2001-O-59
'-
..""
ORDINANCE NO. 2001-0-59
AN ORDINANCE OF THE CITY OF EDGEWATER,
FLORIDA; AMENDING CHAPTER 21, THE LAND
DEVELOPMENT CODE BY MODIFYING ARTICLE IV
(RESOURCE PROTECTION STANDARDS) AND ARTICLE V
(SITE DESIGN CRITERIA), 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 IV (Resource Protection Standards) and Article V (Site
Design Criteria) 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 1111 ough passages are deleted.
Underlined passages are added.
2001-0-59
'-
lttttI#'
PART A.
AMEND CHAPTER 21 (LAND DEVELOPMENT CODE), BY
AMENDING ARTICLE IV (RESOURCE PROTECTION
STANDARDS) AND ARTICLE V (SITE DESIGN CRITERIA),
OF THE CODE OF ORDINANCES, CITY OF EDGEW ATER,
FLORIDA.
Article IV (Resource Protection Standards) and Article V (Site Design Criteria) of
Chapter 21 (Land Development Code) of the City of Edgewater, 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are hereby superseded by this ordinance to the extent of such conflict.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.
CODIFICATION.
Provisions of this ordinance shall be incorporated in the Code of Ordinances of the City of
Edgewater, Florida, and the word "ordinance", may be changed to "section", "article", or other
appropriate word, and the sections ofthis ordinance may be renumbered or relettered to accomplish
such intention; provided, however, that Parts B through F shall not be codified.
StI tick tI.lotlgl. passages are deleted.
Underlined passages are added.
2001-0-59
2
'-'
.....,
PART E.
EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
PART F.
ADOPTION.
After Motion by Councilman Brown and Second by Councilwoman Rhodes, the vote on first
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
reading of this ordinance held on September 10,2001, was as follows:
AfterMotionby ~ J/~,.., andSecondby C~_ ~
the vote on the second reading of this ordinance was as follows:
AYE
Mayor Donald A. Schmidt
~
Councilman James P. Brown
~{?JlI
1
Councilman Dennis A. Vincenzi
Councilwoman Harriet E. Rhodes
.~
}.
Councilwoman Judy Lichter
StJ uck till ough passages are deleted.
Underlined passages are added.
2001-0-59
3
NAY
PASSED AND DULY ADOPTED this .2 Y day of 12001.
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
Shaek-through passages are deleted.
Underlined passages are added.
2001-0-59
CITY COUNCIL OF THE
CITY OF EDGEWATER,
/ASTER, FLORIDA
By: 9m��t`
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant
Approved by the City Council of the City of
Edgewater a a meeting held on this 2i
day of 2001 under
Agenda Item No.
......
-....,
ARTICLE IV
RESOURCE PROTECTION STANDARDS
SECTION 21-40 - GENERAL PROVISIONS
21-40.01 - Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV-I
SECTION 21-41 - WETLAND AREAS
21-41. 01 - Comprehensive Plan Reference ....................... . . . . . . . . . . IV-l
21-41.02 - Wetland Identification ....................................... . IV-I
21-41.03 - Permit Requirements ......................................... IV-2
21-41.04 - Buffer Requirements ......................................... IV-2
SECTION 21-42 - FLOODPLAINS
21-42.01 - Comprehensive Plan Reference. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV-2
21-42.02 - Disclaimer of Liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV - 3
21-42.03 - Applicability. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV-3
21-42.04 - Special Flood Hazard Areas. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV-3
21-42.05 - Floodplain Development Permit Standards. . . . . . . . . . . . . . . . . . . . . . . . IV-3
21-42.06 - Variances/Appeals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV-5
SECTION 21-43 - WELLFIELD PROTECTION
21-43.01 - Comprehensive Plan Reference. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV-5
21-43.02-DesignationofProtectionZones ................................ IV-5
21-43.03 - Protection Zone Permits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV-6
21-43.04 - Protection Zone Standards. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV-7
21-43.05 - Exemptions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV-8
21-43.06 - Enforcement and Appeals ..................................... IV-8
SECTION 21-44 - GROUNDWATER RECHARGE AREAS
21-44.01 - Comprehensive Plan Reference. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV-9
21-44.02 - Designation of Recharge Areas ................................. IV-9
21-44.03 - Recharge Area Development Standards. . . . . . . . . . . . . . . . . . . . . . . . . . . IV-9
SECTION 21-45 - SENSITIVE HABITAT AREAS
21-45.01-ComprehensivePlanReference ................................ IV-lO
21-45.02 - Development Thresholds and Exemptions. . . . . . . . . . . . . . . . . . . . . . . . IV-lO
21-45.03 - Listed Species Application Procedures .......................... IV-II
Sections 21-46 through 21-48 reserved for future use.
Article IV
Rev. 9/01 (PoliciesProcedures/LandDevelopmentCode)
.....
....,
a surveyed elevation measured at a location in the same wetland where the natural line is clear. In
the event an undeveloped area has been recently cleared of all vegetation, the wetland boundary may
be determined by a study of thc soil~ ~, aerial mapping, photography, hydrology, and or other
historical information as appropriate and approved by the City. The most restrictive wetland
boundary as determined by OdIC! pG1mitting authorized regulatory agencies shall be accepted.
21-41.03 - Permit Requirements
It is hereby unlawful for any person to engage in any activity which will remove, fill, drain, dredge,
clear, destroy, or alter any wetland or wetland buffer as defined in Article IT on any lot or portion
thereof without obtaining a wetland alteration permit in accordance with the provisions of this
article. and without fiIst obtaihihg An applicant must obtain the required permits from the
appropriate federal, state or county agencies. Where applicable, federal, state or county permits may
eliminate the need to obtain a City Wetlands Alteration Permit. Wetlands Alteration Permits may
be issued concurrent or in conjunction with other land development permits. It is the intent of this
section that construction of a single-family dwelling on upland areas which do~ not alter by
removing, filling, draining, dredging, clearing or destroying any wetland or wetland buffer shall not
require a separate wetlands alteration permit pursuant to this section.
21-41.04 - Buffer Requirements
a. A minimum buffer not k~~ thah of fifty feet (50') upland from the mean high water line and
a minimum of twenty-five feet (25') upland from the wetland boundary shall be established
adjacent to and surrounding all wetlands. The buffer may coincide with the required setback
on a lot under Article m. rlovided howeveI, t Ihere shall be no development activities in
the buffer, except for direct access to water bodies.
b. Dcvdoplllellt activitic~ O! In Maintenance activities which does not have a significant
adverse effect on the natural function of the buffer may be allowed within the buffer.
rIopo~cd <tai vities withih tltc buffcIliiaY be pGlmitted in accOldahCG with the IGquiICnlGht~
of thi~ altidc. The activities OI cOh~tltlctioh which may be permitted include but are not
limited to pruning, planting of suitable native vegetation, removal of exotic and nuisance
pioneer plant species, and the creation and maintenance of walking trails. See Section 21-
53.07 for shoreline protection standards.
SECTION 21-42 - FLOOD PLAINS
21-42.01 - Comprehensive Plan Reference
The provisions of Section 21-42 - Flood plain areas are consistent with and implement the
Comprehensive Plan policics li~ted bdow. contained in the
a. Future Land Use Element, - 2.1 &. 2.3
b. Coastal ZOhC Managclt1Cllt Element, and - 7D2, 7D5 &. 7D6
c. Conservation Element. - 2.1 &. 4.1
Rev. 9/01 (PoliciesProcedures/LandDevelopmentCode) IV-2
.........
....,
21-42.02 - Disclaimer of Liability
The degree of flood protection required by this Section is considered reasonable for regulatory
purposes and is based on scieIttific lind accepted engineering standards. This Section does not imply
that land outside the areas of special flood hazard, or uses permitted within such flood hazard areas,
will be free from flooding, or flood damages, and shall not create liability on the part of the City of
Edgewater, or any officer, or employee thereof.
21-42.03 - Applicability
This Section shall apply to all areas identified as lying below the 100 year flood elevation. No
structure, or land, shall hereafter be located, extended, converted, or structurally altered, within
identified flood plain areas without fttH compliance with the terms of this Section and all other
applicable regulations.
21-42.04 - Special Flood Hazard Areas
The areas of special flood hazard are identified by the Federal Emergency Management Agency in
its Flood Insurance Rate Map, dated September 29, 1998, which are available for review in the
Planning and Building Departments.
21-42.05 - Flood Plain Development Permit Standards
A development permit shall be required prior to the commencement of any development activities
within the flood hazard areas. The standards for issuing development permits shall comply with
Title 44 Code of Federal Regulations Chapter 1, Section 60.3 parts (A) CD) (C), and are described
below.
a. New construction, or substantial improvement, of any residential structure shall have the
lowest floor, including basement, elevated no less than one foot (1') above the base flood
elevation or crown of the paved road whichever is greater, or 16 inches (16") above an
unpaved road.
b. New construction, or substantial improvements, of elevated structures shall be designed to
Pleclude fini5hed living 5pliec lind de5igned to allow the flow of through floodgates to
equalize hydrostatic flood forces on exterior walls.
C. All plan5 and designs fOI stltletmes in thesc aleas shall be signed and 5ea1cd by an Engineel
licen5ed in PloIida lind/ol meet the follotlV ilIg minimun! cliteria.
1. Pro v idc a mininlum of:2 openiIlg5 ha v ing a totallIct alca of not 1c5S than onc sqtla1 c
inch for evclY squalc foot of ehc10sed alea subjeet to flooding, alId
2. The botton! of all opcnilIgs shall be no highel than one foot above grade, and
3. Opolings may be, cquipped tlVith SCleelIS, 10uvcls, valves 01 OthCl coverilIgs 01
Rev. 9/01 (PoliciesProcedures/LandDevelopmentCode) IV - 3
......
..."
devices pIovided they peImit the mttom<\tic flo\IV offloodgMes in both diIcction, <\nd
d. Access to the enclosed 111e<\ shall bc the 111inilt1tlIll neCeSSltIY to <\llo\IV fOI p<\Iking of vehicles,
linlited StOI <\ge of m<\inten<\nce equipnlent used in the pI elllises 01 entry to the Ii v ing <\1e<\.
c. Encroachments below the flood elevation shall not result in any increase of flood levels
during occurrence of the base flood discharge.
f. All ne\'v eonstItlction, 01 subst<\ntial inlpIo vement, thM is otheI \IV ise peIIllitted heIein sh<\ll.
1. Dc anchored to prevent flot<\tion
b. Dc constItlcted \lVith flood Iesistant nlMeIials <\nd equipment
c. PIotect seI v ice equipment conlponents fIOIll \IV MeI d<\lll.<\ge
4. DkvMe tile utility systems to cliItlinMe 01 minimize flood il1filtI<\tiOII ltnd pIevent
diseh<\Iges theIcof.
d. Non-conforming existing structures shall not be expanded or extended in flood hazard areas,
except as provided in Section 21-42.06.
e. All structures located in coastal high hazard areas ("'I zoiIes) shall be a minimum of fifty feet
(50') landward of the reach of the mean high tide.
f. All structures in coastal high hazard areas shall be securely anchored on pilings or columns
to resist flotation, collapse, and lateral movement due to the effect of wind and water loads
acting simultaneously on all building components. Said anchoring and support systems shall
be designed with wind and water loading values which equal, or exceed, the one hundred-
year mean recurrence interval. Water loading values shall be equal or exceed the base flood.
Wind loading values shall be in accordance with the Standard Building Code.
c. Uncompacted fill may be used around the perimeter of a building for landscaping/aesthetic
purposes, provided the fill washes away with the storm surge.
d. The Planning Director/Building Official shall a:ppIOve design review plans for landscaping
aesthetic fill only after the applicant has provided an analysis by an engineer, or soil scientist,
demonstrating that the following factors have been fttHy considered:
1. Particle composition of fill material does not have a tendency for excessive
compaction; and
2. V olume and distribution of fill will not cause wave deflection to adjacent properties;
and
3. Slope of fill will not cause wave run-up or ramping.
Rev. 9/01 (PoliciesProcedures/LandDevelopmentCode) IV-4
~
...,
1. There shall be no alteration of mangrove stands except in accordance with FDEP permit.
J. Any alteration, repair, reconstruction or improvement to a structure shall not enclose the
space below the lowest floor except with lattice work or decorative screening.
k. All development ptopo~lll~ in flood hltZlltd iUCM ~hllll provide bMe flood elev atiolt datll.
21-42.06 - Variancesl Appeals
Any variances to the requirements of this Section shall be administered pursuant to the requirements
of Section 21-100. Any appeals of the decisions of any City official shall be in accordence to the
appeals procedure contained in Article I.
SECTION 21-43 - WELLFIELD PROTECTION
21-43.01 - Comprehensive Plan Reference
The City finds there is an tlIgcnt need to protect the existing and future water supplies from the
irrcvCIsible and adverse impacts ofbiologicalllnd chemklll contamination. The City also finds that
its potable water wellfields are a n illCplacutbk resource that may be subject to irreversible
degradation if not adequately protected.
The provisions of Section 21-43 - Wellfield Protection Areas are consistent with and implement the
Comprehensive Plan polkk~ li~ted below: contained in the
1. Future Land Use Element z-l-:-3-
2. Potllble 'l{ Mer Utilities Element ....-3:+
J. Coastal time Mllnllgcment Element - 7D5 & 7D6
4. Conservation Element - 1.1 & 1.5 and
5. Intergovernmental Coordination Element ~
21-43.02 - Designation of Wellfield Protection Zones (WPZ)
The primary and secondary potable water wellfield Protection Zones are hereby established as two
hundred feet (200') radius from the well as the primary zone and one thousand feet (1,000') radius
from the well as the secondary zone. These zones, and the regulations that follow, are established
to protect the potable water supply from possible contamination by lcgulllting ddihed Lllzardous
wll~tes and undc~irable uses. A permit is required for any development or occupational use within
the wellfield protection zone.
a. Except as otherwise provided in this Section, any new use, m handling, production or storage
of hazardous materials shall be prohibited in the primary protection zone. Any existing use,
or handling, production or storage of hazardous materials, shall be considered a
nonconforming use and shall apply for a wellfield protection permit as provided in Section
21-43.03 and be subject to the containment standards in Section 21-43.04.
Rev. 9/01 (PoliciesProcedures/LandDevelopmentCode) IV-5
"'-'"
.....,
b. Except as otherwise provided in this Section, any new or existing nonresidential use, or the
handling, production or storage of hazardous substances in the secondary protection zone
shall apply for a wellfield protection permit as provided in Section 21-43.03.
21-43.03 - Wellfield Protection Zone Permits
a. The Director of Environmental Services shall be responsible to administer the wellfield
protection zone permit program.
b. Application for a wellfield protection permit shall be signed by the applicable owner, or
Opel<ltor agent.
c. The City shall issue, or renew such permit, upon the applicant's satisfactory demonstration
that all standards required by this Section and other applicable regulations have been met and
the appropriate fee as established by resolution have been paid.
d. A potential applicant is required to arrange a pre-application conference with the Director
of Environmental Services to discuss the permit application criteria and process.
e. The City shall review <lll building pelmit applications, site plans, and/or Occtlp<ltion<ll
licenses for compliance with the requirements of this Section and no application, plan 01
occtlpcrtionallicen5e shall be approved unless fuR compliance is demonstrated. Permits or
occupational licenses issued in violation of this Section confer no right or privilege to the
grantee.
f. The following information shall be submitted by the applicant Plior to <tppIOv<l1 of ahY
acti v it)' leqtlirihg seeking a wellfield protection zone permit:
1. A current survey signed and sealed by a licensed surveyor that, at a minimum, depicts
all existing structures, adjacent streets, water bodies and public water supply wells.
2. A legal description of the subject property.
3. A description of the proposed activity at the proposed location, including a list of all
known hazardous substances that may be utilized, generated and/or stored at the
subject property.
4. Construction plans and specifications for hazardous substance storage system,
including but not limited to, details of tanks, conveyance and pumping systems,
secondary containment, leak protection, overfill protection and access and an
operating plan sh<lll be signed <lnd se<lkd by all Er,gineGI licensed in PloIid<l.
g. Any person owning or operating a non-residential activity regulated by this Section at the
time of adoption of this Ch<tptcr Article shall apply for a wellfield protection zone permit
within one year and shall thereafter come into full compliance with the requirements of this
Section.
Rev. 9/01 (PoliciesProcedures/LandDevelopmentCode) IV-6
'lwo'
---
21-43.04 - Wellfield Protection Zone Standards
a. A proposed project, construction activity, or occupational license use shall not adversely
affect the quality and quantity of the potable water supply within the primary and secondary
wellfield protection zone. In assessing the impacts of a proposed activity, the City shall
consider the cumulative impacts of other projects, or uses permitted in, or adjacent to, the
Secondary Protection Zone.
b. All propo1Sed U1SC1S 01 aetivitk1S ~hall be eon~i~tent ~ith the requirement~ of the
Corl1prehen~i ve Phm and thi~ Article.
a. Under no cireunl~tance~ ~hall any pcr~on, ~hcther the property o~ner or operator, allow the
No discharge or disposal of hazardous substances into the soils, groundwater or surface water
within either the Primary or Secondary Protection Zone will be allowed.
b. Hazardous substance storage tanks are prohibited in the Primary Protection Zone.
c. Hazardous substance storage tanks in the Secondary Protection Zone shall be constructed and
operated in compliance with Chapter1S 17-61, 17-761 and 17-762 Florida Administrative
Code.
d. The commercial and residential application of certain regulated substances such as
pesticides, herbicides, rodenticides and fungicides shall be permitted in the protection zones
subject to the following conditions:
1. The application is in ~ compliance with the use requirements on the EP A
substances list and as indicated on the containers in which the substances are sold.
2. The application is in ~ compliance with the requirements of Chapters 482 and
487, Florida Statutes and Chapters 5E-2 and 5E-9, Florida Administrative Code.
3. The application of any of the pesticides, herbicides, fungicides and rodenticides shall
be noticed in the records of the certified operator of the use. The certified operator
shall provide specific notification to the applicators that special care is required. Said
public records shall include, at a minimum, the amount of substances used, the
location of use and the date of the application.
4. All pel~or.~, otllel than ~ingle family ar.d duplex re~idential ~ite~, applying pe~ticides,
her bicides fungicides and r odchticides 1Shall use licensed Pr ofcssional ExtGl mirlator s
~itlliIl tIle City of Edgc~at(,I, PloIida. The City Pire Chief shall approve all
legulated substance applieatior. plans, except for single family ar.d duplex residential
~ite~, prior to their ir.itiation.
4. CommCIcial or indu~trial ~ ~eptic disposal systems are prohibited in both the
protection zones.
5. Existing underground storage facilities in either protection zone shall meet the
construction retrofit standards of Chapter 17-761, FAC.
Rev. 9/01 (PoliciesProcedures/LandDevelopmentCode) IV - 7
~
...."
7. The Un vii onmental Sel v ice~ Department n.ay I equil c a glOund ~ atcI monitoring
plOglatl. M the palt of any pOInit application.
8. The requiIcrneht~ of thi~ Scetion ~hall apply to all futurc ~ellfidd location~
de~ignatcd by the City Council.
21-43.05 - Exemptions
The following activities or uses are exempt from the provision of this article:
a. The transportation of any hazardous substance through either the primary or secondary well
field protection zone, provided the transporting vehicle is in transit.
b. Agricultural uses, including mosquito control, except that said uses shall comply with Florida
Statutes Chapter 487, section 487.011 et seq., the Florida Pesticide Law, and the Florida
Pesticide Application Act of 1974 and Rule SE 2.001 et seq., and Rule SE-9.001 et seq.,
FAC.
c. The use of any hazardous substance solely as fuel in a vehicle fuel tank or as lubricant in a
vehicle.
d. Public ~<tfc,ty, el1.O go ICY mcdical, ernel gelley OpGI Mion~ eentel, and ptlblic tltilitic~ facilitic~,
exccpt lalldfill~.
e. Repairihg 01 Inaintaining any exi~ting facility or implovcment on land~ ~ithih the priInalY
or ~ccondalY ~dlficld plOteetion zone.
d. Storage tanks which are constructed and operated in accordance with the storage tanks
regulations as set forth in Chapter 17-61, Florida Administrative Code.
e. Geotechnical borings.
21-43.06 - Enforcement and Appeals
a. Any violation of the provisions of this Section may subject the property owner, and/or
facility operator, to the enforcement provisions of Article X.
b. Appeals of any admihistlMi ve dcdsioh, or variahee lequcsts to the lequircluents heldn, shall
bc nladc to the City Council. The appeals process is described in Article I.
Rev. 9/01 (PoliciesProcedures/LandDevelopmentCode) IV-8
.--"
,...",
.
SECTION 21-44 - GROUNDWATER RECHARGE AREAS
21-44.01 - Comprehensive Plan Reference
Chapter 373, FS declares that the protection of groundwater is necessary to protect future potable
water supplies. Chapter 163, Part II, FS requires each local government to protect identified recharge
areas. In this regard, t The provisions of Section 21-44 - Groundwater Recharge Areas are
consistent with and implement the City's Comprehensive plan policies listed bdow. contained in
the
it. Future Land Use Element, =-t:4
b. Potable V/ater Element, - 3.2
e. DI itinitge Elelt1Cnt, .....z.:3
d. Rcchitrge Utilities Element, - 1.1 & 1.2
c. Coastal Zone Mitnitgcment Element,=-7Bt and
f. Intergovernmental Coordination Element. =--t:9
21-44.02 - Designation of Recharge Areas
The mapped recharge areas subject to the regulations herein are designated by the Saint John's Ri ver
Water Management District and are available for review in the Planning Department.
21-44.03 - Recharge Area Development Standards
The following standards are required for development projects within the Recharge Area.
it. All public itndfOI pIi v itte de vdopment projects shitll mitihtitin it n.axill.un. imper v ious
smface rittio of 0.2.
a. All stormwater runoff shall be M:eon.mod<rtcd retained on-site in fttih;ompliance with all
applicable state and local regulations.
b. The use of septic titnb shitll be limited to one pel itCle.
b. Any use that manufactures, or stores hazardous substances as defined in Section 21-20 shall
be prohibited.
c. Landfills, sludge disposal and incinerators shall be prohibited.
d. Spray irrigation of treated sewage effluent may be permitted in ~ compliance with
applicable Florida Department of Environmental Protection st<rtutcs and Rules permit
criteria.
Rev. 9/01 (PoliciesProcedures/LandDevelopmentCode) IV-9
......
,....,
e. All agricultural, and/or silvicuItural uses, shall employ the latest applicable Best
Management Practices and Integrated pest Management Plans available from either the Soil
Conservation Service and/or the Florida Department of Agriculture and Consumer Services.
f. All underground storage tanks shall comply with the requirements of Chapters 17-761 and
17-762, FAC and shall be triple walled with impervious material and designed for one
hundred twenty percent (120%) of the proposed capacity.
g. At a nliniwtlnl, the pl0jCCt~ developed ~itIlin a de~igltated rccharge Mca shall indtlde a
glotlnd~a:ter monitoring prograru.
g. All uses existing at the time of adoption of this Code shall come into compliance with these
requirements by January 1,2003.
SECTION 21-45 - SENSITIVE HABITAT AREAS
21-45.01 - Comprehensive Plan Reference
The purpose of this Section is to protect the City's significant natural resources of tIle City f-or its
citizcn~. These regulations are supplemental to, and do not supercede, applicable state and/or federal
regulations. The provisions of Section 21-45 - Sensitive Habitat Areas are consistent with and
implement the Comprehensive plan polide~ li~t(,d bdo ~: contained in the
a. Sanitary Element, ~
b. Drainage Utilities Element, =--t::3-
c. CoastaIZol1eManagcmcntElement,-IAl, lA3, 1.10, 1.11, 2.3, 2A2,4Cll, 5.1 &
-7Bt
d. Conservation Element, - 2.4, 2.5, 2.10 & 3.13 and
c. Intergovernmental Coordination Element. .....z.:.4
21-45.02 - Development Thresholds & Exemptions
a. The Listed Species requiring protection are those fotlnd in the NatUlal RcsotlIce Dlcmeltt of
the Comprehcn~i vC Plait described as endangered or threatened bv Federal and State
regulatory agencies.
b. Nothing in this Section exempts any property proposed development activity from complying
with all appropriate State and Federal regulations.
Rev. 9/01 (PoliciesProcedures/LandDevelopmentCode) IV -10
~
...,.;
21-45.03 - Listed Species Application Procedures
d. When the pre-application conference for a proposed project determines the possibility of one
or more, listed species inhabiting a site, the applicant shall submit an application to the
Planning: Department on the forms provided bv the Department. Said application shall, at
a minimum, include the following:
1. The name, address and signature of the property owner;
2. The name, address and signature of the applicant;
3. A legal description of the subject property;
4. A recent property survey;
5. A description and location of the listed species found on the proposed site;
6. A description of the field surveying techniques used; and
7. Other material as may be deemed appropriate by the Planning Director.
e. When a listed species is found, the applicant shaH may be required to submit a mitigation
program to protect the listed species. The mitigation program shall be evaluated as follows:
1. Approval by Florida Game and Prc'~h \Yatcr Pi~h Comnli~~ion, 01 it~ ~tlC,c'e.s.sol
agency Fish and Wildlife Commission;
2. Provision of any permits needed from state and/or federal agencies;
3. The dedication of a conservation easement to the City; and
4. Thc intclconnc,c,tion of OtllCI con~C,1 vlrtion ca~cmcl1t~ Oh adjoining pIopcItie~ tv ith tlle
~tlbjcc,t c'a~c'nlcnt.
Sections 21-46 through 21-48 reserved for future use.
Rev. 9/01 (PoliciesProcedures/LandDevelopmentCode ) IV-II
.....,
.."..,
ARTICLE V
SITE DESIGN CRITERIA
SECTION 21-50 - GENERAL PROVISIONS
21-50.01 - Purpose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. V-I
21-50.02 - Minimum Site Dimensions ................................... . V-I
SECTION 21-51- UTILITIES
21-51.01 - Comprehensive Plan Reference. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. V-3
21-51.02 - General Requirements ........................................ V-4
21-51.03 - Utility Easements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. V-5
SECTION 21-52 - VEHICLEIPEDESTRIAN CIRCULATION REQUIREMENTS
21-52.01 - Comprehensive Plan Reference. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. V-5
21-52.02 - Access/Driveways ........................................... V-5
21-52.03 - Drive-Up Facilities Standards .................................. V-7
21-52.04 - Sidewalks. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. V-8
SECTION 21-53 - STORMWATER MANAGEMENT REQUIREMENTS
21-53.01 - Comprehensive Plan Reference. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. V-8
21-53.02 - Permit Authority. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. V-8
21-53.03 - Exemptions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. V-9
21-53.04 - General Design Standards .................................... V-lO
21-53.05 - Site Attenuation Standards. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . V-II
21-53.06 - Positive Outfall Standards .................................... V-12
21-53.07 - Shoreline Protection Standards ................................ V-12
21-53.08 -SystemMaintenanceStandards ................................ V-13
21-53.09-StormwaterPermitApplication ................................ V-13
21-53.10 rcunit Deci~ion Criteria. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .....Jf=t4
21- 5 3.10 - Plan Adherence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. V -15
21-53.11 - Enforcement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. V-15
SECTION 21-54 - LANDSCAPING REQUIREMENTS
21-54.01-ComprehensivePlanReference ................................ V-16
21-54.02 - Installation Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. V -16
21-54.03 - Parking Lot Landscape Requirements. . . . . . . . . . . . . . . . . . . . . . . . ... V-17
21-54.04 - Buffer Yard Determination Process . . . . . . . . . . . . . . . . . . . . . . . . . . . .. V -18
21-54.05 -BufferYardInstallationStandards.............................. V-20
Article V
Rev. 9/01 (PoliciesProcedures/LandDevelopmentCode)
....
.....,
SECTION 21-55 - TREE PROTECTION REQUIREMENTS
21-55.01-ComprehensivePlanReference ................................ V-20
21-55.02 - Tree Removal Permits ....................................... V-21
21-55.03 - Tree Removal Permit Standards. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. V-22
21-55.03- 1- Exemptions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. V-23
21-55.04~ - Historic Trees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. V-24
21-55.05Q - Specimen Trees ........................................... V-24
21-55.061- Protection Standards. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. V-24
21-55.W~ - Installation Requirements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. V-25
21 55.08 - Replacement MId Relocation Standards (replaced with 21-55.03) . . . . .. V=Z5
21-55.09 - Enforcement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. V-26
SECTION 21-56 - WEEDS, GRASS AND BRUSH; STANDARDS FOR PROPERTY
MAINTENANCE (moved from Chapter 10, Article V of the Code
of Ordinances)
21-56.01 - Purpose and Intent .......................................... V-26
21-56.02 - Definitions ................................................ V-26
21-56.03 - Property Maintenance - Duty of the Owner. . . . . . . . . . . . . . . . . . . . . .. V-28
21-56.04 - Enforcement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. V-29
21-56.05 -Notice of Violation .......................................... V-29
21-56.06 - Hearing Before Code Enforcement Board. . . . . . . . . . . . . . . . . . . . . . .. V-30
21-56.07 - Lien Against Property. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. V-31
21-56.08 - Alternative Enforcement Procedure. . . . . . . . . . . . . . . . . . . . . . . . . . . .. V-31
21-56.09 - Burning or Burying Garbage, Other Refuse. . . . . . . . . . . . . . . . . . . . . .. V-31
SECTION 21-561 - PARKING/LOADING REQUIREMENTS
21-561.01-ComprehensivePlanReference ............................... V-32
21-561-02 - Off-Street Parking Standards. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. V-32
21-561-03 -HandicappedParkingStandards............................... V-37
21-561.04-JointParkingUseAgreement................................. V-37
21-561.05 - Loading Berth Standards .................................... V-38
SECTION 21-57~ - PLANNED UNIT DEVELOPMENT DESIGN CRITERIA
21-59-li.Ol-ComprehensivePlanReference ............................... V-39
21-59-li.02 - Residential Planned Unit Development (RPUD) . . . . . . . . . . . . . . . . .. V-39
21-59-~.03 - Business Planned Unit Development (BPUD) . . . . . . . . . . . . . . . . . . .. V -41
21-59-li.04 - Industrial Planned Unit Development (IPUD) . . . . . . . . . . . . . . . . . . .. V -42
Article V
II
Rev. 9/01 (PoliciesProcedureslLandDevelopmentCode)
'-'"
.."",
ARTICLE V
SITE DESIGN CRITERIA
SECTION 21-50 - GENERAL PROVISIONS
21-50.01 - Purpose
The purpose of this Section is to establish site design and development criteria for public and pri vate
projects. All pIOp05Cd PlOjC(,t5 5hall fiI5t ICvicw thc IeqtliIClllent5 of AIticlc IV - N<l:tmal Ru;otllcc
PIotc(,tion. All pI op05cd pI ojG(,t~ 511<1:11 be dC5igncd to minimize impGl v iOtl5 5tll facc GO v (,1. Pursuant
to the requirements of-the Florida ~ .s.tatutes li5tGd bdow, all plans submitted for public review shall
be signed and sealed by the appropriate professional person.
ChapteI 471.025 clIginccI5
ChapteI472.025 Sm vCYOI5
ChaptCI 481.221 AIchitc(,t5
21-50.02 - Minimum Site Dimensions
Table V-I depicts the minimum lot size, setbacks, height, building coverage and floor area
requirements for each zoning category. Site dimensions in RP, B-3, 1-1,1-2, the RPUD, BPUD and
IPUD districts are variable depending on the specific site conditions.
Minimum site dimensions may be administratively waived if non-conforming: sites are created by
eminent domain activities (State. County or City).
Rev. 9/01 (PoliciesProcedures/LandDevelopmentCode) V-I
I.":
0""
o ,
fi:~
= eu
._ Il.l
~~
OIl
"O1l.l
-OIl
=:leu
~~
..
~ 0
~u
..:
,""
~....
~
~.-
Il.l
==
~ri@ ~
CI.l ....
='E
..... e\1'1"'"'l
~........
00
z
....9
'00
;'z
~~
~~
=....
<~
~~
~
....
00
o
I. V)
O:S..:
Il.l""
~"O
.5 :;
~....
-=. ~
e~
"""0
. I.
I: o:s
;i....
..... <:
o ~ -"z
...;!.c:
.sa
~~
......:
0""
...;!.c:
.5~
~~
.... '"
o. ~
...;!~r;:;J g
= C<~ V)
;iCl.l N
t'
o
OIl
Il.l
....
eu
U
OIl
I:
'a
o
N
V)
<'l
~ ~I
~ ~I
<:1
z
~I
<:1
z
<:1
z
~I
o
o
N
~I
~I
,......,
e
<.l
....
E!
:3
u
oc
b/)
<:
d
<:
=
08
't;j
t:
<.l
'"
=
o
U
Z
u
.....
o 0 0 000
o 0 0 0 0 V)
C'!.<'l.N.qO.OO
V) 0 0 0 0 V)
N <'l <'l <'l <'l <'l
V)
<'l
\0 \0 \0 V) V)
N N N <'l <'l
V)
N
o
o
~ ~
81 81
o
6
~ ~
o
"<t
o
N
o
<'l
o
N
V) V)
N N
~
s s
,......,
~
o
"<t
o
"<t
o
<'l
o
<'l
o V)
"<t <'l
~
s s
:::
z
o
N
V)
-
~ ~
V)
N
-
o
o
o
o
o
00
V)
r--
~ ~
<.l
....
u
""
o 0
o 0
o 0
N 0
- -
~ i ~I~ ~ ~I ~I
<:1 m:::1
z z
,......, ~
~~! ] ] ]
3 ]
~ ~ 5 5 ~ ~
E-< "0 "0 :::! - OJ
Jo !~~J]
Os ] Os b b
~ ~ ~ Os Os
c;tJ)fl)(l,)~:E
~~~~:3:3
.......1 en en en :s :s
.t:: - N M .; lJ"\
"' ~ ~ ~ ~ ~
8
-
~
t <:1 V)
z
~
,......,
-
~
~ ~I ~I
<:
Z
o
;:J
Q..
]
i:i
..g ]
"Vi E:
<.l <.l
"' 11
cl ~
s: c:
"' "'
~ ~I ~
~I ~I ~
%!
<:1 \0
z N
$
<:1 <:1
z z
t ~I 8
~
,......,
-
~
~I ~I
z
e;;
=
08
'"
'"
<.B
8
Q..
~
<:
z
o
<'l
V)
-
8 ~I
11
00
o
-
@
V)
N
o
-
o
\0
'"
<.l
....
U
""
V)
,......,
e
'"
~
u
""
o
V)
..ci
;:l
CI.l
<.l
a
o
::I:
.....:
;:l
=
""
:s
N
:I:
:s
~
....
""
Q..
<.l
8
::I:
2
:g
:s
-
:I:
:s
...,
~ ~ ~ ~
g g ~ ~I
~
\0
N
V)
"<t
o ~ ~ ~I
6 6 ~ ~
o tr) .-; .-;
N N '-' '-'
~
t:-
o
"<t
~ ~ ~ ~
,......,
-
~
~ ~I ~
000
00 V) 0
-
o
o
o
o
-
~ ~I ~
<:1 <:/
z z
'"
'"
<.l e;;
.5 'u ~
:g tl 'u
i:Q a i)
"8 8 ~
1: u 0
o >. U
.D ~ '"
t'b oc
0;:) t'b 5
z :E E-<
"'f
i:Q
N'
~
<'l
~
o
V)
~I
<:
z
II
'"
~
u
""
N
o
;:J
Q..
'"
'"
<.l
=
ov;
;:l
i:Q
cl
;:J
Q..
i:Q
::: <: <:
z z z
~ ~ ~I
$
V)
"<t
V)
"<t
o
o
rl:,
co=
Q,l
-
co=
E E ~I ~
o 0 co=
N N "'0
-
'S
.Q
V)
N
V)
N
~I ~I ~I
~ ~I ~I
~ ~ ~
~I ~I ~I
~
tl
'"
;:l
"0
..s
~
:.::l
o
;:J
Q..
e;;
'5
'"
;:l
>. "0
~ ~
<.l
::I:
]
tl
'"
;:l
"0
..s
-
,
-
cl
:[ ~
~I
~I
-
Q,l
c
~I ,5
'"
=
"'0
Q,l
-
co=
'3
("j
-
co=
("j
Q,l
.Q
-
-;
.c
'"
'"
-
c
Q,l
8
Q,l
-
'S
0'"
Q,l
-
Q,l
OJ:!
CO=o
_Cl.l
OOJJ
Oro
~o..
Q,l.......
-><:
CO=Cl.l
=1::
0"'1::
"'0
-VJ
OCl.l
-.......
EO
=.5
E8
'S'"'""
.... Cl.l
~~
N
,
>
,......,
<.l
"0
o
u
i:i
<.l
a
0.
o
v
>
<.l
Q
"0
I':
o::l
t::!
'"
<.l
....
;:l
"0
<.l
U
o
....
Q..
'"
<.l
:g
'0
e:.
o
-..
~
;.:
<.l
c:.::
TABLE V-I FOOTNOTES
'-"
Dlank Spaeo\ Variable depending 011 ~peGifie ~ite eonditlon~
.."
(1) 50 feet upland from mean high water line
(2) 15 foot minillltll11 or 10% oflot fro11tagc w llkhevGl i~ glGatcI and 25 fca on cornel Setbacks
for single family homes in multifamily zoning districts shall be the same as the R-2 District
(3) 50 feet when adjacent to residential zoning/use
(4) 25 feet upland from wetlands vegetation
(5) 2 story dwellings shall increase side setback additional 5 feet on river, lakes, golf course &
common open space.
(6) From cartway
(7) Zero setback abutting RR
(8) Modular homes permitted in these districts only.
(9) Abandoned streets in Florida Shores only require ten (10) feet side comer setback.
(10) 3 or more units shall comply with density and other requirements for site plan approval.
Ql.l Side comer lots shall have two (2) side yard setbacks, no rear
ill} Side comer setbacks shall be the same as front yard.
i.l.Jl Minimum lot square footage shall be calculated based on the buildable area.
.c.w All properties located on SR 442 shall have a forty foot (40') setback from the new right-of-
way lines.
1..122 Single family or duplex uses in the R-4 and R-5 district shall have a minimum lot size of75
feet by 115 feet.
SECTION 21-51 - UTILITIES
21-51.01 - Comprehensive Plan Reference
The provisions of Section 21-51 - Utilities are consistent with and implement the Comprehensive
Plan poliGie~ li~ted bdow: contained in the
a. Future Land Use Element-=-5-:4-
b. Sanitary Sewer Dlcmc11t =-3:t and
c. Potable \Yater Utilities Element =-3:4
Rev. 9/01 (PoliciesProcedures/LandDevelopmentCode) V - 3
'-"
.....,
21-51.02 - General Requirements
a. All development shall comply with the appropriate sections of Article XI (Concurrency
Management System).
b. All new development proj"ct~ shall connect to the City's water and sewer system.
c. All new development shall be required to connect to the reclaimed water system, if available.
Upon review/IccommGndMioll by the Un vironmGhtal Ser vice~ Director, d Drylines may be
required in accordance with the master reclaimed water plan.
d. The tltility rcqtliiCmwt~ for ~tlbdivi~ions arG fotlnd ill Article XIII. (Moved to g.)
d. All groundwater used in water-to-air heating and air conditioning systems must be directed
to landscape irrigation systems, groundwater injection or exfiltration systems.
e. All development plOjGct~ shall gGnerally comply with the existing SJRWMD water
conservation requirements.
f. All plOjcct~ development shall pay aH City and County roadway and schoollcqtlircd adopted
impact and applicable development fees. plior to lGGd v iiIg a Dtlilding rCIluit. All plOjeGt~
~hall pay all COtlnty reqtlilGd impact fce~ prior to reed v ing a CcrtificatG of OCCtlpal1c)'.
g. All multifamily, commercial and industrial development plOjGct~ shall be required to install
backflow preventors. Utility requirements for subdivisions are found in Article XIII.
h. All multifamily, commercial and industrial development plOjGCt~ shall be required to locate
and install M may bG l1CCG~~ary, fire protection appliances pursuant to the criteria established
by thG Pir G D<:pal tmwt in Article XVI.
1. The developer shall obtain approved plans from appropriate electrical utility provider for
street light design. All new developments shall be required to create a streetlight assessment
district to fund installation and operation/maintenance expenses. The streetlight district will
be under the control of the homeowner association. Street lights shall be generally provided
at all intersections. and at intervals along each street of between 300 and 400 feet.
k. St!Gct lights ~hall be gCl1Grally plO v idcd M all intcl~cetioiI~, and at illtGl v al~ along G.1ch ~tlGct
of bctwG"n 300 and 400 fG<:t. (Moved to i.)
Rev. 9/01 (PoliciesProcedures/LandDevelopmentCode) V -4
"'-'
'-'
21-51.03 - Utility Easements
a. All new electric, telephone, fiber optics.. cable television and other such lines (exclusive of
transformers or enclosures containing electrical equipment) and gas distribution lines shall
be placed underground within easements or public rights-of-way pur5uant to Gritelia
e5tabli51led by tIle City unk55 the TRC dctClllline5 other w isc.
b. Lots abutting existing easements or public rights-of-way where overhead electric, telephone
or cable television distribution supply lines and service connections have previously been
installed, may continue to be supplied with such services using the overhead facilities.
c. When a developer installs or causes the installation of water, sewer, electrical power,
telephone, or cable television facilities and intends that such facilities shall be owned,
operated or maintained by a public utility, the developer shall transfer to such utility the
necessary ownership or easement rights to enable the utility or entity to operate and maintain
such facilities.
d. Except for fire protection applialIGe5, all above groultd appa1atu5 placed 5ltall be 5CleGlled
from public view.
SECTION 21-52 - VEHICLEIPEDESTRIAN CIRCULATION REQUIREMENTS
21-52.01 - Comprehensive Plan Reference
The arrangement, character, extent, width, grade and location of all streets shall be considered in
their relation to existing and planned streets, to topographical conditions, to public convenience and
safety, and in their appropriate relation to the proposed uses of the land to be served by such streets.
The provisions of Section 21-52 - Vehicle/pedestrian circulation are consistent with and implement
the Comprehensive Plan polieic5li5ted below: contained in the
a. Future Land Use Element =-5:4 and
b. Traffic Circulation Transportation Element - 1.5, 1.7 &. J.J
The regulations and requirements as herein set forth are intended to provide pri vate and/or public
legal access to all parcels of land or development within the City and to control vehicular movements
thereof to facilitate safe vehicle and pedestrian patterns.
21-52.02 - Access/Driveways
a. Prior to issuance of a building permit, all parcels, lots, or new development shall have access
to an dedicated improved public road or 5trcct, or tea private road or 5trcet which shall be
developed to the City standards fOl a public road or street as set forth in Section 21-169.03.
Rev. 9/01 (PoliciesProcedures/LandDevelopmentCode) V-5
--
....."
b. Driveway access to corner lots shall be located a minimum of forty feet (40') from the
intersection of right-of-way lines on local streets and a minimum of one hundred feet (100')
from the intersection of right-of-way lines on all other functionally classified streets.
c. No driveway shall be located closer than six hundred sixty feet (660') to an intersection on
an arterial roadway (US 1, SR 442) and three hundred thirty feet (330') on maior collector
roadways (Park A venue, Airpark Road, Old Mission Road, Voleo Road). Driveways shall
conform to FDOT turning radius standards.
d. POI OthCl thalI ihdi v idtlal ~ingk family, 01 dtlpkx, lot~ 01 palcd~, t The City shall have the
authority to require the creation, use and maintenance of common, joint-use driveways or
other common ingress/egress facilities which provide access to two (2) or more lots, parcels
or developments, when such joint use driveways are needed to protect, maintain or improve
public traffic safety (see 21-56.04). Creation of joint use driveways shall be by recorded
legal agreement provided that, in all cases the agreement must:
1. Hold the City harmless from any and all claims or potential liability; and
2. Be recorded in the public records of V olusia County, Florida prior to issuance of a
building permit; and
3. Must run with the lands involved and be binding on the parties to agreement, their
successors or aSSIgns.
e. Adjacent (same side of the roadway) single family and duplex residential driveways shall be
paved including the apron and separated by a minimum of ten feet (10') as measured
driveway edge to driveway edge. No driveway shall be closer than five feet (5') to any lot
line or encroach into any side or rear easement.
f. Adjacent nonresidential driveways shall be separated by a minimum of forty feet (40') as
measured driveway edge to driveway edge, unless there is a recorded joint access agreement.
f. Oppo!ling (oppo~itc ~idc!l of thc 10adway) nonlc~idcntial d1ivcw<ry~ ~hall bc off!lct 01
5cpalatcd to thc maxium111 cxtcnt fca!libk flom cxi5tihg dIi vcwaY!l, tlnkM thuc i5 alccoIded
joint aCCC55 aglCCllKht.
g. To the extent reasonably possible, driveway access to nonresidential land uses shall line up
with driveways across the street.
h. Nonresidential land uses or developments (including parking lots) shall not connect to, have
access to, or primarily use any local residential street, unless:
1. No other site access (including joint use driveways with other parcels) is possible.
2. All traffic, site, and environmental conditions of the subject site, street, and
neighborhood are, or will be suitable and compatible to accommodate the anticipated
Rev. 9/01 (PoliciesProcedures/LandDevelopmentCode) V -6
......
.....,
traffic, environmental, and aesthetic impacts of the proposed nonresidential use or
development without significant adverse impacts to neighborhood and the City as a
whole. The site evaluation/traffic analysis report shall be submitted by the project
applicant for the City's review and approval.
1. The City may require dedication of access rights to the City to control future ingress and
egress.
1. Driveways shall have a minimum width of nine feet (9') for access way serving residential
uses and a minimum width of twenty feet (20') for double access ways and twelve feet (12')
for single access ways serving multi-fammily or non-residential areas.
21-52.03 - Drive-Up Facilities Standards
All facilities providing drive-up or drive-through service shall provide on-site stacking lanes in
accordance with the following standards:
a. The facilities and stacking lanes shall be located and designed to mInImIZe turning
movements in adjacent streets and intersections.
b. The facilities and stacking lanes shall be located and designed to minimize or avoid conflicts
between vehicular traffic and pedestrian areas such as sidewalks, crosswalks, or other
pedestrian access ways.
c. A by-pass lane shall be provided so that the full aisle width is provided for parking
maneuvers.
d. Stacking lane distance shall be measured from the service window to the property line
bordering the furthest street providing access to the facility.
e. Minimum stacking lane distance shall be as follows:
1. Financial institutions shall have a minimum of one stacking lane with a minimum
distance of two hundred feet (200'). Two, or more, stacking lanes may be provided
which together total two hundred feet (200').
2. All other uses shall have a minimum distance of one hundred twenty feet (120').
f. Alleys or driveways in or abutting areas designed, zoned, or developed for residential use
shall not be used for circulation of traffic for drive-up facilities.
g. Where turns are required in the exit lane, the minimum distance from any drive-up station
to the beginning point of the curve shall be thirty-four feet (34'). The minimum inside
turning radius shall be twenty-five feet (25').
Rev. 9/01 (PoliciesProcedures/LandDevelopmentCode) V-7
......
.....,
h. Con5trtlction of 5tacking lanc5 5hall conf~rnl to the 5pccific.ltioM M rcquircd by tllc City
Dngir.cer.
21-52.04 - Sidewalks
A system of sidewalks shall be provided by the developer to provide safe movement of pedestrians
separately from motor vehicles unless waived by the TRC.
a. Sidewalks shall be required on both sides of streets in all new development projects and in
front of redevelopment projects, in the dedicated right-of-way. (FIND Project is exempt due
to prior agreement.)
b. All sidewalks shall have a minimum width of four feet (4') and be separated by at least four
feet (4') from the road edge.
c. As an alternative, in residential areas, sidewalks may be provided within rear lot easements,
or common open space areas as part of an approved development plan.
SECTION 21-53 - STORMW A TER MANAGEMENT REQUIREMENTS
21-53.01 - Comprehensive Plan Reference
The intent of this Section is to provide regulations that ensure post-development stormwater runoff
rates and Lvolumes that do not exceed the pre-development rates and Lvolumes. It i5 fmther the
pur po~c of thi~ Section and to prevent erosion.. sedimentation and flooding to the maximum extent
possible. The provisions of Section 21-53 - Stormwater Management are consistent with and
implement the Comprehensive Plan policie5 li~ted below: contained in the
a. Future Land Use Element - 2.1 & 2.3
b. Recharge Utilities Element =-2:Z
c. Coastal Zone Mar.agemcnt Element - 4D2 & 4C5 and
d. Conservation Element =-2:Z
21-53.02 - Permit Authority
No pc,rson may ~ubdi v ide or make any changc5 in the, U5e of land or c.on5tmct 01 rccon5tI tIct a
5tructme or change tile ~iz;e of a 5tmcttUe, e,xcept M herG1iIaftcr e,xcmpted, No development activity
can occur without first obtaining a stormwater permit from the City DngiiIeer and/or the SJRWMD
as provided herein. It is the intent of the City to accept stormwater permits issued by the SJRWMD
in lieu of a City required permit. Development below thresholds of the District may require a City
stormwaterpermit. rm5uant to tILe, rcquile-mcnt5 ofChaptu471.025, [IS, all plaiI5 and 5pccifications
rcquired he-rcin 5hall be signGd and 5cakd by a rrofGs5ional Dnginculice-nscd to practice in Hodda.
Rev. 9/01 (PoliciesProcedures/LandDevelopmentCode) V -8
--
....."
The following activities may potentially alter or disrupt existing stormwater runoff patterns and shall
require a permit prior to the initiation of any project:
a. Clearance and/or draining of land as an adjunct to construction; or
b. Clearance and/or draining of nonagricultural lands for agricultural purposes; or
c. Subdivision of land;-or
d. Replatting of recorded subdivisions; or
e. Changing the use of land, or construction of a structure or a change in the size of one
or more structures; or
f. Alte1ation of any ~mface, \'Vate1 body ~lloIdine" 01
f. Filling of depression areas; or
h. Reduction of the, \'Vatcr table, and
1. Con vCI~ioh of agIiculttHalland~ to r.onagilcnltmal u~c~.
&. Construction of a driveway that crosses a public swale or ditch.
21-53.03 - Exemptions
The following activities shall be exempt from the formal stormwater permitting procedures of this
article:
a. Maintenance work on utility or transportation systems, if performed on established rights-of-
way or easements; provided such maintenance work does not alter the purpose and intent of
the system as constructed.
b. Maintenance work performed on mosquito control drainage canals.
c. Any maintenance, alteration, renewal, use or improvement to any existing structure not
changing or affecting the rate or volume of runoff or the impervious surface area.
d. The acceptance of a plat by the City Council in accordance with the subdivision regulations,
or approval of a site plan, shall be construed to include an approval of the stormwater
management system and a separate permit under this Section is not required. Subsequent
changes or additions not reflected by the accepted plat, or site plan, however, shall be subject
to the terms of this article.
e. Any maintenance, alteration, renewal, use or improvement to an existing structure that does
not increase the rate or volume of stormwater runoff. The City will recognize any
exemption~ given by the SJRWMD.
f. Construction of any new structure that consumes less than 1000 square feet of impervious
surface per parcel.
g. Thc City Dngincc1 may cmthoIize cnlClgcncy actior.~ \'V ithout a pCl111it \'V hcr. all applicant
Rev. 9/01 (PoliciesProcedures/LandDevelopmentCode) V-9
.....
.....,
plellentllleMonabk evidence that lltKh aetiohll ale nCCellMry to pIevent material delltltlction
of real or pCHonal property.
21-53.04 - General Design Standards
a. In general, the latest revision of the U.S. Department of Agriculture, Soil Conservation
Service's Technical Release No. 55 entitled "Urban Hydrology for Small Watersheds" shall
be used in the stormwater designs described herein. However, the City Engineer may
authorize the use of alternative methodology if similar results are produced.
b. The City's drainage summary form shall be submitted for all proposed development permits
not requiring a St. Johns River Water Management District (SJRWMD) permit.
c. Innovative approaches to stormwater management shall be encouraged and the concurrent
control of erosion, sedimentation and flooding shall be mandatory.
d. On-site pollution abatement shall be provided for no less than one-half-inch runoff depth
over the entire project area.
e. Pollution abatement shall be provided through retention where the project soils allow the
process to occur. If one hundred percent (100%) of the retention volume is not capable of
evacuation within seventy-two (72) hours through percolation and evapo-transpiration,
detention with filtration shall be used.
f. Other alternative methods, such as wet detention with controlled bleed down, are acceptable
at the discretion of the City Engineer, provided a permit from the St. Johns River Water
Management District is obtained.
g. All project areas greater than one quarter (1/4) acre shall also calculate the retention volume
based upon the runoff generated from the first one inch (1 ") of rainfall and be calculated as
the total percentage of impervious surface, including pond surface area, multiplied by one
inch of rainfall. If the runoff depth does not exceed one half-inch, one-half inch shall be used
as the runoff value.
h. All The use of filtration systems is discouraged. If no other storm water treatment method
is available, filtration systems (underdrain or exfiltration) shall require as a minimum two
(2) soil borings that detail soil profile, seasonal high water table, and any pertinent
percolation rates at the filter site location. Soil bOlingll ahd analYllell llhall be lligned and
lleakd by a Owtcchhkal DngilIceI Iegilltercd in Plorida.
1. All projects that qualify for SJRWMD Surface Water Management Permits pursuant to
Chapter 40C-42, F AC shall provide copies of the permit application and calculations to the
Planning and DcvdopmGnt Department as part of the site review process. Final District
Rev. 9/01 (PoliciesProcedures/LandDevelopmentCode ) V-I 0
~
....."
approval shall be granted prior to ~itc plan approval 01 issuance of development order or any
construction permits.
J. The post -development discharge rate and volumes shall not exceed the pre-development rates
in a 100 year/3 day storm event for land-locked basins and 25 year/24 hour storm event for
a positive outfall basin.
k. All rainfall amounts shall be interpolated from the hydrograph contour in the latest version
of TR-55 40 for the particular area of the City.
1. The peak discharge rate from the developed or redeveloped site resulting from a 100 year
storm event shall not exceed the peak discharge rate resulting from a 100 year storm event
prior to development or redevelopment.
"1. Rtlnoff eomptltation ~llall be based on the moM edtkal ~ittlation ahd eonfoIl'l.l to acceptable
engiheuing praGtkG~.
n. StOlmwatGI amoff 5hall bG stlbjGGtcd to DG5t MahagGmcnt rutGtkG pdol to di5GhargG into
natmal 01 artifkial draihagG SY5tCnl5.
m. No site alteration shall cause siltation of wetlands, pollution of downstream wetlands, or
reduce the natural retention or filtering capabilities of wetlands.
n. No site alteration shall allow water to become a health hazard or contribute to the breeding
of mosquitoes.
21-53.05 - Site Attenuation Standards
a. Proposed stormwater management facilities must be designed by a rrofG~~ional DhginecI
IGgi~tcled in the St<rtG ofPlolida, and ~hall to meet the minimum design performance criteria,
for both water quality treatment and attenuation, established by the St. Johns River Water
Management District (SJRWMD) within Chapters 40C-4, 40C-40, 40C-41, and 40C42, F AC
(or current chapters). Plans and computations shall be signed, sealed and dated with a
readable signature.
1. Stormwater management systems shall .1150 incltldG bG5t managGl1lent comply with
accepted engineering practices tl~Gd in thG indtl5tlY to minimize pollution, remove
oils and suspended solids, and other objectionable material contained within the
stormwater runoff to acceptable limits. The Plorida DGpal tmel1t of Dn v ilonmcntal
rrotection'5 mantlal <thd thG PlOlida Development Mantlal. A GtlidG to SOtlnd Land
and'vV<rtel ManagGrllel1t shall be tl~ed as bGst mahagGmGnt pl<tGtke~.
Rev. 9/01 (PoliciesProcedures/LandDevelopmentCode ) V-II
'-"
""""
21-53.06 - Positive Outfall Standards
a. A positive drainage outfall system shall be provided which does not adversely impact
downstream owners or adjacent lands, nor redirect preexisting runoff to previously
unaffected lands. A drainage easement shall be required for outfall systems on private
property.
b. In the case of preexisting flooding downstream, the City Engineer may allow the relocation
of the natural outfall, if it can be shown that:
1. Redirection of water will help mitigate downstream flooding problems.
2. Land receiving new upstream discharge demonstrates the capability to handle
additional upstream discharge.
3. Owner of new receiving land presents an acknowledgment and acceptance of the
outfall flows.
4. All iunoff tshall be t!e,atcd to Iemove, oj! and floatc'tbk tsolidts befoIe ditschaIge flom
~
4. All stormwater discharge to Class II Waters, principally the Indian River Lagoon,
shall meet the requirements of Chapter 17-3, FAC.
5. The seasonal high water table shall not be reduced if adverse effects on wetlands or
increased flows to the detriment of neighboring lands result.
21-53.07 - Shoreline Protection Standards
a. Vertical seawalls and bulkheads are prohibited, unless a variance is approved pursuant to the
requirements of Section 21-100. Hardening of the estuarian shoreline shall be permitted only
when other stabilization methods are not practical and erosion is causing a significant threat
to real property. Permits from the DcpartmGl1t of Nattual Re,tsotlicCts appropriate regulatory
agency are required.
b. A 50 foot wide shoreline buffer zone upland from the mean high water mark along the Indian
River Lagoon is hereby established. Except as provided in subsection "d" below, the native
vegetation shall be maintained and no development shall be permitted.
c. All portions of the shoreline containing wetlands vegetation are subject to the requirements
of Section 21-41.
d. No more than twenty percent (20%) or twenty-five feet (25'), whichever is greater, of the
shoreline within property boundaries may be altered for reasonable access. Reasonable
access may include docks, boat ramps, pervious walkways and elevated walkways.
Rev. 9/01 (PoliciesProcedures/LandDevelopmentCode) V -12
'-"
""""
21-53.08 - System Maintenance Standards
a. Except for systems accepted for City maintenance, property owners and/or occupants shall
ensure that all stormwater facilities are maintained in proper working condition.
b. The property owners of private systems shall execute an access easement to permit the City
to inspect and, if necessary, to take corrective action should the owner fail to properly
maintain the system(s).
c. Should the owner fail to properly maintain the system(s), the City shall give such owner
written notice of the nature of the corrective action necessary.
d. Should an owner fail to complete corrective action within thirty (30) days of the written
notice from the City, the City may enter the parcel, complete the corrective actions and assess
the costs of the corrective action to the owner.
e. All areas and/or structures to be maintained by the City must be dedicated to the City by plat
or separate instrument and accepted by the City Council upon a recommendation from the
City Engineer and Planner.
21-53.09 - Stormwater Permit Application
a.
;;::~ p~""n plO~~,j~g to ro"'G ""y G"""gG in tho llllMgGmGhl of i!i ,izG of any :hf:~~, o~
~~ ~ ~ eO:,,!tttd . nG~ '!ludnIG, GXG.pt 11.< .xG'uptd dbo,G, ,u"l' ,".1 :'~";
:"!~~~ ~~ d;nli~~ 'ppliG.ti 011 roll". to tilG PI'ullin g anJ DG ,d oproGhl Dopa. hl- ,I '. "0
fee ~ha:H be d1dlged fOl pldmunalY applicatIon. A stormwater permIt applIcatIOn IS reqUIred
for development activity as described in Section 21-53.02. The application shall include:
b.
;: ~~~~I~~~~! ~plication 5hall be filed by the oWllo/applicant in dtlplicatc and 511all
eontam the followmg dement5.
1. A location map, and
~. ~ 5~:tc~1~nt exple55ing ~he intent and 5cope of the plOp05Cd ploject, and
J. A sehedtlk of pl0p05Cd 1I1lpl0vel1lelIt:<..
c.
~~~ Eo~illt;na.-, 'pplk.timl ,h.1I bG IG,iG"td by tho City, in 0,&, to detGwlit" ~~: .
~~:~., ~ P,"lll1it 'pplj.atiud ,h"'l bG 'Gquil GJ. Widl;n tGn (10) :' III king d. y, <lfte; ~;:~;~ ;0;;
~~: ~~cI~~~I~a~ :~I1Gat!~~l, the CIty wIll notIfy the applIcant that eltho t 1
applOved, is exempt, 01 a 5tMdald pell11it application mtl5t be filed f'01 the plOjeet.
d.
~~ ~ ~~~~~~a.rdr~el]~~i.t applicatio~l i5 lcqtliICd fOI the PlOj~Gt, the applica~lt 5hall fU1lIi5h the
followmg mfol111atIon to the CIty and pay the fee e5tablI5hcd by le50ltltwn.
Rev. 9/01 (PoliciesProcedureslLandDevelopmentCode) V -13
,
c.
f.
g.
........
.....,
1. Detailed site plan prepared by a professional engineer or architect registered in the
state of Florida;
2. Topographic maps of the site before and after the proposed alteration, as prepared by
a professional engineer or land surveyor registered in the state;
3. General vegetation maps of the site of the 5ite before and after the proposed
alteration; and
4. Construction plans, specifications, computations and hydrographs necessary to
indicate compliance with the requirements of this article, as prepared by a
professional engineer registered in the state of Florida. Construction plans shall be
readable with a minimum scale of one inch (1 ") equals thirty feet (30').
Any per SOh p10p05ing to con5tttlct add veway whkh would C1055 a 5waIc Ot ditch, 01 to build
an} Mmctme which might impede the intended flow of water thwugh 5uch 5waIc 01 ditch
5hall make applkation to the Duilding Official. (Moved to 21-53.02)
~ ~~l:~t~ction pcru,.it 5hall 1I0t be. i55UC~ until thc p10posed d1! vcway 01 5tmctmc i5
applovcd by thc EnvHonnKhtal SC1 vKC5 Ducetol.
Thc City 5hall not i55ue a Cutificatc of Occupancy unIcM thc prop05Gd w01k GOnfOll115 to
thc pum!t condition5.
21-53.16 - Peuult Ded~iol1 Clitetia
a.
8.
1.
~;l~ ~!~~~a~t~~~t~G5. and .limit<rtiom of the 50il at thG p10p05ed 5itG, with 1G5pGGt to
pe1Golatron and mflltIatton,
:~;~~1~~Phi~.I~~5 ,o~thc 5!t~ bcfore a~d aftel the prop05cd altGiation, as prcpated by
a FlC')uda IcgI5te1cd rlok5510nal EngIneC1 01 Sm veY01,
:;~~ e:i~~i?~ v cg:~ation map of thc pI op05ed 5ite and thc cxtent of v cgctation change5
aft"l dCvdopment,
The impact thc pwp05ed pwjGct will liaVe 011 the natmal lechaIgG capabilitiG5 on the
~
,
::h~ i~lp~~t t-h~ ~posed pIojeet will havc on thc down5ttcam watc1 quantity alId
quality ar1d ~pccificaIIy the potential fol dow n5tleam floodilIg conditions,
;2~~ ~~1~: ~n~ 5T'c:~~ic~tion5 of 5t~ hGtmG5 ?1 dGv 1ce5 thG applicant intcn~5 to Glllploy
fur C'),,-srte water IGtChtlOII detentron, eI05ron contlol, and flow attGnuatIon,
~I:~ ~~:~G~ t~e ~l(j~os~d water Ictention Ot detention 5tltlctmc5 will havc upon
mC')squrto brGGdrng habItat,
~~~~:~ p'1~j~~t.5 5liall require the 5ubmi5sion of an ovGraII plan fOt the appIicant'5
tC')tal lal1d holdIng5, and
2.
J.
4.
5.
6.
7.
Rev. 9/01 (PoliciesProcedureslLandDevelopmentCode) V -14
.....
.."",;
9.
The ad~q~a~J of easement~ M! the d!ainag<:- ~yMeI11 1Il tG1m~ of both ltmoff
collVeya.llGG a~d maintenance.
The iI11paGt~ to exi~ting ~etlands.
10.
b.
:t~ :;, ;;;' :':: :~~d:::~ -a d~ci.i,," ~ilhiH Gftccn (15) WOl~~ :; :'or.:
:~~::j:~~~, ~~~.~Hn;ngMlJ ~.ch>P':'~"1 DcpMLnc..1 ...0,1 infullnG __ kIn
~tattt~ elfthc lc,vle\lV piOCGM a,ld the antiCIpated eompktiol, date.
c.
d.
~~~~ ~::~ ~~ ~!~~\~~ 01 modifiGd, the City lJhgineel ~hall stat<:- the leason~ fOl lejeGtion 01
modtfleatton ell delay.
e.
If the applicant fcd~ aggIievcd due to iejcction, modification or delay, he may request a
healing bcf6ie the City Council.
21-53.10 - Plan Adherence
a. Upon apploval of the pldiminal} 01 ~tahdald issuance of a stormwater permit application,
the applicant shall be required to adhere 1\tlictly to the pfarr permit as approved. Any change
or amendments to the plan must be approved by the City Engineer in accordance with the
procedures set forth above.
b. After the completion of the project, the applicant or his engineer shall submit as-built plans.
21-53.11 - Enforcement
In addition to, 01 instead of, the code enforcement remedies described in Article X, the City Engineer
is authorized to:
a. Issue written notice to the applicant specifying the nature and location of the alleged
noncompliance, with a description to bring into compliance within a reasonable specified
time; and/or
b. Authorize the issuance of a stop-work order directing the applicant or person in possession
to cease and desist all or any portion of the work that violates the provisions of this Section
if the remedial work is not completed within the specified time.
Rev. 9/01 (PoliciesProcedureslLandDevelopmentCode) V -15
......
"WI'
SECTION 21-54 - LANDSCAPING REQUIREMENTS
21-54.01 - Comprehensive Plan Reference
The intent of this Section is to improve the appearance of the c01l11mmity City, ro protect and
improve property values and ro establish an integrated system of landscaping and horizontal
corridors that provide visual accessibility to businesses. The provisions of Section 21-54 _
Landscaping are consistent with and implement the Comprehensive Plan policies listed bdo~:
contained in the
a. Future Land Use Element-=-5:-5
b. Tlaffic Ciletll<rtion Utilities Element =-5:+ and
c. Recreation & Open Space Element - 2.1 &. 2.2
This Section applies to all proposed development and redevelopment except single family and
duplex residential projects. New subdivisions are subject to the requirements of Article XllI.
Landscaping plans must be submitted as a component of develo{Jment approval.
21-54.02 - Installation Standards
a.
The property ownel, OeGUpalit audkll ag,Gnt shall bG jointly and ilidi v idually shall be
responsible for the installation of required landscaping in conformance with accepted
commercial planting procedures.
b.
The property owner, occupant audiO! agcnt shall be responsible to ensure that all required
landscaping is maintained in a healthy condition, including but not limited to sufficient
watering and trimming.
c.
All plant materials used in conformance with the requirements of this Section shall be
Florida grade #1, as established, and periodically revised, by the Florida Department of
Agriculture and Consumer Affairs.
d.
~B 1~~l~SC~(,d alGas shall bc plovided with an automatic landscape 1l10isttue sGnsitive
ri:' :n~,~: ':.:~::" 1~:'A ;:;:!,"w< ill igativn ,} ston, vi omploy xc, ;sc'p< technology.
Bevdopment sites ~f 10,000 squalG feet, 01 kM, may USG llosc bIbs.
d.
Ground cover shall be planted so as to present a finished appearance and complete coverage;
undGl nounal glOwing cOliditions, within twelve (12) months of installation.
e.
Shrubs uscd to foun and hedges shall be non-deciduous species, shall be a minimum of
twenty-four inches (24 ") in height immediately after Plantin~. abo v e the gl ade of the adj c'Kent
~~:~~ :1~ ~h~l~ ~~ S-?~~ ~~llIl continuous visual SClcel thil ty-six inchGs (J6") in height
:~ ~ thc gl a.k .; the adj""~~1 gl o'hd, ."dc, hOu "a1 glOw ing <O"dil;O"" "ilhih I" d, c (i 2)
m~ntlls. Plants shall be spaced no more than three feet (3') apart measured center to center.
The number of shrubs required shall be determined by the linear length of the lot perimeter
divided by three.
Rev. 9/01 (PoliciesProcedureslLandDevelopmentCode) V -16
'W'
.,
f. Grass areas shall be sodded, plugged, sprigged or seeded, except that sod shall be used in
road right-of-ways, swales, stormwater management areas and other areas subject to erosion.
New single and duplex family residences must sod all disturbed areas or fifty percent (50%)
of the lot area vrior to the time the Certificate of Occupancy is issued.
g. Landscaped areas required by this Section shall not use either the trees listed in Table V-6
(pagG V-20) nor the plants listed in Table v-=q. V-2.
TABLE V-9- ~
PROHIBITED PLANTS
COMMON PLANT NAME BOTANICAL NAME
Acacia Acacia spp.
Air Potato Vine Dioscorea bulbifera
Caster Bean Ricinus communis
Hydrilla Hydrilla verticillata
Kudzu Vine Paeraria lobate
Mimosa Albizia julibrissin
Paper Mulberry Broussonetia papyrifora
Rice Paper Plant Tetrapanex papyriferus
Rosewood Dalbergia sissoo
Taro Colocasia esculenta
Water Hvacinth Eichhomia snn.
21-54.03 - Parking Lot Landscaping Requirements
The requirements of this subsection shall apply to aft new parking areas.. and palkil1g a:IGM that ale
altered or improved ~ hGn a ~itG ~tI tlGttlle i~ enlalged parking areas and parking areas that are altered
due to a change in use of the primary structure. TIle IcqtlilemGl1t~ al~o apply ~ hen a changG of m;e
OCCtl15 that leqtli!e5 the palkiIlg aLea to be altocd.
a. A minimum ten foot (10') wide landscaped area shall be provided between vehicular use
areas and any adjacent public roadway.
b. MH Landscaped areas shall be protected from vehicular encroachment with effective wheet
5tOp501 curbs.
c. Parking areas shall be designed so that in areas other then industrial zoned property no more
than ten (10) spaces in a row occur and shall have a minimum ten foot (10') landscaped
island in between.
Rev. 9/01 (PoliciesProcedures/LandDevelopmentCode) V -17
d. Parking lots shal~ve a minimum of a fi v G foot (5') ten fo'M"(lO') landscape area abutting
the stalls unless abutting sidewalks.
e. The, land~c.lping plan mtl~t be il.pplO ve,d by thG Planning DilcctOl.
21-54.04 - Buffer Yard Determination Process
The City shall utilize a matrix to determine buffer requirements.
a. Determine the type of proposed land use.
b. Identify the type(s) of land uses adjacent to the proposed site on Gadl ~ide, except the side
adiacent to on a public roadway, i.G., thG flont '.lid by ddihition.
c. Identify the land use intensity classification from Table V=8- V-3, i.e., Class I, II, III, IV, V
or VI.
d. Determine the buffer yard classification from Table V=9 V-4, i.e., A, B, C or D. For
example, a Class III land use adjacent to a Class II land use requires a B buffer yard.
e. Select the desired buffer yard components for each perimeter of the site from the B buffer
yard options in Table If=te V-5. For example, a project needing a B buffer yard has the
following options to meet the buffer yard requirement:
1. Install a 30 foot wide buffer yard with 24 plants per 100 linear feet of bound.llY line,
and one tree for each 1500 sq. f1. of lot area and no wall; OR
2. Install a 20 foot wide buffer yard with 32 plants per 100 linear feet ofbotlndmy line,
and one tree per 1500 sq. f1. of lot area and a 6 foot high masonry wall; OR
3. Install a 15 foot wide buffer yard with 40 plants per 100 linear feet ofbotllldalY linG,
and one tree per 1500 sq. f1. of lot area and a 6 foot high masonry wall.
L Where walls are selected, they shall be inside the buffer area with planting: on the outside.
g. A project could have different buffer yard requirements for each side depending upon the
adjacent land uses.
h. The buffer yard plan shall be included in the landscaping plan and ~tlbjcct to applov.ll of the
Planning DilCctOl.
Planting of trees in buffer areas may satisfy the total number to meet the one tree per 1500
square feet of lot area requirements.
Rev. 9/01 (PoIiciesProcedures/LandDevelopmentCode) V -18
......
.....,
Class I Class II Class III Class IV Class V Class VI
Single Family Townhouses Day Care - Children Atlto Sc" ,iGc/RGl'lIiI Places of
or Adults Restaurant Assembly
Duplex Community Manufactured Eatiuo & Outdoor Outdoor Storage
Residential Home Subdivisions DlluIcihg Recreation
Homes E'Itt!bl~"IHl,,"t~
Bars Lodlles
Multifamily Multifamily Professional Schools - Public Warehouse & Body Shops
Dwellings Dwellings Offices Private Distribution Auto Service/Repair
less than 4 No spec.
units
Machine Shops
Institutional Automobile Sales I-I Uses Not 1-2 Uses Not
Residential Specified Specified
Homes
Nursing Retail - Not BPUD uses not IPUD uses not
Homes/ALP's Specified specified specified
Bed & Personal Service Indoor Recreation
Breakfast Establishments
Places of Worship Hotels & Motels
RPUD Medical, Dental & Shopping Centers
Veterinary Clinics
Theaters
Mini-warehouse B-3 & B-4 Uses
Not Specified
Marinas/Fish
Camns
TABLE V-8 J
LAND USE INTENSITY CLASSIFICATION
TABLE V-9~
BUFFER YARD CLASSIFICATIONS
Adiacent (Existing) -band Use Intensity Class Proposed bmd Use Intensity Class
From Table V-8 From Table V-8
I II III IV V VI
Class I N/A A B C C D
Class II BA A B C C D
Class III e!l B A A A A
Class IV C C BA N/A N/A A
Class V f}~ C eA N/A N/A N/A
Class VI D D f}A BA N/A N/A
Rev. 9/01 (PoliciesProcedures/LandDevelopmentCode) V -19
......
...,
TABLE V -it ~
BUFFER YARD PLANTING OPTIONS
I Table V -9 Buffer Class Min. Buffer Yard Width Ft. Plants/lOO Ft. Req. Screening Req. Trees
Class A 20 20 None (1)
15 27.5 None (1)
10 37.5 None (1)
, , , " ' , ' ,
Class B 35 24 None (1)
20 32 (2) (1)
15 40 (2) (1)
, , " 'c
Class C 50 30 None (1)
40 40 (2) (1)
30 50 (2) (1)
, '; " '
Class D 70 36 (2) (1)
50 48 (2) (1)
40 60 (2) (1)
(1) One tree per 1500 sq. ft. of buffer yard
(2) 6 foot masonry wall (inside buffer) plus required p1antings and trees (outside of wall) unless part of an approved
Master Development Plan
21-54.05 - Buffer Yard Installation Standards
a. Buffer yards shall be located at the perimeter of the bnilding 1Sitc property and shall not be
located in any portioiI of an existing or proposed public m-eet road right-of-way.
b. When additional plants or trees are required fol in1Stallation in areas with existing natural
vegetation, it shall be done planted to minimize disturbance to-the of suitable native plants.
c. Fifty percent (50%) of the required buffer yard plantings may be located on either side of a
required wall on the same parcel.
SECTION 21-55 - TREE PROTECTION REQUIREMENTS
21-55.01 - Comprehensive Plan Reference
The intent of this Section is to protect certain trees to aid in the stabilization of soil by the prevention
of erosion and sedimentation; reduce stormwater runoff and assist with the C01Sts associated thucw itl1
and replenishment of groundwater supplies. It is fm thCl the intcnt to aid in thc 1 C1110 val of car bOh
~~~:~~~ ~~~ g:~l~ra~i01~ of oxygen in the atmo1Sphcre, pro~id~ a bnffer agaimt n~i1Sc pollntion,
~:~~: ~~~t;~tl~n agarnst damagc from 1SCverc wcatI.cr, ard In the control of draInagc, and the
restoration of dChuded sor!snb1Scqnent to constltlctton or gradmg. The provlSlons ofthrs SectIOn are
also intended to provide a haven for wildlife, bird1S which in tmn a1Ssi1St in thc control of insects;
Rev. 9/01 (PoliciesProcedures/LandDevelopmentCode) V - 20
.......
..."
protect~ and increase~ property values, provide~ a noise buffer. and con~cr vC~ and enhance~ the
City's physical and aesthetic environment.
Policy statements implementing these intents were adopted in the Comprehensive Plan. The
provisions of Section 21-55 - Tree Protection are consistent with and implement the Comprehensive
Plan policies li~tcd bdow. contained in the
a. Future Land Use Element - 5.17 and
b. Recreation/Open Space Element =-2:+
21-55.02 - Tree Removal Permit
a. Dxcept M provided in Table '1-6 (page '1-20), it ~hall be nnlawfnl to cnt down, remOvC,Ol
cffccti v dy dC.~tl 0)' thl ongh damaging, 01 to anthol iz:e the ~aI1le, any tl ec. defined in thi~ al tide
(21-55.02), twdve inche~ (12"), or gleatel, Diametel at DreMt Height (DUll) withont a tlee
removal pelmit.
b. It ~hall be illegal i~ plohibitc.d to remove 01 de~troy any manglove t1ee~ 01 ~tand~, legaldle~~
of ~iz:e, w ithont a De-pal tmwt of DIn it onmc.ntal Plotection (DDP) peIlllit.
a. Standard Permits: A tree removal permit shall be required for specimen trees of twelve
inches 02") DBH (diameter at breast height measured 4~ feet from base of tree) or larger
on all residentially zoned property. Specimen trees shall be defined by Article 21-55.06.
Trees to be removed in this category will be required to be replaced if there is any
insufficient number of trees left on the lot. Replacement trees shall be a minimum of 2Y2
inches in diameter measured 6 inches above the soil line. An application for the permit is
available in the Building Department.
b. Historic Tree Permits: A tree so designated as historic per Article 21-55.05 shall only be
removed by special permit granted bv the City Council under Article 21-55.03 b.
c. Specimen and Historical trees, regardless of location, in pnblic 01 pri v ate rigllt~-of-wa)' 01
utility eMemGllt~ shall only be removed upon the issuance of a tree removal permit. The. bee
~o lellloved ~hall be le.plaGcd M provide-d in Section 21-55.08.
d. Any tree listed in Table V-6 may be removed without a tree permit Icgaldk~~ of it~ location
and shall be prohibited from use in landscaping areas.
Rev. 9/01 (PoliciesProcedures/LandDevelopmentCode) V - 21
'-"
....,
COMMON TREE NAME BOTANICAL NAME
American Mulberry Morus rubra
Australian Pine Causuarina equisitifolia
Australian Pine Casurina leipconpholia
Brazilian Pepper Schinus terebinthifolia
Cajeput or Punk Tree Melaleuca leucadendron
Camphor Cinnamomum camphora
Chinaberry Melia azedararach
Chinese Tallow Sapium sebiferum
Ear Tree Enterolobium cycIocarpum
Eucalyptus Eucalyptus species
Jacaranda Jacaranda acutifolia
Silk Oak GreviIIea robusta
Woman's Tongue Albizia lebbeck
TABLE V-6
PROHIBITED TREES
21-55.08J - Replacenlellt and Relocation Tree Removal Permit Standards
a. Existing trees may be relocated to suitable areas on same site in accordance with sound
industry practices.
b. All mitigated {replaced or relocated} trees shall utilize the provisions of the Tree Protection
Manual For Builders and Developers published by the Florida Department of Agriculture and
Consumer Services Division and shall be a minimum of2.5 inches measured six inches (6")
above the soil line. Specimcn bees sllall be icplaced at a one, inch to one inch calipGi DDII
lost Historical tree removal permits granted by the City Council shall have the following
options:
1. Determine the tree to be removed is in such a condition that it is hazardous to the
surrounding area or proposed structure that no replacement is necessary. or
2. Require the replacement of historic trees at a ration of one inch (1 ") diameter to one
inch (1 ") diameter of replacement trees. or
3. Require the payment of money to the City's Recreation Fund equivalent to the
replacement cost of the replacement trees.
Rev. 9/01 (PoliciesProcedureslLandDevelopmentCode) V-22
~
~
c. Relocated trees shall be planted in landscape buffer areas or parking island areas provided
with irrigation systems Iequile-d by Scction 21-54.
d. All tlee-5Idocated, le-place-d, OIICquile-d pm5uant to the IcquilClllGllt5 hCldn mitigated tree
planting shall be replaced if they die within one (1) year after installation.
c.. A dCvdopCI W i5hing to 5ub5titute- tlce5 to th05C 5how h Oh an apploved 5itc plan, 5ha1l5ubnlit
an a1llendGd 5itG plan to thc TRC f'OI it~ con5idclation pm5uaht to the- Icquile-me-nt5 of Scction
21-54.
f. AICM of ade-vdopment 5it(, may bc dC5ignatcd a5 natmal vcgctation Icte-ntion/daGntion alca5
indicating that all cxi5ting vcgetation 5hall lcmain undi5tmbed on the alca 5itC and be
applO ve-d by the- Planning DiICCtOI. TICe-5 in such (tlCM 5hall be sufficient 5ilC to mce-t the
minimumle-placenKht 5ile.
e. Replacement trees shall be sufficiently spaced 5ufficiently apaIt to allow adequate growth
room for the species.
21-55.034, - Exemptions
a:-Notwithstanding any other provision of this Section to the contrary, any person may cut down,
destroy or replace or authorize removal of one or more trees, whose trunks lie wholly within the
boundaries of property owned by said person without pay ing a EGC fOI a tree removal permit if one;
01 mOle, any of the following criteria are met:
1. The property is engaged in active silviculture uses M defined llGIcih; m-
2. The property contains trees which may have been determined by the Building
Department to be deteriorated as a result of age, hurricane, storms, fire, freeze,
disease, lightning or other natural acts; m-
3. The trees are within an existing public or private right-of-way or maintenance
easement and requires action to maintain traffic visibility at intersecting public streets
or such other trees which may disrupt public utilities, such as powerlines, drainage
ways or other public needs.
~~~n1~~1 ~n~ ~~i1\toIical ttCC5, legaldk55 of locatioh, in public 01 pIi vat(, light5 of-~ay 01
utility ca5CllKnt5 5hall only be- 1e-11l0v(,d upon the i55uance- of a tIc(, ICl1loval pGlmit. The, tIee
50 IClUOve-d 5hall bc le-plac(,d M plovide-d in Scction 21-55.08. (Moved to 21-55.02 c)
c.
~h~ ~l~~Clty contain5 t1C(,5 that al(, planted and glO~h fOI 5ak to the- gmoal public 01
public pmp05('5. AlllIcem;(,d plant 01 tI(,C nm5e-IlC5 ahd botalIlcal galdcn5 aI(, IhcInde,d lh
thi5 cxclUptioh.
d.
AhY hce li5tGd in Table V-G may be, IClUOvcd ~ithout a hee, pCImit Icgaldk55 of it5location
Rev. 9/01 (PoliciesProcedures/LandDevelopmentCode) V -23
'-'
.....,
and ~hall be plohibitcd fIOllI tl~e in lahd~capihg aIeas. (Moved to 21-55.02 d.)
21-55.04~ - Historic Trees
Pursuant to Section 50-71, V olusia County Code of Ordinances as amended, the following trees are
designated as Historic Trees within the City: Historic trees shall only be removed upon approval of
a Tree Removal Permit granted by the City Council. See Section 21-55.03 b.
Common Name Botanical Name Inches (DBH)
Bald Cypress Taxodium distichum 36 plus
Live Oak Quercus vindniana 36 plus
Any tIee that IlIay be de~ignated a Hodda State Cllampion, United State~ ChampiOlI 01 V/odd
Champion by the Anluicah POIe~tty A~~oci(rtioh ~llall aho be a IIi~toIic TIee.
21-55.05~ - Specimen Trees
Specimen trees shall not be removed except M pIO. ided in SGction 21-55.03 without a Tree Removal
Permit or as part of an approved development plan. Pursuant to Section 50-71, V olusia County Code
of Ordinances as amended and the Stipulated Comprehensive Plan Agreement, the following trees
are designated as Specimen Trees. within the City.
21-55.061 - Protection Standards
Inches (DBH)
12 Ius
12 Ius
12 Ius
12 Ius
12 Ius
12 Ius
12 Ius
12 Ius
12 Ius
12 Ius
12 Ius
12 Ius
12 Ius
a. All mte development projects shall provide legal nIechani5m~ which in5tl1C the a plan to
protection of-historic and/or specimen trees after construction has occurred on a site. Such
mcchani5m5 plan may include, but not be limited to, conservation easements, common open
Rev. 9/01 (PoliciesProcedures/LandDevelopmentCode) V -24
."-"
~
space, tree protection easements, deed restrictions and homeowner association documents.
Pursuant to the Stipulated Agreement, the minimum protection requirements for historic and
specimen trees are as follows:
Number of Trees Minimum Tree Protection
2.9 01 k~~ pc'! aGre 01 pOltion too 80 percent of all ~tldl t1ee~
less than 2.9 oer acre
3.0 to 5.0 per acre Be 65 percent of all ~tlch tlee~
5.1 to 8.0 per acre 65- 50 percent of all ~uch tlee~
8.0 nlus ner acre 65- ~ " , == 4 oer acre
b. All proposed development projects shall be required to include a tree survey by either a
licensed Surveyor, or Arborist, locating all Specimen Trees twd ve inche~ (12") 01 gleatel
DDII or. the ~itc..
c. All trees to be preserved shall be identified on site by harmlessly marking or banding.
d. All trees to be preserved shall have their natural soil level maintained. Tree wells and/or
planter islands shall be provided if necessary to maintain the natural existing soil levels. All
efforts shall be made to maintain the natural drainage of trees in the grading and drainage
plan.
e. Prior to construction, the developer shall erect protective barriers around all trees to be
preserved. These barriers shall be sufficient to prevent intrusion on that area within the drip
line of the canopy of the tree.
f. During construction, no signs, attachments or permits may be attached to any protected tree.
g. No existing or replacement trees shall be removed after a Certificate of Occupancy is issued.
21-55.07~ - Installation Requirements
a. Single-family and duplex and mclntlf<'lctmed llome lots shall have a minimum of one (1) tree
per 2,500 square feet of lot area.
b. All development projects requiring site plan approval, shall contain a minimum of one (1)
tree for every 1,500 square feet of lot area.
c. If the lot contains an insufficient number of existing trees to meet these requirements,
replacement trees shall be provided. a~ de~cIibed in Section 21-55.08.
d. On ~tlch ~itc~ whoG no tteG~ exi~t, tlee~ ~hall be plantcd to achieve a tWGl1ty-five pel cent
(25%) Grown COvel in tcn (10) YGal~ priol to i~~tl<'ll1ce of Celtificate of Occupancy.
Rev. 9/01 (PoliciesProcedures/LandDevelopmentCode) V -25
~
...."
c. A Iltininmlll of fifty pe.1Ce.l1t (50%) of the. rcqui1e.d minimum numbc1 of t!e.o; as 1e.quired
above. 1\l1all GOh1\i1\t of e.xi1\til1g on-1\ite. tr('('1\, if 1\aid 11(,e.1\ ale. l1e.al111Y and/o1 p10vide
1\ignific.ant tle.e. e.allOpy.
d. In the event it is impractical to install the required number of replacement trees due to lot
size, building configuration or other impediments, the Planning Department may:
1. Allow a forty percent (40%) modification in the number required as long as the
overall caliper requirements are not exceeded; or
2. Allow the required trees to be planted on City property.
g. T1eC5 planted on City prope.1ty, adjae(,nt to a d(,vdopmGl1t projee.t, 511all GOnfo1lfl to Se.ction
21-55.08.
21-55.08 - Replacenlent And Relocation Tree Removal Permit Standards (Section moved to 21-
55.03)
21-55.09 - Enforcement
a. The Building Official or designee shall issue a stop-work order to any person found in the
act of cutting down, destroying, damaging or removing trees in violation of this Section.
b. Trec5 1 GIlI0 v ed in v iolation of thi5 SGGtion lllU5t bG 1 e.plae.Gd Oll a 011e. inGh pG1 inch of calipG1
at DDII 105t. Specimen trees removed in violation of this Section shall be replaced at a ratio
of 2 inches per inch of caliper lost.
Proposed change to relocate Chapter 10 Article V to Chapter 21 Article V
SECTION 21-56 - WEEDS, GRASS, AND BRUSH; STANDARDS FOR PROPERTY
MAINTENANCE
21-56.01 - Purpose and Intent
The continuous growth and urban development of the City requires the reasonable and
effective control and regulation of excessive accumulation of weeds, grass, brush, undergrowth and
other similar plant life. Standards for property maintenance are necessary to prevent fire hazards;
deposit oflitter; debris or combustible materials; infestation by rodents and other health endangering
wild animals; the breeding of mosquitos and vermin; or, other nuisances which threaten the public
safety, or endanger the public health or adversely affect the economic welfare of adjacent property.
21-56.02 - Definitions
The following words, terms and phrases when used in this section, shall have the meanings
Rev. 9/01 (PoliciesProcedures/LandDevelopmentCode) V - 26
,.."
...."
ascribed to them in this subsection, except where the context clearly indicates a different meaning:
a. Brush: shall mean the undergrowth of plant species that by virtue of their arrangement,
chemical composition, and growth pattern provide a ready path for uncontrolled fire to
spread. It shall mean herbaceous plants, plants and grasses with stems that wither away
annually or shrubs with woody stems that live from year to year as distinguished from trees.
Species included in this definition shall include, but are not limited to: saw palmetto,
gallberry, fetterbush and wax myrtle.
b. Improved lot: shall mean any lot to which improvements have been made, including, but not
limited to, change of grade through filling or excavation, installation of water or sewer line,
clearing of property to begin construction, or any other physical alteration which has
significantly disturbed the natural vegetation on the property.
c. Natural area: shall mean areas within larger improved lots where the natural vegetation has
not been cleared or disturbed.
d. Natural cover: shall mean trees, brush, roots and other by products of land clearing activity.
e. Structure: shall mean 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, sheds and similar structures. Structure shall not include, pipes, pump
stations and any other construction below ground level.
f. Trash: !';lwll Lavc tI,e ,l\al1l\::, ll,ca1lil1g a,1\ ddit,cd ill Scctiol, 19 60. All accumulation of grass,
shrubbery, or weed cuttin!Js, pine needles, and other refuse incident to the care of lawns,
shrubbery. vines, and gardens. The term "trash" shall not be taken to include trees, tree limbs,
tree stumps, brush used or broken appliances, furniture, bedding, building materials, lumber
or other material of like nature.
g. Unimproved lot: shall mean any lot which remains undisturbed and in a natural vegetative
state.
h. Vegetative fire hazard assessment: shall mean an assessment of an area to determine build-
up along with vegetative fuel hazard classification and threats it may pose to real property.
The assessment will be conducted utilizing the Volusia County Wildland/Urban Inteiface
Wildfire Hazard Assessment Guide (dated 01/2000).
1. Vegetative fire hazard: shall mean trees, brush or other vegetation which by reason of their
combustible nature during dry periods, their location or condition may cause loss, damage,
Rev. 9/01 (PoliciesProcedureslLandDevelopmentCode) V-27
.
~
....,
or injury to persons or property by reason of fire. For example, brush on undeveloped lots
averaging over three (3) feet tall within thirty (30) feet of an existing structure and pine on
undeveloped lots within thirty (30) feet of an existing structure spaced in such a way that the
average crown closure is more than seventy-five percent (75%) are considered fire hazards.
21-56.93 - Excesshe ulo"Wth Plobibited
~~ ~~~~n ~hal~ p~rmit \'VC,C,d5, gia55, tlndciglo\'Vtli bltl5h, 01 OthCl 5imilal plant life to glOW
to a height c,xcc,c,ding t\'Vdvc, (12) indK5 on any plOpC,lty \'Vithin thc, city, ~l1ich 11M been lllo~ed,
clealed, 01 altCIed flom it5 oIiginal nattllal 5tatc.
21-56.03 - Property Maintenance - Duty of the Owner
a. Maintenance of commercial and industrial zoned lots. The owner of every improved lot,
piece and parcel of land located within a commercial or industrial zone within the city shall
keep each such lot, piece or parcel of land free and clear of all fallen trees and limbs and
brush exceeding twelve (12) inches in height. However, nothing in this subsection shall be
construed to require natural areas located within larger improved lots to be cut to a height
less than twelve (12) inches within such natural areas. Unimproved vacant parcels adjacent
to improved parcels will be inspected by the City to determine severity of hazard to the
improved property. If it is determined by the City that the property does pose a hazard, the
owner of the unimproved vacant parcels will be required to keep twenty (20) feet of their
parcel that is adjoining an improved parcel of land free and clear of all fallen trees, limbs and
brush exceeding thirty-six (36) inches in height.
b. Maintenance of improved residential lots. The owner of an improved lot in a residential
zone with lot sizes of one acre or less shall keep such lot free and clear of all fallen trees and
limbs. All weeds, grass and brush shall be cut to a height not exceeding twelve (12) inches.
However, nothing in this subsection shall be construed to require natural areas located within
larger improved lots to be cut to a height less than twelve (12) inches within such natural
areas.
c. Maintenance of unimproved residential lots. Unimproved vacant parcels adjacent to
improved parcels will be inspected by the City Fire Department and/or Code Enforcement
to determine severity of hazard to the improved property. If it is determined by the City that
the property does pose a hazard, the owner of the unimproved vacant lot in a residential zone
will be required to keep twenty (20) feet of their parcel/lot that is adjoining an improved lot
free and clear of all fallen trees and limbs, and all weeds, grass and brush therein shall be cut
to a height not exceeding thirty-six (36) inches within such area.
d. Garbage, waste, trash, etc., prohibited. The owner of every lot, piece and parcel of land
located within the city shall keep each such lot, piece and parcel of land free and clear of
garbage, waste, trash, debris and junk.
Rev. 9/01 (PoliciesProceduresILandDevelopmentCode) V - 28
'-"
...."
e. No property maintenance permit required; other restrictions and requirements applicable.
No permit shall be required for the limited property maintenance required by this section;
however, the requirements, restrictions and limitations imposed by other sections of this
Code and applicable provisions of the land development code pertaining to environmental
preservation, tree removal, change of grade, etc., shall be applicable. In the event of any
conflict between this section and any other provision of this code or applicable provision of
the land development code, the other sections of this code or applicable provisions of the
land development code shall prevail and govern.
21-56.04 - Enforcement
Code enforcement officers are hereby designated as the investigating and enforcing
authorities pursuant to this article. Code enforcement officers are authorized and directed to receive
all complaints of violations of this article, make inspections to determine if a violation exists, gather
all relevant information concerning such complaints, provide all required notices and take such other
action as may be reasonably necessary to accomplish the purpose of this article.
21-56.05 - Notice of Violation
a. Service. Upon determination by the code enforcement officer that a violation of this article
exists, a notice shall be provided to the property owner by certified mail, return receipt
requested; by hand delivery by the code enforcement officer, a member of the Edgewater
Police Department or other person designated by the city council; or by leaving the notice
at the owner's usual place of residence with any person residing therein who is above
eighteen (18) years of age and informing such person of the contents of the notice. Notice
may also be served by publication by publishing such notice once during each week for four
(4) consecutive weeks in a newspaper of general circulation in Volusia County. The
newspaper shall meet such requirements as are prescribed under Chapter 50, Florida Statutes,
for legal and official advertisements.
b. Content. The notice shall require that the owner cause the violation to be remedied within
ten ( 10) calendar days for improved parcels and forty-five (45) calendar days for unimproved
parcels of receipt or within fOlt)1-f1 vG (45) ten (10) calendar days of receipt to file a written
notice of appeal with the Secretary of the Code Enforcement Board requesting a hearing
before the Code Enforcement Board. The notice shall further state that in the absence of
compliance or the filing of a notice of appeal within the ten fur ty fi vc (45) day the
established time period, the city shall have the right to enter onto the property and take such
action as is necessary to remedy the violation without further notice to the owner. The actual
costs of such action plus the administrative costs as determined by the city shall become a
lien upon the property until paid. If a written notice of appeal is timely filed with the
Secretary to the Code Enforcement Board, the Secretary shall notify the owner by certified
mail, return receipt requested, of the date and time when the owner, his agent or
representative shall appear before the Code Enforcement Board to show the board that the
Rev. 9/01 (PoliciesProcedures/LandDevelopmentCode) V -29
,."
...,
condition described in the notice of violation did not exist at the time the notice was issued.
The notice shall also state that if the owner fails to appear before the Code Enforcement
Board at the designated time, in person or by representation, and has failed to take action to
remedy the condition before the date specified for compliance, then the owner shall be
deemed to have authorized the city to enter onto the property and take such action as is
necessary to remedy the violation without further notice to the owner. The actual costs of
such action plus the administrative costs as determined by the city shall become a lien upon
the property until paid.
c. Ownership. For the purpose of giving notice to the owner, the name and address of the
owner according to the records of the property appraiser of the county shall be used.
21-56.06 - Hearing Before Code Enforcement Board
a. The Code Enforcement Board shall provide each property owner who elects to appeal a
notice of violation an opportunity to appear, be heard and to present evidence or testimony.
Upon hearing all testimony and evidence concerning the alleged violation, the Board shall
determine whether or not the condition as described in the notice of violation existed at the
time the notice was issued and, if it is determined to have existed, whether the condition
continues to exist and should be remedied at the expense of the owner. The Board shall
inform the owner of its decision at the meeting.
b. If the Board determines that the condition as described in the notice of violation did not exist
at the time the notice was issued then the notice of violation shall be deemed of no further
effect.
c. If the Board determines that the condition as described in the notice of violation does exist
and should be remedied at the expense of the owner, the Board shall determine the amount
of time within which the owner may be allowed to remedy the violation and come into
compliance. Upon the failure of the owner to remedy such violation within the time allowed,
the city shall enter upon the property and take such action as is necessary to remedy the
violation without further notice to the owner.
d. If action to remedy the violation is taken by the city, the actual costs of such action plus
administrative costs (including the cost of publication) as determined by the city shall be
owed by the owner to the city and shall constitute a lien against the property until paid. If
the owner takes action to remedy the violation after the time allowed, including any
extensions if granted, the administrative costs shall be owed by the owner and shall constitute
a lien against the property until paid.
Rev. 9/01 (PoliciesProcedures/LandDevelopmentCode) V - 30
..,.
..""
21-56.07 - Lien Against Property
a. Notice prior to assessment. Prior to the recording of liens, the code enforcement officer shall
provide each property owner with written notice by regular mail of the cost of clearing the
property plus the administrative costs. The notice shall require payment within thirty (30)
days of the date of notice and shall state that it shall constitute a lien against such property
if payment is not received within thirty (30) days.
b. Lien established. If payment for the costs and expenses is not received within the thirty (30)
day period, an assessment against property upon which remedial action has been taken by the
City pursuant to this Article is hereby authorized. Such assessment shall include the unpaid
balance of the actual cost to the city of clearing the property plus administrative costs or the
administrative costs alone if the owner took remedial action after the time allowed. The
assessment shall also include interest at the rate of twelve (12) percent per annum from the
due date. Notice of such assessment shall be recorded in the public records of the county and
shall constitute a lien against the property until paid. Such lien shall be superior and
paramount to the interest in such lands of any owner, lessee, tenant, mortgage or other
person, except the lien of state, county or municipal taxes, and shall be on parity with lien
of such state, county and municipal taxes. If any such cost, expense or charge is not paid as
and when due and is in default for thirty (30) days or more, the unpaid balance thereof and
all interest accrued thereon, together with attorney's fees and costs, may be recovered and
such liens may be foreclosed by the City in the manner provided by the laws of the State for
foreclosure of mortgages on real property.
c. Satisfaction. Upon payment to the city of the total amount of the lien plus the interest
accrued thereon, a satisfaction of such lien shall be filed in the public records of the county.
21-56.08 - Alternative Enforcement Procedure
The procedures set forth in this article shall be supplemental to other procedures established
by the city for the enforcement of this Code.
21-56.10 - (Um n pCl mits H~quh cd)
21-56.09 - Burning or burying garbage, other refuse.
No garbage, trash, brush, natural cover or other refuse shall be burned except as provided in
Rev. 9/01 (PoliciesProcedures/LandDevelopmentCode) V - 31
...
...."
Article XVI ~Section 10.5-4 230 of this code, and no garbage shall be buried within the city.
SECTION 21-567.- P ARKING/LOADING REQUIREMENTS
21-567..01 - Comprehensive Plan Reference
Chapter 163.3202, FS requires adoption of land development regulations to include safe and
convenient off-street parking and loading provisions. The provisions of Section 21-56 - Parking and
Loading Standards are consistent with and implement the Comprehensive Plan polkk~ li~tcd below:
contained in the
a. Future Land Use Element ~ and
b. Tlampe,tt<rtion Utilities Element - 1.8 &. 5.3
21-567..02 - Off-Street Parking Standards
a. All required off-street parking shall be located a minimum often feet (10') behind the right-
of-way line of the adjacent street and on the same parcel as the building which they are
intended to serve, unless a joint parking area agreement is executed as described in Section
21.56.04.
b. No building permit, ze,ning (,hange, site plan, conditional use, planned unit development, or
occupational license application shall be approved unless the required number of spaces are
provided in compliance with the requirements herein, unless a variance has been approved.
c. Any land use that becomes non-conforming as to parking requirements upon adoption of this
&,de Article shall be required to come into compliance if the use changes or the structure
is expanded by more than twenty percent (20%).
d. The parking lot design standards are depicted in Table V=Z V -7 and Figure V=21\: V -7 A.
Rev. 9/01 (PoliciesProcedures/LandDevelopmentCode) V - 3 2
......
....",
TABLE V-~ 1
Parking Lot Design Standards
Stall Angle / 45 50 55 60 90 180
Requirements (ft) Dgres Dgres Dgres Dgres Dgres Dgres
Offset - A 18' 16' 13' 10' 10' 10'
Space Width - B 12' 12' 13' 10' 10'* 10'
Space Depth - C 18' 18' 19' 20' 20'* 22'
Landscape Area - D 10' 10' 10' 10' 10' 5'
Aisle Width - E 13' 15' 16' 18' 24' IS'
Turning Area - F 17' 16' 15' 14' 14' 14'
Maneuver Depth - G 15'
Maneuver Radius - H IS'
*Note 2' overhang is permitted when parking stalls are curbed.
FIGURE V -2* 7 A
Rev. 9/01 (PoliciesProcedures/LandDevelopmentCode) V - 33
...
...
e. Maneuvering areas shall be designed to permit vehicles to enter and leave the parking area
in a forward direction.
f. Any vehicle backup areas shall be fifteen feet (15') deep and have a minimum fifteen foot
(15') turning radius.
g. Driveways shall be considered parking spaces on parcels located in AO, RR, R-1, R 2, and
R-J zoning distticts developed for single-family residences. All driveways shall be paved
including the aprons and shall be constructed no closer than five feet (5') to any lot line, or
encroach into any side or rear easement.
h. When the parking calculations described in Table If::3- V-8 result in a fractional parking
space, fractions less than ~ shall be disregarded and fractions greater than Y2 shall require a
full space.
1. Each parking lot shall have direct access to a public street or legal easement as part of an
approved development plan.
J. All parking areas shall be landscaped as provided in Section 21-54.
k. As a gelIG!al!nk, p .Earking areas shall be hard-surfaced using any material approved by the
City Engineer.
1. All site plans shall include FDOT standard traffic control signs and pavement markings
necessary to ensure safe traffic and pedestrian flow, including but not limited to, fire lanes.
m. All customer generated parking areas shall be used for vehicle parking only, t'V ith lIO vehicle
~~l~~ ~ allY othG! sak~ aGtivity, dGad ~toragG, non-clUergGncy repair t'Vork, disnlalItling or
ser v icing of any kind, signagG, 01 ontdool di~play nnks~ Gxpre~sly pumiUGd clset'V hue in
the ar tick.
n. No door or pedestrian entrance at ground level shall open directly upon a driveway or access
aisle unless the doorway of the entrance is at least three feet (3 ') from said driveway or access
aisle, or unless improvements are provided to allow for safe doorway access.
o. All parking spaces shall have lines between each space and ~llall havG t'VIlGel stops, or
ctubing, M plovidGd below.
1. ',Vheel stop~ adjacent to landscaped alca~ ~hall be located J ~~ fect flom the front end
of thG stall to prevent olGroachmcnt into rcqniled land~capc areas.
2. \Vheel stops for stall IIot adjaGGnt to landscaped areM sllall be located 2 ~~ f{xt fl01Il
the elId of the ~tal1.
Rev. 9/01 (PoliciesProcedures/LandDevelopmentCode) V - 34
....
...",;
p. Public rights-of-way shall not be used to satisfy cithGI the on-site parking or loading
requirements and ~hall not be tl~cd to ~tole vehkk~.
q. All pIOjCGt~ ~hall colItain Development may be required to provide fire lanes next to the
pIincipal ~t1t1cttlle~ in accordance with the Life Safety Code M dGtGIIllined by the Pile Chief
Florida Fire Prevention Code.
Rev. 9/01 (PoliciesProcedureslLandDevelopmentCode) V -35
~
...",
Land Use Category Spaces Unit of Measure
Adult Living Facility 2 Each largest shift employee plus 1/5 beds
Assembly Places With Fixed Seats I per 4 seat plus I per employee
Assembly Places w/o Fixed Seats I 40 SFGFA of main assembly area space
Auto Sales * I 400 SFGFA plus
I I space for each vehicle for sale/lease
Auto Service/Repair 3 Service bay plus
I 200 SFGFA non bay area
Beauty/Barber Shops 1.5 per chair
Bed &Breakfast I per each room rented plus residential requirements
Community Residential Homes I Employee plus 5 visitor spaces
Convenience Stores I 200 SFGFA
Day Care - Children or Adults I Employee plus a 5 space drop area plus
I per 25 students
r:lltij.~ .i D,;j.l;u~ L~tabli...hll."ut I 4 Seats plus
Restaurants/Bars/Lodges I per 2 employees
Financial Institutions I 250 SFGFA on ground floor plus
I 200 SFGFA on other floors
Funeral Homes I 4 Seats in main assembly area plus
2 business vehicle
Furniture, Appliance and Similar I 250 SFGFA to 10,000 sq.ft.
I plus500 SFGFA over 10,000 sq.ft.
Health/Fitness I 150 SFGFA
Hotel/Motel I each bedroom unit plus
I per 2 employees
Lab/Research Facilities I each employee
Machine Shop/Repair I 400 SFGFA
Manufacturing - General I 2 employees on largest shift
Marinas/Fish Camps I Boat slip plus
4 4 boat trailer spaces per boat ramp plus any accessory requirements
Medical/Dental or Veterinary Facilities I Each employee plus
2 Examination rooms
Mini-warehouse I Per office
Residential, Institutional/Multi-Family 1.5 Unit plus 5% for visitors
Personal Service Not specified I 300 SFGFA
Pool Hall/Billiards 2 per pool table plus
I employee
Professional Offices I 250 SFGFA
Recreation - Outdoor I Each employee plus
I 4 patrons capacity
- Indoor I 400 SFGFA
Retail Not Specified I 250 SFGFA
Schools - Other Than High School I Each employee plus
I 4 spaces per instructional room
- High School & I 4 students plus
Community College I each employee
Single Family, Duplex & Mobile Homes 2 Unit
Shopping Centers 5 1000 SFGFA
Theaters I 10 Seats
Warehouse, Storage & Similar I 1000 SFGFA
TABLE V --3 ~
OFF-STREET PARKING REQUIREMENTS
*Auto Sales to have display parking requirements of 8'xl6' all other parking 10' x 20'
Notes:
SFGFA = Square Feet of Gross Floor Area, i.e., the total floor area inside the outside walls of the structure(s)
Rev. 9/01 (PoliciesProcedures/LandDevelopmentCode) V-36
'-"
..,.t
21-561.03 - Handicapped Parking Standards
a. h. compliance, with the re,qtlire,ment~, ChapteI 336, PS, e,acll plOject ~hall provide the
following number of ~paccs. Development must meet Florida Accessibility Codes.
b. All handicapped ~paGe,~ shall be, twelve, foot (12') by tWe,hty foot (20') pave,d with light blue
painted ~paee,~ and shall be, po~ted witl. a sign approve,d by t!.G Hodda De,partl1lGBt of
Tran~portatiOll.
21-561.04 - Joint Parking Use Agreements
a. The Planning Director may authorize a reduction in the parking requirements for two, or
more uses, jointly providing off-street parking.
b. A reduction may be authorized in such cases if the developer submits sufficient data to
demonstrate that the hours of maximum demand for parking at the respective uses do not
normally overlap; or
c. The City shall have the authority to require the creation, use and maintenance of joint-use
parking and/or joint -use driveways or other common ingress-egress facilities for multifamily,
commercial and/or industrial uses.
d. A joint-use parking or access agreement shall be recorded in the public records of Volusia
County prior to issuance of a building permit and shall at a minimum include:
1. A statement holding the City harmless from any and all claims or potential liability;
and
2. Shall run with the land involved and be binding on the parties to the agreement, their
successors and/or their assigns.
Rev. 9/01 (PoliciesProcedures/LandDevelopmentCode) V -37
'-'
...",
21-561.05 - Loading Berth Standards
a. Table V=4 V -9 depicts the loading berth design standards.
TABLE V-42
LOADING BERTH DESIGN STANDARDS
Loading Berth Delivery Truck Berth Dimensions
Dimensions
16 feet
28 feet
47 feet
14 feet
16 feet
24 feet
42 feet
14 feet
b. All commercial and industrial uses shall provide the number of off-street loading and
unloading spaces described in Table .1f=5 V-I O.
Use Category Floor Area (sq.ft.) Berths Required
Retail and/or Service Uses 5000 to 24,999 One
25,000 to 59,999 Two
60,000 to 119,999 Three
120,000 to 199,999 Four
200,000 to 289,999 Five
290,000 plus One/90,000 sq.ft
Storage or Wholesale Uses 5000 to 24,999 One
25,000 to 59,999 Two
60,000 to 119,999 Three
120,000 to 199,999 Four
200,000 to 289,999 Five
290,000 plus One/90,000 sq.ft.
Places of Assembly, Hotels, 10,000 to 39,999 One
Motels, Office Buildings, Long 40,000 plus One/60,000 sq.ft.
Term Health Care Facilities
Automotive, Recreation 2000 to 14,999 One
15,000 to 39,999 Two
40,000 plus One/lO,OOO sq.ft.
Manufacturing Uses o to 14,999 One
15,000 to 39,999 Two
40,000 to 64,999 Three
65 000 nlus One/80 000 so.ft.
TABLE V-510
LOADING BERTH STANDARDS
Rev. 9/01 (PoliciesProcedures/LandDevelopmentCode) V -38
.....
...,
c. Where a building is used for more than one use or for different uses, the loading space
requirement shall be based on the use for which the most spaces are required.
d. All loading areas shall be paved.
e. All loading berths and maneuvering areas shall be separated from required off-street parking
facilities and shall include traffic flow directional information.
f. Delivery truck berths may be located within required parking spaces, provided they are
marked as reserved for loading purposes. Access aisles may serve both parking and loading
facilities.
g. All loading and delivery areas shall be designed to prevent backing into streets, pedestrian
ways or bikeways.
h. Loading berths shall be provided with a maneuvering space of not less than 40 feet in depth
for counter-clockwise traffic flow and one hundred feet (lOa') for clockwise flow.
SECTION 21-ST~ - PLANNED UNIT DEVELOPMENT DESIGN CRITERIA
21-ST~.Ol - Comprehensive Plan Reference
The provisions of Section 21-59ft - Planned Unit Developments are consistent with and implement
the Comprehensive Plan policies li~ted bdow contained in the
a. Future Land Use Element - Objective 4,5.8,5.11,5.12, 5.D, 5.14, 5.15, 5.1G
b. Coastal Zone Mgmt. Element - 2.A2, 5.2
c. Conservation Element--=--t:-4 and
d. Open Space & Recreation Element........z:.t
21-ST~.02 - Residential Planned Unit Development (RPUD)
a. Purpose
The Residential Planned Unit Development (RPUD) District is intended to provide a flexible
approach for unique and innovative land development propo~al~, which would otherwise not
be permitted by this code. Notwithstanding the specific criteria identified herein, proposals
RPUDs should accomplish the following purposes, to the greatest extent possible.--AH
RrUD projects shall eonfollll to the site plan lequiremcnt~ dcscIibed in Section 21-93.
rtllsuant to Futtlle Land Use Dlcmcht Polky 5.12, a mixed me devc1opll1ent plojeet lequiles
a r'tlttlle Land Use Map amendment. On completion of, 01 concullcnt with, the amendment
process, the site nlust also complete tIle zoning map amendment proces~ prior to site plan
approval.
Rev. 9/01 (PoliciesProcedures/LandDevelopmentCode) V -39
.........
....",
1. Provide a variety of housing types with a broad range of housing costs allowing for
the integration of differing age groups and socioeconomic classes;
2. Promote innovative site and building design, including traditional neighborhood
developments;
3. Provide efficient location and utilization of infrastructure through orderly and
economical development, including a fully integrated network of streets and
pedestrianlbicycle facilities;
4. Establish open areas set aside for the preservation of natural resources, significant
natural features, and listed species habitats;
5. Create usable and suitably located public spaces, recreational facilities, open spaces
and scenic areas;
6. Provide for other limitations, restrictions and requirements as deemed necessary by
the city to ensure compatibility with adjacent neighborhoods and effectively reduce
potential adverse impacts.
b. Permitted Uses
All uses in conjunction with Residential Planned Unit Developments are considered
conditional and require Planning and Zoning Board approval. Permitted uses are
listed in Article ill, Table ill.
c. Density and Intensity
1. Variable up to 5.0 dwelling units per gross acre in areas designated Low Density
Residential on the Future Land Use Map.
2. Variable between 5.1 and 8.0 dwelling units per gross acre in areas designated
Medium Density Residential on the Future Land Use Map.
3. Variable between 8.1 and 12.0 dwelling units per gross acre in areas designated High
Density Residential on the Future Land Use Map.
4. Proposed residential projects containing between 50 and 250 dwelling units may
include internally oriented retail commercial uses to a maximum of 500 sq. ft. per
dwelling unit, provided the Floor Area Ratio for the commercial area of the project
does not exceed 0.3.
5. Proposed residential projects containing more than 250 dwelling units may include
internally oriented retail commercial uses to a maximum of 100 sq. ft. per dwelling
unit, provided the Floor Area Ratio for the commercial area of the project does not
exceed 0.3.
6. Proposed residential projects containing more than 250 dwelling units may include
office space uses to a maximum of 500 sq. ft. per dwelling unit plus internally
oriented retail commercial to a maximum of 20 percent of the developed gross
leasable office area, provided the Floor Area Ratio for both retail and office area of
the project does not exceed 0.3.
7. Medium and high rise residential projects shall not exceed a Floor Area Ratio of 0.4.
nor an Impervious Surface Ratio of 0.3.
Rev. 9/01 (PoliciesProcedures/LandDevelopmentCode) V -40
......
...."
d. Conceptual Development Plan
A Conceptual Development Plan shall be submitted along with a Development Agreement,
see Section 21-101. The Conceptual Development Plan shall contain the following:
1. Minimum dimensional requirements, including proposed lot area and width,
setbacks, building heights and minimum floor areas;
2. Landscaping, parking and signage;
3. Project phasing, if applicable;
4. Infrastructure improvements;
5. Common/open space areas and their use, including any resource protection areas as
defined in Article IV;
6. Proposed street layout, names and lot numbers; and
7. Overall stormwater/drainage master plan.
e. Site Master Plan Approval
A ~ master plan shall be submitted in conjunction with Section 21-93. Article Xli.
21-5T~.03 - Business Planned Unit Development (BPUD)
a. Purpose
The Business Planned Unit Development District is intended to provide a flexible approach
for unique and innovative land development proposals, which would otherwise not be
permitted by this code. Notwithstanding the specific criteria identified herein, proposals
should accomplish the following purposes, to the greatest extent possible. All BPUD
projects shall conform to the site plan requirements described in Section 21-93.
:~~<l:nt to r'tlttlIe Land U~(,Dlel1le,nt Policy 5.12, a mixed tl~e development pIojeet IGqtliIeS
a Ptlttlle Lahd Use, Map ame,ndment. On completion of, 01 COnetllIe,nt t'V ith, the ame,ndI('J.elit
~~~~e~~, the site, Il1tlst also complete, the, zoning map amc,hdnlGnt pIOCGSS pliO! to site, plah
apploval.
1. Provide for mixed use commercial, office and residential development such as
shopping centers, office parks, and multi-family residential developments;
2. Promote innovative site and building design;
3. Provide efficient location and utilization of infrastructure through orderly and
economic development;
4. Establish open areas set aside for the preservation of natural resources, significant
natural features and listed species habitats;
5. Provide for a visually attractive environment through consistency of architectural
styles, landscaping designs and other elements of the built environment; and
6. Provide for requirements to ensure compatibility with adjacent neighborhoods and
effectively reduce potential adverse impacts.
Rev. 9/01 (PoliciesProceduresiLandDevelopmentCode) V -41
"-"
....,
b. Permitted Uses
All uses in conjunction with Business Planned Unit Developments are considered conditional
and require Planning and Zoning Board approval. Permitted uses are listed in Article ill,
Table ill. If residential uses are provided, the residential floor area shall not be less than
forty percent (40%) of the gross commercial floor area.
c. Conceptual Development Plan
A Conceptual Development Plan shall be submitted along with a Devdopnlc,nt Zoning
Agreement, see Section 21-101. The Conceptual Development Plan shall contain the
following:
1. Lot layouts for commercial and residential development including lot areas and
widths, setbacks, building heights, lot coverage and minimum floor areas;
2. Landscaping, fencing, parking, loading areas, signage and lighting;
3. Project phasing, if applicable;
4. Infrastructure improvements;
5. Common/open space areas and their use including any resource protection areas as
defined in Article IV;
6. Proposed street layout, names and lot numbers; and
7. Overall stormwater master plan.
d. Site Plan Approval
A site plan shall be submitted in conjunction with Section 21-93.
21-5T~.04 - Industrial Planned Unit Development (IPUD)
a. Purpose
The Industrial Planned Unit Development (IPUD) District is intended to provide a flexible
approach for unique and innovative land development proposals, which would otherwise not
be permitted by this code. Notwithstanding the specific criteria identified herein, proposals
should accomplish the following purposes to the greatest extent possible. All IPUD projects
shall conform to the site plan requirements described in Section 21-93.
Ptl1suant to Futtl1c, Lal1d Usc, Dlel(1(,llt Policy 5.12, a lllixed use devdopment project requiles
a Puttl1c, Land Use Map amendment unless it is located 011 a palcd dc,sigl1ated as PID on the
Puttl1c, Land Usc, Map. On completion of, 01 COnCtlllent w itll, tllC, amendme,nt pl0CC,SS, the
site, must also complete tile, zoning map amel1dment pI0ec,ss pliO! to site, plan applOval.
1. Provide for mixed use industrial development such as industrial office parks, aircraft
and marine related uses and limited commercial;
2. Promote innovative site and building design;
3. Provide efficient location and utilization of infrastructure through orderly and
Rev. 9/01 (PoliciesProcedures/LandDevelopmentCode) V -4 2
......
...,
;.
economic development;
4. Establish open areas set aside for the preservation of natural resources, significant
natural features and listed species habitats;
5. Provide for a coherent and visually attractive physical environment through
coordination and consistency of architectural styles, landscaping designs and other
elements of the built environment; and
6. Provide for other limitations, restrictions and requirements as deemed necessary by
the city to ensure compatibility with adjacent neighborhoods and effectively reduce
potential adverse impacts.
b. Permitted Uses
All uses in conjunction with Industrial Planned Unit Developments are considered
conditional and require Planning and Zoning Board approval. Permitted uses are listed in
Article III, Table III.
c. Conceptual Development Plan
A Conceptual Development Plan shall be submitted prior to site plan approval. The
Conceptual Development Plan shall include the following:
1. The lots areas for Industrial and/or commercial development, including lot widths,
setbacks, building heights, building footprint and minimum floor areas;
2. Landscaping, fencing, parking, loading areas, signage and lighting;
3. Project phasing, if applicable;
4. Infrastructure improvements, all utility lines shall be installed underground;
5. Common/open space areas and their use including resource protection areas as
defined in Article IV; and
6. Overall stormwater master plan.
d. Site Plan Approval
A site plan shall be submitted in conjunction with Section 21-93.
Rev. 9/01 (PoliciesProcedures/LandDevelopmentCode) V -43
.'
'-"
.."",
e. A portable sign shall not be located closer than ten feet (10') to the paved portion of a public
right-of-way.
f. Portable signs shall not have flashing or moving lights and shall not be affixed to another
sign or structure or mounted for the purpose of making it a permanent sign.
21-63.02 - Banner Signs
a. The Building Official may issue only one (I) banner sign per street frontage at a time on a
given parcel, for a special event such as grand openings.
b. Banner signs shall not be permitted in residential zoning districts and the B-4 district.
c. The maximum sign area shall be thirty-two (32) square feet.
d. Banners may display business or product logos and generic messages, but not specific sales
information.
e. Banners may be erected up to seven (7) days prior to the event, shall be removed within two
(2) days after the event and shall be limited to ten (10) days per event two (2) times per year.
f. The City Council may approve banners that do not comply with these requirements for
citywide functions.
21-63.03 - Political Campaign Signs.
a. Political campaign signs shall be permitted as temporary signs and, as such, shall be removed
within ten (10) days after the advertised candidate has been finally elected or defeated orthe
ad ve.ltise.d issue. fina.ll, de.dde.d. A sign may remain through any primary or run-off election
as to any candidate who is subject thereto.
b. An applicant for a political campaign sign shall be issued one sign permit for an unlimited
number of signs. The fee shall be as established by resolution.
c. Signs shall not be placed in any public right-of-way, on any public property, attached to any
utility pole nor attached to any tree. Signs located on private property shall have the written
authorization of the property owner.
d. Signs placed on private property shall be securely erected to prevent displacement by heavy
winds and so placed as to not interfere with traffic visibility.
c. SighS placed 011 vacaht lots shall Ilavc wllttcll pCIlllissioh f10Iu tile O\1vIlCI and a COpy shall
be supplie.d to the Duildilig De.paltmcnt.
Rev. 10/01 (PolicesProcedures/LandDevelopmentCode) VI-9
I'
'-"
.....;
f. Political campaign signs shall not exceed eight (8) square feet in area.
g. Upon determination of the City Duildiltg Official Code Enforcement Officer, illegal signs
shall be removed within twenty-four (24) hours after notification to the applicant. However,
no notification shall be required for removal twenty-four (24) hours prior to, or on election
day.
h. The City shall retain removed illegal political campaign signs for five (5) working days after
notification before their destruction. An applicant may retrieve the signs during this period.
21-63.04 - Special Events Signs
Sign permit applications for special athletic, civic, or charitable events located in or across right-of-
ways shall be submitted to the Building Official City Clerk's office for the City Council's actiolt at
thcil IKxt available. mccting review and approval.
21-63.05 - Gara!!e Sale Si!!ns
a. the followin da.
b. No sign shall be attached to any utility pole.
c. Gara e sale si s shall not be located on Count or State Road ri
Indian River Blvd. (SR 442) and Park Avenue).
SECTION 21-64 - NON-CONFORMING SIGNS
Any existing sign that is in violation of this Article at the effective date of this Chapter shall be
deemed a legal non-conforming sign. Such signs may be continued subject to the conditions
described below.
21-64.01 - Amortization
a. No non-conforming sign shall be altered, moved or repaired in any way except in full
compliance with the terms of this Article. This provision shall not apply to the changing of
temporary copy of changeable copy signs, or to repairs necessary to maintain the structural
integrity or safety of a sign so long as such repairs do not exceed fifty-one percent (51 %) of
the replacement cost of such sign.
b. All non-conforming signs shall be removed, or made to conform with this Article, no later
Rev. 1 % 1 (PolicesProcedureslLandDevelopmentCode) VI -10
tI
'-"
""""
than February 14,2004. In the interim, said sign shall be maintained in good repair, subject
to the conditions above.
c. Failure to remove non-conforming signs by February 14,2004 may subject the sign owner
to the code compliance provisions of Article X. In this regard, a sign owner may enter into
a sign agreement as described in Section 21-65.
21-64.02 - Removal
a. An obsolete, or deteriorated sign, shall be removed by the owner, agent or person having
beneficial use of the premises on which sign is located and shall be removed within thirty
(30) days of written notification by the Building Official Code Enforcement Department.
b. Upon failure to comply with such notice, the Building Official Code Enforcement
Department shall cause the sign to be removed at the owners expense, including any interest
that may have accrued.
c. Failure to pay such costs within thirty (30) days of the written notification of the removal
costs shall create a lien against the sign owner in favor of the City.
SECTION 21-65 - SIGN AGREEMENTS
The purpose of this Section is to provide a process and criteria by which the City can bring illegal
and/or non-conforming signs into compliance without adjudication by the Code Enforcement Board
or the court system.
21-65.01 - Agreement Process
a. An applicant shall compkte a fOlIn to be developed by the Planning and Development
Departn.1Cl1t (PDD) and shall provide a draft sign agreement that includes the criteria
described in Section 21-65.02.
b. The applicant shall submit the required nlateiial to the PDD sign agreement not less than
forty-five (45) days prior to the Planning and Zoning Board (P&Z) meeting at which the
applicant wishes consideration.
c. The P&Z shall conduct a public hearing after providing the following public notice:
1. Direct mail notice to all property owners of record within one hundred fifty feet
(150') of the proposed sign location.
2. Post the proposed site no less than ten (10) days prior to the subject P&Z meeting.
d. Upon completion of the P&Z deliberations, the agreement shall be scheduled for the next
Rev. 10101 (PolicesProcedureslLandDevelopmentCode) VI-II
.'
'-'"
..""",
available City Council meeting.
e. The City Council shall hold a public hearing regarding the proposed agreement after public
notice in the same manner as provided above.
f. The City Council shall take final action regarding the agreement within thirty (30) days,
unless the applicant agrees to additional time.
21-65.02 - Agreement Criteria
At a minimum, the sign agreement shall include:
a. The name, address and phone number of the applicant.
b. The name, address and phone number of the existing sign site property owner.
c. Any appropriate site drawings and plans.
d. A timetable for removal of the existing sign.
e. Any proposed site mitigation activities
f. The signature of the applicant
g. The signature of the pIOp05Cd site property owner
h. The signature of the appropriate city official.
Sections 21-66 through 21-69 reserved for future use.
Rev. lO/OI (PolicesProcedureslLandDevelopmentCode) VI-12
ARTICLE VII
NON -CONFORMING USES
SECTION 21-70 - PURPOSE ............................................... VII-1
SECTION 21-71- NON -CONFORMING USES
21-71.01 - Intent ..................................................... VII-1
21-71.02 - Non -Conforming Structures ................................... VII-2
21-71.03 - Non -Conforming Lots of Record ............................... VII-2
21-71.04- Non -Conforming Lots ....................................... VII-2
21-71.05 - Non -Conforming Mobile Home Parks ........................... VII-3
Sections 21-732 through 21-79 reserved for future use.
Article VII
-t-
Rev. 10/01(PoliciesProcedures/LandDevelopmentCode)
ARTICLE VII
NON -CONFORMING USES
SECTION 21-70 - PURPOSE
The purpose of this Article is to regulate and limit the continued existence of lots, signs and
structures that were lawfully established prior to the effective date of this code but do not conform
to the provisions of this Code. Nonconformities may continue, but the provisions of this Article are
intended to curtail substantial investment in nonconformities and to bring about their eventual
elimination.
SECTION 21-71 - NON -CONFORMING USES
21-71.01 -Intent
a. Authority to Continue. Nonconforming uses of land or structures may continue in
accordance with the provisions of this Section.
b. Ordinary Repair and Maintenance. Normal maintenance and repair of structures
containing nonconforming uses may be performed.
C. Expansions. Nonconforming uses shall not be expanded. This prohibition shall be
construed so as to prevent the enlargement of nonconforming uses by an addition to the
structure housing the nonconforming use or by the occupation of additional land.
d. Relocation. The structure housing a nonconforming use may not be moved unless the entire
stricture and use shall thereafter conform to the requirements of this Code.
e. Change in Use. A nonconforming use shall not be changed to any other use unless such use
conforms to the provisions of this Code. A change in use shall mean a substantial change
in character involving activities that result in different external impacts. A change only in
the items offered for sale or manufactured or a change in the business name shall not
constitute a change in use.
f. Termination.
I. Abandonment or Discontinuance - when a nonconforming use is discontinued or
abandoned for six (6) months, then the nonconforming use may not be restored.
2. Damage or Destruction - if a structure housing a nonconforming use is damaged or
destroyed to the extent of fifty percent (50%) or more of the assessed value of the
structure, then the nonconforming use of the structure may not be restored.
Rev. 10/01(PoliciesProcedures/LandDevelopmentCode) VII-1
21-71.02 - Non -Conforming Structures
a. Authority to Continue. Nonconforming structures may
continue in accordance with the provision of this Section.
b. Ordinary Repair and Maintenance. Normal maintenance and repair of nonconforming
structures may be performed.
C. Expansions. Any expansion of a nonconforming structure shall be in conformance with the
provisions of this Article. This shall not prevent expansion as long as the nonconformity is
notincreased. A nonconforming structure maybe altered or enlarged into a required setback
which already contains an encroachment as long as the existing setback is not reduced
further.
d. Relocation. A nonconforming structure that is moved shall thereafter conform to the
requirements of this Code.
e. Termination Upon Damage or Destruction. Any part of a nonconforming structure that
is damaged or destroyed to the extent of fifty percent (50%) or more of the assessed value
of said structure shall not be restored unless that part conforms to the provisions of this Code.
21-71.03 - Non -Conforming Lots of Record
Legally Nonconforming Lots of Record. Any lot created prior to June 17, 1974, shall be
considered legally nonconforming if the lot has a width of at least forty (40) feet and an area of at
least three thousand six hundred (3600) square feet. Any lot created between June 17, 1974, and the
effective date of this Code shall be considered legally conforming only if the lot met the
requirements in effect as of the date the lot was created.
21-71.04 - Non -Conforming Lots
a. In any district, principal permitted structures and customary accessory buildings may be
erected on any legally nonconforming lot of record or lot rendered nonconforming through
the exercise of eminent domain. l
b. Such lot shall be in separate ownership and not be contiguous to other lots in the same or
substantially the same ownership. This provision shall apply even though such lot fails to
meet the requirements of this Article for area, width, depth, and frontage or any combination
thereof, provided that yard dimensions and requirements other than those applying to area,
width, depth or frontage shall conform to the requirements of this Article.
C. Variance of yard dimensions and requirements other than those applying to area, width,
depth, and frontage shall be obtained only through action of the Planning and Zoning Board.
Rev. 10/01(PoliciesProcedures/LandDevelopmen(Code) VII-2
If however, the lot has no frontage, then proof of recorded legal ingress and egress
acceptable to the City Attorney must be furnished before a development order will be issued
d. If however, the lot has no frontage, then proof of recorded legal ingress and egress acceptable
to the City Attorney must be furnished before a development order will be issued.
e. If a nonconforming lot is contiguous to another lot in the same or substantially the same
ownership, such lots shall be considered to be an undivided parcel for the purposes of this
Article.
I. The existence of a roadway dividing a parcel of land shall not determine whether the parcel
is considered to be two separate lots. Each portion of the parcel must have a separate legal
identity in order for the parcel to be considered two separate lots.
g. All new dwellings built upon nonconforming lots of record shall be placed upon such lots
in accordance with the following requirements when adjacent buildings dwellings have
existed and have been listed on the tax rolls before July 17, 1974:
a. In subdivisions where dwellings have been placed on two (2) lots, the new dwellings
can be built on the two(2)or more lots. Similarly, where dwellings have been placed
on single lots, the new dwellings can be placed on single lots.
b. New dwellings shall be placed so as to conform to the front setbacks of existing
dwellings on the same street.
C. The side setbacks for new dwellings shall be ten percent (10%) of the width of the
lot, except that no such side setbacks shall be less than five feet (T).
d. For pie -shaped lots, the side setbacks shall be ten percent (10%) of the figure reached
by adding the width of the front and back of lot together and dividing by two (2),
except that no such side setback shall be less than five feet (5').
21.71.05 - Non -Conforming Mobile Home Parks
There exists within the City of Edgewater, Florida, non -conforming mobile home parks, formerly
zoned MH-S.
The non -conforming mobile home parks now existing within the City of Edgewater, Florida, to wit:
Anchor Garage Trailers, Blue Gables Trailer Park, Carter's Trailer Park, Edgewater Mobile Home
Park, Friendly Shores, Pyramid Mobile Park, Riverview Pines and W olfe's Driftwood Village, shall
be hereafter classified as being with the MH-t zoning classification and shall comply with the
following provisions:
a. The mobile home parks as set forth above shall hereafter be allowed to operate in their
present number of mobile home spaces and all permanent structures now located in the
respective mobile home parks.
Rev. 10/01 (PoliciesPrmc d.reO.andDevelopmentCode) VII-3
In the event that any of the mobile home parks as set forth above shall desire to expand the
use of said parks, the owners of said parks shall be required to conform to all of the
requirements regulating mobile home parks within the City of Edgewater, Florida, at the time
of the proposed expansion for the use.
C. Minimum setbacks for nonconforming mobile home parks shall be consistent with the
requirements of the State Fire Code..
stfactures shall inaintail a tel foot setback fioin adjacent tnobile homes, --nmy
SEMON 2172 VARIAWES (Moved to Article IX)
Rev. 10/01 (PoliciesProcedums/t.andDewlopmeniCode) VII-4
"
.......
....""
1.
2.
Applicallt' 5 nallle, add I ess and tdephone lItllllbe1.
A copy of the IllOSt leccnt deed lecoldcd ill tile Public Recolds of Vol usia County f'Ol
tile pI opel ty tmdel considGl atioll.
~ r:c~~~ ~tll vC)' H:Jlectillg all implo vGlllents and cOllditions of the pLOp'::l ty.
A desGliptlon of tk vallance sought cHId tIle SGctIon of tillS AltlCle flonl Wlllell a
valiance is lequested.
~;~ ~uI~~~e :~l. thG lequ~sted ~aliancG alld a statenlent of the illtGlIded devdopmcllt
(:')f the pI opel ty If tIle v allahce IS 151 allted.
Statcments addlessing each of the standalds fOI glanting valianu:,s set fOlth in
Scction 21-72.04.
~.
4.
5.
G.
'Within fi ve (5) wOlking d<t}s aftGl leedpt of an application, the DiIeGtol shall detelluine
~~~~: th~ applle.nion is complete. If the Dilceto! dctelll1ines that the application is not
~l~~lete, they shall inform the applicant in wliting of the, appllcation's dcfidene1cs. No
ftlltllel action shall be, takw 011 the application unless the ddic1cllcics ale IGllKdicd.
e.
f.
~;T~~~l~:~ t~~~t~ ~JOl ~_~lking days Mtel ~he Dilectol deteIl:Iine,s an application is COl1l}iletG, it
~haH be tCvlcw(,d and a KCOmmGhdatIon shall be SUbullttcd to the P&Z.
~!:~~~ ~t~;ifi~~t~~ t~l~ all application fO! ~ valiance is eOl1lpl~te, the P&Z ~hall pl.acG the
~~t~:~~~l: ~n tl're, ~:~~a of the next avaIlabk legulal mcct1llg fO! a ptlbllC heaung. In
~~~~in~ the application fOI valiance appIoval, the P&Z shall consider the, standaids set
~~~} ~~low,. the, applle~t' s state,ll1ents addKssing e,ach of the, standc"l:lds and the
rccolllmvnd.nlon of the, DueGto1.
g.
h.
~~~~~~~ a leason~k time t~n nO? da~s ~t.GI the heaIin.g, the P&~ shall issue its written
deemon, approvrng, appIovlng WIth condItions, 01 dGnYlng the, vc"l:lranCG.
21-72.04 - Standalds fOl Glantillg Variances
~h<P&Z sh~1 not gl....t a ,OJ ;anee bole" .the applicant p' e'GIlts <0 m~etcnt '"bstOJlti~ ~' :'~~
:::.:t::~ ~~I of the follow JIlg e. dwa ale n.ct. UpOn tho <orn~klton of the bear ~.g, ;;;,; ;:
::::~::~~ ~;~~_ f~:~~llg, of fact ba,oJ J;, <cUy npO" the pa. tie"la. <, ;&n<c p'<"<<<l!e 'u - - "
'WIttten conclnStOIls that.
~'~~~ ~~l i~nc.e 1 cquestcd alises f101l} a condition that is unique and pec.uliar to the lahd,
:~~~t~I:~ ~~~d burldmgs tll vol ved and 15 a cOlldItlon tllat IS IIOt oldmallly found III the sallie
i':0I111lg diM] 1Ct.
a.
b.
:::~~ c~~:~~~i~llC~ ~~th alea, se,tback, fiOlltagc, hdgllt, bulk, alldfol illtensity lequilenlents
~~u!~ Icsult ill uhlleCeS5aIY Ilaldship fOI tk applicant as diMillgui5hed flonl Icstlietions
ill1posed by this Al tide on all othel Pi OpC,1 ty ill the samc z:ohihg distl iet.
Tk condition is not the lesult of tIle actiolls of the applicant 01 the pLOpel ty 0 ~ neJ.
C.
Rev. 10101 (PoIiciesProcedureslLandDevelopmentCode) VII - 5
'-"
'tttttfJI
d.
c.
Thc, valiance gianted is the nlinilt1tllll valianec, tllat will lllakC, possible tIle leasonable, use of
the land Ol str tlctUI e,s.
f.
~I~e:~~ianee desired will not be opposed to the genelal spilit and inteltt of this Aitide alld
the City of DdgewatCl ConlplcIlc,nsi ve Plan.
21-72.05 - Limitations on GI auting Vell iau(es
Vatialtecs shall not be gUU1tcd that would.
a.
~~:i~li~ ~~e~~~ ~~ l":n~ ~l a sti name contrary to the, use, pro visions of the Zoning Ordinance
thl~ bnd DC"\idopme,Itt Code.
b.
~ ~~l~:~~~ ~~all be, valid fol a puiod longel than twelve, (12) months unless a building
pertuit I~ 1~~tlCd.
21-72.06 - Appeals flom the Planning and ~ning Bo.ud
a.
~"~~~:s~~ ::;s~rie 'ed by ~ dujsi~n of tll< P&Z Ill') "Ppcal sneh duisi~n 10 tl.o C~, =
~ ~l;o.g ~".;tll:U(cq~.t with tl,o City "'&lag<.. within thhl) (30) d.o). .nol thv~'~::-
~: ~~~ .~~~l~~~ by the, .P&.Z. Such. reque,st sl~(tll bc (t(,e,ompal11cd by a non-ldnnd s
e~tabl1shed by resolution of the, elt, Conned.
b.
~;: .r.~:u~~~ ~~l~~l b~ ~~~~~~ on the ~5enda of a Iegulatly se,hedulcd meeting for a public
hemmg. Stteh <tppe,al shall be a healIng de novo.
c.
d.
~:~thi~~. t~n (1 0) d~ys afote,I the 1.I~a1ing, the C~ty Counci~ shall issue, its written deGision
appI0vll1g, appIovIltg WIth e,Oltd1t10ns, Ol dcnymg tile, valiance.
Sections 21-73~ through 21-79 reserved for future use.
Rev. 1 % 1 (PoliciesProcedureslLandDevelopmentCode) VII-6
'-'
.. I . I
ARTICLE VIII
...."
ADMINISTRA TION
SECTION 21-80 - PURPOSE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VIII-l
SECTION 21-81 - CITY COUNCIL
21-81.01 - Authority Relative to Tlli~ Code ............................... VIII-l
SECTION 21-82 - CITY MANAGER ........................................ VIII-2
SECTION 21-83 - CITY ATTORNEY ....................................... VIII-2
SECTION 21-84 - TECHNICAL REVIEW COMMITTEE (TRC)
21-84.01 - Purpose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VIII-2
21-84.02 - Membership. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VIII-3
21-84.03 - Meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VIII-3
21-84.04 - Powers & Duties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VIII-3
SECTION 21-85 - PLANNING & ZONING BOARD (P&ZB)
21-85.01 - Purpose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VIII-3
21-85.02 - Membership. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VIII-3
21-85.03 - Meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VIll-4
21-85.04 - Powers & Duties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VIII-4
SECTION 21.86 - CODE ENFORCEMENT BOARD (CRB)
21-86.01 - Purpose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VIII-5
21-86.02 - Membership. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VIII-5
21-86.03 - Meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VIII-6
21-86.04 - Jurisdiction Powers and Duties ................................ VIII-7
21-86.05 - Powers ................................................... VIII-7
21-86.06 - PloccduIC,S ................................................ Vffi=-1
SECTION 21.87 - CONSTRUCTION REGULATION BOARD
21-87.01 - Purpose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VIII-8
21-87.02 - Membership ............................................... VIll-8
21-87.03 - Meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VIll-9
21-87.04 - Powers & Duties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VIll-lO
21-87.05 - Appc,alsProcedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VIII-lO
Sections 21-88 through 21.89 reserved for future use.
Article VIII
-1-
Rev. I % I (PolicesProcedures/LandDevelopmentCode)
.
"-'
....,
ARTICLE VIII
ADMINISTRA TION
SECTION 21-80 - PURPOSE
The purpose of this Article is to identify the principal roles of City CounciL City staff and advisory
bodlG.~ in vol ve,d ill boards that are responsible for the administration and integration of this Land
Development Code. Since, the, ove,Iall obje,cti ve, of the, Land De,vdopnle,lIt Code, is to Intcglate, the
adlllinistt ati ve, I e,spolIsibilitks ~ ith the ICgulatoI Y I CqulI e,ll1ents, it is ne,e,e,ssaIY to I e,atlthorize, the
City staff and advisOIY bodies to ensule thciI atltllol1ty and duties 0.1e, eleaIl)' cstabllshe,d ~ithilI
ChaptcI 21 of the City Code.
SECTION 21-81- CITY COUNCIL
21-81.01 - Authority Relatin To Thi~ Code
The City Council's authority and duties relative to Chapter 21, the Land Development Code are as
follows:
a. To initiate, reVIew and adopt amendments to the Comprehensive Plan of the City of
Edgewater.
b. To initiate, review and adopt amendments and hear appeals to this Land Development Code.
c. To initiate, review and adopt amendments to the Official Zoning Map.
d. To review and grant or [deny applications for subdivision plats.
e. To hear and decide grant/deny appeals of a decision of the Planning and Zoning Board
regarding conditional uses.
f. To hear and decide grant/deny appeals of a decision of the Planning and Zoning Board
regarding variances.
g. To review and grant or [deny applications for zoning and development agreements.
h. To review and grant or ldeny applications for annexation.
I. To review and grant or {deny applications for right-of-way abandonment, easements, and plat
and street vacation~.
J. To review and grant or [deny applications for mining permits.
Rev. 10/01 (PolicesProcedures/LandDevelopmentCode) VIII-I
.....
""'"
k. To hear and dc,cide grant/deny appeals of a decision of the Construction Regulation Board
regarding contractor discipline.
I. To hear and decide grant/deny appeals of a decision of the Construction Regulation Board
regarding a decision of the Building Official or Fire Chief.
m. To review and grant/deny applications for site plans for buildings of 25,000 square feet or
larger.
n. To review and grant/deny applications for designation of landmarks/sites and historic
districJ~
Q,. To review and grant/deny applications for telecommunication towers.
p. To establish by resolution a schedule of fees to cover the costs of technical and
administrative activities required by this Code.
SECTION 21-82 - CITY MANAGER
For the purposes of this Code, the City Manager shall direct and supervise the administration and
enforcement of this code.
SECTION 21-83 - CITY ATTORNEY
For the purposes of this Code, the City Attorney's or dC51gnatcd Att0lI1cy' 5 duties shall include the
following:
a.
Provision of professional advice and support to the City Council.
b.
Provision of professional advice and support to the Planning and Zoning Board.
c.
Provision of advice to the Code Enforcement Board regarding applicable law and procedures,
but shall not present cases to the Code Enforcement Board. The City Council may select an
attorney as the Citizen Code Enforcement Board attorney.
d.
~~Pl:O~~ ~n! subpo~na, findihgs of fact, conclusions of law 01 Older as to fOUll and legality
bcfole It beconles fmal
SECTION 21-84 - TECHNICAL REVIEW COMMITTEE (TRC)
21-84.01 - Purpose
Rev. 10/01 (PolicesProcedureslLandDevelopmentCode) VIII-2
'-'
...."
There is hereby established a 11 intclllal City .staff Technical Review Committee to provide technical
review and comment regarding various permit applications described in this AlticIe Land
Development Code.
21-84.02 - Membership
At a minimum, the members of TRC shall include the Planning Department Director, the City
Engineer, the Department of Environmental Services Director, the Building Department Director,
PaIh and RCGlCatiol1 DiICCt01, the Fire Chief and the City Manager's Office. The TRC may include
other City staff as may be necessary for a given issue or project.
21-84.03 - Meetings
The TRC shall meet as necessary, provided that ample public notice is given to the members and
applicants. TRC meetings are subject to "Sunshine Laws".
21-84.04 - Powers & Duties
a. The TRC members shall provide written comments regarding the technical aspects of
annexations, proposed plan amendments, rezonings, subdivision ~ plats, planned unit
developments, abandonmcut.s, site plans, conditional use permits, vallancc.s, mining permits,
and development and zoning agreements.
b. The TRC shall have final authority to approve, modify and/or deny, site plans involving
projects with less than 25,000 square feet of gross floor area.
SECTION 21-85 - PLANNING & ZONING BOARD (P&ZB)
21-85.01 - Purpose
The purpose of the Planning & Zoning Board is to provide review and recommendations regarding
various planning matters to the City Council and to act as the City's Local Planning Agency pursuant
to the requirements of Chapter 163, Part II, FS.
21-85.02 - Membership
a. The P&ZB shall consist of seven (7) members appointed by the City Council. Members shall
be kW residents of the City appoil1tcd to .staggcICd tIllee (3) ycal tCIlll.s. The nlCltlbcl.s SCl ve
::~l:~~t G~:~P~~Ls~tion, but Ilia) I ccci v C .ncce.ssal y I Cilllbul.sclllel.lt fOI ex p.cl1ses t01 C~ty
~s~nc~~. ~~ ~It~ Clllployee may be appoll1ted to the P&Z. Tk CIty CounCil .shall appoll1t
sevcn (7) 111cl11bels.
b. Members shall be appointed to three (3) year staggered terms.
Rev. ] 0/0] (PolicesProcedures/LandDevelopmentCode) VIII - 3
""-"
.."
c. Members shall not appear for, nor represent, any other person than himself/herself at the
P&ZB meetings for t~d vC (12) iIlontlls one (1) year after hislher departure.
d. The P&ZB, and its members, are subject to the requirements of the Public Records Law (Ch.
119, FS) and the Sunshine Law (Ch. 286, FS).
e. All members shall serve without compensation, but may receive reimbursement while on
official business of the Board.
f. Any member of the Board may be removed by the City Council at any time.
&. No member of the Board shall vote on any matter that would inure to a special private gain:
or of any principal by which the member is employed, or retained, or to the parent
organization, or subsidiary of a corporate principal by which the member is retained: or that
would inure to the special private l?ain of a relative, or business associate.
21-85.03 - Meetings
a. The Planning and Zoning Board shall meet once a month, if there is sufficient business to
warrant a meeting. The P&ZB chairman may call other meetings as necessary, provided that
no less than twenty-four (24) hours notice is given to the members and applicants.
b. The P&ZB shall establish by-laws for conducting their meetings.
21-85.04 - Powers & Duties
The Planning and Zoning Board shall:
a. Dc the. dGsignatc.d LoGm Planning Age.ney fOI the City ptllStIant to thc IcqtIilcmc.nts of
Chaptet 163.3174, PS and as stIeh shall.
ta. Be the responsible agency to prepare, amc.nd, and iml'kment initiate review and/or
amendments to the City's Comprehensive Plan and recommend such to the City Council;
z-b. Review all proposed amendments to the City's Land Development Code and make
recommendations to the City Council as to the consistency of the proposed amendments to
the Comprehensive Plan;
3-c. Monitor the effectiveness of the Comprehensive Plan by the formal periodic evaluation
process described in Chapter 163.3191, FS and its implementing rules.
bd. Provide COnUHGhts and recommendations to the City Council regarding applications for the
following plOposed subdi v isions and plats;
Rev. 10/0] (PolicesProcedures/LandDevelopmentCode) VIII-4
'-'
...."
1. Subdivisions and plats,
2. Proposed development and zoning agreements,
3. Proposed annexations,
4. Proposed rezonings, and
5.
Havc final autllOlity to applO vC, Illodif:~ alIdlOI dCIlY ploposcd conditional u.o;c pClluit.o;, unk.o;.o;
appcaled to thc City Council,
6.
:~~::dc WUUuGht.o; ahd IGcoInltlGl1datiolI.o; to thG City Council IGgaldiug Plopo.o;cd
dCveIOPUICht aglCCInGnt.o;,
7.
=-~~'V ~~c. C0l1I111Gllt.o; and IC.COUIll1Gudation5 to the. City Council lcgalding PIopo.o;cd
annc.xatIon.o;,
8.
PlOv idG commcnt.o; and ICCOm111Chdation5 to thc City Coundllcgaldillg Plopo.o;cd !GZOning5,
and
9:-
5.
Provide commcht.o; and recommendations to the City Council regarding site plans
over twenty-five thousand square feet (25,000 sq. ft.) of building area and plopo5cd
mining pClluits.
b. The Board shall have final authority to approve, modify and/or deny the following unless
appealed to the City Council as provided in Article I:
1. Conditional Use Permits
2. Variance applications
SECTION 21-86 - CODE ENFORCEMENT BOARD (CEB)
21-86.01 - Purpose
PtlI5Uant to the. lcquiIcnll.~nt.o; of ChaptGI I 62.02,FS, tllGic i.o; hGIGb, c.o;tabli.o;hed a The purpose of the
Code Enforcement Board who5e pIihcipal function is to bc an admini5tlati vc. body f01 the review of
allegt'...d violations to the City's Code of Ordinances in gcnclal, and thi~ Land Development Code
in pal ticulal pursuant to the requirements of Chapter 162.02, F.S. The CEB shall be responsible to
enforce the Code of Ordinances through the use of administrative fines and/or other non-criminal
penalties available to the City under general law.
21-86.02 - Membership
a. The CEB shall consist of seven (7) members appointed by the City Council. A-mMember~
shall have been a legal resident of the City for at least tweI vG (12) IllOhtl15 one (I) year prior
to the appointment.
Rev. 10/01 (PolicesProceduresILandDevelopmentCode) VIII-5
h.
l.
'-'
...",
b. Members shall be appointed to three (3) year staggered terms aftu tllc initial appoilltlllcl1ts
to tllC Doa!d as follows.
1. T~o (2) IllCnlbus appoillted f'O! a onc (1) ycal tCIlII
2. TluCG (3) lllGl11bc,lS appoilIted f'Ol a two (2) ycal tCllIl
3. T \';10 (2) lllGl1lbGis appointed to! a tlIlCC (3) yca! tCHll
c.
~~~~Ct ~ 1I1G111bcl, nOl a mc,l11bCl ' s spousc, shall be a nl(,J}lbu of any City ad v iSOlY body, 01
a City quasi-judicial body. No mCUlbGl, 01 nlcI'l.lbu' s spouse, sllall bc a City cmploycc.
Members shall not appear for. nor represent. any other person other than himselflherself
before the Board for one (1 ) year after hislher departure.
d.
~~l ~~~~1~ shall SC1vC w ithont compcnsation, but may Iced vC nca.ssary cxpcuscs
IdmbUlSCll1Cnt whiIG on offidal busincss ofthc DO~Hd. The CEB. and its members. shall be
subject to the requirements of the Public Records Law (CR. 119. F.S.) And the Sunshine
Law (Ch. 286. F.S.).
e.
~~ l;lC~~~~ ~f thc Doald may bc lcll10vcd rol Gausc by the- City Coundl at any timc,
r~:~~~~ t~~t ~~to!c such le-moval, thc nlcmbel shall be providcd with ~rittcn e-harge-s and
i~ aff'Orde-d a public oppor1uIlity to prOvide a defcusc. All members shall serve without
compensation. but may receive reimbursement while on official business of the Board.
f:.
Any member of the Board may be removed for cause by the City Council at anv time.
&.
No member of the Board shall bring forward any code enforcement cases. No member of
the Board shall vote on any matter that would inure to a special private gain: or of any
principal by which the member is employed. or retained. or to the parent organization. or
subsidiary of a cOllJorate principal by which the member is retained: or that would inure to
the special private gain of a relative. or business associate.
Members shall not appeal fO!, hOl replesent, any othel PUSOh than himsdflhclsdf at thc
meetings bdorc the Domd rol twdvc (12) months aftel hisfllCI dcpaltme.
The CUD, Md its IllGmbGlS, .shall be subjcct to thc lcquirclllChts of thc Public RccO!ds Law
(CII. 119, FS) and thc SunshilIG Law (Ch. 28G, PS).
21-86.03 - Meetings
a. The CEB shall meet when there is sufficient business to warrant a meeting.
b. The Code Enforcement Board shall establish by-laws for conducting their meetings. The
Chairman may call other meetings as necessary, provided that no less than ten (10) days
Rev. 10/01 (PolicesProcedureslLandDevelopmentCode) VIII-6
,
'.
"w'
...."
notice is given to the members and applicants. Special meetings may be called with a written
notice signed by three (3) members with at least forty-eight (48) hours notice.
c. rtl15tlaht to tile. rcqtlile.nle.l1u; of Cl1aptGl 162.05 (D (4), [IS, hO btl5ihe.51> 511all be. tl ah5acted
by the. Doa1d tll1k55 a qtlOimn of fom (4) lue.rnbGI5 i5 pIG5e.nt.
d:-- An affillnati ve. vote. of tile. I1lajOlity of the, qtlOIUnl i5 le.qtlile.d f\Jl ahY de.ci5ioh by tk Doaid.
c. Tile nlcl11be.i5 aiC 5tlbjcGt to the. 1<:.qtliIGmcnt5 oftl1<:. rtlblic Rccord5 Law (Ch.apte.i 119, [IS)
and the. Stlh5hine. Law (CI1.aptc.r 286, I'S).
21-86.04 - Jurisdiction Powers and Duties
The Code Enforcement Board shall have the jmisdktion and authority to hear and decide alleged
violations of the follow ihg City Code of Ordinances, including, but not limited to, the following:
a. All areas of jurisdiction set forth in Chapters 162,489 and 553, FS.
b. Chapter 7, Article IX - Swimming Pools
c. Chapter 10, Article II - Noise
d. Chapter 10, Article III - Cleanliness and Sanitation of Premises
e. Chapter 10, Article IV - Sewage Disposal
f. Chapter te21, Article V - We.e.ds and 01(155 Site Design Criteria
g. Chapter 11 - Occupational Licenses
h. Chapter 12, Article II - Garage Sales
1. Chapter 12, Article III - Alarm Systems
J. Chapter 15 - Streets and Sidewalks
k. Chapter 21 - Land Development Code
21-86.05 - Powers
The Code Enforcement Board shall have the following powers:
a. Subpoena alleged violators and witnesses to its hearings.
b. Subpoenas shall be served by the Edgewater Police Department.
c. Subpoena evidence to its hearings.
d. Take testimony under oath.
e. Issue orders having the force of law to compel an adjudicated violator to comply.
Se(tio~, 21-86.06 - rl ocedtU es (Procedures and hearing process is described in Article X.)
a. Tile. CUD 511all adopt I tlk5 of plOcedtlle. tllat gtlaiantce. ftlndanlcntal faiiHc5S, ploccdtll al due
process and 5ubstallti\>e dUG piOGe.5S fOi all pal tics w itlliiI nil1Gt} (90) days of adoption of this
€ode:-
Rev. I % I (PolicesProcedures/LandDevelopmentCode) VIII - 7
~
~
d.
. . .
"-'
.."",
b. Tile City sllall pi 0 v ide each alleged ofkndel with a Notice of Ileal ing Iiot less than rom teen
(14) days pliO! to tile CED nleeting at wlliell the mattu ~ill be considGled.
c. Upon isstlalice of a Notice ofIkadng, ex pal te GOillI11tlnieation rol tile CUD is cffecti ve and
no fm thel contact with the alleged of [elide I is peIlllitted otltside of the CED hcaling.
SECTION 21-87 - CONSTRUCTION REGULATION BOARD (CRB)
21-87.01 - Purpose
The purpose of the Construction Regulation Board is to provide reviewS' and recommendations to
the City Council on building and construction related matters. The CRB is deemed to be competent
to sit in Judgement on matters concerning the interpretation of the Standard Building Codes and the
NFP A Life Safety and Fire Prevention Codes and its enforcement.
21-87.02 - Membership
a.
The CRB shall be composed consist of seven (7) members appointed by the City Council.
Five (5) members shall be representative of the following: Florida licensed general
contractor, Florida licensed architect or structural engineer, Florida licensed property or
casualty agent, Florida certified fire inspector or firefighter, and a citizen at large. The
remaining two (2) members shall be chosen from the following Florida licensed contractors:
electrical, plumbing, and air conditioning. The architect shall be other than a landscape
architect. No dry employee shall be. a I1lelubel of the CRn. Members shall be legal residents
of the City unless no qualified resident candidate applies.
b:-.
eb.
Members of the CRn shall be appointed for a term of three (3) years- staggered term w ithotlt
compensatjoh btlt may ICce.i ve travel and othel neCC5Sal} GxpGnses w hil~ ~n official btlsiness
of the CRRDtle to the need to staggGI tGlll.iS to gualantec eontintlity on the CRn, the initial
~~0~~~1~~:1~~,5~1~1I ~~,~S fello~s: ThleG (3) Il1ehlbe.ls sllall be appoilited fel one (1) yeal,
two (2} Illenlbeu; shall be appolllted fOI two (2) yeals, alid two (2) mClubc,JS sllall be
appointed fOI tluee (3) ycals.
No member shall be a City employee. Member shall not appear for, nor represent any other
person then himselflherself before the Board for one (I) year after hislher departure.
~: ~~~n~~~~ ~ ~IIC ~R~ is absent [01 thlce (3) conscCtlti ve lcgtllal meetings 01 tWClity fi vC
pCICcnt (25%) 01 mOl\-- of all I11eetings held dtldng any calendal yeal, said Il1embCl shall
Rev. 10/01 (PolicesProcedureslLandDevelopmentCode) VIII-8
<0.
J.
k.
1.
m.
1, ' ,
....
....,
f'Olfc,it tllC office. TIlc City COtIncil shall fill tllC officc [01 tIlC iClIlaindcl of the tIllCXpiled
term:-
d.
The CEB, and its members, shall be subiect to the requirements of the Public Records Law
(Ch. 119, F.S.) and the Sunshine Law (Ch. 286, F.S.).
e.
A member of the CRB may be removed for cause by the City Council at any time, pi 0 v ided
~O~~~~l, that bdOle StIch lemoval tllc I1lcmbcl sllall be Plovidcd with ~littcn ehalgcs and
is af[olded a ptIbliG opporttIhity to plO v ide a dcfcm;c.
f.
No member of the CRB shall vote upon any matter which would inure to his special private
gain; or of any principal to which he is retained or to the parent organization or subsidiary
of a corporate principal by which he is retained: or which would inure to the special private
gain of a relative or business associate.
g.
No mcmbcl of thc CRn shall appear fOl or rcprcscnt any pelson in any mattei bdolC thc
CRn otllel than himsdf.
~ ~~~t ll_l~~~~~r_ o~ the CRn shall appcal beforc thc CRn cxcept when lcprcscnting
Mcmbw ,hall .oot avl"'''' ro.. 00, "1',0'''01. at,y olbel p<.,.oo Iban hio"dflho/Sdf ~
mcetin~s bdore thc Doald fOl a peliod of twd vC (12) calcndai months a[tcl hisflm SCl v iGe
11M "llded dcparttIIe.
1.
ThG- CRn shall dect a Chairman and 'liGc-Chairmall [iom among its mcmb"is at thc first
rc~tIlal llleG-tin~ in JantIary cach ycm to o5G-l vC a tG1111 of onc (1) ycar. The officels shall be
di~ibk for ledcctton.
:;~~ ~;I~~i~~l~~n s~~ll ~~~side at all lnG-etings and healings of the CRn and appoint allY
C01TUntttccs that aI c decmed neeeSSal y.
~h~ :n~:b=l: of t!:" S,RD. may 5e.kct ~n addit~onal pe.i5on who shall plcsid" Ovel mectill~5
to the ab5c.nce of tile Challlhan and 'lIce. Challl1lan.
Thc SCClGt,uy, plovidGd by the. City, shall kcc.p mihtItcs ofthc ploccedings of the CRD.
21-87.03 - Meetings
a. The. CRD shall adopt b)'-la~s ['01 cOlIdtIctin~ tllcil mc.etings. The CRB shall meet during the
months of January, March. May, July, September and November. Special meetings of the
CRB may be called by the Chairman, Building Official or Fire Official if at least forty-eight
Rev. 1010 I (PolicesProcedureslLandDeveIopmentCode) VIII-9
..
1
....
.."",
48 hours notice is iven to each member ofthe CRE. In case of extenuatin circumstances
the Chairman may call an emergency meeting if at least twenty-four (24) hours notice is
given to each member.
b.
Special !hectings of tile CRD 111a} be called by the Chaiullal1, Duilding Official Oi Pile
Official if at least f'OI ty -cight (48) hOUl s notice is gi ven to cach membo of the CRD. III case
~~ ~~~e~uating ciIcumstance,s, the Cllaiullan lllay call an e,lllcrgGllcy meeting if at least
tWCllty-foUl (24) hours 110tice, is gi v(,ll to eaell l1lClllbe,!. The CRB shall adopt by-laws for
conducting their meetings.
c.
:~ ~~ ~~a! ~n~inue, a Ie-gular I'I.le-cting if all business e,annot be complete,d on that day.
:l~c. da;e- an~ time, of the meeting's J(,sumption shall be, stated by the pIe,siding office! at the
tUlle, of continuance,.
d.
:~~~ ~~~~~l~~~ }~s: ~an a qtlOHllll is present at any procccdihg ohile CRn, the pIocceding
~~ be :"':i1ednJcd ".lh." a "oMMabk pc,;~d oftimc. 11,c S<ereta.) .hall notify alll>artie.
and such othel mterestcd pClsons as may be dGSIgnatcd of the tHUG, place, and datG of the
rcschcdtlled pIoeee-ding.
21-87.04 - Powers & Duties
The Construction Regulation Board (CRB) shall have the responsibility of the followings:
a. To review the building, fire, and other related technical codes and policies.
b. To hear appeals of a decision or action of the Building Official or Fire Chief regarding the
adopted technical codes.
c. To provide recommendations to the City Council on building and construction related
matters.
d. To exercise disciplinary control and oversight over locally licensed contractors.
e. To adopt rules of procedure not inconsistent with the provisions of this Article and approved
as to legal form and correctness by the City Attorney.
21-87.05 - Appeals Procedures
a' The purpose of this section is to set forth an appeals process regarding interpretations,
enforcement, decisions or actions by the Building Official or the Fire Chief. The CRB shall
provide for reasonable interpretation of the provision of the codes and rule on appeals from
decisions of the department having jurisdiction.
Rev. 1 % I (PolicesProcedureslLandDevelopmentCode) VIII -10
..
..
~
.. .' .. ,
~
....,
b. ~~e ~~~ is dGG111Cd to bG eOlupGtGnt to sit in judgGment 011 mattGIS concc1l1ing tile
il1t'ClplGtatlon of the 5tandaId bmldmg eode5 and tile NPrA LIfe SafGt} and FilG rIeventlOll
CodGS and it5' enfOICGl1lent.
d:b. -A. An Application for appeals shall be submitted to the Building Department along with a
non-refundable fee as established by the City. The application shall state the code provisions
from which relief is sought and the remedy proposed.
ec. Any person shall be permitted to appeal a decision by the Building Official or the Fire Chief
when it is claimed anyone or more of the following conditions exist.
1. The true intent of the codes or ordinances described are interpreted incorrectly.
2. The provisions of the code or ordinance do not fully apply.
3. A decision is unreasonable or arbitrary as it applies to alternatives or new materials.
fd. Any person shall be permitted to appeal a decision by the Building Official or the Fire Chief
when anyone or more of the following decisions have been reached.
1, The refusal to issue a building permit.
2. Refusal to approve a project on interim or final inspection.
3. Refusal to issue a e.O.
4. Issuance of a stop work order.
5. A decision that a project is subject to and must conform to one or more technical
codes and must be authorized by a building permit.
6. Revocation of a building permit, e.O. or use
~ Any person aggrieved by a decision of the CRB shall appeal such decision to Circuit Court.
Sections 21-88through 21-89 reserved for future use.
Rev. 10/01 (PolicesProcedures/LandDevelopmentCode) VIII-II