The purpose of this article is to provide mechanisms for obtaining relief from the provisions of this Development Code where hardship would otherwise occur and to provide for special exceptions. Two forms of hardship are addressed: (1) section 9.1.0 addresses hardship that would be caused if nonconforming uses or structures were required to immediately come into compliance with this Development Code; and (2) section 9.2.0 addresses the hardship that may be caused in particular cases by the imposition of the Development Code's development design standards. Section 9.3.0 allows for special exceptions in situations where the resulting development will provide for an equal or better outcome, where there is not a determination of hardship.

(Ord. No. 10-1914, § 2, 3-1-2010; Ord. No. 12-1992, § 1, 9-4-2012)

9.1.1. Nonconforming uses. Non-conforming uses shall mean and refer to those uses of real property and the characteristics of such uses that were lawful prior to the adoption of the Longwood Development Code or any subsequent amendments thereto, but are, at present, prohibited or otherwise further restricted under the current Longwood Development Code. The intent of this section is to permit, but not encourage, such non-conforming uses to continue until such uses are removed as required by this section. A nonconforming use may continue so long as such use remains lawful outside the context of the Longwood Development Code and compliance with the following provisions is maintained:

1.

Enlargement increase, intensification, alteration. A nonconforming use shall not be enlarged, intensified, increased, or extended to occupy a greater area of land or water than was occupied at the time of the city's adoption or amendment of the applicable Longwood Development Code prohibition, regulation, or restriction, unless approved by the city commission through a conditional use permit. This section shall not be interpreted to prohibit a nonconforming use from being reduced in intensity, size or scope; however, once such nonconforming use is reduced, intensification or reexpansion beyond such reduced scope shall not be permitted beyond what is currently provided for in the Longwood Development Code, the ultimate goal of this section being to phase out nonconforming uses over time.

2.

Relocation. A nonconforming use shall not be moved or otherwise relocated, in whole or in part, to any portion of a lot or parcel other than that which was occupied by such use at the time of the city's adoption or amendment of the applicable Longwood Development Code prohibition, regulation, or restriction unless approved at a new location by the city commission through a conditional use permit.

3.

Discontinuance. A non-conforming use shall be deemed abandoned and become an illegal use subject to all extant provisions of the Longwood Development Code if such use is discontinued or otherwise lapses for a period of 365 days or more, unless approved by the city commission through a conditional use permit. Discontinuance shall be determined by any of the following: if the business relocates, if there is an interruption in utility service, a failure to pay applicable business taxes or the expiration of a business tax receipt, the absence of signage indicating the existence of the nonconforming use on the property, or any other relevant evidence indicating discontinuation of the nonconforming use for the requisite time period. In determining the date of discontinuance, the date of the first indication of abandonment shall be relied upon. The discontinuance period will continue until such time a business tax receipt is issued. A nonconforming use shall also be considered to be abandoned if a legal use moves in. For the following uses, the time period for which discontinuance is determined is 90 days:

a.

Pawn shops.

b.

Tattoo parlors.

c.

Massage therapy establishments.

d.

Vehicle sales facilities (LDC 5.4.3).

e.

Marijuana dispensaries.

f.

Smoke shops.

g.

Smoking lounges.

h.

CBD establishments.

4.

Subdivision and additional structures. No real property upon which a nonconforming use currently exists shall be subdivided, nor shall any structures be added to such property, except for those purposes and in a manner conforming to all provisions of the Longwood Development Code for the district in which the property is located.

5.

Change in tenancy or ownership. There may be a change in tenancy, ownership or management of a nonconforming use, provided there is no change in the nature, character, or intensity of the nonconforming use.

(Ord. No. 11-1961, § 1, 5-16-2011; Ord. No. 11-1976, § 1, 11-7-2011; Ord. No. 16-2088, § 1, 6-20-2016; Ord. No. 22-2219, § 1(Exh. A), 4-18-2022; Ord. No. 23-2236, § 1, 3-20-2023)

9.1.2. Nonconforming structures. Nonconforming structures shall mean and refer to lots, structures or elements of a structure, including, but not limited to, siding materials, roof types, fences, façades or façade treatments that were lawful prior to the adoption of the Longwood Development Code or any amendments thereto, but are, at present, prohibited or otherwise further regulated or restricted under the terms of the current Longwood Development Code. The intent of this section is to permit, but not encourage, such nonconforming structures to continue until such structures are removed as required by this section. A nonconforming structure may be continued so long as such structure remains otherwise lawful outside the context of the Longwood Development Code and compliance with the following provisions is maintained:

1.

Destruction. A nonconforming structure that is destroyed or demolished by any means so as to require substantial improvements) shall not be reconstructed unless such structure is constructed or otherwise reconstructed in conformity with all extant provisions of the Longwood Development Code. For the purposes of this section 9.0.0 and all subsections thereunder, "substantial improvement" shall mean and refer to any repair, reconstruction, renovation, rehabilitation, addition, expansion, or other improvement of a structure, the cumulative cost of which equals or exceeds 50 percent of the fair market value of the structure either at the time just before the commencement of such improvement; or, if the structure has been damaged and is being restored, at the time just before the damage occurred. Fair market value shall be determined for the year in which a substantial improvement is commenced by reference to the official tax assessment rolls for that year or by an appraisal by a qualified independent appraiser. The extent of any such damage shall be determined by the building official, in consultation with the community development director, by comparing the estimated cost of repairs or restoration with the fair market value. The cost of repeated improvements to a nonconforming structure, which improvements are implemented incrementally over any period of time since the effective date of this Development Code, shall be combined to determine whether the substantial improvement threshold has been reached.

2.

Enlargement or extensions to nonconforming structures. Nonconforming structures used in a manner conforming to the provisions of the Longwood Development Code may be enlarged or extended without regard to substantial improvement thresholds, provided that such enlargement or extension does not aggravate, increase or exacerbate an existing structural nonconformity. Repeated expansions of a development, constructed over any period of time commencing with the effective date of this Development Code, shall be combined in determining whether this threshold has been reached.

(Ord. No. 18-2136, § 3, 6-18-2018; Ord. No. 20-2170, § 1, 2-17-2020)

9.1.3. Special provisions for nonconforming stormwater management facilities. An existing development that does not comply with the stormwater management requirements of this Code must be brought into full compliance when a major site development plan is required, where the increase of impervious surface is 25 percent or more above the existing amount of impervious surface, where development is in an impaired water quality area, and/or where there is a documented flooding issue.

A minor increase of less than 25 percent of the existing impervious surface area on a site with an existing, permitted, and properly functioning drainage system, shall provide stormwater improvements for only the additional impervious area while maintaining previously approved stormwater management facilities for the existing portion of the site. Alternatively, the applicant may provide proof to the city engineer that the existing system can handle the impact of the additional impervious area without substantial changes.

Repeated expansions of a development, constructed over any period of time commencing with the effective date of this Development Code, shall be combined in determining whether this threshold has been reached.

(Ord. No. 20-2170, § 1, 2-17-2020)

9.1.4. Special provisions for nonconforming lots of record.

1.

On lots of record as of the date of adoption of this Development Code or any amendments thereto, which lots are inconsistent with the requirements as to lot area, lot width, or both, and which lots are designated as LDR in the future land use element, a single-family residence and accessory structures may be constructed in accord with all other site development standards in this Development Code.

2.

On lots of record as of the date of adoption of this Development Code, which lots are inconsistent with the requirements as to lot area, lot width, or both, and which lots are designated as MDR in the future land use element, a single-family residence or residential duplex and accessory structures may be constructed in accord with all other site development standards in this Development Code.

3.

Nonconforming lots of record may not be built upon except as set forth in [subsections] 1 and 2 above.

(Ord. No. 11-1961, § 1, 5-16-2011)

9.1.5. Special provisions for nonconforming parking lot design, landscaping, lighting, access and buffers. Properties that do not conform to parking, landscaping, lighting, access, and buffer requirements of this Development Code shall be brought into compliance with such provisions whenever site plan approval is required, a substantial improvement or change of use is proposed, or when the use on the site is discontinued or otherwise lapses for a period of 365 days or more. Discontinuance shall be determined by any of the following: if the business relocates, if there is an interruption in utility service, a failure to pay applicable business taxes or the expiration of a business tax receipt, the absence of signage indicating the existence of the use on the property, or any other relevant evidence indicating the intent to discontinue the use. In determining the date of discontinuance, the date of the first indication of abandonment shall be relied upon. If such compliance is physically impossible due to the size of a site or the physical layout of structures on or adjoining the site, the property shall nonetheless be brought into compliance to the maximum extent practicable as determined by the community development director. If a proposed use increases the amount of required parking spaces in a manner that the site cannot support, and the increased parking demand cannot be mitigated as described in article III, the maximum extent practicable language does not apply.

(Ord. No. 05-1746, § 16(9.1.3), 4-4-2005; Ord. No. 10-1914, § 2, 3-1-2010; Ord. No. 11-1961, § 1, 5-16-2011; Ord. No. 11-1976, § 1, 11-7-2011; Ord. No. 14-2025, § 1, 5-5-2014)

9.1.6. Live Local Act. Any development authorized under the Live Local Act must be treated as a conforming use even after the expiration of F.S. § 166.04151(7) and the development's affordability period as defined in F.S. § 166.04151(7)(a). If at any point during the development's affordability period the development violates the affordability period requirement provided in F.S. § 166.04151(7)(a), the development must be allowed a reasonable time to cure such violation. If the violation is not cured within a reasonable time, the development must be treated as a nonconforming use.

(Ord. No. 24-2254, § 1, 8-5-2024)

9.2.1. Generally.

A.

Granted by board of adjustment. The board of adjustment may grant a variance from the strict application of any provision of this Code, except provisions in article II (Land Use), section 6.1.6 (Nonconforming signs) and article VII (Concurrency Management), article IX (Hardship Relief), and article X (Administration) if the following procedures are followed and findings made.

B.

Procedure. The procedures established in article X of this Code for review of application for variances shall be followed.

(Ord. No. 10-1929, § 1, 9-27-2010; Ord. No. 11-1976, § 1, 11-7-2011)

9.2.2. Limitations on granting variances.

A.

Initial determination. The board of adjustment shall first determine whether the need for the proposed variance arises out of the physical surroundings, shape, topographical condition, or other physical or environmental conditions that are unique to the specific property involved. If so, the board shall make the following required findings based on the granting of the variance for that site alone. If, however, the condition is common to numerous sites so that requests for similar variances are likely to be received, the board shall make the required findings based on the cumulative effect of granting the variance to all who may apply.

B.

Required findings. The board of adjustment shall not vary the requirements of any provision of this Development Code unless it makes a positive finding, based on substantial competent evidence, on each of the following:

1.

There are practical or economic difficulties in carrying out the strict letter of the regulation.

2.

The variance request is not based exclusively upon a desire to reduce the cost of developing the site.

3.

The proposed variance will not substantially increase congestion on surrounding public streets, the danger of fire, or other hazard to the public.

4.

The proposed variance will not substantially diminish property values in, nor alter the essential character of, the area surrounding the site.

5.

The effect of the proposed variance is in harmony with the general intent of this Development Code and the specific intent of the relevant subject area(s) of the Development Code.

C.

Imposition of conditions. In granting a variance, the board of adjustment may impose such conditions and restrictions upon the premises benefited by a variance as may be necessary to allow a positive finding to be made on any of the foregoing factors, or to minimize the injurious effect of the variance.

D.

Self-imposed hardships. Any structure that is placed improperly on the property without a permit is not eligible to apply for a variance. A property that is subject to a current code violation may not apply for a variance until the violation is resolved.

E.

Historic district variances. In the event of a variance request to any of the regulations defined in the Longwood Historic District Code Book for either contributing or supporting structures, the city commission shall hold a hearing on the variance pursuant to the procedures in section 10.13.0 of this article to determine whether request is consistent with the required findings of LDC 9.2.2.B.

F.

Expiration. A granted variance shall expire one year after the date of the board of adjustment or city commission decision, unless such variance is included as part of a site plan or construction permit that is approved during this one year period, at which point the variance is valid for the duration of the site plan or construction permit, whichever is longer.

(Ord. No. 10-1929, § 1, 9-27-2010; Ord. No. 11-1961, § 1, 5-16-2011; Ord. No. 11-1976, § 1, 11-7-2011)

9.2.3. Special provisions where a variance to the requirements of the flood damage prevention regulations and the flood resistant construction requirements of the Florida Building Code is requested.

A.

Additional finding. In addition to the findings required above, which for purposes of this section shall be made by the city commission, the city commission shall further find that the requested variance will not result in an increase in the elevation of the base flood, additional threats to public safety, additional public expense, the creation of nuisances, fraud or victimization of the public, or conflicts with other local ordinances.

B.

Authority with respect to the flood resistant construction requirements of the Florida Building Code. Pursuant to F.S. § 553.73(5), the city commission shall hear and decide on requests for variances from the strict application of the flood resistant construction requirements of the Florida Building Code.

C.

Limitations on authority. The city commission shall base its decisions on variances on technical justifications submitted by applicants, the considerations and conditions of this section, and the comments and recommendations of the floodplain administrator and the building official. The city commission has the right to attach such conditions as it deems necessary to further the purposes and objectives of this section.

D.

Considerations. Before granting a variance from the flood damage prevention regulations, the city commission shall consider:

1.

The danger that materials may be swept from the site onto other lands.

2.

The danger to life and property from flooding or erosion.

3.

The potential of the proposed facility and its contents to cause flood damage and the effect of that damage on the owner and the public.

4.

The importance of the services provided by the proposed facility to the community, and whether it is a functionally dependent facility.

5.

The availability of alternative locations, not subject to flooding or erosion, for the proposed use.

6.

The compatibility of the proposed use with existing and anticipated neighboring development.

7.

The relationship of the proposed use to the Comprehensive Plan and floodplain management program for the area.

8.

Safe vehicular access to the property in times of flood.

9.

The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and effects of wave action, if applicable, at the site.

10.

The costs of providing governmental services during and after floods including maintenance and repair of public utilities and facilities.

E.

Conditions. Variances shall be issued only upon:

1.

Submission by the applicant, of a showing of good and sufficient cause that the unique characteristics of the size, configuration, or topography of the site limit compliance with any provision of this section or the required elevation standards;

2.

Determination by the city commission that:

a.

Failure to grant the variance would result in exceptional hardship due to the physical characteristics of the land that render the lot undevelopable; increased costs to satisfy the requirements or inconvenience do not constitute hardship;

b.

The granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, nor create nuisances, cause fraud on or victimization of the public or conflict with existing local laws and ordinances; and

c.

The variance is the minimum necessary, considering the flood hazard, to afford relief;

3.

Receipt of a signed statement by the applicant that the variance, if granted, shall be recorded in the office of the clerk of the court in such a manner that it appears in the chain of title of the affected parcel of land; and

4.

If the request is for a variance to allow construction of the lowest floor of a new building, or substantial improvement of a building, below the required elevation, a copy in the record of a written notice from the floodplain administrator to the applicant for the variance, specifying the difference between the base flood elevation and the proposed elevation of the lowest floor, stating that the cost of federal flood insurance will be commensurate with the increased risk resulting from the reduced floor elevation (up to amounts as high as $25.00 for $100.00 of insurance coverage), and stating that construction below the base flood elevation increases risks to life and property.

F.

Record of variances to be maintained. The director shall maintain a record of all variances including the justification for their issuance and a copy of the notice of the variance. The director shall report all variances in the annual or biannual report to the city manager.

G.

Historic properties. Notwithstanding the foregoing requirements, special variances may be granted for the reconstruction, rehabilitation or restoration of structures determined eligible for the exception to the flood resistant construction requirements of the Florida Building Code. The special variance shall be the minimum necessary to protect the historic character and design of the structure. No special variance shall be granted if the proposed construction, rehabilitation, or restoration will cause the structure to lose its historical designation.

H.

Restrictions in floodways. Variances shall not be issued for any proposed development in a floodway if any increase in base flood elevations would result as evidenced by the applicable analyses and certification required in section 4.5.0.

I.

Functionally dependent uses. Variances may be granted for the construction or substantial improvement necessary for the conduct of a functionally dependent use, as defined in section 4.5.0, provided the variance meets the requirements is the minimum necessary considering the flood hazard and all due consideration has been given to use of methods and materials that minimize flood damage during occurrence of the base flood.

(Ord. No. 19-2158, § 1, 9-16-2019)

9.2.4. Administrative waivers.

A.

Applicability. Site design requirements may be modified by the community development director, subject to the criteria in this section 9.2.4.

B.

Eligibility. The community development director shall consider the following criteria to determine whether a waiver request shall be approved:

1.

The situation giving rise to the need for waiver is preexisting and was created by the original plat or by the street location; the existence of the situation creates practical difficulties for development.

2.

There are existing trees or other natural areas that will be damaged or destroyed in order to meet the site design criteria.

3.

There are preexisting, unique physical characteristics of the development site that create practical difficulties for development.

4.

The requested waiver includes elements or otherwise allows for additional mitigation of adverse impacts to adjacent land uses, including through the protection of specimen trees.

5.

The waiver will allow for a more energy-efficient project design.

6.

The waiver allows the development to better incorporate existing buildings, topographic features or other existing elements, or allows for the protection and preservation of existing trees, particularly specimen trees.

7.

The waiver allows for the provision of urban open space, seating, fountains, accent landscaping, or other similar urban pedestrian amenities.

8.

The waiver allows for an opportunity to accommodate multi-modal facilities and/or promote compact and walkable development patterns.

C.

Waivers.

1.

Waivers of up to 20 percent may be granted to any numeric site design standard by the community development director. This amount may be increased to 25 percent with the concurrence of the city manager. No waivers can be granted to the Comprehensive Plan.

2.

Waivers to the impervious surface ratio up to 20 percent may be granted by the community development director. This amount may be increased to 25 percent with the concurrence of the city manager. In this instance, a professional engineer will need to provide documentation along with a signed and sealed determination that the waiver will not create a significant negative impact on drainage.

3.

Where the Code requires a wall between multi-family residential or an office use and properties with the future land use of LDR and MDR, and where the waiver request is consistent with subsection B.2. above, the community development director may approve a waiver based on the following criteria:

a.

The applicant shall send a notice consistent with LDC section 10.0.6 to all adjacent property owners describing the proposal and asking the adjacent property owners to express any objection to the city.

b.

To place a fence with landscaping where a wall is required by the LDC, the applicant must demonstrate, through a letter provided by a certified arborist or landscape architect, that the installation of the wall will directly necessitate the removal of a tree over 40 inches DBH. The tree must not be on the Prohibited Species list in LDC section 3.5.5, and must be determined to be in a healthy, non-declining state by the arborist or landscape architect.

c.

Where such a waiver is granted, if the tree is proposed for removal at any point in the future, the tree removal permit shall be for the total cost of removing a healthy tree regardless of the current condition of the tree, and a contribution shall be made to the tree fund.

d.

Where such a waiver is granted, the applicant may place a fence made of vinyl, wood, or similar (excluding chain link) that shall be separated from the adjacent property by a site condition appropriate buffer.

e.

The community development director may also approve a waiver where the owner of the property (or the president of the HOA or similar entity, where applicable) and the property owner both desire not to see a perimeter wall built. Both parties may sign an agreement acceptable to the city that allows a fence, landscape buffer, or no buffer at all between the two properties.

D.

Procedure.

1.

Proposed waiver must be clearly identified on the site plan and listed in an accompanying explanation. The written explanation should identify the applicable code requirement, the justification for the waiver, and the amount of waiver requested.

2.

In approving the site plan, the community development director shall specifically note the waivers that are granted.

3.

Should the community development director determine that the impacts of the exception have the potential for a significant negative impact on surrounding property owners, notice by certified mail or proof of mailing shall be provided to all adjacent property owners or all property owners within 300 feet of any boundary of the subject parcel as shown on the Seminole County Property Appraiser records—whichever is deemed appropriate by the Director—and any property owners' association registered with the department that falls within the notice boundaries.

4.

Where notice is required, the community development director shall make no decision regarding the waiver until after the applicant provides sufficient documentation that all applicable property owners have been notified and given sufficient time to respond.

5.

In granting a waiver, the community development director may impose such conditions and restrictions upon the premises benefited by a waiver as may be necessary to allow a positive finding to be made on any of the factors set forth in section 9.2.4(B) of this Code, or to minimize the injurious effect of the waiver.

6.

Any structure that is placed improperly on the property without a permit is not eligible to apply for a waiver. A property that is subject to a current code violation may not apply for a waiver until the violation is resolved.

7.

A granted waiver shall expire one year after the date of the community development director's decision, unless such waiver is included as part of a site plan or construction permit that is approved during this one-year period, at which point the waiver is valid for the duration of the site plan or construction permit, whichever is longer.

(Ord. No. 10-1929, § 1, 9-27-2010; Ord. No. 11-1976, § 1, 11-7-2011; Ord. No. 13-2016, § 1, 11-18-2013; Ord. No. 14-2049, § 1, 4-20-2015; Ord. No. 16-2107, § 1, 2-6-2017; Ord. No. 18-2136, § 3, 6-18-2018; Ord. No. 20-2189, § 1, 10-19-2020)

9.2.5. Hardship—Eminent domain takings.

A.

Intent. This section is intended to provide a fair and equitable process whereby either landowners affected by the transfer of any part of such property to an entity having the power of eminent domain, or such landowners jointly with the condemning authority, can rehabilitate, or mitigate damage to, the remaining parcel, and the condemning authority can independently obtain nonbinding determinations, where such remaining parcel deviates from the LDC and/or any applicable subdivision and/or site plans), and/or developer or annexation agreements with the city that may result from such transfer.

B.

Definitions.

1.

For the purposes of this section and this section only, the following terms shall have the following meanings:

i.

"Transfer in satisfaction of condemnation ("TSC")" shall mean and refer to a transfer of an interest in real property to an entity having the power of eminent domain, whether such transfer be effected by final judgment in a condemnation action, certificate of deposit pursuant to an order of taking, deed under threat of condemnation, voluntary transfer, or otherwise.

ii.

"Director" shall mean and refer to the City of Longwood Director of Community Development or his/her designee.

iii.

"Remaining parcel" shall mean and refer to the remaining portion of real property, including existing improvements, after a portion of such property is transferred to an entity having the power of eminent domain.

iv.

"Governing documents" shall mean and refer to those site and/or subdivision plans and/or agreements and/or city zoning/development approvals, including but not limited to developer or annexation agreements, which are applicable to or otherwise enforceable against a particular property or development. Such documents, when submitted to the city for approval, shall be fully engineered and meet any requirements of the LDC applicable to such documents unless otherwise stated herein.

v.

"Nonbinding" shall mean and refer to determinations by the city that do not require the owner of a remaining parcel to comply with the city's determinations.

C.

Taking or transfer causing nonconformance of remaining property.

1.

Notwithstanding any provision of the LDC to the contrary, whenever a transfer in satisfaction of condemnation ("TSC") occurs, and such transfer causes the remaining parcel to deviate from the LDC and/or governing documents applicable to such property, then such remaining parcel shall thereafter be an illegal site and/or structure to the extent that the TSC causes the remaining parcel to deviate from the LDC and/or governing documents.

2.

(a)

Within 90 days after the date of the TSC, the owner of the remaining parcel must schedule and participate in a pre-application conference with the director to discuss the actions or improvements necessary to bring such remaining parcel into compliance with the LDC and governing documents. Such 90-day period shall constitute a "grace period" during which code enforcement action against the remaining parcel, with respect only to those deviations caused by the TSC, shall be temporarily suspended to facilitate operation of this section. An application made within such 90-day period shall extend such "grace period" pending the owner's good faith participation in the rehabilitation process pursuant to this section. A property owner may still apply for relief pursuant to this section after the expiration of the 90-day period, at which time, pending code enforcement action against deviations caused by the TSC shall be abated pending the owner's good faith participation in the rehabilitation process pursuant to this section.

(b)

Nothing in this section shall be construed to prohibit or otherwise abate code enforcement action against a remaining parcel for: (1) deviations or violations not caused by a TSC or (2) deviations or violations, regardless of whether such are caused by a TSC, that pose a threat of imminent harm or danger to the health, safety, and welfare of the community, including, but not limited to, nuisances, environmental hazards, or other hazardous conditions.

3.

Within 180 days after the date of the TSC, the owner of the remaining parcel must propose and submit to the director an application for relief pursuant to this section accompanied by proposed amendments and revisions to the governing documents currently in effect, outlining a plan to correct the deviations from the LDC and governing documents that are caused by the TSC. Such proposed amendments and revisions shall account for the effect of the TSC and propose a plan to bring those portions of the remaining parcel, which the TSC has caused to deviate from the LDC and governing documents, into compliance with all requirements of the LDC, including, but not limited to, any applicable landscape buffers, stormwater requirements, setback requirements, landscaping requirements, signage requirements, and parking requirements. To be considered by the director, the foregoing documentation must be submitted together with appropriate application forms, as well as payment for any application fees, pursuant to the requirements of section 10.0.5(B).

4.

Following submittal of such application, the owner of the remaining parcel must continue in good faith with the processing of the application and the proposed revisions and amendments to the governing documents and respond to city staff comments within 30 days of receiving any such comments.

5.

Following the city commission's approval of the proposed amendments and revisions to the governing documents, the owner must proceed in good faith to bring the remaining parcel into compliance with any such revised or amended governing documents. The city commission or the director shall approve a specific timeline for completion of site improvements required by any such revised governing documents, which shall be tailored to account for the complexity of the required improvements as well as any special conditions pertaining to the rehabilitation of the remaining parcel. Following timely completion of the site improvements required by any of the revised governing documents approved by the city commission, the remaining parcel shall thereafter be deemed to be conforming as it relates to the matters addressed in such documents.

6.

The city commission may, at its option, require the execution of a new development agreement in connection with the approval of any revised governing documents or amendments thereto. Any new agreements or amendments to existing development or annexation agreements must be approved by the city commission and be executed by the city officials having authority over such matters.

7.

Unless otherwise stated herein, all review procedures and requirements contained in the LDC that pertain to particular types of governing documents shall be equally applicable to the revised versions of such governing documents that are submitted by an owner pursuant to this section, except that no public hearings shall be required other than those required by state law.

D.

Waivers.

1.

If, due to the TSC, bringing the remaining parcel into conformity with the LDC and/or the governing documents would place an unreasonable burden upon the property owner, then the property owner may seek applicable waivers or exceptions from the LDC and proposed revisions or amendments to the governing documents as part of the owner's application. In determining whether bringing a particular parcel of property into conformity with the LDC and the newly approved governing documents would place an unreasonable burden upon the owner of the remaining property, the city commission must consider the following factors:

i.

Physical constraints imposed based upon the size, shape, or usable area of the remaining parcel and existing structures located thereon;

ii.

Safety concerns that would be created by strict adherence to the LDC;

iii.

Factors and circumstances that preclude the continued use of the remaining parcel with the uses actually occurring on the property immediately prior to the TSC;

iv.

The effects of the proposed waiver or exception on traffic congestion on the surrounding public streets and the danger of fire or other hazard to the public;

v.

Whether the effect of the proposed waiver or exception is in harmony with the general intent of the city's LDC and the specific intent of any and all relevant subject areas of such code.

2.

In connection with the approval of any revised governing documents, the city commission may grant waivers or exceptions from the provisions of the LDC upon finding that an unreasonable burden would otherwise be placed on the property owner in accordance with the criteria set forth in section 9.2.4(D)(1) of this Code.

3.

In granting a waiver or exception, the city commission may impose such conditions and restrictions upon the remaining parcel benefited by a waiver or exception as may be necessary to allow a positive finding to be made on any of the factors set forth in section 9.2.4(D)(1) of this Code, or to minimize the injurious effect of the waiver or exception.

4.

Regardless of whether bringing the remaining parcel into conformity with the LDC and/or the governing documents would place an unreasonable burden upon the property owner, if a TSC causes a remaining parcel to deviate from the LDC to such a degree that the granting of waivers and exceptions would not permit the general intent of the city's LDC and the specific intent of any and all relevant subject areas of such Code to be met, the city commission may refuse to grant any such waivers and exceptions.

E.

Actions taken prior to transfer in satisfaction of condemnation.

1.

Prior to the occurrence of the TSC, a property owner may, at his/her option:

i.

Hold the preapplication conference with the director and submit such application and proposed revisions or amendments to the governing documents to such director;

ii.

Apply for waivers or exceptions as set forth in subsection "D" supra; and/or

iii.

Obtain approvals pursuant to such application to address the conditions that are expected to exist following the TSC.

2.

At any time prior to a TSC, the condemning authority may apply to the director for a written, non-binding determination as to whether one or more specifically detailed "cure plans," waivers, or exceptions proposed by such condemning authority will likely satisfy the requirements of this section. Prior to submitting any such application, the condemning authority shall hold a pre-application conference with the director.

3.

Following a condemning authority's pre-application conference with the director, the condemning authority may submit an application for a written, non-binding determination as described above. Such application shall include the information requested by the director at the pre-application conference. Any cure plan specified in the application must clearly depict and describe the existing condition of the affected property prior to the TSC and the predicted condition of the affected property following the TSC and the completion of the site improvements proposed by the cure plan.

4.

The issuance of a non-binding determination by the director or city commission pursuant to this section shall not preclude the director or the city commission from approving a competing application from the owner of the remaining parcel, which differs from the cure plan, waivers and exceptions addressed in the non-binding determination, it being recognized that there may be more than one alternative approach to cure the effects of a TSC that would bring the remaining parcel into conformity with the governing documents and the city's code requirements.

5.

In the event a condemning authority obtains a non-binding determination concerning a cure plan, waiver, or exception pursuant to this Section, such shall only become binding upon the remaining parcel to the extent such cure plan, waiver, or exception has been approved by the city commission and is incorporated into a written settlement of the TSC between the owner of the remaining parcel and the condemning authority. If more than one determination concerning a cure plan, waiver or exception is approved by the city commission any of the determinations that are approved by the city commission may be used and relied upon by the owner of the remaining parcel to rehabilitate such parcel.

F.

Fees.

1.

Anyone submitting an application pursuant to this section shall be responsible for all of the city's review costs associated with the submittal of such application, any revised governing documents, and any proposed cure plans submitted in conjunction therewith.

2.

The fees for the submission of a revised, fully engineered site plan are the same as those for an initial site plan as set forth in Appendix B of this LDC.

G.

Enforcement. The city may enforce violations of this section by way of code enforcement board actions, revocation of any certificates of occupancy related to the subject property, and/or all other remedies available to the city in law or equity. Prior to enforcing a violation of this section, the city shall provide written notice of such violation to the applicable property owner, requiring such owner to cure such violation.

H.

Notice. If a condemning authority or owner of a remaining parcel seeks city approval of a cure plan, waiver, or exception, the party seeking such relief shall provide to the other party written notice of such application at the time of submittal of the application and at least ten days notice of the hearing(s) before the city commission related to the action.

(Ord. No. 09-1891, § II, 5-18-2009; Ord. No. 10-1929, § 1, 9-27-2010; Ord. No. 18-2136, § 3, 6-18-2018)

9.3.1. Special exceptions. In those circumstances where the applicant believes that, due to unique characteristics of the site or other special circumstances, strict compliance with the Code is not feasible or desirable and that deviation from the Code will allow for equal or better results, the city commission may be petitioned to grant a special exception to the Longwood Development Code or Section 86-83 of City Code as it relates to trailers relative to the specific provision(s) in question. The applicant shall petition the commission by completing an application provided by the community development department and paying a fee as established by the city commission.

(Ord. No. 12-1992, § 1, 9-4-2012; Ord. No. 18-2136, § 3, 6-18-2018; Ord. No. 22-2227, § 1, 9-7-2022)

9.3.2. Application process. The applicant shall provide an application on forms provided by the community development department and with a fee established by the city commission, describing the special exception request and how the special request addresses the criteria listed in section 9.3.3. Prior to review of the application by the city commission, each applicable member of the development review team (DRT) shall make a written recommendation for approval, approval with conditions, or denial of plans based on application of their particular code. It shall be the responsibility of the CDSD, or the director's designee, to collect the comments of the DRT and prepare a written staff analysis of the outstanding issues related to each application and recommendation for approval, approval with conditions or denial to the city commission.

(Ord. No. 12-1992, § 1, 9-4-2012; Ord. No. 18-2136, § 3, 6-18-2018)

9.3.3. Criteria. The city commission may grant a special exception from the strict application of any provision of this Code, except provisions in article II (Land Use Districts and Overlay Districts), LDC 5.4.0 (Supplemental standards for specified land use activities), Section 6.1.6 (Nonconforming signs), Article VII (Concurrency Management), Article IX (Hardship Relief), and Article X (Administration) and if the following procedures are followed and findings made. The City Commission need not find that a proposal meet each criteria, but is asked to balance the weight of each criteria in arriving at a decision. The city commission shall consider the following criteria when making their determination:

1.

The request is consistent with the spirit and intent of the Code;

2.

The resulting development will provide equal or better results than required by the strict application of the Code in this instance;

3.

That the resulting development is consistent with the city's Comprehensive Plan and other city adopted planning documents;

4.

That the granting of the special exception will not create adverse impacts that could reasonably be expected to diminish property values, significantly and negatively impact the character of an existing neighborhood, or have a negative impact on the economic development potential of the area surrounding the site;

5.

That the request represents the minimum modification(s) necessary and is not primarily driven by a desire to reduce costs on the project; and

6.

That the condition resulting for the request for a special exception is not so common to numerous sites that the request for similar special exceptions are likely to be received, thus creating cumulative impacts of granting the request.

7.

If the request is related to conditions that result from a land use, density, height, or other similar allowance resulting from changes in State law, the City Commission is not obligated to approve special exceptions made necessary by those changes to allow the project to meet other standards of the Longwood Development Code.

8.

That the request is not self-imposed in such a manner that the applicant's argument is primarily based upon the fact that the action for which an exception is requested has already been completed.

For special exceptions to section 86-83 of City Code as it relates to trailers, the city commission shall also consider the following:

1.

That the trailer is used by the applicant in a business which is the applicant's primary source of income;

2.

That trailer is in daily or near-daily use that makes rear or side yard storage inconvenient;

3.

That the placement of the primary structure, irregular shape of the lot, mature trees, slopes, or other similar impediments prohibit the safe and practical transport of the trailer to the side or rear yard.

(Ord. No. 12-1992, § 1, 9-4-2012; Ord. No. 16-2088, § 1, 6-20-2016; Ord. No. 22-2227, § 1, 9-7-2022; Ord. No. 16-2107, § 1, 2-6-2017; Ord. No. 23-2240, § 1, 10-2-2023; Ord. No. 24-2254, § 1, 8-5-2024)

9.3.4. Commission review. The city commission shall hold a public hearing to consider all requests for special exceptions to the Code. The applicant is responsible for all costs and fees associated with such notification.

1.

Special exceptions to the Longwood Development Code shall require mailed notice, newspaper advertisement, and site posting pursuant to LDC 10.0.6. For special exceptions in the Historic District, all property owners in the district shall be notified.

2.

Special exceptions to City Chapter 86, Article II, Division 3 shall not require a newspaper advertisement, and shall only require mailed notice to property owners on both sides of the street on the block containing the subject property. When the subject property is not on a block grid, notices shall be sent to properties along the same road within 250 feet in either direction, on both sides of the road. Site posting is also required pursuant to 10.0.6.

In granting an application for special exception, the city commission may impose such conditions and restrictions upon the site benefitted by the special exception as may be necessary to minimize the injurious effect of the special exception or to make the special exception more consistent with the spirit and intent of the Code. After conducting the public hearing and considering the criteria of section 9.3.3, the city commission may approve, approve with conditions, or deny the special exception application based on competent, substantial evidence in the record.

(Ord. No. 12-1992, § 1, 9-4-2012; Ord. No. 14-2025, § 1, 5-5-2014; Ord. No. 14-2049, § 1, 4-20-2015; Ord. No. 16-2088, § 1, 6-20-2016; Ord. No. 19-2156, § 1, 9-16-2019; Ord. No. 22-2227, § 1, 9-7-2022; Ord. No. 23-2240, § 1, 10-2-2023)

9.3.5. Appeals. All decisions of the city commission concerning special exceptions shall be final.

(Ord. No. 12-1992, § 1, 9-4-2012)

9.3.6. Expiration of special exceptions. A granted special exception shall expire one year after the date of the city commission decision, unless such special exception is included as part of a site plan or construction permit that is approved during this one year period, at which point the special exception is valid for the duration of the site plan or construction permit, whichever is longer. For special exceptions unrelated to a site plan or construction permit, the city commission may specify a duration as part of their approval.

1.

A special exception issued regarding section 86-83 of City Code shall apply only to the specific trailer for which the request was submitted. The special exception is not transferable to another trailer or vehicle, even if the other trailer or vehicle is the same size or smaller, nor is the special exception transferable to another person, even if the new person owns the same residential property or same vehicle.

(Ord. No. 16-2088, § 1, 6-20-2016; Ord. No. 22-2227, § 1, 9-7-2022; Ord. No. 23-2240, § 1, 10-2-2023)