2003-O-03ORDINANCE NO.2003-0-03
AN ORDINANCE OF THE CITY OF EDGEWATER,
FLORIDA; AMENDING CHAPTER 21, (LAND
DEVELOPMENT CODE) IN IT'S ENTIRETY; PROVIDING
FOR CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE,
ADOPTION AND CODIFICATION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
WHEREAS, Chapter 163.3202, Florida Statutes requires adoption of a unified Land
Development Code which contains all regulations related to the development of land in the City; and
WHEREAS, on July 10, 2000, City Council adopted Chapter 21, known as the Land
Development Code; and
WHEREAS, upon enactment, it was determined by City Council and Staff that any
scrivener's errors would be corrected by amending specific Articles contained in the Land
Development Code; and
WHEREAS, certain Articles have been corrected for scrivener's errors and Staff
recommends that Chapter 21 (Land Development Code) should be amended at this time to correct
outstanding minor scrivener's errors and to modify other outstanding issues in an effort to provide
consistency between the Land Development Code and the Comprehensive Plan.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater,
Florida:
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Underlined passages are added.
2003-0-03
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PART A.
AMEND CHAPTER 21 (LAND DEVELOPMENT CODE) OF
THE CODE OF ORDINANCES, CITY OF EDGEWATER,
FLORIDA.
Chapter 21 (Land Development Code) of the City of Edgewater, Florida is hereby
amended in it's entirety as set forth in Exhibit "A" which is attached hereto and
incorporated herein.
PART B.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
PART C.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, 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, such holding shall not affect its applicability to any other person, property, or
circumstance.
PARTD.
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 accomplish
such intention; provided, however, that Parts B through F shall not be codified.
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Underlined passages are added.
2003-0-03
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PART E.
EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
PART F.
ADOPTION.
After Motion by Councilwoman Rhodes and Second by Councilwoman Lichter, the vote on
the first reading of this ordinance held on March 17,2003, was as follows:
AYE NAY
Mayor Donald A. Schmidt X
Councilman James P. Brown X
Councilman Myron F. Hammond X
Councilwoman Harriet E. Rhodes X
Councilwoman Judy Lichter X
After Motion by Councilwoman Lichtamd Second by Councilman Harnrnnncl
the vote on the second reading of this ordinance was as follows:
AYE NAY
Mayor Donald A. Schmidt X
Councilman James P. Brown x
Councilman Myron F. Hammond x
Councilwoman Harriet E. Rhodes x
Councilwoman Judy Lichter x
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Underlined passages are added.
2003-0-03
3
PASSED AND DULY ADOPTED this 5th day of May, 2003.
A EST;
Etta
.,-Susan J. WadKwoilh,
City Clerk
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by:
Scott A. Cookson, Esquire
City Attorney
Foley & Lardner
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Underlined passages are added.
2003-0-03
CITY COUNCIL OF THE
CITY OF EDGEWAATER, FLORIDA
By: GKse/bC
Donald A. Schmidt
Mayor
Robin . Matusick
Legal Asaistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 5th day of
May, 2003 under Agenda Item No. 6A
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1. Current photograph of the vehicle;
2. Description of restoration plan(s) including a schedule;
3 . Vehicle identification number.
c. A vehicle restoration permit authorized the following:
1. Restoration may be performed in an open area. When stored the vehicle shall be
stored in an area not visible to the public or neighboring propertied.
2. A vehicle being restored shall be stored in an area hidden from view by opaque
fencing, stockade. chain link fencing with slating. or masonry wall. 5clccning,
custom car cover, or stored inside a garage.
d. The term of the permit shall be one (1) year. Additional renewals will be available
provided that restoration progress is consistent with the vehicle restoration application.
e. Vehicles being restored shall be owned by the occupant ofthe property.
f Donor vehicles stored on property to supply parts for the permitted restoration vehicle
shall comply with all of the above.
21-34.06 - Watercraft, Watercraft Trailers, Motor Homes, Trailers, Recreational Vehicles
Trailers and Campers
The purpose of this Section is to establish criteria for the parking and storage of watercraft,
watercraft trailers, motor homes, trailers, recreational vehicle trailers and campers on property
designated for residential areas.
a. Watercraft, watercraft trailers, motor homes, trailers, recreational vehicle trailers and
campers stored on property designated for residential use shall have a current and valid
license tag, except any boat or trailer out of view of the general public or neighboring
properties shall not be required to have a valid license tag.
b. Watercraft, watercraft trailers, motor homes, trailers, recreational vehicle trailers and
campers stored on property designated for residential use shall be maintained in an
operable condition. Repairs shall not exceed three (3) months.
c. Watercraft, watercraft trailers, motor homes, trailers, recreational vehicle trailers and
campers may be parked or stored in a driveway, immediately parallel to the driveway,
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alongside the house or in the backyard subject to the following condition:
1. No watercraft, watercraft trailers, motor homes, trailers, recreational vehicle
trailers and campers or any part thereof may rest on or occupy airspace past the
property line.
2. Watercraft must be stored on operable trailers.
d. Boat motors of watercraft parked or stored on property designated for residential use
shall not be operated before 7 a.m. or after 10 p.m.
e. Watercraft, watercraft trailers, motor homes, trailers, recreational vehicle trailers and
campers stored on property designated for residential use shall not be used as a dwelling,
nor shall waste materials be permitted to discharge.
f Watercraft, watercraft trailers, motor homes, trailers, recreational vehicle trailers and
campers stored on property designated for residential use shall meet reasonable standards
of appearance and maintenance as follows:
1. The ground beneath the watercraft, watercraft trailers, motor homes, trailers,
recreational vehicle trailers and campers shall be kept free of debris, including
weeds and grass in excess of twelve inches (12").
2. Watercraft trailers, motor homes, trailers, recreational vehicle trailers and
campers tires shall be inflated to tire specifications.
3. The watercraft, watercraft trailer, motor home, trailer, recreational vehicle trailer
and camper shall be kept clean and not be allowed to become a nuisance that can
be detected beyond the owner's property line.
4. Only routine repairs and maintenance may be performed on watercraft, watercraft
trailers, motor homes, trailers, recreational vehicle trailers and campers parked in
front yards.
g. The owner of the watercraft, watercraft trailers, motor homes, trailers, recreational
vehicle trailers and campers must reside on the premises where the item is parked or
stored. Additional property owned by the resident adjacent to the residence is considered
to be a part of the premises for this purpose. The vehicles shall not be used for
residential purposes, except during an emergency or natural disaster.
h. Visitors may reside in their motor homes on property designated for residential use for a
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maximum of a two (2) week period with a permit. Waste material shall not be permitted
to discharge. A visitor residing in a motor home can be permitted no more than twice in
a six-month period. These permits shall be issued by the City Clerk's office and
prominently displayed so as to be visible from the street.
1. A limit of one (1) vehicle (watercraft, watercraft trailer, motor home, trailer, recreational
vehicle trailer or camper) per 4,000 sq. ft. oflot area shall be allowed to be parked in the
front setback and/or side yard. Additional vehicles may be parked in those areas for no
longer than two (2) weeks.
21-34.07 - Salvage Yards
The purpose of this Section is to control the operation of salvage yards and similar uses.
a. Salvage yards shall comply with the conditional use standards for the 1-2 zoning district.
b. The site shall be a minimum of 40,000 square feet and a maximum of 200,000 square
feet, and shall conform to the buffer yards requirements described in Article V, Section
21-54.
c. All sites shall be enclosed by an eight foot (8') high opaqne f('hCC stockade or chain link
fence with slatting or masonry wall. Existing sites with chain link fence shall 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. Occupational license shall be required.
f No storage or parking of items under control of the salvage yard shall be permitted
outside of the fence or wall.
21-34.08 - Refuse and Dumpsters
The purpose of this Section is to control the placement and operation of refuse and dumpsters
and similar such uses.
a. Dumpsters on commercial, industrial and multi-family properties shall be enclosed from
view with a six foot (6') high opaquc fence stockade fence. chain link fence with slatting
or masonry wall and gate. Existing sites with chain link fence shall be enclosed with
slatting. New sites shall require stockade fencing or masonry wall.
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b. No dumpsters, containers or containment areas shall be permitted in any public right-of-
way.
c. Gates shall be kept closed at all times except on designated pick up days.
d. Dumpsters and/or containers can not be delivered, emptied or removed during the hours
often p.m. (10:00 p.m.) to six a.m. (6:00 a.m.) 5c;~'n a.m. (7.00 a.m.).
e. Containment areas shall be maintained in a clean and orderly manner so as to not
produce a nuisance at all times.
21-34.09 - Kennels
The purpose of this Section is to minimize conflicts of noise, odor and health hazards created by
kennels. In addition to the regulations as set forth within the district(s) in which the use is
located, the following minimum regulations shall apply:
a. Commercial kennels are limited to the raising, breeding boarding, and grooming of
domesticated animals. Farm animals such as pigs and chickens or exotic animals such as
snakes are expressly prohibited.
b. All runs shall be equipped with drains provided every 10 feet (10') and connected to a
sanitary facility approved by the City Engineer.
c. No animal having a disease harmful to humans shall be boarded or maintained in the
facility.
d. No building or other structure nor any dog run shall be located within 150 feet (150') of
any residential use.
e. Dog runs adjacent to a residential use shall not be used between the hours of 10 P.M. and
7 AM.
f Kennels are required to receive a commercial kennel license from the V olusia County
Animal Control Department and City of Edge water Occupational License after receiving
a Certificate of Occupancy from the City.
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g. See Chapter 5 of the Code of Ordinances, City of Edge water, Florida.
21-34.10 - Solid Waste Receptacles, Residential
a. Containers may be placed in the adjacent street right-of-way the evening before the
scheduled pick up service, and shall be removed no later than 11 :00 PM on the day of
scheduled pick up service.
b. All solid waste shall be placed in containers with lids that deter animals from accessing
the containers.
c. All containers shall be stored on the premises of the owner or tenant, behind the front
dwelling line, until containers are placed at the right-of-way on scheduled pick up days.
d. It shall be the duty of any person owning or controlling a house or other building or
premises to remove any uncontained solid waste on both the subject parcel and the
adjacent right-of-way.
e. Regulations regarding multifamily, commercial and industrial solid waste collection
requirements are found in Section 21-34.08.
f Yard waste (pine needles, leaves, etc.) are to be properly contained before placement at
the right-of-way. Tree cuttings and yard waste too large to contain shall be placed at the
right-of-way in piles no larger than 4'x4'x4' (4 feet high, 4 feet deep, 4 feet wide) total.
g. Tree removal on an nnimploved any lot shall be the responsibility of the owner or
contracting tree removal company. Tlce lcmoval on an implovcd lot 311.111 be the
rcspon3ibility of the contracting tree senice.
21-34.11 - Mini-warehouses
Mini-warehouses may be permitted under the following conditions:
a. Mini-warehouse buildings shall be screened from the public right-of-way by a minimum
of a six foot (6') high opaql1G fence stockade fence or chain link fence with slatting or
m.130nry wall with a ten foot (10') high wide landscape buffer planted adjacent to the
street side and on all boundaries facing residential districts. Existing sites with chain link
fence shall be enclosed with slatting. New sites shall require stockade fencing or
masonry wall.
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21-36.01 - Purpose
This section includes those accessory uses and detached structures that are subordinate to the
main use or building and 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 principal permitted use must be built or permitted prior to a permit for an accessory
use is issued.
b. All accessory uses, buildings and structures shall be located on the same lot as the
principal 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-I.
I. No accessory building may be located within any required parking area, landscape area
or storm water 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
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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 opaqne
stockade or chain link fence with slatting fenee or masonry wall. However, the wall or
fencing shall not interfere with the flow of traffic entering or leaving the site. Existing
sites with chain link fence shall 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 outside
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 local 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,
or 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.
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clear, destroy, or alter any wetland or wetland buffer as defined in Article II on any lot or portion
thereof without obtaining a wetland alteration permit in accordance with the provisions of this
article. An applicant must obtain the all other required permits from the all appropriate fcdelaI,
!ltMe 01 cOtlnt} agencies. VIhGle applicable, fcdelal, state 01 county pc.llnits Ina} eliminate the need
to obtain a City Wetland.5 Altelation Pel mit. A wetland alteration permit must be obtained from the
City and/or Volusia County at the discretion of the City. Wetland Alteration Permits may be issued
concurrent or in conjunction with other land development permits. It is the intent of this section that
construction of a single-family dwelling on upland areas which do not alter by removing, filling,
draining, dredging, clearing or destroying any wetland or wetland buffer shall not require a separate
wetland alteration permit pursuant to this section.
21-41.04 - Buffer Requirements
a. A minimum buffer of fifty feet (50') upland from the mean high water line and a minimum
of twenty-five feet (25') upland from the wetland boundary shall be established adjacent to
and surrounding all wetlands. The buffer may coincide with the required setback on a lot
under Article III. There shall be no development activities in the buffer, except for direct
access to water bodies.
b. Maintenance activities which does not have a significant adverse effect on the natural
function of the buffer may be allowed within the buffer. The activities which may be
permitted include but are not limited to pruning, planting of suitable native vegetation,
removal of exotic and nuisance pioneer plant species, and the creation and maintenance of
walking trails. See Section 21-53.07 for shoreline protection standards.
SECTION 21-42 - FLOOD PLAINS
21-42.01 - Comprehensive Plan Reference
The provisions of Section 21-42 - Flood plain areas are consistent with and implement the
Comprehensive Plan contained in the Future Land Use Element, Coastal Element, and Conservation
Element.
21-42.02 - Disclaimer of Liability
The degree of flood protection required by this Section is considered reasonable for regulatory
purposes and is based on accepted engineering standards. This Section does not imply that land
outside the areas of special flood hazard, or uses permitted within such flood hazard areas, will be
free from flooding, or flood damages, and shall not create liability on the part of the City of
Edgewater, or any officer, or employee thereof
21-42.03 - Applicability
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TABLE V-I FOOTNOTES
(I) 50 feet upland from mean high water line along the Indian River and its tributaries
(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 along the Indian River and its tributaries
(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 only require ~ ten (10) feet side comer
setback.
(10) 3 or more units shall comply with density and other requirements for site plan approval.
(11) Side comer lots shall have two (2) side yard setbacks, no rear
(12) Side comer setbacks shall be the same as front yard.
(13) Minimum lot square footage shall be calculated based on the buildable 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 newright-of-
way lines.
(15) Single family or duplex uses in the R-4 and R-5 district shall have a minimum lot size of75
feet by 115 feet.
(6) Any parcel with frontage on S.R. 442 (Indian River Boulevard) west of the Florida Shores
Subdivision must be rezoned to a P.U.D. (Planned Unit Development) prior to any
development.
(17) 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. 2/03 (PoliciesProcedureslLandDevelopmentCode) V-3
21-55.06 - Specimen Trees
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Specimen trees shall not be removed without a Tree Removal Permit or as part of an approved
development plan. Pursuant to Section 50-71, Volusia County Code of Ordinances as amended and
the Stipulated Comprehensive Plan Agreement, the following trees are designated as Specimen
Trees.
Common Name
Elm
Hicko
Lobloll Ba
Ma olia
Maple Red Maple
Other Oak S
Red Ba
Red Cedar
Swam Ba
Sweet Ba
Sweet Gum
S camore
Turke Oak
21-55.07 - Protection Standards
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. Pursuant to the Stipulated Agreement, the
minimum protection requirements for historic and specimen trees are as follows:
Number of Trees
Minimum Tree Protection
80 ercent
65 ercent
50 ercent
4 er acr
b. All proposed development projects shall be required to include a tree survey by either a
licensed Surveyor, or Arborist, locating all Specimen Trees.
c. All trees to be preserved shall be identified on site by harmlessly marking or banding.
Rev. 2/03 (policiesProcedureslLandDevelopmentCode) V-28
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structure, then the nonconforming use of the structure may not be restored, with the
following exception:
a. Any existing single-family residential use considered non-conforming and
permitted prior to the adoption of this Code may be permitted to restore
damaged or destroyed buildings. not to exceed the existing footprint (prior
to the damage or destruction t unless approval of a variance is granted by
City Council to expand the footprint ofthe structure. City Council may also
consider requests to waive the application fee.
21-71.02 - Non-Conforming Structures
a. Authority to Continue. Nonconforming structures may continue in accordance with the
provision of this Section.
b. Ordinary Repair and Maintenance. Normal maintenance and repair of nonconforming
structures may be performed.
c. Expansions. Any expansion of a nonconforming structure shall be in conformance with the
provisions of this Article. This shall not prevent expansion as long as the nonconformity is
not increased. A nonconforming structure may be altered or enlarged into a required setback
which already contains an encroachment as long as the existing setback is not reduced
further.
d. Relocation. A nonconforming structure that is moved shall thereafter conform to the
requirements of this Code.
e. Termination Upon Damage or Destruction. Any part of a nonconforming structure that
is damaged or destroyed to the extent of fifty percent (50%) or more of the assessed value
of said structure shall not be restored unless that part conforms to the provisions of this
Code, with the following exception:
L Any existing single-family residential structure considered non-conforming and
permitted prior to the adoption of this Code may be permitted to restore damaged
or destroyed buildings. not to exceed the existing footprint (prior to the damage or
destruction t unless approval of a variance is granted by City Council to expand the
footprint of the structure. City Council may also consider requests to waive the
application fee.
21-71.03 - Non-Conforming Lots of Record
Legally Nonconforming Lots of Record. Any lot created prior to June 17, 1974, shall be
considered legally nonconforming if the lot has a width of at least forty (40) feet and an area of at
least three thousand six hundred (3,600) square feet. Any lot created between June 17, 1974, and
Rev. 2/03 (PoIiciesProcedures/LandDevelopmentCode) VII-2