22-2225 Amending LDC - Allowing Accessory Entertainment Uses ORDINANCE NO. 22-2225
AN ORDINANCE OF THE CITY OF LONGWOOD, FLORIDA, AMENDING THE LONGWOOD
DEVELOPMENT CODE ARTICLE I GENERAL PROVISIONS, ARTICLE II LAND USE DISTRICTS AND
OVERLAY DISTRICTS, ARTICLE V SUPPLEMENTAL STANDARDS, ALLOWING ACCESSORY
ENTERTAINMENT USES, PROVIDING FOR CONFLICTS, CODIFICATION, SEVERABILITY AND
EFFECTIVE DATE.
WHEREAS, on May 6, 2002, the City Commission of the City of Longwood enacted the
Longwood Development Code (Ordinance 02-1599), as was amended from time to time,
pursuant to the requirements of Chapter 163.3202, and Chapter 166.041, Florida Statutes; and
WHEREAS, Chapter 163.3174 (4) (c), Florida Statutes, requires the Land Planning Agency
to review proposed land development regulations,or amendments thereto,for consistency with
the adopted Plan, as may be amended; and
WHEREAS, the Land Planning Agency (LPA) held a public hearing on July 13, 2022 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; and
WHEREAS, the City Commission wishes to facilitate a growing city with a variety of
entertainment options while protecting the public health, safety, and welfare; and
WHEREAS, the City Commission wishes to amend the Longwood Development Code to
distinguish between different types of venues with accessory live entertainment and the
potential for large crowds and negative externalities to ensure there are sufficient safeguards;
and
WHEREAS, the City Commission determines that this Ordinance is consistent with the
Comprehensive Plan and in the best interest of the public health, safety and welfare.
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
trigut are deletions; words that are underlined are additions; Articles, Sections,
Subsections and Provisions not referenced in this ordinance are not modified):
Ordinance No.22-2225
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ARTICLE I: GENERAL PROVISIONS
Bar means any establishment which is devoted primarily to the retailing and on-premises consumption of
alcoholic beverages but may include small-scale on-site brewing(micro-brewing).Such establishments may also
serve meals and food as is customary for restaurants and provide,for no additional charge to patrons,incidental
live entertainment; however,this particular use shall be those establishments where more than 50 percent of the
gross revenue is derived from alcoholic beverage sales and patrons are not sold tickets or required to pay an entry
fee for access to the establishment in order to watch live entertainment events.
Fast food restaurant.An establishment with indoor and/or outdoor seating as provided for by the LDC where
the principal business is the sale of pre-prepared or rapidly prepared food directly to the customer in a ready-to-
consume state for consumption either within the restaurant building or off premises and which may provide,for
no additional charge to patrons,incidental live entertainment.
Live Performance Venue.A facility for the commercial presentation of live entertainment,including musical
acts,performing arts events,theatrical plays,stand-up comedy,and similar performances.Performances are
promoted or scheduled in advance and tickets or an admission fee is required to be paid by patrons for admission
to watch a live entertainment event.A live performance venue is only open to the public when a live performance
is scheduled.A live performance venue may include classroom space utilized during hours it is not open to the
public for a performance.A live performance venue may include concession stands,including sale of alcohol,but
only when it is open to the public for a performance.A live performance venue does not include any church or
other house of worship,public school,city or other government-owned facility,adult uses or nightclubs.
Multi-Purpose Event Facility.A facility that contains similar characteristics to live performance venues and
reception facilities for private and ticketed events,occasional concerts and dance parties,art installations,
recording studios,cultural events,with food and/or beverages that are prepared and served on-site or by a caterer
to invited guests during intermittent dates and hours of operation.Live entertainment may occur as part of an
event and may include occasional concerts or dance parties but those functions with live entertainment shall not
exceed half of the total number of events at the facility in a given month.A multi-purpose event facility is not
operated as a restaurant,bar,or nightclub,shall not have regular hours of operation beyond scheduled events,
shall not have alcohol sales as a primary source of revenue,shall not have a cover charge or similar,but may be
associated with another use such as retail. Alcoholic beverage sales shall not exceed 25%of the multi-purpose
event facility's average monthly gross revenue. A multi-purpose event facility does include a church or other
house of worship,public school,or city or other government-owned facility.
Nightclub.An adult entertainment establishment that provides entertainment,including live music and disc
jockeys(Dis),and an area for dancing by patrons of the establishment.A nightclub has as its primary source of
revenue the sale of alcoholic beverages and/or cover charges. Portions of the floor area may be set up for alcohol
service,including a bar counter,with or without stools,and other seating areas.A nightclub is only open to the
public when it is providing such entertainment and admission(cover charge)is generally charged to patrons for
admittance.
Reception Facility.A facility that provides hosting and rental services of a banquet hall or similar facilities for
private events including,but not limited to,wedding receptions,holiday parties,and fundraisers,with food and
Ordinance No.22-2225
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beverages that are prepared and served on-site or by a caterer to invited guests during intermittent dates and
hours of operation. Incidental live entertainment may be provided in the course of hosting receptions or parties
but should not rise to the level of concerts or dance parties.A reception facility is not operated as a restaurant
with regular hours of operation.
Sit-down restaurant.A retail food service establishment with table service and indoor and/or outdoor seating and
as provided for by the LDC in which the principal use is the preparation,cooking,consumption,and sale of food
and beverages,and which may provide,for no additional charge to patrons,incidental live entertainment.
ARTICLE II: LAND USE DISTRICTS AND ZONING DISTRICTS
2.3.0.Allowable uses.
2.3.1. Table of allowable uses. The following uses are allowable, subject to the standards, regulations, and
criteria of this Code and the Longwood Comprehensive Plan. All uses, unless exempted specifically or by
supplemental standards or definition,must be contained within a principal structure.A principal structure may not
be a tent,trailer,canopy,shed,tent,or similar structure.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, including relevant parenthetical
references in the table of allowable uses.
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 additional use-specific standards,
the relevant section is included in parentheses.
C=subject to a Conditional Use Permit
PD=subject to planned development approval
MX=allowed as mixed-use development,subject to planned development approval
*=Uses allowed only as an accessory use
o=Allowed only in multi-unit centers
Ordinance No.22-2225
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Live
Performance C C C C C C C
Venue Theaters
Multi-Purpose C C C C C C C
Event Venue — — — — — — —
Reception C A A A C A C
Facility — — — — — — —
ARTICLE V. SUPPLEMENTAL STANDARDS
5.4.21 Live Performance and Multi-Purpose Event Venues
A. Applicability. Live Performance and Multi-Purpose Event Venues host a wide range of events and,as
such,include a varying range of outcomes in terms of noise impacts,parking needs,and more.These
venues are permitted in applicable districts through a Conditional Use Permit.
B. Additional Criteria. In addition to the standard conditional use criteria, the City Commission shall
consider the following in deciding whether to approve, approve with conditions, or deny the
conditional use permit:
1. The applicant has thoroughly considered impacts of the live entertainment in their
application, and has taken demonstrable steps to mitigate those impacts on neighboring
properties and the City generally. Screening, buffering or separation of any nuisance or
hazardous feature shall be fully and clearly represented on the submitted plans and shall
be adequate to protect adjacent properties and corridors. This shall include proposed
strategies to mitigate sound levels at adjacent property lines and distances from the noise
source(s)as enumerated in City Code Chapter 38,Article III.
2. Ingress and egress to the subject property and use,with particular reference to automotive
and pedestrian safety and convenience,traffic generation flow and control, availability of
parking, and access in case of fire or catastrophe, shall generally conform or be made to
Ordinance No.22-2225
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conform to current city standards,and shall be reasonably suitable for the types of events
and performances anticipated by the application.
3. The applicant's willingness and ability to satisfy the conditions of approval, including those
required by subsection D.and E. below.
C. Submittals. Where a development does not otherwise require a site development plan, the
conditional use applications for Live Performance and Multi-Purpose Event Venues shall at a
minimum include the following:
1. A site and/or floor plan, indicating the location of the accessory live entertainment.
2. A summary of facts concerning the location and orientation of the live entertainment,
including proposed days and hours of operation, detailed description of proposed
entertainment, description of premises where entertainment is proposed, number of
entertainers, etc.
4. A signed affidavit by the property owner and business operator affirming the following:
(a) The property owner and business owner are generally aware of the
improvements necessary to facilitate an assembly occupancy and are willing and
able to make the necessary improvements for an assembly occupancy.
(b) Each party understands and will not violate any section of the City Code or Land
Development Code, with particular attention paid to Chapter 38, Article III and
other relevant standards, and will take demonstrable measures to ensure that
persons having authority in the day-to-day operation of the business are made
aware of and follow these requirements.
D. Non-transferable permit. A conditional use permit for a live performance venue or a multi-purpose
event venue does not run with the land or become a vested property right,and is specifically tied to
the applicant granted such conditional use permit. A conditional use permit is valid only for a specific
ownership of the establishment at a specific location and is nontransferable to another
establishment or to another ownership of an establishment. A conditional use permit issued under
this subsection automatically terminates upon the applicant holding such permit vacating or
transferring title to the premises named in such permit as the location for the live performance
venue or the multi-purpose event venue. If an establishment with a valid conditional use permit
under this section ceases operation at a specific location and another person,entity or establishment
desires to begin operation at this location,the conditional use permit is nontransferable to the new
ownership or establishment at the same location.In addition,if an establishment with a valid permit
relocates, the permit is nontransferable to the new location. In both instances, a new permit
application must be submitted for City Commission consideration.
E. Standard conditions of approval for conditional use permits associated with live entertainment or
multi-purpose event venues.The following are standard conditions for approval of all permits which
are incorporated into the City Commission's approval of a permit application and made a part of the
terms under which the live entertainment permit is granted, unless waived or modified by the City
Commission:
1. The City Commission may revoke this conditional use permit pursuant to LDC 10.3.6(C) if
any conditions of the conditional use permit are violated.
Ordinance No.22-2225
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2. Upon a finding, in a public hearing, that operation of the business has resulted in the
violation of a city ordinance or any of the conditions of approval outlined in the approved
permit,and that the City's Special Magistrate has found that a violation has occurred, and
entered an order finding that such a violation has occurred,the City Commission may elect
t
to revoke this conditional use permit.
3. For indoor entertainment,all doors and windows shall remain closed duringperformances,
with the exception of momentary or emergency use for ingress and egress.
4. All live entertainment shall be subject to enforcement of the City's Noise Control
Ordinance.
5. Hours of outdoor amplified live entertainment at establishments with a residential unit or
units within 100 feet of the site shall not extend beyond 11:00 p.m. Sunday through
Thursday evenings and 12:00 a.m.on Friday and Saturday evenings.
6. The applicant agrees that for code and law compliance purposes, the city's code
enforcement officers, building official, fire marshal and law enforcement officers, upon
request, will be given free, unfettered access to the interior and exterior portions of the
establishment premises where patrons are normally permitted to access during business
hours. Refusal to give such access within twenty (20) minutes of a request for access is
grounds for immediate termination of the conditional use permit. The applicant is
responsible for informing its onsite management and employees of the city officers' and
employees' access rights to the premises. The applicant may be required to execute a
separate access license and hold harmless agreement in favor of the city with terms
acceptable to the city that addresses this condition.
7. It shall be a code violation for the business to exceed in scope or scale the description of
the business or any other elements included in the permit application for which the permit
was granted.
SECTION 2. CONFLICTS. If any ordinance or part thereof is in conflict herewith, this Ordinance
shall control to the extent of the conflict.
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. Grammatical,
typographical and similar or like errors may be corrected, and additions, alterations, and
omissions not affecting the construction or meaning of this ordinance and the City Code may be
freely made.
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 affect 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.
Ordinance No.22-2225
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LAND PLANNING AGENCY HEARING:July 13, 2022
FIRST READING: August 1, 2022
SECOND READING AND ADOPTION: August 15, 2022
PASSED AND ADOPTED THIS 15 DAY OF August 2022
CITY COMMISSION
CITY OF LONGWOOD, FLORIDA
Ailir
MATT MORGAN, YO
ATTEST.
MICH LE LONGO, MMC, FCRM, CITY CLERK
Approved and legality for the use and reliance of the City of Longwood, Florida, only.
DANIEL . LANGLEY CI A R
Ordinance No.22-2225
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