for liner 20' min ` 4 stories max District when fronting CR buildings 427 • 10' min for other • 15' min on other buildings parcels General • 20' min. • 10' min. • 20' min 2 stories max Hutchinson • 20' min for buildings above 2 stories • 50' min from established for buildings immediately District residential fronting or neighborhood adjacent to CR 427, 4 stories max • Building shall be 2-story max on frontage abutting existing residential neighborhood East End • 20' min. • 10' min. • 20' min. • 6 stories max. District . 20' min for buildings • 50' min. from above 2 stories established residential neighborhood West End 10' min • 10' min • 20' min. • 4 stories max District •. 20' min for buildings • 50' min. from established residential nei hborhood Southern • 10' min • 10' min. • 20' min. • 4 stories max Lonqwood • 20' min for buildings • 50' min. from District above 2 stories established residential nei hborhood Longwood • 10' min • 10' min. 20' min. • 4 stories max City of Longwood Ordinance 13-2002 - 2 of 7 Boulevard 20' min for buildings East above 2 stories 3.2.3. Design standards for nonresidential and mixed use properties in the City of Longwood. 2. Building colors, including roofs, must be approved by the community development services department and must meet the following criteria: a. A maximum of Wee five colors 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 corporate color scheme and in this instance, only as a replacement for either the trim or accent (not body) color, and only up to 20 percent of the total square footage of any one building facade. c. The city community development services department maintains 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 and metal awnings shall be consistent with the color selection criteria in subsection (b) and shall not be high -intensity primary colors, electric, neon, fluorescent, or black. Roof color selections shall be complementary. Shingle roofs shall have a neutral finish. ARTICLE IV. - SUPPLEMENTAL STANDARDS 5.4.13. Massage therapy. For the purposes of this section, massage therapy establishments are those establishments which are consistent with and licensed pursuant to F.S. ch. 480 and in which all massage therapy is performed by state -licensed massage therapists. A. Massage therapy establishments are a permitted use within multi -tenant centers in the industrial district, provided they meet the following conditions: 1. No massage therapy establishment located within the industrial district shall be located any less than 1,000 feet from another massage therapy establishment. Massage therapy establishments conforming to the standards of subsection B. shall not be included in the distance calculation. 2. Hours of operation on each day must be limited to times occurring between 7:00 a.m. and 8:00 p.m and shall be advertised and clearly posted as such. City of Longwood Ordinance 13-2002 - 3 of 7 3. All massage therapists must hold active licenses issued by the State of Florida. The licenses of all massage therapists operating out of any establishment shall be posted in a location visible to all those entering the establishment. B. Massage therapy establishments that meet tie# the following criteria shall be permitted in the infill mixed use, trans* Heritage Willage and downtown historic districts: 1. The massage therapy establishment is an accessory use to and occupying the same space as a primary use that is a licensed professional service other than professional massage therapy that is customarily associated with massage therapy (i.e. chiropractor, physician, beautician, etc.) 2. Hours of operation on each day must be limited to times occurring between 7:00 a.m. and 8:00 p.m and shall be advertised and clearly posted as such. 3. All massage therapists must hold active licenses issued by the State of Florida. The citic licensed per other licensed professional (i.e. chiropractor, physician, beautician, etc.). The licenses of all massage therapists operating out of any establishment shall be posted in a location visible to all those entering the establishment. C. Each request to establish a massage therapy office shall require an application and approval by the Community Development Services Department independent of a Business Tax Receipt. Approval of such application is not transferable, and a new application is required for any proposed change to the terms of the original approved application, including ownership and/or location. D. All massage therapists must have held an active and uninterrupted State of Florida Massage Therapy license for the last three (3) years, and must be able to document as part of their application that they and the establishments they operated out of have operated lawfully and without a complaint being filed or having been found guilty of unlawful or disorderly act, conduct or disturbance during that period. E. Massage therapy establishments in any district shall have their approval revoked and shall be required to close immediately upon a finding by The Longwood Police Department that criminal activity has been occurring on the premises. Any massage therapy establishment lawfully operating on the effective date of this section within any district the infill Fnixed use, tFansit village eF dewntown hesteFIG dietFiGtr,shall be in compliance with all provisions of this section. . All lawfully operating massage therapy establishments subject to Section 5.4.13 (B) shall have until April 30, 2013 to comply with the standards of Section 5.4.13 (13)(3). Massage therapy establishments failing to comply with the requirements of this code shall be subject to enforcement pursuant to Article VI, Division 2 of the City of Longwood Code of Ordinances. The city further reserves the right to ensure compliance with this section via those alternative remedies set forth in F.S. ch. 162, and, if appropriate, through a civil action for injunctive or other equitable relief in a court of competent jurisdiction. City of Longwood Ordinance 13-2002 - 4 of 7 ARTICLE X. - ADMINISTRATION 10.4.0. - Planned developments. 10.4.3. Review process. The review process for a planned development is as follows: 1. Pre -application meeting. The applicant fora a planned development permit shall schedule a pre -application meeting to discuss the procedures and requirements and to consider the elements of the proposed use and site and the proposed site plan. 10.14.0. - Plats. 10.14.2. General requirements. A. Any division of land (plat or replat) into three or more lots or parcels shall be subject to all requirements of this Section. The procedure described in section 10.2.0 shall be followed. B. A preliminary plat shall be required. A preliminary plat graphically depicts the proposed development or the location of individual lots. Information required on or along with the preliminary plat is described in section 19.41:4 10.14.4. An approved preliminary plat is a necessary prerequisite for site plan and final plat approval. C. A site plan shall be required. A plan for proposed public improvements shall be submitted with the site plan. A development order approving the site plan shall not be approved until the plan for public improvements is found to comply with all requirements of this code and city standards for construction and installation of public facilities and improvements. Contents of the public improvements plan are specified in section 10.14.5. D. A final plat shall be submitted to the Community Development Services Department tdie-city admon*strater within one year of approval of the site plan and shall be reviewed for compliance with the approved preliminary plat and site plan. A final plat shall not be approved until there is a finding that all required public improvements have been installed, and that the final plat is in full compliance with the approved preliminary plat and site plan. Information required on the final plat is specified and described in section 10.11.6: 10.14.6. E. Building permits for the construction of residences shall not be issued until the final plat has been approved by the city commission and recorded with Seminole County. 10.14.4. Requirements for preliminary plats. City of Longwood Ordinance 13-2002 - 5 of 7 B. Time limit on approval. A final subdivision plat or plats shall be submitted within two (2) years after preliminary plat approval or the preliminary plat approval shall lapse. Where there have not been substantial changes to the Land Development Code and/or the City's Comprehensive Plan as it pertain to the development of the subject lands, up to a one year extension to the two-year limit may be considered by Community Development Services Director, upon written request by the applicant 30 days prior to the expiration date, showing cause for such an extension. SECTION 2. CONFLICTS. If any ordinance or part thereof is in conflict herewith, this Ordinance shall control to the extent of the conflict. In the case of setbacks established in Section 1 of this Ordinance conflicting standards shall be removed from the Longwood Design Guidebook. SECTION 3: CODIFICATION. Section 1 of this Ordinance shall be codified; that such sections may be renumbered or relettered to accomplish the intent of this Ordinance. SECTION 4: SEVERABILITY. The provisions of this Ordinance are declared to be separable and if any section, paragraph, sentence or word of this Ordinance or the application thereto any person or circumstance is held invalid, that invalidity shall not effect other sections or words or applications of this Ordinance. If any part of this Ordinance is found to be preempted or otherwise superseded, the remainder shall nevertheless be given full force and effect to the extent permitted by the severance of such preempted or superseded part. SECTION 5: This Ordinance shall take effect immediately upon its adoption. LAND PLANNING AGENCY HEARING: R:�,6PU �r\J 13. 2 o 13 FIRST READING: danj SECOND READING AND ADOPTION: Ma-M.VI I V . 20l 3 PASSED AND ADOPTED THIS J DAY OF Pa.rcA , 2013 City of Longwood Ordinance 13-2002 - 6 of 7 BRIAN D. SACIKEtT, YOR SARAH M. MIRUS, MMC, Mt3A, CITY ULERK Approved as to form and legality for the use and reliance of the City of Longwood, Florida, only. ►RNEY City of Longwood Ordinance 13-2002 - 7 of 7