Longwood City Zoning Code

ARTICLE V

- SUPPLEMENTAL STANDARDS

5.1.0. - Generally.

Certain uses have characteristics that require the imposition of development standards in addition to those otherwise required by this LDC. Such standards are provided for home occupation uses, accessory structures, specific land use activities listed in section 5.4.0, and temporary uses. These standards shall be met by all new development and redevelopment in the City of Longwood.

5.3.0. - Accessory structures.

[Intent.] It is the intent of this section to regulate the installation, configuration, and use of accessory structures, and the conduct of accessory uses, in order to ensure that they are not harmful either aesthetically or physically to residents and surrounding areas.

Generally. Any number of different accessory structures may be located on a parcel, provided that the following requirements are met:

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.

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.

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.

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.

Accessory dwelling units including mother-in-law suites are considered accessory structures and are allowed.

Historic district.

Accessory structures in the downtown historic future land use shall not exceed ten percent of the total lot area.

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.

Accessory structure setbacks.

Accessory structures including, but not limited to, accessory dwelling units, sheds, screen enclosures, dumpster enclosures, decks, patios, swimming pools, hot tubs, and their associated deck/patio areas, attached canopies, may encroach into the side and rear setbacks and shall maintain a distance from the property line of no less than seven feet (or three feet in MDR-15 and MDR-7, or five feet for necessary equipment such as condenser units and pool pumps) except as stated within the Code, development order or city approved HOA documents or covenants.

Where a property is located within a commercial or industrial zoning district and is located adjacent to another commercial or industrial property, the setback for an accessory structure may be reduced to three feet in instances where the seven foot requirement is deemed impractical by the community development director.

Standalone buildings such as accessory dwelling units, sheds, and detached garages that exceed 200 square feet and/or ten feet in height shall meet the primary structure setbacks for the property.

Where the side setback in a district is less than seven feet, the accessory structure encroachment shall be reduced to match the principal setback.

For single-family homes, duplexes, and townhomes, accessory structures shall not project beyond the established front building line of the main residence.

For platted subdivisions which include buildings with zero lot lines, accessory structure setbacks may be reduced to three feet.

The community development director may reduce setback requirements for properties where:

A patio area or similar accessory structure is proposed and fully enclosed by a permitted opaque fence or wall, as long as the structure does not exceed the height of the proposed fence or wall.

The property was built in a subdivision that was approved as a planned unit development prior to 2001, and the setback reduction would allow the accessory structure to better meet existing neighborhood characteristics.

Accessory structure height. Accessory structures shall not exceed a height of 15 feet. Structures attached to primary buildings (i.e. screened porches or car ports) may exceed the height for accessory structures but may not exceed the height of the primary structure.

Size. Residential accessory structures such as accessory dwelling units, garages, sheds and carports shall not be larger than 50 percent of the size of the primary structure. Where the primary structure is below 1,200 square feet, the accessory structure may be 75 percent of the size of the primary structure.

The community development director may allow increases in the size and height of accessory structures for non-residential projects where the accessory structure is an inextricable function of an otherwise allowable primary use, or where the size or height restrictions create a practical or safety-related difficulty in the function of the primary use.

(Ord. No. 11-1976, § 1, 11-21-2011; Ord. No. 14-2049, § 1, 4-20-2015; Ord. No. 18-2136, § 1, 6-18-2018; Ord. No. 20-2170, § 1, 2-17-2020; Ord. No. 20-2189, § 1, 10-19-2020; Ord. No. 22-2219, § 1(Exh. A), 4-18-2022; Ord. No. 24-2254, § 1, 8-5-2024)

5.3.1. Swimming pools.

Where the swimming pool, hot tub, etc. is not located within a screen or other enclosure, a fence shall be required, consistent with the Florida Building Code. Pools, hot tubs, and similar uses shall not be located in public easements or rights-of-way unless written permission is provided from the entity with authority over the easement or right-of-way.

An enclosure of a swimming pool, hot tub, or similar use, whether attached or detached from the principal building, shall meet all required setbacks for the land use district in which it is located.

Swimming pools in operation within the City of Longwood shall be maintained in good working order at all times. This includes, but is not limited to maintaining an operational pump to circulate the water and proper maintenance of chemical levels within the pool to prevent the accumulation of algae and debris.

Refer to swimming pool setbacks in section 3.2.1(D) of this Land Development Code.

(Ord. No. 10-1929, § 1, 9-27-2010; Ord. No. 11-1976, § 1, 11-21-2011; Ord. No. 14-2049, § 1, 4-20-2015)

5.3.2. Television dish receivers and antennas.

A satellite dish 36 inches or less in diameter is an accessory use and shall not require a building permit for installation. A satellite dish greater than 36 inches shall require a building permit and shall not be allowed in any residential district.

Any satellite dish, regardless of size, shall conform to the site design criteria of the land use district in which it is located, including setbacks and height limitations.

(Ord. No. 16-2107, § 1, 2-6-2017)

5.3.3. Fences.

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.

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.

No fences or other structures will be allowed in 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 provisions requiring the removal of the fence if such interferes with the future operation, maintenance, repair or reconstruction of the easement improvements therein.

All fences must comply with the standards of this section, even where a permit is not required.

On residential and historic district properties, fences may be located in any front, side, or rear yard pursuant to these standards:

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.

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.

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.

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.

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.

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.

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.

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 wood fence panel shall not be replaced with a vinyl panel). Chain link fencing is only allowed in the following situations:

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.

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.

As temporary fencing for construction sites, special events, temporary uses, as provided for by this Development Code.

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.

In any yard on properties with a low-density residential (LDR) or medium-density residential (MDR) designation.

Fences shall not obstruct visibility as required in section 3.8.0.

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.

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.

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.

Building permits shall be required for all fence and wall installation except as shown below:

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:

Fence materials are concrete, wrought iron, masonry or block or any installation that includes concrete/rebar reinforced posts or similar materials.

Fence is utilized as a required pool/spa barrier.

Fence includes vehicular gates or powered (electric, solar, etc.) gates.

The fencing of a vacant property permitted by LDC 5.3.3(K).

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.

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.

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.

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.

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.

Fence Maintenance Standards. Fences shall meet the following maintenance standards:

(1)

All fences shall be maintained in their original upright condition. Fences that are leaning more than one foot from their upright position shall be 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.

(Ord. No. 06-1800, § 5, 8-7-2006; Ord. No. 07-1833, § 1, 11-19-2007; Ord. No. 10-1929, § 1, 9-27-2010; Ord. No. 11-1956, § 1, 3-7-2011; Ord. No. 11-1969, § 1, 8-15-2011; Ord. No. 11-1976, § 1, 11-21-2011; Ord. No. 12-1992, § 1, 9-4-2012; Ord. No. 14-2025, § 1, 5-5-2014; Ord. No. 17-2129, § 1, 12-18-2017; Ord. No. 19-2156, § 1, 9-16-2019; Ord. No. 22-2219, § 1(Exh. A), 4-18-2022; Ord. No. 23-2240, § 1, 10-2-2023; Ord. No. 24-2254, § 1, 8-5-2024)

5.3.4. Sheds and storage buildings.

Any number of sheds or storage buildings may be allowed, subject to full compliance with the standards of this section.

Reserved.

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.

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.

(Ord. No. 11-1976, § 1, 11-21-2011; Ord. No. 16-2088, § 1, 6-20-2016; Ord. No. 18-2136, § 1, 6-18-2018; Ord. No. 24-2254, § 1, 8-5-2024)

5.3.5. Canopies. A canopy structure used as a carport, boat cover, or other similar use shall not locate within any required setback. All canopies will fully comply with all building code requirements, such as but not limited to, wind load standards and requirements for anchoring.

Canopies for gas stations. Gas station canopies may exceed the accessory structure height to 22 feet.

(Ord. No. 20-2170, § 1, 2-17-2020

5.3.6. Portable temporary storage units.

Portable temporary storage units shall be allowed on properties within the city subject to the following requirements:

Each portable temporary storage unit (PTSU) shall not exceed nine feet in width, 16 feet in length, and ten feet in height.

The PTSU shall remain on the property no longer than 30 days for each stay including the days of delivery and removal. Multiple units may be utilized, provided all of the units are delivered and removed simultaneously. A minimum of 90 days shall elapse between stays.

In the case of a residential use, the PTSU shall be placed in an existing driveway serving the property, a side yard or rear yard. The PTSU shall not occupy a front yard or a side yard functioning as a front yard unless placed on an existing driveway. No minimum setbacks are required, but in no case shall the PTSU block or encroach upon sidewalks, public or private rights-of-way, or other properties, or obstruct motorist visibility. A PTSU shall not be utilized as a primary use or as a habitable structure.

In the case of commercial or industrial use, the PTSU may occupy parking spaces or loading areas assigned or owned by the business tenant or property owner subject to approval by the city.

PTSUs shall be allowed an extended stay of more than 30 days on residential properties in connection with a permit for construction activity. The PTSU may remain on the property for the duration of the construction activity but must be removed prior to the issue of a certificate of occupancy, or if the construction activity otherwise ceases. The placement of the PTSU shall be determined during the construction permit review.

Extended stays on commercial or industrial property will require a temporary use permit unless part of a previously approved site development plan.

(Ord. No. 05-1746, § 9(5.3.6), 4-4-2005; Ord. No. 11-1976, § 1, 11-21-2011; Ord. No. 19-2151, § 1, 3-4-2019)

5.3.7. Temporary structures for construction activities.

Permitting. Temporary structures used to coordinate and direct construction or for use as a sales office and authorized by a valid development order or other applicable approval shall be allowed upon receipt of a building permit. Approval may be granted by the community development director or designee for a trailer, mobile home, or similar unit including an unsold home in a new subdivision, to be used as a temporary sales office or other business facility in any district and not for residential occupancy.

Duration. The permit shall expire upon completion of the project, or within six months, whichever occurs first. The permit may be extended for one or more six-month periods following inspection by the building division to ensure need and code compliance. Upon permit expiration, the temporary structure shall be removed immediately.

Location. Construction trailers must be located on-site, outside the road right-of-way. Construction trailers may only be allowed in an easement with written permission from the city and any utilities located in the easement.

Flood zones. The location of temporary structures in flood zones is subject to section 4.5.5(E) of this LDC.

(Ord. No. 11-1956, § 1, 3-7-2011; Ord. No. 14-2049, § 1, 4-20-2015; Ord. No. 18-2136, § 3, 6-18-2018)

5.4.0. - Supplemental standards for specified land use activities.

The following uses shall comply with all site design and development standards for the land use district in which the use is located, and all site design and development standards as may apply in any overlay district, or within the corridors established in section 3.2.3. However, the uses specified below have characteristics that require additional standards to ensure compatibility with the surrounding area. These standards apply in addition to the standards for the land use district, overlay district, or corridor. Where any conflict arises in the application of standards, the stricter standard shall apply.

5.4.1. Kennels.

Commercial kennels are limited to the raising, breeding, boarding and grooming of domesticated animals. Farm animals such as pigs and chickens or exotic animals such as snakes are expressly prohibited.

All kennels shall be required to have a bufferyard B, and shall include at a minimum a six foot masonry wall.

All runs shall be equipped with drains provided every ten feet and connected to an approved sanitary facility.

No animal having a disease harmful to humans shall be boarded or maintained in the facility.

No building, or other structure, nor any outside dog run shall be located any closer than 150 feet from any residential use.

Any allowable outside door run shall be designed and include features for odor and pest control.

No kennel will utilize outside animal runs between the hours of 8:00 p.m. to 7:00 a.m. the next day. During all other times no more than three animals at a time will be allowed in outside dog runs.

All new kennels shall provide inside runs with adequate soundproofing to ensure that sound is contained on-site.

Kennels are required to receive a commercial kennel license from the Seminole County Animal Control Department after receiving a certificate of occupancy from the city.

(Ord. No. 11-1956, § 1, 3-7-2011)

5.4.2. Family day care.

A family day care facility, as defined by F.S. § 402.302, may be permitted within existing residential structures unless nuisance conditions occur. (Refer to nuisance requirements of the city Code.)

A state license shall be required to demonstrate compliance with the minimum standards established by the State of Florida and administered by the department of children and family services.

A security fence shall be provided of a type and construction to prevent children from leaving the facility unattended.

Family day care facilities shall be required to obtain an business tax receipt pursuant to the requirements of chapter 82, article II. A state license shall be required prior to issuance of a city business tax receipt.

(Ord. No. 11-1956, § 1, 3-7-2011; Ord. No. 17-2120, § 8, 7-17-2017)

5.4.3. Certain auto-oriented uses.

Location of vehicle sales and rental facilities.

No property used for vehicle sales or rental facilities shall be located within 50 feet of any property that has a future land use of LDR or MDR or is being used for any residential purposes. The distance shall be measured between the nearest property line of the vehicle sales or rental use to the nearest property line of the residential use.

Vehicle sales facilities shall not be located in multi-tenant centers or strip commercial centers.

Vehicle sales (indoor, showroom). Vehicle sales or rental facilities in which the entire operation is housed completely indoors with no outdoor storage, or display, or a vehicle service component shall be considered as a retail use for the purpose of landscape and buffers, and shall be allowable as specified in the allowable use table.

Towing companies may carry a license for accessory, wholesale vehicle sales of no more than seven vehicles at any one time and must carry a wholesale dealer license through the State of Florida. No retail vehicle sales will be allowed and the presence of any signage indicating sale to the public at the location shall be considered evidence of a code violation. All vehicles shall be buffered by an opaque fence of six feet in height and a ten-foot wide buffer B with slash pines as the preferred tree. The other supplemental standards for vehicle sales do not apply to the towing business beyond those listed in this subsection.

Vehicle rental facilities for any vehicles that are not cars, light trucks, or vans, are only allowed in the Industrial (IND) land use district.

All areas for display or sale shall be paved and shall not be elevated above the existing grade. Areas for display or sale are limited to those that are clearly marked on the approved site plan. Such areas shall not include the parking lots or parking spaces required to meet the standards of section 3.6.0.

Only motor vehicles, trailers, and marine vehicles that are operable may be sold or leased. For the sale of cars and trucks, there is a required minimum lot size of two net acres and be consistent with all other requirements of this section and the LDC.

The owner of a new or used motor vehicle, marine, recreational vehicle sale, lease or rental facility or lot shall formulate a plan and inventory for the safe storage of flammable or hazardous materials to be stored or used on the property. The inventory shall be submitted to the city prior to the building permit approval, and it shall list the type, quantity and location of these materials and be kept current pursuant to direction provided by the city.

Under no circumstances shall any vehicles, signs, banners, tents, or other items be stored, parked, displayed, or otherwise placed on public rights-of-way at any time. Tents, along with attention getting devices are permitted only with the approval of a temporary use permit, pursuant to section 58-193 of Longwood City Code.

No exterior lighting shall shine or cause glare on any abutting property.

Telephone loudspeakers or paging systems are prohibited.

All outside storage and loading areas shall be screened from view from adjacent properties with a landscape bufferyard D along the entire side and rear property lines. For properties exceeding five acres in size, the city may require a masonry wall and additional landscape buffering along rear yard, side yards and front yards if determined necessary to mitigate visual impacts of the use. To further the same goal, the city may require landscaping improvements or a contribution to the city for landscaping and irrigation improvements to be installed and maintained within the public right-of-way adjacent to the frontage of the property. No outdoor storage of inoperable vehicles, automobile parts, discarded tires, or similar materials shall be permitted.

No loading or unloading of any vehicles may occur on any public right-of-way or in any off-site location, unless prior approval has been received from the City of Longwood.

All applications for a vehicle sales or rental facility that does not currently exist on the property or for the expansion of existing legally conforming vehicle sales or rental facilities where additional lands are taken shall require a site plan consistent with all of the requirements of LDC section 10.2.0. The site plan must demonstrate full compliance with this section along with all current applicable development design standards, including, but not limited to, parking, storm-water management, setbacks, architecture, and landscape. Existing infrastructure and buildings to be used as part of a new or expanded vehicle sales or rental facility shall be treated as new construction and must comply with all design standards, including meeting all current stormwater management regulations, regardless of prior use or time unoccupied and without any credit given for existing infrastructure towards stormwater management requirements.

The city may impose conditions upon the requested vehicle sales facility and operation to mitigate against its traffic impacts concerning sales events or other events that cause high level of traffic generation to and from the property. Such conditions may include the submittal and implementation of an acceptable maintenance of traffic plan and a requirement to hire police officers to direct and regulate traffic during such events.

Vehicle service and repair and body shops are allowable uses pursuant to the following supplemental standards:

All service, repair, body and paint work shall only be conducted within an enclosed building which meets all applicable local, federal and state requirements, including health, safety and fire prevention regulations. All major overhaul, body and fender work, upholstering and welding shall be conducted within a completely enclosed building.

All spray painting shall be conducted within an approved spray booth.

No outdoor storage of inoperable vehicles, automobile parts, discarded tires, or similar materials shall be permitted.

Body shops are allowed as a primary use in the High and Light Industrial Districts pursuant to the following standards in addition to all other relevant standards in this Development Code:

Where a body shop is adjacent to a residential area, an eight-foot wall of brick, stone, or decorative pre-fabricated concrete is required.

All spray painting shall be conducted within an approved spray booth.

When adjacent to residentially-zoned property or property in residential use, all applications for a body shop shall be accompanied by an environmental mitigation plan that indicates how steps will be taken to reduce noise, smell, and other potential impacts to adjacent properties. Elements of the plan may include windows, doors, and filtration systems that reduce outside impacts.

Body shops are allowed as a primary use in the 17-92 district pursuant to the following standards in addition to all other relevant standards in this Development Code:

Where a body shop is adjacent to a residential area, an eight-foot wall of brick, stone, or decorative pre-fabricated concrete is required.

All spray painting shall be conducted within a spray booth that is reviewed and permitted by the city.

The building must be a minimum of 5,000 square feet, made of concrete block construction with a decorative exterior including a high level of architectural design.

The body shop must also include one or more related accessory uses such as, vehicle service or repair, vehicle insurance or vehicle rental.

Mechanical repairs, body and paint repairs are permitted as an accessory use to conforming facilities providing automotive, boat and recreational vehicle sales. Such repairs shall only be conducted within an enclosed building which meets all applicable local, federal and state requirements, including health, safety and fire prevention regulations.

Car washes. Vehicle service and repair and body shops are allowable uses pursuant to the following supplemental standards:

New car washes shall not be located within a one-mile radius of an existing car wash, whether or not the existing car wash is within the city limits or not. The distance shall be measured from the closest property line of each property.

Convenience stores with gasoline sales.

New convenience stores with gasoline sales shall not be located within a 1 mile radius of an existing convenience store with gasoline sales, whether or not the existing store is within the city limits or not. The distance shall be measured from the closest property line of each property. This requirement does not apply where:

(1)

A convenience store with gasoline sales is proposed in the same location as an existing convenience store with gasoline sales.

(2)

A convenience store with gasoline sale is proposed within a development that proposes removing another convenience store with gasoline sales, even if not in the same location as the existing.

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:

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.

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.

(Ord. No. 05-1746, § 10(5.4.4), 4-4-2005; Ord. No. 08-1874, § 5, 10-20-2008; Ord. No. 10-1929, § 1, 9-27-2010; Ord. No. 11-1956, § 1, 3-7-2011; Ord. No. 11-1976, § 1, 11-21-2011; Ord. No. 14-2025, § 1, 5-5-2014; Ord. No. 15-2065, § 1, 8-17-2015; Ord. No. 16-2088, § 1, 6-20-2016; Ord. No. 17-2129, § 1, 12-18-2017; Ord. No. 22-2219, § 1(Exh. A), 4-18-2022; Ord. No. 24-2254, § 1, 8-5-2024)

5.4.4. Bed and breakfast establishments.

A bed and breakfast establishment is allowable as described in section 2.3.1, provided that the residential character of the neighborhood is maintained.

The owner of the establishment shall reside in the bed and breakfast establishment. However, where an individual owns two such establishments, owner-occupancy shall be required in one establishment; the second establishment shall not require owner occupancy.

The number of guest rooms for overnight lodging shall not exceed five.

Breakfast, social events, and activities shall be limited to the lodgers in the facility, and shall not be held out to the general public.

Adequate parking shall be provided on the site of the bed and breakfast establishment.

One sign identifying the bed and breakfast establishment may be allowed and shall be limited to eight square feet.

The allowable sign shall have a color and design consistent with the color and design of the bed and breakfast establishment.

The conversion of an existing residential structure to a bed and breakfast establishment shall retain the residential appearance of the structure.

(Ord. No. 11-1956, § 1, 3-7-2011)

5.4.5. Adult entertainment establishments. All adult entertainment establishments shall comply with the standards, criteria, and procedures of chapter 10, article II of the city Code.

(Ord. No. 11-1956, § 1, 3-7-2011)

5.4.6. Nursing and convalescent facilities.

The minimum lot area shall be one acre.

The minimum frontage for the site shall be 100 feet.

Rooms or suites of rooms shall not be designed, altered or maintained for housekeeping or family, living purposes; however, full living units may be provided on-site as accessory units to the nursing facility. Such full living units shall meet all requirements, including density of the district in which the facility is located.

All nursing and convalescent facilities shall be licensed by the appropriate state and/or federal agency and shall require both county and city business tax receipts.

(Ord. No. 11-1956, § 1, 3-7-2011; Ord. No. 17-2120, § 8, 7-17-2017)

5.4.7. Reserved.

(Ord. No. 11-1956, § 1, 3-7-2011; Ord. No. 20-2170, § 1, 2-17-2020)

5.4.8. Community residential homes (CRH).

A community residential home shall be licensed by the State of Florida pursuant to F.S. § 419.001.

Community residential homes shall be used only for the purpose of providing rehabilitative or specialized care and may not be used for administrative or related office-type activities other than in support of the facility.

No counseling or other client services for nonresidents are permitted within a community residential homes project.

Community residential homes shall be similar in appearance to the prevailing character of the neighborhood. "Similar" means within 125 percent of the average floor area, building dimensions, height; architectural style, as determined by color, materials, roof design, or other architectural features, shall be similar to other dwelling units in the adjacent area.

Community residential homes shall be allowed a building sign not to exceed six square feet on the front façade of the home.

All CRH projects shall comply with a minimum of the bufferyard A requirements and shall also include a six-foot high opaque and decorative fence or wall.

A responsible supervisory person over the age of 18 years shall be on duty on the premises at all times while residents are on the premises. Minimum staffing levels required by the state or other licensing agency must be maintained at all times.

All community residential homes shall be required to obtain a City of Longwood business tax receipt. All such facilities shall comply with applicable local, state, or federal, physical plant and fire/safety standards and shall furnish proof of appropriate county, state, or federal licensure, and applicable, before issuance of a city business tax receipt.

No community residential home shall be located closer than 1,000 feet to another CRH, as measured from property line to property line.

A building or dwelling unit to be used as a community residential home shall be at least 750 square feet in area, or more where state standards require.

(Ord. No. 11-1956, § 1, 3-7-2011; Ord. No. 17-2120, § 8, 7-17-2017)

5.4.9. Group homes.

A group home, as defined in F.S. § 419.001, may house six or fewer residents.

A minimum of six-foot high wall shall be provided on the side and rear yard.

There shall be on-site full time management.

Minor on-site medical services may be provided.

Each dwelling unit occupied by the clients shall be a minimum of 750 square feet in area.

(Ord. No. 11-1956, § 1, 3-7-2011)

5.4.10. Religious institutions.

This section applies to establishments that are churches, synagogues, or other places of worship.

Uses and activities other than the primary function of worship shall be considered accessory uses and shall be clearly ancillary to the primary function. Such uses and activities, other than worship, may include religious instruction (such as "Sunday School", Bible school, or other similar instruction typically associated with the worship activities), offices to support the establishment, and meeting spaces.

Child day care, adult day care, preschool, or nursery facilities may be allowable where such facilities are not the primary use or activity, and where such use or activity is operated by the religious institution that is the principal use on the site. Where such a facility is the principal use on the site, it shall be subject to the standards that apply to commercial or institutional facilities.

Academic schools may be allowable where such facilities are not the primary use or activity, and where such use or activity is operated by the religious institution that is the principal use on the site. Where such a facility is the principal use on the site, it shall be subject to the standards that apply to school facilities.

Dining facilities may be allowable where such facilities are not the primary use or activity, where such facility is not considered a restaurant, and where such facility is operated by the religious institution that is the principal use on the site.

A community center, fellowship hall, social hall, recreation hall, or other similar gathering place is allowable as an accessory use to a religious institution when the gathering place is a function of the primary use on site.

Religious institutions that are proposed, whether new or expanded, to include one or more ancillary uses or facilities in addition to the principal place of worship, shall provide a parking plan that identifies the parking requirements of each separate use as well as the proposed parking ratio. The parking plan will identify primary times of parking requirements and demonstrate that joint uses or differing peak parking demand will not result in a parking deficiency on the site.

Religious institutions, whether new or expanded, that are proposed in a residential neighborhood, and will include one or more ancillary uses or facilities in addition to the principal place of worship, shall demonstrate the design features and methods to be used to ensure compatibility with the surrounding neighborhood.

(Ord. No. 11-1956, § 1, 3-7-2011; Ord. No. 20-2170, § 1, 2-17-2020)

5.4.11. Outdoor storage and warehousing. Outdoor storage shall only be allowed as an accessory to commercial, industrial, and mixed-use land use designated areas in accordance with an approved site plan or change of use permit, the city Codes and the following conditions:

Outdoor storage may be permitted in the rear yard, directly behind and adjacent to the industrial or commercial building. The outdoor storage yard area for commercial, station core, and infill and mixed-use properties shall be no larger than 30 percent of the floor area of that use.

Outdoor storage for the industrial (IND) land use district are allowed in the rear yard in an amount no larger than 50 percent of the property, provided that all required landscape buffers and screening and walls are provided. Outdoor storage is allowed in the side yards of parcels designated for industrial when such outdoor storage area is enclosed by a solid fence, or masonry wall if required. Outdoor storage is prohibited in front yards in all districts.

Outdoor storage areas shall be screened from adjacent residential or historic uses by a masonry wall or opaque fence of a height sufficient to screen the outdoor storage from view. Outdoor storage areas adjacent to other land uses shall require a landscape buffer one classification higher than is required in section 3.5.2, buffers required, (i.e., if bufferyard A is identified, then a bufferyard B would be required for outdoor storage).

No outside storage area, or building, shall be located in a public utility or drainage easement.

No outdoor storage may be located in a required parking area, landscape buffer, fire zone loading area, or access lane.

(Ord. No. 10-1929, § 1, 9-27-2010; Ord. No. 11-1956, § 1, 3-7-2011; Ord. No. 11-1976, § 1, 11-21-2011; Ord. No. 12-1992, § 1, 9-4-2012; Ord. No. 16-2088, § 1, 6-20-2016; Ord. No. 16-2107, § 1, 2-6-2017; Ord. No. 22-2219, § 1(Exh. A), 4-18-2022)

5.4.12. Outdoor display. Outdoor display may be allowed as an accessory to areas designated as infill and mixed-use (except in the transit village overlay), neighborhood commercial mixed use, downtown historic, and industrial in accordance with all applicable city codes and the following conditions:

Outdoor display of merchandise may be permitted within the required front, side, or rear yard areas, providing that such outdoor display shall not be located adjacent to a local residential street.

Outdoor display areas shall be set back no less than ten feet from the front right-of-way line and five feet from the side property line. Landscaping shall be installed such that outdoor display materials are not visible from any adjacent local residential street.

All display merchandise and related display equipment shall be removed at the close of business each day. No outdoor display areas shall be permitted within required parking spaces or areas, nor shall they be permitted on public sidewalks or pedestrian or vehicular access areas, parking aisles, or driveway entrances or exits.

(Ord. No. 11-1956, § 1, 3-7-2011)

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 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.

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:

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.

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.

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.

The massage therapy establishment maintains a valid massage therapy permit and business tax receipt consistent with the relevant standards of this section.

In conjunction with other licensed uses. Massage therapy establishments that meet the following criteria shall be permitted in pursuant to LDC 2.3.1:

The massage therapy establishment holds a current state license 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.

A licensed massage therapy establishment in good standing can operate independently and as a primary use provided they are located in multi-tenant centers or strip commercial centers where 80 percent or more of the tenants or total square footage of the 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.

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.

The massage therapy establishment maintains a valid massage therapy permit and business tax receipt consistent with the relevant standards of this section.

National chain allowance. Massage therapy establishments that meet the following criteria shall be permitted pursuant to LDC 2.3.1:

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.

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.

The massage therapy establishment maintains a valid massage therapy permit and business tax receipt consistent with the relevant standards of this section.

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.

Each request to perform massage therapy services shall require a 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, location, and staffing.

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.

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 occurred on the premises of the massage therapy establishment.

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:

A permittee has given false or misleading information in their application

A permittee has been shown to violate applicable standards of this section.

A permittee no longer meets one or more of the qualifications for the massage therapy permit, including the revocation of a state license.

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 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(B)(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.

(Ord. No. 11-1956, § 1, 3-7-2011; Ord. No. 13-2002, § 1, 3-18-2013; Ord. No. 16-2088, § 1, 6-20-2016; Ord. No. 18-2136, § 1, 3, 6-18-2018; Ord. No. 22-2219, § 1(Exh. A), 4-18-2022; Ord. No. 24-2254, § 1, 8-5-2024)

5.4.14. Outdoor seating areas. Outdoor seating areas are permitted as an accessory use to establishments selling food and/or alcohol for on-site consumption. All outdoor seating areas must receive approval from the community development department. Outdoor seating areas may be approved pursuant to the following standards and requirements:

An outdoor seating application along with payment of applicable fees must be submitted to the community development department.

Stand-alone restaurants and restaurants located within multi-tenant centers may be allowed outdoor seating areas that are subordinate to the principal use. Bars and other establishments which primarily serve alcohol must ensure that patrons are only seated within the delineated outdoor seating area, no standing areas are allowed in areas provided for by this section. Signage must be provided that patrons consuming alcohol are not allowed to leave the delineated outdoor seating area with an alcoholic beverage.

When located within 300 feet of the property line of a property in single-family residential use, the hours of operation are as follows:

(1)

Outdoor seating located as an accessory to a legally conforming commercial or mixed use building shall cease outdoor seating operations no later than 9:00 p.m. The hours may be extended to 12:00 a.m. where the proposed seating area is set back at least 50 feet from the property lines that are adjacent to, or facing the single-family residential properties, or where the outdoor seating area is buffered from the residential area by the primary building. The community development director may require additional landscaping or a fence where a potential negative impact is anticipated by any outdoor seating areas where the operating hours extend beyond 9:00 p.m. as a condition of permit approval.

(2)

Outdoor seating areas where alcohol is served must cease operations no later than 9:00 p.m.

Proposed outdoor seating areas for areas serving alcohol must include an aluminum picket or other decorative fence, or barricade, that is significant enough to demarcate and contain the outdoor seating area.

Proposed outdoor seating areas associated with a business located within a multi-tenant center may be located on the sidewalk directly adjacent to the building frontage of the business being served. The location of seating and service areas must not impede pedestrian access/circulation, must provide at least 44 inches of clear pedestrian way along the sidewalk, and cannot create a potentially hazardous condition. To restrict vehicle intrusion into outdoor seating areas (that are not separated by a vegetated strip), all parking spaces that are adjacent to the outdoor seating area shall have wheelstops. A letter from the property owner approving the location and hours of operation of the outdoor seating area must accompany the outdoor seating application.

Tables, chairs, umbrellas, canopies, awnings and any other items used in connection with an outdoor seating area shall be of uniform design, visually consistent with the building color, made of quality materials and workmanship, and maintained with a clean and attractive appearance and kept in good repair, to ensure the safety and convenience of users and enhance the visual quality of the area.

Outdoor seating areas must be contiguous to the business, on a paved or semi-pervious surface, and are required to meet all applicable setbacks for structures on the property. The community development director may approve up to a 30 percent reduction in any setback requirement for outdoor seating areas, upon a finding that a reduction in setback requirements will not negatively impact adjoining uses, parking, or vehicular/pedestrian circulation, and is consistent with all other provisions of the Code and that the entire property in which the outdoor seating area is to be located is brought into compliance with the current landscape requirements of article III of the Longwood Land Development Code. The setback for the outdoor seating area may also be reduced to meet the existing building setback.

Outdoor seating areas that are inconsistent with the provisions of this Code may in addition to established code enforcement procedures, be immediately closed by city law enforcement or the fire marshal. Establishments that are found in violation of this section and/or are closed by the city three times within any 12-month period shall have their outdoor seating approval revoked. Establishments that have had their approval revoked may re-apply for outdoor seating, however city commission approval for the outdoor seating shall be required. Establishments that apply for reinstatement shall be required to pay a fee which shall be established by the city commission.

Outdoor seating areas may include a walk-up window as part of the outdoor seating application, provided that the window cannot be accessed by vehicle traffic.

Outdoor seating areas will require no additional parking for the first 200 square feet. One parking space will be required for every 200 square feet of outdoor dining area thereafter. The parking requirements for outdoor seating areas are in addition to those requirements for the indoor portion of the restaurant.

Lighting for permitted outdoor seating areas including low-intensity decorative lighting, low-mounted wall fixtures, low bollards and ground-level fixtures of four feet tall or less, shall be configured to provide lighting during regular nighttime business hours while preserving the natural nighttime environment. Floodlights and high intensity bulbs shall not be used for the illumination of outdoor seating areas.

(Ord. No. 11-1956, § 1, 3-7-2011; Ord. No. 11-1961, § 1, 5-16-2011; Ord. No. 11-1976, § 1, 11-21-2011; Ord. No. 14-2025, § 1, 5-5-2014; Ord. No. 14-2049, § 1, 4-20-2015; Ord. No. 18-2136, § 3, 6-18-2018; Ord. No. 19-2151, § 1, 3-4-2019; Ord. No. 20-2170, § 1, 2-17-2020; Ord. No. 20-2189, § 1, 10-19-2020; Ord. No. 21-2201, § 1, 8-2-2021)

5.4.15. Plant nurseries.

Plant nurseries shall have a primary structure that meets all applicable codes and regulations, including this Land Development Code, the Florida Building Code, and applicable life safety codes.

Plant nurseries may have a delineated permanent outdoor sales area.

Applicants for plant nurseries must provide the following:

Management plan. The applicant shall provide a plan that addresses any probable impacts and includes any proposed mitigation measures. The plan shall include:

Description of the type of equipment necessary or intended to be used on-site and the frequency and duration of anticipated use;

Disclosure of any intent to spray or otherwise apply agricultural chemicals or pesticides on-site, the frequency and duration of application, and the plants, disease, pests or other purposes for which such chemicals or pesticides are intended to be used;

A proposed sediment and erosion control plan.

A site plan clearly depicting the proposed outdoor sales area, walkways, the location of refuse storage and collection areas, and areas for customer loading of plant materials, etc.

Any other information as may be required by the community development department to ensure that environmental and aesthetic impacts are adequately mitigated.

Potential impacts and mitigation. The director, in determining whether to approve, approve with conditions or deny the application, shall consider the potential impacts of the facility and the mitigation thereof, including:

Water quality and soils. Impacts of irrigation run-off on adjacent properties, water bodies and environmentally critical areas, and proposed sediment and erosion control measures.

Traffic and parking. Impacts related to the number of staff onsite during work hours, and the number of potential visitors regularly associated with the site.

Visual impacts and screening. Visual impacts relating to the proposed nature, location, design, and size of proposed features, structures and activities, including the location of composting activities and planting areas, and any existing or proposed screening.

Noise and odor. Impacts related to the location on the lot of the proposed urban farm, any trash or compost storage areas, any farm stand or additional accessory structure, and any other noise-generating or odor-generating equipment and practices.

Agricultural chemicals. Impacts related to the use of chemicals, including any fertilizer and pesticide.

Mechanical equipment. Impacts related to the operation of equipment, including noise, odors, and vibration.

(Ord. No. 11-1961, § 1, 5-16-2011; Ord. No. 16-2107, § 1, 2-6-2017; Ord. No. 18-2136, § 3, 6-18-2018)

5.4.16. Community gardens.

As part of the site plan required as part of an application for a conditional use, an applicant for a community garden must illustrate and explain in writing how the site will be designed and maintained to assure that water and fertilizer will not drain onto adjacent properties. In addition, the applicant shall identify the location and size of the water meter(s), the location of the hose bib(s) and the garden planting areas, and any areas provided for parking or loading.

Community gardens shall have a minimum three-foot-wide, clearly marked entrance path from the sidewalk to the garden.

The community garden must be enclosed with a fence that meets the following specifications:

The fence must be five feet tall.

Chain link fence is permitted to enclose a community garden consistent with LDC section 5.3.3, but is not permitted in the downtown historic district.

At least one lockable access gate must be identified.

A refuse storage area and/or compost bin may be allowed and, if included, shall be identified as part of the site plan. The storage area or compost bin should be located as close to the rear and center of the property as practical. Refuse must be removed from the garden at least once per week. Any compost bin located on the property must be fully enclosed to avoid impacts to adjacent properties.

On-site sale of produce is not permitted.

Hours of operation are limited to the hours between 7:00 a.m. and 7:00 p.m.

All community gardens shall be locked during non-operating hours.

As a condition of approval, the community development director may impose such conditions as to ensure compliance with this Land Development Code or to mitigate adverse impacts to neighboring properties or right-of-way.

(Ord. No. 11-1961, § 1, 5-16-2011; Ord. No. 11-1976, § 1, 11-21-2011; Ord. No. 18-2136, § 3, 6-18-2018)

5.4.17. Reserved.

Editor's note— Ord. No. 16-2107, § 1, adopted February 6, 2017 repealed § 5.4.17. Former § 5.4.17 pertained to fleet vehicle storage and derived from Ord. No. 11-1961, adopted May 16, 2011.

5.4.18. Crematoria. Crematoria are permitted only in the general commercial and 17-92 districts as an accessory use to a funeral home. Crematoria are defined as property, structures and other appurtenances and improvements used solely for the incineration of dead human bodies for funeral (burial) purposes. Crematoria may be approved pursuant to the following standards and requirements:

A site plan application in accordance with the Longwood Development Code, section 10.2.0, along with payment of applicable fees shall be submitted to the community development department.

Applications shall include a citizen awareness and participation plan (CAPP).

No crematorium shall be permitted within 300 feet of an existing residential unit. This distance shall be measured in a straight line between the two closest points of the respective buildings.

Landscape buffers along property lines adjacent to residentially designated or used parcels (along with those residential properties separated from the crematorium use by an easement or right-of-way) shall meet or exceed the standards for bufferyard B as described in the Longwood Development Code, section 3.5.0.

The development must be found to be consistent with the parking and landscape standards of this Development Code.

A crematorium shall be a private facility incidental and subordinate to the primary funeral home use. In the event that an entity operates more than one funeral home licensed under the same name within the city limits of Longwood, the crematorium may also serve those facilities. At no time shall a crematorium serve any entity outside of the city limits, whether the entity is licensed under the same name as the funeral home or through an agreement with another similar entity. The city commission may consider applications for accessory crematoriums that serve entities licensed under the same name that are outside of the city only through the conditional use permit process.

In addition to the requirements of section 10.3.0 pertaining to conditional uses and all other requirements of this section, the applicant shall provide information detailing the number of facilities that will be served by the crematorium, their location, estimated number of deliveries associated with each entity, anticipated increases to the intensity of use, and whether the other services typically associated with crematoria will be provided for at the Longwood location or at the point of origination. In reviewing a conditional use permit, the city commission shall consider the requirements under section 10.3.0 and the following factors prior to approving, approving with conditions, or denying the request:

Proximity to residential uses or residentially zoned properties.

Proximity to businesses that are incompatible with the more industrial nature of a crematorium (restaurants, civic spaces, schools, child/senior care etc).

The number of additional facilities outside the city being served.

Whether the additional intensity of the use creates adverse environmental or aesthetic impacts on adjacent properties.

Whether the additional intensity of the use creates traffic impacts on adjacent roads or properties.

The intensity of the crematorium shall not be increased in such a manner to where the intensity of the use exceeds the generally accepted definition of an accessory use.

The city commission may attach any conditions to the approval of the conditional use that they deem necessary to protect the best interests of the city and the surrounding property owners.

(Ord. No. 11-1969, § 1, 8-15-2011; Ord. No. 18-2136, § 3, 6-18-2018; Ord. No. 22-2219, § 1(Exh. A), 4-18-2022)

5.4.19. Pain management clinics. Pain management clinics are clinics that are registered with the state pursuant to F.S. § 458.3265 or § 459.0137, and must comply with all of the following restrictions:

(A)

Shall not be co-located on the same property as a pharmacy.

(B)

Shall not be operated within 1,000 feet of any pre-existing pharmacy, school, day care center, religious institution, or residential unit.

Distance requirements shall be documented by the applicant.

All distance requirements shall be measured by drawing a straight line from the nearest property line of the pre-existing protected use to the nearest property line of the proposed pain management clinic.

(C)

No pain management clinic shall limit patient payment options to cash only.

(D)

The hours of operation of a pain management clinic shall be limited to 7:00 a.m. to 7:00 p.m. of the same day.

(E)

No pain management clinic shall provide or allow outdoor seating areas, queues, or customer waiting areas. All activities shall be conducted within the building and adequate indoor waiting areas shall be provided for all patients and business invitees. The pain management clinic shall not direct or encourage any patient or business invitee to stand, sit (including in a parked car), gather, or loiter outside of the building where the clinic operates, including in any parking area, adjacent sidewalk or right-of-way or neighboring property for any period of time longer than that reasonably required to arrive and depart. No drive thru or walk up service shall be permitted. The pain management clinic shall post a conspicuous sign stating that no loitering is allowed on the property.

(F)

Parking demand created by a pain management clinic shall not exceed the Code compliant number of parking spaces located on site as required by the City of Longwood's parking regulations. The minimum number of parking spaces shall be one parking space to every 200 square feet of floor area. Off-site and/or shared parking shall not be allowed.

(G)

The applicant must obtain all required building and use permits.

(H)

Provide the community development director with evidence of the pain management clinic's registration with the state pursuant to F.S. § 458.3265 or § 459.0137.

(I)

Prior to the commencement of the use and receiving any required building or use permits, including permits for signage an applicant shall apply for a pre-application meeting with the community development department to submit documentation acceptable to the community development director indicating compliance with the requirements of this section. Upon the applicant meeting the requirements of this section and submitting the required documentation to the community development director evidencing such compliance, the community development director will issue a letter indicating that compliance with this section has occurred, and thereafter, the pain management clinic shall continue to comply with the requirements of this section.

On or before January 31, 2013, any pain management clinic lawfully operating prior to the effective date of this section shall (i) comply with the requirements of subsections (C), (D), (E) and (H) above, and maintain compliance of such requirements thereafter; and (ii) submit documentation acceptable to the community development director indicating compliance with the applicable requirements of this section. The time period for which discontinuance of a nonconforming pain management clinic use is deemed abandoned under section 9.1.1.3 is 90 days.

This section shall not be construed as authorizing a "pill mill." Pill mills are strictly prohibited regardless of whether such use was operating prior to the effective date of this section. For purposes of this section, a pill mill is any doctor's office, clinic, or health care facility that routinely colludes in prescribing and dispensing of controlled substances in violation of federal law or Florida Statutes and regulations, or any pain management clinic, whatever its title, including but not limited to a "wellness center," "urgent care facility," or "detox center," that fails to register with the State of Florida as required by F.S. § 458.3265 or § 459.0137.

(Ord. No. 12-1998, § 1, 11-19-2012; Ord. No. 18-2136, § 3, 6-18-2018)

5.4.20. Mini-storage facilities. Mini-storage facilities are subject to the following supplemental standards and requirements:

17-92 zoning category. Mini-storage facilities in the 17-92 category shall not be located within one mile of a mini-storage facility in the same category. There shall be no more than two mini-storage facilities within the 17-92 category at any given time.

(1)

Outdoor storage of boats, RVs, vehicles, and storage pods for mini-storage facilities in the 17-92 zoning category is allowed in the rear yard in an amount no larger than 50 percent of the property with an 8' wall screening from the view of any residential uses. The wall height may be reduced to six feet where further screening is provided with an opaque landscape buffer including protected, mature trees. Outdoor storage is prohibited in the front yard.

The only activities permitted in individual storage units shall be the rental of the unit and the pickup and deposit of goods and/or property in dead storage.

When general commercial or infill and mixed-use, the storage facility shall meet the following additional standards:

(1)

The storage facility shall be ancillary to a new or redeveloped retail or mixed-use development that provides 20,000 or more SF of gross retail and/or restaurant leasing area (this number does not include square footage associated with storage). The development shall occur in a single phase, and a certificate of occupancy will not be issued for the storage building before the retail component.

(2)

Storage facilities are permitted only within multi-story structures designed to emulate multi-family or office buildings. The requirement for association with retail may be met in a single building with retail on the first floor or lining the storage facility, or by locating the building to the rear of a retail development where the retail and restaurant space is designed in a "town center" or pedestrian-friendly manner. The storage facility shall be de-emphasized in terms of its visual prominence compared to the restaurant and retail facilities.

(3)

The outward appearance of the building shall significantly exceed minimum design standards and shall generally be designed to be consistent with the architecture of the retail portion. The storage facility shall have no seamed metal or corrugated metal paneling, or anything similar.

(4)

All storage units shall gain access from the interior of the building—No unit doors may face the street or be visible from off the property.

(5)

A minimum window area shall be 50 percent of each floor above the ground floor of a storage facility building that is visible from a street or from a residentially zoned area.

(6)

All storage must be contained indoors. No outdoor storage of boats, RVs, vehicles, etc., or storage in outdoor storage pods or shipping containers is permitted.

(Ord. No. 19-2151, § 1, 3-4-2019; Ord. No. 20-2170, § 1, 2-17-2020; Ord. No. 22-2219, § 1(Exh. A), 4-18-2022)

5.4.21. Horse keeping and boarding

The keeping of horses is only allowed on properties in the county estates zoning category, and only on properties of two acres or more.

The total number of horses that may be kept shall not exceed two per acre. For purposes of this section, this calculation shall exclude permanently submerged areas from the acreage.

Commercial horse boarding and/or horse riding lessons and associated features such as riding stables and arenas are only allowed on properties subject to the following standards:

Commercial horse boarding and/or horse riding lessons are only allowed within the country estates zoning on properties that are five acres or more in size.

Where the number of horses exceeds one per acre, the operation must have a feeding plan for additional nutrition sources to supplement grass and pasture areas, including hay.

Private horse riding lessons are allowed, but are limited to ten riding lessons and/or customers per day, and only between the hours of 8:00 a.m. and 6:00 p.m.

In addition to permits required for fencing and certain accessory structures, the site layout must be approved and inspected through a site work construction permit at no fee prior to the beginning of the commercial operation. The community development director may impose conditions on this permit to mitigate impacts to neighboring properties.

No areas that will be in regular use for commercial operations (boarding, lessons, etc.) shall be directly adjacent to properties where there is another single family residential use within 100 feet of the property line. In this situation, a minimum 20 feet Buffer B of new or existing will be required. The specifications of Buffer B may be modified, but the intent is for trees to form a continuous visual buffer between the commercial use and the single-family property, and the placement and selection of trees should maximize opacity.

Opaque fencing of at least six feet is required along property lines where there is an adjacent single-family residential home within 100 feet of that property line. Existing fencing, including on the adjacent property, meeting this standard will satisfy the requirement.

Training arenas shall have base mats or other systems capable of ensuring that the ground is stable.

Perimeter fencing appropriate for horses is required around all areas that horses will be present. Along public rights-of-way, the fence shall be a wood or PVC post and rail type fence, or similar.

Any structure used to stable horses or to store tack or feed shall maintain a minimum setback of 50 feet from property lines and a minimum setback of 100 feet from any residential structure on an adjacent lot or parcel, unless the structure was existing prior to the country estates zoning being applied.

The grounds must be maintained in an appropriate manner to prevent dirt, sand, and dust from affecting neighboring properties.

Stables shall maintain a working fly and mosquito control system at all times.

Manure shall not be allowed to accumulate in such a way as to cause a nuisance or hazard to the health, welfare, or safety of humans, animals, or water bodies.

The outside storage of manure in piles shall not be permitted within 100 feet of any lot line and/or any residence. Commercial boarding operations will need to have a manure plan including the off-site disposal of manure on at least a weekly basis at an appropriate facility.

Horse trailer parking is allowed on parcels zoned country estates. Horse trailer parking areas must be set back at least 50 feet from property lines and screened from view from public rights-of-way.

No vehicle parking within the public rights-of-way (including grass shoulders) is permitted, including for any guests or customers relating to any equestrian activities.

(Ord. No. 21-2202, § 1, 8-2-2021)

5.4.22 Live performance and multi-purpose event venues:

Applicability. Live performance and multi-purpose event venues host a wide range of events and, as such, include a varying range of outcomes in terms of noise impacts, parking needs, and more. These venues are permitted in applicable districts through a conditional use permit.

Additional criteria. In addition to the standard conditional use criteria, the city commission shall consider the following in deciding whether to approve, approve with conditions, or deny the conditional use permit:

The applicant has thoroughly considered impacts of the live entertainment in their application, and has taken demonstrable steps to mitigate those impacts on neighboring properties and the City generally. Screening, buffering or separation of any nuisance or hazardous feature shall be fully and clearly represented on the submitted plans and shall be adequate to protect adjacent properties and corridors. This shall include proposed strategies to mitigate sound levels at adjacent property lines and distances from the noise source(s) as enumerated in City Code Chapter 38, Article III.

Ingress and egress to the subject property and use, with particular reference to automotive and pedestrian safety and convenience, traffic generation flow and control, availability of parking, and access in case of fire or catastrophe, shall generally conform or be made to conform to current city standards, and shall be reasonably suitable for the types of events and performances anticipated by the application.

The applicant's willingness and ability to satisfy the conditions of approval, including those required by subsection D. and E. below.

Submittals. Where a development does not otherwise require a site development plan, the conditional use applications for live performance and multi-purpose event venues shall at a minimum include the following:

A site and/or floor plan, indicating the location of the accessory live entertainment.

A summary of facts concerning the location and orientation of the live entertainment, including proposed days and hours of operation, detailed description of proposed entertainment, description of premises where entertainment is proposed, number of entertainers, etc.

A signed affidavit by the property owner and business operator affirming the following:

(a)

The property owner and business owner are generally aware of the improvements necessary to facilitate an assembly occupancy and are willing and able to make the necessary improvements for an assembly occupancy.

(b)

Each party understands and will not violate any section of the City Code or Land Development Code, with particular attention paid to Chapter 38, Article III and other relevant standards, and will take demonstrable measures to ensure that persons having authority in the day-to-day operation of the business are made aware of and follow these requirements.

Non-transferable permit. A conditional use permit for a live performance venue or a multi-purpose event venue does not run with the land or become a vested property right, and is specifically tied to the applicant granted such conditional use permit. A conditional use permit is valid only for a specific ownership of the establishment at a specific location and is nontransferable to another establishment or to another ownership of an establishment. A conditional use permit issued under this subsection automatically terminates upon the applicant holding such permit vacating or transferring title to the premises named in such permit as the location for the live performance venue or the multi-purpose event venue. If an establishment with a valid conditional use permit under this section ceases operation at a specific location and another person, entity or establishment desires to begin operation at this location, the conditional use permit is nontransferable to the new ownership or establishment at the same location. In addition, if an establishment with a valid permit relocates, the permit is nontransferable to the new location. In both instances, a new permit application must be submitted for city commission consideration.

Standard conditions of approval for conditional use permits associated with live entertainment or multi-purpose event venues. The following are standard conditions for approval of all permits which are incorporated into the city commission's approval of a permit application and made a part of the terms under which the live entertainment permit is granted, unless waived or modified by the city commission:

The city commission may revoke this conditional use permit pursuant to LDC 10.3.6(C) if any conditions of the conditional use permit are violated.

Upon a finding, in a public hearing, that operation of the business has resulted in the violation of a city ordinance or any of the conditions of approval outlined in the approved permit, and that the city's special magistrate has found that a violation has occurred, and entered an order finding that such a violation has occurred, the city commission may elect to revoke this conditional use permit.

For indoor entertainment, all doors and windows shall remain closed during performances, with the exception of momentary or emergency use for ingress and egress.

All live entertainment shall be subject to enforcement of the city's noise control ordinance.

Hours of outdoor amplified live entertainment at establishments with a residential unit or units within 100 feet of the site shall not extend beyond 11:00 p.m. Sunday through Thursday evenings and 12:00 a.m. on Friday and Saturday evenings.

The applicant agrees that for code and law compliance purposes, the city's code enforcement officers, building official, fire marshal and law enforcement officers, upon request, will be given free, unfettered access to the interior and exterior portions of the establishment premises where patrons are normally permitted to access during business hours. Refusal to give such access within 20 minutes of a request for access is grounds for immediate termination of the conditional use permit. The applicant is responsible for informing its onsite management and employees of the city officers' and employees' access rights to the premises. The applicant may be required to execute a separate access license and hold harmless agreement in favor of the city with terms acceptable to the city that addresses this condition.

It shall be a code violation for the business to exceed in scope or scale the description of the business or any other elements included in the permit application for which the permit was granted.

(Ord. No. 22-2225, § 1, 8-15-2022)

5.4.22. Tattoo parlors. Tattoo parlors are subject to the following supplemental standards and requirements:

Tattoo Parlors are allowed within the General Commercial zoning category only on properties of four acres or more with multi-tenant centers, and only on the South side of SR 434 from Rangeline Road to Ronald Reagan Boulevard.

(Ord. No. 22-2227, § 1, 9-7-2022)

5.4.24. CBD establishments. CBD establishments are subject to the following supplemental standards and requirements:

CBD establishments as a primary use shall be located no closer than one mile from another such use as measured from property line to property line in a straight line from the nearest point of the subject property to the nearest point of the existing CBD oil establishment, smoke shop, or smoking lounge, inclusive of such locations that may be outside of the City limits.

As part of the submittal for zoning approval related to a business tax receipt application for a CBD establishment as a primary use, the applicant shall provide an accurate legal affidavit indicating the amount of floor area that will be dedicated to sale of the products specified in this section, and that the location is consistent with the locational requirements of subsection (A).

CBD sales shall be permitted as an accessory use without distance restriction when housed entirely within grocery stores, convenience stores, retail, medical offices, and pharmacies, or similar uses, and where the area dedicated to the sale of CBD oil and related products is 20 percent of the overall tenant space of the principal use, but not to exceed 200 total square feet.

Where a primary use desires to have CBD sales and tobacco sales as accessory uses, the total combined floor space dedicated to both CBD products and tobacco products cannot exceed 20 percent or 200 total square feet, whichever is less.

(Ord. No. 23-2236, § 1, 3-20-2023)

5.4.25. Smoke shops and smoking lounges. Smoke shops and smoking lounges are subject to the following supplemental standards and requirements:

Smoke shops and smoking lounges as a primary use shall be located no closer than one mile from another such use as measured from property line to property line in a straight line from the nearest point of the subject property to the nearest point of the existing smoke shop, smoking lounge, or CBD establishment, inclusive of such locations that may be outside of the city limits.

As part of the submittal for zoning approval related to a business tax receipt application for a smoke shop or smoking lounge as a primary use, the applicant shall provide an accurate legal affidavit indicating the amount of floor area that will be dedicated to sale of the products specified in this section, and that the location is consistent with the locational requirements of subsection (A).

The sale, offering, and/or furnishing of tobacco products as defined in the LDC shall be permitted as an accessory use without distance restriction when housed entirely within grocery stores, convenience stores, retail, and pharmacies, or similar uses, and where the area dedicated to the sale of tobacco and tobacco-related products is 20 percent of the overall tenant space of the principal use, but not to exceed 200 total square feet.

(Ord. No. 23-2236, § 1, 3-20-2023)

5.4.26. Pharmacies and marijuana dispensaries. Pharmacies and marijuana dispensaries are subject to the following supplemental standards and requirements:

Pharmacies and marijuana dispensaries as a primary use shall be located no closer than one mile from another such use as measured from property line to property line in a straight line from the nearest point of the subject property to the nearest point of the existing pharmacy or marijuana dispensary, inclusive of such locations that may be outside of the city limits.

A pharmacy or marijuana dispensary may not be located within 500 feet of the real property that comprises a public or private elementary school, middle school, or secondary school unless the county or municipality approves the location through a formal proceeding open to the public at which the county or municipality determines that the location promotes the public health, safety, and general welfare of the community.

As part of the submittal for zoning approval related to a business tax receipt application for a marijuana dispensary as a primary use, the applicant shall provide an accurate legal affidavit indicating that the location is consistent with the locational requirements of subsection (A).

Pharmacies and marijuana dispensaries as defined in the LDC shall be permitted as an accessory use without distance restriction when housed entirely within and owned and operated by the primary user of grocery stores, drugstores, and retail establishments that exceed 10,000 square feet, and where the area dedicated to the pharmacy function is no more than 35 percent of the total floor area of the primary use. Pharmacies and marijuana dispensaries may be an accessory to a hospital without a square footage restriction, pursuant to state law.

(Ord. No. 23-2236, § 1, 3-20-2023)

5.5.0. - Home occupations.

5.5.1. The standards for home occupations are intended to ensure compatibility with other permitted uses and with the residential character of the neighborhood.

5.5.2. Home occupations shall be allowed in any land use district that permits residential dwellings as a principal permitted use.

5.5.3. Home occupations are subject to all of the following regulations and limitations:

The employees of the business who work at the residential dwelling must also reside in the residential dwelling, except that up to a total of two employees or independent contractors who do not reside at the residential dwelling may work at the business. The business may have additional remote employees that do not work at the residential dwelling.

Parking related to the business activities of the home-based business complies with requirements applicable to other residential properties within the same zoning classification and the need for parking generated by the business may not be greater in volume than would normally be expected at a similar residence where no business is conducted. Home-based businesses must comply with any regulations pertaining to the operation or parking of vehicles and trailers to residences where no home business is conducted. Any vehicles or trailers used in connection with the home-based business must be parked in legal parking spaces that are not located within the right-of-way, on or over a sidewalk, or on any unimproved surfaces of the residence

There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation, including outside storage or accessory buildings, or signage, including signs on mailboxes. As viewed from the street, the use of the residential property must be consistent with the uses of the residential areas that surround the property. External modifications made to a residential dwelling to accommodate a home-based business must conform to the residential character and architectural aesthetics of the neighborhood.

The home-based business may not conduct retail transactions at a structure other than the residential dwelling; however, incidental business uses and activities may be conducted at the residential property.

The business activities conducted at the residence must comply with any relevant local or state regulations with respect to signage and equipment or processes that create noise, vibration, heat, smoke, dust, glare, fumes, or noxious odors as such regulations apply to other residences where no business is conducted.

No heavy equipment, defined herein as commercial, industrial, or agricultural vehicles, equipment, or machinery, may be parked or stored such that it is visible from the street or a neighboring residential property.

(Ord. No. 11-1956, § 1, 3-7-2011; Ord. No. 11-1961, § 1, 5-16-2011; Ord. No. 12-1998, § 1, 11-19-2012; Ord. No. 14-2025, § 1, 5-5-2014; Ord. No. 19-2151, § 1, 3-4-2019; Ord. No. 20-2170, § 1, 2-17-2020; Ord. No. 22-2219, § 1(Exh. A), 4-18-2022)

Cross reference— Businesses, ch. 22.

5.6.0. - Telecommunications towers.

5.6.1. Definitions.

Antenna shall mean a transmitting and/or receiving device used in telecommunications that radiates or captures electromagnetic waves, including directional antennas, such as panel and microwave dish antennas, and omni-directional antennas, such as whips, excluding radar antennas, amateur radio antennas and satellite earth stations.

Collocation shall mean telecommunications towers that have the potential to have three or more carrier antennas located on it.

Guyed tower shall mean a telecommunications tower that is supported, in whole or in part, by guy wires and ground anchors.

Lattice tower shall mean a telecommunications tower that is constructed with a series of struts forming a nonsolid surface tower, without guy wires standing on and fastened to an in-ground pier.

Microwave shall mean a dish antenna, or a dish-like antenna used to link communication sites together by wireless transmission or voice or data.

Monopole tower shall mean a telecommunications tower consisting of a single pole or spire self-supported by a permanent foundation, constructed without guy wires with ground anchors.

Panel antenna shall mean an array or antennas designed to concentrate a radio signal in a particular area.

Stealth facility shall mean any telecommunications facility, which is designed to blend into the surrounding environment. Examples of stealth facilities include architecturally screened roof-mounted antennas, antennas integrated into architectural elements, and telecommunications towers designed to look like light poles, mono-power poles or trees.

Telecommunications tower shall mean a monopole tower constructed as a freestanding structure greater than 35 feet and no more than 165 feet in height including antenna, which support communication, transmission or receiving equipment. The term includes towers for the transmission or receiving television, AM/FM radio, digital, microwave, cellular telephones, or similar forms of electronic communication. The term excludes radar towers, radio support structures licensed by the FCC, transportable communication devices, private home use of satellite dishes and television antennas and satellite earth stations.

Whip antenna shall mean a cylindrical antenna that transmits signals in 360 degrees.

5.6.2. Purpose. It is the purpose of this section to address the recurrent issues pertaining to the approval of telecommunications towers upon parcels located in the City of Longwood. Therefore, the city commission finds that the promulgation of this section is warranted and necessary.

To protect residential areas and land uses from the potential adverse impacts of telecommunications towers when placed at inappropriate locations or permitted without adequate controls and regulation consistent with the provisions of law;

To minimize the adverse visual impacts resulting from telecommunications towers through sound and practical design, siting, landscape screening, and innovative camouflaging techniques all in accordance with general acceptable engineering and planning principles and the public health, safety and welfare;

To avoid potential damage to adjacent properties through sound engineering and planning and the prudent and careful approval of telecommunication tower sites and structures;

To encourage shared use/collocation of existing and new telecommunications towers (capability of having space for three or more carriers) to avoid proliferation of towers throughout the City of Longwood;

To fix a fair and reasonable compensation, by resolution of the city commission, to be paid to the city for the privilege to locate a telecommunications tower in the city and defray the administrative costs of reviewing the applications. Also, a fee shall apply separately to each antenna user on the tower or other support structure. Fee rates shall be renegotiable when contract expires.

5.6.3. Applicability.

A new telecommunications towers and antennas in the City of Longwood shall be subject to these regulations and all other applicable regulations. For purposes of measurement, telecommunications tower setbacks shall be calculated and applied to facilities located in the City of Longwood, irrespective of other municipal and county jurisdictional boundaries.

All new communications antennas (i.e., stealth rooftop or building mounted antennas), which are not attached to telecommunications towers, shall comply with section 5.6.6.

All telecommunication towers approved and/or permitted at the time of adoption of this LDC shall be allowed to continue their usage as they presently exist. Routine maintenance shall be permitted on such existing towers. New construction other than routine maintenance or addition of collocation antennas and equipment on an existing telecommunications tower shall comply with the requirements of this section.

For purposes of implementing this section, a telecommunications tower that has received city approval or a building permit, but has not yet been constructed, shall be considered an existing tower so long as such approval is current and not expired.

5.6.4. Location and permitted uses.

Telecommunications towers shall be a potentially permitted use on infill and mixed-use, general commercial, 17-92, public/institutional, and industrial properties within the city.

A monopole shall be the permitted type of telecommunications tower within the City of Longwood. Stealth-designed monopoles are preferred by the city.

Sites potentially eligible for telecommunication tower locations shall be:

Located as far as possible from residential property (and at least the minimum set forth in this section); and

Erected to a height that is the minimum height necessary to technically serve the applicant's needs, but not exceeding the lesser of 165 feet or a height calculated based on a tower setback of 125 percent of the tower height measured at grade from the base of the tower to the closest residential property line.

(Ord. No. 06-1800, § 6, 8-7-2006; Ord. No. 10-1929, § 1, 9-27-2010; Ord. No. 22-2219, § 1(Exh. A), 4-18-2022)

5.6.5. Development plan required. Any telecommunications company or entity that intends to install a telecommunications tower in the city shall file a development plan as further described in section 10.2.0.

5.6.6. Performance standards.

Setbacks.

Telecommunications tower setbacks shall be measured from the base of the tower to the property line of the parcel on which it is located.

The required setback from the property line shall be as shown in section 3.2.1. or as listed below.

Separation of towers from off-site uses used to calculate maximum tower height standards.

Separation distances between telecommunications towers and the lot line of any residentially designated or used property shall determine the maximum height of a proposed tower. The maximum height of any tower shall not exceed 165 feet provided however that the distance from the tower base to the nearest lot line of residentially designated or used property shall be a maximum of 125 percent of the tower height standards (section 3.2.1) but in no case less than 100 feet.

The separation distance required between telecommunication towers and the lot line of any commercial or industrial property shall be not less than 33 percent of the tower height.

Height.

Measurement of telecommunications tower height shall include antenna, base pad, and any and all other appurtenances and shall be measured from the finished grade of the parcel on which the telecommunications tower is located.

Telecommunications towers shall not exceed 165 feet in height which shall include the antenna.

Illumination. Telecommunications towers shall not be artificially lighted except to assure human safety as required by the Federal Aviation Administration (FAA).

Finished color. Telecommunications towers not requiring FAA painting/marking shall be of such color that will blend with the surrounding environment and approved by the City of Longwood.

Structural design shall be per the current edition of the Florida Building Code.

Signage. No commercial signage or advertising shall be permitted on a telecommunications tower unless otherwise required by law or the signage pertains only to the posting of the property relative to trespassing. The use of any portion or perimeter fence/wall for signs for advertising purposes, including company name, banners, streamers, etc., shall be prohibited.

Fencing.

A fence consistent with this Development Code or masonry wall not less than eight feet in height from finished grade shall be installed by the applicant around each telecommunications tower site. Fencing material to prevent unauthorized access to the tower, not to exceed two feet in height, shall be installed along the top of the fence or wall, but shall not be included when calculating the height of the fence or wall.

Access to the tower through the fence or wall shall be through a gate which shall be locked at all times the tower site is not being occupied by the person or entity in charge of the telecommunications tower or site.

Landscaping.

The visual impacts of a telecommunications tower shall be migrated for nearby viewers through landscaping or other screening materials at the base of the tower and ancillary structures in order to maintain visual aesthetics for those who may view the site on a regular basis including, but not limited to, proximate residents and the traveling public. The following landscaping and buffering standards shall apply to land around the perimeter of the tower and accessory structures;

A row of shade trees, with a minimum of 12 feet tall and which will reach heights of 40 plus feet, three inches in caliper, measured one foot above grade and a maximum of 35 feet apart, shall be planted around the outside perimeter of the fence/wall;

A continuous hedge shall be planted ten feet away from the tree line referenced above. The hedge shall be at least 18 inches high at planting and capable of growing to at least 36 inches in height within 18 months;

All landscaping shall be of the evergreen variety being a minimum quality of Florida No. 1;

All landscaping shall be properly maintained by the telecommunications tower owner/operator to ensure good health and viability;

Existing vegetation shall be preserved to the maximum extent practicable and may be used as a substitute or supplement towards meeting landscaping requirements; and

The landscaping requirements may be modified if the site cannot be generally viewed by proximate residents and/or the traveling public.

Antennas on buildings.

Stealth rooftop or building mounted antennas shall only be allowable after buildout to three collocations on each of the tower sites indicated in section 5.6.4. After buildout occurs, then stealth rooftop or building mounted antennas may be erected. Any stealth rooftop or building mounted antennas which are not attached to a telecommunications tower, shall be a permitted ancillary use to any commercial, industrial or public/institutional land uses indicated on the future land use map.

Antennas shall only be permitted on buildings which are at least 50 feet in height (the height requirement may be waived if public safety needs warrant the antenna);

Antennas may not extend more than 20 feet above the highest point of a roof (this requirement may be waived if public safety needs warrant additional height);

Equipment buildings shall be located or screened to minimize the visual impact of the building upon adjacent properties and shall be of a material or color which blends into the surrounding areas;

No commercial advertising shall be allowed on an antenna or supporting structure;

No signals, lights, illumination shall be permitted on an antenna or equipment building unless required by the Federal Communications Commission (FCC) or the Federal Aviation Administration (FAA); and

Unmanned equipment buildings shall not contain more than 750 square feet of gross floor area or be more than 12 feet in height. All buildings shall be subject to regulations of the building division of the department of community services.

Equipment storage. Mobile or immobile equipment not used in direct support of a telecommunications tower facility shall not be stored or parked on the site of the tower unless repairs to the tower are being made, or are in progress.

Schedule of structural integrity.

Telecommunication tower owner/operators shall submit to the city a certified statement from a qualified, registered, professional engineer, licensed in the State of Florida, attesting to the structural and electrical integrity of the tower on the following schedule:

All towers examined one year after initial construction;

All towers examined every five years; and

The city may require such certified statement after a nearby unusually severe storm event as determined by the (NOAA) national weather service.

Transmission/reception interference. Each application to allow construction or modification of a telecommunications tower shall include a certified statement from a qualified, registered, professional engineer, licensed in the State of Florida, attesting that the construction of the tower, including receiving and transmitting functions, shall not interfere with public safety communications and the usual and customary transmission or reception of radio, television, etc., service enjoyed by adjacent residential and nonresidential properties.

Prohibitions with certain principal uses. Telecommunications towers are prohibited when a proposed or existing principal use includes the storage, distribution, or sale of volatile, explosive, or hazardous wastes such as LP gas, propane, natural gas, and corrosive or dangerous chemicals.

Collocation of telecommunications antennas.

The City of Longwood desires to minimize the number and general proliferation of telecommunication towers. This section is intended to ensure that telecommunication towers that are permitted within the City of Longwood are utilized in a manner that provides for the maximum number of service providers upon each tower within the context of technical feasibility and safety. Further, this section is intended to minimize the number of such towers within the city. Specifically, as a minimum, telecommunications towers exceeding 100 feet in height shall be engineered and constructed so as to accommodate three communication providers. The city shall have the authority to require, specify and otherwise stipulate that telecommunication towers be engineered and constructed in a manner that provides for three collocations as part of the approval processes. As a condition of approval of all telecommunication towers and to the extent that collocation is technically feasible, all owners of existing telecommunication towers shall, upon request of another service provider and for reasonable and agreed upon consideration, permit additional communication service providers upon such existing telecommunication tower. Applicants desiring to construct new telecommunication towers shall submit written documentation that clearly explains the need for and the reasons for the proposed construction of new telecommunication tower rather than locating proposed antenna array/communication equipment upon an existing tower. Such documentation shall include plans of existing and future towers by the applicant/provider in question, correspondence with existing telecommunication tower owners and may include a cost analysis of alternatives. Existing service providers, e.g., existing telecommunication tower owners, that are unwilling, upon request of another service provider, to allow collocation upon such existing tower, shall submit written documentation to the city with reasons and justifications as to why such collocation cannot be accomplished. Competition between service providers shall not be considered to be a valid reason for preventing or otherwise obstructing collocation. The city shall determine whether the applicant and/or existing provider are reasonable and correct in their respective assertions. If the city determines that either party is being unreasonable or otherwise uncooperative, the city shall deny the applicant's request for a new tower and/or the city may cause the existing telecommunication tower's approval to be revoked and said existing tower to be removed. Such determination involving an existing tower owner shall be made in writing and adopted by a majority vote to the city commission upon holding an advertised public hearing and notification of the owner at least 15 days prior to such hearing. Upon adoption of such determination by the city commission, the existing tower owner and the property upon which such tower is located shall be considered to be a violation of the Development Code and shall be subject to any and all remedies and penalties thereof, including but not limited to action pursuant to F.S. ch. 162, or an action at law or in equity requiring removal of the tower and damages, including attorneys fees.

To minimize adverse visual impacts associated with the proliferation and clustering of telecommunications towers, collocation of communications antennas by more than one carrier on existing or new telecommunication towers shall take precedent over the construction of new single-use telecommunications towers as follows:

Proposed communications antennas shall collocate onto existing telecommunications towers.

A telecommunications tower that is reconstructed to accommodate the collocation of an additional communications antenna shall be of a monopole tower type.

Height. An existing telecommunications tower may be modified or rebuilt to the allowed height including antennas by compliance with this section.

Certification of compliance with Federal Communication Commission (FCC) NIER Standards. Prior to receiving final inspection by the City of Longwood, documented certification shall be submitted to the FCC, with copy to the city manager, certifying that the telecommunications facility complies with all current FCC regulations, including nonionizing electro-magnetic radiation (NIER).

Abandonment.

In the event the use of any telecommunications tower has been discontinued for a period of 180 consecutive days, the tower shall be deemed to be abandoned. Determination of the date of abandonment shall be made by the city manager who shall have the right to request documentation and/or affidavits from the telecommunications tower owner/operator regarding the issue of tower usage. The telecommunications tower owner/operator shall provide all requested information within ten working days of a request being made, and failure to so provide shall be deemed to constitute 180 days of non-use of the tower. Upon such abandonment, the owner/operator of the tower shall have an additional 90 days within which to:

Reactivate the use of the tower or transfer the tower to another owner/operator who makes actual use of the tower; or

Dismantle and remove the tower. With regard to towers that received special exceptional approval, 90 days after dismantling or the expiration of the 270-day period as set forth in this section, the special exception and/or variance for the tower shall automatically expire.

The City of Longwood, upon abandonment, may require the owner to dismantle the tower at the owner's expense. If the decision is to dismantle the tower, the property shall be cleared of all appurtenances and returned to its natural state at grade level.

An appropriate surety instrument shall be provided to assure dismantling costs shall be provided by the owner prior to a tower construction permit.

(Ord. No. 10-1929, § 1, 9-27-2010; Ord. No. 13-2016, § 1, 11-18-2013)