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24-2254 Amending LDC Live Local Act & Other Code Elements ORDINANCE NO. 24-2254 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 VI SIGNS, ARTICLE VII CONCURRENCY MANAGEMENT SYSTEM,ARTICLE IX HARDSHIP RELIEF AND SPECIAL EXCEPTIONS,ARTICLE X ADMINISTRATION, AND REMOVING ARTICLE XI GREEN BUILDING PROGRAM TO IMPLEMENT NEW PROVISIONS OF THE LIVE LOCAL ACT AND UPDATE OTHER CODE ELEMENTS INCLUDING AMENDING STANDARDS FOR TEMPORARY SIGNS, MASSAGE THERAPY ESTABLISHMENTS, FENCES, TREE REMOVAL, AND OTHER GENERAL UPDATES OF THE LDC, 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 10, 2024 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 Governor of the State of Florida recently signed Senate Bill 328, an update to the "Live Local Act" in an effort to address the affordable housing crisis; and WHEREAS, the Live Local Act requires municipalities to authorize multifamily and mixed use residential as allowable uses in any area zoned for commercial, industrial, or mixed use if at least 40 percent of the residential units in a proposed multifamily rental development are, for a period of at least 30 years, affordable as defined in s. 420.0004 and affects municipalities' ability to enforce standards for density and building height; WHEREAS, the Longwood City Commission has determined it is necessary to address the implementation of the Live Local Act within the Longwood Development Code; and WHEREAS, the Longwood City Commission has determined it is necessary and desirable to update other 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. Ordinance No.24-2254 Page 1 of 76 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 Ftrickcn 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 1.10.0. - Definitions. Live Local Act or Senate Bill 102. Refers specifically to the "Live Local Act" enacted by Florida Senate Bill 102 and codified at F.S. 166.04151, and as may be amended from time to time.ache 1, 2023. Manufacturing, micro. The retail or business-to-business production of artisan goods that are produced in small quantities using small hand tools or light machinery that have no negative external impacts on surrounding properties including, but not limited to, arts and crafts, small- batch bakeries, 3-D printing, or the use of computer numerical control routers. May include a retail component. ARTICLE II: LAND USE DISTRICTS AND ZONING DISTRICTS 2.1.0. Generally. 2.1.3. Interpretation of references to the Live Local Act. References to the Live Local Act are incorporated into this Longwood Development Code. As the Act is updated from time to time, there may be periods of time where elements of the Act that are incorporated into this code may be changed or removed prior to the time where the LDC is updated to reflect those changes. In the instance where a now-outdated reference to the Live Local Act is incorporated in the LDC but has been removed from the Act, the reference in the LDC will be considered invalid. In the instance where a reference is changed by state law, the new state law will govern over the language in the LDC. This provision is not intended to supersede relevant vesting provisions for Live Local Act projects that may have been initiated prior to changes in the Act. Ordinance No.24-2254 Page 2 of 76 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 approval of a Planned Development District MX = allowed as mixed-use development, subject to approval of a planned development District * = Uses allowed only as an accessory use o = Allowed only in multi-unit centers Future Land CO LDR MDR DH COM STA IMU IND P/I Use Category N .- co 00 C O C I_ O - .O 4 _ �, i c .o >- >-cc - N 0 i Q1 0 C N } +, 4a L U a) z - -0 0 C v c r c z oX (Ti-L v : E , Q : Q c c 0co E `° O . = u o C v E E o , _o co 2 c L c a 3 3 do v v NJ c ° co +-. = +, c . _0 3 a a co co -D U U Jo 2 4 2Lp 0 0 a) C7 C7 it v) a Apartments, Single-Use A A PD (2.3.3) Ordinance No.24-2254 Page 3 of 76 m W O O 7 O fD O N O ED' N 0 O N ETn 'D vCi C 1 v 3 3 a .< 0 3 L 3 -0 m crq w 2 < x nU iu < x m *Lk) v oo n) rD c �' c m = o N eL rrD X w D o Q- w o Q w D— m aa) (co C TrD rr o to r*. = r:) Q °' �* < 3 vi = 3 Ln = �* < N = cm v r°„ n� ,-r cN _3 rD ,rt a) CD ,-+ rD ,-t• 0 3 A — < Q cn (D 60 6'1 `.. 7 1n �n n N N D Conservation z o in "' D Country Home r• 0 v, `^ D Low Density Residential v' N N D Medium Density 3 D cn cn cn cn D Medium Density Residential 70 15 N D Downtown Neighborhood v_ a 0 l < D Downtown Storefront CU 5 a z X E 0 -aD D Neighborhood Commercial O O N D D Gateway Q A r'Jt;j X N n vi .. 0 E -0 D 0� D D General Commercial 3 X 0 X X o D to x 3> D 17-92 ID 10 X D Transit Village Neighborhood —I ID 0 l < D Station Workshop X o D to x D D Infill and Mixed-Use c D D Light Industrial z v D o IX D Industrial Core Public/Institutional cn 5 E to 5,, -. O vim, 5- E in — vim, s E r, W c Di w -I C m r � � o � c i, o cr v v. N — c' cr v v, i, 3 0- a, T : 7 Q, o c n a • c — 13 a� aU = c v 0- s a) rD �-' c v, < 1 w rD v, .� 70 �' - v "< oa 7, rD T g n v f D co N o 3 D • c 3 3 W., ro-o c ono co rD = rDLn "' rD a) :P. rD ° Q- Conservation z o Country Home r- v p3 Low Density Residential D Medium Density v D Medium Density Residential 7, 15 Iv, I> > Downtown Neighborhood v o = Iv, I> Downtown Storefront s CD z I(" I> X E 0 Neighborhood Commercial 0 0 cn A IN IN ci•, I> Gateway N N enA 0 IN D X o General Commercial IN D X 0 17-92 In Iv, v) ID D Transit Village Neighborhood N D In Iv) D D Station Workshop IN Iv, ui.) X o Infill and Mixed-Use R c Ink Iv) vi y Light Industrial 2 v In Iv, v, D Industrial Core Public/Institutional 17 Future Land CO LDR MDR DH COM STA IMU IND P/I Use Category N To o . -o �a 0 To cu o L.. L N O N c — JD v o o E f° _CaJ L Etinv.v o L v o D c (71 4J +, , 4A L U N Z t -6 O O E O r O Z N O b Y x • O z E L O +� 0 C C L 0 co O 2 � U , co C L U (O C L i 4J l= C O O (0 +� C C C L O +' 0 n - = c O t 3 L N o n rn c = v, c in L o 0 3o aCC, • cc Lc, 2a, o o a� ca a) 1± - to - VI a. Manufacturin A A A A A A A A A A g (Micro) Package Store A A A A (alcoholic beverage sales) Vehicle Storage (Recreational C C Vehicles) (5.4.3) 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. (1) Live Local Act. Single-use apartments designed utilizing the provisions and allowances of the Live Local Act are allowable in the Commercial zoning districts (Neighborhood Commercial, Gateway, General Commercial, and 17-92), the Infill and Mixed-Use District, and the Industrial Districts (Light Industrial and Industrial Core). Allowed as used in the Live Local Act shall mctan as allowed under the Comprehensive Plan and Longwood Development Code at the time a project proposal application desiring to utilize the Live Local Act is submitted to the city and it shall not include densities, heights or uses allowed as non conforming uses or structures. (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 Ordinance No.24-2254 Page 6 of 76 than 5 apartment dwelling units, a net of at least 40,000 SF (for projects 3 acres in size or more) and at least 20,000 SF (for projects up to 3 acres)Of me-re (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, indoor recreational facilities / gyms, personal services, office, hotel, bake shops, theaters, and concert and event venues. Additional uses as well as waivers to the required square footage may be allowed by the City Commission through a Planned Development. (a) Live Local Act. "Mixed-use residential projects"as referenced in the Act must have at least 65% of the total square footage dedicated for residential purposes. The project shall otherwise be consistent with the provisions of this section including the square footage and use requirements of LDC 2.3.3(b)(1) the timing requirement of LDC 2.3.3(b)(2). (b) Live Local Act. A proposed development in the Station Core future land use must be a mixed-use development as defined in the Live Local Act, which is different than the City's definition, and otherwise comply with the City's regulations except for those pre- empted (use, height, density, floor area ratio, and parking) by the Act. (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 unless this requirement is waived or modified by the City Commission as part of a Development Agreement. (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 (where otherwise allowable) 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 unless this requirement is waived or modified by the City Commission as part of a Development Agreement. Ordinance No.24-2254 Page 7 of 76 (d) Apartments in Industrial Core district. In the Industrial Core district, apartments proposed outside of the Live Local Act 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 unless this requirement is waived or modified by the City Commission as part of a Development Agreement. 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 at least 40,000 SF (for projects 3 acres or more in size) and at least 20,000 SF (for projects up to 3 acres) 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, indoor recreational facilities/gyms, personal services,office, hotel, bake shops,theaters, and concert and event venues, or other appropriate uses allowed by the City Commission through a Planned Development. Additional uses as well as waivers to the required square footage may be allowed by the City Commission 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 unless this requirement is waived or modified by the City Commission as part of a Development Agreement. ARTICLE III: DEVELOPMENT DESIGN STANDARDS Ordinance No.24-2254 Page 8 of 76 3.2.0. Site design standards. 3.2.1.A. Table of Dimensional Standards. A35=Setbacks applied to buildings above 35'in height A35R=Setbacks applied to buildings above 35' in height and adjacent to a property in single-family residential use NR= Non-residential building height, including multi-story apartment and condominium buildings. R= Residential building height,including single-family homes and townhouses. SF=Single family detached and duplex units MF= Multi-family, including apartment units and townhouse units Setbacks Zoning Category Residential Front Side Rear Maximum Non- Maximum Minimum Dwelling Unit Maximum (Feet) (Feet) (Feet) Impervious Residential Total Size Density (Minimum or Minimum Minimum Surface Maximum Building (Units/acre) Range) Ratio Floor Area Height Per Lot Ratio A A A A A A Per Lot NR R SF MF 35 35 35 35 35 35 R R R Residential Categories Conservation 1.0 10 - - 7 - - 20 - - 5% NA 35 35 900 SF (CON) Country 0.25 20 - - 7 - - 15 - - 55% .25 35 35 900 SF Estates(CE) Low Density 4.0 20 - - 7 - 15 - - 55% .25 35 35 900 SF Residential (LDR) Medium 7.0 15 - - 5 - - 15 - - 65% .25 35 35 200 SF Density Residential (MDR-7) Medium 10.0 10 - - 5 - - 10 - - 70% .50 35 35 200 SF 650 SF Density Max.with Tiny Residential Home Communities (MDR-15) 15.0 Non-Residential and Mixed-Use Categories 17-92 10.0 15 30 30 10 20 25 10 20 25 80% 1.0 45 35 900 SF 650 SF Downtown 6.0 15 25 50 5 25 50 5 25 50 75% .75 35 35 900 SF - Neighborhood — (DTN) 25 _ DTN Non- - 15 25 50 10 25 50 15 25 50 75% .75 35 35 Residential — 25 Downtown 6.0 15 25 50 10 25 50 15 25 50 75% .75 35 35 900 SF 650 SF Storefront — (DTS) 25 Gateway(GW) 10.0 15 25 50 10 25 50 20 25 50 80% 1.0 35 35 Ordinance No.24-2254 Page 9 of 76 Setbacks Zoning Category Residential Front Side Rear Maximum Non- Maximum Minimum Dwelling Unit Maximum (Feet) (Feet) (Feet) Impervious Residential Total Size Density (Minimum or Minimum Minimum Surface Maximum Building (Units/acre) Range) Ratio Floor Area Height Per Lot Ratio A A A A A A Per Lot NR R SF MF 35 35 35 35 35 35 R R R General 10.0 15 25 50 10 25 50 20 25 50 80% 1.0 45 35 900 SF 650 SF Commercial (GC) Infill and 15.0 15 25 50 10 25 50 20 25 50 80% 1.0 50 35 900 SF 650 SF Mixed-Use (IMU) Neighborhood 7.0 15 25 50 10 25 50 20 25 50 75% .75 40 35 900 SF Commercial (NC) Transit Village 15.0 0* 10 15 5 10 15 5 15 20 80% 1.0 50 35 900 SF 650 SF Neighborhood - - (TV N) 10 10 Station 15.0 15 25 50 10 25 50 20 25 50 80% 1.0 35 35 900 SF 650 SF Workshop (SW) Industrial and Public/Institutional Light Industrial 10.0 15 25 50 10 25 50 20 25 50 70% 1.0 35 - - (L-IND) • Industrial 10.0 15 25 50 10 25 50 20 25 50 80% 1.0 45 45 - 650 SF Core(IND) Public 0 15 25 50 10 25 50 20 25 50 75% .75 45 - - /Institutional (P/I) *The setback for the Transit Village Neighborhood district shall be modified within the range to be consistent with the required street sections where applicable. Where there is not a specified street section, the front setback shall be no less than 5 feet. 3.2.0. Site design standards. D. A current survey, prepared by a surveyor, licensed in the State of Florida, should be submitted for all applications proposing construction, showing all setbacks (front, sides and rear); showing all existing structures on the property, if any and proposed additions or structures, all being fully dimensioned. However, a scaled, proportioned, accurate representation of a survey, or a survey that is re-printed so as to not be to scale but Ordinance No.24-2254 Page 10 of 76 where all relevant and necessary information to review the proposal is delineated on the survey by the surveyor, may be accepted for minor residential construction projects (i.e., fences where a permit is required, sheds, or utility buildings, but not accessory dwelling units) only where sufficient information is present to apply the relevant codes. E. Building Height. (e)The maximum height for a project developed under the Live Local Act shall not be restricted below the highest currently allowed height for a commercial or residential development building within 1 mile of the development or 3 stories, whichever is higher. For purposes of this paragraph, the term "highest currently allowed height" does not include the height of any building developed under the Act or that has received any bonus or special exception for height. If the proposed development is adjacent to, on two or more sides, a parcel zoned for single-family residential use that is within a single-family residential development with at least 25 contiguous single-family homes, the municipality may restrict the height of the proposed development to 150 percent of the tallest building on any property adjacent to the proposed development, the highest currently allowed height for the property provided in the LDC, or 3 stories, whichever is higher. For the purposes of this paragraph, the term "adjacent to" means those properties sharing more than one point of a property line, but does not include properties separated by a public road. G. Calculation of density. Density shall be the method of calculating allowable space by which residential and residential components of mixed-use projects will be calculated. The calculation of density for projects shall be as follows: (3)Live Local Act. The maximum density for projects meeting the standards of the Live Local Act shall be permitted the highest allowed density on any land in the municipality where residential development is allowed, which for interpretative purposes is 15 dwelling units per acre pursuant to LDC 3.2.0. Projects developed under the provisions of the Live Local Act may be eligible to apply for and receive a density bonus beyond the 15 dwelling unit maximum through a Planned Development at the discretion of the City Commission pursuant to the standards found in LDC 10.4.0. 7. Facades shall have a traditional base, middle, and top delineated through a change in material, texture, color, and traditional expression lines. Architectural elements and variation shall not be restricted to the primary facade. All sides of a building shall display a balanced level of quality and architectural interest, in accordance with sound Ordinance No.24-2254 Page 11 of 76 and generally accepted development and architectural practices and principles. The following minimum number of architectural elements from Subsection 8 are required and must be applied consistently, thoroughly, and in an architecturally compatible manner across the facade: a. Primary facade: Three elements. b. Secondary facade:Two elements. c. Rear facade: One element. d. Rear facade visible from a right-of-way or residential property, but not fronting a right-of-way: two elements. e. If the building is placed in a corner of two rights-of-way, an additional corner element is required. f. Apartments and townhouses where the total amount of square footage associated with the primary use exceeds 20,000 SF are required to incorporate wall offsets with a minimum depth of two feet in the form of projections or recesses spaced evenly across the facade plane, spaced no more than 30 feet apart. 3.2.0. Site design standards. 3.2.3. Design standards for non-residential, apartment, townhouse, historic, and mixed-use developments in the City of Longwood. E. Design standards for historic district properties. 1. Architectural design and materials shall be applied as follows: a. New commercial, multi-family, and mixed-use construction. New construction in the historic district shall select from one of the four accepted styles in the historic district and follow the relevant standards of this section, as well as the standards related to the specific styles in the historic district addendum. 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., and to townhouse developments within the boundaries of the Heritage Village area. Infill development status may be recommended by the community development director if the following criteria are met: Ordinance No.24-2254 Page 12 of 76 1) The property has a Station Core, MDR or LDR land use designation or a Transit Village Neighborhood zoning 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 community development director shall consider the character of the neighborhood and the compatibility of the proposed development in their recommendation to the city commission on whether to grant infill development status. 3.5.4. Plant material standards. A. To ensure that the goals of this section are met, particularly as they relate to screening and buffer performance, trees and shrubs required as part of this section shall be evergreen species. Deciduous vegetation is allowed and encouraged for variety and visual interest, particularly as part of right-of-way adjacent buffers, but only in addition to the evergreen trees and shrubs specifically required by this code. D. Right-of-way adjacent perimeter landscape areas. For the purposes of this section, right-of-way adjacent perimeter landscape areas shall mean property frontages adjacent to any public right-of-way, including SunRail. A minimum ten-foot wide landscape strip adjacent to the property line adjacent to the right-of-way (except in permitted accessways) shall be provided. Width of sidewalks shall not be included within the landscape area. For new construction, with a zero front yard setback, a landscape area shall not be required, however, street trees at 30 feet on center must be provided. 1. Plant material: A right-of-way adjacent landscape area of including no less than four ornamental/understory trees (minimum ten feet tall planting height) and 33 shrubs per 100 feet of linear frontage is required. No more than half of the trees shall be deciduous. Trees in the landscape area may be arranged to promote visibility of the business or signage. A continuous hedge of shrubs at no less than 30 inches planting height and planted no more than four feet O.C. containing no deciduous vegetation shall be installed. Shrubs and other plant material may be staggered to create visual interest, but the resulting condition must create an opaque buffer suitable for screening parked vehicles from the right-of-way. While evergreen plants and shrubs are required to meet the buffer requirements, where the buffer can sufficiently be maintained utilizing Ordinance No.24-2254 Page 13 of 76 evergreen plants and shrubs, additional deciduous plantings can be substituted for some of the required plants. Deciduous plantings can be utilized in addition to required plantings at any point. Within one year of initial planting and installation, shrubs shall have attained and be maintained at a minimum height of 36 inches and shall provide an complete, opaque vegetative hedge. Canopy trees may be substituted in place of the required ornamental/understory trees, but shall not be installed so as to interfere with power lines. Plant material shall be selected and placed in such a manner as to most effectively screen parking and loading areas and drive-thrus from view at planting. 3.5.5. Tree protection standards. A. Applicability. Trees protected under this section are those with a trunk diameter of three inches DBH (diameter at breast height) or more. B. Tree removal permit. A tree removal permit shall be required fef prior to the removal, replacement, or alteration of trees not otherwise exempted from the provisions of this section. Alteration includes damaging, topping, root pruning, cutting, hatracking, poisoning, or grade change that can be expected to adversely affect the health of protected trees and vegetation. Ordinary maintenance such as seasonal pruning or customary care shall not require a permit. C. Tree permit requirements. 1. All tree removal permit applications shall be filed with the community development 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. Tree removal and/or replacement as specified on the tree removal permit shall occur within 30 days of the issuance of a tree removal permit not associated with a site development plan.Tree removal permits associated with a site development plan shall remain valid for as long as the site development plan or site construction permit remain valid. The community development director may grant a one-time 15-day extension upon a written request from the applicant that is received prior to the expiration of the permit and where demonstrable circumstances have prevented the removal or replacement of a tree during the 30-day time period. 2. The following information depicted on a tree survey, prepared by a landscape architect or engineer licensed in the State of Florida, shall be submitted with the application, unless otherwise waived by the community development director: Ordinance No.24-2254 Page 14 of 76 a. Location and identification of all trees four inches DBH or greater (using either common or botanical name), designating trees to be retained, altered, removed, relocated, or replaced. Groups of trees in close proximity may be designated as "clumps" or "dense tree cover" with the estimated number and type(s) of trees noted. Only those trees to be removed, relocated, or replaced, or otherwise count to the requirements of this section must be named on the tree survey or site plan. The tree survey may show only that portion of the site directly involved or affected by the tree removal, as long as the survey provides sufficient information to demonstrate compliance with these tree removal permit requirements. b. Location of all existing and proposed structures, improvements, or uses of the site. c. Proposed changes, if any, in site elevations, grades and major contours. d. Location of existing or proposed utilities. e. Location of irrigation system, or drawing notes to indicate method of maintenance. 3. If any approvals have previously been provided for the site, such as a site plan, development order, variance, or plat, evidence of such approval shall be provided and may be utilized in place of the information required in subsection (2)(a) if appropriate. 4. The applicant shall flag all trees to remain on a site in a manner sufficient to allow field verification of the tree survey and in such a manner that does not damage the tree. 5. A copy of the tree removal permit shall be posted on site during construction and tree removal activities. D. Criteria for approval of tree removal permits. 1. Approval for tree removal shall only be granted on a developed lot or a lot with an application for development approval where such tree or trees unreasonably restricts the otherwise allowable use of the property. a. Where landscape buffers are required, healthy, existing trees shall be preserved as they provide a more substantive buffer than newly planted trees. The burden is on the applicant to demonstrate in writing that the trees in these areas unreasonably restrict the otherwise allowable use of the property. Ordinance No.24-2254 Page 15 of 76 2. A tree removal permit may be issued where the application is accompanied by a letter from a certified arborist indicating that the tree is diseased, injured, endangers existing structures, interferes with the safe provision of utility services, or creates a hazard to visibility for motorists. In this case, the application shall be accompanied by a letter from a certified arborist and photographic evidence indicating that the tree meets these conditions for removal. The city may require additional information, including from a site visit, to verify and confirm the findings of the arborist letter and may deny the tree removal permit on a finding that the proposal does not meet code requirements. 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 proposed for removal and replacement. 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 inches that could not be placed to the off-site tree mitigation fund pursuant to the fee schedule established by the City Commission, but the total number of planted trees on-site cannot be below ten trees per acre. 1. Replacement of non-specimen trees in good health 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) in good health 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 proposed for removal according to the original permitted landscape plan approval.;unless If the removed tree equals 24 inches Ordinance No.24-2254 Page 16 of 76 or more DBH and is in good health, the table in (3)(d) will apply.-a# the tree removed from the site was not part of the approved landscape plan, and is less than 21 inches DBH, tree replacement will not be required. If it is not feasible to place the required number of trees on a developed site, the applicant shall make a contribution equal to the number of inches that could not be placed to the off-site tree mitigation fund, but the total number of planted trees on-site cannot be brought below ten trees per acre by the removal. c. Property without an approved landscape plan. Where a developed property is not subject to an approved, documented landscape plan, replacement of a live tree in good health 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, a tree or trees totaling the amount of 10% inches DBH of the removed tree shall be replaced on site pursuant to the tree replacement table, with a minimum replacement of one 3" diameter DBH tree. the applicant may request a waiver from the community addresses the impact of the removed tree. If it is not feasible to place the required number of trees on a developed site, the applicant shall make a contribution equal to the number of inches that could not be placed to the off- site tree mitigation fund, but the total number of planted trees on-site cannot be brought below ten trees per acre by the removal. d. The tree replacement table is as follows: Diameter of existing Number of Minimum Inches Tree (DBH) Replacement Inches Diameter DBH of Required for each replacement tree tree removed Tier 1 ▪ 4" to less than 8" 1 replaced for 1 3 DBH removed Tier 2 8" to less than 24" 2 replaced for 1 3 DBH removed Tier 3 2▪ 4" to less than 30" 3 replaced for 1 4 DBH removed Tier 4 3▪ 0" and greater 5 replaced for 1 6 removed e. Plant materials used in conformance with the provisions of this Code shall conform to the Standard for Florida No. 1 or better as given in Grades and Standards for Nursery Plants, State of Florida, Department of Agriculture and Consumer Services, Tallahassee. Ordinance No.24-2254 Page 17 of 76 f. Fees collected in lieu of replacement shall be placed in an off-site tree mitigation account.The fees shall be established by the city commission. g. Trees removed illegally without a permit are subject to a three-to-one replacement, i.e. three inches replacement for each one inch removed. The established fee schedule would apply to this requirement if replacement is not feasible. h. Any retained or relocated tree shall be replaced if the tree dies within one year after final approval and replacement shall be consistent with the tree replacement table in LDC 3.5.5(D)(3)(d). i. Replacement trees shall be of a similar or greater canopy and shade potential as the tree being replaced. L Where evidence exists that a tree deemed diseased or dead by the applicant's arborist became so through deliberate action including damage suffered through construction activity or poisoning, the tree will be considered a live tree in good health. E. Approved trees. The following trees are generally approved for use in landscape plans and tree removal permits under this section, subject to review of appropriate placement on the site. installation as Evergreen species are required for replacement trees, and installation in required landscaped areas, and buffers, however deciduous species can be used in landscape areas in addition. The city manager Community Development Director may also accept requests to use approved Florida-Friendly Landscaping species for replacement. Certain understory trees and shrubs may be interchanged as appropriate. Cultivars not listed here may be accepted where appropriate. This approved tree list does not apply to single- family or duplex properties. Approved Tree Species List Canopy or Evergreen or Understory Deciduous Common Name Botanical Name American Holly Ilex opaca U E Bald Cypress(wet areas only) Taxodium distichum C D Bracken's Brown Beauty Cathedral Oak Qucrcus virginiana 'QVTIA' Chickasaw Plum Prunus angustifolia U D Chinese Elm Ulmus parvifolia C D Dahoon Holly Ilex cassine U E D.D. Blanchard Magnolia Magnoli grandiflora 'D.D. Blanchard' C E Devilwood Osmanthus americanus U E Drake Elm Ulmus parvifolia sempervirens 'Drake' C D East Palatka Holly Ilex attenuata 'East Palatka' U E Ordinance No.24-2254 Page 18 of 76 Cana Fringe Tree Chionanthus virginicus U D Highrise Oak Japanese Blueberry Elaeocarpus dentatus U E Live Oak(including Highrise, Quercus virginiana C E Cathedral) Quercus virqiniana 'SDLN'(Cathedral) Quercus virqiniana 'QVTIA'(Highrise) Loblolly Bay(wet areas only) Gordonia lasianthus U E Palms Cabbage palm (three count Sabal palmetto U E as one tree) Pink Trumpet Tree Tabebuia hetero ph y/la Red Bay Persea borbonia U E Redbud Cercis Canadensis U E Red Maple Acer rubrum C D Sshumard Oak(Red Oak) Quercus shumardii C D Slash Pine Pinus elliottii C E Southern Magnolia Magnolia grandiflora C E Magnolia qrandiflora ('Bracken's Brown Beauty') Magnolia qrandiflora ('Little Gem') Swamp Bay(wet areas only) Persea palustris U E Sweet Bay Magnolia Magnolia virginiana U E Sweet Gum Liquidambar styraciflua C D Sycamore(large spaces required, Platanus occidentalis C D intrusive root structure) Water Oak Qucrcus nigra Other Species for Shrub and Hedge Landscape and Buffer Material Evergreen or (Can Include Dwarf Varieties Where Suitable) Deciduous Common Name _ Botanical Name Camellia camellia-japenica Coontie Zamia pumila E Graceful Bamboo Bambusa textilis gracilis +ietzi Juniper Juniperus Chincsis Hetzii Lemon Bottlebrush Callistemon citrinus E Plumbago i Plumbaqo Capensis E Podocarpus Podacarpus Podocarpus macrophyllus E "Maki" Saw Palmetto Serenoa repens E Silver Saw Palmetto _ Serenoa repens 'Cinerea' E Simpson's Stopper Myrcianthes fraqrans E Southern Red Cedar Juniperus silicicola E Walter's Viburnum _ Viburnum obovatum E Wax Myrtle _ Myrica cerifera E Wax Privet Ligustrum japonicum E Wax Privet Recurve Ligustrum japonicum recurvifolium E Weeping Bottlebrush Ordinance No.24-2254 Page 19 of 76 Yaupon Holly Ilex vomitoria E 3.6.0. Mobility and parking requirements. 3.6.1. Parking space requirements. A. Table of Parking Space Requirements for Residential Uses. Type of Residential Use Number of Spaces Single-family homes and duplexes 2 per unit* Multifamily (apartment, condominiums, 1 bedroom or efficiency — 1.5 per unit townhomes, and other multifamily structures) 2 bedroom — 1.75 per unit 3 bedroom — 2 per unit (1) All parking for single-family, duplex, and townhouse developments, shall be accommodated off-street in a garage, carport, or driveway, commonly-owned parking area, or in dedicated on-street parking spaces pursuant to city standards and outside of travel lanes, and shall not be located in the front yard, except the designated driveway. (2) Where parking in the garage is proposed, the driveway shall be large enough to provide no less than one nine-foot x 18-foot parking space, except where a driveway provides access to rear garages as part of a townhouse development. (3) Parking shall not be located in the right-of-way, except where designated off-street parking spaces are proposed. Parking areas cannot include the sidewalk. (4) The required parking spaces shall be reduced by 20% pursuant to the Live Local Act for projects developed under the Act if the development meets the following requirements: (a) The development is located within one-half mile of the SunRail station. (b) The development has available parking within 600 feet of the proposed development in on-street parking, parking lots, or parking garages that is available for use by residents of the proposed development. B. Table of parking space requirements for nonresidential uses. Type of Activity Number of Spaces Assembly facilities (any facility with an 1 per 150 SF GLA used for public assembly or 1 auditorium,sanctuary, or other such assembly per 3 seats in main assembly room,whichever is and gathering place whether fixed seats or open greater area) Convenience stores 1 per 200 SF GFA 2 per stall (when with gas station) General commercial, including retail, day care 3 per 1,000 SF centers,financial institutions, office Gasoline stations 2 per stall plus 1/500 SF of office Ordinance No.24-2254 Page 20 of 76 Group lodging facilities, such as rooming houses, 1 for each 2 sleeping spaces plus 1 per boardinghouses, residential care homes, or employee**on the largest shift • dormitories Hospitals 1 per every 2 beds plus 1/500 SF of office/clinic area Manufacturing and similar industrial uses 1 per 750 SF of manufacturing area Mini-storage facilities (storage only- no retail or 1/500 SF of office or employee work area plus wholesale selling) -any allowable vehicle storage one adjacent to each unit shall not occur in designated parking areas Nursery, plant 1 per 350 SF for primary structure 1 per 1,000 SF for outdoor sales area (including greenhouses) Nursing homes, assisted care facilities and similar 1 per employee plus 1 per each 4 beds uses Outdoor seating 0 for first 200 SF 1 per 200 SF of outdoor seating area thereafter Private schools (K-8), and similar facilities 1 per classroom plus 1/500 SF of office All public schools; private high schools shall meet Per state standards the same standard as public high schools Recreation and amusement facilities 1 space per 5 occupants plus 1/500 SF of office area Restaurant(fast-food) 1 space/75 SF GLA Restaurants (sit-down), lounges, bars,taverns, 1 space/150 SF GLA and similar facilities Vehicle repair facilities 3 per service bay, 1 per 500 SF enclosed area Vehicle sales facilities, with accessory 1 per 500 SF enclosed area, 1 per 1,500 SF display repair/body shop area, 3 per service bay Vehicle sales facilities,without accessory 1 per 500 SF enclosed area, 1 per 1,500 SF display repair/body shop area Warehousing 1/1,000 SF GLA (1) * Where parking ratios are based on seating, the number of seats to be used in the calculation shall be based on the occupancy rating of the fire department. (2) ** Where parking ratios are based on number of employees, the maximum potential number of employees shall be used. (3) Pursuant to the Live Local Act, parking requirements are eliminated for a proposed mixed-use development, as defined under the Act, within the Station Core Future Land Use. C. Parking lot design and maintenance. 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. A44 Ordinance No.24-2254 Page 21 of 76 for ed development that do no+ t Cid Code shall be brought up to code and shall meet the streets and stormwater requirements for the city. Where permits are required for resurfacing of parking lots, the parking lot shall shall otherwise be brought into compliance with this Code to the maximum extent practicable. 18. Parking lot maintenance. All parking and paved areas including drive aisles, parking spaces, curbs, and wheel stops shall be maintained in a good state of repair free of potholes, substantial cracks, ruts, broken pavement, accumulation of pools of water, and other potential hazards. Parking spaces, stop bars, directional markings, and other striping shall be routinely maintained and clearly visible and delineated. 3.6.6. Traffic Impact Analysis. A. New development that will have an impact on any transportation systems within the city shall be required to provide an analysis of those impacts.The threshold for transportation system impact shall be established in the Longwood Development Code. The traffic analysis shall include the following, unless exempted by the community development director: A. Total projected average weekday trips for the proposed development; B. Pass-by capture rate (commercial land uses only); C. Internal capture rate; D. Daily external trips based on the most recent edition of the Institute of Transportation Engineers Trip Generation Manual; and, E. Projected peak hour peak direction vehicle trips on all segments of the arterial and collector street system affected by the development proposal. 1. Design capacity of the accessed road(s); 2. The most recent available traffic counts of affected road sections as well as any major private development projects or mobility capacity projects approved by adjacent municipalities and relevant agencies where applicable. 3. Analysis of traffic distribution on the road network, including all links impacted by more than ten percent of development traffic or 500 trips per day, whichever is greater. The trip distribution shall be consistent with the "presets" contained in the approved trip generation model; Ordinance No.24-2254 Page 22 of 76 4. Necessary operational improvements to the city, county, or state maintained transportation system, in order to maintain the appropriate level of service for the roadway; 5. Justification, including appropriate references for the use of any trip generation rates, adjustment factors or traffic assignment methods not previously approved by the city; 6. The latest edition of the ITE Trip "Generation Manual shall be used to calculate these estimates. Adjustments to these estimates may be made based on special trip generation information supplied by the applicant; and 7. Other related information as required by the city. F. Determination of demand. In determining demand for available capacity for roadways, the following criteria shall be used: 1. Residential development. For proposed residential development (except withi„-- ned— clo ;cnt )`, the following trip generation rates shall be used to calculate the impact of the proposed development: Land Use Type Trips Per Day Single-family 10 Multiple-family 8 2. Nonresidential development. For all other land use categories, the impacts of development shall be measured by utilizing the average daily trip generation rate associated with the land use designation in which the proposed development shall occur, using the most recent published edition of the Institute of Traffic Engineers' Trip Generation Manual. Internal capture rates may be considered in determining traffic volumes for mixed use developments; however, the applicant shall bear the burden of demonstrating any internal capture rates of the total nonresidential trips. 3. Other methods and procedures. a. If the preliminary level of service information indicates a deficiency in roadway capacity based on adopted level of service (LOS) standards, the developer may at their option, prepare a more detailed alternative Highway Capacity Analysis or conduct a travel time and delay study following professional standards and procedures contained in the Florida Department of Transportation,Traffic Engineering Ordinance No.24-2254 Page 23 of 76 Office in its Manual for Uniform Traffic Studies at the discretion of the Public Works Director. b. For all new developments, including new subdivision plats that are anticipated to generate 500 or more trips per day, the developer shall be required to submit a traffic analysis that identifies the development's impact on the city's transportation system. c. The Public Works Director may also require the submission of a traffic analysis for developments that generate less than 500 trips per day if the site location, anticipated total trip generation circulation patterns, or other such factors, warrant a more extensive review of traffic impacts. d. The impact area for the traffic analysis shall include adjacent and connected roadway segments, as determined by the Public Works Director.The applicant may apply alternative trip allocations, together with a statement of trip allocation methodology consistent with professional standards at the discretion of the Public Works Director. e. If the alternative methodology indicates there is no deficiency in the capacity based on the adopted level of service standard, the results of the alternative methodology will be used. However, the city shall at its discretion reserve the option to have the methodology reviewed by a professional transportation engineer or transportation planner, prior to accepting the methodology. The cost for such review shall be borne by the applicant. ARTICLE V. SUPPLEMENTAL STANDARDS 5.3.0.Accessory structures. 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. Ordinance No.24-2254 Page 24 of 76 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 purpose and clearly incidental to the principal use or structure. 3. Accessory uses and structures, 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 or structure 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. Accessory dwelling units including mother-in-law suites are considered accessory structures and are allowed. Such units may provide all independent living facilities other than full kitchens. 6. Historic district. a. Accessory structures in the downtown historic future land use shall not exceed ten percent of the total lot area. b. Accessory structures shall be located in the rear or side yards. Where an appropriate accessory structure is proposed in the front yard, such as a gazebo, the structure will be reviewed for its architectural consistency with the primary structure and its impact on the public space. 5.3.3. Fences. A. Fences and walls shall be constructed in a safe, sturdy manner. Any walls visible from the public right-of-way shall be decorative, in a style, material,color,and finish consistent with the buildings on the site. B. Where a fence has horizontal or vertical support posts on only one side of the fence, those support structures shall face the interior of the property. Where a fence has support structures on both sides, a finished side shall face toward adjacent properties or right-of-way. This requirement, related only to the placement of support posts, may be waived by the Community Development Director only with the signed and notarized approval of all property owners adjoining relevant sections of a rear and side yard fence and only where the fence is not part of a pool barrier as dictated in the Florida Building Code. C. No fences or other structures will be allowed in easements dedicated for public purposes and maintained by the city public or private easements without written permission from the city or appropriate agency. As a condition of placing a fence within a public easement, the City may require the property owner to enter into a encroachment license agreement with terms acceptable to the City including Ordinance No.24-2254 Page 25 of 76 provisions requiring the removal of the fence if such interferes with the future operation, maintenance, repair or reconstruction of the easement improvements therein. D. .Fences may be placed in private utility easements, provided the owner/contractor signs a hold harmless agreement with the Cit„ f L„ od. The length „f fence located within the easement shall be minimized by placing fence along the edge of the easement where possible. All fences must comply with the standards of this section, even where a permit is not required. E. On residential and historic district properties, fences may be located in any front, side, or rear yard pursuant to these standards: 1. Fences shall not exceed 42 inches in height when placed in a front yard. Wrought iron fences that are predominantly transparent may be six feet in height when placed in a front yard. In the historic district, the maximum opacity for a front yard fence is 60 percent. 2. Fences shall not exceed eight feet in height in any side or rear yard. An eight foot fence may be permitted in the front yard on the flag portion of a flag lot. Where a lot abuts a neighboring property with an existing eight foot fence, the lot may also have an eight foot fence along that property line. 3. If a fence is built on top of a retaining wall, the combined height of the fence and retaining wall must not exceed the allowable fence height. 4. Where a residential lot abuts a nonresidential use or a ditch, waterway, or other significant grade change or safety hazard, a six foot high fence may be permitted in the front yard along the adjacent property line. 5. Where the elevation of the lot results in a eight-foot fence being lower than the fence heights on other lots along the along the extended property lines, then the fence height may be increased for consistency. 6. Fences in the historic district shall be white, except for wrought iron fences which can be black consistent with traditional application. Fences may also include columns of brick or stone consistent with the building design. F. On nonresidential, apartment, and mixed-use properties, walls and fences may not exceed eight feet in any yard. Where chain link fencing is in the front of yard of properties fronting SR 434, 17-92, or Ronald Reagan Boulevard, fences may not exceed six feet. G. Allowable perimeter fence materials shall include aluminum, treated wood, masonry, wrought iron, and vinyl except as otherwise specified. Fences may not be constructed of sheet metal or other salvage materials. All fences shall be constructed and maintained with the uniform application of materials(i.e.a missing Ordinance No.24-2254 Page 26 of 76 wood fence panel shall not be replaced with a vinyl panel). Chain link fencing is only allowed in the following situations: 1. Commercial, station core, and infill and mixed-use properties. Chain link fencing is allowed in any yard of properties with the commercial, station core, and infill and mixed-use land use designation properties. Where properties have frontage on SR 434,17-92, or Ronald Reagan Boulevard, chain link fencing in the front yard must be black or green vinyl chain link, no taller than six feet, and screened from view by a landscape buffer B. 2. Industrial(IND) land use properties. Chain link fencing is allowed in any yard of industrial property. Where properties have frontage on SR 434, 17-92, or Ronald Reagan Boulevard, chain link fencing in the front yard must be black or green vinyl chain link, no taller than six feet, and screened from view by a landscape buffer B. 3. As temporary fencing for construction sites, special events, temporary uses, as provided for by this Development Code. 4. To enclose government utility facilities, retention ponds, telecommunication towers, permitted ballfields, play areas, and other recreational uses, as well as community gardens, on institutional properties (government, church, school). Chain link fencing used in this manner must be either green or black vinyl coated. When used in a front yard, or where the chain link fence is adjacent to residential or mixed-use properties or visible from the street, it must have a landscape buffer A. This buffer requirement may be reduced at the discretion of the city manager. 5. In any yard on properties with a low-density residential (LDR) or medium- density residential (MDR) designation. H. Fences shall not obstruct visibility as required in section 3.8.0. I. Fences and walls on nonresidential property shall not obstruct any utility easement from being accessed by the City of Longwood or the appropriate agency, unless written permission is received from that agency. J. Fences must be at no point less 12" from the back of a public sidewalk. For interpretative purposes, the 12" distance is inclusive of any distance between the sidewalk and the right-of-way line. K. Vacant properties without a primary use may only be fenced with a wrought iron fence or, where otherwise allowed, a chain link fence pursuant to LDC 5.3.3 (F). Other fence designs with more than 50% opacity may be considered. L. Building permits shall be required for all fence and wall installation except as shown below: Building permit shall not he r red to plete of a existing fence. For the purpose of this section the term "minor" shall mean the Ordinance No.24-2254 Page 27 of 76 replacement of no more than 20 percent of the existing fence. A permit will be required if any portion of the fence is moved to a new location. 1. A building permit is not required on single-family or duplex properties for the installation of treated wood, vinyl, or chain link fences where those fence types are allowed.This exemption does not apply in the following situations: a. Fence materials are concrete, wrought iron, masonry or block or any installation that includes concrete/rebar reinforced posts or similar materials. b. Fence is utilized as a required pool/spa barrier. c. Fence includes vehicular gates or powered (electric, solar, etc.) gates. d. The fencing of a vacant property permitted by LDC 5.3.3 (K) 2. A separate fence permit shall not be required where the location and materials of a wood, vinyl, chain link(where allowed) or similar fence are delineated as part of another approval that requires a site inspection including a site construction permit or change of use permit. Fences and walls that have masonry, block, and concrete elements will still require a separate permit. M. The replacement of more than 50%of the total linear feet of a treated wood, vinyl, or chain link fence shall require a permit, unless a permit is exempted by LDC 5.3.3 (L). The replacement of any portion of a fence or wall that includes concrete, wrought iron, masonry or block, or similar materials shall require a permit. N. Any fence or wall required for the purpose of screening equipment, vehicle or storage by the city codes shall be a minimum of six feet in height. O. Barbed wire, electrified fences (excluding "invisible" dog fences), plain wire mesh, field fencing or sheet metal fencing shall not be allowed on any property in the city, unless required by state or federal law or regulation. P. Temporary fences are prohibited; except those temporary fences constructed of materials of professional grade used to protect construction and excavation sites or to protect plants during grading and construction and such, are allowed for the duration of an active building permit for the fenced site. Temporary fences will require a fence permit unless the fence is shown as part of a site construction permit, building permit, or similar approval. Q. Fence Maintenance Standards. Fences shall meet the following maintenance standards: M All fences shall be maintained in their original upright condition. Fences that are leaning more than one foot from their upright position shall be Ordinance No.24-2254 Page 28 of 76 considered a violation of this section. All fences will be secured and held upright with the same materials as originally constructed. (2) Missing boards, pickets, posts, or wire fabric shall be replaced immediately when the missing elements are adjacent to or clearly visible from a public right-of-way. (3) Where the boards or posts of a fence are visibly impacted by the presence of mold and mildew to the extent that significant portions of the boards or posts have broken off or appear unstable, the affected boards or posts shall be replaced. The presence of mold or mildew alone on a fence shall not warrant a violation under this section. (4) Fences that are part of a required pool barrier shall always be in compliance with the Florida Building Code and all applicable laws. M. Fence placement standards for Danbury Mill, the Landings, and Coventry. {1) Within the subdivisions known as Danbury Mill,The Landings, and Westlake Manor unit 1 (also known as Coventry), the fence placement requirements of this section shall not apply, except when the determination of a homeowners association is appealed by the applicant or by city staff.This shall not be construed to exempt fence placement from the requirement to obtain a construction permit. {2) Applications to the city for a fence permit within the subject subdivisions shall be accompanied by a letter from the homeowners association stating that the proposed fence location is approved. The city shall not issue a permit for the installation or replacement of a fence without receiving a letter of approval from the homeowners association. {3) The homeowners association shall evaluate each request for the placement of a fence consistent with the covenants and restrictions for the subdivision. Said covenants and restrictions shall be applied in a uniform and consistent manner to ensure that fence placement is appropriate to the lot and building configuration of the subdivision. {1) In the event that the application for the placement or replacement of a fence is denied due to the proposed placement being denied by the homeowners association, the applicant or city staff may appeal the decision to the city commission.The city commission shall then evaluate the r est a ording to thy, placer, ent r nts of this section they arc applied to other residential properties within the city. {5) Upon the dissolution or discontinuation of any of the above referenced homeowners associations, the standards for placement of fences as described in section 5.3.3 shall apply. Ordinance No.24-2254 Page 29 of 76 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. Reserved. 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. E. Sheds and storage buildings shall only be allowed in the interior side yard of any corncr lot. 5.4.3. Certain auto-oriented uses. O. The outside storage of recreational vehicles and/or boats may be approved as a primary use subject to a conditional use permit approved by the City Commission in districts with the Industrial Future Land Use, subject to the following conditions, unless said conditions are waived, modified, or added to as part of a conditional use permit: 1. The actual vehicle storage area shall be set back from SR 434, Highway 17- 92, Ronald Reagan Boulevard, or Florida Central Parkway by at least 500 feet. 2. Outdoor storage areas shall be screened from adjacent residential or public right-of-way (including SunRail) by a wall consistent with LDC 3.5.2(A)(9) that is eight feet in height and comprised of brick, stone or a material that duplicates the quality and material of brick or stone, including stucco, split face block, and precast concrete or synthetic walls. Any walls visible from the public right-of-way shall be decorative, in a style, material, color, and finish consistent with the buildings on the site. 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. No establishment shall be permitted to offer or provide massage therapy services within the city without a Ordinance No.24-2254 Page 30 of 76 massage therapy services permit issued pursuant to this section, unless otherwise exempted. A massage establishment may be an individual, a partnership, a corporation, a limited liability company, or another entity pursuant to state law. A. Primary use. Massage therapy establishments as a primary use are a permitted use within multi-tenant centers in the industrial future land use 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 as a primary use. 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. 3. All massage therapists must hold active licenses in good standing 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. 4. The massage therapy establishment maintains a valid massage therapy permit and business tax receipt consistent with the relevant standards of this section. B. In conjunction with other licensed uses. Massage therapy establishments that meet the following criteria shall be permitted in commercial districts outside of the industrial districts pursuant to LDC 2.3.1: 1. The massage therapy establishment holds a current state license is in good standing and 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 as defined in subsection C. {i.e. chiropractor, physician, beautician, etc.} 2. A licensed massage therapy establishment in good standing professional who has had an active license issued by the State of Florida for five continuous years and without a complaint being filed or having been found guilty of unlawful or disorderly act, conduct or disturbance during that period can operate independently and as a primary use provided they are located in multi-tenant centers or strip commercial centers,- a) The establishment is located in a development or building where 80 percent or more of the tenants or total square footage of the Ordinance No.24-2254 Page 31 of 76 center are engaged in professional services as defined in the LDC including those services in Section C. It shall be the responsibility of the applicant to provide necessary documentation from the property owner to demonstrate compliance with this section. b) The approval will be for a year and it will be the applicant's responsibility at the time of the city business license renewal to licensee is still in good standing with the State of Florida. 3. A legally-conforming salon, spa, health club, or fitness center acting as a primary use that holds a massage establishment license in good standing through the State of Florida may perform massage therapy only as an accessory to and in conjunction with other state-licensed professional services, including, acupuncturists, athletic trainers, barbers, cosmetologists, physical therapists and other, similar and related state- licensed professions. At no time shall the number of employees performing massage therapy exceed the number of employees carrying state licenses and actively engaging in that licensed profession. Body piercing salons, tanning facilities, tattoo parlors are explicitly prohibited as qualifying primary uses under this section. 4. The massage therapy establishment maintains a valid massage therapy permit and business tax receipt consistent with the relevant standards of this section. The number of massage therapists operating as an accessory to another professional service use and within any establishment shall be limited to one specific licensed massage therapist per other licensed professional (i.e. chiropractor, physician, beautician, etc.).The licenses of all manage therapists operating out of any establishment shall be posted in a location visible to all those entering the establishment. C. National chain allowance. Massage therapy establishments that meet the following criteria shall be permitted pursuant to LDC 2.3.1: 1. A massage therapy establishment that is a national chain exceeding 100 locations within the United States may operate as a primary use in multi- tenant commercial strip centers through a conditional use permit approved by the City Commission. The Commission may elect to incorporate the standards of this section as well as additional conditions as part of the CUP to ensure the intent of this section is met. 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. Ordinance No.24-2254 Page 32 of 76 3. The massage therapy establishment maintains a valid massage therapy permit and business tax receipt consistent with the relevant standards of this section. D. The following uses are exempt from the requirement to receive a massage therapy permit and massage therapy is allowed as an accessory use to these uses in any district where the primary use is allowed: hospital, nursing home, assisted living facility, medical clinic, or the office of a physician, surgeon, physical therapist, chiropractor, or osteopath duly licensed by this state where massage therapy is practiced as an accessory to other licensed medical functions. E. Each request to establish a perform massage therapy services office shall require an notarized application and permit approval by the community development department independent of and prior to the issuance of a business tax receipt unless otherwise exempted. The application must be signed by the property owner and, where applicable, the owner of the building or multi-tenant center indicating compliance with this section. 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,ard/or location, and staffing. E. Permit approval will be for a maximum of one year and it will be the applicant's responsibility at the time of the city business tax receipt renewal to re-submit the applicable documentation and proof that the licensee is still in good standing with the State of Florida. D. All massage therapists must have held an active and uninterrupted State of Florida Massage Therap^Ticense the last two ars, a st be able to cument as operated lawfully and without a complaint being filed or having been found guilty F. Massage therapy establishments in any district shall have their permit approval revoked and shall be required to close immediately upon a finding by the Longwood Police Department that criminal activity has been occurring occurred on the premises of the massage therapy establishment. G. Massage therapy establishments in any district shall have their massage therapy permit approval revoked and shall be required to close immediately upon a finding by the Special Magistrate that any of the following instances have occurred: 1) A permittee has given false or misleading information in their application 2) A permittee has been shown to violate applicable standards of this section. 3) A permittee no longer meets one or more of the qualifications for the massage therapy permit, including the revocation of a state license. G. The property owner is responsible for code violations related to this section and for the immediate closure of a massage therapy establishment that is operating Ordinance No.24-2254 Page 33 of 76 without a valid license or that violates the standards of this section, and is subject to a daily fine for each day the business is operational without the valid license. Any massage therapy establishment lawfully operating on the effective date of this section within any district 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(6)(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. ARTICLE VI. SIGN REGULATIONS 6.1.4. Definitions. Electronic message center(automatic): A sign on which copy changes automatically on a lampbank or through mechanical means that is integrated into a monument sign or onto a building as a permanent sign. Such definition excludes a "gateway sign" or any part thereof that is permitted pursuant to this article. 6.2.2. Specifically. The following signs are expressly prohibited unless exempted by this Code or expressly authorized by this Code: D. Signs with visible flashing, moving, revolving, or rotating parts or visible mechanical movement of any description or other apparent visible movement achieved by electrical, electronic, or mechanical means, as authorized by this code including except for traditional barber poles and permitted electronic message centers. F. Signs with lights or illuminations that flash, move, rotate, scintillate, blink, flicker, or vary in intensity or color except as authorized by this code. for time temperature date signs. Ordinance No.24-2254 Page 34 of 76 Sign Type Copy Area Max. Max. Size Max. Material Lighting Additional Height Number Standards Monument •1 SF per LF •15 feet •External •1 •Brick, •Direct •Base and body Sign of Primary or support monument decorative •Indirect must be at least Secondary structure sign per block, stone, 75 percent and Facade may be 25% frontage stucco, metal, no more than •Max 150 SF more than •Max 3 or alternative 125 percent of per sign copy area monument material of like the width of the •Max. 350 SF signs per quality, copy area. per development appearance, •Consistent development and function with the style, •Where stucco color, material, or metal is and finish of the used, principal decorative buildings on embellishments site. or a planter •Monument bed shall be signs may have incorporated to a clear area avoid a flat, between the plain look base and the signage, but the clear area shall be no more than one-third of the height of the copy area of the sign, and the sign shall be no taller than ten feet when a clear area is included in the sign design. Building Sign •2 SF of copy •May •No •No •Durable, •Direct •Signage on •Cabinet area per 1 LF exceed requirement requirement permanent •Indirect building facades •Channel of the beyond total beyond total materials that are letter corresponding roofline copy area copy area adjacent to •Painted wall business by 25% single-family •Awning facade of the residential uses Signs building require a code height compliant when buffer yard attached along the Ordinance No.24-2254 Page 35 of 76 to appropriate parapet property line. wall Projecting •16 SF per •8 ft. •16 SF per •1 per street •Durable, •Direct •All fixtures Signs sign clear sign frontage permanent •Indirect shall be •Counts to from materials decorative Building Sign grade •Any Area encroachment on the public right-of-way will require a right- of-way utilization permit from the city Suspended •8 SF per sign •8 ft. •8 SF per sign •1 per •Durable, •Indirect •Must be Sign clear tenant permanent located from materials underneath an grade overhang or similar structure adjacent to the tenant Subdivision •32 SF per •8 ft. •32 SF per •2 per •Brick, •Indirect Entrance Sign sign sign subdivision decorative •Monument •64 SF per or block, stone, Sign development commercial stucco, or •Incorporated or subdivision entrance alternative Into Wall material of like •Free- quality, Standing appearance, Hanging Sign and function Canopy signs •16 SF per •May •May not •2 per •Durable, •Direct •Only allowed for service sign not exceed canopy permanent •Indirect with permitted station exceed canopy materials service stations islands canopy with gas pumps •Cabinet •Channel Letter Ordinance No.24-2254 Page 36 of 76 Window Sign •N/A •N/A • 25%of •N/A •Ne-neon-er •Indirect • Flashing the signs are • Animated window colors prohibited Sign area • No permit • 2 required Animated signs not exceeding 8SFin total are allowed within the window signage area Entryway •6 SF •3.5 ft. 6 SF •4 per •Durable, •Direct • Located Signage development permanent within 5 feet materials of a driveway or accessway Electronic •24 SF • •24 sf •1 per •Durable, •Direct •When this sign Message •Does not development permanent has been Center (EMC) count to total materials allowed, •Time copy area for portable signs Temperature building or shall be Date Sign monument prohibited on signs the site •EMCs shall not change their message more than once every eight seconds ATM Signage •6 SF •May •2 (1 per •6 SF •Durable, •Direct not side) permanent Indirect exceed materials canopy Ordinance No.24-2254 Page 37 of 76 Building Strip • N/A • Shall •1 LF of strip • N/A • Durable, •Direct • The lighting Lighting not lighting per 1 permanent shall be an exceed LF of building materials integral building facades that integrated decorative height face SR 434, into the or Highway 17- building architectural 92, Dog Track feature of Road, and the building, Ronald and is used Reagan Blvd. to accent building architectural elements, not to include the roof or windows • Permanent sign permit required T. "A-frame" (sandwich board) or sidewalk type signs when legible from a public street prohibited except as authorized by this code. thin the transit village „ ghborhood 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. O. Signage integrated into a construction fence associated with a construction project with an active permit 6.4.3 (A) Commercial(COM) (except Neighborhood Commercial) Land Use and Industrial (IND) Land Use Permanent Sign Allowance. Permits are required for all sign types unless otherwise noted. Signage is for non- residential developments unless otherwise noted. Single-family and duplex properties within these primary commercial categories shall utilize the standards of 6.4.3 (D). All signs shall be Ordinance No.24-2254 Page 38 of 76 Sign Type Copy Area Max. Max. Size Max. Material Lighting Additional Height Number Standards Monument •1 SF per LF of •10 ft. •External •1 •Consistent •Direct •Allowed for Sign Primary support monument with the •Indirect non-residential •15 ft. Facade or structure may sign per style, color, developments when Secondary be 25% more development material, with frontage adjacent Facade than copy and finish of on Ronald •Max 100 SF to a major area the principal Reagan Blvd. corridor per sign buildings on that are not where 15 site contributing or ft. is allowable supporting on the historic other ther side of the •Base and body must be at least right-of- 75 percent and way no more than 125 percent of the width of the copy area •Brick, decorative block, stone, stucco, or alternative material of like quality, appearance, and function •Monument signs may have a clear area between the base and the signage, but the clear area shall be no more than one-third of the height of the copy area of the sign, and the sign shall be no taller than ten feet when a Ordinance No.24-2254 Page 39 of 76 clear area is included in the sign design. Ground Sign •Max 16 SF •8 ft. •16 SF •1 per street •Wood, •Indirect •Signs shall be •Free- frontage metal, or like set back 5 feet Standing materials from the right- Hanging Sign consistent of-way with the style, color, material, and finish of the principal buildings on site •Decorative furnishings Building Sign •1 SF of copy May No size No •Direct •Signage on •Wall sign area per 1 LF exceed requirement requirement •Indirect building facades •Painted wall of the beyond total beyond total that are •Awning Sign corresponding roofline copy area copy area adjacent to business by 25%of single-family facade the residential uses •Max. 150 SF building require a code height compliant when buffer yard attached along the to appropriate parapet property line wall Projecting •16 SF per 8 ft. clear •16 SF per •1 per street •Wood, •Indirect •All fixtures Signs sign from sign frontage metal, or like shall be •Counts to grade materials decorative Building Sign consistent •Any Area with the encroachment style, color, on the public material, right-of-way will and finish of require a right- the principal of-way buildings on utilization Ordinance No.24-2254 Page 40 of 76 site permit from the •Decorative city furnishings Suspended •8 SF per sign •8 ft. •8 SF per sign •1 per •Durable, •Indirect •Must be Sign clear from tenant permanent located grade materials underneath an overhang or similar structure adjacent to the tenant Subdivision •32 SF per •8 ft. •32 SF per •2 per •Brick, •Indirect Entrance Sign sign sign subdivision decorative •Monument 64 SF per or block, stone, Sign development commercial stucco, or •Incorporated or subdivision entrance alternative Into Wall material of •Free- like quality, Standing appearance, Hanging Sign and function Window Sign •N/A •N/A • 25%of N/A -No neon or Indirect •No permit Animated the bright required required Sign window primary •Flashing signs area colors, are prohibited • 2 except for Animated "open" signs signs not exceeding 8SFin total are allowed within the window signage area Ordinance No.24-2254 Page 41 of 76 Entryway •6 SF •3.5 ft. 6 SF 4 per Durable, Direct • Located Signage development permanent within 5 materials feet of a driveway or accessway Electronic 24 SF • •24 sf 1 per Direct •Permitted only Message Does not development on properties Center (EMC) count to total with frontage -Time copy area for on Ronald Temperature building or Reagan Blvd. Date Sign monument without historic signs structures *When this sign has been allowed, portable signs shall be prohibited on the site •EMCs shall not change their message more than once every eight seconds located no closer than five feet from any right-of-way or public property unless otherwise stated (6.6.2)(H). 6.4.3(8)Station Core (STA) land use and Neighborhood Commercial Zoning-Permanent Sign Allowance. Permits are required for all sign types unless otherwise noted. Signage is for non- residential developments unless otherwise noted. Single-family and duplex properties within these primary commercial categories shall utilize the standards of 6.4.3 (D). All signs shall be located no closer than five feet from any right-of-way or public property unless otherwise stated (6.6.2)(H)_ 6.4.3(C)Downtown Historic(OH)Future Land Use Permanent Sign Allowance. Permits are required for all sign types unless otherwise noted.Signage is for non-residential developments unless otherwise noted.Single-family and duplex properties within these primary commercial categories shall Ordinance No.24-2254 Page 42 of 76 utilize the standards of 6.4.3(D).All signs shall be located no closer than five feet from any right-of-way or public property unless otherwise stated(6.6.2)(H). Sign Type Copy Area Max. Max. Size Max. Material Lighting Additional Height Number Standards Ground Sign •Max 16 SF •8 ft. •16 SF •1 per lot •Wood, •Indirect 'Signs shall be •Free- •2 for lots metal,or set back 5 Standing accessed by like feet from the Hanging Sign two parallel materials right-of-way streets consistent with the style, color, material, and finish of the principal buildings on site •Decorative furnishings Building Sign •1 SF of copy •May •No size •No •Indirect •Only allowed •Wall sign area per 1 LF not requirement requirement on storefront •Painted wall of exceed beyond total beyond total type 'Awning Sign corresponding roofline copy area copy area developments business •Signage on facade building •Max. 75 SF facades that are adjacent to single- family residential uses require a code compliant buffer yard along the appropriate property line Projecting •16 SF per 8 ft. •16 SF per sign •1 per •Wood, •Indirect •All fixtures Signs sign clear business metal,or shall be *Counts to from frontage like decorative Building Sign grade materials •Any Area consistent encroachment Ordinance No.24-2254 Page 43 of 76 with the on the public style, color, right-of-way material, will require a and finish of right-of-way the utilization principal permit from buildings on the city site •Barber pole •Decorative signs shall be furnishings considered a service icon and shall not be considered a sign for the for the purpose of determining the quantity of signs on a building or on a site. Suspended •8 SF per sign •8 ft. •8 SF per sign •1 per •Durable, •Indirect •Must be Sign clear tenant permanent located from materials underneath grade an overhang or similar structure adjacent to the tenant Subdivision •32 SF per •8 ft. •32 SF per sign •2 per •Brick, •Indirect Entrance Sign sign subdivision decorative •Incorporated •64 SF per or block, Into Wall development commercial stone, •Free- or subdivision entrance stucco, or Standing alternative Hanging Sign material of like quality, appearance, and function Ordinance No.24-2254 Page 44 of 76 Window •N/A •N/A • 25%of •N/A •Ne-neen •Indirect •Neon/LED Sign the or bright "open" signs window or similar, Animated colors outlining, and area Sign • 2 flashing signs Animated •No permit signs not required exceeding 8SFin total are allowed within the window signage area On-Site •6 SF •3.5 ft. 6 SF •4 per •Durable, •Indirect 'Allowed only Directional development permanent for non- Signage materials residential or multi-family developments 6.4.4.Specially regulated signs. G. A-frame signs. A-frame sign means a two-sided hinged sign, identifying, advertising, or directing attention to a business(es), product(s),operation(s),or service(s)sold or offered+e the building in front of which the s s located. A permit is not required for A-frame signs as long as the following standards are met: 1. Shall not be legible from a public street, unless located in the transit village Figure 12.5.12). 2. Quantity: One A-frame sign is allowed per business.To avoid the proliferation of A- Frame signs, a maximum of 3 signs may be displayed on any one property at any one time.The property owner is responsible for ensuring that the property remains in compliance with this standard which may mean rotating signage for various businesses. Where the front door of a business is directly adjacent to a public sidewalk that allows proper ADA clearance, one sign may be displayed in front of each business without regard to the 3 sign maximum. Ordinance No.24-2254 Page 45 of 76 3. Location: A-Frame signs are allowed on properties with non-residential, mixed-use, or multi-family residential uses pursuant to the standards of this section. (a) The A-Frame sign must be located on the a public or private sidewalk most immediately adjacent to the front of the business advertised (except where the sidewalk is separated by a parking area).A frame signs may be located on a with proper ADA clearance (44-inch minimum clear sidewalk area). (b) Where ADA clearance cannot be maintained, and where the speed limit of the adjacent road is 30 miles per hour or less,the A-Frame sign may be placed within 2 feet of a public sidewalk on private property within a buffer area but at no point closer than 5 feet from the property line. (c) The clear sight triangle shall be maintained, and the sign shall not block the view of motorists nor block entrances and exits, and shall not create a hazardous condition. A distance of 18 inches from curb shall be maintained. (d) Historic District. Up to a total of four signs may be placed on private property with the owner's permission or within City right-of-way near an intersection not more than 1,000 feet from the business that does not create a sight line or other hazard. 4. Maximum height:48 inches, maximum width: 24 inches. 5. Materials: Exterior quality wood, metal, or other durable material. Handbills and or similar paper attachments shall not be affixed to signs. A frame signs shall contain any endorsement or logos for any other business 6. Lighting:The sign shall not contain lighting of any kind or glare-producing surfaces 7. A-frame signs must only be displayed during operating hours for the business subject property and shall be taken in during high winds. Table 6.6.3 (A)Temporary Sign Types Non-Residential, Mixed-Use, and Multi-Family Properties Definition/Allowance Number and Size of Permit Timing Signs Allowed Required General • General • 1 standard 32 • Yes • -8 60 days up, Temporary temporary sign SF max. ground • Ground 60 40 days down Sign allowed pursuant or banner sign signs and • May be to these per parcel banners approved up to standards • Up to 2 do not 180 days where windfeather require a a permanent signs, not to permit sign is removed exceed a total during as part of an of 32 SF Election eminent domain Period action, ending Ordinance No.24-2254 Page 46 of 76 when the new permanent sign is installed • May be approved for the duration of road construction adjacent to the parcel reasonably expected to last more than 30 days Additional • Allowed on a • 1 additional 32 • No • While any Temporary parcel where a SF max. ground portion of the Sign portion of the or banner sign property or Allowances property or per parcel with building is building is for sale property for available for sale or lease sale or lease. or lease • Allowed on a • 1 32 SF max. • Yes • 90 120 days parcel or ground sign per development qualifying where the business business applying • 132 SF max. for the sign has building banner received a per qualifying business tax business receipt for a new • 1 windfeather location within sign per the prior 365 days qualifying a business tax business per 50 feet of linear or relocated frontage of business has been business, issued (maximum of 3 total windfeather signs per parcel or development regardless of number of businesses) Ordinance No.24-2254 Page 47 of 76 • Completed • 1 additional 64 • Yes • Duration of submittal of SF max. applicable permit application standard sign permit for Site (or two 32 SF Development Plan max. signs) per or Building Permit parcel on which for build-out, or the for a new or development is repaired proposed permanent sign • Designation of • 2 additional • No • Duration of Election Period by standard 32 SF election period Supervisor of max. ground plus 7 calendar Elections signs per parcel days following (or four ground the election signs of 16 SF) period for removal Temporary • Signage • As specified in • Yes • As specified in Use Permit authorized by a TUP TUP Sign Temporary Use Permit Yard Signs • 0 per parcel • No • Designation of • 11 yard signs (6 • No • Duration of Election Period by SF or less) per election period Supervisor of parcel during plus 7 calendar Elections designated days for removal election period Decorative • Ten balloons • No • Must be placed Balloons per parcel, no and removed on more than 30 the same day as inches in an event, limited diameter per to one day per balloon month per development Portable Sign • 1 32 SF max. • Yes • 10'setback from portable sign side property (not to exceed 6 lines feet in height or • Can not be 10 feet in placed in length) per Ordinance No.24-2254 Page 48 of 76 parcel and two required parking on multi-unit space center,with a • All lighting in, minimum on, or attached spacing of 200 to, any portable feet between sign shall be any two rated at not portable signs. more than 75 • Prohibited on watts. Flashing parcels or or distracting developments lights, including with an spotlights are electronic prohibited. message center • Each portable sign shall have permanently displayed the name, business address and/or phone number of the owner of the sign,with letters no larger than three inches nor intended to be read from the public right-of- way. ARTICLE VII. CONCURRENCY MANAGEMENT SYSTEM 7.1.0. General provisions. 7.1.1. Intent. Concurrency is a finding that the public facilities and services necessary to support a proposed development are available, or will be made available, concurrent with the impacts of the development.This article is intended to provide a systematic process for the review and evaluation of all proposed development for its impact on concurrency facilities and services as required by the Local Government Comprehensive Planning and Land Development Regulations Act, F.S. ch. 163, part II, and F.A.C. 9J-5.0055. Ordinance No.24-2254 Page 49 of 76 7.1.2. Purpose. The purpose of this article is to ensure that development orders and permits are conditioned on the availability of concurrent facilities which meet adopted level of service requirements established in the City of Longwood Comprehensive Plan. 7.1.3. Applicability. Unless specifically exempted below, a concurrency determination as provided for in this article, shall be made in conjunction with the following: A. Application for a construction permit pursuant to section 10.1.0. B. Application for approval of a development plan pursuant to section 10.2.0. C. Approval of a preliminary plat pursuant to section 3.3.0. 7.1.4. Adopted levels of service. The adopted level of service standards for potable water, sanitary sewer, drainage, parks and recreation, solid waste, roadways, and fire and police protection are established in the City of Longwood Comprehensive Plan. 7.1.5. Cost of studies. The cost of any study necessary to determine the impact of a development on any of the facilities for which level of service standards have been adopted shall be borne by the applicant. . Planned developments. The cit„ mission m e requirements in this section related to transportation concurrency through the planned development process until such time as the city implements a state required mobility strategy. Transportation concurrency requirements may be waived upon sufficient evidence that transportation impacts will be mitigated and multimeclal strategies have been integrated 7.2.0. Exemptions. 7.2.1. Generally. The following development shall be exempt from concurrency review: A. Residential developments which would result in the creation of one single-family dwelling, or one two-family dwelling as well as developments that entail structural alterations to single-family structures which do not change the use of the structure or land. B. Change of use, or expansion, of nonresidential developments of up to ten percent of the existing gross floor area, providing such change of use, or expansion is estimated to generate less than a cumulative 15 percent unit of utility demand.Trip generation data shall be pursuant to the latest edition of the Institute of Traffic Engineers publication, Trip Generation Manual. Multiple expansions of one development shall be cumulative. C. Construction of residential or nonresidential accessory buildings and structures, which do not create additional public facility demand. D. Actions administered through nonimpact development orders as well as other developments which do not increase demand on public facilities, such as grading or excavation of land, or structural alterations which do not include a change of use. Page 50 of 76 7.2.2. Vested developments. Developments with valid final development orders prior to July 20, 1992, shall be considered vested and exempt from concurrency management.These development orders shall include the following: A. Any development for which a valid building permit was issued prior to July 20, 1992 and has not expired. B. All vacant lots in single-family detached, single-family attached, and two-family subdivision plats that were platted and recorded prior to November 2, 1992. 7.2.3. Redevelopment projects. A. If a redevelopment proposal generates demand in excess of 110 percent of the establishment it is replacing, a concurrency review shall be required. However, the concurrency review shall only be directed to the demand generated that exceeds 110 percent of the demand of the prior existing development. B. If the proposed redevelopment generates equal or less demand than the existing development, the applicant for concurrency review shall be given a concurrency credit memorandum within 30 days of the concurrency evaluation that enables the applicant to reserve the unused capacity.The concurrency credit memorandum will expire within three years of its issuance. C. The applicant's submission of an application for a demolition permit shall initiate the concurrency review for the express purpose of issuing credits for redevelopment. Page 51 of 76 7.3.0. Criteria for concurrency. 7.3.1. Generally. No development approval as set forth in section 7.1.3 shall be granted unless the city finds that capacity for public facilities exists at, or above, the adopted level of service (LOS), or that improvements necessary to bring concurrency facilities up to their adopted LOS will be in place concurrent with the impacts of the development. The city shall find that the following criteria have been met in order for a proposed development to be found in compliance with concurrency management requirements. 7.3.2. Sanitary sewer, solid waste, drainage, potable water. The concurrency requirements for sanitary sewer, solid waste, drainage, and potable water facilities, may be met by meeting any of the following standards: A. The development approval is granted subject to the condition that at the time of the issuance of a certificate of occupancy,or its functional equivalent,the necessary facilities and services are in place and available to serve the new development. B. At the time the development order or permit is issued, the necessary facilities and services are guaranteed in an enforceable development agreement to be in place and available to serve new development at the time of the issuance of a certificate of occupancy. 7.3.3. Parks and recreation. The concurrency requirements for parks and recreational may be met by meeting any of the following standards: A. At the time the development approval is granted, the necessary facilities and services are in place or under actual construction. B. The development approval is issued subject to the condition that at the time of the issuance of a certificate of occupancy or its functional equivalent, the acreage for the necessary facilities and services to serve the new development is dedicated or acquired by the local government, or funds in the amount of the developer's fair share are committed; and, 1. The development approval is issued subject to the conditions that the necessary facilities and services needed to serve the new development area scheduled to be in place, or under actual construction, not more than one year after issuance of a certificate of occupancy or its functional equivalent, as provided in the City of Longwood five-year schedule of capital improvements; or 2. At the time the development approval is issued, the necessary facilities and services are the subject of a binding executed agreement which requires the necessary facilities and services to serve the new development to be in place or under actual construction not more than one year after issuance of a certificate of occupancy or its functional equivalent; or 3. At the time the development approval is issued, the necessary facilities and services are guaranteed in an enforceable development agreement pursuant to F.S. § Ordinance No.24-2254 Page 52 of 76 163.3220, or an agreement or development order issued pursuant to F.S. ch. 380, to be in place or under actual construction not more than one year after issuance of a certificate of occupancy or its functional equivalent. 7.3.4. Roadways. The concurrency requirements for roadways may be met by meeting any of A. At the time the development order or permit is issued, the necessary facilities and cervices are in place or under actual construction. B. A development order or permit is issued subject to the conditions that the necessary facilities and services needed to serve the new development are scheduled to be in place, or under actual construction, not more than three years in the City of Longwood five year schedule of capital improvements, or as provided in the first three years of the applicable adopted Florida Department of Transportation five year work program. C. At the time a development order or permit is issued, the necessary facilities and services are the subject of a binding executed agreement which requires the facilities n€1 s to s e the n .development to he i place e fF under actual construction no more than three s ter the—issuance a certificate of occupancy or its functional equivalent; or D. At the time a development order or permit is issued, the necessary facilities and cervices a nteed i nforceable development a nt nt to F.S. § 163.3220, to be in place or under actual construction not more than three years after issuance of a certificate of occupancy or its functional equivalent. 7.3.5. Proportionate fair share program. A. Purpose and intent. The purpose of this section is to establish a method whereby the impacts of development on transportation facilities can be mitigated by the cooperative efforts of the public and private sectors, to be known as the proportionate fair share p re.d by and intent with F.S. §163.3180(16). in the city that impact a road segment in the city concurrency management system roadway segment or segments. The proportionate fair share program does not apply to developments of regional impact (DRIB) using proportionate share under F.e §163 3180(12) `developments m eting the .de m stan.dar.ds u n.der C C §163.3180(6) or to developments exempted from concurrency as previously provided in section 3.11.1 of this chapter. C. General requirements. Ordinance No.24-2254 Page 53 of 76 (1) An applicant may choose to satisfy the transportation concurrency requirements of the city by making a proportionate fair share contribution, pursuant to the following requirements: (a) The proposed development is consistent with the Comprehensive Plan and (b) The city five year capital improvement program (CIP) includes a transportation improvement(s) that, upon completion, will accommodate additional traffic generated by the proposed development. (2) The city may choose to allow an applicant to satisfy transportation concurrency through the proportionate fair share program by contributing to an improvement that, upon completion, will accommodate additional traffic generated by the proposed development but is not contained in the CIP where one of the following apply: {a) The city adds the improvement to the five year CIP no later than the next regular Update.To qualify for consideration under this section, the proposed improvement must be reviewed by the city engineer and must determined to be financially feasible. {b) If the funds in the adopted city five year CIP arc insufficient to fully fund construction of a transportation improvement required by the concurrency managements stem thy, cit y m ortionate Fair share r. nt for another improvement which will, in the opinion of the city significantly benefit the impacted transportation system. The improvement or improvements five year CIP of the Comprehensive Plan at the next annual capital improvements clement update. (3) Any improvement project proposed to meet the developer's fair share obligation must meet generally accepted design standards for the State of Florida and the city. D. Application process. submit a proposed proportionate fair share calculation to the city engineer for revie (2) Pursuant to F.S. §163.3180(16)(e) proposed proportionate fair share mitigation for development impacts to facilities on the strategic intermodal system requires the concurrence of the Florida Department of Transportation (FDOT). development order will be prepared between the city and the applicant.The stipulations of the development order shall include but not be limited to the amount of payment, description of work and timing of payment. Ordinance No.24-2254 Page 54 of 76 E. Determining proportionate fair share obligation. (1) Proportionate fair share mitigation for concurrency impacts may include, without construction and contribution of facilities. (2) A development shall not be required to pay more than its proportionate fair share. The fair market value of the proportionate fair share mitigation for the impacted facilities shall not differ regardless of the method of mitigation. (3) The methodology used to calculate an applicant's proportionate fair share obligation shall be as provided for in F.S. 5 163.3180(12) as follows: Proportionate Share = E[[(Development Trips;)/ (SV Increase 4_)] x Cost;_} Where: Development Trips;sub\sub; = Those trips from the development that are assigned to roadway segment i and have triggered a deficiency per the concurrency management system; SV Increase;sub\sub; = cr r lu i id d by th„ „li .ibl improvement to roadway segment i per section E; Cost;sub\sub; _ Adjusted cost of the improvement to segment i. Cost shall include all improvements and associated costs, such as design, right of way acquisition, development costs directly associated with construction at the anticipated cost in the year it will be ed {1) For the purposes of determining proportionate share obligations, the city shall determine improvement costs based upon the actual cost of the improvement as the city engineer. sight of way , approved by the city and at no expense to the city. The applicant shall supply a drawing and legal description of th land and -, ertificat„ of title or titl„ rch of the land to the city at no expense to the city. If the estimated value of the right of Ordinance No.24-2254 Page 55 of 76 proportionate fair share obligation for that development, then the applicant must also pay the difference. F. Appropriation of fair share revenues. (1) Proportionate fair share revenues shall be placed in the appropriate project account for funding of scheduled improvements in the city capital improvements program. In the event of a proportionate fair share mitigation proposal for a transportation facility under the jurisdictional authority of Seminole County or the Florida projects shall be coordinated with the appropriate jurisdiction. {2) In the event a scheduled facility improvement is removed from the CIP, then the revenues collected for its construction may be applied toward the construction of development pursuant to the requirements of section C(2)(b). G. Matrix summary of proportionate fair share program. The following matrix illustrates the proportionate fair share program as established by this section: Development Concurrency if-yes7 City i=DOT Developer City End result: a +cation review to mitigation identifies formula-i-s pays into constructs Developer! submitted determine if is a project Used to existing road project contribute street level required in current calculate improvement according a city plant of service is 5 year the program the 5 year program o. impacted CIP that developer's C-142 systematic meets share in +n eve+ additional the project demand 7.4.1. Determination of demand. In determining demand for available capacity for roadways, the following criteria shall be used: A. Residential development. For proposed residential development (except within planned developments), the following trip generation rates shall be used to calculate the impact of the proposed development: Land Use Type Trips Per Day Single family 4-8 8 Ordinance No.24-2254 Page 56 of 76 B. Nonresidential development. For all other land use categories, the impacts of development shall be measured by utilizing the average daily trip generation rate associated with the land use designation in which the proposed development shall occur, using the most recent published edition of the Institute of Traffic Engineers' Trip Generation Manual. Internal capture rates may be considered in determining traffic volumes for mixed use developments; however, the applicant shall bear the burden of demonstrating any internal capture rates of the total nonresidential trips. C. Other methods and procedures. 1. If the preliminary level of service information indicates a deficiency in roadway capacity based on adopted level of service (LOS) standards (described in section 7.1.7), the developer may at his option, prepare a more detailed alternative Capacity Analysis as described in the Highway Capacity Manual (Special Report 209, Transportation Research Board, National Research council, 1985); or conduct a travel time and delay study following professional standards and procedures contained in the Florida Department of Transportation, Traffic Engineering Office in its Manual for Uniform Traffic Studies. 2. For all new developments, including new subdivision plats that are anticipated to generate 500 or more trips per day, the developer shall be required to submit a system. 3. The city manager may also require the submission of a traffic analysis for developments that generate less than 500 trips per day if the site location, anticipated total trip generation circulation patterns, or other such factors, warrant a more extensive review of traffic impacts. 1. The impact area for the traffic analysis shall include adjacent and connected roadway segments, as determined by the city manager. The applicant may apply alternative trip allocations, together with a statement of trip allocation methodology consistent with professional standards established in one or more of the following documents: a. Highway Capacity Manual, Special Report 209,Transportation Research Board, National Research Council, 1985; b. Florida Highway System Plan, "Traffic Analysis Procedures," Florida Department c. Florida Highway System Plan, "Level of Service Standards and Guidelines Manual," Florida Department of Transportation, 1988; d. Generation Manual, Institute of Transportation Engineers(latest edition); or e. Transportation and Land Development, Stover, Virgil G., Institute of Transportation Engineers, 1988. Ordinance No.24-2254 Page 57 of 76 5. If the alternative methodology indicates there is no deficiency in the capacity based on the adopted level of service standard, the results of the alternative methodology will be used. However, the city shall at its discretion reserve the option to have the odo ed by of( -,I +r- tat' + + t' planner, prior to accepting the methodology. The cost for such review shall be borne by the applicant. 7.4.2. Traffic analysis. Prior the adoption of the city's mobility strategy as required by F.S. § 163.3180, New development that will have an impact on any transportation systems within the city shall be required to provide an analysis of those impacts,along with a strategy to minimize improvements en and off site Impro„„men+ + h ad + +he ' f city commission. The threshold for transportation system impact shall be established in the by the community development director: A. Total projected average weekday trips for the proposed development; B. Pass by capture rate (commercial land uses only); C. Internal capture rate; D. Daily external trips based on the most recent edition of the Institute of Transportation Engineers Trip Generation Manual; and, E. Projected peak hour peak direction vehicle trips on all segments of the arterial and collector street system affected by the development proposal. 1. Design capacity of the accessed road(s); 2. Analysis of traffic distribution on the road network, including all links impacted by morn than ten n ent of development traffic or 500+ .day whi.•L..,yer greater.The trip distribution shall be consistent with the "presets" contained in the approved trip generation model; 3. Necessary operational improvements to the city, county, or state maintained tr- ortation s .stem order+o m ntain the at I I f f +h feadwayi 1. Justification, including appropriate references for the use of any trip generation tors or traffic en+ m +h d + I .d h the city; 5. The latest edition of the ITE Trip "Generation Manual shall be used to calculate these estimates. Adjustments to these estimates may be made based on special trip ration informations plied by the plican+. - .d , 6. Other related information as required by the city. Ordinance No.24-2254 Page 58 of 76 7.5.0. Concurrency review process. 7.5.1. Generally. A. Responsibility of Community Development Director city manager. The city manager Community Development Director shall be responsible for the administration of the concurrency management system. No final development order shall be issued for any development subject to the requirements of this article unless it meets the conditions stated herein. B. Annual status report. The city manager shall, at least annually, present a concurrency management status report to the land planning agency in sufficient time to allow its review and recommendation to the city commission for preparation of the city's capital improvement element and budget. C. Traffic counts. The city manager shall, at least annually, publish the annual average daily vehicle trips counts for the arterial and collector roadway segments affecting the city. Said traffic counts may also be collected and published for local streets as the need warrants. ARTICLE IX: HARDSHIP RELIEF AND SPECIAL EXCEPTIONS 9.1.6. Live Local Act. Any development authorized under the Live Local Act must be treated as a conforming use even after the expiration of F.S. 166.04151(7) and the development's affordability period as defined in 166.04151(7)(a). If at any point during the development's affordability period the development violates the affordability period requirement provided in F.S. 166.04151(7)(a), the development must be allowed a reasonable time to cure such violation. If the violation is not cured within a reasonable time, the development must be treated as a nonconforming use. 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 need not find that a proposal meet each criteria, but is asked to balance the weight of each criteria in arriving at a decision. 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 strict application of the Code in this instance; Ordinance No.24-2254 Page 59 of 76 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 create adverse impacts that could reasonably be expected to diminish property values, significantly and negatively impact the character of an existing neighborhood, or have a negative impact on the economic development potential 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 That the condition resulting for the request for a special exception is not so common to numerous sites,se that the request for similar special exceptions are likely to be received,t#e thus creating cumulative impacts of granting the request. 7. If the request is related to conditions that result from a land use, density, height, or other similar allowance resulting from changes in State law, the City Commission is not obligated to approve special exceptions made necessary by those changes to allow the project to meet other standards of the Longwood Development Code. 8. That the request is not self-imposed in such a manner that the applicant's argument is primarily based upon the fact that the action for which an exception is requested has already been completed. ARTICLE IX: ADMINISTRATION 10.2.0. Site development plans. 10.2.1. Generally. A. Applicability. A site development plan is required to authorize any development activity except that development activity listed in section 10.1.3 of this article. Administrative approval for projects developed under the Live Local Act shall be sought through the process detailed in this section. B. Authority of department. The department shall develop procedures for the review of site development plans.The procedures shall comply with the general procedural requirements set forth in this article. G. Formal review for site development plans. 1. Within five working days of receipt of a complete site development plan application, the applicant staff shall provide notice pursuant to the requirements for mailed notice set forth in section 10.0.6.B.1, and provide notice by e-mail to each city commissioner. The notice shall Ordinance No.24-2254 Page 60 of 76 inform the recipient that complete plans of the proposed development may be viewed at the department. Except for Live Local Act projects where administrative approval is required, €act Any city commissioner may request formal review of the site development plan by the city commission by notifying the City Manager of their intent within 15 days of receiving notice. In addition the site shall be posted pursuant to the requirements for site posting set forth in section 10.0.6.8.3. H. Density and Intensity Bonuses. For projects developed under the Live Local Act where administrative review of a request for a density or intensity bonus is required by the Act, the standards for density and intensity bonuses in LDC 10.4.3(6)(f) shall apply to the development through the site development plan process.The applicant shall provide a narrative report with the site development plan detailing how the project meets the requirements of 10.4.3(6)(f). The Community Development Director may approve a requested bonus,approve a requested or lesser bonus with reasonable conditions fairly calculated to mitigate the impact of the bonus, or deny a requested bonus. M. Where a project is approved utilizing provisions of the Live Local Act, the applicant must, prior to approval of a site development plan for the project, execute and record in the public records of Seminole County deed restrictions running with the land with terms acceptable to and enforceable by the City that: (i) prohibit any affordable housing unit from being rented or sold at a price that exceeds the threshold for housing that is affordable for low-income or moderate-income persons or to a buyer who is not eligible due to their income; (ii) is binding for at least 30 years consistent with the Live Local Act; (iii) provides for the city's enforcement remedies; (iv) provides for reporting and monitoring requirements; and (v) details the affordable housing and project conditions and restrictions, and (vi) establishes a definition for "reasonable time to cure" as referenced in F.S. 166.04151(8) as no more than 30 days from a notice of violation. Mortgage holders will be required to execute and record a subordination of their lien interest to such deed restrictions prior to or simultaneously with the recording of the deed restrictions required by this subsection. The responsibility for reporting requirements and penalties for non-compliance shall be placed on the applicant. 10.3.0. Conditional use permits. Ordinance No.24-2254 Page 61 of 76 10.3.2. Criteria for issuance. Applicants for conditional use permits shall submit a major site development plan. In addition to the requirements of section 10.2.0, the applicant shall submit a conditional use permit application form which describes how the proposed development meets the following conditions. No conditional use permit shall be approved unless the following findings are made concerning the proposed use: A. That the use or development complies with all required regulations and standards of Land Development Code and all other applicable regulations except where the Commission sees fit to expand or re-establish a non-conforming use. B. That the proposed use or development will have general compatibility and harmony with the uses and structures on adjacent and nearby properties. C. That the use or development limits to the maximum extent practicable nuisance factors detrimental to adjacent and nearby properties and the city as a whole. Nuisance factors shall include but not necessarily be limited to noise, odor, smoke, glare, electrical interference and/or mechanical vibrations. D. That the use or development is appropriately scaled to the neighborhood successfully mitigates otherwise incompatible elements. E. That necessary public utilities are available to the proposed site and have adequate capacity to service the proposed use and development. F. That the use or development is serviced by streets of adequate capacity to accommodate the traffic impacts of the proposed use. G. That screening and buffers are proposed of such type, dimension and character to improve compatibility and harmony of the proposed use and structure with the uses and structures of adjacent and nearby properties. H. That the use or development conforms to the general plans of the city as embodied in the City Comprehensive Plan. I. That the proposed use or development meets the level of service standards adopted in the Comprehensive Plan and conforms to the city's concurrency management requirements. J. That the development is supportive of the surrounding neighborhood including pedestrian and transit connectivity where applicable. K. Non-Conforming Uses. Where the Commission is considering a CUP for the expansion of a non-conforming use, the following additional criteria shall be considered: 1. The resulting condition is in the best interest of the City. 2. The applicant has provided a justification for why the non-conforming use should be expanded or re-established, and detailed efforts taken to Ordinance No.24-2254 Page 62 of 76 ensure that any negative impacts of the non-conforming use have been mitigated to the maximum extent practicable. 3. The request is not so common as to be applicable to numerous sites, thus establishing a precedent that could be reasonable expected to undermine the codes that made the use non-conforming in the first place. 4. The expansion or re-establishment of the use could not reasonably be considered detrimental to economic development goals of the City. 10.4.0. Planned development districts. 10.4.2. Minimum requirements for a planned development district approval. All planned developments shall be larger than two acres and shall otherwise include one or more of the following justifications as determined by the city commission as part of the review of the zoning map amendment: 4. The project requires the implementation of a density or intensity bonus provided for by this Land Development Code and is not a Live Local Act project. 10.4.3. Review process. The review process for a planned development district is as follows: 1. Pre-application meeting. The applicant for a planned development district 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. 6. Requirements and evaluation of PD. The applicant shall prepare a report that is submitted with the application and addresses each item in the subsections below. In considering a proposed PD for approval, the city commission shall evaluate the proposal in consideration of these criteria and approve, approve with conditions, or deny the PD application: f. Density and intensity bonuses and criteria. The city commission may elect to assign Density and bonuses for projects that would exceed the zoning district density or intensity maximums for a project, but do not exceed Ordinance No.24-2254 Page 63 of 76 the Comprehensive Plan maximums for the future land use district are eligible for density and intensity bonuses pursuant to a finding that the project meets the standards below. Density and intensity bonuses may only be granted through approval of planned development by the City Commission or through administrative site development plan approval as required by the Live Local Act for applicable projects. (1) A development may be granted only a density bonus, only an intensity bonus, or may be granted both a density and an intensity bonus. (2) The city commission (or Community Development Director for Live Local Act projects) may approve a requested bonus, approve a requested or lesser bonus with reasonable conditions fairly calculated to mitigate the impact of the bonus, or deny a requested bonus. (3) A bonus shall not be considered an entitlement. A bonus may be granted only when an applicant presents clear and convincing evidence that the proposed design, density, intensity, and mix of uses will result in a superior development that is compatible with the surrounding area and neighborhood and achieves the criteria for approval provided in this section. (4) The following design enhancements represent options for creating a superior development. While not a strict point-based system, the amount of the density bonus given should be commensurate with both the number and scale of the enhancements provided a development that meets a greater number of these enhancements is eligible for a greater bonus than a development that meets only one or two enhancements. Enhancements deemed to have a greater public benefit will be more likely to receive a density bonus at the higher end of the allowable range. If improvements to the streetscape or other public property is part of a selected option, then such improvements must be maintained by the property owner or owners of the subject development unless appropriate maintenance obligations are accepted by the city. Eligible enhancements for density bonuses include: (a) Streetscape treatment that significantly exceeds the minimum standards normally required of the development's location. (b) Preservation of a significant natural habitat, particularly where more intense development is clustered in a manner Ordinance No.24-2254 Page 64 of 76 that leaves treed areas or natural waterbodies undisturbed and protected. (c) Meaningful utilization of a natural area or water body through the provision of boardwalks, small boat ramps, or other similar features deemed desirable by the city GO-R3M-i-S4044. (d) Outdoor plazas with fountains, decorative lighting, and other features to support outdoor dining and entertainment. (e) Undergrounding of existing utilities in the right-of-way of primary corridors that are presently above ground, coordinated with the appropriate agency. (f) Entrance features that highlight prominent intersections with unique artistic features, landscaping, lighting, and other elements that help make the development a landmark and improve the visual appeal of key corridors and intersections. (g) Provision of public art.The size, amount, location, and other quantitative and qualitative features of the public art are subject to review and approval as part of the planned development. Public art installed pursuant to this part must be maintained by the property owner or owners of the subject development unless appropriate maintenance obligations are accepted by the City (h) Another enhancement not otherwise required by code that is proposed by the applicant. Examples include publicly accessible part premium transit stop nr the provision public parking. {i) Structured parking that is lined with habitable space or other suitable measures. 10.15.0 Site Alterations A. Applicability. A permit is required for all site alterations including; clearing, filling, excavating, grading, altering the grade, paving, dredging, mining, drilling or otherwise significantly disturbing or altering the soil of a site where construction is not proposed or planned. 1. Re-striping. The re-painting of existing striping and markings does not constitute an alteration provided that the parking configuration remains the same and does not Ordinance No.24-2254 Page 65 of 76 require a permit.Although a permit is not required, paint materials and applications shall be consistent with applicable Florida Department of Transportation standards. 2. Re-sealing. Properties with an approved site development plan after March 15, 2012 may see their parking areas re-sealed and re-striped consistent with that plan without acquiring a permit. Re-sealing and re-striping of parking lots with site development plans approved prior to that date will require a permit under this section and shall require all striping, signage, and other applicable elements to be brought into compliance with present ADA standards, and city standards to the maximum extent practicable. 3. Re-surfacing permits. Re-surfacing of parking lots shall require all striping, signage, and other applicable elements to be brought into compliance with present ADA standards, and city standards to the maximum extent practicable. B. Submittals. An application shall be filed on forms provided by the department. The requirements below may be waived by the Community Development Director on a recommendation from the Public Works Director or designee including where the information is deemed not applicable, or where an existing approval (site development plan, survey, etc.) will suffice for review of the permit. The following information shall be required with all applications: 1. A boundary and topographic survey should be prepared or provided for the subject property. Where applicable, topography (spot grades and contours) should extend beyond the property line at least 20-feet or as necessary to adequately define onsite and offsite drainage patterns. 2. A tree survey is required where relevant to locate any specimen trees that could be impacted by the proposed earthwork activities. 3. For permits related to parking and paved areas, a site plan shall be submitted showing the locations of proposed work and indicating the scope of work(full depth pavement repair, milling and overlaying,direct overlay,curb replacement,etc.).The site plan shall also show the location of ADA compliant parking spaces and signage. 4. For grading permits, aA grading plan should shall be developed by a professional engineer (signed and sealed) to illustrate the proposed change in grades. Cross sections, or at least a typical section, should be included along with an estimate of the proposed volume of excavating or filling in cubic yards. 5. Additional information, including but not limited to: tree protection details; temporary erosion control; impact on wetland and flood hazard areas, etc. may be required as necessary and relevant to the permit. 5. Any impacts within jurisdictional wetlands or special flood hazard areas {floodplains) would have to addre applicable sections of the City's land Development Code, including but not limited to LDC Sections 4.2.0 and 4.5.0. Ordinance No.24-2254 Page 66 of 76 C. Completeness review. The department shall review an application for site alteration approval to determine whether all necessary information has been provided. D. Review. The city engineer shall review the application and provide a recommendation to the community development director who will render a final decision approving, approving with conditions, or denying the site alteration permit. E. Protection of wetlands or natural areas. Silt fences and other erosion control best management practices should be installed before commencing land disturbing activities and shall be maintained throughout the duration of construction. Special emphasis should be given for any wetlands or natural areas, offsite properties and road rights-of-way. Trees shall be protected to the greatest extent possible as required by section 3.5.5. Tree Protection Standards. Tree removal permits will be required where applicable. F. Landscaping. For grading permits, affected areas will need to be sodded to avoid erosion and runoff. G. Inspection. City staff should be notified prior to commencing any land disturbing activities. As a condition of permits issued under this section, the applicant shall notify City staff of the intended start of work prior to commencement. City staff will periodically inspect the work activities, with a specific focus on compliance with approved permits and to observe the quality of imported fill material where applicable. Work carried out on site will be subject to a final inspection by the city engineer prior to project completion. ARTICLE XI. - GREEN BUILDING PROGRAM 9 7 A A GcncraII.. 11.0.1. Purpose. The purpose is to establish goals, programs and procedures that will help the environmental goals for the City of Longwood to define a certification based "green building" program with incentives and define new measurement parameters and reporting criteria to track the City of Longwood, Florida's performance towards its environmental goals. This ogram will promo leadership to both the private and public sectors in the arena of green building practices including resource efficiency and disaster mitigation. Specific practices are outlined below. 1) Promote a sustainable future that meets today's needs of a stable, diverse and equitable economy without compromising the ability of future generations to meet their needs. 2) Become a leader in setting policies and practicing service delivery innovations that Ordinance No.24-2254 Page 67 of 76 3) Establish a green building program to: a. Improve the economic and environmental health of the City of Longwood through measurable objectives; b. Track and analyze key indices to measure performance; and c. Provide incentives for voluntary compliance. 11.0.2. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. ASHRAE. Acronym for the American Society of Heating, Refrigeration and Air Conditioning 14ea-ti-Rgr Refrigerating and Air Conditioning Engineers (ASHRAE) to provide specific guidance on the rules and procedures used to simulate building energy use when the objective is to substantially exceed the requirements of ASHRAE Standard 90.1 2001, "Energy Standard for Buildings Except Low Rise Residential Structures." Commission. The city commission of the City of Longwood, Florida. Conserve Florida. Name of a statewide water conservation effort by water management allow public water supply utilities to tailor cost effective conservation programs to reflect their individual circumstances to achieve gr ater water use efficiency. Construction. Any project associated with the creation, development, or erection of any building eligible for the program. Current. The standard in place at the time a program participant submits a project application form with the City of Longwood, Florida. FBC. Acronym for the Florida Building Commission. FGBC. Acronym for the Florida Green Building Coalition, Inc., a Florida 501(c)3 not for iar-efit-c-ar-par-ati-eia-wil-ase-Ra-i5s-i-en-i-s-te-estabi-i-sh-ai:KI-Fs-ailatai-n-a-F-14r-i-el-a-systensi-ef-statewide green building standards and third party certification programs with environmental and economic benefits. best practices for all local government functions. Federal tax credit for energy efficient homes. Refers to the tax credit recognized by the U.S. Internal Revenue Service for the construction of a home. Federal tax credit for solar energy systems. Refers to the tax credit recognized by the U.S. Internal Revenue Service for the installation of qualified residential solar water heating or photovoltaic systems. programs. The nine principles are to locate the right plant in the right place, water efficiently, Ordinance No.24-2254 Page 68 of 76 fertilize appropriately, mulch, attract wildlife, manage pests responsibly, recycle, reduce ;tormwater runoff and protect the waterfront. Florida green lodging. A program by the Florida Department of Environmental Protection to designate lodging establishments as "green" for following environmentally sensitive operating procedures. Florida Solar Energy Center(FSEC). As the state of Florida's energy research institute, FSEC Fuels, Fuel Cells and other advanced energy technologies. Florida solar energy system incentives program. A program of state law providing for rebates for the installation of qualified solar energy systems, codified at section F.S. § 377.806. Florida water star program. A third party certification program offered by water management districts to encourage water efficiency in household appliances, plumbing fixtures, irrigation systems and landscapes. Florida yard and neighborhoods. A University of Florida Extension Service program that that protect the natural environment for future generations. GBI. Acronym for the green building initiative, a not for profit organization whose mission is to accelerate the adoption of building practices that result in energy efficient, healthier and environmentally sustainable buildings by promoting credible and practical green building approaches for residential and commercial construction. Coalition, Inc. Green building. A designation given to buildings that have achieved the requirements of the green building rating system defined in this green building program. Green building program. The program outlined in this ordinance for obtaining incentives for green buildings and developments. HERS® index. The home energy rating system index used as part of Florida's Home Energy purchased Independent or independent of the City of Longwood. Not employed by, or acting as agents of, the City of Longwood. IBHS(Institute for Business and Home Safety). An insurance and reinsurance organization whose mission is to reduce the social and economic effects of natural disasters and other property losses by conducting research and advocating improved construction, maintenance and preparation practices. Ordinance No.24-2254 Page 69 of 76 Jurisdiction. Refers the City of Longwood, Florida. LEED. The Leadership in Energy and Environmental Design Rating System of the U.S. Green. Building Council. Builders, Washington bared trade association whose mission is to enhance the climate for housing and the building industry. Positively Green Project. A building project that generates more energy on site through renewable sources than it uses on an annual basis while providing for its water needs through non renewables using procedures in ASHRAE 90.1 Appendix G. rating procedure. Pro m The City of 1 ongwood's Green R ildi rt all requirements associated with the program for a particular project. Program participant. ARy perms er entity seeking program certification for a particular project. Project. Any construction associated with the cr ation, development, or erection of any building eligible for the program. Project application form. The form submitted to the City of Longwood indicating that a Sub program. Meaalas-any area of construction covered by the program. Sustainable construction Then of^ ntally sensitive, resource efficient site selection do .de str ctio nd ati f h it d' Unit. A r sideRee n mitteal a ording to the Fl ida B it i C d (FBC) USGBC. Acronym for the United States Green Building Council, a non profit organization whose mission is to transform the way buildings and communities arc designed, built and operated, enabling an environmentally and socially responsible, healthy and prosperous environment that improves the quality of life. to a green building program, the City of Longwood, Florida shall to the maximum extent practicable comply with the green building programs established herein for all government buildings, and shall: 1) Track and report the government's monthly water and energy use; and 2) Publish an annual report that-outlines the City of LLehgweed, Florida's energy and water use for the prior year and outlines a plan to reduce it for the coming year. Ordinance No.24-2254 Page 70 of 76 be administered by the City of Longwood, Florida's community development department, which shall be responsible for, but not be limited to, the following: 1) Marketing the program to the community by any reasonably effective means; 2) Developing any appropriate or necessary application procedures, including but not limited to, the program application form; 3) Writing policies and procedures for staff implementation of the green building ff-eg-Fami 4) Providing the certifications for use in the program; and 5) Resolving disputes that may arise from implementing the program. {Ord. No. 18 2136, § 3, 6 18 2018) 11.0.5. Applicability. The standards of this section shall apply to private and public projects on a 1) A written narrative describing the strategies being used to meet the standards of the applicable standards described in section 11.0.7. 2) Supporting documentation showing conformance with the prerequisites and/or point system of the standards described in section 11.0.7. 3) Any additional information deemed necessary by the community development {9Fel,Ne. 11 1956, § 1, 3 7 2011; Ord. No. 18 2136, § 3, 6 18 2018) 11.0.6. Green building coverage. The program shall be comprised of the following sub programs: 1) New residential construction; 2) Residential retrofitting/remodeling; 4) Existing commercial/non residential construction; and 5) Land developments. 11.0.7. Green Building Standards. In addition to the City of Longwood, Florida's Code and the developed by the Florida Green Building Coalition, the U.S. Green Building Council, the Green each subprogram as follows: Ordinance No.24-2254 Page 71 of 76 1) New residential permitted projects. New residential projects shall satisfy all of the requirements associated with either: a. The current green home designation standard of the FGBC; b. The current USGBC LEED for Homes° program; c. The current National Association of Home Builders National Green Home program; OF d. The GBI new home designation, including but not limited to, any monetary or certification requirements. 2) Remodeling of existing homes. The participant shall meet requirements of remodeling certification with either: a. The current green home designation standard of the FGBC; b. The current LEED for Homes° program; c. The current NAHB National Green Home program; or d. The GBI including but not limited to, any monetary or certification requirements. The home shall meet the requirements for "remodeling" or "existing home" of the designation. 3) New commercial or institutional buildings. The program participant shall satisfy all of the requirements associated with either: a. The current green commercial designation standard of the FGBC; bThe cu.r_rent_LE_ED_f_or Now_C onstruction derived I SGBC' I EED t' + / c cviiociaccwii oraciiocv vvvvc cccv iacriiso�occiiiTcs LEED for Schools, LEED for Health Care); or c. The Green Globes environmental assessment system for new designs including but not limited to any monetary or certification requirements. 4) Existing commercial and institutional buildings.The program participant shall satisfy all of the requirements associated with either: a. The current green commercial designation standard of the FGBC; b The current LEER for existing buildings or derived USG L€€D tingsyste � LEED for Schools, LEED for Health Care) program; or c. The Green Globes environmental assessment system for existing designs, including but not limited to any monetary or certification requirements. 5) Land developments. The participant shall satisfy all of the requirements associated with either: a. The current green development designation standard of the FGBC; b. The current LEED for neighborhoods and developments rating system program; or c. The NAHB development designation, including but not limited to any monetary or certification requirements. Ordinance No.24-2254 Page 72 of 76 11.0.8. Review. For the purpose of this section of the program, a program participant shall be bound by the standard designated for a particular subprogram unless the program participant requests to be certified under a more current version of a designated standard and the request is approved by the department of the City of Longwood, Florida responsible for administering the particular program. 11.0.9. Waiver. In order to facilitate compliance with this article, a program participant may request the city commission waive specific requirements of the Longwood Development Code, Article III, Design Standards, when such requirements are found to be an impediment to achieving the standards of the applicable subprogram as detailed in section 11.0.7. To be considered for a waiver the program participant shall submit a letter with supporting documentation necessary to demonstrate compliance with the requirements of this section to the community development department. The community development department shall review the application and submit the application along with a recommendation to the city commission for their consideration at the earliest available city commission meeting. Waivers granted under this section are contingent upon the project earning the intended certification. Should the project not receive the intended certification, the waiver shall be invalidated and the project will be required to come into compliance with all applicable codes and regulations. The waiver request shall be consistent with the following requirements, as determined by the city commission: 1) The applicant shall demonstrate to the satisfaction of the city commission that the requirement for which a waiver is being requested is in direct conflict with the standards of the programs described in section 11.0.7. 2) The resulting condition of the waiver shall not be in conflict with the Longwood Comprehensive Plan. 3) The applicant shall describe the other methods by which compliance with both the- program standards and the Development Code could be maintained, and demonstrate that the other options are not financially feasible or would otherwise jeopardize the project. {Ord. No. 11 1956, § 1, 3 7 2011; Ord. No. 18 2136, § 3, 6 18 2018) 11.0.10. Incentives. The program shall include incentives designed to encourage the use of the program. 1) All sub programs. For any voluntary program participant seeking a program certification, the City of Longwood shall provide the following fast track permitting incentives: a. Complete and compliant site plan applications for non formal review shall be processed in 20 business days. All such applications shall be accompanied by the appropriate green building program application form. Ordinance No.24-2254 Page 73 of 76 b. Complete and compliant building permit applications for residential and commercial green buildings shall be processed in seven business days. All such applications shall he ed by the iate g „ builds l' t' f 2) Reduced site plan review fee. For all projects there shall be a ten percent reduction of the site plan review fee. The reduction amount shall be refunded following the issuance of a certificate of occupancy when the applicant provides the following informat.ion_demonstr ti scomplianee with the applicable * d v sou acii� described in section 11.0.7: a. Proof of program certification. b. Program scorecard or other documentation showing how certification requirements were met. c. Where applicable, receipt showing amount paid for program certification fee. 3) Marketing for all sub programs. For any program participant seeking program certification the City of Longwood, Florida's general government shall provide the following marketing incentives to the maximum extent practicable, including but not limited to: a. The inclusion of program participants on a webpage dedicated to the program; b. Press releases; c. Information about available financial programs, including but not limited to, those associated with Fannie Mae/Freddie Mac; d. Provision of website links to local sustainable businesses and green building materials; or c. Cooperation with local banking, realtors, and insurance companies to make green building more affordable. 1) Green building award. For the purpose of publicly recognizing outstanding commitment to "green building," the program shall provide for an award called the "Green Building Award" to be awarded annually by the City of Longwood to one program participant. 5) Special green contribution award. The City of Longwood shall annually provide a special recognition award to those contractors that donate significant reusable building materials to non pc-efit-4e€a.l building organizations. (Ord. No. 11 1956, § 1, 3 7 2011} 11.0.11. Certification. The application may be subject to-Ge i#ic-ation by a qualified third section of the program, "third party" means any person or entity authorized according to the requirements of the standard for a particular project. 11.0.12. Education and training. The City of Longwood shall attempt to make available a Ordinance No.24-2254 Page 74 of 76 general nature(not product specific). Organizations shall contact the City of Longwood to make arrangements. The City of Longwood' ent staff shall be have at lust one LEED certified planner on staff {Ord. No. 18 2136, § 3, 6 18 2018) 11.0.13. Index and report. The goals and objectives of the program and their status shall be responsible for this indexing and reporting. 11.0.14. Program review. 1) Staff review.The City of Longwood, Florida shall provide for a review of the program to determine the need for changes in the program to increase it effectiveness. 2) Frequency. The program shall be subject to review one year after the effective date of this ordinance and thereafter at a frequency of not more than once per year. 3) Purpose. The purpose of reviewing the program includes but is not limited to updating program incentives, recommending program or marketing changes to the City—of Lengwood�reviewing suggestions made—by--progra ticipants a d {Ord. No. 10 1915, § 1, 5 3 2010) 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: July 10, 2024 FIRST READING: July 22, 2024 Ordinance No.24-2254 Page 75 of 76 SECOND READING AND ADOPTION: August 5, 2024 PASSED AND ADOPTED THIS 5th DAY OF August, 2024 CITY COMMISSION CITY OF LONGWOOD, FL IDA N-#140 Vg MATTHEW MCMILLAN, MAYOR ATT ST ICHEL O , , FCRM, CITY CLERK Approved as to form and legality for the use and reliance of the City of Longwood, Florida, only. � DANIEL W. LA ,2Y ATTORNEY Ordinance No.24-2254 Page 76 of 76