2005-O-21
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ORDINANCE NO. 2005-0-21
AN ORDINANCE OF THE CITY OF EDGEW A TER,
FLORIDA; AMENDING CHAPTER 21 (LAND
DEVELOPMENT CODE) BY MODIFYING ARTICLE III
(PERMITTED, CONDITIONAL, ACCESSORY &
PROHIBITED USES) FOR CONSISTENCY; 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.
WHEREAS, on July 10, 2000, City Council adopted Chapter 21, known as the Land
Development Code.
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 from time to time.
WHEREAS, certain Articles have been corrected for scrivener's errors and Staff
recommends that Article III (Permitted, Conditional, Accessory & Prohibited Uses) of Chapter 21
(Land Development Code), should be amended at this time to corrected outstanding 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 ofthe City of Edgewater,
Florida:
Stl tick till otlgl. passages are deleted.
Underlined passages are added.
2005-0-21
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PART A.
AMEND CHAPTER 21 (LAND DEVELOPMENT CODE) BY
MODIFYING ARTICLE III (PERMITTED, CONDITIONAL,
ACCESSORY & PROHIBITED USES) OF THE CODE OF
ORDINANCES, CITY OF EDGEW ATER, FLORIDA.
Chapter 21 (Land Development Code) of the City of Edgewater, Florida is hereby
amended by modifying Article III (Permitted, Conditional, Accessory & Prohibited
Uses) as set forth in Exhibit "A" which is attached hereto and incorporated herein.
PARTB.
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are hereby superseded by this ordinance to the extent of such conflict.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.
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 accomplish
such intention; provided, however, that Parts B through F shall not be codified.
PART E.
EFFECTIVE DATE.
This Ordinance shall become effective upon adoption.
Stltlck t1uongh passages are deleted.
Underlined passages are added.
2005-0-21
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PART F.
ADOPTION.
After Motion by Councilwoman Rhodes and Second by Councilwoman Lichter, the vote on
the first reading of this ordinance held on May 16,2005, was as follows:
AYE
NAY
Mayor Donald A. Schmidt
x
Councilman James P. Brown
x
Councilman Dennis Vincenzi
x
Councilwoman Harriet E. Rhodes
x
Councilwoman Judy Lichter
x
After Motion byCouncilwoman Lichter
and Second by Councilman Brown
the vote on the second reading/public hearing of this ordinance held on June 6, 2005, was as follows:
AYE NAY
Mayor Donald A. Schmidt x
Councilman James P. Brown x
Councilman Dennis Vincenzi x
Councilwoman Harriet E. Rhodes x
Councilwoman Judy Lichter x
Shuck tIuough passages are deleted.
Underlined passages are added.
2005-0-21
3
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PASSED AND DULY ADOPTED this 6th day of June, 2005.
ATTEST:
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by:.
Paul E. Rosenthal, Esquire
City Attorney
Foley & Lardner, LLP
Straekthrongh passages are deleted.
Underlined passages are added.
2005-0-21
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:QU®?? ..
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 6th day of
June, 2005 under Agenda Item No. 6-n
,..,
Rev. 06-05 (Land Development Code)
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EXHIBIT "A"
ARTICLE III
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 ...............................................
U1 4
21-32.01— Zoning District Descriptions...............................................................................
III4
SECTION21-33 — USES AND RESTRICTIONS...............................................................
I11-6
21-33.01 —Purpose................................................................................................................111-6
21-33.02 —Permitted Uses.....................................................................................................III-6
21-33.03 — Conditional Uses..................................................................................................III-6
21-33.04 — Accessory Uses....................................................................................................III-6
SECTION 21-34 — SPECIAL USE REQUIREMENTS .................................................... III-11
21-34.01
— Home Occupations............................................................................................
III-I1
21-34.02—
Community Residential Homes(CRH)..............................................................111-12
21-34.03
— Institutional Residential Homes (also referred to as ALF's).............................
III-14
21-34.04
— Inoperable, Abandoned, and/or Wrecked Vehicles ...........................................
DI-14
21-34.05
— Vehicles — Restoration & Permits — For Residential Properties ........................
III-15
21-34.06
— Watercraft, Watercraft Trailers, Motor Homes, Trailers, Recreational Vehicle
Trailers and Campers........................................................................................
III-16
21-34.07 — Salvage Yards....................................................................................................
III-17
21-34.08
—Refine and Dumpsters.......................................................................................III-18
21-34.09
— Kennels..............................................................................................................111-18
21-34.10
— Solid Waste Receptacles, Residential................................................................111-19
21-34.11—
Mini-warehouses...............................................................................................111-19
21-34.12
— Bed & Breakfasts...............................................................................................
III.20
21-34.13
—Nursing Homes..................................................................................................III-21
21-34.14
— Residential Professional Offices........................................................................
M-21
Article III
4-
Rev 5.03 (IandDewlopm tCode)
SECTION 21-35 — PROHIBITED USES............................................................................
III-21
21-35.01 —Outdoor Storage, Residential.............................................................................III-21
21-35.02 — Vehicle Sales/Storage on Vacant Lots/Public Right -of --Way ............................
III-21
21-35.03 — Commercial Vehicles in Residential Areas .......................................................
III-22
21-35.04 — Neglected Premises............................................................................................
III-22
21-35.05 — Parking on Drainage or Maintenance Easements or Public Right -of -Way.......
III-22
21-35.06 — 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.........................................................................................111-26
21-36.08 —Boats as Dwelling Units....................................................................................III-26
21-36.09 — Canopies/Temporary Carports and Tents/Gazebos ...........................................
III-27
21-36.10 — Swimming Pools................................................................................................III-27
SECTION 21-37 — SPECIAI. ACTIVITY/PERMIT REQUIREMENTS .......................
III-30
21-37.01 —Purpose/Scope ...................................................................................................111-30
21-37.02 — Definitions .........................................................................................................
III-30
21-37.03 — Special Activity Permit Requirements..............................................................III-31
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-32
21-37.08 — Penalties.............................................................................................................III-33
21-37.09 — Exceptions.........................................................................................................111-33
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-34
Article III
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Rev 5-03 a mkdDevelopmentCode)
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 Citv; 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 dot 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;
Itev 5-03 (I.sndDewlopmentCode) III-1
d. Boundaries are depicted to follow railroad right-of-ways shall be construed to be the center
line of the railroad right-of-way;
e. Boundaries are depicted to follow shorelines shall be construed to follow such shorelines
even if the shorelines change;
f. Boundaries are depicted to follow the center lines of canals 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 mad, 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 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 — Offleial 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: "Ms 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 5-03 (I.mMD IopmentCode) II1-2
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 name of number of changes and additions, the City Council shall
adopt a new Official Zoning Map.
21-30.05 — Comprehensive Ptah 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 1114)
Rev 5-03 (I.eodDevelopt=tCode) III-3
TABLE III-1
LAND USE AND ZONING COMPATIBILITY
Future Land Use Designation
Compatible Zoning Districts
Low Density Transition
RT
1.0 DU/gr.ac
Low Density Residential
R-1, R-2, R-3, RPUD, RP, RT
1.0 to 5.0 DU/ .ac
Medium Density Residential
R4, RPUD, MH-1, MH-2
5.1 to 8.0 DU/gr.ac;
High Density Residential
R-5, RPUD
8.1 to 12.0 DU/gr.ac
Commercial
B-2, B-3, B-4, BPUD; RP
Industrial
I-1, I-2, 1PUD
Recreation
CN, RT, AG, R-1, R-2, R-3, R4, R-5,
RPUD, RP, MH-1, MH-2, B-2, B-3, B-4,
BPUD, I-1 I-2, IPUD, P/SP
Public/Semi-Public
CN, AG, P/SP
Conservation
CN P/SP
Agriculture
AG
Minimum 1 DU/2.5 ac
Mixed Use
RPUD, BPUD, IPUD, EC, CC
Minimum 15 acres
SECTION 21-32 — ZONING DISTRICT DESCRIPTIONS
21-32.01— Zoning District Descriptions
Table III-2 summarized the principal purpose for each zoning category. The minimum parcel
sizes are provided where applicable.
(See Page III-5)
Rev 5-03 U andDe 10pm tCode) I114
TABLE III-2
ZONING DISTRICT DESCRIPTIONS
Zoning District Title
Category
ose anti 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
3' £snail reeidantial— 1.0 to 5.0 unita/ntre min. 12 000 sq. ft. lot.
SF Residential
R-2
S' rosrdantiel— 1.0 to 5.0 units/scre min. 10,000 sq. & lot
SF Residential
R-3
I S residential— 1.0 to 5.0 unita/ame min.8625 lot
MF Residential
R4
Medium density residential (5.1 to 8.0 units/acre) — single family, duplex,
te
MF Residential
R-5
High density residential (8.1 to 12.0 unuslacre) — single family, duplex,
rownhumag.
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. Thin category inchrdes lam 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 —no mini s, parcel —See
Article V Section 21-58 for details.
Residential Professional
RP
Intended for office professional along SR#442, Pink A�asaa mW U:&
office
#L must be accompanied by aoite plan.
Mobile Home Pink
MH-1
Medium density residential (5.1 to 8.0 umtstacre). Provide for mobile
home parks —min. 5 acre parcel (See Sec. 21-71 for nonconforming
parks).
Mamfacmred Homo
MR-2
Medico density residential (5.1 to 8.0 mutstacre). Provide for
Subdivision
manufactured home subdivision —min. 50 aem narcel.
Neighborhood Business
B-2
Intended for retail goods and services for finiquest residential needs —
min. 10,000 sq. fl.
Public/Semi-Public
P/SP
Consists of Public facilities and private ran -for -profit use such as
churches, schools, and cemeteries. Ail otberpublic lands and facilities,
such as City Hall, post offices, howitals, utility substations, water and
wastewater treatment plants, fro stations, and libraries am also included
n this ca
Highway Business
B-3
Intended for high volume highway related commercial uses —no min.
I
parcel aim.
Tourist Commercial
B4
Intended for short tam waterfront accommodations for visitors and
accessory uses, may include residential mixed use as pan of RPUD or
BPUD—min. 2 acme.
Business Planned Unit
BPUD
Intended for mired commercial and limited multifamily residential with a
Development
aimgle development plan —nn min, parcel —Details in
ArticleV Section 21-57.
Light Industrial
I-1
Intended for storage, light manufacturing, wholesaling and distribution
uses —no min parcel size.
Heavy hndustrud
1-2
Intended for heavy manallacrinin, uses —nn min. parcel.
Industrial Planned Unit
IPUD
Intended for mixed industrial and limited commercial with a single
Development
development Plan —no min. parcel Size— Details in Article V, Section
21-57.
Agriculture
AG
Provide for general agriculture mesa —min. 2.5-acre parcel— temporary or
hold zoning intended fro future urban develoix
Employment
MCC I
Intended to allow a mix of uses to satisfy varying degrees of intensity
Cerra/Communi Center
and balance the residential and non-residentud needs of the City.
Rev 5-03 (LandDevelopmwtCode) II-5
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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 LDC 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 perxeissibie permitted uses cannot be all inclusive. The uses described in Table III-3
shall be interpreted by the 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 appeal to the City Council.
All permitted uses or businesses requiring occupational licenses 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 concmrency 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 5-03 (tmdDewtopmeatCode) HI-6
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TABLE III-3 FOOTNOTES
The Sections cited below identify special requirements for the listed land uses and are found on
the following pages. In addition, may of the proposed projects must also coulply with the
requirements of Article IV — Natural Resource Protection, Article V — Site Design Criteria and
Article b1— Sigm.
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 XE for details.
3. See Bed & BroaM'ast, 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 21-34.02 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
businesshvaidential development plan— 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 fosmienhailydeyelelwd abutting State Road #442. See
Section 21-34.14 for details.
Rev 5-03 0.aad1)eve1opmentC0de) III-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. Minine/Excavation is defined as the exoloration for or extraction of surface or
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 Occupational license is designed to allow for office
type uses within a residence. No home occupational license shall be issued unless the Planning
Department 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 (20e/a) of the dwelling unit space (excluding garage/carport) for the
home occupation.
b. No manufacturing, repairing, storing, or other uses that are restricted to commercial and
industrial districts are allowed.
c. No chemicals/equipment, supplies or material, except that which is normally used for
household domestic purposes, shall be used or stored on site.
d. Noise, dust, odors or vibrations emanating from the premises shall not exceed that which is
normally emanated by a single dwelling unit. Activities that cause a nuisance shall not be
permitted in residential areas.
Rev 5-03 a andDewlopare Wt &) III-11
r-
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 visiblefrom the
exterior of the dwelling unit, except signage requited by state law.
g. Except as provided in Section 21-35.043, 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 occupational
license 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 occupational license pursuant to the
requirements of Chapter 11 of the City Code of Ordinances prior to initiating operation.
j. Garages, carports or similar structures, whether attached or detached shall not be used for
storage of material or manufacturing concerning the home occupation (other than storage of
an automobile).
k. Any Home Occupational License 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 license shall be issued for any property until such time that any Code Comoliance issues
are resolved.
o. If the applicant does not own the property, said applicant shall provide a signed and
notarized affidavit from 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 and limit their location to areas zoned for multifamily development.
a. All Community Residential Homes shall be required to obtain a City occupational license.
Pursuant to the requirements of Chapter 205.1965, FS, the City shall not issue said license
unless the applicant has a state license and substantially meets the criteria listed herein.
Rev 5-03 (LandDevelopmentCode) 111-12
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.
in. 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 1000 feet (1,000') to
another CM or closer than 500 feet (500') of a parcel zoned AG, RT, R-1, R-2, or R-3.
(See Chapter 419.001. (3)(b)(3) FS]
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.
Rev 5-03 (LandDeveloMentCode) 111-13
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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 — Institational 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.
21-34.04 — Inoperable, Abandoned, and/or Wrecked Vehicles
The purpose of this Section is to establish criteria for the identification and regulation of
inoperable, abandoned and/or wrecked vehicles located in areas designated for residential use.
a. A vehicle shall be determined or defined as inoperable, abandoned and/or wrecked by Code
Compliance officials should any of the following be applicable:
1. The vehicle creates a threat to public health, safety or welfare due to its condition or the
conditions in, under or around subject vehicle.
2. The vehicle causes violations of Federal, State or local environmental regulations by
leaking non -contained hazardous fluids, such as oil, fuel, gear grease, hydraulic fluid,
ethylene -glycol, or anti -freeze coolant additives and any other regulated chemicals which
pose a threat to public health, safety or welfare by entering the groundwater supply, or
significantly running off the vehicle onto the surrounding area, creating
dangerousolazardous conditions for passing motorists or persons.
3. The vehicle is associated with discarded items accumulating in, on, or around its
immediate area, causing vehicle to meet criteria for "nuisance".
4. A vehicle that is stored with open hood, doors, hatches and compartments exposed to the
general public or neighboring properties for any period exceeding twenty-four (24) hours.
Rev 5-03 (LandDevetopm tCode) III-14
5. A vehicle visible to the general public or neighboring properties, which Code
Compliance officials cannot establish ownership or the responsible party declines to
resolve valid issues contained within this Section, shall be determined to be abandoned.
b. Vehicles deemed to be inoperable, abandoned and/or wrecked shall not be stored in any
zoning district except as provided for in Section 21-34.05.
21-34.05 — Vehicles — Restoration & Permits — For Residential Properties
a. Any person seeking to openly restore a vehicle on property designated for residential use
shall obtain a vehicle restoration permit issued by the Code Compliance officials. The
vehicle restoration permit shall be posted conspicuously at the residence during the period of
restoration.
b. The application for a vehicle restoration permit shall include the following:
1. Current photograph of the vehicle;
2. Description of restoration plan(s) including a schedule;
3. Vehicle identification number.
4. Fees paid as determined by Resolution.
c. A vehicle restoration permit authorizes 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 properties.
2. A vehicle being restored shall be stored in an area hidden from view by, stockade, chain
link fencing with slating, or masonry wall, custom car cover, or stored inside a garage.
it. The tern of the permit shall be one (1) year. Additional renewals will be available provided
that restoration progress is consistent.
e. Vehicles being restored shall be owned by the occupant of the property.
f. A 13donor vehicles stored on property to supply parts for the permitted restoration vehicle
shall comply with all of the above.
Rev 5-03 aAndDevelopm tCode) III-15
21-34.06 — Watercraft, Watercraft Trailers, Motor Homes, Trailers, Recreational Vehicle
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 he 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,
alongside the house or in the backyard subject to the following conditions:
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 am 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.
Rev 5-03 a AndDevelopmentCode) M-16
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 trailer:, motor homes, trailers, recreational vehicle
trailers, and campers must reside on the premises where the item is parked or stored.
Additional properly 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
maximum of a two (2) week period with a pemrit. Waste materials shall not be permitted to
discharge. A visitor residing in a motor home can be permitted no more than twice a 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.
i. A limit of one (1) vehicle (watercraft, watercraft trailer, motor home, trailer, recreational
vehicle trailer or camper) per 4,000 sq. ft. of lot 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 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 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 Occupational license shall be requited.
f. No storage or parking of items under control of the salvage yard shall be permitted outside of
the fence or wall.
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21-34.09 — Refuse and Dumpsters
Ile 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. .
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 cannot be delivered, emptied or removed during the hours of ten
p.m. (10:00 p.m.) and six a.m. (6:00 a.m.).
e. All construction projects shall have a dumoster located on -site for placement of construction
debris for all new construction and additions exceeding 600- ware feet.
e: f Containment areas and construction project areas shall be maintained in a clean and orderly
meaner at all times 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 anneals 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 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 (1501) 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.
Rev 5-03 (IsndDewlopna:ntCode) III-18
f Kennels are required to receive a commercial kennel license from the Volusia County
Animal Control Department and City of Edgewater Occupational License after receiving a
Certificate of Occupancy from the City.
g. See Chapter 5 of the Code of Ordinances, City of Edgewater, Florida for additional
regulations.
21-34.10 — 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 any lot shall be the responsibility of the owner or contracting tree removal
company.
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 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.
Rev 5-03 gAnd )e IopmentCode) ID-19
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 will 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. 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 and 1fighway
Ce eial 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. Occupational license shall be required.
21-34.12 — Bed & Breakfasts
a. Bed and breakfast accommodations, as defined in Section 21-20 shall require off-street
parking at 1 spacelbedroom, plus residential requirements.
b. Landscaping shall be provided as required for hotel/motel uses.
c. One (1) sign not to exceed six (6) square feet.
d. A City Occupational License is required.
Rev 5-03 (ImdDewlopmentCode) 111-20
21-34.13 — 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 Occupational License is required.
21-34.14 — Residential Professional Offices
Residential Professional Offices are permitted as a conditional use and require site plan approval.
Residential Professional Offices are permitted only along ,..ajef Fead ..._
Avenue) S.R. 442, east of Pinedale Road and west of U.S. Highway 1 Residential Professional
Office site plans shall be provided with a xZoning Man Amendment application and shall
include:
a. ^a st,et paddagrequirementsThe property
must have a minimum frontage of 100-feet along S R 442
b. One advenising ground sign not to exceed four (4) square feet of display area and an overall
height of four feet (4').
c. Commercial building code requirements shall be met.
d. A City Occupational License 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
21-35.01— Outdoor Storage, Residential
Open outdoor storage in residential districts or property where primary use is residential is
expressly prohibited when seen from the right-of-way, except those items listed in Section 21-
34.05.
21-35.02 — Vehicle Sales/Storage on Vacant Lots/Public Right -of -Way
The sale, lease, or offering for sale or lease, or storage of any vehicles, including but not limited
to, cars, trucks, commercial vehicles, semi -tractors, tractor trailers, watercraft, trailers,
Rev 6-05 (Landl)ewlopmentCode) III-21
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recreational vehicles, campers, and equipment shall be prohibited on all vacant lots and all public
right-of-ways within the City.
21-35.03 — Commercial Vehicles in Residential Areas
The purpose of this Section is to control the proliferation of commercial vehicle parking in
residential areas.
a. The term commercial vehicle is defined as any vehicle with a rated capacity greater than one
(1) ton,.has more than two (2) axles, or is over twenty-four feet (24') long.
b. It shall be unlawful for a commercial vehicle, and/or associated trailer, tractor trailers, or
beach concession vehicles with a greater than 1-ton capacity to be parked on any property
whose primary use is residential, except when being loaded or unloaded.
c. One commercial vehicle with less than a 1-ton rated capacity shall be permitted to park on
any property whose primary use is residential.
21-35.04 — Neglected Premises
a. It shall be the duty of any person owning or controlling a house or other building or premises
to maintain such premises in a reasonably clean and orderly manner and to a standard
conforming to other orderly premises in that vicinity. It shall be a violation of this Section to
abandon, neglect, or disregard the condition or appearance of any premises.
b. Every exterior wall of the building shall be free of holes, breaks, loose or rotting boards or
timbers. All siding material shall be kept in repair. Roofs shall be structurally sound and
maintained in a safe manner and have no defects.
c. All portions of existing buildings, both interior and exterior, shall be maintained in such a
manner that structural strength, stability, sanitation, adequate light and indoor air quality, and
safety to life and property from fire and other hazards are provided for public safety, health,
and general welfare.
21-35.05 — Parldng on Drainage or Maintenance Easements or Public Right -of -Way
It shall be unlawful to park or store any vehicle, boat, trailer or equipment of any kind on City,
County, or State maintenance and/or drainage easements or public right-of-way.
Rev 5-03 (landl)evelopramtCode) III-22
21-35.06 — Alcoholic Beverages
No alcoholic beverage establishments, i.e.. establishments engaged in the sale of alcoholic
beverages for on-memises consumption, shall be located within 500-feet of an established
church or school with the followine exception:
a. Any location licensed as a restaurant which derives at least 51-percent of their Oros
revenues from the sale of food and nonalcoholic beverages, pursuant to Chanter 509, F.S.
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 pemitted 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 he located five (5') feet from rear and side property
lines.
Rev 5-03 aAn&)evelopmentCo&) 111-23
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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, fie 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 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 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 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.
Rev 5-03 (LandDeveloptaeatCode) III-24
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 XIL
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 (36'7 in diameter shall require a building. permit from
the City.
d. Except as provided in Article X11, antennas and satellite dishes greater Oran 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 X11, the height restrictions for antennas and satellite dishes
shall not exceed the height limit in that district.
21-36.05 — Places of Worship — Schools/Child Care
The purpose of this Section is to establish criteria for the operation of schools and recreation
facilities as an accessory use associated with places of worship.
a. A school operated by a place of worship shall not be permitted to locate within 25 feet (25')
of property used as residential.
b. Recreation areas associated with places of worship shall not use artificial site lighting at night
unless shielded from adjacent residential areas.
c. No recreational activity shall be located closer than 25 feet (25') to an adjacent parcel.
d. The front yard of a place of worship shall be on an arterial or collector roadway.
Rev 5-03 (LandDewlopmentCode) Ill-25
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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 (201) 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 alone the Indian River shall be entitled to one (1) boat slip
per Volusia County's Manatee Protection Plan.
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:
Rev 5-03 (I.andDew1op =tCode) III-26
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 cenopies/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
linelstreet 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 including other motorized vehicles.
21-36.10 — Swimming Poals
3 Definitions
As used in this Article, the following terms shall have the respective meanings ascribed to them:
Rev 5-03 (LandDevelopm tCode) III-27
Residential swimmine 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
Swimminr Pooh A body of water in an artificial or semi-public or private swimming
Wading pooh Any pool with a surface area of less than two hundred fifty (250) square
feel 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
2.
Structural Requirements
d. Locadon
1. Front yard and side comer yard swimming pools are prohibited.
2.
e. Enclosures
1. All swimming,pools unless entirely screened in shall be completely enclosed with a fence
or wall at least four (4) feet high, and so constructed w to not be readily climbable by
Rev 5-03 (LmK DevelopnwntCode) ID-28
equipped. Per Child Safety Act, F.S. 515.
2. All whirlpools, spas or hot tubs unless entirely screened in or eauiuped with a lock down
cover shall be completely enclosed with a fence or wall at least four (4) feet high and so
constructed as to not be readily climbable by small children. and comely with the Child
Safety Act, F.S. 515.
L Filtration and recirculation system
All swimming tools 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.
L. Electrical wiring
All electrical wiring must comply with the National Electrical Code (NEC
h. P u t in
ins or.
Discharge water
L Rim height
The overflow rim of all swimming Pools shall be a minimum grade above surrounding ground
level and in all cases sufficiently high to Prevent groundwater from flowing into Pool
k. Walkway
Rev 5-03 (Land w1opmmtCode) IH-29
In. 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 limits 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 eventlactivity with the primary purpose of carrying on
propaganda or otherwise attempting to influence legislation, and does not include an
event/activity with the primary purpose of raising funds or garnering support for a political
campaign on behalf of (or in opposition to) any candidate for public office.
City sponsored activity — sponsored or co -sponsored by the City Council or any City Department
for the benefit of the residents of the community.
Civic group/non-profit organization — any group that meets for the improvement of the
community and whose main function is to make the community a better place to live either by
deed, donations of time or finances. A tax-exempt certificate is not necessary if the group meets
the above stated criteria.
Community Activity - activities which take place on City owned or controlled property in which
the general public is invited to participate.
Live entertainment - entertainment in the form of music, singing, speaking or similar activities
that are enhanced by amplification equipment. This includes bands, concerts, performances,
karaoke and disk jockey functions.
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Outdoor entertainment— entertainment in the form of music, singing, sperating 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
10 through June 30 ; and
b. One 10-day period and two 1 day chartable everts/activityween betthe period of Jul I'
through December 31 a. Y
3. Outdoor entertainment/amplified sound in conjunction with a special activity shall be
permitted only at the fbiiawing tifnes an between the times of 1:00 p.m. to 9:00� m
e—Sanda} :-00-rm
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.
b. A special activity permit application must be completed and submitted to the Planning
Department for review by City staff at least 60days in advance of the activity. The
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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
parldrig layouts, quantity and number of sanitary facilities. If the application is for a
charitable eventlactivity, sufficient information (financial, medical, socio-economic) must be
provided for a clear determination that the event meets the criteria of a charitable
eventlactivity. 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. Applicant shall provide names and addresses of each affected property owner.
21-37.05 — Special Activity Permit Criteria
a. The proposed activity will not result in unsafe ingress/egress for either pedestrians or
vehicles.
b. The proposed activity shall comply with the appropriate Florida Fire Prevention Codes
conditions.
c. The proposed activity shall comply with the City's Land Development Code and noise
ordinance conditions.
d. The proposed activity will direct on -site lighting away from adjacent parcels and roadways.
e. The proposed activity shall have adequate sanitary facilities.
f. The applicant shall post a bond or provide insurance in the amount of $200,000.00 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.
21-37.07 — Inspections to Ensure Compliance
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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 waive granted regarding these
requirements is only binding and applicable upon that one activity or portion thereof and shall
not mean that the sponsor/promote 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 H.
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.
d. The maximum allowable height of all fences located in the front yard setbacks and rive front
lots of residential property not subject to site plan review shall be four feet (4'). Fences
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r
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 comer yards and
meet the site triangle requirements. Six (6') foot fences on side comer 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 or 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 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.
It. Fences with barbed wire shall be prohibited in conjunction with residential development hi
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 overhand 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 (6) fee[.
i. 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.
It. Opaque fencing shall not be permitted on lots fronting on large lakes, rivers, golf courses or
other common areas deemed as an aesthetic amenity.
1. Fences shall conform to the "site -triangle" requirements as set forth below:
21-39.03 — Site Triangle Requirements
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a. Nothing shall be erected, planted or placed in a manner as to materially impede vision
between a height of two and one-half feet (2 Y2') to ten feet (10') above the intersecting street
right-of-way lines. The site triangle shall be measured 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)
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