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2002-O-08 '-' .....- ORDINANCE NO. 2002-0-08 AN ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA; AMENDING CHAPTER 21, THE LAND DEVELOPMENT CODE BY MODIFYING ARTICLE XV (AIRPORTS) AND ARTICLE XVI (FIRE & HAZARD PREVENTION), 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 XV (Airports) and Article XVI (Fire & Hazard Prevention) 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 of the City of Edge water, Florida: StI tlck thIotlgh passages are deleted. Underlined passages are added. 2002-0-08 ...... ~ PART A. AMEND CHAPTER 21 (LAND DEVELOPMENT CODE), BY AMENDING ARTICLE XV (AIRPORTS) AND ARTICLE XVI (FIRE & HAZARD PREVENTION) OF THE CODE OF ORDINANCES, CITY OF EDGEW ATER, FLORIDA. Article XV (Airports) and Article XVI (Fire & Hazard Prevention) 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 All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict.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 of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through F shall not be codified. StI tick thlongh passages are deleted. Underlined passages are added. 2002-0-08 2 -- """'" PART E. EFFECTIVE DATE. This Ordinance shall take place upon adoption. PARTF. ADOPTION. After Motion by Councilwoman Rhodes and Second by Councilwoman Lichter, the vote on the first reading of this ordinance held on May 20, 2002, was as follows: AYE NAY Mayor Donald A. Schmidt x Councilman James P. Brown x Councilman Dennis A. Vincenzi ABSENT Councilwoman Harriet E. Rhodes x Councilwoman Judy Lichter x After Motion by tA~ f2.L-L...I and Second by L~'---" p~ the vote on the second reading of this ordinance was as follows: AYE NAY Councilwoman Judy Lichter ~ .~ } y. ~ Mayor Donald A. Schmidt Councilman James P. Brown Councilman Dennis A. Vincenzi Councilwoman Harriet E. Rhodes Sh tick throngh passages are deleted. Underlined passages are added. 2002-0-08 3 PASSED AND DULY ADOPTED this 3 day of 2002. For the use and reliance only by the City of Edgewater, Florida. Approved as to forth and legality by: Scott A. Cookson, Esquire City Attorney Foley & Lardner SWek-tlnengh passages are deleted. Underlined passages are added. 2002-0-08 CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA $y o Donald A. Schmidt Mayor Robin L. Matusick Legal Assistant Approved by the City Council of the City of Edgewatej at a meeting held on this •f day of .s —, 2002 under Agenda Item No. !`g '-" ...., ARTICLE XV AIRPORTS SECTION 21-200 - GENERAL PROVISIONS 21-200.01 - General Provisions ................. ...................................... ..... ..... ....... ......... XV-l 21- 200.02 - Airport Hazard Zone .............................................................................. XV-l Article XV -1- Rev. 5\02 (PoliciesProcedures/LandDevelopmentCode) '-' ...", ARTICLE XV AIRPORTS SECTION 21-200 - GENERAL PROVISIONS 21-200.01 - General Provisions This article establishes a process and standards for development to ensure that the public health, safety and welfare is protected. The focus of this Article is on airport zoning. The purpose of this Article is not to replace or supersede requirements that mav be imposed by the Federal Aviation Administration or the Florida Department of Transportation. 21-200.02 - Airport Hazard Zone a. Purpose and intent - the purpose of this section is to prevent the creation or establishment of structures, lighting facilities, antenna, or other elements dangerous to air navigation. b. Scope - the regulations imposed in this llGction Article shall be enforced within the area on the map entitled EDGEW A TER AIRPORT HAZARD ZONE, which is shown on the City's zomng map. c. Airspace height zones standards: 1. No structure shall be permitted that exceeds the current Federal Aviation Regulations and Obstruction Standards concerning objects lying beneath approach, transitional, horizontal, primary and conical surface zones, as depicted on the zoning map. 2. No structure shall be erected that raises the published minimum descent height for an instrument approach to any runway, nor shall any structure be erected that causes the minimum obstruction clearance altitude or minimum en route altitude to be increased on any Federally Approved Airway. d. Lighting - notwithstanding the preceding provisions of the section, the owner of any structure more than two hundred (200') feet above ground level shall install lighting in accordance with FAA Advisory Circular 70-7460-1D and amendments thereto on such structure. Additionally, high intensity white obstruction lights shall be installed on a high structure which exceeds seven hundred (700') feet above ground level. The high intensity white obstruction lights must be in accordance with FAA Advisory Circular 70-7460-1D. e. Hazard marking and lighting - any permit or variance granted shall require the owner to mark and light the structure in accordance with FAA Advisory Circular 70-7460-1D. The permit may be conditioned to install, operate and maintain markers and lights as may be Rev. 5\02 (PoliciesProcedures/LandDevelopmentCode) XV - 1 ~ ...., necessary to indicate to pilots the presence of an airspace hazard if special conditions so warrant. f. Variance - no application for variances to the requirements of this section may be considered by the Planning and Zoning Board unless a copy of the application has been by furnished by certified mail, return receipt requested, to the Florida Department of Transportation, Bureau of Aviation, and by regular mail or hand delivered to the City of Edgewater Planning and Development Department for review and comment. If no comments are received within sixty (60) days after the postmark date, the Board may act without comment from the Bureau of Aviation. Rev. 5\02 (PoliciesProcedures/LandDevelopmentCode) XV - 2 ,..,. ~ ARTICLE XVI FIRE & HAZARD PREVENTION SECTION 21-210 - GENERAL PROVISIONS 21- 210.01 - Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. XVI-1 21-210.02 - Adoption of Codes ........................................ XVI-1 21-210.03 - Amendments to Codes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. XVI-1 21-210.04 - Access to Buildings by Fire Apparatus ........................ XVI-1 21 210.05 - Pile Lane Reqtlilem(,nt~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. XVI-2 SECTION 21-220 - HAZARDOUS MATERIALS 21-220.01 - Cleanup and Abatement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. XVI-2 21-220.02 - Cost Recovery, Penalties, other Remedies. . . . . . . . . . . . . . . . . . . . .. XVI-3 SECTION 21-230 - BURNING OF GARBAGE, TRASH, BRUSH, ETC. 21-230.01 - Burning or Burying Garbage, other Refuse ..................... XVI-3 21-230.02 - Burning of Trash and Ground Cover. . . . . . . . . . . . . . . . . . . . . . . . .. XVI-3 21-230.03 - Burn Permit Required. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. XVI-4 SECTION 21-240 - WATER DISTRIBUTION 21-240.01 - Water Distribution Systems. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. XVI-4 SECTION 21-250 - FIRE FLOW REGULATIONS & HYDRANTS 21-250.01 - Intent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. XVI-5 21-250.02 - Applicability. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. XVI-5 21-250.03 - Required Fire (Water) Flow. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. XVI-5 21-250.04 - Fire Hydrants ............................................ XVI-7 Article XVI -1- Rev. 5/02 (PoliciesProcedures/LandDevelopmentCode) -- ...." ARTICLE XVI FIRE & HAZARD PREVENTION SECTION 21-210 - GENERAL PROVISIONS 21-210.01 - Purpose The purpose of this Article is to promote, protect and improve the health, safety and welfare of the citizens of the City by adoption of nationally recognized codes and standards as well as following accepted industry (hazardous materials, water distribution, etc.) guidelines. 21-210.02 - Adoption of Codes The following standards are hereby adopted and incorporated by reference as the fire and life safety standards of the City: a. NPPA 1, Pirc Prcvcntion Cod", 1997 Editioh M IIClGihafkl amchdcd, b. NPPA 101, Life, Safety Codc, 1997 Editioh, c. Those, mandatory I {,fGrchccd publications as listed ih Chaptel 33, rdGChCc,d publications of NPPA 101, 1997 Edition, d. Tllos" nlahdatory IdcICll"cd publications M listcd ih Chapter 43, ICGOghizc,d stahdalds alId publicatiohs of NPPA 1, PiI" Prcverltioh Code, 1998 Edition. a. Florida Fire Prevention Code. 21-210.03 - Amendments to Codes The following are hereby amended to read as follows: a. Section t-=T 1-8, Board of Appeals; NPP A I, 1997 Edition Florida Fires Prevention Code, is repealed and replaced with Article VIII (Administration), Section 21-87 (Construction Regulation Board) of the City of Edgewater Land Development Code. 21-210.04 - Access to Buildings by Fire Apparatus a. All buildings (except one and two family dwellings) constructed, expanded, relocated or substantially changed after adoption of this Article, shall be accessible to Fire-Rescue Department apparatus by way of access roadways with all-weather driving surfaces of not less than twenty feet (20') of unobstructed width, with adequate roadway turning radius capable of supporting the imposed loads of fire apparatus and having a minimum vertical clearance of thirteen feet six inches (13'6"). Rev. 5/02 (PoliciesProcedures/LandDevelopmentCode) XVI-I '-' ...., b. The required width of access roadways shall not be obstructed in any manner, including the parking of vehicles. c. The Fire Chief or hislher designee shall have the authority to require an increase in the minimum access widths where they are inadequate for fire or rescue operations. d. Where security gates are installed, they shall be maintained and a means for emergency operation and entry shall be provided and maintained as approved by the Fire Chief or hislher designee. 21-210.05 FiI e LClne ReqlliI ements (Requirements are in the Florida Fire Prevention Code) a. PiLe lahc1\ 1\hall be, t~Ghty fcG! (20') ih ~idth. b. Pire lane1\ 1\l.a11 be rcqtIircd for all btIilding1\ thelt .ue 1\et back n.OIe than Ohe htIndred fifty ket (150') fron. a ptIblic or pri veltc road or excccd thitty feet (30') in height .1hd ate 1\et back mOle th.1h fifty kG! (50') froh1 a ptIblic road. c. Pile 1cu.e1\ 1\hall a11\0 be reqtIired for acce1\1\ to btIildihg 1\prinkkr/1\tandpipe cOhhectioll1\, fite hydrant1\ ahd llIajOt btIildiI.g entrahee poiht1\. d. Pire l.1he1\ lucty al1\o be rcqtIited ~l.en palking lot de1\ign, btIilding or 1\ite dC1\ign n.ake acce1\1\ to tI.e btIilding dimwIt for CnlugehCY vehide1\. e. PiLe lahc marking1\ 1\ha11 be M follo~1\. 1. Sign1\ 1\ha11 bc t~c1vc incl.c1\ (12") ~ide by eightceh inchc1\ (18") ih heigl1t, 2. Sigh1\ 1\hall be, ~hite ~ith red lcttCI1\ and 1\l.all rcad "No Parking 01 Standihg Pire Lanc", 3. Sigh1\ 1\l.all be placed cvery Ohe htIhdrcd fect (100') and 1\hall be dOtIble faced and 1\hall be 1\Cvcn feet (7') froIn the grotInd, 4. Shipcs on tI.e pavGn.Ght sl.a11 bG of safety ye11o~ thcrmoplastic ll.eltCIial ahd 1\l.a11 bc, f'Om ihcl.e1\ (4") ~idG and 1\ha11 be placed c,vcry one 1.tIndrGd ket (100') ahd 1\1.a11 Lead "No Parking or Stc'lhdihg - Pire Lc'lhe", c'lhd 5. Cmb1\ 1\ha11 be painted ih 1\afety yello~ for the lellgtI. of thc fire l.1he. SECTION 21-220 - HAZARDOUS MATERIALS 21-220.01 - Cleanup and Abatement a. The Fire-Rescue Department is hereby authorized to take such steps deemed necessary to cleanup, remove or abate the effects of any hazardous substances discharged upon or into Rev. 5/02 (PoliciesProcedures/LandDevelopmentCode) XVI - 2 'W' ...".t public or private property or facilities located within the corporate limits of the City. b. Any person who, without legal justification, discharged, participates or assists in the discharge or authorizes the discharge of any hazardous substance that requires cleanup, removal or abatement by the Fire-Rescue Department or its contractors shall be liable to the City for the costs incurred by the City in the cleanup, removal or abatement of such discharge. In the event that more than one (l) person has made a discharge, participated in the discharge or authorized the discharge of a hazardous substance, each person shall be jointly and severably liable for costs incurred in the cleanup, removal or abatement of such discharge. c. The Fire-Rescue Department shall keep a detailed record of any costs incurred in the cleanup, removal or abatement of discharge of any hazardous substance. 21-220.02 Cost Recovery, Penalties, other Remedies a. Any person responsible for discharging, participating or assisting in the discharge or authorizing the discharge of a hazardous substance shall reimburse the City for the full amount of all costs associated with the cleanup, removal or abatement of any such discharge within a period of thirty (30) days after receipt of an itemized invoice for such costs from the City. b. The remedy provided for in this section shall be supplemental and in addition to all other available remedies at law and equity. c. Funds recovered pursuant to this section shall be allocated to the city departments that incurred costs in the cleanup, removal or abatement of the discharge of a hazardous substance. It is the intent of this Article that levels of response equipment, inventories and City funds be replenished to levels which existed prior the City's response to a discharge of hazardous substances. SECTION 21-230 - BURNING OF GARBAGE, TRASH, BRUSH, ETC. 21-230.01 - Burning or burying garbage, other refuse No garbage, trash, brush, natural cover or other refuse shall be burned except as provided in this Article, and no garbage shall be buried within the City. 21-230.02 - Burning of trash and ground cover Conditions for open burning of trash and natural cover. Open burning of trash, brush, and natural cover (as a result of land clearing) may be permitted by the fire department when it is determined that: Rev. 5/02 (PoliciesProcedures/LandDevelopmentCode) XVI - 3 .1IW" ..",., a. The weather conditions will allow the escape of smoke and fire byproducts without being a hazard or nuisance to the surrounding citizens or their property. b. The location, amount and nature of ~ materials, when burning, present no health or safety hazards to the surrounding citizens or their property. c. The time of day that materials may be burned and when they must be extinguished will be established by the Fire Chief based upon the considerations set forth herein and those safety practices deemed necessary based on standard fire procedures. 21-230.03 - Burn permit required A burning permit must be secured from the Fire Department prior to each bum and shall be subject to such conditions as are imposed by the Fire Department. Any violation of the conditions of the bum permit or of any provision of this Article shall be cause for revocation of the permit and may be considered for prosecution as a code violation, misdemeanor or as a basis for denial of subsequent applications where such violations have been determined by the Fire Chief or hisfher designee to have constituted a public hazard. A fee will be assessed to cover the costs of issuance of each permit. Said fee will be established fl0tH tirhG to titHe. by resolution of the City Council. SECTION 21-240 - WATER DISTRIBUTION 21-240.01 - Water distribution systems Water Distribution System Piping shall include all piping, which is part of the water distribution system which and supplies water to a fire hydrant. a. Minimum Size. Except as provided herein, all new water mains supplying water to fire hydrants shall be at least six inches (6") in inside diameter. The minimum size for water mains will vary according to the intended use of the property as set forth in Section 21-250 (Fire Flow Regulations). When water mains are installed along right-of-ways that have differing abutting land uses, the diameter along the entire run shall be based on the largest main size required hereby. b. Looping. Except as provided herein, all water mains serving fire hydrants shall be looped. Water mains shall be designed so that in the event the water supply is interrupted at one (1) end of the loop; the flow of water to the hydrant shall not be entirely eliminated. c. Provisions for Non-Looped Water Mains. Recognizing the fact that there will be applications where looped water mains are impractical, the following applications are exempt: Rev. 5/02 (PoliciesProcedures/LandDevelopmentCode) XVI-4 .... ~ 1. Dead-end water mains supplied by a looped water main of equal or larger size may be extended the following distances: up to two hundred fifty feet (250') for six inch (6") water mains, and up to five hundred feet (500') for eight inch (8") or larger water mains. This application is permitted without any upsizing of the water main, providing the required fire flow is available. Physical arrangements may include unusual street layouts such as a cul-de-sac, or cases where a hydrant is required on one (1) side of a street and the water main is on the other. The preferred diameter for dead-end mains is eight inches (8") if sufficient feed is available. 2. Dead-end (non-looped) water mains may be permitted in new subdivisions and land development sites where there are no water mains present or of sufficient size to complete a loop. This would be applicable to areas being serviced by a single larger (eight inch or larger) diameter water main. 3. When non-looped water mains not already covered in subparagraph (2) are permitted in place of looped water mains, the minimum size shall be increased by not less than two inches (2") in diameter and still meet the minimum fire flow requirements as determined by this Article. SECTION 21-250 - FIRE FLOW REGULATIONS & HYDRANTS 21-250.01 - Intent The intent of this Section is to assure an adequate supply of water for fire suppression by establishing minimum water main sizes and minimum water flow rates to control and extinguish fires that may occur within the City of Edgewater. This Section is applicable to the City water distribution system's future additions, and the replacement of any existing noncomplying segments of the system through normal system upgrading. 21-250.02 - Applicability This Section will not apply to one (1) and two (2) family dwellings being built outside of an approved subdivision or land development project. The intent of this Section is to exempt new and existing one (1) and two (2) family dwellings located within sections of the City which were developed without a water system meeting the minimum requirements of this Article. 21-250.03 - Required fire (water) flow The required fire flow is the quantity of water measured in gallons per minute (GPM) that is needed to extinguish a fire involving a particular building, area or material. Rev. 5/02 (PoliciesProcedures/LandDevelopmentCode) XVI-5 ..... ..., a. The computation of the required fire flow depends upon the size (gross square footage), type of construction, occupancy, separation between buildings and/or combustible materials, and the potential heat release of the materials being evaluated using a form developed by the Insurance Services Organization (ISO). Fire wall separations within a building may not be used as a means of reducing the gross square footage. b. The minimum size for water mains supporting fire hydrants and the minimum flow rates for the various land use groups shall be as follows: c. 1. Six inches (6") and five hundred gallons per minute (500 GPM) for one and two family residential (single family, detached and duplex), 2. Eight inches (8") and one thousand gallons per minute (1,000 GPM) for multi-family residential (less than three (3) stories or twelve (12) units or less per building, including townhouses), 3. Eight inches (8 ") and one thousand gallons per minute (1,000 GPM) for commercial areas less than ten thousand (10,000) square feet and three (3) stories or less and multi-family residential three (3) stories or over twelve (12) units per building including townhouses, and 4. Twelve inches (12") and twenty-five hundred gallons per minute (2,500 GPM)for commercial areas over ten thousand (10,000) square feet. c. Each building other than one (1) and two (2) family dwellings to be constructed, enlarged or having a change in occupancy shall be evaluated for fire flow needs as set forth in this section. d. If water is not available in sufficient quantity to meet the required fire flow, the following alternatives are available to comply with this Article: 1. Reduce the required fire flow fifty percent (50% ) by installing an approved automatic fire sprinkler; or 2. Reduce the required fire flow twenty-five percent (25%) by installing an approved smoke detection and alarm system that transmits an alarm to a central receiving station in accordance with NFP A 72; or 3. Reduce the required fire flow ten percent (10%) by installing an approved local smoke detection and alarm system in accordance with NFP A 72; or 4. Utilize a construction type for the structure that will reduce the required fire flow enough to meet the quantity of water available. e. All private water delivery systems and water storage systems being utilized to meet minimum fire flow requirements must meet the applicable standards adopted by the City. Rev. 5/02 (PoliciesProcedures/LandDevelopmentCode) XVI-6 '-" ...." f. No salt or brackish water will be eligible for consideration as part of the minimum fire flow available for use. 21-250.04 - Fire hydrants a. Approved fire hydrants shall be provided for buildings built after adoption of this 01 dilIalICG Article to meet the required fire flow requirements as determined by the Fire Chief or his/her designee using current A WW A (American Water Works Association) and NFP A (National Fire Protection Handbook) standards. b. The Fire Chief shall designate the location and number of fire hydrants but in no case shall the distance between fire hydrants installed after adoption of this Oldil1ancc Article exceed one thousand feet (1,000'). c. With the exception of one (1) and two (2) family dwellings, fire hydrants shall be located within five hundred feet (500') ofthe most remote area ofthe building when measured along normal routes of Fire-Rescue Department access. 1. Excr;ption. OlIC (1) and two (2) fanlily dwcllihgs. (Moved above) d. Where sprinkler an/or standpipe systems are provided, a fire hydrant shall be located at least fifty feet (50') away from the structure. e. All fire hydrants shall be of breakaway design. The minimum size for the barrel of all new hydrants shall be at least 5 lA inches in diameter. Each hydrant shall have two 2 Y2 inch male thread hose connections and one 4 Y2 inch male thread hose connection. All hose connections shall be of American National Standard thread. The operating nut shall be 1 Y2 inches point to point. For the purpose of standardization and parts inventory, only those makes of hydrants approved by the Utilities Department and Fire/Rescue Department~ shall be installed to comply with this Article. f. The center of the lowest outlet shall be not less than sixteen inches (16") above the surrounding grade. The operating nut shall not exceed 4 Y2 feet above the surrounding grade. g. Hydrants shall not be located closer than three feet (3') or more than thirty feet (30') from a traveled street or roadway. No fence, tree, post, shrub or other object which could block the hydrant from normal view or obstruct the hydrant's use shall be located within four feet (4') of said hydrant. Unless otherwise requested by the Fire Chief or his/her designee, the 4 Y2 inch large volume connection shall be situated so it faces the nearest roadway. No hydrant shall be installed where pedestrian or vehicular traffic would interfere with the use of the hydrant. Rev. 5/02 (PoliciesProcedures/LandDevelopmentCode) XVI-7 ........ ~ i. h. All fire hydrants located on dedicated public right-of-ways or designed to serve multiple ownerships shall be conveyed by approved instrument to the City. Once the City has accepted ownership, the responsibility for maintenance and operation shall be the City's. All hydrants not dedicated to the City shall be maintained in accordance with NFP A 25 at the owner's expense. Rev. 5/02 (PoliciesProcedures/LandDevelopmentCode) XVI-8