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2009-O-04ORDINANCE NO. 2009-0-04 AN ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA, AMENDING CHAPTER 21, ARTICLES III (PERMITTED, CONDITIONAL, ACCESSORY, AND PROHIBITED USES), V (SITE DESIGN CRITERIA), AND X (CODE COMPLIANCE PROCESS) OF THE LAND DEVELOPMENT CODE; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; AND PROVIDING FOR AN EFFECTIVE DATE, ADOPTION AND CODIFICATION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. City Council adopted Ordinance #2009 -0 -03 which modified Chapter 10 (Health and Sanitation) of the Code of Ordinances to include Property Maintenance and Code Enforcement. 2. Pursuant to this modification, certain sections contained in Article III (Permitted, Conditional, Accessory, and Prohibited Uses), Article V (Site Design Criteria) and Article X (Code Enforcement Process) of the Land Development Code (Chapter 21) were incorporated into Chapter 10 now known as (Health, Sanitation, Property Maintenance and Code Enforcement). 3. The City Council desires to amend the Land Development Code so that all references to health, sanitation, property maintenance and code enforcement are now removed. NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: PART A. AMEND CHAPTER 21 (LAND DEVELOPMENT CODE) BY MODIFYING ARTICLES III (PERMITTED, CONDITIONAL, ACCESSORY, AND PROHIBITED USES), V (SITE DESIGN CRITERIA) AND X (CODE ENFORCEMENT), OF THE CODE OF ORDINANCES, CITY OF EDGEWATER, FLORIDA. Stmak through passages are deleted. Underlined passages are added. Chapter 21 (Land Development Code) of the City of Edgewater, Florida is hereby amended by modifying III (Permitted, Conditional, Accessory, and Prohibited Uses), V (Site Design Criteria), & X (Code Enforcement) as set forth in Exhibits "A" through "C" which are 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 All conflicting ordinances and resolutions, or parts thereof, in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict.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 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 relettered 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. Stfu passages are deleted. Underlined passages are added. 2 2009 -0 -04 PART F. ADOPTION. After Motion to approve by Councilwoman Rogers and Second by Councilwoman Rhodes, the vote on the first reading of this ordinance held on May 18, 2009, was as follows: AYE NAY Mayor Mike Thomas X Councilwoman Debra J. Rogers X Councilwoman Gigi Bennington X Councilwoman Harriet B. Rhodes X Councilman Ted Cooper X After Motion to approve by Ci ij"wj I W \(yjr n huL ) and Second the vote on the second reading of this ordinance was as follows: Mayor Mike Thomas Councilwoman Debra J. Rogers Councilwoman Gigi Bennington Councilwoman Harriet B. Rhodes Councilman Ted Cooper Stmek threa passages are deleted. Underlined passages are added. 2009 -0 -04 3 AYE NAY PASSED AND DULY ADOPTED this 15th day of June, 2009. CITY COUNCIL OF THE CITY OF EDGEWATM FLORIDA B�. V Bonnie Wenzel Mike Thomas City Clerk Mayor Robin L. Matusick Paralegal For the use and reliance only by the City of Approved by the City Council of the City of Edgewater, Florida. Approved as to form and Edgewater at a meeting held on this 15th day legality by: Carolyn S. Ansay, Esquire of June, 2009 under Agenda Item No. e, City Attorney Doran, Wolfe, Ansay & Kundid Stmek threat passages are deleted. Underlined passages are added. 4 2009 -0 -04 Executive Summary for Chapter 10 `Health, Sanitation, Property Maintenance and Code Enforcement' of the Code of Ordinances The proposed revisions to Chapter 10 include numerous items intended to improve property maintenance standards within the City of Edgewater. As part of this amendment, several sections pertaining to property maintenance were incorporated into Chapter 10 from the City's Land Development Code (LDC). Accordingly, it is necessary to strike through that language that was previously contained in the LDC. The proposed revisions include, but are not limited to the following: • Renaming Chapter 10 from `Health and Sanitation' to `Health, Sanitation, Property Maintenance and Code Enforcement' • Limiting the accumulation of commercial advertisements or newspapers deposited on vacant property • Inclusion of `Prohibited Uses' previously contained in Article III of the LDC • Inclusion of "Property Maintenance- Duty of Owner' previously contained in Article V of the LDC • Inclusion of `Inoperable, Abandoned and/or Wrecked Vehicles' previously contained in Article III of the LDC • Defining unsafe and uninhabitable buildings and their eventual condemnation and demolition requirements • Defining the duties and powers of the code compliance officers • Establishing standards for maintenance of structures, property and equipment (interior and exterior) • Inclusion of the code compliance process previously known as Article X of the LDC ARTICLE III PERMITTED, CONDITIONAL, ACCESSORY, AND PROHIBITED USES SECTION 21 -30 - GENERAL PROVISIONS ...................................... ............................... III -1 21 -30.01 - Purpose .................................................................................. ............................... III -1 21 -30.02 - District Boundaries ................................................................ ............................... III -1 21 -30.03 - Application of Districts ......................................................... ............................... III -2 21 -30.04 - Official Zoning Map ............................................................. ............................... III -2 21 -30.05 - Comprehensive Plan Consistency ......................................... ............................... III -3 SECTION 21 -31 - COMPREHENSIVE PLAN RELATIONSHIP .... ............................... III -3 SECTION 21 -32 - ZONING DISTRICT DESCRIPTIONS ................ ............................... III -4 21 -32.01 - Zoning District Descriptions ................................................. ............................... III -4 SECTION 21 -33 - USES AND RESTRICTIONS ................................. ............................... III -6 21 -33.01 - Purpose .................................................................................. ............................... III -6 21 -33.02 - Permitted Uses ...................................................................... ............................... III -6 21 -33.03 - Conditional Uses ................................................................... ............................... III -6 21 -33.04 - Accessory Uses ..................................................................... ............................... III -6 21 -33.05 - Table III -3 ............................................................................. ............................... III -7 SECTION 21 -34 - SPECIAL USE REQUIREMENTS ...................... ............................... III -11 21 -34.01 - Home Occupations .............................................................. ............................... III -11 21 -34.02 - Community Residential Homes (CRH) .............................. ............................... III -12 21 -34.03 - Institutional Residential Homes (also referred to as ALF's) ............................. III -14 21-- 34. inoperable Aband „ai W - V .io ............. ............................... III -14 ........................ III -15 Trailers and Camper-s ......................................................... ............................... III -16 21 -34.0-7 04 - Salvage Yards ................................................................. ............................... III -17 21 -34.09 05 - Refuse and Dumpsters .................................................... ............................... III -18 21 -34.09 06 - Kennel s ........................................................................... ............................... III -18 21 3 4. 10 Solid Waste Reeeptaeles: Residentia4 ........ ............................... ......................... III -19 21 -34.44 07 - Mini - warehouses ............................................................ ............................... III -20 21 -34.4-2- 08 - Bed & Breakfasts ........................................................... ............................... III -20 21-34.4-3-09 - Nursing Homes ............................................................... ............................... III -21 21- 34.4 -4 10 - Residential Professional Offices .................................... ............................... III -21 SECTION 21 -35 - PROHIBITED USES ............................................. ............................... III -22 -21- 33-01 - Outdoor- Storage . Re .............................................. ............................... III -22 ............................ III -22 21 35 C e o a l Vehiele i n Re Afe as ......................... ............................... III -22 21 35.04 Negleeted Pfemises ............................................................. ............................... III -22 Rev. 06/15/09 (Land Development Code) 21 35.05 Pafking en Dfainage ef Maintenanee Easements ef Ptiblie Right of Ways ...... III -23 21 -35.86 01 - Alcoholic Beverages ...................................................... ............................... III -23 SECTION 21 -36 - ACCESSORY USE REQUIREMENTS .................... ......................... III -23 21 -36.01 - Purpose ................................................................................ ............................... III -23 21 -36.02 - General Regulations ............................................................ ............................... III -23 21 -36.03 - Outdoor Storage and Display: Commercial / Industrial ........ ............................... III -24 21 -36.04 - Satellite Dishes and Antennas ............................................. ............................... III -25 21 -36.05 - Places of Worship — Schools /Child Care ............................ ............................... III -25 21 -36.06 - Boathouses .......................................................................... ............................... III -26 21 -36.07 - Boat Docks and Slips .......................................................... ............................... III -26 21 -36.08 - Boats as Dwelling Units ...................................................... ............................... III -27 21 -36.09 - Canopies /Temporary Carports and Tents / Gazebos ............. ............................... III -27 21 -36.10 - Swimming Pools ................................................................. ............................... III -28 SECTION 21 -37 - SPECIAL ACTIVITY/PERMIT REQUIREMENTS ....................... III -30 21 -37.01 - Purpose /Scope ..................................................................... ............................... III -30 21 -37.02 - Definitions ........................................................................... ............................... III -30 21 -37.03 - Special Activity Permit Requirements ................................ ............................... III -3 l 21 -37.04 - Special Activity Permit Application Process ...................... ............................... III -31 21 -37.05 - Special Activity Permit Criteria .......................................... ............................... III -32 21 -37.06 - Temporary Structures .......................................................... ............................... III -32 21 -37.07 - Inspections to Ensure Compliance ...................................... ............................... III -33 21 -37.08 - Penalties .............................................................................. ............................... III -33 21 -37.09 - Exceptions ........................................................................... ............................... III -33 SECTION 21 -38 - FENCES, WALLS and HEDGES ........................ ............................... III -33 21 -38.01 - Purpose ................................................................................ ............................... III -33 21 -38.02 - General Requirements ................................ ............................... ......................... III -33 21 -38.03 - Site Triangle Requirements ................................................. ............................... III -35 Article III -ii- Rev. 06/15/09 (Land Development Code) ARTICLE III PERMITTED USES, CONDITIONAL USES, ACCESSORY USES AND PROHIBITED USES SECTION 21 -30 — GENERAL PROVISIONS 21- 30.01 — Purpose In addition to the intent and purposes listed in Section 21 -30, the various zoning districts established herein are intended to: a. Establish the permitted, prohibited, conditional and accessory uses allowed for each parcel; and b. Provide for equal protection of property rights of each parcel of land without regard for its classification; and c. Streamline the land development decision process to the maximum extent possible; and d. Provide reasonable opportunities for the provision of telecommunication facilities; and e. Control the placement of signage to preserve property values and enhance the aesthetic character of the City; and f. Prevent cut - through traffic in residential neighborhoods to the maximum extent possible. 21 -30.02 — District Boundaries Zoning districts are depicted as shown on the Official Zoning Map of the City of Edgewater, Florida, as revised at the effective date of this Code, and made a part of the Article by reference. When uncertainty occurs as to boundaries of zoning districts on the Official Zoning Map, the following rules shall apply: a. Boundaries are depicted to follow the centerline of streets, highways, alleys, or other public right -of -ways and shall be construed to follow such lines; b. Boundaries are depicted to follow platted lot lines, section lines, or tract lines and shall be construed as following such lot lines; c. Boundaries are depicted to follow political boundaries and shall be construed as following such political boundaries; Rev 06/15/09 (LandDevelopmentCode) III -1 d. Boundaries are depicted to follow railroad right -of -ways and shall be construed to be the center line of the railroad right -of -way; e. Boundaries are depicted to follow shorelines and shall be construed to follow such shorelines even if the shorelines change; f. Boundaries are depicted to follow the center lines of canals and shall be construed to follow such center lines; g. Boundaries shown to be parallel to the center line of streets, or the center line or right -of -way line of highways, such district boundaries shall be construed as being parallel thereto and such distance therefrom as indicated on the zoning maps. If no distance is given, such dimension shall be determined by measuring from the Official Zoning Map; h. Where a public road, street or alley is officially vacated or abandoned, the location of the zoning district boundaries shall be the center line of the vacated right -of -way; i. Where physical or cultural features existing on the ground are different from those shown on the Official Zoning Map, or in case any other uncertainty exists, the Development Services Director /Planning Director shall interpret the intent of the Official Zoning Map as to the location of district boundaries. 21 -30.03 — Application of Districts Except as provided in Section 21 -71 — Non - Conforming Uses, the enlargement, alteration, conversion, relocation, rehabilitation, or reconstruction of any structure or building shall be in accordance with regulations of the district in which said structure or building is located as well as all applicable regulations of this Article. All use of land and/or water shall be done so only in accordance with the applicable requirements of this Article. 21 -30.04 — Official Zoning Map a. The City of Edgewater is hereby divided into zoning districts and shown on the Official Zoning Map as amended by the City Council. The Official Zoning Map shall be identified by the signature of the Mayor, attested by the City Clerk and bearing the seal of the City under the following words: "This is to certify that this is the Official Zoning Map referred to in Chapter 21, of the Code of Ordinances." b. No changes shall be made in the Official Zoning Map except as provided herein in Article IX. Any unauthorized change of any kind by any person, or persons, shall be considered a violation of this Article and be subject to the applicable enforcement provisions described in Article X. Rev 06/15/09 (LandDevelopmentCode) III -2 c. Regardless of the existence of copies of the Official Zoning Map which may from time to time be made or published, the Official Zoning Map shall be maintained in the official records of the City. d. In the event that the Official Zoning Map becomes damaged, destroyed, lost, or difficult to interpret because of the nature of number of changes and additions, the City Council shall adopt a new Official Zoning Map. 21 -30.05 — Comprehensive Plan Consistency The 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) Rev 06/15/09 (LandDevelopmentCode) III -3 TABLE III -1 LAND USE AND ZONING COMPATIBILITY Future Land Use Designation Compatible Zoning Districts Low Density Transition RT 1.0 DU /net acre Low Density Residential R -1, R -2, R -3, RPUD, RP, RT 1.0 to 4.0 DU /net acre Medium Density Residential R -3, R -4, RPUD, MH -1, MH -2 4.1 to 8.0 DU /net acre High Density Residential R -5, RPUD 8.1 to 12.0 DU /net acre Commercial B -2, B -3, B -4, BPUD Industrial I- 1,1 -2, IPUD Recreation CN, RT, AG, R -1, R -2, R -3, R -4, R -5, RPUD, RP, MH -1, MH -2, B -2, B -3, B -4, BPUD, I -1, I -2, IPUD, P /SP, R, EC, CC Public /Semi- Public CN, AG, P /SP, R Conservation CN, P /SP, R Agriculture AG, R Minimum 1 DU /2.5 net acre Mixed Use RPUD, BPUD, IPUD, EC, CC Minimum 15 acres; to 12 DU /net acre DU = Dwelling Units SECTION 21 -32 — ZONING DISTRICT DESCRIPTIONS 21- 32.01— Zoning District Descriptions Table I1I -2 summarizes the principal purpose for each zoning category. The minimum parcel sizes are provided where applicable. (See Page III -5) Rev 06/15/09 (LandDevelopmentCode) III -4 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. 1 acre lot. SF Residential R -1 Single family residential — (1.0 to 4.0 units /net acre) min. 12,000 sq. ft. lot. SF Residential R -2 Single family residential — (1.0 to 4.0 units /net acre) min. 10,000 sq. ft. lot SF Residential R -3 Single family residential — (1.0 to 4.0 units /net acre) min. 8,625 lot. MF Residential R -3, R -4 Medium density residential (4.1 to 8.0 units /net acre) — single family, duplex, apartments, and townhouses. MF Residential R -5 High density residential (8.1 to 12.0 units /net acre) — single family, duplex, a artments, and townhouses. Recreation R This zoning category includes parks and recreation facilities owned by the City, as well as recreation facilities located at area schools that are under lease to the City. This category includes land committed to both active and passive recreational uses. Residential Planned Unit RPUD Intended for mixed residential, personal service and limited retail Development commercial with a single development plan —15 acre min. size parcel — See Article V, Section 21 -58 for details. Residential Professional RP Intended for office professional along SR#442 and a rezoning must be Office 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 MH -2 Medium density residential (5.1 to 8.0 units /acre). Provide for Subdivision manufactured home subdivisions — min. 50 acre parcel. Neighborhood Business B -2 Intended for retail goods and services for frequent residential needs — min. 10,000 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. Highway Business B -3 Intended for high volume highway related commercial uses — no min. p arcel size. Tourist Commercial B -4 Intended for short term waterfront accommodations for visitors and accessory uses, may include residential mixed use — min. 2 acres. Business Planned Unit BPUD Intended for mixed commercial and limited multifamily residential with a Development single development plan —15 acre min. parcel — Details in Article V, Section 21 -58. Light Industrial 1 -1 Intended for storage, light manufacturing, wholesaling and distribution uses and adult entertainment — no min. parcel size. Heavy 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 —15 -acre min. parcel size — Details in Article V, Section 21 -58. Agriculture AG Intended for general agriculture uses — min. 2.5 -acre parcel — temporary or hold zoning intended for future urban development. Employment EC /CC Intended to allow a mix of uses to satisfy varying degrees of intensity Center /Communi Center and balance the residential and non - residential needs of the CiLy. Rev 06/15/09 (LandDevelopmentCode) 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. Rev 06/15/09 (LandDevelopmentCode) III -6 0 M M N z 0 w W CQ W U z U A z V A W PLO W M w a H . O U a� C3. O N a� Q b C O� O 0 W U U U U U U U U U U U U U U U a a A ✓ a. 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U a. a U I-+ U a E. a v c m N x N x E o o id v N x a cl m v N x ro v N w o Q m v N x m v N x o ro v N x - v N x ¢l x v U x > x tc ' N a 0 ' CA a O •� (n U O V) F .> CIO c c c N V c N G L o Q 0 O U a� O N Q) Q b I~ cd O N O TABLE III -3 FOOTNOTES The sections cited below identify special requirements for the listed land uses and are found on the following pages. In addition, many of the proposed projects must also comply with the requirements of Article IV — Natural Resource Protection, Article V — Site Design Criteria, Article VI — Signs and Article XVIII - Indian River Boulevard — S.R. 442 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 -34.12 for details. 4. See Kennels /Boarding, Section 21 -34.09 for details. 5. See Mini - Warehouses, Section 21 -34.11 for details. 6. See Nursing Homes, Section 21 -34.13 for details. 7. See Outdoor Storage, Section 21 -34.04 and 21 -35.01 and 21 -36.03 for details. 8. See Community Residential Homes, Section 21 -34.02 for details. 9. Limited to 6, or less, residents and no closer than 1000 feet to another Family Residential Home. 10. See Institutional Residential Homes, Section 21-34.03 for details. 11. Multifamily residential is permitted in BPUD only as part of a single business /residential development plan — See Article V, Section 21 -58 for details. 12. See Salvage Yards, Section 21 -34.07 for details. 13. Residential Professional offices may be permitted as a conditional use in the R -2 district for certain properties abutting State Road #442. See Section 21 -34.14 for details. Rev 06/15/09 (LandDevelopmentCode) 1I1 -10 14. No artificial lights or recreational activity within 25 feet of the perimeter of the property line shall be permitted adjacent to residential property. 15. Places of Worship — Schools /Child Care, see Section 21 -36.05 for details. 16. Attached and detached aircraft hangars permitted in residential districts adjacent to airport taxiways. 17. Outside application of flammable finishes and/or environmentally sensitive finishes (spray painting) is strictly prohibited. 18. State license required. 19. Mining/Excavation is defined as the exploration for or extraction of surface or subterranean compounds; which shall include oil and gas exploration and production, and the mining of metallic and non - metallic minerals, sand, gravel, fill dirt, and rock. 20. Adult Entertainment is permitted in the I -1 (Light Industrial) zoning district with the exception of properties with frontage on Park Avenue. SECTION 21 -34 — SPECIAL USE REQUIREMENTS The following uses are subject to the special restrictions described below in addition to the applicable natural resource standards described in Article IV and the project design standards described in Article V. 21 -34.01 — Home Occupations The purpose of this Section is to provide criteria under which a home occupation may operate in the City's residential districts. The Home 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. Rev 06/15/09 (LandDevelopmentCode) III -11 d. Noise, dust, odors or vibrations emanating from the premises shall not exceed that which is normally emanated by a single dwelling unit. Activities that cause a nuisance shall not be permitted in residential areas. e. No electrical, electro- magnetic or mechanical equipment that causes any interference or excessive noise to adjacent dwelling units shall be installed or operated. f. No products, services, or signage may be displayed in a manner that is visible from the exterior of the dwelling unit, except signage required by state law. g. Except as provided in Section 21- 35.03, no commercial vehicles or equipment shall be permitted in the driveway, or adjacent public right -of -way, including commercial vehicles used for mobile vending and no delivery of commercial products for the use of the business tax receipt shall be allowed. Normal /routine UPS, FedEx, or over -night mail shall not be considered commercial deliveries. h. The use of typewriters, computers, printers, photocopiers and fax machines will be permitted for office use and small machinery such as hand drills and small jigsaws for hobbyist uses. Hobbyist uses shall 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. 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 as defined in F.S. 419.001(a), and limit their location to areas zoned for multi- family development. Rev 06/15/09 (LandDevelopmentCode) III -12 a. All Community Residential Homes shall be required to obtain a City business tax receipt. Pursuant to the requirements of Chapter 205.1965, F.S., the City shall not issue said receipt unless the applicant has a state license and substantially meets the criteria listed herein. b. All facilities shall comply with the minimum parcel area and dimensional requirements of the zoning district in which the facility is located. c. Community Residential Homes shall be used only for the purpose of providing rehabilitative, or specialized care, and may not be used for administrative, or related office -type activities, other than those in support of the facility. d. No counseling, or other client services for non - residents shall be permitted in a CRH. e. A CRH shall be similar in appearance to the prevailing character of the area in which the proposed site is located. Similar means within 125 percent of the average floor area, height, and/or architectural style of any other dwelling units in the adjacent area. f. On -site signage shall be a low profile sign with a maximum height of 8 feet and a maximum area of 16 square feet. g. The proposed CRH shall provide a minimum 4 -foot (4') high fence on all property lines. h. The proposed CRH shall comply with the appropriate project design standards described in Article V. i. The proposed CRH shall comply with all appropriate Florida Fire Prevention Codes and Building Code requirements. j. The minimum dwelling unit size for each resident shall be 750 square feet. k. There shall be no more than fourteen (14) residents permitted in a structure on a parcel designated as Medium Density Residential or High Density Residential on the City's Future Land Use Map. 1. Each CRH shall provide a responsible supervisory person on duty at all times while residents are on the premises. The minimum staffing levels required by the State, or other licensing agency, shall be maintained at all times. m. Failure to substantially comply with all these criteria shall subject the property owner, and/or the applicant, to the enforcement provisions of Article X. n. A Community Residential Home shall not be located closer than 1,200 feet (1,200') to another CRH, or closer than 500 feet (500') of a parcel zoned AG, RT, R -1, R -2, or R -3. [See Chapter 419.001 F.S.] Rev 06/15/09 (LandDevelopmentCode) I11 -13 o. All distance requirements shall be measured from the nearest point of the existing CRH property line, or the zoning district described above, whichever is greater. p. Each facility shall be required to obtain an appropriate license prior to receiving an occupational license from the City and Volusia County. The City will inspect facilities for compliance with Florida Fire Prevention Codes. 21 -34.03 — Institutional Residential Homes (also referred to as ALF's) The purpose of this Article is to provide regulations to protect the adjacent property values while allowing the institutional home to operate. For this purpose of this Code, assisted living facilities (ALF) shall be considered as an Institutional Residential Home. a. A minimum 4 foot (4') high fence shall be provided at all times. b. Full time on -site management shall be provided at all times. c. Minor on -site medical care may be provided at the option of the operator. d. Each resident shall have the minimum square footage of personal living area for their use, as required by the State. e. Each facility shall be required to obtain an appropriate license prior to receiving an occupational license from the City and Volusia County. The City will inspect facilities for compliance with Florida Fire Prevention Codes. 2134.04 inoperable, Abandoned, and/or Wrecked Veh Rev 06/15/09 (LandDevelopmentCode) III -14 NOW Rev 06/15/09 (LandDevelopmentCode) III -14 !ii/i!t�S'T.frT!!TfWlf7 Rev 06/15/09 (LandDevelopmentCode) I11 -15 s�rc�nT�r. rr sre�. rrs�r. rr sss�rrs��rea��rtsa�� *!r.��ea�n+r�:��a*'��rn. � . Of s�ss�essz� INW 1111 MW rl lip 1 -11 i No f MM �ssser'sr.�e!� s Rev 06 /15/09 (LandDevelopmentCode) I11 -16 INW 1111 MW rl 1 11M . Nil 1 11W ., 1 -11 s Rev 06 /15/09 (LandDevelopmentCode) I11 -16 21 -34.0-7 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. b. The site shall be a minimum of 40,000 square feet and a maximum of 200,000 square feet, and shall conform to the buffer yard requirements described in Article V, Section 21 -54. c. All sites shall be enclosed by an eight foot (8') high stockade fence or masonry wall. Existing sites with chain link fence may be enclosed with slatting. New sites shall require stockade fencing or masonry wall. d. Nothing stored shall be visible above the height of the fence or wall. e. A City of Edgewater Business Tax Receipt shall be required. Rev 06/15/09 (LandDevelopmentCode) III -17 s�errrssrs:s��res!�r. �sssei F ; P -0-0 PI . 21 -34.0-7 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. b. The site shall be a minimum of 40,000 square feet and a maximum of 200,000 square feet, and shall conform to the buffer yard requirements described in Article V, Section 21 -54. c. All sites shall be enclosed by an eight foot (8') high stockade fence or masonry wall. Existing sites with chain link fence may be enclosed with slatting. New sites shall require stockade fencing or masonry wall. d. Nothing stored shall be visible above the height of the fence or wall. e. A City of Edgewater Business Tax Receipt shall be required. Rev 06/15/09 (LandDevelopmentCode) III -17 s�errrssrs:s��res!�r. �sssei PI . : • .s Mil 21 -34.0-7 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. b. The site shall be a minimum of 40,000 square feet and a maximum of 200,000 square feet, and shall conform to the buffer yard requirements described in Article V, Section 21 -54. c. All sites shall be enclosed by an eight foot (8') high stockade fence or masonry wall. Existing sites with chain link fence may be enclosed with slatting. New sites shall require stockade fencing or masonry wall. d. Nothing stored shall be visible above the height of the fence or wall. e. A City of Edgewater Business Tax Receipt shall be required. Rev 06/15/09 (LandDevelopmentCode) III -17 s�errrssrs:s��res!�r. �sssei PI . : 21 -34.0-7 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. b. The site shall be a minimum of 40,000 square feet and a maximum of 200,000 square feet, and shall conform to the buffer yard requirements described in Article V, Section 21 -54. c. All sites shall be enclosed by an eight foot (8') high stockade fence or masonry wall. Existing sites with chain link fence may be enclosed with slatting. New sites shall require stockade fencing or masonry wall. d. Nothing stored shall be visible above the height of the fence or wall. e. A City of Edgewater Business Tax Receipt shall be required. Rev 06/15/09 (LandDevelopmentCode) III -17 f. No storage or parking of items under control of the salvage yard shall be permitted outside of the fence or wall. 21 -34.08 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 on commercial, industrial and multi- family properties shall be enclosed from view with a six foot (6') high stockade fence, or masonry wall and gate. Existing sites with chain link fence may be enclosed with slatting. New sites shall require stockade fencing or masonry wall. Dumpsters and dumpster pads shall not be required for properties zoned RP (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. Non - residential properties located within 150 -feet of a residential property line or noise sensitive zone (as defined in the Noise Ordinance) shall not have dumpsters and/or containers delivered, emptied or removed between the hours of seven p.m. (7:00 p.m.) and seven a.m. (7:00 a.m.) on weekdays and seven p.m. (7:00 p.m.) and eight a.m. (8:00 a.m.) on weekends or holidays. Dumpsters and/or containers cannot be delivered, emptied or removed during the hours of ten p.m. (10:00 p.m.) and six a.m. (6:00 a.m.) in non - residential properties which are not within 150 -feet of a residential property line or noise sensitive zone. e. All construction projects shall have a dumpster located on -site for placement of construction debris for all new construction and additions exceeding 600 - square feet. f. Containment areas and construction project areas shall be maintained in a clean and orderly manner at all times so as to not produce a nuisance. g. Newly developed/redeveloped non - residential projects and multi - family projects over four (4) units shall provide an adequate quantity of on -site dumpsters. 21 -34.03 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. Rev 06/15/09 (LandDevelopmentCode) I1I -18 b. All runs shall be equipped with drains provided every 10 feet (10') and connected to a sanitary facility approved the City Engineer. c. No animal having a disease harmful to humans shall be boarded or maintained in the facility. d. No building or other structure nor any dog run shall be located within 150 feet (150') of any residential use. e. Dog runs adjacent to a residential use shall not be used between the hours of 10 P.M. and 7 A.M. f. Kennels are required to receive a commercial kennel license from the Volusia County Animal Control Department and a City of Edgewater 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. W PERM. WIN W ' I VOIND g . Tr-ee femeval en any lot shall be the fespensibility of the ewnef of eon r-emeval Rev 06/15/09 (LandDevelopmentCode) III -19 .= g . Tr-ee femeval en any lot shall be the fespensibility of the ewnef of eon r-emeval Rev 06/15/09 (LandDevelopmentCode) III -19 21 -34.14 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 or masonry wall. b. The project shall be completely fenced, walled, and designed to limit ingress and egress through a controlled and lockable access point. This shall be limited to one (1) two (2) way access points or two (2) one (1) way access points. c. Mini - warehouse units shall not contain any provision for electrical outlets, potable water, or sewer services within the confines of the warehouse units. Hose bibs for cleaning purposes may be installed outside of the warehouse structures. d. Bathroom facilities shall be provided at a central facility in accordance with the Standard Plumbing Code. e. Mini - warehouses are to be used solely for storage purposes. No other commercial use or business shall be permitted within the facility unless permitted as part of a Master Plan. However, one (1) office unit attached by common walls or floors as a part of the mini - warehouse facility may be provided for use of the warehouse manager. f. No storage of flammables, weapons, ammunition, explosives, hazardous, or illegal substances or materials is allowed. g. Mini - warehouses may be permitted as a conditional use in the B -3 and BPUD District when located at least 100 feet (100') from the front property line and where in that 100 feet (100') the property is developed. h. A City Business Tax Receipt shall be required. 21 -34.43 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 (l) sign not to exceed six (6) square feet. d. A City Business Tax Receipt is required. Rev 06/15/09 (LandDevelopmentCode) I11 -20 21 -34.43 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- 34.4 -4 10 — Residential Professional Offices Residential Professional Offices are permitted as a conditional use and require site plan approval. Residential Professional Offices are permitted only along S.R. 442, east of Pinedale Road and west of U.S. Highway 1. Residential Professional Office site plans shall be provided with a Zoning Map Amendment application and shall include: a. The property must have a minimum frontage of 100 -feet along S.R. 442. b. One ground sign not to exceed sixteen (16) square feet of display area and an overall height of eight feet (8'). 1. Ground Sign Planter Specifications. Vertical structure supports for ground signs shall be concealed in an enclosed base. The width of such enclosed base shall be equal to at least two- thirds (2/3) the horizontal width of the sign surface. A planter structure shall enclose the foot of the base. The planter shall be between two feet (2') and three feet (3') in height above the ground, with a minimum length equal to the width of the sign and a minimum width of three feet (3'). The materials will be consistent with the sign and principal structure. The planter shall be irrigated and planted with low shrubs, ornamentals or flowers. Such plantings shall be maintained indefinitely. 2. Ground Sign Setback. The leading edge of the sign shall be setback a minimum of ten feet (10') from the right -of -way. 3. Movement. No ground sign nor its parts shall move, rotate or use flashing lights. 4. Prohibited Signs. Signs that are prohibited in the Indian River Boulevard Corridor include animated signs, billboards, off -site signs, flashing signs, snipe signs, portable signs (trailer signs), roof signs, beacon lights, bench signs, trash receptacle signs, gutter signs, signs on public property, immoral display, obstruction, streamers, spinners and pennants. c. Commercial building code requirements shall be met. Rev 06/15/09 (LandDevelopmentCode) III -21 d. A City Business Tax Receipt is required. e. All development and/or redevelopment shall conform to the site design criteria as defined in Article V and Article XVIII of the Land Development Code f. Professional office uses are restrictive and shall be designed to primarily serve the populace of the general vicinity. SECTION 21 -35 — PROHIBITED USES , ; Ma K NO M F 11111111M. We 7.7- Rev 06/15/09 (LandDevelopmentCode) III -22 M F 11111111M. We 7.7- Rev 06/15/09 (LandDevelopmentCode) III -22 1. A flT.!!!iR!T�4s1 S��T.�i:!lEir: 21 -35.06 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 church or school with the following exception: a. Any location licensed as a restaurant, which derives at least 51- percent of their gross revenues from the sale of food and nonalcoholic beverages, pursuant to Florida Statutes. SECTION 21 -36 — ACCESSORY USE REQUIREMENTS 21- 36.01— Purpose This Section includes those accessory uses and detached structures that are subordinate to the main use or building or located on the same lot. The term other accessory buildings shall include, but not be limited to such structures as greenhouses, gazebos, storage buildings, storage shed, garages, carports and the like. 21 -36.02 — General Regulations a. The principle permitted use must be built or permitted prior to a permit for an accessory use is permitted. b. All accessory uses, buildings and structures shall be located on the same lot as the principle or permitted use. c. No accessory use, building or structure shall exceed the height limit shown in that district. d. Accessory buildings shall not be rented or otherwise used as a dwelling unit. e. No accessory structure may be located within a public right -of -way or public easement. f. All accessory structures are required to obtain a building permit. g. No accessory structure may be located in any front yard in any zoning district. Rev 06/15/09 (LandDevelopmentCode) 111 -23 21 -35.06 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 church or school with the following exception: a. Any location licensed as a restaurant, which derives at least 51- percent of their gross revenues from the sale of food and nonalcoholic beverages, pursuant to Florida Statutes. SECTION 21 -36 — ACCESSORY USE REQUIREMENTS 21- 36.01— Purpose This Section includes those accessory uses and detached structures that are subordinate to the main use or building or located on the same lot. The term other accessory buildings shall include, but not be limited to such structures as greenhouses, gazebos, storage buildings, storage shed, garages, carports and the like. 21 -36.02 — General Regulations a. The principle permitted use must be built or permitted prior to a permit for an accessory use is permitted. b. All accessory uses, buildings and structures shall be located on the same lot as the principle or permitted use. c. No accessory use, building or structure shall exceed the height limit shown in that district. d. Accessory buildings shall not be rented or otherwise used as a dwelling unit. e. No accessory structure may be located within a public right -of -way or public easement. f. All accessory structures are required to obtain a building permit. g. No accessory structure may be located in any front yard in any zoning district. Rev 06/15/09 (LandDevelopmentCode) 111 -23 h. Accessory buildings shall conform to the setback requirements described in Table V -1. i. No accessory building may be located within any required parking area, landscape area or stormwater facility area. j. Accessory buildings shall be limited to 2 per parcel. k. Storage sheds of 120 sq. ft. or less may be located five (5') feet from rear and side property lines. 21 -36.03 — Outdoor Storage and Display: Commercial/Industrial The purpose of this Section is to provide regulations for the location of outdoor storage and display facilities where such storage is an accessory use and a part of normal operations on the premises. a. Outdoor storage and display may be permitted in conjunction with the uses allowed in certain commercial and industrial districts as indicated in Table III -3. Such outdoor storage or display shall not be located adjacent to any residential district or use unless such storage or display is screened from the view of the neighboring residential district or use. b. No outdoor storage may be located in any required front yard, parking areas, fire zones, loading areas or access lanes. c. All outdoor storage areas shall be screened from view by a six foot (6') high stockade fence or masonry wall. However, the wall or fencing shall not interfere with the flow of traffic entering or leaving the site. Existing sites with a chain link fence may be enclosed with slatting. New sites shall require stockade fencing or masonry wall. d. Loose materials such as sand, Styrofoam, cardboard boxes, mulch, compost areas, and similar materials, which 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. Outdoor display of vehicles, watercraft, etc., for sale shall be set back no less than ten feet (10') from the front and side corner property line and five feet (5') from the interior side and rear property line. Landscaping shall be installed in this area on any adjacent local street. g. All display merchandise and related display equipment shall be removed at the close of business each day. No outdoor display areas shall be permitted within required parking Rev 06/15/09 (LandDevelopmentCode) I11 -24 spaces or areas, public sidewalks or pedestrian or vehicular access areas, parking aisles, driveway entrances or exits. h. All unattended machines dispensing a product, with the exception of ice and water machines, LP gas, newspaper machines (general circulation), shall be located indoors. 21 -36.04 — Satellite Dishes and Antennas The purpose of this Section is to control the location of satellite dishes and antennas in order to allow their use without sacrificing property values. Telecommunication tower location and site development standards are found in Article XII. a. Privately owned ham radio antennas, citizens band radio and/or satellite dish antennas shall be considered accessory uses. All other such facilities belonging to companies whose business involves the reception or transmissions of wireless communication signals shall be considered commercial uses. b. Pursuant to the Federal Telecommunications Act of 1996, satellite dishes 39 centimeters (approximately 36 inches) or less in diameter shall not require an installation permit. c. A satellite dish greater than 36 inches (36 ") in diameter shall require a building permit from the City. d. Except as provided in Article XII, antennas and satellite dishes greater than 36 inches in diameter shall be set back five feet (5') from side and rear lot lines or easements. e. No satellite dishes larger than 39 centimeters (approximately 36 inches) or antennas shall be permitted in the front yard of any parcel. f. The required setback shall be measured from the closest point of the outermost edge of the antenna or satellite dish to the property line. g. Except as provided in Article 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. Rev 06/15/09 (LandDevelopmentCode) III -25 c. No recreational activity shall be located closer than 25 feet (25') to an adjacent parcel. d. The front yard of a place of worship shall be on an arterial or collector roadway. e. The building design for new construction shall be substantially similar to the design of the existing structures. No portables, trailers or like buildings are permitted. f. Parking and service areas shall be located away from adjacent parcels. 21 -36.06 — Boathouses The following regulations shall apply to boathouses in all the R -1, R -2, R -3, R -4 and R -5 districts. a. Height of boathouses: No boathouse shall be erected or altered to a height exceeding fifteen (15') feet from mean high water. b. Boathouse setback: No boathouse shall be built less than five (5') feet from the established bulkhead line or less than ten (10') feet from any side lot line. If no bulkhead line is established, then the mean high tide watermark shall be used as the line of measurement. c. Accessory building attached to boathouse: No accessory building which is attached to a boathouse and a part thereof shall be erected or altered less than twenty (20') feet away from the established bulkhead line. If a bulkhead line is not established, then the mean high water mark shall be used as the line of measurement. d. Detached accessory building to boathouse: A detached accessory building to a boathouse is prohibited in the R -1, R -2, R -3, R -4 and R -5 residential districts. e. Area of boathouses: No boathouse or similar structure shall exceed twenty (20') feet in width measured on a line parallel to the established bulkhead line or exceed forty (40') feet in depth measured at right angles to the established bulkhead line. If a bulkhead line is not established, then the mean highwater mark shall be used as a line of measurement. 21 -36.07 — Boat Docks and Slips a. Boat docks and slips for mooring pleasure boats, yachts and non - commercial watercraft shall be permitted in accordance with Volusia County's Manatee Protection Plan in any residential district as an accessory use to the residential use. b. If no bulkhead line is established, then the mean highwater mark shall be used as the line of measurement. c. Each lot of record with frontage along the Indian River shall be entitled to one (1) boat slip per Volusia County's Manatee Protection Plan. Rev 06/15/09 (LandDevelopmentCode) III -26 21 -36.08 — Boats as Dwelling Units No boat or vessel shall be used or maintained as a dwelling unit which is not sound, seaworthy and equipped with sanitary facilities that are either: a. Connected to a public sewer system, or b. Have a self - contained waste treatment system. 21 -36.09 — Canopies/Temporary Carports and Tents /Gazebos a. Owners of canopies /temporary carports and tents /gazebos shall be required to secure the above objects so as to prevent them from becoming airborne or from leaving the property where installed, as well as keep them in a good state of repair. b. The below specifications are intended to be minimum only and are no indication or guarantee of fitness for securing the temporary items covered under this Section. Quantities and sizing will vary by the size of the item being secured. 1. All tie downs must be secured to solid, immoveable objects such as: mobile home anchors, concrete driveways, buildings, etc., or as per manufacturer's installation instructions or engineer's specifications. 2. All tie down leads must be a minimum of 3/16" galvanized or stainless steel cable or a minimum of 3/8" true nylon rope, (not polyethylene, polypropylene or polyester) or sized as per manufacturer's installation instructions or engineer's specifications. 3. It is forbidden to use concrete blocks or weights of any kind as a method of tie down, because attaching weight or other moveable objects to canopies /temporary carports and tents /gazebos can cause those weights to be catapulted by wind lift. c. Canopies /temporary carports shall be located in the driveway, immediately parallel to the driveway, in the side yard or back yard, but at no time shall they extend over the property line or into the public right -of -way. There shall be a limit of one such canopy /temporary structure in the front setback/front yard area and shall be as far from the front property line /street as the yard size or driveway permits. This location must not cause a safety problem. No enclosing or side tarps will be allowed in the front setback/front yard area. d. Tarps /tops of temporary structures shall be removed during hurricane warning conditions. e. Use of such canopies within the front setback/front yard, shall be limited to cover automobiles, watercraft, watercraft trailers, motor homes, trailers, recreational vehicle trailers, campers and other motorized vehicles. Rev 06/15/09 (LandDevelopmentCode) III -27 21 -36.10 — Swimming Pools a. Definitions As used in this Article, the following terms shall have the respective meanings ascribed to them: Residential swimming pool: Any swimming pool used or intended to be used solely by the owner, operator or lessee thereof and his family, and by guests invited to use it without charge or payment of any fee. Swimming Pool: A body of water in an artificial or semi - public or private swimming setting or other water - related recreational activity intended for the use and enjoyment by adults and/or children, whether or not any charge or fee is imposed upon such adults or children, operated and maintained by any person, and shall include all structures, appurtenances, equipment, appliances and other facilities appurtenant to and intended for the operation and maintenance of a swimming pool. This definition shall include whirlpools, spas, and hot tubs unless separately identified and shall exclude 110 -volt plug -in Jacuzzi/hot tubs. Wading pool: Any pool with a surface area of less than two hundred fifty (250) square feet and less than twenty-four (24) inches in depth at any point. Wading pools shall not be required to comply with this Article. b. Permit — Application; plans and specifications 1. Application: Before the erection, construction or alteration of any swimming pool has begun, an application for a permit shall be submitted to the Building Official for approval. 2. Plans and specifications: The application shall be accompanied by two (2) sets of full and complete plans and specifications of the pool, including a survey of the lot showing distance between buildings or structures and the distance from all property lines. Plans must show method of compliance with the Pool Safety Act, F.S. 515. C. Structural Requirements 1. General: All swimming pools whether constructed of reinforced concrete, pneumatic concrete, steel, plastic or others, shall be designed and constructed in accordance with the requirements of the Florida Building Code, 424 and accepted engineering principles. d. Location 1. Front yard and side corner yard swimming pools are prohibited. Rev 06/15/09 (LandDevelopmentCode) III -28 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 All swimming pools, unless entirely screened in, shall be completely enclosed with a fence or wall at least four feet (4') high, and so constructed as to not be readily climbable by small children. All gates or doors providing access to the pool area shall be equipped with a self - closing and self - latching device installed on the pool side for keeping the gates or doors securely closed at all times when the pool area is not in actual use, except that the door of any dwelling which forms a part of the enclosure need not be so equipped, per Child Safety Act, F.S. 515. 2. All whirlpools, spas or hot tubs unless entirely screened in or equipped with a lock down cover shall be completely enclosed with a fence or wall at least four feet (4') high and so constructed as to not be readily climbable by small children, and comply with the Child Safety Act, F.S. 515. f. Filtration and recirculation system All swimming pools shall be equipped with a filtering and recirculation system and such systems shall be compliant with all applicable requirements as set forth by the American National Standards Institute. g. Electrical wiring All electrical wiring must comply with the National Electrical Code (NEC). h. Plumbing When plumbing is connected to City service for water supply, all plumbing shall be in strict accordance with the local plumbing code. When water is supplied from sources other than City connected service to family pools, then plastic pipe stamped and approved one hundred (100) by an ASTM laboratory may be accepted, if inspected and approved by a licensed plumbing inspector. Discharge water Water being discharged from the pool or from the back flushing of the filtering system may be discharged to a storm sewer, dry well, seepage pit, or through an irrigation system or other approved method by the City. Discharge water may not be discharged into a sanitary or combined sewer. Rev 06/15/09 (LandDevelopmentCode) I1I -29 j. Rim height The overflow rim of all swimming pools shall be a minimum grade above surrounding ground level and in all cases sufficiently high enough to prevent groundwater from flowing into the pool. k. Walkway A walkway of concrete or other approved materials shall surround all swimming pools from the overflow rim outward a distance of three feet (3') for at least two- thirds (2/3) of the pool perimeter and shall be so designed that water cannot drain from the walkway into the pool. n. Overflow Skimmer A beam overflow skimmer shall be required and be designed so that debris caught in it will not be washed back into the pool by water movements. SECTION 21 -37 — SPECIAL ACTIVITY/PERMIT REQUIREMENTS 21- 37.01— Purpose /Scope To establish policies and procedures pertaining to special activities, including but not limited to, outdoor entertainment, to ensure compliance with all applicable City, County and State requirements. A special activity permit will be required of all special activities held within the City of Edgewater. 21 -37.02 — Definitions Charitable event /activity — is an event/activity or cause sponsored by a business or non - profit organization for the purpose of soliciting aid, assistance or contributions for benevolent purposes. To qualify as a charitable event/activity; all profits (net difference of gross revenues less expenses) must be given to the charitable cause for which the charitable event/activity was organized. For purposes of this definition, a charitable event/activity can not exceed one (1) day. Each charitable event/activity permit application shall adhere to the special activity permitting process as defined in Section 21- 37.04. For the purposes of this definition, a charitable event/activity does not include an event/activity with the primary purpose of carrying on propaganda or otherwise attempting to influence legislation, and does not include an event/activity with the primary purpose of raising funds or 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. Rev 06/15/09 (LandDevelopmentCode) III -30 Community activity - activities which take place on City owned or controlled property in which the general public is invited to participate. Live entertainment - entertainment in the form of music, singing, speaking or similar activities that are enhanced by amplification equipment. This includes bands, concerts, performances, karaoke and disk jockey functions. Outdoor entertainment — entertainment in the form of music, singing, speaking and similar activities, amplified or non - amplified that is located outside of or partially outside of the area of the sponsoring property permitted for normal retail sales or services. Private business - any business enterprise operating for the purpose of creating a profit. Special activity — any public or private activity held within the City of Edgewater in which it can be reasonably anticipated that the number of persons attending the activity will exceed the on- site parking, seating or sanitary facilities available at the premises upon which activity will take place and that services will be required beyond that which are regularly provided by the City such as additional traffic control, crowd control, fire and/or emergency services, street closures, cleanup or other municipal services. Special activity permit — a permit issued by the City Council to authorize a special activity. Sponsor /promoter — any person, group or entity ultimately responsible in full or part for producing, operating, sponsoring or maintaining a special activity. 21 -37.03 — Special Activity Permit Requirements 1. The uses authorized by a Special Activity Permit are temporary and all permitted improvements shall be removed within five (5) days of the completion of the special activity. 2. The number of special activities at any given location or address shall not exceed: a. One 10 -day period and two 1 -day charitable events /activity between the period of January 1 St through June 30 and b. One 10 -day period and two 1 -day charitable events /activity between the period of July 1St through December 31 St 3. Outdoor entertainment/amplified sound in conjunction with a special activity shall be permitted only between the times of 1:00 p.m. to 9:00 p.m. 21 -37.04 — Special Activity Permit Application Process a. A special activity permit will be required for each special activity held within the City of Edgewater. Rev 06/15/09 (LandDevelopmentCode) III -31 b. A special activity permit application must be completed and submitted to the Development Services Department for review by City staff at least 60 -days in advance of the activity. The application must include specific dates and times of the planned activity (including set up and demobilization), number and types of vendors, types and hours of entertainment, specific parking layouts, quantity and number of sanitary facilities. If the application is for a charitable event/activity, sufficient information (financial, medical and/or socio- economic) must be provided for a clear determination that the event meets the criteria of a charitable event/activity. Hours for outdoor entertainment/amplified sound are described in Section 21- 37.03 of this Article. c. The completed special activity permit application and staff comments will be provided to the City Council for review and consideration at the next regularly scheduled meeting. City staff will notify affected property owners within 500 -feet of the site requesting the special activity permit and the date and time of the City Council meeting in which the application will be reviewed. The applicant shall provide names and addresses of each affected property owner, obtained from the Volusia County Property Appraiser's office. 21 -37.05 — Special Activity Permit Criteria a. The proposed activity will not result in unsafe ingress /egress for either pedestrians or vehicles. b. The proposed activity shall comply with the appropriate Florida Fire Prevention Codes conditions. The proposed activity shall comply with the City's Land Development Code and noise ordinance conditions. d. The proposed activity will direct on -site lighting away from adjacent parcels and roadways. e. The proposed activity shall have adequate sanitary facilities. f. The applicant shall post a bond or provide insurance in the amount of $200,000 to hold the City harmless of any and all liabilities. g. The City Council may add other conditions to protect the health, safety and welfare of the residents. 21 -37.06 — Temporary Structures It shall be the responsibility of the applicant of the special activity permit to ensure the structural integrity of all temporary structures erected for special activities. The structures are to be safe, structurally sound and of adequate capacity to service the number of persons proposed to use the structure and must be removed with five (5) days of completion of the special activity. The Building Official and Fire Marshall shall verify such compliance is obtained. Rev 06/15/09 (LandDevelopmentCode) III -32 21 -37.07 — Inspections to Ensure Compliance The City shall provide scheduled and unscheduled inspections prior to and/or during the special activity by police, fire, code compliance, building and/or City administration representatives to monitor and ensure compliance with all applicable City, County and State codes. Special activity permits that include outdoor entertainment may require a code compliance officer to remain on site during the activity. The cost of said officer shall be reimbursed to the City by the sponsor /promoter. Appropriate State agencies are responsible for the inspection of amusement rides and public food preparation facilities. 21 -37.08 — Penalties Any person or entity who shall conduct, operate or maintain a special activity and fails to obtain a special activity permit shall be ordered to cease and desist and be punished by a fine of three times the cost of the application fee as well as all associated City fees. No further special activities shall be authorized until all penalties are current. A repeat offender shall not be eligible for a special activity permit for a one -year period. A repeat offender is defined as a sponsor /promoter who violates any of the conditions of the special activity permit more than one time in a six -month period. 21 -37.09 — Exceptions Any special activity sponsored/promoted by a civic group or non - profit organization or co- sponsored by the City of Edgewater may be exempt from any and all fee requirements. This decision shall be rendered by the City Council and any waiver granted regarding these requirements is only binding and applicable upon that one activity or portion thereof and shall not mean that the sponsor /promoter has any rights to future waivers. SECTION 21 -38 — FENCES, WALLS and HEDGES 21- 38.01— Purpose The purpose of this Section is to set forth the standards necessary to regulate the use of fences. 21 -38.02 — General Requirements The following regulations shall apply to the erection of fences, walls and hedges. a. All fencing materials must comply with the definition in Article II. b. All fences shall comply with the provisions of the applicable building codes. c. Fences may be located in all front, side and rear yard setback areas and directly on property lines, provided that if a fence encroaches into a utility access easement or right -of -way, the City shall not be responsible. Rev 06/15/09 (LandDevelopmentCode) III -33 d. The maximum allowable height of all fences located in the front yard setbacks and river front lots of residential property not subject to site plan review shall be four feet (4'). Fences located in these areas must be non - opaque (50% visibility). The maximum allowable height of all other fences in residential areas shall be six feet (6') including side 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. Electric or electrified fences shall be prohibited except in agriculturally zoned districts for the containment of livestock. j. Customary fencing around public recreational amenities shall be exempt from height restrictions. k. Opaque fencing shall not be permitted on lots fronting on large lakes, rivers, golf courses or other common areas deemed as an aesthetic amenity. 1. Fences shall conform to the "site - triangle" requirements as set forth below: Rev 06/15/09 (LandDevelopmentCode) III -34 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 '/2') to ten feet (10') above the intersecting street right -of -way lines. The site triangle shall be measured fifty feet (50') in each direction from the intersecting right -of -way lines. These regulations may also apply in commercial ingress and egress driveway areas if the TRC determines that a safety hazard may exist. (See Site Triangle Diagram on the following page) Rev 06/15/09 (LandDevelopmentCode) I11 -35 Rev 06/15/09 (LandDevelopmentCode) II1 -36 ARTICLE V SITE DESIGN CRITERIA SECTION 21 -50 - GENERAL PROVISIONS ...................................... ............................... V -1 21 -50.01 - Purpose ................................................................................... ............................... V -1 21 -50.02 - Minimum Site Dimensions ....................................................... ............................V -1 SECTION 21 -51 - UTILITIES --------------------------------------------------------------------- - - - - -- v -d 21 -51.01 -Comprehensive Plan Reference ................................................ ............................V -4 21 -51.02 - General Requirements ............................................................ ............................... V -4 21 -51.03 - Utility Easements ................................................................... ............................... V -5 SECTION 21 -52 - VEHICLE/PEDESTRIAN CIRCULATION REQUIREMENTS...... V -5 21 -52.01 - Comprehensive Plan Reference ................................................ ............................V -5 21 -52.02 - Access/Driveways .................................................................. ............................... V -6 21 -52.03 - Drive -Up Facilities Standards ................................................... ............................V -7 21 -52.04 - Sidewalks .................................................................................. ............................V -8 21 -52.05 - Street Design Standards ............................................................ ............................V -8 21 -52.06 - Public Recreation ..................................................................... ...........................V -11 SECTION 21 -53 - STORMWATER MANAGEMENT REQUIREMENTS .................. V -13 21 -53.01 - Comprehensive Plan Reference ............................................... ...........................V -13 21 -53.02 - Permit Authority ...................................................................... ...........................V -13 21 -53.03 - Exemptions to Permit Requirements ....................................... ...........................V -14 21 -53.04 - General Design Standards .................................................... ............................... V -14 21 -53.05 - Site Attenuation Standards ....................................................... ...........................V -16 21 -53.06 - Positive Outfall Standards ........................................................ ...........................V -16 21 -53.07 - Shoreline Protection Standards ................................................ ...........................V -18 21 -53.08 - System Maintenance Standards ............................................... ...........................V -19 21 -53.09 - Stormwater Permit Application ............................................... ...........................V -19 21 -53.10 - Plan Adherence ........................................................................ ...........................V -20 21 -53.11 -Enforcement ............................................................................. ...........................V -20 SECTION 21 -54 - LANDSCAPING REQUIREMENTS ................... ............................... V -21 21 -54.01 - Comprehensive Plan Reference ............................................... ...........................V -21 21 -54.02 - Installation Standards ............................................................... ...........................V -21 21 -54.03 - Parking Lot Landscaping Requirements .................................. ...........................V -22 21 -54.04 - Buffer Yard Determination Process ......................................... ...........................V -23 21 -54.05 - Buffer Yard Installation Standards ........................................... ...........................V -25 SECTION 21 -55 - TREE PROTECTION REQUIREMENTS ......... ............................... V -26 21 -55.01 - Comprehensive Plan Reference ........................................... ............................... V -26 Rev. 06/15/09 (Land Development Code) 21 -55.02 - Tree Removal Permit ........................................................... ............................... V -26 21 -55.03 - Tree Removal Permit Standards .............................................. ...........................V -27 21 -55.04 - Exemptions .............................................................................. ...........................V -28 21 -55.05 - Historic Trees ........................................................................... ...........................V -28 21 -55.06 - Specimen Trees ........................................................................ ...........................V -29 21 -55.07 - Historic and Specimen Tree Protection Requirements ............ ...........................V -29 21 -55.08 - Area Tree Protection Requirements ......................................... ...........................V -30 21 -55.09 - Installation Requirements ........................................................ ...........................V -30 21 -55.10 - Enforcement ............................................................................. ...........................V -31 SECTION 21 -57-56 PARKING AND LOADING REQUIREMENTS ........................... V -36 21-3-7 56.01 - Comprehensive Plan Reference .......................................... ...........................V -36 213-7 56.02 - Off - Street Parking Standards .............................................. ...........................V -36 213-7 56.03 - Handicapped Parking Standards ......................................... ...........................V-41 21-5 -7 56.04 - Joint Parking Use Agreements ........................ ............................... 21-5-7 56.05 - Loading Berth Standards ..................................................... ...........................V -41 SECTION 21-55 57 - PLANNED UNIT DEVELOPMENT DESIGN CRITERIA........ V -43 21-38 57.01 - Comprehensive Plan Reference .......................................... ...........................V -43 21-58 57.02 - Residential Planned Unit Development ( RPUD) ................ ...........................V -43 213$ -57.03 - Business Planned Unit Development ( BPUD) .................... ...........................V -44 21-5$ 57.04 - Industrial Planned Unit Development (IPUD) .................... ...........................V -45 Article V -ii- Rev. 06/15/09 (Land Development Code) 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 Corridor Design Regulations, which are incorporated as Article XVIII in this Land Development Code. Requirements contained in Article XVIII, Indian River Boulevard Corridor Design regulations, are applicable to properties within the Overlay and include site design and architectural design criteria that supercede the requirements set forth in this Article. Properties located within the Indian River Boulevard Corridor Overlay must adhere to the design regulations contained in the Indian River Boulevard Corridor Overlay Design regulations. A copy of these regulations and illustrations for design is available for purchase at City Hall. It is the Developer's responsibility to obtain a copy of the regulations for the Overlay 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). Rev. 06 /15 /09(LandDevelopmentCode) V -1 rl O >z L Q �I C^ W L Q N Z z N M N O O z z z z °- z z z z z z z R cv ro � ID cd vi 1' v v a f E E 0J ° bD Y 72 72 u e Q O. > z z a0 i0 b T CG ro O O #a O OE o L a 7 m m m > > x w vst,�.. 00 F t to 'G o m 5 tn ¢ Q ? Q Ru> V z 7 N M O M O M Cl M M z z z o 0 0 o Q o O ZD �7 N Q U w C4 CG a C4 CG cL x ,; ..° CO C6 CO m x em f -. N 0 0 0 N I N w O O O N N Q Q O O h Q M M C ^ z N It M N N N V z z .. O N �/l N p z F y `� i O N O N G p L O ¢ O O O O O 7 M Q Qj O O Z, y z ry = Q Q Q Q O :. z z z z z z F � s 00 ¢ ¢ CD 0 0 z Z z ,Z O W O .M^i .... h z z N O z z O z z :' -_:! is O z z z z z z 1 4. 00 a,,•8, � V O O ti W �j3w- N 'C7 O U bq O al a > X [] (1) n C C = eq O Y O C O O O cn 04 R cv ro � ID cd vi 1' v v a f E E Y 72 72 u e T T CG ro O O #a O OE o L a 7 m m m > > x w vst,�.. 00 F t to 'G o m 5 to O V z In F^ 0 - "' '"' N ri � 0. 0. Z S , "'k N M 6. .. �'.' =, �j ZD �7 N Q U w C4 CG a C4 CG cL x ,; ..° CO C6 CO m N 'C7 O U bq O al a > X [] (1) n C C = eq O Y O C O O O cn 04 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) 50 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) Modular homes permitted in these districts only. (9) Abandoned/non- developed streets in Florida Shores require a ten (10) feet side corner setback. (10) 3 or more units shall comply with density and other requirements for site plan approval. (11) Side corner lots shall have two (2) side yard setbacks, no rear. (12) Side corner setbacks shall be the same as front yard. (13) Minimum lot square footage shall be calculated based on the minimum lot width, minimum lot depth, and/or uplands area. (14) All properties located on SR 442 shall have a forty foot (40') setback from the new right -of- way lines. (15) Single family or duplex uses in the R -4 and R -5 district shall have a minimum lot size of 75 feet by 115 feet. (16) 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. Rev. 06 /15 /09(LandDevelopmentCode) V -3 SECTION 21 -51 - UTILITIES 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. New package plants and/or on -site treatment systems (septic tanks) are prohibited. 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 preventors. 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. The developer shall obtain approved plans from appropriate electrical utility provider for 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. All utility transmission lines in a new subdivision shall be installed underground. 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. Rev. 06 /15 /09(LandDevelopmentCode) V4 Valves shall be spaced at a maximum of 1,000 feet along all water mains. M. 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 250 feet. p. Fire hydrants shall be installed only on a water main of six (6) inch and larger. 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 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 forth are intended to provide legal access to all parcels of land or development within the City and to control vehicular movements thereof to facilitate safe vehicle and pedestrian patterns. Rev. 06 /15 /09(LandDevelopmentCode) V -5 21 -52.02 - Access/Driveways 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. No driveway shall be located or relocated closer than six hundred sixty feet (660') to an intersection on an arterial roadway (US 1, SR 442) and three hundred thirty feet (330') on major collector roadways (Park Avenue, Airpark Road, Old Mission Road, Roberts Road, Volco Road). 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: 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 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. Non - residential land uses or developments (including parking lots) shall not connect to, have access to or primarily use any local residential street, unless: Rev. 06 /15 /09(LandDevelopmentCode) v -6 I . 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. 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'). Rev. 06 /15 /09(LandDevelopmentCode) V -7 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 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 (Technical Review Committee). 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. 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 Rev. 06/15/09 (LandDevelopmentCode) V -8 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 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. Rev. 06/15/09 (LandDevelopmentCode) V -9 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. 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 -1 or S -11I 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. Rev. 06/15/09 (LandDevelopmentCode) V -10 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 maybe 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 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. Trajjz'c Analysis- A traffic analysis is required for any new development/redevelopment project that may produce 500 or more new average daily trips. The analysis shall provide turning movements, trip distribution and provide concurrency information. g. 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 Rev. 06/15/09 (LandDevelopmentCode) V -11 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 oj) land conveyance. I. 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 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: 1. 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 Rev. 06/15/09 (LandDevelopmentCode) V -12 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. 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/or the St. Johns River Water Management District (SJRWMD) as provided herein. It is the intent of the City to accept stormwater permits issued by the SJRWMD in lieu of a City required permit. 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: Rev. 06/15/09 (LandDevelopmentCode) V -13 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: 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 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. The total impervious surface per 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 Rev. 06/15/09 (LandDevelopmentCode) V -14 be used in the stormwater designs described herein. However, the City Engineer may authorize the use of alternative methodology if similar results are produced. b. Three (3) copies of the stormwater calculations prepared by a licensed professional engineer shall be submitted for all proposed development permits not requiring a SJRWMD permit. 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. 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 shall be used. f. Other alternative methods, such as wet detention with controlled bleed down, are acceptable at the discretion of the City Engineer, provided a permit from the SJRWMD is obtained. g. All project areas greater than one quarter (1/4) acre shall also calculate the retention volume based upon the runoff generated from the first one inch (I") of rainfall and be calculated as the total percentage of impervious surface, including pond surface area, multiplied by one inch of rainfall. If the runoff depth does not exceed one half -inch, one -half inch shall be used as the runoff value. h. The use of filtration systems is not permitted. If no other stormwater treatment method is available, the TRC may approve the use of filtration systems (underdrain or exfiltration) and shall require a minimum of two (2) soil borings that detail soil profile, seasonal high water table and any pertinent percolation rates at the filter site location by a certified geotechnical engineer registered in the State of Florida. i. All projects that qualify for SJRWMD Surface Water Management Permits pursuant to Chapter 40C -42, FAC shall provide copies of the permit application and calculations to the Development Services Department as part of the site review process. Final District approval shall be granted prior to issuance of Development Order or any construction permits. 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 as part of the site review process. Two (2) copies of the Erosion & Sediment Control Plan shall be submitted. Rev. 06/15/09 (LandDevelopmentCode) V -15 k. The post- development discharge rate and volumes shall not exceed the pre- development rates in a 100 year /3 day storm event for land - locked basins and 25 year /24 hour storm event for a positive outfall basin. All rainfall amounts shall be interpolated from the hydrograph contour in the latest version of TR- 55 for the particular area of the City. M. The peak discharge rate from a developed or redeveloped site shall not exceed 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 40C42, F.A.C. (or current chapters). Plans and computations shall be signed, sealed and dated with a readable signature. 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 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: 1. Redirection of water will help mitigate downstream flooding problems. 2. Land receiving new upstream discharge demonstrates the capability to handle Rev. 06/15/09 (LandDevelopmentCode) V -16 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. FLR04EO16. 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. FLR04EO 16 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 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. Rev. 06/15/09 (LandDevelopmentCode) V -17 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 1. Discharges from potable water sources m. Air conditioning condensate n. Springs o. Individual residential car washing p. Flows from riparian habitat and wetlands q. Discharges or flows from emergency fire fighting activities and emergency response activities done in accordance with an adopted spill /response action plan. 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 Rev. 06/15/09 (LandDevelopmentCode) V -18 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. 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 Rev. 06/15/09 (LandDevelopmentCode) V -19 shall be readable with a minimum scale of one -inch (I") 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 In addition to the code enforcement remedies described in Article X, the City Engineer or the City Manager (or his designee) is authorized to: a. Issue written notice to the applicant specifying the nature and location of the alleged noncompliance with a description to bring into compliance within a reasonable specified time; and/or b. Authorize the issuance of a stop -work order directing the applicant or person in possession to cease and desist all or any portion of the work that violates the provisions of this Section if the remedial work is not completed within the specified time. Rev. 06/15/09 (LandDevelopmentCode) V -20 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. 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 (3') 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. Rev. 06/15/09 (LandDevelopmentCode) V -21 g. Landscaped areas required by this Section shall not use either the trees listed in Table V -6 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 Tetrapanex papyriferus Rosewood Dalbergia sissoo Taro Colocasia esculenta Water Hyacinth Eichhornia spp. Cogongrass Im erata cylindrical Tropical Soda Apple Solanum viarum Catclaw mimosa Mimosa pigra Old World climbing fern Lygodiurn 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. Rev. 06/15/09 (LandDevelopmentCode) V -22 d. Parking lots shall have a minimum of a ten foot (10') landscape area abutting the stalls unless abutting sidewalks. 21 -54.04 - Buffer Yard Determination Process The City shall utilize a matrix to determine buffer requirements. a. Determine the type of proposed use. b. Identify the type(s) of uses adjacent to the proposed site, except the side adjacent to a public roadway. C. Identify the use intensity classification from Table V -3, i.e., Class I, II, III, IV, V or VI. d. Determine the buffer yard classification from Table V -4, i.e., A, B, C or D. For example, a Class III land use adjacent to a Class II land use requires a B buffer yard. e. Select the desired buffer yard components for each perimeter of the site from the B buffer yard options in Table V -5. For example, a project needing a B buffer yard has the following options to meet the buffer yard requirement: 1. Install a 35 foot wide buffer yard with 24 plants per 100 linear feet and one tree for each 1500 sq. ft. of lot area and no wall (e.g. 200 -foot wide lot = 48 shrubs /five (5) trees); or 2. Install a 20 foot wide buffer yard with 32 plants per 100 linear feet and one tree per 1500 sq. ft. of lot area and a 6 foot high masonry wall (e.g. 200 -foot wide lot = 64 shrubs /three (3) trees); or 3. Install a 15 foot wide buffer yard with 40 plants per 100 linear feet and one tree per 1500 sq. ft. of lot area and a 6 -foot high masonry wall (e.g. 200 -foot wide lot = 80 shrubs / two (2) trees). f. Where walls are selected, they shall be inside the buffer area with plantings on the outside. g. A project could have different buffer yard requirements for the rear and each side depending upon the adjacent uses. h. The buffer yard plan shall be included in the landscaping plan. i. Planting of trees in buffer areas may satisfy the total number to meet the one tree per 1,500 square feet of lot area requirements. Rev. 06/15/09 (LandDevelopmentCode) V -23 TABLE V -3 USE INTENSITY CLASSIFICATION Class I Class II Class III Class IV Class V Class VI Single Townhouses Day Care - Restaurant Places of I Family III Children or Adults V Assembly Class I Duplex Community Manufactured Bars, Lodges Outdoor Outdoor Storage Class II Residential Home Subdivisions B Recreation C D Homes B B A A Multifamily Multifamily Professional Schools - Public Warehouse & Body Shops Dwellings Dwellings Offices Private No spec. Distribution Auto less than 4 N/A N/A N/A Class VI Service /Repair units A A N/A N/A Machine Shops Institutional Automobile Sales I -1 Uses Not I -2 Uses Not Residential Specified Specified Homes Nursing Retail - Not BPUD uses not IPUD uses not Homes /ALF's Specified specified specified Bed & Personal Service Indoor Recreation Breakfast Establishments Places of Worship Hotels & Motels RPUD Medical, Dental & Shopping Centers Veterinary Clinics Theaters Mini- warehouse B -3 & B -4 Uses Not Specified Marinas/Fish Camps TABLE V -4 BUFFER YARD CLASSIFICATIONS Adjacent (Existing) Use Intensity Class Proposed Use Intensity Class From Table V -3 From Table V -8 O il I II III IV V VI Class I N/A A B C C D Class II A A B C C D Class III B B A A A A Class IV C C A N/A N/A A Class V C C A N/A N/A N/A Class VI D D A A N/A N/A Rev. 06/15/09 (LandDevelopmentCode) V -24 TABLE V- 5 BUFFER YARD PLANTING OPTIONS Table V -4 Buffer Class Min. Buffer Yard Width Ft. Plants/ 100 Ft. Req. Screening Req. Trees Class A 20 20 None (1) 15 27.5 None (1) 10 37.5 None (1) Class B 35 24 None (1) 20 32 (2) (1) 15 40 (2) (1) Class C 50 30 None (1) 40 40 (2) (1) 30 50 (2) (1) Class D 70 36 (2) (1) 50 48 (2) (1) 40 60 (2) (1) (1) One tree per 1500 sq. ft. of buffer yard. (2) 6 foot masonry wall (inside buffer) plus required plantings and trees (outside of wall) unless part of an approved Master Development Plan. 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. 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. Rev. 06/15/09 (LandDevelopmentCode) V -25 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 specimen trees of six inches (6 ") DBH (diameter at breast height measured 4 '/2 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 is an insufficient number of trees left on the lot. b. Replacement trees shall be a minimum of 2 ' / 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 may be removed without a tree permit and shall be prohibited from use in landscaping areas. Rev. 06/15/09 (LandDevelopmentCode) V -26 TABLE V -6 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 utilize the provisions of the Tree Protection Manual For Builders and Developers published by the Florida Department of Agriculture and Consumer Services Division and 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: Rev. 06/15/09 (LandDevelopmentCode) V -27 I . 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 (I") diameter to one inch (I") diameter of replacement trees, or 3. Require the payment of money per Section 21 -311 equivalent to the replacement cost of the replacement trees. 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: 1. 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. Rev. 06/15/09 (LandDevelopmentCode) V -28 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 Juniperus 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/Hackberry Celtis laevigata 12 Plus Slash Pine Pinus elliottii 18 Plus Longleaf Pine 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 a licensed Surveyor or Arborist, locating all Specimen and Historic Trees. Rev. 06/15/09 (LandDevelopmentCode) V -29 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, Rev. 06/15/09 (LandDevelopmentCode) V -30 replacement trees shall be provided per Section 21- 55.02(b). C. 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: 1. Allow up to a forty percent (40 %) 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 Il to be counted in minimum requirements. 21 -55.10 - Enforcement a. The Development Services Director, Building Official 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. Rev. 06/15/09 (LandDevelopmentCode) V -31 ...... ......... - Imp Iwo M N Rev. 06/15/09 (LandDevelopmentCode) V -31 ...... ......... - Imp Iwo Rev. 06/15/09 (LandDevelopmentCode) V -31 "I Ennngn 11 11111101 in Fruper.o� mw "I Rev. 06/15/09 (LandDevelopmentCode) V -32 mw 'mail w; I . ...... Rev. 06/15/09 (LandDevelopmentCode) V -32 mw Rev. 06/15/09 (LandDevelopmentCode) V -32 Rev. 06/15/09 (LandDevelopmentCode) V -33 71- m -;,� PRO lcwr. WA mw 1 0110 , TrpTr. Rev. 06/15/09 (LandDevelopmentCode) V -33 71- m -;,� WA 1 0110 , TrpTr. Rev. 06/15/09 (LandDevelopmentCode) V -33 71- m -;,� Rev. 06/15/09 (LandDevelopmentCode) V -33 Rev. 06/15/09 (LandDevelopmentCode) V -34 MR • , •. • :• •. .. Rev. 06/15/09 (LandDevelopmentCode) V -34 MR • , • Rev. 06/15/09 (LandDevelopmentCode) V -34 • , • •. .. Mom W. - M Nif W.Mgm MEN Rev. 06/15/09 (LandDevelopmentCode) V -34 • , • Rev. 06/15/09 (LandDevelopmentCode) V -34 b. if the Board detefmines that the eendition as deser-ibed in the fietiee ef violation did not exis at the time the netiee was issued, then the notiee ef vielation shall be deemed of ne ftH4he II�IMII MTM 1 I I I .. Wi b. if the Board detefmines that the eendition as deser-ibed in the fietiee ef violation did not exis at the time the netiee was issued, then the notiee ef vielation shall be deemed of ne ftH4he Pml LAAAAMAL Rev. 06/15/09 (LandDevelopmentCode) V -35 qL Pml LAAAAMAL Rev. 06/15/09 (LandDevelopmentCode) V -35 MM SECTION 21 -57-56 PARKING AND LOADING REQUIREMENTS 21- 57-56.01 - 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 Corridor Overlay are also subject to the regulations contained in Article XVIII for parking and loading design layout. 21-57 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 Rev. 06/15/09 (LandDevelopmentCode) V -36 run - - au ;lz MM SECTION 21 -57-56 PARKING AND LOADING REQUIREMENTS 21- 57-56.01 - 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 Corridor Overlay are also subject to the regulations contained in Article XVIII for parking and loading design layout. 21-57 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 Rev. 06/15/09 (LandDevelopmentCode) V -36 intended to serve, unless a joint parking area agreement is executed as described in Section 21.57.04. 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 (20 %). d. The parking lot design standards are depicted in Table V -7 and Figure V -7A. 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' 10 1 * 10' Space Depth - C 18' 18' 19' 20' 20'* 22' Landscape Area - D 10' 10' 10' 10' 10' 10' Aisle Width - E 13' 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. Rev. 06/15/09 (LandDevelopmentCode) V -37 FIGURE V - 7A ID 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 'h 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. 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. Rev. 06/15/09 (LandDevelopmentCode) V -38 E 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 'h 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. 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. Rev. 06/15/09 (LandDevelopmentCode) V -38 M. 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 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 Rev. 06/15/09 (LandDevelopmentCode) V -39 TABLE V -8 OFF - STREET PARKING REQUIREMENTS 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 I per employee Assembly Places w/o Fixed Seats 1 40 SFGFA of main assembly area space Auto Sales 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 1 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 I I Employee plus a 5 space drop area plus per 25 students Restaurants /Bars /Lodges 1 I 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 750 SFGFA Health/Fitness I 150 SFGFA HoteUMotel 1 I each bedroom unit plus per 2 employees Lab /Research Facilities I 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 I 2 Each employee plus Examination rooms Mini - warehouse 1 Per office Residential, InstitutionaUMulti- Family 1.5 Unit plus 5% for visitors Personal Service Not specified I 300 SFGFA Pool HaIUBilliards 2 I per pool table plus employee Professional Offices I 250 SFGFA Recreation - Outdoor - Indoor I 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 10 Seats Warehouse, Storage & Similar I 1000 SFGFA *Auto Sales to have display parking requirements of 8'x 16' all other parking 10' x 20' Notes: SFGFA = Square Feet of Gross Floor Area, i.e., the total floor area inside the outside walls of the structure(s). Rev. 06/15/09 (LandDevelopmentCode) V -40 21-57- 56.03 - Handicapped Parking Standards a. Development must meet Florida Accessibility Codes. 21 -5-7 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 -57 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. Rev. 06/15/09 (LandDevelopmentCode) V-41 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 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 Rev. 06/15/09 (LandDevelopmentCode) V-42 entering any other loading space and may not extend into any street. SECTION 21-58 57 - PLANNED UNIT DEVELOPMENT DESIGN CRITERIA 21-58. 57.01 - Comprehensive Plan Reference The provisions of Section 21 -58- 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. 21-58. 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: 1. 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 Rev. 06/15/09 (LandDevelopmentCode) V -43 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. 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. Commonlopen 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. 2148 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: 1. 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. Rev. 06/15/09 (LandDevelopmentCode) V-44 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 I1I, 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. 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; 5. Common/open space areas and their use including any resource protection areas as defined in Article N; 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- 55.57.04 - 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 Rev. 06/15/09 (LandDevelopmentCode) V45 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 Conceptual Development Plan shall include the following: I. 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. Rev. 06/15/09 (LandDevelopmentCode) V -46 ARTICLE X MIM DMIOU M K%WrLm ME U XMTM %xiff r - fi - TUNNEMS M b I I Mw" MOO no 6XV M u sult _A ------------------------ warm N P 'Irml SYMMA I NOW MU PIATAM WARM Pa M OL I MM IT . 61N .. Rev. 06/15/09 (Land Development Code) Article X -i- City aaavuu , Florida i - a WXl City aaavuu , Florida ��' �a its ::.tea•.: nrea:�a:o + +•r.•.�:i Rev 06 /15 /09(Land Development Code) X -1 WXl ��' �a its ::.tea•.: nrea:�a:o + +•r.•.�:i Rev 06 /15 /09(Land Development Code) X -1 T_ IL •L T ` ` rr 1} Ai• 1 � L i y 11 �I i � IY�'�•'I''�x IL L I 'I } ,- al r I Y �rF FZyIl,.J L�I[7.3 'Y VIC-- V. �r?l r 1 LI:J J'': •� rel yam_ J Ir'� ;4, yam.:}_• Y , t �y`• .'.� L � I� Irk - d � *r �'`'� I, ��5_}I� .ti►' ��rLr rNhl I I _ '•' }S f ;_ }r I � '-�' , tiTll- '1 •Yti�rr �l•� iFkl''� � _ •. rr II•f�a y I�Lfrl�,r ,};'�. , �Y�r "I C'{ r ti n rhti rr',r rPLh 5 ?r 5 I,u Jti`< ,til �a �tiL� 1��'� !!! it`Y=•+ rltll �-�I rt _ -{ I r. _ 1 j�31TI I•i� Ir -.,Yy .I o r J`; ' r `j'Sir�iR,r �4ri'Ir 4 jil `r� a j,I q f'y y 6Lr�: r•' AE -,rS , �. 'T 'rL {�� 5_i <r ''7{I .��Ir I . Lr r' r,_,S `` •''"'� ],�•.°• I'r� JI, � - 1 2-1r. I f 7 V a- 1� f� - f r y S• I� ''i��,•L� V t 1 = !II V.ir� �'• r '' I R i � � ,' ri + L a^� �IV i ^ , „fir_ yr A ' - le I 96 Y��1•�� 7 1�r'•,S� s � , I I Fllr * I ��,_ 'r-�'. '� ,y... J- ,I u , F 1 I I -• r rr 1 i _ ,1 1 �, F •L T ` ` rr 1} L I 'I } ,- al r I Y �rF FZyIl,.J L�I[7.3 'Y VIC-- V. �r?l r 1 LI:J J'': •� rel yam_ J Ir'� ;4, yam.:}_• Y , t �y`• .'.� L � I� Irk - d � *r �'`'� I, ��5_}I� .ti►' ��rLr rNhl I I _ '•' }S f ;_ }r I � '-�' , tiTll- '1 •Yti�rr �l•� iFkl''� � _ •. rr II•f�a y I�Lfrl�,r ,};'�. , �Y�r "I C'{ r ti n rhti rr',r rPLh 5 ?r 5 I,u Jti`< ,til �a �tiL� 1��'� !!! it`Y=•+ rltll �-�I rt _ -{ I r. _ 1 j�31TI I•i� Ir -.,Yy .I o r J`; ' r `j'Sir�iR,r �4ri'Ir 4 jil `r� a j,I q f'y y 6Lr�: r•' AE -,rS , �. 'T 'rL {�� 5_i <r ''7{I .��Ir I . Lr r' r,_,S `` •''"'� ],�•.°• I'r� JI, � - 1 2-1r. I f 7 V a- 1� f� - f r y S• I� ''i��,•L� V t 1 = !II V.ir� �'• r '' I R i � � ,' ri + L a^� �IV i ^ , „fir_ yr A ' - le I 96 Y��1•�� 7 1�r'•,S� s � , I I Fllr * I ��,_ 'r-�'. '� ,y... J- ,I u , F 1 I I -• r rr 1 i _ ,1 1 �, F ETPHROWN �1_MKXYl;.VMrr MR WA �ss`nT:�� • . a . WIN I .......... I . . . .. . . ............. _.M - - __i MANN r ffir9offl a . WIN I .......... I . . . .. . . ............. _.M - - __i a WIN Rev 06 /15 /09(Land Development Code) X -2 Rev 06 /15 /09(Land Development Code) X -3 MMMMIMM WIN NO Mun Tv- MEAN@ Rev 06 /15 /09(Land Development Code) X -3 MMMMIMM WIN NO Mun MEAN@ PA.- it Ir. Rev 06 /15 /09(Land Development Code) X -3 MMMMIMM WIN Rev 06 /15 /09(Land Development Code) X -3 MEAN@ PA.- Rev 06 /15 /09(Land Development Code) X -3 • Violations; Repent Violators; Gitat Rev 06 /15 /09(Land Development Code) X -4 NP al LLUMMALL.1 Rev 06 /15 /09(Land Development Code) X -4 NP Rev 06 /15 /09(Land Development Code) X -4 • Arm N • . •. • M r-R"Of F TAM 7"^* ...... . ...... Rev 06 /15 /09(Land Development Code) X -5 Arm N M r-R"Of F TAM 7"^* ...... . ...... Rev 06 /15 /09(Land Development Code) X -5 •. M r-R"Of F TAM 7"^* ...... . ...... Rev 06 /15 /09(Land Development Code) X -5 7 - r - -- r -------- -- ---- ---_-'__ _" »_..f this -- -" ......., ,,,.,.) 'Eir1' 2ii 7 - r - -- r -------- -- ---- ---_-'__ _" »_..f this -- -" ......., ,,,.,.) ,.v v,,. vivvu ... L 1 JurrX'U sher-iff- of the of the but state, be deemed pefsenal pr-opefty f sueh or-def exeept fef enfefeement A fine imposed shall not to be a eOU14 judgment purposes. aeepde until the vielatef eemes inte pufseant to this Seetien shall eentinue to is eemplianee ef until judgment r-ender-ed in a suit to f fine imposed to this Seetien in faver- City pufsuafit funs authefize the exeeution ef a satisfaetien lien ef the and the City Manager- may and release ef entef:ed pursuant te this Ar-tiele. Aftef XZZU f the City may autherize ef the lien aeemed intefest. Ne lien plus er-eated pursuant be fefeelesed on real that is hemestead IF te the Seetien pr-evisiens ef this Seetien may pr-epefty under- f 21 121-05 Classifleation of Violations and a Sehedule of Civil Fines, Penalties and/or Costs Rev 06/15/09(Land Development Code) X -7 XZZU IF rpm IN Rev 06/15/09(Land Development Code) X -7 MW • 01 li ma NO Mill ••. MEMMI"MIL • Imp NIPPON MW • 01 li ma NO Mill MW li ma Mill Rev 06 /15 /09(Land Development Code) X -8