2001-O-75
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ORDINANCE NO. 2001-0-75
AN ORDINANCE OF THE CITY OF EDGEW A TER,
FLORIDA; AMENDING CHAPTER 21, THE LAND
DEVELOPMENT CODE BY MODIFYING ARTICLE X
(CODE COMPLIANCE PROCESS), ARTICLE XI
(CONCURRENCY MANAGEMENT SYSTEM) AND ARTICLE
XII (TELECOMMUNICATION TOWERS), 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 X (Code Compliance Process, Article XI (Concurrency
Management System) and Article XII (Telecommunication Towers) 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:
StI tick tillough passages are deleted.
Underlined passages are added.
2001-0-75
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PART A.
AMEND CHAPTER 21 (LAND DEVELOPMENT CODE), BY
AMENDING ARTICLE X (CODE COMPLIANCE PROCESS),
ARTICLE XI (CONCURRENCY MANAGEMENT SYSTEM)
AND ARTICLE XII (TELECOMMUNICATION TOWERS)
OF THE CODE OF ORDINANCES, CITY OF EDGEW ATER,
FLORIDA.
Article X (Code Compliance Process), Article XI (Concurrency Management
System) and Article XII (Telecommunication Towers) 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are hereby superseded by this ordinance to the extent of such conflict.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.
StlUck t11lOugh passages are deleted.
Underlined passages are added.
2001-0-75
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PART E.
EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
PART F.
ADOPTION.
After Motion by Councilman Vincenzi and Second by Councilman Brown, the vote on the
first reading of this ordinance held on November 12, 2001, was as follows:
AYE
NAY
Mayor Donald A. Schmidt
x
Councilman James P. Brown
x
Councilman Dennis A. Vincenzi
x
Councilwoman Harriet E. Rhodes
ABSENT
Councilwoman Judy Lichter
X
andSecondby ~ ~
After Motion by &~ /-::IL
the vote on the second reading of this ordinance was as follows:
AYE
NAY
Councilwoman Harriet E. Rhodes
'/.
~
V
'f.
i
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis A. Vincenzi
Councilwoman Judy Lichter
Stl uck tlllough passages are deleted.
Underlined passages are added.
2001-0-75
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PASSED AND DULY ADOPTED this _3 �t day of 01.� , 2001.
ATTEST:
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by:
Scott A. Cookson, Esquire
City Attorney
Foley & Lardner
Struek fln ough passages are deleted.
Underlined passages are added.
2001-0-75
CITY COUNCIL OF THE
CITY OF EDGE/WgATER, FLORIDA
Donald A. Schmidt
Mayor
N YlCii J .C]I/� K
Robin L. Matusick
Legal Assistant
Approved by the City Council of the City of
Edgewater at a meeting held on this .3
day of 2001 under
Agenda Item No. 6.
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ARTICLE X
CODE COMPLIANCE PROCESS
SECTION 21-120 - ENFORCEMENT PROCESS
21-120.01 - Purpose ................................................................................................... ........ ...... . X-I
21-120.02 - Enforcement Procedure .................. ..................................................................... .. X-I
21-120.03 - Conduct of Hearing ............................................................................................... X - 3
21-120.04 - Notices .......... ........................................................................................... .............. X-4
21-120.05 - Administrative Fines, Costs of Repairs ................................................................. X-5
21-120.06 - Liens ...................................................................................................................... X-6
21-120.07 - Appeals ......................................................... ................ .................................... ..... X-6
21-120.08 - Effect on Pending Projects .................................................................................... X-6
Sections 21-121 through 21-129 reserved for future use.
Article X
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ARTICLE X
CODE COMPLIANCE PROCESS
SECTION 21-120 - ENFORCEMENT PROCESS
21-120.01 - Purpose
The purpose of this Article is to promote, protect and improve the health, safety and welfare of the
citizens of the City by empowering the Code Enforcement Board (hereinafter referred to as "CEB")
to impose, administrative costs, fines and various non-criminal penalties and to provide for an
equitable, expeditious and effective process to achieve compliance and/or enforcement of the laws,
Codes of Ordinances and statutes in force in the City. Nothing in this Article shall prohibit or limit
the City from enforcing the laws, Codes of Ordinances and statutes in force in the City by any other
means available. The provisions of this Article are merely an additional means of obtaining
compliance.
The following City staff members are hereby empowered to establish procedures for the
implementation of the provisions of this Article - City Manager, City Attorney, Code Enforcement
Board Attorney and Chief of the Fire-Rescue Department. The Planning Department Director, Code
Compliance officers, Building Official, Building Inspectors, Life Safety Inspectors, Police Officers
and any other City staff member who meets the requirements of Section 162.04 (2), Florida Statutes.
21-120.02 - Enforcement Procedures
a. Complaints concerning possible code violations may be received by telephone, voice mail,
written correspondence, direct citizen contact, referrals from other City departments or
governmental agencies or by the direct observation by a code inspector. Upon notification
of such complaint, a code inspector will determine the location of the alleged violation and
investigate the nature of the complaint. If the complaint is received by someone other than
a code inspector, the code inspector or staff member assisting the code inspector will ask for
the name, address and phone number of the person making a complaint. Persons not wishing
to reveal that information will be listed as an "anonymous complaint".
b. A code inspector will attempt to determine if a code violation exists. Observations will be
made from public property unless permission is secured from an owner or tenant to access
private property. The code inspector will make every effort to personally contact the owner
or tenant of the property where the alleged violation exists. If personal contact is not
possible, a "courtesy notice of violation" describing the violation and which includes a
request for corrective action and sets a reasonable time frame for such action will be left at
the property. If the owner or tenant of the property where the alleged violation exists refuses
entry to the code inspector, the inspector will leave the property and report the incident to
their immediate supervisor. Dates and times of such property visits will be documented.
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c. If the code inspector has reason to believe a violation or condition causing the violation
represents a serious threat to public health, safety and welfare or if the violation is irreparable
or irreversible in nature, the code inspector shall make a reasonable effort to notify the
alleged violator and may immediately request a hearing to be scheduled.
d. Follow up inspections will be performed in a timely manner in accordance with the time
frame set forth in the "courtesy notice of violation". The code inspector will make a
determination if corrective action was appropriately taken or whether the violation was
otherwise brought into compliance.
e. If the code inspector determines that the corrective action was appropriately taken or whether
the violation was otherwise brought into compliance, such action taken including the date
and time of verification, will be included in the case file. If the violation continues beyond
the time frame set forth in the "courtesy notice of violation", staff will prepare a "notice of
violation" to be sent, via certified mail, or hand delivered to the owner/tenant of the property.
The "notice of violation" will state the section of the Code that is in violation and the
corrective action needed to bring the violation into compliance. The "notice of violation"
will state the time period in which the violation must be corrected or the alleged violator will
be required to appear before the next scheduled CEB hearing. The date, time and location
of the meeting will be included in the notice. The "notice of violation" shall place the
alleged violator on notice that failure to achieve compliance may result in fines and the
recovery of costs associated with those fines as well as the possibility of liens placed against
the property.
f. The code inspector shall re-inspect the property after the prescribed time period of time for
corrective action set forth in the "notice of violation." If the code inspector determines that
the property has not been brought into compliance, the code inspector may take photographs
of the violation or gather other evidence indicating that the violation still exists. Staff will
then schedule the alleged violator for appearance before the next scheduled CEB meeting.
g. The code inspector and staff will prepare the case for presentation before the CEB. This
shall include the preparation of a "notice of violation hearing" to be sent to the alleged
violator, by certified mail with return receipt requested, informing the alleged violator of the
date and time of the CEB hearing. This "notice of violation hearing" shall be sent no less
than fourteen (14) days prior to the hearing before the CEB.
h. If the return receipt from the certified mailing of the "notice of violation hearing" has not
been returned to the Community Services Division, the property will be posted with a "notice
of violation hearing" no less than ten (10) days prior to the scheduled CEB meeting.
1. The agenda for the CEB meeting may be advertised in a local newspaper of general
circulation prior to the meeting.
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J. The CEB members must receive the meeting agenda and packet, either by mail or hand
delivered, no later than seven (7) days prior to the meeting.
k. The code inspector will, on the day of the scheduled hearing, reinspect the violation items
and report the findings to the CEB.
1. The CEB will meet on the third Thursday of each month at 5:30 p.m. in the Edgewater
Community Center located at 102 North Riverside Drive, unless determined otherwise by
the CEB. All meeting dates of the CEB will be advertised in a local newspaper.
m. If a repeat violation meeting the criteria of Section 162.04 (5), Florida Statutes, is found, the
code inspector shall notify the violator but is not required to give the violator a reasonable
time to correct the violation and shall schedule consideration of the matter by the CEB at the
next scheduled meeting. The case may be presented to the CEB even if the repeat violation
has been corrected prior to the meeting and the notice to the violator shall so state.
n. Persons that may be charged with an alleged violation may include:
1. The owner, agent, lessor, lessee, contractor or any other person using the land,
structure or premises where a violation has occurred;
2. Any person who knowingly commits, takes part in or assists in any such violation;
or
3. Any person who maintains any land, structure or premises in which a violation exists.
o. If the owner of property which is subject to an enforcement proceeding before the CEB
transfers ownership of such property between the time the initial notice was provided and the
time of the hearing, such owner shall provide the notices as required by Section 162.06(5),
Florida Statutes.
21-120.03 - Conduct of Hearing
a. The code inspector responsible for the case shall present the case before the CEB. The code
inspector may seek assistance of City staff involved in the case and the CEB attorney.
b. The CEB shall take sworn testimony from all parties and may hear any additional relevant
information relating to the case. All testimony shall be recorded. Formal rules of evidence
shall not apply, but fundamental due process shall be observed and shall govern the hearing
proceedings.
c. The alleged violator has the right to appear in person before the CEB to testify personally and
present other evidence relevant to the matter under consideration by the CEB, to subpoena
witnesses to testify at the hearing and to be represented before the CEB by legal counsel of
his own choosing at his own expense.
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d. At the conclusion of the hearing, the CEB shall issue findings of fact based on evidence of
record and conclusions of law and shall issue an order affording compliance in accordance
with powers granted in Section 21-86.
e. The order will specify a date by which the violation must be corrected and that a fine may
be imposed and as well as an additional charge to the owner for any costs incurred by the
City to bring the violation into compliance in the event such compliance is not met by a
specific date.
f. A certified copy of such order shall be recorded in the public records of V olusia County and
shall constitute notice to any subsequent purchasers, successors in interest or assigns, and
tenants of the property where the violation has been cited.
g. If an order is recorded in the public records of V olusia County in accordance with this Article
and the order is complied with by the specified date, the CEB shall issue an order
acknowledging compliance that shall also be recorded in the public records. A separate CEB
hearing is not required to issue such an order acknowledging compliance.
h. If the City prevails in prosecuting a case before the CEB, the City shall be entitled to recover
all costs incurred in prosecuting said case.
21-120.04 - Notices
a. All notices required by this Article will be provided to the alleged violator by certified mail
with return receipt requested; by hand delivery by a code inspector or by leaving the notice
at the violator's usual place of residence with any person residing therein who is at least
eighteen (18) years of age and has been informed of the contents of the notice. Evidence that
an attempt has been made to mail or hand deliver the notice shall be sufficient to show that
the notice requirements have been met, without regard to whether the alleged violator
received such notice.
b. In addition to providing notice as set forth above, notice may also be served by publication
or posting as follows:
1. Such notice shall be published once during each week for four (4) consecutive weeks
in a newspaper of general circulation in V olusia County which meets the
requirements as prescribed by Chapter 50, Florida Statutes, for legal and official
advertisements. Proof of publication shall be made as provided in accordance with
Sections 50.041 and 50.051, Florida Statutes.
c. In lieu of publication as described in subsection (a), such notice may be posted for at least
ten (10) days in at least two (2) locations, one of which shall be the property upon which the
violation is alleged to exist and the other being Edgewater City Hall. Proof of posting shall
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be by affidavit of the person posting such notice and shall include a copy of the notice posted
and the dates, times and locations of posting.
d. Notice by publication or posting may run concurrently with, or may follow, attempts to
provide notice in other manners described in this section.
21-120.05 - Administrative Fines, Costs of Repairs
a. The CEB, upon notification by a code inspector that an order of the CEB has not been
complied with by the set time, or upon finding that a repeat violation has been committed,
may order the violator to pay a fine in an amount and in accordance with the provision of
Section 162.09, Florida Statutes.
b. In addition, the CEB may notify the City Manager if an order to comply is not completed
within the specified time frame. The City manager may authorize reasonable repairs which
are required to bring the property into compliance. These costs will be charged to the
violator. Making such repairs does not create a continuing obligation on the part of the City
to make other repairs or to maintain the property and does not create any liability against the
City for any damages to the property if such repairs were completed in good faith.
c. In determining the amount of the fine, if any, the CEB will consider the following factors:
1. The gravity of the violation;
2. Any actions taken by the violator to make corrections; and
3. Any previous violations committed by the violator.
d. The CEB may reduce a fine imposed pursuant to this Article, unless there is a lien imposed
relating to the fine. In such cases, the CEB or City Council may execute a lien satisfaction
or lien release document.
e. A fine imposed pursuant to this Article shall continue to accrue until the violator comes into
compliance or until judgment is rendered in a suit filed pursuant to this section, whichever
occurs first.
f. A certified copy of an order imposing a fine or a fine plus repair costs, shall be recorded in
the public records of Volusia County and thereafter constitute a lien against the land on
which the violation exists and upon any other real or personal property owned by the
violator. City staff will notify the owner of such lien.
g. Upon petition to the Circuit Court, such order shall be enforceable as if it is a court judgment
by the County Sheriff, including levy against the personal property of the violator but such
order shall not be deemed a court judgment except for enforcement purposes.
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21-120.06 - Liens
a. A lien arising from a fine imposed pursuant to this Article runs in favor of the City, the CEB
or the City Council, and either may execute a satisfaction or release of the lien.
b. After three (3) months from the filing of any lien which remains unpaid, the City Council
may authorize the City Attorney to foreclose on the lien or to file suit to recover a money
judgment for the amount of the lien plus accrued interest.
c. No lien created pursuant to the provisions of this section may be foreclosed on real property
which is a homestead under Section 4, Article X of the State Constitution. The money
judgment provisions of this section shall not apply to real property or personal which is
covered under Section 4(a), Article X of the State Constitution.
d. The duration and continuation of liens shall be in accordance with Section 162.10, Florida
Statutes.
e. In an action to foreclose on a lien or for a money judgment, the prevailing party is entitled
to recover all costs, including a reasonable attorney's fee that are incurred during that action.
f. The City shall be entitled to collect all costs incurred in recording and satisfying a valid lien.
g. The Clerk is authorized and empowered to issue certified copies of the CEB' s records.
h. Actions from money judgments under this Article may be pursued on fines levied after
October 1, 2000.
21-120.07 - Appeals
An aggrieved party may appeal the decision of the CEB to the City Council. Following
consideration by the City Council, an aggrieved party, including the City, may appeal an order of the
CEB to the Circuit Court in the form and manner proscribed by the Court. Such an appeal shall not
be a hearing de novo, but shall be limited to appellate review of the record created before the eEB.
An appeal shall be filed in writing to the eEB within thirty (30) days of execution of the order to be
appealed.
21-120.08 - Effect On Pending Projects
The City Manager may suspend consideration of any application for development approval regarding
property that is the subject of a code enforcement action. Such suspension shall remain in effect
until the violation is in compliance and any outstanding fine/lien is satisfied.
Sections 21-121 through 21-129 reserved for future use.
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ARTICLE XI
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CONCURRENCY MANAGEMENT SYSTEM
SECTION21-130-PURPOSEANDINTENT.................................. XI-l
SECTION 21-131 - COMPREHENSIVE PLAN CONSISTENCY ................. XI-l
SECTION 21-132 - CONCURRENCY REVIEW PROCESS
21-132.01 - General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XI-2
21-132.02 Procedu1cs Manual. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *M
21-132.(B~ - Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XI-2
21-132.04J - Traffic Counts ............................................ XI-2
21-132.05:!:-ConcurrencyDetermination .................................. XI-3
21-132.06~ - Appeals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XI-3
21-132.OTQ. - Concurrency Resolution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XI-3
21-132.08-1- Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XI-3
SECTION 21-133 - APPLICABILITY AND EXEMPTIONS
21-133.01 - Projects Below the Minimum Threshold. . . . . . . . . . . . . . . . . . . . . . . . . XI-4
21-133.02 - Vested Projects. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XI-4
21-133.03 - Redevelopment Projects. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XI-4
SECTION 21-134 - FINAL DEVELOPMENT ORDER CRITERIA
21-134.01 - Sewer, Water, Solid Waste & Drainage. . . . . . . . . . . . . . . . . . . . . . . . . . XI-5
21-134.02 - Parks & Recreation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XI-5
21-134.03 - Transportation Facilities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XI-6
SECTION 21-135 - ADOPTED LEVEL OF SERVICE STANDARDS. . . . . . . . .. . . . . XI-7
SECTION 21-136 - CONCURRENCY DEMAND METHODOLOGY
21-136.01 - Roadways. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XI-8
21-136.02 - Solid Waste .............................................. XI-10
21-136.03 - Potable Water . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XI-10
21-136.04-SanitarySewer ............................................ XI-10
21-136.05 - Drainage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XI-II
21-136.06 - Recreation and Open Space .................................. XI-II
SECTION 21-137 - INTERGOVERNMENTAL COORDINATION
21-137.01 - Multi-jurisdictional Developments ............................ XI-II
Sections 21-138 through 21-139 reserved for future use.
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ARTICLE XI
CONCURRENCY MANAGEMENT SYSTEM
SECTION 21-130 - PURPOSE AND INTENT
Concurrency is a finding that the required public facilities and services necessary to support a
proposed development are available, or will be made available, concurrent with the impacts of the
development. This Article is intended to provide a systematic process for the review and evaluation
of all proposed development for its impact on public facilities and services as required by Chapter
163.3180, Florida Statutes (FS), and Rule 9J-5.0055, Florida Administrative Code (FAC).
Public facilities and services in the City of Edgewater that are subject to these regulations include:
a. Potable Water
b. Sanitary Sewer
c. Drainage/Stormwater
d. Recreation/Open Space
e. Solid Waste
f. Roadways
The purpose of this Article is to ensure that development orders and permits are conditioned on the
availability of these facilities and services that meet adopted level of service requirements identified
in this Article. This Article is also intended to describe the requirements and procedures for
determining consistency of proposed development with the City of Edgewater's Comprehensive Plan.
SECTION 21-131 - CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN
Pursuant to the requirements of Chapter 163.3194 (1 )(a), FS, all development applications must
represent projects that are consistent with the City of Edgewater Comprehensive Plan, particularly
the Future Land Use Element designations for the subject parcel. Upon a determination by the City
staff that a proposed project is consistent with the Plan, the development permit applications shall
demonstrate that the public facilities listed above shall be available at prescribed levels of service
when the impact of the development occurs.
The provisions of this Article implement the following policies of the Comprehensive Plan fisted
betow:
a. Future Land Use Element.. - 2.4, 3.1,3.2,3.3,3.4,4.2,4.4, G.1 ,G.2,G.3
b. Traffic Circulation Element.. - 1.2,1.3, 2.3
e. Sanitary Sewer Subelement.. - 1.1,1.2, 2.4
d. Potable Water Subelement.. =-+:+
e:- Drainage Subelement.. - 1.1,1.2, 4.3
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f. Coastal Zone Mgmt Element - 4.3, 7AI,7A2 and
g. Recreation & Open Space Element-=-t:Z-
SECTION 21-132 - CONCURRENCY REVIEW PROCESS
21-132.01 - General
a. The Planning and Developnlcllt Director shall be responsible for the administration of the
Concurrency Management System. No final development order shall be issued for any
project unless it meets the conditions stated in this Article.
b. The Planning and DCvclopnlcnt Dcp<utlllent Director shall present a concurrency
management status report to the Planning and Zoning Board ill sufficiclIt tinlc to allow its
review and recommendation to the City Council for preparation of the City's Capital
Improvement Element and Budget.
21-132.02 - rl ocedm cs
Tllc PlaldlilIg and Dc v clOpluClIt Dcpal tluelIt sllall rc v k ~ tile Edgc ~ atcr COliCUII cne y MalIagelucllt
System ProccdUles Manual alId luake. lccomluclldatiolIs lcgardilIg any lIe.ccssary cIl<UlgCS to thc
PlalInilIg alId Zoning Doald. Upon tIIC PlannilIg and ZOlIilIg Doa:rd' s approval of tJ.c De.pal tnle.nt' s
rCCOllHlICndatiolI, the. Mallual ~ ill be. r C v ised. If the. r cconlnle.ndatiolIs 1 cquir e. dla:lIge.S to tllis
Altick, thc LDC alllcndlucnt pIOCCS.') described ill Artick IX .')Ilall bc cOlupktcd.
21-132.03~ - Application
a. All applicants for projects subject to a concurrency review shall make application in the
manner and form prescribed by the Department and shall at a minimum include the proposed
use, its density or intensity and anticipation completion date.
b. No application for concurrency review shall be accepted unless accompanied by the required
documentation and application fee.
21-132.04J - Traffic Counts
The Planning and Dc v e10plue.lIt Department shall annually publish the annual average daily vehicle
trips counts for the arterial.. and collector and local roadway segments affecting the City-when
provided by PDOT andJOl Volu.')ia County. Tlaffk count.') luay also be. colkcte.d and publi.')he.d f'Or
local .')tre.Gts as tllC IIccd wallants.
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21-132.051 - Concurrency Determination
The Planning altd DGvdopmGltt Department shall provide the applicant with a written concurrency
determination concerning the proposed development no later than twenty-one (21) working days
after submission of the application.
a. Identifying the available capacity of each facility cited in herein; and
b. Identifying any facility deficiencies; and
c. Identifying the improvements required for a deficient facility to meet the adopted level of
service standards; and
d. Other such findings as may be pertinent to the specific project.
21-132.06~ - Appeals
An applicant may appeal concurrency determination made by the Planning altd DGvdoplllGl1t
DGpal tlllGllt to tIle, rlanltilIg alld Zoning Doal d in tIlG fernl alId 1 11 all lIe, 1 pIC v idGd ill SGctiolt 21-85.
Director as described in Article I.
21-132.07Q - Concurrency Resolution
If the concurrency review determines that the proposed project will cause the level of service
standards for one or more of the facilities listed in Section 21-134 to be exceeded, the City and the
applicant may enter into a developer's agreement pursuant to the requirements of Chapter 163.3220-
3243, FS.
21-132.081 - Fees
The fees for concurrency management reviews and other matters shall be as established by
resolution.
SECTION 21-133 - APPLICABILITY AND EXEMPTIONS
All proposed development projects shall be subject to concurrency review, unless specifically
exempted below. In no case, shall a development order be issued for a minimum threshold project
which would impact a public facility for which a moratorium, or deferral on development, has been
placed.
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21-133.01 - Projects Below the Minimum Threshold
The following projects shall be exempt from concurrency review:
a. Residential projects resulting in the creation of a one single family dwelling, or one two
family dwelling as well as projects that entail structural alterations to such structures which
do not change the use of the structure or land; or
b. Change of use, or expansion, of non-residential projects of up to ten percent (10%) of the
existing gross floor area, providing such change of use, or expansion is estimated to generate
less than a fifteen percent (15%) increase in utility demand for the changed or expanded
structure. Vehicle trip generation data shall be pursuant to the latest edition of the Institute
of Traffic Engineers publication, Trip Generation Manual; or
c. Construction of residential or non-residential accessory buildings and structures which do
not create additional public facility demand; or,
d. Actions administered through non-impact development orders as well as other developments
which do not increase demand on public facilities, such as grading or excavation of land, or
structural alterations which do not include a change of use and satisfy provisions of a. and
b. above.
21-133.02 - Vested Projects
Projects with valid final development orders prior to adoption of tlli5 Code July 10, 2000, shall be
considered vested and exempt from concurrency management. These development orders shall
include the following:
a. Any project for which a valid building permit was issued prior to adoption of this Code and
has not expired; or
b. All vacant lots in single family detached, single family attached, and two family subdivisions
which were platted and recorded prior to adoption of this Code.
21-133.03 - Redevelopment Projects
a. Ifa redevelopment project generates demand in excess of one hundred fifteen percent (115%)
of the establishment it is replacing, a concurrency review shall be required. However, the
concurrency review shall only be directed to the demand generated that exceeds the demand
of prior existing development.
b. If the proposed redevelopment generates equal, or less, demand than the existing project, the
applicant for concurrency review shall be given a concurrency credit memorandum within
thirty (30) days of the concurrency evaluation which enables the applicant to reserve the
Rev. 1 % 1 (PoliciesProcedures/LandDevelopmentCode) XI-4
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unused capacity. The concurrency credit memorandum will expire within 3 years of its
issuance. The applicant's submission of an application for a demolition permit shall initiate
the concurrency review for the express purpose of issuing credits for redevelopment.
SECTION 21-134 - FINAL DEVELOPMENT ORDER CRITERIA
A final development order shall not be granted for a proposed development unless the City finds that
capacity for public facilities exists at, or above, adopted level of service (LOS), or that improvements
necessary to bring concurrency facilities up to their adopted LOS will be in place concurrent with
the impacts of the development. The City shall find that the criteria listed below has been met in
order for a proposed development to be found in compliance with concurrency management
requirements.
21-134.01 - Sanitary Sewer, Solid Waste, Drainage, And Potable Water Facilities
Sanitary sewer, solid waste, drainage, and potable water facilities shall, at a minimum, meet the
following standards to satisfy the concurrency requirements:
a. A development order is issued subject to the condition that at the time of the issuance of a
certificate of occupancy, or its functional equivalent, the necessary facilities and services are
in place and available to serve the new development; or,
b. At the time the development order is issued, the necessary facilities are guaranteed in an
enforceable development agreement pursuant to Section 163.3220, FS; or
c. An agreement, or development order, issued pursuant to Chapter 380, FS, to be in place and
available to serve new development at the time of the issuance of a certificate of occupancy.
(Section 163.3180 [2a], FS)
21-134.02 - Parks and Recreation Facilities
Parks and recreational facilities shall, at a minimum, ensure the following standards are met:
a. At the time the development order is issued, the necessary facilities are in place, or actual
construction has commenced; or,
b. A development order is issued subject to the condition that at the time of the issuance of a
certificate of occupancy, the acreage for the necessary facilities to serve the new development
is dedicated, or acquired by the City, or funds in the amount of the developer's fair share are
committed; and,
1. A development order is issued subject to the conditions that the necessary facilities
needed to serve the new development are scheduled to be in place, or under actual
Rev. 10101 (PoliciesProcedures/LandDevelopmenlCode) XI - 5
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construction, not more than one (1) year after issuance of a certificate of occupancy,
as provided in the City's Capital Improvement Element; or,
2. At the time the development order is issued, the necessary facilities are the subject
of a binding executed agreement which requires the necessary facilities and services
to serve the new development to be in place or under actual construction nor more
than one (1) year after issuance of a certificate of occupancy; or,
3. At the time the development order is issued, the necessary facilities are guaranteed
in an enforceable development agreement pursuant to Section 163.3220, FS or under
actual construction not more than one (1) year after issuance of a certificate of
occupancy.
21-134.03 - Transportation Facilities
Transportation facilities shall, at a minimum, meet the following standards:
a. At the time a development order is issued, the necessary facilities and services are in place
or under construction; or
b. A development order is issued subject to the conditions that the necessary facilities and
services needed to serve the new development are scheduled to be in place or under actual
construction nor more than three (3) years after issuance of a certificate of occupancy or its
functional equivalent, as provided in the adopted local government five (5) year schedule of
capital improvements. The schedule of capital improvements may include transportation
projects included in the first three (3) years of the most current adopted Florida Department
of Transportation Five Year Work Program. The Capital Improvement Element must include
the following policies:
1. The estimated date of actual project construction commencement and the estimated
completion date;
2. A provision that a plan amendment is required to eliminate, defer, or delay
construction of any road facility which is needed to maintain the adopted level of
service standard and which is listed in the first three (3) years of the five (5) year
schedule of improvements in the Capital Improvement Element.
c. At the time a development order is issued, the necessary facilities are the subject of a binding
executed agreement which require the necessary facilities to serve the new development to
be in place or under actual construction no more than three (3) years after the issuance of a
Certificate of Occupancy; or,
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d. At the time a development order is issued, the necessary facilities and services are guaranteed
in an enforceable development agreement, pursuant to Section 163.3220, FS; or an
agreement or development order issued pursuant to Chapter 380, FS; and will be in place or
under actual construction not more than three (3) years after issuance of a Certificate of
Occupancy.
SECTION 21-135 - ADOPTED LEVEL OF SERVICE STANDARDS
Table XI-1 depicts the level of service standards for those public facilities for which concurrency is
required and are found in Policy 4.1 of the Capital Improvement Element of the Comprehensive
Plan. These standards may only be changed by the full-scale plan amendment process described in
Article IX.
TABLE XI-l
ADOPTED LEVEL-OF-SERVICE STANDARDS
Level of Service Standards Recreation LOS !Person
Sanitary Sewer - 95 ZOO gallons/ERBcapitaJday 5 acres of parkland per 1,000 residents
Solid Waste - 2.754:4lbs.lcapitaJday
Drainage - 25 year124 hr storm
Potable Water - 100256 gallons/ERBcapitaJdav
US 1 - LOSD
Riverside Drive - LOSD
Park A venue - LOSD
Queen rahll Willow Oak Drive - LOSD
Indian River Blvd - LOSD
Virgil1ia StrGGt - LOSD
Local Streets - LOSE
Source: Capital Improvement Element
Note: Roadway Levels of Service are based on the PM Peak Hour
Rev. 1 % 1 (PoliciesProcedures/LandDevelopmentCode) XI - 7
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SECTION 21-136 CONCURRENCY DEMAND METHODOLOGY
The level of service standards for all concurrency facilities are listed ~ in Table XI-I. The
applicant shall provide the Planning al1d DGvdoplllGl1t Department with the information 1Gqui1ed to
apply tIIG adopted kvd of S(.,l v iGG stal1da1d to determine if a proposed development is consistent with
the City's concurrency requirements. The demand on concurrency facilities generated by the
applicant's development shall be dGtUl1lil1Gd as dGSG1ibc.d IIGlc.i11 defined consistent with the City's
Level of Service.
21-136.01 - Roadways
The following criteria shall be used to calculate the trips generated by various land uses:
a. For proposed residential development (except within planned developments), ten (10)
vehicle trips per day per single family or duplex shall be used. Six (6.0) trips per day per
dwelling unit shall be used for all multi-family residential projects.
b. For all other development categories allowed within the Future Land Use Element, the
impacts of development shall be measured by utilizing the average daily trip generation rate
for each land use in the proposed development. Internal capture rates may be used in
determining traffic volumes for mixed use developments, provided the applicant can justify
the rates used.
c. If the preliminary level of service information indicates a deficiency in roadway capacity
based on adopted level of service (LOS) standards, the developer may at his option, do either
of the following:
1. Prepare a more detailed alternative Highway Capacity Analysis as described in the
Highway Capacity Manual (Special Report 209, Transportation Research Board,
National Research Council, 1985); or
2. Conduct a travel time and delay study following professional standards and
procedures contained in the FDOT Manual for Uniform Traffic Studies.
d. The developer shall be required to submit a traffic analysis for any new development,
including new subdivisions, that is projected to generate five hundred (500) or more trips per
day.
e. The Planning al1d DGvdop11lc.nt Department may also require the submission of a traffic
analysis for developments that generate less than five hundred (500) trips per day if the site
location, anticipated total trip generation circulation patterns, possible multi jurisdictional
effects, or other such factors, warrant a more extensive review of traffic impacts.
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f. The impact area for the traffic analysis shall include adjacent and connected roadway
segments, as determined by the Planning and Dc,vdoplliC,iIt Director. The applicant may
supply alternative trip calculations, including a trip allocation methodology statement that
is consistent with the standards in one, or more, of the following documents:
1. 1985 Highway Capacity Manual. Report 209, Transportation Research Board,
National Research Council; or
2. Florida Highway System Plan, "Traffic Analysis Procedures," Florida Department
of Transportation, Bureau of Multi-Modal Systems Planning, 1987;or
3. Florida Highway System Plan, "Level of Service Standards and Guidelines Manual,"
Florida Department of Transportation, 1988; or
4. Trio Generation Manual, Institute of Transportation Engineers (latest edition); or,
5. Transportation and Land Development, Stover, Virgil G., Institute of Transportation
Engineers, 1988.
g. The traffic analysis shall include the following:
1. Total projected average weekday trips for the proposed development; and
2. Pass-by capture rate (commercial land uses only); and
3. Internal capture rate (planned development only);and
4. Daily external trips based on the most recent edition of the Institute of Transportation
Engineers Trip Generation Manual; and
5. Projected peak hour peak direction vehicle trips on all segments of the arterial and
collector street system affected by the development project.
(a) Design capacity of the accessed road(s);
(b) Analysis of traffic distribution on the road network, including all links
impacted by more than ten percent (10%) of project traffic or five hundred
(500) trips per day, whichever is greater. The trip distribution shall be
consistent with the "presets" contained in the approved trip generation model;
(c) Necessary operational improvements to the City, County, or State maintained
transportation system, in order to maintain the appropriate level of service for
the roadway;
(d) Justification, including appropriate references for the use of any trip
generation rates, adjustment factors or traffic assignment methods not
previously approved by the City;
(e) The latest edition of the ITE Trip Generation Manual shall be used to
calculate these estimates. Adjustments to these estimates may be made based
on special trip generation information supplied by the applicant; and,
(f) Other information as may be required by the City.
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(g) Ifthe alternative methodology indicates there is no deficiency in the capacity,
the results of the alternative methodology will be used. However, the City
shall reserve the option to submit the methodology for review by a
transportation professional prior to accepting the methodology. The cost for
such review shall be borne by the applicant.
21-136.02 - Solid Waste Facilities
The demand for solid waste facilities i5 dctcl1llincd a1\ follow5. shall be 2.75 pounds per capita per
day.
a. POI lC5idciItial dc v dOP111CiIt, 111ultiply tIIC total iIUlllbcl of Ullit5 ploposcd tiIIlG5 4.4 POUllds
pGl da)', pCl d W dlillg uiIit.
21-136.03 - Potable Water Facilities
The demand for potable water shall be dGtCIllliiICd a1\ follow5. 100 gallons per capita per day.
a. Multiply 250 (100 gal5/capita x 2.5 a vCl agc pC150iI5AloU5dlold) gallons tilllC5 tk nUl1'1bcl of
dwdliiIg uiIit5 fOI IC5idclltial plujCGt5.
b. POI IGt<1il/cOIIlIIlGld<11 dcvdopllle.llt, tIle dellland fOl potable watel 511<111 be dctGlllline.d by
lllultiply iiIg 25 g<1lloiI5 p(.l fixtUle uiIit di v ided by 250 Dqui valeiIt Re5idential Unit5
(ERU'5).
C. POI W<11dloU5eloffice 5hoWIOOlll dcvdop111cnt, the. de.111and fOl potable ~atcl 511<111 bc
dGtel11'1incd by nlultiply iiIg 25 gallol11\ pCl fixtUle ulIit di v ided by 250 Dqui valent
ResidciItial UiIits.
21-136.04 - Sanitary Sewer Facilities
The demand for sanitary sewer shall be dGtel1lliiIed a5 follow5. 95 gallons per capita per day.
a. POI lcsidciIti<11 plOjects, lllultiply 225 (85 galskapitaJday x 2.5 avCl<1ge pC.l50iIS pCl
llousdlold) gallons tilllCS tIle. total nUlllbu of plOp05Cd dwelling uiIits
b. POI lctaillc0111l11Cldal dcvdoplllCiIt, tIle delllaiId fol MiIitalY SCWCl shall be dc.tcl1lliiICd by
111ultiplyiIlg 25 galloiIs per fixtUle COUiIt divided by 225 - Equivalent ResidClltial UiIits.
C. POI W<11dloU5C/officc SIIO~lOOIIl dcvdoplllCiIt, tIIC dGlllaiId fol sanitary scwer sllall bc
dctGl1lliiIed by lllultiply il1g 25 galloiIs pGl fixtUle COUiIt di v idcd by 225 Equi valent
RC5idcl1tial UiIits.
Rev. 1 % 1 (PoliciesProcedures/LandDevelopmentCode) XI -10
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21-136.05 - Drainage
The applicant shall provide evidence demonstrating that the proposed project shall meet the City's
adopted level of service standards for drainage (100 year storm event).
21-136.06 - Recreation and Open Space
The demand for recreation areas shall be determined by applying the recreation facilities standards
found in Table XI-I.
SECTION 21-137 - INTERGOVERNMENTAL COORDINATION
21-137.01 - Multi-jurisdictional Developments
Developments which would impact a public facility in one, or more, adjacent local government
jurisdictions shall be subject to an intergovernmental review for concurrency. Table XI- 2 identifies
some projects that will be subject to multi-jurisdictional review. Other proposed projects may also
be subject to review by other local governments depending on the unique characteristics of the
project.
TABLE XI - 2
TRAFFIC IMPACTS STUDY AREA RADII (miles)
Residential Hotel or Office Shop Centers Industrial
Dwell. Units Motel Units (GLF A) (GLF A) (GLF A)
0-249 DU 0-249 0-99,000 0-49,000 0-249,000
0.5 miles 0.5 miles 0.25 miles 0.25 miles 0.5 miles
250-499 250-499 100-199,000 50-99,999 250-499,000
1.1 miles 1.0 miles 1.0 miles 0.5 miles 1.0 miles
500-1000 DU 500-1000 200,000 + 100-199,000 500-999,000
1.5 miles 1.5 miles 1.5 miles 0.75 miles 1.5 miles
1000 + 1000 + I 200-399,000 1,000,000 +
1.2 miles 2.0 miles 1.0 miles 2.0 miles
400,000 +
1.5 miles
Source: Planning and Dc v dOplllClit Department, January 1999
Note: GLFA = gross leasable floor area
Sections 21-138 through 21-139 reserved for future use.
Rev. 1 % 1 (PoliciesProcedures/LandDevelopmentCode ) XI-II
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ARTICLE XII
TELECOMMUNICATION TOWERS
SECTION 21-140 - PURPOSE
21-140.01 - Intent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. XII-1
SECTION 21-141- LOCATION CRITERIA
21-141.01 - Tower Setbacks ........................................... XII-l
21-141.02 - Permitted Tower Locations .................................. XII-2
SECTION 21-142 - SITE DEVELOPMENT CRITERIA
21-142.01 - Lighting ................................................. XII-4
21-142.02 - Painting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. XII-4
21-142.03 - Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. XII-4
21-142.04-MultipleUse.............................................. XII-4
21-142.05 - Additions/Improvements .................................... XII-4
21-142.06 - Signage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. XII-4
21-142.07 - Landscaping .............................................. XII-4
21-142.08 - Site. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. XII-5
21-142.09 - Liability ................................................. XII-5
21-142.10 - Lightning Protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. XII-5
21-142.11 - Fencing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. XII-5
21-142.12 - Co-Location.............................................. XII-5
SECTION 21-143 - SPECIAL PERMIT PROCESS
21-143.01 - Intent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. XII-6
21-143.02-Procedures ............................................... XII-6
21-143.03 - Special Permit Criteria ...................................... XII-7
SECTION 21-144 - LOCATION INCENTIVES
21-144.01 - City Owned Property ....................................... XII-7
21-144.02 - Florida Power and Light Right-of-Way. . . . . . . . . . . . . . . . . . . . . . . .. XII-8
21-144.03 - Other Public Property. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. XII-8
SECTION 21-145 - ANTENNAS ON BUILDINGS. . . . . . . . . . . . . . . . . . . . . . . . . . . .. XII-8
SECTION 21-146 - INSPECTIONS/CERTIFICATIONS. . . . . . . . . . . . . . . . . . . . . . .. XII-9
SECTION 21-147 - ABANDONMENT....................................... XII-9
Article XII
-)-
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SECTION 21-148 - ARTICLE AMENDMENTS VARIANCES AND APPEALS.... XII-9
21-148.01 - Vcuial1cG ................................................ XII 10
21 148.02 - PIOCGSS ................................................. XII-I0
21-148.03 - Appeals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. XII 10
Section 21-149 through 21-159 reserved for future use.
Article XII
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ARTICLE XII
TELECOMMUNICA TION TOWERS
SECTION 21-140 - PURPOSE
21-140.01 - Intent
The purpose of this section is to establish an incentive-based regulatory system for the location of
telecommunication towers so that the maximum level of service is available to users with a
minimum of disruption to residential neighborhoods. The basic philosophy is to 111akG tile decision
plocess 11101e cOlupkx al1d tllc clitelia tOtl~llel fOl ~tlyed al1d lattice to\'VelS becatlse they ale 11101e
aestIletiGally anlIoyilI~ thal1 hl01I0poks. encourage the placement of monopole uses and discourage
the use of guyed and lattice towers. The term monopole means a telecommunication tower
consisting of a single pole or spire self supported by a permanent foundation, constructed without
guy wires and ground anchors. The term others means towers that are supported by guyed wires and
lattice towers. The location of telecommunication towers is quasi-judicial in nature and shall be
administered accordingly.
SECTION 21-141- LOCATION CRITERIA
TIle ternl luonopok luealIS a tdccOlulutllIicatiol1 towel cOlIsistilIg of a Sill~k pole 01 spile sdf
StlppOl tcd b} a pGllualIcnt fotlndation, COl1stitlctcd \'V itIlotlt ~tly \'V iles and glOtllId allellol!>. The tellll
OtllC1S lllcans towelS tllat ale !>tlppOlted by ~tlyed wiles alId lattice tOWGlS. (Moved to 21-140.01
above.)
21-141.01 - Tower Setbacks
a. Table XII-l bdow shows describes the tower setbacks from adjacent parcels designated on
the Future Land Use Map as low density residential (LDR), medium density residential
(MDR), high density residential (HDR) and public right-of-way.
b. Except as provided in Section 21-144, Table XII-l shows the percentile to be applied to the
proposed tower height to determine the required setback from adjacent property lines. For
example, a 175 foot monopole times the percentile equals 350 feet from a parcel designated
LDR, MDR, HDR in the City's Comprehensive Plan and 87.5 feet from a public road R1W.
c. The setback is measured from the base of the antenna to the nearest property line.
Rev. 11/01 (PoliciesProcedureslLandDevelopmentCode) XII-l
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Table XII-l
Tower Setbacks (% of height)
Land Useffower Height <75 > 100 > 125 > 150 > 175 7200 T
Ft. Ft. Ft. Ft. Ft. Ft.
LDR, MDR, HDR
Monopoles 100 % 100% 125 % 150 % 200% 250 %
Others 110 125 200 200 300 300
Public RIW
Monopoles 25 25 25 25 50 100
Others 125 125 125 150 150 200
Source: Planning & Development Dept., January 1999
21-141.02 - Permitted Tower Locations
a. Tabk XII 2 plovides tIIG location GlitGria by PUtUIG Land Use Map catGgoIY, type of
cOllstltlction and llGight. TIle kttGr P ruGans tile- tOWe-1 is pc-ll11itted by ligllt, only if the- sitc
de. vdoprue.nt crite-ria pro v idcd ill sGction 21-142 al c luGt. IJXCGpt as pI 0 v idcd in SGction
21-144, no dGsigl1ation luC.1l1S it is 110t pClluittcd il1 tll.1t lal1d use cate-gory.
b. TIIG kttC-I X lue-ans thG location nlust Ilavc a spGGi.1l pc-llait, i.G., a public hGaril1g by tk P&.Z
and a SGcolid public IIGaril1g by City Coul1cil. TIIG kttc.r L nlG.1l1S e- v ide.ncG of a kasG flonl
thG PlOputy O~nGI is le-qtlilCd prior to issuancG of a buildil1g pClluit.
a. Towers intended for non-personal uses are not permitted in the Low Density R, MDR and
Conservation Future Land Use (FLU) categories. Tower locations in all other FLU
categories, regardless of height, will require a special permit, i.e., a public hearing by the
P&Z and a public hearing by City Council.
b. Towers intended for personal uses shall not exceed the height limit in its respective zoning
district, per Table V-I.
c. The height of the tower shall be measured from the crown of the nearest public road to the
top of the tower, whether a stand alone tower or attached to another structure. All towers
shall be designed to blend into the character of the adjacent parcels and be as unobtrusive as
possible. A graphic demonstration may be necessary in this regard.
d. Telecommunication towers shall not exceed 200 feet in height.
de. All towers existing on the effective date of this Code shall become legal nonconforming uses.
et. Temporary towers may be erected when associated with a Special Use Permit issued by the
City.
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Table XII-2
Telecommunication Towel Location
I~~~i~~ <:-9-5 7"tOO 7425 >-t5B 7T1-5 ;... 200 +
Ft Ft Ft Ft Ft Ft
fouttllG Lal.d Usc. Map
Public Senli-Public
Monopoks P P P P * *
Otl.c.[ S *b *b *b *b *b *b
Low Den!Sit:y Re!Sido
Monopoks P P P * * *
Otkl s no no no no no no
Medo Den!Sit:y Re!Sido
MOl,Opoks P P P * * *
OtllC,[ s no no no no no no
TTO . - 0 ...... o .
_n....~.uo
Monopoks P P P * * *
Ot!.C.l no no no no no no
Comnlel dal
Moltopoks P P P P P *
Othc.[ s P P * * * *
Reo eational
MOlIOpoks P P P P * *
Othc.[ s *b *b *b *b *b *b
Con!Sell ation AI!I iculttll al
MOlIOpoks * * * * * *
Othc.! S * * * * * *
Indu!StI ial
Monopoks P P P P P P
Otl.(,I S P P P P P P
rlaltltc.d Iltdust! ial
MOltoPoks P P P P P P
Otl.c.! S P P P P P P
Source. rlal.l1il1g & DC,vc.lOpltlC,ltt Dept., Jannal)! 1999
Tekcollll1lt1l.icatiol1 Towe!s shall not c.xccc.d 200 fc.a ilt 1.c.ig.I.t.
Rev. 11/01 (PoliciesProcedureslLandDevelopmenlCode) XII-3
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SECTION 21-142 - SITE DEVELOPMENT CRITERIA
21-142.01 - Lighting
Towers shall not be artificially lighted except as required by the Federal Aviation Administration.
21-142.02 - Painting
Towers not requiring FAA painting/marking shall have either a galvanized finish or painted a
non-contrasting blue, gray, or black finish.
21-142.03 - Construction
Towers shall be constructed to the EIAfTIA 222-E Standards, as amended from time to time, ASCE
7-95, "Minimum Design Load for Buildings and Structures," (Wind Loads Chapter), as published
by the American Society of Civil Engineers, and further defined by ASCE 7-88, Guide to the Use
ofthe Wind Load Provisions," both which may be amended from time to time; all City of Edgewater
constructionlbuilding codes; and signed and sealed by a Florida licensed Professional Engineer.
21-142.04 - Multiple Use
All telecommunication towers shall be designed to accommodate at least two (2) antennas.
21-142.05 - AdditionslImprovements
Any additions to existing towers shall require construction plans, signed and sealed by a Civil
Engineer which demonstrate compliance with the EITffIA 222 Standards in effect at the time of said
improvement or addition.
21-142.06 - Signage
No commercial signage or advertising shall be permitted on a communication tower. The use of any
portion of a tower or perimeter fence/wall for signs or advertising purposes, including company
name, banners, etc., shall be prohibited.
21-142.07 - Landscaping
New tower sites located on a paled desigliatcd as Public, LDR, MDR, RR 01 AG shall provide a
landscape plan which conforms to the following criteria:
a. Landscaping shall be installed outside the fences;
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b. Existing vegetation shall be used to the maxImum extent possible In meeting these
requirements;
c. Shade trees shall be planted around the outside of the fence sufficient height and density to
obscure the barbed wire around the top of the fence in two years.
d. Shrubbery shall be planted around the outside of the fence of sufficient height and density
to obscure the bottom four feet (4') of the fence within three (3) years.
e. All landscaping shall be drought tolerant (xeriscape) or be irrigated.
f. All landscaping shall be properly maintained to ensure good health and viability.
g. The prohibited vegetation described in Article V, Table~ J.f=T V -2 and V -6 shall not be used
for landscaping tower sites.
21-142.08 - Site
A monopole site shall be limited to 2500 square feet, no more than 500 square feet of which may
occupied by the equipment building.
21-142.09 - Liability
All towers shall be covered by liability insurance to cover any damage to adjacent property or
personal injury resulting from its operations. The City shall be held harmless in such cases.
21-142.10 - Lightning Protection
In order to protect adjacent structures from lightening strikes, all tower sites shall be grounded by
grounding rods and buried cable and shall provide a minimum 45 degree cone of protection from the
top of the tower to the ground.
21-142.11 - Fencing
All tower sites shall be surrounded by an eight foot (8') high chain link fence with a triple strand of
barbed wire and a locked access gate.
21-142.12 - Co-Location
All building permit applications shall include evidence that the applicant has made diligent, even if
unsuccessful efforts to co-locate its antenna on an existing structure within the applicant's design
search area. Such evidence may include, but is not limited to, at least two (2) other service
providers, and/or a notarized sworn statement from the applicant to the effect that diligent efforts
have been made in this regard.
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SECTION 21-143 - SPECIAL PERMIT PROCESS
21-143.01 - Intent
21-143.02 - Procedures
a. An applicant shall submit an a site plan application 011 fOllll5 dGvdopGd, and pGliodieally
alllGndcd, by tllG Plalll1il1g & DGvdoplllGllt De,partl1'1Gl1t (PDD), along Witll a fCG. to the
Planning Department with the appropriate review fee.
b. At a minimum, the application shall include:
1. Name, address, phone number and fax number of the applicant's company and
contact person.
2. The signature of the property owner, or written authorization for the applicant to
submit the application and a copy of the lease.
3. A legal description and boundary survey for the subject site and its latitude and
longitude.
4. The type and height of the tower.
5. A landscape plan where required.
6. FAA and/or FCC number as may be applicable.
7. An ownership of encumbrance report for the subiect property.
9-8. Other such information as deemed necessary.
c. The PBB staff shall prepare a written report analyzing the pertinent factors involved and the
criteria described in Section 21-143.02 and transmit the report to the applicant and the
Planning and Zoning Board (P&Z) no k55 than 5CvGn (7) da)'5 pliol to thG IIGalillg at wllidl
tllc application will bG Gon5idGlGd.
d. The P&Z will conduct a public hearing pursuant to the notice requirements for a Conditional
Use Permit described in Table IX-I.
e. At completion of the P&Z action, the application shall be scheduled for a City Council public
hearing pUl5uant to thc notice, ICqUire,111Cl1t5 fOl a ConditiOllal U5G PGIl11it il1 Table IX 1.
f. The staff report and recommendations, including the P&Z action and public hearing input
will be transmitted to the applicant and the City Council 110 k55 tllal! 5evGl! (7) daY5 pliOl to
tllG l!caIing at whidl tllC I1lattGI will bG G0115idGlCd.
g. A decision of the City Council regarding telecommunication towers may be appealed to a
court of competent jurisdiction.
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h. The decisions by the P&Z and the City Council shall be based on competent substantial
evidence pursuant to the requirements of Section 704 (a) iii of the Telecommunications Act
of 1996.
21-143.03 - Special Permit Criteria
The applicant shall be required to submit competent substantial information to allow the staff to
evaluate the following criteria in the preparation of their recommendations:
a. The location of the proposed tower to any other tower within two thousand feet (2,000').
b. Identify the attempts to utilize existing land uses within the applicant's search area to mitigate
visual impacts between the proposed tower and the adjacent land uses within the applicant's
search area.
c. The applicant shall demonstrate how the on-site location of the proposed tower maximizes
the use of site orientation in order to minimize adverse visual impacts to any adjacent land
uses.
d. The applicant shall submit information concerning proposed plans to mitigate impacts
associated with the proposed tower and adjacent land uses. Mitigation plans may include,
but are not limited to, the utilization of compatible support structures in relation to other
existing similar structures, the use of camouflaged communications facilities, and the use of
landscaping, screening walls, berms and streetscapes.
e. Such evidence may include, but is not limited to, photographs, videotape and a written visual
impact assessment which demonstrate how the proposed tower location minimizes adverse
impacts.
SECTION 21-144 - TOWER LOCATION INCENTIVES
21-144.01 - City Owned Property
The following incentives are offered for the location of antennas and/or towers:
a. An antenna may locate on any City-owned property upon execution of a lease without
complying with the process described in Table XII-l Sec. 21-141.02. The setback
restrictions in Table XII-2-1 shall apply, unless an antenna is located on a City water tower.
b. A proposed lease for use of City property shall be considered by the City Council at its next
a v ailablc l11Cctil1g aft'-I its subnlission by an appliGal1t.
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21-144.62 - FloIida rO~el &. Light (FPL) Right-of-'1,Vay
a. Antchhas ilia)' bc attacl.cd to ahy rrL tI ansIllissioll linc pole UpOh C v idchcc of a leasc
agIeenlent with rrL and appro v al of tllC cOhstltlctioll plans by thc City Duilding Official.
b. Monopole to ~elS may locatGd w itllih ally rrL tl ahsIllissioIl linc ligllt-of- w ay without Icgald
foOl the sctbaeb dcsclibGd ih Table XII-2 ih aecoldahce with Sec. 21 141.02 upon cvidcIICC
of a lea5C agleel1'lCht with rrL and apploval of tllC cOllstmctioll plans by tllc City Dtlildihg
Official.
c. Latticc and guyed tOWCIS sllall be plohibitcd ih rrL light of-way.
21-144.03~ - Other Public Property
For the purposes of this section, other public property shall mean any property owned by any public
agency or body, other than the City.
a. The applicant shall provide evidence that the respective public agency or body has agreed to
a lease.
b. An antenna may locate on other public property upon execution of a lease w itllOtlt cOl1lply illg
with process dcscribcd in Table XII-I.
c. The setback restrictions in Table XII-zl shall apply, unless an antenna is located on an
existing structure.
SECTION 21-145 - ANTENNAS ON BUILDINGS
Antennas not attached to towers shall conform to the following criteria:
a. Antennas may not extend more than twenty feet (20') above the highest point of a roof,
unless public safety demands clearly demonstrate otherwise.
b. Antennas and related equipment buildings will be located or screened to minimize the visual
impact of the antenna upon adjacent properties and will be of a material or color which
matches the exterior of the building or structure upon which it is situated.
c. No commercial advertising will be allowed on an antenna.
d. No signals, lights, illumination shall be permitted on an antenna or equipment building,
unless required by the Federal Communications Commission (FCC) or the Federal Aviation
Administration (FAA).
e. Any related unmanned equipment building shall not contain more than 750 square feet of
gross floor area, or be more than twelve feet (12') in height.
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f. If the equipment building is located on the roof of the building, the area of the equipment
building shall not occupy more than twenty-five percent (25%) of the roof area.
SECTION 21-146 - INSPECTIONS/CERTIFICATIONS
a. Tower owners/operators shall submit to the Inspection Division a certified statement from
a qualified, registered, Professional Engineer, licensed in the State of Florida, attesting to the
structural and electrical integrity of the tower on the following schedule:
1. monopole towers - every 5 years;
2. any other type towers - every 2 years.
b. Prior to receiving final inspection by the Edgewater Building Division, documented
certification shall be submitted to the FCC, with copy to the City Planning Dile,am Official,
certifying that the communication facility complies with all current FCC regulations for
non-ionizing electromagnetic radiation (NIER).
SECTION 21-147 - ABANDONMENT
a. In the event the use of any Tower has been discontinued for a period of one hundred eighty
(180) consecutive days, the tower shall be deemed to be abandoned.
b. Upon such abandonment, the owner/operator of the tower shall have an additional ninety (90)
days within which to either reactivate the use of the tower or transfer the tower to another
owner/ operator who makes actual use of the tower, or dismantle and remove the tower.
c. In order to ensure each abandoned tower is removed, a $10,000 dollar performance bond
shall be posted prior to issuance of a building permit.
d. The City may declare any abandoned telecommunication tower a nuisance per se and cause
its removal pursuant to the provisions of the City Code.
SECTION 21-148 - ARTICLE AMENDMENTS VARIANCES AND APPEALS
21-148.01 - Y.uiallce
No appliGation fOI ailY valiance, to allY re,quiIGl1Ic'ilt of Alticle, XIT shall bc acce,pte,d by thc City.
Applications for an appeal or variance shall be submitted in accordance to Article 1.
21-148.02 - PIocess
Tllc oill)' h1e,tllod for dlangillg ailY I cquile,rllcilt of AI ticlc XIT is by corllplctillg tk [ollllal LDC
alllcndhlcnt proccss dcsclibcd iil Alticlc 21-94, iilduding tile, plcscntatioll and coilsidclation of
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compGte,iIt substaiItial e,v idence as lequiled by SCCtiOiI 704 (a) iii of tIle Telec0l11l1lUiIieatioll Act of
t996:-
21-148.63 - Appeals
AllY dccision of tIle, City CounGil le,galdiiIg dlaiIge,s to the, Icquilellle,iIts of tIlis Al tide, ilIa)' be
appealed to a COUl t of COI1'lpete,nt jurisdictioll.
Sections 21-149 through 21-159 reserved for future use.
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