2001-O-76
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ORDINANCE NO. 2001-0-76
AN ORDINANCE OF THE CITY OF EDGEW A TER,
FLORIDA; AMENDING CHAPTER 21, THE LAND
DEVELOPMENT CODE BY MODIFYING ARTICLE XIII
(SUBDIVISIONS) AND ARTICLE XIV (HISTORIC
PRESERVATION), 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 XIII (Subdivisions) and Article XIV (Historic
Preservation) 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:
Stmek till ongh passages are deleted.
Underlined passages are added.
2001-0-76
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PART A.
AMEND CHAPTER 21 (LAND DEVELOPMENT CODE), BY
AMENDING ARTICLE XIII (SUBDIVISIONS) AND ARTICLE
XIV (HISTORIC PRESERVATION) OF THE CODE OF
ORDINANCES, CITY OF EDGEW ATER, FLORIDA.
Article XIII (Subdivisions) and Article XIV (Historic Preservation) 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are hereby superseded by this ordinance to the extent of such conflict.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 of this ordinance may be renumbered or relettered to accomplish
such intention; provided, however, that Parts B through F shall not be codified.
StI tick thlOtlgh passages are deleted.
Underlined passages are added.
2001-0-76
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PART E.
EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
PART F.
ADOPTION.
After Motion by Councilwoman Lichter and Second by Councilwoman Rhodes, the vote on
the first reading of this ordinance held on May 6, 2002, was as follows:
AYE NAY
Mayor Donald A. Schmidt X
Councilman James P. Brown X
Councilman Dennis A. Vincenzi X
Councilwoman Harriet E. Rhodes X
Councilwoman Judy Lichter X
After Motion by Councilwoman LichterandSecondby Councilwoman Rhodes
the vote on the second reading of this ordinance was as follows:
AYE
NAY
Mayor Donald A. Schmidt
x
Councilman James P. Brown
x
Councilman Dennis A. Vincenzi
Excused
Councilwoman Harriet E. Rhodes
x
Councilwoman Judy Lichter
x
Shuck through passages are deleted.
Underlined passages are added.
2001-0-76
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PASSED AND DULY ADOPTED this loth day of
ATTEST:
n any - ji-k�
Sunwi.- Yadsworth- Lisa Bloomer
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
Swckelnevgh passages are deleted.
Underlined passages are added.
2001-0-76
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLO
By:
Donald A. Schmidt
Mayor
�/C71�1� J1(1f�R�,L�IIsA<
Rotiin L. Matuarck
Legal Assistant
2002.
Approved by the City Council of the City of
Edgewater at a meeting held on this 20rh
day of May 2002 under
Agenda Item No. 6A
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ARTICLE XIII
SUBDIVISIONS
SECTION 21-160 - GENERAL PROVISIONS
21-160.01 - In General ............................................................................................... XID-l
21-160.02 - Minor Subdivision .................................................................................. XID- 2
SECTION 21-161 - COMPREHENSIVE PLAN CONSISTENCy................................ XID-3
SECTION 21-162 - PRE-APPLICATION PROCEDURES
21-162.01 - Pre-application Procedures ..................................................................... XID - 3
21-162.02 - Subdivision Sketch Plans ....................................................................... XID- 3
SECTION 21-163 - PRELIMINARY PLAT PROCEDURE
21-163.01 - Preliminary Plat Procedure ..................................................................... XID-4
21-163.02 - Exhibits .................................................................................................. XID-4
21-163.03 - Development Plan .................................................................................. XID- 5
21-163.04 - Review Comments ................................................................................. XID-6
21-163.05 - Planning and Zoning Board/City Council.............................................. XID-6
SECTION 21-164 - CONSTRUCTION PLANS
21-164.01 - Construction Plan Procedure .................................................................. XID-8
21-1 G4.02 Con~tl tlction rlatl S pccifk<rtion~ ........................................................... XIII-8
SECTION 21-165 - BONDS/SURETY DEVICES
21-165.01 - Bonds/Surety Devices ............................................................................ XID-9
SECTION 21-166 - FINAL DEVELOPMENT PLAN
21-166.01 - Final Development Plan ......................................................................... XID-9
SECTION 21-167 - FINAL PLAT PROCEDURE
21-167.01 - Final Plat Procedure ............................................................................. XID-to
21-167.02 - Planning and Zoning Board .................................................................. XID-ll
21-167.03 - City Council......................................................................................... XID -12
21-167.04 - Recording of Final Plat......................................................................... XID-12
21-167.05 - Final Plat Spccification~ Application ................................................... XID-12
Article XID
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SECTION 21-168 - REQUIRED IMPROVEMENTS FINAL PLAT REOUIREMENTS
21-168.01 - General ................................................................................................. XIll-14
21 168 .02 .MonnnKl1t~........................................................................................... Xill-15
21-168.03 - StIcCt~ ................................................................................................... XIll 15
21-168.04 - DIidgc~ .......... ........................................................................................ Xill-15
21 168.05 - Side, ~ alk~ ............................................................................................. Xill-16
21 168.06 St01111 ~ Mer MMlagcfilcht ..................................................................... Xill-16
21-168.07 - Uti1itic~ .. ............................................................................................... Xill-16
21 168.08 - RcgnlMoI:Y ~igfi~ ................................................................................... Xill-17
SECTION 21-169 - DESIGN STANDARDS
21-169.01 CencI al ................................................................................................. Xill-17
21-169.02 - Lot~ and Dloeb (most incorporated in Sec. 21-168.01 above) ............ XIll-18
21 169.03 Street De~igh StandMd~ (will move to Article V, Sec. 21-52.05) ........ XIll-18
21-169.04 - rnblk RceIeMion & apeh Space (will move to Art. V, Sec. 21-52.06)XIll-21
SECTION 21-17669- VARIANCES, EXCEPTIONS AND APPEALS
21-19669.01 - Variances .......................................................................................... XIll- 25
21-196 69.02 - Exceptions ....................................................................................... XIll- 26
21-19669.03 - Appeals ............................................................................................. XIll- 26
Article XIll
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ARTICLE XIII
SUBDIVISIONS
SECTION 21-160 - GENERAL PROVISIONS
These regulations are intended to aid in the coordination of land development in accordance with
orderly physical patterns; to discourage haphazard, premature, or scattered land development; to
encourage development of economically stable and healthful communities; to ensure proper
identification, monumentation and recording of real estate boundaries; to ensure to the purchaser of
land in the subdivision that adequate and necessary physical improvements oflasting quality will be
installed by the developer and ensure that citizens and taxpayers will not bear this cost; to provide
for safe and convenient traffic circulation; to provide an efficient, adequate and economic supply of
utilities and services to new land developments; to prevent periodic or seasonal flooding through
flood control measures and drainage facilities; to provide public open spaces in new land
development through the dedication or reservation of land for recreational, educational and other
public purposes; to help conserve and protect physical, economic and scenic resources; to promote
the public health, safety, comfort, convenience and general welfare; to serve as an instrument of
comprehensive plan implementation authorized by Chapter 163, Florida Statues.
21-160.01 - In General
a. The provisions of this chapter shall be in addition to the specific requirements of Florida
Statutes regarding the subdivision of land, and subsequent sale of subdivided land.
b. The provisions of this chapter are not intended to abrogate any easement, covenant, or other
private agreement, however, where the requirements of this chapter are more restrictive or
impose higher standards that the private agreement, the terms of this chapter shall control.
c. When an approved plat is recorded by the owner, all streets, right-of-ways, public lands,
easements and other facilities shall be deemed to have been dedicated to the parties noted on
the plat without further instrument or evidence being required. However, nothing herein
shall be construed as creating an obligation on the part of any governmental agency to
perform any construction or maintenance except where the obligation is voluntarily assumed.
d. All subdivisions shall be consistent with the policies expressed in the City of Edgewater
Comprehensive Plan and all other applicable ordinances and regulations.
e. Subdivision Plat Required. No real property shall be divided into three (3) or more lots for
the purpose of sale or other transfer of ownership, nor shall development plans be approved
or permits issued, without compliance with the requirements of this chapter.
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f. Exemptions. The following activities shall be exempt from~ the terms of this chapter,
unless otherwise noted:
1. The division of land in single ownership into parcels of not less than five (5) acres
each, where no new street right-of-ways are proposed or required, and each parcel has
a minimum frontage along an existing dedicated public road of no less than one-
hundred feet (100').
2. The combination or recombination of previously platted lots or portions of lots,
where the overall number of lots is not increased, and all of the resultant lots meet
or exceed the dimensional standards of this code.
:3-. (Moved to 21-160.02 below)
l:. The division of a parcel of land pursuant to court order or a cemetery lot or interest
therein.
An application for a Minor Subdivision shall include the following:
1. A letter from the property owner requesting the Minor Subdivision and explaining
the intended use of the lots.
2. One (1) current sealed survey of the existing parcel as laid out prior to the proposed
subdivision.
3. Three (3) sketch plans prepared by a professional licensed land surveyor showing the
proposed lots. including a legal description for each. area calculations. location and
size of water. sewer. flood zones and any wetlands areas.
4. A current Ownership and Encumbrance Title Report.
5. Any additional material deemed necessary by the Planning Department.
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Once the application is found to be complete and the fee paid, the TRC shall review and approve the
proposed Minor Subdivision. If approved, the appropriate documents shall be recorded bv the Clerk
of the Court at the applicants expense.
In order to accomplish these purposes, all land, buildings, streets, drainage and utility facilities shall
comply with the procedures and regulations established herein.
SECTION 21-161- COMPREHENSIVE PLAN CONSISTENCY
The intent of the this Section is to create reasonable design standards for subdivision development.
Although the provisions herein mostly apply to residential subdivisions, they are also generally
applicable to commercial and industrial subdivisions. The regulations contained herein are
consistent with the policies and requirements of Chapter 177, Florida Statutes.
The provisions of this Section are consistent with and implement to Comprehensive Plan policies
li~tcd bdow. contained in the
a. Future Land Use Element.. - 1.1,5.8 &. 5.11
b. Traffic Circulation Element.. '='""'5:Z
c. Housing Element.. 2.2 &. 2.3
d. Dlaina~c Dkn1cnt.. - 3.1 &. 3.2
c. Rcchal~c Dkmcnt Utility Element, =-Z:-t
f. Coastal Zonc Mana~cl1lcnt Element =-3:t and
g. Recreation and Open Space Element - 2.1, 2.2, G.l G & 7.2
SECTION 21-162 - PRE-APPLICATION PROCEDURES
21-162.01 - Pre-application Procedures
Before any land under the jurisdiction of the these subdivision regulations is to be subdivided, which
will require any new street, alley or public right-of-way to be created, or before any building, street,
drainage or utility construction in said subdivision is begtm constructed, plans shall be approved by
the Planning and Zoning Board and the City Council according to the procedures established herein.
Prior to the preparation of the preliminary plat, the ~tlbdi v idcI applicant shall ronfer attend a pre-
application meeting with the TRC to become familiar with the regulations affecting the land to be
subdivided.
21-162.02 - Subdivision Sketch Plans
The ~tlbdi v idcI applicant shall submit a sketch plan for the proposed overall development of the
subdivision. This procedure does not require f! formal application or fee. and The sketch plan shall
include the following:
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a. Drawings at an approximate scale showing tentative street layout, approximate rights-of-way
widths, general lot arrangements and total acreage.
b. Existing structures, streets, median cuts, waterways, wooded areas, landscape buffers,
floodplains, swamps or wetland areas, and stormwater management facilities.
c. Proposed land uses, density (dwelling units per acre), adiacent existing zoning and areas that
may be reserved for park, recreation, school sites or natural open space areas, phasing and
any other appropriate information to make a fair presentation of the proposed development.
The TRC shall review the sketch plan for conformity with the comprehensive plan and~ land
development regulations. Approval of the, Sketch plan iShall ihdicatc acceptance of tllC gcnoal
ovcrall dCvdoplllCnt iSchcme:. Thc TRC may IcqtlilC ftllthcl ehahgciS in thc iStlbdiviiSion a!S a lu;ult
of fmtkr iSttldy of daailcd information in thc pldimihillY plat.
The !Stlbdi v idel applicant or his agent shall attend the TRC meeting at which the sketch plan is to be
discussed to explain the proposed development.
SECTION 21-163 - PRELIMINARY PLAT PROCEDURE
21-163.01 - Preliminary Plat Procedure
Submission and approval or conditional approval of a preliminary plat and construction plans shall
be a prerequisite to the development of any subdivision, other than minor subdivisions as described
herein. The preliminary plat shall be submitted before the submittal of the final construction plans
and final plat. and The preliminary plat shall include the overall preliminary design for the entire
area that is proposed to be subdivided and/or developed.
a. Application for preliminary plat approval. The !Stlbdi v idel applicant shall submit to the
Planning Department the following:
1. A completed application form and appropriate fee.
2. Eight (8) black or blueline prints and one reproducible copy of the preliminary plat
and eight (8) copies of the required exhibits.
3. Two (2) statements describing the proposed use of the land signed by the !Stlbdi v ido
applicant or his agent and a draft of any protective covenants, conditions and
restrictions (CCRs) to be applied to the subdivision.
4. Two (2) surveys signed and sealed by a Florida Registered Surveyor.
Section 21-163.02 - Exhibits
The following exhibits shall be submitted to the Planning Department at the time of preliminary plat
application:
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a. An assessment of the ability of the proposed project to comply with the Concurrency
Management System requirements described in Article IX.
b. A general assessment of the natural resource characteristics of the site that identifies the
location of any historic or specimen trees.
c. A preliminary assessment of environmental or natural resources.
d. A statement regarding the proposed irrigation system for any common areas.
e. A soil report based on a minimum of one percolation test per ten (10) acres and one, or more,
eight foot (8') deep soil borings at a percolation test site.
f. Tabulations of total gross acreage in the project, acreage in classified wetlands and acreage
in flood hazard areas.
g. Any other items that may be identified and required in the pre-application conference or
subsequentlv bv the City.
Section 21-163.03 - Development Plan
A preliminary plat application shall ~ include a separate development plan that, at a minimum,
contains:
a. A vicinity map at maximum scale of one inch (1 ") equals four-hundred feet (400') showing
the relationship of the proposed subdivision to the surrounding area, zoning classifications
on adjoining properties, names of adjoining property owners and existing land uses.
b. Eaeh A subdivision 5hall be given a name by ~hich it 5hall be legally kno~n. Such a name
shall not be the same, or in any way similar to any name appearing on another recorded
Volusia County plat, except when the subdivision is subdivided as an additional unit, or
section, by the same developer or his successors in title. Every subdivision's name shall
have legible lettering of the same size and type, including such words as section, unit, replat,
etc.
c. The proposed lot lines, dimensions, lot and block numbers and setbacks.
d. The proposed street layout (including street names) with right of way widths and pavement
widths and estimated trip generation (traffic study) for any subdivision over 15 units.
e. A topographic map with one foot ill contour intervals.
f. A map showing location and acreage of areas in floodplain and areas to remain at natural
grade.
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g. A preliminary grading plan showing existing and proposed contours.
h. A preliminary drainage and surface water management plan.
1. The proposed sewer collection system-type, general location, elevation, size sanitary sewer
collection, lift station location and connection to existing City system.
J. The proposed potable water distribution system: line size, location, fire hydrants and
connection to the City system.
k. Thc plopo~cd !cdaimGd (indfo! filC plotcctioh \'Vatcllinc~ if othcr thah potable ~y~tcm, ~iz:c,
genual location, and location of hydUtltt~.
k. Common areas, including but not limited to, recreation areas, common open space, trails and
areas for identification signs.
1. A tree survey that locatc~ depicts and identifies all trees twelve inches (12 "), or greater, DBH
and identifies which trees witt are proposed to be removed.
m. The location and typical cross sections of sidewalks, bikepaths and trails.
o. A preliminary street lighting plan.
Section 21-163.04 - Review Comments
The Planning Department shall transmit one copy of the preliminary plat to the city engineer,
building official, police chief, fire chief, Florida Power and Light, Southern Bell Telephone, City
Attorney and other appropriate agencies. Each of these agencies shall review the preliminary plat
and submit written lcport~, \'Vhkh ~halI comment~ on factor~ relatihg to the plat, \'Vhkh kat UpOh
thc public interc~t.
Section 21-163.05 - Planning and Zoning Board/Citv Council
a. The Planning and Zoning Board shall review the preliminary plat, required exhibits,
development plan and the review comments to determine conformity with the comprehensive
plan and ~ the land development regulations. In additioh, pal tkulat attention ~hall be
~!~e~~~o thc allahgement~, location~ and \'Vidth of ~tl(,c,t~, their relation to the topoglaplfY of
thc lahd, ~oil GOndition~, \'Vatcr ~upply, ~(,wag(, di~po~al, dlainagc, lot ~iz:(,~ ahd their
allangcmcnt, and th(, prc~ent or futme development of adjoining lahd~.
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b. J'ttblic rteal iftg. The Planning and Zoning Board shall hold a public hearing on the
preliminary plat with due public notice. The ~nbdi v ide,l applicant or his dnly anth01izcd
rcpre,~Gl1tati ve agent shall attend the meeting of the Planning and Zoning Board to discuss
1m- the preliminary plat.
c. ZOlltng BOul d ActtO,l. Upon completion of its review and consideration at the Public
Hearing, the Planning and zZ;oning bBoard shall take recommend one of the following
actions at the Public Hearing:
1. Approval of the preliminary plat applO v al.
2. Conditional plat approval, subject to any necessary modifications which shall be
noted on the preliminary plat or attached to it in writing and ~igne,d by tile, Planhing
and Zoning Doa1d Chailmah forwarded to the City Council.
3. DiMpploval Denial of the preliminary plat. 01 any pOltion the,rGOf, ~tatihg the, Such
denial shall be accompanied by reasons for such action in tlVIiting and/or reference
to the specific articles which the preliminary plat does not comply. The ~nbdi v idel
applicant may reapply for preliminary plat approval in accordance with the provisions
of this article.
d. NotifiLatioll o:f" lictiun. The ,Ktioh of the, Planning and Zoning Doald ~hall be note,d on ttlVO
(2) copie~ of the prdiminc'tly plat, one copy of tlV hiGh ~hall be, lamned to the, ~nbdi v ido and
the other letaine,d by the, Planlling Depaltnle,nt.
Co Effid of appl ulJal. ApplO val of the, pldiminary plat: ~hall not bG eonMItled a~ atlthotity f'Ol
filing of the plat tlV ith the Ckrk of thG CirCtlit COUlt of Y oln~ia Connty, nOI M atlthotity f'Or
the ~ak of lot~ in rc.fucnce, thGreto, bnt ~hall be deGmed M e,xple,~~ion of apploval of the,
lcryont ~nbmitted M a gnide, to the prcpalation of the, fihal plat. PrdinlinalY approval, ~hall
expirG and be, of no fUlthel Gff'Cct ttlVd ve (12) month~ flom the, date of pldiminalY apploval
nnk~5 the time i~ e,xte,ndcd by the, Planning and Zoning Doald pliOl to the, GXpilations,
othGr tlV i~e the ~nbdi v idGr mn~t IGapply fm pldiminary plat: approval ih accordance tlV ith the
plO v i~ioh5 of thi~ ~cction.
d. The recommendation of the Planning and Zoning Board shall be presented to the City
Council for review and consideration at a public hearing.
e. Approval of the preliminary plat shall not be construed as authority for filing of the final plat.
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SECTION 21-164 - CONSTRUCTION PLANS
21-164.01 - Construction Plans Procedure
a. Preparation of construction plans. Following approval of the preliminary plat, the
subdi v idcr applicant shall submit construction plans and specifications for all proposed
subdivision improvements. These construction plans must be prepared in conformance with
the City's Land Development Code spcGificatioli and standards must be prepared by a
professional engineer registered in the State of Florida. TllC dGvdope,r, at Ilis own risk, nlay
SUbl11it constmGtiolI plans for rc v icw sil1mltanGOusly w itll thc prdinlillar)' plat application.
Thc City will not bc lcsponsibk for any costs inwl1cd if siglIificant changGs arG lequirGd by
Githcr thc TRC 01 thG rlalIlIing alId ZonilIg Doard.
b. Submission and review of construction plans. The subdi v idu applicant shall submit three
(3) ~ copies of pIints of the cOlllpktcd construction plans to the Planning Department for
review by the City Engineer and the Utilities Director. If the construction plans are
consistent with all standards and specifications, the City Engineer and Utilities Director shall
notify the Planning Department, in writing, of construction plan approval. If the construction
plans are not consistent with the approved preliminary plat or do not comply with all
standards, the Planning Department shall notify the subdi v idGr of applicant that the
construction plans are:
I. Conditionally approved: construction plan approval, subject to any necessary
modification which shall be indicated on the plans or attached to it in writing, or;
2. Disapploval Denied: of-the construction plans or any portiolI tllcrGof, ilIdicatilIg in
writing, shall be accompanied with a written statement outlining the reasons for such
disappr 0 v al denial.
21-164.62 - Consh ndiol1 Plan SpecificatioIls
PlalIs fOI tIlC lequired improvcnlcnts sllall be, applovcd by thc City DlIgilIcCI alId tllC Utilitics
DircGtor prior to cOlistIuctiolI alId only aftc.r applOval of tIlC prdilllilIary plat by tllc Planning alId
Zonillg Doald. SUGh ilI1plovcIllcnt plalIs sllall sllo~ thc Ploposcd locations, sizG, typc, grade alId
gUlclal desiglI fcaturcs of Gach facility, and shall bc uscd (bascd) upon rdiable fidd data.
<\. lillp/ 0 vel/kilt LOIl.)!/ adioH dl u ~vi'lgJ. Tllrcc (J) blucpl int dl <\w ilIgs shall bG submittcd to the
Planning DGpal tl11cn1. sllall bG IcfGlcnccd to tllC n<\111(, and ulIit nmllbcl of tI.c plOposcd
subdi v ision. shall show thc datG prGpalGd, dcvations based on tllG IllGan SGa level datmll, arid
shall 51 lOW thc f'Ollo wing iliformatioll.
I. StreGt pi ofiks. Thc plan alId pi ofik of each plOposcd stIeet CGntcr lilIG w itll tGntati vC
filIisll gr adcs ilIdicatcd.
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2. Sheet cross section. A ClOSS section of cadi proposed sheet sho~ing the ~idth of
paveIlleiIt, tile location and ~idth of side\"valh, ~hele lequiled, al1d ligllts-of-\"vay.
J. \Vatel supplies, se \"v el sand StOl III ~ atei dl ainage. Tl.c plans aiId plofiles of pI oposcd
~atel distlibution Systenls, 5al1italY se\"velS and stolnl~atellnanageIllent systelfls \"v ith
grades and sizes il1dicated.
SECTION 21-165 - BONDS/SURETY DEVICES
21-165.01 - Bonds/Surety Devices
Approval of the construction plans and preliminary plat is authorization for issuance of a
development order to proceed with installation of any improvements required and authorization to
proceed with the preparation of the final plat or unit division thereof, subject to the posting of a bond
or surety device as follows:
a. Performance bond. If the applicant desires to plat the proposed subdivision P Qrior to the
installation of improvements, surety in the form of a performance bond, letter of credit. trust,
deed or escrow agreement approved by the City Attorney and tile City Council shall be
delivered to the City and filed with the Clerk of the Circuit Court of V olusia County. Such
surety shall COvel at least be one hundred ten percent (110%) of the cost of all required
improvements, such as streets, utilities and drainage, including landfill, with estimates
provided by the subdi v idCl applicant and approved by the City Engineel Manager and the
Utilities Director. The surety shall be conditioned upon the faithful performance by the
subdi v idcl applicant of all work required to complete all improvements in the subdivision
or unit division thereof, in compliance with these regulations and shall be payable to and for
the indemnification of the City of Edgewater. Cash or a certified or cashiers check may be
deposited as security for performance of the bond. Once the work is completed and apploved
by, certified by the regulatory agencies and accepted by the City Engineer and the Utilities
Director, the performance bond instrument may shall be released to the developer.
b. Maintenance bond. A maintenance bond in the amount often percent (10%) of the total cost
of all required street, utility and drainage improvements shall be posted as a condition to final
plat approval by the City Council. Such maintenance bond will be returned to the subdi v idel
applicant at the end of two (2) years from the date of final inspection and approval of the
required improvements by the City and acceptance by the City Council.
SECTION 21-166 - FINAL DEVELOPMENT PLAN
21-166.01 - Final Development Plan
An application for final Development Plan shall be submitted to the Planning Department with the
appropriate fee and shall include seven (7) sets of plans containing the information described below.
Two (2) sets of signed and sealed engineering plans and specifications as well as two (2) surveys,
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signed and sealed by a Florida Registered Surveyor, shall accompany the application.
a. A final Grading and Drainage Plan showing existing and proposed contours at one foot
intervals and cut and full calculations for the entire subdivision.
b. A Landscaping and Tree Protection Plan, including landscaping and irrigation plans for all
common areas; the type, location and size of any fences, walls, and subdivision signs;
specimen tree locations and protection measures; vegetation preservation areas and required
buffer areas; and a Street Tree Plan.
c. A Natural Resource Protection Plan, including conservation easements, areas subject to fill
limitations and minimum road and building elevations.
d. A Phasing Plan, if any, showing phase boundaries on all drawings.
e. A Potable Water and Reuse Water Plan showing the line locations, sizes, elevations, fire
hydrants, and material specifications.
f. A Sanitary Sewer Plan showing location, elevations, size, lift station locations, service
laterals and specifications.
g. A Final Street Layout Plan showing street locations by type and profile elevations,
ownership, maintenance provisions for any plantings in right-of-way, approved street names,
and construction details.
h. A Street Lighting Plan showing location and type of fixtures and poles.
1. A Stormwater Management Plan showing retention/detention areas and stormwater
calculations. Ownership, access, and maintenance provisions, drainage facilities off-site and
connection to positive outfall system and material specifications.
1. Mandatory Homeowners Association convents, conditions and restrictions.
k. A public recreation/open space conveyance plan and/or required fees.
SECTION 21-167 - FINAL PLAT PROCEDURE
21-167.01 - Final Plat Procedure
a. Lots shall not be sold or streets accepted for maintenance by the City, nor shall any permit
be issued by the Building Official for construction of any building within such any
subdivisions unless and until the final plat has been approved by the Planning and Zoning
Board and the City Council and duly recorded by the Clerk of the Circuit Court of V olusia
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County. The final plat shall conform substantially to the preliminary plat and shall
incorporate all modifications and revisions specified in the approval of the preliminary plat.
b. Application for final plat approval. After preliminary plat approval, installation of all
required improvements,,- and posting of a mrety maintenance bond, and payment of the
appropriate application and advertising: fees the 5ubdi v idcl applicant shall submit to the
Planning Department the following:
1. A letter requesting review and approval of the final plat.
2. The original mylar tracing of the final plat and two (2) reproducible mylar copies.
3. Five (5) printed copies of the final plat with signed certification and other documents
as specified herein, and as required for recording by the Clerk of the Circuit Court of
V olusia County.
4. An applicatiolI ke paid to the City CIGlk of t~o peleclIt (2%) 011 the fil5t fifty-
thou5alId dollal5 ($50,000) of tIle 1 Cquil cd ihlpto v Chlcnt5 f'Ol that pal t of tIIC
5ubdi v i5iOlI [01 ~ hieh final appto v al i5 50ught, and one pClccht (1 %) of the, lIext fifty
thou5and dollal5 ($50,000), and one half of one pel cent of the, ICluaindcl a5
dctclInilIe,d by the 5ubdi v idel alId applO vcd by the. City lJllgillCGl to dd1 ay thc
e.XpCII5e. of ilI ve5tigating and actilIg upon the fllIal plat.
21-167.02 - Planning and Zoning Board
ba. Before acting on the final plat, the Planning and Zoning Board shall receive a written staff
report [10111 tIle City lJnginccl certifying compliance with 01 lIoting deviatiol15 f101u the
approved preliminary plat and the Icquil(,!11cnt5 of the5C land development regulations. If
substantial errors are found in the accuracy of the final plat, the 5ubdi v idcl applicant shall
be responsible for corrections in the surveyor the final plat. Anv deviations from the
preliminary plat shall be noted in the written staff report.
<tb. The Planning and Zoning Board shall review and takc flnal action on make a
recommendation (approve, deny or approve with conditions) concerning the final plat at a
public hearing. w ithih [01 ty-fi ve. (45) day5 aftGl tIle. plat i5 5ubluitte.d to tIIC Planning
De.paltll1e.l1t. Pailule of the rlaI1Ilin,g, and Zonil1,g, Doald to take 5udl actioll will eOl15titutc
automatic apploval of thc filIal plat.
c. If thc filIal plat I11c.ct5 aliI e,quilChlCht5 of tIle,5C lcgulation5 and GOl11plie,5 with t!.G applO ved
pldiluihalY plat, thc PlalIl.ing alId Zoning Doald 5halllCCOll1lllClld applovaI ofthc final plat
to thc City Council.
d. If tIle filIal plat i5 di5applo v cd by the, Plal1l1ing alId ZonilIg Doal d, the, I CMOII fOl 5ueh aGtiol15
511all be, 5pceificd in wIitilIg. One GOpy of 5ue,h le,a50n5 5hall be, lctailIe,d by thc Plal1Iling
DCpaItltlGlIt and the Othe.l tlalI51I1ittcd to tIIC 5ubdi v idol. Tllc 5ubdi v idcl may nlake the
ICCOm111e,l1dcd ehange5 and le5ubluit tIIC filIal plat to the Planning and ZOlIing Doald.
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21-167.03 - City Council
a. If the final plat meets all the requirements of these the land development regulations and
complies with the approved preliminary plat, the City Council shall review and approve the
final plat, and indicate its approval on eadl Wpy by signature of the Mayor on the mylar copy
of the plat to be recorded.
b. If the final plat is di5appro ved denied by the City Council, the reasons for disapproval denial
shall be stated in writing. A copy of such reasons shall be sent to the Planning Department
and to the subdi v ider applicant. The subdi v ider applicant may make the necessary changes
and resubmit the final plat to the City Council for review and reconsideration.
21-167.04 - Recording of Final Plat
Upon approval of the final plat by the City Council, the original mylar tracing of the final plat shall
be submitted to the City for recordeding with the Clerk of the Circuit Court of V olusia County--:md
by tile City.
The final plat shall be recorded prior to the sale of any lot within the subdivision. Bp-cm After
recording, a copy of any private covenants or deed restrictions shall be provided to the Planning
Department. One reproducible copy of the final plat shall be retained by the Clerk and one blueprint
with the map book and page number shall be provided to the Planning Department. All recording
fees shall be reimbursed to the City by the applicant.
21-167.05 - Final Plat Spedficatioll~Application
The final plat shall be drawn clearly and legibly at a scale of at least one inch equals fifty feet (50').
If more than one sheet is required, an index map relating each sheet to the entire subdivision shall
be shown on the first sheet. The final plat shall comply with the requirements of Chapter 177 Florida
Statutes, and contain the following:
a. Name of subdivision,
b. Name and address of 5ubdi v ider all owners along with appropriate dedication blocks for each
owner.
c. North point, graphic scale and date.
d. Vicinity map showing location and acreage of the subdivision.
e. Exact boundary line of the tract determined by field survey, giving distances to the nearest
one-hundredth foot and angles to the nearest minute, shall be balanced and closed with an
apparent error of closure not to exceed one in five thousand (5,000).
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f. Legal description of the-trnct platted property.
g. Nan.G5 of OWiIU5 of adjoiiIilIg land wid. tl.di apploxiluatG C1GIGagG. Contiguous properties
shall be identified bv subdivision title, plat book and page, or, if unplatted, land shall be so
designated.
h. Locations of streams, lakes, swamps and land subject to flooding.
1. Bearing and distance to permanent points on the nearest existing street lines or bench marks
or other permanent monuments (not less than three (3) shall be accurately described on the
plat).
J. Municipal and county lines shall be accurately tied to the lines ofthe subdivision by distance
and angles when such lines transverse (traverse) or are reasonably close to the subdivision.
k. The closest land lot comer shall be accurately tied to the lines of the subdivision by distance
and angles.
I. Location, dimensions and purposes of any land reserved or dedicated for public use.
m. Exact locations, widths and names of all streets and alleys within and immediately adjoining
the new subdivision.
n. Street right-of-way lines showing angles of deflection, angles of intersection, radii and lines
of tangents.
o. Lot lines shall be shown with dimensions to the nearest one-hundredth foot and bearings.
p. Lots shall be numbered in numerical order and blocks lettered alphabetically.
q. Accurate location and description of monuments and markers shall be described on the plat.
r. Minimum building front yard setback lines.
s. References to recorded subdivision plats adjoining platted land shall be shown by record
name, plat book and page number.
t. Appropriate notes detailing covenants and restrictions.
u. Joinder and Consent to dedication by all mortgage holders.
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SECTION 21-168 - REQUIRED IMPRO"lEMENTS FINAL PLAT REQUIREMENTS
21-168.01 - General
a. All required improvements shall be provided by the subdi v idu applicant at Iris the
applicant's expense. All plans and specifications for the required improvements shall be
designed by a registered professional engineer and approved by the City Engine':I prior to
construction.
b. The City EngihccI shall receive notice in adequate time to arrange for inspection of the
improvements prior to beginning of construction and at approximate staged intervals
thereafter. The City Ehginc,GI may require laboratory or field tests at the expense of the
developer when appropriate. Any failure of work or materials to conform to the plans and
specifications or failure to notify the City in time for indicated inspections may be cause for
the City Council to reject the facilities.
b:-c. T'u IIla-Hellt COttt, of poi,tis. Permanent control points shall be set along the street right-of-way
or block lines at the PC's, pr's, PRC's, PCC's. and other changes in direction, excluding
those points located by PRM's.
e:-d. Cw b.l atlJ Guttt!-I s. A system of curbs and gutters shall be installed by the subdi v idu
applicant, unless it applicant can be demonstrated that the provisions of curbs and gutters at
the proposed site is are inconsistent with the best stormwater management practices. The
width of curb and gutter shall be a minimum of twenty-four inches (24") and shall be either
FDOT type or Miami Curb and Gutter, depending on flow to be handled. There shall be
stabilized sub grade beneath all curbs and one foot (I ') beyond the back of curb.
ae. Lvt si...r:;. The lot size, width, depth, shape and orientation, and the minimum building
setback lines shall be appropriate for the location of the subdivision and for the type of
development and use contemplated. Lot dimensions shall not be less than the minimum
standards established in the zoning ordinance. Lots in residential districts which abut arterial
streets shall have a minimum depth of one hundred fifty feet (150') with a building setback
line established at a minimum distance of seventy-five feet (75') from the arterial street right-
of-way line unless marginal access streets are provided. Width and area of lots laid out for
industrial and commercial purposes shall be adequate to provide off-street parking, loading
and service facilities.
bf Acct!-.ls. Each lot shall abut on a public or approved private street for a distance of at least
forty feet (40'). The subdivision shall be so designed that remnants and landlocked areas
shall not be created.
cg. Lot fillr:;.l. Side lot lines shall be, as nearly as practical, at right curves to straight street lines
and radial to curved street lines. No lot shall be divided by a municipal boundary.
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dh. Doable fi ontuge lotJ. Double frontage and through lots shall be avoided except where
essential to provide separation of residential development from traffic arteries or to overcome
specific disadvantages of topography and orientation.
eh Blod lenl5ths. Block lengths shall not exceed fourteen hundred feet (1,400') or be less than
three hundred feet (300').
21-168.02 - MOllnlllent~
a. rt:.llltaltent I efEI enLe IHullallle,ds. relhlaltent ldelenee !lhall be place M lequiled by CI.aptcI
177, Hotida Statue!l, as amended. Monun.eltt!l !lhall be !let in tI.e g.ound !l0 that the tip i!l
f1u!ll.ol ItO luOle thalt olte foot below the fini!ll. grade.
b. I'el IHune,d Cullt/ ul p,);nt:J. rUluanent COhtl 01 point!l !lhall be !let alOl.g the !\tleet light-of way
01 block line!l at the rC'!I, PT'!I, PRC'!I, rcc'!I. and othel el.ange!l in dilectiol1, excluding
tI.o!le poiltt!l located by PRM'!I. (Moved to 21-168.01 c.)
21-168.03 - Sheet~ (AlJu JEe SEctiull 2]-169.0] - St/Eet DeJil51l Stant!,aJJs)
TI.c following lequilen.Cl1t!l !lhall apply to all !ltreet!l witl.ih the !lubdivi!liolt.
a. G'uJinl5' All !ltrect!l !lhall be ckaled, gltlbed and gladed at tI.cil full tight of-way width.
PDOT !ltaltdald !lpecification!l [01 load and bridge eolt!ltruetiol. include!l tI.at tlee leluoval
pelhlit!l !ll.all be lequiled ahd all debli!l !l1.all be leluO ved by tl.e developel anel COn!ltl uction.
b. I'uvi/tl5' Road bMe and paving !l1.all be in!ltalkd in accoldaltce witl. tI.e !lpecificatiOl.!I and
!ltal.daId!l of Section 21-IG9.OJ.
c. Cal bs ulld G atte/ J. A!ly !lteIl. of CUI bs and gutter !I !l1.all be in!ltalkd by the !lubdi v idel, unk!l!l
it call be demon!ltlated tl.at the plovi!lioh!l of emb!l and guttel!l at the plopo!led !lite i!l
iltcon!li!ltcltt with the be!lt !ltOllll w ate I l11anagelueht pI aetices. TI.e w idtl. of cm b ahd guttel
shall be a minilllull. of twenty-fom ind.e!l (24") and !l1.all be eitl.el PDOT type 01 Miami
Cmb ahd Guttel, depending on flow to be I.andkd. TI.cIC !l1.all bc !ltabiliLed subgladc
bclteatl. all em b!l altd olte foot (I') beyond the back of CUI b. (Moved to 21-168.0 I d.)
21-168.04 - BIidges
If a !ltreet within a tl.oiOughfale COlI idol lequile!l a blidge, additionalligl.t of-way will be lequilCd
to aCCOlun.odatc the width of the neee!l!lalY bridge dC!lign featmc!I, includiltg, without limitatiol.,
gladc, fiII, !llope!l and dlainage lcquilen.ent!l. Dridge!l !l1.all bc de!ligl1cd by a legi!lteled Plofe!l!liol1al
UnginecI.
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21-168.05 - Sidenalks
A systenl of sidewalks shall bG provided by tIIG stlbdividGI to plovidG f'Or safG nlOvGI11Gnt of
pedestliahs sGparatdy foml motor vGhidG traffic SidGwalks shall bG plOvided witIlin t!.G dGdiGatcd
rigllt-of way along both side.s of all artGrial stlGGts, at kast OhG sidG of all nlihor and collector stlGets
and alOllg all streets w hGIG adjaCGht lahd is WhGd andJor othGr ~ iSG dGsighGd to bc tlSGd fOI 1I1tlltiple
fal11ily dwdling ptlr pOSGs. As an altGIIHl:ti vG, in IGsidcntial alGas, sidG~alks nlay bG plOv idGd w itllin
IGal lot GaSGmGhts 01 GOI111110h opGn spaCG alGas. SidG~alks sllalll11cGt thG mihin1tll11 standalds of
SCCtiOll 21 52.04.
21-168.06 - StOI lll'n atel Managenlent
21-168.07 - Utilities
Utility lihGS of all kihds, indtldihg btlt not lil11itGd to thoSG offlallellisGd tltilitiC-s, dectliG powGr ahd
light, tGlephonG, Gable tdGvisioh, ~atGl, wastG~atGI ahd gas sllall be COhStltlGtGd and iiIstalled
benuttIl the smfaee of thG glotlnd within nGW IGsidGntial stlbdi v isiohS, tlhleSS it is dGtcrliIihGd by t!.G
City DnginGGl that soil, topoglaphiC-al 01 otllGr compdling eonditiohS 111ake tile ihstallatiOll of such
linG il11pl actical.
WastGWatGl, potable and ledaiillGd watGr SYStc.nlS sllall bG dGsignGd by a rGgistGred rlOfGssional
Dhginecl ahd ihstalled by thG stlbdividGl and apprOved by tile. City DhgineGl. Tile. stlbdividGl shall
sGGtlrG tIle. hGce.ssary PGunits fOl the installation of watGl and waste.wate.llihe.S and faGilitie.s frOl11 the.
IcgtllatolY agc.nGie.s WitIl jtlrisdietion.
a. WastGwate.l.
1. CUH/tt!d;oll tu exi.ltil!o Sy.Hdll. If the. public sallitalY waste.~ate.j Syste.I11 is loe.ated
w itIlin a IGasohable distahce. of the. propose.d subdi v ision as dGtell11il1e.d by tIle
Dh v ilonr11e.ntal Se.lv ice.s DileGtor, the. subdi v ide.l sllall ihstall tIle. hGCGSSaly OIl-site.
and off-site. il11plO v GllIe.nts to COhhCGt tIle. stlbdi v ision to e.ach lot e.xte.hdGd to t!.G lot
tine:-
~~ 'I 1 . d f 'I" d' d
n 1(,re. tie. waste.wate.r 1I1lplOve.mchts ah aGlltlGS ale. e.slgne. to SGl ve. a glUtte.1
ale.a than the. pr opose.d stlbdi v isioh, thc City ilIay pal ticipate. iiI the. cost of Stlell
iluplove.nle.nts as de.tGIl11illl:d by the. City CounGil.
2. Inuckaoe t, eat/lIent pllillt. If the. plOpoSGd stlbdi v isioiI is iIOt locate.d w itIliiI a
r Gasonabk distancG of the. ptlblic waste w ate I sy stGnl, thG subdi v idGI sllall constl tlct
Rev. 5/02 (PoliciesProcedures/LandDevelopmentCode) XIII-l 6
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a packagc trcatltlent plant OIH;itG, mceting all thc lequilC111Gl1ts of tllc regulatolY
agcncics ~ ith jurisdiction.
J. Cupp~d J~ vve! J. If the. sizc, dcnsity and ellarae.tGI of the. propose.d subdi v isionlllakcs
thc e.oltstitlction altd ope.lation of tile package treat111cnt plant impractical, tile
subdi v idcI sllall pr 0 v ide. iltdi v idual septic taltk S} stems and shall iIlstall tile necessal y
~Mtc~atGI collcctiolt systems ~hiell shall bc cappcd ulttil SUell tinlc as connection
to tllC public ~astc~atGI SYStClll becolucs available.
b. Wute! Supply. Tllc subdividGI shall iltstall 01 havc installcd a systcm of ~atel l1lailts and
connect to titG public l'9atcI supply fOI dOILICStic ~atGI usc and filc protcetion. Pire hydrants
5hall bc in5talled at thc 5ubdividel5 expen5e at loc<l:tiolts to bc dctGImilted by tllc Pile
Dcpar t1LlCnt. Tile ilt5tall<l:tiolt of such 111ain5 and eOl1ltcctiolt to eaell lot shall be installed
propel to tile paving of strect5. If rcclaimed l'9atcI is available, eOltltectiol1 5hall be lequilcd.
C. Pilc IIydlaltt5 5hall bc plovided <l:t inteIval5 deteIILIilted by tlte cltvironmcl1tal Selvices
Dilectol and Pile Cllie[. lit lalgc 01 high 11azald dCvclopnleltt5 sparing altd 11lailt SiZC5 shall
be detGImiltcd <l:ftel computiltg tile required flo~. Pile ~cl15 ilIa} be pGIrltitted pro v ide.d they
have a 5epalate powel 50Ulce, havc sufficicnt capacity to SGI vC dCvc10pnlcltt altd luCct tile filC
flo ~ r cquil e111Cltt5 and al c applo v cd by tl1(, Pil e Cllicf.
d. Sl! ~d Ljt;hl:ttg. TIte subdi vider 5h<l:ll eausc 5tlcetligllts to be in5talled at locatiolt5 approvcd
by tile City altd aeccptable to tile utility company, 1'911ich 11a5 lespolt5ibility fOI luaintenancc.
21-168.08 - Sb eet name signs, palenl(~nt lllal kings and I egulatol) signs
Requiled siglts 5hall bc in plae.e priol to acccptaltee. All sigltiltg and paveluent malking5 shall bc
in accordaltcc ~ itll "USDOT Manual Olt Unifol111 Traffic Control Dc v ice5". Street nalue signs 5hall
be a mininlum of six iltehe5 (G") ilt height ~ itll lettels fom inelles (4") inlleigllt. At cro55-sectiolt
intel5ectiolt5, t~o (2) stleet 5ignp05ts 511<1:11 be located diagonally aCl055 the ilttel5ection fronl eaell
otllel. Oitly one street 5ignp05t shall be lequired at T -street ilttclscctions. TlliIty inch (JD") "STar"
5iglt5 5hall be lequiled at each 5tieGt ilttelsectiolt unle55 otllCl ~ i5C apploved by tIle TRC.
SECTION 21-169 - DESIGN STANDARDS
21-169.01 - Genelal
All lands included ~ ithin tile subdi v i5iolt shall be suitable fOI valiou5 pm p05es proposed ilt the
lequest fOI 5ubdi vision applova!. Pm thel, no 5ubdi v i5iorl plan shall be appro ved unle55 tile City
find5 tile 5ubdi v i5ioll can be sel ved ~ itll public facilities altd 5el" ice5.
a. Cullfulth:ty vl/jllt LUmp, ehdlJjve plUff. Tile 5ubdi v idiltg5 and dCvclopltlCllt of allY alcas
5ubject to these Icgulatiolt5 sllall bc in conf"OIIuity ~ itll tllc gelteu\1 goals altd objecti ves of
the city 1'9 itll lespect to the officially adopted conlplehelt5i ve plait, existing lOning
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requirements, ilIdudihg all al11endIllwts thereto, polides and plans establislled b} the dty
witll respeet to watGr supply, waste disposal and other essential utilities.
21-169.02 - Lots and Blocks (most of below incorporated in Section 21-168.01)
Lots and bloeh shall be designed according to acceptable practice for the t}pe of devdopmelit and
use cOlitel11plated, ilI keepilIg with the topogr aphy and other site cOlIditions and to pr 0 v ide adequate
traffic and utility access and circulation, appropriate use of space, (and to) pro v ide pr i vaey, adequate
drailiage alId protcGtioli of property.
a. Lv! Ji<..e. The lot size, ~idtll, depth, sllape and oricntation, and tIle rliinil11tll11 buiIdihg
setbaGk lilIes shall be. appropriate- for the location of the subdivision and for tile type of
devdopr!leht alid use eOhtenlplatcd. Lot dinlelisions sllalllIot be less tllah tile mininlulIl
standar ds established in tile zonilIg or dinahcG. Lvts in r esidehtial distr icts ~ Ilich abut ar ter ial
stleets sllall have a milIirllmll deptll of one hUlIdrcd fift} fGet (150') with a buildihg setback
line established at a Illihirllmu distance of seventy-fi ve f-eet (75') from the arterial street
I igllt-of wa} line UlIleSS Illar ginal aeeeM srr eets ar cpr 0 v ide-d. \Vidth and al ea of lots laid out
for industrial and cor!1ll1erdal pur poses shall be adequate to plO v ide off stlcet parkihg,
10adilIg and ser vice facilities. (Moved to 21-168.01 e.)
b. ACt.-eJJ. Dadl lot shall abut on a public or approved private street fvr a distalice of at least
f'Orty feet (40'). TIle subdivision sllall bG so designed that remnants and landloeked arGas
shall not bG created. (Moved to 21-168.01 f.)
c. Lvt tiM-J. Side lot lihes shall be, as liutdy as praetical, at rigllt cm ves to straigllt strect lihes
and radial tv wived street lirles. Nv lot sllall be dividcd by a municipal bouIldary. (Moved
to 21-168.01 g.)
d. DOublt fi vntuge lotJ. Doubk frontage alId through lots sllall be avoidcd except wllerc
esselItial to pro v ide separation of residential dcvdoprllGnt flom tr afflc ar tGrics or to ovcrcome
specific disadvantages o[topography arid oricntatiorl. (Moved to 21-168.01 h.)
e. Blot.-k IwgtltJ. DIock lcngtlls sllall 1I0t exee.ed four tee.1I Ilundred feet (1,400') or be. kss tluul
tllre.e Iluhdred feet (JOO'). (Moved to 21-168.01 i.)
Section 21-169.03 - Street Design Standards (Remainder of this Section will be moved to Article
V, 21-52.05)
a.
Tile alrangerl1Gl1t, dlaraeter, extent, w idtll, grade and location of all !!9!streets and impro ved
streets shall eonfvrlll to the advpte-d corllprehehsi vG plali now in existence, or ~s may
hereafter be adopted, alid sllall be cOhsidered ih tlldr rdatioh to existihg and plalIlied streets,
to topographical conditiohs, tv public convenicncG and safety, and ih tlldr appropriate
rdation to the plOposed uses of tile lahd to be scr vcd by such stIeets.
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V/hGle sudl is not sllown in tile GOlllprdlensi ve plaiI now iiI existenGe
01 as nla} lleleaftel be adopted, tIle alIangGl11.ent of sheets in a
subdi v ision shall GithGl.
b. All !If:.!t Stl eets to be established ~ ithin a subdi v isioh shall meet tile folIo ~ iiIg lllinilllunl
desigiI standalds.
1. Local .5l1 ~d.5. Local str eets sllall be laid out so tilat use by thlOugll tl affic. ~ ill be
diseotlI aged.
2. StlbJ;oviJiu/l.5 ull atlel iul Jl, eel,}. \Yhel e a subdi v isioll abuts 01 GOiItains an existiiIg
01 pi oposed al teIial sheet, tile subdi v idel sllall pro v ide 1I1algiiIal access sheet, levGl se
frolItage lots ~ ith plantiiIg SeleGll GOiItained iiI a hOiI-access lescI v ation along tIle lear
property liiIes or such othel hcatmeht as nla} be lleeessalY fOI adequate protection
of lesidential plOpGl tics and to affold separatiolI of tiuough aiId local traffic.
J. ,T,ttel Jt:;ctiUH ck,}igH.5. Sheets sllall be laid out aligned to intelsect as IIGaIl} as
possible at Iigllt angles, alId no sheet shall iiItelseet at less tilan sixty (GO) deglees.
Sheet jogs at iiItGlseGtiolls ~ ith GcnteIliiIe off~cts of less tllan one htlIldled fifty fGet
(150') shall be prollibited. Multiple intelsections in vol v ing tIle jtlIlettlIe of mOIG than
t~o (2) sheets shall be prohibited. A llliniiIlUln sigllt distaiIGe of two hUlldled feet
(200') fl 0111 aiI y iiItel SGCtiOlI shall be lllaiiItaihed OiI inter seeting Stl eets, 110 ~ e v Gr, tllis
requilemeiIt sllall not be GontiiIued as requiring an ilIClea5e in the minilllunl
allo~able ihteIsectioh sepauttion of one Iltllldled fifty feet (150').
4. Proposed stleets shall be designed to prov ide aecess to adjoining uiI5ubdi v ided tlacts
at logicallocatio115 f'Or future subdi v isioh.
5. A 111ihinlunl of t~o pOiiIts of access sllall be Plovided into cadi subdivision of
twehty fi ve (25) lots 01 mOle. Vlllele adjoinillg Gxisting de vdopmel1t and Gode
requiIGllle.nt5 pleelude tile devclopnlent of two public street aCGess points, ':111
ul10bstlUeted dri v cable access way lUay be substitutcd.
G. Right-of-way line iiIte.lseetioiIs shall be. 10uiIded ~ith a IllilIilllUlI! radius of twenty-
f1 ve fee.t (25'). A glcatel I adius Il1ay be lequiled on collcGtor or ar teIialloads, or
w llel e. lOad COlIstlUetion details I equil e.
7. Mi'limum Jl1 eel d-eJig/l ,}flel4iGulio/l,}. All streets to be establislled iiI a subdi vision
shall be gI<ldcd to their fulllequiled Iigllt of-~ay width aiId dcsigned iiI accoldallce
~ itll the follow ing lllinil11.Um speGificatiolIs.
Rev. 5/02 (PoliciesProcedures/LandDevelopmentCode) XIll-19
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CollectO!. 120 ft. - 4 lanc
60 ft. - 2 lalIc
Local. GO ft. - 2 lanc
8. Cu[-Jt:,-sac. Cul-de-~ac5 shall bc plO v ided w itIl a tUl nal OUlId Ila v ilIg an out5idc
roadway diamcte,l of at least cighty fcet (80'), alId a 5he,ct dialilCtcl of at least onc
hundlcd fcet (100'). CuI de, ~aC5 511allllav(, a hlaxiluum length of 01Ie. tIlou5alId fect
(1000') includihg tIle, tUll1aiOUlld alId a milIiluU111 paved 5Ulfac(, diametGl of cigllty-
foUl fce,t (84').
9. Stnet aLLess tv adjoiHing pIOpt'-tly. She,et stubs to adjoinillg ullplatted alcas sllall
bc plovide,d wllGh IcquilCd to gi ve, acccss to SUcll alcas 01 to provide, fOI plOpCl tlaffic
eilculatiolI. Shect stubs in CXCC55 of two hUlldled fifty fect (250') shall bc provided
t'Vith a tempolalY cuI-de-sac tUlnalOUlId. TIlc dCvelopcI of tIle adjoilIing alca sllall
pay tllc cost of lC5toIilIg thc sheet to its oIig,inal dC5igll ClOSS 5cetion alld cxtClldihg
tile 5tleet.
10. St} at Hamt'-J. StlCCt hamC5 shall not be, used which will duplicatc, bc pllolIetieally
5i111ilal 01 bc cOhfu5e,d w itll the na111CS of CXi5thlg 5hcct5, cxcept that IICW 5hcct5
w hid 1 alc an e.xte.n5iotl of in aIig,IIluelIt with cxi5tilIg 5tlCetS 511all bcal tllC 5alllC IIalue
as tllat bO!IIc by 5udl cxisting, sheets. All COUltS and cilCle5 5halllla~e. OhC nanlC
only. All 5tlCCt IIamC5 511all be subnlittcd t'V itll thc pldiluillalY plat to thc COUhty of
Volu5ia pIiOI to final plat apploval fOl 911 vuifkation.
e. CO/lstl UaiOH
Da5ie cOlIstmctiolI lcquilCl11Gllt5 fOl loads alC as follows.
1. RC5idcntialloadway pavcme.IIt 511all COh5i5t of 1-1/4 inehe.5 ofTy pe, I aspllalt 0 vCl atl
eight inch (81t) soil cChlcnt 01 liluCIock basc, OvCI an cig,llt incll (81t) eonlpacted
5ubbasc. Altclllati vC COhClctc pave.111cnt5 111ay be, appiOvcd.
2. COl1'unelcial 10adt'Vcty pavcmcnt sllall COlI5i5t of two illdlC5 (21t) of eompactcd Typc
5S. I 01 5S.-III aspllalt, Ovel an cight inch (81t) c0l11paetcd linlClock 01 six incll (GIt)
eompactcd soil CCl11Cht base, OvCl a twd ve indl (121t) c0l11pacted 5l.cllIoek stabilized
subbasc.
J. All IICW lOads shall Ilavc COIIClctC CUI bs. Mial11i CUI bs alC lcquiIGd on local stlcCts,
witll vCltical GUlb5 fot cnclose.d dlaihag,c 011 luajO! eollectol alId altGIial loads.
4. Tl.c IGlllailIdcl of tlle.lig,ht of-way shall be. eleale.d, glade.d, alId soddcd.
5. SighS fOI 5tlect ide.ntificatio..s and haffic control 511all be i..stalled by thc City at the
dCvelOPCl'S cxpcnsc. SighS 511all be ba5cd 011 thc lequilcmclIts of thc Pcdctal
IIigllwcty Adluhli5tlatioh Manual of Unif'Olm Tlaffie Co..hol DCviccs, CUlICllt
e,ditio.., 01 OtllCl City specifications.
d. Alltys. h15ilIg,le-family lC5idcntial distIiet5, allcY5 shall be, discoulagcd, but lllay be, lcquiICd
ill Otlle.l than lcside,htial distticts to pi 0 v ide. fO! piOpC.l tl affic cileulatiolI. \Vllcn pI 0 v idcd in
any distIiet, alleys shall havc a luiIliluUlI1Iigllt-of way widtll of tlliIty fee,t (30').
Rev. 5/02 (PoliciesProcedures/LandDevelopmentCode) XIII - 20
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e. EuJ't!./tu:;/LtJ. DaseIne.nt5 fOl ntilitie5, illelndiiIg watGI, l'\>a5tel'\>atel, ele.ettie, cable, telephone.
and gas aiId dlaiiIage easel1lcnt5, 5hall be plovide.d M follol'\>5.
I. Utilit;eJ. Utility eascment5 e.eiIteled on 5ide 01 leal lot line5 5hall be Plovided \'vllcle
deGIJ:'1Gd neGG5Ml y aiId 511all be at kMt fiftceiI fGet (I5') in I'\> idtIl. Additional I'\> idtIl
may be IGquiled fOl I'\> a5tG\'v atcl dl ainage easel11Gnt5. Side lot liiIG5 eMel11GiIt5 Ilia)'
be deCl eMGd to teiI feet (IO') iiI I'\> idth I'\> hen 5el v iiIg a 5iiIgk eleettie 01 telephonc
utility.
2. Dlai"ug~. Vlhele a pIop05ed 5ubdivi5ion i5 tIan5velsed (havelscd) by 01 abut5 a
watGreOm5G, dlainage ~a:y 01 5tIeal11, tlKle 511all be provided a cOiI5Grvation and
5toll111'\>atGI easel1lCiIt 01 drainage I'\>ay, canal 01 5hGalll, and 5tleh fUltllCl ~idtIl 01
COiI5tltletion 01 both, M ~ill be adequate fOI the purpose. VlllGIe a dlainage ~a} 01
canal exi5t5 01 i5 pl0p05ed, a maiiIteiIaiIee eMel11cnt apploved by the City 5hall be
plovided.
J. Aa~"J tvut't!.l vvay". VlatGI\'vay5 which ale eOiI5tltleted 01 impl0ved fOl the. pmp05e.
of pi 0 v iding ,\(,(,G55 by the watel to IOt5 I'\> ithin a 5ubdi v i5ioiI 511alllla v e. a I1liiIinlUl11
ea5Gmcnt of tight-of-I'\>ay ~idth of OiIe hundled feet (100'), Gxcept ~helG adequate
51101eliiIe plOte.etiol1 i5 pi 0 v ided, tile 111iiIinWIII tight of- ~ ay ~ idtIl l11ay be ledueed
to 5ixty feet (GO').
f. Sheet (,on5tltletioiI detail (sGe attached)
21-169.04 - Public ReCl e:ation and Open Space~
1. Requi/~/fl~'ltJ. A5 a condition plee(,dent to tile glaiIting of any pelmit5 following
appl0 v al of filIal dG veloplllent plan5, 5ite plaiI5, 5ubdi v i5iOll plat5, of i55uaiIee of a
buildiiIg peHuit, thG developel 511all deed laiId to thG City ofDdgewate.l, pay a l110ney
fee in lieu tllelcof 01 pIovide a conlbinatioiI of the above, at tile option of the City
Comlcil, to be used fOl public aiId opeiI leele.atioll 5paee a5 specified in thi5 section
and <leCOl diiIg to tile 5tandar d5 aiId fOll1lnla 5et fal th IIGl cin.
2. Gelld al "ta"da, d. POll1lula.
(a) It i5 IlG1 eby foul1d alld dc.tcl millGd tllat tile public illtOGSt, con vcnicncG,
I.caldl, I'\>dfalG alld safcty IcquilG dlat fi vG (5) aeles of lalld 01 Gqui vaknt
mOliC} valuG bG dGGdGd 01 paid to tI.c city fOI cadi Olie thousaiId (I,OOO)
pCISOllS IGsidiiIg in the city to be devoted fOI said palk and open space
pm pose5 of thi5 aI tide.
(b) POI laiId zoned IIwltifamily 01 RPUD, thG land dGdieation bMi5 shall be
applied to the iIUiIlbcl of dwelliiIg m.lt5 ineluded in the final dGvcIopmcnt
plan:
Rev. 5/02 (PoliciesProcedures/LandDevelopmentCode) Xli - 2 I
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u
..- . TT ..... ..... '"
.LJU..... 'LI "'" ..L.J II"" .a: ""'" 4'
Residential I
~. , ~ ., ~ , ,
J.~uu.
2 Dedloon. 01 Less 355
3 DediOOltl 3Be
4 DediOom 01 Morc 476
~. , ~ ., . .
~ ~uU'.
2 Dedr oom 01 Less 235
3 Dedl00rt'1 or More 42B
.......1,. .,-. '1.
lVJ.U.L1-J. ~.uu.
2 Dedlo0l11 or Le5S 276
3 Dedloom 01 MOle 445
Mobile IIon.e
1 Dedt oom 01 Less tB5
2 Dedroom Z8e
3 DediOom Ot Mote 395
IIotd or Motd
rc.t Roon. 2:&5
3. P01l11ula fOt fcGS ilt (lieu of) laltd COlt veyance..
4. U;Je of Fet:..5. The. fees c.ollccted I.clwndet shall be. paid to the City of Ddgewatc.t.
All suel. f-c.e.5 sl.all be. placcd in a le.sel ve account in twst w itl. tl.e ge.nCial fund altd
shall bc kltOWll as the. lCSet ve. trust fOl lands fOl patks altd opGn space.. MOlteys
w itI.iI. the. re.sel ve. accoultt shall be. use.d altd expende.d sold} fot tI.c acquisition,
impt 0 vCl11eltt, e.xpalt5ion of e.it} patks and opelt spae.e. laltd, and to piO v ide.
Rev. 5/02 (PoliciesProcedures/LandDevelopmentCode) xm - 22
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reeleatiolial equipment, facilities and land ir11.prOvemeIlts a5 dctelInilied by the City
CouliGiI. (Old. No. 84-0-37, ~ 2, 1-7 85).
5 e" r .. b I dr I d I f
. IltellajOI 1 el.Jtill iltg ut,l COh VeYC.itlLe an jee. ~li any eve opmelIt 0 0 vel t welity
fi v e (25) dwellilig tlIli ts, tile de veloper way be 1 equir cd to con v e y the lalld alId pay
a fee ilI accordance w itll tile folIo w ilig fOlluula.
(a) \Yheli olIly a pOI tion ofthcland wllieh tile developCl iSlequired to COli vey fOl
pe:uh and opelI space is to be, COli veyed, SUell pOI tion 511all be. COIl veyed for
parh or local open 5pace and a fee computed pUlsuant to the PlOy i5ions 5et
out llelcilI 511all be paid to the city fOl alIY additionallalId that tile de v elopc.r
would otIlel\'vi5e have beelllequiled to eOllvey llCIeunder.
(b) V/hen m05t of tIle land de5igMted a5 parh and open space in tile v icilIity of
the plopo5ed developnlent i5 lieeded to complete tile 5ite, 5ucll lelIlaining
pOltioli shall be cOlIveyed by tllc developel alid a fee 511all be paid by the
developer in lieu of con vey ing the additional land w llich tile devclope.l would
othel \'v i5e be I equil ed to eon v cy and 5ueh fee5 to be u5ed fOl tile
implOveIl1ent5 of othel eity palh and open 5pace lalld ili the alea 5el ving the
de velopluent.
6. If the devdopel objects to the fair lualket value detelminatiOIl, lie ru<ry 5ubruit an
MAl applaisal5110wing tIle faillIlalket valuG of the land51equiled to be dOlIated and
filial detGlluinatioli of said malkct valuG pGr acrG of 5ucll lalid 5hall bG luade by the
City Council bMed upon such ilIfolmation SubllIitted by thG developer. Should tI.c
developel '5 MAl applai5al not be accGptable to thG City, tIIG City 51lall appoillt
anothGl MAl appraisel. TIle City' s MAl applai5Gl 511allsGleet a tllird MAl applai5Gl
alid thG fair nlalkc.t valuG of tile land51GquirGd to be, convGYGd, as detGlmirled by tl.G
tIIICG appraiser5, shall bG bindilig upon the developcr alld tllG City. TIle ('o5t of all
applai5al shall bG a cledit again5t aliY fce5.
7. Detellninution vIlultd UI fee. The City COtlIlcil 5hall dctGllIlille w hethel to <tGcc,pt
laIld 01 lequilG pay nlGlit of the fee in liGtl thGl cof, aftGl cOli5idel Mion of tIle
foIl 0 w ilIg.
(a) TopoglapllY, gGology. AeeG55 alid 10eatiolI of lalId in thc, developluclIt
available fOl dedication,
(b) Size alId 5hape. of thG de velopnlent and lalid a v ailable.
(c) TIIG fc.a5ibility of COllvGyanCc"
(d) Availability ofplGviou51y acquilGd palh and open 5pacc plOpc.rty.
(c,) V/lletIlel tIle dC,velOpe,1 OWI1S 01 c,ontlol5 OthGl land de5ignate,d III tile
Ddgewate.l Compldlcn5i ve. rlall 01 otIler lands.
8. CIf:-dit ful PI ;vatr;; 01 ptiblic open -space. Wlle.lC, pli v ate. 01 public OPCll 5paCc, i5
pro v ided in a pr oposcd plalIIlc,d uIlit dc, vclopr11.ent in c,xccss of the5e lc,quirGluc,Ilt5,
Rev. 5/02 (PoliciesProcedures/LandDevelopmentCode) XIII - 23
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01 ahy amGhdmGht thGlGOf, pal tial GIGdit hIay bG gi vGh. It shall not excGGd fifty
pGICGnt (50%) ofthc amount oflahd IGquired to bG GOnvGYGd 01 payl1lGnt off(,GS ih
liGtl tlle-lGOf if tile- City Cotll.cil fihds it i5 in tile- public iht(,1C5t to do 50. Such spacc
dOG5 hot include- lequile-d yalds, palkihg, COtllt ale-a5, 5e-tbach, and othGr ope-n alca5
rcquile-d by tllG Lahd DGvclopnlcnt CodG.
9. J'luceJWt'-. In subdivi5ion51Gquirihg plat appIoval, tile- de-vdopCl 51..111 aglce in
~ritihg to convGY lal1d fOl palh and OpGh 5paCG, pay a f'Ce- ih liGtl thuGof, or both.
ThG City Council shall COh5idGI tllG IGqUG5t aftu a lCCOnlmGhdatioh f10lu the
PlahnilIg and ZOlIihg Doald at thc tinlc of approval of thG pldimihalY plat. At tk
tiillC of applO val of tile final5ubdi v i5ion plat, tile devdopu 5hall COlI vGy thc lahd ahd
pay the fce5 as pleviou51y detGlnlincd but the City Couhcil, but not latGl thai.
i55uance of a building pelluit.
lu. StibJiviJioll dLti uIlLeS. Aleas fOl 5ubdi v i5ion entIahce5 luay be pelmitted in allwbdi v i5ion5
~ l.etl.Gl le5idential, conuuelcial 01 industr ial. In the event 5uc1. Gntlance aIea5 ale
authorized, the City CoulIcil may lequile aleas and dedication of 5anle to tile city, ~ ith 5uch
condition5 it rli.ay impose as to I11aihtelIance and upkeep, 01 ilIay lequile that tile subdi v ider
5hall pGlpetually nlaintaih said ehtlahce aleas by tile Cleation of a tItlst ftllld to beal cost of
5anle 01 5uch other pI 0 v ision5 asstlllling pel petual cal c. The City Council may il1lpoSG al.)'
condition 01le5tlictioh it deen.s in the public ihtGlest UpOh any entlahce alea it may authorize.
uhdel this al tide, including restr ic.tion of in.Pl 0 veruents place.d thel con.
11. SUblli.alginallulldJ. V/l.ele lahds subject to these legulatiohs ale located ih special flood
I.azald areas as identified in tI.e latest edition oftI.c hazald boundalY luap as established by
the U.S. Departlueht ofIIousihg and Ulbah Devdopn.el.t, Pcdcul InstllancG Adluinistratiol.,
all buildir.gs sllall be subject to tl1(., I (.,qui!("Iu("l1tS of Oldir.aIlc(., (n.) 900, dat(.,d D(.,C(.,Il.b(.,1 1 G,
t9T4:
TI.e subdividGI shall demohstlatG that soil pIope-lties existilIg on thG lahd to be subdivided
ale eonduei ve to the type of dCvdopli1ent cOl1tel1.plated and/or spe-cify ac.tion ~ hieh w ill be
takel. dtlling the il.stallation of lequiled in.plovehlcnts to eOIle.e.t al.d unsuitable soil
cOhdition.
O. LaftJsLupillo aftd (,ee IIlaftagt'-/1tEllt. Prior to pldinlinalY plat apploval, tI.e subdividel 511.111
5ubn.it in ~Iiting, a land5eaping plan, indicatil1g tile Overall ploposcd lahdscaping ahd
treatIuent of OpGh and COl1lillOn alGa5. TI.e 5ubdi v idCl 5hall dGn.oh5tlatG that to tI.G glGatest
Rev. 5/02 (PoliciesProcedures/LandDevelopmentCode) Xli - 24
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cxtent practical, cxi5tiiIg tIce5 511all be protected andf"Or 11(,\'9 tlee5 planted to e5tabli511 tllc
maXillltllfl pCICCiIt of lot eiO~n COvCI.
SECTION 21-17669 - VARIANCES, EXCEPTIONS AND APPEALS
21-17669.01 - Variances
The Planning and Zoning Board may grant a variance from the terms of this article when such
variance will not be contrary to the public interest, and where, owing to special conditions, a literal
enforcement of the provisions of this article would result in unnecessary hardship. Such variance
shall not be granted if it has the effect of nullifying the intent and purpose of these regulations.
Furthermore, such variance shall not be granted by the Planning and Zoning Board until:
a. A written application for a variance is submitted by the 5ubdi v idcI applicant to the Planning
Department demonstrating:
I. That special conditions and circumstances exist which are peculiar to the land,
structures or required subdivision improvements;
2. That the special conditions and circumstances do not result from the actions of the
applicant; and
3. That the granting of the variance requested will not confer on the applicant any
special privilege that is denied by these regulations to other lands, structures or
required subdivision improvements under similar conditions. No pre-existing
conditions in neighboring lands, which are contrary to these regulations, shall be
considered grounds for the issuance of a variance.
b. The Planning and Zoning Board shall make written findings that the requirements of this
section have been met.
c. The Planning and Zoning Board shall further make a finding that the reasons set forth in the
application justify the granting of the variance that would make possible the reasonable use
of the land, buildings and other improvements.
d. The Planning and Zoning Board shall make further a finding that the granting of the variance
would be in harmony with the general purpose and intent of these regulations, will not be
injurious to the surrounding territory or otherwise be detrimental to the public.
e. A public hearing on the proposed variance shall be held by the Planning and Zoning Board
after due public notice. The public hearing may be held prior to or simultaneously with the
public hearing for approval of the preliminary plat.
f. The Planning and Zoning Board shall submit its written findings and recommendation to the
City Council for action. In granting any variance, the City Council may prescribe appropriate
Rev. 5/02 (PoliciesProcedures/LandDevelopmentCode) Xill-25
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conditions and safeguards in conformity with this article. Violations of such conditions and
safeguards when made a part of the terms under which the variance is granted shall be
deemed a violation of this article.
21-17669.02 - Exceptions
The standards and requirements set forth in these regulations may be modified by the Planning and
Zoning Board in the case of a planned unit development, group development, large-scale community
development, or commercial or neighborhood development which is not subdivided into customary
lots, blocks and streets, which in the judgment of the Planning and Zoning Board, provides adequate
public spaces and improvements for the circulation, recreation, light, air and service needs of the
tract when fully developed and populated, and which also provides such covenants or other legal
provisions as will assure conformity to and implementation of the Comprehensive Plan. In granting
such modifications, the Planning and Zoning Board shall require such reasonable conditions and
safeguards in conformity with this article. Before granting such modifications, a public hearing will
be held by the Planning and Zoning Board with due public notice.
21-17669.03 - Appeals
Any person aggrieved by the Planning and Zoning Board's decision regarding a preliminary or final
subdivision plat, or the Planning and Zoning Board's decision regarding any variance or exception,
may submit, in writing, an appeal to the City Council specifying grounds for appeal. Such appeal
shall be noted to the City Clerk within fifteen (15) days after the action is recorded in the minutes
of the Planning and Zoning Board, and shall be heard within thirty (30) days after notice to the City
Clerk at a regularly scheduled meeting of the City Council. The City Clerk shall give due notice of
the hearing by certified mail to the 5ubdi v ide! applicant appealing and to the Planning and Zoning
Board. The City Council may hear testimony and may sustain, alter or set aside the action of the
Planning and Zoning Board.
Rev. 5/02 (PoliciesProcedures/LandDevelopmentCode) XIII - 26
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ARTICLE XIV
HISTORIC PRESERVATION
SECTION 21-180 - GENERAL PROVISION
21-180.01 - Intent ...................................................................................................... XIV-l
21-180.02 - Purpose .................................................................................................. XIV - 2
SECTION 21-181 - RECREATION/CULTURAL SERVICES BOARD
21-181.01 - Creation ................................................................................................. XIV - 3
21-181.02 - Purpose .................................................................................................. XIV-3
21-181.03 - Membership........................................................................................... XIV-4
21-181.04 - Term ...................................... ........... ..................................................... XIV-5
21-181.05 - Qualifications ........................................................................................ XIV-5
21-181.06 - Procedures ............................................................................................. XIV - 5
SECTION 21-182 - DESIGNATION OF LANDMARKS,
LANDMARK SITES AND HISTORIC DISTRICTS
21-182.01 - Designation of Landmarks, Landmark Sites and Historic Districts ...... XIV-6
21-182.02 - Application Requirements ..................................................................... XIV-6
21-182.03 - Public Hearing for Designations ........................................................... XIV-7
21-182.04 - Criteria for Designation of Property...................................................... XIV-7
21-182.05 - Board Decision ...................................................................................... XIV-8
21-182.06 - Appeals to City Council........................................................................ XIV-8
21-182.07 - City Council Review and Designation .................................................. XIV-8
21-182.08 - Amendments and Rescissions ............................................................... XIV-8
SECTION 21-183 - APPROV AL OF CHANGES TO LANDMARKS,
LANDMARK SITES AND PROPERTY IN HISTORIC DISTRICTS
21-183.01 - Certificate of Appropriateness ............................................................... XIV-8
21-183.02 - Application Procedures ......................................................................... XIV-9
21-183.03 - Public Hearings ............................ ......... ............................................. . XIV-tO
21-183.04 - General Criteria ................................................................................... XIV -10
21-183.05 - Alterations ........................................................................................... XIV -10
21-183.06 - New Construction ................................................................................ XIV-II
21-183.07 - Demolition ........................................................................................... XIV -12
21-183.08 - Relocation ............................................................................................ XIV -13
21-183.09 - Appeals ................................................................................................ XIV -13
Article XIV
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SECTION 21-184 - ARCHAEOLOGICAL PRESERVATION
21-184.01 - Purpose and Intent ............................................................................... XIV -13
21-184.02 - Excavations on Public Property.......................................................... XIV -14
21-184.03 - Ownership of Artifacts ........................................................................ XIV -14
21-184.04 - Curation of Artifacts ............................................................................ XIV-IS
SECTION 21-185 - EMERGENCY ACTIONS
21-185.01 - Emergency Conditions: Designated Properties ................................... XIV-IS
21-185.02 - Emergency Actions: Non-Designated Properties ............................... XIV-IS
SECTION 21-186 - CONFORMITY WITH THE CERTIFICATE OF APPROPRIATENESS
21-186.01 - Conformity with the Certificate of Appropriateness ........................... XIV-IS
SECTION 21-187 - MAINTENANCE AND REPAIR OF LANDMARKS,
LANDMARK SITES AND PROPERTY IN HISTORIC DISTRICTS
21-187.01 - Provisions ............................................................................................ XIV -16
SECTION 21-188 - PENALTY
21-188.01 - Penalty ................................................................................................. XIV -16
21-188.02 - Civil Penalties ..................................................................................... XIV -16
SECTION 21-189 - DEMOLITION PERMITS
21-189.01 - Requirements ....................................................................................... XIV -17
21-189.02 - Immediate Demolition of Unsound Structures .................................... XIV -17
21-189.03 - Appeals of Final Decision ................................................................... XIV -18
Sections 21-190 through 21-200 reserved for future use.
Article XIV
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ARTICLE XIV
HISTORIC PRESERVATION
SECTION 21-180 - GENERAL PROVISIONS
21-180.01 - Intent
a. The City Council finds there are buildings, landmarks, and sites within the City of Edge water
which have specific historic, archeological or aesthetic significance, and that the loss of these
sites would cause an irreplaceable loss to the people of the city of the aesthetic, cultural, and
historic values represented by such sites. It is hereby declared as a matter of public policy
that protection, enhancement, perpetuation and use of such sites of special historic,
archeological or aesthetic interest or value is a public necessity and is required in the interests
of the health, prosperity, safety and welfare of the people.
b. The recognition, protection, enhancement and use of such resources is a public purpose and
is essential to the health, safety, morals and economic, educational, cultural and general
welfare of the public, since these efforts result in the enhancement of property values, the
stabilization of neighborhoods and areas of the city, the increase of economic benefits to the
city and its inhabitants, the promotion of local interests, the enrichment of human life in its
educational and cultural dimensions serving spiritual as well as material needs, and the
fostering of civic pride in the beauty and noble accomplishments of the past.
c. The City Council desires to take advantage of all available state and federal laws and
programs that may assist in the development or redevelopment of the City of Edgewater.
d. The federal government has established a program of matching grants-in-aid for projects
having as their purpose the preservation for public benefit of properties that are significant
in American history, architecture, archeology and culture.
e. There are other federal programs providing monies for projects involving the rehabilitation
of existing districts, sites, buildings, structures, objects and areas.
f. The policy of the City of Edgewater is to conserve the existing housing stock and extend the
economic life of each housing unit through the rehabilitation of such units under housing and
neighborhood development programs in selected areas.
g. Inherent in the enactment and implementation of these federal mandates is the policy of the
United States government that the spirit and direction of the nation are founded upon and
reflected in its historic past; that the historical and cultural foundations of the nation should
be preserved as a living part of our community life and development in order to give a sense
of orientation to the American people; that in the face of the ever-increasing extensions of
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urban centers, highways, and residential, commercial and industrial developments, the
present governmental and non-governmental programs and activities are inadequate to ensure
future generations a genuine opportunity to appreciate and enjoy the rich heritage of our
nation.
h. It is the will of the people of the State of Florida as expressed in Article II, Section 7 of the
1968 Constitution, that the state's natural resources and scenic beauty be conserved and
protected.
1. It is the will of the State Legislature as expressed in Chapter 267 of the Florida Statues that
the state's historic sites and properties, buildings, artifacts, treasure troves and objects of
antiquity which have scientific or historic value, or are of interest to the public, be protected
and preserved.
21-180.02 - Purpose
The City Council hereby declares it's intention to qualify as a certified local government with the
State Division of Historical Resources, history and records Management, and to comply with the
rules and regulations of the division pursuant to that program. The purpose of this chapter is to
promote the health, morals, economic, educational, aesthetic, cultural, and general welfare of the
public through;
a. The identification, protection, enhancement, perpetuation and use of districts, sites,
buildings, structures, objects and areas that are reminders of past eras, events and persons
important in local, state, or national history, or which provide significant examples of
architectural styles of the past, or which are unique and irreplaceable assets to the city and
its neighborhoods, or which provide this and future generations examples of the physical
surroundings in which past generations lived;
b. The enhancement of property values, the stabilization of neighborhoods and business centers
of the city, the increase of economic and financial benefits to the city and its inhabitants, and
the promotion of local interests;
c. The preservation and enhancement of varied architectural styles, reflecting the city's cultural,
social, economic, political, and architectural history; and
d. The enrichment of human life in its educational and cultural dimensions in order to serve
spiritual as well as material needs by fostering knowledge of the living heritage of the past
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SECTION 21-181- RECREATION/CULTURAL SERVICES BOARD
21-181.01 - Creation
The Recreation/Cultural Services Board was created to plan and propose specific projects involving
parks, recreational activities, beautification projects and historical preservation.
21-181.02 - Purpose
The purpose of this section is to establish historical and archeological guidelines in addition to the
duties defined for the Recreation/Cultural Services Board. The Recreation/Cultural Services Board
is established to seek the accomplishment of the following municipal purposes:
a. The Board shall take action necessary and appropriate to accomplish the purposes of this
chapter. These actions may include, but are not limited to:
I. Continuing the survey and inventory of historic buildings and areas and archeological
sites and the plan for their preservation;
2. Recommending the designations of historic districts and individual landmarks and
landmark sites;
3. Regulating alteration, demolitions, relocations, and new construction to designated
property;
4. Adopting guidelines for changes to designated property;
5. Coordinating the historic preservation work of the City of Edgewater by working
with and advising the federal, state and county governments and other city
departments or advisory boards;
6. Advising and assisting property owners and other persons who are interested in
historic preservation;
7. Initiating plans for the preservation and/or rehabilitation of individual historic
buildings or landmarks; and
8. Undertaking educational programs including the preparations of publications and the
placing of historic markers.
b. The Board shall review all nominations of local property to the National Register of Historic
Places following the regulations of the state historic preservation office. Following a public
hearing with public notice of no less than thirty (30) days, the Board shall consider the
nomination. When necessary the Board shall seek expert advice before evaluating the
nomination. The Board shall forward to the state historic preservation officer its action on
the nomination and the recommendations of the local officials.
c. When a property owner objects to having his property nominated to the National Register,
a notarized written statement must be submitted to the Board before the nomination is
considered. The Board may then either continue its review, forwarding its recommendation
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to the state historic preservation officer and noting owner's objection or, it may cease any
further review process and notify the state historic preservation officer of the property
owner's objection to the proposed listing the Board shall not recommend registry over
objection of the owner except by a super majority vote.
d. In the development of the certified local government, the City Council may ask the Board
to perform other responsibilities that may be delegated to the City under the National
Historic Preservation Act.
e. The Board shall conduct at least four (4) public hearings a year to consider historic
preservation issues. The Board shall recommend to the City Council the designation of
landmarks, landmark sites and historic districts. Applicants shall be given written
notification of the Board's decisions. The Board shall prepare and keep on file available for
public inspection a written annual report of its historic preservation activities, cases,
decisions, qualifications of members and other historic preservation work.
f. The Board shall receive assistance in the performance of its historic preservation
responsibilities from which ~hall pi 0 v ide, expertise shall be provided in historic preservation
or a closely related field. Other city staff members may be asked to assist the Board by
providing technical advice or helping in the administration of this chapter.
g. The Board shall recommend to the local planning agency and the City Council a historic
preservation element of the comprehensive development plan pursuant to the Local
Government Comprehensive Planning Act of 1985.
h. The Board shall coordinate its activities with the Community Redevelopment Agency, the
state historic preservation officer, and the Southeast V olusia Historical Society, Inc.
1. The Board shall assist the City Manager in preparing applications for grant awards for site
identification, inventory, survey activities and preservation.
J. The area of geographic responsibility for the Board shall be coterminous with the boundaries
of the City of Edgewater.
k. The Board is encouraged to be represented at pertinent informational or educational
meetings, workshops and conferences relating to preservation activities.
21-181.03 - Membership
The Board shall consist of seven (7) members who shall be residents of the city. The Board shall
elect a chairman, vice-chairman, and other officers as they may deem necessary. In the event of a
vacancy on the Board, the City Council shall appoint a new member within sixty (60) days to serve
out the remainder of the term. Members shall serve on the Board at the pleasure of the City Council.
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21-181.04 - Term
The Board members shall be appointed for staggered terms of three (3) years by the City Council;
provided, however, that the initial terms shall be three (3) members for a one year term, two (2)
members for a two (2) year term, and two (2) members for a three (3) year term.
21-181.05 - Qualifications
The Board members shall be composed of lay and professional members in accordance with the
criteria set forth by the certified local government program. To the extent available, members shall
be professionals from the disciplines of architecture, history, architectural history, archaeology, or
other historic-related fields, such as urban planning, American studies, American civilization,
cultural geography, or cultural anthropology. Lay persons who have demonstrated special interest,
experience or knowledge in history, architecture or related disciplines shall make up the balance of
the Board membership. An up to date resume of Board members shall be kept as a public record.
Prior to appointment, the City Council shall solicit nominations from the Recreation/Cultural
Services Board.
21-181.06 - Procedures
The Board shall hold at least four (4) meetings each year, which shall be public meetings. Meetings
shall have a previously advertised agenda and shall be open to public participation. All records of
the Board including its rules of procedure, minutes and inventory shall be public records open to
inspection by the public. The Board shall adopt rules of procedure for use in all its meetings and the
City Manager shall provide staff assistance. The Board shall have the following reporting
requirements:
a. It shall provide the state preservation officer with thirty (30) days notice prior to each
meeting, following its first meeting.
b. It shall submit minutes of each meeting to the state historic preservation officer within thirty
(30) days of holding the meeting.
c. It shall submit records of attendance for the review Board members to the state historic
preservation officer within thirty (30) days of each meeting.
d. It shall submit public attendance figures of each meeting to the state historic preservation
officer with thirty (30) days of each meeting.
e. It shall notify change in Board membership within thirty (30) days of action.
f. It shall notify the state historic preservation officer of all historic designations or alterations
to existing designations.
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g. It shall submit an annual report by November I covering previous October 1 through
September 30, which shall include:
1. Any changes in the rules of procedure;
2. Number of proposals reviewed;
3. Designations or listings;
4. Changes to Board;
5. Revised resumes of Board members as appropriate;
6. Review of survey and inventory activity with the description of the system used; and
7. Program report on each grant assisted activity.
SECTION 21-182 - DESIGNATION OF LANDMARKS, LANDMARK SITES AND
HISTORIC DISTRICTS
21-182.01 - Designation of Landmarks, Landmark Sites and Historic Districts
Upon recommendation of the Board, the City Council may designate by resolution individual
landmarks, landmark sites and historic districts. Each designation of a landmark shall include a
designation of a landmark site. When an owner objects to an application involving designation of
his property, other than a historic district, approval by the Board and City Council shall require a
super majority vote.
21-182.02 - Application Requirements
Consideration of the designation of a landmark and landmark site or a historic district shall be
initiated by the filing of an application for designation by the property owner, any resident of
Edgewater or any organization in Edgewater, including the City. The City shall charge a fee for each
application which reflects processing costs for the application except that such fee shall be waived
for city-initiated applications.
The applicant shall complete an application form provided by the Planning Department which shall
include:
a. A written description of the architectural, historical or archeological significance of the
proposed landmark and landmark site or buildings in the proposed historic district and
specifically addressing and documenting those related points contained in this article;
b. Date of construction of the structures on the property and the names of former owners;
c. Photographs of the property; and
d. Legal descriptions and map of property to be designated as a landmark, landmark site or
historic district.
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On applications for the designation of historic districts, the applicant shall also submit:
a. Evidence of the approval of the district from two-thirds of the property owners; and
b. A written description of the boundaries of the district.
The City Manager or his designee shall determine when an application is complete and may request
additional information when such application is determined to be incomplete.
21-182.03 - Public Hearings for Designations
The Board shall schedule a public hearing on the proposed designation within sixty (60) days of the
submission of a completed application. Notice of the public hearing and notice to the owner shall
be given in accordance with the Florida Statutes and shall state clearly the boundaries for a proposed
historic district.
21-182.04 - Criteria for Designation of Property
The commission shall recommend the designation of property as a landmark, landmark site or
historic district after the public hearing based upon one or more of the following criteria:
a. Its value is a significant reminder of the cultural or archeological heritage of the city, state
or nation;
b. Its location is a site or a significant local, state or national event;
c. It is identified with a person or persons who significantly contributed to the development of
the city, state or nation;
d. It is identified as the work of a master builder, designer or architect whose individual work
had influenced the development of the city, state or nation;
e. Its value as a building is recognized for the quality of its architecture, and it retains sufficient
elements showing its architectural significance;
f. It has distinguishing characteristics of an architectural style valuable for the study of a period,
method of construction, or use of indigenous materials;
g. Its character is a geographically definable area possessing a significant concentration, or
continuity of sites, buildings, objects of structures united in past events or aesthetically by
plan or physical development; or
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h. Its character is an established and geographically definable neighborhood, united in culture,
architectural style or physical plan and development.
21-182.05 - Board Decision
After evaluating the testimony, survey information and other material presented at the public hearing,
the Board, shall, within sixty (60) days, make its recommendation to the City Council with a written
report on the property or area under consideration. Applications for designation shall be approved
or denied. The Board may vote to defer its decision for and additional thirty (30) days. If the Board
recommends a designation, it shall explain the proposed landmark or historic district qualified for
designation under the criteria contained in this section. This evaluation may include references to
other buildings and areas in Edgewater and shall identify the significant features of the proposed
landmark or historic district. The report shall include a discussion on the relationship between the
proposed designation and existing and future plans for the development of the city. The Planning
Department shall promptly notify the applicant and the property owner of the Board decision.
21-182.06 - Appeals
Any person may appeal the Board's decision to the City Council within fifteen (15) days of the
decision.
21-182.07 - City Council Review and Designation
The City Council shall approve, modify or disapprove the proposed designation within sixty (60)
days of the Board recommendation. If a designation is made, the comprehensive plan, including the
land use map, shall be amended to contain the designation in accordance with state law. The
Planning Department shall notify each applicant and property owner of the decision relating to his
property within thirty (30) days of the City Council action and shall arrange that the designation of
a property as a landmark or as a part of a historic district be recorded in the official record books of
Volusia County.
21-182.08 - Amendments and Rescissions
The designation of any landmark and landmark site or historic district may be amended or rescinded
through the same procedure utilized for the original description.
SECTION 21-183 - APPROVAL OF CHANGES TO LANDMARKS, LANDMARK SITES
AND PROPERTY IN HISTORIC DISTRICTS
21-183.01 - Certificate of Appropriateness
No person may undertake the following actions affecting a designated landmark, a designated
landmark site or a property in a designated historic district without first obtaining a certificate of
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appropriateness from the Board. Alterations of an archeological site or the exterior part of a building
or structure, new construction, demolition or relocation.
a. Review of a new construction and alteration to designated buildings and structures shall be
limited to exterior changes visible to the public. Whenever any alteration, a new
construction, demolition or relocation is undertaken on a designated landmark, a designated
landmark site or a property in a designated historic district without a certificate of
appropriateness, the Certified Building Official is authorized to issue a stop work order.
b. A certificate of appropriateness shall be in addition to any other building permits required
by law. The issuance of a certificate of appropriateness from the Board shall not relieve the
property owner of the duty to comply with other state and local laws and regulations.
c. Ordinary repairs and maintenance, that are otherwise permitted by the law, may be
undertaken without a certificate of appropriateness provided this work on a designated
landmark site or property in a designated historic district does not alter the exterior
appearance of the building structure, or archeological site, or alter elements significant to its
architectural or historic integrity.
d. No certificate of appropriateness for alteration, new construction, demolition or relocation
pursuant to the provisions of this chapter shall be effective for a period of fifteen (15) days
subsequent to the Board's decision. If, during that fifteen (15) day period, an appeal is made
to the City Council, the decision of the Board shall automatically be stayed pending city
review.
21-183.02 - Application Procedures for Certificates of Appropriateness
a. Each application for a certificate of appropriateness shall be accompanied by the required
fee. The Certified Building Official shall forward to the Board each application for a permit
that would authorize an alteration, new construction, demolition, impact on an archeological
site's integrity or relocation affecting a designated landmark, a designated landmark site, or
a property in a designated historic district.
The applicant shall complete an application form provided by the Building Department containing,
in part, the following information:
b. Drawings of the proposed work;
1. Photographs of the existing building or structure and adjacent properties; and
2. Information about the building materials to be used.
c. The City Manager or his designee shall determine when an application is complete and may
request additional information when such application is determined to be incomplete.
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21-183.03 - Public Hearings
The Board shall hold a public hearing on each certificate of appropriateness within thirty (30) days
after receipt of a completed application. The Board shall approve, approve with conditions, or
disapprove each application, based on the criteria contained in this section. The Board shall act
within sixty (60) days after the close of the public hearing. Ifthe Board fails to decide an application
within the specified time period, the application shall be deemed approved.
21-183.04 - General Criteria
In approving or denying applications for certificates of appropriateness for alterations, new
construction, demolition, or relocation, the Board shall use the following general guidelines:
a. The effect of the proposed work on the landmark or the property upon which such work is
to be done;
b. The relationship between such work and other structures on the landmark site or other
property in the historic district;
c. The extent to which the historic, architectural; or archeological significance, architectural
style, design, arrangement, texture, materials, and color of the landmark or the property will
be affected;
d. Whether the denial of a certificate of appropriateness would deprive the property owner of
reasonable beneficial use of his property; and
e. Whether the plans may be reasonably carried out by the applicant.
21-183.05 - Alterations
In approving or denying applications for certificates of appropriateness for alterations, the Board
shall also use the following additional guidelines which are based on the United States Secretary of
the Interior's Standards for Historic Preservation Projects.
a. Every reasonable effort shall be made to provide a compatible use for a property that requires
minimal alteration of the building structure, or site and its environment, or to use a property
for its originally intended purpose.
b. The distinguishing original qualities or character of a building, structure, or site and its
environment shall not be destroyed. The removal or alteration of any historic material or
distinctive architectural features should be avoided when possible.
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c. All buildings, structures, and sites shall be recognized as products of their own time.
Alterations which have no historical basis and which seek to create and earlier appearance
shall be discouraged.
d. Changes which may have taken place in the course of time are evidence of the history and
development of a building, structure, or site and its environments. These changes may have
acquired significance in their own right, and this significance shall be recognized and
respected.
e. Distinctive stylistic features or examples of skilled craftsmanship which characterize a
building, structure or site shall be treated with sensitivity.
f. Deteriorated architectural features shall be repaired rather than replaced, wherever possible.
In the event replacement is necessary, the new material should match the material being
replaces in composition, design, color, texture, and other visual qualities. Repair or
replacement of missing architectural features should be based on accurate duplications of
features, substantiated by historical, physical or pictorial evidence rather than on conjectural
designs or the availability of different architectural elements from other buildings or
structures.
g. The surface cleaning of the structures shall be undertaken with the gentlest means possible.
Sandblasting and other cleaning methods that will damage the historic building material shall
not be undertaken.
h. Every reasonable effort shall be made to protect and preserve archeological resources
affected by, or adjacent to, any acquisition, protection, stabilization, preservation,
rehabilitation, restoration or reconstruction project.
21-183.06 - New Construction
In approving or denying applications for certificates of appropriateness for new construction, the
Board shall also use the following additional guidelines:
a. The height of proposed building shall be visually compatible with the adjacent buildings;
b. The relationship of width ofthe building to the height ofthe front elevations shall be visually
compatible to buildings and places to which it is visually related;
c. The relationship of the width of the windows to height of windows in a building shall be
visually compatible with buildings and places to which the building is visually related;
d. The relationship of solids to voids in the front facade of a building shall be visually related;
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e. The relationship of building to open space between it and adjoining buildings shall be
visually compatible to the buildings and places to which it is visually related;
f. The relationship of entrance and porch projections to sidewalks of a building shall be
visually compatible to the buildings and places to which it is visually related;
g. The relationship of the materials, texture and color of the facade of a building shall be
visually compatible with the predominant materials used in the buildings to which it is
visually related;
h. The roof shape of a building shall be visually compatible with the buildings to which it is
visually related;
1. Appurtenances of a building such as walls, wrought iron fences, evergreens, landscape
masses, building facades, etc., shall, if necessary, form cohesive walls of enclosures along
a street, to ensure visual compatibility of the building to the buildings and places to which
it is visually related;
J. The size of a building, the masses of a building in relation to open spaces, the windows, door
openings, porches and balconies shall be visually compatible with the buildings and places
to which it is visually related; and
k. A building shall be visually compatible with the buildings and places to which it is visually
related in its directional character, whether this be vertical character, horizontal character or
non directional character.
21-183.07 - Demolition
a. No certificate of appropriateness for demolitions shall be issued by the Board until the
applicant has demonstrated that no other feasible alternative to demolition can be found. The
Board may ask interested individuals and organizations for assistance in seeking an
alternative to demolition. On all demolition applications, the Board shall study the question
of economic hardship for the applicant and shall determine whether the landmark or property
in the historic district can be put to reasonable beneficial use without the approval of
demolition application. In case of an income-producing building, the Board shall also
determine whether the applicant can obtain a reasonable return from his existing building.
The Board may ask applicants for additional information to be used in making these
determinations including, but not limited to, evidence that the plans for a new building on
the site will be implemented. If the applicant fails to establish the lack of a reasonable
beneficial use of the lack of a reasonable return, the Board shall deny the demolition
application.
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b. The Board may grant a certificate of appropriateness for demolition even though the
designated landmark, designated landmark site, or property within the designated historic
district has reasonable beneficial use if:
1. The Board determines that the property no longer contributes to a historic district or
no longer has significance as a historic, architectural or archeological landmark, or
2. The Board determines that the demolition of the designated property is required by
a community redevelopment plan or the comprehensive plan.
21-183.08 - Relocation
When an applicant seeks to obtain a certificate of appropriateness for the relocation of a landmark,
a building or structure on a landmark site, or a building or structure in a historic district or wishes
to relocate a building or structure to a landmark site or to a property in a historic district, the Board
shall also consider the following:
a. The contribution the building or structure makes to its present setting;
b. Whether there are definite plans for the site to be vacated;
c. Whether the building or structure can be moved without significant damage to its physical
integrity; and
d. The compatibility of the building or structure to its proposed site and adjacent properties.
21-183.09 - Appeals
Within fifteen (15) days of the Board decision, any person may appeal to the City Council any
decision of the Board on an application for a certificate of appropriateness. The City Council shall
approve, approve with modification, or disapprove the application within sixty (60) days of the
appeal.
SECTION 21-184 - ARCHAEOLOGICAL PRESERVATION
21-184.01 - Purpose and Intent of Article
It is hereby declared as a matter of public policy that the identification, evaluation and protection of
archaeological sites on public property is in the interest of the health, prosperity and welfare of the
people of the City. The public has an interest in the preservation of archaeological sites and artifacts
for their scientific and historical value and furthermore has a right to the knowledge to be derived
and gained from the scientific study of archaeological materials. The recent past has seen the
neglect, desecration and destruction of archaeological sites and the removal of archaeological objects
and information without adequate records with a resulting loss to the city's citizens of knowledge
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concerning their heritage. The destruction of these nonrenewable archaeological resources result in
a significant loss to the quality of life and cultural environment of the City. It is intended that
through this Article that reasonable measures will be taken to prevent the loss of archaeological sites
on public property within the City limits. It is therefore the policy of the City to take such actions
as are necessary or appropriate to locate, preserve and interpret archaeological sites that are located
on property owned or controlled by the City and to ensure that similar protective measures are
undertaken by other governmental agencies owning property, or funding projects impacting property,
in the City limits. It is not the desire or intent of the City to excavate every archaeological site within
the city, but rather to provide a mechanism that will enable the recovery of data, mitigate adverse
impacts, and protect significant sites in conjunction with projects undertaken to provide public
facilities.
21-184.02 - Excavations on Public Property
No individual shall be allowed to use a probe, metal detector or any other device to search or
excavate for artifacts on public property, nor can any individual remove artifacts from public
property without the written permission of the City. Furthermore, no disturbances or construction
activities shall be authorized within properties belonging to the City, including public streets and
right-of-ways, without a City right-of-way permit and without such archaeological efforts as may be
addressed by this Article. Any proposed archaeological work and delays relative to a disturbance
or construction work shall be in accordance with provisions of this chapter relative to major and
minor disturbances in Archaeological Zones.
21-184.03 - Ownership of Artifacts
a. All artifacts uncovered, recovered or discovered during the course of any testing, salvage
archaeology or monitoring, as provided herein, on private property shall belong to the owner
of the property upon which such artifacts are found. Likewise, artifacts uncovered, recovered
or discovered during testing, salvage archaeology or monitoring on property belonging to the
City shall belong to the City. However, the City shall retain possession of artifacts from
private property for a period of up to two (2) years to allow for their property analysis,
cataloging, recording and conservation with written permission of the owner. Furthermore,
the City shall attempt to obtain written permission from property owners to secure permanent
ownership of the artifacts; otherwise, all retained artifacts are then to be returned to the
property owner as soon as such analysis, cataloging, recording, and conservation is
completed. Individuals and property owners are strongly urged to donate archaeological
artifacts to the City for long-term storage, care, protection and preservation.
b. The removal of human skeletal remains recovered in archaeological context in all instances
shall be coordinated with the local medical examiner, City, City Archaeologist and the State
Archaeologist. Such remains shall be dealt with in accordance with the provisions of
Chapter 872, Florida Statutes, and they are not subject to private ownership. Such material
shall be sensitively treated and following their analysis by a physical anthropologist, shall be
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curated at a designated repository or appropriately reburied. If at all possible, human burials
should not be removed, they should be left undisturbed in their original position.
21-184.04 - Curation of Artifacts
Artifacts from monitoring, salvage archaeology and testing efforts will be washed, cataloged,
analyzed, recorded and conserved by the City Archaeologist in compliance with the U. S.
Department of Interior curation standards, with written permission of the owner. If the artifacts are
permanently donated to the City they will be property preserved and stored. The City will be
responsible for determining the approved and acceptable repository for artifacts from the
archaeological program in the City and the City will strive to maintain consistency in curation
procedures and storage of materials in a minimal number of locations.
SECTION 21-185 - EMERGENCY ACTIONS
21-185.01 - Emergency Conditions: Designated Properties
In any case where the Certified Building Official determines that there are emergency conditions
dangerous to life, health or property affecting a landmark, a landmark site, or a property in a historic
district, he may order the remedying of these conditions without the approval of the Board or
issuance of a required certificate of appropriateness. The Certified Building Official shall promptly
notify the chairman of the Board of the action being taken.
21-185.02 - Emergency Actions: Non-Designated Properties
The City Council may call an emergency meeting to review a threat to a property that has not yet
been designated by the city but appears to be eligible for designation. The City Council may request
that a stop work order be issued by the Certified Building Official for a thirty (30) day period in order
to provide time to negotiate with the property owner to remove the threat from the property; the
Board shall seek alternatives that will remove the threat to the property. During the thirty (30) day
period, the City Council may initiate steps to designate the property under the provisions in this
chapter.
SECTION 21-186 - CONFORMITY WITH THE CERTIFICATE OF APPROPRIATENESS
21-186.01 - Conformity with the Certificate of Appropriateness
All work performed pursuant to a certificate of appropriateness shall conform all provisions of such
certificate. It shall be the responsibility of the Building Department to inspect from time to time any
work being performed to assure such compliance. In the event work is being performed not in
accordance with such certificate, the Certified Building Official shall issue a stop work order. No
additional work shall be undertaken as long as such stop work order shall continue in effect.
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SECTION 21-187 - MAINTENANCE AND REPAIR OF LANDMARKS, LANDMARK
SITES AND PROPERTY IN HISTORIC DISTRICTS
21-187.01 - Provisions
a. Every owner of a landmark, a landmark site or a property in a historic district shall keep in
good repair:
I. All of the exterior portions of such buildings or structures;
2. All interior portions thereof which, if not so maintained, may cause buildings or
structures to deteriorate or to become damaged or otherwise to fall into a state of
disrepair;
3. In addition, where the landmark is an archeological site, the owner shall be required
to maintain his property in such a manner so as not to adversely affect the
archeological integrity of the site.
b. The Board may refer violations of this section to the Building Department for enforcement
proceedings on any building or structure designated under this Article so that such building
or structure shall be preserved in accordance with the purposes of this article.
c. The provisions of this section shall be in addition to the provisions of the building code
requiring such building and structures to be kept in good repair.
SECTION 21-188 - PENALTY
21-188.01 - Penalty
Any person violating any of the provisions of this Article shall be fined not less than fifty dollars
($50.00), nor more than one hundred dollars ($100.00) for each offense. Each day's continued
violation shall constitute a separate offense. The Citizen Code Enforcement Board shall review any
violation of this article in accordance with the Board's procedure.
21-188.02 - Civil Penalties
In addition to the penalties provided in section 21-188, any person who violates any provision of this
article shall forfeit and pay to the city, civil penalties equal to the fair market value of any property
demolished or destroy in violation of this article or the Code to repair or rehabilitate any property
that is altered in violation of this article. In lieu of monetary penalty, any person altering property
in violation of the provisions of this article may be required to repair or restore such property.
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SECTION 21-189 - DEMOLITION PERMITS
21-189.01 - Requirements
Required: approval by the Recreation/Cultural Services Board; Hearing; exempt.
Prior to the issuance of a demolition permit pursuant to section 103 of the Standard Building Code
(1985) or the same section recodified of a later adopted version of the Standard Building Code, such
permit shall be reviewed and approved by the Edgewater Recreation/Cultural Services Board. The
Board shall hold a hearing for the purpose of approving or denying the demolition permit. The
hearing shall be advertised in a newspaper of general circulation in the city at least thirty (30) days
prior to the hearing. The Board shall approve the demolition permit only after finding that the
proposed demolition is in compliance with federal, state, county and city laws and ordinances
regulating the demolition of historic structures. The following shall be exempt from the
requirements of this section:
a. All structures less than fifty (50) years old;
b. All detached garages, carports, porches, utility buildings, and similar accessory structures;
and
c. All docks, boat houses, and similar structures.
21-189.02 - Immediate Demolition of Unsound Structures
Notwithstanding the aforesaid provisions of this section, the Certified Building Official may
authorize the immediate demolition of any structure in accordance with section 103 of the Standard
Building Code (1985) or the same section of a later adopted version of the Standard Building Code
when, in his opinion, the subject structure is so unsound that it is in imminent peril of collapse. The
Certified Building Official, after issuing a demolition permit under these circumstances, shall, within
thirty (30) days , provide a written report to the Board describing the action he has taken and
explaining the reasons for taking the action. The Board shall review the Certified Building Officials
report. Should the Board disagree with the action taken by the Certified Building Official, the Board
shall issue a written report to the City Manager. The City Manager shall review the Board's report
and the Certified Building Official's report. The City Manager shall take whatever action he deems
appropriated and provide a written report on his action to the Certified Building Official, the Board,
and the City Council.
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21-189.03 - Appeals of Final Decision
Final decisions under this section of the Board may be appealed to the City Council. The City
Council shall have the authority to affirm, modify, reverse or remand the decision of the Board.
Requests for appeal may be made to the City Manager or the City Clerk.
Sections 21-190 through 21-200 reserved for future use.
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