2024-O-34 - LDC - Chapter 21ORDINANCE NO. 2024-0-34
AN ORDINANCE OF THE CITY OF EDGEWATER,
FLORIDA, AMENDING ARTICLE II (DEFINITIONS),
ARTICLE III (PERMITTED, CONDITIONAL,
ACCESSORY, AND PROHIBITED USES), ARTICLE IV
(RESOURCE PROTECTION STANDARDS), AND ARTICLE
V (SITE DESIGN CRITERIA) OF CHAPTER 21 (LAND
DEVELOPMENT CODE) TO ESTABLISH STANDARDS
AND PROCEDURES FOR DEVELOPMENT OF
AFFORDABLE HOUSING PROJECTS IN COMMERCIAL,
INDUSTRIAL, AND MIXED USE ZONING DISTRICTS
PURSUANT TO CHAPTER 2023- 17, LAWS OF FLORIDA
(LIVE LOCAL ACT); PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY;
PROVIDING FOR AN EFFECTIVE DATE AND ADOPTION.
WHEREAS, Chapter 2023-17, Laws of Florida, known as the "Live Local Act" was
approved by the Governor and took effect on July 1, 2023, includes the obligation which requires
a municipality to authorize multifamily and mixed-use residential development as an allowable
use in any area zoned for commercial, industrial, or mixed-use if at least 40 percent of the
residential units in a proposed multifamily rental development are, for a period of not less than 30
years, affordable as defined in Section 420.0004, Florida Statues, and
WHEREAS, the City Edgewater supports affordable housing and finds it necessary to
amend the Land Development Code to establish policies, procedures, and regulations for
development of residential projects in alternative zonings pursuant to the Live Local Act, and
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.
1
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2024-0-34
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:
AN ORDINANCE OF THE CITY OF EDGEWATER,
FLORIDA, AMENDING ARTICLE II (DEFINITIONS),
ARTICLE III( PERMITTED, CONDITIONAL,
ACCESSORY, AND PROHIBITED USES), ARTICLE IV
(RESOURCE PROTECTION STANDARDS), AND ARTICLE
V (SITE DESIGN CRITERIA) OF CHAPTER 21 (LAND
DEVELOPMENT CODE) TO ESTABLISH STANDARDS
AND PROCEDURES FOR DEVELOPMENT OF
AFFORDABLE HOUSING PROJECTS IN COMMERCIAL,
INDUSTRIAL, AND MIXED USE ZONING DISTRICTS
PURSUANT TO CHAPTER 2023- 17, LAWS OF FLORIDA
(LIVE LOCAL ACT); PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY;
PROVIDING FOR AN EFFECTIVE DATE AND ADOPTION.
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 IV (Resource Protection Standards), and Article V (Site Design Criteria) as set forth
in Exhibit "A", Exhibit "B", and Exhibit "C" 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
&AWthFengh passes are deleted.
Underlined passaged are added.
2024-0-34
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.
PART F. ADOPTION.
PASSED AND DULY ADOPTED thist�h—day of 2024.
Gr
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Diezel DePew, Mayor
A'IITE$T!
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et
Bonnie ZlotniQCMC, City Clerk
Passed on first reading on the 1- day oa k 2024
REVIEWED AND APPROVED:
Aaron R. Wolfe Ci Attorney
Strike threugh passes are deleted.
Underlined passaged are added.
2024-0-34
Exhibit "A"
StFike thmugk passes are deleted.
Underlined passaged are added.
2024-0-34
ARTICLE II
DEFINITIONS
SECTION 21-20 - DEFINITIONS..............................................................................II-1
21-20.01 - Intent.......................................................................................................... II -1
21-20.02 - Definitions................................................................................................. II4
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ARTICLE II
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, hams, 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 DWELLING UNIT means a residential dwelling unit located on the
same lot as a primary residence as an attached or detached secondary dwelliniz with senarate
entrance. Also known as a Mother-in-law unit or Garage Apartment
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
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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.
Internal Revenue Code.
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 IS 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 median adjusted household gross annual income.
AFFORDABLE UNIT(S) means residential rental units that are considered Affordable to
eliRible households and meet at least forty percent (40%) of the total rental units in a
development.
AGRICULTURAL USE means the use of land in horticulture, floriculture, viticulture,
forestry, diary, livestock, poultry, beekeeping, pisciculture and all forms of farm products and
faun 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.
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2024634 II -2
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.
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 l to 3 feet where a
clearly defined channel does not exist, where the path of flooding is unpredictable and
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indeterminate and where velocity flow may be evident.
AREA OF SPECIAL FLOOD HAZARD means the land 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.
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 (1%) 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.
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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.
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 lines.
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 part 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.
BUILDABLE AREA means that portion of a lot remaining excluding the established
front, rear and side setbacks.
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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 e of —ans"d ""'`' or
the roof.
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
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)ICEMPORARY 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 tern 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 had
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 tern canopy
(freestanding).
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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 he 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 w 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.
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.
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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 6-483, and PL 97-117, 33 U.S.C. 1251 et seq., as amended by the Water Quality
Act of 1987, PL 100-4.
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.
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.
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COMMUNICATION ANTENNA means an antenna designed to transmit or receive
communications as authorized by the Federal Communications Commission (FCC).
COMMUNICATION TOWER 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 most notify the local
government that the home is licensed by the licensing entity.
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
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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
(drainage (f) roadways
ECONSTRUCTION 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
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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.
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:
CITY OF EDGEWATER LAND DEVELOPMENT CODE
2024-0-34 II -11
(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 161.021, 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 2 1 -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.
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 4-1/2 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,
CITY OF EDGEWATER LAND DEVELOPMENT CODE
2024-0-34 II -12
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.
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
CITY OF EDGEWATER LAND DEVELOPMENT CODE
2024-0-34 11-13
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.
ENVIRONMENTAL 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).
CITY OF EDGEWATER LAND DEVELOPMENT CODE
2024-0-34 11-14
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.
FDEP means the Florida Department of Environmental Protection.
FEATHER FLAG means a five (5) to fifteen (15) foot tall flag that is used to advertise
a company and draw attention to an event or business.
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FEMA means the Federal Emergency Management Agency.
FENCE means a barrier, usually comprised of wooden or metal posts, rails or chain link,
used as a boundary marker or means of protection, concealment and/or 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
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:
CITY OF EDGEWATER LAND DEVELOPMENT CODE
2024-0-34 11-15
(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 (1%) 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 (1%) 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
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 "Let 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."
CITY OF EDGEWATER LAND DEVELOPMENT CODE
2024-0-34 II -16
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.
GROCERY STORE means a retail business that has a minimum of 1.200 square feet
of fresh food including, but not limited to fruits, vegetables, meats, poultry, and seafood.
GROUND SIGN means 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.
GUY -WIRE means a tensioned cable designed to add stability to a freestanding
structure.
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 3817-41 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.
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
CITY OF EDGEWATER LAND DEVELOPMENT CODE
2024-0-34 II -17
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.
care.
HOSPITAL means an institution where the sick or injured are given medical or surgical
HOTEL see "MetelMOTEL."
HOUSING, EXTREMELY LOW-INCOME means according to the State of Florida
Statutes "one or more natural persons or a family whose total annual household income does
not exceed 30 percent of the median annual adiusted gross income for households within the
state. The Florida Housing Finance Corporation may adjust this amount annually by rule to
provide that in lower income counties. extremely low income may exceed 30 percent of area
median income and that in higher income counties, extremely low income may be less than 30
percent of area median income." Fla. Stat. &420.004 (2023)
HOUSING, LOW- INCOME means according to the State of Florida Statutes "one or
more natural persons or a family, the total annual adjusted gross household income of which
does not exceed 80 percent of the median annual adjusted gross income for households within
the state, or 80 percent of the median annual adjusted gross income for households within the
metropolitan statistical area (MSA) or, if not within an MSA, within the county in which the
person or family resides, whichever is greater." Fla. Stat. &420.004 (2023)
HOUSING, MODERATE- INCOME means according to the State of Florida Statutes
"one or more natural persons or a family, the total annual adiusted gross household income of
which is less than 120 percent of the median annual adiusted gross income for households
within the state. or 120 percent of the median annual adjusted gross income for households
within the metropolitan statistical area (MSA) or, if not within an MSA, within the county in
which the person or family resides, whichever is greater." Fla. Stat. &420.004 (2023)
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 Municipal
Separate Storm Sewer System (MS41 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,
CITY OF EDGEWATER LAND DEVELOPMENT CODE
2024-0-34 II -18
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.
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.
INTERNET/SWEEPSTAKES CAFE 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 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 (5) 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.
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2024-0-34 11-19
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.
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.
LIVE LOCAL ACT(CS/SB 102) means a Florida Statute originally pass on July 1,
2023, which provides a statewide attainable housing strategy, designed to increase the
availability of affordable housing by providing special incentives to developers.
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 land, 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".
CITY OF EDGEWATER LAND DEVELOPMENT CODE
2024-0-34 II -20
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.
LOT LINE, FRONT 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 part 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
CITY OF EDGEWATER LAND DEVELOPMENT CODE
2024-0-34 II -21
or resin that is dispensed only from a dispensing organization.
MAJOR TRANSIT STOP means a location alone selected points of a transportation
route, such as a bus, train, or light rail, which picks up, drops off, or transfers passengers at a
transit stop shelter or hub, but excludes vehicle repairs or storage facilities.
MAJOR TRANSPORTATION HUB means any bus, train, or light rail station which
provides public transit with a mix of transportation options.
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
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
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 19year 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
CITY OF EDGEWATER LAND DEVELOPMENT CODE
2024-0-34 II -22
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 (1) 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
travel trailer is not classified as a mobile home.
MOBILE HOME PARK 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 otherwise 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.
CITY OF EDGEWATER LAND DEVELOPMENT CODE
2024-0-34 II -23
MODULAR HOME 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.
MONOPOLE TOWER means a telecommunication tower consisting of a single pole or
spire self stippa4edself-supported by a permanent foundation, constructed without guy wires and
ground anchors.
MOTEL 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 SEWER SYSTEM (MS4) 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) owned 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 stormwater, 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 muniraipality :ft the Ge tycity. town, or
village.
MURAL means a work of art that is hand -painted, hand -tiled, or digitally printed image
on the exterior surface of a building. A mural is not a sign and shall not constitute advertising or
commercial messages with the brand name, product name, company business name or logo,
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.
CITY OF EDGEWATER LAND DEVELOPMENT CODE
2024-0-34 II -24
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 MULTI -FAMILY COMPLEX (LEGAL) means any multi-
family structure erected after the adoption of the affordable housing act CS/CS/SB 328 from
February 28, 2024 and does not comply with the development's affordability period
requirements.
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.
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.
CITY OF EDGEWATER LAND DEVELOPMENT CODE
2024-0-34 II -25
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-way's 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 17-3.041 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;
(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.
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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.
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 "replat", "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.
CITY OF EDGEWATER LAND DEVELOPMENT CODE
2024-0-34 II -27
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 department or branch of eovemmental, municiaal, agency
States.of the Gity, Volusia County, the State. of r1sridFi Ar the United ounty, or state agency
located within 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.
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
CITY OF EDGEWATER LAND DEVELOPMENT CODE
2024-0-34 II -28
at least fifty-one percent (51%) 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.
ROADWAY/STREETS means public or private roads falling into one of several
categories, more particularly defined as follows:
Expressway means a limited access facility of four (4) 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 (I) 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.
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.
ROOF LINE means the top edge of the roof or the top of a parapet; whichever
forms the top line of the building silhouette.
CITY OF EDGEWATER LAND DEVELOPMENT CODE
2024-0-34 II -29
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 HIGHWATER 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 constructed without
guy wires and ground anchors.
SEMI -TRAILER see "Vehic-Ie Cemme 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 (T) foot in height, immediately after planting.
Plants shall be spaced no more than three (3') feet apart measured from center to center.
CITY OF EDGEWATER LAND DEVELOPMENT CODE
2024-0-34 II -30
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:
CITY OF EDGEWATER LAND DEVELOPMENT CODE
2024-0-34 II -31
Common Name
Botanical Name
Inches BH
Elm
Ulmus spp.
12 plus
Hickory
Carya spp.
12 plus
Loblolly Bay
Gordonia lasianthus
12 plus
Magnolia
Magnolia grandiflora
12 plus
Maple
Acer spp.
12 plus
Other Oak Species
Quercus spp.
12 plus
Red Bay
Persea borbonia
12 plus
Red Cedar
Juni erus silicicola
12 plus
Swamp Bay
Persea palustris
12 plus
Sweet Bay
Magnolia vir iniana
12 plus
Sweet Gum
Liquidambar styraciflua
12 plus
Sycamore
Platanus 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 Barrier 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
used, for the storage of hazardous substances at a facility.
CITY OF EDGEWATER LAND DEVELOPMENT CODE
2024-0-34 1I-32
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.
SUBDIVISION means the platting of real pFepef yd vision of land into three (3) or more
lots, parcels, tracts, tiers, blocks, sites, units or any other division of land, and includes
establishment of new streets and alleys, additions, and resubdivisions 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 means 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 I -foot vertical.
SWIMMING POOL means a body of water in an artificial or semi-public or private
CITY OF EDGEWATER LAND DEVELOPMENT CODE
2024-0-34 II -33
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 nen self prepellednon-self-propelled wheeled vehicle licensed by
the State of Florida as a trailer, not otherwise regulated herein as "Commercial", "Watercraft" or
"Recreational".
CITY OF EDGEWATER LAND DEVELOPMENT CODE
2024-0-34 II -34
TRAILER SIGN means any sign mounted on a vehicle normally licensed by the State of
Florida as a trailer.
TRANSIT STOP SHELTER means a covered waiting area which has a small-scale
protection from weather and allows access to nearby services, as well as a waitin,> area for
buses, taxis, trains or light rails.
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 120 square feet or less.
CITY OF EDGEWATER LAND DEVELOPMENT CODE
2024-0-34 II -35
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
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.
Florida
VEHICLE, LICENSED means any vehicle which is currently licensed by the State of
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
CITY OF EDGEWATER LAND DEVELOPMENT CODE
2024-0-34 II -36
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.
VESTED RIGHTS, STATUTORY See Article I. 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
Title 40 Code of the Federal Reeulations (CFR) §LMR -ea_ 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 wellfield.
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 wellfield 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.
CITY OF EDGEWATER LAND DEVELOPMENT CODE
2024-0-34 II -37
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-
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
CITY OF EDGEWATER LAND DEVELOPMENT CODE
2024-0-34 II -38
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
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
2024-0-34 II -39
ARTICLE III
PERMITTED, CONDITIONAL, ACCESSORY AND PROHIBITED USES
SECTION 21-30 — GENERAL PROVISIONS.................................................................... III -1
21-30.01 — Purpose................................................................................................................ III -1
21-30.02 — District Boundaries.............................................................................................. III -1
21-30.03 — Application of Districts....................................................................................... III -2
21-30.04 — Official Zoning Map............................................................................................ III -2
21-30.05 — Comprehensive Plan Consistency....................................................................... III -3
SECTION 21-31— COMPREHENSIVE PLAN RELATIONSHIP ................................... III -3
21-31 - Table III-1................................................................................................................. III -4
SECTION 21-32 — ZONING DISTRICT DESCRIPTIONS ............................................... III -4
21-32.01 — Zoning District Descriptions............................................................................... III -4
21-32.01— Table III-2............................................................................................................ III -5
SECTION 21-33 — USES AND RESTRICTIONS............................................................... III -6
21-33.01— Purpose................................................................................................................ III -6
21-33.02 — Permitted Uses.....................................................................................................III-6
21-33.03 — Conditional Uses................................................................................................. III -6
21-33.04 — Accessory Uses.................................................................................................... III -6
21-33.05 — Table III-3............................................................................................................ III -7
SECTION 21-34 — SPECIAL USE REQUIREMENTS....................................................
III -13
21-34.01
— Home Occupations............................................................................................
III -13
21-34.02—
Community Residential Homes (CRH)..............................................................III-14
21-34.03
— Adult Living Facilities (ALF)...........................................................................
III -15
21-34.04
— Salvage Yards....................................................................................................
III -15
21-34.05
— Refuse and Dumpsters.......................................................................................
III -16
21-34.06
— Kennels..............................................................................................................
III -17
21-34.07
— Mini-warehouses...............................................................................................
III -17
21-34.08
— Bed & Breakfasts...............................................................................................
III -18
21-34.09
— Nursing Homes..................................................................................................
III -18
21-34.10
— Residential Professional Offices........................................................................
III -18
SECTION 21-35 — PROHIBITED USES............................................................................ III -19
21-35.01 — Alcoholic Beverages.......................................................................................... III -19
SECTION 21-36 — ACCESSORY USE REQUIREMENTS ............................................. III -18
21-36.01 — Purpose.............................................................................................................. III -19
21-36.02 — General Regulations.......................................................................................... III -19
21-36.03 — Outdoor Storage and Display: Commercial/Industrial...................................... III -20
21-36.04 — Satellite Dishes and Antennas........................................................................... III -22
CITY OF EDGEWATER LAND DEVELOPMENT CODE
2018-0-28 III -i
21-36.05 — Places of Worship — Schools/Child Care........................................................... III -21
21-36.06 — Boathouses......................................................................................................... III -23
21-36.07 — Boat Docks and Slips......................................................................................... III -23
21-36.08 — Canopies/Temporary Carports and Tents.......................................................... III -23
21-36.09 — Swimming Pools................................................................................................ III -24
SECTION 21-37 — SPECIAL ACTIVITY/PERMIT REQUIREMENTS ....................... III -27
21-37.01 — Purpose/Scope................................................................................................... III -27
21-37.02 — Definitions......................................................................................................... III -27
21-37.03 — Special Activity Permit Requirements.............................................................. III -28
21-37.04 — Special Activity Permit Application Process .................................................... III -28
21-37.05 — Special Activity Permit Criteria........................................................................ III -29
21-37.06 — Temporary Structures........................................................................................ III -29
21-37.07 — Inspections to Ensure Compliance.................................................................... III -29
21-37.08 — Penalties............................................................................................................. III -30
21-37.09 — Exceptions......................................................................................................... III -30
SECTION 21-38 — FENCES, WALLS and HEDGES ....................................................... III -30
21-38.01 — Purpose.............................................................................................................. III -30
21-38.02 — General Requirements....................................................................................... III -30
21-38.03 — Site Triangle Requirements............................................................................... III -31
SECTION 21-39 — PAIN CLINICS..................................................................................... III -32
21-39.01— Purpose.............................................................................................................. III -32
21-39.02 — General Requirements....................................................................................... III -33
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
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
2018-0-28 III -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 line or right-of-way
line of highways, such district boundaries shall be construed as being parallel thereto and such
distance therefrom as indicated on the zoning maps. If no distance is given, such dimension
shall be determined by measuring from the Official Zoning Map;
h. Where a public road, street or alley is officially vacated or abandoned, the location of the
zoning district boundaries shall be the center line of the vacated right-of-way;
i. Where physical or cultural features existing on the ground are different from those shown on
the Official Zoning Map, or in case any other uncertainty exists, the Development Services
Director/Planning Director shall interpret the intent of the Official Zoning Map as to the
location of district boundaries.
21-30.03 — Application of Districts
Except as provided in Section 21-71 — Non -Conforming Uses, the enlargement, alteration,
conversion, relocation, rehabilitation, or reconstruction of any structure or building shall be in
accordance with regulations of the district in which said structure or building is located as well as
all applicable regulations of this Article.
All use of land and/or water shall be done so only in accordance with the applicable requirements
of this Article.
21-30.04 — Official Zoning Map
a. The City of Edgewater is hereby divided into zoning districts and shown on the Official Zoning
Map as amended by the City Council. The Official Zoning Map shall be identified by the
signature of the Mayor, attested by the City Clerk and bearing the seal of the City under the
following words: "This is to certify that this is the Official Zoning Map referred to in Chapter
21, of the Code of Ordinances."
b. No changes shall be made in the Official Zoning Map except as provided herein in Article IX.
Any unauthorized change of any kind by any person, or persons, shall be considered a violation
of this Article and be subject to the applicable enforcement provisions described in Article X.
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 DEVELOPMENT CODE
2018-0-28 III -2
21-30.05 — Comprehensive Plan Consistency
The regulations contained herein are consistent with and implement the Comprehensive Plan
policies contained in the Future Land Use Element, Housing Element, Coastal Element and
Conservation Element.
SECTION 21-31— COMPREHENSIVE PLAN RELATIONSHIP
Table III -1 shows which zoning categories are consistent with and implement the land use
categories in the Comprehensive Plan, particularly the Future Land Use Map (FLUM).
(See Page III -4)
CITY OF EDGEWATER LAND DEVELOPMENT CODE
2018-0-28 III -3
TABLE III -1
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, R-4, RPUD, MH -I, 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, B-4, BPUD, MUPUD
Industrial
I-1, I-2, IPUD, MUPUD
Recreation
CN, RT, AG, R-1, R-2, R-3, R-4, R-5,
RPUD, RP, MH -1, MH -2, B-2, B-3, B-4,
BPUD, I -I, 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
R-5', RPUD, BPUD, IPUD, MUPUD, EC,
Minimum 15 acres; to 12 DU/net acre
CC
Sustainable Community Development
SCD/PUD
See SCD Sub -Element of the City of
Edgewater Comprehensive Plan
DU = Dwelling Units
'= Only applicable to Projects approved under the Live Local Act per SB 102, Florida Statute
125.01055(7)
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.
CITY OF EDGEWATER LAND DEVELOPMENT CODE
2018-0-28 111-4
(See Page III -5)
TABLE III -2
ZONING DISTRICT DESCRIPTIONS
Zoning District Title
Category
Purpose and General Description
Conservation
CN
Protection of wetlands aquifer recharge & environmentally sensitive areas.
Rural Transitional
RT
Provide for limited agriculture and provide for a transition between rural and
residential land uses—min. I acre lot.
SF Residential
R-1
Single family residential — I.0 to 4.0 units/net acremin. 12,000 sq. ft. lot.
SF Residential
R-2
Single family residential — I.0 to 4.0 unitstnet acremin. 10,000 sq. ft. lot
SF Residential
R-3
Single family residential — I.0 to 4.0 unitstnet acre min. 8,625 lot.
SFW Residential
R-4
Medium density residential (4.1 to 8.0 units/net acre) — single family, duplex,
nd townhouses.
MF Residential
R-5
High density residential (8.1 to 12.0 units/net acre) — single family, duplex,
apartments, and townhouses.
Recreation
R
This zoning category includes parks and recreation facilities owned by the City,
as well as recreation facilities located at area schools that are under lease to the
City. This category includes land committed to both active and passive
recreational uses.
Residential Planned Unit
RPUD
Intended for mixed residential, personal service and limited retail commercial
Development
with a single development plan.
Residential Professional
RP
Intended for office professional and personal service along SR4442 and a
rezoning must be accompanied by a site plan.
Mobile Home Park
MH -1
Medium density residential (5.1 to 8.0 units/acre). Provide for mobile home parks
— min. 5 acre parcel See Sec. 21-71 for Non -Conforming Parks).
Manufactured Home Subdivision
MH -2
Medium density residential (5.1 to 8.0 units/acre). Provide for manufactured
home subdivisions — min. 50 acre parcel.
Neighborhood Business
B-2
Intended for retail goods and services for frequent residential needs— min. 10,000
sq. ft.
Public/Semi-Public
P/SP
Consists of public facilities and private not-for-profit uses such as churches,
schools, and cemeteries. All other public lands and facilities, including but not
limited to, government offices, post offices, hospitals, utility sub -stations, water
and wastewater treatment plants, fire stations, and libraries are also included in
this category.
Highwav Commercial
B-3
Intended for high volume highway related commercial uses— no min. parcel size.
Tourist Commercial
B4
Intended for short term waterfront accommodations for visitors and accessory
uses, may include residential mixed use — min. 2 acres.
Business Planned Unit
BPUD
Intended for mixed commercial and limited multifamily residential with a single
Development
development plan
Light Industrial
1-1
Intended for storage, light manufacturing, wholesaling and distribution uses and
adult entertainment — no min. parecl size.
Heaa Industrial
I-2
Intended for heavy manufacturing uses — no min. parcel.
Industrial Planned Unit
IPUD
Intended for mixed industrial and limited commercial with a single development
Development
Plan.
Agriculture
AG
Intended for general agriculture uses — min. 2.5 -acre parcel —temporary or hold
zoning intended for future urban development.
Employment Center/Community
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 City.
Mixed Use Planned Unit
MUPUD
Intended for innovative mixed use developments to include, but not be limited to
Development
commercial, light industrial and residential.
Sustainable Community
SCD/PUD
See SCD Sub -Element of the City of Edgewater Comprehensive Plan.
Development/Planned Unit
Development
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 III -3) means that it is permissible in that zoning
district as a matter of right, subject to satisfactory compliance with the project design standards
found in the Land Development Code and any applicable site plan review requirements in the Land
Development Code.
The list of permitted uses cannot be all inclusive. The uses described in Table III -3 shall be
interpreted by the Development Services Director/Planning Director to include other uses that have
similar impacts to those listed. Any dispute or request regarding interpretations shall be resolved
by the City Manager subject to an appeal to the City Council.
All permitted uses or businesses requiring 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 III -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 III -6
SEC'T'ION 21-33.05
TABLE III - 3
PERMITTED (P), CONDITIONAL (C), AND ACCESSORY (A) USES
ZONING DISTRICTS
. ,.
eee�ee�eeeeeeee�®®eases
,
Alminum Can Tmiuder Facility
e.000seee.eeeoeeseee.�aa
Automobile Paint & Body (7)(17)
Automobile Repair — Indoor (7)
Automobile Sewice (7)
Bed & Breakfast (3)
Boat Building& Repair
Boat Sal� and Leming
.:.
��seeeoeeeeeeese�.��saa
eeeeseoee®aeeeeeeeesesaa
CITY OF EDGEWATER LAND DEVELOPMENT CODE
2018-0-28 III -7
SECTION 21-33.05
TABLE III — 3
PERMITTED (P), CONDITIONAL(C), AND ACCESSORY (A) USES (cont'd)
. ,.
eeeeeeee�e®®eee�®®sasses
:. , ,
e�eeeeeeeoeaee�a����oeaa
Kernels & Boarding
(4)
Marina Related Industrial
Machine Shop/Repair
Mobile Home Sales
Club / Lounge/Bar
_A&t
OutdoorStorage
(7)
��eeeeeee��eeeee���e��aa
Places
'.:'..'
e�oeeeeee��eee�a���eeeaa
����e���ee�eeeeeeee�eoaa
FIRROM
CITY OF EDGEWATER LAND DEVELOPMENT CODE
2018-0-28 III -8
SECTION 21-33.05
TABLE III — 3
PERMITTED (P), CONDITIONAL (C), AND ACCESSORY (A) USES (cont'd)
ZONING DISTRICTS
USE. STRUCTURE, OR ACTIVITY
AG CN
RT
R-
1
R-
2
R-
3
R-
4
R -S
RPUD
RP
MH-
1
MH -
2
B-2
B-3
B-4
BPUD
1 1-1
1-2
IPUD
P/SP
EC
CC
MUPUD
SCD/PUD
Recreational Uses R' 13
P C
P
P
P
P
P
P
C
C
A
A
P
P
C
C
C
C
C
P
C
C
C
C
Research Facilities
C
P
C
P
P
C
C
C
C
Residential—ALF 9
P
P
P
P
P
P
P
C
C
C
C
C
C
Residential - Communi Home 8
P
P
P
P
P
P
P
C
P
P
C
C
C
C
C
Residential —Du lex IS
P
P
C
C
C
C
C
Re idential—Multifamil (10)(15
P
P
C
L 23
L 23
L 23
C
L(231
L(23)
C
C
Residen4ol—Manufecmed/ Mobile Homes
P
P
C
P
P
C
C
C
Residential—Modular Home
P
P
P
P
P
P
P
C
P
C
C
C
C
C
Residential —Sin Ie Family IS)
P
P
P
P
P
P
P
C
C
C
C
C
C
Relmmms
L(22)
C
A
P
P
A
C
C
C
C
C
C
C
Re
l—General
L22
C
P
P
A
C
A
A
C
A
C
C
RV & Boat Stom e
C
A
C
C
A
C
P
P
C
C
C
C
Salvage Yards 11
C
smellite Dishes
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
Schools — Public
P
P
P
P
P
P
P
C
P
C
P
P
C
C
C
C
P
C
C
C
S Dols—Private
C
C
Q22)
C
C
A
C
P
C
C
C
C
C
P
C
C
C
Shopping Center
C
C
P
C
C
C
C
C
C
silviculture
P I
C
Tamw Parlor/Body- PiercinStudio 22
P
P
Telecommunication - Unmanned
P
P
P
P
P
P
P
C
P
PP
P
P
C
P
P
C
C
C
C
co
Telemmunication Towers 2
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
Theaters
C
P
C
C
C
C
Tuck Freight Terminal
P
C
C
C
C
Wmehousin &Sro e
P
C
C
P
P
C
C
C
C
Wholesale &Distribution
P
C
C
P
P
C
C
C
C
Wrecker/Tow Tmck Service
P
P
C
P
P
C
C
C
C
* R — Recreation Zoning District, Recreational Uses permitted only
CITY OF EDGEWATER LAND DEVELOPMENT CODE
2018-0-28 111-9
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.
1. See Satellite Dishes, Section 21-36.04 — Dishes greater than 39 centimeters in diameter
are required to obtain a building permit and otherwise conform to the site development
criteria.
2. See Telecommunications, Article XII for details.
3. See Bed & Breakfast, Section 21-34.08 for details.
4. See Kennels/Boarding, Section 21-34.06 for details.
5. 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 Adolt 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 permitted as a conditional use in the R-2 district
for certain properties abutting State Road #442. 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.
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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. Internet/Sweepstakes Cafes 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 Internet/Sweepstakes Cafe locations, in operation and in
compliance with chapter 205 and 849 Florida Statute, and 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 Internet/Sweepstakes Cafe 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 Internet/Sweepstakes Cafe deemed a nonconforming
use dedicated less than 25% of its square footage to internet/sweepstakes activity in the
original Iocation prior to the expansion or relocation, and 2) the Internet/Swedpstakes
Cafe dedicates less than 25% of its square footage to internet/sweepstakes activity after
the expansion or relocation.
a. No person or entity shall propose, cause or permit the operation of, or
enlargement of Internet/Sweepstakes Cafds 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,
Internet/Sweepstakes Cafes shall not be allowed to open anywhere except in the
I-1 district (with the exception of parcels having frontage on Park Avenue)
where Intemet/Sweepstakes Cafes is an expressly permitted use.
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.
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21. See Pain Clinics, Section 21-39 for details.
22. Pawn Shops and Tattoo Parlors/Body Piercing Studios are permitted by right in the B-
3, Highway Commercial zoning district and allowed by right within the I-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 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 require
to conform to the standards established herein. 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. The following
standards must be met in order for a Pawn Shop or Tattoo Parlor/Body Piercing Studio
to operate in the B-3, Highway Commercial zoning district:
a. No Pawn Shop or Tattoo Parlors/Body Piercing Studios shall be located within
250 feet of a preexisting commercial establishment that in any manner sells or
dispenses alcohol for on -premises consumption, within 250 feet of a preexisting
religious institution, within 500 feet of a preexisting public park, or within 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 am.
c. No part of the interior of the Pawn Shop or Tattoo Parlor/Body Piercing Studio
shall be visible from any pedestrian sidewalk, walkway, street, or other public
or semi-public area.
d. No more than one Tattoo Parlor/Body Piercing Studios or Pawn Shop may be
located within 500 feet of another Tattoo Parlor/Body Piercing Studios or Pawn
Shop.
23. "L" denotes the acceptable commercial uses required in a mixed use project pursuant
to a Multi -family development utilizing SB 102.
24. The City of Edgewater currently has less than 20 percent of land containing
commercial and industrial zoning designations. As such (Pursuant to Senate Bill 102,
known as the "Live Local Act") multifamily development in areas zoned commercial
or industrial use are only allowed if the proposed multifamily development is mixed-
use residential. For mixed-use residential projects, at least 65 percent of the total
square footage must be used for residential purposes. As such, Any multifamily
projects occurring in Commercial or Industrial zoned districts per Senate Bill 102.
known as the "Live Local Act", must adhere to the requirements of the R-5
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Multifamily zoning. Any Live Local Act site plan must adhere to the standards of the
R-5 zoning district and corresponding multi -family requirements found throughout
the land development code.
LE
SECTION 21-34 — SPECIAL USE REQUIREMENTS
The following uses are subject to the special restrictions described below in addition to the
applicable natural resource standards described in Article IV and the project design standards
described in Article V.
21-34.01— Home Occupations
The purpose of this Section is to provide criteria under which a home occupation may operate in
the City's residential districts. The Home 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.
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h. The use of typewriters, computers, printers, photocopiers and fax machines will be permitted
for office use and small machinery such as hand drills and small jigsaws for hobbyist uses.
Hobbyist uses shall be limited to $500 in total inventory.
i. All home occupations shall be required to obtain a home 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.
1. An applicant may appeal the denial of an application to the City Council pursuant to the
requirements of the Land Development Code.
m. 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.
21-34.02— 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 located.
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 16 square feet.
f. The CRH shall provide a minimum 4 -foot (4') high fence on all property lines.
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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.
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.
21-34.04 — 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 I-2 zoning district.
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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.
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 located on-site for placement of construction
debris for all new construction and additions exceeding 600 -square feet.
f. Containment areas and construction project areas shall be maintained in a clean and orderly
manner at all times so as to not produce a nuisance.
g. Newly developed/redeveloped non-residential projects and multi -family projects over four (4)
units shall provide an adequate quantity of on-site dumpsters.
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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.
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 be screened from the public right-of-way by a minimum of a
six foot (6') high stockade fence or masonry wall with a ten foot (10') wide landscape buffer
planted adjacent to the street side on all boundaries facing residential districts. Existing sites
with chain link fence may be enclosed with slatting. New sites shall require stockade fencing,
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.
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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.
21-34.08 — Bed & Breakfasts
a. Bed and breakfast accommodations, as defined in Section 21-20 shall require off-street parking
at 1 space/bedroom, plus residential parking requirements.
b. Landscaping shall be provided as required for hotel/motel uses.
c. One (1) sign not to exceed six (6) square feet.
d. A City 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.
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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.
2. Ground Sign Setback. The leading edge of the sign shall be setback a
minimum often 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.
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
21-35.01 — 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,
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.
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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.
i. No accessory building may be located within any required parking area, landscape area or
stormwater facility area.
j. Accessory buildings shall be limited to 2 per parcel.
k. The total square feet of all accessory buildings and/or storage sheds shall not exceed sixty
percent (60%) 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. ft. 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
fagade 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: CommerciaVIndustrial
The purpose of this Section is to provide regulations for the location of outdoor storage and display
facilities where such storage is an accessory use and a part of normal operations on the premises.
a. Outdoor storage and display may be permitted in conjunction with the uses allowed in certain
commercial and industrial districts as indicated in Table III -3. Such outdoor storage or display
shall not be located adjacent to any residential district or use unless such storage or display is
screened from the view of the neighboring residential district or use.
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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.
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
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.
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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
involves the reception or transmissions of wireless communication signals shall be considered
commercial uses.
b. Pursuant to the Federal Telecommunications Act of 1996, satellite dishes 39 centimeters
(approximately 36 inches) or less in diameter shall not require an installation permit.
c. A satellite dish greater than 36 inches (36") in diameter shall require a building permit from
the City.
d. Except as provided in Article XII, antennas and satellite dishes greater than 36 inches in
diameter shall be set back five feet (5') from side and rear lot lines or easements.
e. No satellite dishes larger than 39 centimeters (approximately 36 inches) or antennas shall be
permitted in the front yard of any parcel.
f The required setback shall be measured from the closest point of the outermost edge of the
antenna or satellite dish to the property line.
g. Except as provided in Article 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.
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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. Height of boathouses: No boathouse shall be erected or altered to a height exceeding fifteen
(15') feet from mean high water.
b. Boathouse setback: No boathouse shall be built less than five (5') feet from the established
bulkhead line or less than ten (10') feet from any side lot line. If no bulkhead line is established,
then the mean high tide watermark shall be used as the line of measurement.
c. Accessory building attached to boathouse: No accessory building which is attached to a
boathouse and a part thereof shall be erected or altered less than twenty (20') feet away from
the established bulkhead line. If a bulkhead line is not established, then the mean high water
mark shall be used as the line of measurement.
d. Detached accessory building to boathouse: A detached accessory building to a boathouse is
prohibited in the R-1, R-2, R-3, R-4 and R-5 residential districts.
e. Area of boathouses: No boathouse or similar structure shall exceed twenty (20') feet in width
measured on a line parallel to the established bulkhead line or exceed forty (40') feet in depth
measured at right angles to the established bulkhead line. If a bulkhead line is not established,
then the mean highwater mark shall be used as a line of measurement.
21-36.07 — Boat Docks and Slips
a. Boat docks and slips for mooring pleasure boats, yachts and non-commercial watercraft shall
be permitted in accordance with Volusia County's Manatee Protection Plan in any residential
district as an accessory use to the residential use.
b. If no bulkhead line is established, then the mean highwater mark shall be used as the line of
measurement.
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.
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1. All tie downs must be secured to solid, immoveable objects such as: mobile home anchors,
concrete driveways, buildings, etc., or as per manufacturer's installation instructions or
engineer's specifications.
2. All tie down leads must be a minimum of 3/16" galvanized or stainless steel cable or a
minimum of 3/8" true nylon rope, (not polyethylene, polypropylene or polyester) or sized
as per manufacturer's installation instructions or engineer's specifications.
3. It is forbidden to use concrete blocks or weights of any kind as a method of tie down,
because attaching weight or other moveable objects to canopies/temporary carports and
tents 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 terms shall have the respective meanings ascribed to them:
Residential swimmingpool: Any swimming pool used or intended to be used solely by the owner,
operator or lessee thereof and his family, and by guests invited to use it without charge or payment
of any fee.
Swimming Pool: A body of water in an artificial or semi-public or private swimming setting or
other water -related recreational activity intended for the use and enjoyment by adults and/or
children, whether or not any charge or fee is imposed upon such adults or children, operated and
maintained by any person, and shall include all structures, appurtenances, equipment, appliances
and other facilities appurtenant to and intended for the operation and maintenance of a swimming
pool. This definition shall include whirlpools, spas, and hot tubs unless separately identified and
shall exclude 110 -volt plug-in Jacuzzi/hot tubs.
Wading pool: Any pool with a surface area of less than two hundred fifty (250) square feet and
less than twenty-four (24) inches in depth at any point. Wading pools shall not be required to
comply with this Article.
b. Permit — Application; plans and specifications
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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.
c. Structural Requirements
1. General: All swimming pools whether constructed of reinforced concrete, pneumatic
concrete, steel, plastic or others, shall be designed and constructed in accordance with
the requirements of the Florida Building Code, 424 and accepted engineering
principles.
d. Location
1. Front yard and side corner 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
1. 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.
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E Filtration and recirculation system
All swimming pools shall be equipped with a filtering and recirculation system and such systems
shall be compliant with all applicable requirements as set forth by the American National
Standards Institute.
g. Electrical wiring
All electrical wiring must comply with the National Electrical Code (NEC)
h. Plumbing
When plumbing is connected to City service for water supply, all plumbing shall be in strict
accordance with the local plumbing code. When water is supplied from sources other than City
connected service to family pools, then plastic pipe stamped and approved one hundred (100) by
an ASTM laboratory may be accepted, if inspected and approved by a licensed plumbing inspector.
i. Discharge water
Water being discharged from the pool or from the back flushing of the filtering system may be
discharged to a storm sewer, dry well, seepage pit, or through an irrigation system or other
approved method by the City. Discharge water may not be discharged into a sanitary or combined
sewer.
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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Overflow Skimmer
A beam overflow skimmer shall be required and be designed so that debris caught in it will not be
washed back into the pool by water movements.
SECTION 21-37 — SPECIAL ACTIVITY/PERMIT REQUIREMENTS
21-37.01— Purpose/Scope
To establish policies and procedures pertaining to special activities, including but not limited to,
outdoor entertainment, to ensure compliance with all applicable City, County and State
requirements. A special activity permit will be required of all special activities held within the
City of Edgewater.
21-37.02 — Definitions
Charitable event/activity — is an event/activity or cause sponsored by a business or non-profit
organization for the purpose of soliciting aid, assistance or contributions for benevolent purposes.
To qualify as a charitable event/activity; all profits (net difference of gross revenues less expenses)
must be given to the charitable cause for which the charitable event/activity was organized. For
purposes of this definition, a charitable event/activity 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 event/activity does not include
an event/activity with the primary purpose of carrying on propaganda or otherwise attempting to
influence legislation, and does not include an event/activity with the primary purpose of raising
funds or garnering support for a political campaign on behalf of (or in opposition to) any candidate
for public office.
City 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 form of music, singing, speaking or similar activities that
are enhanced by amplification equipment. This includes bands, concerts, performances, karaoke
and disk jockey functions.
Outdoor entertainment — entertainment in the form of music, singing, speaking and similar
activities, amplified or non -amplified that is located outside of or partially outside of the area of
the sponsoring property permitted for normal retail sales or services.
Private business - any business enterprise operating for the purpose of creating a profit.
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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 (5) 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 30n'; and
2. One 10 -day period and two 1 -day charitable events/activity between the period of
July I" through December 31'.
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.
21-37.05 — 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, fire, 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 be exempt from any and all fee requirements. This
decision shall be rendered by the City Council and any waiver granted regarding these
requirements is only binding and applicable upon that one activity or portion thereof and shall not
mean that the sponsor/promoter has any rights to future waivers.
SECTION 21-38 — FENCES, WALLS and HEDGES
21-38.01— Purpose
The purpose of this Section is to set forth the standards necessary to regulate the use of fences.
21-38.02 — General Requirements
The following regulations shall apply to the erection of fences and walls.
a. All fencing materials must comply with the definition in Article II 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
CITY OF EDGEWATER LAND DEVELOPMENT CODE
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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.
h. Fences with barbed wire shall be prohibited in conjunction with residential development. In
nonresidential development, up to three (3) strands of barbed wire may be installed at the top
of a fence. For regulatory purposes, barbed wire shall not be included in the measurement of
the fence height. In no case shall barbed wire be allowed to overhang or extend outside of the
property lines of the site on which the fence is installed, nor shall any barbed wire be installed
at a height of less than six -feet (6') with the exception of agriculturally zoned property.
i. Electric or electrified fences 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.
1. 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 Y2') 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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These regulations may also apply in commercial ingress and egress driveway areas if the TRC
determines that a safety hazard may exist.
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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217-39.02 — 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 the 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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1. 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 of at 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 time 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 IV
RESOURCE PROTECTION STANDARDS
SECTION 21-40 - GENERAL PROVISIONS......................................................................IV-1
21-40.01 - Purpose................................................................................................................. IV -1
SECTION 21-41- WETLANDS.............................................................................................IV-1
21-41.01 - Comprehensive Plan Reference........................................................................... IV -1
21-41.02 - Wetland Identification..........................................................................................IV-1
21-41.03 - Permit Requirements............................................................................................IV-2
21-41.04 - Buffer Requirements............................................................................................IV-2
SECTION 21-42 - FLOOD PLAINS......................................................................................IV-2
21-42.01 - Comprehensive Plan Reference...........................................................................IV-2
21-42.02 - Administration......................................................................................................IV-2
21-42.03 - Definitions..........................................................................................................IV-18
21-42.04 - Flood Resistant Development............................................................................IV-23
SECTION 21-43 - WELLFIELD PROTECTION..............................................................IV-29
21-43.01 - Comprehensive Plan Reference.........................................................................IV-29
21-43.02 - Designation of Wellfield Protection Zones(WPZ)............................................IV-29
21-43.03 - Wellfield Protection Zone Permits..................................................................... IV -29
21-43.04 - Wellfield Protection.Zone Standards..............................................................IV-30
21-43.05 - Exemptions.........................................................................................................IV-31
21-43.06 - Enforcement and Appeals..................................................................................IV-31
SECTION 21-44 - GROUNDWATER RECHARGE AREAS..........................................IV-32
21-44.01 - Comprehensive Plan Reference.........................................................................IV-32
21-44.02 - Designation of Recharge Areas..........................................................................IV-32
21-44.03 - Recharge Area Development Standards.............................................................IV-32
SECTION 21-45 - SENSITIVE HABITAT AREAS..........................................................IV-33
21-45.01 - Comprehensive Plan Reference.........................................................................IV-33
21-45.02 - Development Thresholds & Exemptions...........................................................IV-33
21-45.03 - Listed Species Assessment Procedures..............................................................IV-33
SECTION 21-46 — OPEN SPACE........................................................................................IV-34
21-46.01 - Comprehensive Plan Reference.........................................................................IV-34
21-46.02 - Open Space Standards........................................................................................ IV -34
Sections 21-47 through 21-48 reserved for future use.
2024-0-05
ARTICLE IV
RESOURCE PROTECTION STANDARDS
SECTION 21-40 - GENERAL PROVISIONS
21-40.01- Purpose
The purpose of this Article is to establish the criteria for the protection, maintenance,
enhancement and utilization of natural resources within the City of Edgewater in accordance
with the adopted Comprehensive Plan. In conformance with the requirements of the
Comprehensive Plan, standards and criteria contained herein implement the specific
Comprehensive Plan.
In addition to City-wide resource protection standards contained in this Article, the City of
Edgewater has adopted the Indian River Boulevard 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 Standards and Article XX, Ridgewood Avenue Corridor
Design Regulations include specific treatment for conservation lands located adjacent to Indian
River Boulevard and Ridgewood Avenue. While Article XVIII shall generally supersede the
requirements set forth in Article IV, Resource Protection Standards, the intent and purpose of
resource protection standards plus all applicable comprehensive plan policies for conservation
areas shall be adhered to for development within the designated Indian River Boulevard Corridor
and Ridgewood Avenue Corridor.
SECTION 21-41- WETLANDS
21-41.01- Comprehensive Plan Reference
The provisions of Section 21-41 - Wetlands are consistent with and implement the
Comprehensive Plan contained in the Future Land Use Element, Utilities Element, Coastal
Element and Conservation Element.
It is the intent of this Article to provide for the protection, maintenance, enhancement and
utilization of wetlands within the City recognizing the rights of property owners to use their
lands in a reasonable manner as well as the right of all citizens for the protection and purity of
the waters of the City. It is the policy of the City to minimize the disturbances of wetlands and
to encourage their use only for the purposes that are compatible with their natural functions and
environmental benefits.
21-41.02 - Wetland Identification
Wetlands are defined in Section 21-20. Where the natural boundary of wetland vegetation is
unclear, the line of demarcation may be approximated at a surveyed elevation measured at a
location in the same wetland where the natural line is clear. In the event an undeveloped area
2424-0-05 IV -1
has been recently cleared of all vegetation, the wetland boundary may be determined by soil
type, aerial mapping, photography, hydrology or other historical information as appropriate and
approved by the City. The most restrictive wetland boundary as determined by authorized
regulatory agencies shall be accepted.
21-41.03 - Permit Requirements
It is hereby unlawful for any person to engage in any activity which will remove, fill, drain,
dredge, clear, destroy or alter any wetland or wetland buffer as defined in Article II on any lot or
portion thereof without obtaining a wetland alteration permit in accordance with the provisions
of this Article. An applicant must obtain all other required permits from all appropriate agencies.
Unless proper Federal/State approval has been granted a Wetland Alteration Permit must be
obtained from the City and/or Volusia County. Wetland Alteration Permits may be issued
concurrent or in conjunction with other land development permits. It is the intent of this Section
that construction of a single-family dwelling on upland areas which do not alter by removing,
filling, draining, dredging, clearing or destroying any wetland or wetland buffer shall not require
a separate wetland alteration permit pursuant to this Section.
21-41.04 - Buffer Requirements
a. A minimum buffer of fifty feet (50) upland from the mean high water line and a minimum of
twenty-five feet (25') upland from the wetland boundary shall be established adjacent to and
surrounding all wetlands. The buffer may coincide with the required setback on a lot
pursuant to Article V. There shall be no development activities in the buffer, except for
direct access to water bodies.
b. Maintenance activities which do not have a significant adverse effect on the natural function
of the buffer may be allowed within the buffer. The activities which may be permitted
include but are not limited to pruning, planting of suitable native vegetation, removal of
exotic and nuisance pioneer plant species and the creation and maintenance of walking trails.
See Section 21-53.07 for shoreline protection standards.
SECTION 21-42 - FLOOD PLAINS
21-42.01 - Comprehensive Plan Reference
The provisions of Section 21-42 - Flood Plains are consistent with and implement the
Comprehensive Plan contained in the Future Land Use Element, Coastal Element and
Conservation Element.
2142.02 — Administration
a. General
1. Title - These regulations shall be known as the Floodplain Management
Ordinance of the City of Edgewater, hereinafter referred to as "this Section."
2024-0-05
IV -2
2. Scope - The provisions of this Section shall apply to all development that is wholly
within or partially within any flood hazard area, including but not limited to the
subdivision of land; filling, grading, and other site improvements and utility
installations; construction, alteration, remodeling, enlargement, improvement,
replacement, repair, relocation or demolition of buildings, structures, and facilities
that are exempt from the Florida Building Code; placement, installation, or
replacement of manufactured homes and manufactured buildings; installation or
replacement of tanks; placement of recreational vehicles; installation of swimming
pools; and any other development.
3. Intent — Development within flood prone areas is strongly discouraged. The
purposes of this Section and the flood load and flood resistant construction
requirements of the Florida Building Code are to establish minimum requirements
to safeguard the public health, safety, and general welfare and to minimize public
and private losses due to flooding through regulation of development in flood
hazard areas to:
(a) Minimize unnecessary disruption of commerce, access and public service
during times of flooding;
(b) Require the use of appropriate construction practices in order to prevent or
minimize future flood damage;
(c) Manage filling, grading, dredging, mining, paving, excavation, drilling
operations, storage of equipment or materials, and- other development
which may increase flood damage or erosion potential;
(d) Manage the alteration of flood hazard areas, watercourses, and shorelines
to minimize the impact of development on the natural and beneficial
functions of the floodplain;
(e) Minimize damage to public and private facilities and utilities;
(f) Help maintain a stable tax base by providing for the sound use and
development of flood hazard areas;
(g) Minimize the need for future expenditure of public funds for flood control
projects and response to and recovery from flood events; and
(h) Meet the requirements of the National Flood Insurance Program for
community participation as set forth in the Title 44 Code of Federal
Regulations, Section 59.22.
4. Coordination with the Florida Building Code - This Section is intended to be
administered and enforced in conjunction with the Florida Building Code. Where
cited, ASCE 24 refers to the edition of the standard that is referenced by the
Florida Building Code.
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5. Warning - The degree of flood protection required by this Section and the Florida
Building Code, as amended by the City, is considered the minimum reasonable for
regulatory purposes and is based on scientific and engineering considerations. Larger
floods can and will occur. Flood heights may be increased by man-made or natural
causes. This Section does not imply that land outside of mapped special flood hazard
areas, or that uses permitted within such flood hazard areas, will be free from
flooding or flood damage. The flood hazard areas and base flood elevations
contained in the Flood Insurance Study and shown on Flood Insurance Rate Maps
and the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60
may be revised by the Federal Emergency Management Agency, requiring the City
to revise these regulations to remain eligible for participation in the National
Flood Insurance Program. No guarantee of vested use, existing use, or future use
is implied or expressed by compliance with this Section.
6. Disclaimer of Liability - This Section shall not create liability on the part of the
City Council of the City of Edgewater or by any officer or employee thereof for
any flood damage that results from reliance on this Section or any administrative
decision lawfully made there under.
b. Applicability
1. General - Where there is a conflict between a general requirement and a specific
requirement, the specific requirement shall be applicable.
2. Areas to which this Section applies - This Section shall apply to all flood hazard
areas within the City of Edgewater, as established in Section 21-42.02b.3 of this
Section. No structure or land shall hereafter be located, extended, converted, or
structurally altered within identified special flood hazard areas without
compliance with the terms of this Section and all other applicable regulations.
Provisions for flood hazard reduction shall be enforced upon all proposed
development and re -development located within the City independent of proposed
land use. No grandfathering provisions will be allowed for lots of record, platted
subdivisions, etc.
3. Basis for establishing flood hazard areas - The "Flood Insurance Study for
Volusia County, Florida and Incorporated Areas" dated September 29, 2017, and
all subsequent amendments and revisions, and the accompanying Flood Insurance
Rate Maps (FIRM), and all subsequent amendments and revisions to such maps,
are adopted by reference as a part of this Section and shall serve as the minimum
basis for establishing flood hazard areas. Studies and maps that establish flood
hazard areas are on file at the City Development Services Department, 104 North
Riverside Drive, Edgewater, FL 32132.
(a) Submission of additional data to establish flood hazard areas - To establish
flood hazard areas and base flood elevations, pursuant to Section 21-
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42.02e. of this Section the Floodplain Administrator may require
submission of additional data. Where field surveyed topography prepared
by a Florida licensed professional surveyor or digital topography accepted
by the community indicates that ground elevations:
(1) Are below the closest applicable base flood elevation, even in
areas not delineated as a special flood hazard area on a FIRM, the
area shall be considered as flood hazard area and subject to the
requirements of this Section and, as applicable, the requirements of
the Florida Building Code.
(2) Are above the closest applicable base flood elevation, the area
shall be regulated as special flood hazard area unless the applicant
obtains a Letter of Map Change that removes the area from the
special flood hazard area.
4. Other laws - The provisions of this Section shall not be deemed to nullify any
provisions of local, state or federal law.
5. Abrogation and greater restrictions - This Section supersedes any ordinance in
effect for management of development in flood hazard areas. However, it is not
intended to repeal or abrogate any existing ordinances including but not limited to
land development regulations, zoning ordinances, stormwater management
regulations, or the Florida Building Code. In the event of a conflict between this
Section and any other ordinance, the more restrictive shall govern. This Section
shall not impair any deed restriction, covenant or easement, but any land that is
subject to such interests shall also be governed by this Section.
6. Interpretation - In the interpretation and application of this Section, all provisions
shall be:
(a) Considered as minimum requirements;
(b) Liberally construed in favor of the governing body; and
(c) Deemed neither to limit nor repeal any other powers granted under state
statutes.
c. Duties and Powers of the Floodplain Administrator
1. Designation - The Development Services Director and/or the designee thereof is
designated as the Floodplain Administrator. The Floodplain Administrator may
delegate performance of certain duties to other employees.
2. General - The Floodplain Administrator is authorized and directed to administer
and enforce the provisions of this Section. The Floodplain Administrator shall
have the authority to render interpretations of this Section consistent with the
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intent and purpose of this Section and may establish policies and procedures in
order to clarify the application of its provisions. Such interpretations, policies, and
procedures shall not have the effect of waiving requirements specifically provided
in this Section without the granting of a variance pursuant to Section 107 of this
Section.
3. Applications and permits - The Floodplain Administrator, in coordination with
other pertinent offices of the City, shall:
(a) Review applications and plans to determine whether proposed new
development will be located in flood hazard areas;
(b) Review applications for modification of any existing development in flood
hazard areas for compliance with the requirements of this Section;
(c) Interpret flood hazard area boundaries where such interpretation is
necessary to determine the exact location of boundaries; a person
contesting the determination shall have the opportunity to appeal the
interpretation;
(d) Provide available flood elevation and flood hazard information;
(e) Determine whether additional flood hazard data shall be obtained from
other sources or shall be developed by an applicant;
(f) Review applications to determine whether proposed development will be
reasonably safe from flooding;
(g) Issue floodplain development permits or approvals for development other
than buildings and structures that are subject to the Florida Building Code,
including buildings, structures and facilities exempt from the Florida
Building Code, when compliance with this Section is demonstrated, or
disapprove the same in the event of noncompliance; and
(h) Coordinate with and provide comments to the Building Official to assure
that applications, plan reviews, and inspections for buildings and
structures in flood hazard areas comply with the applicable provisions of
this Section.
4. Substantial improvement and substantial damage determinations - For
applications for building permits to improve buildings and structures, including
alterations, movement, enlargement, replacement, repair, change of occupancy,
additions, rehabilitations, renovations, substantial improvements, repairs of
substantial damage, and any other improvement of or work on such buildings and
structures, the Floodplain Administrator, in coordination with the Building
Official, shall:
(a) Estimate the market value, or require the applicant to obtain an appraisal
of the market value prepared by a qualified independent appraiser, of the
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building or structure before the start of construction of the proposed work;
in the case of repair, the market value of the building or structure shall be
the market value before the damage occurred and before any repairs are
made;
(b) Compare the cost to perform the improvement, the cost to repair a
damaged building to its pre -damaged condition, or the combined costs of
improvements and repairs, if applicable, to the market value of the
building or structure;
(c) Determine and document whether the proposed work constitutes
substantial improvement or repair of substantial damage; and
(d) Notify the applicant if it is determined that the work constitutes substantial
improvement or repair of substantial damage and that compliance with the
flood resistant construction requirements of the Florida Building Code and
this Section is required.
5. Modifications of the strict application of the requirements of the Florida Building
Code - The Floodplain Administrator shall review requests submitted to the
Building Official that seek approval to modify the strict application of the flood
load and flood resistant construction requirements of the Florida Building Code to
determine whether such requests require the granting of a variance pursuant to
Section 21-42.02g of this Section.
6. Notices and orders - The Floodplain Administrator shall coordinate with
appropriate local agencies for the issuance of all necessary notices or orders to
ensure compliance with this Section.
7. Inspections - The Floodplain Administrator shall make the required inspections as
specified in Section 21-42.02f of this Section for development that is not subject
to the Florida Building Code, including buildings, structures and facilities exempt
from the Florida Building Code. The Floodplain Administrator shall inspect flood
hazard areas to determine if development is undertaken without issuance of a
permit.
8. Other duties of the Floodplain Administrator - The Floodplain Administrator shall
have other duties, including but not limited to:
(a) Establish, in coordination with the Building Official, procedures for
administering and documenting determinations of substantial
improvement and substantial damage made pursuant to Section 21-
42.02c.4 of this Section;
(b) Require that applicants proposing alteration of a watercourse notify
adjacent communities and the Florida Division of Emergency
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d. Permits
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Management, State Floodplain Management Office, and submit copies of
such notifications to the Federal Emergency Management Agency
(FEMA);
(c) Require applicants who submit hydrologic and hydraulic engineering
analyses to support permit applications to submit to FEMA the data and
information necessary to maintain the Flood Insurance Rate Maps if the
analyses propose to change base flood elevations, flood hazard area
boundaries, or floodway designations; such submissions shall be made
within 6 months of such data becoming available;
(d) Review required design certifications and documentation of elevations
specified by this Section and the Florida Building Code and this Section to
determine that such certifications and documentations are complete; and
(e) Notify the Federal Emergency Management Agency when the corporate
boundaries of the City are modified.
9. Floodplain management records - Regardless of any limitation on the period
required for retention of public records, the Floodplain Administrator shall
maintain and permanently keep and make available for public inspection all
records that are necessary for the administration of this Section and the flood
resistant construction requirements of the Florida Building Code, including Flood
Insurance Rate Maps; Letters of Change; records of issuance of permits and
denial of permits; determinations of whether proposed work constitutes
substantial improvement or repair of substantial damage; required design
certifications and documentation of elevations specified by the Florida Building
Code and this Section; notifications to adjacent communities, FEMA, and the
state related to alterations of watercourses; assurances that the flood carrying
capacity of altered watercourses will be maintained; documentation related to
appeals and variances, including justification for issuance or denial; and records
of enforcement actions taken pursuant to this Section and the flood resistant
construction requirements of the Florida Building Code. These records shall be
available for public inspection at the City Development Services Department, 104
North Riverside Drive, Edgewater, FL 32132.
1. Permits required - Any owner or owner's authorized agent (hereinafter
"applicant") who intends to undertake any development activity within the scope
of this Section, including buildings, structures and facilities exempt from the
Florida Building Code, which is wholly within or partially within any flood hazard
area shall first make application to the Floodplain Administrator, and the Building
Official if applicable, and shall obtain the required permit(s) and approval(s). No
such permit or approval shall be issued until compliance with the requirements of this
IV -8
Section and all other applicable codes and regulations has been satisfied. The
standards for issuing development permits shall comply with Title 44 Code of
Federal Regulations Chapter 1, Section 60.3 Parts (A), (B), and (C), and are
described in this Section.
2. Floodplain development permits or approvals - Floodplain development permits or
approvals shall be issued pursuant to this Section for any development activities not
subject to the requirements of the Florida Building Code, including buildings,
structures and facilities exempt from the Florida Building Code. Depending on
the nature and extent of proposed development that includes a building or structure,
the Floodplain Administrator may determine that a floodplain development permit or
approval is required in addition to a building permit.
(a) Buildings, structures and facilities exempt from the Florida Building Code
- Pursuant to the requirements of federal regulation for participation in the
National Flood Insurance Program (44 C.F.R. Sections 59 and 60),
floodplain development permits or approvals shall be required for the
following buildings, structures and facilities that are exempt from the
Florida Building Code and any further exemptions provided by law,
which are subject to the requirements of this Section:
(1) Railroads and ancillary facilities associated with the railroad.
(2) Nonresidential farm buildings on farms, as provided in section
604.50, F.S.
(3) Temporary buildings or sheds used exclusively for construction
purposes.
(4) Mobile or modular structures used as temporary offices.
(5) Those structures or facilities of electric utilities, as defined in
section 366.02, F.S., which are directly involved in the generation,
transmission, or distribution of electricity.
(6) Chickees constructed by the Miccosukee Tribe of Indians of
Florida or the Seminole Tribe of Florida. As used in this
paragraph, the term "chickee" means an open -sided wooden but
that has a thatched roof of palm or palmetto or other traditional
materials, and that does not incorporate any electrical, plumbing,
or other non -wood features.
(7) Family mausoleums not exceeding 250 square feet in area which
are prefabricated and assembled on site or preassembled and
delivered on site and have walls, roofs, and a floor constructed of
granite, marble, or reinforced concrete.
(8) Temporary housing provided by the Department of Corrections to
any prisoner in the state correctional system.
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(9) Structures identified in section 553.73(10)(k), F.S., are not exempt
from the Florida Building Code if such structures are located in
flood hazard areas established on Flood Insurance Rate Maps
3. Application for a permit or approval - To obtain a floodplain development permit
or approval the applicant shall first file an application in writing on a form
furnished by the community. The information provided shall:
(a) Identify and describe the development to be covered by the permit or
approval.
(b) Describe the land on which the proposed development is to be conducted
by legal description, street address or similar description that will readily
identify and definitively locate the site.
(c) Indicate the use and occupancy for which the proposed development is
intended.
(d) Be accompanied by a site plan or construction documents as specified in
Section 105 of this Section.
(e) State the valuation of the proposed work.
(f) Be signed by the applicant or the applicant's authorized agent.
(g) Give such other data and information as required by the Floodplain
Administrator.
4. Validity of permit or approval - The issuance of a floodplain development permit
or approval pursuant to this Section shall not be construed to be a permit for, or
approval of, any violation of this Section, the Florida Building Codes, or any
other ordinance of the City. The issuance of permits based on submitted
applications, construction documents, and information shall not prevent the
Floodplain Administrator from requiring the correction of errors and omissions.
5. Expiration - A floodplain development permit or approval shall become invalid
unless the work authorized by such permit is commenced within 180 days after its
issuance, or if the work authorized is suspended or abandoned for a period of 180
days after the work commences. Extensions for periods of not more than 180 days
each shall be requested in writing and justifiable cause shall be demonstrated.
6. Suspension or revocation - The Floodplain Administrator is authorized to suspend
or revoke a floodplain development permit or approval if the permit was issued in
error, on the basis of incorrect, inaccurate or incomplete information, or in
violation of this Section or any other ordinance, regulation or requirement of the
City.
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7. Other permits required - Floodplain development permits and building permits
shall include a condition that all other applicable state or federal permits be
obtained before commencement of the permitted development, including but not
limited to the following:
(a) The St. Johns River Water Management District; section 373.036, F.S.
(b) Florida Department of Health for onsite sewage treatment and disposal
systems; section 381.0065, F.S. and Chapter 64E-6, F.A.C.
(c) Florida Department of Environmental Protection for activities subject to
the Joint Coastal Permit; section 161.055, F.S.
(d) Florida Department of Environmental Protection for activities that affect
wetlands and alter surface water flows, in conjunction with the U.S. Army
Corps of Engineers; Section 404 of the Clean Water Act.
(e) Federal permits and approvals.
e. Site Plans and Construction Documents
1. Information for development in flood hazard areas - The site plan or construction
documents for any development subject to the requirements of this Section shall
be drawn to scale and shall include, as applicable to the proposed development:
(a) Delineation of flood hazard areas, floodway boundaries and flood zone(s),
base flood. elevation(s), and ground elevations if necessary for review of
the proposed development. Topographic and special flood hazard area
mapping shall provide a minimum accuracy to a tenth of a foot (i.e. 1 -foot
topographic contour interval and base flood elevation to one decimal
accuracy). USGS Quadrangle maps depicting 5 -foot topographic contours
are not adequate to comply with these design standards.
(b) Where base flood elevations, or floodway data are not included on the
FIRM or in the Flood Insurance Study, they shall be established in
accordance with Section 21-42.02e.2(b) or (c) of this Section.
(c) Where the parcel on which the proposed development will take place will
have more than 50 lots or is larger than 5 acres and the base flood
elevations are not included on the FIRM or in the Flood Insurance Study,
such elevations shall be established in accordance with Section 21-
42.02e.2(a) of this Section.
(d) Location of the proposed activity and proposed structures, and locations of
existing buildings and structures.
(e) Location, extent, amount, and proposed final grades of any filling,
grading, or excavation.
(f) Where the placement of fill is proposed, the amount, type, and source of
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fill material; compaction specifications; a description of the intended
purpose of the fill areas; and evidence that the proposed fill areas are the
minimum necessary to achieve the intended purpose.
(g) Existing and proposed alignment of any proposed alteration of a
watercourse.
(h) The SHGWT shall be established by drilling a sufficient number of
geotechnical borings whereas the SHWL shall be determined by an
ecological assessment of hydric soils, vegetative cover, wetland species,
lichen lines, etc. The SHWL and/or SHGWT shall be determined for all
wetlands, depressions, and any other low areas within the property
boundary that are capable of impounding stormwater runoff on the
undeveloped property.
The Floodplain Administrator is authorized to waive the submission of site plans,
construction documents, and other data that are required by this Section but that
are not required to be prepared by a registered design professional if it is found
that the nature of the proposed development is such that the review of such
submissions is not necessary to ascertain compliance with this Section.
2. Information in flood hazard areas without base flood elevations (approximate
Zone A) - Where flood hazard areas are delineated on the FIRM and base flood
elevation data have not been provided, the Floodplain Administrator shall:
(a) Require the applicant to include base flood elevation data prepared in
accordance with currently accepted engineering practices.
(b) Obtain, review, and provide to applicants base flood elevation and
floodway data available from a federal or state agency or other source or
require the applicant to obtain and use base flood elevation and floodway
data available from a federal or state agency or other source.
(c) Where base flood elevation and floodway data are not available from
another source, where the available data are deemed by the Floodplain
Administrator to not reasonably reflect flooding conditions, or where the
available data are known to be scientifically or technically incorrect or
otherwise inadequate:
(1) Require the applicant to include base flood elevation data prepared
in accordance with currently accepted engineering practices; or
(2) Specify that the base flood elevation is three (3) feet above the
highest adjacent grade at the location of the development, provided
there is no evidence indicating flood depths have been or may be
greater than three (3) feet.
(d) Where the base flood elevation data are to be used to support a Letter of
Map Change from FEMA, advise the applicant that the analyses shall be
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prepared by a Florida licensed engineer in a format required by FEMA,
and that it shall be the responsibility of the applicant to satisfy the
submittal requirements and pay the processing fees.
3. Additional analyses and certifications - As applicable to the location and nature of
the proposed development activity, and in addition to the requirements of this
section, the applicant shall have the following analyses signed and sealed by a
Florida licensed engineer for submission with the site plan and construction
documents:
(a) For development activities proposed to be located in a regulatory
floodway, a floodway encroachment analysis that demonstrates that the
encroachment of the proposed development will not cause any increase in
base flood elevations; where the applicant proposes to` undertake
development activities that do increase base flood elevations, the applicant
shall submit such analysis to FEMA as specified in Section 21-42.02e.4 of
this Section and shall submit the Conditional Letter of Map Revision, if
issued by FEMA, with the site plan and construction documents.
(b) For development activities proposed to be located in a riverine flood
hazard area for which, base flood elevations are included in the Flood
Insurance Study or on the FIRM and floodways have not been designated,
hydrologic and hydraulic analyses that demonstrate that the cumulative
effect of the proposed development, when combined with all other
existing and anticipated flood hazard area encroachments, will not
increase the base flood elevation more than four (4) inches at any point
within the community. This requirement does not apply in isolated flood
hazard areas not connected to a riverine flood hazard area or in flood
hazard areas identified as Zone AO or Zone AH.
(c) For alteration of a watercourse, an engineering analysis prepared in
accordance with standard engineering practices which demonstrates that
the flood -carrying capacity of the altered or relocated portion of the
watercourse will not be decreased, and certification that the altered
watercourse shall be maintained in a manner which preserves the channel's
flood -carrying capacity; the applicant shall submit the analysis to FEMA
as specified in Section 21-42.02e.4 of this Section.
4. Submission of additional data - When additional hydrologic, hydraulic or other
engineering data, studies, and additional analyses are submitted to support an
application, the applicant has the right to seek a Letter of Map Change from
FEMA to change the base flood elevations, change floodway boundaries, or
change boundaries of flood hazard areas shown on FIRMs, and to submit such
data to FEMA for such purposes. The analyses shall be prepared by a Florida
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IV -13
licensed engineer in a format required by FEMA. Submittal requirements and
processing fees shall be the responsibility of the applicant.
f. Inspections
1. General - Development for which a floodplain development permit or approval is
required shall be subject to inspection.
(a) Development other than buildings and structures - The Floodplain
Administrator shall inspect all development to determine compliance with
the requirements of this Section and the conditions of issued floodplain
development permits or approvals.
(b) Buildings, structures and facilities exempt from the Florida Building
Code - The Floodplain Administrator shall inspect buildings, structures
and facilities exempt from the Florida Building Code to determine
compliance with the requirements of this Section and the conditions of
issued floodplain development permits or approvals.
(1) Buildings, structures and facilities exempt from the Florida
Building Code, lowest floor inspection - Upon placement of the
lowest floor, including basement, and prior to further vertical
construction, the owner of a building, structure or facility exempt
from the Florida Building Code, or the owner's authorized agent,
shall submit to the Floodplain Administrator:
(a) If a design flood elevation was used to determine the
required elevation of the lowest floor, the certification of
elevation of the lowest floor prepared and sealed by a
Florida licensed professional surveyor; or
(b) If the elevation used to determine the required elevation of
the lowest floor was determined in accordance with Section
21-42.02e.2.(c)(2) of this Section, the documentation of
height of the lowest floor above highest adjacent grade,
prepared by the owner or the owner's authorized agent.
(2) Buildings, structures and facilities exempt from the Florida
Building Code, final inspection - As part of the final inspection, the
owner or owner's authorized agent shall submit to the Floodplain
Administrator a final certification of elevation of the lowest floor
or final documentation of the height of the lowest floor above the
highest adjacent grade; such certifications and documentations
shall be prepared as specified in Section 21-42.02f.1.(b)(1) of this
Section.
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(c) Manufactured homes - The Floodplain Administrator shall inspect
manufactured homes that are installed or replaced in flood hazard areas to
determine compliance with the requirements of this Section and the
conditions of the issued permit. Upon placement of a manufactured home,
certification of the elevation of the lowest floor shall be submitted to the
Floodplain Administrator.
g. Variances and Appeals
1. General - Any Variances to the requirements of this Section shall be administered
pursuant to the requirements of Section 21-100. Any appeals of the decisions of
any City officials shall be in accordance with the procedure contained in Article I
of the Land Development Code..
2. Restrictions in floodways - A variance shall not be issued for any proposed
development in a floodway if any increase in base flood elevations would result,
as evidenced by the applicable analyses and certifications required in Section 21-
42.02e.3 of this Section.
3. Historic buildings - A variance is authorized to be issued for the repair,
improvement, or rehabilitation of a historic building that is determined eligible for
the exception to the flood resistant construction requirements of the Florida
Building Code, Existing Building, Chapter 12 Historic Buildings, upon a
determination that the proposed repair, improvement, or rehabilitation will not
preclude the building's continued designation as a historic building and the
variance is the minimum necessary to preserve the historic character and design of
the building. If the proposed work precludes the building's continued designation
as a historic building, a variance shall not be granted and the building and any
repair, improvement, and rehabilitation shall be subject to the requirements of the
Florida Building Code.
4. Functionally dependent uses - A variance is authorized to be issued for the
construction or substantial improvement necessary for the conduct of a
functionally dependent use, as defined in this Section, provided the variance
meets the requirements of Section 21-42.028.2, is the minimum necessary
considering the flood hazard, and all due consideration has been given to use of
methods and materials that minimize flood damage during occurrence of the base
flood.
5. Considerations for issuance of variances - In reviewing requests for variances,
Consideration shall be given to all relevant factors, all other applicable provisions
of the Florida Building Code, this Section, and the following:
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IV -15
(a) The danger that materials and debris may be swept onto other lands
resulting in further injury or damage;
(b) The danger to life and property due to flooding or erosion damage;
(c) The susceptibility of the proposed development, including contents, to
flood damage and the effect of such damage on current and future owners;
(d) The importance of the services provided by the proposed development to
the community;
(e) The availability of alternate locations for the proposed development that
are subject to lower risk of flooding or erosion;
(f) The compatibility of the proposed development with existing and
anticipated development;
(g) The relationship of the proposed development to the comprehensive plan
and floodplain management program for the area;
(h) The safety of access to the property in times of flooding for ordinary and
emergency vehicles;
(i) The expected heights, velocity, duration, rate of rise and debris and
sediment transport of the floodwaters and the effects of wave action, if
applicable, expected at the site; and
{j) The costs of providing governmental services during and after flood
conditions including maintenance and repair of public. utilities and
facilities such as sewer, gas, electrical and water systems, streets and
bridges.
6. Conditions for issuance of variances - Variances shall be issued only upon:
(a) Submission by the applicant, of a showing of good and sufficient cause
that the unique characteristics of the size, configuration, or topography of
the site limit compliance with any provision of this Section or the required
elevation standards;
(b) Determination by the Planning and Zoning Board that:
(1) Failure to grant the variance would result in exceptional hardship
due to the physical characteristics of the land that render the lot
undevelopable; increased costs to satisfy the requirements or
inconvenience do not constitute hardship;
(2) The granting of a variance will not result in increased flood
heights, additional threats to public safety, extraordinary public
expense, nor create nuisances, cause fraud on or victimization of
the public or conflict with existing local laws and ordinances; and
(3) The variance is the minimum necessary, considering the flood
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hazard, to afford relief;
(c) Receipt of a signed statement by the applicant that the variance, if granted,
shall be recorded in the Office of the Clerk of the Court in such a manner
that it appears in the chain of title of the affected parcel of land; and
(d) If the request is for a variance to allow construction of the lowest floor of
a new building, or substantial improvement of a building, below the
required elevation, a copy in the record of a written notice from the
Floodplain Administrator to the applicant for the variance, specifying the
difference between the base flood elevation and the proposed elevation of
the lowest floor, stating that the cost of federal flood insurance will be
commensurate with the increased risk resulting from the reduced floor
elevation (up to amounts as high as $25 for $100 of insurance coverage),
and stating that construction below the base flood elevation increases risks
to life and property.
h. Violations
1. Violations - Any development that is not within the scope of the Florida Building
Code but that is regulated by this Section that is performed without an issued
permit, that is in conflict with an issued permit, or that does not fully comply with
this Section, shall be deemed a violation of this Section. A building or structure
without the documentation of elevation of the lowest floor, other required design
certifications, or other evidence of compliance required by this Section or the
Florida Building Code is presumed to be a violation until such time as that
documentation is provided.
2. Authority - For development that is not within the scope of the Florida Building
Code but that is regulated by this Section and that is determined to be a violation,
the Floodplain Administrator is authorized to serve notices of violation or stop
work orders to owners of the property involved, to the owner's agent, or to the
person or persons performing the work.
3. Unlawful continuance - Any person who shall continue any work after having
been served with a notice of violation or a stop work order, except such work as
that person is directed to perform to remove or remedy a violation or unsafe
condition, shall be subject to penalties as prescribed in Section 1-8 of the City
Code of ordinances regarding "General Penalty, continuing violations".
21-42.03 — Definitions
a. General
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1. Scope - Unless otherwise expressly stated, the following words and terms shall,
for the purposes of this Section, have the meanings shown in this section.
2. Terms defined in the Florida Building Code - Where terms are not defined in this
Section and are defined in the Florida Building Code, such terms shall have the
meanings ascribed to them in that code.
3. Terms not defined - Where terms are not defined in this Section or the Florida
Building Code, such terms shall have ordinarily accepted meanings such as the
context implies.
b. Definitions
Accessory structure - A structure on the same parcel of property as a principal structure and the
use of which is limited to parking and storage incidental to the use of the principal structure.
Alteration of a watercourse - A dam, impoundment, channel relocation, change in channel
alignment, channelization, or change in cross-sectional area of the channel or the channel
capacity, or any other form of modification which may alter, impede, retard or change the
direction and/or velocity of the riverine flow of water during conditions of the base flood.
Appeal - A request for a review of the Floodplain Administrator's interpretation of any provision
of this Section or a request for a variance.
ASCE 24 - A standard titled Flood Resistant Design and Construction that is referenced by the
Florida Building Code. ASCE 24 is developed and published by the American Society of Civil
Engineers, Reston, VA.
Base flood - A flood having a 1 -percent chance of being equaled or exceeded in any given year.
[Also defined in FBC, B, Section 1612.2.] The base flood is commonly referred to as the
"100 -year flood" or the "1 -percent -annual chance flood."
Base flood elevation - The elevation of the base flood, including wave height, relative to the
National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other
datum specified on the Flood Insurance Rate Map (FIRM). [Also defined in FBC, B, Section
1612.2.]
Basement - The portion of a building having its floor subgrade (below ground level) on all sides.
[Also defined in FBC, B, Section 1612.2.]
Design flood - The flood associated with the greater of the following two areas: [Also defined in
FBC, B, Section 1612.2.]
1. Area with a floodplain subject to a 1 -percent or greater chance of flooding in any year; or
2. Area designated as a flood hazard area on the community's flood hazard map, or
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otherwise legally designated.
Design flood elevation - The elevation of the "design flood," including wave height, relative to
the datum specified on the community's legally designated flood hazard map. In areas
designated as Zone AO, the design flood elevation shall be the elevation of the highest existing
grade of the building's perimeter plus the depth number (in feet) specified on the flood hazard
map. In areas designated as Zone AO where the depth number is not specified on the map, the
depth number shall be taken as being equal to 2 feet. [Also defined in FBC, B, Section 1612.2.]
Development - Any man-made change to improved or unimproved real estate, including but not
limited to, buildings or other structures, tanks, temporary structures, temporary or permanent
storage of equipment or materials, mining, dredging, filling, grading, paving, excavations,
drilling operations or any other land disturbing activities.
Encroachment - The placement of fill, excavation, buildings, permanent structures or other
development into a flood hazard area which may impede or alter the flow capacity of riverine
flood hazard areas.
Existing building and existing structure - Any buildings and structures for which the "start of
construction" commenced before September 3, 1980. [Also defined in FBC, B, Section 1612.2.]
Federal Emergency Management Agency (FEMA) - The federal agency that, in addition to
carrying out other functions, administers the National Flood Insurance Program.
Flood or flooding - A general and temporary condition of partial or complete inundation of
normally dry land from: [Also defined in FBC, B, Section 1612.2.]
1. The overflow of inland or tidal waters.
2. The unusual and rapid accumulation or runoff of surface waters from any source.
Flood damage -resistant materials - Any construction material capable of withstanding direct and
prolonged contact with floodwaters without sustaining any damage that requires more than
cosmetic repair. [Also defined in FBC, B, Section 1612.2.]
Flood hazard area - The greater of the following two areas: [Also defined in FBC, B, Section
1612.2.]
1. The area within a floodplain subject to a 1 -percent or greater chance of flooding in any
year.
2. The area designated as a flood hazard area on the community's flood hazard map, or
otherwise legally designated.
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Flood Insurance Rate Map (FIRM) - The official map of the community on which the Federal
Emergency Management Agency has delineated both special flood hazard areas and the risk
premium zones applicable to the community. [Also defined in FBC, B, Section 1612.2.]
Flood Insurance Study (FIS) - The official report provided by the Federal Emergency
Management Agency that contains the Flood Insurance Rate Map, the Flood Boundary and
Floodway Map (if applicable), the water surface elevations of the base flood, and supporting
technical data. [Also defined in FBC, B, Section 1612.2.]
Floodplain Administrator - The office or position designated and charged with the administration
and enforcement of this Section (may be referred to as the Floodplain Manager).
Floodplain development permit or approval - An official document or certificate issued by the
community, or other evidence of approval or concurrence, which authorizes performance of
specific development activities that are located in flood hazard areas and that are determined to
be compliant with this Section.
Floodway - The channel of a river or other riverine 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 one (1) foot. [Also defined in FBC, B, Section 1612.2.]
Floodway encroachment analysis - An engineering analysis of the impact that a proposed
encroachment into a floodway is expected to have on the floodway boundaries and base flood
elevations; the evaluation shall' be prepared by a qualified Florida licensed engineer using
standard engineering methods and models.
Florida Building Code - The family of codes adopted by the Florida Building Commission,
including: Florida Building Code, Building, Florida Building Code, Residential, Florida
Building Code, Existing Building; Florida Building Code, Mechanical, Florida Building Code,
Plumbing, Florida Building Code, Fuel Gas.
Functionally dependent use - A use which cannot perform its intended purpose unless it is
located or carried out in close proximity to water, including only docking facilities, port facilities
that are necessary for the loading and unloading of cargo or passengers, and ship building and
ship repair facilities; the term does not include long-term storage or related manufacturing
facilities.
Highest adjacent grade - The highest natural elevation of the ground surface prior to
construction next to the proposed walls or foundation of a structure.
Historic structure - Any structure that is determined eligible for the exception to the flood hazard
area requirements of the Florida Building Code, Existing Building, Chapter 12 Historic
Buildings.
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Letter of Map Change (LOMC) - An official determination issued by FEMA that amends or
revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Map Change
include:
1. Letter of Map Amendment (LOMA): An amendment based on technical data showing
that a property was incorrectly included in a designated special flood hazard area. A
LOMA amends the current effective Flood Insurance Rate Map and establishes that a
specific property, portion of a property, or structure is not located in a special flood
hazard area.
2. Letter of Map Revision (LOMR): A revision based on technical data that may show
changes to flood zones, flood elevations, special flood hazard area boundaries and
floodway delineations, and other planimetric features.
3. Letter of Map Revision Based on Fill (LOMR-F): A determination that a structure or
parcel of land has been elevated by fill above the base flood elevation and is, therefore,
no longer located within the special flood hazard area. In order to qualify for this
determination, the fill must have been permitted and placed in accordance with the
community's floodplain management regulations.
4. Conditional Letter of Map Revision (CLOMR): A formal review and comment as to
whether a proposed flood protection project or other project complies with the minimum
NFIP requirements for such projects with respect to delineation of special flood hazard
areas. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood
Insurance Study; upon submission and approval of certified as -built documentation, a
Letter of Map Revision may be issued by FEMA to revise the effective FIRM.
Light-duty truck - As defined in 40 C.F.R. 86.082-2, any motor vehicle rated at 8,500 pounds
Gross Vehicular Weight Rating or less which has a vehicular curb weight of 6,000 pounds or less
and which has a basic vehicle frontal area of 45 square feet or less, which is:
1. Designed primarily for purposes of transportation of property or is a derivation of such a
vehicle, or
2. Designed primarily for transportation of persons and has a capacity of more than 12
persons; or
3. Available with special features enabling off-street or off-highway operation and use.
Lowest floor - The lowest floor of the lowest enclosed area of a building or structure, including
basement, but excluding any unfinished or flood -resistant enclosure, other than a basement,
usable solely for vehicle parking, building access or limited storage provided that such enclosure
is not built so as to render the structure in violation of the non -elevation requirements of the
Florida Building Code or ASCE 24. [Also defined in FBC, B, Section 1612.2.]
Manufactured home - A structure, transportable in one or more sections, which is eight (8) feet
or more in width and greater than four hundred (400) square feet, and which is built on a
permanent, integral chassis and is designed for use with or without a permanent foundation when
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attached to the required utilities. The term "manufactured home" does not include a "recreational
vehicle" or "park trailer." [Also defined in 15C-1.0101, F.A.C.]
Manufactured home park or subdivision - A parcel (or contiguous parcels) of land divided into
two or more manufactured home lots for rent or sale.
Market value - The value of buildings and structures, excluding the land and other improvements
on the parcel. Market value is the Actual Cash Value (in-kind replacement cost depreciated for
age, wear and tear, neglect, and quality of construction) determined by a qualified independent
appraiser, or tax assessment value adjusted to approximate market value by a factor provided by
the Property Appraiser.
New construction - For the purposes of administration of this Section and the flood resistant
construction requirements of the Florida Building Code, structures for which the "start of
construction" commenced on or after September 3, 1980 and includes any subsequent
improvements to such structures.
Park trailer - A transportable unit which has a body width not exceeding fourteen (14) feet and
which is built on a single chassis and is designed to provide seasonal or temporary living quarters
when connected to utilities necessary for operation of installed fixtures and appliances. [Defined
in section 320.01, F.S.]
Recreational vehicle - A vehicle, including a park trailer, which is: [see in section 320.01, F.S.)
1. Built on a single chassis;
2. Four hundred (400) square feet or less when measured at the largest horizontal
projection;
3. Designed to be self-propelled or permanently towable by a light-duty truck; and
4. Designed primarily not for use as a permanent dwelling but as temporary living quarters
for recreational, camping, travel, or seasonal use.
Special flood hazard area - An area in the floodplain subject to a 1 percent or greater chance of
flooding in any given year. Special flood hazard areas are shown on FIRMs as Zone A, AO,
Al -A30, AE, A99, AH, V1 -V30, VE or V. [Also defined in FBC, B Section 1612.2.]
Start of construction - The date of issuance for new construction and substantial improvements to
existing structures, provided the actual start of construction, repair, reconstruction, rehabilitation,
addition, placement, or other improvement is within 180 days of the date of the issuance. The
actual start of construction means either the first placement of permanent construction of a
building (including a manufactured home) on a site, such as the pouring of slab or footings, the
installation of piles, the construction of columns.
Permanent construction does not include land preparation (such as clearing, grading, or
filling), the installation of streets or walkways, excavation for a basement, footings, piers, or
foundations, the erection of temporary forms or the installation of accessory buildings such as
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garages or sheds not occupied as dwelling units or not part of the main buildings. For a
substantial improvement, the actual "start of construction" means the first alteration of any wall,
ceiling, floor or other structural part of a building, whether or not that alteration affects the
external dimensions of the building. [Also defined in FBC, B Section 1612.2.]
Substantial damage - Damage of any origin sustained by a building or structure whereby the cost
of restoring the building or structure to its before -damaged condition would equal or exceed 50
percent of the market value of the building or structure before the damage occurred. [Also
defined in FBC, B Section 1612.2.]
Substantial improvement - Any repair, reconstruction, rehabilitation, addition, or other
improvement of a building or structure, the cost of which equals or exceeds 50 percent of the
market value of the building or structure before the improvement or repair is started. If the
structure has incurred "substantial damage," any repairs are considered substantial improvement
regardless of the actual repair work performed. The term does not, however, include either:
[Also defined in FBC, B, Section 1612.2.]
1. Any project for improvement of a building required to correct existing health, sanitary, or
safety code violations identified by the building official and that are the minimum
necessary to assure safe living conditions.
2. Any alteration of a historic structure provided the alteration will not preclude the
structure's continued designation as a historic structure.
Variance - A grant of relief from the requirements of this Section, or. the flood resistant
construction requirements of the Florida Building Code, which permits construction in a manner
that would not otherwise be permitted by this Section or the Florida Building Code.
Watercourse - A river, creek, stream, channel or other topographic feature in, on, through, or
over which water flows at least periodically.
21-42.04 — Flood Resistant Development
a. Compensatory Storage — Compensatory storage for encroachments to the special flood
hazard area shall be provided in accordance with the following methodology:
1. Encroachment to the special flood hazard area shall be computed for all fill placed
within the special flood hazard area below the base flood elevation and above the
predicted SHGWT or SHWL
2. Compliance will be based upon a volume for volume (cup for cup) methodology,
with the volume of compensation equal to the volume of encroachment at each
and every elevation (1 -foot contour interval). Providing compensating storage
equal to the volume of encroachment at each elevation will provide equivalent
flood plain management for all storm events of magnitude less than the base flood
event and is intended to prevent cumulative water quantity impacts.
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3. Storage creation must occur below the existing base flood elevation and above the
predicted SHGWT and/or SHWL.
4. Compensation must occur within dedicated storage areas excavated contiguous to
the existing special flood hazard area.
5. Under no circumstances will compensatory flood storage be allowed within ponds
that also provide stormwater management (retention and/or detention) for the
proposed development.
6. The City may approve the creation of off-site compensatory storage areas located
outside the property boundary on a case-by-case basis.
7. The City reserves the right to enforce additional criteria upon any project that is
located within what the City considers a special flood hazard area. At the City's
discretion, additional flood control measures may be required to adequately
protect upstream systems, downstream systems and/or off-site properties.
b. Buildings and Structures
1. Design and construction of buildings, structures and facilities exempt from the
Florida Building Code - Pursuant to Section 21-42.02d.2.(a) of this Section,
buildings, structures, and facilities that are exempt from the Florida Building Code,
including substantial improvement or repair of substantial damage of such buildings,
structures and facilities, shall be designed and constructed in accordance with the
flood load and flood resistant construction requirements of ASCE 24. Structures
exempt from the Florida Building Code that are not walled and roofed buildings shall
comply with the requirements of Section 21-42.04h of this Section.
2. Non -elevated accessory structures - Accessory structures are permitted below elevations
required by the Florida Building Code provided the accessory structures are used only for
parking or storage and:
a. Are one-story and not larger than 600 sq. ft.
b. Have flood openings in accordance with Section 8322.2 of the Florida
Building Code, Residential.
c. Are anchored to resist flotation, collapse or lateral movement resulting from
flood loads.
d. Have flood damage -resistant materials used below the base flood elevation
plus one (1) foot.
e. Have mechanical, plumbing, and electrical systems, including plumbing
fixtures, elevated to or above the base flood elevation plus one (1) foot.
c. Subdivisions
1. Minimum requirements - Subdivision proposals, including proposals for
manufactured home parks and subdivisions, shall be reviewed to determine that:
(a) Such proposals are consistent with the need to minimize flood damage and
will be reasonably safe from flooding;
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(b) All public utilities and facilities such as sewer, gas, electric,
communications, and water systems are located and constructed to
minimize or eliminate flood damage; and
(c) Adequate drainage is provided to reduce exposure to flood hazards. No
construction shall result in the creation of disconnected or isolated
portions of a flood hazard area (Zone A, AE, and other A -series Zones)
which increases the stage at which discharge occurs to less than one (1)
foot below any existing or proposed finished -floor elevation of a habitable
structure nor of the centerline elevation of any publicly -owned roadway
that is within or adjacent to the flood hazard area.
(d) In Zones AH and AO, adequate drainage paths shall be provided to guide
floodwaters around and away from proposed structures.
2. Subdivision plats - Where any portion of proposed subdivisions, including
manufactured home parks and subdivisions, lies within a flood hazard area, the
following shall be required:
(a) Delineation of flood hazard areas, floodway boundaries and flood zones,
and design flood elevations, as appropriate, shall be shown on preliminary
plats;
(b) Where the subdivision has more than 50 lots or is larger than 5 acres and
base flood elevations are not included on the FIRM, the base flood
elevations determined in accordance with Section 21-42.02e.2.(a) of this
Section; and
(c) Compliance with the site improvement and utilities requirements of
Section 21-42.04d of this Section.
d. Site Improvements, Utilities and Limitations
1. Minimum requirements - All proposed new development shall be reviewed to
determine that:
(a) Such proposals are consistent with the need to minimize flood damage and
will be reasonably safe from flooding;
(b) All public utilities and facilities such as sewer, gas, electric,
communications, and water systems are located and constructed to
minimize or eliminate flood damage; and
(c) Adequate drainage is provided to reduce exposure to flood hazards; in
Zones AH and AO, adequate drainage paths shall be provided to guide
floodwaters around and away from proposed structures.
2. Sanitary sewage facilities - All new and replacement sanitary sewage facilities,
private sewage treatment plants (including all pumping stations and collector
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systems), and on-site waste disposal systems shall be designed in accordance with
the standards for onsite sewage treatment and disposal systems in Chapter 64E-6,
F.A.C. and ASCE 24 Chapter 7 to minimize or eliminate infiltration of
floodwaters into the facilities and discharge from the facilities into flood waters,
and impairment of the facilities and systems.
3. Water supply facilities - All new and replacement water supply facilities shall be
designed in accordance with the water well construction standards in Chapter 62-
532.500, F.A.C. and ASCE 24 Chapter 7 to minimize or eliminate infiltration of
floodwaters into the systems.
4. Limitations on sites in regulatory floodways - No development, including but not
limited to site improvements, and land disturbing activity involving fill or
regrading, shall be authorized in the regulatory floodway unless the floodway
encroachment analysis required in Section 21-42.02e.3.(a) of this Section
demonstrates that the proposed development or land disturbing activity will not
result in any increase in the base flood elevation.
5. Limitations on placement of fill - Subject to the limitations of this Section, fill
shall be designed to be stable under conditions of flooding including rapid rise
and rapid drawdown of floodwaters, prolonged inundation, and protection against
flood -related erosion and scour. In addition to these requirements, if intended to
support buildings and structures (Zone A only), fill shall comply with the
requirements of the Florida Building Code.
e. Manufactured Homes
1. General - All manufactured homes installed in flood hazard areas shall be
installed by an installer that is licensed pursuant to section 320.8249, F.S., and
shall comply with the requirements of Chapter 15C-1, F.A.C. and the
requirements of this Section.
(a) Limitations on installation in floodways - New installations of
manufactured homes shall not be permitted in floodways.
2. Foundations - All new manufactured homes and replacement manufactured
homes installed in flood hazard areas shall be installed on permanent, reinforced
foundations that are designed in accordance with the foundation requirements of
the Florida Building Code Residential Section R322.2 and this Section.
3. Anchoring - All new manufactured homes and replacement manufactured homes
shall be installed using methods and practices which minimize flood damage and
shall be securely anchored to an adequately anchored foundation system to resist
flotation, collapse or lateral movement. Methods of anchoring include, but are not
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limited to, use of over -the -top or frame ties to ground anchors. This anchoring
requirement is in addition to applicable state and local anchoring requirements for
wind resistance.
4. Elevation - All manufactured homes that are placed, replaced, or substantially
improved in flood hazard areas shall be elevated such that the bottom of the frame
is at or above the elevation required in the Florida Building Code, Residential
Section R322.2 (Zone A).
5. Enclosures - Enclosed areas below elevated manufactured homes shall comply
with the requirements of the Florida Building Code, Residential Section R322 for
such enclosed areas.
6. Utility equipment - Utility equipment that serves manufactured homes, including
electric, heating, ventilation, plumbing, and air conditioning equipment and other
service facilities, shall comply with the requirements of the Florida Building
Code, Residential Section R322.
f. Recreational Vehicles and Park Trailers
g. Tanks
1. Temporary placement - Recreational vehicles and park trailers placed temporarily
in flood hazard areas shall:
(a) Be on the site for fewer than 180 consecutive days; or
(b) Be fully licensed and ready for highway use, which means the recreational
vehicle or park model is on wheels or jacking system, is attached to the
site only by quick -disconnect type utilities and security devices, and has
no permanent attachments such as additions, rooms, stairs, decks and
porches.
2. Permanent placement - Recreational vehicles and park trailers that do not meet the
limitations in Section 21-42.04f.1 of this Section for temporary placement shall
meet the requirements of Section 21-42.04e of this Section for manufactured
homes.
1. Underground tanks - Underground tanks in flood hazard areas shall be anchored
to prevent flotation, collapse or lateral movement resulting from hydrodynamic
and hydrostatic loads during conditions of the design flood, including the effects
of buoyancy assuming the tank is empty.
2. Above -ground tanks, not elevated - Above -ground tanks that do not meet the
elevation requirements of Section 21-42.048.3 of this Section shall be permitted
in flood hazard areas provided the tanks are anchored or otherwise designed and
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constructed to prevent flotation, collapse or lateral movement resulting from
hydrodynamic and hydrostatic loads during conditions of the design flood,
including the effects of buoyancy assuming the tank is empty and the effects of
flood -borne debris.
3. Above -ground tanks, elevated - Above -ground tanks in flood hazard areas shall be
attached to and elevated to or above the design flood elevation on a supporting
structure that is designed to prevent flotation, collapse or lateral movement during
conditions of the design flood. Tank -supporting structures shall meet the
foundation requirements of the applicable flood hazard area.
4. Tank inlets and vents - Tank inlets, fill openings, outlets and vents shall be:
(a) At or above the design flood elevation or fitted with covers designed to
prevent the inflow of floodwater or outflow of the contents of the tanks
during conditions of the design flood; and
(b) Anchored to prevent lateral movement resulting from hydrodynamic and
hydrostatic loads, including the effects of buoyancy, during conditions of
the design flood.
h. Other Development
1. General requirements for other development - All development, including man-
made changes to. improved or unimproved real estate for. which specific
provisions are not specified in this Section or the Florida Building Code, shall:
(a) Be located and constructed to minimize flood damage;
(b) Meet the limitations of Section 21-42.04d.4 of this Section if located in a
regulated floodway;
(c) Be anchored to prevent flotation, collapse or lateral movement resulting
from hydrostatic loads, including the effects of buoyancy, during
conditions of the design flood;
(d) Be constructed of flood damage -resistant materials; and
(e) Have mechanical, plumbing, and electrical systems above the design flood
elevation, except that minimum electric service required to address life
safety and electric code requirements is permitted below the design flood
elevation provided it conforms to the provisions of the electrical part of
building code for wet locations.
2. Fences in regulated floodways - Fences in regulated floodways that have the
potential to block the passage of floodwaters, such as stockade fences and wire
mesh fences, shall meet the limitations of Section 2I -42.04d.4 of this Section.
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3. Retaining walls, sidewalks and driveways in regulated floodways - Retaining
walls and sidewalks and driveways that involve the placement of fill in regulated
floodways shall meet the limitations of Section 21-42.04d.4 of this Section.
4. Roads and watercourse crossings in regulated floodways - Roads and
watercourse crossings, including roads, bridges, culverts, low-water crossings and
similar means for vehicles or pedestrians to travel from one side of a watercourse
to the other side, that encroach into regulated floodways shall meet the limitations
of Section 303.4 of this Section. Alteration of a watercourse that is part of a road
or watercourse crossing shall meet the requirements of Section 21-42.02e.3.(c) of
this Section.
SECTION 21-43 - WELLFIELD PROTECTION
21-43.01- Comprehensive Plan Reference
The City finds there is need to protect the existing and future water supplies from adverse
impacts of contamination. The City also finds that its potable water wellfields are a resource that
may be subject to irreversible degradation if not adequately protected.
The provisions of Section 21-43 — Wellfield Protection Areas are consistent with and implement
the Comprehensive Plan contained in the Future Land Use Element, Utilities Element, Coastal
Element, Conservation Element and Intergovernmental Coordination Element.
21-43.02 - Designation of Wellfield Protection Zones (WPZ)
The primary and secondary potable water wellfield Protection Zones are hereby established as
five hundred feet (500') radius from the well as the primary zone and one thousand feet (1,000')
radius from the well as the secondary zone. These zones, and the regulations that follow, are
established to protect the potable water supply from possible contamination. A permit is
required for any development or occupational use within the wellfield protection zone.
a. Except as otherwise provided in this Section, any use, handling, production or storage of
hazardous materials shall be prohibited in the primary protection zone. Any existing use, or
handling, production or storage of hazardous materials shall be considered a nonconforming
use and shall apply for a wellfield protection permit as provided in Section 21-43.03 and be
subject to the containment standards in Section 21-43.04.
b. Except as otherwise provided in this Section, any new or existing nonresidential use, or the
handling, production or storage of hazardous substances in the secondary protection zone
shall apply for a wellfield protection permit as provided in Section 21-43.03.
21-43.03 - Wellfield Protection Zone Permits
a. The Director of Environmental Services shall be responsible to administer the wellfield
protection zone permit program.
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b. Application for a wellfield protection permit shall be signed by the applicable owner or
agent.
c. The City shall issue, or renew such permit, upon the applicant's satisfactory demonstration
that all standards required by this Section and other applicable regulations have been met and
the appropriate fee as established by resolution have been paid.
d. A potential applicant is required to arrange a pre -application conference with the Director of
Environmental Services to discuss the permit application criteria and process.
e. The City shall review applications, for compliance with the requirements of this Section and
no application shall be approved unless compliance is demonstrated. Permits or business tax
receipts issued in violation of this Section confer no right or privilege to the grantee.
f. The following information shall be submitted by the applicant seeking a wellfield protection
zone permit:
1. A current survey signed and sealed by a licensed surveyor that, at a minimum,
depicts all existing structures, adjacent streets, water bodies and public water
supply wells.
2. A legal description of the subject property.
3. A description of the proposed activity at the proposed location, including a list of
all known hazardous substances that may be utilized, generated and/or stored at
the subject property.
4. Construction plans and specifications for hazardous substance storage system,
including but not limited to, details of tanks, conveyance and pumping systems,
secondary containment, leak protection, overfill protection and access and an
operating plan.
g. Any person owning or operating a non-residential activity regulated by this Section at the
time of adoption of this Article shall apply for a wellfield protection zone permit within one
year and shall thereafter come into full compliance with the requirements of this Section.
2143.04 - Wellfield Protection Zone Standards
a. A proposed project, construction activity or business tax receipt use shall not adversely affect
the quality and quantity of the potable water supply within the primary and secondary
wellfield protection zone. In assessing the impacts of a proposed activity, the City shall
consider the cumulative impacts of other projects or uses permitted in, or adjacent to, the
Secondary Protection Zone.
b. No discharge or disposal of hazardous substances into the soils, groundwater or surface water
within either the Primary or Secondary Protection Zone will be allowed.
c. Hazardous substance storage tanks are prohibited in the Primary Protection Zone.
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d. Hazardous substance storage tanks in the Secondary Protection Zone shall be constructed and
operated in compliance with 17-762 Florida Administrative Code.
e. The commercial and residential application of certain regulated substances such as pesticides,
herbicides, rodenticides and fungicides shall be permitted in the protection zones subject to
the following conditions:
1. The application is in compliance with the use requirements on the EPA substances
list and as indicated on the containers in which the substances are sold.
2. The application is in compliance with the requirements of Chapters 482 and 487,
Florida Statutes and Chapters 5E-2 and 5E-9, Florida Administrative Code.
3. The application of any of the pesticides, herbicides, fungicides and rodenticides
shall be noticed in the records of the certified operator of the use. The certified
operator shall provide specific notification to the applicators that special care is
required. Said public records shall include, at a minimum, the amount of
substances used, the location of use and the date of the application.
4. Septic disposal systems are prohibited in both protection zones.
5. Existing underground storage facilities in either protection zone shall meet the
construction retrofit standards of Chapter 17-761, F.A.C.
21-43.05 - Exemptions
The following activities or uses are exempt from the provision of this Article:
a. The transportation of any hazardous substance through either the primary or secondary well
field protection zone, provided the transporting vehicle is in transit.
b. Agricultural uses, including mosquito control, except that said uses shall comply with Florida
Statutes Chapter 487, Section 487.011 et seq., the Florida Pesticide Law, and the Florida
Pesticide Application Act of 1974 and Rule 5E 2.001 et seq., and Rule 5E-9.001 et seq.,
F.A.C.
c. The use of any hazardous substance solely as fuel in a vehicle fuel tank or as lubricant in a
vehicle.
d. Storage tanks which are constructed and operated in accordance with the storage tank
regulations as set forth in the Florida Administrative Code.
e. Geotechnical borings.
21-43.06 - Enforcement and Appeals
a. Any violation of the provisions of this Section may subject the property owner, and/or
facility operator, to the enforcement provisions of Article X.
2024-0-05
IV -31
b. The appeals process is described in Article I.
SECTION 21-44 - GROUNDWATER RECHARGE AREAS
2144.01 - Comprehensive Plan Reference
Chapter 373, F.S. declares that the protection of groundwater is necessary to protect future
potable water supplies. Chapter 163, Part II, F.S. requires each local government to protect
identified recharge areas. The provisions of Section 21-44 — Groundwater Recharge Areas are
consistent with and implement the City's Comprehensive Plan contained in the Future Land Use
Element, Utilities Element, Coastal Element and Intergovernmental Coordination Element.
2144.02 - Designation of Recharge Areas
The mapped recharge areas subject to the regulations herein are designated by the St. Johns
River Water Management District and are available for review at City Hall.
21-44.03 - Recharge Area Development Standards
The following standards are required for development projects within the Recharge Area.
a. All stormwater runoff shall be retained on-site in compliance with all applicable state and
local regulations.
b. Any use that manufactures or stores hazardous materials/substances as defined in Section 21-
20 shall be prohibited.
c. Landfills, sludge disposal and incinerators shall be prohibited.
d. Spray irrigation of treated sewage effluent may be permitted in compliance with applicable
Florida Department of Environmental Protection permit criteria.
e. All agricultural and/or silvicultural uses, shall employ the latest applicable Best Management
Practices and Integrated pest Management Plans available from either the Soil Conservation
Service and/or the Florida Department of Agriculture and Consumer Services.
f. All underground storage tanks shall comply with the requirements of Chapters 62-761 and
62-762, F.A.0 and shall be triple walled with impervious material and designed for one
hundred twenty percent (120%) of the proposed capacity.
g. All uses existing at the time of adoption of this Code shall come into compliance with these
requirements by January 1, 2003.
2024-0-05
IV -32
SECTION 21-45 - SENSITIVE HABITAT AREAS
21-45.01 - Comprehensive Plan Reference
The purpose of this Section is to protect the City's significant natural resources. These
regulations are supplemental to and do not supercede applicable State and/or Federal regulations.
The provisions of Section 21-45 - Sensitive Habitat Areas are consistent with and implement the
Comprehensive Plan contained in the Utilities Element, Coastal Element, Conservation Element
and Intergovernmental Coordination Element.
21-45.02 - Development Thresholds & Exemptions
a. The Listed Species requiring protection are those described as endangered or threatened by
Federal and State regulatory agencies.
b. Nothing in this Section exempts any proposed development activity from complying with all
appropriate State and Federal regulations.
21-45.03 - Listed Species Assessment Procedures
a. When the pre -application conference for a proposed project determines the possibility of one
or more listed species inhabiting a site, the applicant shall submit an assessment to the
Development Services Department on the forms provided by the Department. This
application shall be completed by a qualified professional and include the following:
1. The name, address and signature of the property owner;
2. The name, address and signature of the applicant;'
3. A legal description of the subject property;
4. A recent property survey;
5. A description and location of the listed species found on the proposed site;
6. A description of the field surveying techniques used; and
7. Other material as may be deemed appropriate by the Development Services
Director.
b. When a listed species is found, the applicant may be required to submit a mitigation program
to protect the listed species. The mitigation program shall be evaluated as follows:
2024-0-05
1. Approval by Florida Fish and Wildlife Commission;
2. Provision of any permits needed from State and/or Federal agencies;
3. The dedication of a conservation easement to the City and/or any other applicable
agencies.
IV -33
SECTION 21-46 — OPEN SPACE
21-46.01 - Comprehensive Plan Reference
The purpose of this Section is to protect the City's designated open space. These regulations are
supplemented to and do not supercede applicable State and/or Federal regulations. The
provisions of Section 21-46, Open Space, are consistent with and implement the Comprehensive
Plan in the Future Land Use Element and the Recreation and Open Space Element.
2146.02 - Open Space Standards
a. All proposed development/redevelopment shall be designed to ensure the protection of
existing designated open space areas.
b_All proposed residential development/redevelopment shall provide a minimum of twenty five
percent (25%) common open space as defined in Article II.
c. Open space requirements for multifamily development shall use the following table to
determine the required space. Open space areas shall include areas placed within
preservation, recreation areas and amenities provided said amenities or areas are not
enclosed with conditioned space. Stormwater retention or detention shall not be
considered unless the minor amenity is provided. Drainage retention areas shall not
exceed 25% of the open space requirement. Open space shall not include open bodies of
water, right of ways, yards, off street parking, or other areas of impervious surface area
that do not meet the criteria.
Dwellina Minimum
Units Oven Space
0-50
25%
51-150
35%
151+
40%
Sections 21-47 through 21-48 reserved for future use.
2024-0-05
IV -34
ARTICLE V
SITE DESIGN CRITERIA
SECTION 21-50 - GENERAL PROVISIONS..............................................................................................................1
2I-50.01 - Purpose.....................................................................................................................................................1
21-50.02 - Minimum Site Dimensions......................................................................................................................1
_21-50.03 Amenities for Multifamily Developments ...................................................................................................4
21-51.01 - Comprehensive Plan Reference...............................................................................................................5
21-51.02 - General Requirements..............................................................................................................................5
21-51.03 - Utility Easements.....................................................................................................................................6
SECTION 21-52 - VEHICLE/PEDESTRIAN CIRCULATION REQUIREMENTS....................................................7
21-52.01 - Comprehensive Plan Reference...............................................................................................................7
21-52.02 - Access/Driveways....................................................................................................................................7
21-52.03 - Drive -Up Facilities Standards..................................................................................................................9
21-52.04 - Sidewalks...............................................................................................................................................10
21-52.05 - Street Design Standards.........................................................................................................................10
21-52.06 - Public Recreation...................................................................................................................................13
SECTION 21-53 - STORMWATER MANAGEMENT REQUIREMENTS...............................................................15
21-53.01 - Comprehensive Plan Reference.............................................................................................................15
21-53.02 - Permit Authority ....................................................................................................................................15
21 -53.03 -Exemptions to Permit Requirements.....................................................................................................15
21-53.04 - General Design Standards......................................................................................................................16
21-53.05 - Site Attenuation Standards.....................................................................................................................18
21-53.06 - Positive Outfall Standards......................................................................................................................18
21-53.07 - Shoreline Protection Standards..............................................................................................................21
21-53.08 - System Maintenance Standards..............................................................................................................21
21-53.09 - Stormwater Permit Application..............................................................................................................21
21-53.10 - Plan Adherence......................................................................................................................................22
21-53.11 - Enforcement...........................................................................................................................................22
SECTION 21-54 - LANDSCAPING REQUIREMENTS............................................................................................23
21-54.01 - Comprehensive Plan Reference.............................................................................................................23
21-54.02 - Installation Standards.............................................................................................................................23
21-54.03 - Parking Lot Landscaping Requirements................................................................................................24
_21-54.04 - Buffer Yard Determination Process........................................................................................................25
21-54.05 - Buffer Yard Installation Standards.........................................................................................................29
SECTION 21-55 - TREE PROTECTION REQUIREMENTS....................................................................................31
21-55.01 - Comprehensive Plan Reference.............................................................................................................31
21-55.02 - Tree Removal Permit .............................................................................................................................31
21-55.03 - Tree Removal Permit Standards.............................................................................................................32
21-55.04 - Exemptions.............................................................................................................................................33
21-55.05 - Historic Trees.........................................................................................................................................33
21-55.06 - Specimen Trees......................................................................................................................................34
21-55.07 - Historic and Specimen Tree Protection Requirements...........................................................................34
21-55.08 - Area Tree Protection Requirements.......................................................................................................35
21-55.09 - Installation Requirements.......................................................................................................................35
21-55.10 - Enforcement...........................................................................................................................................36
SECTION 2I-56 PARKING AND LOADING REQUIREMENTS............................................................................36
21-56.01 - Comprehensive Plan Reference.............................................................................................................36
21-56.02 - Off -Street Parking Standards.................................................................................................................36
21-56.04 - Joint Parking Use Agreements...............................................................................................................41
21-56.05 - Loading Berth Standards........................................................................................................................41
SECTION 21-57- PLANNED UNIT DEVELOPMENT DESIGN CRITERIA...........................................................43
CITY OF EDGEWATER LAND DEVELOPMENT CODE
2024-0-34 Article V
21-57.01 - Comprehensive Plan Reference.............................................................................................................43
21-57.02 - Residential Planned Unit Development (RPUD)...................................................................................43
21-57.03 - Business Planned Unit Development(BPUD).......................................................................................44
21-57.04 - Industrial Planned Unit Development(IPUD).......................................................................................45
21-57.05 — Mixed -Use Planned Unit Development(MUPUD)...............................................................................46
21-57.06 - Sustainable Community Development Planned Unit Development (SCD/PUD)..................................47
CITY OF EDGEWATER LAND DEVELOPMENT CODE
2024-0-34 Article V
ARTICLE V
SITE DESIGN CRITERIA
SECTION 21-50 - GENERAL PROVISIONS
21-50.01- Purpose
The purpose of this Section is to establish site design and development criteria for all
public/private development and redevelopment. Pursuant to the requirements of Florida Statutes,
all plans submitted for review by the City shall be signed and sealed by the appropriate
professional person.
In addition to City-wide site design criteria 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-S.R. 442 Corridor Design Regulations and Article XX, Ridgewood Avenue
Corridor Design Regulations, are applicable to properties within each respective design overlay
district and include site design and architectural design criteria that supersede the requirements
set forth in this Article. 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.
21-50.02 - Minimum Site Dimensions
Table V-1 depicts the minimum lot size, setbacks, height, building coverage and floor area
requirements for each zoning category.
Minimum site dimensions may be administratively waived if non -conforming sites are created by
eminent domain activities (State, County or City).
CITY OF EDGEWATER LAND DEVELOPMENT CODE
2024-0-34 V-1
TABLE V-1
SITE DIMENSIONS
Zoning Category Min. Lot
Sq.Ft.
(12)
Min. Lot
Width Ft.
Min. Lot
Depth FL
Min.
Front
Yard Ft.
(1)(4)(15)
Min. Rear
Yard Ft.
(1) (4)
Mia Side
Yard Ft.
(1)(4)(8)
(10) (11) (15)
Max.
Height
Ft.
Max %
Bldg
Coverage
Max. %
Imp.
Coverage
Min.
Floor
Area
Sq. Ft.
AG, Agriculture 2.5 acres
200
N/A
50
50
25
35
15
N/A
1,200
CN, Conservation N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
P/SP, Public/Semi-Public N/A
N/A
N/A
30
20
10
35
40
60
NA
R T, Rural Transitional I acre
100
N/A
40
40
25
35
25
60
1,200
R- I, Single Family Residential 12,000
100
120
40
30
(5)10
26
30
60
1,300
R-2, Single Family Residential (13) 10,000
80
125
30
20
10
26
30
60
1,200
R-3, Single Family Residential 8,625
75
115
30
20
10
26
30
60
1,000
R-4, Mu4 am+L-Single Family N/A
Residential - (9)
(14)
(14)
(2)40
(2)25
(2)10
35
30
60
1,000
R -S, Multifamily Residential (9) N6h10000
44)100
(-44)125
(-+;&Ll6
(2j-23��
(-2-)-IB 16j
35
35
6050
850
RPUD, Residential PUD N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
RP, Residential Professional 10,000
80
125
N/A
N/A
N/A
26
N/A
60
N/A
MH -1, Mobile Home Park - 5 acres N/A
N/A
N/A
15
10
10 (between
units)
N/A
N/A
60
N/A
MH -2, Manuf Home Sub50 acres N/A
60
Ito
25 (b)
10
8
15
30
60
N/A
80
125
40
20 (3)
10(3)
26
30
75
N/A
B-2, Neighborhood Business 10,000
B-3, Highway Commercial N/A
150
N/A
40
25 (3)
25 (3)
45
30
75
N/A
B-4, Tourist Commercial - 2acres N/A
100
N/A
40
40(3)(5)
25
50
40
75
N/A
BPUD, Business PUD N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
1-1, Light Industrial N/A
75
N/A
25
20 013) (7)
10 (3)
45
50
1.2, Heavy Industrial N/A
N/A
N/A
25
20 173) (7)
10 (3)
45
60
IPUD, Industrial PUD N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
4N/AN/A
MUPUD, Mixed Use PUD N/A
N/A
N/A
N/A
N/A
NAA
N/A
N/A
SCD/PUD. Sustainable Community N/A
Development PUD
N/A
N/A
N/A
N/A
N/A
N/A
N/A
CITY OF EDGEWATER LAND DEVELOPMENT CODE
2024-0-34 V-2
TABLE V-1 FOOTNOTES
(1) 50 feet upland from mean high water line.
(2) Setbacks for single family homes in multifamily zoning districts shall be the same as the
R-2 District.
(3) 3038 feet when adjacent to residential zoning/use.
(4) 25 feet upland from wetlands vegetation.
(5) 2 story dwellings shall increase side setback additional 5 feet on river, lakes, golf course
& common open space.
(6) From cartway.
(7) Zero setback abutting RR.
(8) Abandoned/non-developed streets in Florida Shores require a ten (10) feet side corner
setback.
(9) 3 or more units shall comply with density and other requirements for site plan approval.
(10) Side corner lots shall have two (2) side yard setbacks, no rear.
(11) Side corner setbacks shall be the same as front yard.
(12) Minimum lot square footage shall be calculated based on the minimum lot width,
minimum lot depth, and/or uplands area.
(13) All properties located on SR 442 shall have a forty foot (40') setback from the new right-
of-way lines.
(14) Single family or duplex uses in the R-4 aHd4?,�Iistrict shall have a minimum lot size of
75 feet by 115 feet.
(15) Commercial gasoline pump island canopies setbacks shall be at least 20 -feet from the
front property line and five (5) -feet from the side property line.
(16) The minimum setback requirements in R-5 for multi -family developments for buildings,
including anything attached thereto, with the exception of non -covered sidewalks, at the time of
construction or any time thereafter which serves to increase the size of its footprint, including,
but not limited to: paved slabs, patios, and porches are as follows:
2024-0-3445 V-3
1. Front yard setback:
• Local roadway: 25 feet
• Collector roadway: 25 feet
• Arterial roadway: 50 feet
2. Side yard setback:
• Residential, commercial, industrial, institutional, mixed-use,
recreation zoning: 65 feet
• Local roadway: 25 feet
Collector roadway: 25 feet
Arterial roadway: 50 feet
3. Rear yard setback
Residential, commercial, industrial, institutional, mixed-use,
recreation zoning: 65 feet
Local roadway: 25 feet
• Collector roadway: 25 feet
Arterial roadway: 50 feet
(17) 50 feet when adjacent to residential zoning or use.
SECTION 21-50.03 — Amenities for Multifamily Developments
Amenities must be included in an R-5 zoning multifamily development plan with at least
10 dwelling units according to the following table:
Dwelling
Units
Minor
Ameni
Maior
Amenitv
10-20
1
0
21-50
1)
0
51-150
3
2
151-250
4
3
251+
5
4
A homeowner association or other private entity must maintain all such amenities.
Amenities are approved at the discretion of the Development Services Director. The
following two excerpts provides examples of Maior and Minor Amenities.
Minor Amenities: Plaveround (slide and 3 swings). Doe Park with one
dog waste station and dog water fountain, minimum 7 -foot paved
walking trail around water retention or detention pond with 1 doe
waste station per 500' with a minimum of l dog waste station per 50
units, outdoor grills, butterflyۥarden with 2,000 square foot minimum,
raised bed gardens and irrigation (minimum 2' x 4' bed for 10% of
2024-0-3405 V-4
units), 4 dog wash station, secured package room, recreational lounge
with billiards table, air conditioned storage units (minimum 10% of
units
ii. Major Amenities: Pool (minimum occupancy 60 persons), spa
(minimum occupancy of 20 persons), sauna or steam room (minimum
occupancy of 15 persons) gym (minimum 14 pieces of equipment —
dumbells or any form of free weight exercises that utilize freeweights
such as benchpress, squatting, power clean and the associated rack
count as one maior amenity), bowling alley (minimum two lanes),
office station (minimum 15 computers and work stations), full time
security/concierge. two regulation sports courts (pickleball, basketball.
tennis).
21-51.01 - Comprehensive Plan Reference
The provisions of Section 21-51 - Utilities are consistent with and implement the Comprehensive
Plan contained in the Future Land Use Element and Utilities Element.
21-51.02 - General Requirements
a. All development shall comply with the appropriate sections of Article XI (Concurrency
Management System).
b. All new development shall connect to the City's water and sewer system. Temporary
package plants may be permitted if City -owned water and sewer collection and distribution
system improvements are planned.
c. All new development shall be required to connect to the reclaimed water system, if available.
Drylines may be required for future reclaimed water system service.
d. All groundwater used in water -to -air heating and air conditioning systems must be directed to
landscape irrigation systems, groundwater injection or exfiltration systems.
e. All development shall comply with the current SJRWMD water conservation requirements.
f. All development shall pay the adopted City and County impact and development fees.
g. All multifamily, commercial and industrial development shall be required to install backflow
preventers.
h. All multifamily, commercial and industrial development shall be required to locate and
install fire protection appliances pursuant to the criteria established in Article XVI.
i. The developer shall obtain approved plans from appropriate electrical utility provider for
2024-0-3445 V-5
street light design. All new developments shall be required to create a streetlight assessment
district to fund installation and operation/maintenance expenses. The streetlight district will
be under the control of the homeowner's association. Streetlights shall be generally provided
at all intersections and at intervals of no more than 300 feet apart along each street.
j. All utility lines including wastewater, potable water, reclaim water, gas, electrical power,
telephone, television, telecommunications, video, internet, broadband and similar services
(collectively used herein as "utility facilities") in new residential developments shall be
installed underground.
k. All utility facilities for new non-residential developments shall be placed underground from
the property line to the structure.
1. Substantial improvements, additions or renovations to structures on non-residential properties
that exceed 50 percent of the structure's assessed value and require upgraded or relocated
utility facility service shall relocate existing overhead utility facility service to an
underground service.
m. Existing overhead electrical service lines shall be relocated underground for any electrical
service upgrades equal to or exceeding 250 amps for non-residential properties.
n. Non-residential developments may be exempt from placing all or a portion of utility services
underground if such initiative will require the addition of utility poles outside of the property
line. The Technical Review Committee (TRC) shall make the final determination.
k. The City may require the oversizing of a utility line to serve future customers. The City shall
be responsible for payment of the oversizing of the utility line.
I. Valves shall be spaced at a maximum of 1,000 feet along all water mains.
in. All water mains shall be looped to provide adequate pressure and system redundancy.
n. All water systems designs shall maintain 20 psi residual pressure during maximum demand
on the system.
o. Manholes shall be spaced at all change in pipe slope and direction and at intervals no greater
than 400 feet.
p. Fire hydrants shall be installed only on a water main of six (6) inch and larger.
q. All construction shall comply with the City's Standard Construction Details.
21-51.03 - Utility Easements
a. All new electric, telephone, fiber optics, cable television and other such lines (exclusive of
transformers or enclosures containing electrical equipment) and gas distribution lines shall be
placed underground within easements or public rights-of-way
2024-0-3493 V-6
b. Lots abutting existing easements or public rights-of-way where overhead electric, telephone
or cable television distribution supply lines and service connections have previously been
installed may continue to be supplied with such services using the overhead facilities.
c. When a developer installs or causes the installation of water, sewer, gas, electrical power,
telephone or cable television facilities and intends that such facilities shall be owned,
operated or maintained by a public utility, the developer shall transfer to such utility the
necessary ownership or easement rights to enable the utility or entity to operate and maintain
such facilities.
SECTION 21-52 - VEHICLE/PEDESTRIAN CIRCULATION REQUIREMENTS
21-52.01 - Comprehensive Plan Reference
The arrangement, character, extent, width, grade and location of all streets shall be considered in
their relation to existing and planned streets, topographical conditions, public convenience and
safety and in their appropriate relation to the proposed uses of the land to be served by such
streets. The provisions of Section 21-52 - Vehicle/Pedestrian Circulation are consistent with and
implement the Comprehensive Plan contained in the Future Land Use Element and
Transportation Element.
The regulations and requirements as herein set
parcels of land or development within the City
facilitate safe vehicle and pedestrian patterns.
21-52.02 - Access/Driveways
forth are intended to provide legal access to all
and to control vehicular movements thereof to
a. Prior to issuance of a building permit, all parcels, lots or new development shall have access
to an improved public road or private road.
b. Driveway access to any corner lot located on a local street (City maintained) shall be located
or relocated a minimum of forty feet (40') from the intersection of right-of-way lines of other
local streets and a minimum of one hundred feet (100') from the intersection of right-of-way
lines on all other functionally classified streets.
c. New driveway connections on arterial and collector roads shall adhere to FDOT access
management standards in Section 14-97 Florida Administrative Code. Driveways shall
conform to current FDOT turning radius standards.
d. The City shall have the authority to require the creation, use and maintenance of common,
joint -use driveways or other common ingress/egress facilities which provide access to two
(2) or more lots, parcels or developments, when such joint use driveways are needed to
protect, maintain or improve public traffic safety (see 21-57.04). Creation of joint use
driveways shall be by recorded legal agreement provided that in all cases the agreement
must:
2024-0-3444 V-7
1. Hold the City harmless from any and all claims or potential liability; and
2. Be recorded in the public records of Volusia County, Florida prior to issuance of a
building permit; and
3. Must run with the lands involved and be binding on the parties to agreement, their
successors or assigns.
e. Adjacent (same side of the roadway) single family and duplex residential driveways shall be
paved with materials approved by the City including the apron and separated by a minimum
of ten feet (10') as measured driveway edge to driveway edge. No driveway shall be closer
than five feet (5') to any lot line or encroach into any side or rear easement. At a minimum,
access driveways to vacant lots shall be paved in the right-of-way from existing pavement to
the lot line.
f. Adjacent nonresidential driveways shall be separated by a minimum of forty feet (40') as
measured driveway edge to driveway edge, unless there is a recorded joint access agreement.
g. To the extent reasonably possible, driveway access to nonresidential land uses shall line up
with driveways across the street.
h. All non-residential parcels shall be limited to one access point per street.
i. Non-residential land uses or developments (including parking lots) shall not connect to, have
access to or primarily use any local residential street, unless:
1. No other site access (including joint use driveways with other parcels) is possible.
2. All traffic, site, and environmental conditions of the subject site, street, and
neighborhood are, or will be suitable and compatible to accommodate the
anticipated traffic, environmental and aesthetic impacts of the proposed
nonresidential use or development without significant adverse impacts to
neighborhood and the City as a whole. The site evaluation/traffic analysis report
shall be submitted by the project applicant for the City's review and approval.
j. The City may require dedication of access rights to the City to control future ingress and
egress.
k. Driveways shall have a minimum width of nine feet (9') for access way serving residential
uses, a minimum width of twenty feet (20') for double access ways and twelve feet (12') for
single access ways serving multi -family or non-residential areas.
1. The City shall have the authority to require the reduction of the number of or width of
existing driveways for any modifications to an existing structure, parking area or current
property uses.
m. Driveways for single-family residential properties equal to or greater than one (1) acre shall
be paved from the access point to the minimum front yard setback for the property's
2024-0-3401 V-8
respective zoning district.
n. Driveways for single-family residential and two-family residential properties less than one (1)
acre shall be paved from the access point and extend into an enclosed area for the primary
garage or carport. In the absence of a garage or carport, the driveway shall be paved from the
access point and extend to the primary building frontage line.
All additional and/or secondary garages and/or carports located on single-family residential
and two-family residential properties less than one (1) acre shall require an apron paved from
the access point extending at least three feet (3') into the property and a stabilized pathway
and/or wheel path to the enclosed area of said garage and/or carport.
p. All construction shall comply with the City's Standard Construction Details
21-52.03 - Drive -Up Facilities Standards
All facilities providing drive -up or drive-through service shall provide on-site stacking lanes in
accordance with the following standards:
a. The facilities and stacking lanes shall be located and designed to minimize turning
movements in adjacent streets and intersections.
b. The facilities and stacking lanes shall be located and designed to minimize or avoid conflicts
between vehicular traffic and pedestrian areas such as sidewalks, crosswalks or other
pedestrian access ways.
c. A by-pass lane shall be provided so that the full aisle width is provided for parking
maneuvers.
d. Stacking lane distance shall be measured from the point of entry nearest the drive-through
area to the center of the farthest drive-through services window area.
e. Minimum stacking lane distance shall be as follows:
1. Financial institutions shall have a minimum of one stacking lane with a minimum
distance of one hundred seventy five feet (175') per lane.
2. Restaurants, full service car washes and day care facilities shall have minimum
stacking distance of two hundred feet (200').
3. Self service car washes (per bay) and dry cleaners shall have a minimum stacking
distance of 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 furthest service window area.
6. Drive -Through Separate from Other Circulation: The drive-through lane shall be
2024-0-3409 v -v
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.
f Alleys or driveways in or abutting areas designed, zoned, or developed for residential use
shall not be used for circulation of traffic for drive -up facilities.
g. Where turns are required in the exit lane, the minimum distance from any drive -up station to
the beginning point of the curve shall be thirty-four feet (34'). The minimum inside turning
radius shall be twenty-five feet (25').
21-52.04 - Sidewalks
A system of sidewalks shall be provided by the developer to provide safe movement of
pedestrians separately from motor vehicles.
a. Sidewalks shall be required on both sides of streets in all new development projects and
redevelopment projects. In lieu of sidewalk installation, funds may be paid to the Pedestrian
System Development Fund. Installation of the sidewalk or payment into the above referenced
Fund shall be at the discretion of the TRC.
b. The sidewalk shall be constructed in the dedicated right-of-way.
c. All sidewalks shall have a minimum width of four feet (4') and be separated by at least four
feet (4') from the road edge and comply with the City's Standard Construction Details.
d. As an alternative in residential areas, sidewalks may be provided within rear lot easements or
common open space areas as part of an approved development plan.
e. Sidewalks shall connect to existing pedestrian circulation facilities for all projects within a
distance and/or radius of 1,000 -feet.
21-52.05 - Street Design Standards
a. The arrangement, character, extent, width, grade and location of all new and improved streets
shall conform to the adopted Comprehensive Plan now in existence or as may hereafter be
adopted and shall be considered in their relation to existing and planned streets, to
topographical conditions, to public convenience and safety and in their appropriate relation to
the proposed uses of the land to be served by such streets.
Where such is not shown in the Comprehensive Plan now in existence or as may hereafter be
adopted, the arrangement of streets in a subdivision shall either:
1. Provide for the continuation or appropriate projection of existing major streets in
surrounding areas, or
2. Conform to a plan for the neighborhood or be aligned to meet a particular
situation where topographical or other conditions make continuance or
2024-0-3495 V-10
conformance to existing streets impractical.
b. All new streets to be established within a subdivision shall meet the following minimum
design standards.
1. Local streets. Local streets shall be laid out so that use by through traffic will be
discouraged.
2. Subdivisions on arterial streets. Where a subdivision abuts or contains an existing
or proposed arterial street, the subdivider shall provide reverse frontage lots with
a planting screen contained in a non -access reservation along the rear property
lines or such other treatment as may be necessary for adequate protection of
residential properties and to afford separation of through and local traffic.
3. Intersection designs. Streets shall be laid out and aligned to intersect as nearly as
possible at right angles and no street shall intersect at less than sixty (60) degrees.
Street jogs and intersections with centerline offsets of less than one hundred fifty
feet (150') shall be prohibited. Multiple intersections involving the juncture of
more than two (2) streets shall be prohibited. A minimum sight distance of two
hundred feet (200') from any intersection shall be maintained on intersecting
streets; however, this requirement shall not be construed as requiring an increase
in the minimum allowable intersection separation of one hundred fifty feet (150').
4. Proposed streets shall be designed to provide access to adjoining unsubdivided
tracts at logical locations for future subdivisions.
5. A minimum of two points of access shall be provided into each subdivision of
twenty-five (25) lots or more. Where adjoining existing development and code
requirements preclude the development of two public street access points, an
unobstructed driveable access way may be substituted.
6. Right-of-way line intersections shall be rounded with a minimum radius of
twenty-five feet (25'). A greater radius may be required on collector or arterial
roads, or where road construction details require.
7. Minimum street design specifications. All streets to be established in a
subdivision shall be graded to their full required right-of-way width and designed
in accordance with the following minimum right-of-way specifications:
Arterial 150 ft.
Collector 100 ft.
Local 60 ft. (open drainage)
50 ft. (curb and
gutter)
8. Cul-de-sac. All cul-de-sacs shall comply with the requirements contained in the
Standard Construction Details.
9. Street access to adjoiningproperty. Street stubs to adjoining unplatted areas shall
be provided when required to give access to such areas or to provide for proper
traffic circulation. Street stubs in excess of two hundred fifty feet (250') shall be
provided with a temporary cul-de-sac turnaround. The developer of the adjoining
area shall pay the cost of restoring the street to its original design cross-section
and extending the street.
2024-0-344_5� v-11
10. Street names. Street names shall not be used which will duplicate, be
phonetically similar or be confused with the names of existing or other proposed
streets, except that new streets which are an extension or in alignment with
existing streets shall bear the same name as that borne by such existing streets.
All courts and circles shall have one name only. All street names shall be
submitted with the preliminary plat to the County of Volusia prior to final plat
approval for 911 verification.
11. Street name signs, pavement markings and regulatory signs. Required signs shall
be in place prior to acceptance by the City. All signing and pavement markings
shall be in accordance with "USDOT Manual on Uniform Traffic Control
Devices". All pavement markings shall be thermoplast. Street name signs shall
be a minimum of six inches (6") in height with letters four inches (4") in height.
At cross-section intersections, two (2) street signposts shall be located diagonally
across the intersection from each other. Only one street signpost shall be required
at T -street intersections. Thirty inch (30") "STOP" signs shall be required at each
street intersection unless otherwise approved or required by the TRC.
C. Construction
Basic construction requirements for roads are as follows:
1. Residential roadway pavement shall consist of 1-1/4 inches of compacted Type S-
I asphalt over an eight inch (8") soil cement or limerock base, over an eight inch
(8") compacted subbase. Alternative concrete pavements may be approved.
2. Commercial roadway pavement shall consist of two inches (2") of compacted
Type S -I or S -III asphalt, over an eight (8") compacted limerock or six inch (6")
compacted soil cement base over a twelve inch (12") compacted shellrock
stabilized subbase.
3. All new roads shall have concrete curbs. Miami curbs are required on local
streets with vertical curbs for enclosed drainage on major collector and arterial
roads.
4. The remainder of the right-of-way shall be cleared, graded and sodded.
5. Signs for street identification and traffic control shall be installed by the City at
the developer's expense. Signs shall be based on the requirements of the Federal
Highway Administration Manual of Uniform Traffic Control Devices, current
edition or other City specifications.
d. Alleys. In single-family residential districts alleys shall be discouraged, but may be required
in other than residential districts to provide for proper traffic circulation. When provided in
any district, alleys shall have a minimum right-of-way width of thirty feet (30').
e. Easements. Easements for utilities, including water, wastewater, electric, cable, telephone
and gas and drainage easements, shall be provided as follows:
1. Utilities. Utility easements centered on side or rear lot lines shall be provided
where deemed necessary and shall be at least fifteen feet (15') in width.
Additional width may be required for wastewater and/or drainage easements.
Side lot line easements may be decreased to ten feet (10') in width when serving a
2024-0-3493 V- 12
single electric or telephone utility.
2. Drainage. Where a proposed subdivision is transversed (traversed) by or abuts a
watercourse, drainage way or stream, a conservation and stormwater easement or
drainage way, canal or stream and such further width or construction or both as
will be adequate for the purpose shall be provided. Where a drainage way or
canal exists or is proposed, a maintenance easement approved by the City shall be
provided.
3. Access waterways. Waterways which are constructed or improved for the purpose
of providing access by the water to lots within a subdivision shall have a
minimum easement or right-of-way width of one hundred feet (100'), except
where adequate shoreline protection is provided, the minimum right-of-way may
be reduced to sixty feet (60').
f. Turn lanes - A left turn lane shall be provided at each access point with an average daily trip
end of 1,000 vehicles and/or more than 25 peak hour left turn movements. A right
turn/deceleration lane shall be provided when the posted speed limit equals or exceeds 35
miles per hour or if the proposed development will generate 100 or more peak hour right turn
movements. Turn lane requirements shall be provided on all immediately adjacent roadways
affected by any development/redevelopment project unless deemed unfeasible/impractical by
the TRC.
21-52.06 - Public Recreation
a. Requirements. If a proposed development exceeds the required Level of Service standards
for Public Recreation, as set forth in Section 21-46 and 21-135, the developer shall deed said
land to the City or Homeowner's Association, pay a fee in lieu thereof or provide a
combination of the above at the option of the City Council. This condition shall be met prior
to final plan approval.
b. General Standard
Recreation impacts of proposed development shall be based on the anticipated population
within said development and is calculated by the following formula:
Unit Type
Pop./Unit
Single Family Residential
2.5
Duplex
2.3
Multi -Family Residential
2.0
Mobile/Manufactured Home
2.0
c. Formula for fees in (lieu q)9 land conveyance.
If it is determined that the proposed development does not include any land
designated by the Edgewater Comprehensive Plan as Recreation, to serve the
immediate and future needs of the city residents and the developers are unable to
provide Recreation lands outside the proposed development that are so designated
and is required by Section 21-135, then the developer shall, in lieu of conveying
land, pay a fee to the city equal to the value of land acreage as provided by the
2024-0-3403 V -I3
current Volusia County Property Appraiser's assessed value for the nearest park
or land deemed open space.
d. Use of Fees. The fees collected hereunder shall be paid to the City of Edgewater. All such
fees shall be placed in a reserve account in trust with the general fund and shall be known as
the reserve trust for lands for parks and open space. Moneys within the reserve account shall
be used and expended solely for the acquisition, improvement, expansion of city parks and
open space land and to provide recreational equipment, facilities and land improvements as
determined by the City Council. (Ord. No. 84-0-37, FS, 1-7-85).
e. Criteria for requiring both conveyance and fee. In any development of over twenty-five (25)
dwelling units, the developer may be required to convey the land and pay a fee in accordance
with the following formula:
When only a portion of the land which the developer is required to convey for
parks is to be conveyed, such portion shall be conveyed for parks or a fee
computed pursuant to the provisions set out herein shall be paid to the City for
any additional land that the developer would otherwise have been required to
convey hereunder.
2. When most of the land designated as parks in the vicinity of the proposed
development is needed to complete the site, such remaining portion shall be
conveyed by the developer and a fee shall be paid by the developer in lieu of
conveying the additional land which the developer would otherwise be required to
convey and such fees to be used for the improvements of other city park land in
the area serving the development.
f Determination of land or fee. The City Council shall determine whether to accept land or
require payment of the fee in lieu thereof, after consideration of the following:
1. Topography, geology access and location of land in the development available for
dedication;
2. Size and shape of the development and land available;
3. The feasibility of conveyance;
4. Availability of previously acquired parks property;
5. Whether the developer owns or controls other land designated in the Edgewater
Comprehensive Plan or other lands; and
6. Accessibility.
g. Procedure. In subdivisions requiring plat approval, the developer shall agree in writing to
convey land for parks or pay a fee in lieu thereof or a combination of both. The City Council
shall consider the request after a recommendation from the Leisure Services Department and
the Planning and Zoning Board at the time of approval of the preliminary plat. At the time of
approval of the final subdivision plat the developer shall convey the land and pay the fees as
previously determined by the City Council, but not later than issuance of a building permit.
2024-0-3403 V-14
SECTION 21-53 - STORMWATER MANAGEMENT REQUIREMENTS
21-53.01 - Comprehensive Plan Reference
The intent of this Section is to provide regulations that ensure post -development stormwater
runoff rates/volumes that do not exceed the pre -development rates/volumes and to prevent
erosion, sedimentation and flooding to the maximum extent possible, and to prevent illicit
discharge and/or illicit connections to the stormwater system. The provisions of Section 21-53-
Stormwater Management are consistent with and implement the Comprehensive Plan contained
in the Future Land Use Element, Utilities Element, Coastal Element, Conservation Element and
the National Pollutant Discharge Elimination System Permit (NPDES).
21-53.02 - Permit Authority
No development activity can occur without obtaining a stormwater permit from the City and any
similar permit issued by State or Federal regulating agencies having jurisdiction, to include but
not be limited to the following examples: St. Johns River Water Management District
(SJRWMD), Florida Department of Environmental Protection (FDEP), United States
Environmental Protection Agency (USEPA), United States Army Corps of Engineers
(USACOE). In some cases, at the sole discretion of the City Manager, the City may elect to
accept alternative criteria as satisfying the requirements and standards necessary to obtain a City -
issued stormwater permit. Such alternative criteria shall be at least equal to, or more protective
than City standards, and may be equal to the standards promulgated by or recommended by
SJRWMD, FDEP, USEPA, or USACOE. Development below thresholds of the SJRWMD shall
require a City stormwater permit.
The following activities may potentially alter or disrupt existing stormwater runoff patterns and
shall require a permit prior to the initiation of any project:
a. Clearance and/or draining of land as an adjunct to construction;
b. Clearance and/or draining of nonagricultural lands for agricultural purposes;
c. Subdivision of land;
d. Replatting of recorded subdivisions;
e. Changing the use of land, or construction of a structure or a change in the size of
one or more structures;
f. Filling of depression areas;
g. Construction of a driveway that crosses a public swale or ditch.
h. Altering the shoreline or bank of any surface water body.
21-53.03 — Exemptions to Permit Requirements
The following activities shall be exempt from the formal stormwater permitting procedures of
this article unless found by the City to cause or contribute to deficiencies or violations of other
portions of this Article:
a. Maintenance work on utility or transportation systems, if performed on established rights-of-
way or easements; provided such maintenance work does not alter the purpose and intent of
2024-0-3463 V -I5
the system as constructed.
b. Maintenance work performed on mosquito control drainage canals.
c. Any maintenance, alteration, renewal, use or improvement to any existing structure not
changing or affecting the rate or volume of runoff or the impervious surface area.
d. The acceptance of a plat by the City Council in accordance with the subdivision regulations
or approval of a site plan, shall be construed to include an approval of the stormwater
management system and a separate permit under this Section is not required. Subsequent
changes or additions not reflected by the accepted plat, or site plan, however shall be subject
to the terms of this Article.
e. Any maintenance, alteration, renewal, use or improvement to an existing structure that does
not increase the rate or volume of stormwater runoff. The City will recognize exemptions
given by the SJRWMD, provided the exemption and design standards comply with the City
Land Development Code and/or Standard Construction Details.
f. Construction of any new structure that consumes less than 1,000 square feet of impervious
surface per parcel, provided that no fill or excavation is performed which would adversely
alter the existing runoff patterns for the subject property or of adjacent properties. The total
impervious surface on the subject parcel shall not exceed 1,000 square feet to qualify for this
exemption.
21-53.04 - General Design Standards
a. In general, the latest revision of the U.S. Department of Agriculture, Soil Conservation
Service's Technical Release No. 55 entitled A Urban Hydrology for Small Watersheds shall
be used in the stormwater designs described herein. However, the City Engineer may
authorize the use of alternative methodology, such as the Green-Ampt model or the Horton
infiltration method, where geotechnical factors are notably distinct from those used in the
TR -55 method. Examples may include large areas with an abundance of Hydrologic Soils
Group "A" soils or large areas with weighted runoff Curve Number less than 40..
b. One (1) hard -copy and one (1) electronic copy of the stormwater calculations signed and
sealed by a licensed professional engineer shall be submitted for all proposed developments
exceeding 9,000 sqft total impervious surface. For the purposes of this chapter, impervious
surface shall include rooftops, pedestrian walkways, all areas generally devoid of vegetation
where vehicular traffic is reasonably expected to occur regardless of surface material type.
c. Innovative approaches to stormwater management shall be encouraged and the concurrent
control of erosion, sedimentation and flooding shall be mandatory. Best Management
Practices (BMPs) shall be used in controlling stormwater runoff prior to discharge to the
City's MS4 or waters of the United States.
d. On-site pollution abatement shall be provided for no less than one -half-inch runoff depth
over the entire project area. For sites which contribute runoff, whether directly or indirectly,
2024-0-3403 V-16
to receiving waters for which the FDEP has adopted a Basin Management Action Plan
(BMAP) or a similar document to remedy an impairment by imposing reductions on the City
in the form of Total Maximum Daily Loads (TMDL), or equivalent, for point -source and
non -point -source pollutants, the City shall assess the proportionate share of such reductions
to be bome by any new development or redevelopment.
e. Pollution abatement shall be provided through retention where the project soils allow the
process to occur. If one hundred percent (100%) of the retention volume is not capable of
evacuation within seventy-two (72) hours through percolation and evapo-transpiration,
detention with filtration may be used. A minimum factor of safety of 2.0 shall be used for all
drawdown calculations.
f. In general, the design and performance standards as listed in the latest version of the
SJRWMD Permit Information Manual Volume II (formerly the Applicant's Handbook) Part
B shall be used for stormwater management systems. Alternative and innovative approaches
to stormwater management systems may be approved by the City Engineer where the
Applicant demonstrates such system provides a higher degree of pollution abatement and
water quantity attenuation..
g. All project areas greater than one quarter (1/4) acre shall calculate the pollution abatement
volume based upon one inch (1") multiplied by the entirety of the parcel area landward of the
riverine mean high water line. If any undisturbed wetland or required conservation buffers
are present onsite, these may be deducted from the area calculation for pollution abatement
volume. Other surface waters such as drainage canals or stormwater management ponds shall
not be excluded from the area calculations. If the calculated pollution abatement volume does
not exceed one half-inch multiplied by the entirety of the parcel area, one-half inch
multiplied by the entirety of the parcel area shall be used as the pollution abatement volume.
h. The use of Low Impact Development (LID) techniques is encouraged. Low Impact
Development is an ecologically friendly approach to site development and storm water
management that aims to mitigate development impacts to land, water and air by
emphasizing the integration of site design and planning techniques that conserve the natural
systems and hydrologic functions of a site. All new development and redevelopment projects
are encouraged to implement permeable surfaces, bioretention areas, grassed swales,
vegetated roof tops and catchment systems for irrigation in the development, when feasible.
i. All projects that qualify for Environmental Resource Permits and/or Surface Water
Management Permits issued through SJRWMD, FDEP, or other State or Federal agencies
shall provide copies of the permit application and calculations to the Development Services
Department as part of the site review process. Final approval of required State and Federal
permits shall be granted and copies of the issued permits provided to the Development
Services Department prior to commencing any construction activities.
j. All projects that qualify for a FDEP - NPDES Permit pursuant to Chapter 62-621, F.A.C.
shall provide copies of the Notice of Intent and all attachments to the Development Services
Department prior to commencing any construction activities. Two (2) copies of the Erosion
2024-0-3404 V-17
& Sediment Control Plan shall also be submitted.
k. The post -development discharge peak volumetric flowrate and shall not exceed the pre -
development rate for each of the following storm events: Mean Annual/24-hour/4.7-inch, 25-
year/24-hour/9.4-inch, and 100 year/24-hour/13.1-inch for systems with positive outfall to a
public conveyance. For development within land -locked basins lacking positive outfall to a
public conveyance, fully retain onsite the 100-year/72-hour/16.0-inch storm event .
The rainfall depths of the design storm events shall be as published by the National Weather
Service using a continually updated statistical epoch, but in no case lower than those depths
stated above which were derived from NOAA Atlas 14, Volume 9, Version 2 Point
Precipitation Frequency Estimates for Edgewater, Florida. Peak precipitation intensities shall
be estimated from the greater of the following sources: NOAA Atlas 14, SJRWMD Type II -
Florida Modified hydrograph in the latest version of the Permit Information Manual Volume
II (formerly Applicant's Handbook) used with the NRCS TR -55 method, or Florida
Department of Transportation (FDOT) Intensity -Duration -Frequency (IDF) curves in the
latest version of the Drainage Design Manual for the particular area of the City.
in. If the development discharges into a public conveyance which serves areas impacted by the
100 -year floodplain (as identified by FEMA or wide -area stormwater modeling adopted by
the City), the peak discharge rate from a developed or redeveloped site shall not exceed 90%
the peak discharge rate prior to development or redevelopment.
n. No site alteration shall cause siltation of wetlands, pollution of downstream wetlands, reduce
the natural retention or filtering capabilities of wetlands.
o. No site alteration shall allow water to become a health hazard or contribute to the breeding of
mosquitoes.
p. All stormwater design shall be consistent with the City's Standard Construction Details.
21-53.05 - Site Attenuation Standards
a. Proposed stormwater management facilities must be designed to meet the minimum design
performance criteria, for both water quality treatment and attenuation, established by the
SJRWMD within Chapters 40C-4, 40C-40, 40C-41 and 40C-42, F.A.C. (or current chapters).
Plans and computations shall be signed, sealed and dated with a readable signature.
1. Stormwater management systems shall comply with accepted engineering
practices to minimize pollution, remove oils and suspended solids and other
objectionable material contained within the stormwater runoff to acceptable
limits, as well as employ Best Management Practices.
21-53.06 - Positive Outfall Standards
a. A positive drainage outfall system shall be provided to a public conveyance which does not
2024-0-344- V -I8
adversely impact downstream owners or adjacent lands, nor redirect preexisting runoff to
previously unaffected lands. A drainage easement shall be required for outfall systems which
affect private property.
b. In the case of preexisting flooding downstream, the City Engineer may allow the relocation
of the natural outfall if it can be shown that:
I. Redirection of water will help mitigate downstream flooding problems.
2. Land receiving new upstream discharge demonstrates the capability to handle
additional upstream discharge.
3. The owner(s) of new receiving land presents an acknowledgment and acceptance
of the outfall flows.
4. All stormwater discharge to Class II Waters, principally the Indian River Lagoon,
shall meet the requirements of Chapter 62-302, F.A.C.
5. The seasonal high water table shall not be reduced if adverse effects on wetlands
or increased flows to the detriment of neighboring lands result.
c. Stormwater Discharges to the MS4 and Waters of the United States
1. Discharges to the City's MS4 shall be controlled to the extent that such discharges
will not impair the operation of the MS4 or contribute to the failure of the MS4 to
meet any local, state or federal requirements, including but not limited to, NPDES
Permit ID No.FLR04E016. Discharges to the waters of the United States shall be
controlled to the maximum extent practicable as defined in the NPDES Permit ID
NO. FLR04E016.
2. Any person responsible for discharges determined by the City to be contributing
to the failure of the City's MS4 or waters within the City shall comply with the
provisions and conditions of NPDES Permit ID No. FLR04EO16 and shall
provide corrective measures within 30 days of notification by the City and shall
be subject to payment of fines and damages.
d. Stormwater Discharges from Industrial and Construction Activities
1. Stormwater discharges from industrial activities shall be treated or managed on
site, in accordance with appropriate federal, state or local permits and regulations
prior to discharge to the City's MS4 or to waters of the United States.
2. Stormwater discharges from construction activities shall be treated or managed on
site in accordance with appropriate federal, state or local permits and regulations
prior to discharge to the City's MS4 or to waters of the United States. Erosion,
sediment and pollution controls for the construction site shall be properly
implemented, maintained and operated according to a pollution prevention plan
required by an NPDES permit for the discharge of stormwater from construction
activities or according to a state permit issued by the Florida Department of
Environmental Protection or the St. Johns River Water Management District.
3. The owners or operators of industrial facilities and construction sites which will
discharge stormwater to the City's MS4 or to waters of the United States within
2024-0-340-5 V-19
the City limits shall provide written notification of the connection or discharge
prior to the discharge from the industrial activity or construction activity.
e. Prohibition of Illicit Discharges and Illicit Connections
1. Illicit discharges and illicit connections not exempt under the provisions of this
Article are prohibited.
2. Failure to report a connection from industrial activities or construction activities
to the City's MS4 or to waters of the United States constitutes an illicit
connection.
3. Failure to report a discharge from industrial activities or construction activities to
the City's MS4 or to waters of the United States constitutes an illicit discharge.
4. Any discharge to the City's MS4 or to waters of the United States which is in
violation of federal, state or local permits or regulations constitutes an illicit
discharge.
5. Persons responsible for illicit discharges or illicit connections shall immediately,
upon notification or discovery, initiate procedures to cease the illicit discharge or
illicit connection, or obtain appropriate federal, state, or local permits for such
discharge or connection.
f. Exemptions for Illicit Discharges and Illicit Connections
The following activities shall not be considered either an illicit discharge or illicit connection
unless such activities cause, or significantly contribute to, the impairment of the use of the
City's MS4 or the violation of the conditions of NPDES Permit No. FLR04EO16.
a. Water line flushing
b. Flushing of reclaimed water lines
c. Street cleaning
d. Construction dust control
e. Landscape Irrigation
f. Diverted stream flows
g. Rising ground waters
h. Foundation and footing drains
i. Swimming Pool Discharges
j. Uncontaminated ground water infiltration
k. Uncontaminated pumped ground water
I. Discharges from potable water sources
in. Air conditioning condensate
n. Springs
o. Individual residential car washing
p. Flows from riparian habitat and wetlands
q. Discharges or flows from emergency firefighting activities and
emergency response activities done in accordance with an adopted
spill/response action plan.
2024-0-3494 V-20
21-53.07 - Shoreline Protection Standards
a. Vertical seawalls and bulkheads are prohibited unless a variance is approved pursuant to the
requirements of Section 21-100. Hardening of the estuarian shoreline shall be permitted only
when other stabilization methods are not practical and erosion is causing a significant threat
to real property. Permits from the appropriate regulatory agency are required.
b. A 50 foot wide shoreline buffer zone upland from the mean high water mark along the Indian
River Lagoon is hereby established. Except as provided in subsection "d" below, the native
vegetation shall be maintained and no development shall be permitted.
c. All portions of the shoreline containing wetlands vegetation are subject to the requirements
of Section 21-41.
d. No more than twenty percent (20%) or twenty-five feet (25'), whichever is greater, of the
shoreline within property boundaries may be altered for reasonable access. Reasonable
access may include docks, boat ramps, pervious walkways and elevated walkways.
21-53.08 - System Maintenance Standards
a. Except for systems accepted for City maintenance, property owners and/or occupants shall
ensure that all stormwater facilities are maintained in proper working condition.
b. The property owners of private systems shall execute an access easement to permit the City
to inspect and, if necessary, to take corrective action should the owner fail to properly
maintain the system(s).
c. Should the owner fail to properly maintain the system(s), the City shall give such owner
written notice of the nature of the corrective action necessary.
d. Should an owner fail to complete corrective action within thirty (30) days of the written
notice from the City, the City may enter the parcel, complete the corrective actions and
assess the costs of the corrective action to the owner.
e. All areas and/or structures to be maintained by the City must be dedicated to the City by plat
or separate instrument and accepted by the City Council upon a recommendation from the
City Engineer and Development Services Director.
21-53.09 - Stormwater Permit Application
a. A stormwater permit application is required for development activity as described in Section
21-53.02. The application shall include:
1. Non-residential Sites:
a. Detailed site plan prepared by a professional engineer or architect registered
in the state of Florida.
2024-0-3405 V-21
b. Topographic maps of the site before and after the proposed alteration, as
prepared by a professional engineer or land surveyor registered in the state.
c. General vegetation maps of the site before and after the proposed alteration.
d. Construction plans, specifications, computations and hydrographs necessary
to indicate compliance with the requirements of this Article, as prepared by a
professional engineer registered in the State of Florida. Construction plans
shall be readable with a minimum scale of one -inch (1") equals thirty feet
(30').
2. Residential Sites:
a. Map of the site as prepared by a professional engineer or land surveyor
registered in the state.
b. Proposed alterations with all impervious surface areas shown to scale on the
survey.
c. All proposed pond and/or swale dimensions and depths.
d. A statement expressing the intent and scope of the proposed project.
21-53.10 - Plan Adherence
a. Upon issuance of a stormwater permit, the applicant shall be required to adhere to the permit
as approved. Any change or amendments to the plan must be approved by the City Engineer
in accordance with the procedures set forth above.
b. All stormwater conveyance appurtenances including ponds and swales to rough grade shall
be in place prior to construction of any other improvements. Sodding or other erosion
control measures may be required during construction in order to control erosion and
sediment.
c. Structural controls and other BMPs used for controlling the discharge of pollutants to the
City's MS4 or to waters of the United States shall be operated and maintained so as to
function in accordance with permitted design or performance criteria and in compliance with
federal, state or local permit conditions and regulations.
d. After the completion of the project, the applicant or his engineer shall submit as -built plans to
the Development Services Department.
21-53.11 - Enforcement
Whenever the code enforcement officer or City Engineer finds any work being performed in a
manner either in violation to the provisions of the code or unsafe or in conflicting with permitted
work, the code enforcement officer or City Engineer is authorized to issue a stop work
order. The stop work order shall be in writing and posted on the property. Upon posting the stop
work order, the cited work shall immediately cease. The stop work order shall state the reason
for the order, and conditions under which the cited work will be permitted to resume. Any
person who continues work after the property has been posted, except such work as that person is
directed to perform to remove or secure a violation or unsafe condition, shall be unlawful and
2024-0-340-5 V-22
constitutes a civil penalty as outlined in Chapter 1, of the City of Edgewater Code of Ordinances.
SECTION 21-54 - LANDSCAPING REQUIREMENTS
21-54.01 - Comprehensive Plan Reference
The intent of this Section is to improve the appearance of the City, protect and improve property
values and establish an integrated system of landscaping and horizontal corridors that provide
visual accessibility to businesses. The provisions of Section 21-54 - Landscaping are consistent
with and implement the Comprehensive Plan contained in the Future Land Use Element, Utilities
Element and Recreation & Open Space Element
This Section applies to all proposed development and redevelopment. New subdivisions are
subject to the requirements of Article XIII. Properties located within the Indian River Boulevard
Overlay are subject to the requirements contained in Article XVIII - Indian River Boulevard
Corridor Design Regulations. Landscaping plans must be submitted as a component of
development approval.
The City of Edgewater encourages innovative water conservation planning, design and
techniques, including xeriscape landscaping methods as defined in Article II.
21-54.02 - Installation Standards
a. The property owner shall be responsible for the installation of required landscaping in
conformance with accepted commercial planting procedures.
b. The property owner shall be responsible to ensure that all required landscaping is maintained
in a healthy condition, including but not limited to, sufficient watering and trimming.
c. All plant materials used in conformance with the requirements of this Section shall be Florida
grade #1, as established, and periodically revised by the Florida Department of Agriculture
and Consumer Affairs.
d. Ground cover shall be planted so as to present a finished appearance and complete coverage
within twelve (12) months of installation.
e. Shrubs and hedges shall be non -deciduous species, shall be a minimum of twenty-four inches
(24") in height immediately after planting. Plants shall be spaced no more than three feet (Y)
apart measured center to center. The number of shrubs required shall be determined by the
linear length of the lot perimeter divided by three.
f. Sod shall be used in road right-of-ways, swales, stormwater management areas and other
areas subject to erosion. All new development or expansions must sod all disturbed areas of
the lot prior to the time the Certificate of Occupancy is issued in accordance with all
applicable regulatory agency requirements.
g. Landscaped areas required by this Section shall not use either the trees listed in Table V-6
2024-0-3405 V-23
nor the plants listed in Table V-2.
TABLE V- 2
PROHIBITED PLANTS
COMMON PLANT NAME
BOTANICAL NAME
Acacia
Acacia spp.
Air Potato Vine
Dioscorea bulbifera
Caster Bean
Ricinus communis
Hydrilla
Hydrilla verticillata
Kudzu Vine
Paeraria lobate
Mimosa
Albizia julibrissin
Paper Mulberry
Broussonetia papyrifora
Rice Paper Plant
Tetra anex papyriferus
Rosewood
Dalbergia sissoo
Taro
Colocasia esculenta
Water Hyacinth
Eichhomia spp.
Co on rass
Im erata cylindrical
Tropical Soda Apple
Solanum viarum
Catclaw mimosa
Mimosa pigra
Old World climbing fern
Lygodium micro h llum
Skunk vine
Paederia foetida
21-54.03 - Parking Lot Landscaping Requirements
The requirements of this subsection shall apply to new parking areas, altered or improved
parking areas and parking areas that are altered due to a change in use of the primary structure.
a. A minimum ten foot (10') wide landscaped area shall be provided between vehicular use
areas and any adjacent public roadway.
b. Landscaped areas shall be protected from vehicular encroachment with effective curbs.
Wheel stops are permitted only when certain stormwater system conditions warrant their use.
Wheel stops are permitted on the perimeter of the parking area only and shall be maintained
by the property owner in a manner as to not cause any bodily injury or property damage.
Wheel stops shall be avoided in principle areas of pedestrian movement.
c. Parking areas shall be designed so that in areas other than industrial zoned property no more
than ten (10) spaces in a row occur and shall have a minimum ten foot (10') landscaped
island in between.
d. Parking lots shall have a minimum of a ten foot (10') landscape area abutting the stalls unless
abutting sidewalks.
2024-0-3403 V-24
21-54.04 - Buffer Yard Determination Process
The City shall utilize a matrix to determine buffer requirements.
a. Landscaped buffer yards shall be required to provide visual relief, eliminate potential
impacts such as noise, litter, and glare, and reduce adverse impacts such as noise,
odor, and contaminants.
b. Determine the proposed use.
c. Identify type(s) of adjacent land uses.
d. Identify the buffer yard requirement classification from Table V-3
e. Refer to table V-4 for required buffer yard specifications.
r,en!ar
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depending upon the adjacent uses.
I�h—The buffer yard plan shall be included in the landscaping plan.
LilPlanting of trees in buffer areas may satisfy the total number to meet the one tree per
1,500 square feet of lot area requirements.
2024-0-340-5 V-25
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2024-0-3404 V-26
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2024-0-3404 V-26
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All landscaped buffer yards must meet minimum landscape requirements in Table V-4.
Table V-4:
BUFFER YARD SPECIFICATIONS
Type
Description
A
Minimum width of 15 feet.
Minimum placement of canopy trees at 3 per 100 linear feet.
Minimum placement of understory trees at 7 per 100 linear feet.
Minimum placement of shrubs at 50 per 100 linear feet.
B
Minimum width of 20 feet.
Minimum placement of canopy trees at 5 per 100 linear feet.
Minimum placement of understory trees at 10 per 100 linear feet.
Minimum placement of shrubs at 60 per 100 linear feet.
C
Minimum width of 25 feet.
Minimum placement of canopy trees at 6 per 100 linear feet.
Minimum placement of understory trees at 10 per 100 linear feet.
Minimum placement of shrubs at 70 per 100 linear feet.
D
Minimum width of 35 feet.
Minimum placement of canopy trees at 7 per 100 linear feet.
Minimum placement of understory trees at 10 per 100 linear feet.
Minimum placement of shrubs at 70 12er 100 linear feet.
Note: Approved Palm Trees may replace understory trees at a 2:1 ratio.
21-54.05 - Buffer Yard Installation Standards
a.Buffer yards shall be located at the perimeter of the property and shall not be located
in an existing or proposed public road right-of-way.
b. When additional plants or trees are required in areas with existing natural
vegetation, it shall be planted to minimize disturbance of suitable native plants.
c. In the event it is impractical to install landscaping outside of a required wall, fifty
percent (50%) of the required buffer yard plantings may be located on either side of
a required wall on the same parcel.
Landscape requirements and standards for development
a. CanODV (shade) trees shall be a minimum of twelve feet in height and 3.0 inches
caliper.
b. Understory trees shall be a minimum of six feet in height and 1.5 inches caliper.
c. Palm trees shall have a minimum 6 -foot clear trunk at time of planting.
d. Shrubs shall be minimum container size of three gallons. and 18"-24" at time of
Planting.
2024-0-3444 V-29
e. Shrubs shall consist of multiple species, with no shrub accounting for more than 75%
of planting.
f. Ornamental Brasses may be used for up to 25% of the required shrubs.
g. All plant materials used in conformance with the requirements of this Section shall
be Florida grade #l, as established, and periodically revised by the Florida
Department of Agriculture and Consumer Affairs.
h. Ground cover shall be planted so as to present a finished appearance and complete
coverage within twelve (12) months of installation.
i. Landscaping must consist of a minimum 25% native vegetation, unless otherwise
noted.
j. When required number of trees is less than 10, one or more species of trees shall be
provided: less than 20 trees, two or more species shall be provided, more than 20
trees, three or more species shall be provided.
k. Responsibility for maintenance. The current property owner shall be responsible for
maintenance of all landscape areas, irrigation, designated protection zones, protected
trees, and hardscape improvements in accordance with the standards of this code and
any approved development permit/order exhibits and representations. Maintenance
standards shall apply to all properties, whether vacant or developed.
I. Standards for maintenance. Landscape areas, designated protection zones, and
protected trees shall be maintained in healthy condition pursuant to accepted industry
practices. Landscape areas shall not become overgrown with weeds, infested by
invasive exotic plant species or vermin, or become a source of erosion, stormwater
runoff, or pollution. Landscape areas and site improvements shall be kept free from
refuse and debris. Irrigation systems shall be fully operational. Hardscape
improvements shall be kept in good repair and maintained in their approved location.
Mulch shall be kept at the proper coverage and depth. All plant materials shall be
maintained in a healthy and vigorous condition through proper irrigation,
fertilization, pruning, mowing, and other standard horticultural practices so as to
grow to their normal shape, color, and height, and meet the requirements of this
section. Dead trees that may cause imminent personal injury or significant property
damage to existing structures and adjoining property shall be removed. All dead
plants shall be replaced as required. All damaged plants including lawn grass shall be
replaced or restored
m. R-5, multi -family developments must adhere to the requirements of Table V-4 and
shall provide a masonry wall eight (8) feet in height in every landscape buffer
excluding landscape buffers along rights-of-way. In addition, mufti -family
developments must provide two (2) non -road landscape buffers that are fifty (50) feet
in width that are natural and undisturbed. Natural and undisturbed landscape buffers
mean at the time of site construction, the silt fence shall be placed fifty (50) feet from
the property boundary along two (2) property boundaries not to include the roadway
2024-0-3405 V-30
landscape buffer. No clearing, grading, or disturbance shall occur in these two (2)
fifty (50) foot natural landscape buffers. -
SECTION 21-55 - TREE PROTECTION REQUIREMENTS
21-55.01 - Comprehensive Plan Reference
The intent of this Section is to protect certain trees to aid in the stabilization of soil by the
prevention of erosion and sedimentation, reduce stormwater runoff and assist with the
replenishment of groundwater supplies. The provisions of this Section are intended to provide a
haven for wildlife, protect and increase property values, provide a noise buffer and enhance the
City's physical and aesthetic environment.
Policy statements implementing these intents were adopted in the Comprehensive Plan. The
provisions of Section 21-55 - Tree Protection are consistent with and implement the
Comprehensive Plan policies contained in the Future Land Use Element and Recreation/Open
Space Element.
21-55.02 - Tree Removal Permit
a. Standard Permits: A tree removal permit shall be required for trees of six inches (6") DBH
(diameter at breast height measured 4 %z feet from base of tree) or larger on all property within
the City limits. Trees shall be defined by Section 21-20.02. Trees to be removed in this
category will be required to be replaced if there are an insufficient number of trees left on the
lot.
b. Replacement trees shall be a minimum of 2 %: inches in diameter measured 6 inches above the
soil line or 10 feet in height above the soil line. An application for the permit is available in the
Development Services Department. Fifty -percent (50%) of replacement trees shall be
specimen trees as identified in Section 21-55-06.
c. Historic Tree Permits: A tree so designated as historic per Section 21-55.05 shall only be
removed by special permit granted by the City Council under Section 21-55.03 (b).
d. Specimen and Historic trees, regardless of location, shall only be removed upon the issuance of
a tree removal permit.
e. Any tree listed in Table V-6 maybe removed without a tree permit and shall be prohibited from
use in landscaping areas.
TABLE V-6
2024-0-3445 V-31
PROHIBITED TREES
COMMON TREE NAME
BOTANICAL NAME
White Mulberry
Morus rubra
Australian Pine/Beefwood
Casuarina spp.
Brazilian Pepper
Schinus terebinthifolia
Cajeput or Punk Tree/Melaleuca
Melaleuca quinquenervia
Camphor
Cinnamomum camphora
Chinaberry
Melia azedararach
Chinese Tallow
Sapium sebiferum
Ear Tree
Enterolobium cyclocarpum
Eucalyptus
Eucalyptus spp.
Jacaranda
Jacaranda acutifolia
Silk Oak
Grevillea robusta
Woman's Tongue/Mimosa
Albizia lebbeck spp.
Norfolk Island Pine
Araucaria heterophylla
Paper Mulberry
Broussonetia papyrifera
Golden Raintree
Koelreuteria paniculata
Orchid Tree
Bauhinia spp.
Carrotwood
Cupaniopsis anacardioides
21-55.03 - Tree Removal Permit Standards
a. Existing trees may be relocated to suitable areas on same site in accordance with sound
industry practices, refer to Section 21-311.
b. All mitigated (replaced or relocated) trees shall be a minimum of 2.5 inches measured six
inches (6") above the soil line or 10 -feet in height above the soil line. Historic tree removal
permits granted by the City Council shall have the following options:
1. Determine the tree to be removed is in such a condition that it is hazardous to the
surrounding area or structure(s) that no replacement is necessary, or
2. Require the replacement of historic trees at a ratio of one inch (1") diameter to one
inch (1") diameter of replacement trees, or
3. Require the payment of money per Section 21-311 equivalent to the replacement
2024-0-3405 V-32
cost of the replacement trees.
c. Relocated trees shall be planted in landscape buffer areas or parking island areas provided with
irrigation systems.
d. All tree plantings shall be replaced if they die within two (2) years after installation. The health
of a replacement tree shall be maintained for a period of two (2) years from the date of
planting. The two (2) year maintenance period shall begin anew whenever a tree is replaced.
e. Replacement trees shall be sufficiently spaced to allow adequate growth room for the species.
21-55.04 - Exemptions
Notwithstanding any other provision of this Section to the contrary, any person may cut down,
destroy, replace or authorize removal of one or more trees, whose trunks lie wholly within the
boundaries of property owned by said person without a tree removal permit if any of the following
criteria are met:
I. The property is engaged in active silviculture uses; or
2. The property contains trees which may have been determined by the Building
Department to be deteriorated as a result of age, hurricane, storms, fire, freeze,
disease, lightning or other natural acts; or
3. The trees are within an existing public or private right-of-way or maintenance
easement and requires action to maintain traffic visibility at intersecting public
streets or such other trees which may disrupt public utilities, such as powerlines,
drainage ways or other public needs.
21-55.05 - Historic Trees
Historic trees shall only be removed upon approval of a Tree Removal Permit granted by the City
Council. Historic trees are those listed in Section 21-55.06 that reach 36 -inches DBH with the
exception of the Laurel Oak.
2024-0-3405 V-33
21-55.06 - Specimen Trees
Specimen trees shall not be removed without a Tree Removal Permit or as part of an approved
development plan. The following trees are designated as Specimen Trees.
Common Name
Botanical Name
Inches (DBH)
Elm
Ulmus spp.
12 plus
Hickory
Carya spp.
12 plus
Loblolly Bay
Gordonia lasianthus
12 plus
Magnolia
Magnolia grandiflora
12 plus
Maple
Acer spp.
12 plus
Other Oak Species
Quercus spp.
12 plus
Red Bay
Persea borbonia
12 plus
Red Cedar
Juni eros silicicola
12 plus
Swamp Bay
Persea palustris
12 plus
Sweet Bay
Magnolia virginiana
12 plus
Sweet Gum
Liquidambar styraciflua
12 plus
Sycamore
Platanus occidentalis
12 plus
Turkey Oak
Quercus laevis
12 plus
Cypress
Taxodium spp.
12 Plus
Sugarberry/Hackber y
Celtis laevigata
12 Plus
Slash Pine
Pinus elliottii
18 Plus
Longleaf Pirie
Pinus palustris
18 Plus
21-55.07 - Historic and Specimen Tree Protection Requirements
a. All development projects shall provide a plan to protect historic and/or specimen trees after
construction has occurred on a site. Such plan may include, but not be limited to conservation
easements, common open space, tree protection easements, deed restrictions and homeowner
association documents. The minimum protection requirements for historic and specimen trees
are as follows:
Number of Trees
Minimum Tree Protection
less than 2.9 per acre
80 percent
3.0 to 5.0 per acre
65 percent
5.1 to 8.0 per acre
50 percent
8.0 plus per acre
4 per acre
b. All proposed development projects shall be required to include a tree survey by either an ISA
licensed &trveyeF-er—Arborist or a Florida Certified Landscape Architect , locating all
Specimen and Historic Trees.
2024-0-3403 V-34
c. Statistical tree survey information may be considered at the direction of the TRC. However,
such statistical surveys shall be limited to sites containing an overstory consisting
predominantly of trees uniform in age, species and distribution which do not contain specimen
or historic trees. Statistical surveys must be conducted in compliance with accepted forestry
practices.
d. All trees to be preserved shall be identified on site by harmlessly marking or banding.
e. All trees to be preserved shall have their natural soil level maintained. Tree wells and/or
planter islands shall be provided if necessary to maintain the natural existing soil levels. All
efforts shall be made to maintain the natural drainage of trees in the grading and drainage plan.
f. Prior to construction, the developer shall erect protective barriers around all trees to be
preserved. These barriers shall be sufficient to prevent intrusion on that area within the drip
line of the canopy of the tree.
g. During construction, no signs, attachments or permits may be attached to any protected tree.
h. No existing or replacement trees shall be removed after a Certificate of Occupancy is issued.
21-55.08 - Area Tree Protection Requirements
Fifteen percent (15%) of the square footage of any development shall be designated for the
protection of trees. The area required to protect historic/specimen trees may be included to satisfy
this requirement. This required area may be constituted as one or more sub -areas within the
development. Said area may include any landscape buffer or other areas as required by the City on
a development. Such designated areas shall contain sufficient land area to comply with minimum
tree protection standards to adequately protect the trees contained within the areas. A minimum of
fifty percent (50%) of the required minimum number of trees as provided in Section 21-55.07 shall
consist of existing trees within said areas. The City may provide for a waiver or modification of
this requirement if the development contains an insufficient amount of existing trees to meet this
requirement or, if the City determines that modification of this requirement is warranted by specific
on-site conditions.
21-55.09 - Installation Requirements
a. Single-family and duplex lots shall have a minimum of one (1) tree per 1,500 square feet of lot
area.
b. All development projects requiring site plan approval shall contain a minimum of one (1) tree
for every 1,500 square feet of lot area.
c. If the lot contains an insufficient number of existing trees to meet these requirements,
replacement trees shall be provided per Section 21-55.02(b).
d. In the event it is impractical to install the required number of replacement trees due to lot size,
building configuration or other impediments, the Development Services Department may:
2024-0-3445 V-35
1. Allow up to a forty percent (401/o) modification in the number required as long as
the overall caliper requirements are fulfilled; or
2. Allow the required trees to be planted on City property.
e. Existing trees shall meet the definition provided in Article 11 to be counted in minimum
requirements.
21-55.10 - Enforcement
a. The Development Services Director, Building Official, Code Enforcement Officer or designee
shall issue a stop -work order to any person found in the act of cutting down, destroying,
damaging or removing trees in violation of this Section.
b. Historic/specimen trees removed in violation of this Section shall be replaced at a ratio of 2
inches per inch of caliper lost. In lieu of physical replacement, City Council may impose a fee
of $37.00 per cross sectional square inch lost or combination thereof.
SECTION 21-56 PARKING AND LOADING REQUIREMENTS
21-56.01 - Comprehensive Plan Reference
Chapter 163.3202, F.S. requires adoption of land development regulations to include safe and
convenient off-street parking and loading provisions. The provisions of Section 21-57 - Parking
and Loading Requirements are consistent with and implement the Comprehensive Plan contained'
in the Future Land Use Element and Utilities Element.
Properties located in the Indian River Boulevard-S.R. 442 Corridor Overlay and Ridgewood
Avenue Corridor Overlay are also subject to the regulations contained in Article XVIII and Article
XX respectively for parking and loading design layout.
21-56.02 - Off -Street Parking Standards
a. All required off-street parking shall be located a minimum of ten feet (10') behind the right-of-
way line of the adjacent street and on the same parcel as the building which they are intended to
serve, unless a joint parking area agreement is executed as described in Section 21.56.04.
b. No building permit, site plan, conditional use, planned unit development or business tax receipt
application shall be approved unless the required number of spaces are provided in compliance
with the requirements herein unless a variance has been approved.
c. Any use that becomes non -conforming as to parking requirements upon adoption of this Article
shall be required to come into compliance if the use changes or the structure is expanded by
more than twenty percent (201/6).
d. The parking lot design standards are depicted in Table V-7 and Figure V -7A.
2024-0-3405 V-36
TABLE V-7
Parking Lot Design Standards
Stall Angle /
Requirements (ft)
45
Dgres
50
Dgres
55
Dgres
60
Dgres
90
Dgres
180
Dgres
Offset - A
18'
16'
13'
10'
10'
10'
Space Width - B
12'
12'
13'
10'
101*
10'
Space Depth - c
18'
18'
19'
20'
20'*
22'
Landscape Area - D
10'
10'
10'
10'
10'
10'
Aisle Width - E
13'
j 15'
16'
18'
24'
15'
Turning Area - F
17'
16'
15'
14'
14'
14'
Maneuver Depth - G
15'
Maneuver Radius - H
15'
*Note 2' overhang is permitted when parking stalls are curbed.
2024-0-3405 V-37
FIGURE V - 7A
e. Maneuvering areas shall be designed to permit vehicles to enter and leave the parking area in a
forward direction.
f. Any vehicle backup areas shall be fifteen feet (15') deep and have a minimum fifteen foot (15')
turning radius.
g. Driveways shall be considered parking spaces on parcels developed for single-family
residences. All driveways shall be paved including the aprons and shall be constructed no
closer than five feet (5') to any lot line or encroach into any side or rear easement.
h. When the parking calculations described in Table V-8 result in a fractional parking space,
fractions less than %2 shall be disregarded and fractions greater than %z shall require a full space.
i. Each parking lot shall have direct access to a public street or legal easement as part of an
approved development plan.
j. All parking areas shall be landscaped as provided in Section 21-54.
k. Parking areas shall be hard -surfaced using material approved by the City.
I. All site plans shall include FDOT standard traffic control signs and pavement markings
necessary to ensure safe traffic and pedestrian flow, including but not limited to, fire lanes.
in. All customer generated parking areas shall be used for vehicle parking only.
n. No door or pedestrian entrance at ground level shall open directly upon a driveway or access
2024-0-3493 V-38
aisle unless the doorway of the entrance is at least three feet (3') from said driveway or access
aisle or unless improvements are provided to allow for safe doorway access.
o. All parking spaces shall have lines between each space and shall be maintained by the property
owner.
p. Public rights-of-way shall not be used to satisfy on-site parking or loading requirements.
q. Development may be required to provide fire lanes in accordance with the Florida Fire
Prevention Code
2024-0-3445 V-39
TABLE V -8
OFF-STREET PARKING REOUIREMENTS
Land Use Category
Spaces
Unit of Measure
Adult Living Facility
2
Each largest shift employee plus 1/5 beds
Assembly Places With Fixed Seats
1
per 4 seat plus 1 per employee
Assembly Places w/o Fixed Seats
1
40 SFGFA of main assembly area space
Auto Sales
1
1
400 SFGFA plus
1 space for each vehicle for sale/lease
Auto Service/Repair
3
1
Service bay plus
200 SFGFA non bay area
Beauty/Barber Shops
1.5
per chair
Bed &Breakfast
I
per each room rented plus residential requirements
Community Residential Homes
1
Employee plus 5 visitor spaces
Convenience Stores
1
200 SFGFA
Day Care- Children or Adults
1
1
Employee plus a 5 space drop area plus
per 25 students
Restaurants/BarsAodges
1
1
4 Seats plus
per 2 employees
Financial Institutions
1
1
250 SFGFA on ground floor plus
200 SFGFA on other floors
Funeral Homes
1
2
4 Seats in main assembly area plus
business vehicle
Furniture, Appliance and Similar
1
1
400 SFGFA to 10,000 SFGFA
750 SFGFA over 10,000 SFGFA
Heahh/Fimess
1
150 SFGFA
Hotel/Motel
1
1
each bedroom unit plus
per 2 employees
Lab/Research Facilities
1
each employee
Machine Shop/Repair
1
400 SFGFA
Manufacturing - General
1
2 employees on largest shift
Marinas/Fish Camps
1
4
Boat slip plus
4 boat trailer spaces per boat ramp plus any accessory requirements
Medical/Dental or Veterinary Facilities
1
2
Each employee plus
Examination rooms
Mini -warehouse
1
Perofflce
Residential: Single Family, Duplex, and Mobile
Home
2
Unit
Residential, Instltutional/Multi-Family
7
Unit. Plus 1 guest space for every 3 unitsUl
Personal Service Not specified
1
300 SFGFA
Pool Hall/Billiards
2
1
per pool table plus
employee
Professional Offices
1
250 SFGFA
Recreation - Outdoor
Indoor
1
1
1
Each employee plus
4 patrons capacity
400 SFGFA
Retail Not Specified
1
250 SFGFA
Schools- Other Than High School
- High School &
Community College
1
1
1
1
Each employee plus
4 spaces per Instructional room
4 students plus
each employee
Single Family, Duplex& Mobile Homes
2
Unit
Shopping Centers
5
1000 SFGFA
Theaters
1
105eats
Warehouse, Storage & Similar
1
1000 SFGFA
'Auto Sales to have display parking requirements of S'x 16' all other parking 10' x20'
SFGFA = Square Feet of Gross Floor Area, i.e., the total floor area inside the outside walls of the structure(s).
(1)= A reduction in required parking spaces shall be considered for Live Local Projects within one-half (0.5) miles of a
major transit stop.
2024-0-3443 V-40
21-56.03 - Handicapped Parking Standards
a. Development must meet Florida Accessibility Codes.
21-56.04 - Joint Parking Use Agreements
a. The Development Services Director may authorize a reduction in the parking requirements for
two or more uses jointly providing off-street parking.
b. A reduction may be authorized in such cases if the developer submits sufficient data to
demonstrate that the hours of maximum demand for parking at the respective uses do not
normally overlap.
c. The City shall have the authority to require the creation, use and maintenance of joint -use
parking and/or joint -use driveways or other common ingress -egress facilities for multifamily,
commercial and/or industrial uses.
d. A joint -use parking or access agreement shall be recorded in the public records of Volusia
County prior to issuance of a building permit and shall at a minimum include:
1. A statement holding the City harmless from any and all claims or potential
liability; and
2. Shall run with the land involved and be binding on the parties to the agreement,
their successors and/or their assigns.
21-56.05 - Loading Berth Standards
a. Each required off-street loading space shall have a minimum dimension of fourteen (14') feet
by forty (40') feet and a minimum overhead clearance of fourteen (14') feet above the paving
grade.
b. All commercial and industrial uses shall provide the number of off-street loading and
unloading spaces described in Table V-10.
2024-0-3405 V -4I
TABLE V-10
LOADING BERTH STANDARDS
Use Category
Floor Area (sq.ft.)
Berths Required
Retail and/or Service Uses
5,000 to 24,999
One
25,000 to 59,999
Two
60,000 to 119,999
Three
120,000 to 199,999
Four
200,000 to 289,999
Five
290,000 plus
One/90,000 sq.ft
Storage or Wholesale Uses
5,000 to 24,999
One
25,000 to 59,999
Two
60,000 to 119,999
Three
120,000 to 199,999
Four
200,000 to 289,999
Five
290,000 plus
One/90,000 sq.ft.
Places of Assembly, Hotels,
10,000 to 39,999
One
Motels, Office Buildings, Long
40,000 plus
One/60,000 sq.ft.
Term Health Care Facilities
Automotive, Recreation
2,000 to 14,999
One
15,000 to 39,999
Two
40,000 plus
One/ 10,000 sq.ft.
Manufacturing Uses
0 to 14,999
One
15,000 to 39,999
Two
40,000 to 64,999
Three
65,000 plus
I One/80,000 sq.ft.
c. Where a building is used for more than one use or for different uses, the loading space
requirement shall be based on the use for which the most spaces are required.
d. All loading areas shall be paved and clearly marked and delineated.
e. All loading berths and maneuvering areas shall be separated from required off-street parking
facilities and shall include traffic flow directional information.
f. Delivery truck berths may be located within required parking spaces, provided they are
marked as reserved for loading purposes. Access aisles may serve both parking and loading
facilities.
g. All loading and delivery areas shall be designed to prevent backing into streets, pedestrian
ways or bikeways.
h. Off-street loading spaces shall be directly accessible from a street without crossing or
entering any other loading space and may not extend into any street.
2024-0-3445 V-42
SECTION 21-57- PLANNED UNIT DEVELOPMENT DESIGN CRITERIA
21-57.01 - Comprehensive Plan Reference
The provisions of Section 21-57- Planned Unit Developments are consistent with and implement
the Comprehensive Plan policies contained in the Future Land Use Element, Coastal Element,
Conservation Element and Recreation & Open Space Element.
21-57.02 - Residential Planned Unit Development (RPUD)
a. Purpose
The Residential Planned Unit Development (RPUD) District is intended to provide a flexible
approach for unique and innovative land development, which would otherwise not be
permitted by this Code. Notwithstanding the specific criteria identified herein, RPUDs
should accomplish the following purposes, to the greatest extent possible:
I. Provide a variety of housing types with a broad range of housing costs allowing
for the integration of differing age groups and socioeconomic classes;
2. Promote innovative site and building design, including traditional neighborhood
developments;
3. Provide efficient location and utilization of infrastructure through orderly and
economical development, including a fully integrated network of streets and
pedestrian bicycle facilities;
4. Establish open areas set aside for the preservation of natural resources, significant
natural features and listed species habitats;
5. Create usable and suitably located public spaces, recreational facilities, open
spaces and scenic areas; and
6. Provide for other limitations, restrictions and requirements as deemed necessary
by the City to ensure compatibility with adjacent neighborhoods and effectively
reduce potential adverse impacts.
b. Permitted Uses
All uses in conjunction with Residential Planned Unit Developments are considered
conditional and require Planning and Zoning Board and Council approval. Permitted uses
are listed in Article III, Table III -3.
c. Density and Intensity
1. Variable up to 4.0 dwelling units per net acre in areas designated Low Density
Residential on the Future Land Use Map.
2. Variable between 4.1 and 8.0 dwelling units per net acre in areas designated
Medium Density Residential on the Future Land Use Map.
3. Variable between 8.1 and 12.0 dwelling units per net acre in areas designated
High Density Residential on the Future Land Use Map.
4. Proposed residential projects containing over 500 dwelling units shall include
internally oriented retail commercial uses with a minimum of 250 sq. ft. of land
area per dwelling unit.
2024-0-3404 V43
5. Medium and high-rise residential projects shall not exceed a Floor Area Ratio of
0.4 nor an Impervious Surface Ratio of 0.3.
d. Conceptual Development Plan
A Conceptual Development Plan shall be submitted along with a Development Agreement,
see Section 21-101. The Conceptual Development Plan shall contain the following:
1. Minimum dimensional requirements, including proposed lot area and width,
setbacks, building heights and minimum floor areas;
2. Landscaping, parking and signage;
3. Project phasing, if applicable;
4. Infrastructure improvements;
5. Common/open space areas and their use, including any resource protection areas
as defined in Article IV;
6. Proposed street layout, names and lot numbers; and
7. Overall stormwater/drainage master plan.
e. Master Plan Approval
A master plan shall be submitted in conjunction with Article XIII.
21-57.03 - Business Planned Unit Development (BPUD)
a. Purpose
The Business Planned Unit Development District is intended to provide a flexible approach
for unique and innovative land development proposals, which would otherwise not be
permitted by this Code. Notwithstanding the specific criteria identified herein, proposals
should accomplish the following purposes, to the greatest extent possible:
I. Provide for mixed use commercial, office and residential development such as
shopping centers, office parks and multi -family residential developments;
2. Promote innovative site and building design;
3. Provide efficient location and utilization of infrastructure through orderly and
economic development;
4. Establish open areas set aside for the preservation of natural resources, significant
natural features and listed species habitats;
5. Provide for a visually attractive environment through consistency of architectural
styles, landscaping designs and other elements of the built environment; and
6. Provide for requirements to ensure compatibility with adjacent neighborhoods and
effectively reduce potential adverse impacts.
b. Permitted Uses
All uses in conjunction with Business Planned Unit Developments are considered conditional
and require Planning and Zoning Board and Council approval. Permitted uses are listed in
Article III, Table III -3. If residential uses are provided, the residential floor area shall be no
greater than forty percent (40%) of the gross commercial floor area.
2024-0-3403 V-44
c. Conceptual Development Plan
A Conceptual Development Plan shall be submitted along with a Development Agreement,
see Section 21-101. The Conceptual Development Plan shall contain the following:
1. Lot layouts for commercial and residential development including lot areas and
widths, setbacks, building heights, lot coverage and minimum floor areas;
2. Landscaping, fencing, parking, loading areas, signage and lighting;
3. Project phasing, if applicable;
4. Infrastructure improvements;
S. Common/open space areas and their use including any resource protection areas
as defined in Article IV;
6. Proposed street layout, names and lot numbers; and
7. Overall stormwater master plan.
d. Site Plan Approval
A site plan shall be submitted in conjunction with Section 21-93.
21-57.04 - Industrial Planned Unit Development (IPUD)
a. Purpose
The Industrial Planned Unit Development (IPUD) District is intended to provide a flexible
approach for unique and innovative land development proposals, which would otherwise not
be permitted by this Code. Notwithstanding the specific criteria identified herein, proposals
should accomplish the following purposes to the greatest extent possible:
1. Provide for mixed-use industrial development such as industrial office parks,
aircraft and marine related uses and limited commercial;
2. Promote innovative site and building design;
3. Provide efficient location and utilization of infrastructure through orderly and
economic development;
4. Establish open areas set aside for the preservation of natural resources, significant
natural features and listed species habitats;
5. Provide for a coherent and visually attractive physical environment through
coordination and consistency of architectural styles, landscaping designs and
other elements of the built environment; and
6. Provide for other limitations, restrictions and requirements as deemed necessary
by the City to ensure compatibility with adjacent neighborhoods and effectively
reduce potential adverse impacts.
b. Permitted Uses
All uses in conjunction with Industrial Planned Unit Developments are considered
conditional and require Planning and Zoning Board and Council approval. Permitted uses
are listed in Article III, Table III -3.
c. Conceptual Development Plan
A Conceptual Development Plan shall be submitted prior to site plan approval. The
2024-0-3493 V45
Conceptual Development Plan shall include the following:
1. The lots areas for industrial and/or commercial development, including lot widths,
setbacks, building heights, building footprint and minimum floor areas;
2. Landscaping, fencing, parking, loading areas, signage and lighting;
3. Project phasing, if applicable;
4. Infrastructure improvements, all utility lines shall be installed underground;
5. Common/open space areas and their use including resource protection areas as
defined in Article IV; and
6. Overall stormwater master plan.
d. Site Plan Approval
A site plan shall be submitted in conjunction with Section 21-93.
21-57.05 — Mixed -Use Planned Unit Development (MUPUD)
a. Purpose
The Mixed -Use Planned Unit Development (MUPUD) is intended to provide a flexible
approach for mixed use and innovative land use techniques, which would otherwise not
be permitted by this Code. Notwithstanding the specific criteria identified herein,
proposals should accomplish the following purposes, to the greatest extent possible:
1. Provide a variety of land uses including non-residential, residential, public/civic
and recreational
2. Provide innovative site and building design, including traditional neighborhood
developments;
3. Provide efficient location and utilization of infrastructure through orderly and
economical development, including a fully integrated network of streets and
pedestrianibicycle facilities;
4. Establish open areas set aside for the preservation of natural resources,
significant natural features and listed species habitats;
5. Create usable and suitably located public spaces, recreational facilities, open
spaces and scenic areas; and
6. Provide for other limitations, restrictions and requirements as deemed
necessary by the City to ensure compatibility with adjacent neighborhoods
and effectively reduce potential adverse impacts.
b. Permitted Uses
All permitted uses in conjunction with Mixed -Use Planned Unit Developments are listed
in Article III, Table III -3.
C. Density and Intensity
The densities and intensities of Mixed -Use Planned Unit Developments vary. Specific
requirements are contained in the City's Comprehensive Plan.
2024-0-3493 V-46
d. Conceptual Development Plan
A Conceptual Development Plan shall be submitted along with a Development
Agreement, see Section 21-101. The Conceptual Development Plan shall contain the
following:
1. Minimum dimensional requirements, including proposed lot area and width,
setbacks, building heights and minimum floor areas;
2. Landscaping, parking and signage;
3. Project phasing, if applicable;
4. Infrastructure improvements;
5. Common/open space areas and their use, including any resource protection
areas as defined in Article IV;
6. Proposed street layout, names and lot numbers; and
7. Overall stormwater/drainage master plan.
e. Master Plan Approval
A master plan shall be submitted in conjunction with Article XIII.
21-57.06 - Sustainable Community Development Planned Unit Development (SCD/PUD)
a. Purpose
The Sustainable Community Development Planned Unit Development (SCD/PUD) is
intended to provide a flexible approach for mixed use and innovative land use techniques,
which would otherwise not be permitted by this Code. Notwithstanding the specific
criteria identified herein, proposals should accomplish the following purposes, to the
greatest extent possible:
1. Provide a variety of land uses including residential, office, commercial,
public/civic and recreational which complement and serve residential uses
while reducing transportation needs and conserving energy and natural
resources;
2. Provide a socially and economically diverse community with a wide range of
housing types including but not limited to, single-family, multi -family and
townhouse homes as well as some residential inventory to be located above
retail or commercial uses with various price points;
3. Provide innovative site and building design, including design principles that
are consistent with Traditional Neighborhood Design, Transit -Oriented
Development and New Urbanism;
4. Provide efficient location and utilization of infrastructure through orderly and
economical development, including a fully integrated network of streets
arranged and designed to promote a pleasant, pedestrian and bicycle -friendly
environment with an emphasis on convenient access to surrounding
neighborhoods and community amenities;
5. Conserve large areas of uninterrupted environmentally sensitive areas which
shall be managed as part of a system for habitat, wetlands, surface water
2024-0-3445 V-47
protection and to provide scenic areas and recreational opportunities (both active
and passive); and
6. Provide for other limitations, restrictions and requirements as deemed
necessary by the City to ensure compatibility with adjacent neighborhoods
and effectively reduce potential adverse impacts.
b. Permitted Uses
All permitted uses in conjunction with Sustainable Community Development Planned
Unit Developments are listed in Article III, Table III -3.
C. Density and Intensity
The densities and intensities of Sustained Community Development Planned Unit
Developments vary. Specific requirements are contained in the City's Comprehensive
Plan.
d. Conceptual Development Plan
A Conceptual Development Plan shall be submitted along with a Development
Agreement, see Section 21-101. The Conceptual Development Plan shall contain, but not
be limited to the following:
I. Minimum dimensional requirements, including proposed lot area and width,
setbacks, building heights and minimum floor areas;
2. Landscaping, parking and signage;
3. Project phasing, if applicable;
4. Infrastructure improvements;
5. Common/open space areas and their use, including any resource protection
areas as defined in Article IV;
6. Proposed street layout, names and lot numbers; and
7. Overall stormwater/drainage master plan.
e. Master Plan Approval
A master plan shall be submitted in conjunction with Article XIII.
2024-0-3493 V48