Ordinance 13-2016 ORDINANCE NO. 13,2016
AN ORDINANCE OF THE CITY OF LONGWOOD, FLORIDA, AMENDING THE LONGWOOD
DEVELOPMENT CODE, ARTICLE I GENERAL PROVISIONS, ARTICLE H LAND USE AND
OVERLAY DISTRICTS, ARTICLE III DEVELOPMENT DESIGN STANDARDS, ARTICLE V
SUPPLEMENTAL STANDARDS, ARTICLE VI SIGNS, ARTICLE IX HARDSHIP RELIEF AND
SPECIAL EXCEPTIONS, AND ARTICLE X ADMINISTRATION TO ALLOW FOR TEMPORARY
SIGNAGE IN DESIGNATED CONSTRUCTION ZONES AND 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 October 9, 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 stfieken e}tt 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
61.4. Definitions.
Plant nursery. An establishment where flowers, shrubbery, vegetables, trees, and other horticultural and
floricultural products are grown, propagated, and/or sold.
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ARTICLE H. LAND USE DISTRICTS AND OVERLAY DISTRICTS
Low Medium Neighborhood Infll Industrial Public/Institutional Conservation
Density Density Commercial and
Residential Residential Mixed -Use Mixed -
Use
Warehousing S AS
(outdoor
storage
5.4.11
ARTICLE III. DEVELOPMENT DESIGN STANDARDS
3.2.0. Site design standards.
3.2.1. Table of Dimensional Standards.
A. Setbacks and building height for nonresidential and mixed use development and redevelopment shall
be as established by the Heritage Village Urban Code, Longwood Design Guidebook or the Historic
District Code Book, where applicable.
H. Maximum densities and intensities for the infill and mixed -use category are established in the Future
Land Use Element of the Comprehensive Plan, and are distributed through the Planned Development
(for projects at or above two acres) or conditional use process (for projects under two acres). When
allocated through the conditional use process, city commission approval of the conditional use permit
is required. Projects that meet the minimum standards of the Longwood Development Code are
allowed 80% of the maximum density and intensity as established in the Comprehensive Plan.
Applicants wishing to receive an amount above 80% of the maximum density and intensity beaases
must demonstrate as paA ef their- Wheafien that the pFajeet is signifiean* more eeftsistent with the
demeastFate that the project exceeds the standards of the Design Guidebeek and Comprehensive Plan,
Development Code and other applicable visioning documents by providing a higher quality of design,
including but not limited to the furthering of multi-modal transportation options, and the provision of
public amenities, dwell- designed civic spaces, and community activity centers.
I. Densities and intensities for NCMU and MDR categories are limited to the amounts allowed by the
Comprehensive Plan and are distributed through the Planned Development (for projects at or above
two acres) or conditional use process (for projects under two acres fiffeugh either- the 01ame
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design density ead iotemity a4ewable may e* be resehed where uses am mimed er- eembined, pr-evided
> the
.
J Calculation ofdensitx The calculation of density for projects shall be as follows:
(1) Net Developable Area: The net develolable area shall be based on the calculation of the total
area of the parcel or the total area of contiguous parcels under common ownership and submitted for
approval under a single development plan, including retention/detention; areas existing_nonds lakes
and streams wetlands future public rights- of -way parkland dedication circulation, recreation
facilities etc but excluding land in existing public rights -of -way, and any parcels with no allowable
density.
(2) Calculation The total amount of units allowed is calculated by multipl�inu the allowable units
per acre for the parcel by the amount in acres of net developable area. All development must be
consistent with the standards of the Longwood Development Code.
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 histefi distd Heritage
Village shall be subject to the regulations within the Heritage Village Urban Code
Gedeb . If a conflict between a guideline and a specific standard arises between the standards of this
section and the Heritage Village Urban Code Leagweed Design Guidebee the
standaM sh" epgly Heritage Village Urban Code shall prevail
3.5.5. Tree protection standards.
C. Tree permit requirements.
1. All tree removal permit applications shall be filed with the community development services
department, whether or not a site plan or other development approval is required. Review and
approval shall be according to the procedures in section 10.1.4. Treg removal and/or replacement
as asgpecified on the tree removal permit shall occur within 30 days of the issuance of a tree removal
permit The CommuniV Development Services Director may grant,a one -time 15 -day extension
npon a written request from the applicant that is received Rdor to the expiration of the permit and
where demonstrable circumstances have Qrevented the removal or replacement of a tree during the
30 -day time period.
3.6.0. Mobility and parking requirements.
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C. Parking lot design.
3. 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
semipervious paving materials that are determined by the city engineer to be adequately durable
for the intended use substanfiaRy similaF te the dambility ei aspMt paving. "Eco pavers" used in
this manner must be properly maintained, 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.
10. All required spaces shall be used for automobile parking only, with no motor vehicle sales or any
other sales activity, dead storage, nonemergency repair work, dismantling or servicing of any kind.
ARTICLE V. SUPPLEMENTAL STANDARDS
5.6.0 Telecommunications Towers
5.6.6. Performance standards
F. Structural design shall be per the current edition of the Florida Building Code
time, 1. T-1 --- ffHnuniea4iew tewem shall be eenstmeted in aeeeFdanee with the ELAD91A 222 E Read-
ASGE :7 rr rr
, ,
rr
, , Gaide
to the Use ef the Wind Lead Pr-evisiens", beth ef Whieh may be amended from time te time, ---I
..l .7eser -ibe the te a e:t .....l..e,. and # e f a ntenna i ean e .« ed to T, a te...e«
shall be pem3iAed te emeeed its leading eapaeity. For- aH tewer-s a#aehed te existing stfuetffes, 4h
2. All new ens to wEH, -and these existing -t6i er -s-te be a;aea shall h ffve th
•, dishes,
611hMiqqiAn . . at plait signed sealed and dated by a pr-efessieiW engineer- heeftsed
n "
(Wind Leads Chapter), as published by the Amerieen Seeiety ef GMI EingineeH, and fiffthe
defined by ASGE :7
n n
88, ,
amended from time te fime, in effeet at the time ef said impfevement er- addifien.
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ARTICLE VI. SIGNS
63.3. Permits.
A. When provisions of this Code are in violation, no building permit or local business tax receipt shall be
issued until violations have been corrected.
B. No sign or sign structure shall be hereinafter erected, maintained, substantially altered, displayed, or
changed, except exempt signs as provided herein, until after a permit has been issued, if required.
Repainting or changing the message of a changeable copy sign or the sign panel of an existing
permitted sign shall not be considered a substantial alteration and would not require a permit.
Maintenance of sign components including, but not limited to: lamps, ballast, transformers and other
components will not require a permit under this section. Any change of electrical service, feeder line
replacement or structural repairs will require a permit as provided for by the Florida Building Code
913CIGi.
C. The application for a sign permit shall be set forth in writing and shall provide the construction
information required by the Standard Florida Building Codes as adopted by the City of Longwood.
6.4.4. Specially regulated signs.
B. Place of worship signs. Place of worship signs shall be permitted in accordance with the following:
1. Height shall not exceed 12 feet with embellishments in
in properties with a Future Land Use designation of LDR, MDR, or NCMU
7 T t 1 s area C monume and buildi si gns ..1...11 net a eed a squar feet o f ..dd l
building fieffkige-.
- . - - I the pfimaFy sign stmetar-e. VAwa this sign hm been allowed, peAable sigm shall b
pr-ehibited en the site.
6.6.0. Temporary signs.
661. Generally.
A. Permitting.
1. Temporary signs are allowed throughout the City of Longwood, subject to a temporary sign
permit, fee and to the restrictions imposed by this section and other relevant parts of this Code.
2. A temporary sign permit may be granted for any period deemed reasonable for a parcel or
grouping of parcels under the same ownership not to exceed 30 days, with a minim of 90 days
between permits, unless provided for within.
a) Where a parcel has been the subject of code enforcement violation for a temporary
sign, including the continued display of a temporary sin Bast the expiration date of a
temporary sign permit, a 90 days wait period will be enforced have had te hav-e
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elapsed from the date on which the property was found to be in compliance before a
new permit can be issued. In the case where a temporary sign has been 1p aced
without a permit and a notice of violation or verbal warning is issued, and where the
property owner has no prior violations related to tempoLM signs and applies for a
temporar sign permit within two business days of receiving the violation, the 90 -daX
wait period prior to permit issuance shall be waived.
h) If there are multiple businesses on a parcel or parcels, the full 90 days shall elapse
before another business in the same development may receive a temporary sign
permit, unless the additional temporary sign permits are associated with a temporary
use permit, permitted development sign, permitted grand opening signage, or
permitted new business signage as otherwise allowed by this Land Development
Code.
3. Temporary sign permits associated with temporary use permit, development sign, grand opening
signage, or new business signage shall run concurrent to other temporary sign requirements on a
parcel or grouping of parcels under the same ownership with multiple businesses, so long as there
are no more than two temporary signs allowed on any parcel or grouping of parcels under the
same ownership at any one time and so long as no single business has more than one temporary
sign at any one time.
6.6.2. General design and location standards.
A. Minimum separation. The minimum distance between signs shall be 200 feet from other temporary
signs on the same side of the street. However, an approved temporary sign permit for new business,
grand opening, designated construction zones, or development signs, shall not be subject to this
separation requirement.
6.6.3. Specific types of temporary signs.
A. General temporary sign. A sign intended to advertise a business for a limited duration as permitted by
LDC 6.6.1, and not associated with a specific We of sign permit described in this section.
B. Temporary use permit sign. Signs that are in conjunction with temporary use permits (TUP) that
announce the temporary event such as fairs, carnivals, circuses, revivals, sporting events, yes,
or any public, nonprofit, charitable, educational or religious event or related function as regulated by
City Code Chapter 58, Article IV
as maybe appmved per- the TUP, and shaH be mmeved widiia 24 heufs after- the eve All signage for
the event including on -site, or directional signage shall be approved at the time the temporary use
permit is being processed. Temporary use signs shall be limited to signs that are for events that are
located within the city and or as a general service to the citizens of the City of Longwood. Off -site
signage, for temporary events held by public, non - profit or other entities may be approved by the city
commission.
HI: I.Portable (trailer) signs.
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1. Stieh signs shall be required to ebtain a pefmit that shall aet be vand fer- leager- dian a per-ied of
30 dayg, after- whieh time the per-table sign shaH be remeved fr-em the pFeperty.
3K. Temporary signage for parcels subject to section 9.2.4, hardship- eminent domain takings. If as a result
of the take, existing pole or monument signage is removed prior to the redevelopment of permanent
signage the property owner is entitled to one temporary ground mounted sign, with a face limited to 32
square feet. In multi- tenant centers that exceed three tenants a total of 64 feet of signage is allowed and
may be placed on either one sign or two signs. In multi -tenant centers that exceed six tenants a total of
96 square feet of signage is allowed and may be placed on either one or two signs. The signage may
remain up for a period not to exceed 180 days or until such time as the permanent sign has been
constructed and inspected, whichever occurs first.
ILL. Temporary sioage for parcels located in a City Commission " Designated Construction Zone. " The
City Commission at their sole discretion may designate portions of roadways in the city that are subject
to prolonged construction activities as "Designated Construction Zones ". Each addressed business that
takes access from a "Designated Construction Zone" is entitled to one 32 square foot building or
ground mounted tempoM sign in lieu of general temnor= signer rg andl opening signs (6 6 3 B) and
new business signs (6 6 3 C ) - The sign may be a building or ground mounted sign and may remain up
throughout the duration of construction activity however the sigma must be consistent with all
gpplicable standards for temporary signs except Section 6 6 2 (Al which establishes a distance
requirement between signs and must be maintained in good condition and removed immediately upon
the removal of the construction zone designation by the City Commission. Signage associated with a
TeWoM Use Permit (6 6 3 A) will be allowed as provided for in Chapter 58 Article IV of the City
Code All applications for signage under this section will be required to include an affidavit signed by
both the property owner and business owner acknowledging the requjrements of this section. Property
owners that fail to adhere to the provisions of this section will be subject to code enforcement actions.
All temporary signage granted under this section shall be removed within the 30 days following the
Commission's decision to remove the construction zone designation All applicants who received a
permit for signage under this section will be mailed a letter informing: them of the Commission's
decision to remove the construction zone designation Businesses that have received permits under
this section will not be eligible for general temporary sigg permits for a period of 60 days starting at
the City Commission's removal of the construction zone designation Specified temporary signs as
detailed in LDC 6.6.3 shall be permitted as usual within this time period without regard to the
designated construction zone status.
6.7.0. Design, construction, and location standards.
6.7.1. Generally. All permanent signs shall be 'professionally prepared and must comply with the following
design, construction and location standards.
6.8.2. Removal of illegal and /or unsafe signs.
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C. If the qualified designated city representative shall find that any sign regulated under these regulations
is unsafe or unsecure, he shall give written notice to the permittee thereof. If the permittee fails to
remove, repair, or alter, the sign so as to comply with the standards set forth in the City of Longwood
Codes and/or the Stmdard Florida Building Code, and its amendments, within seven days after such
notice, such sign may be removed by the city and the cost assessed to the property owner of record.
ARTICLE IX. HARDSHIP RELIEF AND SPECIAL EXCEPTIONS
9.2.4. Administrative waivers.
A. Applicability. Speei€ed &Site design requirements may be modified by the community development
services director, subject to the criteria in this section 9.2.4. The fellev'4fig Speeified site design
2. Laa&e"e buffefs (344*
.4. Sethaeks (diweasieEwl standard) (3.2.1).
C. Waivers.
1. Waivers of up to 20% may be granted to any numeric site design standard. No waivers can be
granted to the Comprehensive Plan.
peFeent.
2. Waivers to the impervious surface ratio up to 20 percent may be granted. In this instance, a
professional engineer will need to provide suffieien4 iflhEmmie documentation along with a
signed and sealed determination tie that the waiver will not create a significant negative
impact on drainage.
Article X. Administration
10.0.5. Application requirements.
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C. No application shall be accepted for review under this article unless the current property owner, as
shown in the records of the Seminole County Property Appraiser or other legal document, either signs
the application or signs a written authorization for another person to act as representative. In the case
of an application for a change in use, the signature of the owner shall be notarized. Where the subject
property is owned by multiple owners all owners or a legal representative, must be signatory to any
development application.
10.1.3. Exceptions to requirement of an approved site development plan. For the following development
activities, the applicant shall not be required to obtain site development plan approval pursuant to section 10. 2_0
of this article. Unless otherwise specifically provided, the development activity shall conform to this
development code and all applicable codes as adopted by reference in article I.
F. A change to site access that impacts vehicle circulation
10.4.0. Planned developments.
10.4.3. Review process. The review process for a planned development is as follows:
4.
Major site plan submittal. The applicant shall follow the procedure for a major site development plan described
in section 10.2.0 of this Land Development Code and additional requirements as described by this section.
Planned developments are subject to formal review- by the city commission as described in section 10.2.0.
Notice of intent to consider a site plan for a planned development shall be advertised approximately seven days
before each public hearing in a newspaper of general circulation in Seminole County. In addition to the
requirements of section 10.2.0, the following information should be provided:
a. A depiction of the areas of land devoted to publicly owned usable open space, publicly owned
recreational areas, publicly owned plazas, common area usable open space, common area
recreational areas and common area plazas, all expressed as percentages of the total site area.
b. A description of the design standards proposed to be utilized for all streets and off - street parking and
loading facilities, public or private.
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c. An enumeration of anticipated differences between the current applicable design standards of the PD
property and the proposed PD standards.
d. A development schedule for the PD (or for each phase, if phasing is proposed). The development
schedule shall not be binding, except as may be specifically required in the development agreement.
e. A description of all include bicycle /pedestrian/transit facilities.
f.
A detailed description
of the specific manner in which the project exceeds the standards of the Comprehensive Plan,
Development Code, and other applicable visioning documents by providing a higher quality of
design, including but not limited to the furthering of multi -modal transportation options, and the
provision of public amenities, and well- designed civic spaces, and commum activity centers.
g. A unified signage plan for the PD.
h. A detailed location may and specific narrative description of how the project will be designed to be
in harmony with the surrounding area, the Heritage Village Redevelopment Strategy, and/or any
development plan, and how any negative impacts to surrounding g evelopment or development plans
will be mitigated.
10.6.0. Development orders.
10.6.1. Generally. With the exception of those approvals subject to a development agreement, development
orders are issued whenever a site plan is approved or approved with conditions.
B. Expiration. Development orders shall be valid for two years from the date of approval on the
development order. Once a development order has
expired, a new application and fee shall be required.
10.14.0. Plats. I61
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
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described in section 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 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 ell— reqt&ed publie
the final plat is in full compliance with the approved
preliminary plat and site plan. Prior to City Commission approval, the subdivision improvements
required by these regulations shall have been installed in accordance with the standards and
specifications of the code and the approval of appropriate officials and agencies has been certified to
the city or a surety bond or irrevocable letter of credit has been fiunished in favor of and acceptable to
the city in the amount of one hundred twenty percent of the contract cost of the required subdivision
improvements to be completed. Information required on the final plat is specified and described in
section 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.
10.14.3. Lot splits and replats.
B. For lot divisions subject to approval under this section, the following minimum information shall be
submitted to the city.
1. A certified boundary survey by a registered land surveyor licensed to practice in the state.
2. Fully executed instruments pertaining to required deeds, rights -of -way, easements, or reservations.
3. Establishment of an escrow account ., for all construction and
maintenance of improvements required by the city.
4.
A
title opinion of an attorney at law licensed by the State of Florida or a certification by ar abstractor
or a title company along with referenced documents. showing that� record title to the.land as
described and shown on the plat is in the name of the persons 12=ons corperation or entity
executing the dedication. The title opinion or certification shah also show. all mortgages.
easements or encumbrances not satisfied or released of record nor otherwise tegjw- ted by maw
SECTION 2. CONFLICTS. If any ordinance or part thereof is in conflict herewith, this Ordinance shall
control to the extent of the conflict.
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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 dr 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: nm b bEr` 9 Z-Dl.3
FIRST READING: N IJCt1r1 20
SECOND READING AND ADOPTION:
PASSED AND ADOPTED THIS 9 AY OF NbIm 20 13
L ,
B D. SACKET -_ YOR
9
ATTF�S
L TING CITY CLERK
Approved as to form and legality for the use and reliance of the City of Longwood, Florida, only.
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DANI ATTORNEY
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