2002-O-05
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ORDINANCE NO. 2002-0-05
AN ORDINANCE OF THE CITY OF EDGEW A TER,
FLORIDA; AMENDING CHAPTER 21, THE LAND
DEVELOPMENT CODE BY MODIFYING ARTICLE III
(PERMITTED, CONDITIONAL, ACCESSORY AND
PROHIBITED USES), SECTION 21-37 (SPECIAL
ACTIVITYIPERMIT REQUIREMENTS), PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE,
ADOPTION AND CODIFICATION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
WHEREAS, Chapter 163.3202, Florida Statutes requires adoption of a unified Land
Development Code which contains all regulations related to the development ofland in the City; and
WHEREAS, on July 10, 2000, City Council adopted Chapter 21, known as the Land
Development Code; and
WHEREAS, upon enactment, it was determined by City Council and Staff that any
scrivener's errors would be corrected by amending specific Articles contained in the Land
Development Code; and
WHEREAS, upon review, Article III (Permitted, Conditional, Accessory and Prohibited
Uses), Section 21-37 (Special Activity/Permit Requirements) should be amended at this time to
correct outstanding scrivener's errors and to modify other outstanding issues in an effort to provide
consistency between the Land Development Code and the Comprehensive Plan.
NOW, THEREFORE, BE IT ENACTED by the People ofthe City of Edge water,
Florida:
StI uck thlongh passages are deleted.
Underlined passages are added.
2002-0-05
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PART A.
AMEND CHAPTER 21 (LAND DEVELOPMENT CODE), BY
AMENDING ARTICLE III (PERMITTED, CONDITIONAL,
ACCESSORY AND PROHIBITED USES), SECTION 21-37
(SPECIAL ACTIVITY/PERMIT REQUIREMENTS) OF THE
CODE OF ORDINANCES, CITY OF EDGEWATER,
FLORIDA.
Article III (Permitted, Conditional, Accessory and Prohibited Uses), Section 21-37
(Special Activity/Permit Requirements) of Chapter 21 (Land Development Code) of
the City of Edgewater, Florida, adopted pursuant to Ordinance No. 2000-0-12 is
hereby amended as set forth in Exhibit "A" which is attached hereto and
incorporated herein.
PART B.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
PART C.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or
circumstances, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART D.
CODIFICATION.
Provisions of this ordinance shall be incorporated in the Code of Ordinances of the City of
Edgewater, Florida, and the word "ordinance", may be changed to "section", "article", or other
appropriate word, and the sections ofthis ordinance may be renumbered or relettered to accomplish
such intention; provided, however, that Parts B through F shall not be codified.
StI tlck thlOtlgh passages are deleted.
Underlined passages are added.
2002-0-05
2
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PART E.
EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
PARTF.
ADOPTION.
After Motion by Councilman Vincenzi and Second by Councilwoman Rhodes, the vote on
the first reading of this ordinance held on April I, 2002, was as follows:
AYE NAY
Mayor Donald A. Schmidt X
Councilman James P. Brown X
Councilman Dennis A. Vincenzi X
Councilwoman Harriet E. Rhodes X
Councilwoman Judy Lichter X
After Motion by C",--L- lI~/'- and Second by ~ ;UL
the vote on the second reading of this ordinance was as follows:
AYE
NAY
Councilman James P. Brown
L
t
Mayor Donald A. Schmidt
Councilman Dennis A. Vincenzi
~
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Councilwoman Harriet E. Rhodes
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Councilwoman Judy Lichter
Stl tick till otlgh passages are deleted.
Underlined passages are added.
2002-0-05
3
101
PASSED AND DULY ADOPTED this 1s day of *!!;z , 2002.
ATTEST:
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by:
Scott A. Cookson, Esquire
City Attorney
Foley & Lardner
Struck dnoagh passages aredeleted.
Underlined passages are added.
tom-aos
CITY COUNCIL OF THE
CI F EDGEWATER, FLORIDA
Donald A. Schmidt
Mayor
Ro in L. Matusick
Legal Assistant
Approved by the City Council of the City of
Edgewater at a meeting held on this /S
day of 2002 under
Agenda Item No. Q
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ARTICLE III
PERMITTED, CONDITIONAL, ACCESSORY, AND PROHIBITED USES
SECTION 21-30 - GENERAL PROVISIONS
21- 30.01 - Purpose .... ........................ ...... .......... ................ ......................... .................. 111-1
21- 30.02 - District Boundaries ..................................................................................... 111-1
21- 30.03 - Application of Districts .................. ............................................................ III-2
21- 30.04 - Official Zoning Map............ ........ ............................................................... III _ 2
21- 30.05 - Comprehensive Plan Consistency .............................................................. III _ 3
SECTION 21-31- COMPREHENSIVE PLAN RELATIONSHIP
21-31.01 - Land Use/Zoning Compatibility Table ....................................................... 1II-3
SECTION 21-32 - ZONING DISTRICT DESCRIPTIONS
21- 32.01 - Zoning District Descriptions ............. ......................................................... III-4
SECTION 21-33 - USES AND RESTRICTIONS
21- 33.01 - Purpose ....................................................................................................... 111-6
21-33.02 - Permissible Uses ......... ........................... .................................................... 111-6
21-33.03 - Conditional Uses ........... ............................ ................................................. 111-6
21- 33.04 - Accessory Uses.................... .......................... ............................................. 111-6
21-33.05 - Permitted/Conditional! Accessory Uses ...................................................... III-7
SECTION 21-34 - SPECIAL USE REQUIREMENTS
21-34.01 - Home Occupations ................................................................................... III-II
21-34.02 - Community Residential Homes ................................................................ III-12
21- 34.03 - Institutional Residential Homes .................. ............................................. III -14
21-34.04 - Inoperable, Abandoned, and/or Wrecked Vehicles .................................. 1II-14
21-34.05 - Vehicles - Restoration & Permits - For Residential Properties ............... III-IS
21-34.06 - Watercraft, WatercraftTrailers, Motor Homes, Trailers, Recreational
Vehicles and Campers.............................................................................. III -16
21- 34.07 - Salvage Yards ..................... ......... ................. ............................................ III -17
21-34.08 - Refuse and Dumpsters .. ............................................................................ III -18
21-34.09 - Kennels ..... ............ .................................................................................... III -18
21-34.10 - Solid Waste Receptacles, Residential...................................................... III-19
21- 34.11- Mini-warehouses ....................................................................................... III -20
21-34.12 - Bed & Breakfast ....................................................................................... 1II-20
21-34.13 - Nursing Homes .................................................... ..................................... III -21
21- 34.14 - Residential Professional Offices .............................................................. III -21
Article III
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(PoliciesProcedureslLandDevelopmentCode - April 2002)
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SECTION 21-35 - PROHIBITED USES
21-35.01 - Outdoor Storage, Residential ................................................................... III-21
21-35.02 - Vehicle Sales/Storage on Vacant Lots/Public Right-of-Way................... 1II-21
21-35.03 - Canopies/Temporary Carports and Tents/Gazebos .................................. 1II-22
21- 35.04 - Commercial Vehicles in Residential Areas .............................................. III _ 22
21- 35.05 - Neglected Premises .................................................................................. III -23
21-35.06- Parking on Drainage or Maintenance Easements or Public Right-of-Way 1II-23
SECTION 21-36 - ACCESSORY USE REQUIREMENTS
21-36.01 - Purpose .... ................................................................................................. III -23
21- 36.02 - General Regulations .... ............................................................................. III -24
21-36.03 - Outdoor Storage and Display: Commercial, Industrial............................ III-24
21-36.04 - Satellite Dishes and Antennas .................................................................. III-25
21-36.05 - Places of Worship - Schools/Child Care .................................................. 1II-26
21- 36.06 - Boathouses .... ............................................... ............................................ III -26
21.36.07 - Boat Docks and Slips ................................................................................ III-27
21.36.08 - Boats as Dwelling Units .... ....... ................................................................ III _ 27
SECTION 21-37 - SPECIAL ACTIVITYIPERMIT REQUIREMENTS
21-37.01 - Special Activity Pelmit - Temporary Use. . . . . . . . . . . . . . . . . . . . . . . " 1II-28
21-37.02 - Pelnlit Process ......................................... ................................................. 111-28
21- 37.03 - Pelluit Clitetia .............. ............................................................................ III -28
21- 37.01 - Purpose/Scope ............................... ........................................................... III -29
21- 37.02 - Definitions ................................................................................................ III _ 29
21- 37.03 - Special Activity Permit Requirements .................................... ................. III _ 30
21-37.04 - Special Activity Permit Apolication Process ........................................... 1II-30
21-37.05 - Special Activity Permit Criteria ............................................................... III _ 31
21- 37.06 - Temporary Structures ............................................................................... III _ 31
21- 37.07 - Inspections to Ensure Comoliance ........................................................... III _ 31
21- 37.08 - Penalties ...................... .................................... ......................................... III _ 32
21- 37.09 - Exceptions ..... ................... ................................ ........................................ III _ 32
SECTION 21-38 - FENCES, WALLS AND HEDGES
21- 38.01 - Purpose ..................................................................................................... III _ 32
21- 38.02 - General Requirements .............................................................................. III _ 32
Article III
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(PoliciesProcedures/LandDevelopmentCode - April 2002)
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ARTICLE III
PERMITTED USES, CONDITIONAL USES,
ACCESSORY USES AND PROHIBITED USES
SECTION 21-30 - GENERAL PROVISIONS
21-30.01 - Purpose
In addition to the intent and purposes listed in Section 21-30, the various zoning districts established
herein are intended to:
a. Establish the permitted, prohibited, conditional and accessory uses allowed for each parcel;
and
b. Provide for equal protection of property rights of each parcel of land without regard for its
classification; and
c. Streamline the land development decision process to the maximum extent possible; and
d. Provide reasonable opportunities for the provision of telecommunication facilities; and
e. Control the placement of signage to preserve property values; and
f. Prevent cut-through traffic in residential neighborhoods to the maximum extent possible.
21-30.02 - District Boundaries
Zoning districts are depicted as shown on the Official Zoning Map ofthe City of Edge water, Florida,
as revised at the effective date of this code, and made a part of the article by reference. When
uncertainty occurs as to boundaries of zoning districts on the Official Zoning Map, the following
rules shall apply:
a. Boundaries are depicted to follow the center line of streets, highways, alleys, or other public
right-of-ways and shall be construed to follow such lines;
b. Boundaries are depicted to follow platted lot lines, section lines or tract lines and shall be
construed as following such lot lines;
c. Boundaries are depicted to follow political boundaries and shall be construed as following
such political boundaries;
d. Boundaries are depicted to follow railroad right-of-ways shall be construed to be the center
line of the railroad right-of-way;
e. Boundaries are depicted to follow shorelines shall be construed to follow such shorelines
even if the shorelines change;
(PoliciesProcedures/LandDevelopmentCode - April 2002) III-1
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f. Boundaries are depicted to follow the center lines of canals shall be construed to follow such
center lines;
g. Boundaries shown to be parallel to the center line of streets, or the center line or right-of-
way line of highways, such district boundaries shall be construed as being parallel thereto
and such distance therefrom as indicated on the zoning maps. If no distance is given, such
dimension shall be determined by measuring from the Official Zoning Map;
h. Where a public road, street or alley is officially vacated or abandoned, the location of the
zoning district boundaries shall be the center line of the vacated right-of-way;
1. Where physical or cultural features existing on the ground are different from those shown
on the Official Zoning Map, or in case any other uncertainty exists, the Planning Director
shall interpret the intent of the Official Zoning Map as to the location of district boundaries.
21-30.03 - Application of Districts
Except as provided in Section 21-71 - Non-Conforming Uses, the enlargement, alteration,
conversion, relocation, rehabilitation, or reconstruction of any structure or building shall be in
accordance with the regulations of the district in which said structure or building is located as well
as all applicable regulations of this Article.
All use of land and/or water shall be done so only in accordance with the applicable requirements
of this Article.
21-30.04 - Official Zoning Map
a. The City of Edgewater is hereby divided into zoning districts and shown on the Official
Zoning Map as amended by the City Council. The Official Zoning Map shall be identified
by the signature of the Mayor, attested by the City Clerk and bearing the seal of the City
under the following words: "This is to certify that this is the Official Zoning Map referred
to in Chapter 21, of the Code of Ordinances."
b. No changes shall be made in the Official Zoning Map except as provided herein in Article
IX. Any unauthorized change of any kind by any person, or persons, shall be considered a
violation of this Article and be subject to the applicable enforcement provisions described
in Article X.
c. Regardless of the existence of copies of the Official Zoning Map which may from time to
time be made or published, the Official Zoning Map shall be maintained in the official
records of the City.
d. In the event that the Official Zoning Map becomes damaged, destroyed, lost, or difficult to
interpret because of the nature of number of changes and additions, the City Council shall
adopt a new Official Zoning Map.
(PoliciesProcedures/LandDevelopmentCode - April 2002) 111-2
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21-30.05 - Comprehensive Plan Consistency
The regulations contained herein are consistent with and implement the Comprehensive Plan
policies contained in the Future Land Use Element, Housing Element, Coastal Element and
Conservation Element.
SECTION 21-31- COMPREHENSIVE PLAN RELATIONSHIP
Table III -1 shows which zoning categories are consistent with and implement the land use categories
in the Comprehensive Plan, particularly the Future Land Use Map (FLUM).
TABLE 111-1
LAND USE AND ZONING COMPATIBILITY
Future Land Use Desi2nation Compatible Zonin2 Districts
Low Density Residential RT, R-l, R-2, R-3, RPUD, RP
1.0 to 5.0 DU/gr. ac
Medium Density Residential R-4, RPUD, MH-I, MH-2
5.1 to 8.0 DU/gr. ac
High Density Residential R-5, RPUD, B-4
8.1 to 12.0 DU/gr. ac
Commercial B-2, B-3, B-4, BPUD, RP
Industrial 1-1, 1-2, IPUD
Recreation CN, RT, AG, R-1, R-2, R-3, RPUD
Public/Semi-Public CN,AG
Conservation CN
Agriculture AG,RT
. . 1 nTT /') " "'f'
Future Land Use Element of the Comprehensive Plan, 1991
SECTION 21-32 - ZONING DISTRICT DESCRIPTIONS
21-32.01 - Zoning District Descriptions
Table III-2 summarizes the principal purpose for each zoning category. The minimum parcel sizes
are provided where applicable.
(See Page 111-4)
(PoliciesProcedureslLandDevelopmentCode - April 2002) III-3
TABLE 111-2
ONING DISTRICT DESCRlPTI~
Zoning District Title Category Purpose & General Description
Conservation "Overlay" CN Protection of wetlands, aquifer recharge &
environmentally sensitive areas
Rural Transitional RT Provide for limited agriculture and provide for a
transition between rural and residential land uses _
min. I acre lot
SF Residential R-l Single family residential - (1.0 to 5.0 units/acre)
min. 12,000 sq. ft. lot
SF Residential R-2 Single family residential (1.0 to 5.0 units/acre) min.
10,000 sq. ft. lot
SF Residential R-3 Single family residential (1.0 to 5.0 units/acre) min.
8,625 sq. ft. lot
MF Residential R-4 Medium density residential (5.1 to 8.0 units/acre)-
single family, duplex, apartments, townhouses
MF Residential R-5 High density residential (8.1 to 12.0 units/acre)-
single family, duplex, apartments, townhouses
Residential Planned Unit RPUD Intended for mixed residential, personal service and
Development limited retail commercial with a single
development plan - no min. size parcel - See
Article V, Section 21-57 for details
Residential Professional Office RP Intended for office professional along SR#442, Park
Avenue and U.S. #1, rezoning must be accompanied
by a site plan
Mobile Home Park MH-l Medium density residential (5.1 to 8.0 units/acre).
Provide for mobile home parks - min. 5 acre parcel
(See sec.21- 71 for non-conforming parks)
Manufactured Home MH-2 Medium density residential (5.1 to 8.0 units/acre).
Subdivision Provide for manufactured home subdivisions - min.
50 acre parcel
Neighborhood Business B-2 Intended for retail goods and services for frequent
resident needs - min. 10,000 sq. ft.
Highway Business B-3 Intended for high volume highway related
commercial uses - no min. parcel size
Tourist Commercial B-4 Intended for short term waterfront accommodations
for visitors and accessory uses, may include
residential mixed use as part ofRPUD or BPUD _
min. 2 acres
Business Planned Unit BPUD Intended for mixed commercial and limited
Development multifamily residential with a single development
plan - no min. size parcel- Details in Article V,
Section 21-57
Light Industrial I-I Intended for storage, light manufacturing,
wholesaling and distribution uses - no min. parcel
size
Heavy Industrial 1-2 Intended for heavy manufacturing uses - no min.
parcel size
Industrial Planned Unit IPUD Intended for mixed industrial and limited
Development commercial with a single development plan - no
min. parcel size - Details in Article V, Section 21-
57
Agriculture AG Provide for general agriculture uses - min. 2.5 acre
parcel - temporary or hold zoning intended for
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SECTION 21-33 - USES AND RESTRICTIONS
21-33.01 - Purpose
This portion of Article III depicts the permitted, conditional and accessory uses by zoning district
using the matrix format. The footnotes in Table III-3 refer to any applicable special criteria for that
use in the particular zoning district and are described in Section 21-34 of this Article.
If a use is not present in a given square in the matrix, that use is NOT permitted in that zoning
district. Changes to the list of uses, the zoning districts and/or the permitted, conditional or
accessory use status of a given land use can only be changed by completing the LDC amendment
process described in Article IX.
21-33.02 - Permissible Uses
The use depicted as "P" in the matrix (Table 1II-3) means that it is permissible in that zoning district
as a matter of right, subject to satisfactory compliance with the project design standards found in the
Land Development Code and any applicable site plan review requirements in the Land Development
Code.
The list of permissible uses can not be all inclusive. These uses described in Table 1II-3 shall be
interpreted by the Planning Director to include other uses that have similar impacts to those listed.
Any dispute or request regarding interpretations shall be resolved by the City Manager subject to
appeal to the City Council.
All permitted uses or businesses requiring occupational licenses shall operate from within a
permanent structure.
21-33.03 - Conditional Uses
The use depicted as "C" in the matrix (Table 1II-3) means that it is permitted in that zoning district
only after satisfactory completion of the conditional use process described in Article IX or the
satisfactory completion of a Planned Urban Development. Satisfactory compliance with the
applicable project design standards described in Article V and the concurrency requirements
described in Article XI must also be achieved prior to commencement of a project.
21-33.04 - Accessory Uses
The use depicted a "A" in the matrix (Table III-3) means a use that is incidental, related appropriate
and clearly subordinate to the existing principal permitted use.
(PoliciesProcedureslLandDevelopmentCode - April 2002) 111-5
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TABLE 111-3 FOOTNOTES
The Sections cited below identify special requirements for the listed land uses and are found on the
following pages. In addition, many of the proposed projects must also comply with the requirements
of Article IV - Natural Resource Protection, Article V - Site Design Criteria and Article VI _ Signs.
1. See Satellite Dishes, Section 21-36.04 - Dishes greater than 39 centimeters in
diameter are required to obtain a building permit and otherwise conform to the site
development criteria.
2. See Telecommunications, Article XII for details.
3. See Bed & Breakfast, Section 21-34.12 for details.
4. See Kennels/Boarding, Section 21-34.09 for details for details.
5. See Mini-Warehouses, Section 21-34.11 for details.
6. See Nursing Homes, Section 21-34.13 for details.
7. See Outdoor Storage, Section 21-34.04 and 21-36.03 for details.
8. See Community Residential Homes, Section 21-34.02 for details.
9. Limited to 6, or less, residents and no closer than 1000 feet to another Family
Residential Home.
10. See Institutional Residential Homes, Section 21-34.03 for details.
11. Multifamily residential is permitted in BPUD only as part of a single
business/residential development plan - Article V, Section 21-57 for details.
12. See Salvage Yards, Section 21-34.07 for details.
13. Residential/Professional offices may be permitted as a conditional use in the R-2
district for properties residentially developed abutting State Road #442. See Section
21-34.14 for details.
14. No artificial lights or recreational activity within 25 feet of the perimeter of the
property line shall be permitted adjacent to residential property.
(PoliciesProcedures/LandDevelopmentCode - April 2002) III-9
.....
""'"
15. Places of Worship - Schools/Child Care, see Section 21-36.05 for details.
16. Limited commercial is permitted in IPUD only as part of a single
industrial/commercial development plan pursuant to the requirements in Article V.
17. Attached and detached aircraft hangers permitted in residential districts adjacent to
airport taxi ways.
18. Internally oriented retail commercial, see Section 21.57 for details.
19. Live entertainment adjacent to residential uses shall be a conditional use.
SECTION 21-34 - SPECIAL USE REQUIREMENTS
The following uses are subject to the special restrictions described below in addition to the
applicable natural resource standards described in Article IV and the project design standards
described in Article V.
21-34.01 - Home Occupations
The purpose of this Section is to provide criteria under which a home occupation may operate in the
City's residential districts. No home occupation license shall be issued unless the Planning
Department determines the proposed home occupation (business) is compatible with the criteria
shown below:
a. The use must be conducted by a member, or members, of the immediate family residing on
the premises and be conducted entirely within the living area of the dwelling unit not to
exceed twenty percent (20%) of the dwelling unit space (excluding garage/carport) for the
home occupation.
b. No manufacturing, repairing, storing, or other uses that are restricted to commercial and
industrial districts are allowed.
c. No chemicals/equipment, supplies or material except that which is normally used for
household domestic purposes, shall be used or stored on site.
d. Noise, dust, odors or vibrations emanating from the premises shall not exceed that which is
normally emanated by a single dwelling unit. Activities that cause a nuisance shall not be
permitted in residential areas.
(PoliciesProcedureslLandDevelopmentCode - April 2002) 111-10
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..,
e. No electrical, electro-magnetic or mechanical equipment that causes any interference or
excessive noise to adjacent dwelling units shall be installed or operated.
f. No products, services, or signage may be displayed in a manner that is visible from the
exterior of the dwelling unit, except signage required by state law.
g. Except as provided in Section 21- 35.05, no commercial vehicles or equipment shall be
permitted in the driveway, or adjacent public right-of-way and no delivery of commercial
products for the use of occupational license shall be allowed. Normal/routine Ups, FedEx,
over-night mail shall not be considered commercial deliveries.
h. The use oftypewriters, computers, printers, photocopiers and fax machines will be permitted
for office use and small machinery such as hand drills and small jigsaws for hobbyist uses.
1. All home occupations shall be required to obtain a home occupational license pursuant to
the requirements of Chapter 11 of the City Code prior to initiating operation.
J. Garages, carports or similar accessory structures, whether attached or detached shall not be
used for storage of material or manufacturing concerning the home occupation (other than
storage of an automobile).
k. An applicant may appeal the denial of an application to the City Council pursuant to the
requirements of the Land Development Code.
21-34.02 - Community Residential Homes (CRH)
The purpose of this Section is to establish criteria for the placement of Community Residential
Homes and limit their location to areas zoned for multifamily development.
a. All Community Residential Homes shall be required to obtain a City occupational license.
Pursuant to the requirements of Chapter 205.1965, FS, the City shall not issue said license
unless the applicant has a state license and substantially meets the criteria listed herein.
b. All facilities shall comply with the minimum parcel area and dimensional requirements of
the zoning district in which the facility is located.
c. 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.
d. No counseling, or other client services for non-residents shall be permitted in a CRH.
(PoliciesProcedures/LandDevelopmentCode - April 2002) III-II
......
..""
e. A CRH shall be similar in appearance to the prevailing character of the area in which the
proposed site is located. Similar means within 125 percent of the average floor area, height
and/or architectural style of any other dwelling units in the adjacent area.
f. On-site signage shall be a low profile sign with a maximum height of 8 feet and a maximum
area of 16 square feet.
g. The proposed CRH shall provide a minimum 4 foot (4') high fence on all property lines.
h. The proposed CRH shall comply with the appropriate project design standards described in
Article V.
1. The proposed CRH shall comply with all appropriate Life Safety Code and Building code
requirements.
J. The minimum dwelling unit size for each resident shall be 750 square feet.
k. There shall be no more than fourteen (14) residents permitted in a structure on a parcel
designated as Medium Density Residential, or High Density Residential, on the City's Future
Land Use Map.
1. Each CRH shall provide a responsible supervisory person on duty at all times while residents
are on the premises. The minimum staffing levels required by the State, or other licensing
agency, shall be maintained at all times.
m. Failure to substantially comply with all these criteria shall subject the property owner, and/or
the applicant, to the enforcement provisions of Article X.
n. A Community Residential Home shall not be located closer than 1000 feet (1,000') to
another CRH, or closer than 500 feet (500') ofaparcel zonedAG, RT, R-l, R-2, or R-3. [See
Chapter 419.001.(3)(b)(3) FS]
o. All distance requirements shall be measured from the nearest point of the existing CRH
property line, or the zoning district described above, whichever is greater.
21-34.03 - Institutional Residential Homes (also referred to as ALF's)
The purpose of this Article is to provide regulations to protect the adjacent property values while
allowing the institutional home to operate. For the purpose of this code, assisted living facilities
(ALF) shall be considered as an Institutional Residential Home.
(PoliciesProcedures/LandDevelopmentCode - April 2002) III-12
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"WI'
a. A minimum 4 foot (4') high fence shall be provided at all times.
b. Full time on-site management shall be provided at all times.
c. Minor on-site medical care may be provided at the option of the operator.
d. Each resident shall have the minimum square footage of personal living area for their use,
as required by the State.
e. Each facility shall be required to obtain an appropriate license prior to receiving an
occupational license from the City and V olusia County. The City will inspect facilities for
compliance with life safety codes.
21-34.04 - Inoperable, Abandoned, and/or Wrecked Vehicles
The purpose of this Section is to establish criteria for the identification and regulation of inoperable,
abandoned and/or wrecked vehicles located in areas designated for residential use.
a. A vehicle shall be determined or defined as inoperable, abandoned and/or wrecked by Code
Enforcement officials should any of the following be applicable:
1. The vehicle creates a threat to public health, safety or welfare due to its condition or
the conditions in, under or around subject vehicle.
2. The vehicle causes violations of Federal, State or local environmental regulations by
leaking non-contained hazardous fluids, such as oil, fuel, gear grease, hydraulic fluid,
ethylene-glycol, or anti-freeze coolant additives and any other regulated chemicals
which pose a threat to public health, safety or welfare by entering the groundwater
supply, or significantly running off the vehicle onto surrounding area, creating
dangerous/hazardous conditions for passing motorists or persons.
3. The vehicle is associated with discarded items accumulating in, on, or around its
immediate area, causing vehicle to meet criteria for "nuisance".
4. A vehicle that is stored with open hood, doors, hatches and compartments exposed
to the general public or neighboring properties for any period exceeding twenty-four
(24) hours.
5. A vehicle visible to the general public or neighboring properties which Code
Enforcement officials cannot establish ownership or the responsible party declines
to resolve valid issues contained within this section shall be determined to be
(PoliciesProcedures/LandDevelopmentCode - April 2002) III -13
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."
abandoned.
b. Vehicles deemed to be inoperable, abandoned and/or wrecked shall not be stored in any
zoning district except as provided for in Section 21-34.05.
21-34.05 - Vehicles - Restoration & Permits - For Residential Properties
a. Any person seeking to openly restore a vehicle on property designated for residential use
shall obtain a vehicle restoration permit issued by the Code Enforcement officials. The
vehicle restoration permit shall be posted conspicuously at the residence during the period
of restoration.
b. The application for a vehicle restoration permit shall include the following:
1. Current photograph of the vehicle;
2. Description of restoration planes) including a schedule;
3. Vehicle identification number.
c. A vehicle restoration permit authorized the following:
1. Restoration may be performed in an open area. When stored the vehicle shall be
stored in an area not visible to the public or neighboring propertied.
2. A vehicle being restored shall be stored in an area hidden from view by opaque
fencing, screening, custom car cover, or stored inside a garage.
d. The term of the permit shall be one (1) year. Additional renewals will be available provided
that restoration progress is consistent with the vehicle restoration application.
e. Vehicles being restored shall be owned by the occupant of the property.
f. Donor vehicles stored on property to supply parts for the permitted restoration vehicle shall
comply with all of the above.
21-34.06 - Watercraft, Watercraft Trailers, Motor Homes, Trailers, Recreational Vehicle~
Trailers and Campers
The purpose of this Section is to establish criteria for the parking and storage of watercraft,
watercraft trailers, motor homes, trailers, recreational vehicle trailers and campers on property
designated for residential areas.
(PoliciesProcedures/LandDevelopmentCode - April 2002) 111-14
........
...,
a. Watercraft, watercraft trailers, motor homes, trailers, recreational vehicle trailers and
campers stored on property designated for residential use shall have a current and valid
license tag, except any boat or trailer out of view of the general public or neighboring
properties shall not be required to have a valid license tag.
b. Watercraft, watercraft trailers, motor homes, trailers, recreational vehicle trailers and
campers stored on property designated for residential use shall be maintained in an operable
condition. Repairs shall not exceed three (3) months.
c. Watercraft, watercraft trailers, motor homes, trailers, recreational vehicle trailers and
campers may be parked or stored in a driveway, immediately parallel to the driveway,
alongside the house or in the backyard subject to the following condition:
1. No watercraft, watercraft trailers, motor homes, trailers, recreational vehicle trailers
and campers or any part thereof may rest on or occupy airspace past the property
line.
d. Boat motors of watercraft parked or stored on property designated for residential use shall
not be operated before 7 a.m. or after 10 p.m.
e. Watercraft, watercraft trailers, motor homes, trailers, recreational vehicle trailers and
campers stored on property designated for residential use shall not be used as a dwelling, nor
shall waste materials be permitted to discharge.
f. Watercraft, watercraft trailers, motor homes, trailers, recreational vehicle trailers and
campers stored on property designated for residential use shall meet reasonable standards
of appearance and maintenance as follows:
1. The ground beneath the watercraft, watercraft trailers, motor homes, trailers,
recreational vehicle trailers and campers shall be kept free of debris, including weeds
and grass in excess of twelve inches (12").
2. Watercraft trailers, motor homes, trailers, recreational vehicle trailers and campers
tires shall be inflated to tire specifications.
3. The watercraft, watercraft trailer, motor home, trailer, recreational vehicle trailer and
camper shall be kept clean and not be allowed to become a nuisance that can be
detected beyond the owner's property line.
4. Only routine repairs and maintenance may be performed on watercraft, watercraft
trailers, motor homes, trailers, recreational vehicle trailers and campers parked in
front yards.
(PoliciesProcedures/LandDevelopmentCode - April 2002) III -15
,.,
..",.,
g. The owner of the watercraft, watercraft trailers, motor homes, trailers, recreational vehicle
trailers and campers must reside on the premises where the item is parked or stored.
Additional property owned by the resident adjacent to the residence is considered to be a part
of the premises for this purpose. The vehicles shall not be used for residential purposed,
except during an emergency or natural disaster.
h. Visitors may reside in their motor homes on property designated for residential use for a
maximum of a two (2) week period with a permit. Waste material shall not be permitted to
discharge. A visitor residing in a motor home can be permitted no more than twice in a six-
month period.
1. A limit of one (1) vehicle (watercraft, watercraft trailer, motor home, trailer, recreational
vehicle trailer or camper) per 4,000 sq. ft. of lot area shall be allowed to be parked in the
front setback and/or side yard. Additional vehicles may be parked in those areas for no
longer than two (2) weeks.
21-34.07 - Salvage Yards
The purpose of this Section is to control the operation of salvage yards and similar uses.
a. Salvage yards shall comply with the conditional use standards for the 1-2 zoning district.
b. The site shall be a minimum of 40,000 square feet and a maximum of 200,000 square feet,
and shall conform to the buffer yards requirements described in Article V, Section 21-54.
c. All sites shall be enclosed by an eight foot (8') high opaque fence or wall.
d. Nothing stored shall be visible above the height of the fence or wall.
e. Occupationallicense shall be required.
f. No storage or parking of items under control of the salvage yard shall be permitted outside
of the fence or wall.
21-34.08 - Refuse and Dumpsters
The purpose of this Section is to control the placement and operation of refuse and dumpsters and
similar such uses.
a. Dumpsters on commercial, industrial and multi-family properties shall be enclosed from
(PoliciesProcedures/LandDevelopmentCode - April 2002) III -16
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...",
view with a six foot (6') high opaque fence and gate.
b. No dumpsters, containers or containment areas shall be permitted in any public right-of-way.
c. Gates shall be kept closed at all times except on designated pick up days.
d. Dumpsters and/or containers can not be delivered, emptied or removed during the hours of
ten p.m. (10:00 p.m.) to six a.m. (6:00 a.m.).
e. Containment areas shall be maintained in a clean and orderly manner so as to not produce
a nuisance at all times.
21-34.09 - Kennels
The purpose of this Section is to minimize conflicts of noise, odor and health hazards created by
kennels. In addition to the regulations as set forth within the district(s) in which the use is located,
the following minimum regulations shall apply:
a. Commercial kennels are limited to the ralSlng, breeding boarding, and grooming of
domesticated animals. Farm animals such as pigs and chickens or exotic animals such as
snakes are expressly prohibited.
b. All runs shall be equipped with drains provided every 10 feet (10') and connected to a
sanitary facility approved by the City Engineer.
c. No animal having a disease harmful to humans shall be boarded or maintained in the facility.
d. No building or other structure nor any dog run shall be located within 150 feet (150') of any
residential use.
e. Dog runs adjacent to a residential use shall not be used between the hours of lOP .M. and 7
A.M.
f. Kennels are required to receive a commercial kennel license from the V olusia County
Animal Control Department and City of Edgewater Occupational License after receiving a
Certificate of Occupancy from the City.
g. See Chapter 5 of the Code of Ordinances, City of Edgewater, Florida.
(PoliciesProcedures/LandDevelopmentCode - April 2002) III -17
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21-34.10 - Solid Waste Receptacles, Residential
a. Containers may be placed in the adjacent street right-of-way the evening before the
scheduled pick up service, and shall be removed no later than 11 :00 PM on the day of
scheduled pick up service.
b. All solid waste shall be placed in containers with lids that deter animals from accessing the
containers.
c. All containers shall be stored on the premises of the owner or tenant, behind the front
dwelling line, until containers are placed at the right-of-way on scheduled pick up days.
d. It shall be the duty of any person owning or controlling a house or other building or premises
to remove any uncontained solid waste on both the subject parcel and the adjacent right-of-
way.
e. Regulations regarding multifamily, commercial and industrial solid waste collection
requirements are found in Section 21-34.08.
f. Yard waste (pine needles, leaves, etc.) are to be properly contained before placement at the
right-of-way. Tree cuttings and yard waste too large to contain shall be placed at the right-of-
way in piles no larger than 4'x4'x4' (4 feet high, 4 feet deep, 4 feet wide) total.
g. Tree removal on an unimproved lot shall be the responsibility of the owner or contracting
tree removal company. Tree removal on an improved lot shall be the responsibility of the
contracting tree service.
21-34.11 - Mini-warehouses
Mini-warehouses may be permitted under the following conditions:
a. Mini-warehouse buildings shall be screened from the public right-of-way by a minimum of
a six foot (6') high opaque fence or wall with a ten foot (10') high landscape buffer planted
adjacent to the street side and on all boundaries facing residential districts.
b. The project shall be completely fenced, walled, and designed to limit ingress and egress
through a controlled and lockable access point. This shall be limited to one (1) two (2) way
access points or two (2) one (1) way access points
c. Mini-warehouse units shall not contain any provision for electric outlets, potable water, or
sewer services within the confines of the warehouse units. Hose bibs for cleaning purposes
(PoliciesProcedures/LandDevelopmentCode - April 2002) 1II-18
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..""",
may be installed on the outside of the warehouse structures.
d. Bathroom facilities will be provided at a central facility in accordance with the Standard
Plumbing Code.
e. Mini-warehouses are to be used solely for storage purposes. No other commercial use or
business shall be permitted within the facility. However, one (1) office unit attached by
common walls or floors as a part of the mini-warehouse facility may be provided for use of
the warehouse manager.
f. No storage of flammables, weapons, ammunition, explosives, hazardous, or illegal
substances or materials is allowed.
g. Mini-warehouses may be permitted as a conditional use in the B-3, BPUD and Highway
Commercial District when located at least 100 feet (100') from the front property line and
where in that 100 feet (1 DO') the property is developed.
h. Occupational license shall be required.
21-34.12 - Bed & Breakfasts
a. Bed and breakfast accommodations, as defined in section 21-20 shall require off-street
parking at 1 spacelbedroom, plus residential requirements.
b. Landscaping shall be provided as required for hotel/motel uses.
c. One (1) sign not to exceed six (6) square feet.
21-34.13 - Nursing Homes
a. Nursing home sites shall front on a major collector or arterial roadway.
b. Buffering shall be provided based on land use intensity and comply with the landscaping
requirements of Section 21-54.
21-34.14 - Residential Professional Offices
Residential Professional Offices are permitted as a conditional use and require site plan approval.
Residential Professional Offices are permitted only along major roadways (US 1 SR 442, Park
A venue). Residential Professional Office site plans shall be provided with a zoning application and
(PoliciesProcedures/LandDevelopmentCode - April 2002) III -19
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..."""
shall include:
a. Off-street parking and landscaping requirements of Sections 21-54 and 21-56.
b. One advertising sign not to exceed four (4) square feet of display area and an overall height
of four feet (4').
c. Commercial building code requirements shall be met.
SECTION 21-35 - PROHIBITED USES
21-35.01 - Outdoor Storage, Residential
Open outdoor storage in residential districts or property where primary use is residential is expressly
prohibited when seen from the right-of-way, except those items listed in Section 21-34.05.
21-35.02- Vehicle Sales/Storage on Vacant Lots/Public Right-of-Way
The sale, lease, or offering for sale or lease, or storage of any vehicles, including but not limited to,
cars, trucks, commercial vehicles, semi-tractors, tractor trailers, watercraft, trailers, recreational
vehicles, campers, and equipment shall be prohibited on all vacant lots and all public right-of-ways
within the City.
21-35.03- Canopies/Temporary Carports and Tents/Gazebos
a. Owners of canopies/temporary carports and tents/gazebos shall be required to secure the
above objects so as to prevent them from becoming airborne or from leaving the property
where installed, as well as keep them in a good state of repair.
b. The below specifications are intended to be minimum only and are no indication or
guarantees of fitness for securing the temporary items covered under this section. Quantities
and sizing will vary by the size of the item being secured.
1. All tie downs must be secured to solid, immoveable objects such as: mobile home
anchors, concrete driveways, buildings, etc., or as per manufacturer's installation
instructions or engineer's specifications.
2. All tie down leads must be a minimum of 3/16" galvanized or stainless steel cable
or a minimum of 3/8" true nylon rope, (not polyethylene, polypropylene or
polyester) or sized as per manufacturer's installation instructions or engineer's
specifications.
(PoliciesProcedures/LandDevelopmentCode - April 2002) 111-20
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....,
3. It is forbidden to use concrete blocks or weights of any kind as a method of tie down
because attaching weight or other moveable objects to canopies/temporary carports
and tens/gazebos can cause those weights to be catapulted by wind lift.
c. Canopies/temporary carports shall be located in the driveway, immediately parallel to the
driveway, in the side yard or back yard, but at no time shall they extend over the property
line or into the public right-of-way. There shall be a limit of one such canopy/temporary
structure in the front setback/front yard area and shall be as far from the front property
line/street as the yard size or driveway permits. This location must not cause a safety
problem. No enclosing or side tarps will be allowed in the front setback/front yard area.
d. Tarps/tops of temporary structures shall be removed during hurricane warning conditions.
e. Use of such canopies within the front setback/front yard, shall be limited to cover
automobiles, watercraft, watercraft trailers, motor homes, trailers, recreational vehicle
trailers, campers and including other motorized vehicles.
21-35.04- Commercial Vehicles in Residential Areas
The purpose of this Section is to control the proliferation of commercial vehicle parking in
residential areas.
a. The term commercial vehicle is defined as any vehicle with a rated capacity greater than one
(1) ton, has more than two (2) axles, or is over twenty-four feet (24') long.
b. It shall be unlawful for a commercial vehicle, and/or associated trailer, tractor trailers, or
beach concession vehicles with a greater than I-ton rated capacity to be parked on any
property whose primary use is residential, except when being loaded or unloaded.
c. One commercial vehicle with less than a I-ton rated capacity shall be permitted to park on
any property whose primary use is residential.
21-35.05- Neglected Premises
a. It shall be the duty of any person owning or controlling a house or other building or premises
to maintain such premises in a reasonably clean and orderly manner and to a standard
conforming to other orderly premises in that vicinity. It shall be a violation of this section
to abandon, neglect, or disregard the condition or appearance of any premises.
b. Every exterior wall of the building shall be free of holes, breaks, loose or rotting boards or
(PoliciesProcedures/LandDevelopmentCode - April 2002) 111-21
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timbers. All siding material shall be kept in repair. Roofs shall be structurally sound and
maintained in a safe manner and have no defects.
c. All portions of existing buildings, both interior and exterior, shall be maintained in such a
manner that structural strength, stability, sanitation, adequate light and indoor air quality,
and safety to life and property from fire and other hazards are provided for public safety,
health, and general welfare.
21-35.06- Parking on Drainage or Maintenance Easements or Public Right-oC-Way
It shall be unlawful to park or store any vehicle, boat, trailer or equipment of any kind on City,
County or State maintenance and/or drainage easements or public right-of-way.
SECTION 21-36 - ACCESSORY USE REQUIREMENTS
21-36.01 - Purpose
This section includes those accessory uses and detached structures that are subordinate to the main
use or building and located on the same lot. The term other accessory buildings shall include, but
not be limited to such structures as greenhouses, gazebos, storage buildings, storage shed, garages,
carports and the like.
21-36.02 - General Regulations
a. The principal permitted use must be built or permitted prior to a permit for an accessory use
is issued.
b. All accessory uses, buildings and structures shall be located on the same lot as the principal
or permitted use.
c. No accessory use, building or structure shall exceed the height limit shown in that district.
d. Accessory buildings shall not be rented or otherwise used as a dwelling unit.
e. No accessory structure may be located within a public right-of-way or public easement.
f. All accessory structures are required to obtain a building permit.
g. No accessory structure may be located in any front yard in any zoning district.
(PoliciesProcedures/LandDevelopmentCode - April 2002) 111-22
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h. Accessory buildings shall conform to the setback requirements described in Table V -1.
1. No accessory building may be located within any required parking area, landscape area or
storm water facility area.
J. Accessory buildings shall be limited to 2 per parcel.
k. Storage sheds of 120 sq. ft. or less may be located five (5') feet from rear and side property
lines.
21-36.03 - Outdoor Storage and Display: Commercial, Industrial
The purpose of this Section is to provide regulations for the location of outdoor storage and display
facilities where such storage is an accessory use and a part of normal operations on the premises.
a. Outdoor storage and display may be permitted in conjunction with the uses allowed in
certain commercial and industrial districts as indicated in Table III-3. Such outdoor storage
or display shall not be located adjacent to any residential district or use unless such storage
or display is screened from the view of the neighboring residential district or use.
b. No outdoor storage may be located in any required front yard, parking areas, fire zones,
loading areas, or access lanes.
c. All outdoor storage areas shall be screened from view by a six foot (6') high opaque fence
or masonry wall. However, the wall or fencing shall not interfere with the flow of traffic
entering or leaving the site.
d. Loose materials such as sand, Styrofoam, cardboard boxes, mulch, compost areas, and
similar materials which are subject to being scattered or blown about the premises by normal
weather conditions shall be contained by an adequate enclosure. No outside storage area
or building shall be located in a public right-of-way, utility, or drainage easement.
e. Commercial outdoor display of merchandise may be permitted as an accessory use within
the required front, side, or rear yard areas, providing that such outdoor display shall not be
located adjacent to a local residential street.
f. Outdoor display of vehicles, watercraft, etc., for sale shall be set back no less than ten feet
(10') from the front and side corner property line and five feet (5') from the interior side and
rear property line. Landscaping shall be installed in this area on any adjacent local street.
g. All display merchandise and related display equipment shall be removed at the close of
(PoliciesProcedures/LandDevelopmentCode - April 2002) 111-23
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business each day. No outdoor display areas shall be permitted within required parking
spaces or areas, public sidewalks or pedestrian or vehicular access areas, parking aisles, or
driveway entrances or exits.
h. All unattended machines dispensing a product shall be located indoors.
21-36.04 - Satellite Dishes and Antennas
The purpose of this Section is to control the location of satellite dishes and antennas in order to
allow their use without sacrificing property values. Telecommunication tower location and site
development standards are found in Article XII.
a. Privately owned ham radio antennas, citizens band radio and/or satellite dish antennas shall
be considered accessory uses. All other such facilities belonging to companies whose
business involves the reception, or transmission, of wireless communication signals shall be
considered commercial uses.
b. Pursuant to the Federal Telecommunications Act of 1996, satellite dishes 39 centimeters
(approximately 36 inches), or less, in diameter shall not require an installation permit.
c. A satellite dish greater than 36 inches (36") in diameter shall require a building permit from
the City.
d. Except as provided in Article XII, antennas and satellite dishes greater than 36 inches in
diameter shall set back five feet (5') from side and rear lot lines or easement.
e. No satellite dishes larger than 39 centimeters (approximately 36 inches) or antennas shall
be permitted in the front yard of any parcel.
f. The required setback shall be measured from the closest point of the outermost edge of the
antenna, or satellite dish, to the property line.
g. Except as provided in Article XII, the height restrictions for antennas and satellite dishes
shall not exceed the height limit in that district.
21-36.05 - Places of Worship - Schools/Child Care
The purpose of this Section is to establish criteria for the operation of schools and recreation
facilities as an accessory use associated with places of worship.
a. A school operated by a place of worship shall not be permitted to locate within 25 feet (25')
(PoliciesProcedureslLandDevelopmentCode - April 2002) 111-24
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of property used as residential.
b. Recreation areas associated with places of worship shall not use artificial site lighting at
night unless shielded from adjacent residential areas.
c. No recreational activity shall be located closer than 25 feet (25') to an adjacent parcel.
d. The front yard of a place of worship shall be on an arterial or collector roadway.
e. The building design for new construction shall be substantially similar to the design of the
existing structures. No portables, trailers or like buildings are permitted.
f. Parking and service areas shall be located away from adjacent parcels.
21-36.06 - Boathouses
The following regulations shall apply to boat houses in all the R-I, R-2, R-3, R-4 and R-5 districts.
a. Height of boathouses: No boathouse shall be erected or altered to a height exceeding fifteen
(15') feet from mean high water.
b. Boathouse setback: No boat house shall be built less than five (5') feet from the established
bulkhead line or less than ten (10') feet from any side lot line. If no bulkhead line is
established, then the mean high tide watermark shall be used as the line of measurement.
c. Accessory building attached to boathouses: No accessory building which is attached to a
boathouse and a part thereof shall be erected or altered less than twenty (20') feet away from
the established bulkhead line. If a bulkhead line is not established, than the mean high water
mark shall be used as the line of measurement.
d. Detached accessory building to boathouse: A detached accessory building to a boathouse
is prohibited in the R-I, R-2, R-3, R-4 and R-5 Residential districts.
e. Area of boathouses: No boathouse or similar structure shall exceed twenty (20') feet in width
measured on a line parallel to the established bulkhead line or exceed forty (40') feet in depth
measured at right angles to the established bulkhead line. If a bulkhead line is not
established, then the mean highwater mark shall be used as a line of measurement.
(PoliciesProcedures/LandDevelopmentCode - April 2002) 1II-25
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21-36.07 - Boat Docks and Slips
a. Boat docks and slips for mooring pleasure boats, yachts and non-commercial watercraft shall
be permitted in any residential district as an accessory use to the residential use.
b. 1fno bulkhead line is established, then the mean highwater mark shall be used as the line of
measurement.
21-36.08 - Boats as Dwelling Units
No boat or vessel shall be used or maintained as a dwelling unit which is not sound, seaworthy and
equipped with sanitary facilities that are either:
a. Connected to a public sewer system, or
b. Have a self-contained waste treatment system.
SECTION 21-37 - SPECIAL ACTIVITYIPERMIT REQUIREMENTS
21-37.01 - Special Acti"ity Pelmit - TempouIJ Use
A temporm) U5e i5 one that i5 designed, con5tt ucted and intended to operate f01 a period oftil1le not
to exceed ten (10) day 5.
21-37.02 - Pelnlit PIOc.ess
a. An applicant for a plop05ed 5pecial aeti v ity U5e 5hall complete an application form
developed, and periodically 1evi5ed, by the City Clerk. Said f01m 5hall, at a minimum,
include the 5ignatme of the property o~ner of the pared on ~hich the temporary U5e 01
5pecial acti v ity i5 prop05ed a5 ~ell a5 other pertinent information deemed neec55ary by the
City Clerk.
b. The City Clerk 5hall circulate the application to other City depm1ment5, appropriate:, f01 the
5pccifie 1eque5t, for1evie~ mId comment 5ubjcet to the Gitetia in Section 21-37.03 below.
e. No later than ten (10) ~orking da:y5 ctftcrreecipt of a complete application, the City Clerk
5hall cithc1 i55t1e the Permit or pro v ide thc applicml:t ~ ith ~ritten rea501l5 fo1 denial, and/or
delay, of the permit reqt1C5t.
(PoliciesProcedures/LandDevelopmentCode - April 2002) 111-26
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d.
~~~~~;~it application shall be pIOeesscd ~ithout receipt of the fee as established by
21-J7.8J - Pelluit CIitelia
;,~ ~~~~~ ~ ~~~cial Aeti v itics Pelmit, the Ciry must detennine the applie.:rtion substantially meets the
entena bclow.
a.
!~e ~1~oposed use ~ill not lesult in unsafe ingress and/or egless ful cithGI pedestrians 01
vehicles, and shall comply ~ith pat king 1equileIllents ful th.:rt use.
b.
The proposed use ~ill eouipl, vvith the app10priate Life Safety Code lequilements.
e.
The proposed use ~ill eoniply ~ith the appropriate Duilding Code lequireIllents.
d.
The ploposed use is limited to a specific period ofti111e not to exceed ten (10) days.
e.
f.
The proposed use ~ill opelate only dming the specific daily time period lequested in the
application, 01 granted by the City.
g.
The ploposed use ~ill direct arry on-site lighting a~ay fi0111 adjacent patccls and the
adjacent road~ays.
h.
The applicant shall supply adequate sanitar) facilities fur the dw.:rtion oft11e event.
The applicant shall post a bond 01 an inswarlcc policy to hold the City harmless flom any
liability resulting fiom the opel.:rtioll of the Special Activiry Permit.
The Ciry Council may ~ai ve the application fce, fu1 a non-profit agency.
Sec. 21-37.01 Purpose/Scope
To establish policies and procedures pertaining to special activities. including but not limited to
outdoor entertainment. to ensure compliance with all applicable City. County and State
requirements. A special activity permit will be required for ALL special activities held within the
City limits of Edgewater.
(PoliciesProcedures/LandDevelopmentCode - April 2002) 111-27
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21-37.02
Definitions
Charitable event/activitv - is an event/activity or cause sponsored by a business or non-profit
organization for the purpose of soliciting aid. assistance or contributions for benevolent purposes.
To uali as a charitable event/activi . all rofits net difference of ross revenues less ex enses
must be given to the charitable cause for which the charitable event/activity was organized. For
purposes of this definition. a charitable event/activity can not exceed one (1) day. Each charitable
event/activity permit application shall adhere to the special activity permitting process as defined
in Section 21-37.04. For the purposes of this definition. a charitable event/activity does not include
an event/activity with the primary purpose of carrying on propaganda or otherwise attempting to
influence legislation. and does not include an event/activity with the primary purpose of raising
funds or garnering support for a political campaign on behalf of (or in opposition to) any candidate
for public office.
City svonsored activitv - sponsored or co-sponsored by the City Councilor any City Department
for the benefit of the residents of the community.
Civic group/non-vrofit organization - any group that meets for the improvement of the community
and whose main function is to make the community a better place to live either by deed. donation
ohime or finances. A tax-exempt certificate is not necessary if the group meets the above stated
criteria.
Communitv activity - activities which take place on City owned or controlled property in which the
general public is invited to participate.
Live entertainment - entertainment in the form of music. singing. speaking or similar activities that
are enhanced by amplification equipment. This includes bands. concerts. performances. karaoke
and disk iockey functions.
Outdoor entertainment - entertainment in the form of music. singing. speaking and similar
activities. amplified or non-amplified that is located outside of or partially outside ofthe area ofthe
sponsoring property permitted for normal retail sales or services.
Private business - any business enterprise operating for the purpose of creating a profit.
Special activity - any public or private activity held within the City of Edgewater in which it can
be reasonably anticipated that the number of persons attending the activity will exceed the on-site
parking. seating or sanitary facilities available at the premises upon which the activity will take
place and that services will be required beyond that which are regularly provided by the City such
as additional traffic controL crowd controL fire and/or emergency services. street closures. cleanup
or other municipal services.
Special activity permit - a permit issued by the City Council to authorize a special activity.
(PoliciesProcedures/LandDevelopmentCode - April 2002)
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21-37.03
Special Activity Permit Requirements:
L The uses authorized by a Special Activity Permit are temporary and all permitted
improvements shall be removed within five (5) days of the completion ofthe special activity.
2. The number of special activities at any given location or address shall not exceed:
a. one 10-day period and two I-day charitable events/activity between the period of
January 1st through June 30th; and
b. one 10-day period and two I-day charitable events/activity between the period of
July I st through December 31 st.
.:L Outdoor entertainment/amplified sound in coni unction with a special activity shall be
permitted only at the following times and days:
a. Weekdays (Monday thru Thursday) I :00 PM to 9:00 PM
b. Weekends (Friday and Saturday) I :00 PM to 9:00 PM
c. Sunday I :00 PM to 9:00 PM
21-37.04
Special Activity Permit Allplication Process
a. A special activity permit will be required for each special activity held within the City of
Edgewater.
b. A special activity permit application must be completed and submitted to the Planning
Department for review by City staff at least 60 days in advance of the activity. The
application must inclnde specific dates and times of the planned activity (includin; sel uf.
and demobilization). number and types of vendors. tYpes and hours of entertainment
specific parking layouts. quantity and number of sanitary facilities. If the application is for
a charitable event/activity, sufficient information (financial. medical. socieo economic) must
be provided for a clear determination that the event meets the criteria of a charitable
event/activity. Hours for outdoor entertainment/amplified sound are described in Section
2 of this Article.
c. The completed special activity permit application and staff comments will be provided to
the City Council for review and consideration at the next regularly scheduled meeting. City
staff will notify affected property owners within 500 feet of the site requesting the special
activity master plan of the date and time of the City Council meeting in which the
application will be reviewed. Applicant shall provide names and addresses of affected
property owners.
(PoliciesProcedures/LandDevelopmentCode - April 2002) 111-29
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21-37.05
Special Activity Permit Criteria
L
The ro osed activi
vehicles.
edestrians or
2. The proposed activity shall comply with the appropriate Life Safety Code conditions.
.1 The proposed activity shall comply with the City's Land Development Code and noise
ordinance conditions.
4. The proposed activity will direct on-site lighting away from adiacent parcels and roadways.
5. The proposed activity shall have adequate sanitary facilities.
6. The applicant shall post a bond or provide insurance in the amount of$200,000.00 to hold
the City harmless of any and all liabilities.
7. The City Council may add other conditions to protect the health, safety and welfare of the
residents.
21-37.06
Temporary Structures
It shall be the responsibility of the applicant of the special activity permit to ensure the structural
inte ri of all tern or structures erected for s ecial activities. The structures are to be safe
structurally sound and of adequate capacity to service the number of persons proposed to use the
structure and must be removed with five (5) days of completion of the special activity. The Building
Official and Fire Marshal shall verify such compliance is obtained.
21-37.07
Inspections to Ensure Compliance
The Citv shall provide scheduled and unscheduled inspections prior to and/or during the special
activi b olice fire code com liance buildin and/or ci administration re resentatives to
monitor and ensure compliance with all applicable City, County and State codes. Special activity
permits that include outdoor entertainment may require a code compliance officer to remain on site
during the activity. The cost of said officer shall be reimbursed to the City by the sponsor/promoter.
Appropriate State agencies are responsible for the inspection of amusement rides and public food
preparation facilities.
21-37.08
Penalties
Any person or entity who shall conduct. operate or maintain a special activity and fails to obtain a
special activity permit shall be ordered to cease and desist and be punished by a fine of three times
(PoliciesProcedures/LandDevelopmentCode - April 2002) 111-30
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21-37.09
Exceptions
SECTION 21-38 - FENCES, WALLS, and HEDGES
21-38.01 - Purpose
The purpose of this section is to set forth the standards necessary to regulate the use of fences.
21-38.02 - General Requirements
The following regulations shall apply to the erection of fences, walls and hedges.
a. All fencing materials must comply with the definition in Article II.
b. All fences shall comply with the provisions of the applicable building codes.
c. Fences may be located in all front, side, and rear yard setback areas and directly on property
lines, provided that if a fence encroaches into a utility access easement or right-of-way, the
City shall not be responsible.
d. The maximum allowable height of all fences located in the front yard setbacks and river
front lots of residential property not subject to site plan review shall be four feet (4').
Fences located in these areas must be non-opaque (50% visibility). The maximum allowable
height of all other fences in residential areas shall be six feet (6') including side comer yards
and meet the site triangle requirements. Six (6") foot fences on side comer lots shall be
setback ten (10') feet from property line. In commercial and industrial areas no fence shall
exceed ten feet (10') in height unless otherwise approved as part of a development plan and
meet the site triangle requirements. The filling or berming of property solely for the purpose
of creating a barrier that exceeds the height requirements contained herein is prohibited.
e. Concrete block walls shall be constructed with appropriate reinforcement as determined by
the Building Official. Block walls shall be stucco or painted to compliment the surrounding
(PoliciesProcedureslLandDevelopmentCode - April 2002) 111-31
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character of the area.
",
f. Any fence erected on property utilized for nonresidential purposes which abuts property
utilized for residential purposes shall be erected with the finished side facing outward or
away from the enclosed screened area. Any fence located adjacent to a public right-of-way
shall be erected with the finished side facing the right-of-way. The good-side" offence shall
be facing public view.
g. Approval to exceed maximum height limitations may be granted by the Planning Director
subject to either of the following:
1. The enclosed or screened area is sufficiently lower than adjoining lands to render a
fence of the maximum allowable height inadequate for its intended purpose.
2. The area to be enclosed or screened contains a nuisance or a hazard that cannot
adequately be encompassed or obscured by a fence of the maximum allowable
height.
h. Fences with barbed wire shall be prohibited in conjunction with residential development. In
nonresidential development, up to three (3) strands of barbed wire may be installed at the
top of a fence. For regulatory purposes, barbed wire shall not be included in the
measurement of the fence height. In no case shall barbed wire be allowed to overhand or
extend outside of the property lines of the site on which the fence is installed, nor shall any
barbed wire be installed at a height ofless than six (6) feet.
1. Electric or electrified fences shall be prohibited except in agriculturally zoned districts for
the containment of livestock.
J. Customary fencing around public recreational amenities shall be exempt from height
restrictions.
k. Opaque fencing shall not be permitted on lots fronting on large lakes, rivers, golf courses or
other common areas deemed as an aesthetic amenity.
1. Fences shall conform to the "site triangle" requirements as set forth below:
Site Triangle Requirements:
Nothing shall be erected, planted or placed in a manner as to materially impede
vision between a height of two and one-half feet (2 'l2') to ten feet (10') above the
intersecting street right-of-way lines. The site triangle shall be measured fifty feet
(50') in each direction from the intersecting right-of-way lines.
These regulations may also apply in commercial ingress and egress driveway areas
if the TRC determines that a safety hazard may exist.
(See Site Triangle Diagram on next page)