2024-O-10 - LDC - Chapter 21 ORDINANCE NO.2024-0-10
AN ORDINANCE OF THE CITY OF EDGEWATER,
FLORIDA, AMENDING ARTICLE II (DEFINITIONS),
ARTICLE III(PERMITTED,CONDITIONAL,ACCESSORY,
AND PROHIBITED USES), ARTICLE VI (SIGN
REGULATIONS), ARTICLE XX (RIDGEWOOD AVENUE
CORRIDOR DESIGN REGULATIONS) OF CHAPTER 21
(LAND DEVELOPMENT CODE); PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FOR AN EFFECTIVE
DATE,ADOPTION AND CODIFICATION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. On July 10, 2000, City Council adopted Ordinance #2000-0-12 which enacted
Chapter 21 (Land Development Code)of the City of Edgewater Code of Ordinances.
2. On June 5, 2017, City Council adopted Ordinance # 2017-0-16 which amended
and restated Chapter 21 (Land Development Code), Article II (Definitions), Article III
(Permitted, Conditional, Accessory and Prohibited Uses), Article VI (Sign Regulations),Article
XX(Ridgewood Avenue Corridor Design Regulations).
3. Adoption of this Ordinance will modify the above-referenced Articles of Chapter
21 (Land Development Code).
NOW,THEREFORE,BE IT ENACTED by the People of the City of Edgewater,
Florida:
PART A. AMEND ARTICLE II (DEFINITIONS), ARTICLE III
(PERMITTED, CONDITIONAL, ACCESSORY, AND
PROHIBITED USES),ARTICLE VI (SIGN REGULATIONS),
ARTICLE XX (RIDGEWOOD AVENUE CORRIDOR
DESIGN REGULATIONS) OF CHAPTER 21 (LAND
DEVELOPMENT CODE), OF THE CODE OF
ORDINANCES,CITY OF EDGEWATER,FLORIDA.
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2024-0-10
Amend Chapter 21 (Land Development Code) of the City of Edgewater, Florida by
amending Article II (Definitions), Article III (Permitted, Conditional, Accessory and Prohibited
Uses), Article VI (Sign Regulations), and Article XX (Ridgewood Avenue Corridor Design
Regulations as amended pursuant to Exhibit "A", which is attached hereto and incorporated
herein.
PART B. CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof, in conflict with this
ordinance, are hereby superseded by this ordinance to the extent of such conflict.
PART C. SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void by a court of competent jurisdiction, such holding shall not affect the
remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to l�
be inapplicable to any person, property, or circumstances by a court of competent jurisdiction,
such holding shall not affect its applicability to any other person,property, or circumstance.
PART D. CODIFICATION.
Provisions of this ordinance shall be incorporated in the Code of Ordinances of the City
of Edgewater, Florida, and the word "ordinance", may be changed to "section", "article", or
other appropriate word, and the sections of this ordinance may be renumbered or re-lettered to
accomplished such intention; provided,however,that Parts B through F shall not be codified.
PART E. EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
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2024-0-10
PASSED AND DULY ADOPTED this day of , 2024.
�.: Diezel DePew, Mayor
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Boi ie Mott i MC, City Clerk
Passed on first reading on the day of i ,2024
REVIEWED AND APPROVED: (�� , )c
Aaron R. Wolfe City torney
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2024-0-10
EXHIBIT"A"
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2024-0-10
! 1
ARTICLE II
DEFINITIONS
SEC'T'ION 21-20-DEFINITIONS..............................................................................II-1
21-20.01-Intent.........................................................................................................II-I
21-20.02-DeFnitions.................................................................................................II-1
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ARTICLE If
DEFINITIONS
SECTION 21-20-DEFINITIONS
21-20.01-Intent
Unless otherwise expressly stated the following terms shall, for the purposes of these
regulations have the meaning indicated.Words in the singular include the plural,and those in the
plural include the singular. Words used in the present tense include the future tense.The words
"Person," "subdivider," "developer" and "owner" include a corporation, unincorporated
association and a partnership or other legal entity, as well as an individual. The word
"watercourse"includes channel,creek,ditch,spring and streams.
The words "should" and "may" are permissive. The words "shall" and "will" are
mandatory and directive. Words not herein defined shall have the meanings given in Webster's
Unabridged Dictionary or the applicable state statutes and/or administrative rules. The words
and terms herein shall have the meanings ascribed thereto.
21-20.02-Definitions
ABANDON means to discontinue an existing use of land or structure for 181 consecutive
days,other than cessation due to probate or mortgage foreclosure activities.
ABUT OR ABUTTING means to physically touch or border upon, or to share a
common property line,or be separated from such a border by an alley,easement,street or canal.
ACCESS means a dedicated, or recorded right-of-way, road, lane, alley or easement
affording perpetual ingress and egress to a subject property, to a public thoroughfare or to a
water body.
ACCESSORY BUILDING means a structure,the use of which is customarily incidental
and subordinate to that of the main building on the same lot, including but not limited to,
detached garages, or carport, barns, greenhouse, woodshed, tool shed, gazebos, docks, boat
houses and similar uses that are used to shelter and/or protect equipment, supplies, chemicals,
goods,furniture and the like for use by the principal occupant.
ACCESSORY USE means a use that is incidental, related, appropriate and clearly
subordinate to the principal use of the building, lot or parcel and is under the direct control or
ownership of any person who occupies or operates the principal use of the same building,lot or
parcel.
ACTUAL START means the first placement of, permanent construction of a structure
on a site,such as the pouring of slabs or footings, installation of piles,construction of columns,
or any work beyond the stage of excavation or the placement of a manufactured home on a
foundation.
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ADMINISTRATIVE OFFICIAL means the Development Services Director or
Building Official of the City of Edgewater.
ADULT DAY CARE CENTER means any building, buildings, whether operated for
profit or not,in which is provided through its ownership or management,for any part of a day,
basic services to three or more persons who are 18 years of age or older,who are unrelated to the
owner or operator by blood or marriage,and who require such services.
ADVERTISING DISPLAY AREA OR DISPLAY AREA means the advertising
display surface area(copy area)which may be encompassed within any regular geometric figure
and which forms the informational component of a sign, not including the structural support
components of a sign.
AFFILIATE means a person that directly or indirectly owns or controls,or has common
ownership or control with another person.For purposes of this paragraph,the term own means to
own an equity interest(or the equivalent thereof)of more than 10 percent.
AFFORDABLE HOUSING means residential units priced so that monthly costs do not
exceed thirty(30)percent of the household gross income.
AGRICULTURAL USE means the use of land in horticulture, floriculture,viticulture,
forestry, diary, livestock, poultry, beekeeping, pisciculture and all forms of farm products and
farm production.
AGRICULTURE means general farming activities and attendant accessory uses and
subsequent processing and industrial activities.
AIRCRAFT HANGER means an enclosed or semi-enclosed building specifically
intended for the storage of aircraft.
ALLEY means a public right-of-way primarily designated to serve as a secondary means
of access to the side or rear of abutting properties having principal lot frontage on a street.
ALTERED OR ALTERATIONS means any change in a building's structural parts,
stairways; type of construction; kind or class of occupancy; light and ventilation; means of
ingress and egress;wiring,plumbing,heating or cooling system;and other changes affecting or
regulated by building codes or the ordinances.
ALTERATION in regards to Historic Preservation means any act that changes the
exterior features of a designated property.
ALTERED WETLAND means wetlands that have been substantially affected by
development,but which continue to provide some environmental benefit.
ALTERNATIVE SUPPORT STRUCTURE means structures, other than
telecommunication towers, including, but not limited to: buildings; water towers; light poles;
power poles;telephone poles and other public utilities structures.
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AMORTIZATION OR AMORTIZING means a method of eliminating nonconforming
uses by requiring the termination of the nonconforming use after a specified period of time.
ANIMAL BOARDING means the housing of animals for compensation for more than
12 hours.
ANTENNA means any system of wires, poles,rods,reflecting discs or similar devices,
used for the transmission or reception of electromagnetic waves external to,or attached to,the
exterior of any building.
APARTMENT-see"Dwelling"for various housing types.
APPEAL means a request for a review of an administrative interpretation of any
provision of this Code,a decision made by any City official,City board or the City Council.
APPLICANT means any person who submits appropriate documentation as required by
the City relating to all aspects of this Code.
AQUACULTURE means raising aquatic animals for sale.
AQUACULTURE, LIMITED means the cultivation, production and raising of the
natural products of water including hatcheries,nurseries and maintenance of products in above
ground tanks less than 10,000 gallons of capacity.
AREA OF SHALLOW FLOODING means a designated AO or VO zone on a
community's Flood Insurance Rate Map(FIRM)with base flood depths from 1 to 3 feet where a
clearly defined channel does not exist, where the path of flooding is unpredictable and
indeterminate and where velocity flow may be evident.
AREA OF SPECIAL FLOOD HAZARD means the Iand in a flood plain in a
community subject to a one percent or greater chance of flooding in any given year.
AS-BUILT SURVEY means a survey which depicts the location and dimension of all
structures, parking areas, stormwater management facilities and associated grades, road
easements or other improvements as may be required or constructed on the parcel and includes
the location and limits of the 100-year flood plain,if any.
ASSISTED LIVING FACILITY (ALF) means any building or buildings, section or
distinct part of a building,private home,boarding home,home for the aged,or other residential
facility, whether operated for profit or not, which undertakes through its ownership or
management to provide housing, meals, and one or more personal services for a period
exceeding 24 hours to one or more adults who are not relatives of the owner or administrator.
AUTOMOTIVE PAINT AND BODY SHOP means an establishment for automotive
bodywork including the painting, repainting, restoring of a vehicle, parts or components
including engine removal or dismantling, straightening or welding of vehicle frames or body
parts,or the performance of other related vehicle services.
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AUTOMOTIVE REPAIR means a use or establishment performing mechanical repair
or serving work to automobiles and light trucks and does not include large trucks or other
mechanical equipment.The term does not include any of the following activities or uses:
(a) Vehicle paint and body shop.
(b) Vehicle fabrication or assembly uses.
(c) Vehicle welding services or repairs.
AUTOMOTIVE SERVICE STATION means an establishment that is used primarily
for the retail sale and direct delivery to motor vehicles of motor fuels and lubricants.
AWNING means a roof-like structure, regardless of the material used for construction,
attached to a building which shelters doors or windows from the weather.
BANNER SIGN means any sign intended to be hung either with or without frames,
possessing characters,letters,illustrations or ornamentation applied to paper,plastic or fabric of
any kind,including such signs stretched across or hung over any public right-of-way.
BASE FLOOD means the Flood having a one-percent(19/6) chance of being equaled or
exceeded in any given year(100 year storm event).
BASE FLOOD ELEVATION means the maximum elevation above mean sea level
expected to be reached by Flood waters during a 100-year storm event.
BASEMENT means that portion of a structure having its finished floor(below ground
level)on all sides.
BEACON LIGHT SIGN means any sign or device which includes any light with beams
capable of being revolved automatically.
BED AND BREAKFAST means a house or portion thereof where lodging rooms are
available for short-term rental and meals may be provided to the guests renting the rooms and
where the operator of the establishment lives on the premises.
BENCH SIGN means a bench or bus shelter upon which a sign is drawn, painted,
printed,or otherwise affixed thereto,as further described in Chapter 337.408,F.S.
BERM means a manmade or natural mound of earth located so as to form a mound
above the general elevation of the adjacent ground or surface.
BEST MANAGEMENT PRACTICES (BMPs) means schedules of activities,
prohibitions of practices, maintenance procedures, treatment methods and other management
practices to prevent or reduce pollutants from entering the MS4(see definition).
BILLBOARD SIGN means a sign that directs attention to a business, commodity,
service or entertainment conducted, sold or offered at a location other than the premises on
which the sign is located.
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BLOCK means a tract of land existing within well defined and fixed boundaries,usually
being a group of lots surrounded by streets or other physical barriers.
BOAT HOUSE means an accessory structure typically but not necessarily attached to a
dock designed and used for the protection and storage of boats and boating supplies.
BOUNDARY LINE means a delineation that indicates or defines limits between
differing lot or property Iines.
BOUNDARY SURVEY means a survey that depicts the physical boundaries and
dimensions of a parcel and its legal description.
BREAK POINT means the location on a communication tower of a designed feature
which, in the event of a tower failure, would result in the tower falling entirely within the
boundaries of the property on which it is located.
BREAKAWAY WALL means a wall that is not pari of the structural support of the
building and is intended through its design and construction to collapse under specific lateral
loading forces without causing damage to the elevation portion of the building or the supporting
foundation system.
BUFFER means a land area of specified width and/or height which is used to separate
one use from another,or to shield or block noise,lights,or other nuisances. �,�►t
BUILDABLE AREA means that portion of a lot remaining excluding the established
front,rear and side setbacks.
BUILDING means any structure designed or built for the support,enclosure,shelter or
protection of persons,animals,chattels or moveable property of any kind.
BUILDING ADDITION means any expansion to the perimeter of a building to which
the addition is connected.
BUILDING FRONTAGE means the side of a building facing the principal road,street,
highway or easement serving the building.
BUILDING HEIGHT means the vertical distance measured from the required minimum
finished floor elevation to the highest point of a flat roof,or to the deck line of mansard roof.or
to the average distance between eaves and ridge for gable,hip and gambrel roofs.
BUILDING PERMIT EXPIRATION means every permit issued shall become invalid
unless the work authorized by such permit is commenced within six months after its issuance,or
if the work authorized by such permit is suspended or abandoned for a period of six months after
the time the work is commenced.One or more extensions of time,for periods not more than 90
days each, may be allowed for the permit. The extension shall be requested in writing and
justifiable cause demonstrated.Extensions shall be in writing by the Building Official.
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BUILDING SETBACK LINE means a line within a lot or other parcel of land so
designated on the final plat,between which line and the adjacent boundary of the street or street
widening setback line, where applicable, upon which the lot or parcel abuts the erection of a
building is prohibited,as prescribed by the zoning ordinance.
BULKHEAD LINE means a line established to fix the maximum distance from the
shoreline within which filling may occur.
BUSINESS TAX RECEIPT means a permit to engage in an activity that requires
regulation and all regulated activities must operate from within a permanent structure.
CALIPER means the trunk diameter of trees at a predetermined point.
CANOPY(FREESTANDING)ITEMPORARY CARPORTS means a rigid supported
structure (capable of disassembly) covered with fabric, and supported by columns or posts
embedded in the ground and/or attached at other points.Does not include the term carport.
CAPACITY means the availability of a public or private service or facility to
accommodate users, expressed in an appropriate unit of measure such as gallons per day or
average daily trips.
CARTWAY means the actual road surface areas from curb line to curb line or the hard
surface road width of the road surface when no curbs are present.
CARPORT means an accessory structure or portion of a principal structure consisting of
roofed area open on one,two,or three sides and free standing or attached to the main building by
support members for storage of one or more vehicle. Does not include the term canopy
(freestand ing).
CAMOUFLAGE COMMUNICATION TOWER means a tower designed to merge
and blend into and conform in appearance with existing surroundings. An example of a
camouflage communication tower would be one that is constructed in the form and shape of a
tree in order to appear to be part a forested area or a tower constructed to appear to be a
component of a bell tower or to be or appear to be a component of church steeple in order for the
tower to be or appear to be part of these more aesthetically pleasing structures.
CANAL means an artificial,primary water conveyance facility with an open channel and
usually a wet bottom.
CEMETERY means land used or intended to be used as a burial ground or burial place
of the human dead and dedicated for crematories, mausoleums and mortuaries if operated in
connection within the boundaries of such cemetery.
CERTIFICATE OF CONCURRENCY means a statement issued by the City and
relating to a specific development project on a specific parcel of real property or part thereof,
which is valid and states that all concurrency requirements are satisfied and that a specified
quantity of concurrency facilities is reserved for a specified period of time.
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CERTIFIED LOCAL GOVERNMENT means a government meeting the requirements
of the National Historic Preservation Act Amendments of the 1980 (P.A. 96-515) and the
implementing regulations of the U.S.Department of the Interior and the State of Florida.
CHANGEABLE COPY SIGN means a sign that is designed so that characters,letters or
illustrations can be changed or rearranged,including billboards.
CHILD CARE FACILITY means any child care center or child care arrangement
which provides child care for more than five children unrelated to the operator and which
receives a payment, fee,or grant for any of the children receiving care,wherever operated,and
whether or not operated for profit. The following are not included:
Public schools and nonpublic schools and their integral programs,except as provided in Chapter
402.3025,F.S.(2005);
(a) Summer camps having children in full-time residence;
(b) Summer day camps;
(c) Bible schools normally conducted during vacation periods;and
(d) Operators of transient establishments, as defined in Chapter 509 (F.S.), which
provide child care services solely for the guests of their establishment or resort
provided that all child care personnel of the establishment are screened according
to the level 2 screening requirements of Chapter 435.
CHRONIC NONMALIGNANT PAIN means pain unrelated to cancer or rheumatoid
arthritis,which persists beyond the usual course of the disease or injury that is the cause of the
pain,or more than ninety(90)days after surgery.
CITY means the City of Edgewater,a Florida municipal corporation.
CITY COUNCIL means the governing body of the City.
CITY ENGINEER means a professional engineer employed by the City or the
designated consultant professional engineer.
CLEAN WATER ACT(CWA)means Public Law(PL)92-500,as amended PL 95-217.
PL 95-576,PL 6483,and PL 97-117,33 U.S.C. 1251 et seq.,as amended by the Water Quality
Act of 1987,PL 1004.
CLEARING means the removal of trees and/or brush from a parcel, not including
mowing.
CLUB means a building or facilities owned or operated by a corporation, association,
person or persons for a social,educational,or recreational purpose,but not primarily for profit or
to render a service which is customarily carried on as a business and where the serving or sale of
alcohol is not the primary use.
COASTAL HIGH HAZARD ZONE OR AREA means the area subject to high-
velocity waters caused by,but not limited to,hurricane wave wash found in Category I storms.
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CODE OF ORDINANCES means the laws, rules and regulations of the City of
Edgewater which shall include, but not be limited to, the Code of Ordinances and the Land
Development Code.
COMMERCIAL MASCOT means any person(s), animal(s) and/or facsimile thereof
holding,spinning,waving and/or otherwise displaying signage for the advertising of commercial
products or services within any public right-of-way or visible from any public right-of-way,
including any person(s),animal(s)and/or facsimile thereof attired or decorated with commercial
insignia, images or symbols, for the advertising of commercial products or services within any
public right-of-way or visible from any public right-of-way. This shall include, but not be
limited to,sign spinners,sign twirlers,sign walkers,sign clowns,etc.
COMMERCIAL MOBILE SERVICES means the communications Act and the FCC's
rules,and include cellular telephone services regulated under Part 22 of the FCC's rules, SMR
services regulated under Part 90 of the FCC's rules, and PCS regulated under Part 21 of the
FCC's rules.
COMMUNICATION ANTENNA means an antenna designed to transmit or receive
communications as authorized by the Federal Communications Commission(FCC).
COMMUNICATION TONER means a tower greater than 35 feet in height(including
the antenna component)which supports communication(transmission or receiving)equipment.
Amateur radio operators' equipment, as licensed by the FCC, shall not be deemed a
communication tower.
COMMUNITY RESIDENTIAL HOME means a dwelling unit licensed to serve
residents who are clients of the Department of Elderly Affairs, the Agency for Persons with
Disabilities,the Department of Juvenile Justice,or the Department of Children and Families or
licensed by the Agency for Health Care Administration which provides a living environment for
7 to 14 unrelated residents who operate as the functional equivalent of a family,including such
supervision and care by supportive staff as may be necessary to meet the physical, emotional,
and social needs of the residents. Homes of six or fewer residents which otherwise meet the
definition of a community residential home shall be deemed a single-family unit and a
noncommercial, residential use for the purpose of local laws and ordinances. Homes of six or
fewer residents which otherwise meet the definition of a community residential home shall be
allowed in single-family or multifamily zoning without approval by the local government,
provided that such homes shall not be located within a radius of 1,000 feet of another existing
such home with six or fewer residents; provided that, prior to licensure,the sponsoring agency
provides the local government with the most recently published data compiled from the licensing
entities that identifies all community residential homes within the jurisdictional limits of the
local government in which the proposed site is to be located in order to show that no other
community residential home is within a radius of 1,000 feet of the proposed home with six or
fewer residents. At the time of home occupancy, the sponsoring agency must notify the local
government that the home is licensed by the licensing entity.
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COMMUNITY WATER SYSTEM-means a public water system which serves at least
15 service connections used by year-round residents or regularly serves at least 25 year-round
residents.
COMPATIBILITY means a condition in which land uses or conditions can coexist in
relative proximity to each other in a stable fashion over time such that no use or condition is
negatively impacted directly or indirectly by another use or condition.
COMPREHENSIVE PLAN means an ordinance of the City which contains the official
statement of public policy for the development and/or redevelopment of the City, and which
conforms to the relevant requirements of Chapter 163, Part II,F.S.and the appropriate portions
of the Florida Administrative Code.
COMPUTERIZED SWEEPSTAKES DEVICE means any computer,machine, game
or apparatus which,upon the insertion of a coin,token,access number,magnetic card,or similar
object, or upon the payment of anything of value, and which may be operated by the public
generally for use as a contest of skill,entertainment or amusement,whether or not registering a
score,and which provides the user with a chance to win anything of value that is not de minimis.
Machines designated for use by the State Lottery Commission are not Computerized
Sweepstakes Devices for purposes of this definition.
CONCEPTUAL PLAN means a preliminary presentation and attendant documentation
of a proposed development project of sufficient accuracy to be used for meaningful discussion.
CONCURRENCY means a finding that required public facilities and services necessary
to support a proposed development are available,or will be made available concurrent with the
impacts of the development. Roadways,wastewater,solid waste,drainage,potable water,open
space/parks and recreation facilities and schools have or will have the necessary capacity to meet
the adopted level of service standards at the time the impact of a new or expanded development
occurs. Transportation facilities needed to serve new development shall be in place or under
actual construction within 3 years after the local government approves a building permit or its
functional equivalent that results in traffic generation.
CONCURRENCY MANAGEMENT means the procedure and process that the City
uses to ensure that no development order or permit is issued by the City unless the necessary
concurrent public facilities are available. This means public facilities and services for which a
Level of Service (LOS) must be met concurrent with the impact of development, or an
acceptable deadline as mandated in the Comprehensive Plan pursuant to Chapter 163, Florida
Statutes,and 9J-5.0055,Florida Administrative Codes,and shall include but may not be limited
to:
(a) potable water (d) recreation/open space (g) schools
(b)sanitary sewer (e) solid waste
(c) drainage (f) roadways
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CONSTRUCTION PLANS means signed and sealed drawings by an appropriate
professional, and/or specifications indicating specific locations of site improvements and other
similar matters.
CONSTRUCTION SIGN means any sign giving the names of contractors, design
professionals and lending institutions responsible for construction occurring on the same parcel.
CONSTRUCTION TRAILER means a temporary office placed upon a parcel for the
purpose of supervising the development of said site, and can only be installed after site plan
approval and must be removed within five days of the issuance of a Certificate of Occupancy.
CONDITIONAL USE means a use within a zoning district that may be permitted,
pursuant to express standards and criteria,which are consistent with the Comprehensive Plan.
CONTIGUOUS means lands which abut each other or are separated by streets,
easements,pipelines,power lines,conduits,or rights-of-way under ownership of the petitioner,
governmental agencies,subdivision,or public or private utility.
CONTROLLED SUBSTANCE MEDICATION means any controlled substances
identified in Schedules I,II,III or IV of Chapter 893,Florida Statutes as may be amended from
time to time.
COSTS with regard to hazardous substances means those necessary and reasonable costs
incurred by the City in connection with investigating, mitigating, minimizing, removing or
abating discharges of hazardous substances,including but not limited to:the actual labor costs of
city personnel or authorized agents,cost of equipment operation and rental,cost of expendable
items, including but not limited to, firefighting foam, chemical extinguishing agents,absorbent
material, sand, recovery drums, goggles and protective clothing(both structural and chemical
protective,disposable or standard use). Costs shall further include overhead costs and indirect
expenses allocable to the foregoing costs.
CREMATORIUM means an establishment in which a deceased body is reduced to
ashes in a furnace.This type of facility must be licensed with the Florida Department of Business
and Professional Regulation and meet the criteria of the Florida Department of Health
Department of Environmental Protection,pursuant to Florida Statutes,Chapter 470.
DECISION OR RECOMMENDATION regarding Historic Preservation means when
referring to the Recreation/Cultural Services Board,the executive action taken by the Board on
an application for a designation or a certificate of appropriateness regardless of whether that
decision or recommendation is immediately reduced to writing.
DEMOLITION means any act that destroys in whole or in part,a building or structure,
landmark or archeological site.
DENSITY means an objective measurement of the number of residential units allowed
per unit of land.
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DESIGN CAPACITY means the limit of capacity of a public facility beyond which it
ceases to function efficiently.
DESIGN HIGH WATER (DHW) means the water elevation expected to occur at a
particular design storm event. Examples are:
DHW 10 10-year storm event
DHW 25 25-year storm event
DHW 100 100-year storm event
DEVELOPER means any person, partnership or corporation, or duly authorized agent
who undertakes any material changes to land or other development activities under these
regulations.
DEVELOPMENT means the carrying out of any building activity or mining operation,
the making of any material change in the use or appearance of any structure or land, or the
dividing of land into three(3)or more parcels and includes the following activities or uses:
(a) A reconstruction, alteration of the size or material change in the external
appearance of a structure or land:
(b) A change is the intensity of use of land, such as an increase in the number of
dwelling units in a structure,or on land, or a material increase in the number of
businesses manufacturing establishments,offices,or dwelling units in a structure
or on land;
(c) Alteration of a shore or bank of a seacoast, river, stream, lake, pond, or canal
including any "coastal construction' as defined in Section 161.02I, Florida
Statutes;
(d) Commencement of drilling,except to obtain soil samples,mining,or excavation
on a parcel of land;
(e) Demolition of a structure;
(f) Clearing of land as adjunct of construction;
(g) Deposit of refuse,solid or liquid waste,or fill on a parcel of land;or
(h) The subdivision of land consistent with this regulation.
When appropriate to the context,"development"refers to the act of developing or to the
result of development.
DEVELOPMENT AGREEMENT means an agreement entered into between the City
and another party associated with the development of land,including agreements associated with
development orders issued pursuant to Section 21-101 of this Code.
DEVELOPMENT ORDER means an order or permit granting, denying, or granting
with conditions an application for a development permit.
DEVELOPMENT SIGN means a sign designed and intended to advertise and promote
the sale of buildings or subdivided lots on the same parcel.
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DIAMETER AT BREAST HEIGHT(DBH)means the diameter of a tree,measured 4-
1/2 feet above the average ground elevation at its base. If the tree, or shrub forks 4-1/2 feet
above the ground level,it is measured below the swell resulting from the double stem. Stems
that fork below 4-I/2 feet above the ground level should be considered a separate plant.
DIRECTORY SIGN means a sign on which the names and locations of occupants or the
use of a building is given.
DISCHARGE shall mean any intentional or unintentional action or omission resulting in
the release of liquid, solid or gaseous material and includes but is not limited to a release,
spilling, leaking, seeping, pouring, emitting, emptying, and dumping of any substance or
material.
DISPENSING FACILITY means a facility of a dispensing organization that dispenses
low-THC cannabis and/or medical cannabis.
DISPENSING ORGANIZATION means an organization authorized by the Florida
Department of Health to cultivate,process,transport and dispense low-THC cannabis or medical
cannabis.
DOCUMENTATION means any photographs,slides,drawings,plans,electronic media,
or additional written description or narrative relating to the specific matter.
DREDGING means excavation by any means that occurs in a water body or which is,or
is proposed to be,connected to a water body via excavated water bodies or a series of excavated
water bodies.
DWELLING means any building or portion thereof designed or used exclusively for
residential living occupancy.
DWELLING TYPES
SINGLE-FAMILY means a residential building designed for, or
occupied exclusively by one family.
DUPLEX means a residential building containing two dwelling units
joined by a minimum 2-hour rated firewall each having separate entrances and
kitchen facilities.
MULTI-FAMILY means a residential building on one parcel of land
designed for, or occupied exclusively by three or more families with separate
housekeeping and cooking facilities for each unit.
APARTMENT means a rented or leased room, or a suite of rooms,
occupied, or which is intended or designed to be occupied as the home or
residence of one individual,family,or household for housekeeping purposes with
each unit separated by a minimum one-hour rated fire wall.
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TOWNHOUSE means a one family dwelling in a row of at least three
such units in which each unit has its own front and rear access to the outside,no
unit is located over another unit,and each unit is separated from any other unit by
one or more common wall with a minimum 2-hour rated fire wall.
GARAGE APARTMENT means a two story attached accessory building
with a ground floor automobile storage and single family living quarters on the
second floor located in a multi-family designated district.
GARDEN APARTMENT means a residential building containing more
than four apartments,not exceeding three stories in height with units located side
by side and on top of each other with each unit separated by a minimum one-hour
rated fire wall.
UNIT means a group of interrelated rooms which are intended or designed
for the use of one family,separated from other spaces by lockable doors,having
access to the outdoors without crossing another dwelling, having living and
sleeping facilities and cooking facilities,fixed or portable,and complete sanitary
facilities.
MID-RISE means a residential building containing more than four
apartments,not less than four stories with units located side by side and on top of
each other.
CLUSTER HOUSING means a development involving two or more
detached dwellings to be constructed on a parcel on which all land areas not
occupied by dwelling units shall be designated as common space.
DRY BOTTOM means any water retention, detention, or conveyance facility which
evacuates its water level below its designated bottom within seventy-two hours of its deigned
storm event,by either natural or artificial draw down means;and whose bottom is maintained a
minimum twelve inches above the SHWT.
EASEMENT means any strip of land created by a subdivider,or granted by the owner
for public utilities,drainage,sanitation or other specified and limited uses,the title to which shall
remain in the name of the property owner subject to the right of use designated in the
conveyance.
ELEVATED BUILDING means a non-basement building built to have the lowest floor
elevated above the ground level by means of fill, solid foundation perimeter walls, pilings,
columns(posts and piers).
EMF(electromagnetic field)means a wireless communication.
ENGINEER means a person practicing engineering and licensed in the State of Florida
pursuant to the requirements of Chapter 471,F.S.
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ENVIRONNIENTAL CONSTRAINTS means natural resources or natural
characteristics that are sensitive to improvements and require mitigative actions to be maintained
by owner.
EQUIPMENT means the implements used in an operation or activity.
EQUIVALENT RESIDENTIAL UNIT (ERU) means 204 gallons per day potable
water usage,and 204 gallons per day of wastewater contribution to be an equivalent residential
unit.
ERECT shall mean to build, construct, attach, hang, place, suspend or affix, whether
temporary or permanent,and shall include the painting of wall signs.
ERECTED means attached, altered, constructed, enlarged, reconstructed, or moved
whether temporary or permanent.
EXCHANGE ACCESS means the offering of access to telephone exchange services or
facilities for the purpose of the origination or termination of telephone toll services.
EXFILTRATION SYSTEM means water passing through a permeable substance such
that water is filtered as it is discharged from a water conveyance facility(e.g.,exfiltration pipe).
EXISTING CONSTRUCTION means any structure for which the "start of
construction"commenced before June 17, 1974.
F.A.C.means the most current version of the Florida Administrative Code which is the
administrative rules implementing state statutes.
FAMILY means a group of individuals living under one roof. Those who dwell under
the same roof and compose a family; a social unity comprised of those living together in the
same dwelling.
FEATI-1ER FLAG means a type of oortahle advertising, banner that consists of a narrow
piece of printed fabric mounted on a liehtwcieht frame that contains a harpoon-stvle pole or staff
driven into the around.
FEN-IA means the Federal Emergency Management Agency.
FENCE means a barrier,usually comprised arwooden or metal posts,rails or chain link,
used as a boundary marker or means of protection, concealment andbr confinement, but not
including hedges,shrubs,trees,or other natural growth.
FINISHED FLOOR ELEVATION means the elevation of the finished floor of the
habitable space of a building. The elevation should be referenced to a standard datum,typically
the North American Vertical Datum of 1988(NAVD-88).
FIREWALL means a wall as described in the Standard Building Code which is of
sufficient fire resistance,durability and stability to withstand the effects of an uncontrolled fire
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1�
exposure,which may result in collapse of the structural framework on either side. Openings in
the wall,if allowed,must be protected.
FIRM means the Flood Insurance Rate Map.
FIS means Flood Insurance Study.
FIXED BASE OPERATIONS means directly related activities to operate and support
an airport and its users.
FLASHING SIGN means a sign that contains an intermittent or sequential flashing light
source. An animated or moving sign shall not be considered a flashing sign. Such signs shall
not be deemed to include time and temperature signs.
FLOOD OR FLOODING means a general and temporary condition of partial or
complete inundation of normally dry land areas from:
(a) The overflow of inland or tidal waters.
(b) The unusual and rapid accumulation or runoff of surface waters from any source.
FLOOD HAZARD AREA means land in the flood plain within a community which is
subject to a one percent(11/o)or greater chance of flooding in any given year. Also defined as
the one hundred(100)year storm event or Base Flood.
FLOOD INSURANCE RATE MAP (FIRM) means an official map on which the
Federal Emergency Management Agency has delineated both the areas of special flood hazard
and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY means a Federal Emergency Management Agency
(FEMA)report containing flood profiles,flood boundary maps and the water surface elevation of
the base flood.
FLOODWAY means the channel of a river or other watercourse and the adjacent land
areas that must be reserved in order to discharge the base flood without cumulatively increasing
the water surface elevation more than 1 foot.
FLOOD PLAIN means boundaries of the special flood hazard area indicating a flood
having one percent (I%) chance of occurrence in any given year as indicated on the Federal
Insurance Rate Map(FIRM)Flood Hazard Boundary Map. Flood plain can also be defined as or
include a ten(10)year,twenty-five(25)year or one hundred(100)year storm event.
FLOOR means the top surface of an enclosed area in a building, i.e., top of slab in
concrete slab construction or top of wood flooring in wood frame construction, but does not
include the floor of a garage used solely for parking vehicles.
FLOOR AREA means the sum of the gross horizontal area of the several floors of a
building,except that in structures used as a residence, cellar, basement,garage,carport, patio,
porch and attic floor area not devoted to living use shall be excluded. All dimensions shall be
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measured between exterior faces of walls or the center line of the wall separating two attached
buildings.
FLOOR AREA RATIO (FAR) means the gross floor area of a building or structure
divided by the gross area of the parcel.
FOWL means any guineas,peafowl,pigeons,pheasants or poultry or similar wild birds.
FRONTAGE see"Lot Frontage."
F.S.means the most current version of the Florida Statutes.
FUTURE LAND USE MAP (FLUM) means a graphic representation of the land use
categories adopted as part of the Edgewater Comprehensive Plan. The Future Land Use Map
may also be referred to as the"Land Use Map"or"Future Land Use Map Series."
GARAGE means an accessory building incidental to a dwelling unit which is intended
for the off-street storage of motor vehicles belonging to the inhabitants of the dwelling unit on
the parcel on which the garage is located; and is not intended to be used for any commercial
business purpose.
GRADE means the slope of a road,street,unimproved land,or any other land improved,
altered or changed;specified in percent.
GROUND SIGN mean a sign that is anchored to,and not elevated above,the ground and
maintains essentially the same contour from the ground to the top of the sign.
GUEST COTTAGE means living quarters within a detached accessory building located
on the same lot or parcel as the main building to be used exclusively for housing members of the
family occupying the main building and/or their nonpaying guests; such quarters shall have no
kitchen facilities and shall not be rented or otherwise used as a separate dwelling.
GUYED TOWER means a communication tower that is supported,in whole or in part,
by guy wires and ground anchors.
HAZARDOUS MATERIALS means any substance or material,solution,mixture,or a
formulation containing such materials and includes any material which due to its chemical
composition poses an unreasonable and eminent risk to the life, health, safety or welfare of
persons,property or environment.Materials deemed hazardous are as specified in the following:
(a) Chapter 38F41 of the Florida Administrative Code
(b) Title 40 of the Code of Federal Regulations,Part 261
(c) Title 40 of the Code of Federal Regulations,Part 302.4
(d) Title 40 of the Code of Federal Regulations,Part 355
HEALTH/EXERCISE CLUB means an establishment which provides for athletic and
physical force training or health and recreational exercise whether private or public.
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HIGHEST ADJACENT GRADE means the highest elevation of the ground surface,
prior to construction,next to the proposed walls of a structure.
HISTORIC DISTRICT means a geographically definable area, urban or rural,
possessing a significant concentration, linkage, or continuity of sites, buildings, structures,
objects or areas,which are united by past events. A district also may be comprised of individual
resources which are separated geographically but are linked by association or history.
HOME OCCUPATION means a commercial enterprise within a residence for the
purpose of sending and receiving communication,maintaining records and similar functions;and
where no business is conducted other than by phone,mail or electronically;and employing no
persons other than members of the immediate family residing on the premises. No commercial
delivery shall be allowed.
HOSPITAL means an institution where the sick or injured are given medical or surgical
care.
HOTEL see"Motel."
ILLEGAL SIGN means a sign that does not meet the requirements of this Code and that
has not received nonconforming status.
ILLICIT CONNECTION means point source discharges to the City's MS4 or to waters
of the United States,which are not composed entirely of stormwater and are not authorized by a
permit.
ILLICIT DISCHARGE means the discharge to the City's MS4 or to waters of the
United States which is not composed entirely of stormwater,unless exempted pursuant to local,
state and/or federal permits.
ILLUMINATED SIGN shall mean any sign illuminated in any manner by an artificial
light source.
IMPERVIOUS SURFACE AREA (ISA) means the area of a lot or parcel of land
covered by any part of a building, street, parking lot, or any other structure, improvement,
facility or material,except roof overhang,which restricts natural percolation by rain water.This
includes swimming pools,all asphalt,brick or wooden surfaces and areas devoted to any outdoor
storage and/or display of materials and merchandise. Unpaved parking shall be considered
impervious surfaces.
IMPERVIOUS SURFACE RATIO (ISR) means the gross impervious surface area
divided by the gross area of the parcel.
IMPROVEMENT means any building, structure,construction, demolition,excavation,
landscaping,or any part thereof existing,built,erected,placed,made,or done on land or other
real property for its permanent benefit. Property abutting a street,waterway or utility easement
shall be considered improved.
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1 1
INFILL DEVELOPMENT means the addition of new housing or other buildings on
Scattered vacant sites or platted lots in a developed area or subdivision.
INFILTRATION means water passing through a permeable surface such that the water
is filtered before it is collected by a water conveyance facility(e.g.,under drain pipe).
INFORMATION SERVICES means the offering of a capability for generating,
acquiring, storing, transforming, processing, retrieving, utilizing, or making available
information via telecommunications,and includes electronic publishing,but does not include any
use of any such capability for the management, control, or operation of a telecommunications
system or the management of a telecommunications service.
INTEGRAL SIGN means memorial signs or tablets,including names of buildings and
date of erection when cut into any noncombustible materials mounted on the face of a building.
INTERNETISWEEPSTAKES CAFt means any business,establishment or portion of
business or establishment,which conducts giveaways through drawings by chance conducted in
connection with the sale of a consumer product or service, sweepstakes, game promotions, to
include any giveaways obtained with any "Computerized Sweepstakes Device", as defined in
this Section, and that does not otherwise violate Florida law and is located for the use or
entertainment of the public.
JUNKYARD see"Salvage Yards."
KENNEL means any place of business where dogs or cats regardless of number are kept
for sale,breeding,boarding or treatment purposes,except an animal hospital,grooming facility
or pet shop. The term"kennel'shall include any premises used for residential purposes where
five (S) or more dogs or cats four(4) months or older are kept, harbored or maintained for
monetary compensation.
LAND PLANNING AGENCY means the Planning and Zoning Board as designated
pursuant to the requirements of Chapter 163.3174,F.S.
LANDMARK in regards to Historic Preservation means a building or structure meeting
one or more of the criteria required in Article XIV of this Code. A"landmark"shall include the
location of significant archeological structures,features or of an historical event.
LANDMARK SITE in regards to Historic Preservation means the land on which a
landmark and related buildings and structures are located and the land that provides the grounds,
the premises or the settings for the landmark.
LATTICE TOWER means a telecommunication tower that is constructed without guy
wires and ground anchors.
LEVEL OF SERVICE STANDARD(LOS)means the volume of capacity per unit of
demand for certain public facilities as adopted in the Comprehensive Plan.
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110�.
LITTER means any garbage,rubbish,trash,refuse,cans,bottles,boxes,container paper,
tobacco products, tires, appliances, electronic equipment, mechanical equipment or parts,
building or construction material,tools,machinery,wood,motor vehicles or motor vehicle parts,
vessels, aircraft, farm machinery or equipment, sludge from a water treatment facility, water
treatment plant or pollution control facility;or substances in any form resulting from domestic,
industrial, commercial, mining, agriculture or governmental operations as defined in Chapter
403.413,F.S.
LIVING AREA means space in a structure in which the air is conditioned by heating
and/or air conditioning and the space is habitable and enclosed.
LOADING SPACE means a space within, or adjacent to, the main building on a lot
providing for the standing,loading or unloading of trucks.
LOCAL REGISTER in regards to Historic Preservation means a method by which to
identify and classify various sites, buildings and objects as historic and/or architecturally
significant.
LOCATION means any lot, premises,building,structure,wall or any place whatsoever
upon which a sign,structure or dwelling is located.
LOT means an area of land which abuts a street and which either complies with or is
exempt from the City's regulations,and is sufficient in size to meet the minimum area and width
requirements for its zoning classification as established in Article V of the Land Development
Code or in Article VII entitled"Non-Conforming Uses"or a subdivision or any other tract or
parcel of[and,including the airspace above or contiguous thereto,intended as a unit for transfer
of ownership or for development or both. The word"lot" includes the word"plot","tract"or
"parcel".
LOT AREA means the total horizontal area within the boundaries of a lot of record.
LOT,CORNER means either a lot bounded entirely by streets,or a lot that adjoins the
point of intersection of two or more streets and includes lots on curves.
LOT COVERAGE means that portion of the lot area expressed as a percentage,
occupied by all buildings.
LOT, FLAG means a lot or building site which has minimum required frontage on a
public or private street typically behind another lot also fronting on the same street shaped
similar to a flag.
LOT FRONTAGE means any portion of a lot which fronts upon a public or private
street.The primary front line is that frontage on which the address is given.
LOT,THROUGH (DOUBLE FRONTAGE) means any lot, not on a corner, having
both the front and rear property lines adjacent to a public street.
LOT LINE means the boundary of a lot.
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LOT LINE,FROM'means the continuous line formed by the lot frontage.
LOT LINE,REAR means any lot line,except a front or side lot line.
LOT LINE, SIDE means a continuous line which runs back from an intersection with
the lot front line,and which forms the boundary line between the lot and the adjacent parcel of
land.
LOT LINE,ZERO means a single-family dwelling unit sited on a lot contiguous to one
side lot line with no more than a 5-foot separation.
LOT OF RECORD means a lot or parcel whether or not a pari of a subdivision which
exists as shown or described on a plat or deed in the Official Records of Volusia County as of
June 17, 1974.
LOUNGE means a building or portion of a building wherein alcoholic beverages are
sold by the drink and consumed on the premises(includes the word Nightclub).
LOWEST FLOOR means the lowest floor of the lowest enclosed area (including
basement).An unfinished shed or flood-resistant enclosure which is not within a basement but
which is usable solely for parking of vehicles, building access or storage purpose, is not
considered a building's (or structure's) lowest floor, providing such enclosure is built in
compliance with applicable non-elevation design requirements of this Code.
LOW-THC CANNABIS means a plant of the genus Cannabis, the dried flowers of
which contain 0.8 percent or less of tetrahydrocannabinol and more than 10 percent of
cannabidiol weight for weight;the seeds thereof;the resin extracted from any part of such plant;
or any compound,manufacture,sale,derivative,mixture,or preparation of such plant or its seeds
or resin that is dispensed only from a dispensing organization.
MANGROVE STAND means an assemblage of mangrove trees which is mostly low
trees noted of a copious development of interlacing adventitious roots above the ground and
which contain one or more of the following species:
Black Mangrove - (Avicennia nitida)
Red Mangrove - (Rhizophora mangle)
White Mangrove - (Laguncularia racemosa)
Buttonwood - (Conocarpus erecta)
MANSARD means a sloped roof or roof-like facade architecturally comparable to a
building wall.
MANUFACTURED HOME(OR STRUCTURE)means a mobile home fabricated on
or after June 15, 1976, in an off-site manufacturing facility for installation or assembly at the
building site with each section bearing a seal certifying that it is built in compliance with the
Federal Manufactured Home Construction and Safety Standard Act.
MANUFACTURING means a premises, or portion of a premises, occupied by an
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2018-0-27 11-20
establishment primarily engaged in the making of a product, fabrication or processing of
materials,products or personal property.
MARQUEE means a permanent roof-like structure projecting beyond a building wall at
an entrance to a building or extending along and projecting beyond the building's wall that is
designed and constructed to provide protection against the weather.
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f 1
MEAN HIGH WATER means the average height of waters over a 19-year period.For
shorter periods of observation,"mean high water,"means the average height of the high waters
after corrections are applied to eliminate known variations and to reduce the result to the
equivalent of a mean 19 year value.
MEAN SEA LEVEL means the average height of the sea for all stages of the tide and is
used as a reference to establish flood plain elevations.
MECHANICAL REPAIR see"VEHICLE REPAIR."
MEDICAL CANNABIS means all parts of any plant of the genus Cannabis, whether
growing or not; the seeds thereof; the resin extracted from any part of the plant; and every
compound,manufacture,sale,derivative,mixture,or preparation of the plant or its seeds or resin
that is dispensed only from a dispensing organization for medical use by an eligible patient as
defined in Florida Statutes.
MICROWAVE means a dish antenna,or a dish-like antenna used to link communication
sites together by wireless transmission of voice or data.
MINI-WAREHOUSE means a structure,or structures in a controlled access and fenced
compound that contains varying sizes of individual climate controlled compartmentalized and
controlled access stalls or lockers without water, sewer or electric connections for the dead
storage of customers'goods or wares.
MINOR SUBDIVISION means any division or re-division of a parcel of land in single
ownership whose entire area is ten(10)acres or less,into not more than three(3)lots if all of the
following requirements are met:
(a) All resultant lots or parcels front by at least twenty feet(20) on an existing public or
private street and;
(b)The division or re-division does not involve the construction of any new street,road or
change in an existing street or road and;
(c) The division or re-division does not require the extension of municipal water or sewer or
the creation of any public improvement.
MIXED USE DEVELOPMENT means more than one(1)type of use in a single parcel
or structure.
MOBILE and LAND BASED TELECOMMUNICATION FACILITY means whip
antennas, panel antennas, microwave dishes, and receive-only satellite dishes and related
equipment for wireless transmission with low wattage transmitters not to exceed 500 watts,from
a sender to one or more receivers,such as for mobile cellular telephones and mobile radio system
facilities.
MOBILE HOME means a structure,transportable in one(l)or more sections which is
eight(8)body feet or more in width,and which is built on an integral chassis and designed to be
used as a dwelling when connected to the required utilities and includes the plumbing, heating,
air-conditioning, and electrical systems contained therein. For the purpose of this section, a
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travel trailer is not classified as a mobile home.
MOBILE HOME PARI{means a parcel or tract of land of contiguous ownership where
lots or spaces are rented or leased to accommodate more than one(1)mobile home.
MOBILE VENDOR (Mobile Dispensing Vehicle) means any vehicle mounted public
establishment that is self-propelled or oQterwise moveable from place to place, and is self-
sufficient for utilities, such as gas, water, electricity, and liquid waste disposal. Proof of
inspection by the State of Florida Department of Motor Vehicles is required.
MODEL HOME CENTER means an area comprised of one(1)or more lots containing
one (1) or more model dwellings upon which active sales or demonstration activities are
conducted regardless of the ownership status of the model dwellings or lots.
INIODULAR}IOiME means a structure constructed to the same state,local or regional
building codes as site-built homes.Other types of system-built homes include panelized wall
systems,log homes,structural insulated panels,and insulating concrete forms.A modular home
is designed to be set on a permanent foundation and is not intended to be moved once set.
\rONOPOLE TOWER means a telecommunication tower consisting of a single pole or
spire self supported by a permanent foundation, constructed without guy wires and ground
anchors.
HOTEL means a building, or group of buildings, which contains sleeping
accommodations for transient occupancy and may have individual entrances from outside the
building to serve each such sleeping unit. Motels may have one (1) or more dining rooms,
restaurants or cafes as accessory uses. For the purposes of this Code,motel and hotel shall have
the same meaning.
MOVABLE SIGN means any mobile sign or sign structure,not securely attached to the
ground or to any other structure,but does not include trailer signs as defined below.
MOVING SIGN means a sign all or part of which is in motion, including fluttering.
rotating,revolving or any other motion.
MUNICIPAL SEPARATE STORM SERER SYSTEM(AIS4)means a conveyance,
storage area or system of conveyances and storage areas(including,but not limited to,roads with
drainage systems,streets,catch basins,curbs,gutters,ditches,manmade channels,storm drains,
treatment ponds, and other structural BMPs) ov.,ned or operated by a local government that
discharges to waters of the United States or to other MS4's,that is designed solely for collecting,
treating or conveying stormwaler, and that is not part of a publicly owned treatment works
(POTW)as defined by 40 Code of the Federal Register 122.2 or any amendments thereto.
MUNICIPALITY means a duly incorporated municipality in the County.
MURAL means a work of art that is hand-nainted.hand-tiled. or dieital1v printed image_ Fonnatted:Font:Bold
on the exterior surface Ora building.A mural is not it sign and shall not constitute advertising or
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�1.
10�
I commercial messages with the brand name. product name, compativ business name or loeo,
hashtag.trademark.
NATIONAL GEODETIC VERTICAL DATUM (NGVD) means a vertical control
used as a reference for establishing varying elevations within the flood plain.
NAVD88 means the North American Vertical Datum of 1988.
NET DENSITY means the number of dwelling units per acre of land devoted to
residential uses and excludes right-of-ways,wetlands and lands below the 100-year flood plain.
NEW CONSTRUCTION means any structure for which the "start of construction"
commenced after adoption of this Article and includes any subsequent improvements to such
structure.
NGVD29 means the National Geodetic Vertical Datum of 1929.
NIGHTCLUB See"Lounge:'
NONCONFORMING BUILDING OR STRUCTURE means a structure or building
existing as of June 17, 1974 which does not conform to the property development regulations of
area,height,lot coverage,yard setbacks,lot location or other like requirements of the district in
which it is located.
NONCONFORMING LOT means an existing single lot,tract or parcel of land at the
effective date of this Code which does not conform to the property development regulations of
area,lot width,depth or both or other like requirements of the district in which it is located.
NONCONFORMING USE means any use of land,building or structure which does not
conform to all of the provisions, requirements and regulations of this Code at the time of
adoption.
NONCONFORMING SIGN means any sign that was a legal sign prior to adoption of
this Code,but which does not conform to all of the requirements of this Code.
NONRESIDENTIAL ACTIVITY means any activity occurring on any described parcel
of land,whether or not within a structure,that is not a residential activity as defined herein.
NON TRANSIENT NON-COMMUNITY WATER SYSTEM means a public water
system that is not a community water system and that regularly serves at least 25 of the same
persons over 6 months per year.
NUMBER PORTABILITY means the ability of users of telecommunications services
to retain, at the same location, existing telecommunications numbers without impairment of
quality, reliability, or convenience when switching from one telecommunications carrier to
another.
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NUISANCE means an offensive,annoying,unpleasant,or obnoxious object,odor,noise
or practice; a cause or source of annoyance, especially a continuing or repeated invasion or
disturbance of another's right, including the actual or potential emanation of any physical
characteristics of activity or use across a property line,which emanation can be perceived by or
affects a human being.
NURSING HOME means any facility which provides nursing services as defined in
Chapter 464,Florida Statutes as may be amended from time to time.
OFFICIAL MAP means the map established by the City Council as amended from time
to time showing the streets,highways and parks thereafter laid out, adopted and established by
the law and any additions resulting from the approval of subdivision plans or annexations.
OPEN SPACE means any parcel or area of land or water set aside,reserved or dedicated
for the use and enjoyment of all owners and occupants of the project. Usable common space
shall include area(s)readily accessible and generally acceptable for active or passive recreational
use. Open space shall not include required setback areas, contain structures, impervious
surfaces,or right-of--ways other than those intended for landscape or recreational purposes.
OUTSTANDING FLORIDA WATERS (OFW) means special designation by the
FDEP,for waters worthy of special protection because of their natural attributes,pursuant to the
criteria set forth in Section 17-3.441 of the Florida Administrative Code. The eastern border of
the City of Edgewater along the Intracoastal Waterway also referred to as the Mosquito Lagoon,
an aquatic preserve,is considered an OFW.
OWNER means any person, partnership, corporation or corporations, or other legal
entity having legal title to the land sought to be subdivided or developed under this Code.
PAIN CLINIC (hereinafter "pain clinics" shall include, but not be limited to, pain
clinics, pain management clinics, wellness clinics, urgent care facilities or detox centers) shall
have the same meanings and same exemptions as provided for in Florida Statutes Chapter 458
and 459 as amended from time to time,or any successor state law. Pain clinic means a privately
owned pain management clinic,facility or office which advertises in any medium for any type of
pain management services or employs a physician who is primarily engaged in the treatment of
pain by prescribing or dispensing controlled substance medications,and is required to register
with the Florida Department of Health pursuant to Florida Statutes Chapter 458 and 459 as
amended from time to time,or any successor state law.A physician is primarily engaged in the
treatment of pain by prescribing or dispensing controlled substance medications when the
majority of the patients seen are prescribed or dispensed controlled substance medications for the
treatment of chronic nonmalignant pain. Pain management clinic does not include a clinic:
(a) Licensed as a facility pursuant to Chapter 395,Florida Statutes,as may be amended from
time to time;
(b)Where the majority of the physicians who provide services in the clinic primarily provide
surgical services;
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(c) Owned by a publicly held corporation whose shares are traded on a national exchange or
on the over-the-counter market and whose total assets at the end of the corporation's most
recent fiscal quarter exceeded fifty million dollars($50,000,000.00);
(d)Affiliated with an accredited medical school at which training is provided for medical
students,residents,or fellows;
(e) That does not prescribe or dispense controlled substances for the treatment of pain;or
(f) Owned by a corporate entity exempt from federal taxation.
PANEL ANTENNA means an array of antennas designed to concentrate a radio signal
in a particular area.
PAWN SHOP means an establishment that engages,in whole or in part,in the business
of loaning money on the security of pledges of personal property,or deposits or conditional sales
of personal property,or the purchase or sale of personal property.
PENNANTS shall include the terms"ribbons"and"streamers"and shall mean pieces of
cloth, flexible plastic or other flexible material intended to attract attention because of their
bright colors and/or flapping caused by action of the wind and shall include a single pennant,
ribbon or streamer or a series of such pennants,ribbons or streamers.
100 PERCENT CLEAR ZONE means the requirement that in the event of a tower
failure,the entire height of the tower would fall completely within the boundaries of the subject
parcel.
PERMANENT CONSTRUCTION shall mean designed,constructed and intended to be
used for more than 180 days,but does not include land preparation,such as clearing,grading and
filling.
PERMANENT STRUCTURE means a building designed, and constructed from the
ground up,meeting all building code and fire protection standards and intended to be used for
more than 180 days,but does not include land preparation,such as clearing,grading,and filling.
PERSON means any individual,firm,association,organization,whether social, fraternal
of business,partnership,joint venture,trust company,corporation,receiver,syndicate, business
trust,or other group or combination acting as a unit,including any government.
PERSONAL SERVICES means a use primarily engaged to provide services involving
the care of a person's appearance or apparel.
PLACE OF WORSHIP means a premises, or portion of, occupied by a religious
organization operated primarily for worship and related activities;may also be called a church,
temple, synagogue or other names appropriate to the worship and related activities. The term
worship does not include day care facilities or educational facilities.
PLANNED UNIT DEVELOPMENT(PUD)means a land area under unified control,
designed and planned to be developed for residential, commercial or industrial uses in an
approved Final Development Plan.
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PLAT means a map or delineated representation of the subdivision of lands, being a
complete exact representation of the subdivision and other information in compliance with the
requirements of all applicable sections of this Code and any other local or state legislation
including Chapter 177, F.S. and may include the terms"mplat", "amended plat," or "revised
plat."
POLE SIGN means a sign attached to, and elevated above,the ground by means of a
pole or poles.
POLITICAL SIGN OR CAMPAIGN SIGN means a sign relating to any person,
political party or matter subject to a public election.
PORTABLE SIGN means a sign that is mounted on a trailer or other chassis and is
capable of being moved as an entire unit.
POTABLE WATER means water that is satisfactory for drinking,culinary and domestic
purposes meeting current State and Federal drinking water standards.
POTABLE WATER SUPPLY WELL means water supply well which has been
permitted for consumptive use by the SJRWMD.
PREMISES means a parcel of land with its appurtenances and buildings which because
of its unity of use may be regarded as the smallest conveyable unit of real estate.
PRIMARY CONTAINMENT means the first level of product-tight containment, i.e.,
the inside portion of that container which comes into immediate contact on its inner surface with
the hazardous substance being contained.
PROJECTING SIGN means any sign other than a wall sign affixed to any building or
wall whose leading edge extends beyond such building or wall.
PUBLIC BODY means any governmental agency of the City,Volusia County,the State
of Florida or the United States.
REAL ESTATE SIGN means any sign that is used to offer for sale, lease or rent the
property upon which the sign is placed.
RECHARGE AREA means a recharge area designated by the SJRWMD for the
surficial aquifer in the City of Edgewater.
RECLAIMED WATER means treated wastewater effluent that has received at least
advanced secondary treatment and high-level disinfection.
RECREATIONAL VEHICLE means a vehicle designed as temporary living quarters
for recreational camping or travel use,which either has its own motor power or is mounted on,or
drawn by,another vehicle. The term recreational vehicle excludes park trailers,automotive vans
and mobile homes,but includes travel trailers,camping trailers,truck campers and motor homes
as defined by Chapter 320.01,F.S.
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REPEAT VIOLATION means a violation of a provision of a code or ordinance by a
person who has been previously found through the Code Compliance Board to have violated or
who has admitted violating the same provision within five years prior to the violation,
notwithstanding the violations which occurred at different locations.
RESIDENTIAL ACTIVITY means any structure, or portion thereof, that is used for
residential purposes,including those customary and accessory residential activities.
RESTAURANT means where meals are prepared, and food, including beverages and
confections,is served to customers,with the food and nonalcoholic beverage sales amounting to
at least fifty-one percent(511/6)of the total food sales.
RE-SUBDIVIDE means the making of a new subdivision and/or replatting of previously
subdivided and/or platted parcels.
REUSE means the deliberate application of reclaimed water,in compliance with Florida
Department of Environmental Protection and the St.Johns River Water Management District
rules,for a beneficial purpose.
RIGHT-OF-WAY means land dedicated,deeded,used or to be used for a street, alley,
walkway,boulevard,drainage facility,access for ingress and egress,utilities or other purpose by
the public,certain designated individuals,or governing bodies.
ROADWAYISTREETS means public or private roads falling into one of several
categories,more particularly defined as follows:
Expressway means a limited access facility of four (A) or more lanes designed
primarily for the high-speed movement of traffic.
Arterial means a facility of two(2)or more lanes designed primarily to serve as a
major access route to expressways and/or as a connector of subregions, inter-
county and inter-city vehicular movement. The main function is to move large
volumes of vehicles(greater than 6,000 Average Daily Trips(ADT's).
Collector means roads of two (2) or more lanes designed primarily for traffic
movement within and between residential neighborhoods, commercial and
industrial areas and all other roads.
Cul-de-sac means a minor street with only one(1)outlet terminating at one(1)
end with a circular turn around.
Local means road facilities designed primarily to provide direct access to abutting
property. Average daily trips are normally less than 1000 vehicles.
Marginal Access means roads which are parallel to, and adjacent to arterial
streets and highways and which provide access to abutting properties and
protection from through traffic.
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Private means any street that has not been dedicated for public use.
Public means any street designed to serve more than one (1) property owner
which is dedicated to the public use and accepted for ownership and maintenance
by the City Council or other regulatory public body,includes any street right-of-
way dedicated to the public prior to,or at the time of,adoption of this Code.
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ROOF LINE means the top edge of the roof or the top of a parapet;whichever forms the
top line of the building silhouette.
ROOF SIGN means any sign erected or constructed wholly upon and over the roof of
any building and supported solely on the roof structure.
SALVAGE YARD means a location used for collection,storage and/or abandonment of
discarded or waste materials.
SCHOOL means any public or private elementary school,middle school or secondary
school.
SCREEN ENCLOSURE means an addition to an existing structure that is attached to
the principal structure and is enclosed with screen and has a roof and three(3)sides.
SEASONAL HIGH WATER LEVEL(SHWL)means the elevation to which ground
or surface water can be expected to rise during a normal wet season.
SEASONAL HIGH GROUND WATER TABLE(SHGWT)means the zone of water
saturated soil at the highest average depth during the wettest season of the year.
SECONDARY CONTAINMENT means the level of product containment separate
from the primary containment.
SELF-SUPPORT TOWER means a communication tower that is constricted without
guy wires and ground anchors.
SEMI-TRAILER see"Vehicle-Commercial."
SERVICE STATION means an establishment that is used primarily for the retail sale
and direct delivery to motor vehicles of motor fuel and lubricants, as well as lubrication,
washing,repairs and installation of automobile parts and accessories.
SETBACK(OR SETBACK LINE)means a line determined by measurement,parallel
to a lot line, creating an area between the lot line and the setback line in which all structures
(unless otherwise permitted)may not be erected.
SHOPPING CENTER means a group of commercial establishments planned,
developed,owned and managed as a unit, with off-street parking provided on a site of at least
one(1)acre and related in its location,size and type of shops to the trade area which the unit
serves.
SHRUBS AND HEDGES means that shrubs and hedges shall be self-supporting woody
evergreen species and shall be a minimum of two(2')foot in height,immediately after planting_
Plants shall be spaced no more than three(3')feet apart measured from center to center.
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SIGN means any device, structure, fixture, or placard using graphics, identifiable
corporate, or business symbols, and/or written copy for the primary purpose of identifying,
providing directions,or advertising any establishment,product,goods or service.
SILVICULTURE means the cultivation and harvesting of forest products for sale and
which has an agricultural exemption from the State.
SINGLE OR SOLE SOURCE AQUIFER means the portion of the Florida Aquifer
underlying most of Volusia County as designated pursuant to the requirements of Chapter 17-
520,F.A.C.
SITE IMPROVEMENT means any man-made alteration to a parcel of land for the
purpose of preparing the land for future construction, the actual construction/renovation of
structure or paving of a surface and/or the planting or installation of permanent landscaping.
SITE PLAN means an illustration of the details of development of areas such as
commercial, industrial,recreational,multi-family,residential and other uses not reflected on the
plat.
SJRWMD means the St. Johns River Water Management District, a state agency
designated by Chapter 373,F.S.with broad authority to manage the waters of the State.
SNIPE SIGN means any sign of any material whatsoever that is attached in any way to a
utility pole,tree or any object located or situated on public or private property.
SPECIMEN TREE means any tree that is unique by reason of age,size,rarity,or status
as a landmark as determined by an arborist or botanist and includes the following species of trees
with the minimum specified diameter in inches at breast height:
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Common Name Botanical Name Inches BH
Elm Ulmus spe. 12 lus
Hickory Carya spp. 12 lus
Loblolly Bay Gordonia lasianthus 12 plus
Magnolia Magnolia grandiflora 12 plus
Maple Acer spp. 12 plus
Other Oak Species Quercus spp. 12 plus
Red Ba Persea borbonia 12 plus
Red Cedar Juniperus silicicola 12 plus
Swamp Bay Persea palustris 12 plus
Sweet Bay Magnolia vii iniana 12 plus
Sweet Gum Li uidambar styraciflua 12 plus
Sycamore Plalanus occidentalis 12 plus
Turkey Oak Quercus laevis 12 plus
Cypress Taxodium spp. 12 Plus
Sugarberry/Hackberry Celtis laevigata 12 Plus
Slash Pine Pinus Elliotti 18 Plus
Longleaf Pine Pinus Palustris 18 Plus
SPILL means the release or escape of a hazardous substance, directly or indirectly to
soils,surface waters,or groundwater.
START OF CONSTRUCTION (except for construction, or substantial improvement
under the Coastal Bander Resources Act, PL97-348) means the date the building permit was
issued and includes the first placement of permanent construction of a structure (including a
manufactured or modular building) on a site or plot, such as the pouring of slabs or footings,
installation of piles, construction of columns or any work beyond the stage of excavation.
Permanent construction does not include land preparation,such as clearing,grading and filling.
STEALTH FACILITY means any telecommunications facility which is designed to
blend into the surrounding environment. Examples of stealth facilities include architecturally
screened roof-mount antennas, antennas integrated into architectural elements, and
telecommunications towers designed to look like light poles,power poles or trees.
STORAGE BUILDING means any structure used to shelter and/or protect equipment,
supplies,chemicals,goods,furniture and the like for use by the principal occupant of the site.
STORAGE, OUTDOOR means the safekeeping of any goods, products,equipment or
vehicles which are customarily incidental to the principal use,in an uncovered outdoor space and
which is screened from view by the general public and neighboring properties.
STORAGE SYSTEM means any one or combination of tanks,sumps,wet floors,waste
treatment facilities, pipes, vaults, or other portable or fixed containers used, or designed to be
CITY OF EDOEWATER LAND DEVELOPMENT CODE
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used,for the storage of hazardous substances at a facility.
STORY means that part of a building between the surface of a floor and the surface of
the floor next above it,or if there is no floor above it then the space between the floor and the
ceiling above it. For the purposes of this Code the minimum elevation change between a story
shall be ten(10')feet.Any less dimension shall be considered a half-story.
STRUCTURAL ALTERATIONS means any change,except for repair or replacement,
in the supporting members of a building,such as bearing walls,columns,beams or girders,floor
joists or roof joists or any substantial change in the roof or in the exterior walls of a building.
STRUCTURE means anything constructed, installed, or portable, which requires a
location on a parcel of land. It includes a moveable structure while it is located on land which
can be used for housing, business, commercial or industrial purposes whether temporary or
permanent.Structure shall include,but not be limited to walls,billboards,swimming pools and
decks,communication towers,on-site signs,tents,porches,fences,privacy screens,docks,arbor,
gazebos,canopies/temporary carports,sheds and similar structures. Structure shall not include,
pipes,pump stations and any other construction below ground level.
SUBDIVIDER means any person, firm, partnership, association,corporation,estate or
trust or any other group or combination acting as a unit,dividing or proposing to divide land so
as to constitute a subdivision as herein described. sem►
SUBDIVISION means the platting of real property into three(3)or more lots, parcels, , 1
tracts,tiers,blocks,sites,units or any other division of land,and includes establishment of new
streets and alleys, additions, and resubdivision and when appropriate to the context,relates to
the process of subdividing or to the land or area subdivided.(See Chapter 177.031(18),F.S.)
SUBDIVISION PLAT, PRELIMINARY means a drawing to scale and other
supporting data,of a proposed subdivision prepared for the purposes of establishing the overall
general layout and design for the provision of streets, lots, blocks and the location, plans and
specifications for streets,utilities and other improvements.
SUBDIVISION SIGN means a sign designed as a permanent structure containing only
the name of a subdivision,and not used for promotional purposes.
SUBDIVISION SKETCH PLAN mean a drawing, not necessarily to scale, which
shows a conceptual layout of the proposed subdivision.
SUBSTANTIAL DAMAGE See current Florida Building Code.
SUBSTANTIAL IMPROVEMENT See current Florida Building Code.
SURVEYOR means a land surveyor duly registered in the State of Florida.
SWALE means a man-made trench or channel approximately 1-foot deep or less and
having side slopes equal to or greater than 4-foot horizontal to 1-foot vertical.
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2018-0-27 11-33
/°61'\
SWIMMING POOL means 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.
SWIMMING POOL, COMMERCIAL means a swimming pool and attendant
equipment operated for profit or nonprofit open to the public and/or serving more than one
family.
TATTOO PARLOR/BODY- PIERCING STUDIO means an establishment whose
principal business activity,either in terms of operation or as held out to the public,is the practice
of one or more of the following:
(a) The placing of designs,letters,figures,symbols or other marks upon or under the
skin of any person, using ink or other substances which result in the permanent
coloration of the skin by means of the use of needles or other instruments
designed to contact or puncture the skin.
(b) The creation of an opening in the body of a person for the purpose of inserting
jewelry or other decoration. This term does not include a permanent makeup
�-� establishment.
TELECOMMUNICATIONS means the transmission, between or among points
specified by the user, of information of the user's choosing, without change in the form or
content.
TELECOMMUNICATION CARRIER means any provider of telecommunications
services,except that such term does not include aggregators of telecommunications services.A
telecommunications carrier shall be treated as a common carrier only to the extent that it is
engaged in providing telecommunications services,except that the FCC shall determine whether
the provision of fixed and mobile satellite services shall be treated as common carriage.
TELECOMMUNICATIONS EQUIPMENT means equipment, other than customer
premises equipment, used by a carrier to provide telecommunications services, and includes
software integral to such equipment(including upgrades).
TELECOMMUNICATION SERVICES means the offering of telecommunications for
a fee directly to the public,or to such classes of users as to be effectively available directly to the
public,regardless of the facilities used.
TEMPORARY SIGN means any sign or advertising display intended for use for a
period of time not to exceed twenty-four(24)days and designed and constructed in accordance
with this intention.
TRAILER means any non self-propelled wheeled vehicle licensed by the State of
Florida as a trailer, not otherwise regulated herein as "Commercial', "Watercraft" or
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2018-0-27 11.34
"Recreational".
TRAILER SIGN means any sign mounted on a vehicle normally licensed by the State of
Florida as a trailer.
TRAVELING LIGHTS SIGN means any sign that includes a series of lights, or
lighting device that appears to move or travel in automatic sequence on the display surface of the
sign.
TREE means any living,self-supporting perennial plant which has a trunk diameter of at
least six inches(6")at D.B.H.
TREE SURVEY means a drawing prepared by a licensed Surveyor or Arborist in a
readable scale for the site's size that provides the location,and common name for each tree equal
to or greater than the defined DBH per each specimen and historic tree.The survey shall include
a numbered list of the identified trees.
TRIP means a single or one-way vehicle movement.
TRIP END means the origin or destination of a trip.
TRIP GENERATION means the total number of trip ends produced by a specific land
use or activity.
UNLICENSED WIRELESS SERVICES means the offering of telecommunications
services using duly authorized devices which do not require individual licenses;direct-to-home
satellite services are excluded from this definition.
USE means the purpose for which land or a structure thereon is designed, arranged or
intended to be occupied or utilized,or for which it is occupied or maintained.
Use,Permitted- means a use which is permitted in a particular zoning
district providing it conforms with all requirements,
regulations and standards of such district.
Use,Principal- means the primary purpose for which the land or building
used as permitted by the applicable zoning district.
UTILITIES means,but is not limited to: water systems,electrical power,sanitary sewer
systems,stormwater management systems,gas systems,communication systems,telephone and
television cable systems,and street lighting.
UTILITY SHED means a building either constructed on site or pre-manufactured,
containing 124 square feet or less.
UTILITY SERVICE FACILITIES means elements of utility distribution,collection or
transmission networks required by their nature to be relatively dispersed throughout the service
area. Typical facilities include, but are not limited to, electrical substations and telephone
CITY OF EDGEWATER LAND DEVELOPMENT CODE
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exchange structures.
VARIANCE means a modification of the strict application of site development
requirements related to yard setbacks, building height, parking requirements, landscaping,
drainage,and/or signage.
VEHICLE means any self-propelled conveyance designed and used for the purpose of
transporting or moving persons,animals, freight,merchandise or any substance.
VEHICLE,ABANDONED means a vehicle that has no appearance of use for 60 days
or more. Indication of an abandoned vehicle may include: no maintenance, no cover or
screening,grass and weeds growing under and around vehicle and/or flat tires.
VEHICLE,COMMERCIAL means any vehicle,concession wagon,semi-trailer cab,or
trailer with a rated capacity of more than one ton, and/or has more than two(2) axels, is over
twenty-four(24)feet long,is intended or used for the transportation of people or goods as part of
a business;and/or is either commercially or privately registered. Commercial vehicle shall not
include rental vehicles designed for temporary personal use.
VEHICLE,LICENSED means any vehicle which is currently licensed by the State of
Florida
VEHICLE,MARINE means any vehicle designed for and used on any water body.
VEHICLE PAINT AND BODY SHOP See"Automotive Paint and Body Shop."
VEHICLE ACCESSORY INSTALLATION means the following:
(a) Vehicle tune-up shops.
(b) Installation, repair or services of vehicle glass, sun roofs, convertible tops,
interiors,tinting,audio equipment,alarms and similar items.
(c) Installation,repair or servicing of vehicle brakes,shock absorbers,radiators or air
conditioning devices.
(d) Installation,repair or servicing of vehicle electrical or ignition systems.
(e) Washing,waxing,accenting and similar activities commonly known as detailing.
VEHICLE REPAIR means all maintenance of and modification and repairs to motor
vehicles, and diagnostic work incident thereto, including, but not limited to, the rebuilding or
restoring of rebuilt vehicles, warranty work, and other work customarily undertaken by motor
vehicle repair shops.
VESTED RIGHTS, COMMON LAW means a right not created by statute or the
provisions of the City of Edgewater Comprehensive Plan which would authorize the
development of real property or the continued development of real property notwithstanding the
provisions of the City of Edgewater Comprehensive Plan.The assignment of a particular zoning
classification,or a particular land use designation to a parcel of real property does not guarantee
or vest any specific development rights to any person or entity as to said real property.
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VESTED RIGHTS,STATUTORI'See Section 21.07.
VIOLATION means non-conformance with a code or ordinance, intentionally or
unintentionally.
WALL SIGN means any sign painted on,or attached essentially parallel to,the outside
wall of any building and supported by such wall with no copy on the sides or edges.
WAREHOUSE means a structure that stores goods and/or merchandise for use off-site.
WATERS means and shall include but not be limited to rivers, lakes,streams, springs,
impoundments and all other waters or bodies of water whether surface or subsurface and whether
navigable or non-navigable. The term shall encompass all bottom lands lying below the mean
high water mark,whether said bottom lands are submerged or not.
WATERS OF THE UNITED STATES means surface and ground waters as defined by
40 Code of the Federal Register 122.2.
WATERCRAFT means any vehicle designed for use in water.
WATERWAY means a channel, creek, ditch, drainage way, dry run, spring, stream,
river and canal;but not a lake,pond or pool without a water outlet.
WELL means any excavation that is drilled,cored,bored,washed,driven,dug,jetted,or
otherwise constructed when the intended use of such excavation is for the location, acquisition,
development,or artificial recharge of groundwater.
WELLFIELD means an area of land that contains one or more potable water supply
wells.
WELLHEAD PROTECTION AREA means an area designated by the City,upon the
advice of the SJRWMD,to provide land use protection for the groundwater source for a potable
water wellfield,including the surface and subsurface area surrounding the wellfietd.
WELLFIELD PROTECTION ZONE-PRIMARY means the land area immediately
surrounding any potable water supply well and extending a radial distance of five hundred feet
(500)from said well(s).
WELLFIELD PROTECTION ZONE-SECONDARY means the land area,adjacent
and surrounding the primary wellfieId protection zone extending and defined by a radial distance
of one thousand feet(1,000')from the well(s).
WELLFIELD PROTECTION ZONE PERMIT means that permit issued by the city
authorizing the activities.
WET BOTTOM means any water retention,detention,or conveyance facility which
cannot evacuate its water level(naturally or artificially)below its design bottom within seventy-
CITY OF EDGEWATER LAND DEVELOPMENT CODE
2018-0-27 11-37
(1001\
l�1
two 72 hours of its design storm event or those tidally influenced facilities that contain water
above their bottom more than twelve(12)hours a day.
WETLANDS means those areas that are inundated or saturated by surface water or
ground water at a frequency and a duration sufficient to support,and under normal circumstances
do support,a prevalence of vegetation typically adapted for life in saturated soils. Soils present
in wetlands generally are classified as hydric or alluvial, or possess characteristics that are
associated with reducing soil conditions. The prevalent vegetation in wetlands generally consists
of facultative or obligate hydrophytic macrophytes that are typically adapted to areas having soil
conditions described above. These species,due to morphological,physiological,or reproductive
adaptations,have the ability to grow,reproduce or persist in aquatic environments or anaerobic
soil conditions. Florida wetlands generally include, but are not limited to, swamps, marshes,
bayheads, bogs,cypress domes and strands,sloughs,wet prairies,riverine swamps and marshes,
hydric seepage slopes, tidal marshes, mangrove swamps and other similar areas. Florida
wetlands generally do not include longleaf or slash pine flatwoods with an under story dominated
by saw palmetto. The delineation of actual wetland boundaries may be made by any
professionally accepted methodology consistent with the type of wetlands being delineated but
shall be consistent with any unified statewide methodology for the delineation of the extent of
wetlands ratified by the Legislature.
WETLAND BOUNDARY means the location on the ground where:
(a) The vegetation type shifts from dominantly wetland types to dominantly upland
species;or
(b) The soil type shifts from dominantly wetland types to dominantly upland types;or
(c) Flooding,inundation,or saturated soil indicators are no longer present.
WETLAND BUFFER means the twenty-five feet (25') upland areas adjacent to
wetlands that protect the wetlands and consists of the existing canopy, under story, and
groundcover.
WETLAND MITIGATION means any action to restore and/or create wetlands in
compensation for permitted development activities.
WHIP ANTENNA means a cylindrical antenna that transmits signals in three hundred
and sixty(360)degrees.
WINDOW SIGN means any sign on a window facing the outside and which is intended
to be seen from the exterior.
WRECKER/TOW TRUCK means a motor vehicle equipped with hoisting apparatus or
other equipment designed for the towing or servicing of wrecked, disabled or inoperable
automobiles,trucks,motor vehicles or industrial equipment.
XERISCAPE means a landscaping method that maximizes the conservation of water by
the use of site-appropriate plants and an efficient watering system. The principles of xeriscape
include planning and design, appropriate choice of plants, soil analysis, the use of solid waste
compost, efficient irrigation, practical use of turf, appropriate use of mulches, and proper
CITY OF EDGEWATER LAND DEVELOPMENT CODE
2018-0-27 II-38
maintenance.
YARD means a required open space clear from the ground surface upward,unoccupied
and unobstructed by any structure except for fences, walls, trees, and other living landscape
material as provided herein.
CITY OF EDGEWATER LAND DEVELOPMENT CODE
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f 1
ARTICLE III
PERMITTED,CONDITIONAL,ACCESSORY AND PROHIBITED USES
SECTION 21-30—GENERAL PROVISIGNS.»»..»..»»»..»»»»»»...»»..»....»»....»..........III-l4-
21-30.01—Purpose........................................................................».....».............................111-14•
21-30.02—District Boundaries............................................................................................111--14-
21-30.03
II-l+21-30.03—Application of Districts.......................................................................................111-2
21-30.04—Official Zoning Map.....................»»...................................................................111-2
21-30.05—Comprehensive Plan Consistency.....................................................................111-33
I SECTION 21-31—COMPREHENSIVE PLAN RELATIONSHIP-----------------HI-33
21-31-Table III-1...............................................................................................................III-44
SECTION 21-32—ZONING DISTRICT DESCRIPTIONS».......................»»»..»»»»»»Ill-44
21-32.01—Zoning District Descriptions.............................................................................III-44
21-32.01—Table II12..........................................................................................................III-53
SECTION 21-33—USES AND RESTRICTIONS.»........................»...........»»........»..»..I11-66
21-33.01—Purpose..............................................................................................................III-4
21-33.02—Permitted Uses...................................................................................................III-66
21-33.03—Conditional Uses..............................................................................................III-66
21-33.04—Accessory Uses..................................................................................................111-66
21-33.05—Table II1-3..........................................................................................................III-7-7
SECTION 2134—SPECIAL USE REQUIREMENTS............»»..............»»»............II1-123
21-34.01—Home Occupations........................................................................................III-13.1.2
21-34.02—Community Residential Homes(CRH)..........................................................III-1413
21-34.03—Adult Living Facilities(ALF).......................................................................III-154-4
21-34.04—Salvage Yards................................................................................................111-1543
21-34.05—Refuse and Dumpsters...................................................................................III-1 G ti
21-34.06—Kennels.........................»...............................................................................III-164-6
21-34.07—Mini-warehouses...........................................................................................III-174-6
21-34.08—Bed&Breakfasts...........................................................................................1I1-184-7
21-34.09—Nursing Homes..............................................................................................111-1&13
21-34.10—Residential Professional Offices....................................................................III-184-7
I SECTION 2135—PROHIB[TED USES
.•••.•.•......•••.»»»»».••.»»»»....••••.•.•...................1[I-194.8
21-35.01—Alcoholic Beverages.. .111-194-8
SECTION 21-36—ACCESSORY USE REQUIREMENTS...........»».....»».................III-1948
21-36.01—Purpose..........................................................................................................111-1945
21-36.02—General Regulations......................................................................................III-1944;
21-36.03—Outdoor Storage and Display:Commercial/Industrial..................................III-204-9
21-36.04—Satellite Dishes and Antennas.......................................................................III-2124
21-36.05—Places of Worship—Schools/Child Care.......................................................III-2224
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2018-0-28 111-i
21-36.06-Boathouses.....................................................................................................III-2224
21-36.07-Boat Docks and Slips.....................................................................................III-2322
21-36.08-Canopies/Temporary Carports and Tents.....................................................III-2322
21-36.09-Swimming Pools...........................................................................................111-2423
SECTION 21-37-SPECIAL ACTI VITV/PERMIT REQUIREMENTS.-__.....II1-2724
21-37.01-Purpose/Scope...............................................................................................I1111-2726
21-37.02-Dertnitions.....................................................................................................111-2726
21-37.03-Special Activity Permit Requirements.........................................................111-282
21-37.04-Special Activity Permit Application Process................................................111-2824
21-37.05-Special Activity Permit Criteria...................................................................111-2928
21-37.06-Temporary Structures....................................................................................I11-2928
21-37.07-Inspections to Ensure Compliance...............................................................111-2929
21-37.08-Penalties.........................................................................................................I11-3029
21-37.09-Exceptions.....................................................................................................III-2029
SECTION 21-38-FENCES,WALLS and HEDGES...»»»»....................................II1-3021
21-38.01-Purpose..........................................................................................................[[[-3029
21-38.02-General Requirements...................................................................................111-3039
21-38.03-Site Triangle Requirements...........................................................................111-313-b
SECTION 21-39-PAIN CLINICS.....................»»»»»»»»»»»».................................».111-3232
21-39.01-Purpose..........................................................................................................III-323
21-39.02-General Requirements...................................................................................111-333-3
CITY OF EDGEWATER LAND DEVELOPMENT CODE
2018-0.28 III-ii
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
f 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;
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;
CITY OF EDGEWATER LAND DEVELOPMENT CODE
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f
1�
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 fine 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 Oficial 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
2l,of the Code of Ordinances."
b. No changes shall be made in the Official Zoning Map except as provided herein in Article IX.
Any unauthorized change of any kind by any person,or persons,shall be considered a violation
of this Article and be subject to the applicable enforcement provisions described in Article X.
c. Regardless of the existence of copies of the Official Zoning Map which may from time to time
be made or published,the Official Zoning Map shall be maintained in the official records of
the City.
d. In the event that the Official Zoning Map becomes damaged,destroyed,lost,or difficult to
interpret because of the nature of number of changes and additions,the City Council shall
adopt a new Official Zoning Map.
CITY OF EDGEWATER LAND DEVELOPNWNT CODE
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/0414'\
21-30.05—Comprehensive Plan Consistency
The regulations contained herein are consistent with and implement the Comprehensive Plan
policies contained in the Future Land Use Element, Housing Element, Coastal Element and
Conservation Element.
SECTION 21-31—COMPREHENSIVE PLAN RELATIONSHIP
Table II1-1 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 111-4)
(08k'N
CITY OF EDGEWATER LAND DEVELOPMENT CODE
2018-0-28 III-3
/001\
TABLE III-I
LAND USE AND ZONING COMPATIBILITY
Future Land Use Designation Compatible Zoning Districts
Low Density Transition RT,MUPUD
1.0 DU/net acre
Low Density Residential R-1,R-2,R-3,RPUD,RP,RT,MUPUD
1.0 to 4.0 DU/net acre
Medium Density Residential R-3,R4,RPUD,MH-1,MH-2,MUPUD
4.1 to 8.0 DU/net acre
High Density Residential R-5,RPUD,MUPUD
8.1 to 12.0 DU/net acre
Commercial B-2,B-3,B4,BPUD,MUPUD
Industrial 1-1,1-2,IPUD,MUPUD
Recreation CN,RT,AG,R-1,R-2,R-3,R4,R-S,
RPUD,RP,MH-1,MH-2,B-2,B-3,B4,
BPUD,1-1,I.2,IPUD,P/SP,R,EC,CC,
MUPUD �►�
Public/Semi-Public CN,AG,P/SP,R,MUPUD
Conservation CN,P/SP,R
Agriculture AG,R.MUPUD
Minimum 1 DU/2.5 net acre
Mixed Use RPUD,BPUD,IPUD,MUPUD,EC,CC
Minimum 15 acres;to 12 DU/net acre
Sustainable Community Development SCD/PUD
See SCD Sub-Element of the City of
Edgewater Comprehensive Plan
DU=Dwelling Units
SECTION 21-32—ZONING DISTRICT DESCRIPTIONS
21-32.01—Zoning District Descriptions
Table III-2 summarizes the principal purpose for each zoning category. The minimum parcel sizes
are provided where applicable.
(See Page 111-5)
CITY OF EDGEWATER LAND DEVELOPMENT CODE
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TABLE III-2
ZONING DISTRICT DESCRIPTIONS
Zoning District T tle Category Pu ase and General Descri tlon
Conservation CN Protection ol'wetlands,a4uifer recharge dr environmentally sensitive areas.
Rural Transitional RT Provide for limited agriculture;and provide for a transition between rural and
residential land sus-min.1 acre tot.
SF Residential R-I Single farm residential- 1.0 to 4.0 units/net acre min_1000 sq.ft.lot
SF Residential R-2 Single family midential- 1.0 to 4.0 units/rret acre min.10,000 4.ft.lot
SF Residential R-3 Single family residential- 1.0 to 4.0 units;1M acre min.8.625 lot.
MF Residential R-4 Medium density residential(4.1 to 8.0 twits/net acre)-single family,duplex.
Apartments,and townhouses.
MF Residential R-5 High density residential(8.1 to 12.0 unitsfact acre)-single family,duplex.
a araments.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 uxs.
Residential Planned Unit RPUD Intended for mixed residential,personal service and limited retail commercial
Development with a single development plan.
Residential Professional RP Intended for office professional and personal service along SRH442 and a
rezoning must be accompanied by a site plan.
Mobile Home Park MH-1 Medium density residential(5.1 to 8.0 tmits/acre).Provide for mobile home parks
-min.5 acre parcel See See.21-71 far Non-Confonnin Parks).
Manufactured Home Subdivision MH-2 Medium density residential(5.1 to 8.0 units/am). Provide for manufactured
home subdivisions-min 50 acre I.
Neighborhood Business B-2 Intended for retail goods and services for frequent residential needs-min.10,000
ft.
PubliclScmi-Public P/SP Consists of public facilities and private not-far-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 calegorv.
Highway Commercial B-3 Intended for hJ0 volume highway related commercial uses-no min.parcel size.
Tourist Cammereial B4 Intended for short tam waterfront accommodations for visitors and accessory
may include residential mixed use-min.2 acres.
Business Planned Unit BPUD Intended for mixed coatmemial and limited multifamily residential with a single
Development development plan
Light Industrial 1-1 Intended for storage,fight manufacturing,wholesaling and distribution uses and
adult entertainment-no min.parcelsize.
Htow Industrial 1-2 Intended for heavy manufacturing uses-no min.parcel.
Industrial Planted Unit IPUD Intended for mixed industrial and limited commercial with a single development
Development plan.
Agriculture AG Intended for general agdctdt=uses-min.25-acre parcel-temporary or hold
zoainst intended for future urban development
Employment Center/Commututy EC/CC Intended to allow a mix of uses to satisfy varying degrees of intensity and
Center balance the residential and non-residential needs of the Ci!y.
Mixed Use Planned Unit MUPUD Intended for innovative mixed use developments to include,but not be limited to
Develo mens commercial.fight industrial and residential.
Sustainable Community SCD/PUD See SCD Sub-Element of the City of Edgewater Comprehensive Plan.
Developmenr/Ptanned Unit
Develo mens
CITY OF EDGEWATER LAND DEVELOPMENT CODE
2018-0-28 III-5
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 111-3) 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 business tax receipts 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 I11-3) means a use that is incidental,related,
appropriate and clearly subordinate to the existing principle permitted use.
CITY OF EDGEWATER LAND DEVELOPMENT CODE
2018-0-28 111-6
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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,Article XVIII-Indian River Boulevard—S.R.442 Corridor Design Regulations and
Article XX—Ridgewood Avenue 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 21-34.08 for details.
4. See Kenncls/Boarding,Section 21-34.06 for details.
S. See Mini-Warehouses,Section 21-34.07 for details.
6. See Nursing Homes,Section 21-34.09 for details.
7. See Outdoor Storage,Section 21-34.04 and 21-36.03 for details.
8. See Community Residential Homes,Section 21-34.02 for details.
9. See Adult Living Facilities(ALF),Section 21-34.03 for details.
10.Multifamily residential is permitted in BPUD only as part of a single
business/residential development plan—See Article V,Section 21-57 for details.
11.See Salvage Yards,Section 21-34.04 for details.
12.Residential Professional offices may be pennitted as a conditional use in the R-2 district
for certain properties abutting State Road 9442. See Section 21-34.10 for details.
13.No artificial lights or recreational activity within 25 feet of the perimeter of the property
line shall be permitted adjacent to residential property.
14.Places of Worship—Schools/Child Care,see Section 21-36.05 for details.
15.Attached and detached aircraft hangars permitted in residential districts adjacent to
airport taxiways.
16.Outside application of flammable finishes and/or environmentally sensitive finishes
(spray painting)is strictly prohibited.
17.State license required.
CITY OF EDGEWATER LAND DEVELOPMENT CODE
2018-0-23 III-10
18.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.
19.Adult Entertainment is permitted in the I-1 (Light Industrial)zoning district with the
exception of properties with frontage on Park Avenue.
20. Intemet/Sweepstakes Cafds-lzawn Shops and TaRee Pafle..inedy Nerein., Studigs
are permitted in the I-1 (Light Industrial) zoning district with the exception of
properties with frontage on Park Avenue.This section shall not apply to any existing
Intemet/Sweepstakes Cafe locations,in operation and in compliance with chapter 205
and 849 Florida Statute,and b Stu, in
compliance with Florida Statute at the time of the passage of this ordinance.Such use
may be continued within the present zoning category as a nonconforming use subject
to all restrictions, limitations and requirements set forth in Article VII, Land
Development Code, and all other applicable provisions of the Code of Ordinances.
However,any change in ownership will remove said business or operation from this
exception. Change in ownership in the case of a partnership or corporation, for the
purpose of this section only, means more than fifty percent change in partners or
shareholders from the partners or shareholders owning the partnership or corporation
as of the date of passage of this ordinance.For purposes of any Intemet/Sweepstakes
Cafd deemed a non-conforming use as described above,the provisions of Article VII,
Land Development Code pertaining to expansion and relocation shall be modified to
allow the non-conforming use to continue if expanded or relocated on a one-time basis
within the present zoning category if 1) the Intemet/Sweepstakes Cafe deemed a
nonconforming use dedicated less than 25% of its square footage to
intemet/sweepstakes activity in the original location prior to the expansion or
relocation,and 2)the Intemet/Sweepstakes Cafe dedicates less than 25%of its square
footage to intemet/sweepstakes activity after the expansion or relocation.
a. No person or entity shall propose, cause or permit the operation of, or
enlargement of Intemet/Sweepstakes Cafd , Pam-n Shops and T-atiee
PadeWgedyDng 9 dies that would or will be located within, 1,000 feet
of a preexisting Internet/Sweepstakes Cafes„
within 500 feet of a preexisting commercial
establishment that in any manner sells or dispenses alcohol for on-premises
consumption,within 500 feet of a preexisting religious institution,within 500
feet of a preexisting park, or within 2,500 feet of a preexisting educational
institution.In this subsection the term"enlargement"includes,but is not limited
to,increasing the floor size of the establishment by more than ten percent.
b. In addition to the distance requirements set forth in the subsection above,
Intemet/Sweepstakes Cafes, Pawn Shaps and Tattee PaFWWRady-Piemiag
Studies shall not be allowed to open anywhere except in the 1-1 district(with
the exception of parcels having frontage on Park Avenue) where
Internet/Sweepstakes Cafes is 'rig
y'• a—an expressly permitted use.
CITY OF EDGEWATER LAND DEVELOPMENT CODE
2018-0-28 III-11
c. The aforementioned distance requirements are independent of and do not
supersede the distance requirements for alcoholic beverage establishments
which may be contained in other laws,rules,ordinances or regulations.
21.See Pain Clinics,Section 21-39 for details.
2.2.Pawn Shops and Tattoo Parlors/Body Piercing Studios are permitted by right in the 13-
3. Hiahwav Commercial zoning district and allowed by richt within the 1-1. Light
Industrial zoning district.This section shall not apply to any existing Pawn Shops and
Tattoo Parlors/Body Piercing Studios in compliance with Florida Statutes at the time
of the passage of this ordinance.Such use may be continued within the present zoning
category as a nonc:onfonuing use subject to all restrictions, limitations and
requirements set forth in Article VI1.Land Development Code,and all other applicable
rp_ovisions of the Code of Ordinances. However.anv change in ownership will require
to con1brm to the standards established herein. Change in ownership in the case of a
l�ership or corporation. for the purpose of this section only.means more than 6fly
percent chane in partners or shareholders from the partners or shareholders owning
the partnership or corporation as of the date of passage of this ordinance.The following
standards must be met in order for a Pawn Shoo or Tattoo ParlorfBodv Piercine Studio
to operate in the B-3.Highwav Commercial zoning district:
a. No Pawn Shop or Tattoo Parlors/Bodv Piercing Studios shall be located within
250 feet ora preexisting commercial establishment that in anv manner sells or
dispenses alcohol for on-premises consumption.within 250 feet of a preexisti ng
religious institution.within 500 feet of a preexisting public park.or%yithin 1.000
feet of an educational institution.
b. No Tattoo Parlors/Body Piercing Studios shall operate between the hours of
9:00pm and 8:00am.No Pawn Shop shall operate between the hours of 12:00
am and 6:00 ant.
c. No part of the interior of the Pawn Shop or Tattoo Parlor/Body Piercing Studio __- Formatted:Font..nmes New Roman,12 pt
shall be visible from any pedestrian side%valk.walkway,street.or other public -- Formatted:rant.nines New Roman,12 pt
orsenti-public area----------------- ---- --------- -_ For,natted:Fontcolor:Auto
21-d. No more than one Tattoo ParlorlBodv Piercing Studios or Pawn Shop may---" Fonmatted:Indent:Left: 1•
be located within 500 feel of another Tattoo ParlorBodv Piercine Studios or
Pawn Shop.
SECTION 2134—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.
CITY OF EDGEWATER LAND DEVELOPMENT CODE
2018-0-28 111-12
211-34.01—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 Business Tax Receipt is designed to allow for office
type uses within a residence. No home business tax receipt 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.
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 the City of Edgewater Code of Ordinances,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 the business tax receipt 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 he limited to$500 in total inventory.
i. All home occupations shall be required to obtain a home business tax receipt 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 business tax receipt 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.
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I. An applicant may appeal the denial of an application to the City Council pursuant to the
requirements of the Land Development Code.
in. No home business tax receipt 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 permitting a Home Occupation on their property,provided
the use is permitted by the City.
2I-34.02—Community Residential Homes(CRH)
The purpose of this Section is to establish criteria for the placement of Community Residential
Homes.
a. All facilities shall comply with the minimum parcel area and dimensional requirements of the
zoning district in which the facility is Iocated.
b. 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.
c. No counseling or other client services for non-residents shall be permitted in a CRH. �\
d. 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.
e. On-site signage shall be a low profile sign with a maximum height of 8 feet and a maximum
area of lb square feet.
f. The CRH shall provide a minimum 4-foot(4')high fence on all property lines.
g. The CRH shall comply with the appropriate project design standards described in Article V.
h. The CRH shall comply with all appropriate Florida Fire Prevention Codes and Building Code
requirements.
i. The minimum dwelling unit size for each resident shall be 750 square feet.
j. There shall be no more than fourteen(14)residents permitted in a structure.
k. 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.
1. Failure to substantially comply with all these criteria shall subject the property owner,and/or
the applicant, to the enforcement provisions of Chapter 10, City of Edgewater, Code of
Ordinances.
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m. A Community Residential Home shall not be located closer than 1,200 feet(1,200')to another
CRH.
n. 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.
o. The City will inspect facilities for compliance with Florida Fire Prevention Codes.
21-34.03—Adult Living Facilities(ALF)
The purpose of this Section is to provide regulations to protect the adjacent property values while
allowing the ALF to operate.
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 a business tax
receipt from the City and Volusia County. The City will inspect facilities for compliance with
Florida Fire Prevention Codes.
2I.34.04—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,vinyl 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 Business Tax Receipt shall be required.
f. No storage or parking of items under control of the salvage yard shall be permitted outside of
the fence or wall.
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21-34.05—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,with the exception of those located at construction projects,shall be enclosed from
view with a six foot(6')high stockade fence,vinyl 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(Residential Professional).
b. No dumpsters,containers or containment areas shall be permitted in any public right-of-way.
c. Gates shall be kept closed at all times except on designated pick up days.
d. Dumpsters and/or containers located within 150-feet of a residential property line or noise
sensitive zone(as defined in the Noise Ordinance)shall not be 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 which are not within 150-feet of a residential property line or noise sensitive zone
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.).
e. All construction projects shall have a dumpster Iocated on-site for placement of wnstruclion
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.
21-34.06—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.
b. All runs shall be equipped with drains provided every 10 feet(10')and connected to a sanitary
facility approved by the City Engineer.
c. No animal having a disease harmful to humans shall be boarded or maintained in the facility.
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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 Business Tax Receipt 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.
21-34.07—Mini-warehouses
Mini-warehouses may be permitted under the following conditions:
a. Mini-warehouse buildings shall he 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,
vinyl fence 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 Business Tax Receipt shall be required.
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21-34.08—Bed&Breakfasts
a. Bed and breakfast accommodations,as defined in Section 21-20 shall require off-street parking
at I 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 Business Tax Receipt is required.
21-34.09—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 Business Tax Receipt is required.
21-34.10—Residential Professional
Residential Professional uses are permitted as a conditional use and require site plan approval.
Residential Professional uses are permitted only along S.R. 442,east of Pinedale Road and west
of U.S.Highway 1. A site plan shall be provided with a Zoning Map Amendment application and
shall conform to the site design criteria as defined in Article V and Article XVIII of the Land
Development Code
a. The property must have a minimum frontage of 100-feet along S.R.442.
b. One ground sign not to exceed sixteen(16)square feet of display area and an overall height of
eight feet(8')is permitted.
1. Ground Sign Base Specifications. Vertical structure supports for ground signs
shall be concealed in an enclosed base.The width of such enclosed base shall be
Iequal to at least two-thirds(2/3)the horizontal width of the sign surface.,_______ -4 Formatted:Font:12 pt
2. Ground Sign Setback. The leading edge of the sign shall be setback a
minimum of ten feet(10')from the right-of-way.
3. Movement. No ground sign nor its parts shall move, rotate or use flashing
lights.
4. Prohibited Signs. 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.
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c. Commercial building code requirements shall be met.
d. A City Business Tax Receipt is required.
e. Permitted uses are restrictive and shall be designed to primarily serve the populace of the
general vicinity.
SECTION 21-35—PROHIBITED USES
21-35.0I—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 school
unless 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,
/001t,\ carports and the like.
21-36.02—General Regulations
a. No accessory structure or use shall be permitted on any lot which does not have an established
principal use conforming to the requirements of this code and no accessory structure shall be
permitted on any lot which does not have a permitted principal or primary structure.
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 and
shall not exceed the height of the peak of the majority of the roof height of the principle or
primary structure in residentially zoned areas.
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.
h. Accessory buildings shall conform to the setback requirements described in Table V-1 and
shall not cause an excess of the maximum building coverage and/or maximum impervious
coverage as established for the respective zoning district.
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i. No accessory building may be located within any required parking area, landscape area or
stotmwater facility area.
j. Accessory buildings shall be limited to 2 per parcel.
k. The total square feet of all accessory buildings and/or storage sheds shall not exceed sixty
percent(601/a)of the total square feet of the principle or primary structure in residentially zoned
areas, with the exception of attached and detached aircraft hangars permitted in residential
districts adjacent to airport taxiways; and properties zoned Agriculture and or contain an
agriculture exemption as recognized by the Volusia County Property Appraiser.
1. Storage sheds of 200 sq. ft.or less and not utilized as a garage may be located five(5')feet
from rear and side property lines.
m. All accessory uses and buildings located in residentially zoned areas exceeding 350 sq.fL or
visible from a public roadway and located on a parcel of less than five(5) acres shall be
consistent with the primary structure in architectural design,exterior construction materials or
faFade treatment,roofline and color.
n. Accessory structures located on through lots and facing a public or private street other than the
street where the primary structure is addressed shall conform and compliment the surrounding
character of the area of said street.
21-36.03—Outdoor Storage and Display:Commercial/Industria)
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 111-3. 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,
vinyl 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,vinyl fencing or masonry wall.
d. Loose materials such as sand,Styrofoam,cardboard boxes,mulch,compost areas,and similar
materials,which are subject to being scattered or blown about the premises by normal weather
conditions,shall be contained by an adequate enclosure. No outdoor storage area or building
shall be located in a public right-of-way,utility or drainage easement.
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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. The sale, storage, or display of all products not normally found or used outdoors shall be
conducted from indoor locations only.
g. Outdoor display of products shall be limited to items typically associated due to their nature,
size or construction with common outdoor usage or sales and shall be limited to one of any one
product or model and shall be located in a designated display area. In addition one(1)ice
machine and one (1) LP Gas dispenser shall be permitted in a designated exterior area.
Merchandise typically permitted for outdoor display include, but are not limited to: sales,
display and rental of vehicles,boats and mobile homes,plant nurseries and sale of landscape
materials,swimming pools and spas,lawn mowers,lawn furniture,basketball nets,volleyball
equipment, Christmas trees, pumpkins at Halloween, tomato plants, harvested fruits and
vegetables etc. Merchandise typically not permitted for outdoor display include,but are not
limited to: indoor furniture,stoves, ranges, bathroom fixtures,clothing,bedding mattresses,
etc. This section shall not apply to permitted garage/yard sales, authorized farmers/craft
markets and permitted special activities/events.
h. Outdoor display of vehicles,watercraft,etc., for sale shall be set back no less than ten feet
(10')from the front and side corner property line and five feet(5')from the interior side and
/0"'` rear property line. Landscaping shall be installed in this area on any adjacent local street.
i. All display merchandise and related display equipment shall be removed at the close of
business each day. This shall not include vehicles, boats, mobile homes, large
lawn/construction equipment and campers displayed for rent or sale.No outdoor display areas
shall be permitted within required parking spaces or areas,public sidewalks or pedestrian or
vehicular access areas, parking aisles, driveway entrances or exits. At no time shall any
exterior display areas impede the entry or means of egress of any doorway.No outdoor display
areas shall obstruct visibility triangles at intersections or at points of ingress or egress to the
business.
j. All new outdoor garden supply areas shall be screened from public view,the public right-of-
way and incorporated into the architecture of the principle building.
k. 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
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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 cenlimeters
(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 Xll, 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 XII,the height restrictions for antennas and satellite dishes shall
not exceed the height limit in that district.
21-36.05—Places of Worship—Schools/Child Care
The purpose of this Section is to establish criteria for the operation of schools and recreation
facilities as an accessory use associated with places of worship.
a. A school operated by a place of worship shall not be permitted to locate within 25 feet(25')
of property used as residential.
b. Recreation areas associated with places of worship shall not use artificial site lighting at night
unless shielded from adjacent residential areas.
c. No recreational activity shall be located closer than 25 feet(25')to an adjacent parcel.
d. The front yard of a place of worship shall be on an arterial or collector roadway.
e. The building design for new construction shall be substantially similar to the design of the
existing structures. No portables,trailers or like buildings are permitted.
f. Parking and service areas shall be located away from adjacent parcels.
21-36.06—Boathouses
The following regulations shall apply to boathouses in all the R-1,R-2,R-3,R-4 and R-5 districts.
a. Heiglrr of boarliouses: No boathouse shall be erected or altered to a height exceeding fifteen
(15')feet from mean high water.
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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,R4 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 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.
21-36.08—Canopies/Temporary Carports and Tents
a. Owners of canopies/temporary carports and tents shall be required to secure all components 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. Temporary canopies/carports and tents shall not
require a permit if installed and maintained as per the manufacturer's installation instructions.
No substantial modifications that would alter the design or integrity of the canopy/temporary
carport or tent shall be permitted.
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 3116"galvanized or stainless steel cable or a
minimum of 3/8"true nylon rope,(not polyethylene,polypropylene or polyes(er)or sized
as per manufacturer's installation instructions or engineer's specifications.
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3. It is forbidden to use concrete blocks or weights of any kind as a method of tie down,
because attaching weight or other moveable objects to canopies/temporary carports and
tents can cause those weights to be catapulted by wind lift.
c. There shall be a limit of two (2) canopies/temporary carports and tents per parcel.
Canopies/temporary carports and tents shall be located behind the front building setback line
in the rear and side yard setback areas. Canopies/temporary carports and tents located in side
yard setback areas shall be screened from view with a six foot(6')high opaque wall or fence.
d. Tarps/tops of temporary structures shall be removed during hurricane warning conditions.
e. Canopies/temporary carports and tents not related to a special activity event pursuant to Section
21-37 and not located in the rear and/or side setback areas shall not be erected for more than a
two(2)day period and for no more than ten(10)days total in a six(6)month period.
21-36.09—Swimming Pools
a. Definitions
As used in this Article,the following terns 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 I l0-volt plug-in Jacuzzi/hot tubs.
{Fading 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 Residential Swimming Pool Safety Act,F.S.
515,as amended from time to time.
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c. Structural Requirements
I. 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.
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
I. Inground 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 the Residential Swimming Pool Safety Act,F.S.515,as
amended from time to time.
2. The structure of an aboveground swimming pool may be used as its barrier or the
barrier for such a pool may be mounted on top of its structure,additionally any ladder
or steps that are the means of access to an aboveground pool must be capable of being
secured,locked or removed to prevent access or must be surrounded by a barrier.All
barriers shall comply with the Residential Swimming Pool Safety Act, F.S. 515,as
amended from time to time.
3. 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 Residential Swimming Pool Safety Act,F.S.515,as amended from time to time.
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).
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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.
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.
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1. 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 ACTIVITYIPERMIT 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 cannot 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 eventlactivity does not include
an eventlactivity 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.
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 fort 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.
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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
or 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 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
a. The uses authorized by a Special Activity Permit are temporary and all permitted
improvements shall be removed within five(S)days of the completion of the special activity.
b. The number of special activities at any given location or address shall not exceed:
1. One 10-day period and two 1-day charitable events/activity between the period of
January I'through June 30`h;and
2. One 10-day period and two 1-day charitable events/activity between the period of
July I"through December 3111.
3. The City Council may grant an exemption to the number events/activities permitted
per year for a specific location or address. The exemption shall not be granted for
more than a one(1)year period. All other requirements contained in this Section
shall apply.
c. Outdoor entertainment/amplified sound in conjunction with a special activity shall be
permitted only between the times of 1:00 p.m.to 10:00 p.m.,unless otherwise authorized by
the City.
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. No special activity permit will be required for any event sponsored or co-
sponsored by the City if it is occurring on public property.
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 for
special activity permits that are required to go before City Council for approval and 21-days
for special activity permits that only require Staff approval. 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
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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 for those
events that exceed an anticipated attendance of 2,000 people. City staff will notify affected
property owners within 500-feet of the site requesting the special activity permit from City
Council 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.
2I-37.05—Special Activity Permit Criteria
a. The proposed activity will not result in unsafe ingress/egress 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$500,000 if no on-site
alcohol consumption is proposed and$1,000,000 if on-site alcohol consumption is permitted
and/or pyrotechnics are proposed to indemnify and hold the City harmless of any and all
liabilities.
g. The City Council may waive the requirements as contained in Section 21-35.01 for alcohol
sales and/or consumption associated with a special activity.
h. 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 Marshal shall verify such compliance is obtained.
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,fere,code enforcement,building and/or City administration representatives to
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monitor and ensure compliance with all applicable City,County and State codes. Special activity
permits that include outdoor entertainment may require a code enforcement 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 he 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 and walls.
a. All fencing materials must comply with the definition in Article 11 and shall be consistent with
or similar to other fencing in the vicinity.
b. All fences shall comply with the provisions of the applicable building codes and are required
to obtain a building permit.
c. Fences may be located in all front,side and rear yard setback areas and directly on property
lines, provided that if a fence encroaches into a utility access easement or right-of-way,the
City shall not be responsible.
d. The maximum allowable height of all fences located between the front property line and the
primary building frontage line of residential properties 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. The maximum allowable height of all other fences in residential areas
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shall be six feet(6')including side corner 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.
1�01� 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.
L Electric or electrified fences and/or any fencing containing chicken wire 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.
I. Fences shall conform to the"site-triangle"requirements as set forth below:
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'/z')to ten feet(10')above the intersecting street right-of-
way lines. The site triangle shall be measured twenty five feet(25')in each direction from the
intersecting right-of-way lines.
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�1
These regulations may also apply in commercial ingress and egress driveway areas if the TRC
determines that a safety hazard may exist.
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SECTION 21-39—PAIN CLINICS
21-39.01—Purpose
The purpose of this Section is to set forth the standards necessary for the regulation of pain clinics.
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1
21-39.02—General Requirements
a. Pain Clinics shall not have employees,full-time,part-time,contract,independent or volunteers
who have been convicted of or who have pled guilty or nolo contendere at any time to an
offense constituting a felony in this state or in any other state involving the prescribing,
dispensing,supplying,selling or possession of any controlled substance within a five(5)year
period prior to the date of the application for a Certificate of Use and that the Pain Clinics shall
not employ any such persons thereafter.
b. The Pain clinic shall be operated by a medical director who is a licensed physician in the State.
c. The Pain Clinic shall not limit the form of payment for services or prescriptions to cash only.
d. Pain Clinics are prohibited from having any outdoor seating areas,queues or customer waiting
areas or permitting patients to wait on the Pain Clinic property outside the Pain Clinic building.
There shall be no loitering outside of the Pain Clinic building,including any parking area,
sidewalk, right-of-ways or adjacent properties. No loitering signs shall be posted in
conspicuous areas on all sides of die building. All activities of a Pain Clinic,including sale,
display, preparation and storage shall be conducted entirely within a completely enclosed
building.
e. The Pain Clinic shall not be operated by or have any contractual or employment relationship
with a physician:
1. Whose drug enforcement administration number has ever been revoked.
2. Whose application for a license to prescribe, dispense or administer a controlled
substance has been denied or revoked by any jurisdiction.
f. The owner or physician shall not have been convicted of violating a pain management
ordinance in a different city,county or state.
g. Pain Clinics are prohibited from having an on-site pharmacy for Controlled Substance
Medication.
h. There shall be no on-site sale or consumption of alcoholic beverages on the property containing
a Pain Clinic.
i. No Pain Clinic shall be located within five hundred(500)feet within an established private or
public school,church or daycare facility.
j. No Pain Clinic shall be located within one thousand(1,000)feet of another Pain Clinic.
k. Within thirty(30)days of the removal of a Pain Clinic from a building,site or parcel of land
for any reason, the property owner shall be responsible for removing all signs,symbols or
vehicles identifying the premises as a Pain Clinic. In the event of noncompliance with this
provision the City may remove such signs at the expense of the property owner.
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I. Pain Clinics shall remain in compliance with all federal,state,county and municipal laws and
ordinances as may be amended from time to time
m. Pain Clinics may operate Monday through Friday during the hours of 9:00 a.m.and 5:00 p.m.
only.
n. Pain Clinics shall have a waiting-room of at least three hundred(300)gross square feet in area
and each examination room shall consist ofat least one hundred(100)gross square feet in area.
o. Pain Clinics shall provide one(1)parking space per ten(10)gross square feet of waiting room
area,two(2)parking spaces per one(1)examination room and one(1)parking space per two
hundred fifty(250)gross square feet of the remaining building area.
p. All Pain Clinics shall allow representatives of the City to enter and inspect their places of
business during business hours or at any lime the business is occupied for the purpose of an
initial inspection to verify compliance with the requirements of the City Land Development
Code,Code of Ordinances.Florida Building Code and Florida Fire Prevention Code prior to
Certificate of Use approval and thereafter on an annual basis in conjunction with the Certificate
of Use renewal.
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ARTICLE Vl
SIGN REGULATIONS
SECTION 21-60—GENERAL PROVISIONS.................................»......................»..........VI-1
2I-60.01-Purpose..................................................................................................................VI-1
21-60.02-General Provisions................................................................................................VI-1
21-60.03-Permits.............................................................»....»».........................................VI-2.1
21-60.04-Prohibited Signs..................................................................................................VI-22
21-60.05-Exemptions........................................................................................................VI-33
21-60.06-Variances................................................»..............»...........................................VI-44
SECTION 21-61-ON-SITE
21-61.01-Construction Signs..............................................................................................VI-44
21-61.02-Development Signs.............................................................................................VI-5-5
21-61.03-Pole Signs............................................................................................................VI-55
21.61.04-Ground Signs......................»..............................................................................VI-5f-
21-61.05
I-5f21-61.05-Projecting Signs..................................................................................................VI-66
21-61.06-Real Estate Signs................................................................................................VI-66
21-61.07-Shopping Center Signs........................................................................................VI-66
21-61.08-Wall Signs...........................................................................................................VI-7-7
21-61.09-Window Signs.....................................................................................................VI-7-7
f�1 21-61.10-Subdivision Signs................................................................................................VI-7.7
21-61.11—Electronic Message Centers/Signage.................................................................VI-77.
SECTION 21-62-OFF-SITE SIGNS...............................»»............................................VI-88
21-62.01-General Requirements.........................................................................................VI-88
21-62.02-City Franchise Signs................................................................................».........VI-89
21-62.03-Public Information Signs....................................................................................VI-9_9
21-62.04-Off-Site Wall Signs.............................................................................................VI-99
SECTION 21-63-TEMPORARY SIGNS.........»................................................................V1-99
21-63.01-Portable Signs.....................................................................................................VI-99
21-63.02-Banner Signs...................................................................................................VI-1140
21-63.03-Political Campaign Signs................................................................................VI-1110
21-63.04-Special Activity/Event Signs..........................................................................VI-1244
I SECTION 21-64-NON-CONFORMING SIGNS............»............................................VI-141-1
21-64.01-Amortization...................................................................................................VI-144
21-64.02-Removal..........................................................................................................VI-1413
I SECTION 21-65-SIGN AGREEMENTS.»»»»..................................»»»»....................VI-141-2
21-65.01-Agreement Process..........................................................................................VI-1413
21-65.02-Agreement Criteria..........................................................................................VI-151-3
SECTIONS 21-66 THROUGH 21-69 RESERVED FOR FUTURE USE.
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Article V[
ARTICLE VI
SIGN REGLrLATIONS
SECTION 21-60—GENERAL PROVISIONS
21-60.01-Purpose
The purpose of sign regulations is to protect,preserve and improve the character and appearance
of the City and to provide opportunity to advertise in commercial and industrial areas. It is
further the intent to limit signs in residential and agricultural areas to essential signs, primarily
for the purpose of identification and information. These regulations shall be the minimum
requirements necessary to accomplish these purposes and to protect the public health,safety and
general welfare.
In addition to City-wide sign regulations contained in this Article, the City of Edgewater has
adopted the Indian River Boulevard-S.R.442 Corridor Design Regulations and the Ridgewood
Avenue Corridor Design Regulations which are incorporated as Article XVIII and Article XX
respectively in this Land Development Code. Requirements contained in Article XVIII, Indian
River Boulevard Corridor-S.R. 442 Design Regulations and Article XX, Ridgewood Avenue
Corridor Design Regulations, shall supersede and compliment the requirements set forth in this
Article. Properties located within the Indian River Boulevard Corridor-S.R.442 Overlay and/or r
the Ridgewood Avenue Corridor Overlay must adhere to the sign design regulations contained in
the Indian River Boulevard Corridor Design Regulations and the Ridgewood Avenue Corridor
Design Regulations. A copy of these regulations and illustrations for design are available for
purchase at City Hall. It is the Developer's responsibility to obtain a copy of the regulations for
the Overlays prior to conceptual design layout.
21-60.02-General Provisions
The following general provisions shall apply to every sign erected in the City.
a. The name and address of the company or person installing any sign and the name and
address of the company or person maintaining any sign,the date of erection and the voltage
of any electrical apparatus shall be permanently affixed on a weather resistant label.
b. Any light from any illuminated sign shall be shaded, shielded or directed so that the light
intensity or brightness shall not affect adversely the safe vision of operations of vehicles in
any public or private road, highway, driveway or parking area. Such light shall not shine
directly on or into any residential structure.
C. All signs shall be designed and constructed to withstand a wind load pressure of not less
than twenty-five(25)pounds per square foot of area or as required by any applicable code or
ordinance,whichever is more restrictive.
d. Vegetal ion shall be kept cut around the base of any ground sign for a distance of fifteen feet
CITY OF EDGEW.ATER LAND DEVELOPMENT CODE
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(15') from any portion of such sign touching the ground and the area around ground sign
shall be kept free of any material that might constitute a fire or health hazard.
e. The numeric street address of the property upon which the sign is located shall be identified
on the side and front of the sign. The street address numbers shall be between six (6) to
twelve(12)inches in height.
t All signs shall be maintained in good condition and repair. Signs shall be deemed as non-
maintained if any part thereof is broken, tattered, lom. faded, letters or graphics are
completely or partially missing,or otherwise in disrepair.
21-60.03-Permits
a. No person shall operate, maintain, erect, alter, repair or relocate any signs until the
Development Services Director and Building Official has determined that the proposed sign
substantially complies with the requirements of this Article.
b. Application for a sign permit shall be on forms provided by the City Building Official.
c. All signs shall be erected,altered,operated and maintained in compliance with the Standard
Building Code and the National Electrical Code.Signs 32 square feet,or less,in area shall be
deemed to comply with the wind load requirements of the Florida Building Code by
submission of plans and specifications to the Building Official.
d. The Development Services Director and Building Official shall conduct a timely review of
the sign permit application and shall either issue the permit or provide the applicant with a
written statement of the reasons for denial.
e. Appeals of Building Official decisions regarding construction issues shall be made to the
Special Magistrate. Appeals of other sign related issues shall be made in accordance with
Article I.
21-60.04-Prohibited Signs
The following signs are prohibited in the City:
a. Unless otherwise noted,no person shall erect a sign on or over any public property or public
right-of-way,except in accordance with a banner sign or franchise agreement approved by
the City Council. Any sign(s)installed on public property shall be forfeited to the public
and subject to confiscation at the owners'cost.
b. The operation or placement of any vehicle for the sole purpose of advertising is prohibited
within the City of Edgewater.
c. Unless otherwise noted, roof signs, billboards, inflatable signs, snipe signs, banners,
pennants,wind operated devices,sandwich signs,moving signs,freestanding signs, flashing
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signs,beacon light signs with moving or alternating or traveling lights are prohibited,except
as limited elsewhere in this Article. Time and temperature signs and lighted moving
message boards less than 35 square feet in area shall not be subject to this prohibition.
d. Projecting signs within an area bounded by the intersection of two rights-of-way and points
fifty feet(50')from such intersections measured along the rights-of-way except as permitted
elsewhere in this Article.
e. Pursuant to Chapter 316.077, F.S., no sign shall be permitted which is an imitation of or
resembles an official traffic control device.
f. Commercial Mascots,as defined in Article 11.
21-60.05-Exemptions
The following signs shall be exempt from the permitting requirements of this Article.
a. Signs less than six (6) square feet in area, used only to identify the residential property
address and resident(s)name and shall not include any advertising.
b. Legal notices posted by authorized persons of a governmental body.
c. Any informational sign directing vehicular traffic, parking or pedestrian traffic on private
property,provided that such sign shall contain no advertising material and shall not exceed 4
square feet in total area. The letters shall not exceed eight inches(8")in height. If the sign
includes any advertising or logo,a sign permit shall be required.
d. Identification signs, information signs or traffic control devices erected or permitted by any
governmental body. In addition,emergency warning signs erected by a government agency,
private utility company or a contractor doing authorized or permitted work within a public
right-of-way.
e. Wall graphics/murals may be an integral decoration of a building, but shall not include
letters, trademarks, moving parts or moving lights and shall not cover more than thirty
percent(30%)of any single wall surface area per building. Works of art, such as murals
approved by the Development Services Director,that do not include a commercial message,
comply with the additional sign wind and sight visibility code and do not violate any design
overlay standards as contained in the City Land Development Code.
f. On-site signs five(5)square feet or less in area that offers a specific property for sale, lease
or rent by the owner or his authorized agent. One on-site open house flag for said specific
property shall be permitted shall be placed not more than one (I) hour prior to the open
house and removed not more than one(1)hour after the open house.
g. The flag of the United States shall be displayed in accordance with the United States of
America Flag Code(P.L.94-344).
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h. Holiday lights and decorations with no commercial messages between November IR and
February I".
i. Two open house flags,not exceeding fifteen(15)square feet each in area,displayed during
times model homes are open to be viewed by the general public for residential subdivisions
or planned residential developments. Maximum height shall be eight(8) feet and may be
displayed at the main entrance to a residential subdivision or planned residential
development.
j. Two offsite open house signs five (5) square feet or less in area that offers a specific
property for sale,lease or rent by the owner or his authorized agent. All off-site open house
signs shall only be placed with the property owner's permission on private residential
property and located within one (1)mile of the authorized sale location. Signs may not be
displayed more than one(1)hour prior to the open house and shall be removed within one
(1)hour after the conclusion of the open house.
k. Off-site open house signs placed in the right-of-way or signs found in violation of this
Section shall be considered abandoned snipe signs and shall be removed.
I. Two on-site feather-flag style signs used for the purpose of promoting special activities/
events authorized by the City by either a special activity/event permit or other formal
agreement approved by the City Council may be displayed during time of special activity/
!deal'\ event but must be removed at the conclusion of the event for each day.
21-60.06-Variances
Variances to the requirements of this Article may be granted by the Planning and Zoning Board
in conformance with the requirements of Article IX.
SECTION 21-61-ON-SITE SIGNS
21-61.01-Construction Signs
a. One construction sign,including the names of persons or firms furnishing labor,services or
materials to the construction site,shall be allowed for each project where an active building
permit has been obtained for the project.
b. Such sign shall be removed no later than the date of issuance of a certificate of occupancy
and/or final inspection of the construction project.
c. No such sign shall exceed thirty-two(32)square feet in area.
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21-61.02-Development Signs
a. One sign, not to exceed sixty-four (64) square feet in area for nonresidential projects or
forty-eight(48)square feet in area for residential projects,may be permitted on each site for
which a site plan,or subdivision plat,has been approved.
b. A development sign permit may be issued for no longer than one(1)year. However,the
Building Official may renew the permit if it is determined that promotion of the site is still
active.
21-61.03-Pole Signs
a. Pole signs shall be limited to two (2) square feet of signage per one (1) linear foot of
addressed building frontage and shall not exceed 60 square feet, except as provided in
Section 21-61.07.
b. Pole signs shall be a maximum of twenty feet (20') high with a minimum nine foot(9')
clearance above the ground or sidewalk. No pole sign shall be located closer than fifty feet
(50')from any existing pole sign.
c. Except for shopping centers as described in Section 21-61.07, there shall be only one (1)
pole-sign per parcel.
d. The sign area shall be calculated to include the outside edge of the sign cabinet or frame.
e. Except as provided in Section 21-62,a pole sign shall only be used to advertise a business
on the same site.
21-61.04-Ground Signs
a. Ground signs shall be limited to two (2) square feet of signage per one (1) linear foot of
addressed building frontage and shall not exceed sixty(60)square feet,except as provided
in Section 21-61.07.
b. Ground signs shall be a maximum of ten feet(10')high and shall be located in an approved
landscaped buffer area. Ground signs shall not impede traffic visibility as outlined in Article
111,"Site Triangle Requirements".
c. The height of a ground sign shall be measured from the crown of the adjacent roadway.
d. Except for shopping centers as described in Section 21-61.07, there shall be only one (1)
ground sign per parcel.No ground sign shall be located closer than fifty feet(50')from any
existing ground sign.
e. The sign area shall be calculated to include the outside edge of the sign cabinet or frame.
f. Ground signs shall only be used to advertise a business on the same site.
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21-61.05-Projecting Signs
a. A projecting sign shall not extend more than four feet(4')beyond the surface of the building
to which it is attached.
b. The surface area of a projecting sign shall not exceed twenty-four (24) square feet per
building.
c. There shall be a minimum of nine feet(9')clearance between the bottom of a projecting
sign and the ground surface or sidewalk.
21-61.06-Real Estate Signs
a. A non-illuminated sign advertising the sale or lease of a business or parcel on which the sign
is located shall be permitted in any zoning district.
b. The maximum sign size shall be thirty-two(32)square feet.
c. Model home signs shall not exceed sixteen(16)square feet.
21-61.07-Shopping Center Signs
a. Ground or pole signs for shopping centers may be constructed subject to compliance with
the criteria described below. No other signage shall be permitted for these uses,except wall
signs.
Sign Criteria Parcel Width Less Parcel Width Greater
Than 150 Ft. Than 150 Ft.
Number of Signs per One Two
Parcel
Maximum Allowable 100 sq.ft.per side Anchor Structure Sign
Area of All Signage On 200 sq.ft.total 100 sq.fl.per side
the Site 200 sq.ft.total
Tenants Sign
I QO sq.ft.per side
200 sq.ft.total
Maximum Height Above Poles-20 feet Poles-20 feet
Ground Ground-10 feet Ground-10 feet
Minimum Clearance From Poles-9 feet Poles-9 feet
Ground
Area Allowed For Center 20 percent maximum 20 percent maximum
Name
Area Allowed For Tenants 80 percent minimum 80 percent minimum
Name
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21-61.08-Nall Signs
a. 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.
b. The area of a wall sign shall be calculated by summing the area of each letter and the
corporate logo in the sign.
21-61.09-N1'indoty Signs
The WiHEIOW ffda Hfid!he Q&55 d9oF aFee between feuF fee! (11) and seven fiaet(72)above gie
adjoe a .Window sighs should be maintained
properly. Window signs shall be painted, vinyl, or decal only. Window signs may be allowed on
windows facing rights-of-way. Window signs shall not exceed twenty five percent (25%) of front
doors. Window Signs shall not exceed seventy-five percent(75%)of all windows facing rights-of-
way.Promotional posters for civic events shall be permitted on windows and should not be included
in the sign area calculation.
21-61.10-Subdivision Signs
A maximum one hundred(100)square feet in area ground sign identifying a subdivision may be
located at each subdivision entrance provided the site triangle requirements of Article III are met.
21-61.11—Electronic Message Centers/Signage
a. Electronic message center signs are permitted only along U.S. 1, Park Avenue and S.R.
442/Indian River Boulevard. No more than one electronic message center sign is permitted
for each property frontage located on the above-referenced roadways.
b. Signs must be set back a minimum of ten feet(10') from the right-of-way to Ilse closest edge
of the sign.
c. Signs must be constructed as ground sign.
d. The maximum electronic panel area shall not exceed 50%of the sign size.
e. A sign with a sign face on two sides and no more than 4.5' feet of separation between faces
shall be considered a single sign.
f. Sign copy may change only at intervals of not less than rive (5) seconds. Continuous
scrolling,animation,or flashing of lights is prohibited.
g. Obscene,immoral and/or lewd graphics and/or language shall not be displayed at anytime on
the display screen area.
lt. The display screen area shall provide a high-resolution picture quality with pixel spacing of
16 millimeters or less.
i. Maximum brightness is 5,000 nits during the day and 500 nits from dusk to dawn.
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j. A malfunctioning sign must be turned off or display a blank screen.
k. Electronic message center signs shall not be added to any nonconforming sign.
1. All power to the sign shall be supplied via underground carrier,inside an improved conduit
and installed to City requirements.
m. The signage shall be maintained in a good operating condition and external appearance.
n. Government electronic message center signs shall provide necessary public information,
including but not limited to directions,schedules or information regarding public facilities or
places of interest.The City Council may waive the standards in this section for a government
sign provided that the deviation promotes the public health,safety and welfare.
o. Any electronic message center/signage in existence prior to adoption of the standards set
forth in this Section and are not in conformance with said Section shall be deemed non-
conforming pursuant to Article V11.
SECTION 21-62-OFF-SITE SIGNS
Off-site signs that advertise products or businesses located at a site other than the location of the
business are deemed by this Article to constitute a separate use. The control and regulation of
the display of such advertising deemed to be appropriate to the character and surrounding
development shall be considered. It is intended that such advertising be confined to certain
commercial and industrial properties.
21-62.01-General Requirements
All off-site signs,with the exception of special activity/event signs advertising special activities/
events authorized by the City,shall require approval by the City Council upon a recommendation
from the Development Services Director.
a. Off-site signs shall not be located closer than one thousand feet(1,000')to another off-site
sign.
b. All off-site signs shall conform to the Standard Building Code construction requirements.
21-62.02-City Franchise Signs
The City Council may approve off-site signs for certain franchise agreements. The criteria for
approval of off-site selection shall be consistent with the conditions contained in the Sign
Franchise Agreement and shall be subject to City Council approval. Minimum standards
include:
a. A leading edge of a franchise sign shall not be closer than ten feet(10')to a paved surface of
a public right-of-way,unless approved by the City Manager.
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b. Signs bearing public information,as designated by the City Manager,may be placed in any
zoning district.
c. A franchise sign shall have a minimum clearance of nine feet(9)above the ground and a
maximum height of sixteen feet(16')except those placed on public transportation benches
and shelters as approved through a competitive selection process pursuant to City standard
procedures.
21-62.03-Public Information Signs
Public information signs containing no commercial message and installed by the City,may be
located anywhere in the City.
21-62.04-Off-Site Wall Signs
City Council may approve off-site wall signs subject to the following:
a. The business/development has no other off-site signs.
b. Signs shall not exceed thirty-mvo(32)square feet each.
c. No more than one(1)wall sign per each side of the building with a maximum of two(2)
signs per building.
d. The total square footage allowed for all wall signs per building shall not exceed the
requirements contained in Section 21-61.08.
e. Off-site wall signs are temporary and will be permitted for six(6)months.
SECTION 21-63-TEMPORARY SIGNS
21-63.01-Portable Signs
a. The Building Official may issue a portable sign permit to a business for a maximum of thirty
(30)days per year to announce special events or grand openings.
b. The maximum size of a sign shall be thirty-two(32)square feet.
c. Only one(1)sign shall be permitted on a parcel at any one time.
d. A sign shall not occupy any required parking space nor restrict on-site traffic Flow.
e. A portable sign shall not be located closer than ten feet(10')to the paved portion of a public
right-of-way.
f. Portable signs shall not have flashing or moving lights and shall not be affixed to another
CITY OF EDGEWATER LAND DEVELOPMENT CODE
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sign or structure or mounted for the purpose of making it a permanent sign.
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21-63.02-Banner Signs
a. The Building Official may issue only one(1)banner sign per street frontage at a time on a
given parcel,for a special event such as grand openings.
b. Banner signs shall not be permitted in residential zoning districts and the B-4 district.
C. The maximum sign area shall be thirty-two(32)square feet.
d. Banners may display business or product logos and generic messages,but not specific sales
information.
e. Banners may be erected up to seven(7)days prior to the event,shall be removed within two
(2)days after the event and shall be limited to ten(10)days per event two(2)times per year.
f. The City Council may approve banners that do not comply with these requirements for
citywide functions.
21-63.03-Political Campaign Signs.
a. Political campaign signs shall be permitted as temporary signs and, as such, shall be
removed within ten (10) days after the advertised candidate has been finally elected or
defeated. A sign may remain through any primary or run-off election as to any candidate
who is subject thereto.
b. An applicant for a political campaign sign shall be issued one sign permit for an unlimited
number of signs. The fee shall be as established by resolution.
c. Signs shall not be placed in any public right-of-way,on any public property,attached to any
utility pole nor attached to any tree. Signs located on private property shall have the written
authorization of the property owner.
d. Signs placed on private property shall be securely erected to prevent displacement by heavy
winds and so placed as to not interfere with traffic visibility.
e. Political campaign signs shall not exceed eight(8)square feet in area.
f. Upon determination of the Code Compliance Officer, illegal signs shall be removed within
twenty-four(24)hours after notification to the applicant.
g. The City shall retain removed illegal political campaign signs for five(5)working days after
notification before their destruction. An applicant may retrieve the signs during this period.
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21-63.04-Special Activity/Evenl Signs
a. The maximum height of special activity/event signs shall be ten(10)feet.
b. Special activitylevent signs shall not exceed thirty-two (32) square feet in area and there
shall be a maximum of ninety-six(96)square feet on-site signage per special even(.
c. No special activity/event sign may be used for the purpose of off-site advertising without the
authorization of the property owner/occupant. No special activitylevent sign shall be placed
on lots or parcels of any vacant property without written authorization of the property
owner.
d. No sign prohibited in this Article shall be authorized under this section as a special
activity/event sign.
e. No special activity/event sign shall be placed so as to obscure visibility of any permanent
freestanding sign, unless such placement has been approved by the property owner whose
freestanding sign is obscured.
f. No special activity/event sign shall be placed so as to obscure vehicular sight visibility.
g. Special activity/event signs shall be erected not more than twenty-one(21)days prior to the
special act iviLyle vent.All special activity/event signs shall be removed within two(2)days
after the approved special activity/event for which the sign was advertising.
h. The erection and removal of all special activity/event signs shall be the responsibility of the
person sponsoring the special activity/event. Failure or refusal to remove said signs within
two(2)days after the special activity/event shall authorize the City to remove such signs and
dispose thereof.
i. No special activity/event signs shall be placed on City properties unless it is authorized and
installed by the City in accordance with the Special Activity/Event Sign Policy.
21-63.05—Feather Flaw
----------------------------------------------------------- Formatted:Font:Not Bald
a. Feather Flaes will not be allowed to exceed a heiebt of twelve(12)feet and a width of two Formatted;Normal
and a half(2.5)feet measured from the top of the flay to the bottom of the base.
" Formatted:Indefit.Left: 0.25", No bullets or numbering
b. One(1)feather flay shall be Dennitted once per quarter for a duration of 30 calendar days for
each entity with a business tax license or address within the approved zoning districts.
c. The Citv has established feather flag zones for each business tax license associated with each --` Formatted:Ust Paragraph
address to protect the aesthetics of the Citv.Each zone will allow a maximum of one-third
(113)of the address'or business tax licenses to have a feather flay during a 30 day calendar
period per quarters --- -- ---- --- Formatted:Default Paragraph Font,Font:12 pt
d. The number oFfeather flag Hermits shall be issued on a first come—first serve basis. Formatted:Font:12 pt
-- Formatted:Font:12 pt
CITY OF EDGEWATER LAND DEVELOPMENT CODE
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Applications received shall be stamped with the date and time."Che City shall maintain a list
of all applications and shall issue nermits based upon the date of receipt throughout the
quarter.The Cily shall publish a list of all permits including the date of receipt the date the
permit is issued.the date of expiration,and the 30 day period for which the permit will be
issued.The list shall be located an the Ci!Y of Edgewater's website within the Development
Services Department under Plannin¢and"Zoning.It shall be the business tax license permit
holder's resnonsibility or the property owner's responsibility to check said list to ensure:
compliance Mth the pemlit date of issuance and expiration.
— -- Formatted:Indent:Left: 0.25", No bulletsarnumbering
e. The feather flag-permit application shall require the following information:
1. Business Tax License Number,Address of Businessr Phone Number.Email, - _- Formatted:Font:12 pt
Zoning District.Pealher Flag Zone,Plot Plan or Survev of the PJacement ol'Ihe Feather ` Formatted:Normal,trident:Left: 0.5", No bullets or
Flag on the I'arcel,and an linage of the Feather F)ae. -1 numbering
----------------
`%�" Formatted:Font:12 pt
f: 'Che City shall require a pemih fce of one hundred dollars($100)per quarter. Formatted,Font:12 pt
------_ •'^' ` Formatted:Font:12 pt
P,. Feather flag(s)shall not be»laced in the right-of-way.within or amonest shmbbery and trees +'^+" Formatted:Font:12 pt
within the landscape buffer,sight triangle.or as to obstruct Pedestrian access or vehicular + Formatted:Font:12 pt
lines of sighs.Feather flag(s)placed within landscaped areas of the property shall only be Formatted:Font:12 pt
placed in sodded areas. '""
"" Formatted:Font:12 pt
h. Feather flae(sl shall only be displayed durine the hours of operation that the business iso en• ¢ formatted:Font:1z pt
P '`` Formatted:Font:12 pt
and shall be taken down when the business is not in operation. —
" Formatted:UstPardgraph,Indent Left: 0.25'
i. Feather flag(s)must be free-standing,and mai not be affixed to any object,nor should any oftrmatted�
Font:12 pt
obiect be attached to said feather flag(s).In the event that a woperty does not In a
Formatted:Normal, No bullets or numbering
landscape buffer or the property line immediately abuts the right-of-way,a feather flee may Indent:Left: 0.25, No bullets or numbering
be installed on said property within one parkins;space.The feather flae shall be secured Indent:Left: 0.25", No bullets or numbering
through[lie use of a base to prevent the feather flag from toppling over and creatine a hazard Font:12 pt
Indent:Left: 0.25", No bullets or numbering
i. Feather flag(s)shall be maintained in good condition.Good condition means thal the feather
NOS)do not demonstrate fading of color,fraying of fabric,or damage
�- Formatted:Indent:left: 0.25", No bullets or numbering
k. Feather flag(s)shall only be permitted in the following zoning designations:
1. _ B-2,Neighborhood Business
2. B-3.Highway Commercial
3. B-4,Tourist Commercial
4. 1-1.Light Industrial
5. I-2,Heavy Industrial
-. Formatted:Font:12 pt
I. Feather flae(s)displaved without a feather flap vermit or in violation of this Section shall Formatted:Normal, Nobullets or numbering
result in code enforcement action.Feather flag(s)may be confiscated,at the owner's Formatted:L1stParagraph,Outline numbered+Level:I+
expense,if placed in the right-of-way area.Feather flag(s)that are not in good condition shall Numbering Style:a,b,c,...+start at I+Atigmment:Lett+
result in code enforcement action.Three(3)reheated offenses shall result in the violator signed at o"+Tab after: 0.25'+[ndentat: 015^
being Prohibited from acquiring a feather flag nemrit for a Period of one(1)calendar vcar., Formatted:Font:Not Bald
CITY OF EDGEWATER LAND DEVELOPMENT CODE
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SECTION 21-64-NON-CONFORMING SIGNS
Any existing sign that is in violation of this Article at the effective date of this Chapter shall be
deemed a legal non-conforming sign. Such signs may be continued subject to the conditions
described below.
21-64.01-Amortization
a. No non-conforming sign shall be altered, moved or repaired in any way except in full
compliance with the terms of this Article. This provision shall not apply to the changing of
temporary copy of changeable copy signs or to repairs necessary to maintain the structural
integrity or safety of a sign so long as such repairs do not exceed fifty-one percent(511%)of
the replacement cost of such sign.
b. All non-conforming signs shall be maintained in good repair, subject to the conditions
above.
c. Failure to remove non-conforming signs may subject the sign owner to the code
enforcement provisions of Chapter 10, City of Edgewater Code of Ordinances. In this
regard,a sign owner may enter into a sign agreement as described in Section 21-65.
21-63.02-Removal
a. An obsolete or deteriorated sign shall be removed by the owner, agent or person having
beneficial use of the premises on which sign is located and shall be removed within thirty
(30)days of written notification by the Code Enforcement Department.
b. Upon failure to comply with such notice,the Code Enforcement Department shall cause the
sign to be removed at the owner's expense,including any interest that may have accrued.
c. Failure to pay such costs within thirty (30)days of the written notification of the removal
costs shall create a lien against the sign owner in favor of the City.
SECTION 21-65-SIGN AGREEMENTS
The purpose of this Section is to provide a process and criteria by which the City can bring
illegal and/or non-conforming signs into compliance without adjudication by the Code
Enforcement Board or the court system.
21-65.01-Agreement Process
a. An applicant shall provide a sign agreement that includes the criteria described in Section 21-
65.02.
b. The applicant shall submit the required sign agreement not less than forty-five(45)days prior
to the Planning and Zoning Board (P&Z) meeting at which the applicant wishes
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consideration.
c. The P&Z shall conduct a public hearing after providing the following public notice:
1. Direct mail notice to all property owners of record within one hundred filly feet
(150')of the proposed sign location.
2. Post the proposed site no less than ten(10)days prior to the subject P&Z meeting.
d. Upon completion of the P&Z deliberations, the agreement shall be scheduled for the neat
available City Council meeting.
e. The City Council shall hold a public hearing regarding the proposed agreement after public
notice in the same manner as provided above.
f. The City Council shall take final action regarding the agreement within thirty (30) days,
unless the applicant agrees to additional time.
21-65.02-Agreement Criteria
At a minimum,the sign agreement shall include:
a. The name,address and phone number of the applicant.
b. The name,address and phone number of the existing sign site property owner.
c. Any appropriate site drawings and plans.
d. A timetable for removal of the existing sign.
e. Any proposed site mitigation activities.
f. The signature of the applicant.
g. The signature of the site property owner.
h. The signature of the appropriate City official.
Sections 21-66 through 21-69 reserved for future use.
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ice.
ARTICLE XX
RIDGEWOOD AVENUE CORRIDOR DESIGN REGULATIONS
SECTION 21-610-PURPOSE AND INTENT..........................................................XX-1
SECTION 21-620-APPLICABILITY
21-620.01-Corner Lots/Parcels........................................................................ XX-I
21-620.02-Conflict with Other Provisions of Code....................................... XX-i
21-620.03-Registered Landscape Architect Required..................................... XX-1
SECTION 21-630-BUILDING LOCATION AND LANDSCAPE BUFFERS......XX-1
21-630.01-Location............................................................................... XX-1
21-630.02-Front Line Property Buffers....................................................... XX-2
21-630.03--Minimum Landscape Requirements in Buffer Yard......................XX-2
21-630.04-Protection from Vehicle Encroachment........................................ XX-2
21-630.05-Stormwater in Buffer......................................................................XX-2
21-630.06-Parking Location............................................................................ XX-3
21-630.07-Pedestrian and Bicycle Circulation................................................ XX-3
21-630.08-Sidewalks........................................................................................XX-3
21-630.09-Pedestrian Access Standards.......................................................... XX-3
21-630.10-Drive-Through Requirements.........................................................XX-3
SECTION 21-640-ARCHITECTURAL DESIGN STANDARDS.......».»......_... XX4
21-640.01-Building Orientation.......................................................................XX4
21-640.02-Primary Building Entrance.............................................................XX-4
21-640.03-Building Height and Transition......................................................XX-5
21-640.04-Fayade Treatments..........................................................................XX-5
21-640.05-Prohibited Fgade Treatments........................................................ XX-6
21-640.06-Loading and Service Areas.............................................................XX-6
21-640.07-Outdoor Shopping Cart Storage..................................................... XX-6
21-640.08-Fenestration.................................................................................... XX-6
21-640.09-Roof Treatments and Materials...................................................... XX-7
21-640.10-Building Color................................................................................ XX-8
21-640.11-Multi-Building Complexes............................................................ XX-8
SECTION 21-650-SIGNS..........................................................................................XX-9
21-650.01-Ground Signs Required.................................................................. XX-9
21-650.02-Business Identification Signs......................................................... XX-10
21-650.03-Multi-Tenant Buildings/Developments......................................... XX-10
21-650.04-Specialty Signs............................................................................... XX-10
21-650.05-Signage Performance Standards..................................................... XX-I l
21-650.06-Exempted Signs.............................................................................. XX-I 1
21-650.07-Prohibited Signs............................................................................. XX-1 1
21-650.08-Sign Illumination............................................................................XX-I 1
21-650.09-Prohibited Lighting.........................................................................XX-I 1
XX i
Rev.&4-12
SECTION 21-660—NONCONFORMING STRUCTURES_....................... ..... . XX-12
21-660.01—Existing Nonconforming Structures.............................................. XX-12
21-660.02--Guidelines for Nonconforming Structures.................................... XX-13
21-660.03—Existing Nonconforming Signs..................................................... XX-13
SECTION 21-670-RESERVED
SECTION 21-680-RESERVED
SECTION 21-690-RESERVED
XX-ii
Rev.&8-12
l I
ARTICLE XX
RIDGEWOOD AVENUE CORRIDOR DESIGN REGULATIONS
SECTION 21-610-PURPOSE AND INTENT
These design regulations are intended to ensure high quality private development in the Ridgewood
Avenue Corridor. The two major components of these regulations are: 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.
SECTION 21-620-APPLICABILITY
Parcels that share a common boundary with Ridgewood Avenue 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 die Ridgewood Avenue Corridor. The provisions of this document are
applicable to all properties that touch, front or are otherwise adjacent to Ridgewood Avenue.
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.
21-620.01-Corner Lots/Parcels
Comer 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 tots or corner developments adjacent to
l� Ridgewood Avenue shall comply with these requirements.
21-620.02-Conflict with Other Provisions of Code
The requirements for the Ridgewood Avenue Corridor Overlay Area supersede the general
requirements within this Land Development Code,however properties determined to be located on
U.S. 1 (Ridgewood Avenue) within die Indian River-S.R. 442 Corridor Overlay shall meet
requirements set forth in Article XVIII.
Unless otherwise noted in this Article,all other development requirements shall meet the general
requirements contained elsewhere in the Land Development Code.
21-620.03-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 21-630-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.
21-630.01—Location
a.Setback and Buffer.Minimum setbacks shall be as set forth in Article V for each respective
zoning designation.
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
XX-I
Rev.9.842
.'
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 pari of site plan approval,and
will be utilized for maintenance as well as enforcement by the City.
21-630.02—Front Property Line Buffers
A minimum ten-foot(10')landscape buffer shall be provided from the front property line in the
Ridgewood Avenue corridors.
21-630.03-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. 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.
b. 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.
c.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.
d. Side and Rear Yards. The side and rear yards of all properties shall be provided with
landscape treatment consistent with this Land Development Code.
21-630.04-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(3%:)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.
21-630.05-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.
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21-630.06-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 Ridgewood Avenue may substitute for a berm,
hedge or wall.These requirements for a hedge may be combined with the required landscape buffer
requirement for shrubs.
21-630.07-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.
21-630.08-Sidewalks
Developers shall provide sidewalks to provide safe movement of pedestrians separately from motor
vehicles.
21-630.09-Pedestrian Access Standards
Pedestrian circulation shall be provided by connecting buildings with existing and future 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.
21-630.10-Drive-Through Requirements
Drive-through windows and lanes shall not be located on a side of the building visible from the
right-of--way of U.S. 1. 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(l)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.
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Pzv.8-842
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.
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-Through 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 21-640-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 affirm the
appropriateness of new development into the character of the area. Special attention has been
placed on the creation of an attractive,safe and functional urban environment.
21-640.01-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 corner 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. 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. 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.
21-640.02-Primary Building Entrance
In general,the primary pedestrian entrance to all buildings shall face Ridgewood Avenue,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(3')in depth that clearly identifies the entrance.
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Comer lots shall provide an entrance on both public rights-of-way or a corner entrance.
In addition, every primary entrance shall have two(2)other distinguishing features from the list
below:
I. Variation in roof height around door;
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. Ornamental 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.
21-640.03-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 facade that is no
more than the average height of the adjacent buildings.
21-640.04-Facade Treatments
Facade 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 facade that are compatible with the style is required. These elements must be
integrated with the massing and scale of the buildings.
Building walls and facade 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 facade:
1. 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 facade;
4. Clock or bell towers;
S. 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;
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11. Varied building setbacks or projections;or
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 o11-set or a projecting rib.
Changes in color along the fagade that arc compatible with each other and the style of the building
are encouraged but not sufficient to break up the mass of the faVade.
21-640.05-Prohibited Fagade Treatments
The following treatments or features are prohibited on any fagade that are visible from the U.S. 1
right-of-way:
1. 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 may be permitted provided they are in character
with the style of the building.
5. Murals mac be allowed subject to approval from Development Services.
a. A mural application, found within the Development Services Department is
required. The mural aeolication shall cost five-hundred MOD)dollars. The applicant
must provide the following: Architectural Elevations for the entire building or
building(s), the proposed image of the mural both within the Architectural Elevation
and as a standalone image, the dimensions of the mitral. materials and facade
treatments.
b. Development services will review the application and notify pplicants within thirty
(30)days of submission if the Mural application is complete.If the Mural application is
deemed incomplete. Development service's staff shall notify the applicant rearresting a
resubmission. Once Development Services staff deems the application complete, the
mural shall be administratively approved.
C. For Development Services to approve a mural. staff must make the Following
findings of facts:
i.The mural does not depict obscene or pornographic imagery.
ii."Che mural is located within the B-3.Hi Ig 1wav Commercial zoning district.
iii.The mural shall not constitute or create a traffic hazard through the use of neon Formatted:Indent:Lett: 0.75"
or fluorescent color(s).
iv.The mural shall be limited to one facade and the mural shall not include letters,
trademarks.logos.lights.moving lieltts or moving Darts.
v.A mural located on the front facade may not occupy more than 50 percent(50%)
of said wall and shall not exceed twelve(12)feet in licieht.
vi. A mural on a side facade shall not occupy more than 100 percent(100%)of a
blank wall when the wall is below 16 feet in height.A mural on a side facade with a
wall greater than sixteen (16) feet in height shall have murals limited to 50 percent
(50%)ofsaid wall.Murals may not exceed twenty four(24)feet in height.
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Rev.8.8-12
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vii.A mural may not be located on a rear facade wall_ Formatted:Indent:First line: 0.25'
viii.The mural shall he ar)plied utilizing weather resistant paint or materials.
d. Should Development Services staff deny the mural application. the applicant may
request to appeal the decision to City Council within fifteen business days of the denial.
The applicant shall pay an additional two-hundred 42501 dollars to make an appeal
before City Council.
JFormatted:Indent Left: 0",Hanging: 0.5"
21-640.06-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,rootlines and colors are permitted to be consistent with the
primary structures.
21-640.07-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 faFade.
Arcade or colonnade areas cannot be used for the storage of shopping carts.
21-640.08-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 faFade.Windows must be located between three feet(3')
and seven feet(7')measured from ground level.
a. Exterior Nall Materials.All buildings subject to Cie terms 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. Finish materials for Halls.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;
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
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Rev.8-8-12
lo*'\
6. Any combination of the above.
d. Corporate Design.Corporate franchises shall 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.
21-640.09-Roof Treatments and Materials
Variations in the root7ines must be used to add interest to and reduce the massing of buildings.Roof
features and materials must be in scale with the buildings 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) �1
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 he 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 terne-coated), stainless steel,
copper and aluminum;
2. Architectural Shingles:Asphalt,fiber reinforced cement,metal,fiberglass and wood;
3. Tile:Clay,terra cotta 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.
21-640.10-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.
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Rev.8•8-12
b.Trim on Facade.Building trim and accent areas may feature any color,limited to ten percent
(101/6)of the affected fapade segment, with a maximum trim height of twenty-four inches
(24")total for its shortest distance.
21-640.11-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 Facade.All exterior fagade of an out-parcel building must be considered primary
fapade 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 facade and consolidated parking for several businesses in
one parking lot may be used.
f. Service Areas.Service areas shall not be located in front yards and shall not be visible from a
public right-of-way.Waste disposal areas shall be screened one hundred percent(140%)by a
masonry wall and landscape buffer.The wall shall be consistent in style,materials and color
to the facade.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.
SECTION 21-650-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 Ridgewood Avenue. This Section
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Rev.9-8-12
covers freestanding or detached signs,attached or building signs,multi-tenant development signs
and specialty signs.
21-650.01-Ground Signs Required
Freestanding ground signs shall be allowed in the Ridgewood Avenue Corridor. Pole signs are
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(1)
of sign area per two linear feel (2') of addressed building frontage, with the following
maximums.
1. Typical Building. Ground signs shall not exceed forty-eight (48) square feet for
buildings with Ridgewood Avenue road frontage.
2. Intersecting Streets.Ground signs on streets intersecting Ridgewood Avenue may be
permitted up to thirty-two(32)square feet.
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 feel(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. Comer lotstparcels shall also be permitted one(1)
ground sign in conformance with Section 21-650.01 (b)(2)of this Article on the intersecting
street frontage,if said intersecting street frontage is two hundred feet(200')or greater. Said
intersecting street ground signage shall be located no closer than two hundred feet(200')from
any other ground sign.
d. Ground Sign Base 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.
e. Ground Sign Setback The base setback shall be a minimum of ten feet(10')from the right-
of-way.
f. Movement.No ground sign or its parts shall move,rotate or use flashing lights.
g. Electronic Message Centers (EMC)/Signage. EMC signage shall conform to the
requirements contained in Article VI, however, in the event of conflicting language, the
requirements of this Article shall supersede. All other requirements contained in this Article
shall also apply.
21-650.02-Business Identification Signs
Business identification signs include signs that are attached to the building wall or window.They
include wall signs (designed as a sign that is to be permanently affixed flat against the building
wall),projecting/hanging signs(perpendicular to the building),and window signs.
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Rm s•&n
The following general design criteria shall apply to all attached signs located in Ridgewood Avenue
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 fagade.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 Ute primary frontage(width)of the tenant
space.Wall signs should be placed on the building facade and not perpendicular to the wall.
b. Projecting/flanging 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
vinyl, or decal only. Window signs may be allowed on windows facing rights-of-way.
Window sults shall not - a -'o 'a exceed twenty five percent (25%) of v iadew
areafront doors. Window Signs shall not exceed seventy-five percent (75%)0£all windows
facing rights-of-way.
to allov-visibility into the AM feF PedestrianPromotional 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.
21-650.03-Nlulti-Tenant Buildings/Developments
a. Multi-Tenant Buildings/Developments less than 25,000 square feet. Developments less
than 25,000 square feet in total building square footage shall comply with Section 21-
650.01(c)of this Article and shall contain no more than eight(8)separate tenant panels within
the permitted ground sign(s).
b. Multi-Tenant Build ings/Develo pot en is equal to or greater than 25,000 square feet.
Developments equal to or greater than 25,000 square feet shall be permitted one(1)ground
with the name of the center/complex. Additional ground signs permitted for Multi-Tenant
Buildings/Developments shall be in conformance with Section 21-650.01 (c)of this Article
and shall contain no more than eight(8)separate tenant panels within the permitted ground
sign(s).
c. 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.
21-650.04-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.
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Rev.&8.12
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 entrance and shall not block pedestrian
movement.
b. 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 often feet(l0').
c. Opening Banners. Opening banners shall be allowed from hyo(2)weeks prior to opening
until one(1)month afteropening.Banners shall be located on buildingwalls.
21-650.05-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.
21-650.06-Exempted Signs
Feather Flag signs,Rreal estate signs and construction signs shall meet Land Development Code
standards as set forth in Article VI-
21-650.07-Prohibited Signs
a. Signs that are prohibited in the Ridgewood Avenue Corridor include animated signs,
billboards,off-site signs,flashing signs,snipe signs,portable signs(trailer signs),roof signs,
beacon lights,trash receptacle signs,gutter signs,signs on public property,immoral display,
obstruction, streamers, spinners and pennants. Bench signs are prohibited except those
placed on public transportation benches and shelters as approved through a competitive
selection process pursuant to City standard procedures.
b. No advertising or signage is allowed on any exposed amenity including, but not limited to,
trash containers and fences. Bench signs are prohibited except those placed on public
transportation benches and shelters as approved through a competitive selection process
pursuant to City standard procedures.
21-60,08-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 Ilse 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.
21-650.09-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. Fligh intensity lights such as beacon lights, spotlights or floodlights shall not he
pemiittcd in the Ridgewood Avenue Corridor.
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Rcv.8.8.12
rte.
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)miIli-amperes shall be permitted on neon tubing.
4. Letters or border decoration of buildings with a maximum of eleven (ll) 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.
SECTION 21-660--NONCONFORMING STRUCTURES
21-660.01—Existing Nonconforming Structures
These guidelines apply to buildings and structures. Further, any structure which lawfully exists
when these regulations are adopted(or amended)and which does not conform to all the provisions
of these regulations may remain and be continued subject to the following regulations:
1 a. 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:
1. All applications shall be subject to all appropriate safeguards and conditions necessary
to ensure that any such approval will not be contrary to Ute public interest,the intent of
these Ridgewood Avenue Design Guidelines or injurious to the specific area in which
the existing nonconforming structure is located.
2. 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.
3. 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.
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Ray.8.8-12
21-660.02—Guidelines for Nonconforming Structures
a. No nonconforming structure shall be enlarged,replaced or altered in any way which increases
it's nonconformity except in conformance with these regulations;
b. 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;
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,with the following exception:
1. Any existing single-family residential use considered non-conforming and permitted
prior to the adoption of this Code may be permitted to restore damaged or destroyed
buildings,not to exceed the existing footprint(prior to the damage or destruction),unless
approval of a variance is granted by City Council to expand the footprint of the structure.
City Council may also consider requests to waive the application fee.
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,
with the following exception:
I. Any existing single-family residential use considered non-conforming and permitted
prior to the adoption of this Code may be permitted to restore damaged or destroyed
buildings, not to exceed the existing footprint (prior to the damage or destruction),
unless approval of a variance is granted by City Council to expand the footprint of the IAIW�
structure. City Council may also consider requests to waive the application fee.
e. Nonconforming structures may have normal repair and maintenance performed to permit
continuation of the nonconforming structure. -
21-660.03—Existing Nonconforming Signs
a. No nonconforming sign shall be enlarged, replaced or altered in any way except in
conformance with these regulations.
b. It is further stated that any alterations,replacement or modification of a nonconforming sign
shall comply with these design guidelines to the maximum extent feasible.
c. Non-conforming signs shall be brought into conformance with this Article within a five(5)year
grace period of the date of any permit issuance to modify and/or improve said non-conforming
sign. No permits to modify and/or improve a non-conforming sign which heretofore grants the
five(5)year grace period and does not bring said non-conforming sign into conformance with
this Article shall be issued after December 31,2015.
SECTION 21-670-RESERVED
SECTION 21-680-RESERVED
SECTION 21-690-RESERVED
XX-14
Rev.8-8.12