2007-O-20ORDINANCE NO.2007-0-20
AN ORDINANCE OF THE CITY OF EDGEWATER,
FLORIDA; AMENDING CHAPTER 21 (LAND
DEVELOPMENT CODE) BY MODIFYING ARTICLE III
(PERMITTED, CONDITIONAL, ACCESSORY, AND
PROHIBITED USES) AND ARTICLE XVIII (INDIAN RIVER
BOULEVARD - S.R. 442 CORRIDOR DESIGN
REGULATIONS) FOR CONSISTENCY; PROVIDING FOR
CONFLICTING PROVISIONS; SEVERABILITY AND
APPLICABILITY; PROVIDING FORAN 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 of land in the City.
WHEREAS, on July 10, 2000, City Council adopted Chapter 21, known as the Land
Development Code.
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 from time to time.
WHEREAS, certain Articles have been corrected for scrivener's errors and clarification for
consistency and Staffrecommends that Article BI (Permitted, Conditional, Accessory, and Prohibited
Uses) and Article XV III (Indian River Boulevard - S.R. 442 Corridor Design Regulations) of Chapter
21 (Land Development Code), should be amended a this time to correct outstanding scrivener's
errors and to modify other outstanding issues in an effort to provide consistency between the Land
Shuck a ioug) passages are deleted.
Underlined passages are added.
2007-0-20
�"'� • Development Code and the Comprehensive Plan.
NOW, THEREFORE, BE IT ENACTED by the People ofthe City of Edgewater, Florida:
PART A. AMEND CHAPTER 21 (LAND DEVELOPMENT CODE) BY
MODIFYING ARTICLE III (PERMITTED, CONDITIONAL,
ACCESSORY, & PROHIBITED USES) AND ARTICLE XVIII
(INDIAN RIVER BOULEVARD - S.R. 442 CORRIDOR
DESIGN REGULATIONS) OF THE CODE OF ORDINANCES,
CITY OF EDGEWATER, FLORIDA.
Chapter 21 (Land Development Code) of the City of Edgewater, Florida is hereby amended
by modifying Article III (Permitted, Conditional, Accessory & Prohibited Uses) and Article
XVIII (Indian River Boulevard - S.R. 442 Corridor Design Regulations) as set forth in
Exhibit "A" which is attached hereto and incorporated.
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are hereby superseded by this ordinance to the extent of such conflict.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 by a court of competentjurisdiction, 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 by a court of competent j misdiction, 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
Shuck Hit engk passages are deleted.
Underlined passages are added.
20W-0-20
appropriate word, and the sections of this ordinance maybe renumbered or relettered to accomplish
such intention, provided, however, that Parts B through F shall not be codified.
PART E. RECORDING.
Upon approval and execution, this document shall be delivered to the Clerk of Court for
recording into the public records of Volusia County, Florida.
PART F. EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
PART G. ADOPTION.
After Motion to approve by Councilwoman Rhodes and Second Councilwoman Lichter, the
vote on the first reading of this ordinance held on October 18, 2007, was as follows:
AYE NAY
Mayor Mike Thomas X
Councilwoman Debra J. Rogers X
Councilman Dennis Vincenzi X
Councilwoman Harriet B. Rhodes X
Councilwoman Judy Lichter X
Sa finaush passages are deleted.
Underlined passages are added.
2007-o-zo 3
o
♦ ilwoman Rhodes
ounc
After Motion to approve by Cand Second by c,,.,..,.ti,..,,m,., r.i,.h.erthe
vote on the second reading/public hearing of this ordinance was as follows:
AYE NAY
Mayor Mike Thomas x
Councilwoman Debra J. Rogers x
Councilman Dennis A. Vincenzi x
Councilwoman Harriet B. Rhodes x
Councilwoman Judy Lichter x
PASSED AND DULY ADOPTED this 5" day of November, 2007.
CITY COUNCIL OF THE
f
r•..: - - CITY OF EDGEWATER, F ORI
By.
S Ike T omas
tayor
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by:Carolyn S. Ansay, Esquire
City Attorney
Doran, Wolfe, Ansay & Kundid
Shuck -anongh passages are deleted.
Underlined passages are added.
2007-0-20 4
.Mnb t
Robin L. Matusick
Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this S" day of
November, 2007 under Agenda Item No. 7__c
Exhibit "A"
ARTICLE III
PERMITTED, CONDITIONAL, ACCESSORY, AND PROHIBITED USES
SECTION 21-30 — GENERAL PROVISIONS..................................................................... III-1
21-30.01 —Purpose ................................................................................................................
III-1
21-30.02 — District Boundaries..............................................................................................
III-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 ...................................
III-3
SECTION 21-32 — ZONING DISTRICT DESCRIPTIONS ...............................................
III-4
21-32.01 — Zoning District Descriptions...............................................................................
II1 4
SECTION 21-33 — USES AND RESTRICTIONS...............................................................
III-6
21-33.01 —Purpose ................................................................................................................
III-6
21-33.02 — Permitted Uses.....................................................................................................
III-6
21-33.03 — Conditional Uses..................................................................................................
III-6
21-33.04 — Accessory Uses....................................................................................................
III-6
21-33.05 — Table III-3............................................................................................................
III-7
SECTION 21-34 — SPECIAL USE REQUIREMENTS....................................................
III-11
21-34.01 — Home Occupations............................................................................................
III-11
21-34.02 — Community Residential Homes(CRH).............................................................
III-12
21-34.03 — Institutional Residential Homes (also referred to as ALF's).............................
III-14
21-34.04— Inoperable, Abandoned, and/or Wrecked Vehicles...........................................Ill-14
21-34.05 — Vehicles — Restoration & Permits — For Residential Properties ........................
III-15
21-34.06 — Watercraft, Watercraft Trailers, Motor Homes, Trailers, Recreational Vehicle
Trailers and Campers........................................................................................
11I-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 & Breakfasts..............................................................................................
III-20
21-34.13 — Nursing Homes.................................................................................................
III-21
21-34.14 — Residential Professional Offices.......................................................................
III-21
Article III
-i-
Rev 9-I1-06 (LandDevetopmentCode)
Exhibit "A"
SECTION 21-35 — PROHIBITED USES............................................................................
III-22
21-35.01
— Outdoor Storage: Residential.............................................................................
III-22
21-35.02
— Vehicle Sales/Storage on Vacant Lots/Public Right -of -Way ............................
III-22
21-35.03
— Commercial Vehicles in Residential Areas .......................................................
III-22
21-35.04
—Neglected Premises............................................................................................
III-22
21-35.05
— Parking on Drainage or Maintenance Easements or Public Right -of -Ways .....
III-23
21-35.06
— Alcoholic Beverages..........................................................................................
III-23
SECTION
21-36 — ACCESSORY USE REQUIREMENTS .............................................
III-23
21-36.01
— Purpose..............................................................................................................
III-23
21-36.02
— General Regulations..........................................................................................111-23
21-36.03
— Outdoor Storage and Display: Commercial/Industrial......................................
I11-24
21-36.04
— Satellite Dishes and Antennas...........................................................................
III-25
21-36.05
—Places of Worship — Schools/Child Care...........................................................III-25
21-36.06
— Boathouses.........................................................................................................
III-26
21-36.07
— Boat Docks and Slips.........................................................................................
III-26
21-36.08
— Boats as Dwelling Units....................................................................................111-27
21-36.09
— Canopies/Temporary Carports and Tents/Gazebos...........................................
III-27
21-36.10
— Swimming Pools................................................................................................
III-28
SECTION
21-37 — SPECIAL ACTIVITY/PERMIT REQUIREMENTS .......................
III-30
21-37.01
— Purpose/Scope...................................................................................................111-30
21-37.02
— Definitions.........................................................................................................
III-30
21-37.03
— Special Activity Permit Requirements..............................................................
III-31
21-37.04
— Special Activity Permit Application Process .....................................................III-31
21-37.05
— Special Activity Permit Criteria........................................................................
III-32
21-37.06
— Temporary Structures........................................................................................
III-32
21-37.07
— Inspections to Ensure Compliance....................................................................
III-33
21-37.08
— Penalties.............................................................................................................
III-33
21-37.09
— Exceptions.........................................................................................................
III-33
SECTION
21-38 — FENCES, WALLS, and HEDGES ......................................................
III-33
21-38.01
—Purpose ..............................................................................................................
III-33
21-38.02
— General Requirements.......................................................................................
III-33
21-38.03
— Site Triangle Requirements...............................................................................
III-35
Article III
-ii-
Rev 9-I1-06 (LandDevelopmentCode)
Exhibit "A"
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 enhance the aesthetic
character of the City; 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 of the City of Edgewater,
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 centerline 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;
Rev 6-07 (ImdDevelopmentCode) III-1
Exhibit "A"
d. Boundaries are depicted to follow railroad right-of-ways and shall be construed to be the
center line of the railroad right-of-way;
e. Boundaries are depicted to follow shorelines and shall be construed to follow such shorelines
even if the shorelines change;
f. Boundaries are depicted to follow the center lines of canals and 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;
i. 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 Development Services
Director/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 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.
Rev 6-07 (LandDevelopnimtCode) III-2
Exhibit "A"
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.
21-30.05 — Comprehensive Plan Consistency
The regulafions 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).
(See Page III-4)
Rev 6-07 (Landl)evelopmentCode) III-3
Exhibit "A"
TABLE 1II-1
LAND USE AND ZONING COMPATIBILITY
Future Land Use Designation
Compatible Zoning Districts
Low Density Transition
RT
1.0 DU/net acre
Low Density Residential
R-1, R-2, R-3, RPUD, RP, RT
1.0 to 4.0 DU/net acre
Medium Density Residential
R-3, R-4, RPUD, MI-1, MH-2
4.1 to 8.0 DU/net acre
High Density Residential
R-5, RPUD
8.1 to 12.0 DU/net acre
Commercial
B-2, B-3, B-4, BPUD
Industrial
I-1, I-2, IPUD
Recreation
CN, RT, AG, R-1, R-2, R-3, R-4, R-5,
RPUD, RP, MH-1, MH-2, B-2, B-3, B-4,
BPUD, I-1, I-2, IPUD, P/SP, R, EC, CC
Public/Semi-Public
CN, AG, P/SP, R
Conservation
CN, P/SP, R
Agriculture
AG, R
Minimum 1 DU/2.5 net acre
Mixed Use
RPU ), BPUD, IPUD, EC, CC
Minimum 15 acres; to 12 DU/net acre
DU = Dwelling Units
SECTION 21-32 — ZONING DISTRICT
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 III-5)
Rev 6-07 (LandDevelopmentCode) 1114
Exhibit "A"
TABLE III-2
7nNiNf31119TRICT DESCRIPTIONS
Zoning District Tide
Category
Purpose and General Description
Conservation
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. 1 acre lot.
SF Residential
R-1
Single family residential - (1.0 to 4.0 units/net acre) min. 12,000 sq. ft. lot.
SF Residential
R-2
Singlc family residential -(1.0 to 4.0 uniWnet acre) min. 10,000 sq. ft. lot
SF Residential
R-3
Sin le famil residential - (1.0 to 4.0 units/net acre) min. 8,625 lot.
MF Residential
R-3, R-4
Medium density residential (4.1 to 8.0 ums/net acre) - single family,
du ,a imments, and townhouses.
MF Residential
R-5
High density residential (8.1 to 12.0 units/net acre) - single family,
du lex, a artments, and townhouses.
Recreation
R
This zoning category includes parks and recreation facilities owned by
the City, as well as recreation facilities located at area schools that are
under lease to the City. This category includes land committed to both
active and passive recreational uses.
Residential Planned Unit
RPUD
Intended for mixed residential, personal service and limited retail
Development
commercial with a single development plan-15 acre min. size parcel -
See Article V, Section 21-58 for details.
Residential Professional
RP
Intended for office professional along SR#442 and a rezoning most be
Office
accompanied by a site plan.
Mobile Home Park
4H4
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). Provide for
Subdivision
manufactured home subdivisions - min. 50 acre parcel.
Neighborhood Business
B-2
Intended for retail goods and services for frequent residential needs -
min. 10,000 . ft.
Public/Semi-Public
P/SP
Consists of public facilities and private not -for -profit uses such as
churches, schools, and cemeteries. All other public lands and facilities,
including but not limited to, government offices, post offices, hospitals,
utility sub -stations, water and wastewater treatment plants, fire stations,
and libraries are also included in this category.
Highway Business
B-3
Intended for high volume highway related commercial uses - no min.
amel size.
Tourist Commercial
B-4
Intended for short term waterfront accommodations for visitors and
accessory uses, may include residential mixed use - min. 2 acres.
Business Planned Unit
BPUD
Intended for mixed commercial and limited multifamily residential with a
Development
single development plan-15 acre min. parcel - Details in
Article V, Section 21-58.
Light Industrial
I-1
Intended for storage, light manufacturing, wholesaling and distribution
uses and adult entertainment - no min. arcel size.
Heavy Industrial
I-2
Intended for heavy manufacturing urea - no min. parcel.
Industrial Planned Unit
IPUD
Intended for mixed industrial and limited commercial with a single
Development
development plan -15-acre min. parcel size - Details in Article V,
Section 21-58.
Agriculture
AG
Intended for general agriculture uses - min. 2.5-acre parcel - temporary
or hold zoningintended for future urban development.
Employment
EC/CC
Intended to allow a mix of uses to satisfy varying degrees of intensity
Center/Comm ini Center
and balance the residential and non-residential needs of the City
Rev 6-07 (LandDevelopmentCode) III-5
Exhibit "A"
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 Land
Development Code amendment process described in Article IX.
21-33.02 — Permitted Uses
The use depicted as "P" in the matrix (Table III-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 permitted uses cannot be all inclusive. The uses described in Table III-3 shall be
interpreted by the Development Services Director/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 an 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 a "C" in the matrix (Table III-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 Unit 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 as an "A" in the matrix (Table III-3) means a use that is incidental, related,
appropriate and clearly subordinate to the existing principle permitted use.
Rev 6-07 (LandDevelopmeraCode) 111-6
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TABLE III-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,
Article VI — Signs and Article XVBI - Indian River Boulevard — S.R. 442 Corridor Design
Regulations.
I. 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.
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 21-35.01 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 — See Article V, Section 21-58 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 certain properties abutting State Road #442. See Section 21-34.14 for
details.
Rev 6-07 (LandDevelopmentCode) III-10
Exhibit "A"
14. No artificial lights or recreational activity within 25 feet of the perimeter of the
property line shall be permitted adjacent to residential property.
15. Places of Worship — Schools/Child Care, see Section 21-36.05 for details.
16. Attached and detached aircraft hangars permitted in residential districts adjacent to
airport taxiways.
17. Outside application of flammable finishes and/or environmentally sensitive finishes
(spray painting) is strictly prohibited.
18. State license required.
19. Mining/Excavation is defined as the exploration for or extraction of surface or
subterranean compounds; which shall include oil and gas exploration and production,
and the mining of metallic and non-metallic minerals, sand, gravel, fill dirt, and rock.
20. Adult Entertainment is permitted in the I-1 (Light Industrial) zoning district with the
exception of properties with frontage on Park Avenue.
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. The Home Occupational License is designed to allow for office
type uses within a residence. No home occupational license shall be issued unless the City
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.
Rev 6-07(LwdDevelopmeatCode) ILI-11
Exhibit "A"
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.
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 21-35.03, no commercial vehicles or equipment shall be
permitted in the driveway, or adjacent public right-of-way, including commercial vehicles
used for mobile vending and no delivery of commercial products for the use of occupational
license shall be allowed. Normal/routine UPS, FedEx, or over -night mail shall not be
considered commercial deliveries.
h. The use of typewriters, 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.
Hobbyist uses shall be limited to $500 in total inventory.
i. All home occupations shall be required to obtain a home occupational license pursuant to the
requirements of Chapter 11 of the City Code of Ordinances prior to initiating operation.
j. Garages, carports or similar 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. Any Home Occupational License that generates more than 10 vehicle trips per day shall
require a City fire inspection. Excessive traffic shall not be permitted other than routine
residential traffic.
L An applicant may appeal the denial of an application to the City Council pursuant to the
requirements of the Land Development Code.
m. No license shall be issued for any property until such time that any Code Compliance issues
are resolved.
n. If the applicant does not own the property, said applicant shall provide a signed and notarized
affidavit from the property owner pennitting a Home Occupation on their property, provided
the use is permitted by the City.
21-34.02— Community Residential Homes (CRH)
The purpose of this Section is to establish criteria for the placement of Community Residential
Homes as defined in F.S. 419.001(a), and limit their location to areas zoned for multi -family
development.
Rev 6-07 (LandDevelopmentCode) III-12
4 Exhibit "A"
a. All Community Residential Homes shall be required to obtain a City occupational license.
Pursuant to the requirements of Chapter 205.1965, F.S., the City shall not issue said license
unless the applicant has a state license and substantially meets the criteria listed herein.
b. All facilities she 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 those in support of the facility.
d. No counseling, or other client services for non-residents shall be permitted in a CRH.
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.
i. The proposed CRH shall comply with all appropriate Florida Fire Prevention Codes 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 1,200 feet (1,200') to
another CRH, or closer than 500 feet (500') of a parcel zoned AG, RT, R-1, R-2, or R-3.
[See Chapter 419.001 F.S.]
Rev 6-07 (LandDevelopmentCode) IQ-13
Exhibit "A"
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.
p. Each facility shall be required to obtain an appropriate license prior to receiving an
occupational license from the City and Volusia County. The City will inspect facilities for
compliance with Florida Fire Prevention Codes.
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 this purpose of this Code, assisted living facilities
(ALF) shall be considered as an Institutional Residential Home.
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 Volusia County. The City will inspect facilities for
compliance with Florida Fire Prevention 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
Compliance 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 the 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".
Rev 6-07 (LandDevelopmentCode) III-14
Exhibit "A"
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
Compliance officials cannot establish ownership or the responsible party declines to
resolve valid issues contained within this Section, shall be determined to be abandoned.
6. The vehicle is without a current valid assigned registration that is appropriately
displayed, or a current vehicle restoration permit.
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 Compliance 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 plan(s) including a schedule;
3. Vehicle identification number.
4. Fees paid as determined by Resolution.
c. A vehicle restoration permit authorizes 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 properties.
2. A vehicle being restored shall be stored in an area hidden from view by stockade fencing,
chain link fencing with slatting, masonry wall, 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.
e. Vehicles being restored shall be owned by the occupant of the property.
f. A donor vehicle stored on property to supply parts for the permitted restoration vehicle shall
comply with all of the above.
Rev 6-07 (LandDevelopmeraCode) 1II-15
Exhibit "A"
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.
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 conditions:
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.
2. Watercraft must be stored on operable trailers.
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.
Rev 6-07 (LandDevelopmentCode) m-16
Exhibit "A"
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.
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 purposes,
except during an emergency or natural disaster. The vehicles may be used for residential
purposes only after application for building permit(s) for repair after a natural disaster and
until the restoration of water, sewer and electric services. If the building is uninhabitable, as
determined by the Building Official, an additional six (6) months from utility restoration may
be permitted at the discretion of the City Manager.
In. 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 materials shall not be permitted to
discharge. A visitor residing in a motor home shall be permitted no more than twice in a six-
month period. These permits shall be issued by the City Clerk's office and prominently
displayed so as to be visible from the street.
i. 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 yard requirements described in Article V, Section 21-54.
c. All sites shall be enclosed by an eight foot (8') high stockade fence or masonry wall.
Existing sites with chain link fence may be enclosed with slatting. New sites shall require
stockade fencing or masonry wall.
d. Nothing stored shall be visible above the height of the fence or wall.
e. A City of Edgewater Occupational license shall be required.
Rev 6-07 (LandDevelopmentCode) III-17
Exhibit "A"
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
view with a six foot (6') high stockade fence, or masonry wall and gate. Existing sites with
chain link fence may be enclosed with slatting. New sites shall require stockade fencing or
masonry wall. Dumpsters and dumpster pads shall not be required for properties zoned RP
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. Non-residential properties located within 150-feet of a residential property line or noise
sensitive zone (as defined in the Noise Ordinance) shall not have dumpsters and/or containers
delivered, emptied or removed between the hours of seven p.m. (7:00 p.m.) and seven a.m.
(7:00 a.m.) on weekdays and seven p.m. (7:00 p.m.) and eight a.m. (8:00 a.m.) on weekends
or holidays. Dumpsters and/or containers cannot be delivered, emptied or removed during the
hours of ten p.m. (10:00 p.m.) and six a.m. (6:00 a.m.) in non-residential properties which are
not within 150-feet of a residential property line or noise sensitive zone.
e. All construction projects shall have a dumpster located on -site for placement of construction
debris for all new construction and additions exceeding 600-square feet.
f Containment areas and construction project areas shall be maintained in a clean and orderly
manner at all times so as to not produce a nuisance.
g. Newly developed/redeveloped non-residential projects and multi -family projects over four
(4) units shall provide an adequate quantity of on -site dumpsters.
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 raising, breeding, boarding, and grooming of
domesticated animals. Farm animals such as pigs and chickens or exotic animals such as
snakes are expressly prohibited.
Rev 6-07 (LandDevelopmentCode) 111-18
Exhibit "A"
b. All runs shall be equipped with drains provided every 10 feet (10') and connected to a
sanitary facility approved 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 10 P.M. and 7
A.M.
f. Kennels are required to receive a commercial kennel license from the Volusia County
Animal Control Department and a 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 for additional
regulations.
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 any lot shall be the responsibility of the owner or contracting tree removal
company.
Rev 6-07 (La dDevelopmmtCode) I11-19
Exhibit "A"
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 stockade fence or masonry wall with a ten foot (10') wide landscape buffer
planted adjacent to the street side on all boundaries facing residential districts. Existing sites
with chain link fence may be enclosed with slatting. New sites shall require stockade fencing
or masonry wall.
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 electrical outlets, potable water, or
sewer services within the confines of the warehouse units. Hose bibs for cleaning purposes
may be installed outside of the warehouse structures.
d. Bathroom facilities shall 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 unless permitted as part of a Master Plan.
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 and BPUD District when
located at least 100 feet (100') from the front property line and where in that 100 feet (100')
the property is developed.
h. A City 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 space/bedroom, plus residential parking requirements.
b. Landscaping shall be provided as required for hotel/motel uses.
c. One (1) sign not to exceed six (6) square feet.
d. A City Occupational License is required.
Rev 6-07 (LandDevelopmentCode) III-20
Exhibit "A"
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.
c. A City Occupational License is required.
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 S.R. 442, east of Pinedale Road and
west of U.S. Highway 1. Residential Professional Office site plans shall be provided with a
Zoning Map Amendment application and shall include:
a. The property must have a minimum frontage of 100-feet along S.R. 442.
b. One ground sign not to exceed few (4) sixteen 16 square feet of display area and an overall
height of few foot (4') eight feet (8').
1.
Ground Siffi Planter Specifications. Vertical structure supports for ground
signs shall be concealed in an enclosed base. The width of such enclosed base
shall be equal to at least two-thirds (2/3) the horizontal width of the sien
surfaceA planter structure shall enclose the foot of the base The planter
shall be between two feet (2') and three feet (3') in height above the ground,
with a minimum length equal to the width of the sign and a minimum width of
three feet (3')The materials will be consistent with the sign and principal
structure The planter shall be irrigated and planted with low shrubs,
ornamentals or flowers Such plantings shall be maintained indefinitely.
2.
3.
4.
Ground Stan Setback. The leading edge of the sign shall be setback a
minimum of ten feet (10') from the right-of-way.
Movement. No ground sign nor its parts shall move, rotate or use flashing
li ts.
Prohibited Signs. Signs that are prohibited in the Indian River Boulevard
Corridor include animated signs, billboards, offsite signs, flashing signs,
snipe signs portable signs (trailer signs) roof signs beacon lights bench
signs, trash receptacle signs, gutter signs, signs on public property, immoral
c. Commercial
display, obstruction, streamers, spinners and pennants.
building code requirements shall be met.
Rev 6-07 (I a dl)evelopmentCode) III-21
, Exhibit "A"
d. A City Occupational License is required
e. All development and/or redevelopment shall conform to the site design criteria as defined in
Article V and Article XVDI of the Land Development Code
f. Professional office uses are restrictive and shall be designed to primarily serve the populace
of the general vicinity.
SECTION 21-35 — PROHIBITED USES
21-35.01— Outdoor Storage: Residential
Open outdoor storage in residential districts or property where the 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 — Commercial Vehicles in Residential Areas
The purpose of this Section is to control the proliferation of commercial vehicle parking in
residential areas.
a. It shall be unlawful for a commercial vehicle, and/or associated trailer, tractor trailers, or
concession vehicles with a greater than I -ton capacity to be parked on any property whose
primary use is residential, except when being loaded or unloaded.
b. One commercial vehicle with less than a 1-ton rated capacity shall be permitted to park on
any property whose primary use is residential.
21-35.04 — 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
timbers. All siding material shall be kept in repair. Roofs shall be structurally sound and
maintained in a safe manner and have no defects.
Rev 6-07 (LandDevelopmmtCode) III-22
Exhibit "A"
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.
21-35.05 — Parking on Drainage or Maintenance Easements or Public Right -of -Ways
It shall be unlawful to park or store any vehicle, boat, trailer or equipment of any kind on City,
County, or State maintained drainage easements or public rights -of -way.
21-35.06 — Alcoholic Beverages
No alcoholic beverage establishments, i.e., establishments engaged in the sale of alcoholic
beverages for on -premises consumption, shall be located within 500-feet of an established
church or school with the following exception:
a. Any location licensed as a restaurant, which derives at least 51-percent of their gross
revenues from the sale of food and nonalcoholic beverages, pursuant to Florida Statutes.
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 or 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 principle permitted use must be built or permitted prior to a permit for an accessory use
is permitted.
b. All accessory uses, buildings and structures shall be located on the same lot as the principle
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.
Rev 6-07 (LandDevelopmwtCode) 111-23
Exhibit "A"
h. Accessory buildings shall conform to the setback requirements described in Table V-1.
i. No accessory building may be located within any required parking area, landscape area or
stormwater 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 stockade fence
or masonry wall. However, the wall or fencing shall not interfere with the flow of traffic
entering or leaving the site. Existing sites with a chain link fence may be enclosed with
slatting. New sites shall require stockade fencing or masonry wall.
d. Loose materials such as sand, Styrofoam, cardboard boxes, mulch, compost areas, and
similar materials, which me subject to being scattered or blown about the premises by normal
weather conditions, shall be contained by an adequate enclosure. No outdoor 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 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 comer 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
business each day. No outdoor display areas shall be permitted within required parking
Rev 6-07 (LwdDevelopmentCode) I1I-24
Exhibit "A"
spaces or areas, public sidewalks or pedestrian or vehicular access areas, parking aisles,
driveway entrances or exits.
h. All unattended machines dispensing a product, with the exception of ice and water machines,
LP gas, newspaper machines (general circulation), 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 transmissions 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 be set back five feet (5') from side and rear lot lines or easements.
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 X1I, 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')
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.
Rev 6-07 (LmdDevelopmentCode) III-25
Exhibit "A"
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 boathouses in all the R-1, R-2, R-3, R4 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 boathouse 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 boathouse: 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, then 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-1, 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.
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 accordance with Volusia County's Manatee Protection Plan in any residential
district as an accessory use to the residential use.
b. If no bulkhead line is established, then the mean highwater mark shall be used as the line of
measurement.
c. Each lot of record with frontage along the Indian River shall be entitled to one (1) boat slip
per Volusia County's Manatee Protection Plan.
Rev 6-07 (1msiDeve1opmentCode) III-26
Exhibit "A"
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.
21-36.09 — 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 guarantee
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.
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
tents/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
linelstreet 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 other motorized vehicles.
Rev 6-07 (LmdDevelopmentCode) HI-27
Exhibit "A"
21-36.10 — Swimming Pools
Definitions
As used in this Article, the following terms shall have the respective meanings ascribed to them:
Residential swimming pool: Any swimming pool used or intended to be used solely by
the owner, operator or lessee thereof and his family, and by guests invited to use it
without charge or payment of any fee.
Swimming Pool: A body of water in an artificial or semi-public or private swimming
setting or other water -related recreational activity intended for the use and enjoyment by
adults and/or children, whether or not any charge or fee is imposed upon such adults or
children, operated and maintained by any person, and shall include all structures,
appurtenances, equipment, appliances and other facilities appurtenant to and intended for
the operation and maintenance of a swimming pool. This definition shall include
whirlpools, spas, and hot tubs unless separately identified and shall exclude 110-volt
plug-in Jacuzzi/hot tubs.
Wading pool: Any pool with a surface area of less than two hundred fifty (250) square
feet and less than twenty-four (24) inches in depth at any point. Wading pools shall not
be required to comply with this Article.
b. Permit —Application; plans and specifications
1. Application: Before the erection, construction or alteration of any swimming pool has
begun, an application for a permit shall be submitted to the Building Official for
approval.
2. Plans and specifications: The application shall be accompanied by two (2) sets of full
and complete plans and specifications of the pool, including a survey of the lot showing
distance between buildings or structures and the distance from all property lines. Plans
must show method of compliance with the Pool Safety Act, F.S. 515.
C. Structural Requirements
1. General: All swimming pools whether constructed of reinforced concrete, pneumatic
concrete, steel, plastic or others, shall be designed and constructed in accordance with the
requirements of the Florida Building Code, 424 and accepted engineering principles.
d. Location
1. Front yard and side comer yard swimming pools are prohibited.
Rev 6-07 (LandDevelopnimtCode) III-28
Exhibit "A"
2. No swimming pool shall be constructed closer than five (5) feet from any building
without engineering, nor within any easement or ten (10) feet from any property line,
unless a Development Agreement or P.U.D. Agreement is established for the property.
e. Enclosures
1. All swimming pools, unless entirely screened in, shall be completely enclosed with a
fence or wall at least four feet (4') high, and so constructed as to not be readily climbable
by small children. All gates or doors providing access to the pool area shall be equipped
with a self -closing and self -latching device installed on the pool side for keeping the
gates or doors securely closed at all times when the pool area is not in actual use, except
that the door of any dwelling which forms a part of the enclosure need not be so
equipped, per Child Safety Act, F.S. 515.
2. All whirlpools, spas or hot tubs unless entirely screened in or equipped with a lock down
cover shall be completely enclosed with a fence or wall at least four feet (4') high and so
constructed as to not be readily climbable by small children, and comply with the Child
Safety Act, F.S. 515.
f. Filtration and recirculation system
All swimming pools shall be equipped with a filtering and recirculation system and such systems
shall be compliant with all applicable requirements as set forth by the American National
Standards Institute.
g. Electrical wiring
All electrical wiring must comply with the National Electrical Code (NEC).
h. Plumbing
When plumbing is connected to City service for water supply, all plumbing shall be in strict
accordance with the local plumbing code. When water is supplied from sources other than City
connected service to family pools, then plastic pipe stamped and approved one hundred (100) by
an ASTM laboratory may be accepted, if inspected and approved by a licensed plumbing
inspector.
i. Discharge water
Water being discharged from the pool or from the back flushing of the filtering system may be
discharged to a storm sewer, dry well, seepage pit, or through an irrigation system or other
approved method by the City. Discharge water may not be discharged into a sanitary or
combined sewer.
Rev 6-07 (LandDevelopmernCode) I1I-29
Exhibit "A"
j. Rim height
The overflow rim of all swimming pools shall be a minimum grade above surrounding ground
level and in all cases sufficiently high enough to prevent groundwater from flowing into the pool.
k. Walkway
A walkway of concrete or other approved materials shall surround all swimming pools from the
overflow rim outward a distance of three feet (3') for at least two-thirds (2/3) of the pool
perimeter and shall be so designed that water cannot drain from the walkway into the pool.
n. Overflow Skimmer
A beam overflow skimmer shall be required and be designed so that debris caught in it will not
be washed back into the pool by water movements.
SECTION 21-37 — SPECIAL ACTIVITY/PERMIT REQUIREMENTS
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 of all special activities held within the
City of Edgewater.
21-37.02 — Definitions
Charitable event/activity — 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 qualify as a charitable event/activity; all profits (net difference of gross revenues
less expenses) 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 gamering support for a political
campaign on behalf of (or in opposition to) any candidate for public office.
City sponsored activity — sponsored or co -sponsored by the City Council or any City Department
for the benefit of the residents of the community.
Civic group/non-profit 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, donations of time or finances. A tax-exempt certificate is not necessary if the group meets
the above stated criteria.
Rev 6-07 (LadDevelopmentCode) III-30
Exhibit "A"
Community 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 jockey 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 of the area of
the 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 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 activitypermit — a permit issued by the City Council to authorize a special activity.
Sponsor/promoter —any person, group or entity ultimately responsible in full or part for
producing, operating, sponsoring or maintaining a special activity.
21-37.03 — Special Activity Permit Requirements
1. The uses authorized by a Special Activity Permit are temporary and all permitted
improvements shall be removed within five (5) days of the completion of the special activity.
2. The number of special activities at any given location or address shall not exceed:
a. One I0-day period and two I -day charitable events/activity between the period of January
1" through June 30i°; and
b. One 10-day period and two 1-day charitable events/activity between the period of July 1"
through December 31 ".
3. Outdoor entertainment/amplified sound in conjunction with a special activity shall be
permitted only between the times of 1:00 p.m. to 9:00 p.m.
21-37.04 — Special Activity Permit Application Process
a. A special activity permit will be required for each special activity held within the City of
Edgewater.
Rev 6-07 (Le MevelopmentCode) 111-31
Exhibit "A"
b. A special activity permit application must be completed and submitted to the Development
Services Department for review by City staff at least 60-days in advance of the activity. The
application must include specific dates and times of the planned activity (including set up 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 and/or socio-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 21-
37.03 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
permit and the date and time of the City Council meeting in which the application will be
reviewed. The applicant shall provide names and addresses of each affected property owner,
obtained from the Volusia County Property Appraiser's office.
21-37.05 — Special Activity Permit Criteria
a. The proposed activity will not result in unsafe ingresslegress for either pedestrians or
vehicles.
b. The proposed activity shall comply with the appropriate Florida Fire Prevention Codes
conditions.
c. The proposed activity shall comply with the City's Land Development Code and noise
ordinance conditions.
d. The proposed activity will direct on -site lighting away from adjacent parcels and roadways.
e. The proposed activity shall have adequate sanitary facilities.
f. The applicant shall post a bond or provide insurance in the amount of $200,000 to hold the
City harmless of any and all liabilities.
g. 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
integrity of all temporary structures erected for special 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 Marshall shall verify such compliance is obtained.
Rev 6-07 (LandDevelopmmtCode) 1II-32
Exhibit "A"
21-37.07 — Inspections to Ensure Compliance
The City shall provide scheduled and unscheduled inspections prior to and/or during the special
activity by police, fire, code compliance, building and/or City administration representatives 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 the cost of the application fee as well as all associated City fees. No further special
activities shall be authorized until all penalties are current. A repeat offender shall not be
eligible for a special activity permit for a one-year period. A repeat offender is defined as a
sponsor/promoter who violates any of the conditions of the special activity permit more than one
time in a six-month period.
21-37.09 — Exceptions
Any special activity sponsored/promoted by a civic group or non-profit organization or co-
sponsored by the City of Edgewater may be exempt from any and all fee requirements. This
decision shall be rendered by the City Council and any waiver granted regarding these
requirements is only binding and applicable upon that one activity or portion thereof and shall
not mean that the sponsor/promoter has any rights to future waivers.
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 H.
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.
Rev 6-07 (LandDewlopmentCode) III-33
Exhibit "A"
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 corner lots shall be setback
ten feet (10') from the property line. In commercial and industrial areas no fence shall
exceed ten feet (10') feet 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 and painted to compliment the surrounding
character of the area.
f. All fences shall be erected with the finished side facing outward or away from the enclosed
screened area. The "good-side"(side without posts) of fence shall be facing public view.
g. Approval to exceed maximum height limitations may be granted by the Development
Services Director/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 overhang 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 of less than six -feet (6') with the exception of agriculturally zoned
property.
i. 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:
Rev 6-07 (landDevelopmentCode) I1I-34
Exhibit "A"
21-38.03 — Site Triangle Requirements
a. 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 V,') 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 the following page)
Rev 6-07 (LandDevelopmentCode) III-35
Exhibit "A"
Rev 6-07 (IandDevelopmentCode) III-36
Exhibit "A"
ARTICLE XVIII
INDIAN RIVER BOULEVARD - S.R. 442 CORRIDOR DESIGN REGULATIONS
SECTION 21-410 - PURPOSE AND INTENT...................................................XVIII-1
SECTION 21420 - APPLICABILITY
21-420.01 - Indian River Boulevard Corridor Districts................................XVIII-1
21-420.02 - Primary And Other Streets........................................................XVIII-2
21-420.03 - Comer Lots/Parcels...................................................................XVIII-2
21420.04 - Conflict With Other Provisions Of Code..................................XVIII-2
21-420.05 - Registered Landscape Architect Required................................XVIII-2
SECTION 21430 - BUILDING LOCATION AND LANDSCAPE BUFFER.XVIII-2
21-430.01 - West Parkway District.............................................................
XVIII-3
21-430.02 - Shores District...........................................................................XVIII-3
21-430.03 - East Village District..................................................................XVIII-3
21430.04 - Landscape Buffer Requirements For Primary Streets...............XVIII-3
21-430.05 - Landscape Buffer Requirements Along Other Side Streets ......
XVIII-3
21-430.06 - Minimum Lot Width And Depth...............................................XVIII-4
21-430.07 - Minimum Landscape Requirements In Buffer Yard.................XVIII-4
21430.08 - Protection From Vehicle Encroachment...................................XVIII-5
21-430.09 - Stormwater In Buffer.................................................................XVIII-5
21-430.10 - Parking Location.......................................................................XVIII-5
21-430.11 - Pedestrian And Bicycle Circulation..........................................XVIII-5
21-430.12 - Sidewalks...................................................................................XVIII-5
21-430.13 - Pedestrian Access Standards.....................................................XVIII-5
21-430.14 - Drive -Through Requirements....................................................XVIII-6
SECTION 21-"0 - ARCHITECTURAL DESIGN STANDARDS ...................XVIII-7
21-440.01 -Building Orientation..................................................................XVIII-7
21-440.02 - Primary Building Entrance........................................................XVIII-7
21-440.03 - Building Height And Transition................................................XVIII-8
21-440.04 - Fagade Treatments.....................................................................XVIII-8
21-440.05 - Prohibited Fagade Treatments...................................................XVIII-9
21-440.06 - Loading And Service Areas ......................................................XVIII-9
21-440.07 - Outdoor Shopping Cart Storage................................................XVIII-9
21-440.08 - Fenestration...............................................................................XVHI-9
21-440.09 - Roof Treatments And Materials..............................................XVIII-10
21440.10 - Building Color.........................................................................XVIII-11
21-440.11 -Multi-Building Complexes......................................................
XVIII- 11
Rev. 9-11-06 (Land Development Code)
Article XVIII
-1-
Exhibit "A"
SECTION 21-450 - SIGNS..................................................................................XVIII-12
21-450.01 - Freestanding Signs..................................................................XVBI-12
21-450.02 - Ground Signs Required...........................................................XVHI-12
21-450.03 - Business Identification Signs..................................................XVIII-13
21-450.04 - Multi -Tenant Buildings...........................................................X-VBI-14
21-450.05 - Specialty Signs........................................................................X-VIII-14
21-450.06 - Signage Performance Standards..............................................X-VIII-14
21-450.07 - Exempted Signs.......................................................................XVIII-14
21-450.08 - Prohibited Signs......................................................................XVIII-15
21-450.09 - Sign Illumination.....................................................................XVIII-15
21-450.10 - Prohibited Li¢htine..................................................................X-VIII-15
SECTION 21-460 — NONCONFORMING STRUCTURES............................XVIII-16
21460.01 — Existing Nonconforming Structures.......................................XVIII-16
21-460.02 — Guidelines For Nonconforming Structures.............................XVIII-16
SECTION 21470 -RESERVED
SECTION 21480 -RESERVED
SECTION 21490 -RESERVED
Rev9-11-06(LmmdDevelopmentCode) XIMI-ii
Exhibit "A"
ARTICLE XVIIi
INDIAN RIVER BOULEVARD — S.R. 442 CORRIDOR DESIGN REGULATIONS
SECTION 21410 - PURPOSE AND INTENT
These design regulations are intended to ensure high quality private development in the
Indian River Boulevard Corridor. The two major components of these regulations me: 1)
landscape, buffer and related site development treatments, especially areas immediately
adjacent to the road and 2) building design standards for new and redeveloped structures,
including signage.
Applicants for development within the Indian River Boulevard Corridor Overlay are
required to obtain a copy of the complete design guideline package from City Hall.
SECTION 21- 420 - APPLICABILITY
Parcels that share a common boundary with Indian River Boulevard will be subject to the
requirements, standards and criteria contained in these regulations. Furthermore, these
requirements apply to all residential, commercial, office, institutional and industrial
development, including both public and private facilities within the Indian River
Boulevard Corridor. The provisions of this document are applicable to all properties that
touch, front or are otherwise adjacent to Indian River Boulevard. Properties that include a
complex or subdivision of buildings shall be considered to be included within the
guidelines in their entirety, including parent tracts, out -parcels, flag lots, etc. They apply
to both new development and redevelopment activities.
21-420.01 - Indian River Boulevard Corridor Districts
Indian River Boulevard has three distinct districts. These districts are defined below and
are referred to throughout these regulations. In addition, intersecting roads are also
defined below. Refer to the complete design guideline package available from the
Development Services Department for a map showing the three separate districts.
District
Intersecdng Street
Intersecting Street
The West parkway
District
Interstate 95
Pinedale Road
The Shores District
Pinedale Road
India Palm Drive
The East Village District
India Palm Drive
Riverside Drive
Rev. 9-11-06 (Land Development Code) XVIII-1
Exhibit "A"
21-420.02 - Primary And Other Streets
The following major streets that intersect Indian River Boulevard shall be considered as
Primary and Other Streets:
Number of feet from
intersection that these
Street Type
Intersecting Street
regulations shall be
applicable along these
roads.
Prima
Old Mission Road
500
PrimTl
Air Park Road
500
Primary
U.S. Highway 1
500
Primary
Riverside Drive
500
Other
All other streets
100
21-420.03 - Corner Lots/Parcels
Corner lots/parcels shall be considered to have two (2) front perimeters. For other streets
that intersect now or in the future, the parcels that are comer lots or comer developments
adjacent to Indian River Boulevard shall comply with these requirements.
21-420.04 - Conflict With Other Provisions Of Code
The requirements for the Indian River Boulevard Corridor Overlay Area supersede the
general requirements within this land Development Code, however properties zoned RP
(Residential Professional) shall adhere to sign requirements as set forth in Article III.
apply to RP (Residential Professional) zoned properties
Existing developed or vacant properties adjacent to Indian River Boulevard from U.S.
Highway 1 to Willow Oak Drive shall be developed in accordance with the standards set
forth in Article V (Site Design Criteria) until such time as a change in use is proposed. A
change in use shall mean a change in character involving activities that result in a
different external impact.
21420.05 - Registered Landscape Architect Required
A Landscape Architect registered in the State of Florida shall be required to prepare
landscape plans and related irrigation plans for all lands for which this Article applies.
SECTION 21430 - BUILDING LOCATION AND LANDSCAPE BUFFERS
The setback is the distance between the edge of the road's right-of-way, also referred to
as the property line, and the closest edge or wall of the principal building on the site. The
building location and landscape buffer requirements are identified below.
Rev 9-11-06(LandDevelopmentCode) Ry111.2
Exhibit "A"
21430.01 - West Parkway District
a. Setback and Buffer. A minimum fifty -foot (50') landscape buffer shall be
provided in the West Parkway District. Buildings will not be allowed within one
hundred feet (100') of the property line adjacent to Indian River Boulevard or
primary streets.
b. Management and Maintenance of Natural Vegetation. Site plan submittals will
be required to graphically identify the manner in which natural areas will be
preserved and maintained. Site plan submittals shall identify where natural areas
will be trimmed and to what limited extent they will be altered for visibility from
the road.
If a certain view or angle from the road is desired, the site plan shall identify a
"viewshed", i.e., the area within which trimming of small trees and understory
vegetation is desired. The extent of trimming should be clearly noted in terms of
extent and height, as well as the thinning of trees and vegetation. Trees larger than
four inches (4") in diameter shall not be removed. Trimming of vegetation shall not
be allowed lower than thirty-six inches (36") from the ground. Areas to remain
undisturbed shall also be identified. This information becomes part of site plan
approval, and will be utilized for maintenance as well as enforcement by the City.
21430.02 - Shores District
A minimum ten -foot (10') landscape buffer shall be provided in the Shores District.
Buildings shall not be allowed within forty feet (40') of the property line adjacent to
Indian River Boulevard or primary streets.
21-430.03 - East Village District
A minimum twenty -foot (20') landscape buffer shall be provided from the front property
line in the East Village District. Buildings will not be allowed within forty feet (401) of
the property line adjacent to Indian River Boulevard or primary streets.
21430.04 - Landscape Buffer Requirements For Primary Streets
The landscape buffer requirements along primary streets in the Indian River Boulevard
Corridor shall be twenty feet (20') in width. Unless otherwise noted, additional
requirements shall comply with the adjacent District within the Indian River Boulevard
Corridor to the maximum extent practicable. Building will not be allowed within forty
feet (40') of the property line adjacent to Indian River Boulevard or primary streets.
21-430.05 - Landscape Buffer Requirements Along Other Side Streets
The landscape buffer requirements along other existing or future streets that intersect
Indian River Boulevard shall be a minimum of twenty feet (20') in width and shall
comply with the adjacent District of Indian River Boulevard to the maximum extent
practicable.
Rev 9-11-06(1. odr)evelopmentCode) XVIII-3
Exhibit "A"
21-430.06 - Minimum Lot Width And Depth
The minimum lot width and depth for all new development along the corridor shall be
200 feet (200') by 200 feet (200'). This requirement ensures that minimum building
setback and buffer requirements can be accomplished within the context of typical site
development, building coverage, parking, stormwater and other customary site amenities.
Any deviation from this standard for out -parcels, flag lots and other circumstances should
ensure that the configuration of the resulting development site allows for compliance with
the intent and purpose of these guidelines.
21430.07 - Minimum Landscape Requirements In Buffer Yard
The following requirements are intended for private property outside of the public right-
of-way adjacent to the corridor and primary streets.
a. West Parkway District. These requirements shall provide the basis for infill
vegetation as needed where natural vegetation is sparse. The minimum landscaping
in the buffer yard shall be eight (8) shade trees, ten (10) understory trees and
seventy (70) shrubs per one hundred (100) lineal feet. To maintain a natural look,
trees and shrubs shall be placed in an organic or curvilinear manner that is similar to
and consistent with natural adjoining areas, which have been preserved. Linea
arrangements are discouraged in the West Parkway District.
b. Shores District. Canopy trees shall be coordinated with the placement of the poles
within the FPL easement along Indian River Boulevard. Where feasible, the
minimum landscape buffer shall be one (1) shade tree (e.g. Oak) per fifty lineal feet
(50') on private property alternating with the City's oak trees in the public right-of-
way. Understory trees are optional and recommended at two (2) per twenty lineal
feet (20'). Shrubs are optional unless a fence is put up. If a fence is visible from the
public right-of-way, shrubs are required along the entire length of the fence spaced
just far enough apart for the species to grow.
c. East Village. The minimum landscape buffer shall include a total of three (3) trees
per every fifty lineal feet (50'). One (1) Magnolia placed every fifty (50) lineal feet.
Two (2) Crepe Myrtles placed in between the Magnolia's fifty (50) lineal feet.
Shrubs shall be placed at a minimum of forty (40) per one hundred (100) lineal feet.
d. Varied Color. Landscaping shall be arranged to display variety and color by
utilizing flowering and variegated species whenever possible. Such variety and
color shall be accomplished by using a combination of shrubs and ornamentals as
approved by the City. Ornamentals shall not constitute more than fifty percent
(50%) of required shrubs.
e. Wetlands and Natural Vegetation Preservation. Within the buffer, major
wetlands shall be preserved as set forth in the City's Comprehensive Plan and Land
Development Code. Natural uplands vegetation shall be preserved to the maximum
extent feasible.
f. Side and Rear Yards. The side and rear yards of all properties shall be provided
with landscape treatment consistent with this Land Development Code.
Rev 9-11-06(LandDevelopmentCode) XVI114
Exhibit "A"
21-430.05 - Protection From Vehicle Encroachment
Landscape buffers shall be protected from vehicles in the parking area with curbs for
those parking spaces adjacent to the buffer. Plantings adjacent to parking areas shall be
located a minimum of three and one-half (39:) feet from the front end of the parking
space to prevent encroachment into required landscape areas. Wheel stops shall not be
utilized in any portion of the parking area. No paved areas will be allowed in the buffer
other than required traffic circulation access. In already developed areas such as the East
Village District, no additional pavement will be allowed in the buffer area.
21-430.09 - Stormwater In Buffer
In order to create shallow retention areas, removal of a maximum of fifty percent (50%)
of understory trees and shrubs may be permitted to provide for shallow swales without
removal or damage to existing shade trees.
Landscape buffers on primary and other streets may be combined with approved on -site,
wet or dry -bottom stormwater retention areas provided that these areas are designed as
visual amenities without chain link fences (or similar utilitarian appurtenances) and with
shade trees.
21-430.10 - Parking Location
These standards shall prevent automobiles from being highly visible from the roadway.
This applies to parking areas, automobile service areas and other vehicular circulation
areas. For screening, a forty -inch (40") high decorative wall, berm or hedge shall be
provided at the same or above the finished grade of parking and other vehicular use areas.
Dense existing natural vegetation that provides a similar forty -inch (40") high screen
from Indian River Boulevard may substitute for a berm, hedge or wall. These
requirements for a hedge may be combined with the required landscape buffer
requirement for shrubs.
21430.11 - Pedestrian And Bicycle Circulation
The purpose of this subsection is to provide safe opportunities for alternative modes of
transportation by connecting buildings with existing and future pedestrian and bicycle
pathways and to provide safe passage from the public right-of-way to the building.
21430.12 - Sidewalks
Sidewalks are provided throughout most of the Shores and East Village Districts. As
development continues, developers should provide sidewalks where not already
available, especially in the West Parkway District, which does not have sidewalks. In all
districts, sidewalks will be separated from the curb a minimum of four feet (4') to provide
safety for pedestrians, for passing vehicles and adequate space for landscaping. In the
West Parkway District, additional separation may be necessary to preserve natural
vegetation.
21-430.13 - Pedestrian Access Standards
Pedestrian circulation shall be provided by connecting buildings with existing and future
Rev 9-11-06(IandDevelopmentCode) XVIII-5
Exhibit "A"
pedestrian and bicycle pathways as well as by providing safe passage from the public
right-of-way to the building in the manner set forth below.
a. Number of Pedestrian Ways Required. Pedestrian ways shall be provided at a
minimum ratio of one (1) for each customer vehicular entrance to a project. For
example, if there are two (2) driveways into the site, two (2) sidewalk entries are
required. Entrances designed primarily for service and delivery vehicles are not
included in this ratio.
b. Materials. Pedestrian walkways shall be handicapped accessible. Materials may
include specialty pavers, colored concrete or stamped pattern concrete. Natural
materials for pedestrian paths may be encouraged in the West Parkway District.
C. Pedestrian Shade. Pedestrian walkways shall provide intermittent shaded areas
when the walkway exceeds one hundred (100) linear feet in length at a ratio of one
hundred (100) square feet of shade for every one hundred (100) linear feet of
walkway.
21-430.14 - Drive -Through Requirements
Drive -through windows and lanes shall not be located on a side of the building visible
from a public right-of-way. Drive -through lanes shall be designed primarily for
pedestrian safety and crossing. Drive -through designs must have the same detail of the
principal structure and match the materials and roof of the principal structure.
a. Screening Drive-Throughs. A dense hedge of evergreen shrubs shall be provided
in the following manner to screen drive-throughs:
1. At initial planting and installation, shrubs shall be at least thirty inches (30")
in height and shall be planted thirty inches (30") or less on center.
2. Within one (1) year of initial planting and installation, shrubs shall have
attained, and be maintained at a minimum height of four feet (4') and shall
provide an opaque vegetative screen between the street and the drive -through.
The hedge must continue for the entire length of the drive -through stacking
area.
3. In lieu of a vegetative hedge, the use of vegetated berms with appropriate
landscape materials may be used in a manner that results in the visual
separation of street right-of-way and the drive -through.
b. Stacking Distance. The following stacking distances, measured from the point of
entry to the center of the farthest drive -through service window area, are required:
1. Restaurants, full service car washes and day care facilities: Two hundred
twenty feet (220')
2. Banks (per lane): One hundred seventy five feet (175')
3. Self Service Car Wash (per bay) and Dry Cleaners: Sixty-five feet (65')
4. Other uses may require the City to determine the stacking distance on a case -
by -case basis.
Rev 9-11-06(IandDevelopmentCode) XVIII-6
Exhibit "A"
5. Facilities not listed above with more than one (1) drive -through lane shall
provide one hundred feet (100') of stacking distance per lane measured from
the point of entry to the center of the farthest service window area.
6. Drive -Though Separate From Other Circulation: The drive -through lane shall
be a separate lane from the circulation routes and aisles necessary for ingress
and egress from the property or access to any off-street parking spaces.
c. Pass Through Lanes. A pass -through lane shall be required for all drive -through
facilities constructed adjacent to at least one (1) stacking lane in order to provide
egress from the stacking lane.
SECTION 21440 - ARCHITECTURAL DESIGN STANDARDS
The architectural design standards are intended to be flexible and encourage design
diversity and variations. The criteria for development along the corridor will primarily
ensure that the architectural integrity and details of existing structures are maintained, as
well as affinn the appropriateness of new development into the character of the districts.
Special attention has been placed on the creation of an attractive, safe and functional
urban environment.
21-440.01- Building Orientation
All buildings shall be oriented so that primary fagades face public rights -of -way.
Buildings on comer lots shall be considered to have two (2) fronts and shall be designed
with additional architectural embellishments such as towers or other design features at the
comer to emphasize their location as gateways and transition points within the
community.
Although the main aesthetic emphasis shall be on the primary fagade(s), all building
elevations shall receive architectural treatment. The style of windows shall remain
uniform on all sides of the building.
21-440.02 - Primary Building Entrance
hi general, the primary pedestrian entrance to all buildings shall face Indian River
Boulevard, and shall be clearly defined and highly visible for the pedestrian. Multiple
tenant buildings shall have all customer entrances distinguished pursuant to these
regulations.
Primary entrances shall have either a protruding or raised roof, a stoop, a projection or
recession in the building footprint a minimum of three feet (Y) in depth that clearly
identifies the entrance.
Corner lots shall provide an entrance on both public rights -of -way or a comer entrance
In addition, every primary entrance shall have two (2) other distinguishing features from
the list below:
1. Variation in roof height around door;
Rev 9-11-06(LandDeve1op=ntCode) XVIII-7
Exhibit "A"
2. Canopy or portico;
3. Raised cornice or parapet over door;
4. Arches or columns;
5. Patterned specialty paving at entrance and along walkway,
6. Omamental and structural architectural details other than cornices over or on
the sides of the door; or
7. Any other treatment, which, in the opinion of the City, meets the intent of this
Section.
21440.03 - Building Height And Transition
Buildings will not be allowed to be any higher than already permitted in the respective
zoning district. New developments that are more than twice the height of any existing
building within three hundred feet (300') shall provide transitional stepped massing
elements to minimize the contrast between the buildings. The transitional massing
element shall include a primary fagade that is no more than the average height of the
adjacent buildings.
21440.04 - Fagade Treatments
Fagade treatments of a building must be designed with consistent and uniform
architectural style. Detail and trim features must be consistent with the style of the
building. Diversity of architectural elements on the fagade that are compatible with the
style are required. These elements must be integrated with the massing and scale of the
buildings.
Building walls and fagade treatments must avoid large blank wall areas by including at
least three (3) of the design elements listed below or their equivalent design feature.
Design elements should be in intervals of no more than thirty feet (30') apart, and
repetition is encouraged. At least one of the design elements should repeat horizontally.
At a minimum, buildings must provide at least two (2) of the following building design
elements on the primary fagade:
l . Awnings or attached canopies;
2. Arcades or colonnades;
3. Display windows a minimum of six feet (6') in height along sixty-five percent
(65%) of the primary fagade;
4. Clock or bell towers;
5. Decorative landscape planters or wing walls which incorporate landscaped
areas;
6. Pergola;
7. Benches or other seating components built into the building;
8. Texture or pattern change;
9. Material module change;
10. Ornamental or structural detail;
11. Varied building setbacks or projections; or
Rev 9-11-06(LandDevelopmentCode) XVIII-8
Exhibit "A"
12. Expression of architectural or structural bays, through a change in plane of no
less than twelve inches (12") in width, such as a reveal, an offset or a
projecting rib.
Changes in color along the facade that are compatible with each other and the style of the
building are encouraged but not sufficient to break up the mass of the facade.
21-440.05 - Prohibited Facade Treatments
The following treatments or features are prohibited on any facade that are visible from
the public rights -of -way:
1. The use of reflective glass and reflective film is prohibited on all buildings.
Windows and doors should be glazed in clear glass with no more than ten
percent (10%) daylight reduction.
2. Garage doors used either as decoration or for vehicular service, storage or any
other use (these elements must be side loaded).
3. Glass curtain walls.
4. Stained glass and art glass installations maybe permitted, provided they are in
character with the style of the building.
21-440.06 - Loading And Service Areas
Loading and service areas will be located behind or to the rear of buildings and will be
screened with walls and landscaping. Materials, rooflines and colors are permitted to be
consistent with the primary structures.
21-440.07 - Outdoor Shopping Cart Storage
All outdoor storage of customer shopping carts adjacent to the building shall be screened
by a wall a minimum of four feet (4') in height that is consistent in style, materials and
color to the facade. Arcade or colonnade areas cannot be used for the storage of shopping
carts.
21440.08 - Fenestration
Fenestration is the placement of windows and doors. Windows and doors must cover at
least thirty percent (30%) of the area of the primary facade. Windows must be located
between three feet (3') and seven feet (T) measured from ground level.
a. Exterior Wall Materials. All buildings subject to the terns of this Section shall be
clad with typical Florida building materials that are durable and appropriate to the
visual environment and climate. Design flexibility and creativity is encouraged
using ornamentation from a wide variety of architectural styles.
b. Flnish materials for walls. Exterior walls are the most visible part of most
buildings. Their exterior finishes shall be one of the following:
1. Concrete block with stucco;
2. Reinforced concrete with smooth finish or with stucco;
Rev 9-I1-06(LandDevelopwntCode) XVIII-9
Exhibit "A"
3. Natural brick or stone (excluding ashlar or rubble construction look);
4. Wood, pressure treated or naturally decay -resistant species;
5. Fiber -reinforced cement panels or boards that simulate wood; or
6. Synthetic stucco may be used only on non-fagade walls.
C. Prohibited Materials. No exterior wall shall be covered with the following
materials:
1. Plastic or vinyl siding;
2. Corrugated or reflective metal panels, steel buildings;
3. Applied stone in an ashlar or rubble look:
4. Smooth, scored or rib faced concrete block;
5. Any translucent material, other than glass; or
6. Any combination of the above.
d. Corporate Design. Corporate franchises should not be allowed to create visual
clutter or to use architecture and building colors to act as signage. Therefore,
exceptions to these guidelines shall not be made for corporate franchises. National
corporate chains that typically design their buildings to read as signage have been
known to modify their designs to blend with the character of the neighborhood.
21440.09 - Roof Treatments And Materials
Variations in the rooflines must be used to add interest to and reduce the massing of
buildings. Roof features and materials must be in scale with the building's mass and
complement the character of adjoining and adjacent buildings and neighborhoods.
a. Roof Standards. While any roof type is acceptable, the following standards shall
apply:
1. All flat roofs and any shed roof with a slope of less than 1:6 must be
concealed by a parapet•,
2. All hipped and gabled roofs and all shed roofs with a slope greater than
1:6 must have overhangs of at least eighteen inches (18");
3. Mansard roofs must have the lowest sloped surface, begin above a cornice
line and then slope upward and inward;
4. Small towers, cupolas and widow's walks are encouraged (if they are
compatible with the style of the building);
5. Unless specifically designed otherwise, roof overhangs shall wrap around
all four (4) sides of the building so that there is visual continuity around
the entire building unless site -specific conditions warrant otherwise; or
6. Skylight glazing must be flat to the pitch of the roof.
b. Permitted Roof Materials. The following roofing materials are permitted:
1. Standing Seam Metal: Steel (galvanized, enameled or teme-coated),
stainless steel, copper and aluminum;
2. Architectural Shingles: Asphalt, fiber reinforced cement, metal, fiberglass
and wood;
Rev 9-I1-06(La ffieveloprn atCode) XVIII-10
Exhibit "A"
3. Tile: Clay, terra Gotta or concrete; or
4. Flat roofs hidden by parapet: any material allowed by building code.
c. Equipment on Roof. All equipment located atop a roof of a building must be
concealed so that it is not visible by a person standing anywhere on the site or on an
adjacent public street.
21-440.10 - Building Color
Simple color schemes are encouraged. As a general rule, building fagade should not
exhibit more than three (3) colors.
a. Prohibited Colors. The use of garish or gaudy colors is prohibited. The use of
black, neon or fluorescent colors is prohibited as the predominant building color.
b. Trim on Fagade. Building trim and accent areas may feature any color, limited to
ten percent (10%) of the affected fagade segment, with a maximum trim height of
twenty-four inches (24") total for its shortest distance.
21440.11 - Multi -Building Complexes
Specific provisions must ensure a unified architectural design and site plan between a
complex of buildings or between out -parcel buildings and the main building(s) on the
site. The following standards assure an enhanced visual impact of the buildings, as well
as providing safe and convenient vehicular pedestrian access and movement within the
site.
a. Building Groups and Complexes. Buildings and structures, which are a part of a
present or future group or complex, shall have a unity of character and design and
the use, texture and color of materials shall create a harmonious whole. In addition,
the design, scale and location on the site shall enhance rather than detract from the
character, value and attractiveness of the surrounding community or neighborhood.
b. Ancillary Structures. Separate ancillary structures, including, but not limited to,
car washes, cashier booths, and/or canopies over gas pumps shall have comparable
pitch or parapets for roofs and shall otherwise have the same architectural detail,
design elements, color scheme, building materials and roof design as the primary
structure.
c. Out -Parcel Fagade. All exterior frgade of an out -parcel building must be
considered primary fagade and must employ architectural site and landscaping
design elements which are integrated with, and common to, those used on the main
development including color, materials, and decorative treatments.
d. Connect Circulation of Out -Parcels. Out -parcel structures that are adjacent to
each other must provide for vehicular connections between their respective parking
lots and provide interconnection of pedestrian walkways.
e. Common Wall and Side -By -Side Buildings. When the use of common wall, side -
by -side development occurs, continuity of fagade and consolidated parking for
several businesses in one parking lot may be used.
Rev 9-I1-06(LmdDevelopmeuCode) XVIII-11
Exhibit "A"
Service Areas. Service areas shall not be located in from yards and shall not be
visible from a public right-of-way. Waste disposal areas shall be screened one
hundred percent (100%) by a masonry wall and landscape buffer. The wall shall be
consistent in style, materials and color to the fagade. The landscape buffer shall be a
minimum of five feet (5') in width and shall contain a hedge three feet (Y) in height
at planting and capable of attaining five feet (5') in height and total opacity within
eighteen (18) months.
Mechanical equipment, satellite dishes, and other service support equipment shall be
located behind the building line and shall be fully screened from the view of
adjacent properties both at ground and roof top levels.
g. Pay Phones. All telephones on private property shall be confined to a space built
into the building or buildings or enclosed in a separate structure compatible with the
main building.
h. Building Security Devices. Exterior mounted security gates or solid roll down
metal windows shall be prohibited. Link or grill type security devices shall be
permitted only if installed from the inside, within the window or doorframes. Other
types of security devices fastened to the exterior walls are not permitted.
SECTION 21-450 - SIGNS
Sign regulations are important because they ensure consistency of signage along the
corridor and thereby prevent clutter and confusion exemplified by older, unregulated strip
commercial areas. The purpose and intent of sign regulations will be to augment the City
of Edgewater's existing sign code to fit the higher aesthetic standard being established for
Indian River Boulevard. This Section covers freestanding or detached signs, attached or
building signs, multi -tenant development signs and specialty signs. Properties zoned RP
(Residential Professional) shall adhere to sign requirements as set forth in Article III
21-450.01 - Freestanding Signs
Freestanding signs include signs that are typically placed in front of businesses and
developments in order to achieve visibility from the highway. By definition, freestanding
signs are unattached to the building(s).
21-450.02 - Ground Signs Required
Freestanding ground signs shall be allowed in the Indian River Boulevard Corridor. Pole
signs we prohibited.
a. Height. The maximum height of the entire sign structure shall be eight feet (8').
b. Sign Area. The sign area of ground signs shall be calculated at a ratio of one square
foot (F) of sign area per two linear feet (2') of addressed building frontage, with the
following maximums.
Typical Building. Ground signs shall not exceed forty-eight (48)
square feet for buildings with Indian River Boulevard road frontage.
Rev 9-11-06(Ls ffievelopmwtCode) XVIII-12
Exhibit "A"
2. Primary Streets and Other Intersecting Streets. Ground signs on
primary streets and other streets intersecting Indian River Boulevard
may be up to thirty-two square feet (32').
c. Number of Ground Signs. One (1) sign shall be allowed per parcel with four
hundred feet (400') or less of road frontage. If a parcel's road frontage exceeds four
hundred feet (400') and is less than seven hundred feet (700'), then a maximum of
two (2) ground signs shall be allowed but no closer than three hundred feet (300')
apart. If a parcel's road frontage exceeds seven -hundred feet (700'), then a
maximum of three (3) ground signs shall be allowed, but no closer than three
hundred feet (300') apart.
d. Ground Sign Planter Specifications. Vertical structure supports for ground signs
shall be concealed in an enclosed base. The width of such enclosed base shall be
equal to at least two-thirds (2/3) the horizontal width of the sign surface. A planter
structure shall enclose the foot of the base. The planter shall be between two feet
(2') and three feet (3') in height above the ground, with a minimum length equal to
the width of the sign and a minimum width of three feet (3'). The materials will be
consistent with the sign and principal structure. The planter shall be irrigated and
planted with low shrubs, ornamentals or flowers. Such plantings shall be maintained
indefinitely.
e. Ground Sign Setback. The planter setback shall be a minimum of ten feet (10')
from the right-of-way.
f Movement. No ground sign nor its parts shall move, rotate or use flashing lights.
21450.03 - Business Identification Signs
Business identification signs include signs that are attached to the building wall or
window. They include wall signs (flat against building wall), projecting/hanging signs
(perpendicular to the building), window signs, canopy/marquis and awning signs.
The following general design criteria shall apply to all attached signs located in the
Indian River Boulevard Corridor. No sign shall cover architectural detailing. Only one
(1) business identification shall be allowed per sign to reduce clutter.
a. Wall Signs. Wall signs should be limited to one (1) per business per fapade. The
total amount of wall signs allowed shall be two (2) square feet of signage per one
(1) linear foot of addressed business frontage, not to exceed sixty-four (64) square
feet, provided however that copy area shall not exceed fifty percent (50%) of the
primary frontage (width) of the tenant space. Wall signs should be placed on the
building facade and not perpendicular to the wall.
b. Projecting/Hanging Signs. Projecting/hanging signs should not exceed four (4)
square feet and should be located adjacent to the entry to the building or to the
tenant space. If located under an awning or marquis, the projecting sign should be
located perpendicular to the building face.
c. Window Signs. Window signs should be maintained properly. Window signs shall
be painted or decal only and should not exceed twenty five percent (25%) of
Rev 9-11-06(LandDevelopm ntCode) XVIJI-13
Exhibit "A"
window area. Sign location shall be between four feet (4') to six feet (6') above
grade to allow visibility into the store for pedestrians. Promotional posters for civic
events shall be permitted on windows and should not be included in the sign area
calculation.
d. Canopy/Marquis or Awning Valance Signs. Signs shall not be permitted on
canopy/marquis or awning valance structures.
21450.04 - Multi -Tenant Buildings
Developments that have multiple tenants shall limit the ground sign to just the name of
the center/complex (may also possibly include an anchor store) and wall signs to identify
the individual tenants to prevent clutter along the corridor.
a. Directory Signs (for multi -use developments). Sites with two (2) or more
businesses on the premises are allowed a directory sign. The size of the sign should
not exceed six (6) square feet. The location of directory signs should be approved at
the discretion of the City.
21450.05 - Specialty Signs
a. Easel. Easel signs should be limited to one (1) sign per active store entranceway.
The sign should relate to the business or merchandise line of the particular place of
business. Easel signs should be no larger than twenty four inches (24") wide by
thirty six inches (36") high.
1. Signs placed on easels should be no larger than twenty-four inches (24")
wide by twenty-four inches (24") high.
2. Signs shall be located directly in front of the business entrance at a
distance of no greater than five feet (5') from the building and shall not
block pedestrian movement.
In. Flags. A maximum of one (1) state, one (1) federal and one (1) local/county flag
per parcel; each a maximum of thirty-five (35) square feet. Flags shall be set back
from road right-of-way a minimum distance of ten feet (10').
c. Opening Banners. Opening banners shall be allowed from two (2) weeks prior to
opening until one (1) month after opening. Banners shall be located on building
walls.
21-450.06 - Signage Performance Standards
Only permanent durable materials allowed and must be maintained. Signs should be
executed by a qualified, professional sign maker; homemade signs are prohibited.
21-450.07 - Exempted Signs
Real estate signs and construction signs shall meet Land Development Code standards.
Rev 9-I1-06(I.andl>evelopmentCode) XVIII-14
Exhibit "A"
21450.08 - Prohibited Signs
a. Signs that are prohibited in the Indian River Boulevard Corridor include animated
signs, billboards, off -site signs, flashing signs, snipe signs, portable signs (trailer
signs), roof signs, beacon lights, bench signs, trash receptacle signs, gutter signs,
signs on public property, immoral display, obstruction, streamers, spinners and
pennants.
b. No advertising or signage is allowed on any exposed amenity including, but not
limited to, benches, trash containers and fences.
21-450.09 - Sign Illumination
a. Sign lights shall be focused, directed and so arranged as to prevent glare or direct
illumination or traffic hazard from said lights onto residential districts or onto the
abutting roadways. No objectionable glare shall be directly visible from a public
right-of-way or residential zone. Illuminated signs shall provide shielding from
any source of illumination other than neon.
b. Any external, above -ground light source shall be located and hidden within the
sign planter bed. Light sources located outside the sign planter bed shall be in a
burial fixture.
21450.10 - Prohibited Lighting
a. No flashing or pulsating light shall be permitted on any sign. No sign shall be
permitted which involves lighting or motion resembling traffic or directional
signals, warnings or other similar devices, which are normally associated with
highway safety or regulations. In addition, no sign shall be permitted which
constitutes a safety hazard or hindrance because of light, glare, focus, animation,
flashing or intensity of illumination. Lighted signs shall be designed and located
so as to prevent direct glare or hazardous interference of any kind to adjoining
streets or properties. High intensity lights such as beacon lights, spotlights or
floodlights shall not be permitted in the Indian River Boulevard Corridor.
b. No prisms, mirrors or polished reflecting surfaces shall be used for purpose of
augmenting intensity of light sources and no hi -intensity lights or stroboscopic
lights or effect is permitted.
1. No more than forty-five (45) milli -amperes on high voltage side of neon
transformer shall be permitted.
2. Maximum wattage of incandescent bulbs shall be limited to eleven (11) watts.
3. A maximum of sixty (60) milli -amperes shall be permitted on neon tubing.
4. Letters or border decoration of buildings with a maximum of eleven (11) watt
maximum incandescent bulbs shall be permitted.
5. Strip lighting includes lighting used to outline a structure or any part thereof
and shall be prohibited. Streamer lights and/or neon strip lighting shall be
prohibited above the roof level of any building. Strip lighting, as referred to
here, shall not include Christmas decorations and related lights.
Rev 9-11-06(LandDevelopmentCode) XVIII-15
Exhibit "A"
SECTION 21-460 — NONCONFORMING STRUCTURES
21-460.01— Existing Nonconforming Structures
These guidelines apply to buildings and structures. Further, any structure which is
lawfully existing when these regulations are adopted (or amended) and which does not
conform with all the provisions of these regulations may remain and be continued subject
to the following regulations.
1. The intent and purpose of these nonconforming structure provisions shall be to
improve and otherwise encourage such structures to be redeveloped and
revitalized in ways that conform with these regulations to the greatest extent
feasible. Therefore, such structures, may be used, enlarged, replaced, altered
and/or expanded subject to the following:
2. Such use, enlargement, replacement, alterations, expansions and/or extension is
approved (as a conditional use/special exception/administrative variance) by the
Planning and Zoning Board under the procedures of these regulations.
3. All applications shall be subject to all appropriate safeguards and conditions
necessary to ensure that any such approval will not be contrary to the public
interest, the intent of these Indian River Boulevard Design Guidelines or
injurious to the specific area in which the existing nonconforming structure is
located.
4. All applications shall provide complete and written justification regarding any
provisions of these regulations that the applicant believes cannot be fully
complied with. Such justification shall not include monetary considerations.
5. Under no circumstances shall the provisions of this Section be construed to mean
that any existing nonconforming structure may be changed, or that any provision,
requirement and/or regulation contained within these regulations can be waived
or reduced which can reasonably be complied with by the applicant. The
provisions of this Section shall not be construed and/or applied in such a manner
as to permit the enlargement, replacement, alterations, expansion and/or
extension of any existing nonconforming structure without justifiable reasons
based on a legally existing and nonconforming status; that would result in any
undue hardship or injurious activity that would deprive adjacent individual
property owners of their property rights; or that would be detrimental to the area
surrounding the nonconforming premises in general.
21460.02 — Guidelines For Nonconforming Structures
a. No nonconforming structure shall be enlarged, replaced or altered in any way which
increases it nonconformity except in conformance with these regulations;
In. It is further stated that any alterations, replacement or modification of the exterior of
a nonconforming structure shall comply with these design guidelines to the
maximum extent feasible;
Rev9-11-06(I.andDevelopmentCode) XVIII-16
Exhibit "A"
c. Nonconforming structures may be restored to a safe condition if declared unsafe,
providing that such restoration does not constitute more than fifty -percent (50%) of
the structure's appraised fair market value;
d. If damaged by more than fifty -percent (50%) of its appraised fair market value, a
nonconforming structure shall not be restored except in conformance with these
regulations.
e. Nonconforming structures may have normal repair and maintenance performed to
permit continuation of the nonconforming structure.
SECTION 21470 -RESERVED
SECTION 21-480 -RESERVED
SECTION 21490 -RESERVED
Rev 9-I1-06(1a dl)evelopmentCode) XVIII-17