10-12-2011 CITY OF EDGEWATER
Planning and Zoning Board
Wednesday, October 12, 2011 _
6:30 p.m.
Edgewater Community Center 102 N. Riverside Drive
AGENDA
1. CALL TO ORDER
2. ROLL CALL
3. APPROVAL OF MINUTES Regular meeting of August 10, 2011.
4. OLD BUSINESS- PUBLIC HEARING
None at this time.
5. NEW BUSINESS- PUBLIC HEARING
a. TA -1104 — The City of Edgewater requesting amendments to the Land Development Code,
Article III (Permitted, Conditional, Accessory and Prohibited Uses).
b. TA -1105 — The City of Edgewater requesting amendments to the Land Development Code,
Article VI (Sign Regulations).
6. OTHER BUSINESS
7. DISCUSSION ITEMS
a. Development Services Director's Report
b. Chairman's Report
c. Agency Members' Report
8. ADJOURNMENT
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 proceeding 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 ext. 1101, 5 days prior to the meeting date. If you are hearing impaired or voice impaired,
contact the relay operator at 1- 800 -955 -8771.
Citizen comments are to be limited to five (5) minutes
CITY OF EDGEWATER
PLANNING AND ZONING BOARD
INFORMATION SUMMARY
CASE # TA-1104
APPLICANT /AGENT: City of Edgewater
REQUESTED ACTION: Land Development Code text amendments to Article III
(Permitted, Conditional, Accessory and Prohibited Uses)
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), I-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.
OTHER MATTERS: There will be two (2) public hearings at City Council for the
proposed amendments.
STAFF RECOMMENDATION
Staff recommends sending a favorable recommendation to City Council for the
amendments to the Land Development Code.
MOTION
Motion to send a favorable recommendation to City Council for the amendments to
the Land Development Code.
Proposed Land Development Code, Article III (Permitted,
Conditional, Accessory and Prohibited Uses) amendments
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e. Area of boathouses: No boathouse or similar structure shall exceed twenty (20') feet in
width treasured 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/gazebes 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.
Rev 05/16/11 (LandDevelopmentCode)
*12/10 111 -23
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. Use of such canopies within the front setback/front yard, shall be limited to cover
... : - , - :ft, wattle-raft—trailers, motor homes, trailers, recreational vehicle
tra - , .... -- .. - • - .
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
Rev 05/16/11 (LandDevelopmentCode)
*12/10 111 -24
CITY OF EDGEWATER
PLANNING AND ZONING BOARD
INFORMATION SUMMARY
CASE # TA-1105
APPLICANT /AGENT: City of Edgewater
REQUESTED ACTION: Land Development Code (LDC) text amendments to
Article VI (Sign Regulations)
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).
OTHER MATTERS: There will be two (2) public hearings at City Council for the
proposed amendments.
STAFF RECOMMENDATION
Staff recommends sending a favorable recommendation to City Council for the
amendments to the Land Development Code.
MOTION
Motion to send a favorable recommendation to City Council for the amendments to
the Land Development Code.
Proposed Land Development Code, Article VI (Sign
Regulations) amendment
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
1 21 63.05 Garage Sale Signs VI 103-0
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- 1242
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
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 requiretnents 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.
21_63-05_ Signs
Rev.6 -20- I I (LandDevelopmentCode) VI-10
. - - • .. . - .. . - y.
b - . . - . • .. . • . • . - -
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 -1I (LandDevelopmentCode) VI -1 I