10-17-2011 A UTILITY RATE STUDY WORKSHOP WILL BE HELD AT 5:00 P.M., PRIOR TO THE
REGULAR COUNCIL MEETING, IN COUNCIL CHAMBERS
Voting Order
Councilman Kennedy
Councilwoman Bennington
Councilman Ignasiak
Councilman Cooper
Mayor Thomas
AGENDA
CITY COUNCIL OF EDGEWATER
REGULAR MEETING
OCTOBER 17, 2011
6:00 P.M.
COUNCIL CHAMBERS
We respectfully request that all electronic devices are set for no audible notification.
1. CALL TO ORDER, ROLL CALL, PLEDGE OF ALLEGIANCE, INVOCATION
2. APPROVAL OF MINUTES
a. Special Meeting — July 13, 2011
3. PRESENTATIONS /PROCLAMATIONS/PLAQUES /CERTIFICATES /DONATIONS
a. Bev Johnson from the YMCA to present the Edgewater findings from the Community
Healthy Living Index
b. Florida Health Care Plans presenting Work Force Wellness.
4. CITIZEN COMMENTS
This is the time for the public to come forward with any comments they may have. Citizen comments
relating to any agenda matter may be made at the time the matter is before Council. Please state your
name and address, and please limit your comments to three (3) minutes or less.
5. APPROVAL OR CHANGES/MODIFICATIONS TO THE AGENDA
6. CITY COUNCIL REPORTS
7. CONSENT AGENDA
All matters listed under the consent agenda are considered to be routine by the City Council and will be acted upon
by one motion. There will be no separate discussion of these items unless discussion is desired by a member of the
Council, in which case the Mayor will remove that item from the consent agenda and such item will be considered
separately.
a. Request for approval of the FY2011 -2012 Line of Coverage Insurance Premium in the
amount of $554,609 and authorization for the City Manager to bind coverage.
City Council Agenda
October 17, 2011
Page -2-
8. PUBLIC HEARING, ORDINANCES AND RESOLUTIONS
a. l Reading — Ordinance No. 2011 -0 -15 — Amending and Restating Article III (Permitted,
Conditional, Accessory and Prohibited Uses) of the Land Development Code.
b. l Reading — Ordinance No. 2011 -0 -16 — Amending and Restating Article VI (Sign
Regulations) of the Land Development Code.
9. BOARD APPOINTMENTS — None at this time
10. OTHER BUSINESS
a. Request for Council consensus for staff to proceed with proposed text amendments to the
Land Development Code and Code of Ordinances relating to alcohol consumption and/or
sales contemporaneously with Special Activity events.
11. OFFICER REPORTS
a. City Clerk
b. City Attorney
c. City Manager
12. CITIZEN COMMENTS
13. ADJOURN
The next City Council Meeting will be held on November 7, 2011 at 6:00 p.m.
Pursuant to Chapter 286, F.S., if an individual decides to appeal any decision made with respect to any matter
considered at a meeting or hearing, that individual will need a record of the proceedings and will need to ensure that a verbatim
record of the proceedings is made. The City does not prepare or provide such record.
In accordance with the Americans with Disabilities Act, persons needing assistance to participate in any of these
proceedings should contact City Clerk Bonnie Wenzel, 104 N. Riverside Drive, Edgewater, Florida, telephone number 386 -424-
2400 x 1101, 5 days prior to the meeting date. If you are hearing or voice impaired, contact the relay operator at 1- 800 -955-
8771.
AGENDA REQUEST
Date: October 5, 2011
PUBLIC
HEARING RESOLUTION ORDINANCE
BOARD OTHER
APPOINTMENT CONSENT October 17, 2011 BUSINESS
ITEM DESCRIPTION:
Lines of Coverage Insurance Premiums for the period from October 1, 2011 to September 30, 2012.
BACKGROUND:
Staff solicited renewals of all lines of coverage from our carrier Public Risk Insurance Agency. This
item updates the Council on the City of Edgewater's property, liability, automobile, workers
compensation and public officials' insurance renewal premium as solicited by our broker, Public Risk
Insurance Agency. Our broker was able to secure lower premiums due to lower risks associated with
our past claims experiences.
STAFF RECOMMENDATION:
Approve 2011/2012 Line of Coverage Insurance Premium in the amount of $554,609.
ACTION REQUESTED:
Motion to approve the 2011/2012 Line of Coverage Insurance Premium in the amount of $554,609
and authorize City Manager to bind coverage.
FINANCIAL IMPACT: The total cost for Insurance premiums is budgeted in the Fiscal Year 2011 —
2012 operating budget.
(Finance Director)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO
PREVIOUS AGENDA ITEM: YES NO X
If so, DATE: N/A AGENDA ITEM #
Respectfull submitted, Concurrence:
J•rathan McKinney Robin L. Matusick
Finance Director Paralegal
Tracey T. Barlow
City Manager
CITY OF EDGEWATER
PREMIUM RECAPITULATION
Revised as of 9 -20 -11
Annual Premium Check Option
Accepted Rejected
Property / Inland Marine / Equipment Breakdown $176,367 ❑ ❑
Crime / Employee Dishonesty $ 2,461 ❑ ❑
General Liability $ 44,548 ❑ [-1
Law Enforcement Liability $ 16,880 ❑ ❑
Public Officials / Employment Practices Liability $ 26,659 ❑ ❑
Automobile Liability & Physical Damage $ 58,478 ❑ ❑
Workers' Compensation $218,935 ❑ ❑
AD &D $ 2,222 CI ❑
Fiduciary Liability- Fire Fighters $ 2,188 ❑ ❑
Fiduciary Liability- General Employees $ 3,453 ❑ ❑
Fiduciary Liability- Police $ 2,418 ❑ ❑
I authorize PRIA to request the underwriters to bind coverage on the items indicated above and
acknowledge receipt of the Compensation and Financial Condition Disclosure(s) provided in this
proposal.
(Signature)
(Name & Title)
(Date)
Town �
PUBLIC RLSK INSURANCI AGENCY
Preferred COVERED PARTY: City of VERNMENTAL AGREEMENT NO PK FL1 0642003 11 -10
INSURANCE TRUST
AGREEMENT PERIOD: 10/01/2011 to 10/01/2012
YOU ARE ELECTING NOT TO PURCHASE CERTAIN VALUABLE COVERAGE WHICH
PROTECTS YOU AND YOUR FAMILY OR YOU ARE PURCHASING UNINSURED
MOTORISTS LIMITS LESS THAN YOUR BODILY INJURY LIABILITY LIMITS WHEN YOU
SIGN THIS FORM. PLEASE READ CAREFULLY.
Uninsured Motorist coverage provides for payment of certain benefits for damages caused by owners or operators of
uninsured motor vehicles because of bodily injury or death resulting there from. Such benefits may include payments for
certain medical expenses, lost wages, and pain and suffering, subject to limitations and conditions contained in the Coverage
Agreement. For the purpose of this coverage, an uninsured motor vehicle may include a motor vehicle as to which the bodily
injury limits are less than your damages.
Florida law requires that automobile liability coverage agreements include Uninsured Motorist coverage at limits equal to the
Bodily Injury limits in your coverage agreement unless you select a lower limit offered by the Trust, or reject Uninsured
Motorist entirely. Please indicate whether you desire to entirely reject Uninsured Motorist coverage, or, whether you desire
this coverage at limits lower than the Bodily Injury Liability limits of your Coverage Agreement:
a. I hereby reject Uninsured Motorist coverage.
❑ b. I hereby select the following Uninsured Motorist limits which are lower than my Bodily Injury Liability Limits:
each person (enter limit if applicable):
each accident.
❑ c. 1 hereby select Uninsured Motorist coverage limits equal to my Bodily Injury Liability limits. (If you select
this option disregard the bold face statement above.)
ELECTION OF NON - STACKED COVERAGE
(Do not complete if you have rejected Uninsured Motorist)
You have the option to purchase, at a reduced rate, non - stacked (limited) type of Uninsured Motorists coverage. Under this
form if injury occurs in a vehicle owned or leased by you or any family member who resides with you, this Coverage
Agreement will apply only to the extent of coverage (if any) which applies to that vehicle in this Coverage Agreement. If an
injury occurs while occupying someone else's vehicle, or you are struck as a pedestrian, you are entitled to select the highest
limits of Uninsured Motorist coverage available on any one vehicle for which you are a Named Covered Party, covered family
member, or covered resident of the Named Covered Party's household. This Coverage Agreement will not apply if you select
the coverage available under any other Coverage Agreement issued to you or the Coverage Agreement of any other family
member who resides with you.
If you do not elect to purchase the non - stacked form, your Coverage Agreement limit(s) for each motor vehicle are added
together (stacked) for all covered injuries. Thus, your Coverage Agreement limits would automatically change during the
Coverage Agreement term if you increase or decrease the number of autos covered under the Coverage Agreement.
❑ I hereby elect the non - stacked form of Uninsured Motorist coverage.
I understand and agree that selection of any of the above options applies to my liability Coverage Agreement and future
renewals or replacements of such Coverage Agreement which are issued at the same Bodily Injury Liability limits. If I decide
to select another option at some future time, I must let the Trust or my agent know in writing.
Signed
(Covered Party)
Signed Date:
PGIT 398 (07 05) (Covered Party)
The brief description of coverage contained in this document is being provided as an accommodation only and is not intended to cover or describe all Coverage Agreement terms. For more
complete and detailed information relating to the scope and limits of coverage, please refer directly to the Coverage Agreement documents. Specimen forms are available upon request.
Page 12
P re f erred VERNMENTAL SIGNATURE PAGE
INSURANCE TRUST
Covered Party: City of Edgewater
Agreement Number: PK FL1 0642003 11 -10
Coverage Period: From: 10/01/2011 to 10/01/2012
I hearby confirm that limits /coverages as shown hereunder, corresponding with the Coverage Agreement, are
correct:
X Property TIV $38,346,381 Buildings & Contents Combined
X Inland Marine $50,000 Communication Equipment
$1,947,191 Contractor's / Mobile Equipment
$714,181 Electronic Data Processing Equipment
$128,165 Emergency Services Portable Equipment
$10,000 Fine Arts
$10,000 Other Inland Marine
$50,000 Rented, Borrowed, Leased Equipment
$400,000 Valuable Papers
$13,820 Watercraft
X I reject property TRIA (Terrorism Risk Insurance Act) coverage
X Automobile 135 # of Units - Auto Liability
98 # of Units - Comprehensive
98 # of Units - Collision
X I hereby confirm that I have received a copy of PGIT's Current Interlocal Agreement (effective
October 1, 2004)
N/A I confirm having read and agreed to the terms as laid out in the attached PGIT Participation
Agreement (which also requires a signature)
Please remember that a signed copy of the following are also required:
• First Page of PGIT application
• Uninsured Motorist Rejection / Election form, if applicable
• Professional Liability (POL / EPLI or ELL / EPLI) application, if applicable.
Signature Title Date
Name
Please note: Failure to return this signature page could result in cancellation of coverage.
The brief description of coverage contained in this document is being provided as an accommodation only and is not intended to cover or describe all Coverage Agreement terms. For more
complete and detailed information relating to the scope and limits of coverage, please refer directly to the Coverage Agreement documents. Specimen forms are available upon request.
Page 13
AGENDA REQUEST
C.A. #2011 -TA -1104
Date: October 5, 2011
PUBLIC
HEARING October 17, 2011 RESOLUTION ORDINANCE X
BOARD OTHER
APPOINTMENT CONSENT BUSINESS
ITEM DESCRIPTION:
1 s ` Reading — Ordinance No. 2011 -0 -15 Amending and Restating Article III
(Permitted, Conditional, Accessory and
Prohibited Uses) of the City of Edgewater
Land Development Code (LDC).
APPLICANT /AGENT: City of Edgewater
REQUESTED ACTION: Approval of the proposed text amendments to the Land Development
Code.
Background: City staff proposes the following amendments to the above - referenced Article:
• Section 21- 33.05, Table III -3 — revising outdoor storage from a conditional use to an
accessory use in the B -2 (Neighborhood Business) zoning district;
• Section 21- 33.05, Table III -3 — revising general retail from a conditional use to an
accessory use in the B -4 (Tourist Commercial), I -1 (Light Industrial), 1-2 (Heavy
Industrial) and P /SP (Public /Semi - Public) &
• Section 21 -36.09 — removing the term "Gazebo" and establishing a threshold for the
number of days canopies /temporary carports and tents are permitted to be assembled.
STAFF RECOMMENDATION:
Staff recommends approving Ordinance 2011 -0 -15; amendments to Article III of the Land
Development Code.
ACTION REQUESTED:
Motion to approve Ordinance 2011 -0 -15.
FINANCIAL IMPACT:(Finance Director) N/A
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO X
PREVIOUS AGENDA ITEM: YES NO X
If so, DATE: AGENDA ITEM #
Respec fully submitted, Concurrence:
(
Darren Lear ' Robin L. Mat ick
Development Services Director Paralegal
ii
Tracey . Barlow
City anager
ORDINANCE NO. 2011-0-15
AN ORDINANCE OF THE CITY OF EDGEWATER,
FLORIDA, AMENDING AND RESTATING ARTICLE III
(PERMITTED, CONDITIONAL, ACCESSORY &
PROHIBITED USES), SECTION 21 -33 (USES AND
RESTRICTIONS) AND SECTION 21 -36 (ACCESSORY USE
REQUIREMENTS) OF CHAPTER 21 (LAND
DEVELOPMENT CODE); 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:
1. On July 10, 2000, City Council adopted Ordinance #2000 -0 -12 which enacted
Chapter 21 (Land Development Code) of the City of Edgewater Code of Ordinances.
2. On September 13, 2010, Council adopted Ordinance #2010 -0 -18 which amended
and restated Chapter 21 (Land Development Code), Article III (Permitted, Conditional,
Accessory & Prohibited Uses), and Section 21 -37 (Special Activity /Permit Requirements).
3. On May 16, 2011, Council adopted Ordinance #2010 -0 -05 which amended and
restated Chapter 21 (Land Development Code), Article III Section 21 -33 (Uses and Restrictions).
4. Adoption of this Ordinance will modify Section 21 -33 (Uses and Restrictions)
and Section 21 -36 (Accessory Use Requirements) of Article III.
NOW, THEREFORE, BE IT ENACTED by the People of the City of
Edgewater, Florida:
PART A. AMENDING AND RESTATING ARTICLE III
(PERMITTED, CONDITIONAL, ACCESSORY &
PROHIBITED USES), SECTION 21 -33 (USES AND
RESTRICTIONS) AND SECTION 21 -36 (ACCESSORY USE
REQUIREMENTS) OF CHAPTER 21 (LAND
DEVELOPMENT CODE), CITY OF EDGEWATER,
FLORIDA.
1
St hough passages are deleted.
Underlined passages are added.
#2011 -0 -15
Amend Chapter 21 (Land Development Code) of the City of Edgewater, Florida by
amending and restating Article III (Permitted, Conditional, Accessory and Prohibited Uses),
Section 21 -33 (Uses and Restrictions) and Section 21 -36 (Accessory Use Requirements) as set
forth in Exhibit "A" which are 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 by a court of competent jurisdiction, 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 by a court of competent jurisdiction,
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
accomplished such intention; provided, however, that Parts B through F shall not be codified.
PART E. EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
2
&fiEe- through passages are deleted.
Underlined passages are added.
#2011 -0 -15
PART F. ADOPTION.
After Motion to approve by and Second by , the
vote on the first reading of this ordinance held on October 17, 2011 was as follows:
AYE NAY
Mayor Mike Thomas
Councilman Michael Ignasiak
Councilwoman Gigi Bennington
Councilman Justin Kennedy
Councilman Ted Cooper
After Motion to approve by and Second by , the
vote on the second reading of this ordinance was as follows:
AYE NAY
Mayor Mike Thomas
Councilman Michael Ignasiak
Councilwoman Gigi Bennington
Councilman Justin Kennedy
Councilman Ted Cooper
3
Strike thrvugh passages are deleted.
Underlined passages are added.
#2011 -0 -15
PASSED AND DULY ADOPTED this day of , 2011.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Bonnie Wenzel Mike Thomas
City Clerk Mayor
Robin L. Matusick
Paralegal
For the use and reliance only by the City of Approved by the City Council of the City of
Edgewater, Florida. Approved as to form and Edgewater at a meeting held on this day of
legality by: Aaron R. Wolfe, Esquire , 2011 under Agenda Item No.
City Attorney .
Doran, Sims, Wolfe & Kundid
4
Strike- through passages are deleted.
Underlined passages are added.
#2011 -0 -15
Exhibit "A"
5
Strike h passages are deleted.
Underlined passages are added.
#2011 -0 -15
ARTICLE III
PERMITTED, CONDITIONAL, ACCESSORY, AND PROHIBITED USES
SECTION 21 -30 - GENERAL PROVISIONS III -1
21 -30.01 - Purpose III -1
21 -30.02 - District Boundaries III -1
21 -30.03 - Application of Districts I1I -2
21 -30.04 - Official Zoning Map I1I -2
21 -30.05 - Comprehensive Plan Consistency III -3
SECTION 21 -31- COMPREHENSIVE PLAN RELATIONSHIP III -3
21 -31. - Table III -1 I1I -4
SECTION 21 -32 - ZONING DISTRICT DESCRIPTIONS I1I -4
21 -32.01 - Zoning District Descriptions I11 -4
21 -32.01 - Table III -2 I11 -5
SECTION 21 -33 - USES AND RESTRICTIONS I1I -6
21 -33.01 - Purpose III -6
21 -33.02 - Permitted Uses III -6
21 -33.03 - Conditional Uses III -6
21 -33.04 - Accessory Uses III -6
21 -33.05 - Table 111 -3 III -7
SECTION 21 -34 - SPECIAL USE REQUIREMENTS 1I1 -12
21 -34.01 - Home Occupations I1I -12
21 -34.02 - Community Residential Homes (CRH) III -14
21 -34.03 - Institutional Residential Homes (also referred to as ALF's) 1II -15
21 -34.04 - Salvage Yards II1 -15
21 -34.05 - Refuse and Dumpsters III -16
21 -34.06 - Kennels III -16
21 -34.07 - Mini - warehouses III -17
21 -34.08 - Bed & Breakfasts III -18
21 -34.09 - Nursing Homes I1I -18
21 -34.10 - Residential Professional Offices III -18
SECTION 21 -35 - PROHIBITED USES III -19
21 -35.01 - Alcoholic Beverages III -19
SECTION 21 -36 - ACCESSORY USE REQUIREMENTS III -19
21-36.01 - Purpose 1I1 -19
21 -36.02 - General Regulations III -20
21 -36.03 - Outdoor Storage and Display: Commercial /Industrial III -20
21 -36.04 - Satellite Dishes and Antennas I1I -21
21 -36.05 - Places of Worship - Schools /Child Care III -22
21 -36.06 - Boathouses I1I -22
21 -36.07 - Boat Docks and Slips III -23
21 -36.08 - Boats as Dwelling Units III -23
21 -36.09 - Canopies /Temporary Carports and Tents /Gazebos III -23
21 -36.10 - Swimming Pools 11I -24
Article III
Rev. 05/16/1 I (Land Development Code)
*12/10
SECTION 21 -37 — SPECIAL ACTIVITY/PERMIT REQUIREMENTS III -26
21 -37.01 — Purpose /Scope I1I -26
21 -37.02 — Definitions III -27
21 -37.03 — Special Activity Permit Requirements 1I1 -28
21 -37.04 — Special Activity Permit Application Process 1I1 -28
21 -37.05 — Special Activity Permit Criteria II1 -29
21 -37.06 — Temporary Structures 1I1 -29
21 -37.07 — Inspections to Ensure Compliance 1I1 -29
21 -37.08 — Penalties III -30
21 -37.09 — Exceptions III -30
SECTION 21 -38 — FENCES, WALLS and HEDGES III -30
21 -38.01 — Purpose III -30
21 -38.02 — General Requirements III -30
21 -38.03 — Site Triangle Requirements I1I -31
Article III
ii
Rev. 05/16/1 1(Land Development Code)
*12/10
ARTICLE III
PERMITTED USES, CONDITIONAL USES,
ACCESSORY USES AND PROHIBITED USES
SECTION 21 -30 — GENERAL PROVISIONS
21 -30.01 — Purpose
In addition to the intent and purposes listed in Section 21 -30, the various zoning districts
established herein are intended to:
a. Establish the permitted, prohibited, conditional and accessory uses allowed for each parcel;
and
b. Provide for equal protection of property rights of each parcel of land without regard for its
classification; and
c. Streamline the land development decision process to the maximum extent possible; and
d. Provide reasonable opportunities for the provision of telecommunication facilities; and
e. Control the placement of signage to preserve property values and enhance the aesthetic
character of the City; and
f. Prevent cut - through traffic in residential neighborhoods to the maximum extent possible.
21 -30.02 — District Boundaries
Zoning districts are depicted as shown on the Official Zoning Map of the City of Edgewater,
Florida, as revised at the effective date of this Code, and made a part of the Article by reference.
When uncertainty occurs as to boundaries of zoning districts on the Official Zoning Map, the
following rules shall apply:
a. Boundaries are depicted to follow the centerline of streets, highways, alleys, or other public
right -of -ways and shall be construed to follow such lines;
b. Boundaries are depicted to follow platted lot lines, section lines, or tract lines and shall be
construed as following such lot lines;
c. Boundaries are depicted to follow political boundaries and shall be construed as following
such political boundaries;
Rev 05/16/11 (LandDevelopmentCode)
*12/10 I11 -1
d. Boundaries are depicted to follow railroad right -of -ways and shall be construed to be the
center line of the railroad right -of -way;
e. Boundaries are depicted to follow shorelines and shall be construed to follow such shorelines
even if the shorelines change;
f. Boundaries are depicted to follow the center lines of canals and shall be construed to follow
such center lines;
g. Boundaries shown to be parallel to the center line of streets, or the center line or right -of -way
line of highways, such district boundaries shall be construed as being parallel thereto and
such distance therefrom as indicated on the zoning maps. If no distance is given, such
dimension shall be determined by measuring from the Official Zoning Map;
h. Where a public road, street or alley is officially vacated or abandoned, the location of the
zoning district boundaries shall be the center line of the vacated right -of -way;
i. Where physical or cultural features existing on the ground are different from those shown on
the Official Zoning Map, or in case any other uncertainty exists, the Development Services
Director/Planning Director shall interpret the intent of the Official Zoning Map as to the
location of district boundaries.
21 -30.03 — Application of Districts
Except as provided in Section 21 -71 — Non - Conforming Uses, the enlargement, alteration,
conversion, relocation, rehabilitation, or reconstruction of any structure or building shall be in
accordance with regulations of the district in which said structure or building is located as well as
all applicable regulations of this Article.
All use of land and/or water shall be done so only in accordance with the applicable requirements
of this Article.
21 -30.04 — Official Zoning Map
a. The City of Edgewater is hereby divided into zoning districts and shown on the Official
Zoning Map as amended by the City Council. The Official Zoning Map shall be identified
by the signature of the Mayor, attested by the City Clerk and bearing the seal of the City
under the following words: "This is to certify that this is the Official Zoning Map referred to
in Chapter 21, of the Code of Ordinances."
b. No changes shall be made in the Official Zoning Map except as provided herein in Article
IX. Any unauthorized change of any kind by any person, or persons, shall be considered a
violation of this Article and be subject to the applicable enforcement provisions described in
Article X.
Rev 05/16/11 (LandDevelopmentCode)
*12/10 111 -2
c. Regardless of the existence of copies of the Official Zoning Map which may from time to
time be made or published, the Official Zoning Map shall be maintained in the official
records of the City.
d. In the event that the Official Zoning Map becomes damaged, destroyed, lost, or difficult to
interpret because of the nature of number of changes and additions, the City Council shall
adopt a new Official Zoning Map.
21 - 30.05 — Comprehensive Plan Consistency
The regulations contained herein are consistent with and implement the Comprehensive Plan
policies contained in the Future Land Use Element, Housing Element, Coastal Element and
Conservation Element.
SECTION 21 - 31 — COMPREHENSIVE PLAN RELATIONSHIP
Table III -1 shows which zoning categories are consistent with and implement the land use
categories in the Comprehensive Plan, particularly the Future Land Use Map (FLUM).
(See Page III -4)
Rev 05/16/11 (LandDevelopmentCode)
*12/10 111 -3
TABLE III -1
LAND USE AND ZONING COMPATIBILITY
Future Land Use Designation Compatible Zoning Districts
Low Density Transition RT
1.0 DU /net acre
Low Density Residential R -1, R -2, R -3, RPUD, RP, RT
1.0 to 4.0 DU /net acre
Medium Density Residential R -3, R -4, RPUD, MH -1, MH -2
4.1 to 8.0 DU /net acre
High Density Residential R -5, RPUD
8.1 to 12.0 DU /net acre
Commercial B -2, B -3, B -4, BPUD
Industrial I -1, I -2, IPUD
Recreation CN, RT, AG, R -1, R -2, R -3, R -4, R -5,
RPUD, RP, MH -1, MH -2, B -2, B -3, B -4,
BPUD, I-1, 1-2, IPUD, P /SP, R, EC, CC
Public /Semi - Public CN, AG, P /SP, R
Conservation CN, P /SP, R
Agriculture AG, R
Minimum 1 DU /2.5 net acre
Mixed Use RPUD, BPUD, IPUD, EC, CC
Minimum 15 acres; to 12 DU /net acre
DU = Dwelling Units
SECTION 21 -32 — ZONING DISTRICT DESCRIPTIONS
21 -32.01 — Zoning District Descriptions
Table 111 -2 summarizes the principal purpose for each zoning category. The minimum parcel
sizes are provided where applicable.
(See Page III -5)
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*12/10 111 -4
TABLE III -2
ZONING DISTRICT DESCRIPTIONS
Zoning District Title Category Purpose and General Description
Conservation CN Protection of wetlands, aquifer recharge & environmentally sensitive
areas.
Rural Transitional RT Provide for limited agriculture and provide for a transition between rural
and residential land uses — min. 1 acre lot.
SF Residential R -1 Single family residential — (1.0 to 4.0 units/net acre) min. 12,000 sq. ft. lot.
SF Residential R -2 Single family residential — (1.0 to 4.0 units/net acre) min. 10,000 sq. ft. lot
SF Residential R -3 Single family residential — (1.0 to 4.0 units /net acre) min. 8,625 lot.
MF Residential R -3, R -4 Medium density residential (4.1 to 8.0 units /net acre) — single family,
duplex, apartments, and townhouses.
MF Residential R -5 High density residential (8.1 to 12.0 units /net acre) — single family,
duplex, apartments, and townhouses.
Recreation R This zoning category includes parks and recreation facilities owned by
the City, as well as recreation facilities located at area schools that are
under lease to the City. This category includes land committed to both
active and passive recreational uses.
Residential Planned Unit RPUD Intended for mixed residential, personal service and limited retail
Development commercial with a single development plan —15 acre min. size parcel —
See Article V, Section 21 -58 for details.
Residential Professional RP Intended for office professional along SR #442 and a rezoning must be
Office accompanied by a site plan.
Mobile Home Park MH -1 Medium density residential (5.1 to 8.0 units /acre). Provide for mobile
home parks — min. 5 acre parcel (See Sec. 21 -71 for Non - Conforming
Parks).
Manufactured Home MH -2 Medium density residential (5.1 to 8.0 units /acre). Provide for
Subdivision manufactured home subdivisions — min. 50 acre parcel.
Neighborhood Business B -2 Intended for retail goods and services for frequent residential needs —
min. 10,000 sq. ft.
Public /Semi- Public P /SP Consists of public facilities and private not - for - profit uses such as
churches, schools, and cemeteries. All other public lands and facilities,
including but not limited to, government offices, post offices, hospitals,
utility sub - stations, water and wastewater treatment plants, fire stations,
and libraries are also included in this category.
Highway Business B -3 Intended for high volume highway related commercial uses — no min.
parcel size.
Tourist Commercial B -4 Intended for short term waterfront accommodations for visitors and
accessory uses, may include residential mixed use — min. 2 acres.
Business Planned Unit BPUD Intended for mixed commercial and limited multifamily residential with a
Development single development plan —15 acre min. parcel — Details in
Article V, Section 21 -58.
Light Industrial 1 -1 Intended for storage, light manufacturing, wholesaling and distribution
uses and adult entertainment — no min. parcel size.
Heavy Industrial 1 -2 Intended for heavy manufacturing uses — no min. parcel.
Industrial Planned Unit IPUD Intended for mixed industrial and limited commercial with a single
Development development plan —15 -acre min. parcel size — Details in Article V,
Section 21 -58.
Agriculture AG Intended for general agriculture uses — min. 2.5 -acre parcel — temporary
or hold zoning intended for future urban development.
Employment EC /CC Intended to allow a mix of uses to satisfy varying degrees of intensity
Center /Community Center and balance the residential and non - residential needs of the City.
Rev 05/16/11 (LandDevelopmentCode)
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SECTION 21 -33 — USES AND RESTRICTIONS
21- 33.01— Purpose
This portion of Article III depicts the permitted, conditional and accessory uses by zoning district
using the matrix format. The footnotes in Table III -3 refer to any applicable special criteria for
that use in the particular zoning district and are described in Section 21 -34 of this Article.
If a use is not present in a given square in the matrix, that use is not permitted in that zoning
district. Changes to the list of uses, the zoning districts and /or the permitted, conditional or
accessory use status of a given land use can only be changed by completing the Land
Development Code amendment process described in Article IX.
21 -33.02 — Permitted Uses
The use depicted as "P" in the matrix (Table III -3) means that it is permissible in that zoning
district as a matter of right, subject to satisfactory compliance with the project design standards
found in the Land Development Code and any applicable site plan review requirements in the
Land Development Code.
The list of permitted uses cannot be all inclusive. The uses described in Table I11 -3 shall be
interpreted by the Development Services Director/Planning Director to include other uses that
have similar impacts to those listed. Any dispute or request regarding interpretations shall be
resolved by the City Manager subject to an appeal to the City Council.
All permitted uses or businesses requiring business tax receipts shall operate from within a
permanent structure.
21 -33.03 — Conditional Uses
The use depicted as a "C" in the matrix (Table III -3) means that it is permitted in that zoning
district only after satisfactory completion of the conditional use process described in Article IX
or the satisfactory completion of a Planned Unit Development. Satisfactory compliance with the
applicable project design standards described in Article V and the concurrency requirements
described in Article XI must also be achieved prior to commencement of a project.
21 -33.04 — Accessory Uses
The use depicted as an "A" in the matrix (Table III -3) means a use that is incidental, related,
appropriate and clearly subordinate to the existing principle permitted use.
Rev 05/16/11 (LandDevelopmentCode)
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TABLE I1I -3 FOOTNOTES
The sections cited below identify special requirements for the listed land uses and are found on
the following pages. In addition, many of the proposed projects must also comply with the
requirements of Article IV — Natural Resource Protection, Article V — Site Design Criteria,
Article VI — Signs and Article XVIII - Indian River Boulevard — S.R. 442 Corridor Design
Regulations.
1. See Satellite Dishes, Section 21 -36.04 — Dishes greater than 39 centimeters in
diameter are required to obtain a building permit and otherwise conform to the site
development criteria.
2. See Telecommunications, Article XII for details.
3. See Bed & Breakfast, Section 21 -34.08 for details.
4. See Kennels /Boarding, Section 21 -34.06 for details.
5. See Mini - Warehouses, Section 21 -34.07 for details.
6. See Nursing Homes, Section 21 -34.09 for details.
7. See Outdoor Storage, Section 21 -34.04 and 21 -36.03 for details.
8. See Community Residential Homes, Section 21 -34.02 for details.
9. Limited to 6 or less, residents and no closer than 1000 feet to another Family
Residential Home.
10. See Institutional Residential Homes, Section 21 -34.03 for details.
11. Multifamily residential is permitted in BPUD only as part of a single
business /residential development plan — See Article V, Section 21 -57 for details.
12. See Salvage Yards, Section 21 -34.04 for details.
13. Residential Professional offices may be permitted as a conditional use in the R -2
district for certain properties abutting State Road #442. See Section 21 -34.10 for
details.
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14. No artificial lights or recreational activity within 25 feet of the perimeter of the
property line shall be permitted adjacent to residential property.
15. Places of Worship — Schools /Child Care, see Section 21 -36.05 for details.
16. Attached and detached aircraft hangars permitted in residential districts adjacent to
airport taxiways.
17. Outside application of flammable finishes and/or environmentally sensitive finishes
(spray painting) is strictly prohibited.
18. State license required.
19. Mining/Excavation is defined as the exploration for or extraction of surface or
subterranean compounds; which shall include oil and gas exploration and production,
and the mining of metallic and non - metallic minerals, sand, gravel, fill dirt, and rock.
20. Adult Entertainment is permitted in the I -1 (Light Industrial) zoning district with the
exception of properties with frontage on Park Avenue.
21. Internet/Sweepstakes Cafes, Pawn Shops and Tattoo Parlors /Body Piercing Studios
are permitted in the I -1 (Light Industrial) zoning district with the exception of
properties with frontage on Park Avenue. This section shall not apply to any existing
Internet/Sweepstakes Cafe locations, in operation and in compliance with chapter 205
and 849 Florida Statute, and Pawn Shops and Tattoo Parlors/Body Piercing Studios in
compliance with Florida Statute at the time of the passage of this ordinance, or has
submitted an application to the City for relocation prior to the passage of this
ordinance and said application is subsequently approved by the City. Such use may be
continued within the present zoning category as a nonconforming use subject to all
restrictions, limitations and requirements set forth in Article VII, Land Development
Code, and all other applicable provisions of the Code of Ordinances. However, any
change in ownership will remove said business or operation from this exception.
Change in ownership in the case of a partnership or corporation, for the purpose of
this section only, means more than fifty percent change in partners or shareholders
from the partners or shareholders owning the partnership or corporation as of the date
of passage of this ordinance. For purposes of any Internet/Sweepstakes Cafe deemed
a non - conforming use as described above, the provisions of Article VII, Land
Development Code pertaining to expansion and relocation shall be modified to allow
the non - conforming use to continue if expanded or relocated on a one -time basis
within the present zoning category if 1) the Internet/Sweepstakes Cafe deemed a
nonconforming use dedicated less than 25% of its square footage to
internet/sweepstakes activity in the original location prior to the expansion or
relocation, and 2) the Internet /Sweepstakes Cafe dedicates less than 25% of its square
footage to internet/sweepstakes activity after the expansion or relocation.
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a. No person or entity shall propose, cause or permit the operation of, or
enlargement of Internet/Sweepstakes Cafes, Pawn Shops and Tattoo
Parlors/Body Piercing Studios that would or will be located within, 1,000 feet
of a preexisting Internet/Sweepstakes Cafes, Pawn Shops and Tattoo
Parlors/Body Piercing Studios, within 500 feet of a preexisting commercial
establishment that in any manner sells or dispenses alcohol for on- premises
consumption, within 500 feet of a preexisting religious institution, within 500
feet of a preexisting park, or within 2,500 feet of a preexisting educational
institution. In this subsection the term "enlargement" includes, but is not
limited to, increasing the floor size of the establishment by more than ten
percent.
b. In addition to the distance requirements set forth in the subsection above,
Internet/Sweepstakes Cafes, Pawn Shops and Tattoo Parlors/Body Piercing
Studios shall not be allowed to open anywhere except in the I -1 district (with
the exception of parcels having frontage on Park Avenue) where
Internet/Sweepstakes Cafes, Pawn Shops and Tattoo Parlors/Body Piercing
Studios are an expressly permitted use.
c. The aforementioned distance requirements are independent of and do not
supersede the distance requirements for alcoholic beverage establishments
which may be contained in other laws, rules, ordinances or regulations.
SECTION 21 -34 — SPECIAL USE REQUIREMENTS
The following uses are subject to the special restrictions described below in addition to the
applicable natural resource standards described in Article IV and the project design standards
described in Article V.
21- 34.01— Home Occupations
The purpose of this Section is to provide criteria under which a home occupation may operate in
the City's residential districts. The Home Business Tax Receipt is designed to allow for office
type uses within a residence. No home business tax receipt shall be issued unless the City
determines the proposed home occupation (business) is compatible with the criteria shown
below:
a. The use must be conducted by a member, or members, of the immediate family residing on
the premises and be conducted entirely within the living area of the dwelling unit, not to
exceed twenty percent (20 %) of the dwelling unit space (excluding garage /carport) for the
home occupation.
b. No manufacturing, repairing, storing, or other uses that are restricted to commercial and
industrial districts are allowed.
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c. No chemicals /equipment, supplies or material, except that which is normally used for
household domestic purposes, shall be used or stored on site.
d. Noise, dust, odors or vibrations emanating from the premises shall not exceed that which is
normally emanated by a single dwelling unit. Activities that cause a nuisance shall not be
permitted in residential areas.
e. No electrical, electro- magnetic or mechanical equipment that causes any interference or
excessive noise to adjacent dwelling units shall be installed or operated.
f. No products, services, or signage may be displayed in a manner that is visible from the
exterior of the dwelling unit, except signage required by state law.
g. Except as provided in Section 21- 35.03, no commercial vehicles or equipment shall be
permitted in the driveway, or adjacent public right -of -way, including commercial vehicles
used for mobile vending and no delivery of commercial products for the use of the business
tax receipt shall be allowed. Normal /routine UPS, FedEx, or over -night mail shall not be
considered commercial deliveries.
h. The use of typewriters, computers, printers, photocopiers and fax machines will be permitted
for office use and small machinery such as hand drills and small jigsaws for hobbyist uses.
Hobbyist uses shall be limited to $500 in total inventory.
i. All home occupations shall be required to obtain a home business tax receipt pursuant to the
requirements of Chapter 11 of the City Code of Ordinances prior to initiating operation.
j. Garages, carports or similar structures, whether attached or detached shall not be used for
storage of material or manufacturing concerning the home occupation (other than storage of
an automobile).
k. Any home business tax receipt that generates more than 10 vehicle trips per day shall require
a City fire inspection. Excessive traffic shall not be permitted other than routine residential
traffic.
1. An applicant may appeal the denial of an application to the City Council pursuant to the
requirements of the Land Development Code.
m. No home business tax receipt shall be issued for any property until such time that any Code
Compliance issues are resolved.
n. If the applicant does not own the property, said applicant shall provide a signed and notarized
affidavit from the property owner permitting a Home Occupation on their property, provided
the use is permitted by the City.
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21- 34.02— Community Residential Homes (CRH)
The purpose of this Section is to establish criteria for the placement of Community Residential
Homes as defined in F.S. 419.001(a), and limit their location to areas zoned for multi - family
development.
a. All Community Residential Homes shall be required to obtain a City business tax receipt.
Pursuant to the requirements of Chapter 205.1965, F.S., the City shall not issue said receipt
unless the applicant has a state license and substantially meets the criteria listed herein.
b. All facilities shall comply with the minimum parcel area and dimensional requirements of the
zoning district in which the facility is located.
c. Community Residential Homes shall be used only for the purpose of providing rehabilitative
or specialized care, and may not be used for administrative or related office -type activities,
other than those in support of the facility.
d. No counseling or other client services for non - residents shall be permitted in a CRH.
e. A CRH shall be similar in appearance to the prevailing character of the area in which the
proposed site is located. Similar means within 125 percent of the average floor area, height,
and/or architectural style of any other dwelling units in the adjacent area.
f. On -site signage shall be a low profile sign with a maximum height of 8 feet and a maximum
area of 16 square feet.
g. The proposed CRH shall provide a minimum 4 -foot (4') high fence on all property lines.
h. The proposed CRH shall comply with the appropriate project design standards described in
Article V.
i. The proposed CRH shall comply with all appropriate Florida Fire Prevention Codes and
Building Code requirements.
j. The minimum dwelling unit size for each resident shall be 750 square feet.
k. There shall be no more than fourteen (14) residents permitted in a structure on a parcel
designated as Medium Density Residential or High Density Residential on the City's Future
Land Use Map.
1. Each CRH shall provide a responsible supervisory person on duty at all times while residents
are on the premises. The minimum staffing levels required by the State, or other licensing
agency, shall be maintained at all times.
m. Failure to substantially comply with all these criteria shall subject the property owner, and /or
the applicant, to the enforcement provisions of Article X.
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n. A Community Residential Home shall not be located closer than 1,200 feet (1,200') to
another CRH or closer than 500 feet (500') of a parcel zoned AG, RT, R -1, R -2, or R -3. [See
Chapter 419.001 F.S.]
o. All distance requirements shall be measured from the nearest point of the existing CRH
property line, or the zoning district described above, whichever is greater.
p. Each facility shall be required to obtain an appropriate license prior to receiving an
occupational license from the City and Volusia County. The City will inspect facilities for
compliance with Florida Fire Prevention Codes.
21 -34.03 — Institutional Residential Homes (also referred to as ALF's)
The purpose of this Article is to provide regulations to protect the adjacent property values while
allowing the institutional home to operate. For this purpose of this Code, assisted living facilities
(ALF) shall be considered as an Institutional Residential Home.
a. A minimum 4 foot (4') high fence shall be provided at all times.
b. Full time on -site management shall be provided at all times.
c. Minor on -site medical care may be provided at the option of the operator.
d. Each resident shall have the minimum square footage of personal living area for their use, as
required by the State.
e. Each facility shall be required to obtain an appropriate license prior to receiving an
occupational license from the City and Volusia County. The City will inspect facilities for
compliance with Florida Fire Prevention Codes.
21 -34.04 — Salvage Yards
The purpose of this Section is to control the operation of salvage yards and similar uses.
a. Salvage yards shall comply with the conditional use standards for the 1 -2 zoning district. I
b. The site shall be a minimum of 40,000 square feet and a maximum of 200,000 square feet,
and shall conform to the buffer yard requirements described in Article V, Section 21 -54.
c. All sites shall be enclosed by an eight foot (8') high stockade fence or masonry wall.
Existing sites with chain link fence may be enclosed with slatting. New sites shall require
stockade fencing or masonry wall.
d. Nothing stored shall be visible above the height of the fence or wall.
e. A City of Edgewater Business Tax Receipt shall be required.
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f. No storage or parking of items under control of the salvage yard shall be permitted outside of
the fence or wall.
21 -34.05 — Refuse and Dumpsters
The purpose of this Section is to control the placement and operation of refuse and dumpsters
and similar such uses.
a. Dumpsters on commercial, industrial and multi - family properties shall be enclosed from
view with a six foot (6') high stockade fence, or masonry wall and gate. Existing sites with
chain link fence may be enclosed with slatting. New sites shall require stockade fencing or
masonry wall. Dumpsters and dumpster pads shall not be required for properties zoned RP
(Residential Professional).
b. No dumpsters, containers or containment areas shall be permitted in any public right -of -way.
c. Gates shall be kept closed at all times except on designated pick up days.
d. Non - residential properties located within 150 -feet of a residential property line or noise
sensitive zone (as defined in the Noise Ordinance) shall not have dumpsters and/or containers
delivered, emptied or removed between the hours of seven p.m. (7:00 p.m.) and seven a.m.
(7:00 a.m.) on weekdays and seven p.m. (7:00 p.m.) and eight a.m. (8:00 a.m.) on weekends
or holidays. Dumpsters and/or containers cannot be delivered, emptied or removed during the
hours of ten p.m. (10:00 p.m.) and six a.m. (6:00 a.m.) in non - residential properties which are
not within 150 -feet of a residential property line or noise sensitive zone.
e. All construction projects shall have a dumpster located on -site for placement of construction
debris for all new construction and additions exceeding 600 - square feet.
f. Containment areas and construction project areas shall be maintained in a clean and orderly
manner at all times so as to not produce a nuisance.
g. Newly developed/redeveloped non - residential projects and multi - family projects over four
(4) units shall provide an adequate quantity of on -site dumpsters.
21 -34.06 — Kennels
The purpose of this Section is to minimize conflicts of noise, odor, and health hazards created by
kennels. In addition to the regulations as set forth within the district(s) in which the use is
located, the following minimum regulations shall apply:
a. Commercial kennels are limited to the raising, breeding, boarding, and grooming of
domesticated animals. Farm animals such as pigs and chickens or exotic animals such as
snakes are expressly prohibited.
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b. All runs shall be equipped with drains provided every 10 feet (10') and connected to a
sanitary facility approved the City Engineer.
c. No animal having a disease harmful to humans shall be boarded or maintained in the facility.
d. No building or other structure nor any dog run shall be located within 150 feet (150') of any
residential use.
e. Dog runs adjacent to a residential use shall not be used between the hours of 10 P.M. and 7
A.M.
f. Kennels are required to receive a commercial kennel license from the Volusia County
Animal Control Department and a City of Edgewater Business Tax Receipt after receiving a
Certificate of Occupancy from the City.
g. See Chapter 5 of the Code of Ordinances, City of Edgewater, Florida for additional
regulations.
21 -34.07 — Mini - warehouses
Mini - warehouses may be permitted under the following conditions:
a. Mini - warehouse buildings shall be screened from the public right -of -way by a minimum of a
six foot (6') high stockade fence or masonry wall with a ten foot (10') wide landscape buffer
planted adjacent to the street side on all boundaries facing residential districts. Existing sites
with chain link fence may be enclosed with slatting. New sites shall require stockade fencing
or masonry wall.
b. The project shall be completely fenced, walled, and designed to limit ingress and egress
through a controlled and lockable access point. This shall be limited to one (1) two (2) way
access points or two (2) one (1) way access points.
c. Mini - warehouse units shall not contain any provision for electrical outlets, potable water, or
sewer services within the confines of the warehouse units. Hose bibs for cleaning purposes
may be installed outside of the warehouse structures.
d. Bathroom facilities shall be provided at a central facility in accordance with the Standard
Plumbing Code.
e. Mini - warehouses are to be used solely for storage purposes. No other commercial use or
business shall be permitted within the facility unless permitted as part of a Master Plan.
However, one (1) office unit attached by common walls or floors as a part of the mini -
warehouse facility may be provided for use of the warehouse manager.
f. No storage of flammables, weapons, ammunition, explosives, hazardous, or illegal
substances or materials is allowed.
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g. Mini - warehouses may be permitted as a conditional use in the B -3 and BPUD District when
located at least 100 feet (100') from the front property line and where in that 100 feet (100')
the property is developed.
h. A City Business Tax Receipt shall be required.
21 -34.08 — Bed & Breakfasts
a. Bed and breakfast accommodations, as defined in Section 21 -20 shall require off - street
parking at 1 space/bedroom, plus residential parking requirements.
b. Landscaping shall be provided as required for hotel /motel uses.
c. One (1) sign not to exceed six (6) square feet.
d. A City Business Tax Receipt is required.
21 -34.09 — Nursing Homes
a. Nursing home sites shall front on a major collector or arterial roadway.
b. Buffering shall be provided based on land use intensity and comply with the landscaping
requirements of Section 21 -54.
c. A City Business Tax Receipt is required.
21 -34.10 — Residential Professional Offices
Residential Professional Offices are permitted as a conditional use and require site plan approval.
Residential Professional Offices are permitted only along S.R. 442, east of Pinedale Road and
west of U.S. Highway 1. Residential Professional Office site plans shall be provided with a
Zoning Map Amendment application and shall include:
a. The property must have a minimum frontage of 100 -feet along S.R. 442.
b. One ground sign not to exceed sixteen (16) square feet of display area and an overall height
of eight feet (8').
1. Ground Sign Planter Specifications. Vertical structure supports for ground
signs shall be concealed in an enclosed base. The width of such enclosed base
shall be equal to at least two - thirds (2/3) the horizontal width of the sign surface.
A planter structure shall enclose the foot of the base. The planter shall be
between two feet (2') and three feet (3') in height above the ground, with a
minimum length equal to the width of the sign and a minimum width of three feet
(3'). The materials will be consistent with the sign and principal structure. The
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planter shall be irrigated and planted with low shrubs, ornamentals or flowers.
Such plantings shall be maintained indefinitely.
2. Ground Sign Setback. The leading edge of the sign shall be setback a minimum
of ten feet (10') from the right -of -way.
3. Movement. No ground sign nor its parts shall move, rotate or use flashing lights.
4. Prohibited Signs. Signs that are prohibited in the Indian River Boulevard
Corridor include animated signs, billboards, off-site signs, flashing signs, snipe
signs, portable signs (trailer signs), roof signs, beacon lights, bench signs, trash
receptacle signs, gutter signs, signs on public property, immoral display,
obstruction, streamers, spinners and pennants.
c. Commercial building code requirements shall be met.
d. A City Business Tax Receipt is required.
e. All development and/or redevelopment shall conform to the site design criteria as defined in
Article V and Article XVIII of the Land Development Code
f. Professional office uses are restrictive and shall be designed to primarily serve the populace
of the general vicinity.
SECTION 21 -35 — PROHIBITED USES
21- 35.01— Alcoholic Beverages
No alcoholic beverage establishments, i.e., establishments engaged in the sale of alcoholic
beverages for on- premises consumption, shall be located within 500 -feet of an established
church or school with the following exception:
a. Any location licensed as a restaurant, which derives at least 51- percent of their gross
revenues from the sale of food and nonalcoholic beverages, pursuant to Florida Statutes.
SECTION 21 -36 — ACCESSORY USE REQUIREMENTS
21 -36.01 — Purpose
This Section includes those accessory uses and detached structures that are subordinate to the
main use or building or located on the same lot. The term other accessory buildings shall
include, but not be limited to such structures as greenhouses, gazebos, storage buildings, storage
shed, garages, carports and the like.
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21 -36.02 — General Regulations
a. The principle permitted use must be built or permitted prior to a permit for an accessory use
is permitted.
b. All accessory uses, buildings and structures shall be located on the same lot as the principle
or permitted use.
c. No accessory use, building or structure shall exceed the height limit shown in that district.
d. Accessory buildings shall not be rented or otherwise used as a dwelling unit.
e. No accessory structure may be located within a public right -of -way or public easement.
f. All accessory structures are required to obtain a building permit.
g. No accessory structure may be located in any front yard in any zoning district.
h. Accessory buildings shall conform to the setback requirements described in Table V -1.
i. No accessory building may be located within any required parking area, landscape area or
stormwater facility area.
j. Accessory buildings shall be limited to 2 per parcel.
k. Storage sheds of 120 sq. ft. or less may be located five (5') feet from rear and side property
lines.
21 -36.03 — Outdoor Storage and Display: Commercial/Industrial
The purpose of this Section is to provide regulations for the location of outdoor storage and
display facilities where such storage is an accessory use and a part of normal operations on the
premises.
a. Outdoor storage and display may be permitted in conjunction with the uses allowed in certain
commercial and industrial districts as indicated in Table II1 -3. Such outdoor storage or
display shall not be located adjacent to any residential district or use unless such storage or
display is screened from the view of the neighboring residential district or use.
b. No outdoor storage may be located in any required front yard, parking areas, fire zones,
loading areas or access lanes.
c. All outdoor storage areas shall be screened from view by a six foot (6') high stockade fence
or masonry wall. However, the wall or fencing shall not interfere with the flow of traffic
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entering or leaving the site. Existing sites with a chain link fence may be enclosed with
slatting. New sites shall require stockade fencing or masonry wall.
d. Loose materials such as sand, Styrofoam, cardboard boxes, mulch, compost areas, and
similar materials, which are subject to being scattered or blown about the premises by normal
weather conditions, shall be contained by an adequate enclosure. No outdoor storage area or
building shall be located in a public right -of -way, utility or drainage easement.
e. Commercial outdoor display of merchandise may be permitted as an accessory use within the
required front, side or rear yard areas, providing that such outdoor display shall not be
located adjacent to a residential street.
f. Outdoor display of vehicles, watercraft, etc., for sale shall be set back no less than ten feet
(10') from the front and side corner property line and five feet (5') from the interior side and
rear property line. Landscaping shall be installed in this area on any adjacent local street.
g. All display merchandise and related display equipment shall be removed at the close of
business each day. No outdoor display areas shall be permitted within required parking
spaces or areas, public sidewalks or pedestrian or vehicular access areas, parking aisles,
driveway entrances or exits.
h. All unattended machines dispensing a product, with the exception of ice and water machines,
LP gas, newspaper machines (general circulation), shall be located indoors.
21 -36.04 — Satellite Dishes and Antennas
The purpose of this Section is to control the location of satellite dishes and antennas in order to
allow their use without sacrificing property values. Telecommunication tower location and site
development standards are found in Article XII.
a. Privately owned ham radio antennas, citizens band radio and/or satellite dish antennas shall
be considered accessory uses. All other such facilities belonging to companies whose
business involves the reception or transmissions of wireless communication signals shall be
considered commercial uses.
b. Pursuant to the Federal Telecommunications Act of 1996, satellite dishes 39 centimeters
(approximately 36 inches) or less in diameter shall not require an installation permit.
c. A satellite dish greater than 36 inches (36 ") in diameter shall require a building permit from
the City.
d. Except as provided in Article XII, antennas and satellite dishes greater than 36 inches in
diameter shall be set back five feet (5') from side and rear lot lines or easements.
e. No satellite dishes larger than 39 centimeters (approximately 36 inches) or antennas shall be
permitted in the front yard of any parcel.
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f. The required setback shall be measured from the closest point of the outermost edge of the
antenna or satellite dish to the property line.
g. Except as provided in Article XII, the height restrictions for antennas and satellite dishes
shall not exceed the height limit in that district.
21 -36.05 — Places of Worship — Schools /Child Care
The purpose of this Section is to establish criteria for the operation of schools and recreation
facilities as an accessory use associated with places of worship.
a. A school operated by a place of worship shall not be permitted to locate within 25 feet (25')
of property used as residential.
b. Recreation areas associated with places of worship shall not use artificial site lighting at night
unless shielded from adjacent residential areas.
c. No recreational activity shall be located closer than 25 feet (25') to an adjacent parcel.
d. The front yard of a place of worship shall be on an arterial or collector roadway.
e. The building design for new construction shall be substantially similar to the design of the
existing structures. No portables, trailers or like buildings are permitted.
f. Parking and service areas shall be located away from adjacent parcels.
21 -36.06 — Boathouses
The following regulations shall apply to boathouses in all the R -1, R -2, R -3, R -4 and R -5
districts.
a. Height of boathouses: No boathouse shall be erected or altered to a height exceeding fifteen
(15') feet from mean high water.
b. Boathouse setback: No boathouse shall be built less than five (5') feet from the established
bulkhead line or less than ten (10') feet from any side lot line. If no bulkhead line is
established, then the mean high tide watermark shall be used as the line of measurement.
c. Accessory building attached to boathouse: No accessory building which is attached to a
boathouse and a part thereof shall be erected or altered less than twenty (20') feet away from
the established bulkhead line. If a bulkhead line is not established, then the mean high water
mark shall be used as the line of measurement.
d. Detached accessory building to boathouse: A detached accessory building to a boathouse is
prohibited in the R -1, R -2, R -3, R -4 and R -5 residential districts.
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e. Area of boathouses: No boathouse or similar structure shall exceed twenty (20') feet in
width measured on a line parallel to the established bulkhead line or exceed forty (40') feet in
depth measured at right angles to the established bulkhead line. If a bulkhead line is not
established, then the mean highwater mark shall be used as a line of measurement.
21 -36.07 — Boat Docks and Slips
a. Boat docks and slips for mooring pleasure boats, yachts and non - commercial watercraft shall
be permitted in accordance with Volusia County's Manatee Protection Plan in any residential
district as an accessory use to the residential use.
b. If no bulkhead line is established, then the mean highwater mark shall be used as the line of
measurement.
21 -36.08 — Boats as Dwelling Units
No boat or vessel shall be used or maintained as a dwelling unit which is not sound, seaworthy
and equipped with sanitary facilities that are either:
a. Connected to a public sewer system, or
b. Have a self - contained waste treatment system.
21 -36.09 — Canopies/Temporary Carports and Tents /Gazebos
a. Owners of canopies /temporary carports and tents/gazebos shall be required to secure the
above objects so as to prevent them from becoming airborne or from leaving the property
where installed, as well as keep them in a good state of repair.
b. The below specifications are intended to be minimum only and are no indication or guarantee
of fitness for securing the temporary items covered under this Section. Quantities and sizing
will vary by the size of the item being secured.
1. All tie downs must be secured to solid, immoveable objects such as: mobile
home anchors, concrete driveways, buildings, etc., or as per manufacturer's
installation instructions or engineer's specifications.
2. All tie down leads must be a minimum of 3/16" galvanized or stainless steel cable
or a minimum of 3/8" true nylon rope, (not polyethylene, polypropylene or
polyester) or sized as per manufacturer's installation instructions or engineer's
specifications.
3. It is forbidden to use concrete blocks or weights of any kind as a method of tie
down, because attaching weight or other moveable objects to canopies /temporary
carports and tents, gazebos can cause those weights to be catapulted by wind lift.
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c. Canopies /temporary carports shall be located in the driveway, immediately parallel to the
driveway, in the side yard or back yard, but at no time shall they extend over the property
line or into the public right -of -way. There shall be a limit of one such canopy /temporary
structure in the front setback/front yard area and shall be as far from the front property
line /street as the yard size or driveway permits. This location must not cause a safety
problem. No enclosing or side tarps will be allowed in the front setback/front yard area.
d. Tarps /tops of temporary structures shall be removed during hurricane warning conditions.
c. Usc of such canopies within the front setback/front yard, shall be limited to cover
automobiles, watercraft, watercraft trailers, motor homes, trailers, recreational vehicle
trailers, campers and othcr motorized vehicles.
e. Canopies /temporary carports and tents not related to a special activity event pursuant to
Section 21 -37 shall not be erected for more than a seven (7) day period and for no more than
fourteen (14) days total in a six (6) month period.
21 -36.10 — Swimming Pools
a. Definitions
As used in this Article, the following terms shall have the respective meanings ascribed to them:
Residential swimming pool: Any swimming pool used or intended to be used solely by the
owner, operator or lessee thereof and his family, and by guests invited to use it without charge or
payment of any fee.
Swimming Pool: A body of water in an artificial or semi - public or private swimming setting or
other water - related recreational activity intended for the use and enjoyment by adults and/or
children, whether or not any charge or fee is imposed upon such adults or children, operated and
maintained by any person, and shall include all structures, appurtenances, equipment, appliances
and other facilities appurtenant to and intended for the operation and maintenance of a swimming
pool. This definition shall include whirlpools, spas, and hot tubs unless separately identified and
shall exclude 110 -volt plug -in Jacuzzi/hot tubs.
Wading pool: Any pool with a surface area of less than two hundred fifty (250) square feet and
less than twenty -four (24) inches in depth at any point. Wading pools shall not be required to
comply with this Article.
b. Permit — Application; plans and specifications
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1. Application: Before the erection, construction or alteration of any swimming pool
has begun, an application for a permit shall be submitted to the Building Official
for approval.
2. Plans and specifications: The application shall be accompanied by two (2) sets of
full and complete plans and specifications of the pool, including a survey of the
lot showing distance between buildings or structures and the distance from all
property lines. Plans must show method of compliance with the Pool Safety Act,
F.S. 515.
c. Structural Requirements
1. General: All swimming pools whether constructed of reinforced concrete,
pneumatic concrete, steel, plastic or others, shall be designed and constructed in
accordance with the requirements of the Florida Building Code, 424 and accepted
engineering principles.
d. Location
1. Front yard and side corner yard swimming pools are prohibited.
2. No swimming pool shall be constructed closer than five (5) feet from any building
without engineering, nor within any easement or ten (10) feet from any property
line, unless a Development Agreement or P.U.D. Agreement is established for the
property.
e. Enclosures
1. All swimming pools, unless entirely screened in, shall be completely enclosed
with a fence or wall at least four feet (4') high, and so constructed as to not be
readily climbable by small children. All gates or doors providing access to the
pool area shall be equipped with a self - closing and self - latching device installed
on the pool side for keeping the gates or doors securely closed at all times when
the pool area is not in actual use, except that the door of any dwelling which
forms a part of the enclosure need not be so equipped, per Child Safety Act, F.S.
515.
2. All whirlpools, spas or hot tubs unless entirely screened in or equipped with a
lock down cover shall be completely enclosed with a fence or wall at least four
feet (4') high and so constructed as to not be readily climbable by small children,
and comply with the Child Safety Act, F.S. 515.
f. Filtration and recirculation system
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All swimming pools shall be equipped with a filtering and recirculation system and such systems
shall be compliant with all applicable requirements as set forth by the American National
Standards Institute.
g. Electrical wiring
All electrical wiring must comply with the National Electrical Code (NEC).
h. Plumbing
When plumbing is connected to City service for water supply, all plumbing shall be in strict
accordance with the local plumbing code. When water is supplied from sources other than City
connected service to family pools, then plastic pipe stamped and approved one hundred (100) by
an ASTM laboratory may be accepted, if inspected and approved by a licensed plumbing
inspector.
i. Discharge water
Water being discharged from the pool or from the back flushing of the filtering system may be
discharged to a storm sewer, dry well, seepage pit, or through an irrigation system or other
approved method by the City. Discharge water may not be discharged into a sanitary or
combined sewer.
j Rim height
The overflow rim of all swimming pools shall be a minimum grade above surrounding ground
level and in all cases sufficiently high enough to prevent groundwater from flowing into the pool.
k. Walkway
A walkway of concrete or other approved materials shall surround all swimming pools from the
overflow rim outward a distance of three feet (3') for at least two - thirds (2/3) of the pool
perimeter and shall be so designed that water cannot drain from the walkway into the pool.
1. Overflow Skimmer
A beam overflow skimmer shall be required and be designed so that debris caught in it will not
be washed back into the pool by water movements.
SECTION 21 -37 — SPECIAL ACTIVITY/PERMIT REQUIREMENTS
21- 37.01— Purpose /Scope
To establish policies and procedures pertaining to special activities, including but not limited to,
outdoor entertainment, to ensure compliance with all applicable City, County and State
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requirements. A special activity permit will be required of all special activities held within the
City of Edgewater.
21 - 37.02 — Definitions
Charitable event /activity — is an event/activity or cause sponsored by a business or non - profit
organization for the purpose of soliciting aid, assistance or contributions for benevolent
purposes. To qualify as a charitable event/activity; all profits (net difference of gross revenues
less expenses) must be given to the charitable cause for which the charitable event/activity was
organized. For purposes of this definition, a charitable event/activity can not exceed one (1) day.
Each charitable event/activity permit application shall adhere to the special activity permitting
process as defined in Section 21- 37.04. For the purposes of this definition, a charitable
event/activity does not include an event/activity with the primary purpose of carrying on
propaganda or otherwise attempting to influence legislation, and does not include an
event/activity with the primary purpose of raising funds or garnering support for a political
campaign on behalf of (or in opposition to) any candidate for public office.
City sponsored activity — sponsored or co- sponsored by the City Council or any City Department
for the benefit of the residents of the community.
Civic group/non-profit organization — any group that meets for the improvement of the
community and whose main function is to make the community a better place to live either by
deed, donations of time or finances. A tax - exempt certificate is not necessary if the group meets
the above stated criteria.
Community activity - activities which take place on City owned or controlled property in which
the general public is invited to participate.
Live entertainment - entertainment in the form of music, singing, speaking or similar activities
that are enhanced by amplification equipment. This includes bands, concerts, performances,
karaoke and disk jockey functions.
Outdoor entertainment — entertainment in the form of music, singing, speaking and similar
activities, amplified or non - amplified that is located outside of or partially outside of the area of
the sponsoring property permitted for normal retail sales or services.
Private business - any business enterprise operating for the purpose of creating a profit.
Special activity — any public or private activity held within the City of Edgewater in which it can
be reasonably anticipated that the number of persons attending the activity will exceed the on-
site parking, seating or sanitary facilities available at the premises upon which activity will take
place and that services will be required beyond that which are regularly provided by the City
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such as additional traffic control, crowd control, fire and/or emergency services, street closures,
cleanup or other municipal services.
Special activity permit — a permit issued by the City to authorize a special activity.
Sponsor /promoter — any person, group or entity ultimately responsible in full or part for
producing, operating, sponsoring or maintaining a special activity.
21 -37.03 — Special Activity Permit Requirements
a. The uses authorized by a Special Activity Permit are temporary and all permitted
improvements shall be removed within five (5) days of the completion of the special activity.
b. The number of special activities at any given location or address shall not exceed:
1. One 10 -day period and two 1 -day charitable events /activity between the period of
January 1 through June 30 and
2. One 10 -day period and two 1 -day charitable events /activity between the period of
July 1 through December 30.
3. The City Council may grant an exemption to the number events /activities
permitted per year for a specific location or address. The exemption shall not be
granted for more than a one (1) year period. All other requirements contained in
this Section shall apply.
c. Outdoor entertainment/amplified sound in conjunction with a special activity shall be
permitted only between the times of 1:00 p.m. to 10:00 p.m., unless otherwise authorized by
the City.
21 -37.04 — Special Activity Permit Application Process
a. A special activity permit will be required for each special activity held within the City of
Edgewater. No special activity permit will be required for any event sponsored or co-
sponsored by the City if it is occurring on public property.
b. A special activity permit application must be completed and submitted to the Development
Services Department for review by City staff at least 60 -days in advance of the activity for
special activity permits that are required to go before City Council for approval and 21 -days
for special activity permits that only require Staff approval. The application must include
specific dates and times of the planned activity (including set up and demobilization),
number and types of vendors, types and hours of entertainment, specific parking layouts,
quantity and number of sanitary facilities. If the application is for a charitable event/activity,
sufficient information (financial, medical and/or socio- economic) must be provided for a
clear determination that the event meets the criteria of a charitable event/activity. Hours for
outdoor entertainment/amplified sound are described in Section 21 -37.03 of this Article.
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remain on site during the activity. The cost of said officer shall be reimbursed to the City by the
sponsor /promoter. Appropriate State agencies are responsible for the inspection of amusement
rides and public food preparation facilities.
21 -37.08 — Penalties
Any person or entity who shall conduct, operate or maintain a special activity and fails to obtain
a special activity permit shall be ordered to cease and desist and be punished by a fine of three
times the cost of the application fee as well as all associated City fees. No further special
activities shall be authorized until all penalties are current. A repeat offender shall not be
eligible for a special activity permit for a one -year period. A repeat offender is defined as a
sponsor /promoter who violates any of the conditions of the special activity permit more than one
time in a six -month period.
21 -37.09 — Exceptions
Any special activity sponsored/promoted by a civic group or non - profit organization or co-
sponsored by the City of Edgewater may be exempt from any and all fee requirements. This
decision shall be rendered by the City Council and any waiver granted regarding these
requirements is only binding and applicable upon that one activity or portion thereof and shall
not mean that the sponsor /promoter has any rights to future waivers.
SECTION 21 -38 — FENCES, WALLS and HEDGES
21- 38.01— Purpose
The purpose of this Section is to set forth the standards necessary to regulate the use of fences.
21 -38.02 — General Requirements
The following regulations shall apply to the erection of fences, walls and hedges.
a. All fencing materials must comply with the definition in Article II.
b. All fences shall comply with the provisions of the applicable building codes.
c. Fences may be located in all front, side and rear yard setback areas and directly on property
lines, provided that if a fence encroaches into a utility access easement or right -of -way, the
City shall not be responsible.
d. The maximum allowable height of all fences located in the front yard setbacks and river front
lots of residential property not subject to site plan review shall be four feet (4'). Fences
located in these areas must be non - opaque (50% visibility). The maximum allowable height
of all other fences in residential areas shall be six feet (6') including side corner yards and
meet the site triangle requirements. Six (6') foot fences on side corner lots shall be setback
ten feet (10') from the property line. In commercial and industrial areas no fence shall
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exceed ten feet (10') feet in height unless otherwise approved as part of a development plan
and meet the site triangle requirements. The filling or berming of property solely for the
purpose of creating a barrier that exceeds the height requirements contained herein is
prohibited.
e. Concrete block walls shall be constructed with appropriate reinforcement as determined by
the Building Official. Block walls shall be stucco and painted to compliment the surrounding
character of the area.
f. All fences shall be erected with the finished side facing outward or away from the enclosed
screened area. The "good- side" (side without posts) of fence shall be facing public view.
g. Approval to exceed maximum height limitations may be granted by the Development
Services Director/Planning Director subject to either of the following:
1. The enclosed or screened area is sufficiently lower than adjoining lands to render
a fence of the maximum allowable height inadequate for its intended purpose.
2. The area to be enclosed or screened contains a nuisance or a hazard that cannot
adequately be encompassed or obscured by a fence of the maximum allowable
height.
h. Fences with barbed wire shall be prohibited in conjunction with residential development. In
nonresidential development, up to three (3) strands of barbed wire may be installed at the top
of a fence. For regulatory purposes, barbed wire shall not be included in the measurement of
the fence height. In no case shall barbed wire be allowed to overhang or extend outside of
the property lines of the site on which the fence is installed, nor shall any barbed wire be
installed at a height of less than six -feet (6') with the exception of agriculturally zoned
property.
i. Electric or electrified fences shall be prohibited except in agriculturally zoned districts for the
containment of livestock.
j. Customary fencing around public recreational amenities shall be exempt from height
restrictions.
k. Opaque fencing shall not be permitted on lots fronting on large lakes, rivers, golf courses or
other common areas deemed as an aesthetic amenity.
1. Fences shall conform to the "site- triangle" requirements as set forth below:
21 - 38.03 — Site Triangle Requirements
a. Nothing shall be erected, planted or placed in a manner as to materially impede vision
between a height of two and one -half feet (2 ' /2') to ten feet (10') above the intersecting street
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right -of -way lines. The site triangle shall be measured fifty feet (50') in each direction from
the intersecting right -of -way lines.
These regulations may also apply in commercial ingress and egress driveway areas if the
TRC determines that a safety hazard may exist.
(See Site Triangle Diagram on the following page)
C LIME 0* YISIOILITY .,„,
0
CORNE
E VISIBILITY TRIANGLE
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AGENDA REQUEST
C.A. #2011-TA-1105
Date: October 5, 2011
PUBLIC
HEARING October 17, 2011 RESOLUTION ORDINANCE X
BOARD OTHER
APPOINTMENT CONSENT BUSINESS
ITEM DESCRIPTION:
l Reading — Ordinance No. 2011 -0 -16 Amending and Restating Article VI (Sign
Regulations) of the City of Edgewater
Land Development Code (LDC).
APPLICANT /AGENT: City of Edgewater
REQUESTED ACTION: Approval of the proposed text amendment to the Land Development
Code.
Background: Due to the adoption of Ordinance No. 2011 -0 -13, which incorporates new sign
standards for garage sale signs within Chapter 12 (Offenses and Miscellaneous Provisions) of the
Code of Ordinances, Section 21 -63.05 (Garage Sale Signs) of the LDC is in conflict with said
newly adopted standards. Therefore, City staff proposes the following amendment to the above -
referenced Article:
• Elimination of Section 21 -63.05 (Garage Sale Signs).
STAFF RECOMMENDATION:
Staff recommends approving Ordinance 2011 -0 -16; amendment to Article VI of the Land
Development Code.
ACTION REQUESTED:
Motion to approve Ordinance 2011 -0 -16.
FINANCIAL IMPACT:(Finance Director) N/A
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO X
PREVIOUS AGENDA ITEM: YES NO X
If so, DATE: AGENDA ITEM #
Resp-ctfully sub ted, Concurrence:
.
it ,► b ►. I -�`- $ ► . L
Da en Lear Robin L. Matusick
Development ervices Director Paralegal
/•!i
racey '.':. T low
City ■ anager
ORDINANCE NO. 2011-0-16
AN ORDINANCE OF THE CITY OF EDGEWATER,
FLORIDA, AMENDING AND RESTATING ARTICLE VI
(SIGN REGULATIONS) OF CHAPTER 21 (LAND
DEVELOPMENT CODE); 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:
1. On July 10, 2000, City Council adopted Ordinance #2000 -0 -12 which enacted
Chapter 21 (Land Development Code) of the City of Edgewater Code of Ordinances.
2. On September 11, 2006, Council adopted Ordinance #2006 -0 -27 which amended
and restated Chapter 21 (Land Development Code) in its entirety.
3. On August 16, 2010, Council adopted Ordinance # 2010 -0 -15 which amended
Articles VI (Sign Regulations) permitting City franchise signage on public transportation
benches and shelters.
4. On June 20, 2011, Council adopted Ordinance #2011 -0 -07 which amended
Article VI (Sign Regulations) to provide requirements for Electronic Message Centers /Signage.
5. Ordinance #2011 -0 -16 will modify Article VI (Sign Regulations) to eliminate
guidelines for garage sale signs since said guidelines are now incorporated within Chapter 12
(Offenses and Miscellaneous Provisions) of the Code of Ordinances.
NOW, THEREFORE, BE IT ENACTED by the People of the City of
Edgewater, Florida:
1
Strike-threugh passages are deleted.
Underlined passages are added.
#2011 -0 -16
PART A. AMENDING AND RESTATING ARTICLE VI (SIGN
REGULATIONS) OF CHAPTER 21 (LAND
DEVELOPMENT CODE), CITY OF EDGEWATER,
FLORIDA.
Amend Chapter 21 (Land Development Code) of the City of Edgewater, Florida by
amending and restating Article VI (Sign Regulations) 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 by a court of competent jurisdiction, 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 by a court of competent jurisdiction,
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
accomplished such intention; provided, however, that Parts B through F shall not be codified.
PART E. EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
2
Strike eugh passages are deleted.
Underlined passages are added.
#2011 -0 -16
PART F. ADOPTION.
After Motion to approve by and Second by , the
vote on the first reading of this ordinance held on October 17, 2011 was as follows:
AYE NAY
Mayor Mike Thomas
Councilman Michael Ignasiak
Councilwoman Gigi Bennington
Councilman Justin Kennedy
Councilman Ted Cooper
After Motion to approve by and Second by , the
vote on the second reading of this ordinance was as follows:
AYE NAY
Mayor Mike Thomas
Councilman Michael Ignasiak
Councilwoman Gigi Bennington
Councilman Justin Kennedy
Councilman Ted Cooper
3
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#2011 -0 -16
PASSED AND DULY ADOPTED this day of , 2011.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Bonnie Wenzel Mike Thomas
City Clerk Mayor
Robin L. Matusick
Paralegal
For the use and reliance only by the City of Approved by the City Council of the City of
Edgewater, Florida. Approved as to form and Edgewater at a meeting held on this day of
legality by: Aaron R. Wolfe, Esquire , 2011 under Agenda Item No.
City Attorney
Doran, Sims, Wolfe & Kundid
4
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#2011 -0 -16
Exhibit "A"
5
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Underlined passages are added.
#2011 -0 -16
ARTICLE VI
SIGN REGULATIONS
SECTION 21 -60 - GENERAL PROVISIONS VI -1
21 -60.01 - Purpose VI-1
21 -60.02 - General Provisions VI -1
21 -60.03 - Permits VI -2
21 -60.04 - Prohibited Signs VI -2
21 -60.05 - Exemptions VI -3
21 -60.06 - Variances VI -4
SECTION 21 -61 - ON -SITE SIGNS VI -4
21 -61.01 - Construction Signs VI -4
21 -61.02 - Development Signs VI -4
21 -61.03 - Pole Sign VI -4
21 -61.04 - Ground Signs VI -5
21 -61.05 - Projecting Signs VI -5
21 -61.06 - Real Estate Signs VI -5
21 -61.07 - Shopping Center Signs (Commercial Centers) VI -6
21 -61.08 - Wall Signs VI -6
21 -61.09 - Window Signs VI -6
21 -61.10 - Subdivision Signs VI -7
21 -61.11 - Electronic Message Centers /Signage VI -7
SECTION 21 -62 - OFF -SITE SIGNS VI -8
21 -62.01 - General Requirements VI -8
21 -62.02 - City Franchise Signs VI -8
21 -62.03 - Public Information Signs VI -98
21 -62.04 - Off -Site Wall Signs VI -9
SECTION 21 -63 - TEMPORARY SIGNS VI -9
21 -63.01 - Portable Signs VI -9
21 -63.02 - Banner Signs VI -9
21 -63.03 - Political Campaign Signs. VI -10
21 -63.04 - Special Events Signs VI -10
21 63.05 Garagc Sale Signs VI 104-0
1 SECTION 21 -64 - NON - CONFORMING SIGNS VI -111-0
21 -64.01 - Amortization VI -11
21 -64.02 - Removal VI-11
SECTION 21 -65 - SIGN AGREEMENTS VI -11
1 21 -65.01 - Agreement Process VI -122
21 -65.02 - Agreement Criteria VI -12
SECTIONS 21 -66 THROUGH 21 -69 RESERVED FOR FUTURE USE.
Rev. 6 -20 -11 (Land Development Code) Article VI
ARTICLE VI
SIGN REGULATIONS
SECTION 21 -60 — GENERAL PROVISIONS
21 -60.01 - Purpose
The purpose of sign regulations is to protect, preserve and improve the character and appearance of
the City and to provide opportunity to advertise in commercial and industrial areas. It is further the
intent to limit signs in residential and agricultural areas to essential signs, primarily for the purpose
of identification and information. These regulations shall be the minimum requirements necessary to
accomplish these purposes and to protect the public health, safety and general welfare.
In addition to City -wide sign regulations contained in this Article, the City of Edgewater has adopted
the Indian River Boulevard Corridor Design Regulations which are incorporated as Article XVIII in
this Land Development Code. Requirements contained in Article XVIII, Indian River Boulevard
Corridor Design Regulations, shall supercede and compliment the requirements set forth in this
Article. Properties located within the Indian River Boulevard Corridor Overlay must adhere to the
sign design regulations contained in the Indian River Boulevard Corridor Design Regulations. A
copy of these regulations and illustrations for design is available for purchase at City Hall. It is the
Developer's responsibility to obtain a copy of the regulations for the Overlay prior to conceptual
design layout.
21 -60.02 - General Provisions
The following general provisions shall apply to every sign erected in the City.
a. The name and address of the company or person installing any sign and the name and address of
the company or person maintaining any sign, the date of erection and the voltage of any
electrical apparatus shall be permanently affixed on a weather resistant label.
b. Any light from any illuminated sign shall be shaded, shielded or directed so that the light
intensity or brightness shall not affect adversely the safe vision of operations of vehicles in any
public or private road, highway, driveway or parking area. Such light shall not shine directly on
or into any residential structure.
c. All signs shall be designed and constructed to withstand a wind load pressure of not less than
twenty -five (25) pounds per square foot of area or as required by any applicable code or
ordinance, whichever is more restrictive.
d. Vegetation shall be kept cut around the base of any ground sign for a distance of fifteen feet
(15') from any portion of such sign touching the ground and the area around ground sign shall be
kept free of any material that might constitute a fire or health hazard.
Rev.6 -20 -11 (LandDevelopmentCode) VI -1
21 -60.03 - Permits
a. No person shall operate, maintain, erect, alter, repair or relocate any signs until the Development
Services Director and Building Official has determined that the proposed sign substantially
complies with the requirements of this Article.
b. Application for a sign permit shall be on forms provided by the City Building Official and shall,
at a minimum, contain the following information:
1. The name, address and telephone number of the applicant, the owner of the sign and
the owner of the property on which the sign is to be located; and
2. The address, if any, and legal description of the premises on which the sign is to be
located; and
3. A drawing to scale, in duplicate, showing the size, height, location, structural details
and dimensions of the sign and sign structure; and
4. Two drawings to scale showing the position of the sign and any other existing
advertising structures in relation to the buildings or structures on the premises and to
the boundaries of the property; and
5. The signatures of the applicant and the owner of the property or in the event the
owner is not available, written evidence of the owner's permission for the erection of
the sign; and
6. Such other information as may be necessary to demonstrate compliance with this
Article including, but not limited to, engineers' drawings.
c. All signs shall be erected, altered, operated and maintained in compliance with the Standard
Building Code and the National Electrical Code. Signs 32 square feet, or less, in area shall be
deemed to comply with the wind load requirements of the Florida Building Code by submission
of plans and specifications to the Building Official.
d. The Development Services Director and Building Official shall conduct a timely review of the
sign permit application and shall either issue the permit or provide the applicant with a written
statement of the reasons for denial.
e. Appeals of Building Official decisions regarding construction issues shall be made to the
Construction Board of Adjustment and Appeals. Appeals of other sign related issues shall be
made in accordance with Article I.
21 -60.04 - Prohibited Signs
The following signs are prohibited in the City:
Rev.6-20-I 1 (LandDevelopmentCode) VI -2
a. No person shall erect a sign on or over any public property or public right -of -way, except in
accordance with a banner sign or franchise agreement approved by the City Council. Any
sign(s) installed on public property shall be forfeited to the public and subject to confiscation at
the owners' cost.
b. The operation of any vehicle for the sole purpose of advertising is prohibited within the City of
Edgewater.
c. Roof signs, billboards, inflatable signs, snipe signs, banners, pennants, wind operated devices,
sandwich signs, moving signs, freestanding signs, flashing signs, beacon light signs with
moving or alternating or traveling lights are prohibited, except as limited elsewhere in this
Article. Time and temperature signs and lighted moving message boards less than 35 square feet
in area shall not be subject to this prohibition.
d. Projecting signs within an area bounded by the intersection of two rights -of -way and points fifty
feet (50') from such intersections measured along the rights -of -way except as permitted
elsewhere in this Article.
e. Pursuant to Chapter 316.077, F.S., no sign shall be permitted which is an imitation of or
resembles an official traffic control device.
21 -60.05 - Exemptions
The following signs shall be exempt from the permitting requirements of this Article.
a. Signs less than six (6) square feet in area and used only to identify the property address and
occupant's name.
b. Legal notices posted by authorized persons of a governmental body.
c. Any informational sign directing vehicular traffic, parking or pedestrian traffic on private
property, provided that such sign shall contain no advertising material and shall not exceed 4
square feet in total area. The letters shall not exceed eight inches (8 ") in height. If the sign
includes any advertising or logo, a sign permit shall be required.
d. Identification signs, information signs or traffic control devices erected by any governmental
body. In addition, emergency warning signs erected by a government agency, private utility
company or a contractor doing authorized or permitted work within a public right -of -way.
e. Wall graphics /murals may be an integral decoration of a building, but shall not include letters,
trademarks, moving parts or moving lights and shall not cover more than thirty percent (30 %) of
any single wall surface area per building.
f. On -site signs five (5) square feet or less in area that offers a specific property for sale, lease or
Rev.6-20-1 1 (LandDevelopmentCode) VI -3
rent by the owner or his authorized agent.
g. The flag of the United States shall be displayed in accordance with the protocol established by
the Congress of the United States for Stars and Stripes. All other flags shall conform to the
requirements of Section 21 -61.
h. Holiday lights and decorations with no commercial messages between November 1 and
February 1
i. Works of art that do not include a commercial message.
j. Two open house flags, not exceeding fifteen (15) square feet each in area, displayed during
inspection times for model residences.
21 -60.06 - Variances
Variances to the requirements of this Article may be granted by the Planning and Zoning Board in
conformance with the requirements of Article IX.
SECTION 21 -61 - ON -SITE SIGNS
21 -61.01 - Construction Signs
a. One construction sign, including the names of persons or firms furnishing labor, services or
materials to the construction site, shall be allowed for each project where a building permit has
been obtained for the project.
b. Such sign shall be removed no later than the date of issuance of a certificate of occupancy.
c. No such sign shall exceed thirty-two (32) square feet in area.
21 -61.02 - Development Signs
a. One sign, not to exceed sixty -four (64) square feet in area for nonresidential projects or forty-
eight (48) square feet in area for residential projects, may be permitted on each site for which a
site plan, or subdivision plat, has been approved.
b. A development sign permit may be issued for no longer than one (1) year. However, the
Building Official may renew the permit, if it is determined that promotion of the site is still
active.
21 -61.03 - Pole Signs
a. Pole signs shall be limited to two (2) square feet of signage per one (1) linear foot of addressed
building frontage and shall not exceed 60 square feet, except as provided in Section 21- 61.07.
Rev.6 -20 -I1 (LandDevelopmentCode) VI -4
b. Pole signs shall be a maximum of twenty feet (20') high with a minimum nine foot (9')
clearance above the ground or sidewalk. No pole sign shall be located closer than fifty feet (50')
from any existing pole sign.
c. Except for shopping centers as described in Section 21- 61.07, there shall be only one (1) pole
sign per parcel.
d. The sign area shall be calculated to include the outside edge of the sign cabinet or frame.
e. Except as provided in Section 21 -62, a pole sign shall only be used to advertise a business on
the same site.
21 -61.04 - Ground Signs
a. Ground signs shall be limited to two (2) square feet of signage per one (1) linear foot of
addressed building frontage and shall not exceed sixty (60) square feet, except as provided in
Section 21- 61.07.
b. Ground signs shall be a maximum of ten feet (10') high and shall be located in an approved
landscaped buffer area. Ground signs shall not impede traffic visibility as outlined in Article III,
"Site Triangle Requirements ".
c. Except for shopping centers as described in Section 21- 61.07, there shall be only one (1) ground
sign per parcel. No ground sign shall be located closer than fifty feet (50') from any existing
ground sign.
d. The sign area shall be calculated to include the outside edge of the sign cabinet or frame.
e. Ground signs shall only be used to advertise a business on the same site.
21 -61.05 - Projecting Signs
a. A projecting sign shall not extend more than four feet (4') beyond the surface of the building to
which it is attached.
b. The surface area of a projecting sign shall not exceed twenty -four (24) square feet per building.
c. There shall be a minimum of nine feet (9') clearance between the bottom of a projecting sign
and the ground surface or sidewalk.
21 -61.06 - Real Estate Signs
a. A non - illuminated sign advertising the sale or lease of a business or parcel on which the sign is
located shall be permitted in any zoning district.
Rev.6 -20 -I1 (LandDevelopmentCode) VI -5
b. The maximum sign size shall be thirty-two (32) square feet.
c. Model home signs shall not exceed sixteen (16) square feet.
21 -61.07 - Shopping Center Signs
a. Ground or pole signs for shopping centers may be constructed subject to compliance with the
criteria described below. No other signage shall be permitted for these uses, except wall signs.
Sign Criteria Parcel Width Less Parcel Width Greater
Than 150 Ft. Than 150 Ft.
Number of Signs per One Two
Parcel
Maximum Allowable 100 sq. ft. per side Anchor Structure Sign
Area of All Signage On 200 sq. ft. total 100 sq. ft. per side
the Site 200 sq. ft. total
Tenants Sign
100 sq. ft. per side
200 sq. ft. total
Maximum Height Above Poles - 20 feet Poles - 20 feet
Ground Ground - 10 feet Ground - 10 feet
Minimum Clearance From Poles - 9 feet Poles - 9 feet
Ground
Area Allowed For Center 20 percent maximum 20 percent maximum
Name
Area Allowed For Tenants 80 percent minimum 80 percent minimum
Name
21 -61.08 - Wall Signs
a. The total amount of wall signs allowed shall be two (2) square feet of signage per one (1) linear
foot of addressed business frontage, not to exceed sixty -four (64) square feet.
b. The area of a wall sign shall be calculated by summing the area of each letter and the corporate
logo in the sign.
21 -61.09 - Window Signs
The window area and the glass door area between four feet (4') and seven feet (7') above the
adjacent ground shall not be covered by opaque signage.
Rev.6 -20 -11 (LandDevelopmentCode) VI -6
21 -61.10 - Subdivision Signs
A maximum one hundred (100) square feet in area ground sign identifying a subdivision may be
located at each subdivision entrance provided the site triangle requirements of Article III are met.
21- 61.11— Electronic Message Centers /Signage
a. Electronic message center signs are permitted only along U.S. 1, Park Avenue and S.R.
442 /Indian River Boulevard. No more than one electronic message center sign is permitted for
each property frontage located on the above - referenced roadways.
b. Signs must be set back a minimum of ten feet (10') from the right -of -way to the closest edge of
the sign.
c. Signs must be constructed as ground sign.
d. The maximum electronic panel area shall not exceed 50% of the sign size.
e. A sign with a sign face on two sides and no more than 4.5' feet of separation between faces
shall be considered a single sign.
f. Sign copy may change only at intervals of not less than five (5) seconds. Continuous scrolling,
animation, or flashing of lights is prohibited.
g. Obscene, immoral and/or lewd graphics and/or language shall not be displayed at anytime on
the display screen area.
h. The display screen area shall provide a high - resolution picture quality with pixel spacing of 16
millimeters or less.
i. Maximum brightness is 5,000 nits during the day and 500 nits from dusk to dawn.
j. A malfunctioning sign must be turned off or display a blank screen.
k. Electronic message center signs shall not be added to any nonconforming sign.
1. All power to the sign shall be supplied via underground carrier, inside an improved conduit and
installed to City requirements.
m. The signage shall be maintained in a good operating condition and external appearance.
n. Government electronic message center signs shall provide necessary public information.
including but not limited to directions, schedules or information regarding public facilities or
places of interest. The City Council may waive the standards in this section for a government
sign provided that the deviation promotes the public health, safety and welfare.
Rev.6 -20 -I I (LandDevelopmentCode) VI -7
o. Any electronic message center /signage in existence prior to adoption of the standards set forth
in this Section and are not in conformance with said Section shall be deemed non - conforming
pursuant to Article VII.
p. Any electronic message center /signage in existence prior to adoption of the standards set forth
in this Section and are not in conformance with said Section shall be deemed non - conforming
pursuant to Article VII.
SECTION 21 -62 - OFF -SITE SIGNS
Off -site signs that advertise products or businesses located at a site other than the location of the
business are deemed by this Article to constitute a separate use. The control and regulation of the
display of such advertising deemed to be appropriate to the character and surrounding development
shall be considered. It is intended that such advertising be confined to certain commercial and
industrial properties.
21 -62.01 - General Requirements
All off -site signs shall require approval by the City Council upon a recommendation from the
Development Services Director and Building Official.
a. Off -site signs shall be limited to twelve (12) square feet in area and shall not be located closer
than one thousand feet (1,000') to another off -site sign.
b. All off -site signs shall conform to the Standard Building Code construction requirements.
21 -62.02 - City Franchise Signs
The City Council may approve off-site signs for certain franchise agreements. The criteria for
approval of off -site selection shall be consistent with the conditions contained in the Sign Franchise
Agreement and shall be subject to City Council approval. Minimum standards include:
a. A leading edge of a franchise sign shall not be closer than ten feet (10') to a paved surface of a
public right -of -way, unless approved by the City Manager.
b. Signs bearing public information, as designated by the City Manager, may be placed in any
zoning district.
c. A franchise sign shall have a minimum clearance of nine feet (9') above the ground and a
maximum height of sixteen feet (16') except those placed on public transportation benches and
shelters as approved through a competitive selection process pursuant to City standard
procedures.
Rev.6 -20 -11 (LandDevelopmentCode) V1 -8
21 -62.03 - Public Information Signs
Public information signs containing no commercial message, which are no greater than four (4)
square feet in area may be located anywhere in the City.
21 -62.04 - Off -Site Wall Signs
City Council may approve off -site wall signs subject to the following:
a. The business /development has no other off-site signs.
b. Signs shall not exceed thirty -two (32) square feet each.
c. No more than one (1) wall sign per each side of the building with a maximum of two (2) signs
per building.
d. The total square footage allowed for all wall signs per building shall not exceed the
requirements contained in Section 21- 61.08.
e. Off -site wall signs are temporary and will be permitted for six (6) months.
SECTION 21 -63 - TEMPORARY SIGNS
21 -63.01 - Portable Signs
a. The Building Official may issue a portable sign permit to a business for a maximum of thirty
(30) days per year to announce special events or grand openings.
b. The maximum size of a sign shall be thirty -two (32) square feet.
c. Only one (1) sign shall be permitted on a parcel at any one time.
d. A sign shall not occupy any required parking space nor restrict on -site traffic flow.
e. A portable sign shall not be located closer than ten feet (10') to the paved portion of a public
right -of -way.
f. Portable signs shall not have flashing or moving lights and shall not be affixed to another sign or
structure or mounted for the purpose of making it a permanent sign.
21 -63.02 - Banner Signs
a. The Building Official may issue only one (1) banner sign per street frontage at a time on a given
parcel, for a special event such as grand openings.
Rev.6 -20 -11 (LandDevelopmentCode) VI -9
b. Banner signs shall not be permitted in residential zoning districts and the B -4 district.
c. The maximum sign area shall be thirty -two (32) square feet.
d. Banners may display business or product logos and generic messages, but not specific sales
information.
e. Banners may be erected up to seven (7) days prior to the event, shall be removed within two (2)
days after the event and shall be limited to ten (10) days per event two (2) times per year.
f. The City Council may approve banners that do not comply with these requirements for citywide
functions.
21 - 63.03 - Political Campaign Signs.
a. Political campaign signs shall be permitted as temporary signs and, as such, shall be removed
within ten (10) days after the advertised candidate has been finally elected or defeated. A sign
may remain through any primary or run -off election as to any candidate who is subject thereto.
b. An applicant for a political campaign sign shall be issued one sign permit for an unlimited
number of signs. The fee shall be as established by resolution.
c. Signs shall not be placed in any public right -of -way, on any public property, attached to any
utility pole nor attached to any tree. Signs located on private property shall have the written
authorization of the property owner.
d. Signs placed on private property shall be securely erected to prevent displacement by heavy
winds and so placed as to not interfere with traffic visibility.
e. Political campaign signs shall not exceed eight (8) square feet in area.
f. Upon determination of the Code Compliance Officer, illegal signs shall be removed within
twenty - four (24) hours after notification to the applicant.
g. The City shall retain removed illegal political campaign signs for five (5) working days after
notification before their destruction. An applicant may retrieve the signs during this period.
21 -63.04 - Special Events Signs
Sign permit applications for special athletic, civic or charitable events located in or across right -of-
ways shall be submitted to the City Clerk's office for the City Council's review and approval.
Rev.6-20-1 1 (LandDevelopmentCode) V1 -10
1} No sign shall be attached to any utility pole, signs or traffic control devices erected by any
SECTION 21 -64 - NON - CONFORMING SIGNS
Any existing sign that is in violation of this Article at the effective date of this Chapter shall be
deemed a legal non - conforming sign. Such signs may be continued subject to the conditions
described below.
21 -64.01 - Amortization
a. No non - conforming sign shall be altered, moved or repaired in any way except in full
compliance with the terms of this Article. This provision shall not apply to the changing of
temporary copy of changeable copy signs or to repairs necessary to maintain the structural
integrity or safety of a sign so long as such repairs do not exceed fifty -one percent (51 %) of the
replacement cost of such sign.
b. All non - conforming signs shall be removed or made to conform with this Article, no later than
February 14, 2004. In the interim, said sign shall be maintained in good repair, subject to the
conditions above.
c. Failure to remove non - conforming signs by February 14, 2004 may subject the sign owner to the
code compliance provisions of Article X. In this regard, a sign owner may enter into a sign
agreement as described in Section 21 -65.
21 -64.02 - Removal
a. An obsolete or deteriorated sign shall be removed by the owner, agent or person having
beneficial use of the premises on which sign is located and shall be removed within thirty (30)
days of written notification by the Code Compliance Department.
b. Upon failure to comply with such notice, the Code Compliance Department shall cause the sign
to be removed at the owner's expense, including any interest that may have accrued.
c. Failure to pay such costs within thirty (30) days of the written notification of the removal costs
shall create a lien against the sign owner in favor of the City.
SECTION 21 -65 - SIGN AGREEMENTS
The purpose of this Section is to provide a process and criteria by which the City can bring illegal
Rev.6 -20 -11 (LandDevelopmentCode) VI -I 1
and/or non - conforming signs into compliance without adjudication by the Code Compliance Board
or the court system.
21 -65.01 - Agreement Process
a. An applicant shall provide a sign agreement that includes the criteria described in Section 21-
65.02.
b. The applicant shall submit the required sign agreement not less than forty -five (45) days prior to
the Planning and Zoning Board (P &Z) meeting at which the applicant wishes consideration.
c. The P &Z shall conduct a public hearing after providing the following public notice:
1. Direct mail notice to all property owners of record within one hundred fifty feet
(150') of the proposed sign location.
2. Post the proposed site no less than ten (10) days prior to the subject P &Z meeting.
d. Upon completion of the P &Z deliberations, the agreement shall be scheduled for the next
available City Council meeting.
e. The City Council shall hold a public hearing regarding the proposed agreement after public
notice in the same manner as provided above.
f. The City Council shall take final action regarding the agreement within thirty (30) days, unless
the applicant agrees to additional time.
21 -65.02 - Agreement Criteria
At a minimum, the sign agreement shall include:
a. The name, address and phone number of the applicant.
b. The name, address and phone number of the existing sign site property owner.
c. Any appropriate site drawings and plans.
d. A timetable for removal of the existing sign.
e. Any proposed site mitigation activities.
f. The signature of the applicant.
g. The signature of the site property owner.
Rev.6 -20 -11 (LandDevelopmentCode) VI -12
h. The signature of the appropriate City official.
Sections 21 -66 through 21 -69 reserved for future use.
Rev.6 -20 -11 (LandDevelopmentCode) VI -13
AGENDA REQUEST
Date: October 5, 2011
PUBLIC
HEARING RESOLUTION ORDINANCE
BOARD OTHER
APPOINTMENT CONSENT BUSINESS 10/17/2011
ITEM DESCRIPTION
Proposed draft amendments to the Code of Ordinances and Land Development Code relating to Special
Activity procedures.
BACKGROUND
Attached are draft text amendments for Council's review and consensus for both the Land Development
Code and Code of Ordinances relating to alcohol consumption and /or sales contemporaneously with
Special Activity events. With Council consensus, City staff will advance the draft amendments through
the proper text amendment process.
RECOMMENDATION
Staff recommends Council consensus for staff to proceed with the proposed text amendments to the Land
Development Code and Code of Ordinances.
ACTION REQUESTED
Motion for Council consensus for staff to proceed with the proposed text amendments to the Land
Development Code and Code of Ordinances.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
PREVIOUS AGENDA ITEM: YES NO X
DATE: AGENDA ITEM NUMBER:
Respectfully submitted, Concurrence:
Trace . Barlow R obin L. Matusick
Cit anager Paralegal
Proposed Land Development Code, Section 21-37.05
amendment
21 -37.05 — Special Activity Permit Criteria
a. The proposed activity will not result in unsafe ingress /egress for either pedestrians or vehicles.
b. The proposed activity shall comply with the appropriate Florida Fire Prevention Codes conditions.
c. The proposed activity shall comply with the City's Land Development Code and noise ordinance
conditions.
d. The proposed activity will direct on -site lighting away from adjacent parcels and roadways.
e. The proposed activity shall have adequate sanitary facilities.
f. The applicant shall post a bond or provide insurance in the amount of $500,000 if no on -site alcohol
consumption is proposed and $1,000,000 if on -site alcohol consumption is permitted and/or
pyrotechnics are proposed to indemnify and hold the City harmless of any and all liabilities.
g. The City Council may waive the requirements as contained in Section 21 -35.01 for alcohol sales
and/or consumption associated with a special activity.
h. The City Council may add other conditions to protect the health, safety and welfare of the residents.
Proposed Code of Ordinances, Chapter 12.5, Section 12.5 -1
amendment
Sec. 12.5 -1. - Activities prohibited in parks; enforcement
(a) It shall be unlawful for any person in a city park in the incorporated areas of the city to:
(1) Bring any animal, including cats, dogs, horses, any fowl or birds and any living
creatures within the jurisdiction of a city park or recreation area unless such park or beach
is designated and posted by the city as an animal - permitted park. An approved park, beach
and/or lake shall be so designated and posted with the appropriate signage by the city as an
animal - permitted park with the permitted animal and/or animals listed.
(2) Bring alcoholic beverages, or controlled dangerous substances, drink or use the
same at any time nor shall any person be under the influence of intoxicating liquor or a
controlled dangerous substance in a city park or recreation area. Alcoholic beverage sales
and/or consumption associated with special event activities, as permitted pursuant to
Chapter 21 "Land Development Code ", is subject to approval from City Council.
(3) Bring any glass container into a city park or recreation area.
(4) Expose or offer for sale any article in any city park or recreation area without a
license as a concessionaire or to display any advertising sings or other advertising matter
without a permit.
(5) Camp or stay overnight in a city park or recreation area.
(6) Build, kindle, maintain or use an open fire nor throw away or discard any lighted
match, cigar, cigarette, tobacco, paper or other material until it is extinguished.
(7) Perform the cleaning or scaling of fish or other aquatic creatures in a city park or
recreation area.
(b) The city police department and animal services personnel shall, in connection with their duties
imposed by law, diligently enforce the provisions of this section and shall have the authority to order any
person or persons acting in violation of this section to leave the park or recreation area.