2001-O-52
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ORDINANCE NO. 2001-0-52
AN ORDINANCE OF THE CITY OF EDGEW A TER,
FLORIDA; AMENDING CHAPTER 21, THE LAND
DEVELOPMENT CODE BY MODIFYING ARTICLE I
(GENERAL PROVISIONS), ARTICLE II (DEFINITIONS)
AND ARTICLE III (PERMITTED, CONDITIONAL,
ACCESSORY, AND PROHIBITED USES), 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 ofland 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, upon review, Article I (General Provisions), Article II (Definitions) and Article
111 (Permitted, Conditional, Accessory, and Prohibited Uses) should be amended at this time to
correct 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 of the City of Edge water,
Florida:
Stl uck tl.lOugl. passages are deleted.
Underlined passages are added.
2001-0-52
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PART A.
AMEND CHAPTER 21 (LAND DEVELOPMENT CODE), BY
AMENDING ARTICLE I (GENERAL PROVISIONS),
ARTICLE II (DEFINITIONS) AND ARTICLE III
(PERMITTED, CONDITIONAL, ACCESSORY, AND
PROHIBITED USES), OF THE CODE OF ORDINANCES,
CITY OF EDGEW ATER, FLORIDA.
Article I (General Provisions), Article II (Definitions) and Article III (Permitted,
Conditional, Accessory and Prohibited Uses) of Chapter 21 (Land Development
Code) ofthe City of Edge water, Florida, adopted pursuant to Ordinance No. 2000-0-
12 is hereby amended 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are hereby superseded by this ordinance to the extent of such conflict.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.
PART D.
CODIFICA TION.
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.
Stl uck till ougl. passages are deleted.
Underlined passages are added.
2001-0-52
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PART E.
EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
PART F.
ADOPTION.
After Motion by Councilman Vincenzi and Second by Councilwoman Lichter, the vote on
first reading of this ordinance held on August 6, 2001, was as follows:
AYE NAY
Mayor Donald A. Schmidt X
Councilman James P. Brown X
Councilman Dennis A. Vincenzi X
Councilwoman Harriet E. Rhodes X
Councilwoman Judy Lichter X
After Motion by ~ /2I--t- andSecondby ~'-C~----~6-
the vote on the second reading of this ordinance was as follows:
AYE NAY
Mayor Donald A. Schmidt ~
Councilman James P. Brown -L
Councilman Dennis A. Vincenzi X
Councilwoman Harriet E. Rhodes ~
Councilwoman Judy Lichter l
StI tic.k tl.lOugh passages are deleted.
Underlined passages are added.
2001-0-52
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PASSED AND DULY ADOPTED this 10th day of September, 2001.
ATTEST:
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
Sn ack-Mrongh passages are deleted.
Underlined passages are added.
2001-0-52
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By: 5Q-'�V
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant
Approved by the City Council of the City of
Edgewater at a meeting held on this 0
day of 2001 under
Agenda Item o. �.
ARTICLE I
GENERAL PROVISIONS
SECTION 21-01 - TITLE .................................................... 1-1
SECTION 21-02 - AUTHORITY & APPLICABILITY ........................... 1-1
SECTION 21-03 - PURPOSE & INTENT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1-1
Section 21-03.01 - Purpose .............................................. I-I
Section 21-03.02 - Intent ...................................... . . . . . . . . .. 1-2
SECTION 21-04 - CONSISTENCY WITH COMPREHENSIVE PLAN ............. 1-2
SECTION 21-05 - JURISDICTION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1-3
SECTION 21-06 - RULES OF INTERPRETATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1-3
Section 21-06.01 - Appeal Procedure ...................................... 1-4
SECTION 21-07 - DELEGATION OF AUTHORITy............................. 1-4
SECTION 21-08 - RELATIONSHIP OF SPECIFIC TO GENERAL PROVISIONS... 1-4
SECTION 21-09 - CONFLICTING LANGUAGE OR PROVISIONS .............. 1-42
SECTION 21-10 - SEVERABILITY .......................................... 1-42
SECTION 21-11 - REPEAL OF PRIOR PROVISIONS. . . . . . . . . . . . . . . . . . . . . . . . .. 1-42
SECTION 21-12 - EFFECTIVE DATE........................................ 1-5Q
Sections 21-13 through 21-19 reserved for future use.
Article I
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Rev. 8/01 (PoliciesProcedures/LandDevelopmentCode)
ARTICLE I
GENERAL PROVISIONS
SECTION 21-01
TITLE
This Chapter shall be codified known and cited as the "Land Development Code of the City of
Edgewater, Florida".
SECTION 21-02
AUTHORITY & APPLICABILITY
This Land Development Code is enacted pursuant to the requirements and authority granted by the
Florida Constitution and the Laws of the State of Florida of Chapter 163, Part II, Florida Statutes,
(the Local Government Comprehensive Planning and Land Development Regulation Act) and the
general powers in Chapter 166, Florida Statutes and Article VIII & II of the Florida Constitution.
More specifically, Chapter 163.3161 (5), Florida Statutes "... no public or private development shall
be permitted except in conformity with comprehensive plans, or elements or portions thereof,
prepared and adopted in conformity with this act." This statutory mandate is further amplified in
Chapter 163.3202, Florida Statutes which states "...It is the intent of this act that adopted
comprehensive plans or elements thereof shall be implemented in party by adoption and enforcement
of appropriate local regulations on the development of lands and waters within an area..."
Upon adoption of this Code, the use of any parcel of land, water body, any structure, or any
combination thereof, within the corporate limits of the City of Edgewater shall be in conformance
with the requirements of this City Code. Failure to comply with the requirements of this Code may
subject an alleged offender to the enforcement provisions of Article X as well as any other available
enforcement remedies.
SECTION 21-03
PURPOSE AND INTENT
Section 21-03.01
Purpose
The purpose and intent of this Code to promote, safeguard the public health, safety, comfort and
welfare, and to ensure that lands within the City of Edgewater are developed in a manner which is
consistent with the policies and objectives of the City of Edgewater's Comprehensive Plan. It is
further the intent of this Code to implement the requirements of Chapter 163.3202, Florida Statutes
(hereinafter referred to as FS) by adopting regulations which:
a. Regulate the subdivision of land and efficient use of public facilities.
b. Regulate the use of land and water to ensure compatibility with adjacent land uses.
Rev. 8/01 (PoliciesProcedures/LandDevelopmentCode) I-I
c. Provide for the protection of potable water well fields, flood prone areas and wetlands.
d. Regulate sign age.
e. Require inspection and engineer certification, that required improvements meet minimum
City standards.
f. Establish procedures to ensure that policies and objectives of the Comprehensive Plan are
enforced.
g. Ensure the protection of environmentally sensitive lands.
h. Provide criteria and procedures to ensure that the level of service standards established in the
Comprehensive Plan are met.
1. Ensure safe and convenient on-site traffic flow and parking.
Section 21-03.02
Intent
The Land Development Regulations set forth herein are made in accordance with a Comprehensive
Plan for the general public health, safety and welfare of the City. They are designed to lessen
congestion in the streets; to secure safety; to provide adequate light and air; to prevent the
overcrowding of land or buildings; to avoid undue concentration of population; to provide adequate
public facilities and utilities; and to preserve the natural resources and community amenities of
beauty and visual interest. They are made with reasonable consideration to the character of each
district and its unique suitability for particular uses, and with a view of conserving the value of
property and encouraging the most appropriate use of land throughout the City.
SECTION 21-04
CONSISTENCY WITH COMPREHENSIVE PLAN
This Code incorporates new authorization, requirements and regulations to implement the objectives
and policies of the Comprehensive Plan, and to ensure that all land development activities within
the City are consistent with and further the objectives, policies, land uses, densities and intensities
in the City's Comprehensive Plan.
It is recognized, however, that situations may arise in the daily administration and enforcement of
this Code whereby strict interpretation and enforcement of the Code may be contrary to the goals,
objectives and policies of the Comprehensive Plan. Such situations may arise due to changes in land
development priorities or economics, new issues which were not anticipated at the time this Code
was drafted and adopted, or the inability to meet competing goals through a single action. In this
situations, the goals and policies of the Comprehensive Plan shall take precedence, and the Code
shall be interpreted and administered consistent with the overall goals, objectives and policies ofthe
Comprehensive Plan as interpreted by the City Council, until such time that the Code and/or
Rev. 8/01 (PoliciesProcedures/LandDevelopmentCode) 1-2
Comprehensive Plan can be amended to resolve any conflict.
SECTION 21-05
JURISDICTION
The provisions of this Code shall apply to all buildings, structures, uses and development of land
within the corporate limits of the City of Edgewater, Florida, as now or hereafter defined, and all
areas under the jurisdiction of the City for land use planning and development control as specified
by law or in any applicable interlocal planning agreements.
SECTION 21-06
RULES OF INTERPRET A TION
For the purpose of this Code, the following rules of interpretation shall apply unless such
construction would be inconsistent with the Comprehensive Plan or the manifest intent of the City
Council:
a. In case of any difference of meaning or implication between the text and any caption,
illustration, summary table, or illustrative table, the text shall control.
b. The words "shall" or "must" are always mandatory and not discretionary. The words "may"
or "should" are permissive.
c. Words used in the present tense shall include the future, and words used in the singular
number shall include the plural and the singular, unless the context clearly indicates the
contrary.
d. The term "building" or "structure" includes any part thereof.
e. The phrase "used for" includes "arranged for," "designed for," "maintained for" or
"occupied for."
f. The word "person" includes an individual, a corporation, a partnership, an incorporated
association or any other similar entity.
g. Unless the context clearly indicates the contrary, where a regulation involves two (2) or more
items, conditions, provisions, or events connected by the conjunction "and", "or", or
"either..or", the conjunction shall be interpreted as follows:
1. "And" indicates that all the connected items, conditions, provisions or events shall
apply;
2. "Or" indicates that the connected items, conditions, provisions, or events may apply
singly or in any combination;
3. "Either...or" indicates that the connected items, conditions, provisions or events shall
apply singly but not in combination.
Rev. 8/01 (PoliciesProcedures/LandDevelopmentCode) 1-3
h. The word "includes" shall not limit a term to the specified examples, but is intended to
extend its meaning to all other instances or circumstances of like kind or character.
1. Sites, or lot areas, herein is the minimum area required.
J. The interpretation and application of the regulations and provisions of this Code by the City
shall be reasonable and uniformly applied to all property within the jurisdiction of the City
of Edgewater.
k. Whenever the regulations and requirements of this Code are in conflict with the requirements
of any other lawfully enacted and adopted rules, regulations, ordinances, or laws, the most
restrictive shall apply.
Section 21-06.01
Appeal Procedure
In the event any person believes that a city official has made an interpretation or determination under
the Land Development Code that adversely impacts such person to the extent that such person
believes in good faith that such decision results in a deprivation of the reasonable and beneficial use
of the land which is the subiect of the adverse interpretation or determination. then such person may
appeal such decision to the City Manager by submitting a written notice or appeal to the City
Manager's office within fifteen (15) days of the adverse decision being communicated to such
person. The City Manager shall review the decision of the city official and render a decision on the
appeal within thirty (30) days of receipt of the written notice or appeal.
Any person may subsequently appeal the decision of the City Manager to the City Council. Any such
appeal to the City Council must be filed with the City Clerk within fifteen (15) days of the adverse
decision by the City Manager being communicated to such person. The City Council shall review
the decisions of the city official and City Manager within sixty (60) days of the date of filing such
appeal. The decision of the City Council shall be final and binding.
SECTION 21-07
DELEGA TION OF AUTHORITY
Whenever a provision appears requiring the administrative official, the head of a department or some
other City officer or employee to perform an act or duty, it is to be construed to authorize delegation
to subordinates to perform the required act or duty, unless the terms of the provision or section
specify otherwise, or such delegation would be contrary to the spirit and intent of this Code.
SECTION 21-08
RELA TIONSHIP OF SPECIFIC TO GENERAL PROVISIONS
More specific provisions of this Code shall be followed in lieu of more general provisions which
may be more lenient than, or in conflict with the more specific provisions.
Rev. 8/01 (PoliciesProcedures/LandDevelopmentCode) 1-4
SECTION 21-09
CONFLICTING LANGUAGE OR PROVISIONS
In case of conflict within this Code or between this Code and the Code of Ordinances, the language
or provision which is most appropriate shall apply.
SECTION 21-10
SEVERABILITY
If any section, subsection, paragraph, sentence, clause, or phrase of this Code is for any reason held
by any court of competent jurisdiction to be unconstitutional or otherwise invalid, the validity of the
remaining portions of this Code shall continue in full force and effect.
SECTION 21-11
REPEAL OF PRIOR PROVISIONS
Table I-I lists the portions of the Code of Ordinances that are hereby superseded and expressly
repealed upon the effective date of this Code.
TABLE 1-1
REPEALED ORDINANCES AND DOCUMENTS
Ordinance No. 94-0-26 Existing Land Development Code
Appendix A Existing Zoning Ordinance
Chapter 2-46 thru 2-59 Citizen Code Enforcement Board
Chapter 2-101 thru 2-105 Supplemental Code Enforcement
Chapter 3 Advertising Signs
Chapter 4.3 Alcoholic Beverages
Chapter 7, Article XII Satellite Dishes
Chapter 9.5 Flood Control & Drainage
Chapter 11-29 thru 11-33 J unkyards
Chapter 14 Planning and Zoning Generally
Chapter 17, Article III Parking Requirements
Chapter 18 Trailers, Mobile Homes, Recreation Vehicles,
Parks and Parking
Chapter 19-111 thru 19-122 Wellfield Protection Areas
Chapter 20 Wetlands Protection
Rev. 8/01 (PoliciesProcedures/LandDevelopmentCode) 1-5
SECTION 21-12
EFFECTIVE DATE
These regulations shall be effective immediately on passage. Any application for a development
permit filed prior to the effective date of this Code shall continue to be processed according to the
requirements of the previous regulations unless the applicant voluntarily elects to develop under the
new regulations.
Section 21-13 through 21-19 reserved for future use.
Rev. 8/01 (PoliciesProcedures/LandDevelopmentCode) 1-6
ARTICLE II
DEFINITIONS
SECTION 21-20 - DEFINITIONS
21-20.01 - Intent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II-I
21-20.02 - Definitions .................................................. II-I
Article II
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ARTICLE II
DEFINITIONS
SECTION 21-20 - DEFINITIONS
21-20.01 - INTENT
Unless otherwise expressly stated the following terms shall, for the purposes of these regulations
have the meaning indicated. Words in the singular include the plural, and those in the plural include
the singular. Words used in the present tense include the future tense. The words "person,"
"subdivider," "developer" and "owner" include a corporation, unincorporated association and a
partnership or other legal entity, as well as an individual. The word "watercourse" includes channel,
creek, ditch, spring and streams.
The words "should" and "may" are permissive. The words "shall" and "will" are mandatory and
directive. Words not herein defined shall have the meanings given in Webster's Unabridged
Dictionary or the applicable state statutes and/or administrative rules. The words and terms herein
shall have the meanings ascribed thereto.
21-20.02 - Definitions
ABANDON means to discontinue an existing use of land or structure for 181 consecutive
days, other than cessation due to probate or mortgage foreclosure activities.
ABUT OR ABUTTING means to physically touch or border upon, or to share a common
property line, or be separated from such a border by an alley, easement, street or canal.
ACCESS means a dedicated, or recorded right-of-way, road, lane, alley or easement
affording perpetual ingress and egress to a subject property, to a public thoroughfare or to a water
body.
ACCESSORY BUILDING means a structure, the use of which is customarily incidental
and subordinate to that of the main building on the same lot, including but not limited to detached
garages, or carport, barns, greenhouse, woodshed, tool shed, gazebos, docks, boat houses and similar
uses that are used to shelter and/or protect equipment, supplies, chemicals, goods, furniture and the
like for use by the principal occupant.
ACCESSORY USE means a use that is incidental, related, appropriate and clearly
subordinate to the principal use of the building, lot or parcel and is under the direct control or
ownership of any person who occupies or operates the principal use of the same building, lot or
parcel.
Rev. 8/01 (PoliciesProcedures/LandDevelopmentCode) II-I
ACTUAL START means the first placement of, permanent construction of a structure on
a site, such as the pouring of slabs or footings, installation of piles, construction of columns, or any
work beyond the stage of excavation or the placement of a manufactured home on a foundation.
ADMINISTRA TIVE OFFICIAL means the Building Official or Planning Director of the
City of Edgewater.
ADULT DAY CARE CENTER means any building, buildings, whether operated for profit
or not, in which is provided through its ownership or management, for-a any part of a day, basic
services to three or more persons who are 18 years of age or older, who are unrelated to the owner
or operator by blood or marriage, and who require such services.
ADULT ASSISTED LIVING FACILITY (moved definition to alpha order)
ADVERTISING DISPLAY AREA OR DISPLAY AREA means the advertising display
surface area (copy area) which mav be encompassed within any regular geometric figure; and which
forms the informational component of a sign, not including the structural support components of a
sign.
AFFILIA TE means a person that directly or indirectly owns or controls, i5 0 W lied or
controlled by, or i5 tinder has common ownership or control with another person. For purposes of
this paragraph, the term own means to own an equity interest (or the equivalent thereof) of more than
10 percent.
AGRICULTURAL USE means the use of land in horticulture, floriculture, viticulture,
forestry, diary. livestock, poultry. beekeeping, pisciculture and all forms of farm products and farm
production.
AGRICULTURE means general farming activities and attendant accessory uses and
subsequent processing and industrial activities.
AIRCRAFT HANGER means an enclosed or semi enclosed building specifically intended
for the storage of aircraft.
ALLEY means a public right-of-way primarily designated to serve as a secondary means of
access to the side or rear of abutting properties having principal lot frontage on a street.
ALTERED OR ALTERATIONS means any change in a building's structural parts;
stairways; type of construction; kind or class of occupancy; light and ventilation; means of ingress
and egress; wiring, plumbing, heating or cooling system; and other changes affecting or regulated
by building codes or the ordinances.
Rev. 8/01 (PoliciesProcedures/LandDevelopmentCode) II-2
AL TERA TION in regards to Historic Preservation means any act that changes the exterior
features of a designated property.
AL TERED WETLAND means wetlands that have been substantially affected by
development, but which continue to provide some environmental benefit.
AL TERNA TIVE SUPPORT STRUCTURE means structures, other than
telecommunication towers, including, but not limited to: buildings; water towers; light poles; power
poles; telephone poles and other public utilities structures.
AMORTIZA TION OR AMORTIZING means a method of eliminating nonconforming
uses by requiring the termination of the nonconforming use after a specified period of time.
ANIMAL BOARDING means the housing of animals for compensation for more than 12
hours.
ANTENNA means any system of wires, poles, rods, reflecting discs or similar devices, used
for the transmission or reception of electromagnetic waves external to, or attached to, the exterior
of any building.
APARTMENT. see "Dwelling" for various housing types.
APPEAL means a request for a review of an administrative interpretation of any provision
of this Code, or a decision made by any City official, City board or the City Council.
APPLICANT means any person who submits appropriate documentation as required by the
City relating to all aspects of this Code.
AQUACULTURE means raising aquatic animals for sale.
AQUACULTURE, LIMITED means the cultivation, production and raising ofthe natural
products of water including hatcheries, nurseries and maintenance of products in above ground tanks
less than 10,000 gallons of capacity.
AREA OF SHALLOW FLOODING means a designated AO or VO zone on a
community's Flood Insurance Rate Map (FIRM) with base flood depths from 1 to 3 feet where a
clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate
and where velocity flow may be evident.
AREA OF SPECIAL FLOOD HAZARD means the land in a flood plain in a community
subject to a one percent or greater chance of flooding in any given year.
Rev. 8/01 (PoliciesProcedures/LandDevelopmentCode) II - 3
AS-BUILT SURVEY means a survey which depicts the location and dimension of all
structures, parking areas, stormwater management facilities and associated grades, road easements
or other improvements as may be required or constructed on the parcel and includes the location and
limits of the lOa-year flood plain, if any.
ADULT ASSISTED LIVING FACILITY (ALF) means a residential facility, for more than
three persons unrelated to the owner, where shelter and services are provided and may include meals,
housekeeping, and personal care assistance. Residents shall not be under in-house nursing/medical
care.
Facilities which provide for a specific number of residents are listed below.
FAMILY RESIDENTIAL HOME means a dwelling unit licensed to serve clients of the
Department of Children and Families (formerly Department of Health and Rehabilitative
Services) and other authorized agencies, which provides a living environment for six (6) or
fewer unrelated residents who operate as the functional equivalent of a family, including such
supervision and care by supportive staff as may be necessary to meet the physical,
emotional and social needs of the residents. The term "family residential home" shall
include congregate care facilities, foster homes, group care homes, litH ~ilig llonlc~, and child
care facilities with six (6) or fewer residents and that otherwise meet the definitional
requirements of a family residential home.
COMMUNITY RESIDENTIAL HOME means a dwelling unit licensed to serve clients
of the Department of Children and Families (formerly Department of Health and
Rehabilitati ve Services) and other authorized agencies, which provides a Ii ving environment
for seven (7) to fourteen (14) unrelated residents who operate as the functional equivalent
of a family, including such supervision and care by supportive staff as may be necessary
to meet the physical, emotional and social needs of the residents. The term "community
residential home" shall include congregate care facilities, foster homes; and group care
homes, ntH~ing IIOlIlC~, and child calC facilitic,~ with seven (7) to fourteen (14) residents and
that otherwise meet the definitional requirements of a community residential home.
Community residential homes shall not be located within a radius of 1000 feet of another
existing such home
INSTITUTIONAL RESIDENTIAL HOME means a dwelling unit licensed to serve
clients of the Department of Children and Families (formerly Department of Health and
Rehabilitative Services) and other authorized agencies, which provides a living environment
for more than fourteen (14) unrelated residents who operate as the functional equivalent of
a family, including such supervision and care by supportive staff as may be necessary to meet
the physical, emotional and social needs of the residents. The term "institutional residential
home" shall include litH~ilig honlc~, congregate care facilities, foster homes; and group care
homes alid child Calc, facilitic~ with more than fourteen (14) residents and that otherwise
meet the definitional requirements of institutional residential home.
Rev. 8/01 (PoliciesProcedures/LandDevelopmentCode) 11-4
AUTOMOTIVE PAINT AND BODY SHOP means an establishment for automotive
bodywork including the painting, repainting, restoring of a vehicle, parts or components including
engine removal or dismantling, straightening or welding of vehicle frames or body parts, or the
performance of other related vehicle services.
AUTOMOTIVE REPAIR means a use or establishment performing mechanical repair or
serving work to automobiles and light trucks and does not include large trucks or other mechanical
equipment. The term does not include any of the following activities or uses:
(a) Vehicle paint and body shop.
(b) Vehicle fabrication or assembly uses.
(c) Vehicle welding services or repairs.
AUTOMOTIVE SERVICE STATION means an establishment that is used primarily for
the retail sale and direct delivery to motor vehicles of motor fuels and lubricants.
A WNING means a roof-like structure, regardless of the material used for construction,
attached to a building which shelters doors or windows from the weather.
BANNER SIGN means any sign intended to be hung either with or without frames,
possessing characters, letters, illustrations or ornamentation applied to paper, plastic or fabric of any
kind, including such signs stretched across or hung over any public right-of-way.
BASE FLOOD means the flood having a one-percent (I %) chance of being equaled or
exceeded in any given year (lOa year storm event).
BASE FLOOD ELEV A TION means the maximum elevation above mean sea level
expected to be reached by flood waters during a 100 year storm event.
BASEMENT means that portion of a structure having its finished floor (below ground level)
on all sides.
BEACON LIGHT SIGN means any sign or device which includes any light with beams
capable of being revolved automatically.
BED AND BREAKFAST means a house or portion thereof where lodging rooms are
available for short term rental and meals may be provided to the guests renting the rooms and where
the operator of the establishment lives on the premises.
BENCH SIGN means a bench or bus shelter upon which a sign is drawn, painted, printed,
or otherwise affixed thereto, as further described in Chapter 337.408,FS.
Rev. 8/01 (PoliciesProcedures/LandDevelopmentCode) II - 5
BERM means a manmade or natural mound of earth located so as to form a mound above
the general elevation of the adjacent ground or surface.
BILLBOARD SIGN means a sign that directs attention to a business, commodity, service
or entertainment conducted, sold or offered at a location other than the premises on which the sign
is located.
BLOCK means a tract of land existing within well defined and fixed boundaries, usually
being a group of lots surrounded by streets or other physical barriers.
BOA T HOUSE means an accessory structure typically but not necessarily attached to a dock
designed and used for the protection and storage of boats and boating supplies.
BOUNDARY LINE means a delineation that indicates or defines limits between differing
lot or property lines.
BOUNDARY SURVEY means a survey that depicts the physical boundaries and dimensions
of a parcel and its legal description.
BREAK POINT means the location on a communication tower of a designed feature which,
in the event of a tower failure, would result in the tower falling entirely within the boundaries of the
property on which it is located.
BREAKA WAY WALL means a wall that is not part of the structural support of the building
and is intended through its design and construction to collapse under specific lateral loading forces
without causing damage to the elevation portion of the building or the supporting foundation system.
BUFFER means a land area of specified width and/or height which is used to separate one
use from another, or to shield or block noise, lights, or other nuisances.
BUILDABLE AREA means that portion of a lot remaining within the established front, rear
and side setbacks.
BUILDING means any structure designed or built for the support, enclosure, shelter or
protection of persons, animals, chattels or moveable property of any kind.
BUILDING ADDITION means any expansion to the perimeter of a building to which the
addition is connected.
BUILDING FRONTAGE means the side of a building facing the principal road, street,
highway or easement serving the building.
Rev. 8/01 (PoliciesProcedures/LandDevelopmentCode) II-6
BUILDING HEIGHT means the vertical distance measured from the fillished gUide
minimum floor elevation to the average point of the roof peak.
BUILDING PERMIT EXPIRATION means every permit issued shall become invalid
unless the work authorized by such permit is commenced within six months after its issuance, or if
the work authorized by such permit is suspended or abandoned for a period of six months after the
time the work is commenced. One or more extensions of time, for periods not more than 90 days
each, may be allowed for permit. The extension shall be requested in writing and justifiable cause
demonstrated. Extensions shall be in writing by the Building Official.
BUILDING SETBACK LINE means a line within a lot or other parcel of land so
designated on the final plat, between which line and the adjacent boundary of the street or street
widening setback line, where applicable, upon which the lot or parcel abuts the erection of a building
is prohibited, as prescribed by the zoning ordinance.
BULKHEAD LINE means a line established to fix the maximum distance from the
shoreline within which filling may occur.
CALIPER means the trunk diameter of trees at a predetermined point.
CANOPY (FREESTANDING)/TEMPORARY CARPORTS means a rigid luulti-sided
supported structure (capable of disassembly) covered with fabric, luetal, 01 othel luat'-l ial and
supported by columns or posts embedded in the ground and/or attached at other points. Does not
include the term carport.
CAPACITY means the availability of a public or private service or facility to accommodate
users, expressed in an appropriate unit of measure such as gallons per day or average daily trips.
CARTWAY means the actual road surface areas from curb line to curb line or the hard
surface road width of the road surface when no curbs are present.
CARPORT means an accessory structure or portion of a principal structure consisting of
roofed area open on one, two, or three sides and free standing or attached to the main building by
support members for storage of one or more vehicle. Does not include the term canopy
(freestanding).
CAMOUFLAGE COMMUNICATION TOWER means a tower designed to merge and
blend into and conform in appearance with existing surroundings. An example of a camouflage
communication tower would be one that is constructed in the form and shape of a tree in order to
appear to be part a forested area or a tower constructed to appear to be a component of a bell tower
or to be or appear to be a component of church steeple in order for the tower to be or appear to be
part of these more aesthetically pleasing structures pursuant to Chapter 497, FS (2000).
Rev. 8/01 (PoliciesProcedures/LandDevelopmentCode) II-7
CEMETERY means land used or intended to be used as a burial ground or burial place of
the human dead and dedicated for crematories, mausoleums and mortuaries if operated in connection
within the boundaries of such cemetery.
CERTIFICA TE OF CONCURRENCY means a statement issued by the City and relating
to a specific development project on a specific parcel of real property or part thereof, which is valid
and states that all concurrency requirements are satisfied and that a specified quantity of concurrency
facilities is reserved for a specified period of time.
CERTIFIED LOCAL GOVERNMENT means a government meeting the requirements
of the National Historic Preservation Act Amendments of the 1980 (P.A. 96-515) and the
implementing regulations of the U. S. Department of the Interior and the State of Florida.
CHANGEABLE COPY SIGN means a sign that is designed so that characters, letters or
illustrations can be changed or rearranged, including billboards.
CHILD CARE FACILITY means any child care center or child care arrangement which
provides child care for more than five children under the age of 18 unrelated to the operator and
which receives a payment, fee, or grant for any of the children receiving care, wherever operated, and
whether or not operated for profit. The following are not included:
(a) Public schools and nonpublic schools and their integral programs, except as provided
in S7 Chapter 402:3BZ5 . FS (2000);
(b) Summer camps having children in full-time residence;
(c) Summer day camps; and
(d) Bible schools normally conducted during vacation periods; and
llU Extended day/after school programs.
CITY means the City of Edgewater, a Florida municipal corporation.
CITY COUNCIL means the governing body of the City.
CITY ENGINEER means a professional engineer employed by the City or the designated
consultant professional engineer.
CLEARING means the removal oftrees and/or brush from a parcel, not including mowing.
CLUB means a building or facilities owned or operated by a corporation, association, person
or persons for a social, educational, or recreational purpose, but not primarily for profit or to render
a service which is customarily carried on as a business and where the serving or sale of alcohol is
not the primary use.
Rev. 8/01 (PoliciesProcedures/LandDevelopmentCode) IT-8
COASTAL HIGH HAZARD ZONE OR AREA means the area subject to high-velocity
waters caused by, but not limited to, hurricane wave wash found in Category I storms. The area is
designated on a FIRM as zones VI-30, VE or V.
CODE OF ORDINANCES means the laws, rules and regulations of the Citv of Edgewater
which shall include, but not be limited to, the Code of Ordinances and the Land Development Code.
COMMERCIAL MOBILE SERVICES means the communications Act and the FCC's
rules, and include cellular telephone services regulated under Part 22 of the FCC's rules, SMR
services regulated under Part 90 of the FCC's rules, and PCS regulated under Part 21 of the FCC's
rules.
COMMUNICATION ANTENNA means an antenna designed to transmit or receive
communications as authorized by the Federal Communications Commission (FCC).
COMMUNICA TION TOWER means a tower greater than 35 feet in height (including the
antenna component) which supports communication (transmission or receiving) equipment. Amateur
radio operators' equipment, as licensed by the FCC, shall not be deemed a communication tower.
COMMUNITY WATER SYSTEM - means a public water system which serves at least
15 service connections used bv year-round residents or regularly serves at least 25 year-round
residents.
COMPATIBILITY means a condition in which land uses or conditions can coexist in
relative proximity to each other in a stable fashion over time such that no use or condition is
negatively impacted directly or indirectly by another use or condition.
COMPREHENSIVE PLAN means an ordinance of the City which contains the official
statement of public policy for the development and/or redevelopment of the City, and which
conforms to the relevant requirements of Chapter 163, Part II, FS and the appropriate portions of the
Florida Administrative Code.
CONCEPTUAL PLAN means a preliminary presentation and attendant documentation of
a proposed development project of sufficient accuracy to be used for meaningful discussion.
CONSTRUCTION PLANS means signed and sealed drawings by appropriate professional,
and/or specifications indicating specific locations of site improvements and other similar matters.
CONSTRUCTION SIGN means any sign giving the names of contractors, design
professionals and lending institutions responsible for construction occurring on the same parcel.
CONCURRENCY MANAGEMENT means the procedure and process that the City uses
to ensure that no development order or permit is issued by the City unless the necessary Concurrent
Rev. 8/01 (PoliciesProcedures/LandDevelopmentCode) 11-9
public facilities are available. This means public facilities and services for which a Level of Service
(LOS) must be met concurrent with the impact of development, or an acceptable deadline as
mandated in the Comprehensive Plan pursuant to Chapter 163, Florida Statutes, and 9J-5.0055,
Florida Administrative Codes, and shall include but may not be limited to:
(a)
(b)
(c)
potable water
sanitary sewer
drainage
(d)
(e)
(f)
recreation/open space
solid waste
roadways
CONDITIONAL USE means a use within a zoning district which may be permitted,
pursuant to express standards and criteria which are consistent with the Comprehensive Plan.
CONTIGUOUS means lands which abut each other or are separated by streets, ways,
easements, pipelines, power lines, conduits, or rights-of-way under ownership of the petitioner, or
a governmental agency ies, or subdivision, or public or private utility.
COSTS with regard to hazardous substances means those necessary and reasonable costs
incurred by the City in connection with investigating, mitigating, minimizing, removing or abating
discharges of hazardous substances, including but not limited to: the actual labor costs of city
personnel or authorized agents, cost of equipment operation and rental, cost of expendable items,
including but not limited to firefighting foam, chemical extinguishing agents, absorbent material,
sand, recovery drums, goggles and protective clothing (both structural and chemical protective,
disposable or standard use). Costs shall further include overhead costs and indirect expenses
allocable to the foregoing costs.
CREMA TORIUM means an establishment in which a deceased body is reduced to ashes
in a furnace. This type of facility must be licensed with the Florida Department of Business and
Professional Regulation and meet the criteria of the Florida Department of Health Department of
Environmental Protection, pursuant to Florida Statutes, Chapter 470.025.
DECISION OR RECOMMENDATION regarding Historic Preservation means when
referring to the Recreation/Cultural Services Board, the executive action taken by the Board on an
application for a designation or a certificate of appropriateness regardless of whether that decision
or recommendation is immediately reduced to writing.
DEMOLITION means any act that destroys in whole or in part, a building or structure,
landmark or archeological site Of buildilIg Of stlUcttllC,.
DENSITY means an objective measurement of the number of residential units allowed per
unit of land.
DESIGN CAPACITY means the limit of capacity of a public facility beyond which it ceases
to function efficiently.
Rev. 8/01 (PoliciesProcedures/LandDevelopmentCode) II-IO
DEVELOPER means any person, partnership or corporation, or duly authorized agent who
undertakes any material changes to land or other development activities tIlG subdi vision oflalid under
these regulations.
DEVELOPMENT AGREEMENT means an agreement entered into between the City and
another party associated with the development of land, including agreements associated with
development orders issued pursuant to Section 163.3220 -.3243, FS and Section 21-101 ofthis code.
DEVELOPMENT means the carrying out of any building activity or mining operation, the
making of any material change in the use or appearance of any structure or land, or the dividing of
land into three (3) or more parcels and includes the following activities or uses:
(a) A reconstruction, alteration of the size or material change in the external appearance
of a structure or land;
(b) A change in the intensity of use of land, such as an increase in the number of
dwelling units in a structure, or on land, or a material increase in the number of
businesses, manufacturing establishments, offices, or dwelling units in a structure or
on land;
(c) Alteration of a shore or bank of a seacoast, river, stream, lake, pond, or canal
including any "coastal construction" as defined in Section 161.021, Florida Statutes;
(d) Commencement of drilling, except to obtain soil samples, mining, or excavation on
a parcel of land;
(e) Demolition of a structure;
(f) Clearing of land as an adjunct of construction;
(g) Deposit of refuse, solid or liquid waste, or fill on a parcel of land; or
(h) The subdivision of land consistent with this regulation.
When appropriate to the context, "development" refers to the act of developing or to the result of
development.
DEVELOPMENT ORDER means an order or permit granting, denying, or granting with
conditions an application for a development permit.
DEVELOPMENT SIGN means a sign designed and intended to advertise and promote the
sale of buildings or subdivided lots on the same parcel.
DIAMETER AT BREAST HEIGHT (DB H) means the diameter of a tree, measured 4-112
feet above the average ground elevation at its base. If the tree, or shrub forks 4-112 feet above the
ground level, it is measured below the swell resulting from the double stem. Stems that fork below
4-1/2 feet above the ground level should be considered a separate plant.
DIRECTORY SIGN means a sign on which the names and locations of occupants or the
use of a building is given.
Rev. 8/01 (PoliciesProcedures/LandDevelopmentCode) II-II
DISCHARGE shall mean any intentional or unintentional action or omission resulting in
the releasing, spilling, pumping, pouring, emitting, emptying or dumping of a hazardous substance
upon public or private property located within the corporate limits of the City.
DOCUMENT A TION means any photographs, slides, drawings, plans, electronic media.>
or additional written description or narrative relating to the specific matter.
DREDGING means excavation by any means that occurs in a water body or which is, or
is proposed to be, connected to a water body via excavated water bodies or a series of excavated
water bodies.
DWELLING means any building or portion thereof designed or used exclusively for
residential living occupancy.
DWELLING TYPES
SINGLE-FAMILY means a residential building designed for, or occupied
exclusively by one family.
DUPLEX means a residential building containing two dwelling units joined
by a minimum 2-hour rated fire wall each having separate entrances and kitchen
facilities.
MULTI-FAMILY means a residential building on one parcel of land
designed for, or occupied exclusively by three or more families with separate
housekeeping and cooking facilities for each unit.
APARTMENT means a rented or leased room, or a suite of rooms,
occupied, or which is intended or designed to be occupied as the home or residence
of one individual, family, or household for housekeeping purposes with each unit
separated by a minimum two one-hour rated fire wall.
TOWNHOUSE means a one family dwelling in a row of at least three such
units in which each unit has its own front and rear access to the outside, no unit is
located over another unit, and each unit is separated from any other unit by one or
more common file. lcsistant walls wall with a minimum 2-hour rated fire wall.
GARAGE APARTMENT means a two story attached accessory building
with a ground floor automobile storage and single family living quarters on the
second floor located in a multi-family designated district.
GARDEN APARTMENT means a residential building containing more than
four apartments, not exceeding three stories in height with units located side by side
Rev. 8/01 (PoliciesProcedures/LandDevelopmentCode) II -12
and on top of each other with each unit separated by a minimum z. one-hour rated fire
wall.
UNIT means a group of interrelated rooms which are intended or designed
for the use of one family, separated from other spaces by lockable doors, having
access to the outdoors without crossing another dwelling, having living and sleeping
facilities and cooking facilities, fixed or portable, and complete sanitary facilities.
MID-RISE means a residential building containing more than four
apartments, not less than four stories with units located side by side and on top of
each other.
CLUSTER HOUSING means a development involving two or more
detached dwellings to be constructed on a parcel on which all land areas not occupied
by dwelling units shall be designated as common space.
DEMOLITION 11leam; al1} aa tllat destloys in whole, 01 il1 palt, a landlualk, lal1dlualk site
01 bnildil1g 01 stl nGtme. (Duplicate)
DOCUMENTATION 11leal1S alJY phOtOglaplls, slides, dla~ ings, plal1s 01 ~ dttcn
il1f'Ollhation al1d/Ol desGliptiol1s. (Duplicate)
EASEMENT means any strip of land created by a subdivider, or granted by the owner for
public utilities, drainage, sanitation or other specified and limited uses lla v il1g linlitatiol1s, the title
to which shall remain in the name of the property owner subject to the right of use designated in the
conveyance.
ELEVATED BUILDING means a non-basement building built to have the lowest floor
elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, columns
(posts and piers), sheal walls, 01 bleaka~ay walls.
EMF (electromagnetic field) means a wireless communication.
ENGINEER means a person practicing engineering and licensed in the State of Florida
pursuant to the requirements of Chapter 471, FS.
ENVIRONMENTAL CONSTRAINTS means natural resources or natural characteristics
that are sensitive to improvements and require mitigative actions to be maintained by owner.
EQUIPMENT means the implements used in an operation or activity.
EQUIVALENT RESIDENTIAL UNIT (ERU) means 25 gallons per day per fixture in all
proposed structures as calculated by the Building Official using the most recent American Water
Works Association data divided by 250 gallons per day which equals I ERU. This formula is used
Rev. 8/01 (PoliciesProcedures/LandDevelopmentCode) II-13
to calculate expected water generated from a proposed project for capital improvement and impact
fee purposes. Sewer flow shall be calculated at 25 gallons per day per fixture count divided by 225
which equals 1 ERU.
ERECT shall mean to build, construct, attach, hang, place, suspend or affix , whether
temporary or permanent, and shall include the painting of wall signs.
ERECTED means attached, altered, constructed, enlarged, reconstructed, or moved whether
temporary or permanent.
EXCHANGE ACCESS means the offering of access to telephone exchange services or
facilities for the purpose of the origination or termination of telephone toll services.
EXISTING CONSTRUCTION means any structure for which the "start of construction"
commenced before June 17, 1974.
FAC means the most current version of the Florida Administrative Code which is the
administrative rules implementing state statutes.
F AMIL Y means a group of individuals living under one roof. Those who dwell under the
same roof and compose a family; a social unity comprised of those living together in the same
dwelling.
FENCE means an artificially constructed barrier made or specifically sold as fencing
material erected to enclose a parcel or portion thereof. For the purposes of this article shrubs of at
least four feet high that create a visual buffer shall be considered a fence.
FIREWALL means a wall as described in the SOtltklll Standard Building Code which is
of sufficient fire resistence, durability and stability to withstand the effects of an uncontrolled fire
exposure, which may result in collapse of the structural framework on either side. Openings in the
wall, if allowed, must be protected.
FIXED BASE OPERATIONS means directly related activities to operate and support an
airport and its users.
FLASHING SIGN means any sign with a lighting device or devices that go on and off
alternately, except signs displaying only time and temperature signs.
FLOOD OR FLOODING means a general and temporary condition of partial or complete
inundation of normally dry land areas from:
(a) The overflow of inland or tidal waters
(b) The unusual and rapid accumulation or runoff of surface waters from any source.
Rev. 8/01 (PoliciesProcedures/LandDevelopmentCode) 11-14
FLOOD HAZARD AREA means land in the flood plain within a community which is
subject to a one percent (1 %) or greater chance of flooding in any given year. Also defined as the
one hundred (100) year storm flood cJc,vation event or Base Flood.
FLOOD INSURANCE RATE MAP (FIRM) means an official map on which the Federal
Emergency Management Agency has delineated both the areas of special flood hazard and the risk
premium zones applicable to the community.
FLOOD INSURANCE STUDY means a Federal Emergency Management Agency (FEMA)
report containing flood profiles, flood boundary maps and the water surface elevation of the base
flood.
FLOODW A Y means the channel of a river or other watercourse and the adjacent land areas
that must be reserved in order to discharge the base flood without cumulatively increasing the water
surface elevation more than 1 foot.
FLOOD PLAIN means boundaries of the special flood hazard area indicating a flood having
one percent (1 %) chance of occurrence in any given year as indicated on the fEederal ilnsurance-r
Rate mMap (FIRM) fElood hHazard bBoundary mMap. Flood plain can also be defined as or
include a ten (10) year, twenty-five (25) year or one hundred (100) year storm event.
FLOOR means the top surface of an enclosed area in a building, i.e., top of slab in concrete
slab construction or top of wood flooring in wood frame construction, but does not include the floor
of a garage used solely for parking vehicles.
FLOOR AREA means the sum of the gross horizontal area of the several floors of a
building, except that in structures used as a residence, cellar, basement, garage, carport, patio, porch
and attic floor area not devoted to living use shall be excluded. All dimensions shall be measured
between exterior faces of walls or the center line of the wall separating two attached buildings.
FLOOR AREA RA TIO (FAR) means the gross floor area of a building or structure divided
by the gross area of the parcel.
FOWL means any guineas, peafowl, pigeons, pheasants or poultry or similar wild birds.
FRONTAGE see "Lot Frontage."
FS means the most current version of the Florida Statutes.
FUTURE LAND USE MAP (FLUM) means a graphic representation of the land use
categories adopted as part of the Edgewater Comprehensive Plan. The Future Land Use Map may
also be referred to as the "Land Use Map" or "Future Land Use Map Series."
Rev. 8/01 (PoliciesProcedures/LandDevelopmentCode) II -15
GARAGE means an accessory building incidental to a dwelling unit which is intended for
the off-street storage of motor vehicles belonging to the inhabitants of the dwelling unit on the parcel
on which the garage is located; and is not intended to be used for any commercial business purpose.
GRADE means the slope of a road, street, unimproved land, ete:-; or any other land improved,
altered or changed: specified in percent.
GROUND SIGN mean a sign that is anchored to, and not elevated above, the ground and
maintains essentially the same contour from the ground to the top of the sign.
GUEST COTTAGE means living quarters within a detached accessory building located on
the same lot or parcel as the main building to be used exclusively for housing members of the family
occupying the main building and/or their nonpaying guests; such quarters shall have no kitchen
facilities and shall not be rented or otherwise used as a separate dwelling.
GUYED TOWER means a communication tower that is supported, in whole or in part, by
guy wires and ground anchors.
HAZARDOUS MATERIALS means any substance or material, solution, mixture, or a
formulation containing such materials and includes any material which due to its chemical
composition poses an unreasonable and eminent risk to the life, health, safety or welfare of persons,
property or environment. Materials deemed hazardous are as specified in the following:
(a) Chapter 38F-41 of the Florida Administrative Code
(b) Title 40 of the Code of Federal Regulations, Part 261
(c) Title 40 of the Code of Federal Regulations, Part 302.4
(d) Title 40 of the Code of Federal Regulations, Part 355
HEALTH/EXERCISE CLUB means an establishment which provides for athletic and
physical force training or health and recreational exercise whether private or public.
HIGHEST ADJACENT GRADE means the highest elevation of the ground surface, prior
to construction, next to the proposed walls of a structure.
HISTORIC DISTRICT means a geographically definable area, urban or rural, possessing
a significant concentration, linkage, or continuity of sites, buildings, structures, objects or areas,
which are united by past events. A district also may be comprised of individual resources which are
separated geographically but are linked by association or history.
HOME OCCUPATION means a commercial enterprise within a residence for the purpose
of sending and receiving communication, maintaining records and similar functions; and where no
business is conducted other than by phone, mail or electronically; and employing no person other
than an occupant of the residence. No commercial delivery shall be allowed.
HOSPITAL means an institution where the sick or injured are given medical or surgical
care.
Rev. 8/01 (PoliciesProcedures/LandDevelopmentCode) II-16
HOTEL see "MoteL"
ILLEGAL SIGN means a sign that does not meet the requirements of this Al tide Code and
that has not received nonconforming status.
ILLUMINA TED SIGN shall mean any sign illuminated in any manner by an artificial light
source.
IMPERVIOUS SURFACE AREA (ISA) means the area of a lot or parcel of land covered
by any part of a building, street, parking lot, or any other structure, improvement, facility or materia],
except roof overhang which restricts natura] percolation by rain water. This includes swimming
pools, all asphalt, brick or wooden surfaces and areas devoted to any outdoor storage and/or display
of materials and merchandise. Unpaved parking shall be considered impervious surfaces.
IMPERVIOUS SURFACE RATIO (ISR) means the gross impervious surface area divided
by the gross area of the parcel.
IMPROVEMENT means any building, structure, construction, demolition, excavation,
landscaping, or any part thereof existing, built, erected, placed, made, or done on land or other rea]
property for its permanent benefit. Property abutting a street, waterway or utility easement shall be
considered improved.
IMPROVEMENT, SUBSTANTIAL nlcali~ aliY lepail, lCColi~tlUction 01 inlplOvClllcnt of
a ~tltlcttlle, t]IC co~t of w]lich cqua]5 01 excecd~ 50 peleelit of thc fail lllalkct value of tIlC ~tltlcttllC
Gitllel. (a) bdolC ill1plO vehlelit i~ 5tal tcd, 01 (b) bdole tile danlagc OCCUlled if tk. ~tl uctUIC ha~ becn
dalllaged and i~ bcilig le5tOlcd. Sub~talitia] inlplOvClllc,nt i5 ~taltcd when tIlC fil~t a]tclation of thc
~tltlcttlla] palt of tllc buildilig commCliCC~. (Dup]icate-under IT-3D)
INFILL DEVELOPMENT means the addition of new housing or other buildings on
scattered vacant sites or platted lots in a developed area or subdivision.
INFORMA TION SERVICES means the offering of a capability for generating, acquiring,
storing, transforming, processing, retrieving, utilizing, or making available information via
telecommunications, and includes electronic publishing, but does not include any use of any such
capability for the management, control, or operation of a telecommunications system or the
management of a telecommunications service.
INTEGRAL SIGN means memorial signs or tablets, including names of buildings and date
of erection when cut into any noncombustible materials mounted on the face of a building.
JUNKY ARD see "Salvage Yards."
KENNEL means any building or buildings, and/or land used, designed or arranged to
facilitate the raising, breeding, boarding or grooming of animals or fowl for commercial purposes.
Rev. 8/01 (PoliciesProcedures/LandDevelopmentCode) IT-I?
LAND PLANNING AGENCY means the Planning and Zoning Board as designated
pursuant to the requirements of Chapter 163.3174, FS.
LANDMARK in regards to Historic Preservation means a building or structure meeting one
or more of the criteria required in Article XIV of this Code. A "landmark" shall include the location
of significant archeological structures, features or of an historical event.
LANDMARK SITE in regards to Historic Preservation means the land on which a landmark
and related buildings and structures are located and the land that provides the grounds, the premises
or the settings for the landmark.
LA TTICE TOWER means a telecommunication tower that is constructed without guy wires
and ground anchors.
LEVEL OF SERVICE STANDARD (LOS) means the volume of capacity per unit of
demand for certain public facilities as adopted in the Comprehensive Plan.
LITTER means any garbage, rubbish, trash, refuse, cans, bottles, boxes, container paper,
tobacco products, tires, appliances, electronic equipment, mechanical equipment or parts, building
or construction material, tools, machinery, wood, motor vehicles or motor vehicle parts, vessels,
aircraft, farm machinery or equipment, sludge from a water treatment facility, water treatment plant
or pollution control facility; or substances in any form resulting from domestic, industrial,
commercial, mining, agriculture or governmental operations as defined in Chapter 403.413, FS.
LIVING AREA means space in a structure in which the air is conditioned by heating and/or
air conditioning and the space is habitable and enclosed.
LOADING SPACE means a space within, or adjacent to, the main building on a lot
providing for the standing, loading or unloading of trucks.
LOCAL EXCHANGE CARRIER 111eallS any pelsoiI that is ehgaged in the plovision of
telephone excllahge sel v ice 01 excllahge access. SUell tcr III docs hot iiIclude a pel SOh ihsofal as SUell
pelsoll is ellgagcd in tile PlOy ision of a COlllnlc,lciallllobile sel vice uhdcr section JJ2 (c.), excc,pt to
the extellt tllat the PCC fiiIds that SUell sel v ice should be included in tile dc.fihitioiI of such tGll1l.
LOCAL REGISTER in regards to Historic Preservation means a lllc,ahS method by which
to identify and classify various sites, buildings and objects as historic and/or architecturally
significant.
LOCA TION means any lot, premises, building, structure, wall or any place whatsoever upon
which a sign, structure or dwelling is located.
LOT means a lot of lecold, lawfully cleated by deed 01 cOhveyaiIce, 01 by tile subdivision
of land which has been leeolded in the Public Records of Volusia Comity. In any case of di visioiI
01 cOlllbihatiOll of lots, no lot 01 palcd sllall be cleated w lIieh does 1I0t Illeet tile I equilelllcnts of tllis
€ode:- an area of land which abuts a street and which either complies with or is exempt from the
Rev. 8/01 (PoliciesProcedures/LandDevelopmentCode) 11-18
City's regulations. and is sufficient in size to meet the minimum area and width requirements for its
zoning classification as established in Article ill of the Land Development Code or in Article VII
entitled "Non-Conforming Uses" or a subdivision or any other tract or parcel of land. including the
airspace above or contiguous thereto. intended as a unit for transfer of ownership or for development
or both. The word "lot" includes the word "plot". "tract" or "parcel".
LOT AREA means the total horizontal area within the boundaries of a lot of record.
LOT, CORNER means either a lot bounded entirely by streets, or a lot that adjoins the point
of intersection of two or more streets and includes lots on curves.
LOT COVERAGE means that portion of the lot area expressed as a percentage, occupied
by all buildings. , pavc.d parking and ~tItlc.ttllc.~, ~hicll alc. illIpC.l viotl~ ~tllfaGc.~.
LOT, FLAG means a lot or building site which has minimum required frontage on a public
or private street typically behind another lot also fronting on the same street shaped similar to a flag.
LOT FRONT AGE means any portion of a lot which fronts upon a public or private street.
The primary front line is that frontage on which the address is given.
LOT, THROUGH (DOUBLE FRONTAGE) means any lot, not on a corner, having both
the front and rear property lines adjacent to a public street.
LOT LINE means the boundary of a lot.
LOT LINE, FRONT means the continuous line formed by the lot frontage.
LOT LINE, REAR means any lot line, except a front or side lot line.
LOT LINE, SIDE means a continuous line which runs back from an intersection with the
lot front line, and which forms the boundary line between the lot and the adjacent parcel of land.
LOT LINE, ZERO means a single family dwelling unit sited on a lot contiguous to one side
lot line with no more than a 5 foot separation.
LOT OF RECORD means a lot or parcel whether or not a part of a subdivision which exists
as shown or described on a plat or deed in the Official Records of V olusia County as of June 17,
1974.
LOUNGE means a building or portion of a building wherein alcoholic beverages are sold
by the drink and consumed on the premises (includes the word Nightclub).
LOWEST FLOOR means the lowest floor of the lowest enclosed area (including basement).
An unfinished shed or flood-resistant enclosure which is not within a basement but which is usable
solely for parking of vehicles, building access or storage purpose, is not considered a building's (or
structure's) lowest floor, providing such enclosure is built in compliance with applicable non-
Rev. 8/01 (PoliciesProcedures/LandDevelopmentCode) II-19
elevation design requirements of this Code.
MANGROVE STAND means an assemblage of mangrove trees which is mostly low trees
noted of a copious development of interlacing adventitious roots above the ground and which contain
one or more of the following species:
Black Mangrove
Red Mangrove
White Mangrove
Buttonwood
(A vicennia nitida)
(Rhizophora mangle)
(Laguncularia racemosa)
(Conocarpus erecta)
MANSARD means a sloped roof or roof-like facade architecturally comparable to a building
wall.
MANUFACTURED HOME (OR STRUCTURE) means a mobile home fabricated on or
after June 15, 1976, in an off-site manufacturing facility for installation or assembly at the building
site with each section bearing a seal certifying that it is built in compliance with the Federal
Manufactured Home Construction and Safety Standard Act.
MANUFACTURING means a premises, or portion of a premises, occupied by an
establishment primarily engaged in the making of a product, fabrication or processing of materials,
products or personal property.
MARQUEE means a permanent roof-like structure projecting beyond a building wall at an
entrance to a building or extending along and projecting beyond the building's wall that is designed
and constructed to provide protection against the weather.
MARQUEE SIGN means any sign on a marquee.
MEAN HIGH WATER means the average height of waters over a 19 year period. For
shorter periods of observation, "mean high water" means the average height of the high waters after
corrections are applied to eliminate known variations and to reduce the result to the equivalent of
a mean 19 year value.
MEAN SEA LEVEL means the average height of the sea for all stages of the tide and is
used as a reference to establish flood plain elevations.
MECHANICAL REPAIR see "VEHICLE REPAIR."
MICROWAVE means a dish antenna, or a dish-like antenna used to link communication
sites together by wireless transmission of voice or data.
MINI-WAREHOUSE means a structure, or structures in a controlled access and fenced
compound that contains varying sizes of individual compartmentalized and controlled access stalls
or lockers without water, sewer or electric connections for the dead storage of customers' goods or
wares.
Rev. 8/01 (PoliciesProcedures/LandDevelopmentCode) 11-20
MINOR SUBDIVISION means any division or re-division of a parcel of land in single
ownership whose entire area is ten (10) acres or less, into not more than three (3) lots if all of the
following requirements are met:
(a) All resultant lots or parcels front by at ~ least twenty feet (20') on an existing
public or private street and;
(b) The division or re-division does not involve the construction of any new street, road
or change in an existing street or road and;
(c) The division or re-division does not require the extension of municipal water or
sewer or the creation of any public improvement.
MIXED USED DEVELOPMENT means more than one (1) type of use in a single parcel
or structure.
MOBILE and LAND BASED TELECOMMUNICATION FACILITY means whip
antennas, panel antennas, microwave dishes, and receive-only satellite dishes and related equipment
for wireless transmission with low wattage transmitters not to exceed 500 watts, from a sender to
one or more receivers, such as for mobile cellular telephones and mobile radio system facilities.
MOBILE HOME means a structure, transportable in one (1) or more sections which is eight
(8) body feet or more in width, and which is built on an integral chassis and designed to be used as
a dwelling when connected to the required utilities and includes the plumbing, heating, air-
conditioning, and electrical systems contained therein. For the purpose of this section, a travel trailer
is not classified as a mobile home.
MOBILE HOME PARK means a parcel or tract of land of contiguous ownership where
lots or spaces are rented or leased to accommodate more than one (1) mobile home.
MODEL HOME CENTER means an area comprised of one (1) or more lots containing two
ffl one (1) or more model dwellings upon which active sales or demonstration activities are
conducted regardless of the ownership status of the model dwellings or lots.
MODULAR HOME see "Manufactured Home."
MONOPOLE TOWER means a telecommunication tower consisting of a single pole or
spire self supported by a permanent foundation, constructed without guy wires and ground anchors.
MOTEL means a building, or group of buildings, which contains sleeping accommodations
for transient occupancy and may have individual entrances from outside the building to serve each
such sleeping unit. Motels may have one (1) or more dining rooms, restaurants or cafes as accessory
uses. For the purposes of this Code, motel and hotel shall have the same meaning.
MOVABLE SIGN means any mobile 01 IlI0vc,ab1c sign or sign structure, not securely
attached to the ground or to any other structure, but does not include trailer signs as defined below.
Rev. 8/01 (PoliciesProcedures/LandDevelopmentCode) II-21
MOVING SIGN means a sign all or part of which is in motion, including fluttering, rotating,
revolving or any other motion.
MUNICIPALITY means a duly incorporated municipality in the County.
NA TIONAL GEODETIC VERTICAL DATUM (NGVD) means a vertical control used
as a reference for establishing varying elevations within the flood plain.
NEW CONSTRUCTION means any structure for which the "start of construction"
commenced after adoption of this article and includes any subsequent improvements to such
structure.
NIGHTCLUB See "Lounge."
NONCONFORMING BUILDING OR STRUCTURE means a structure or building
existing as of June 17, 1974 which does not conform to the property development regulations of area,
height, lot coverage, yard setbacks, lot location or other like requirements of the district in which it
is located.
NONCONFORMING LOT means an existing single lot, tract or parcel of land at the
effective date of this code which does not conform to the property development regulations of area,
lot width, depth or both or other like requirements of the district in which it is located.
NONCONFORMING USE means any use of land, building or structure which does not
conform to all of the provisions, requirements and regulations of this Code at the time of adoption.
NONCONFORMING SIGN means any sign that was a legal sign prior to adoption of this
CIlaptcI Code, but which does not conform to all of the requirements of this Code.
NONRESIDENTIAL ACTIVITY means any activity occurring on any described parcel
of land, whether or not within a structure, that is not a residential activity as defined herein.
NON-TRANSIENT NON. COMMUNITY WATER SYSTEM means a public water
system that is not a community water system and that regularly serves at least 25 of the same persons
over 6 months per year.
NUMBER PORTABILITY means the ability of users of telecommunications services to
retain, at the same location, existing telecommunications numbers without impairment of quality,
reliability, or convenience when switching from one telecommunications carrier to another.
NUISANCE means an offensive, annoying, unpleasant, or obnoxious object, odor, noise
or practice; a cause or source of annoyance, especially a continuing or repeated invasion or
disturbance of another's right, including the actual or potential emanation of any physical
characteristics of activity or use across a property line, which emanation can be perceived by or
Rev. 8/0] (PoliciesProcedureslLandDevelopmenlCode) II - 22
affects a human being.
NURSING HOME means a licensed and regulated facility for the aged, chronically ill or
incurable persons in which three (3) or more persons not of the immediate family are received, kept
or provided with food and shelter or care for compensation; but not including hospitals, clinics, or
similar institutions devoted primarily to the diagnosis and treatment of the sick or injured.
OCCUPATIONAL LICENSE means a permit to engage in an activity that requires
regulation and all regulated activities must operate from within a permanent structure.
OFFICIAL MAP means the map established by the City Council as amended from time to
time showing the streets, highways and parks thereafter laid out, adopted and established by the law
and any additions resulting from the approval of subdivision plans or annexations.
OPEN SPACE means an exterior open area clear from the ground upward and devoid of
structures and impervious areas.
OUTSTANDING FLORIDA WATERS (OFW) means special designation by the FDEP,
for waters worthy of special protection because of their natural attributes, pursuant to the criteria set
forth in Section 17-3.041 of the Florida Administrative Code. The eastern border of the City of
Edgewater along the Intracoastal Waterway also referred to as the Mosquito Lagoon, an aquatic
preserve, is considered an OFW.
OWNER means any person, partnership, corporation or corporations, or other legal entity
having legal title to the land sought to be subdivided or developed under this Code.
PANEL ANTENNA means an array of antennas designed to concentrate a radio signal in
a particular area.
PENNANTS shall include the terms "ribbons" and "streamers" and shall mean pieces of
cloth, flexible plastic or other flexible material intended to attract attention because of their bright
colors and/or flapping caused by action of the wind and shall include a single pennant, ribbon or
streamer or a series of such pennants, ribbons or streamers.
100 PERCENT CLEAR ZONE means the requirement that in the event of a tower failure,
the entire height of the tower would fall completely within the boundaries of the subject parcel.
PERMANENT CONSTRUCTION shall mean designed, constructed and intended to be
used for more than 180 days, but does not include land preparation, such as clearing, grading and
filling.
PERMANENT STRUCTURE means a building designed, and constructed from the ground
up, meeting all building code and fire protection standards and intended to be used for more than 180
Rev. 8/01 (PoliciesProcedures/LandDevelopmentCode) II - 23
days, but does not include land preparation, such as clearing, grading, and filling.
PERSON means any liatmal individual, firm, paitliGl5hip, association, organization, whether
social, fraternal of business, partnership, joil1t 5toGk GOIHpaliy, joint venture, trust company,
corporation, publiG 01 pi i vatG eOI pOI atioH 01 a receiver, syndicate, business trust, or other group or
combination acting as a unit, including any government. GXCcUtOi, tl u5tGG, G0l15GI vatol or otl.C!
IGplG5GI.tati vG appoilitcd by aliY Gom t or dGr or ili al1otl.Gr 1HalinGI.
PERSONAL SERVICES means a use primarily engaged to provide services involving the
care of a person's appearance or apparel.
PLACE OF WORSHIP means a premise~, or portion of a pi Gl1.i5G, occupied by a religious
organization operated primarily for worship and related activities: may also be called a church,
temple, synagogue or other names appropriate to the worship and related activities. The term cl.mcl.
worship does not include day care facilities or educational facilities.
PLANNED UNIT DEVELOPMENT (PUD) means a land area under unified control,
designed and planned to be developed for residential, commercial or industrial uses in a single
operation pursuant to an approved Final Development Plan.
PLA T means a map or delineated representation of the subdivision of lands, being a
complete exact representation of the subdivision and other information in compliance with the
requirements of all applicable sections of this Code and any other local or state legislation including
Chapter 177, FS and may include the terms "replat", "amended plat," or "revised plat."
POLE SIGN means a sign attached to, and elevated above, the ground by means of a pole
or poles.
POLITICAL SIGN OR CAMPAIGN SIGN means a sign relating to any person, political
party or matter subject to a public election.
PORTABLE SIGN means a sign that is mounted on a trailer or other chassis and is capable
of being moved as an entire unit.
POTABLE WATER means water that is satisfactory for drinking, culinary and domestic
purposes meeting current State and Federal drinking water standards.
POTABLE WATER SUPPLY WELL means a n.il1illlUlll G-incl. dia1HctcI water supply
well which has been permitted for consumptive use by the SJRWMD.
PREMISES means a parcel of land with its appurtenances and buildings which because of
its unity of use may be regarded as the smallest conveyable unit of real estate.
Rev. 8/0 I (PoliciesProcedures/LandDevelopmenlCode) II - 24
PRIMARY CONTAINMENT means the first level of product-tight containment, i.e., the
inside portion of that container which comes into immediate contact on its inner surface with the
hazardous substance being contained.
PRINCIPAL USE lllCa115 tIlG pIilllaly ptllp05G f'Ol wllidl tbG lalid 01 buildilig is USGd as
pCIlllittGd by tIlG applicable. zoning di5tIiGt. (Duplicate)
PROJECTING SIGN means any sign other than a wall sign affixed to any building or wall
whose leading edge extends beyond such building or wall.
PUBLIC BODY means any governmental agency of the City, V olusia County, the State of
Florida or the United States.
REAL EST A TE SIGN means any sign that is used to offer for sale, lease or rent the
property upon which the sign is placed.
RECHARGE AREA means a recharge area designated by the SJRWMD for the surficial
aquifer in the City of Edgewater.
RECREA TIONAL VEHICLE means a vehicle designed as temporary living quarters for
recreational camping or travel use, which either has its own motor power or is mounted on, or drawn
by, another vehicle. The term recreational vehicle excludes park trailers, automotive vans and
mobile homes, but includes travel trailers, camping trailers, truck campers and motor homes as
defined by Chapter 320.01, FS.
REPEA T VIOLATION means a violation of a provision of a code or ordinance by a person
who has been previously found by through the Code Enforcement Board to have violated or who has
admitted violating the same provision within five years prior to the violation, notwithstanding the
violations which occurred at different locations.
RESIDENTIAL ACTIVITY means any structure, or portion thereof, that is used for
residential purposes, including those customary and accessory residential activities.
REST AURANT means where meals are prepared, and food, including beverages and
confections, are is served to customers, with the food and nonalcoholic beverage sales amounting
to at least fifty-one percent (51 %) of the total food sales. Restaurants are hereby classified as
follows:
Type A.
Restaurants with dining tables and counter stools having all service
indoors and providing no service to persons inside vehicles or at
walk-up windows.
Rev. 8/01 (PoliciesProcedures/LandDevelopmentCode) II - 25
Type B.
Restaurants which have indoor service and may serve food for
consumption on or off the premises and which specialize in short
order foods and beverages, including "drive-through" and/or "walk-
illL service.
RE-SUBDIVIDE means the making of a new subdivision and/or replatting of previously
subdivided and/or platted parcels.
RIGHT -OF - WAY means land dedicated, deeded, used or to be used for a street, alley,
walkway, boulevard, drainage facility, access for ingress and egress, utilities or other purpose by the
public, certain designated individuals, or governing bodies.
ROADWAY/STREETS means public or private roads falling into one of several categories,
more particularly defined as follows:
Expressway means a limited access facility of four (4) or more lanes designed
primarily for the high-speed movement of traffic.
Arterial means a facility of two (2) or more lanes designed primarily to serve as a
major access route to expressways and/or as a connector of subregions, inter-county
and inter-city vehicular movement. The main function is to move large volumes of
vehicles (greater than 6,000 Average Daily Trips (ADT's)).
Collector means roads of two (2) or more lanes designed primarily for traffic
movement within and between residential neighborhoods, commercial and industrial
areas and all other roads.
Cul-de-sac means a minor street with only one (1) outlet terminating at one (1) end
with a circular turn around.
Local means road facilities designed primarily to provide direct access to abutting
property. Average daily trips are normally less than 1000 vehicles.
Marginal Access means roads which are parallel to, and adjacent to arterial streets
and highways and which provide access to abutting properties and protection from
through traffic.
Private means any street that has not been dedicated for public use.
Public means any street designed to serve more than one (1) property owner which
is dedicated to the public use and accepted for ownership and maintenance by the
City Councilor other regulatory public body, includes any street right-of-way
dedicated to the public prior to, or at the time of, adoption of this Code.
Rev. 8/01 (PoliciesProcedures/LandDevelopmentCode) II - 26
ROOF LINE means the top edge of the roof or the top of a parapet, whichever forms the top
line of the building silhouette.
ROOF SIGN means any sign erected or constructed wholly upon and over the roof of any
building and supported solely on the roof structure.
SAL V AGE YARD means a yard used to store sometimes resalable iunk.
SCREEN ENCLOSURE means an addition to an existing structure that is attached to the
principal structure and is enclosed with screen and has a roof and three (3) sides.
SECONDARY CONTAINMENT means the level of product containment separate from
the primary containment.
SELF-SUPPORT TOWER means a communication tower that is constructed without guy
wires and ground anchors.
SEMI-TRAILER see "Vehicle - Commercial."
SERVICE STATION means an establishment that is used primarily for the retail sale and
direct delivery to motor vehicles of motor fuel and lubricants, as well as lubrication, washing, repairs
and installation of automobile parts and accessories.
SETBACK (OR SETBACK LINE) means a line determined by measurement, parallel to
a lot line, creating an area between the lot line and the setback line in which all structures (unless
otherwise permitted) may not be erected.
SHRUBS AND HEDGES means that shrubs and hedges shall be self-supporting woody
evergreen species and shall be a minimum of two (2') foot in height, immediately after planting.
Plants shall be spaced no more than three (3') feet apart measured from center to center.
SIGN means any device, structure, fixture, or placard using graphics, identifiable corporate,
or business symbols, and/or written copy for the primary purpose of identifying, providing directions,
or advertising any establishment, product, goods or service.
SIL VI CULTURE means the culti vation and harvesting of forest products for sale and which
has an agricultural exemption from the State.
SINGLE OR SOLE SOURCE AQUIFER means the portion of the Florida Aquifer
underlying most of V olusia County as designated pursuant to the requirements of Chapter 17-520,
F.A.C.
SITE IMPROVEMENT means any man-made alteration to a parcel of land for the purpose
Rev. 8/01 (PoliciesProcedures/LandDevelopmentCode) ll-27
of preparing the land for future construction, the actual construction/reacting of structure or paving
of a surface and/or the planting or installation of permanent landscaping.
SITE PLAN means an illustration of the details of development of areas such as commercial,
industrial, recreational, multi-family, residential and other uses not bcilig platted reflected on the
plat.
SJRWMD means the St. Johns River Water Management District, a state agency designated
by Chapter 373, FS with broad authority to manage the waters of the State.
SNIPE SIGN means any sign of any material whatsoever that is attached in any way to a
utility pole, tree or any object located or situated on public or private property.
(d) SPECIAL EVENT means an occurrence having a duration of no longer than
one 1 O-day period every six months. Examples of special events include fairs,
any public, charitable, educational, religious event or function or sporting
event.
Rev. 8/0 I (PoliciesProcedures/LandDevelopmentCode) 11-28
SPECIMEN TREE means any tree that is unique by reason of age, size, rarity, or status as
a landmark as determined by an arborist or botanist and includes the following species of trees with
the minimum specified diameter in inches at breast height:
Common Name Botanical Name Diameter
Turkey Oak Quercus laevis 12 plus
Other Oak Species Quercus app. 12 plus
Maple Acer app. 12 plus
Cypress Taxodium distichum 12 plus
Sweet Gum Liquidambar styraciflua 12 plus
Hickory Carya spp. 12 plus
Elm Ulmus spp. 12 plus
Loblolly Bay Gordonia lasianthus 12 plus
Sweet Bay Magnolia virginiana 12 plus
Red Bay Persea borbonia 12 plus
Swamp Bay Persea palustria 12 plus
Sycamore Platanus occidentalis 12 plus
Magnolia Magnolia grandiflora 12 plus
SPILL means the release or escape of a hazardous substance, directly or indirectly to soils,
surface waters, or groundwater.
(e) START OF CONSTRUCTION (except for construction, or substantial
improvement under the Coastal Barrier Resources Act, PL97 -348) means the date the
building permit was issued and includes the first placement of permanent
construction of a structure (including a manufactured or modular building) on a site
or plot, such as the pouring of slabs or footings, installation of piles, construction of
columns or any work beyond the stage of excavation. Permanent construction does
not include land preparation. such as clearing, grading and filling.
STEALTH FACILITY means any telecommunications facility which is designed to blend
into the surrounding environment. Examples of stealth facilities include architecturally screened
roof-mount antennas, antennas integrated into architectural elements, and telecommunications towers
designed to look like light poles, power poles or trees.
Rev. 8/01 (PoliciesProcedures/LandDevelopmemCode) 11-29
STORAGE BUILDING means any structure used to shelter and/or protect equipment,
supplies, chemicals, goods, furniture and the like for use by the principal occupant of the site.
STORAGE, OUTDOOR means the safekeeping of any goods, products, equipment or
vehicles which are customarily incidental to the principal use, in an uncovered outdoor space and
which is screened from view by the general public and neighboring properties.
STORAGE SYSTEM means anyone or combination of tanks, sumps, wet floors, waste
treatment facilities, pipes, vaults, or other portable or fixed containers used, or designed to be used,
for the storage of hazardous substances at a facility.
STORY means that part of a building between the surface of a floor and the surface of the
floor next above it, or if there is no floor above it then the space between the floor and the ceiling
above it. For the purposes of this Code the minimum elevation change between a story shall be 8-
ten (10') feet. Any less dimension shall be considered a half-story.
STRUCTURAL AL TERA TIONS means any change, except for repair or replacement, in
the supporting members of a building, such as bearing walls, columns, beams or girders, floor joists
or roof joists or any substantial change in the roof or in the exterior walls of a building.
STRUCTURE means anything constructed, installed, or portable, which requires a location
on a parcel of land. It includes a moveable structure while it is located on land which can be used
for housing, business, commercial or industrial purposes whether temporary or permanent. Structure
shall include, but not be limited to walls, billboards, swimming pools and decks, communication
towers, on-site signs, tents, porches, fences, privacy screens, docks, arbor, gazebos,
canopies/temporary carports, sheds and similar structures. Structure shall not include, pipes, pump
stations and any other construction below ground level.
SUBDIVIDER means any person, firm, partnership, association, corporation, estate or trust
or any other group or combination acting as a unit, dividing or proposing to divide land so as to
constitute a subdivision as herein described.
SUBDIVISION means the platting of real property into three (3) or more lots, parcels, tracts,
tiers, blocks, sites, units or any other division of land, and includes establishment of new streets and
alleys, additions, and resubdivisions and when appropriate to the context, relates to the process of
subdividing or to the land or area subdivided. (See Chapter 177.031(18), FS.)
SUBDIVISION PLAT, PRELIMINARY means a drawing to scale and other supporting
data, of a proposed subdivision prepared for the purposes of establishing the overall general layout
and design for the provision of streets, lots, blocks and the location, plans and specifications for
streets, utilities and other improvements.
SUBDIVISION SIGN means a sign designed as a permanent structure containing only the
name of a subdivision, and not used for promotional purposes.
Rev. 8/01 (PoliciesProcedures/LandDevelopmentCode) II-30
SUBDIVISION SKETCH PLAN means a drawing, not necessarily to scale, which shows
a conceptual layout of the proposed subdivision.
SUBSTANTIAL DAMAGE means damage of any origin sustained by a structure whereby
the cost of restoring the structure would equal or exceed 50 percent of the market value of the
structure before the damage occurred.
SUBST ANTIAL IMPROVEMENT means any improvement to a structure built prior to
adoption of this Code, and any repair, reconstruction or improvement of a structure, the cost of
which equals or exceeds 50 percent of the market value of the structure, either (a) before the
improvement or repair is started, or (b) before the damage occurred, if the structure has been
damaged and is being restored beJole the daluage occulled. Substantial improvement is considered
to occur when the first alteration of any wall, ceiling, floor or other structural part of the building
commences, whether or not that alteration affects the external dimensions of the structure. The term
does not, however, include either any project for improvement of a structure to comply with existing
state or local health, sanitary, or safety code specification which are solely necessary to assure safe
living conditions or any alteration of a structure listed on the National Register of Historic Places
or a state inventory of historic places.
SURVEYOR means a land surveyor duly registered in the State of Florida.
SW ALE means a man-made trench or channel approximately I-foot deep or less and having
side slopes equal to a or greater than 4-foot horizontal to I-foot vertical.
SWIMMING POOL means any pool which is constructed, used, or maintained to provide
recreational facilities for swimming, bathing, or wading and which is capable of containing water
to a depth greater than t8- 24 inches , altd all building5, 5tl uetme5, cquipluGl1t itltd appmteltaltCC5
tllGleto.
SWIMMING POOL, COMMERCIAL means a swimming pool and attendant equipment
operated for profit or nonprofit open to the public and/or serving more than one family.
TELECOMMUNICA TIONS means the transmission, between or among points specified
by the user, of information of the user's choosing, without change in the form or content.
TELECOMMUNICA TION CARRIER means any provider of telecommunications
services, except that such term does not include aggregators of telecommunications services. A
telecommunications carrier shall be treated as a common carrier undel tlli5 Act only to the extent that
it is engaged in providing telecommunications services, except that the FCC shall determine whether
the provision of fixed and mobile satellite services shall be treated as common carriage.
TELECOMMUNICATIONS EQUIPMENT means equipment, other than customer
premises equipment, used by a carrier to provide telecommunications services, and includes software
integral to such equipment(including upgrades).
Rev. 8/01 (PoliciesProcedures/LandDevelopmentCode) II-31
TELECOMMUNICA TION SERVICES means the offering of telecommunications for a
fee directly to the public, or to such classes of users as to be effectively available directly to the
public, regardless of the facilities used.
TEMPORARY SIGN means any sign or advertising display intended for use for a period
of time not to exceed twenty-four (24) days and designed and constructed in accordance with this
intention.
TRAILER means any non self-propelled wheeled vehicle licensed by the State of Florida
as a trailer, not otherwise regulated herein as "Commercial", "Watercraft" or "Recreational".
TRAILER SIGN means any sign mounted on a vehicle normally licensed by the State of
Florida as a trailer.
TRA VELING LIGHTS SIGN means any sign that includes a series of lights, or lighting
device that appears to move or travel in automatic sequence on the display surface of the sign.
TREE means any living, self-supporting perennial plant which has a trunk diameter of at
least six inches (6") at D.B.H.
TREE SURVEY means a drawing prepared by a licensed Surveyor in a readable scale for
the site's size that provides the location, and common name for each tree greater than twelve inches
(12") DBH. The survey shall include a numbered list ofthe identified trees.
TRIP means a single or one-way vehicle movement.
TRIP END means the origin or destination of a trip.
TRIP GENERATION means the total number of trip ends produced by a specific land use
or activity.
UNLICENCED WIRELESS SERVICES means the offering of telecommunications
services using duly authorized devices which do not require individual licenses; direct-to-home
satellite services are excluded from this definition.
USE means the purpose for which land or a structure thereon is designed, arranged or
intended to be occupied or utilized, or for which it is occupied or maintained.
Use, Permitted -
means a use which is permitted in a particular zoning district
providing it conforms with all requirements, regulations and
standards of such district.
Use, Principal -
means the primary use. of tIle buildilig, stt uame. andJOl lot as
Rev. 8/01 (PoliciesProcedures/LandDevelopmentCode) II - 3 2
&stingui51lcd [10111 aCCC5501Y U5C5 purpose for which the land
or building is used as permitted by the applicable zoning
district.
UTILITIES means, but is not limited to: water systems, electrical power, sanitary sewer
systems, storm water management systems, gas systems, telephone and television cable systems, and
street lighting.
UTILITY SHED means a building either constructed on site or pre-manufactured,
containing 120 square feet or less.
UTILITY SERVICE FACILITIES means elements of utility distribution, collection or
transmission networks required by their nature to be relatively dispersed throughout the service area.
Typical facilities include, but are not limited to, electrical substations and telephone exchange
structures.
VARIANCE means a modification of the strict application of site development requirements
related to yard setbacks, building height, parking requirements, landscaping and/or signage.
VEHICLE means any self-propelled conveyance designed and used for the purpose of
transporting or moving persons, animals, freight, merchandise or any substance.
VEHICLE, ABANDONED means a vehicle that has no appearance of use for 60 days or
more. Indication of an abandoned vehicle may include: no maintenance, no cover or screening, grass
and weeds growing under and around vehicle and flat tires.
VEHICLE, COMMERCIAL means any vehicle, beach concession wagon, semi-trailer cab,
or trailer with a rated capacity of more than one ton; is intended or used for the transportation of
people or goods as part of a business; is either commercially or privately registered. Commercial
vehicle does not include rental vehicles designed for temporary personal use.
VEHICLE, INOPERABLE means any vehicle which is not currently licensed by the State
of Florida and/or cannot be immediately legally driven away on a public street.
VEHICLE. LICENSED means any vehicle which is currently licensed by the State of
Florida
VEHICLE, MARINE means any vehicle designed for and used on any water body.
VEHICLE PAINT AND BODY SHOP See "Automotive Paint and Body Shop."
VEHICLE ACCESSORY INSTALLATION means the following:
Rev. 8/01 (PoliciesProcedures/LandDevelopmentCode) 11-33
(a) Vehicle tuneup shops.
(b) Installation, repair or services of vehicle glass, sun roofs, convertible tops, interiors,
tinting, audio equipment, alarms and similar items.
(c) Installation, repair or servicing of vehicle brakes, shock absorbers, radiators or air
conditioning devices.
(d) Installation, repair or servicing of vehicle electrical or ignition systems.
(e) Washing, waxing, accenting and similar activities commonly known as detailing.
VEHICLE REPAIR means all maintenance of and modification and repairs to motor
vehicles, and diagnostic work incident thereto, including. but not limited to, the rebuilding or
restoring of rebuilt vehicles, body work, painting. warranty work, and other work customarily
undertaken by motor vehicle repair shops.
VESTED RIGHTS, COMMON LA W means a right not created by statute or the provisions
of the City of Edgewater Comprehensive Plan which would authorize the development of real
property or the continued development of real property notwithstanding the provisions of the City
of Edgewater Comprehensive Plan. The assignment of a particular zoning classification, or a
particular land use designation to a parcel of real property does not guarantee or vest any specific
development rights to any person or entity as to said real property.
VESTED RIGHTS, STATUTORY means a statutory right to develop, or to continue the
development of real property pursuant to the provisions of Section 163.3187(8), FS, or its successor
provisions. Such vesting may be found to exist if a valid and unexpired final development order was
issued by the City prior to the effective date of the City's Comprehensive Plan, if the development
has commenced construction and the development is in the process of being completed or further
development is continuing in good faith as of and subsequent to the effective date of the City's
Comprehensive Plan. Statutory vesting does not occur unless all material requirements, conditions,
limitations and regulations of the development order have been met and are being complied with the
exception that provisions of development orders requiring the general applicability of future Land
Development Code provisions shall not apply to development which have commenced construction
prior to the effective date of the City's Comprehensive Plan.
VIOLA TION means non-conformance with a code or ordinance, intentionally or
unintentionally.
'VIOLATION, REPEAT llle.ans a violatioh of a pIovisioh of ac.ode. 01 oldinance. by a pe.rson
WIIOIII tk Code lJnfxHCUIIGnt DoaId has pIGv ionsl)' fonhd to have. v iolatcd tile. sallie pIO v isioh w itllin
a fi vc-yeaI puiod. (Duplicate-under Repeat Violation)
WALL SIGN means any sign painted on, or attached essentially parallel to, the outside wall
of any building and supported by such wall with no copy on the sides or edges.
WAREHOUSE means a structure that stores goods and/or merchandise for use off-site.
Rev. 8/0 I (PoliciesProcedures/LandDevelopmentCode) 11-34
WATERS means and shall include but not be limited to rivers, lakes, streams, springs,
impoundments and all other waters or bodies of water whether surface or subsurface and whether
navigable or non-navigable. The term shall encompass all bottom lands lying below the mean high
water mark, whether said bottom lands are submerged or not.
WATERCRAFT means any vehicle designed for use in water.
W A TERW A Y means a channel, creek, ditch, drainage way, dry run, spring, stream, river
and canal; but not a lake, pond or pool without a water outlet.
WELL means any excavation that is drilled, cored, bored, washed, driven, dug, jetted, or
otherwise constructed when the intended use of such excavation is for the location, acquisition,
development, or artificial recharge of groundwater.
WELLFIELD means an area of land that contains one or more potable water supply wells.
WELLHEAD PROTECTION AREA means an area designated by the City, upon the
advice of the SJRWMD, to provide land use protection for the groundwater source for a potable
water well field, including the surface and subsurface area surrounding the wellfield. (From Chapter
9J-5.003(148), FAC.)
WELLFIELD PROTECTION ZONE - PRIMARY means the land area immediately
surrounding any potable water supply well and extending a radial distance of two hundred feet (200')
from said welles).
WELLFIELD PROTECTION ZONE - SECONDARY means the land area, adiacent and
surrounding the primary wellfield protection zone extending and defined by a radial distance of one
thousand feet (1,000') from the well(s).
WELLFIELD PROTECTION ZONE PERMIT means that permit issued by the city
authorizing the activities.
WETLANDS means those areas that are inundated or saturated by surface water or ground
water at a frequency and a duration sufficient to support, and under normal circumstances do support,
a prevalence of vegetation typically adapted for life in saturated soils. Soils present in wetlands
generally are classified as hydric or alluvial, or possess characteristics that are associated with
reducing soil conditions. The prevalent vegetation in wetlands generally consists of facultative or
obligate hydrophytic macrophytes that are typically adapted to areas having soil conditions described
above. These species, due to morphological, physiological, or reproductive adaptations, have the
ability to grow, reproduce or persist in aquatic environments or anaerobic soil conditions. Florida
wetlands generally include swamps, marshes, bayheads, bogs, cypress domes and strands, sloughs,
wet prairies, riverine swamps and marshes, hydric seepage slopes, tidal marshes, mangrove swamps
and other similar areas. Florida wetlands generally do not include longleaf or slash pine flatwoods
with an under story dominated by saw palmetto. The delineation of actual wetland boundaries may
Rev. 8/01 (PoliciesProcedures/LandDevelopmentCode) IT - 3 5
be made by any professionally accepted methodology consistent with the type of wetlands being
delineated but shall be consistent with any unified statewide methodology for the delineation of the
extent of wetlands ratified by the Legislature. (Chapter 91-5.003 (149), FAC.)
WETLAND BOUNDARY means the location on the ground where:
(a) The vegetation type shifts from dominantly wetland types to dominantly upland
speCIes; or
(b) The soil type shifts from dominantly wetland types to dominantly upland types; or
(c) Flooding, inundation, or saturated soil indicators are no longer present.
WETLAND BUFFER means the twenty-five feet (25') upland areas adjacent to wetlands
that protect the wetlands and consists of the existing canopy, under story, and groundcover.
WETLAND MITIGATION means any action to restore and/or create wetlands III
compensation for permitted development activities.
WHIP ANTENNA means a cylindrical Antenna that transmits signals in three hundred and
sixty (360) degrees.
WINDOW SIGN means any sign on a window facing the outside and which is intended to
be seen from the exterior.
WRECKERffOW TRUCK means a motor vehicle equipped with hoisting apparatus or
other equipment designed for the towing or servicing of wrecked, disabled or inoperable
automobiles, trucks, motor vehicles or industrial equipment.
XERISCAPE means a method of landscaping using native vegetation and other drought
resistant plants designed for low maintenance and to conserve water.
YARD means a required open space clear from the ground surface upward, unoccupied and
unobstructed by any structure except for fences, walls, trees, and other living landscape material as
provided herein.
Rev. 8/01 (PoliciesProcedures/LandDevelopmentCode) 11-36
ARTICLE III
PERMITTED, CONDITIONAL, ACCESSORY, AND PROHIBITED USES
SECTION 21-30 - GENERAL PROVISIONS
21- 30.0 I - Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ill-I
21-30.02 - District Boundaries. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. Ill-I
21-30.03 - Application of Districts ....................................... 1II-2
21-30.04 - Official Zoning Map. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ill-2
21-30.05 - Comprehensive Plan Consistency ............................... ill-3
SECTION 21-31- COMPREHENSIVE PLAN RELATIONSHIP
21-31.01 - Land Use/Zoning Compatibility Table............................ ill-4
SECTION 21-32 - ZONING DISTRICT DESCRIPTIONS
21-32.01 - Zoning District Descriptions ................................... ill-4
SECTION 21-33 - USES AND RESTRICTIONS
21-33.01 - Purpose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1II-6
21-33.02 - Permissible Uses ............................................ ill-6
21-33.03 - Conditional Uses ............................................ ill-6
21-33.04 - Accessory Uses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. III-6
21-33.05 - Permitted/Conditional/Accessory Uses ........................... ill-7
SECTION 21-34 - SPECIAL USE REQUIREMENTS
21-34.01-HomeOccupations.......................................... ill-II
21-34.02-CommunityResidentiaIHomes ................................ ill-12
21-34.03 - Institutional Residential Homes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ill-14
21-34.04 - Inoperable, Abandoned, and/or Wrecked Vehicles ................. ill-14
21-34.05 - Vehicles - Restoration & Permits - For Residential Properties ........ ill-15
21-34.06 - Watercraft, WatercraftTrailers, Motor Homes, Trailers, Recreational Vehicles
CRV's) & and Campers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ill-16
21-34.07 - Salvage Yards. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III-18
21-34.08 - Refuse and Dumpsters ....................................... III-18
21-34.09 - Kennels. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III-18
21-34.10 - Solid Waste Receptacles, Residential ........................... ill-19
21-34.11- Mini-warehouses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ill-20
21-34.12 - Bed & Breakfast. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1lI-21
21-34.13 - Nursing Homes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. III-21
21-34.14 - Residential Professional Offices ............................... III-21
Article ill
-1-
Rev. 8/0 I (PoliciesProcedurcs/LandDevelopmentCode)
SECTION 21-35 - PROHIBITED USES
21-35.01 Cxcc33ivc-vegetation Growth (moved to Article V) ................ fH=2:t
21-35.02- 1- Outdoor Storage, Residential ................................ ill-22
21-35.03-2:. - Vehicle Sales/Storage on Vacant Lots/Public Right-of-Wav ........ ill-23
21-35.041- Tents CanopiesfTemporary Carports and Tents/Gazebos. . . . . . . . . .. ill-23
21-35.05::!. - Commercial Vehicles in Residential Areas. . . . . . . . . . . . . . . . . . . . .. ill-24
21-35.06 2 - Neglected Premises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ill-24
21-35.09- Q- Parking on Drainage or Maintenance Easements or Public Right-of-WayIII-24
SECTION 21-36 - ACCESSORY USE REQUIREMENTS
21-36.01 - Purpose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ill-25
21-36.02 - General Regulations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ill-25
21-36.03 - Outdoor Storage and Display: Commercial, Industrial .............. ill-26
21-36.04 - Satellite Dishes and Antennas ................................. ill-27
21-36.05 - Places of Worship - Schools/Child Care. . . . . . . . . . . . . . . . . . . . . . . .. ill-27
21-36.06 - Boathouses ................................................ ill-28
21.36.07 - Boat Docks and Slips ........................................ ill-28
21.36.08 - Boats as Dwelling Units . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ill-29
SECTION 21-37 - SPECIAL ACTIVITYIPERMIT REQUIREMENTS
21-37.01 - Special Activity Permit - Temporary Use. . . . . . . . . . . . . . . . . . . . . . . .. ill-29
21-37.02 - Permit Process ............................................. ill-29
21-37.03 - Permit Criteria ............................................. ill-30
21- 3 7.04 Appc,ah...................................................--IH=3B
SECTION 21-38 - FENCES, WALLS AND HEDGES
21-38.01 - Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ill-31
21-38.02 - General Requirements....................................... ill-31
Article ill
-11-
Rev. 8/01 (PoliciesProcedures/LandDevelopmentCode)
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
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 center line of streets, highways, alleys, or other public
right-of-ways and shall be construed to follow such lines;
b. Boundaries are depicted to follow platted lot lines, section lines or tract lines and shall be
construed as following such lot lines;
c. Boundaries are depicted to follow political boundaries and shall be construed as following
such political boundaries;
Rev. 8/01 (PoliciesProcedures/LandDevelopmentCode) ill-I
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 road, street or alley is officially vacated or abandoned, the location of the
zoning district boundaries shall be the center line of the vacated right-of-way;
1. 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 the regulations of the district in which said structure or building is located as well
as all applicable regulations of this Article.
All use of land and/or water shall be done so only in accordance with the applicable requirements
of this Article.
21-30.04 - Official Zoning Map
a. The City of Edgewater is hereby divided into zoning districts and shown on the Official
Zoning Map as amended by the City Council. The Official Zoning Map shall be identified
by the signature of the Mayor, attested by the City Clerk and bearing the seal of the City
under the following words: "This is to certify that this is the Official Zoning Map referred
to in Chapter 21, of the Code of Ordinances."
b. No changes shall be made in the Official Zoning Map except as provided herein in Article
IX. Any unauthorized change of any kind by any person, or persons, shall be considered a
violation of this Article and be subject to the applicable enforcement provisions described
in Article X.
Rev. 8/0 I (PoliciesProcedures/LandDevelopmentCode) III - 2
c. Regardless of the existence of copies of the Official Zoning Map which may from time to
time be made or published, the Official Zoning Map shall be maintained in the official
records of the City.
d. In the event that the Official Zoning Map becomes damaged, destroyed, lost, or difficult to
interpret because of the nature of number of changes and additions, the City Council shall
adopt a new Official Zoning Map.
21-30.05 - Comprehensive Plan Consistency
The regulations contained herein are consistent with and implement the Comprehensive Plan policies
tisted-b~ fontained in the Future Land Use Element, Housing Element, Coastal Management
Zone Element and Conservation Element.
fiLUM 4.2,5.1 5.9,5.11 5.1G
IIGS 1.2, 1.3, 1.4, 2.1, 2.J, J.2, 6.1, 7.2
CZM ... 4C6, 6D2, 7.J
CON... 1. I, 1.5, 2.9, 3.1
Rev. 8/01 (PoliciesProcedures/LandDevelopmentCode) ill-3
SECTION 21-31 - COMPREHENSIVE PLAN RELATIONSHIP
Table III-I shows which zoning categories are consistent with and implement the land use categories
in the Comprehensive Plan, particularly the Future Land Use Map (FLUM). C!.<1I1ge.s to tllis Table.
reqn1r.., a tGxt plal1 allIG.ldlllGI!t to tile. PLUM (Se.etioI! 21 9G) and eOIllpktioII of tile LDC anlelIdlllellt
plocess (Seetiol! 21-94):-
TABLE 111-1
LAND USE AND ZONING COMPATIBILITY
Futule Land Use Desi~nation Compatible Zoning Districts
Low Density Residential RRI, R-l, R-2, R-3, RPUD, RP
1.0 to 5.0 DU/gr. ac
Medium Density Residential R-4, RPUD, MR-I, MR-2
5.1 to 8.0 DU/gr. ac
High Density Residential R-5, RPUD, B-4
8.1 to 12.0 DU/gr. ac
Commercial B-2, B-3, B-4, BPUD, RP
Industrial 1-1,1-2, IPUD
Recreation CN, RRI, AG, R-l, R-2, R-3, RPUD
PublidSemi-Public CN,AG
Conservation CN
Agriculture AG, RRI
. . 1 nTT/? '=i ;JC
Future Land Use Element of the Comprehensi ve Plan, 1991
SECTION 21-32 - ZONING DISTRICT DESCRIPTIONS
21-32.01 - Zoning District Descriptions
Table III-2 summarizes the principal purpose for each zoning category. The minimum parcel sizes
are provided where applicable.
(See Page 111-5)
Rev. 8/01 (PoliciesProcedureslLandDevelopmentCodc) III-4
TABLE III-2
ZONING DISTRICT DESCRIPTIONS
Zoning District Title Category Purpose & General Description
Conservation "Overlay" CN Protection of wetlands, aquifer recharge &
environmentally sensitive areas
Rural RcsidGlltial Transitional RRI Provide for limited agriculture and provide for a
transition between rural and residential land uses -
min. ] acre lot
SF Residential R-l Single family residential - (1.0 to 5.0 units/acre)
min. ] 2,000 sq. ft. lot
SF Residential R-2 Single family residential (].O to 5.0 units/acre) min.
10,000 sq. ft. lot
SF Residential R-3 Single family residential (1.0 to 5.0 units/acre) min.
8,625 sq. ft. lot
MF Residential R-4 Medium density residential (5.] to 8.0 units/acre) -
single family, duplex, apartments, townhouses
MF Residential R-5 High density residential (8.1 to ] 2.0 units/acre) -
single family, duplex, apartments, townhouses
Residential Planned Unit RPUD Intended for mixed residential, personal service
Development and limited retail commercial with a single
development plan - no min. size parcel - See
Article Y, Section 21-57 for details
Residential Professional Office RP Intended for office professional along SR#442, Park
Avenue and U.S. #1, rezoning must be accompanied
by a site plan
Mobile Home Park MH-l Medium density residential (5.1 to 8.0 units/acre).
Provide for mobile home parks - min. 5 acre parcel
(See sec.21-7lfor non-conforming parks)
Manufactured Home MH-2 Medium density residential (5.1 to 8.0 units/acre).
Subdivision Provide for manufactured home subdivisions - min.
50 acre parcel
Neighborhood Business B-2 Intended for retail goods and services for frequent
resident needs - min. 10,000 sq. ft.
Highway Business B-3 IntendM for high volume highway related
commercial uses - no min. parcel size
Tourist Commercial B-4 Intended for short term waterfront accommodations
for visitors and accessory uses, may include
residential mixed use as part of gpUD or BPUD -
min. 2 acres
Business Planned Unit BPUD Intended for mixed commercial and limited
Development multifamily residential with a single development
. plan - no min. size parcel - Details in Article Y,
Section 21-57
Light Industrial I-I Intended for storage, light manufacturing,
wholesaling and distribution uses - no min. parcel
size
Heavy Industrial 1-2 Intended for heavy manufacturing uses - no min.
parcel size
Industrial Planned Unit IPUD Intended for mixed industrial and limited
Development commercial with a single development plan - no
min. parcel size - Details in Article Y, Section 21-
57
Agriculture AG Provide for general agriculture uses - min. 2.5 acre
parcel - temporary or hold zoning intended for
fnlnrf" nrh:ln . ,
Rev. 8/01 (PoliciesProcedures/LandDevelopmentCode) III-5
SECTION 21-33 - USES AND RESTRICTIONS
21-33.01 - Purpose
This portion of Article ill depicts the permitted, conditional and accessory uses by zoning district
using the matrix format. The footnotes in Table ill-3 refer to any applicable special criteria for that
use ;n the particular zoning district and are described in Section 21-34 of this Article.
If a designation 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 - Permissible Uses
The use depicted as "P" in the matrix (Table ill-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
trrtiele-V the Land Development Code and any applicable site plan review requirements in AI tick
HE:- of the Land Development Code.
The list of permissible uses can not be all inclusive. These uses described in Table ill-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
pennanent structure.
21-33.03 - Conditional Uses
The use depicted as "C" in the matrix (Table ill-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 Urban Development. Satisfactory compliance with the
applicable project design standards described in Article V and the concurrency requirements
described in Article XI must also be achieved prior to commencement of a project.
21-33.04 - Accessory Uses
The use depicted a "A" in the matrix (Table ill-3) means a use that is incidental, related appropriate
and clearly subordinate to the existing principal permitted use.
Rev. 8/01 (PoliciesProcedures/LandDevclopmentCode) ill-6
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TABLE 111-3 FOOTNOTES
The Sections cited below identify special requirements for the listed land uses and are found on the
following pages. In addition, many of the proposed projects must also comply with the requirements
of Article IV - Natural Resource Protection, Article V - Site Design Criteria and Article VI - Signs.
1. See Satellite Dishes, Section 21-36.04 - Dishes greater than 39 centimeters in
diameter are required to obtain a building permit and otherwise conform to the site
development criteria.
2. See Telecommunications, Article XII for details.
3. See Bed & Breakfast, Section 21-34.12 for details.
4. See Kennels/Boarding, Section 21-34.09 for details 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 21-36.03 for details.
8. See Community Residential Homes, Section 21-34.02 for details.
9. Limited to 6, or less, residents and no closer than 1000 feet to another Family
Residential Home.
10. See Institutional Residential Homes, Section 21-34.03 for details.
11. Multifamily residential is permitted in BPUD only as part of a single
business/residential development plan - Article V, Section 21-57 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 properties residentially developed abutting State Road #442. See Section
21- 34.14 for details.
Rev. 8/01 (PoliciesProcedures/LandDevelopmentCode) ill-l0
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. Limited commercial is permitted in IPUD only as part of a single
industrial/commercial development plan pursuant to the requirements in Article V.
17. Attached and detached aircraft hangers permitted in residential districts adjacent to
airport taxi ways.
18. Internally oriented retail commercial, see Section 21.57 for details.
~ Live entertainment adiacent to residential uses shall be a conditional use.
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. No home occupation 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 (20%) of the dwelling unit space (excluding garage/carport) for the
home occupation.
b. No manufacturing, repamng, storing of vchic\c.5, or other uses that are restricted to
commercial and industrial districts are allowed.
c. No chemicals/equipment, supplies or material except that which IS normally used for
household domestic purposes, shall be used or stored on site.
Rev. 8/01 (PoliciesProcedures/LandDevelopmentCode ) III-II
d. Noise, dust, odors or vibrations emanating from the premises shall not exceed that which is
normally emanated by a single dwelling unit. Activities that cause a nuisance shall not be
permitted in residential areas~
e. No electrical, electro-magnetic or mechanical equipment that causes any interference or
excessive noise to adjacent dwelling units shall be installed or operated.
f. No products, services, or signage may be displayed in a manner that is visible from the
exterior of the dwelling unit 01 011 ,;chicles, except signage required by state law.
g. Except as provided in Section 21-34-:B4 35.05, no tl u..ks, commercial vehicles or equipment
shall be permitted in the driveway, or adjacent public right-of-way and no delivery of
commercial products for the use of occupational license shall be allowed. Normal/routine
Ups, FedEx, 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.
I. All home occupations shall be required to obtain a home occupational license pursuant to the
requirements of Chapter 11 of the City Code prior to initiating operation.
J. Garages, carports or similar accessory 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. An applicant may appeal the denial of an application to the rlaliliing al1d Zoning Board City
Council pursuant to the requirements of AI tick VllI of tlli5 ChaplCI the Land Development
Code.
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.
b. All facilities shall comply with the minimum parcel area and dimensional requirements of
the zoning district in which the facility is located.
Rev. 8/01 (PoliciesProcedures/LandDevelopmentCode) llI-12
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 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 CRR 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.
1. The proposed CRH shall comply with all appropriate Life Safety Code 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.
I. Each CRR shall provide a responsible supervisory person on duty at all times while residents
are on the premises. The minimum staffing levels required by the State, or other licensing
agency, shall be maintained at all times.
m. Failure to substantially comply with all these criteria shall subject the property owner, and/or
the applicant, to the enforcement provisions of Article X.
n. A Community Residential Home shall not be located closer than 1000 feet (1,000') to another
CRH, or closer than 500 feet (500') of a parcel zoned AG, RRI, R-I, R-2, or R-3. [See
Chapter 419.00 1.(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. 8/01 (PoliciesProcedureslLandDevelopmentCode) ill-13
21-34.03 - Institutional Residential Homes (also referred to as ALF's)
The purpose of this Article is to provide regulations to protect the adjacent property values while
allowing the institutional home to operate. For the purpose of this code, adtttt 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 HRS appropriate license prior to receiving an
occupational license from the City and V olusia County. The City will inspect facilities for
compliance with life safety codes.
21-34.04 - Inoperable, Abandoned, and/or Wrecked Vehicles
The purpose of this Section is to establish criteria for the identification and regulation [01 tile, stOI age,
of inoperable, abandoned and/or wrecked vehicles located in areas designated for residential use.
thronghont the, City.
Hold pending results of Citi:lens Reliew Committee.
a. A vehicle shall be determined or defined as inoperable. abandoned and/or wrecked by Code
Enforcement officials should any of the following be applicable:
.L. The vehicle creates a threat to public health, safety or welfare due to its condition or
the conditions in, under or around subiect 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 surrounding area, creating
dangerous/hazardous conditions for passing motorists or persons.
Rev. 8/01 (PoliciesProcedures/LandDevelopmentCode) ill -14
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 Rroperti~s for any period exceeding twenty-four
(24) hours.
1. A vehicle visible to the general public or neighboring properties which Code
Enforcement officials cannot establish ownership or the responsible party declines
to resolve valid issues contained within this section shall be determined to be
ahandoned.
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
The pm pm;(. of tlli5 SectiOll is to establish 1(.gtllatiol15 f01 tIle 1('5t01 ation of Vdlick5.
Hold pending I e5ults of Citizens Rel ie n COIl1nlittee.
a. Any person seeking to openly restore a vehicle on property designated for residential use
shall obtain a vehicle restoration permit issued bv the Code Enforcement 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:
.L. Current photograph of the vehicle:
2. Description of restoration plan(s) including a schedule:
lc Vehicle identification number.
c. A vehicle restoration permit authorized the following:
.L. 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, screening, custom car cover, or stored inside a garage.
d. The term of the permit shall be one (I) year. Additional renewals will be available provided
Rev. 8/01 (PoliciesProccdures/LandDevelopmentCode) III-IS
that restoration progress is consistent with the vehicle restoration application.
e. Vehicles being restored shall be owned by the occupant of the 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
(RV's) Trailers and Campers
The purpose of this Section is to establish protcct plOpcrty valuu; by cstablishilig criteria for the
parking and storage of watercraft, watercraft trailers, motor homes, RV' 5, earl1pGls arid all trailers
in trailers, recreational vehicle trailers and campers on property designated for residential areas.
a. Rccrcational vdlic1u;, carl1pus, trailers, or watcrcraft shall not bc stored on allY public rigltt
of-way.
b. AllY rccrcatiolial vdlick, eanlpcl, trailer, or watGlcraft shall have a valid licellse, rcgistratioll
01 validation sticker, alid be in opelable condition.
C':"
Hold pending I esults of Citizens Rel ie'W Comnlittee.
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.
alongside the house or in the backyard subiect to the following condition:
.L. 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.
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.
Rev. 8/0 I (PoliciesProcedureslLandDevelopmenICode) III-16
e. Watercraft. watercraft trailers, motor homes, trailers, recreational vehicle trailers and
campers stored on property desigr..ated for residential use shall notbe used as a dwelling, nor
shall waste materials be permitted to discharge.
1. 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 2:round beneath th~ 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.
10 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.
&. 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 adiacent to the residence is considered to be a part
of the premises for this purpose. The vehicles shall not be used for residential purposed,
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 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.
1. A limit of one (I) vehicle (watercraft, watercraft trailer, motor home, trailer, recreational
vehicle trailer or camper) per 4,000 sq. fe 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.
Rev. 8/0 I (PoliciesProcedureslLandDcvelopmenlCode) ill -17
21-34.07 - Salvage Yards
The purpose of this Section is to control the operation of salvage yards and similar sttch 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 opaque fence or 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 opaque fence and gate.
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 of
ten p.m. (10:00 p.m.) to six a.m. (6:00 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
Rev. 8/01 (PoliciesProcedures/LandDevelopmentCode) ill-18
kennels. In addition to the regulations as set forth within the district(s) in which the use is located,
the following minimum regulations shall apply:
a. Commercial kennels are limited to the raiSIng, breeding boarding, and grooming of
domesticated animals. Farm animals such as pigs and chickens or exotic animals such as
snakes are expressly prohibited.
b. All runs shall be equipped with drains provided every 10 feet (10') and connected to a
sanitary facility approved by the City Engineer.
c. No animal having a disease harmful to humans shall be boarded or maintained in the facility.
d. No building or other structure nor any dog run shall be located within 150 feet (150') of any
residential use.
e. Dog runs adjacent to a residential use shall not be used between the hours of 10 P.M. and 7
A.M.
f. Kennels are required to receive a commercial kennel license from the V olusia County
Animal Control Department and City of Edgewater Occupational License after receiving a
Certificate of Occupancy from the City.
&. See Chapter 5 of the Code of Ordinances, City of Edgewater, 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.
Rev. 8/0 I (PoliciesProcedures/LandDevelopmentCode) ill-I 9
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 unimproved lot shall be the responsibility of the owner or contracting
tree removal company. Tree removal on an improved lot shall be the re~ponsibility of the
contracting tree service.
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 opaque fence or wall with a ten foot (10') high landscape buffer planted
adjacent to the street side and on all boundaries facing residential districts.
b. The project shall be completely fenced, walled, and designed to limit ingress and egress
through a controlled and lockable access point. This shall be limited to one (1) two (2) way
access points or two (2) one (1) way access points
c. Mini-warehouse units shall not contain any provision for electric outlets, potable water, or
sewer services within the confines of the warehouse units. Hose bibs for cleaning purposes
may be installed on the outside of the warehouse structures.
d. Bathroom facilities will 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.
Rev. 8/01 (PoliciesProcedures/LandDevelopmentCode) ill - 20
g. Mini-warehouses may be permitted as a conditional use in the B-3, BPUD and Highway
Commercial 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 space/bedroom, plus residential requirements.
b. Landscaping shall be provided as required for hotel/motel uses.
C. OccnpationallicclISC shall be required.
c. One (1) sign not to exceed six (6) square feet.
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.
21-34.14 - Residential Professional Offices
Residential Professional Offices are permitted as a conditional use and requires site plan approval.
Residential Professional Offices are permitted only along major roadways (US I SR 442, Park
A venue ). Residential Professional Office site plans shall be provided with a zoning application and
shall include:
a. Off-street parking and landscaping requirements of Sections 21-54 and 21-56.
b. One advertising 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.
Rev. 8/01 (PoliciesProcedureslLandDevelopmentCode) ill - 21
SECTION 21-35 - PROHIBITED USES
21-35.01 - Excessin Vegetation Gro-wth (moved to Article V)
a. Property OWllers and/or oecupahts shall hwilltaill landscaping on site alld ill the adjoillihg
ligllt-of-way ill sudl a nlallnel as to assme agaillst obstItletioll to pedestIiah, 01 vehieul,lI
tIaffie alld visibility.
b. Grass ahd lahdseape areas located ~ itllin till.- strcet rigid-or-way and lying betweell tile paved
or travcled smfaec of tile street aha tile property line, and if applicable, Iyihg betwccn tile
pavcd or travelcd smfaee of the streGt and any,tdjoihihg body of watCl, sllall be nlailltained
by tllc adjoihihg propcrty OWhCl ahd/or oecupaht. Grass ahd weeds witllin wdl areas sllall
hot exceed a hcigllt of twel ve ihelIes (12").
c. Ah irJ'1proved lot sllalllHeahs any lot to \'9hidl ilhprovcnle.nts have. bee.h rHade., illcluding, but
not linlited to, cllange. of grade. through fillihg or cxeavatioh, ihstallation of watcr or SCWCl
lihc, elearihg of property to begin construction, 01 any otkr pllysical altclation \'9llidl lias
significalltly distmbed thc hatmal vcgctation Oh tlIe propcrty. (Moved to definition section.)
c. No pcrsohs shall pCllllit \'9(,cds, grass, brusll or sirHilar vcge.tatioh to exeee.d a IlGight of
twel vC ihchcs (12") on ahY property that lias bccn irJ'1provcd. Lots shall bc kcpt free offallen,
trces and lirHbs.
d. Natural arcas pcrmitted on improved lots sllall bc locatcd at least t\'9cnty (20) feet flOll!
ahother property line.
e. An uninlproved lot shall I1leah any lot wllicll renlaihs undisturbe.d ahd ih a hatmal vegetati ve
mte: (Moved to definition section)
e. Tile. OWhe.r of an uhinlproved lot ih a rcside.htial zonc widl lot sizes of one acrc or less shall
keep tllat pOltiol. of tile pIOpClty abnttillg witllil. tweht} (20) feet of aliY iIHploved lot,
sidewalk, strcet or bicycle. paLlI flee and clear of all wccds, grass alid brusll not to exceed
tllirty six (JG) illdlcs witllilI sndl alca. Lots sllall be kept flCC of falleh, sick 01 disul.5ed
tlces alld linlbs.
21-35.()zl- 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.
Rev. 8/01 (PoliciesProcedures/LandDevelopmentCode) ill - 22
21-35.03 ~- Vehicle Sales/Stora2e on Vacant LotslPublic Ri2ht-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, recreational
vehicles, campers, and equipment shall be prohibited on all vacant lots and all public right-of-ways
within the City.
21-35.04 J- Tents Canopiesrremporary Carports and Tents/Gazebos
Hold pending results of Citizen.s Rfl if" Committee.
a. Owners of canopies/temporary carports and tents/gazebos shall be required to secure the
above objects so as to prevent them from becoming airborne or from leaving the property
where installed, as well as keep them in a good state of repair.
b. The below specifications are intended to be minimum only and are no indication or
guarantees of fitness for securing the temporary items covered under this section. Ouantities
and sizing will vary by the size of the item being secured.
.L. 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.
1. 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 tens/gazebos can cause those weights to be catapulted by wind lift.
c. Canopies/temporary carports shall be located in the driveway, immediately parallel to the
driveway, in the side yard or back yard, but at no time shall they extend over the property line
or into the public right-of-way. There shall be a limit of one such canopy/temporary structure
in the front setback/front yard area and shall be as far from the front property line/street as
the yard size or driveway permits. This location must not cause a safety problem. No
enclosing or side tarps will be allowed in the front setback/front yard area.
d. Tarps/tops of temporary structures shall be removed during hurricane warning conditions.
Rev. 8/01 (PoJiciesProccdurcs/LandDevelopmentCode) ill-23
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.
21-35.051- Commercial VehicIes in Residential Areas
The purpose of this Section is to control the proliferation of commercial vehicle parking III
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 I-ton rated 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 I-ton rated capacity shall be permitted to park on
any property whose primary use is residential.
21-35.06 ~- 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.
21-35.09- ~- Parking on Drainage or Maintenance Easements or Public Rh?:ht-of-Wav
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. 8/01 (PoliciesProcedures/LandDevelopmentCode) ill-24
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 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.
1. 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.
Rev. 8/01 (PoliciesProcedures/LandDevelopmentCode) ill-25
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 ill-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 opaque fence
or masonry wall. However, the wall or fencing shall not interfere with the flow of traffic
entering or leaving the site.
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 corner property line and five feet (5') from the interior side and
rear property line. Landscaping shall be installed in this area on any adjacent local street.
g. All display merchandise and related display equipment shall be removed at the close of
business each day. No outdoor display areas shall be permitted within required parking
spaces or areas, public sidewalks or pedestrian or vehicular access areas, parking aisles, or
driveway entrances or exits.
~ All unattended machines dispensing a product shall be located indoors.
Rev. 8/01 (PoliciesProcedureslLandDevelopmentCode) ill-26
21-36.04 - Satellite Dishes and Antennas
The purpose of this Section is to control the location of sate!lite dishes and antennas in order to allow
their use without sacrificing property values. Telecommunication tower location and site
development standards are found in Article XII.
a. Privately owned ham radio antennas, citizens band radio and/or satellite dish antennas shall
be considered accessory uses. All other such facilities belonging to companies whose
business involves the reception, or transmission, of wireless communication signals shall be
considered commercial uses.
b. Pursuant to the Federal Telecommunications Act of 1996, satellite dishes 39 centimeters
(approximately 36 inches), or less, in diameter shall not require an installation permit.
c. A satellite dish greater than 36 inches (36") in diameter shall require a building permit from
the City.
d. Except as provided in Article XII, antennas and satellite dishes greater than 36 inches in
diameter shall set back five feet (5') from side and rear lot lines or easement.
e. No satellite dishes larger than 39 centimeters (approximately 36 inches) or antennas shall be
permitted in the front yard of any parcel.
f. The required setback shall be measured from the closest point of the outermost edge of the
antenna, or satellite dish, to the property line.
g. Except as provided in Article XII, the height restrictions for antennas and satellite dishes
shall not exceed the height limit in that district.
21-36.05 - Places of Worship - Schools/Child Care
The purpose of this Section is to establish criteria for the operation of schools and recreation
facilities as an accessory use associated with places of worship.
a. A school operated by a place of worship shall not be permitted to locate within 25 feet (25')
of property used as residential.
b. Recreation areas associated with places of worship shall not use artificial site lighting at
night unless shielded from adjacent residential areas.
Rev. 8/01 (PoliciesProcedures/LandDevelopmentCode) ill-27
c. No recreational activity shall be located closer than 2S feet (2S') to an adjacent parcel.
d. The front yard of a place of worship shall be on an arterial or collector roadway.
e. The building design for new construction shall be substantially similar to the design of the
existing structures. No portables, trailers or like buildings are permitted.
f. Parking and service areas shall be located away from adjacent parcels.
21-36.06 - Boathouses
The following regulations shall apply to boat houses in all the R-1. R-2. R-3. R-4 and R-S districts.
a. Heil!ht of boathouses: No boathouse shall be erected or altered to a height exceeding fifteen
(IS') feet from mean high water.
b. Boathouse setback: No boat house shall be built less than five (S') 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 buildinl! attached to boathouses: 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. than the mean high water
mark shall be used as the line of measurement.
d. Detached accessory buildinl! to boathouse: A detached accessory building to a boathouse
is prohibited in the R-1. R-2. R-3. R-4 and R-S Residential districts.
e. Area of boathouses: No boathouse or similar structure shall exceed twenty (20') feet in width
measured on a line parallel to the established bulkhead line or exceed forty (40') feet in depth
measured at right angles to the established bulkhead line. If a bulkhead line is not
established. then the mean highwater mark shall be used as a line of measurement.
21-36.07 - Boat Docks and Slips
a. Boat docks and slips for mooring pleasure boats. yachts and non-commercial watercraft shall
be permitted in any residential district as an accessory use to the residential use.
Rev. 8/01 (PoliciesProcedures/LandDevelopmentCode) ill-28
b. If no bulkhead line is established. then the mean highwater mark shall be used as the line of
measurement.
21-36.08 - Boats as Dwellim! Units
No boat or vessel shall be used or maintained as a dwelling unit which is not sound. seaworthy and
equipped with sanitary facilities that are either:
a. Connected to a public sewer system. or
b. Have a self-contained waste treatment system.
SECTION 21-37 - SPECIAL ACTIVITYIPERMIT REQUIREMENTS
21-37.01 - Special Activity Permit - Temporary Use
A temporary use is one that is designed, constructed and intended to operate for a period of time not
to exceed ten (10) days.
21-37.02 - Permit Process
a. An applicant for a proposed special activity use shall complete an application form
developed, and periodically revised, by the City Clerk. Said form shall, at a minimum,
include the signature of the property owner of the parcel on which the temporary use or
special activity is proposed as well as other pertinent information deemed necessary by the
City Clerk.
b. The City Clerk shall circulate the application to other City departments, appropriate for the
specific request, for review and comment subject to the criteria in Section 21-37.03 below.
c. No later than ten (10) working days after receipt of a complete application, the City Clerk
shall either issue the Permit or provide the applicant with written reasons for denial, and/or
delay, of the permit request.
d. No Permit application shall be processed without receipt of the fee as established by Council.
Rev. 8/01 (PoliciesProcedures/LandDevelopmentCode) III-29
21-37.03 - Permit Criteria
To issue a Special Activities Permit, the City must determine the application substantially meets the
criteria below:
a. The proposed use will not result in unsafe ingress and/or egress for either pedestrians or
vehicles, and shall comply with parking requirements for that use.
b. The proposed use will robstalitially comply with the appropriate Life Safety Code
requirements.
c. The proposed use will substantially comply with the appropriate Building Code
requirements.
d. The proposed use is limited to a specific period of time not to exceed ten (10) days.
e. The proposed use shall not be permitted to operate on the same parcel, or another parcel
owned by the same property owner more two (2) times per calendar year.
f. The proposed use will operate only during the specific daily time period requested in the
application, or granted by the City.
g. The proposed use will direct anyon-site lighting away from adjacent parcels and the adjacent
roadways.
h. The applicant shall supply adequate sanitary facilities for the duration of the event.
1. The applicant shall post a bond or an insurance policy to hold the City harmless from any
liability resulting from the operation of the Special Activity Permit.
J. The City Council may waive the application fees, for a non-profit agency.
21-37.04 - Appeal5
AllY decision Ie.galding a Special Acti vitie.s PClIllit IlIay be. appe.akd to tile City Coulicil.
Rev. 8/01 (PoliciesProcedures/LandDevelopmentCode) ill - 30
SECTION 21-38 - FENCES, WALLS, and HEDGES
21-38.01 - Purpose
The purpose of this section is to set forth the standards necessary to regulate the use of fences.
21-38.02 - General Requirements
The following regulations shall apply to the erection of fences, walls and hedges.
a. All fencing materials must comply with the definition in Article II.
b. All fences shall comply with the provisions of the applicable building codes.
c. Fences may be located in all front, side, and rear yard setback areas and directly on property
lines, provided that if a fence encroaches into a utility access easement or right-of-way, the
City shall not be responsible.
d. The maximum allowable height of all fences located in the front yard setbacks and river front
lots of residential property not subject to site plan review shall be four feet (4'). Fences
located in these areas must be non-opaque (50% visibility). The maximum allowable height
of all other fences in residential areas shall be six feet (6') including side comer yards and
meet the site triangle requirements. Six (6") foot fences on side comer lots shall be setback
ten (1 a') feet from property line. In commercial and industrial areas no fence shall exceed
ten feet (10') 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. Any fence erected on property utilized for nonresidential purposes which abuts property
utilized for residential purposes shall be erected with the finished side facing outward or
away from the enclosed screened area. Any fence located adjacent to a public right-of-way
shall be erected with the finished side facing the right-of-way. The good-side" offence 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:
Rev. 8/01 (PoliciesProcedures/LandDevelopmentCode) IIl-31
1. The enclosed or screened area is sufficiently lower than adjoining lands to render a
fence of the maximum allowable height inadequate for its intended purpose.
2. The area to be enclosed or screened contains a nuisance or a hazard that cannot .
adequately be encompassed or obscured by a fence of the maximum allowable height.
h. Fences with barbed wire shall be prohibited in conjunction with residential development. In
nonresidential development, up to three (3) strands of barbed wire may be installed at the top
of a fence. For regulatory purposes, barbed wire shall not be included in the measurement
of the fence height. In no case shall barbed wire be allowed to 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) feet.
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.
k. Opaque fencing shall not be permitted on lots fronting on large lakes, rivers, golf courses or
other common areas deemed as an aesthetic amenity.
I. Fences shall conform to the "site triangle" requirements as set forth below:
Site Triangle Requirements:
Nothing shall be erected, planted or placed in a manner as to materially impede
vision between a height of two and one-half feet (2Y2') to ten feet (10') above the
intersecting street right-of-way center lines. The site triangle shall be measured fifty
feet (50') in each direction from the ccnterlille of the intersecting sheets 01 lOadways
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 next page)
Rev. 8/01 (PoliciesProcedures/LandDevelopmentCode) ill - 3 2