2010-O-22ORDINANCE NO.2010-0-22
AN ORDINANCE OF THE CITY OF EDGEWATER,
FLORIDA, AMENDING CHAPTER 21 (LAND
DEVELOPMENT CODE), ARTICLE III (PERMITTED,
CONDITIONAL, ACCESSORY AND PROHIBITED USES),
SECTION 21-36.07 (BOAT DOCKS AND SLIPS);
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:
On July 10, 2000, City Council adopted Ordinance #2000-0-12 which enacted
Chapter 21 (Land Development Code) of the City of Edgewater Code of Ordinances.
2. September 11, 2006, Council adopted Ordinance #2006-0-27 which amended and
restated Chapter 21 (Land Development Code) in its entirety.
The modification of Section 21-36.07 (Boat Docks and Slips) will bring this
section into compliance with Article X (Boat Slip Allocations).
NOW, THEREFORE, BE IT ENACTED by the People of the City of
Edgewater, Florida:
PART A. AMENDING CHAPTER 21 (LAND DEVELOPMENT
CODE), ARTICLE III (PERMITTED, CONDITIONAL,
ACCESSORY AND PROHIBITED USES), SECTION 21-
36.07 (BOAT DOCKS AND SLIPS), OF THE CODE OF
ORDINANCES, CITY OF EDGEWATER, FLORIDA.
Amend Chapter 21 (Land Development Code) of the City of Edgewater, Florida by
amending Section 21-36.07 (Boat Docks and Slips) of Article III (Permitted, Conditional,
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#2010-0-22
Accessory and Prohibited Uses) of Chapter 21 (Land Development Code) as set forth in Exhibit
"A" 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ordinance, are hereby superseded by this ordinance to the extent of such conflict.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.
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PART F. ADOPTION.
After Motion to approve by Councilman Cooper and Second by Councilwoman Rhodes,
the vote on the first reading of this ordinance held on September 27, 2010, was as follows:
AYE NAY
Mayor Mike Thomas X
Councilwoman Debra J. Rogers ABSTAINED
Councilwoman Gigi Bennington X
Councilwoman Harriet B. Rhodes X
Councilman Ted Cooper X
After Motion to approve by and Second by
the vote on the second reading of this ordinance was as follows:
AYE NAY
Mayor Mike Thomas
Councilwoman Debra J. Rogers
Councilwoman Gigi Bennington
Councilwoman Harriet B. Rhodes
Councilman Ted Cooper
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#2010-0-22
PASSED AND DULY ADOPTED this 18th day of October, 2010.
ATTEST:
kcmpl-r k , �I I P Y
Bonnie. Wenzel
CITY COUNCIL OF THE
CITY OF EDG ATE FLORIDA
�: ce as
Mayor
Robin L. Matusic
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 18th day
legality by: Carolyn S. Ansay, Esquire of October, 2010 under Agenda Item No.
City Attorney 8_j2,
Doran, Sims, Wolfe, Ansay,
Kundid & Birch
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#2010-0-22
Exhibit "A"
ARTICLE III
(PERMITTED, CONDITIONAL, ACCESSORY AND PROHIBITED USES)
SECTION 21-36.07 (BOAT DOCKS AND SLIPS)
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#2010-0-22
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.
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 1II-3. Such outdoor storage or
Rev 09/13/10 (LandDevelopmentCode) 111-19
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 comer property line and five feet (5') from the interior side and
rear property line. Landscaping shall be installed in this area on any adjacent local street.
g. All display merchandise and related display equipment shall be removed at the close of
business each day. No outdoor display areas shall be permitted within required parking
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.
Rev 09/13/10 (LandDevelopmentCode) 111-20
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 (251)
of property used as residential.
b. Recreation areas associated with places of worship shall not use artificial site lighting at night
unless shielded from adjacent residential areas.
c. No recreational activity shall be located closer than 25 feet (25') to an adjacent parcel.
d. The front yard of a place of worship shall be on an arterial or collector roadway.
e. The building design for new construction shall be substantially similar to the design of the
existing structures. No portables, trailers or like buildings are permitted.
f Parking and service areas shall be located away from adjacent parcels.
21-36.06 — Boathouses
The following regulations shall apply to boathouses in all the R-1, R-2, R-3, R-4 and R-5
districts.
a. 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.
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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.
e. Eaeh lot of Feeerd with F�ntage along the Indian River shall be entitled te one (1) boat slip
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.
Rev 09/13/10 (LmdDevelopmentCode) III-22
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.
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 I10-volt
plug-in Jacuzzi/hot tubs.
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Wading pool: Any pool with a surface area of less than two hundred fifty (250) square
feet and less than twenty-four (24) inches in depth at any point. Wading pools shall not
be required to comply with this Article.
b. Permit — Application; plans and specifications
1. Application: Before the erection, construction or alteration of any swimming pool has
begun, an application for a permit shall be submitted to the Building Official for
approval.
2. Plans and specifications: The application shall be accompanied by two (2) sets of full
and complete plans and specifications of the pool, including a survey of the lot showing
distance between buildings or structures and the distance from all property lines. Plans
must show method of compliance with the Pool Safety Act, F.S. 515.
C. Structural Requirements
1. General: All swimming pools whether constructed of reinforced concrete, pneumatic
concrete, steel, plastic or others, shall be designed and constructed in accordance with the
requirements of the Florida Building Code, 424 and accepted engineering principles.
d. Location
1. Front yard and side comer yard swimming pools are prohibited.
2. No swimming pool shall he constructed closer than five (5) feet from any building
without engineering, nor within any easement or ten (10) feet from any property line,
unless a Development Agreement or P.U.D. Agreement is established for the property.
e. Enclosures
1. All swimming pools, unless entirely screened in, shall be completely enclosed with a
fence or wall at least four feet (4') high, and so constructed as to not be readily climbable
by small children. All gates or doors providing access to the pool area shall be equipped
with a self -closing and self -latching device installed on the pool side for keeping the
gates or doors securely closed at all times when the pool area is not in actual use, except
that the door of any dwelling which forms a part of the enclosure need not be so
equipped, per Child Safety Act, F.S. 515.
2. All whirlpools, spas or hot tubs unless entirely screened in or equipped with a lock down
cover shall be completely enclosed with a fence or wall at least four feet (4') high and so
constructed as to not be readily climbable by small children, and comply with the Child
Safety Act, F.S. 515.
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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.
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.
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 (Y) 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.
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