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97-O-03 ...., "'-" ORDINANCE NO. 97-0-03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING CHAPTER 19 (UTILITIES AND SERVICES) OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, BY AMENDING SECTION 19-27.1 (SAME - REQUIREMENTS) OF ARTICLE II (WATER) AND SECTION 19-129 (PROHIBITED ACTIVITIES AND ANNUAL INSPECTIONS) OF ARTICLE X (RECLAIMED WATER REUSE PROGRAM) TO PROVIDE FOR BIENNIAL INSPECTIONS OF RECLAIMED WATER CONNECTIONS; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE AND FOR ADOPTION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. Currently Section 19-27.1 requires at least annual inspections of premises where backflow prevention devices are installed. 2. Section 19-129 requires annual inspections on irrigation systems. 3. The Department of Environmental Protection has authorized annual certified inspections and operational tests and biennial inspections of residential reclaimed water connections and irrigation systems. NOW, mEREFORE, BE IN ENACTED by the people of the City of Edge water, Florida: PART A. AMENDING SECTION 19-27.1 (SAME-REQUIREMENTS) OF ARTICLE II (WATER) OF CHAPTER 19 (UTILITIES AND SERVICES) OF THE CODE OF ORDINANCES OF THE CITY OF EDGEW A TER, FLORIDA. Section 19-27. 1 (b)(6) is amended to read as follows: Section 19-27.1 Same- Req uirements. (b) Policy. (6) It shall be the duty of the utilities department at any premises where backflow prevention devices are installed to have certified inspections and operational tests made at least once per year. However. residential reclaimed water connections which have a backflow prevention device on the potable water supply shall be inspected biennially by the utilities department. In those instances where the supervisor deems the hazard to be great enough he may require certified inspections at more frequent intervals. These inspections and tests shall be at the expense of the water user and Stmek thnl1:lgR passages are deleted. Underlined passages are added. 97-0-03 1 ,.,. ....." shall be performed by a certified utilities department tester. It shall be the duty of the supervisor to see that these timely tests are made. These devices shall be repaired, overhauled or replaced at the expense of the customer-user whenever said devices are found to be defective. Records of such tests, repairs, and overhaul shall be kept and made by the utilities department. PART B. AMENDING SECTION 19-129 (PROHIBITED ACTIVITIES AND ANNUAL INSPECTIONS) OF ARTICLE X (RECLAIMED WATER REUSE PROGRAM) OF CHAPTER 19 (UTILITIES AND SERVICES) OF THE CODE OF ORDINANCES OF THE CITY OF EDGEW A TER, FLORIDA. Section 19-129(c) is amended to read as follows: Section 19-129. Prohibited activities and ftHHHtd biennial inspections. ( c) Utilities personnel will conduct inspections of irrigation systems on initial connection to the reclaimed water supply and anooally biennially thereafter to determine the existence of illegal hookups, violation of ordinances, or cross-connections. Authorization for these inspections will be given by the applicant in conjunction with the application for reclaimed water. Refusing to permit such an inspection shall be grounds for immediate discontinuance of the reclaimed water service by the City to the subject premises. PART C. 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 D. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not effect the remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property, or circumstance. PART E. 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 Struelc thfough passages are deleted. Underlined passages are added. 97-0-03 2 appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts C through G shall not be codified. PART F. EFFECTIVE DATE. This ordinance shall take effect upon adoption. PART G. ADOPTION. After Motion by Councilman Hays and Second by Councilman Hatfiled, the vote on the first reading of this ordinance held on March 17, 1997, was as follows: Mayor Jack H. Hayman, Sr. AYE Councilman Danny K. Hatfield AYE Councilwoman Louise A. Martin AYE Councilman Mike Hays AYE Councilman David L. Mitchum ABSENT After Motion by Councilman Hatfield and Second by Councilwoman Martin, the vote on the second reading of this ordinance was as follows: Mayor Jack H. Hayman, Sr. AYE Councilman Danny K. Hatfield AYE Councilwoman Louise A. Martin AYE Councilman Mike Hays AYE Councilman David L. Mitchum AYE PASSED AND DULY ADOPTED this 7th day of April, 1997. Sassek L40 passages are deleted. Underlined passages are added. 97-0-03 CITY COUNCIL OF THE CITY O DGEWATER, FLORHJA By: 14ckH.Haaayor APPROVED FOR FORM AND CORRECTNESS: 11 , n, Krista A. Storey City Attorney 3 '-' EXHIBIT A ...... .. CHAPTER 11 SIGNS AND ADVERTISING Section 1101. Purpose The purpose of these regulations concernin9 si9ns is to protect and preserve the character and appearance of all the districts within the City of Edgewater: to provide ample opportunity to advertise in commercial areas. and in so doin9. to prevent excessive advertising which would have a detrimental effect on the character and appearance of such business districts: and to limit si9ns in noncommercial areas to essential uses. primarily for the purpose of identifications and information. in order to protect the residential character and appearance of such districts. To realize this purpose. these re9ulations are established to control the number. area and hei9ht of si9ns which may be permitted in certain districts. and to further establish the type of location of such signs as may be permitted. Section 1102. Pe~it Requirements A. Permit Required. Unless otherwise exempted under this Code, no person shall erect. relocate or materially alter any sign without first obtaining a si9n permit. A permit is not required for maintenance of a si9n or for changes in letterin9' B. Application Requirements. Applications for permits shall be filed with the Buildin9 Division upon forms prescribed by the Buildin9 Official accompanied by a nonrefundable (code\chapter.11) February 14, 1997 struck through passages are deleted. Underlined passages are added. 11-1 fee as e~ablished by resolution of"_he City Council. Applications shall include the following information: h Name. address and telephone number of applicant. owner of sign and owner of real property on which the sign is to be placed. ~ Location of building. structure or lot upon which the sign is to be placed. attached or erected. together with the measured frontage of such lot on any public right-of-way. ~ Two (2) prints or drawings showing: ~ Accurate drawing to scale. showing the sign display. construction details. dimensions of the sign. electrical plans. if applicable, together with such other information as the Building Official shall require in order to show full compliance with this and all other applicable laws and regulations of governmental agencies. ~ Statement by applicant that owner or lessee of the real property has consented to the placement of the sign thereon. ~ Review of Applications. Applications for a siqn permit shall be reviewed as follows: h Within two (2) working days of submission. the Building Official shall review each application for compliance with the applicable codes and (code\chapter.11) February 14, 1997 Struck through passages are deleted. Underlined passages are added. 11-2 regdwltions. ."." ~ If the Building Official determines that the application is not in compliance with the applicable codes and regulations. the Building Official shall deny the permit and inform the applicant of the reasons for disapproval. ~ If the Building Official determines that the application is in compliance with the applicable codes and regulations. the Building Official shall issue the permit. Ih Appeals from Permit Denials. Any final action by the Building Official may be appealed to the CRB in accordance with Sections 903.03 through 903.08 of this Code. Section 1103. Exemptions The following signs shall be exempt from the permit requirements of this Chapter: A. Signs not exceeding four (4) square feet in area and used only to identify the property address and occupant's name. ~ Legal notices posted by authorized persons of a governmental body. ~ Any informational sign directing vehicular traffic, parking or pedestrian traffic over or upon private property. provided that such sign shall contain no advertising material and shall not exceed four (4) square (code\chapter.11) February 14, 1997 struck through passages are deleted. Underlined passages are added. 11-3 feet in ~al area. Letters shall n~exceed eight (8) inches in height. If any advertising or logo is incorporated into the sign. a permit shall be required. JL.. 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. ~ Integral decoration or architectural festoon on buildings. Wall graphics 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 (30) percent of any single wall surface area. ~ Signs. not exceeding five (5) square feet in area and offering a specific property for sale. rent or lease by the owner or his authorized agent. provided the signs are located on the property offered. ~ Flags and insignias of any governmental. charitable, religious. fraternal, educational. political or other similar organization not exceeding sixty (60) square feet in area and flown from a pole not exceeding forty (40) feet in height. The flag of the United States must be flown in accordance with the protocol established by the Congress of the United States for Stars and Stripes. Any other flag shall be considered a ground or pole sign and (code\chapter.11) February 14, 1997 Struck through passages are deleted. Underlined passages are added. 11-4 accordin~. the requirements of Se~on 1107C. shall apply. ~ Holiday lights and decorations with no commercial messages between November 1st and February 1st. ~ Works of art that do not include a commercial message. ~ Two (2) open house flags not exceeding 15 square feet in area shall be allowed at model homes or apartments during the time models are open for inspection. ~ Convenience and bus benches with attached signs provided the benches are constructed and placed pursuant to the terms of a license agreement or other contract with the City. Section 1104. General provisions A. Compliance with the Buildinq Code. All siqns shall be erected in compliance with the Standard Building Code adopted pursuant to Section 901 of this Code. However, signs of thirty-two (32) square feet or less shall be deemed in compliance with Section 1606 Wind Pressure of the Standard Building Code by submitting copies of plans and specification supplied by the Building Division. The plans and specifications on file in the Building Division shall be the only plans authorized for permitting pole and wall signs thirty-two (32) feet or less without a design professional's sealed drawing. ~ Compliance with Electrical Code. All siqns which include electric wiring, lighting or electrically operated moving (code\chapter.11) February 14, 1997 struck through passages are deleted. Underlined passages are added. 11-5 parts shlilllt'l comply with the NatioMll'i Electric Code adopted pursuant to Section 901 of this Code. ~ Location of SiGns. No qround or proiectinq siqn shall be permitted closer than twenty-five (25) feet to any side lot line except in the case of properties with less than one hundred (100) feet of frontage. On properties with less than one hundred (100) feet of frontage no ground or projecting sign shall be permitted closer than fifteen (15) feet to any side lot line. ~ SiGns ResemblinG Traffic Control SiGns Prohibited. Pursuant to Section 316.077. Florida Statutes. no sign shall be permitted which is an imitation of or resembles an official traffic control device. Section 1105. Labeling of Signs Every sign erected after February 14. 1997. shall have permanently affixed in a conspicuous place on the sign a weather resistant label providing in a legible format the date of erection. the permit number. the voltage of any electrical apparatus. if any. and the name of the installer. Section 1106. Removal of Obsolete. Deteriorated or Nonconforming Signs A. Any sign copy which no longer advertises a bonafide business activity or a product presently sold shall within thirty (30) days after written notification by the Building Official be taken down and removed by the owner. agent or person having the beneficial use of the building or premises upon which the sign is located. (code\chapter.11) February 14, 1997 struok through passages are deleted. Underlined passages are added. 11-6 Upon fai~e to comply with such no~e, the Building Official shall cause the removal of the obsolete sign. Any expense incurred by the City shall be paid by the owner of the building or premises upon which such sign was found. Failure to pay such costs within thirty (30) days of written notification shall result in the creation of a lien in favor of the City against the property on which the sign was located in the amount of the cost of removal. disposal. any other fees incurred by the City and simple interest at the rate of eight (8) percent from the date the lien is filed. ~ Any sign not conforming to the requirements of this Code shall nevertheless be permitted to remain for a period not to exceed seven (7) years from February 14. 1997, provided that such nonconforming sign is maintained in good repair and is consistent with the other provisions of this Section. ~ In the event that any nonconforming sign deteriorates to the extent that its repair will require a cost of labor and materials equal to or exceeding fifty-one (51) percent of the present value of the sign. the Building Official shall furnish written notice to the owner requiring removal of the sign within thirty (30) days. Upon failure to comply with such notice. the Building Official shall cause the removal of the sign. Any expense incurred by the City shall be paid by the owner (code\chapter.ll) February 14, 1997 Struck through passages are deleted. Underlined passages are added. 11-7 of the bu~ing or premises on which ~ sign was found. Failure to pay such costs within thirty (30) days of written notification thereof shall result in the creation of a lien in favor of the City against the property on which the sign is located in the amount of the cost of removal. disposal. and any other fees incurred by the City and simple interest at the rate of eight (8) percent from the date the lien is filed. ~ All snipe signs. pennants. flashing elements of existing signs. wind operated devices. sandwich signs or portable signs without permit shall be removed within thirty (30) days after February 14. 1997. The prohibition against flashing signs shall not be construed to prohibit a time and temperature sign or lighted moving message center s~gn not exceeding thirty-five (35) square feet in area. Section 1107. Permitted Signs A. Construction Siqns. The erection of one (1) construction sign shall be permitted on property where substantial improvements are actually under construction pursuant to a current building permit. The sign shall not exceed sixty-four (64) square feet and may include the names of persons or firms furnishing labor. services or materials to the construction site. Such sign shall be removed prior to issuance of a certificate of occupancy. Ih Development Siqns. One development (1) siqn shall be permitted on a building site. The sign shall not exceed (code\chapter.11) February 14, 1997 struck through passages are deleted. Underlined passages are added. 11-8 sixty-fo~ (64) square feet. ~.mits for such development signs shall be issued for a period of one (1) year only. Upon request. such permits shall be renewed by the Building Official after determination that the promotion of the development is active after a site plan or subdivision plat has been approved. ~ Ground Siqns and/or Pole Siqns. The allowable surface area of a ground or pole sign shall be determined by structure width. In any case however. the maximum surface area of a ground or pole sign shall not exceed one hundred (100) square feet per side for a maximum total surface area of two hundred (200) square feet. The maximum height shall be twenty (20) feet as measured from the ground to the highest point of the sign. There shall be a clearance of nine (9) feet between the ground and the bottom of the sign unless a low profile sign is used pursuant to Paragraph D of this Section. Only one (1) ground or pole sign per parcel shall be allowed unless the property or parcel contains a shopping center in which case the provisions of Paragraph I of this Section shall apply. The allowable area of ground or pole signs at any location shall be determined as follows: (code\chapter.11) February 14, 1997 Struck through passages are deleted. Underlined passages are added. 11-9 ...... ...., structure Width Maximum Signage Twenty-five (25) feet or less Thirty-five (35) square feet per side More than twenty-five (25) feet Sixty (60) square feet per side but less than fifty (50) feet Fifty (50) feet or more One hundred (100) square feet per side For the purpose of determining the structure width. the structure shall be measured on the frontage facing the street on which the premises is addressed. For the purpose of determining area. the total area is that within the smallest parallelogram. triangle. circle or semi-circle or combinations thereof which will completely enclose the outside perimeter of the over-all sign. including graphics, border. or other display area together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed excluding any bracing or supports. (code\chapter.ll) February 14, 1997 struck through passages are deleted. Underlined passages are added. 11-10 1k. Low Prof~~ Siqns. A low profile s~ may be used in lieu of a ground sign. The leading edge of the sign shall not project into the right-of-way and shall be located in landscaped areas with all edges of the sign enclosed. There may be less than nine (9) feet of clearance between the ground and the bottom of the sign. A maximum height of ten (10) feet as measured from the ground to the highest point of the sign shall be allowed. All other requirements for ground or pole signs shall apply. ~ Political Siqns or Posters. No political siqn shall be erected or placed on publicly owned property. No political sign shall exceed eight (8) square feet. Any political sign that is erected or placed at any location in the City shall be removed within ten (10) days after the conclusion of any election or campaign to which such sign pertains provided. however. that a sign may remain through any primary or run-off election as to any candidate who is subject thereto. ~ Portable Siqn. A business may utilize a portable siqn for a maximum of thirty ( 30 ) days per year to announce special events or grand openings upon issuance of a permit by the Building Official. No portable sign shall exceed thirty-two (32) square feet. Only one (1) portable sign shall be located on anyone parcel at any given time. In the event two (2) or more businesses in (code\chapter.11) February 14, 1997 struck through passages are deleted. Underlined passages are added. 11-11 a shoppi~ center apply for simul ~leous use of a portable sign, the business which has not utilized a portable sign for the longest period of time prior to the application shall be entitled to the permit. Portable signs shall not be placed in required parking places or in a manner which shall restrict traffic flow or use of required parking spaces. These signs shall not be placed within ten (10) feet of the paved portion of the right- of-way. ~ Proiectinq Siqns. proiectinq siqn may be erected subiect to the following: ~ Projection limitations. The sign shall not extend more than four (4) feet beyond the surface of the portion of the building to which it is attached. h Surface area limitations. The surface area of a projecting sign shall not exceed twelve (12) square feet per building story. ~ Minimum clearance. There shall be a clearance of at least nine (9) feet between the ground and the bottom of the sign and no sign shall overhang the vertical projection of the right-of-way. ~ Real Estate Siqns. Non-illuminated siqns advertisinq the sale or lease of the property on which the sign is located are permitted in all districts and shall not exceed thirty-two (32) square feet. Ground or pole signs located on a parcel which is for sale or lease shall not (code\chapter.11) February 14, 1997 struck through passages are deleted. Underlined passages are added. 11-12 be used a~for sale signs" but shall lW'strictly limited to the advertisement of the property's business. .L.. Shoppinq Center Siqns. Shoppinq center siqns may be erected subject to the following: ~ One ground or pole sign with a maximum surface area of one hundred (100) square feet per side and a maximum total surface area of two hundred (200) square feet shall be permitted. The maximum height shall be twenty (20) feet as measured from the ground to the highest point of the sign. There shall be a clearance of nine (9) feet between the ground and the bottom of the sign unless a low profile sign is used pursuant to Paragraph D of this Section. A maximum of twenty (20) percent of the sign area may identify the shopping center and the remaining percentage shall be devoted to tenants. ~ Shopping centers located on parcels that exceed one hundred fifty (150) feet in front footage shall be permitted two (2) ground or pole signs. One sign shall be devoted to the anchor structure as designated by the owner of the shopping center. This sign shall not exceed one hundred (100) square feet per side with a maximum total surface area of two hundred (200) square feet permitted. The other sign (the tenant sign) shall not exceed one hundred (code\chapter.11) February 14, 1997 struck through passages are deleted. Underlined passages are added. 11-13 (100-,- square feet per side wit......-a maximum total surface area of two hundred (200) square feet permitted. A maximum of twenty (20) percent of the sign area may identify the shopping center and the remaining percentage shall be devoted to tenants. ~ Wall Siqns. The allowable surface area for wall siqns is dependent on structure width. Wall signs may be placed on the sides as well as the front of a structure. The total combined sign area shall not exceed two (2) square feet of sign area per lineal foot of the smallest frontage. For the purpose of determining area. the total area is that within the smallest parallelogram. triangle. circle or semi-circle or combinations thereof which will completely enclose the outside perimeter of the over-all sign. including graphics. border or other display area together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed excluding bracing or supports. ~ Banner Siqns. Banner siqns are allowed upon the issuance of a permit by the Building Official. Only one (1) banner sign shall be placed at any location. lot or parcel at any given time. Size. location. and time limitation shall be as set forth below: .L. Banner signs shall be permitted only in nonresidential zoning districts. However. banner (code\chapter.11) February 14, 1997 struck through passages are deleted. Underlined passages are added. 11-14 sign~shall not be allowed in ~e B-4. Tourist Commercial district. h The maximum sign area shall be thirty-two (32) square feet. ~ Banners shall not be located in any right-of-way. One ( 1 ) banner sign per street frontage may be displayed during special events. Such signs may carry business or product logos and generic messages commemorating the event and/or welcoming visitors. The sign shall not convey specific sales information such as prices, "specials" or any other information of this type or nature. ~ Banners may be erected up to one (1) week prior to the event and must be removed no later than forty- eight (48) hours following the event with a maximum time limit of thirty (30) days per event. ~ Requests for banner signs spanning any right-of- way. larger than allowed above or for a longer duration than permitted above shall require approval of the City Council. Such approval shall be predicated upon the advertisement of a city-wide function approved by the City Council. k Ci tv Franchise Siems. Offsite siqns shall only be permitted in accordance with a franchise agreement approved by the City Council consistent with the following criteria: (code\chapter.11) February 14, 1997 Struok through passages are deleted. Underlined passages are added. 11-15 .L.. Sign~shall not be located clo!!lWi than ten (10) feet to the paved surface of a right-of-way unless approved by the City Engineer. ~ Signs bearing public information as designated by the City Manager may be located within all zoning districts. ~ There shall be a minimum of nine (9) feet between the ground and the bottom of the sign. The maximum height shall be sixteen (16) feet. ~ The applicable fees shall be established within the franchise agreement. ~ Electrical service installation and usage charges shall be the franchisee's responsibility. ~ The franchisee shall provide a sealed survey identifying the right-of-way boundary and the paved surface as a part of any application for a sign permit. h The franchisee shall be responsible for any sign permit application. M. Public Information Siqns. Siqns containinq no commercial messages and directing traffic to public or semi-public uses may be located offsite. Public information signs shall not exceed four (4) square feet. ~ Window Siqns. Siqns containinq advertisinq may be placed inside a window or upon the pane or glass provided that no more than twenty-five percent (25%) of the individual (code\chapter.11) February 14, 1997 Struck through passages are deleted. Underlined passages are added. 11-16 window ar~ is used for signage. ...", ~ Subdivision Siqns. A low profile siqn not exceedinq one hundred (100) square feet identifying a residential subdivision shall be permitted at each subdivision entrance. Such signs shall comply with the requirements of Paragraph D of this Section. Section 1108. Prohibited Signs A. No person shall erect a sign on or over any public property or public right-of-way except in accordance with a franchise agreement approved by the City Council. Any sign installed or placed on public property shall be forfeited to the public and subject to confiscation. In addition to other remedies that may be available. the City shall have the right to recover from the owner or person placing such sign. the full costs of removal and disposal of such signs. ~ The operation or parking of any vehicle for the purpose of advertising is prohibited within the City of Edgewater. ~ Roof signs. offsite signs. billboards. portable signs. inflatable signs. snipe signs. banners. pennants. wind operated devices. sandwich signs. moving signs. flashing signs and signs with moving or alternating lights are prohibited except as permitted elsewhere in this Chapter. ~ Any free standing or projecting sign within an area bounded by the intersection of two (2) rights-of-way and (code\chapter.11) February 14, 1997 struck through passages are deleted. Underlined passages are added. 11-17 points tl:......y (30) feet from such intt:..~ction along the rights-of-way except as permitted elsewhere in this Chapter. Section 1109. Minimum requirements The regulations set forth in this Chapter shall be considered to be minimum requirements for the purpose of promoting the general public health. safety and welfare of the citizens of the City of Edgewater. Florida. Section 1110. Signs for Special Events Signs for a special athletic. civic or charitable event may be authorized by the City Council. Such requests shall be filed with the Building Division on forms prescribed by the Building Official. Upon receipt. the request shall be forwarded to the City Manager for placement on the agenda of the next available meeting of the City Council. Section 1111. Variance Procedure Pursuant to the provisions of Article 2 of Chapter 10 of this Code. the LDRA may grant a variance from the requirements of this Chapter. However. the LDRA shall not grant a variance for (1) a sign exceeding the established square footage requirements or (2) for a sign prohibited by this Chapter. Section 1112. Summary of Regulations No sign shall be allowed except as provided in this Chapter or located except in accordance with the table below. (code\chapter.11) February 14, 1997 struck through passages are deleted. Underlined passages are added. 11-18 SIGNS PERMITTED BY USE Construction Signs Development Signs Ground Signs Identification Signs Low Profile Signs Off-site Siqns Political Siqns Portable Signs PriVate Directional Signs PrOiectinq Siqns Public Information Signs Real Estate Signs Roof Signs ShoppinqCenter Signs Subdivision Signs Wall Graphics, Murals Wall Signs (code\chapter.11) February 14, 1997 Struok through passages are deleted. Underlined passages are added. 11-19 ...... ......, EXHIBIT B CHAPTER 2 DEFINITIONS When used in this Code the following terms shall have the meanings ascribed to them herein: Ab initio - from the beginning. Abandonment - to cease actively using any premises or land for its intended use. Annexation the incorporation of land into the City with a resulting change in the City's boundaries. Arterial - a street that collects and distributes traffic to and from collectors and other arterials. Banner Siqns - any siqn made of liqhtweiqht plastic fabric or other material mounted to a pole or building at one or more edges. Board - Citizen Code Enforcement Board. Bulk - the three-dimensional space wi thin which a structure is permitted to be built. Certificate - a certificate of competency which allows the holder to engage in contracting within the City. Certificate of Occupancy - a certificate approved pursuant to the terms of this Code, allowing the occupancy or use of a building and certifying that the structure or use has been constructed in substantial compliance with all applicable code requirements and ordinances. Change in Use - a discontinuance of an existing use and the substitution with a use of a substantially different kind or class. City - City of Edgewater, Florida. City Council - City Council of the City of Edgewater, Florida. Code Inspector - Any authorized agent of the City whose duty it is to assure code compliance. (code\chapter.2) February 14, 1997 Struck through passages are deleted. Underlined passages are added. 2 - 1 ~ ...., Collector - a street that collects traffic from local streets and connects with an arterial. Competent Substantial Evidence - evidence a reasonable mind would accept to support a conclusion. Includes the testimony of qualified witnesses as opposed to the opinions and objections of interested parties. In determining what constitutes competent substantial evidence, the decision making body must adduce the facts and not merely poll interested parties. Comprehensive Plan - the official public documents and plan on file wi th the City that have been adopted by ordinance by the City Council as amended and used to guide the growth and development of the City. Conditional Use - a use permitted in a district upon a showing that such use in a particular location will comply with all the procedures, standards and conditions for the development or operation of such use contained in this Code. Contractor - a person who, for compensation, undertakes to, submits a bid to, or does himself or by others construct, repair, alter, remodel, add to, demolish, subtract from or improve any building or structure, including related improvements to real estate, for others or for resale to others. Construction Siqn a temporary siqn at the site on which construction is taking place identifying the design professionals, owners. sponsors. financial supporters or other similar individuals having a role or interest in the structure or project. CRE - Construction Regulation Board Dedication - the transfer of property by an owner to the City for public use. Detention - the collection and temporary storage of stormwater in such a manner as to provide for treatment through physical, chemical, or biological processes with subsequent release of the stormwater. Development - the division of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure; any mining, excavation, landfill or land disturbances; and any use or extension of the use of land. (code\chapter.2) February 14, 1997 struck through passages are deleted. Underlined passages are added. 2 - 2 .... ...." Development Agreement - an agreement for the development of a particular property between a person having legal or equitable interest in the land and the City. Development Order - a document issued by the Director of Community Development authorizing specific development activity and further authorizing the subsequent issuance of necessary permits. Development Siqn - a temporary siqn at the site on which a proiect is planned directing attention to and promoting development on that site. Diameter at Breast Height (DBH) - the trunk diameter of a tree measured 4.5 feet above grade. Director - Director of Community Development Exfiltration - water passing through a permeable substance such that the water is filtered as it is discharged from a water conveyance facility. Festoon - a carved, molded or painted ornamental border on a building or structure. Final Record Plat - a map or set of maps for all or a portion of a subdivision that is presented to the City for final approval. Flood Plain - land which will be inundated by floods known to have occurred or reasonably characteristic of what can be expected to occur from the overflow of inland or tidal waters and the accumulation of runoff of surface waters from rainfall. Frontage - the length of a lot that fronts on a public street. Hammock - an area that is usually higher than surrounding lands and that is characterized by hardwood vegetation and deep humus rich soils. Hazardous Material - any substance that by reason of its toxic, caustic, corrosive, abrasive or otherwise injurious properties, may be detrimental or deleterious to the health of any person handling or otherwise coming into contact with such substance. Hearing de Novo - a hearing held for the second time, but as if there had been no former decision. (code\chapter.2) February 14, 1997 struck through passages are deleted. Underlined passages are added. 2 - 3 ...... """'" Land Use - the occupation or utilization of land. LDRA - Land Development and Regulatory Agency. Low Profile Siqn - any siqn in which the entire bottom is in contact with or is close to the ground and is independent from any buildings or other structures. Mean High Water (MHW) - the average height of the river for all high tides as established under Chapter 18-21 of the Florida Administrative Code. Mean Low Water (MLW) - the average height of the river for all low tides. Metes and Bounds - a method of describing the boundaries of land by compass bearings and distances from a known point of reference. Minor Replat - subdivision or resubdivision of land no more than 5 acres in size into no more than 5 separate lots. National Geodetic Vertical Datum (NGVD) - vertical control used as a reference for establishing varying elevations within a given plain as corrected by the U. S. Geological Survey in 1929. Nonconforming Lot - a lot, the area, dimensions, or location of which was lawful prior to the adoption, revision, or amendment of this Code but that fails by reason of such adoption, revision, or amendment to conform to this Code. Nonconforming Structure a structure or building, the size, dimensions, or location of which was lawful prior to the adoption, revision, or amendment of this Code but that fails by reason of such adoption, revision, or amendment to conform to the present requirements of the Code. Nonconforming Use - a use or activity that was lawful prior to the adoption, revision, or amendment of this Code but that fails by reason of such adoption, revision, or amendment to conform to the present requirement of the Code. Notice of Lis Pendens - information or announcement that a lawsuit is pending. One Hundred Year Flood Plain - a flood plain which has 1% chance of inundation in any given calendar year. (code\chapter.2) February 14, 1997 struck through passages are deleted. Underlined passages are added. 2 - 4 "-" ~ Outfall - a direct connection of an overflow and/or drain-down device from a retention area to an off site location or drainage facility. Peak hour - the hour during which the heaviest volume of traffic occurs on a roadway. Pennant - any liqhtweiqht plastic, fabric or other material whether or not containing a message of any kind. suspended from a rope, wire or string which is designed to move in the wind. Permit written authorization issued by the City or other governmental entity empowering the holder of the authorization to do some act not forbidden by law, but not allowed without such authorization. Person - includes individuals, firms, associations, joint ventures, partnerships, estates, trusts, corporations, and all other groups or combinations. Plat - a map or set of maps depicting a subdivision. Pole Sian - any siqn that is mounted on a freestandinq pole or other support that is independent from any building or other structure. Political Sian a temporary siqn announcinq or supportinq political candidates or issues in connection with any national, state or local election. Portable Sian - any siqn not permanently attached to the qround or other permanent structure. or a sign designed to be transported. including. but not limited to signs to be transported by means of wheels. Potable Water - water suitable for drinking or cooking purposes. Preliminary Record Plat a map and related site information indicating the proposed layout of a subdivision. Proiectina Sian - any siqn affixed to a buildinq or wall in such a manner that its leading edge extends more than six (6) inches beyond the surface from such building or wall. Real Estate Sian - any siqn pertaininq to the sale or lease of the property on which the sign is located. (code\chapter.2) February 14, 1997 struok through passages are deleted. Underlined passages are added. 2 - 5 ..... ...., Repeat Violation - a violation of a provision of this Code by a person who the Citizen Code Enforcement Board has previously found to have violated the same provision within five (5) years prior to the violation. Retention - the prevention of, or to prevent the discharge of, a given volume of stormwater runoff into surface waters of the City or State, by complete onsite storage. Roof Siqn - a siqn mounted on the roof of a buildinq or that is wholly dependant upon a building for support and that projects above the top edge of a building with a flat roof. the eave line of a building with a gambrel. gable. or hip roof or the deck line of a building with a mansard roof. Section - a unit of land measurement containing 640 acres, 1 square mile, or 1/36 of a township. Shoppinq Center a qroup of four (4) or more commercial establishments planned. constructed and managed as a total entity with customer and employee parking provided on-site. Si qn - any device or display, consistinq of letters, numbers, symbols. pictures. illustrations. announcements. cut-outs. insignia. trademarks. and demonstrations. designed to advertise, inform. identify. or to attract the attention of persons not on the premises on which the device or display is located. and visible from any public way. A sign shall be construed to be a single display surface or device containing elements organized. related and composed to form a single unit. In cases where material is displayed in a random or unconnected manner where there is reasonable doubt as to the intended relationship of such components. each component or element shall be considered to be a single sign. A projecting or ground sign with sign surface on both sides of such sign shall be construed as a single sign. and the total area of such sign shall be the area computed on a single sign. Site Plan a group of documents containing sketches, text, drawings, maps and other materials intended to present and explain certain elements of proposed development including physical design, si ting of buildings and structures, vehicular and pedestrian access, the provision of utilities, and the inter-relationship of these elements. (code\chapter.2) February 14, 1997 Struok through passages are deleted. Underlined passages are added. 2 - 6 "'-" 'WI Snipe Sian - a siqn that is attached in any way to a tree, utility pole. traffic control device or other similar object. Subdivision - the division of a lot, tract, or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale, development or lease. Township - a division of land into tracts of six miles square, containing thirty-six sections of 640 acres each. Traffic Count a tabulation of the number of vehicles or pedestrians passing a certain point during a specified period of time. TRY - Technical Review Committee Trip - a single or one-way vehicle movement either to or from a subject property or study area. Trip Assignment - the number of vehicle trips that will access each route to and from a development. Trip Distribution - the measure of the number of vehicle movements that are or will be made between geographic areas. Trip Generation development. the total number of trips generated by a Variance - permission to depart from the literal requirements of this Code. Wall Sian - a siqn fastened to or painted on the wall of a buildinq or structure in such a manner that the wall becomes the supporting structure for. or forms the background surface of the sign. and does not project more than six (6) inches from such building or structure. Warranty Deed - a deed warranting that the grantor has a good title, free and clear of all liens and encumbrances and will defend the grantee against all claims. Wastewater - water carrying wastes from homes, businesses and industries that is a mixture of water and dissolved or suspended solids. Wetlands - an area that is inundated or saturated by surface or (code\chapter.2) February 14, 1997 Struc]c through passages are deleted. Underlined passages are added. 2 - 7 groundwater that under vegetation, (code\chapter. 2) February 14, 1997 ..., at a frequency and duration normal circumstances does typically adapted for life struok through passages are deleted. Underlined passages are added. 2 - 8 ...., sufficient to support, and support, a prevalence of in saturated soils.