22-2227 Amending LDC - Allowing Tattoo Parlors in General Commercial District ORDINANCE NO. 22-2227
AN ORDINANCE OF THE CITY OF LONGWOOD, FLORIDA, AMENDING THE LONGWOOD
DEVELOPMENT CODE ARTICLE I GENERAL PROVISIONS, ARTICLE II LAND USE DISTRICTS AND
ZONING DISTRICTS, ARTICLE III DEVELOPMENT DESIGN STANDARDS, ARTICLE V
SUPPLEMENTAL STANDARDS,ARTICLE IX HARDSHIP RELIEF AND SPECIAL EXCEPTIONS, ARTICLE
X ADMINISTRATION, ALLOWING TATTOO PARLORS IN THE GENERAL COMMERCIAL DISTRICT
AND OTHER GENERAL UPDATES TO THE DEVELOPMENT CODE, 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 August 10, 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 expand allowances for tattoo parlors; and
WHEREAS, the City Commission wishes to make general updates to certain elements of
the Longwood Development Code; 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
stricken out are deletions; words that are underlined are additions; Articles, Sections,
Subsections and Provisions not referenced in this ordinance are not modified):
ARTICLE I: GENERAL PROVISIONS
Ordinance No.22-2227
Page 1 of 9
Tattoo parlor. An establishment whose principal business activity, either in terms of operation or
as held out to the public, is the practice of placing of designs, letters,figures, symbols, or other marks
upon or under the skin of any person..-, using ink or other substances that result in the permanent
coloration or alteration of the skin by means of the use of needles or other instruments designed to
contact or puncture the skin.This use does not include tattooing exclusively for medical or dental
purposes, or the application of cosmetic permanent eye makeup as an accessory use of a personal
services establishment.
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.22-2227
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Future Land CON LDR MDR DH COM STA IMU IND P/I
Use Category
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7, �0 0
c o L O
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Apartments,
Single-Use A A PD
(2.3.3)
Apartments,
Mixed-Use PD
Development)
A PD A A A A A
(2.3.3)
Family Day Care S SS S S S
(5.4.2) — — — — — —
Dog kennels
without S S S
outdoor runs — — —
(5.4.1)
Dog kennels
with outdoor S S S
runs (5.4.1)
Nursing and
convalescent S S S S
facilities (5.4.6)
Tattoo Parlor
(5.4.22) S Ao
2.3.2. Location of public facilities. Nothing in this section shall preclude necessary City of Longwood or other
government facilities that provide essential services and serve direct needs of residents of the City of Longwood
from locating within any future land use designation when such activity satisfies established criteria of the
Comprehensive Plan and the city's Land Development Code.
2.3.3. Residential uses.
(a) Apartments, Single-Use. In the Infill and Mixed-Use Districts, apartments are only allowed as a
Planned Development. Single-use apartments are an allowable use in the Station Workshop and
Transit Village Neighborhood districts.
Ordinance No.22-2227
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(b) Apartments, Mixed-Use Development.
(1) A mixed-use development for the purposes of this section is defined as a
development where the project creates, in addition to any number higher than 5
apartment dwelling units, a net of 20,000 SF or more (10,000 SF or more for the
Neighborhood Commercial district,30,000 SF or more for the Gateway district)of
new commercial space, restricted to retail, restaurant, personal services, office,
hotel, bake shops, theaters, and concert and event venues. Additional uses may
be allowed by the City Commission through a Planned Development.
(2) If residential uses are approved for development,a condition of the Development
Order (or Development Agreement for the PD) will be that no use or occupancy
of the residential portion of the development is permitted without completion of
the commercial portion of the development. Thus, no Certificate(s)of Occupancy
will be issued for the residential portion of a development unless and until the
issuance of a Certificate(s) of Occupancy for the commercial portion occurs.
(3) Apartments totaling 5 units or fewer in a given development are allowed as an
accessory use to a project with a non-residential first floor in a single vertical
mixed-use building in districts where apartments are allowed in a mixed-use
development.
(c) Apartments in Downtown Storefront (DTS) district. Apartments are only allowed in the
Downtown Storefront district as an accessory to, and on the second or third floors of, a
building with a commercial first floor.A condition of the Development Order for any such
mixed-use building will be that the Certificate of Occupancy will only be issued once the
commercial portion is inspected and approved.
(d) Apartments in Industrial Core district. In the Industrial Core district, apartments are
allowed only as an accessory use that is subordinate to and compatible with a new
development in the industrial district, and only as a Planned Development. Residential
uses are limited to 40%of the square footage of the industrial use. If residential uses are
approved for development,a condition of the Development Agreement for the PD will be
that no use or occupancy of the residential portion of the development is permitted
without completion of the commercial portion of the development. Thus, no
Certificate(s) of Occupancy will be issued for the residential portion of a development
unless and until the issuance of a Certificate(s) of Occupancy for the commercial portion
occurs.
2.3.4. Single-Family Residential and Townhouses (3 or more attached units)in certain districts.
(a) In the Neighborhood Commercial, General Commercial, 17-92, and Infill and Mixed-Use
Districts, single-family residential and townhouse development is allowed as part of a
mixed-use Planned Development.When adjacent to a residential use,the residential uses
shall be directed to the rear of the subject property, or to any areas of the subject
property that abut existing single-family development,and shall be designed to buffer the
existing residential from and provide an appropriate downward transition from the
commercial use to the residential use.A mixed-use development for the purposes of this
section is defined as a development where the project creates a net of 20,000 SF or more
(10,000 SF or more for the Neighborhood Commercial district) of new commercial space,
restricted to retail, restaurant, personal services, office, hotel, bake shops, theaters, and
concert and event venues, or other appropriate uses allowed by the City Commission
Ordinance No.22-2227
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through a Planned Development. If residential uses are approved for development, a
condition of the Development Agreement for the PD will be that no use or occupancy of
the residential portion of the development is permitted without completion of the
commercial portion of the development. Thus, no Certificate(s) of Occupancy will be
issued for the residential portion of a development unless and until the issuance of a
Certificate(s) of Occupancy for the commercial portion occurs.
3.5.5. Tree protection standards.
3. Replacement or relocation of trees is required as described:
a. New developments in site plan and/or subdivision review. Site development plans will be
required to show all removed and replaced trees. New developments shall save, plant,
relocate, or replace trees pursuant to the standards of this section. If it is not feasible to
place the required number of trees on a developed site, the developer shall make a
contribution equal to the number of trcc5 inches that could not be placed(at four
inches DBH per tree)to the off-site tree mitigation fund, but the total number of
planted trees on-site cannot be below ten trees per acre.
1. Replacement of non-specimen trees shall be based on a one-to-one or two-to-one
ratio of the cumulative DBH of the trees to be removed to the cumulative DBH of
the trees to be installed, pursuant to the tree replacement table in LDC 3.5.5
(D)(3)(d). (For example: a 21 inches DBH tree to be removed shall be replaced by
seven 3-inch DBH trees or three 7-inch DBH trees, or any combination of
replacement trees that total the total DBH removed.)
2. Specimen trees (defined as trees 24 inches or larger) shall be replaced pursuant to
the tree replacement table in LDC 3.5.5 (D)(3)(d). Specimen trees shall first be
protected, and the tree removal permit application shall include justification for the
removal of each tree.
3. An applicant may appeal for a reduction of the tree replacement fee through a
Special Exception application to the City Commission.
4. For subdivision applications, all trees intended to meet the requirements of this
section must be placed within a common area or conservation easement that
ensures the trees will be preserved and maintained.
b. Developed property with an approved landscape plan. All sites with an approved
landscape plan shall replace trees according to the original permitted landscape plan
approval, unless the removed tree excecd523 equals 24 inches or more DBH, at which
time the table in (3)(d) will apply. If the tree removed from the site was not part of the
approved landscape plan, and is less than 24 inches DBH, tree replacement will not
be required.
c. Property without an approved landscape plan. Where a developed property is not
subject to an approved, documented landscape plan, replacement shall be consistent
with the tree replacement table in LDC 3.5.5(D)(3)(d). Where a tree proposed for
removal is dead or diseased and the site does not have an approved landscape plan, the
Ordinance No.22-2227
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applicant may request a waiver from the Community Development Director for approval
of an alternative landscape plan that addresses the impact of the removed tree.
d. The tree replacement table is as follows:
Diameter of existing Number of Minimum Inches
Tree (DBH) Replacement Trees Diameter DBH of Required Inches
Inches Required for replacement tree Diameter DBI-+
each tree removed
Tier 1 4" to less than 8" DBH 1 replaced for 1 3 3
removed
Tier 2 8" to less than 4-5 24" 2 replaced for 1 3 €
DBH removed
15" to less than 24" 2 replaced for 1 4 8
D-B# removed
Tier 3 24" to less than 30" 3 replaced for 1 4 4a
DBH removed
Tier 4 30" and greater 5 replaced for 1 6 30
removed
ARTICLE V. SUPPLEMENTAL STANDARDS
5.4.22. Tattoo Parlors.Tattoo parlors are subject to the following supplemental standards and requirements:
A. Tattoo Parlors are allowed within the General Commercial zoning category only on properties of four
acres or more with multi-tenant centers,and only on the South side of SR 434 from Rangeline Road
to Ronald Reagan Boulevard.
ARTICLE IX. HARDSHIP RELIEF AND SPECIAL EXCEPTIONS
9.3.0. Special exceptions.
9.3.1. Special exceptions. In those circumstances where the applicant believes that, due to unique
characteristics of the site or other special circumstances, strict compliance with the Code is not feasible
or desirable and that deviation from the Code will allow for equal or better results, the city commission
may be petitioned to grant a special exception to the Longwood Development Code or Section 86-83 of
City Code as it relates to trailers relative to the specific provision(s) in question.The applicant shall
petition the commission by completing an application provided by the community development
department and paying a fee as established by the city commission.
9.3.2. Application process. The applicant shall provide an application on forms provided by the
community development department and with a fee established by the city commission, describing the
special exception request and how the special request addresses the criteria listed in section 9.3.3. Prior
to review of the application by the city commission, each applicable member of the development review
team (DRT) shall make a written recommendation for approval, approval with conditions, or denial of
Ordinance No.22-2227
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plans based on application of their particular code. It shall be the responsibility of the CDSD, or the
director's designee, to collect the comments of the DRT and prepare a written staff analysis of the
outstanding issues related to each application and recommendation for approval, approval with
conditions or denial to the city commission.
9.3.3. Criteria. The city commission may grant a special exception from the strict application of any
provision of this Code, except provisions in article II (Land Use Districts and Overlay Districts), LDC 5.4.0
(Supplemental standards for specified land use activities), Section 6.1.6 (Nonconforming signs), Article
VII (Concurrency Management), Article IX (Hardship Relief), and Article X (Administration)and 12.1.3
{Heritage Village Table of Allowable Uses)if the following procedures are followed and findings made.
The city commission shall consider the following criteria when making their determination:
1. The request is consistent with the spirit and intent of the Code;
2. The resulting development will provide equal or better results than required by the Code;
3. That the resulting development is consistent with the city's comprehensive plan and other
city adopted planning documents;
4. That the granting of the special exception will not diminish property values of the area
surrounding the site;
5. That the request represents the minimum modification(s) necessary and is not primarily
driven by a desire to reduce costs on the project; and
6. If the condition resulting for the request for a special exception is common to numerous
sites, so that the request for similar special exceptions are likely to be received, the
cumulative impacts of granting the request.
For special exceptions to Section 86-83 of City Code as it relates to trailers, the City Commission shall
also consider the following:
1. That the trailer is used by the applicant in a business which is the applicant's primary source
of income
2. That trailer is in daily or near-daily use that makes rear or side yard storage inconvenient
3. That the placement of the primary structure, irregular shape of the lot, mature trees,
slopes, or other similar impediments prohibit the safe and practical transport of the trailer
to the side or rear yard
9.3.4. Commission review. The city commission shall hold a public hearing to consider all requests
for special exceptions to the Code.At least ten days prior to the hearing date, notice of the time and
place of such hearing shall be published in the official newspaper of the City of Longwood.The applicant
notice shall be given not less than ten days prior to the date set for the public hearing by posting such
notice, properly addressed and postage paid to each owner of record as it appears on the most recently
forth in section 10.0.6.B.3.The applicant is responsible for all costs and fees associated with such
notification.
1. Special exceptions to the Longwood Development Code shall require mailed notice, newspaper
advertisement, and site posting pursuant to LDC 10.0.6. For special exceptions in the Historic District, all
property owners in the District shall be notified.
Ordinance No.22-2227
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2. Special exceptions to City Chapter 86, Article II, Division 3 shall not require a newspaper
advertisement, and shall only require mailed notice to property owners on both sides of the street on
the block containing the subject property. When the subject property is not on a block grid, notices shall
be sent to properties along the same road within 250 feet in either direction, on both sides of the road.
Site posting is also required pursuant to 10.0.6.
In granting an application for special exception, the city commission may impose such conditions
and restrictions upon the site benefitted by the special exception as may be necessary to minimize the
injurious effect of the special exception or to make the special exception more consistent with the spirit
and intent of the Code. After conducting the public hearing and considering the criteria of section 9.3.3,
the city commission may approve, approve with conditions, or deny the special exception application
based on competent, substantial evidence in the record.
9.3.5. Appeals. All decisions of the city commission concerning special exceptions shall be final.
9.3.6. Expiration of special exceptions. A granted special exception shall expire one year after the
date of the city commission decision, unless such special exception is included as part of a site plan or
construction permit that is approved during this one year period, at which point the special exception is
valid for the duration of the site plan or construction permit, whichever is longer. For special exceptions
unrelated to a site plan or construction permit,the City Commission may specify a duration as part of
their approval.
1. A special exception issued regarding Section 86-83 of City Code shall apply only to the specific
trailer for which the request was submitted.The special exception is not transferable to another trailer
or vehicle, even if the other trailer or vehicle is the same size or smaller, nor is the special exception
transferable to another person, even if the new person owns the same residential property or same
vehicle.
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.
LAND PLANNING AGENCY HEARING: August 10, 2022
FIRST READING: August 15, 2022
Ordinance No.22-2227
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SECOND READING AND ADOPTION: September 7, 2022
PASSED AND ADOPTED THIS 7 DAY OF September, 2022
MATT MORGAN, M
ATTE T:
CHELLE LONGO, MMC, FCRM, CITY CLERK
Approv o rm and legality for the use and reliance of the City of Longwood, Florida, only.
DANIEL W. LAN c, CI ORNEY
Ordinance No.22-2227
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