94-O-26L .
ORDINANCE NO. 94 -0 -26
AN ORDINANCE ENACTING THE ADMINISTRATIVE PORTION OF THE
LAND DEVELOPMENT CODE OF THE CITY OF EDGEWATER, FLORIDA;
PROVIDING FOR GENERAL PROVISIONS, TITLE, AUTHORITY,
PURPOSE AND INTENT, APPLICABILITY, CONSISTENCY WITH
COMPREHENSIVE PLAN, INCORPORATION BY REFERENCE, RULES OF
INTERPRETATION, REPEAL OF PRIOR PROVISIONS, EFFECTIVE
DATE, ENACTMENT, SEVERABILITY, AND MINIMUM REQUIREMENTS;
PROVIDING FOR DEFINITIONS; PROVIDING FOR ADMINISTRATION
AND ENFORCEMENT; PROVIDING FOR DECISION - MAKING AND
ADMINISTRATIVE BODIES, CITY COUNCIL, LAND DEVELOPMENT AND
REGULATORY AGENCY, LOCAL PLANNING AGENCY, CONSTRUCTION
REGULATION BOARD, AND TECHNICAL REVIEW COMMITTEE;
PROVIDING FOR APPLICATION AND HEARING PROCEDURES,
WITHDRAWAL OF APPLICATIONS, NOTICE, AND HEARING
PROCEDURES; PROVIDING FOR ENFORCEMENT PROCEDURES, CITIZEN
CODE ENFORCEMENT BOARD, DISCIPLINARY CONTROL REGULATIONS
OF THE CONSTRUCTION REGULATION BOARD, AND OTHER PENALTIES
AND REMEDIES; PROVIDING FOR APPEALS OF ADMINISTRATIVE
DECISIONS, GENERAL PROVISIONS AND PROCEDURES; PROVIDING
FOR SITE PLANS, GENERAL PROVISIONS, REVIEW OF
APPLICATIONS FOR SITE PLAN APPROVAL, EXPIRATION OF FINAL
SITE PLAN APPROVAL, AND SUBMITTALS FOR SITE PLANS;
PROVIDING FOR SUBDIVISION AND PLATTING PROCEDURES,
SUBDIVISION AND PLATTING REQUIREMENTS, REVIEW OF
APPLICATIONS FOR PRELIMINARY RECORD PLATS AND
CONSTRUCTION PLANS, EXPIRATION OF PRELIMINARY RECORD
PLATS AND CONSTRUCTION PLANS, SUBMITTALS FOR PRELIMINARY
RECORD PLATS AND CONSTRUCTION PLANS, REVIEW OF FINAL
RECORD PLAT, AND PROCEDURE FOR MINOR REPLATS AND LOT
SPLITS; PROVIDING FOR APPLICATIONS; PROVIDING FOR
AMENDMENTS TO THE COMPREHENSIVE PLAN, LAND DEVELOPMENT
CODE, OFFICIAL ZONING MAP AND FUTURE LAND USE MAP,
GENERAL PROVISIONS, PROCEDURES, TIME LIMITATION, AND
STANDARDS OF REVIEW FOR SMALL SCALE AMENDMENTS TO THE
OFFICIAL ZONING MAP; PROVIDING FOR CONDITIONAL USES,
GENERAL PROVISIONS, PROCEDURES, STANDARDS FOR REVIEW OF
CONDITIONAL USE PERMITS, CONDITIONS ON CONDITIONAL USE
PERMITS, DEVELOPMENT AND ADJUSTMENT OF APPROVED OR
EXISTING CONDITIONAL USES, LIMITATIONS ON CONDITIONAL USE
PERMITS, EXISTING CONDITIONAL USES, AND REVOCATION OF
CONDITIONAL USE PERMITS; PROVIDING FOR DEVELOPMENT
AGREEMENTS, GENERAL PROVISIONS, PROCEDURES, STANDARDS OF
DEVELOPMENT AGREEMENTS, EXECUTION OF DEVELOPMENT
AGREEMENTS, AMENDMENT AND CANCELLATION OF AGREEMENTS BY
MUTUAL CONSENT, EXTENSION OF TIME, RECORDATION, PERIODIC
REVIEW, EFFECT OF CONTRARY STATE OR FEDERAL LAWS, AND
ENFORCEMENT; PROVIDING FOR RIGHT -OF -WAY ABANDONMENT AND
PLAT VACATION, GENERAL PROVISIONS, PROCEDURES, AND EFFECT
OF RECORDING RESOLUTION; PROVIDING FOR VOLUNTARY
ANNEXATION, GENERAL PROVISIONS AND PROCEDURES; PROVIDING
FOR PERMITS, PURPOSE, BUILDING AND RELATED PERMITS,
DRIVEWAY PERMITS, CLEARING AND GRADING PERMITS, TREE
REMOVAL PERMITS (NON- DEVELOPMENT RELATED), STORMWATER
PERMITS, MINING PERMITS, WETLANDS PERMITS, FIRE
PROTECTION PERMITS, AND LOCAL PERMITS NOT EXCLUSIVE;
PROVIDING FOR GUARANTEES AND SURETIES, APPLICABILITY,
IMPROVEMENT AGREEMENTS, AMOUNT AND TYPE OF SECURITY,
COMPLETION OF IMPROVEMENTS, RELEASE OF SECURITY FOLLOWING
COMPLETION OF REQUIRED IMPROVEMENTS AND MAINTENANCE OF
IMPROVEMENTS; PROVIDING FOR CONSTRUCTION AND TECHNICAL
CODES, TECHNICAL CODES ADOPTED, AMENDMENTS TO THE
NATIONAL ELECTRICAL CODE, AND INTERPRETATION AND
ENFORCEMENT; PROVIDING FOR HARDSHIP RELIEF; PROVIDING FOR
NONCONFORMITIES, PURPOSE, NONCONFORMING USES,
NONCONFORMING STRUCTURES, AND NONCONFORMING LOTS OF
RECORD; PROVIDING FOR VARIANCES, GENERAL PROCEDURES AND
VARIANCES FROM DIMENSIONAL REQUIREMENTS; REPEALING
94 -0 -26
*W WV
ARTICLES I THROUGH VIII AND ARTICLES X AND XI OF CHAPTER
7, BUILDINGS AND CONSTRUCTION; FIRE SAFETY OF THE CODE OF
ORDINANCES, CITY OF EDGEWATER, FLORIDA; REPEALING ARTICLE
III AND SECTION 14 -57 OF CHAPTER 14, PLANNING AND ZONING
GENERALLY OF THE CODE OF ORDINANCES, CITY OF EDGEWATER,
FLORIDA; REPEALING SECTION 20 -5 OF CHAPTER 20, WETLANDS
PROTECTION OF THE CODE OF ORDINANCES, CITY OF EDGEWATER,
FLORIDA; REPEALING ARTICLE IV, SECTION 715.00, SECTION
716.00, ARTICLES VIII THROUGH XII OF THE ZONING
ORDINANCE, APPENDIX A, CODE OF ORDINANCES, CITY OF
EDGEWATER, FLORIDA; REPEALING SUBDIVISIONS, APPENDIX B,
CODE OF ORDINANCES, CITY OF EDGEWATER, FLORIDA; 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. Pursuant to the requirements of Section 163.3202, Florida
Statutes, the City is required to adopt land development
regulations to implement the goals, policies and objectives of the
Edgewater Comprehensive Plan.
2. In a series of meetings, the LDRA /Local Planning Agency
has reviewed the administrative portion of the proposed Land
Development Code, found it to be consistent with the Comprehensive
Plan and has recommended its approval to the City Council.
3. It is in the best interest of the citizens of Edgewater,
Florida, that the administrative portion of the Land Development
Code be adopted.
NOW THEREFORE, BE IT ENACTED by the People of the City of
Edgewater, Florida:
PART A. ENACTMENT OF THE ADMINISTRATIVE PORTION OF THE LAND
DEVELOPMENT CODE OF THE CITY OF EDGEWATER, FLORIDA.
The administrative portion of the Land Development Code of the
City of Edgewater, Florida, consisting of Chapters 1 through 10,
which is attached hereto and incorporated by reference as Exhibit
A is hereby adopted.
PART B. REPEAL OF CERTAIN PROVISIONS OF THE CODE OF ORDINANCES OF
THE CITY OF EDGEWATER, FLORIDA.
The following provisions of the Code of Ordinances of the City
of Edgewater, Florida, are hereby repealed:
1. Articles I through VIII and Articles X and XI of Chapter
7, Buildings and Building Construction; Fire Safety, Code
of Ordinances, City of Edgewater, Florida.
2. Article III and Section 14 -57 of Chapter 14, Planning and
Zoning Generally, Code of Ordinances, City of Edgewater,
Florida.
3. Section 20 -5 of Chapter 20, Wetlands Protection, Code of
Ordinances, City of Edgewater, Florida.
94 -0 -26 2
4. Article IV, Section 715.00, Section 716.00, Articles VIII
through XII, Zoning Ordinance, Appendix A, Code of
Ordinances, City of Edgewater, Florida.
5. Subdivisions, Appendix B, Code of Ordinances, City of
Edgewater, Florida.
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 affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be
inapplicable to any person, property, or circumstances, such
holding shall not affect its applicability to any other person,
property, or circumstance.
PART E. EFFECTIVE DATE.
This ordinance shall take effect on January 1, 1995.
PART F. ADOPTION.
After Motion by Councilwoman Martin and Second by Councilman
Hays, the vote on the first reading of this ordinance held on
October 17, 1994, was as follows:
Mayor Jack H. Hayman, Sr. AYE
Councilman Kirk Jones ABSENT
Councilwoman Louise A. Martin AYE
Councilman Mike Hays AYE
Councilman David L. Mitchum AYE
After Motion by Councilman Hays and Second by Councilman
Mitchum, the vote on the second reading of this ordinance was as
follows:
Mayor Jack H. Hayman, Sr. AYE
Councilman Kirk Jones AYE
Councilwoman Louise A. Martin AYE
Councilman Mike Hays AYE
Councilman David L. Mitchum AYE
94 -0 -26 3
PASSED AND DULY ADOPTED this 7th day of November, 1994.
ATTEST:
94-0-26
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
Hy.
. Jack H an, 8
may
APPR FOR FORK
AND CORRECTNESS:
A
rista A. Storey
City Attorney
Land Development Code
of the
City of Edgewater, Florida
Adopted November 7, 1994
Effective January 1, 1995
Officals
IT
the City of Edgewater
Jack H. Hayman, Sr.
Mayor
Louise A. Martin
Vice Mayor
Danny H. Hatfield
Mike Hays
David L. Mitcham
Councilmembers
Krista A. Storey
City Attorney
Susan J. Wadsworth
City Clerk
George E. McMahon
City Manager
Mark P. Karat
Director of Community Development
Dece-%bed 7. '-114
CHAPTER 1
GENERAL PROVISIONS
Section 101. Title
This code shall be entitled the "Land Development Code of the
City of Edgewater, Florida" and referred to herein as the
"Land Development Code" or the "Code".
Section 102. Authority
This Code is enacted pursuant to the requirements and
authority of Section 163.3202, Florida Statutes (the Local
Government Comprehensive Planning and Land Development
Regulation Act), the Charter of the City of Edgewater, and the
general powers delegated to the City under Chapter 166,
Florida Statutes.
Section 103. Purpose and Intent
The Land Development Code has been adopted to implement the
goals, policies and objectives of the Comprehensive Plan
pursuant to Section 163.3202, Florida Statutes. The Code
establishes regulations and procedures governing the use and
development of land for the purpose of protecting the health,
safety, and welfare of the citizens of Edgewater and enhancing
the harmonious, orderly, and progressive development of the
City.
Section 104. Applicability
104.01 General applicability. The provisions of this Code shall
apply to all development and land use activities within
the corporate limits of the City of Edgewater. Existing
structures and uses that are inconsistent with the
provisions of this Code shall be permitted only as
provided for in Chapter 10, Hardship Relief, of this
Code. All development and land use applications filed
after the effective date of this Code shall be considered
for approval under the provisions of this Code.
104.02 Exception. The provisions of this Code and any
amendments hereto shall not affect the validity of any
building permit or site plan lawfully issued prior to
January 11 1995, (the effective date of this Code)
provided that the building permit or site plan does not
expire. In the event a building permit or site plan
expires, any further development on the site shall occur
only in conformance with the requirements of this Code.
(code\chapter. 1)
December 7, 1994
ARTICLE 2
VARIANCES
Section Page
Section 1010. General Procedures .......................... 10-3
Section 1011. Variances from Dimensional Requirements..... 10-4
December 7, 1994
Vii
Section 105. consistency with Comprehensive Plan
where a conflict exists between this Code and the
Comprehensive Plan, this Code shall be interpreted and
administered to achieve consistency with the overall goals,
policies, and objectives of the Comprehensive Plan as
interpreted by the City Council, until such time as the Code
and/or Comprehensive Plan can be amended to resolve the
conflict.
Section 106. Incorporation by Reference
The following maps are hereby incorporated by reference and
made a part of this Code:
A. Comprehensive Plan - Future Land Use Map
B. Comprehensive Plan - Future Traffic Circulation Map
C. Comprehensive Plan - Environmentally Sensitive Areas
D. Maps of Flood Plan Areas
E. official Zoning Map
F. Generalized Location of FEMA A Zones
Section 107. Rules of Interpretation
107.01 Generally. This Code shall be construed liberally to
effect the purposes thereof, and the rules of this
Section shall be observed except when the context clearly
requires otherwise.
A. Words used or defined in one tense or form shall include
other tenses or derivative forms.
B. words in the singular shall include the plural and words
in the plural shall include the singular.
C. The masculine gender shall include the feminine and the
feminine shall include the masculine.
D.
The
particular shall
control
the
general.
E.
The
words "should" or
"shall"
or
"will" are
mandatory.
F. The word "may" is permissive.
G. In the event of a conflict between the text of this Code
and any caption, illustration, table, or map, the text
(code\chapter.1) 1 - 2
December 7, 1994
shall control.
H. The word "includes" shall not limit a term to the
specified examples, but is intended to extend its meaning
to all other instances or circumstances of like kind or
character.
I. The word "erected" also includes constructed,
reconstructed, altered, placed, or relocated.
J. Unless the context clearly indicates the contrary, where
a regulation involves two (2) or more items, conditions,
provisions or events connected by the conjunction "and,"
"or" or "either...or, " the conjunction shall be
interpreted as follows:
1. "And" indicates that all the connected terms,
conditions, provisions or events shall apply.
2. "Or" indicates that the connected items, conditions,
provisions or events may apply singly or in any
combination.
3. "Either... or" indicates that the connected items,
conditions, provisions or events shall apply singly
but not in combination.
R. Words or phrases shall be construed according to their
customary meaning unless defined in this Code.
L. The terms "written" or "in writing" shall be construed to
include any representation of words, letters, diagrams or
figures, whether by printing or otherwise.
107.02 Computation of time. The time within which an act is to
be done shall be computed by excluding the first and
including the last day. If the last day is a Saturday,
Sunday, or holiday recognized by the City of Edgewater,
that day shall be excluded.
107.03 Delegation of authority. Whenever a provision appears
requiring the head of a department or some other City
officer or employee to do some act or perform some duty,
it is to be construed to authorize delegation to
qualified subordinates to perform the required act or
duty unless the terms of the provision specify otherwise.
107.04 Boundaries. Where a map is incorporated into this Code,
boundaries on such map which are shown as following or
approximately following a street, utility line, railroad,
river, stream, or other similar linear feature shall be
(code\chapter.l)
December 7, 1994 1 - 3
construed as following the centerline of that feature.
Boundaries which are shown as following or approximately
following any platted lot line or other property line,
section line, half -section line, or quarter -section like
shall be construed as following such line.
section 108. Repeal of Prior Provisions
The following ordinances and provisions are hereby repealed as
of the effective date of this Code:
er
A. 7rt cles I Buildings
ildingsr and Construction;ough VIII and Articles
Safety,, Code tof
Ordinances, City of Edgewater, Florida.
ction 14-57 of Chaper
anning
B.
zoning eGenerally, e Code of Ordi antes, H III and City of lEdgewad Edgewater,
Florida.
C. section 20-5 of Chapter 20, Wetlands Protection, Code of
Ordinances, City of Edgewater, Florida.
D. Article IV, Section 715.00, Section 716.00, Articles
VIII through XII, Zoning ordinance, Appendix A, Code of
Ordinances, City of Edgewater, Florida.
E. Subdivisions, Appendix B, Code of Ordinances, City of
Edgewater, Florida.
Section 109. Effective Date; Enactment
This Code shall become effective on January 1, 1995. When any
provision of this Code is amended, the effective date of the
amendment shall control for the purposes of deciding any
question related to such amendment.
section 110. Severability
If any portion of this Code is for any reason held or declared
to be unconstitutional, inoperative, or void, such holding
shall not affect the remaining portions of this Code. If this
Code 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.
section 111. Minimum Requirements
The provisions of this Code are the minimum requirements
necessary to accomplish the purpose of this Code.
(code\chapter.l) 1 - 4
December 7, 1994
CEAPTER 3
ADMINISTRATION AND ENFORCEMENT
ARTICLE 1
DECISIONMARING AND
ADMINISTRATIVE BODIES
Section 301. City Council
The City Council shall exercise the following powers and
duties under this Code.:
A. To initiate, review and adopt amendments to the
Comprehensive Plan of the City of Edgewater pursuant to
Section 602 of this Code.
e. To initiate, review, and adopt amendments to the Zoning
ordinance of the City of Edgewater pursuant to Section
602 of this Code.
C. To initiate, review, and adopt amendments to this Code
pursuant to Section 602 of this Code.
D.
review pursuant to Section 505.04 applications
1for subdivision
this Code.
plats
E. To hear and decide appeals of a decision of the Land
Development and Regulatory Agency regarding conditional
uses as provided in Section 611.04 of this Code.
F. To hear and decide appeals of a decision of the Land
Development and Regulatory Agency regarding variances as
provided in Section 1011.04 of this Code.
G. To hear and decide appeals of a decision of the Land
Development and Regulatory Agency regarding a decision,
order, determination or interpretation of an
administrative officer of the City pursuant to Section
331.05 of this Code.
or
H. To review and grant or agreements pursuant todSeceny applications
nfdevelopment
tion621.04ofthisCodeP
I review
and
cdeny
applications
for annexation
pursuanttoSection 641.04of this Code.
J. To review and grant or deny applications for right-of-way
abandonment and plat vacation pursuant to Section 631.03
of this Code.
K. To review and grant or deny applications for mining
(code\chapter.3) 3 — 1
December 7, 1994
permits pursuant to Section 707 of this Code.
L. To hear and decide appeals of a decision of the
Construction Regulation Board regarding contractor
discipline pursuant to Section 321 of this Code.
M. To hear and decide appeals of a decision of the
Construction Regulation Board regarding a decision of the
Building Official or Fire Chief pursuant to Section
903.08 of this Code.
N. To establish by resolution a schedule of fees to cover
the costs of technical and administrative activities
required by this Code.
Section 302. Land Development and Regulatory Agency
302.01 Powers and Duties. The Land Development and Regulatory
Agency (hereafter LORA) shall exercise the following
powers and duties under this Code:
A. To initiate, review, and recommend for approval or denial
to the City Council amendments to the Zoning Ordinance of
the City of Edgewater pursuant to Section 602 of this
Code.
B. To initiate, review, and recommend for approval or denial
to the City Council amendments to this Code pursuant to
Section 602 of this Code.
C. To review and recommend for approval or denial to the
City Council applications for subdivision plats pursuant
to Section 505.04 of this Code.
D. To review and approve, approve with modifications, or
deny applications for conditional use permits pursuant to
Section 611.03 of this Code.
E. To authorize variances from the dimensional requirements
of this Code pursuant to Section 1011 of this Code.
F. To hear and decide appeals from any decision, order,
determination or interpretation of an administrative
officer of the City pursuant to Section 330 of this Code.
G. To review and recommend for approval or denial to the
City Council applications for development agreements
pursuant to Section 621.03 of this Code.
H. To review and recommend for approval or denial to the
City Council applications for annexation pursuant to
(code\chapter.3)
December 7, 1994 3 - 2
Section 641.03 of this Code.
I. To review and recommend for approval or denial
applications for mining permits pursuant to Section 707
of this Code.
J. To serve as the Local Planning Agency pursuant to Section
303 of this Code.
K. To make its special knowledge and expertise available,
upon written request and authorization of the City
Council, to any official, department, board,
or federal
or agency of the City, or of any county,
government.
L. To adopt rules of procedure not inconsistent with the
provisions of this Code and approved as to legal form and
correctness by the City Attorney.
302.02 Membership: Appointment, Removal, Terms, Vacancies and
Qualifications.
A. The LDRA shall be composed of seven (7) members who shall
be appointed by the City Council -
of
B. NolCitybers of employeehe LDRA shall behall be membereofdthesLDRA. City.
C. All members of the LDRA shall be appointed for a term of
three (3) years without compensation, but may receive
travel and other necessary expenses while on official
business of the LDRA. Due to the need to stagger terms
to guarantee continuity on the LDRA, the initial terms of
some members may have been less than three (3) years.
D. if a member is absent for three (3) consecutive regular
meetings or twenty-five (25) percent or more of all
meetings held during a calendar year, said member shall
forfeit the office. At such time as a member no longer
complies with the residency requirement, said member
shall
forfeit
his
office.
remainder of the unexpired term.
hall fill
term,
theofficeforthe
E. Any member of the LDRA may be removed for cause by the
city Council at any time, provided, however, that before
such removal the member shall be provided with written
charges and given an opportunity to appear in his defense
at a public meeting.
F. No member of the LDRA shall vote upon any matter which
would inure to his special private gain) which would
(code\chapter.3) 3 - 3
December 7, 1994
inure to the special private gain of any principal by
which he is retained or to the parent organization or
subsidiary of a corporate principal by which he is
retained; or which would inure to the special private
gain of a relative or business associate.
G. No member of the LDRA shall appear for or represent any
person other than himself before the LDRA.
H. No member of the LDRA shall appear before the LDRA except
when representing himself for a period of twelve (12)
calendar months after his service has ended.
302.03 Officers.
A. The LDRA shall elect a Chairman and Vice Chairman from
among its members at the first regular meeting in January
each year to serve a term of one (1) year. The officers
shall be eligible for re-election.
B. The Chairman shall preside at all meetings and hearings
of the LDRA and appoint any committees that are deemed
necessary.
C. In the absence of the Chairman, the Vice Chairman shall
preside at all meetings and hearings of the LDRA.
D. The members of the LDRA may select an additional person
who shall preside over meetings in the absence of the
Chairman and Vice Chairman.
E. The Secretary, provided by the City, shall keep minutes
of the proceedings of the LDRA.
302.04 Quorum and Necessary Vote.
A. No business shall be transacted by the LDRA without a
quorum. A quorum shall consist of five (5) members.
B. The affirmative vote of four (4) members is required for
all final action of the LDRA regarding development
applications. All other actions of the LDRA shall
require the affirmative vote of a majority of the members
present.
302.05 Meetings, Hearings, and Procedures.
A. The LDRA shall meet at regular monthly intervals and at
such other times as it may deem necessary.
B. Special meetings of the LDRA may be called by the
(code\chapter.3) 3 - 4
December 7, 1994
Chairman if at least three (3) days notice of the special
meeting is given to each member of the LDRA. Incase of
call an
extenuating circumstances, the Chairman may
emergency meeting if at least twenty-four (24) hours
notice is given to each member.
C. The LDRA may continue a regular meeting if all business
cannot be completed on that day. The date and time of
the meeting's resumption shall be stated by the presiding
officer at the time of continuance.
D. In the event that less than ahquorrum isding present at abe
ny
proceeding of the LDRA,
rescheduled within a reasonable period of time. The
Secretary shall notify all parties and such other
of ignated
place intereand ddate of the persons srescheduled may be sproceeding. the time,
302.06 Offices of the City Attorney and the Director of
Community Development. The City Attorney and the
Director of Community Development shall provide the
necessary professional support to the LDRA.
Section 303. Local Planning Agency
303.01 Powers and Duties. The Local Planning Agency, in
accordance with The Local Government Comprehensive
Planning and Land Development Regulation Act, Section
163.3174, Florida Statutes, shall:
A. Be the agency responsible for the preparation of the
Comprehensive Plan and shall make recommendations to the
City Council regarding the adoption of such plan or
element or portion thereof. The City Council, in
cooperation with the Local Planning Agency, may designate
any agency, committee, department, or person to prepare
the Comprehensive Plan or any element thereof, but final
recommendation of the adoption of such plan to the City
Council shall be the responsibility of the Local Planning
Agency.
B. Monitor and oversee the effectiveness and status of the
Comprehensive Plan and recommend to the city Council such
changes in the Comprehensive Plan as may be required from
time to time, including preparation of the periodic
reports required by Section 163.3191.
C. Review proposed amendments to this Code and make
recommendations to the City Council as to the consistency
of the proposal with the Comprehensive Plan.
(code\chapter.3) 3 - 5
December 7, 1994
D. Perform any other functions, duties, and responsibilities
assigned to it by the City Council or by general or
special law.
303.02 Designation and Establishment. Pursuant to, and in
accordance with Section 163.3174, Florida Statutes, Local
Government Comprehensive Planning and Land Development
Regulation Act, the Land Development and Regulatory
Agency is hereby designated and established as the Local
Planning Agency for the City of Edgewater.
Section 304. Construction Regulation Board
304.01 Creation, Powers and Duties. The Construction Regulation
Board (hereafter CRB) is hereby created and shall
exercise the following powers and duties under this Code:
A. To review the building, fire, and other related technical
codes and policies.
B. To hear appeals of a decision or action of the Building
Official or Fire Chief regarding the adopted technical
codes pursuant to Section 903 of this Code.
C. To provide recommendations to the City Council on
building and construction related matters.
D. To exercise disciplinary control and oversight over
locally licensed contractors pursuant to Section 321 of
this Code.
E. To adopt rules of procedure not inconsistent with the
provisions of this Code and approved as to legal form and
correctness by the City Attorney.
304.02 Membership: Appointment, Removal, Terms, Vacancies and
Qualifications.
A. The CRB shall be composed of seven (7) members appointed
by the City Council. Five (5) members shall be
representative of the following: Florida licensed
general contractor, Florida licensed architect or
structural engineer, Florida licensed property or
casualty agent, Florida certified fire inspector or
firefighter, and a citizen at large. The remaining two
(2) members shall be chosen from the following Florida
licensed contractors: electrical, plumbing, and air
conditioning. The architect shall be other than a
landscape architect. No City employee shall be a member
of the CRB.
(code\chapter.3)
December 7, 1994 3 - 6
RB hall be a
dent of
unlessenoequalified Cresident candidate applies.
the City
Each mmbr of the applies,
CRB members shall serve on no other City board or
committee.
>. Members of the CRB shall be appointed for a term of three
(3) years without compensation but may receive travel and
other necessary expenses while on official business of
the CRB. Due to the need to stagger terms to guarantee
continuity on the CRB, the initial appointments shall be
as for one
( follows' two (2
) members shall be appointed members shall be ntnfor
1)year, two (2)
years, and two (2) members shall be appointed for three
(3) years.
E. If a member of the CRB is absent for three (3)
consecutive regular meetings or twenty five (25) percent
or more of all meetings held during any calendar year,
said member shall forfeit the office. The City Council
shall fill the office for the remainder of the unexpired
term.
F. A member of the CRB may be removed for cause by the City
Council at any time, provided however, that before such
removal the member shall be provided with written charges
and given an opportunity to appear in his defense at a
public meeting.
G. No member of the CRB shall vote upon any matter which
would inure to his special private gain; which would
inure to the special private gain of any principal by
which he is retained or to the parent organization or
subsidiary of a corporate principal by which he is
retained; or which would inure to the special private
gain of a relative or business associate.
ar for or represent any
H. No person bin anyer of matter atter before thhe cRB shall e CRB other than himself.
I. No past member of the CRB shall appear before the CRB
exceing
(12)pcalendaremonthstafthi
mself
service hperiod twelve
has ended.
304.03 officers.
A. The CAB shall elect a Chairman and Vice Chairman from
among its members at the first regular meeting i officers
n January
each year to serve a term of one (1) year.
shall be eligible for re-election,
)code\chapter.3) 3 _
December 7, 1994
B. The Chairman shall preside at all meetings and hearings
of the CRB and appoint any committees that are deemed
necessary.
C. In the absence of the Chairman, the Vice Chairman shall
preside at all meetings and hearings of the CRB.
D. The members of the CRB may select an additional person
who shall preside over meetings in the absence of the
Chairman and Vice Chairman.
E. The Secretary, provided by the City, shall keep minutes
of the proceedings of the CRB.
304.04 Meetings, Hearings, and Procedures.
A. Regularly scheduled meetings of the CRB shall be held
during the months of January, March, May, July, September
and November.
B. Special meetings of the CRB may be called by the
Chairman, vice Chairman, Building Official or Fire
official if at least forty-eight (48) hours notice is
given to each member of the CRB. In case of extenuating
circumstances, the Chairman may call an emergency meeting
if at least twenty-four (24) hours notice is given to
each member.
C. The CRB may continue a regular meeting if all business
cannot be completed on that day. The date and time of
the meeting's resumption shall be stated by the presiding
officer at the time of continuance.
D. In the event that less than a quorum is present at any
proceeding of the CRB, the proceeding shall be
rescheduled within a reasonable period of time. The
Secretary shall notify all parties and such other
interested persons as may be designated of the time,
place and date of the rescheduled proceeding.
304.05 Quorum and Necessary Vote.
A. No business shall be transacted by the CRB without a
quorum. A quorum shall consist of four (4) members.
B. The affirmative vote of four (4) members is required for
any formal action of the CRB relating to appeals and
disciplinary action. All other recommendations and
actions of the CRB shall require the affirmative vote of
a majority of the members present.
(code\chapter.3)
December 7, 1994 3 — 8
304.06 Offices of the City Attorney and Director of Community
Development. The City Attorney and Director of Community
Development shall provide the necessary professional
support to the CRB.
Section 305. Technical Review Committee
305.01 Duties and Responsibilities. The Technical Review
Committee (hereafter TRC) shall exercise the following
duties under this Code:
A. Review and recommend for approval or denial to the LORA
site plans submitted in connection with applications for
conditional uses pursuant to Section 611.02.C. of this
Code.
B. Review and recommend for approval or denial to the LORA
site plans or preliminary record plats and construction
plans submitted in connection with applications for
conditional uses pursuant to Section 621.02.C. of this
Code.
C. Review and approve site plans pursuant to Section 402 of
this Code.
D. Review and approve preliminary record plats and
construction plans pursuant to Section 502 of this Code.
305.02 Membership. The TRC shall include the Director of
Community Development, the City Engineer, the Director of
Utilities, the Director of Public Works, the Fire Chief,
and other such offices and agencies as deemed necessary
by the Director of Community Development.
305.03 Meetings and Procedures.
A. The TRC may adopt rules of procedure not inconsistent
with this Code.
B. The TRC shall meet at sufficient intervals to ensure that
the performance time frames provided for in this Code are
met.
(Sections 306 through 309 Reserved)
ARTICLE 2
APPLICATION AND NEARING PROCEDURES
Section 310. Withdrawal of Applications
(code\chapter.3) 3 _ 9
December 7, 1994
An application for any type of development review may be
withdrawn at any time as long as no notice has been given that
the application will be considered at a public hearing. After
notice has been given that an application will be considered
at a public hearing, an application for any type of
development review may be withdrawn with the consent of the
body responsible for considering the application.
Section 311. Notice
Notice of all public hearings which are required by this Code
shall be given as follows, unless expressly stated otherwise:
311.01 Content of Notice. Every required notice shall include
at a minimum: the date, time, and place of the hearing;
a description of the subject matter that will be
discussed at the hearing; a description of the property
directly affected; the name of the body conducting the
hearing and a statement that interested parties may
appear at the hearing and be heard with respect to the
subject matter. In addition, the notice shall state that
if any person decides to appeal any decision made with
respect to any matter considered at such hearings, a
record of the proceedings may be needed, and in that
event, such person may need to ensure that a verbatim
record of the proceedings is made, which record includes
the testimony and evidence upon which the appeal is
based.
311.02 Publication.
A. Generally. Except as provided in Paragraphs B, C, D and
E below, legal notice shall be published in a newspaper
of general circulation in Volusia County not more than
thirty (30) days nor less than ten (10) days before the
date of all public hearings regarding: applications for
an amendment to the text of this Code or the
Comprehensive Plan; applications for an amendment to the
Official Zoning Map or Future Land Use Map; applications
for conditional use permits; applications for a major
adjustment to a conditional use; revocation of a
conditional use permit; applications for variances;
appeals from a decision, order, requirement, or
determination of an administrative officer of the City;
applications for right-of-way abandonment or plat
vacation; applications for annexation; applications for
mining permits; disciplinary actions of the Construction
Regulation Board; appeals from a decision of the Land
Development and Regulatory Agency regarding conditional
uses or variances; and appeals from a decision of the
Construction Regulation Board regarding contractor
(code \chapter.3)
December 7, 1994 3 - 10
B.
C.
discipline or a decision of the Building Official or Fire
Chief.
Area in the City. Pursuant to section
Florida Statutes, two advertised public hearings shall be
held by the City Council. Both hearings shall be held
after 5 p.m. on a weekday. Publication of the notice for
the first public hearing shall occur approximately seven
(7) days before the day that the first public hearing is
held. The second hearing shall be held approximately
two (2) weeks after the first hearing and the notice
shall be published approximately five (5) days prior to
the date of the public hearing. The day, time, and place
at which the second public hearing will be held shall be
announced at the first public hearing. The required
advertisements shall be no less than one -quarter page in
a standard size or a tabloid size newspaper of general
circulation in Volusia County and the headline in the
advertisement shall be in a type no smaller than eighteen
(18) point. The advertisement shall not be placed in
that portion of the newspaper where legal notices and
classified advertisements appear. The advertisement
shall contain a geographic location map which clearly
indicates the area covered by the proposed action. The
map shall include major street names as a means of
identification.
hold at least one (1) public hearing regarding a
proposed amendment to the Comprehensive Plan which shall
be advertised pursuant to Sections 311.01 and 312.02 of
this Code. The City Council shall hold at least two (2)
public hearings on a proposed amendment to the
Comprehensive Plan. The City Council's first public
hearing shall be at the transmittal stage pursuant to
Section 163.3184(3), Florida Statutes. The hearing shall
be held on a weekday approximately seven (7) days after
the day that the first advertisement is published. The
intention to hold and advertise a second public hearing
shall be announced at the first public hearing. The
second public hearing shall be held at the adoption stage
pursuant to Section 163.3184(7), Florida Statutes. The
hearing shall be held on a weekday approximately five (5)
days after the day the second advertisement is published.
The advertisement shall state the date, time, place of
meeting, the subject of the meeting, and the place or
places within the corporate boundaries of the City where
(code\chapter.3) 3 - 11
December 7, 1994
D.
the proposed plan amendment may be inspected by the
public. The advertisement shall also advise that
interested parties may appear at the meeting and be heard
regarding the transmittal or adoption of the plan
amendment. In addition, if the proposed plan amendment
changes the permitted uses of land or changes land use
categories the required advertisements shall be no less
than one -quarter page in a standard size or a tabloid
size newspaper of general circulation in Volusia County
and the headline in the advertisement shall be in a type
no smaller than eighteen (18) point. The advertisement
shall not be placed in that portion of the newspaper
where legal notices and classified advertisements appear.
The advertisement shall contain a geographic location map
which clearly indicates the area covered by the proposed
action. The map shall include major street names as a
means of identification.
Development Activities. Pursuant to Section
163.3187(1)(c), Florida Statutes, this paragraph shall
apply where the proposed amendment is a residential land
use of ten (10) acres or less and a density of ten (10)
units per acre or less or involves other land use
categories, singularly or in combination with residential
use, of ten (10) acres or less and: the cumulative effect
of the amendments shall not exceed sixty (60) acres
annually; the proposed amendment does not invol•re the
same property more than once a year; and the proposed
amendment does not involve the same owner's property
within two hundred (200) feet of property granted a
change within the same twelve (12) months. The Local
Planning Agency shall hold at least one (1) public
hearing regarding a proposed amendment to the
Comprehensive Plan for small scale development
activities. For proposed amendments to the Comprehensive
Plan for small scale development activities, the City
Council is required to hold only one (1) public hearing
which shall be an adoption hearing described in Section
163.3184(7), Florida Statutes. These public hearings
shall be advertised pursuant to Sections 311.01 and
311.02 of this Code.
Development Agreements. Pursuant to Section 163.3225,
Florida Statutes, before entering into, amending or
revoking a development agreement, the City shall conduct
at least two (2) public hearings. At the option of the
City Council, one (1) of the public hearings may be held
by the Local Planning Agency. Legal notice of intent to
consider a development agreement shall be published
approximately seven (7) days before each public hearing
(code\chapter.3(
December 7, 1994 3 — 12
311.03
?A
in a newspaper of general circulation and readership in
volusia County. The date, time and place at which the
second public hearing will be held shall be announced at
the first public hearing. Notice of intent to consider
a development agreement shall also be mailed to all
affected property owners before the first public hearing.
The notice shall specify the location of the land subject
to the development agreement, the development uses
proposed on the property, the proposed population
densities, and the proposed building intensities and
height and shall. specify a place where a copy of the
proposed agreement can be obtained.
Mail. Mailing notice to specific real property owners
shall be as follows:
In addition to publication requirements set forth in
Sections 311.01 and 311.02 of this Code, in the case of
a public hearing regarding: applications for an amendment
to the Official Zoning Map; applications for amendments
to the Comprehensive Plan for small scale development
activities; applications for a conditional use permit;
applications for a major adjustment to a conditional use
permit; revocation of a conditional use permit;
applications for a development agreement; applications
for sight -of -way abandonment or plat vacation;
applications for mining permits and applications for
variances, notice by mail shall also be provided to all
property owners who own real property directly affected
by the proposed action and whose address is known by
reference to the latest approved ad valorem tax roll, and
to all property owners who own real property within five
hundred (500) feet of the property directly affected by
the proposed action whose address is known by reference
to the latest ad valorem tax rolls. Notification shall
be mailed not more than thirty (30) days nor less than
fifteen (15) days before the date of the hearing.
In case of amendments to the text df this code or to the
Official Zoning Map which have been initiated by the City
Council or its designee and affect less than five (5)
percent of the total land area in the City, notice shall
also be provided by mail to each real property owner
whose land is the subject of the proposed amendment and
whose address is known by reference to the latest
approved ad valorem tax roll. Such notice shall be
mailed at least thirty (30) days before the date of the
hearing.
311.05 Posting of Notice.
(code\chapter.3) 3 - 13
December 7, 1994
After an application requiring a public hearing has been
filed, the applicant shall post a sign supplied by the
Department of Community Development on the property
concerned. The sign shall be located where, in the
judgment of the Director, it would be most conspicuous to
the passing public. Each sign shall contain at least the
following information:
The date, time and place of the hearing.
2. A description of the subject matter that will be
discussed.
3. The name of the body conducting the hearing.
The sign or signs shall be posted not less than fifteen
(15) days prior to the public hearing.
The applicant shall provide to the Director a signed
affidavit stating that the notice was posted at the
initiation of the advertising period. Failure to
maintain a conspicuous notice on the property shall not
affect any application.
Section 312. Hearing Procedures
312.01 Setting the Hearing. When the Director determines that
an application for an amendment to the text of this Code
or the Comprehensive Plan; an application for an
amendment to the Official Zoning Map or Future Land Use
Map; an application for a conditional use permit; an
application for a major adjustment to a conditional use;
an application for right-of-way abandonment or plat
vacation; an application for a development agreement; an
application for annexation; an application for a mining
permit; or an application for variance is complete, or
that a petition for an administrative appeal has been
filed and is complete, or that consideration of the
revocation of a conditional use permit is necessary, the
Director shall notify the appropriate decision making
body so a public hearing may be set and notice given in
accordance with the provisions of this Code.
312.02 Examination and Copying of Application and Other
Documents. Any time after the provision of notice, any
person may examine the application or petition in
question and the material submitted in support or
opposition to the application or petition through the
office of the City Clerk during regular business hours.
Any person shall be entitled to obtain copies of the
application or petition and other materials upon
(code\chapter.3) 3 - 14
December 7, 1994
reasonable request and payment of a fee to cover the
actual costs of providing such copies.
312.03 Conduct of the Nearing.
A. Righta of all Persons. Any person may appear at a public
hearing, or may be represented by counsel or agent, and
may submit documents, materials, and other written or
oral testimony either individually or as a representative
of an organization. Each person who appears at a public
hearing shall identify himself, his address, and state
the name and mailing address of any organization he
represents. The body conducting the public hearing may
place reasonable time restrictions on the presentation of
testimony and the submission of documents and other
materials.
B. Continuance of Hearing. The body conducting the hearing
may continue the hearing to a fixed date and time.
312.04 Record of the Nearing.
A. The transcript of testimony, when and if available, the
minutes of the Secretary, all applications, exhibits,
documents, materials, and papers submitted in any
proceeding before the decisionmaking body, the report of
the Director and the decision and report of the
decisionmaking body shall constitute the record.
B. The body conducting the hearing shall record the
proceedings. Through the office of the City Clerk, any
person shall be entitled to listen to the recording at
any reasonable time or upon payment of a fee to cover the
cost, request that a copy be made.
C. Through the office of the City Clerk, any person shall be
entitled to examine the record, at a reasonable time, or
upon payment of a fee to cover the cost, request that
copies be made.
312.05 Action by Decisionmaking Body. The decisionmaking body
shall render its decision within a reasonable time,
unless stated otherwise in this Code.
312.06 Notification. Notification of the final decision on an
application or petition shall be mailed to all parties.
A copy of the final decision shall be filed in the
Department of Community Development and with the City
Clerk.
312.07 Reconsideration of Action. A motion to reconsider may be
(code\chapter.3)
December 7, 1994 3 - 15
made at the same meeting or the first meeting of the body
held thereafter only by a member voting on the prevailing
side of the original vote. For purposes of this
paragraph, an absent member will be presumed to have
voted on the prevailing side. If the question resulted
in a tie vote, any member may move for reconsideration at
the same meeting, at the first meeting of the body held
thereafter or at the next meeting where the full body is
present. A matter may be brought up for reconsideration
at any time upon a finding by a majority of the body that
there is reason to believe that a previous decision of
the body was based upon material mistake of fact or
erroneous information. At any time upon a finding by a
majority of the body that a previous decision was based
upon material mistake of fact or erroneous information
caused or allowed by the person in whose favor the
previous decision was made, the decision may be rescinded
and all rights, duties, or liabilities thereunder
modified or rendered null and void ab initio. A motion
to reconsider may be seconded by any member and must be
approved by a majority of the quorum in attendance.
The notice provisions set forth in Section 308 must be
complied with prior to the reconsideration of any action.
312.08 Appeals from Final Decisions of the City Council. Any
person desiring to appeal a final decision of the City
Council under this Article must apply for judicial relief
to the Circuit Court of the Seventh Judicial Circuit in
and for Volusia County within thirty (30) days after
rendition of the decision. Review shall be governed by
the Florida Rules of Appellate Procedure.
(Sections 313 - 319 Reserved)
ARTICLE 3
ENFORCEMENT PROCEDURES
Section 320. Citizen Code Enforcement Board
320.01 Powers and Duties. The Citizen Code Enforcement Board
(hereafter Board) shall exercise the following powers and
duties under this Code:
To enforce this Code and the Code of Ordinances, City of
Edgewater, Florida, according to the procedures set forth
in this Article.
To adopt rules of procedure and for the conduct of its
hearings not inconsistent with the provisions of this
Code and approved as to legal form and correctness by the
(code\chapter.3)
December 7, 1994 3 — 16
City Attorney.
tnesses to its
C.
hearings. Theasubpoenas lleged lshall be served olators and lby the Edgewater
Police Department.
D. To take testimony under oath.
E. To issue orders having the force of law to command
whatever steps are necessary to bring a violation into
compliance.
320.02 Membership: Appointment, Removal, Terms, Vacancies, and
Qualifications
A. The Board shall be composed of seven (7) members
appointed by the City Council. Appointments shall be
made on the basis of experience or interest in code
enforcement. The membership of the Board shall whenever
possible include: an architect, a businessman, an
engineer, a general contractor, a subcontractor, and a
realtor.
B. All members of the Board shall be residents of the City
for at least one year prior to appointment.
C. A member or his spouse shall not be a member of any
advisory board or any other quasi-judicial board within
the City. No member or his spouse shall be an employee
of the City.
D. All members of the Board shall be appointed for a term of
three (3) years without compensation, but may receive
travel and other necessary expenses while on official
business of the Board. Due to the need to stagger terms
to guarantee continuity on the Board, the initial terms
of some members may have been less than three (3) years.
E. If any member fails to attend two (2) out of three (3)
successive meetings without cause and without prior
approval of the Chairman, the Board shall declare the
member's office vacant. The City Council shall fill the
office for the remainder of the unexpired term.
F. Any member of the Board may be removed for cause by the
City Council at any time, provided, however, that before
such removal the member shall be provided with written
charges and given an opportunity to appear in his defense
at a public meeting.
G. No member of the Board shall vote upon any matter which
(code\chapter.3) 3 - 17
December 7, 1994
would inure to his special private gain; which would
inure to the special private gain of any principal by
which he is retained or to the parent organization or
subsidiary of a corporate principal by which he is
retained; or which would inure to the special private
gain of a relative or business associate.
S. No member of the Board shall appear for or represent any
person other than himself before the Board.
I. No past member of.the Board shall appear before the Board
except when representing himself for a period of twelve
(12) calendar months after his service has ended.
320.03 Officers.
A. The Board shall elect a Chairman and Vice Chairman from
among its members at the first regular meeting in June
each year to serve a term of one (1) year. The officers
shall be eligible for re-election and shall be voting
members.
B. The Chairman shall preside at all meetings and hearings
of the Board and appoint any committees that are deemed
necessary.
C. In the absence of the Chairman, the Vice Chairman shall
preside at all meetings and hearings of the Board.
D. The members of the Board may select an additional person
who shall preside over meetings in the absence of the
Chairman and Vice Chairman.
E. The Secretary, provided by the City, shall keep minutes
of the proceedings of the Board.
320.04 Quorum, Meetings, and Hearings.
A. No business shall be transacted by the Board without a
quorum. A quorum shall consist of four (4) members.
B. The Board shall meet at regular monthly intervals and at
such other times as it may deem necessary.
C. The Board may continue a regular meeting if all business
cannot be completed on that day. The date and time of
the meeting's resumption shall be stated by the presiding
officer at the time of continuance.
D. In the event that less than a quorum is present at any
proceeding of the Board, the proceeding shall be
(code\chapter.3)
December 7, 1994 3 - 18
rescheduled within a reasonable period of time. The
Secretary shall notify all parties and such other
interested persons as may be designated of the time,
place and date of the rescheduled proceeding.
320.05 offices of the City Attorney and the Director of
Community Development.
A. The City Attorney shall be legal counsel to the Board and
therefore shall not present cases before the Board.
B. The Director of Community Development shall provide the
other necessary professional support to the Board.
320.06 Enforcement Procedures
A. It shall be the duty of the code inspector to initiate
enforcement proceedings of this Code and other codes as
specified in the Code of Ordinances, City of Edgewater,
Florida. No member of the Board shall have the power to
initiate such enforcement proceedings.
B. Except as provided in paragraphs C and D, if a violation
is found, the code inspector shall notify the violator
and give him a reasonable time to correct the violation.
Should the violation continue beyond the time specified
for corrections, the code inspector shall request a
hearing. A written notice of such hearing shall be hand
delivered or mailed as provided in paragraph N to said
violator. Notice may additionally be served by
publication as provided in paragraph 0. If the violation
is corrected and then recurs, or if the violation is not
corrected by the time specified for correction by the
code inspector, the case may be presented to the Board
even if the violation has been corrected prior to the
Board hearing, and the notice shall so state.
C. If the code inspector has reason to believe a violation
or the condition causing the violation presents a serious
threat to the public health, safety and welfare or if the
violation is irreparable or irreversible in nature, the
code inspector shall make a reasonable effort to notify
the violator and may immediately notify the Board and
request a hearing.
D. If a repeat violation is found, the code inspector shall
notify the violator but is not required to give the
violator a reasonable time to correct the violation. The
code inspector, upon notifying the violator of a repeat
violation shall request a hearing. Notice to the
violator shall be provided pursuant to paragraph N or 0.
(code\chapter.3) 3 - 19
December 7, 1994
The case may be presented to the Board even if the repeat
violation has been corrected prior to the Board hearing,
and the notice shall so state.
Upon the request of the code inspector, or at such other
times as may be necessary, the Chairman of the Board may
call hearings of the Board. Bearings may also be called
by written notice signed by at least three (3) members of
the Board. At any hearing the Board may set a future
hearing date. Minutes shall be kept of all hearings by
the Board, and all hearings and proceedings shall be open
to the public.
Each case before the Board shall be presented by the
Director or his designee. if the City prevails in
prosecuting a case before the Board, the City shall be
entitled to recover all costs incurred in prosecuting the
case before the Board.
The Board shall proceed to hear all cases on the agenda
for that day. All testimony shall be under oath and
shall be recorded. The Board shall take testimony from
the code inspector and alleged violator. Formal rules of
evidence shall not apply, but fundamental due process
shall be observed and shall govern the proceedings.
At the conclusion of the hearing, the Board shall issue
findings of fact, based on evidence of record and
conclusions of law, and shall issue an order affording
the proper relief consistent with the powers granted
herein. The findings shall be by motion approved by a
majority of those members present and voting, except that
at least four (4) members of the Board must vote for an
action to be official. The order may include a notice
that it must be complied with by a specific date, and
that a fine may be imposed, and if the violation is of
the type described in paragraph C, the cost of repairs
may be included along with the fine if the order is not
complied with by such date. A certified copy of such
order may be recorded in the public records and shall
constitute notice to any subsequent purchasers,
successors in interest, or assigns if the violation
concerns real property, and the findings therein, shall
be binding upon the violator and, if the violation
concerns real property, any subsequent purchasers,
successors in interest or assigns. If the order is
recorded in the public records pursuant to this paragraph
and the order is complied with by the date specified in
the order, the Board shall issue an order acknowledging
compliance, that shall be recorded in the public records.
A hearing is not required to issue such order or
(code\chapter.3)
December 7, 1994 3 - 20
acknowledge compliance.
The Board, upon notification by the code inspector that
a previous order of the Board has not been complied with
by the set time or upon finding that a repeat violation
has been committed, may order the violator to pay a fine
in an amount specified in paragraph J, for each day the
violation continues past the date set by the Board for
compliance or, in the case of repeat violation, for each
day the repeat violation continues, beginning with the
date the repeat violation is found to have occurred by
the code inspector. In addition, if the violation is of
the type described in paragraph C, the Board shall notify
the City Council which may make all reasonable repairs
which are required to bring the property into compliance
and charge the violator with the reasonable cost of the
repairs along with the fine imposed pursuant to paragraph
J. If a finding of a violation or a repeat violation has
been made as provided in this part, a hearing shall not
be necessary for the issuance of the order imposing the
fine.
A fine imposed pursuant to paragraph I shall not exceed
$250.00 per day for the first violation, and shall not
exceed $500.00 per day for a repeat violation, and in
addition, may include the costs of repairs pursuant to
paragraph I. In determining the amount of the fine, if
any, the Board shall consider the following factors: the
gravity of the violation; any actions taken by the
violator to correct the violation; and, any previous
violations committed by the violator.
A certified copy of an order imposing fine may be
recorded in the public records and shall thereafter
constitute a lien against the land on which the violation
exists and upon any real or personal property owned by
the violator. Upon petition to the Circuit Court, such
order may be enforced in the same manner as a court
judgment by the sheriffs of the state, including levy
against the personal property, but such order shall not
be deemed to be a court judgment except for enforcement
purposes. A fine imposed pursuant to this Section shall
continue to accrue until the violator comes into
compliance or until judgment is rendered in a suit to
foreclose on a lien filed pursuant to this subsection,
whichever occurs first. A lien arising from a fine
imposed pursuant to this paragraph runs in favor of the
City and the City Council may execute a satisfaction or
release of lien. After three (3) months from the filing
of any such lien which remains unpaid, the Board may
authorize the City Attorney to foreclose on the lien. No
(code\chapter.3) 3 - 21
December 7, 1994
lien created pursuant to the provisions of this section
may be foreclosed on real property which is a homestead
under Section 4, Article X of the State Constitution.
L. No lien provided by this article shall continue for a
period longer than twenty (20) years after the certified
copy of an order imposing a fine has been recorded,
unless within that time an action to foreclose on the
lien is commenced in a court of the competent
jurisdiction. In an action to foreclose on a lien, the
prevailing party is entitled to recover all costs,
including a reasonable attorney's fee, that it incurs in
the foreclosure. The City shall be entitled to collect
all costs incurred in recording and satisfying a valid
lien. The continuation of the lien effected by the
commencement of the action shall not be good against
creditors or subsequent purchasers for valuable
consideration without notice, unless a notice of lis
pendens is recorded.
M. An aggrieved party, including the City Council, may
appeal a final administrative order of the Board to the
Circuit Court. Such appeal shall not be a hearing de
novo, but shall be limited to appellate review of the
record created before the Board. An appeal shall be
filed within thirty (30) days of the execution of the
order to be appealed.
1. All notices required by this section shall be provided to
the alleged violator by certified mail, return receipt
requested; by hand delivery by the code inspector, a
member of the Edgewater Police Department, or other
person designated by the City Council; or by leaving the
notice at the violator's usual place of residence with
any person residing therein who is above eighteen (18)
years of age and informing such person of the contents of
the notice.
In addition to providing notices as set forth in
paragraph N, at the option of the Board, notice may also
be served by publication or posting as follows:
1. Such notice shall be published once during each
week for four (4) consecutive weeks, (four (4)
publications being sufficient) in a newspaper of
general circulation in the City. The newspaper
shall meet the requirements as prescribed under
Chapter 50, Florida Statutes, for legal
advertisements.
Proof of publication shall be made as provided in
(code%chapter.3)
December 7, 1994 3 - 22
Chapter 50.041 and 50.051, Florida Statutes.
3. In lieu of publication, as described in paragraph 1
above, such notice may be posted for at least ten
(10) days in at least two (2) locations, one of
which shall be the property upon which the
violation is alleged to exist and the other shall
be City Ball.
P. Notice by publication may run concurrently with, or may
follow, an attempt or attempts to provide notice by hand
delivery or by mail as required under subsection N.
Q. Evidence that an attempt has been made to hand deliver or
mail notice as provided in subsection N, together with
proof of publication as provided in paragraph O, shall be
sufficient to show that the notice requirements have been
met, without regard to whether or not the alleged
violator actually received such notice.
R. Nothing in this section shall prohibit the City Council
from enforcing its codes by any other means.
Section 321. Disciplinary Control Regulations of the
Construction Regulation Board
321.01 General Powers Exercising Disciplinary Control and
Oversight over Locally Licensed Contractors.
A. The Construction Regulation Board (CRB) shall have the
duty to hold a public hearing to determine if a
certificate of competency issued by the City shall be
suspended for any violation of this Section, to fix the
length of time of such suspension, or to revoke a
certificate of competency under the provisions of this
Section.
B. In order to undertake its duties properly in any hearing,
the CRB is empowered to summon and demand facts and
information from all parties concerned.
321.02 Revocation, Suspension or Probation of Certificate.
A. On its own motion, the action of the Building Official,
or the verified written complaint of any contractor,
subcontractor, or person the CRB may take appropriate
disciplinary action if a contractor, is found to have
committed any one or more of the following acts or
omissions:
1. Permitting his name to be used by any person or
(code\chapter.3)
Decenber 7, 1994 3 - 23
party, directly or indirectly, for the purpose of
obtaining a permit or doing any work requiring a
certificate of competency.
2. Contracting or doing any work outside the scope of
his certificate of competency.
3. Abandoning without just cause a construction
project for which he has been engaged as a
contractor.
4. Diverting funds or property received for a
specified construction project to any other use.
5. Departing from or disregarding in any material
respect the plans or specifications of a
construction project without the consent of the
owner or his duly authorized representative.
6. Disregarding or violating, in the performance of
his contracting business, any of the laws of the
State of Florida or ordinances of the City.
7. Misrepresenting any material fact in his
application to obtain a certificate of competency
or a permit to do work in his area of expertise.
8. Failing to pay all creditors for material
furnished, work or services performed in the
operation of his contracting business.
9. Doing any fraudulent act as a contractor which
causes another person to be substantially injured.
10. Negligence, incompetency or misconduct in the
conduct of his contracting business.
11. Contracting in a name other than that registered
with the Building Official.
12. Failing to correct improper or defective
installations promptly after notification by the
City.
13. Failing to include his certificate of competency
number in any advertising or telephone directory
display ad.
B. The CRB is authorized to take the following disciplinary
actions:
(code\chapter.3)
December 7, 1994 3 - 24
1. Suspend the certificate holder from all operations
as a contractor within the City limits of Edgewater
during a period fixed by the CRB. The CRB may
permit the certificate holder to complete any
contracts under construction.
2. Revoke a certificate of competency.
Place the certificate holder on probation for a
period fixed by the CRB-
C. After the suspension of a certificate of competency on
any grounds set forth in this Section, the CRB may
rescind the suspension upon proof of compliance with all
conditions prescribed by the CRB or in the sound
discretion of the Board.
D. After revocation of a certificate of competency, the
certificate of competency shall not be renewed or
reissued for at least one (1) year after revocation and
then only upon a showing of the rehabilitation of the
contractor.
E. The lapse or suspension of a certificate of competency by
operation of law or its voluntary surrender by the
certificate holder does not deprive the CRB of
jurisdiction to take disciplinary action against the
certificate holder.
321.03 Duties of Building Official in Regard to CRB Action. It
shall be the duty of the Building Official to investigate
any apparent violation of this Section and file a written
report with the CRB along with a recommendation for CRB
action. In the event that it shall come to the attention
of the CRB, that an apparent violation of this Section
has occurred, the CRB may direct the Building Official to
make such an investigation and report.
321.04 Action of the CRB. Upon notification of the
investigation and report by the Building Official
regarding an apparent violation of this Section, the CRB
shall place the matter on the agenda of the next
available regular meeting for a public hearing in
accordance with the requirements of Article 2 of Chapter
3 of this code. The alleged violator shall be notified
by the Building Official of the date, time and place of
the hearing by certified mail, return receipt requested.
321.05 Appeal of Decision of the CRB. Any person aggrieved by
any disciplinary action of the CRB may appeal such
decision to the City Council by filing a written request
(code\chapter.3) 3 - 25
December 7, 1994
with the City Manager within thirty (30) days after the
rendition of the decision by the CRB. Such request shall
be accompanied by a nonrefundable fee as established by
resolution of the City Council. The request shall be
placed on the agenda of the next available regular
meeting for a hearing in accordance with Article 2 of
Chapter 3 of this Code. Such appeal shall be a hearing
de nova.
Section 322. other Penalties and Remedies
If the Director of Community Development, in consultation with
the City Manager and City Attorney, determines that the
enforcement process delineated above would be an inadequate
response to a given violation, the following penalties and
remedies, as provided by law, may be pursued:
Civil Remedies
If any building or structure is erected, constructed,
reconstructed, altered, repaired, or maintained or any
building, structure, land, or water is used in violation
of this Code or any person violates any provisions of
this Code, upon the approval of the City Council, the
City Attorney, may institute any appropriate civil action
or proceedings in any court to prevent, correct, or abate
the violation.
Criminal Penalties
Any person who violates any provision of this Code shall
be deemed guilty of a misdemeanor and shall be subject to
fine and imprisonment as provided by law.
(Sections 323 - 329 Reserved)
ARTICLE 4
APPEALS OF ADMINISTRATIVE DECISIONS
Section 330. General Provisions
330.01 Persons Entitled to Initiate Appeal. An appeal may be
initiated by any person, officer or board of the City
aggrieved by any order, decision, determination or
interpretation of any administrative official of the City
with respect to the provisions of this Code.
330.02 Authority. Appeals of any order, determination,
decision, or interpretation by any administrative
(code\chapter.3)
December 7, 1994 3 — 26
official shall be heard and decided by the Land
Development and Regulatory Agency (LDRA) subject to the
standards and procedures set forth below except as to
questions regarding the interpretation and enforcement of
the technical codes adopted pursuant to Section 901 of
this Code. Those questions shall be addressed by the
Construction Regulation Board pursuant to the provisions
of Section 903 of this Code.
Section 331. Procedures
331.01 Notice of Appeal. A written notice of appeal must be
filed with the Director of Community Development
(Director) within thirty (30) days of the rendition of
such order, decision, determination, or interpretation
specifying the grounds for the appeal. The notice of
appeal shall be accompanied by a nonrefundable fee as
established by resolution of the City Council. Upon
receipt of the notice of appeal, the Director shall
prepare the record for appeal, notify the LDRA and
establish a time and place for the hearing.
331.02 Effect of Filing an Appeal. The filing of a notice of
appeal shall stay any proceedings in' furtherance of the
action appealed from unless the Director certifies to the
LDRA that by reason of the facts, a stay would pose an
imminent peril to life or property. In such case the
appeal will not stay further proceedings except upon the
issuance of a restraining order by a court of law.
331.03 Record. The record to be considered on appeal shall be
all written materials considered during the initial
decision, any additional written material submitted by
the appellant to the City, and any testimony considered
on the hearing of the appeal.
331.04 Hearing.
The appeal shall be placed on the agenda of the
next available regular meeting of the LDRA for a
hearing in accordance with Article 2 of Chapter 3
of this Code. The LDRA shall reverse the order,
decision, determination, or interpretation only if
there is competent substantial evidence in the
record that the decision being appealed fails to
comply with the requirements of this Code. Upon
reversing such decision, the LDRA shall be deemed
to have all the powers of the officer from whom the
appeal is taken, including the power to impose
reasonable conditions to be complied with by the
applicant.
(code\chapter.3(
December 7, 1994 3 - 27
Notification of the LDRA's decision shall be mailed
to all parties and the decision shall be filed in
the Department of Community Development and with
the City Clerk.
331.05 Appeal of Decision of the LDRA.
A. Any person aggrieved by a decision of the LDRA may
appeal such decision to the City Council by filing
a written request with the City Manager within
thirty (30) days after the rendition of the
decision by the LDRA. Such request shall be
accompanied by a nonrefundable fee as established
by resolution of the City Council.
B. The request shall be placed on the agenda of the
next available regular meeting for a hearing in
accordance with Article 2 of Chapter 3 of this
Code. Such appeal shall be a hearing de novo.
C. The City Council shall reverse the order, decision,
determination, or interpretation only if there is
competent substantial evidence in the record that
the decision being appealed fails to comply with
the requirements of this Code. Upon reversing such
decision, the City Council shall be deemed to have
all the p-ewers of the officer from whom the appeal
is taken, including the power to impose reasonable
conditions to be complied with by the applicant.
331.06 Appeal of Decision of the City Council. Any person
aggrieved by a decision of the City Council, may, within
thirty (30) days after rendition of such decision,
petition for certiorari review to the Circuit Court in
the Seventh Judicial Circuit in and for Volusia County.
(code\chapter.3)
December 7, 1994 3 - 28
CBAPTER 4
SITE PLANS
Section 401. General Provisions
401.01 Purpose. The purpose of this Chapter is provide a
procedure for the submittal and review of site plans.
401.02 Exceptions to Site Plan Procedures. The only exceptions
to the required submittal of site plans are:
A. Single-family residences.
B. Duplexes.
C. Alteration of an existing structure which initially
required site plan submittal where such alteration
involves no expansion of the building footprint, requires
no additional parking and does not increase traffic
generation.
Section 402. Review of Applications for Site Plan Approval
402.01 General Procedures.
A. An application for site plan approval shall be filed with
the Department of Community Development accompanied by a
nonrefundable fee as established by resolution of the
City Council. The application shall be in such form and
shall contain such information and documentation as shall
be prescribed by the Director.
B. Within five (5) working days of receipt of the site plan,
the Director shall:
1. Determine that the application is complete and
forward it to the Technical Review Committee
(hereafter TRC) for review; or
2. Determine that the application is incomplete and
return it to the applicant with a list of the
missing components.
An application shall be determined to be complete
only if the submittals required by Section 404 of
this Code are provided.
C. The TRC shall review the application for site plan
approval and advise the Director of its decision within
ten (10) working days. The review of the TRC shall be
limited to a determination as to whether the site plan
(code/chapter.4)
December 7, 1994 4-1
meets the minimum requirements of this Code. The TRC may
make nonbinding comments on site layout and design
features.
After the completion of the review by the TRC, the
Director shall inform the applicant in writing of the
deficiencies of the application. The applicant shall
have a maximum of one hundred and twenty (120) days to
respond to the cited deficiencies. If the applicant
fails to respond to the cited deficiencies within 120
days, the applicant must thereafter re -initiate the
review process.
The Director shall issue a development order within five
(5) working days following a determination of the TRC
that the site plan complies with the requirements of this
Code.
402.02 Projects Requiring Other Regulatory Approval. When a
project requires permits from any county, state or
federal regulatory authority, the project shall receive
conditional approval subject to issuance of the required
regulatory permit or notice of the intent to issue the
required regulatory permit.
402.03 Appeals. Any final action by the Director in accordance
with this Section may be appealed to the LDRA pursuant to
Section 330 of this Code.
402.04 Minor Modification to Site Plans. Minor modifications to
site plans may be approved by the Director when such
modifications are consistent with the requirements of
this Code and do not significantly alter the overall
impact of the proposed development. The following
modifications shall generally be considered minor:
Dimensional changes to improvements to accommodate field
conditions including connections to existing facilities
and the preservation of existing vegetation.
Changes in landscape or construction materials that are
deemed to be similar or equivalent to those approved.
Technical changes to construction details.
Any other modifications shall be considered major and the
applicant shall be required to re -initiate the review
process.
Section 403. Expiration of Final Site Plan Approval
(codelchapter.4)
December 7, 1994 4-2
403.01 Effective Approval Period for a Site Plan. Except as
provided in this Section, an approved site plan shall be
valid for purposes of securing a building permit for
twenty-four (24) months from the date of approval.
Unless a building permit is secured within twenty-four
(24) months, the site plan approval shall expire
automatically.
403.02 Site Plan Extensions. Notwithstanding the other
provisions of this Code, the expiration date of an
approved site plan may be extended by the Director for a
period of up to twelve (12) months upon a showing that
construction has commenced, the project is proceeding
toward completion and an active building permit has been
maintained. Unless the inactivity is attributable to the
deliberate and scheduled phasing of a multiphase project,
an extension shall not be granted if construction has
been abandoned or suspended as evidenced by the failure
to maintain an active building permit. Any request for
site plan extension shall be submitted in writing to the
Director at least two (2) weeks prior to the date of site
plan expiration accompanied by a complete explanation of
the reasons that the site plan extension is necessary.
The Director shall make a determination prior to the date
of expiration of the site plan.
Section 404. Submittals for Site Plans
404.01 Site Plan Requirements. Site plan submittals shall
include the following materials:
A. General Information
1. The name, address and telephone number of the
applicant, developer, planner, architect, engineer,
landscape architect, and other professionals
involved in the project.
2. The applicant's interest in the subject property.
3. The owner's name and address, if different from the
applicant, and the owner's signed consent to the
filing of the application.
4. The street address, legal description and copy of
the warranty deed for the property.
5. The zoning and future land use map designation and
existing uses of the subject property.
6. A development schedule indicating the approximate
(code/ehapter.4)
December 7, 1994 4-3
date construction of the development or stages of
the development can be expected to begin and be
completed.
7. A statement of the applicant's intentions with
regard to the future selling or leasing of all or
portions of the development, such as land areas,
dwelling units, and commercial facilities.
B. A statement explaining any known property boundary
conflicts or disputes.
B. Existing Conditions
1. Detailed location map indicating the relation of
the project site to major streets, existing
utilities, and major physical features of the
surrounding area.
2. Topographic information of the existing project
site, which shall include, at a minimum: the
project boundaries, existing aboveground
improvements, a north arrow, a scale indicator,
one -foot contour lines which extend at least fifty
(50) feet beyond the project in all directions,
bench mark information (NGVD) and
(a) Acreage certification of all land above the
elevation of Mean High Water (MHW).
(b) The Mean High Water line, if applicable.
(c) The locatioA of all submerged lands, if
applicable.
3. Current survey prepared, sealed and certified to
the City of Edgewater by a professional land
surveyor (PLS) licensed in the State of Florida
showing the following: property lines, rights -of -
way, easements, streets, railroads, utility lines,
stormwater improvements, ditches, culverts, water
bodies, bridges, buildings, bulkheads and bulkhead
lines, fuel storage tanks, and other similar
features on the site. The survey shall be
submitted on a sheet size twenty-four (24) by
thirty-six (36) inches embossed by the PLS and
shall identify any discrepancies between field
dimensions and platted dimensions.
4. Identification of legal positive outfall with the
name of the adjacent property owner receiving
(codelchap[er.4)
December 7, 1994 4-4
stormwater discharge, if applicable.
5. The boundaries of the one hundred (100) year
floodplain areas, wetlands, watercourses, ponds,
wooded areas and other similar conditions affecting
the site.
6. Drainage basin or watershed boundaries identifying
locations of the routes of off -site waters onto,
through, or around the project.
C. Proposed Development Activity and Design
Detail sheets shall be submitted on a sheet size twenty-
four (24) by thirty-six (36) inches and at a scale no
smaller than one (1) inch equals fifty (50) feet, all
dimensions in decimals. For large projects, a smaller
scale generalized plot plan may be submitted as a cover
sheet to the detail sheets. Detail sheets shall include
the following information:
1. The location of the property by lot number, block
number, and street address, if any.
2. The boundary lines and the dimensions of the
property, existing subdivision easements, roadways,
rail lines, and public rights -of -way.
3. The location, dimensions, height and uses of all
buildings and structures; the exact number and type
of any dwelling units; and the architectural
elevations of all buildings and structures.
4. The identification of the maximum buildable area of
each lot or parcel within the proposed development.
5. The location and dimension of parking and loading
areas.
6. The location and size of existing and proposed
potable water lines, wastewater lines, reclaimed
water lines, lift stations, meters and fire
hydrants.
7. The locations of existing and proposed easements
for utility systems, including sewage facilities
and water supply facilities, electric, gas, cable
T.V. and telephone lines.
S. The location of all stormwater management areas and
drainage improvements.
(codelchepter.4)
December 7, 1994 4-5
9. The existing and proposed traffic circulation
system and any other transportation improvements.
10. The location and size of all areas to be conveyed,
dedicated or reserved as common open space, parks,
recreational areas, rights -of -way and other public
uses.
11. The pedestrian circulation system, including its
interrelationship with the vehicular circulation
system.
12. Proposed irrigation system and landscaping,
including the types, location, and quantity of all
trees, plants or materials, and the location of
fences or screen plantings.
13. The location, size, and arrangement of all existing
or proposed signs or lighting.
14. Boundaries depicting construction phases, if
applicable.
15. The approximate location and dimension of all
proposed lots and all yard requirements, if
applicable.
16, A transportation impact study and environmental
impact report, if applicable.
17. The location of all driveways, public streets and
private drives within 500 feet of the development,
along any private or public street that will serve
the project.
18. The location of solid waste collection areas,
dumpster pads and enclosures.
19. Any other information deemed necessary by the TRC
for the reasonable review of the project.
D. Transportation Impact Study
1. Applicability
(a) Whenever submission of a site plan is
required, a transportation impact study shall
be provided for any proposed development which
will generate or receive five hundred (500) or
more average vehicle trips per day.
(code/chap[er.4)
December 7, 1994 4-6
(b) The TRC may authorize total or partial relief
from the requirement of a transportation
impact study if it finds, based on conditions
peculiar to the proposed development, that the
study is not needed to determine the roadway,
traffic control, and access improvements that
should be undertaken to accommodate the
additional traffic generated by the proposed
development.
Study Area
The base transportation impact study area shall
include all site access points, adjacent roadways
and major intersections within one half (1/2) mile
of the site. The study area must also include the
first signalized intersection in each direction up
to a distance of one (1) mile from the site. The
TRC may require extension of the study area to
incorporate collector and arterial roadways and
intersections outside the base area if traffic
generated by the proposed development potentially
would affect the levels of service of roadways and
intersections located beyond the base study area.
The study area shall be verified with the TRC
before the preparation of the transportation study.
Contents
The transportation impact study shall contain the
following for the specified impact study area:
(a) A detailed description of the road network,
including existing and programmed improvements
within the study area.
(b) Design capacity of the accessed roads,
affected intersections, and major roadways
within the study area.
(c) A detailed description of the existing traffic
conditions, including average daily traffic
counts and the average peak hour volume for
all collector and arterial roads within the
study area. All data will be adjusted to the
peak season. The methodology and assumptions
for the seasonal adjustment shall be clearly
stated.
(d) A detailed analysis of traffic impact of the
proposed development, including the following
(code/chapter.4)
December 7. 1994 4-7
components:
(1) Trip Generation - indicate daily and peak
hour trip generation data. Peak hour
trip generation data should reflect the
impact anticipated during the existing
street peak hour. The analysis will show
in tabular form the land use components,
the trip generation rates, and the total
trips generated by land use type.
(2) Indicate the internal/external split for
daily and peak hour travel. The analysis
should indicate the basis for capturing
internal travel within the proposed
development.
(3) Trip distribution - indicate the basis
for determining trip distribution for the
proposed development and the resultant
trip distribution by cardinal direction
(north, south, east, and west).
(4) Identify the trip assignment (daily and
peak hour) within the study area. Daily
volumes should be noted along roadway
links. Peak hour volumes should be
reflected in turning movements at
development entrances and major roadway
intersections.
Daily and peak hour trip generation, as
well as inbound/outbound direction split
shall be based on the report entitled
"Trip Generation (5th edition)" by the
Institute of Transportation Engineers
published in 1991, or its successors,
except when special trip generation
research conducted by a registered
engineer practicing in the area of
transportation engineering demonstrates
alternative data to be more appropriate.
Trip generation assumptions will be
approved by the TRC prior to conducting
the traffic impact analysis.
(e) A detailed cumulative transportation impact
analysis. This analysis will include existing
traffic, traffic growth due to other approved
development, and the impact of the proposed
development. This analysis must identify
(codelchap[er.4)
December 7, 1994 4-8
projected average peak season daily traffic
and peak hour volumes for all collector and
arterial roadways and must identify the
development impact separately from the
cumulative traffic volume. For the purposes
of these analyses, background traffic will be
identified as existing plus other approved
development traffic. Other development
traffic will be identified by using actual
traffic analyses for approved projects and
historical growth trends on the subject
roadways as appropriate. The methodology to
be employed in assessing background traffic
will be approved by the TRC prior to
conducting the traffic analysis.
(f) Recommended improvements necessary to minimize
the proposed development's impact on the study
area. Turning - movement conflicts or other
negative impacts not necessarily related to
traffic volumes shall be identified.
Any traffic improvements identified in the study
which the TRC deems necessary may be made a
condition of approval of the site plan.
Traffic Study and Traffic Data Inventory and File
The Director shall keep a file of all traffic
studies, including the capacity allocated for each
approved project. In determining the projected
demand, the impact analysis shall include trips
already allocated in previous development
approvals. The Director shall provide information
when appropriate data already exists and is
available in order to prevent duplication.
Environmental Impact Report
Applicability
(a) Whenever a submission of a site plan is
required, an environmental impact report shall
be provided if the proposed development meets
any of the following:
(1) The property is twenty (20) acres or
over.
(2) The property, regardless of size,
contains any wetlands.
(code/chapter.4)
December 7, 1994 4-9
(3) The proposed development is located in
whole or part within the One Hundred
(100) Year Flood Plain.
(4) The property, regardless of size,
contains any threatened or protected
species.
(b) The TRC may authorize total or partial relief
from the requirement of an environmental
impact -report if it finds, based on conditions
peculiar to the proposed development, that a
report is not needed to determine the
environmental impact of the proposed
development.
(c) An environmental impact report produced for
state or federal permitting purposes may be
deemed acceptable by the TRC for fulfilling
the requirements of this section if the
information set forth below is included.
2. Contents
The environmental impact report shall contain the
following information:
(a) A vegetation and substrate survey including:
(1) Extent and acreage of all upland hammock
forests.
(2) Extent and acreage of wetlands.
(b) The required first floor elevation, and
whether all floor elevations will be above
this level.
(c) The identification of any area subject to
damage during storm conditions.
(d) An assessment of the impacts upon onsite
vegetation and wildlife, and onsite and off -
site natural resources; a description of the
planned approach that will be used to minimize
these impacts; a description of the proposed
alterations or disturbances to any of the
areas identified and the mitigation that will
be provided.
(e) In addition to the requirements above, the
(code/chap[er.9)
December 7, 1994 4-10
following information shall be required:
(1) A vegetation and landscape plan and
written assessment which demonstrates
consistency with the appropriate policies
set out in this Code for all areas of the
subject parcel of land, including a
description of the techniques that should
be used to protect the existing onsite
native vegetation.
(2) A soil and water conservation plan and
written assessment which outlines a
system of best management practices to
control soil erosion, reduce sediment
loss, and protect the water quality on
the subject parcel of land during all
phases of development. These best
management practices shall consider the
impacts of onsite development activity on
adjacent parcels of land, so as to avoid
soil erosion, sediment loss, and degraded
water quality on the adjacent parcels of
land.
(3) A plant and animal survey for onsite
federal and state threatened or protected
species. A compiled list of these plants
and animals shall be maintained by the
Director of Community Development.
Locations of all identified species shall
be depicted on a map.
(4) A surface water management plan and
written assessment which demonstrates
consistency with the appropriate policies
set out in this Code, including a
description of the techniques to be used
to prevent both the potential degradation
of surface water resources and an
increase in flood hazard damage.
Any mitigation protection techniques, or best
management practices identified in the report which
the TRC deems necessary may be made a condition of
the approval of the site plan.
(code/chapter.9) 4-11
December J, 1994
CHAPTER 5
SUBDIVISION AND PLATTING PROCEDURES
Section 501. Subdivision and Platting Requirements
501.01 General Procedures. The subdivision and platting
requirements of this Chapter establish procedures for the
preparation, review and approval of a preliminary record
plat, construction plans and a final record plat. This
Chapter also establishes a simplified process for the
review and approval of minor replats and lot splits.
501.02 Exceptions to Platting Requirements. The only exceptions
to this platting requirement are:
A. Division of land into parcels of not less than 10 acres
each where no new streets or easements of access are
planned to be dedicated and accepted by the public.
Deeds and other conveyances shall include in red, ten
point type, the following statement: "NO GOVERNMENTAL
AGENCY, INCLUDING THE CITY OF EDGEWATER IS RESPONSIBLE
FOR THE MAINTENANCE, UPKEEP OR IMPROVEMENT OF ANY PRIVATE
DRIVES, ROADS, STREETS, EASEMENTS, OR RIGHTS -OF -NAY
PROVIDING INGRESS AND EGRESS OR DRAINAGE SERVICE TO THE
PROPERTY HEREIN CONVEYED."
B. The conveyance of land to a federal, state, county, or
municipal governmental agency, entity, political
subdivision, or a public Utility-
C. Conveyance of land to another without division.
501.03 Model Home Construction. The Director may by agreement
allow a building permit(s) for a maximum of four (4)
residential units to be issued after approval of a
preliminary record plat and construction plans but before
approval of a final record plat, provided no certificate
of occupancy is issued prior to recordation of the final
plat.
Section 502. Review of Applications for Preliminary Record Plat
and Construction Plans
502.01 General Procedures.
A. An application for preliminary record plat and
construction plans approval shall be submitted to the
Department of Community Development in the form
established by the Director along with a nonrefundable
fee as established by resolution of the City Council.
(codelchapter.5)
December 7, 1994 5-1
B. Within five (5) working days of receipt of the
preliminary record plat and construction plans, the
Director shall:
1. Determine that the application is complete and
forward the application to the Technical Review
Committee (TRC) for further review, or
2. Determine that the application is incomplete and
inform the applicant in writing of the missing
components.
An application shall be determined to be complete
only if the submittals required by Section 504 of
this Code are provided.
C. The TRC shall review the application for preliminary
record plat and construction plans approval and advise
the Director of its decision within fifteen (15) working
days. The review of the TRC shall be limited to a
determination as to whether the preliminary record plat
and construction plans meet the minimum requirements of
this Code and the minimum construction and design
standards of the City. The TRC may make nonbinding
comments on site layout and design.
D. The Director shall coordinate the review of any
construction plans for utilities not provided by the City
with the service provider.
E. After the completion of the review by the TRC, the
Director shall inform the applicant in writing of the
deficiencies of the application. The applicant shall
have a maximum of one hundred twenty (120) days to
respond to the cited deficiencies. If the applicant
fails to respond to the cited deficiencies within one
hundred twenty (120) days, the applicant must thereafter
re -initiate the review process.
F. Approval Procedure for Preliminary Record Plat and
Construction Plans:
1. The Director shall, within five (5) working days
following determination of compliance, issue a
development order approving the preliminary record
plat and construction plans.
2. The Director shall notify the City Council of the
approval of the construction plans and the issuance
of construction authorizations.
(codelchapter.5)
December 7, 1994 5-2
502.02 Projects Requiring other Regulatory Approval. When a
project requires permits from any county, state or
federal regulatory authority, the project shall receive
conditional approval subject to issuance of the required
regulatory permit or notice of the intent to issue the
required regulatory permit.
502.03 Appeals. Any final action by the Director in accordance
with this section may be appealed to the LDRA pursuant to
Section 330 of this Code.
502.04 Minor Modifications to Construction Plans. Minor
modifications to construction plans may be approved by
the Director when such modifications are consistent with
the requirements of this Code and the minimum
construction and design standards of the City and do not
significantly alter the overall impact of the proposed
development. The following modifications shall generally
be considered minor:
A. Relocation of improvements to accommodate field
conditions including connections to existing facilities
and the preservation of existing vegetation.
B. Changes in construction materials that are deemed to be
similar or equivalent to those approved.
C. Technical changes to construction details.
Any other modifications shall be considered major and the
applicant shall be required to re -initiate the review
process.
Section 503. Expiration of Preliminary Record Plat and
Construction Plans
503.01 Effective Approval Period for Preliminary Record Plat and
Construction Plans. Approved preliminary record plat and
construction plans shall be valid for the purpose of
securing development permits for a period of twenty-four
(24) months from the date of approval. Unless
development permits are secured within twenty-four months
the approval of the preliminary record plat and
construction plans shall expire automatically.
503.02 Preliminary Record Plats and Construction Plan
Extensions. Notwithstanding the other provisions of this
Code, the expiration date of an approved preliminary
record plat and construction plans may be extended by the
Director for a period of up to twelve (12) months. Any
request for an extension shall be submitted in writing to
(codelchapter.5) 5-3
December 7, 1994
the Director at least two (2) weeks prior to the date of
expiration and accompanied by a complete explanation of
the reason the extension is necessary. The Director
shall make a determination prior to the date or
expiration. No preliminary record plat or construction
plans shall receive more than one extension without
undergoing a complete re -review in accordance with all
applicable codes in effect at that time.
Section 504. Submittals for Preliminary Record Plat and
Construction Plans
504.01 Preliminary Record Plat and Construction Plan
Requirements. Submittals for preliminary record plat and
construction plan shall include the following elements:
A. General Information
1. The name, address and telephone number of the
applicant, developer, engineer, surveyor and any
other professional involved in the project.
2. The applicant's interest in the subject property.
3. The owner's name and address, if different from the
applicant, and the owner's signed consent to the
filing of the application.
4. The street address and a legal description of the
property.
5. The zoning and future land use map designation and
existing uses of the subject property.
6. A development schedule indicating the approximate
date construction of the development or stages of
the development can be expected to begin and be
completed.
7. A statement of the applicant's intentions with
regard to the future selling or leasing of all or
portions of the development, such as land areas,
dwelling units, and commercial facilities.
8. All liens and assessments that encumber the
property to be subdivided must be identified.
B. Preliminary Record Plat
Plats shall be submitted on sheet sizes twenty-four
inches by thirty-six inches (24" x 36") and at a scale no
(codelchap[er.5)
December 7, 1994 5-4
smaller than one inch (1") equals fifty feet (50'), all
dimensions in decimals. Preliminary plats shall be
prepared in accordance with Chapter 177, Florida
Statutes, and shall be accompanied by a certification
from a registered land surveyor involved with the
preparation of the plat that the plat closure is
technically correct and meets the requirements of state
law. The plat shall include the following information:
1. Proposed subdivision name and previous or former
subdivision name, north arrow, scale, date,
section, township and range.
2. Name and address of the owner, where a corporation
or company is the owner of the subdivision, the
name and address of the president or chief
executive officer of the corporation or company
shall be shown.
3. Detailed location sketch indicating the relation of
the project site to major streets and major
physical features of the surrounding area.
4. Legal description, boundary survey, tract
dimensions, lot and block designations, location
and description of existing and proposed permanent
reference monuments.
5. Location of all natural resources on and impacting
the site.
6.
Existing and proposed major drainage patterns.
7.
The location, width, and street names of all
existing and proposed rights -of -way.
8.
The location and width of all existing
and proposed
drainage and utility easements.
9.
The location and dimensions of all
existing and
proposed lots.
10.
The location of all proposed land uses including
residences, businesses, open spaces
and common
areas.
11.
Tabulations showing the following
development
specifications:
(a) The gross area of all land to be
subdivided.
(code/chapter.5)
December 7, 1994 5-5
(b) Proposed number and total of lots by land use.
(c) Total area of land proposed for dedication to
the public.
(d) Total area of land to be reserved for open
space and common areas.
(f) Total area of land in jurisdictional wetlands
including any upland buffer.
12. Preliminary drafts of all legal documents necessary
to control the ownership and maintenance of open
spaces and common areas.
13. A statement of the applicant's intentions with
regard to the future selling or leasing of all or
portions of the proposed development.
14. A development schedule indicating the approximate
date construction of the development or stages of
the development can be expected to begin and will
be completed.
15. A statement explaining any known property boundary
conflicts or disputes.
C. Transportation Impact Study
1. Applicability
(a) Whenever submission of a preliminary plat is
required, a transportation impact study shall
be provided for any proposed development which
will generate or receive five hundred (500) or
more average vehicle trips per day.
(b) The TRC may authorize total or partial relief
from the requirement of a transportation
impact study if it finds, based on conditions
peculiar to the proposed development, that the
study is not needed to determine the roadway,
traffic control, and access improvements that
should be undertaken to accommodate the
additional traffic generated by the proposed
development.
2. Study Area
The base transportation impact study area shall
include all site access points, adjacent roadways
(code/chap[er.5)
December 7, 1994 5-6
and major intersections within a half (1/2) mile of
the site. The study area must also include the
first signalized intersection in each direction up
to a distance of one (1) mile from the site. The
TRC may require extension of the study area to
incorporate collector and arterial roadways and
intersections outside the base area if traffic
generated by the proposed development potentially
would affect the levels of service of roadways and
intersections located beyond the base study area.
The study area shall be verified with the TRC
before the preparation of the transportation study.
Contents
The transportation impact study shall contain the
following for the specified impact study area:
(a) A detailed description of the road network,
including existing and programmed improvements
within the study area.
(b) Design capacity of the accessed roads,
affected intersections, and major roadways
within the study area.
(c) A detailed description of the existing traffic
conditions, including average daily traffic
counts and the average peak hour volume for
all collector and arterial roads within the
study area. All data will be adjusted to the
peak season. The methodology and assumptions
for the seasonal adjustment shall be clearly
stated.
(d) A detailed analysis of traffic impact of the
proposed development, including the following
components:
(1) Trip Generation - indicate daily and peak
hour trip generation data. Peak hour
trip generation data should reflect the
impact anticipated during the existing
street peak hour. The analysis will show
in tabular form the land use components,
the trip generation rates, and the total
trips generated by land use type.
(2) Indicate the internal/external split for
daily and peak hour travel. The analysis
should indicate the basis for capturing
(code/chapter.5) 5-7
December 7, 1994
internal travel within the proposed
development.
(3) Trip distribution - indicate the basis
for determining trip distribution for the
proposed development and the resultant
trip distribution by cardinal direction
(north, south, east, and west).
(4) Identify the trip assignment (daily and
peak hour) within the study area. Daily
volumes should be noted along roadway
links. Peak hour volumes should be
reflected in turning movements at
development entrances and major roadway
intersections.
Daily and peak hour trip generation, as
well as inbound/outbound direction split
shall be based on the report entitled
"Trip Generation (5th edition)" by the
Institute of Transportation Engineers
published in 1991, or its successors,
except when special trip generation
research conducted by a registered
engineer practicing in the area of
transportation engineering demonstrates
alternative data to be more appropriate.
Trip generation assumptions will be
approved by the TRC prior to conducting
the traffic impact analysis.
(e) A detailed cumulative transportation impact
analysis. This analysis will include existing
traffic, traffic growth due to other approved
development, and the impact of the proposed
development. This analysis must identify
projected average peak season daily traffic
and peak hour volumes for all collector and
arterial roadways and must identify the
development impact separately from the
cumulative traffic volume. For the purposes
of these analyses, background traffic will be
identified as existing plus other approved
development traffic. Other development
traffic will be identified by using actual
traffic analyses for approved projects and
historical growth trends on the subject
roadways as appropriate. The methodology to
be employed in assessing background traffic
will be approved by the TRC prior to
(codelchapter.5)
December 7, 1994 5-8
conducting the traffic analysis-
(f) Recommended improvements necessary to minimize
the proposed development's impact on the study
area. Turning - movement conflicts or other
negative impacts not necessarily related to
traffic volumes shall be identified.
Any traffic improvements identified in the study
which the TRC deems necessary may be made a
condition of approval of the Preliminary Plats and
Construction Plans.
Traffic study and Traffic Data Inventory and File
The Director shall keep a file of all traffic
studies, including the capacity allocated for each
approved project. In determining the projected
demand, the impact analysis shall include trips
already allocated in previous development
approvals. The Director shall provide information
when appropriate data already exists and is
available in order to prevent duplication.
Environmental Impact Report
Applicability
(a) Whenever a submission of a preliminary plat is
required, an environmental impact report shall
be provided if the proposed development meets
any of the following criteria:
(1) The property is equal or greater than
twenty (20) acres in size.
(2) The property, regardless of size,
contains any wetlands.
(3) The proposed development is located in
whole or part within the One Hundred
(100) Year Flood Plain.
(4) The property, regardless of size,
contains any threatened/endangered or
protected species.
(b) The TRC may authorize total or partial relief
from the requirement of an environmental
impact report if it finds, based on conditions
peculiar to the proposed development, that a
(codelchapter.5) 5-9
December 7, 1994
report is not needed to determine the
environmental impact of the proposed
development.
(c) An environmental impact report produced for
state or federal permitting purposes may be
deemed acceptable by the TRC for fulfilling
the requirements of this section if the
information set forth below is included.
Contents
The environmental impact report shall contain the
following information:
(a) A vegetation and substrate survey including:
(1) Extent and acreage of all upland hammock
forests.
(2) Extent and acreage of wetlands.
(b) The required first floor elevations.
(c) The identification of any area subject to
damage during storm conditions.
(d) An assessment of the impacts upon onsite and
offsite vegetation and wildlife, and onsite
and offsite natural resources; a description
of the planned approach that will be used to
minimize these impacts; a description of the
proposed alterations or disturbances to any of
the areas identified and the mitigation that
will be provided.
(e) In addition to the requirements above, the
following information shall be required:
(1) A vegetation and landscape plan and
written assessment which demonstrates
consistency with the appropriate policies
set out in this Code for all areas of the
subject parcel of land, including a
description of the techniques that should
be used to protect the existing onsite
native vegetation.
(2) A soil and water conservation plan and
written assessment which outlines a
System of best management practices to
control soil erosion, reduce sediment
loss, and protect the water quality on
the subject parcel of land during all
phases of development. These best
management practices shall consider the
(code/chapter.5)
December 7, 1994 5-10
impacts of onsite development asactivity
on
adjacent parcels of land, so
id
soil erosion, sediment loss, and degraded
water quality on the adjacent parcels of
land.
(3) A plant and animal survey for onsite
federal and state threatened or protected
species. A compiled list of these plants
and animals shall be maintained by the
Director of Community Development.
Locations of all identified species shall
be depicted on a map.
(4) A surface water management plan and
written assessment which demonstrates
consistency with the appropriate policies
set out in this Code, including a
description of the techniques to be used
to prevent both the potential degradation
of surface water resources and an
increase in flood hazard damage.
3. Any mitigation protection techniques, or best
management practices identified in the report which
the TRC deems necessary may be made a condition of
the approval of the preliminary plat.
Construction Plans
Construction plans shall be submitted on sheet sizes
twenty-four inches by thirty-six inches (24 equals and
at a scale no smaller than one inch (1") q
feet (30'). Construction plans shall be prepared in
accordance with the standards set forth in this Code and
the minimum construction and design standards developed
by the City Engineer. The construction plans shall bear
the signature and seal of the registered engineer
licensed to practice in the State of Florida who is
responsible for the preparation of the construction
plans. The construction plans shall include the
following information:
1. Cover sheet with a location map and benchmark
information based on National Geodetic Vertical
Datum (NGVD).
2. Current survey prepared, sealed and certified to
the City of Edgewater by a professional land
surveyor (PLS), licensed in the State of Florida
showing the following: property lines, rights-of-
(codelchapter.5) 5-11
December 7, 1994
way, easements, streets, railroads, utility lines,
stormwater improvements, ditches, culverts, water
bodies, bridges, buildings, bulkheads and bulkhead
lines, fuel storage tanks above and below grade and
other similar features on the site. The survey
shall be embossed by the PLS and shall identify any
discrepancies between field dimensions and platted
dimensions.
Soils map and the location, depth, type and results
of subsurface borings which indicate the soils
present on the site, the horizontal and vertical
permeability rates of the soils and the seasonal
and high water table elevations.
Topographic information of the existing property
which shall include, at a minimum: the project
boundaries, existing above ground improvements, a
north arrow, scale indicator, one foot contour
lines which extend at least fifty feet (501) beyond
the project in all directions, bench mark
information (NGVD), and
(a) Acreage certification of all land above the
elevation of mean high water (MHW).
(b) The mean high water line, if applicable.
(c) The location of all submerged lands, if
applicable.
A stormwater master plan showing the complete
stormwater management system for the subdivision.
The stormwater master plan shall include the
calculations used in the design of the system and
the retention/detention ponds, ditches, culverts,
exfiltration pipes, channels, control structures
and the like necessary to manage stormwater on and
off the site. All easements and rights -of -way
necessary for the operation and maintenance of the
stormwater system shall be identified.
Design and construction details for the proposed
utility systems including potable water,
wastewater, reclaimed water, electric, gas, cable
television and telephone lines.
Paving, sidewalk and drainage design with profiles
showing existing and proposed elevations and grades
including cross -sections of typical and special
roadway and drainage improvements.
(codelchapter.5) 5-12
December 7, 1994
8. Grading plan showing existing and proposed
elevations and grades for all common and private
areas with cut and fill quantities.
9. Street lighting, landscaping within rights -of -way,
recreation areas, parking areas and traffic control
devices.
10. Written specifications meeting or exceeding, all
applicable design standards.
11. A construction improvement estimate by either the
design engineer preparing the construction plans or
bids by two licensed contractors for completion of
all required improvements both on and offsite.
Section 505. Review of Final Record Plat
505.01 General Procedures. Except as provided in subsection
505.02 below, no final record plat shall be permitted to
be recorded in the Public Records of Volusia County until
all construction has been complete, inspected and
approved in accordance with the provisions of this
Section and Chapter 8, Guarantees and Sureties, of this
Code.
505.02 Developers Option to Record a Final Record Plat Prior to
the Completion of Construction. The developer may elect
to have the final record plat recorded prior to the
completion of construction, provided the following
criteria are met.
A. Construction authorizations have been obtained from the
Director in accordance with this Section.
B. The City Engineer has approved a certified construction
cost estimate, from the project engineer, for the value
of all approved/required improvements in the area for
which record plat approval is sought.
C. Sufficient security has been provided in accordance with
the provisions of Chapter 8 of this Code.
D. All applicable provisions of this Code have been met.
505.03 Procedure for Review of Record Construction Drawings.
A. Submission of Record Construction Drawings
Upon the completion of all approved/required improvements
(code/chapter.5)
December J, 1994 5-13
in conjunction with the construction plans and
preliminary record plat, the developer shall submit the
following information to the Director:
1. A signed and sealed professional engineer's
certification that the constructed improvements
were built in accordance with the approved
construction plans.
2. A maintenance agreement consistent with provisions
of Section 806 of this Code.
3. Three (3) sets of record construction drawings.
Two (2) sets must be signed and sealed by the
professional engineer of record and the surveyor of
record which encompass all improvements and
identify any deviations from the approved
construction plans. One (1) set of these required
drawings shall be mylar reproducible or in dxf
format on a 3.5" computer diskette. These drawings
shall include the finished grade, the stormwater
management system, all utilities and the road
network. The record construction drawings shall be
accompanied by any applicable agency release forms
and adequate test reports signed and sealed by a
professional engineer to assure that all
improvements are in accordance with the approved
construction plans for this project.
The Director shall, within five (5) working days of
receipt of the record construction drawings, forward the
drawings to the City Engineer. The City Engineer, shall
within fifteen (15) working days of receiving the record
construction drawings, determine whether the drawings are
consistent with the approved construction plans and
preliminary record plat. If the City Engineer determines
that the record drawings are not consistent with the
approved construction plans and preliminary record plat,
the City Engineer shall notify the Director of the areas
of deficiency and what corrective actions must be taken.
The Director shall notify the developer in writing of the
deficiencies found in the record construction drawings.
No final record plat approvals, shall be granted until
the cited deficiencies are corrected to the satisfaction
of the City Engineer, consistent with the approved
construction plans.
505.04 Procedure for Review or Final Record Plat.
I
A. After the completion of all required construction and
approval of the record construction drawings, the
(code/chapter.5)
December 7, 1994 5-14
developer shall submit to the Director a final record
plat that conforms to the construction statutes ans d the
and
requirements of Chapter 177, Florida
includes the certifications provided for in Section
505.05 and the appropriate covenants, restrictions and
reservations required by Section 505.06.
B. The Director shall, within fifteen (15) working days of
receiving the record plat, determine whether the record
plat complies with the approved construction plans and
the requirements -of Chapter 177, Florida Statutes. If
the Director determines that the final record plat so
complies, the final record plat shall be placed on the
next available agenda of the LDRA. Within a reasonable
time after its decision, the LDRA shall issue a written
recommendation of approval or denial of the final record
plat to the City Council. Review of the final record
plat by the LDRA shall be strictly limited to whether the
plat complies with the requirements of Chapter 177,
Florida Statutes, and this Code. If it does not comply,
the Director shall notify the developer in writing of the
deficiencies and inform him that a corrected record plat
must be resubmitted for approval.
Upon receipt of the recommendation of the LDRA, the City
Council shall place the final record plat on the agenda
of a regular meeting. Review of the final record plat by
the City Council shall be strictly limited to whether the
plat complies with the requirements of Chapter 177,
Florida Statutes, and this Code. A final record plat
that complies with the requirements of Chapter 177,
Florida Statutes, and this Code shall be approved and the
Director forthwith issue the development order allowing
development to proceed. The City Council shall return
record plats that do not comply with the requirements of
Chapter 177, Florida Statutes, and this Code to the
developer with an explanation of deficiencies and a
notice that a corrected plat may be resubmitted for
approval.
When the developer submits a final record plat to the
Director for approval, he shall furnish in addition to
the one (1) original, two (2) mylar reproducible copies,
along with a check payable to the Clerk of the Circuit
Court to cover the cost of recording said plat.
D. Upon approval of the final record plat, the Mayor or Vice
Mayor of the City Council shall sign the original and two
(2) mylar copies. The approved final record plat shall
be recorded in the Public Records of Volusia County.
When the final record plat has been recorded, the
(code/chapter.5) 5-15
December 7, 1994
original record plat shall be retained by the Clerk of
the Court, along with one (1) of the mylar copies. The
remaining mylar copy shall be retained on file in the
0£fice of the City Clerk.
505.05 Required Certifications on the Record Plat. The
following. certifications shall be required on the title
sheet of all final record plats. Appropriate
modifications may be made subject to the review and
approval of the City Attorney.
The Certificate of Dedication by individual owners shall
be in the following form:
STATE OF FLORIDA
COUNTY OF VOLUSIA
and
, his
wife, the owners of the above described land,
do hereby
dedicate and
set apart
all of the streets,
alleys,
thoroughfares,
parks and
utility and drainage
easements
shown on this
plat of
subdivision to the use of
the general public
forever.
WITNESS our
hands and
seals this
day of
19_
Witnesses:
(SEAL)
(SEAL)
STATE OF FLORIDA
COUNTY OF VOLUSIA
Before me, the undersigned authority, personally appeared
and , his wife, to
me known to be the individuals described in and who
executed the foregoing Certificate of Dedication, and
they each duly acknowledged before me that they executed
the same.
WITNESS my hand and official seal at the City of
Edgewater, Volusia County, Florida, this _ day of
, 19_
Notary Public
State of Florida at Large
Expiration Seal/Stamp:
(code/chap[er.S)
December 7, 1994 5-16
The Certificate of Dedication by corporate owner shall be
in the following form:
STATE OF FLORIDA
COUNTY OF VOLUSIA
a Florida Corporation, the
owner of the above described land, by its duly elected
President and Secretary, does hereby dedicate and set
apart all of the streets, alleys, thoroughfares, parks
and utility and drainage easements shown on this plat of
subdivision to the use of the
general public forever.
IN WITNESS WHEREOF, the undersigned Corporation has
caused this Certificate of Dedication to be executed in
its name, and its corporate seal to be hereunto affixed
by its President and Secretary this _ day of
, 19_
(Corporate Name)
(Corporate Seal) By: president
Attest:
Secretary
STATE OF FLORIDA
COUNTY OF VOLUSIA
Before me, the undersigned authority, personally appeared
, President and
Secretary of a Florida
Corporation, to me known to be the individuals described
in and who executed the foregoing Certificate of
Dedication, and they each duly acknowledged before me
that they executed same, as such officers for and in
behalf of said corporation.
WITNESS my hand and official seal at the City of
Edgewater, Volusia County, Florida, this day of
, 19_
Notary Public
State of Florida at Large
Expiration Seal/Stamp:
(code/chapter.5) 5-17
December 7, 1994
C. The certificate of dedication by individual mortgagees
shall be in the following form:
STATE OF FLORIDA
COUNTY OF VOLUSIA
and his
wife, the holders of a mortgage recorded in OR Book
at Page _ on the above described land, do hereby join
and consent to the dedication of all of the streets,
alleys, thoroughfares, parks and utility and drainage
easements shown on this plat of
subdivision to the use of the general public forever.
WITNESS our hands and seals this day of
, 19_
Witnesses:
(SEAL)
(SEAL)
STATE OF FLORIDA
COUNTY OF VOLUSIA
Before me, the undersigned authority, personally appeared
and his wife, tome
known to be the individuals described in and who executed
the foregoing Certificate of Dedication, and they each
duly acknowledged before me that they executed the same.
WITNESS my hand and official seal at the City of
Edgewater, Volusia County, Florida, this day of
, 19_
Notary Public
State of Florida at Large
Expiration Seal/Stamp:
D. The Certificate of Dedication by corporate mortgages
shall be in the following form:
STATE OF FLORIDA
COUNTY OF VOLUSIA
, a Florida Corporation, the
holder of a mortgage recorded in OR Book at Page
on the above described land, by its duly elected
(codelchapter.5)
December 7, 1994 5-18
President and Secretary, does hereby join and consent to
the dedication of all of the streets, alleys,
thoroughfares, parks and utility and drainage easements
shown on this plat of subdivision to the
use of the general public forever.
IN WITNESS WHEREOF, the undersigned corporation has
caused these presents to be executed in its name and its
corporate seal to be hereunto affixed by its President
and Secretary this day of
(Corporate Name)
(Corporate Seal) By: President
Attest:
Secretary
STATE OF FLORIDA
COUNTY OF VOLUSIA
Before me, the undersigned authority, personally appeared
, President and
Secretary of , a Florida
corporation, to me known to be the individuals described
in and who executed the foregoing Certificate of
Dedication, and they each duly acknowledged before me
that they executed same, as such officers for and in
behalf of said corporation.
WITNESS my hand and official seal at the City of
Edgewater, Volusia County, Florida, this _ day of
, 19_
Notary Public
State of Florida at Large
Expiration Seal/Stamp:
The Certificate of Surveyor shall be in the following
form:
STATE OF FLORIDA
COUNTY OF VOLUSIA
I HEREBY CERTIFY that this plat is complete and meets the
minimum technical standards set forth by the Florida
Board of Professional Land Surveyors and Chapter 21HH-6,
Florida Administrative Code.
(code/chapter-5) 5-19
December 7, 1994
DATED this day of 19
Registered Land Surveyor
Florida Certificate No.
F. The certificate of approval of the City Council shall be
in the following form:
STATE OF FLORIDA-
COUNTY OF VOLUSIA
It is hereby certified that this plat has been officially
approved for record by the City Council of Edgewater,
Florida, this day of , 19
Mayor
G. The certificate of approval of the Clerk of the Circuit
Court shall be in the following form:
STATE OF FLORIDA
COUNTY OF VOLUSIA
I, , Clerk of the Circuit Court of
Volusia County, Florida, do hereby certify that this plat
has been examined, and that it complies in form with all
the requirements of the laws of Florida pertaining to
Maps and Plats, and that this plat has been filed for
record in Plat Book _, Page , of the public
records of Volusia County, Floridan ththis _ day of
19
Clerk of the Circuit Court
volusia County, Florida
B. The certificate of approval of the Director of Community
Development shall be in the following form:
STATE OF FLORIDA
COUNTY OF VOLUSIA
It is hereby certified that this plat -meets the minimum
lot dimension requirements of the zoning
district, as set forth in Section , of the City
of Edgewater Zoning Ordinance.
Director of Community Development
City of Edgewater, Florida
(codelchapter.5)
December 7, 1994 5-20
I. The certificate of approval of the City Attorney shall be
in the following form:
STATE OF FLORIDA
COUNTY OF VOLUSIA
This plat is approved as to form.
City Attorney
City of Edgewater, Florida
The certificate of approval of the City Engineer shall be
in the following form:
STATE OF FLORIDA
COUNTY OF VOLUSIA
It is hereby certified that this Plat meets the minimum
subdivision platting requirements as set forth in Section
of the City of Edgewater land Development
Code.
City Engineer
City of Edgewater, Florida
505.06 Covenants, Restrictions, Reservations.
A. All covenants, restrictions or reservations placed by the
developer or required by this Code shall appear on the
final plat or be established by separate recorded
document, which documents shall be submitted to the
Director. The Director shall transmit these documents to
the City Attorney for review and approval with the final
plat. If done by separate document, the public record
location of such documents shall be indicated beneath the
subdivision name as follows: "Covenants, restrictions,
or reservations affecting the ownership or use of the
property shown in this plat are filed in Official Record
Book No. _, Page
B. When deemed necessary by the City's utilities director to
ensure the proper future expansion of utilities services,
a covenant document shall be filed with the plat that
includes the following statement: "In the future, when
a potable water distribution and/or a wastewater
collection system becomes available to service the
subdivision, service improvements and connections shall
be made by the homeowners' association, or by the
property owners, to all lots and shall be paid by the
(codelchapter.5) 5-21
December 7, 1994
homeowners' association or by the property owners". All
deeds conveying properties within the subdivision shall
reference the covenant document.
Section 506. Procedure for Minor Replete and Lot Splits
506.01 General Procedures. The TRC may approve a minor replat
or lot split, where a parcel of land no more than five
(5) acres in size is being divided into no more than five
(5) separate lots or parcels that conform to the
requirements of this Section. It is not the intent of
this section to permit the cumulative use of minor
replats or lot splits by developers to avoid compliance
with subdivision requirements or procedures contained in
this code.
506.02 Application Contents. An application for a minor replat
or lot split shall be filed with the Department of
Community Development accompanied by a nonrefundable, fee
as established by resolution of the City Council. 'The
application shall be in such form and shall contain such
information and documentation as shall be prescribed by
the Director, but shall contain at least the following:
A. Name, address, and telephone number of the applicant.
B. Land descriptions and acreage or square footage of the
original and proposed lots and a scaled drawing showing
the intended division. All such drawings and divisions
shall be prepared by a professional land surveyor
registered in the State of Florida. In the event a.lot
contains any principal or accessory structures, a survey
showing the structures on the lot shall accompany the
application.
C. An identification of any and all easements, rights -of -way
or similar instruments that may be found on or adjacent
to the property subject to the minor replat or lot split.
506.03 Standards for Review. All Minor Replete or Lot Splits
shall conform to the following standards:
A. Each proposed lot must conform to the requirements of
this Code.
B. Each lot shall abut an open and improved public or
private street meeting the standards established by this
Code.
C. No dedication of right-of-way, easements or other similar
instruments are necessary, proposed or required.
(codelchapter.5)
December 7, 1994 5-22
506.04 Issuance of the Development Order. After the TRC has
determined that the proposed minor replat or lot split
meets the conditions of this Section and otherwise
complies with all applicable laws and ordinances, the
Director shall issue a development order.
506.05 Recordation. Upon approval of the minor replat or lot
split, the Director shall record the replat on the
appropriate maps and documents, and shall, at the
developer's expense, record the replat in the public
records of the County.
506.06 Restriction. No further division of an approved minor
replat or lot split is permitted unless a final record
plat is prepared and submitted in accordance with
Sections 501 through 505 of this Code.
(codelchapter.5)
December 7, 1994 5-23
CHAPTER 6
APPLICATIONS
ARTICLE 1
AMENDMENTS TO THE COMPREHENSIVE PLAN, ZONING ORDINANCE,
LAND DEVELOPMENT CODE, OFFICIAL ZONING MAP
AND FUTURE LAND USE MAP
Section 601. General Provisions
601.01 Purpose. The purpose of this Article is to provide a
means for amending the text of the Comprehensive Plan,
the Zoning Ordinance or this Code and for amending the
Official Zoning Map or the Future Land Use Map.
601.02 Persons Entitled to Propose Amendments.
A. Amendments to the text of the Comprehensive Plan, the
Zoning Ordinance or this Code may be proposed by the City
Council, the LDRA/Local Planning Agency or any person.
B. Amendments to the Official Zoning Map or Future Land Use
Map may be proposed by the City Council, the LDRA/Local
Planning Agency or over fifty (50%) percent of the owners
of the real property to be directly affected by the
proposed amendment.
Section 602. Procedures
602.01 Proposal by the City Council or LDRA. Proposals for an
amendment to the text of the Comprehensive Plan, Zoning
Ordinance or this Code or an amendment to the Official
Zoning Map or Future Land Use Map by the City Council or
LDRA/Local Planning Agency shall be transmitted to the
Director for application. Any person may request that
the City Council or the LDRA/Local Planning Agency
initiate such an application.
602.02 Proposals by Others. An application for an amendment to
the text of the Comprehensive Plan, Zoning Ordinance or
this Code or an amendment to the Official Zoning Map or
Future Land Use Map shall be filed with the Department of
Community Development accompanied by a nonrefundable
application fee as established by resolution of the City
Council.
602.03 Application. The application shall be in such form and
shall contain such information and documentation as shall
from time to time be prescribed by the Director, but
shall contain at least the following information:
(code/chapter.6)
December 7, 1994 6-1
A. The applicant's name, address and phone number.
B. If the application requests an amendment to the text of
the Comprehensive Plan, Zoning Ordinance or this Code the
applicant shall provide the following:
1. The precise wording of the proposed amendment.
2. A statement describing why there is a need for the
proposed amendment.
3. A statement addressing the consistency of the
proposed amendment with the Comprehensive Plan.
C. If the application requests an amendment to the Official
Zoning Map or Future Land Use Map, the applicant shall
include:
1. A copy of the most recent deed recorded in the
Public Records of volusia County for the property
proposed to be reclassified.
2. The street address of the property to be
reclassified.
3. A survey certified within 90 days of the filing of
the application as reflecting all improvements and
conditions on the property.
4. The applicant's interest in the subject property.
5. The owner's name and address, if different than the
applicant, and the signature of over fifty (50)
percent of the owners of the real property whose
property would be reclassified by the proposed
amendment, giving their consent to the filing of
application, if applicable.
6. The area of the property proposed to be
reclassified, stated in square feet or acres, or a
major fraction thereof.
7. The requested amendment to the Official Zoning Map
or Future Land Use Map.
8. For a small scale amendment to the Official Zoning
Map, statements addressing each of the standards
for review.
(rodelchapter.6)
December 7, 1994 6-2
602.04 Action by the Director of Community Development.
A. Within five (5) working days after an application for an
amendment to the text of the Comprehensive Plan, Zoning
Ordinance or this Code or an application for an amendment
to the Official Zoning Map or Future Land Use Map is
submitted, the Director shall determine whether the
application is complete. If the Director determines the
application is not complete, he shall inform the
applicant in writing of the deficiencies of the
application. The Director shall take no further action
on the application unless the deficiencies are remedied.
B. Within thirty (30) working days after the Director
determines an application for an amendment to the text of
the Comprehensive Plan, Zoning Ordinance or this Code or
an application for an amendment to the Official Zoning
Map or Future Land Use Map is complete, the Director
shall review the application, make a recommendation and
submit it to the LDRA/Local Planning Agency.
Pursuant to Section 163.3187, Florida Statutes,
amendments to the text of the Comprehensive Plan and
amendments to the Future Land Use Map may not be made
more than two times during any calendar year except in
the case of: an emergency as defined therein; amendments
directly related to a proposed development of regional
impact; or amendments directly related to proposed small
scale development activities under the conditions set
forth therein. Accordingly, except in the case of
applications which fall within the exceptions set forth
above, applications for amendments to the text of the
Comprehensive Plan and amendments to the Future Land Use
Maps which are determined to be complete by the Director,
shall be retained by the Director and submitted to the
LDRA pursuant to the schedule established by the City
Council.
602.05 Action by Land Development and Regulatory Agency/Local
Planning Agency.
A. Upon notification of the completed application for an
amendment to the text of the Comprehensive Plan, Zoning
Ordinance or this Code or an application for amendment to
the Official Zoning Map or Future Land Use Map, the
LDRA/Local Planning Agency shall place it on the agenda
of the next available regular meeting for a public
hearing in accordance with the requirements of Article 2
of Chapter 3 of this Code. In determining whether to
recommend approval of an application for a small scale
amendment to the Official Zoning Map to the City Council,
(code/chapter-6)
December 7. 1994 6-3
the LORA shall consider the standards set forth in
Section 604 of this Code.
B. Within a reasonable time of the conclusion of the public
hearing, the LDRA/Local Planning Agency shall make a
recommendation to grant or deny the application for
amendment to the City Council.
602.06 Action by the City Council.
A. Upon receipt of the recommendation of the LDRA/Local
Planning Agency, the City Council shall place the
application on the agenda of the next available regular
meeting of the City Council for a public hearing in
accordance with the requirements of Article 2 of Chapter
3 of this Code. In determining whether to approve an
application for a small scale amendment to the Official
Zoning Map, the City Council shall consider the
recommendation of the LDRA and the standards set forth in
Section 604 of this Code.
B. Within a reasonable time of the conclusion of the public
hearing, the City Council shall either grant or deny the
application for a proposed amendment.
C. Notification of the City Council's decision shall be
mailed to all parties, and the decision shall be filed in
the Department of Community Development and with the City
Clerk.
Section 603. Time Limitation
A. After a decision or recommendation denying a proposed
amendment to the text of the Comprehensive Plan, Zoning
Ordinance or this Code or a proposed amendment to the
Official Zoning Map or Future Land Use Map, the City
Council and the LDRA/Local Planning Agency shall not
consider an application for the same amendment for a
period of one (1) year from the date of final action by
the City Council.
B. The time limitation of this subsection may be waived by
the affirmative vote of four (4) members of the City
Council when such action is deemed necessary to prevent
injustice or facilitate the proper development of the
City.
Section 604. Standards of Review for Small Scale Amendments to
the Official Zoning Map
A. For the purposes of this section, an application for an
(code/chapter.6)
December 7, 1994 6-4
amendment to the Official Zoning Map involving a parcel of ten
(10) acres or less shall constitute a small scale amendment to
the Official Zoning Map. In reviewing the application for a
proposed small scale amendment to the Official Zoning Map, the
City Council and the LDRA shall consider:
1. Whether the proposed amendment is consistent with
all elements of the Edgewater Comprehensive Plan.
2. Whether the proposed amendment is contrary to the
established land use pattern.
3. Whether the proposed amendment would adversely
impact public facilities.
4. Whether the existing district boundaries are drawn
logically in relation to the property proposed for
change.
5. Whether changed or changing conditions make the
proposed amendment necessary.
6. Whether the proposed amendment will have an adverse
effect on the natural environment.
7. Whether the proposed amendment will have a
significant negative effect on the character of the
surrounding area.
B. The LDRA and the Council must have competent substantial
evidence to support its findings and judgment.
(Sections 605 - 609 Reserved)
ARTICLE 2
CONDITIONAL USES
section 610. General Provisions
610.01 Purpose. The purpose of this section is to provide for
uses that are generally compatible with the use
characteristics of a zoning district, but which require
individual review of their location, design, intensity,
configuration, or public facility impact in order to
determine the appropriateness of the use on any
particular site in the district and their compatibility
with adjacent uses. Conditional uses may require the
imposition of additional conditions to make the uses
compatible in their specific contexts.
(codelchapter.6)
December 7, 1994 6-5
610.02 Authority. The LDRA may grant conditional uses, in
accordance with the procedures, standards, and
limitations of this Article for those uses enumerated as
special exceptions in each of the zoning districts of
Section 600, Appendix A, of the Code of Ordinances of
Edgewater, Florida.
610.03 Persons Entitled to Initiate Permit Applications. An
application for a conditional use permit may only be
submitted by the owner, the owner's designated agent or
any other person having a contractual interest in the
parcel of land proposed for conditional use.
Section 611. Procedures
611.01 Application. An application for a conditional use permit
shall be filed with the Department of Community
Development accompanied by a nonrefundable fee as
established from time to time by the City Council. The
application shall be in such form and shall contain such
information and documentation as shall be prescribed from
time to time by the Director, but shall contain at least
the following:
A. Applicant's name, address and telephone number.
B. A copy of the most recent deed recorded in the Public
Records of volusia County for the property under
consideration.
C. A survey certified within ninety (90) days of the filing
of the application as reflecting all improvements and
conditions on the property.
D. A description of the conditional use sought.
E. The purpose for the requested conditional use and a
statement of the intended development of property if the
conditional use is granted.
F. Statements addressing each of the standards for review
set forth in Section 612 of this Code.
G. If the conditional use applied for requires site plan
approval, the applicant shall submit a site plan meeting
the requirements of Section 404 of this Code.
611.02 Action by the Director of Community Development.
A. Within five (5) working days after an application for a
conditional use permit is submitted, the Director shall
(codelchapter.6)
December 7, 1994 6-6
determine whether the application is complete. If the
Director determines that the application is not complete,
he shall inform the applicant in writing of the
application's deficiencies. The Director shall take no
further action on the application unless the deficiencies
are remedied.
Within thirty (30) working days after the Director
determines that an application for conditional use permit
is complete, the Director shall review the application,
make a recommendation, and submit the application to the
LDRA for review.
If the conditional use applied for requires site plan
approval, the Director shall submit the site plan to the
TRC for review after determining that the application is
complete. The TRC shall review the site plan and advise
the Director of its recommendation within ten (10)
working days. The review of the TRC shall be limited to
a recommendation as to whether the site plan meets the
minimum requirements of this Code. The TRC may also make
recommendations on site layout and design features.
D. Within thirty (30) working days after the Director
receives the recommendation from the TRC regarding the
site plan, the Director shall review the application,
make a recommendation, and submit the application to the
LDRA for review.
611.03 Action by the LDRA.
A. Upon notification that the application for a conditional
use permit is ready for review, the LDRA shall place it
on the agenda of the next available regular meeting for
a public hearing in accordance with the provisions of
Article 2 of Chapter 3 of this Code.
B. In reviewing the conditional use application, the LDRA
shall consider the standards set forth below, the
statements of the applicant addressing the standards and
the recommendation of the Director. The LDRA shall not
grant a conditional use permit unless the applicant
demonstrates that all of the standards set forth in
Section 612 have been met.
Within a reasonable time after the public hearing, the
LDRA shall issue its written decision approving,
approving with conditions, or denying the application.
D. The decision of the LDRA shall be mailed to the applicant
and filed with the Department of Community Development
(codelchepter.6)
December 7, 1994 6-7
and the City Clerk.
611.04 Appeal of the LDRA Decision.
A. Any person aggrieved by a decision of the LDRA may appeal
such decision to the City Council by filing a written
request with the City Manager within thirty (30) days
after the rendition of the decision of the LDRA. Such
request shall be accompanied by a nonrefundable fee as
established by resolution of the City Council.
B. The request shall be placed on the agenda of the next
available regular meeting for a public hearing in
accordance with Article 2 of Chapter 3 of this Code.
Such appeal shall be a hearing de novo.
C. The City Council shall not grant a conditional use permit
unless the applicant demonstrates that all of the
standards set forth in Section 612 have been met. During
the hearing, the City Council shall consider the decision
of the LDRA, the statements of the applicant addressing
the standards and the recommendation of the Director.
D. Within a reasonable time after the hearing, the City
Council shall issue its written decision approving,
approving with conditions, or denying the conditional use
permit.
E. The decision of the City Council shall be mailed to the
applicant and filed in the Department of Community
Development and with the City Clerk.
Section 612. Standards for Review of Conditional Use Permits
A conditional use permit shall be granted only if the
applicant demonstrates the following:
A. Consistency With Local Code and Comprehensive Plan. The
proposed conditional use is in compliance with all
requirements, and is consistent with the general purpose,
goals, objectives, and standards of this Code, the
Comprehensive Plan, and the Code of Ordinances of the
City of Edgewater, and is in compliance with all
additional standards imposed on it by the particular
provisions of this Code authorizing such use.
B. Effect on Adiacent Properties.
1. The proposed conditional use will not have an undue
adverse effect upon nearby property.
(codelchapter.6)
December 7, 1994 6-8
The proposed conditional use is compatible with the
existing or planned character of the neighborhood
in which it would be located.
3. All reasonable steps have been taken to minimize
any adverse effect of the proposed conditional use
on the immediate vicinity through building design,
site design, landscaping, and screening.
4. The proposed conditional use will be constructed,
arranged, and operated so as not to interfere with
the development and use of neighboring property in
accordance with applicable district regulations.
Adeauacv of Public Facilities. The proposed conditional
use will be served by adequate public facilities and
services, including roads, police protection, fire
protection, solid waste disposal, water, sewer, drainage
structures, parks and mass transit.
Adeauacv of Fire Protection. The applicant for the
proposed conditional use has obtained from the Department
of Fire and Rescue Services written confirmation, or has
otherwise demonstrated by substantial credible evidence,
that water supply, evacuation facilities, and emergency
access are satisfactory to provide adequate fire
protection.
E. Environmental Impact. For developments required to
provide an environmental impact report pursuant to
Section 404 of this Code, the proposed conditional use
will not contravene any applicable provision of the
Comprehensive Plan.
section 613. Conditions on Conditional Use Permits
613.01 General. The LDRA or City Council may attach such
conditions, limitations, and requirements to a
conditional use permit as are necessary to carry out the
spirit and purpose of this Code and the Comprehensive
Plan and to prevent or minimize adverse effects upon
other property in the neighborhood, including but not
limited to limitations on size, intensity of use, bulk
and location, landscaping, lighting, the provision of
adequate ingress and egress, duration of the permit, and
hours of operation. Such conditions shall be set forth
expressly in the resolution granting the conditional use
permit.
613.02 Traffic Control Devices. Whenever, as the result of
traffic generated by a proposed conditional use, it is
(codelchapter.6)
December 7, 1994 6-9
determined, based on the Manual of Uniform Traffic
Control Devices, that there is a need to install traffic
control devices (including traffic signals, signing, and
pavement markings), the conditional use permit shall not
be granted except upon the condition that the applicant
be responsible for installing all said devices and signs,
or making an equitable contribution toward such
installation.
613.03 Access Improvements. A conditional use permit shall not
be granted except upon the condition that the applicant
provide the access (ingress and egress) improvements
determined to be necessary as a result of traffic
generated by the development.
613.04 Projects Requiring Other Regulatory Approval. When a
proposed conditional use requires permits from any state
or federal regulatory authority, the project shall
receive conditional approval subject to issuance of the
required regulatory permit or notice of intent to issue
the required regulatory permit.
613.05 Reduction in Maximum Residential Density. The LDRA shall
require a reduction from the maximum residential density
permitted in the zoning district in which a conditional
use is to be located when such allowable maximum
residential density:
A. Would impose an excessive burden, as determined by
recognized engineering or other professional standards,
on public facilities that would serve the proposed
conditional use; or
B. Would contravene any applicable provision of the
Comprehensive Plan.
Section 614. Development and Adjustment of an Approved or
Existing Conditional Use
614.01 Effect of Issuance of Conditional Use Permit. The
issuance of a conditional use permit shall only
constitute approval of the proposed use, and development
of the use shall not be carried out until the applicant
has secured all other required permits and approvals.
614.02 Adjustments to an Approved or Existing Conditional Use.
Adjustments to a conditional use may be permitted as
follows:
A. Minor Adjustments - The Director may authorize minor
adjustments to a conditional use. Such minor adjustments
(codelchapter.6)
December 7, 1994 6-10
shall be consistent with the intent and purpose of the
Comprehensive Plan, this Code, the conditional use as
approved or existing, and shall be the minimum necessary.
Such minor adjustments shall be limited to the following:
1. Altering the bulk of any one (1) structure by not
more than ten percent (10%).
2. Altering the location of any one (1) structure
group of structures by not more than ten feet
(10').
3. Altering the location of any circulation element by
not more than ten feet (10').
4. Altering the location of any open space by not more
than ten feet (10').
S. Reducing the total amount of open space by not more
than five percent (5%) or reducing the yard area or
open space associated with any single structure by
not more than five percent (5%).
6. Altering the location, type, or quality of
landscaping elements.
7. Change in project name or ownership of the
property.
B. Major Adjustments in Substantial Conformity
1. Any other adjustment to a conditional use shall be
a major adjustment and shall be granted only upon
application to and approval by the LDRA, which
shall grant approval for such other adjustment
after a public hearing upon finding that any
proposed change in the conditional use as approved
or existing will be in substantial conformity with
the original approval or the existing conditional
use. The LDRA shall place the application for
major adjustment on the agenda of the next
available regular meeting for a public hearing in
accordance with the requirements of Article 2 of
Chapter 3 of this Code.
2. If the LDRA determines that the major adjustment is
not in substantial conformity with the original
approval or the existing conditional use, then it
shall deny the application for adjustment. Such
denial shall not preclude development of an
approved conditional use. The decision of the LDRA
(code/chapter.6)
December 7, 1994 6-11
may be appealed to the City Council pursuant to
Section 611. The City Council shall not grant the
request unless it is determined to be in
substantial conformity with the original approval
or existing conditional use.
614.03 Inspections During Development of an Approved Conditional
Use.
A. The Director shall, at least annually until the
completion of development, review all permits issued and
construction undertaken and compare actual development
with the approved conditional use and with the approved
development schedule, if applicable.
B. If the Director finds that development is not proceeding
in accordance with the approved schedule, or that it
fails in any other respect to comply with the approved
conditional use, he shall notify the LDRA of such fact
and may, if he finds it necessary for the protection of
the public health, safety, or welfare, take such
necessary action to stop such noncompliance.
C. Within thirty (30) days following notification by the
Director, the LDRA shall determine whether development of
the conditional use is proceeding in accordance with the
approved conditional use. If the LDRA finds the
development is not proceeding in accordance with the
approved conditional use, it shall either revoke the
permit or take the action necessary to compel compliance
with the approved conditional use.
614.04 Inspections After Development.
A. Following completion of the development of a conditional
use, the Director shall review the development as
completed and determine if it complies with the approved
conditional use.
B'. If the Director finds that the development as completed
fails in any respect to comply with the use as approved,
he shall immediately notify the LDRA of such fact.
Within thirty (30) days following notification by the
Director, the LDRA shall determine whether the completed
conditional use fails in any respect to follow the
approved conditional use permit. If the LDRA finds the
completed conditional use fails in any respect to follow
the approved conditional use, it shall either revoke the
permit or take the action necessary to compel compliance
with the conditional use.
(code/chapter.6)
December 7, 1994 6-12
Section 615. Limitations on Conditional Use Permits
615.01 General. A conditional use permit shall be valid for the
purposes of securing a building permit for twelve (12)
months from the date of approval. Unless a building
permit is secured within twelve (12) months, and
construction subsequently undertaken pursuant to such
building permit, the conditional use permit shall
automatically expire unless the permit is extended upon
application to the LDRA.
615.02 Extensions of Conditional Use Permits. A conditional use
permit may be extended by the LDRA not more than one (1)
time, and for not more than twenty-four (24) months, upon
application by the applicant and after a public hearing
held in accordance with Article 2 of Chapter 3 of this
Code.
615.03 Limitations on Approval for Conditional Use. A
conditional use permit shall be deemed to authorize only
the particular use for which it was issued and shall
automatically expire and cease to be of any force or
effect if such use shall, for any reason, be discontinued
for a period of twelve (12) consecutive months.
Section 616. Existing Conditional Uses
A legally conforming use that exists on the effective date of
this Code and that was permitted as a special exception in a
zoning district in Section 600, Appendix A, of the Code of
ordinances, City of Edgewater, Florida, shall not be deemed a
nonconforming use in that district, but shall without further
action be considered a conforming use. A use existing prior
to its present classification by this Code as a conditional
use may change in use or in lot area or may alter a structure
only if the change or alteration conforms with the
requirements of Section 614 of this Code. Such change or
alteration may be accomplished only pursuant to the standards
and procedures established for the adjustment of a conditional
use as set forth in Section 614 of this Code.
Section 617. Revocation of Conditional Use Permits
In addition to any other penalty and remedy for violation of
this Code, it shall be a condition of every conditional use
permit that such approval may be revoked for violation of any
condition imposed upon such approval. The permit may be
revoked only after the LDRA holds a public hearing in
accordance with Article 2 of Chapter 3 of this Code unless the
(codelchapter.6)
December 7, 1994 6-13
permittee consents to a revocation of the permit. If the
permittee provides written consent to the revocation to the
Director, the Director shall revoke the permit and notify the
LDRA of the revocation.
(Sections 6I8 - 619 Reserved)
ARTICLE 3
DEVELOPMENT AGREEMENTS
Section 620. General Provisions
620.01 Purpose. The purpose of this Chapter is to set forth the
procedures and requirements necessary for the City of
Edgewater to consider and enter into development
agreements. It is the further intent of this Chapter to
encourage a strong commitment to comprehensive and
capital facilities planning, ensure the provision of
adequate public facilities for development concurrent
with the impacts of development, encourage the efficient
use of resources, and reduce the economic cost of
development.
620.02 Persons Entitled to Initiate Applications. An
application for a development agreement may only be
submitted by the owner, the owner's designated agent or
any other person having a contractual interest in the
parcel of land proposed for the development agreement.
Section 621. Procedures
621.01 Application. An application for a development agreement
shall be filed with the Department of Community
Development accompanied by a nonrefundable fee as
established by resolution of the City Council. The
application shall be in such form and shall contain such
information and documentation as shall be prescribed from
time to time by the Director, but shall contain at least
the following:
A. Applicant's name, address and telephone number.
B. A copy of the most recent deed recorded in the Public
Records of Volusia County for the property under
consideration.
C. A survey certified within ninety (90) days of the filing
of the application as reflecting all improvements and
conditions on the property.
(code/chapter. 6)
December 7, 1994 6-14
D. A statement of the intended development of property.
E. If the proposed development requires site plan approval,
the applicant shall submit a site plan meeting the
requirements of Section 404 of this Code.
F. If the proposed development requires preliminary record
plat and construction plan approval, the applicant shall
submit a preliminary record plat and construction plans
meeting the requirements of section 504 of this Code.
621.02 Action by the Director of Community Development.
Within five (5) working days after an application for a
development agreement is submitted, the Director shall
determine whether the application is complete. If the
Director determines that the application is not complete,
he shall inform the applicant in writing of the
application's deficiencies. The Director shall take no
further action on the application unless the deficiencies
are remedied.
Within thirty (30) working days after the Director
determines that an application for a development
agreement is complete, the Director shall review the
application, make a recommendation, and submit the
application to the LDRA for review.
If the proposed development requires site plan approval
or preliminary record plat and construction plans
approval, the Director shall submit the application to
the TRC for review after determining that the application
is complete. The TRC shall review the application and
advise the Director of its recommendation within fifteen
(15) working days. The review of the TRC shall be
limited to a recommendation as to whether the site plan
or preliminary record plat and construction plans meet
the minimum requirements of this Code. The TRC may also
make recommendations on site layout and design features.
Within thirty (30) days after the Director receives the
recommendation from the TRC regarding the site plan or
preliminary record plat and construction plans, the
Director shall review the application, make a
recommendation and submit the application to the LDRA for
review.
621.03 Action by the LDRA.
A. Upon notification that the application for a development
agreement is ready for review, the LDRA shall place it on
(codelchapter.6)
December 7, 1994 6-15
the agenda of a regularly scheduled meeting for public
hearing in accordance with the provisions of Article 2 of
Chapter 3 of this Code.
B. Within a reasonable time after the public hearing, the
LDRA shall issue its written decision recommending
approval or denial of the development agreement to the
City Council.
621.04 Action by the City Council.
A. Upon receipt of the recommendation of the LDRA, the City
Council shall place the application for a development
agreement on the agenda of the next available regular
meeting of the City Council for a public hearing in
accordance with the requirements of Article 2 of Chapter
3 of this Code.
B. Within a reasonable time of the conclusion of the public
hearing, the City Council shall either grant or deny the
application for a development agreement.
C. Notification of the City Council's decision shall be
mailed to all parties, and the decision shall be filed in
the Department of Community Development and with the City
Clerk.
Section 622. Standards of Development Agreements
A development agreement shall, at a minimum, include the
following:
A. A legal description of the land subject to the
development agreement and the names of the legal and
equitable owners.
B. The duration of the development agreement which shall not
exceed ten (10) years.
C. The development uses permitted on the land including
population densities, building intensities and height.
D. The future land use designation of the property.
E. The current zoning designation of the property.
F. A conceptual site plan indicating phases if the
development is subject to phasing.
G. A description of public facilities that will service the
development, including who shall provide such facilities,
(codelchapter.6)
December 7, 1994 6-16
the date any new public facilities, if needed, will be
constructed, and a schedule to assure public facilities
are available concurrent with the impact of the
development. Any public facilities to be designated
and/or constructed by the developer shall be in
compliance with all applicable federal, state and local
standards to ensure the quality of the public facilities.
The standards shall include, but not be limited to,
guarantees of performance and quality, and project
controls (including scheduling, quality controls, and
quality assurances).
A description of any reservations or dedications of land
for public purposes.
A description of all local development permits approved
or needed to be approved for the development of the land
specifically, to include at least the following:
1. Any required Comprehensive Plan amendments.
2. Any required rezoning.
3. Any required submission to the Regional Planning
Council or to the Florida Department of Community
Affairs.
4. Any required permits from the Florida Department of
Environmental Protection, the U. S. Army Corps of
Engineers, the St. Johns River Water Management
District, the United States Environmental
Protection Agency and other governmental
permissions that are required.
5. A subdivision plat approval.
6. Any final development order authorizing
construction in accordance with the provisions of
the adequate public facilities regulations.
7. Site plan approval and agreement that in the event
that a site plan is required by this Code, all the
requirements of the site plan process shall be met
prior to development.
The development agreement shall specifically provide that
all local development permits shall be obtained at the
sole cost of the applicant/property owner and, that in
the event that any such local development permits are not
received, no further development of the property shall be
allowed until such time as the City Council has reviewed
(code/chapter.6) 6-17
December 7, 1994
the matter and determined whether or not to terminate the
development agreement, or to modify it in a manner
consistent with the public interest and the Comprehensive
Plan.
A finding that the development permitted or proposed in
the development agreement is consistent with the
Comprehensive Plan.
A finding that the development permitted or proposed in
the development agreement is consistent with this Code.
A statement indicating that failure of the development
agreement to address a particular permit, condition, term
or restriction shall not relieve the applicant/property
owner of the necessity of complying with the law
governing said permitting requirements, conditions, terms
or restrictions, and that any matter or thing required to
be done under existing ordinances of the City of
Edgewater shall not be otherwise amended, modified or
waived unless such modification, amendment or waiver is
expressly provided for in the development agreement with
specific reference to the Code provisions so waived,
modified or amended.
Such conditions, terms, restrictions, or other
requirements determined to be necessary by the City of
Edgewater for the public health, safety, or welfare of
its citizens.
Section 623. Execution of Development Agreements
A development agreement shall be executed by all persons
having legal or equitable title in the subject property,
including the fee simple owner and any mortgagees, unless the
City Attorney approves the execution of the development
agreement without the necessity of such joinder or
subordination based on a determination that the substantial
interests of the City will not be adversely affected thereby.
A development agreement is determined to be a legislative act
of the City in the furtherance of its powers to plan, zone and
regulate development within its boundaries and, as such, shall
be superior to the rights of existing mortgagees, lien holders
or other persons with a legal or equitable interest in the
subject property and the development agreement, and the
obligations and responsibilities arising thereunder on the
property owner shall be superior to the rights of said
mortgagees or lien holders and shall not be subject to
foreclosure under the terms of mortgages or liens entered into
or recorded prior to the execution and recordation of the
development agreement.
(codelchapter.6)
December 7, 1994 6-18
Section 624. Amendment and Cancellation of Agreements by Mutual
Consent
A development agreement may be amended or canceled by mutual
consent of the parties to the agreement or by their successors
in interest. Prior to amending a development agreement,
public hearings shall be held pursuant to Article 2 of Chapter
3 of this Code.
Section 625. Extension of Time
The term of a development agreement shall not exceed ten (10)
years. A development agreement may be extended by mutual
consent of the parties subject to public hearings pursuant to
Article 2 of Chapter 3 of this Code.
Section 626. Recordation
within fourteen (14) days after the City Council enters into
the development agreement, the agreement shall be recorded in
the Public Records of Volusia County. A copy of the recorded
development agreement shall submitted to the state of Florida
Department of Community Affairs within fourteen (14) days
after the agreement is recorded. if the agreement is amended,
canceled, modified, extended, or revoked, notice of such
action shall be recorded in the Public Records and such
recorded notice shall be submitted to the Department of
Community Affairs.
section 627. Periodic Review
627.01 Annual Review. The City shall review the development
subject to the development agreement every twelve (12)
months, commencing twelve (12) months after the effective
date of the agreement to determine if there has been good
faith compliance with the terms of the agreement. For
each annual review conducted during years six (6) through
ten (10) of a development agreement, the review shall be
incorporated into a written report which shall be
submitted to the parties and the State of Florida
Department of Community Affairs.
627.02 Notice. The City shall begin the review process by
giving notice to the developer that the City intends to
undertake a periodic review of the development agreement.
627.03 compliance. If the City finds and determines that the
developer has complied in good faith with the terms and
conditions of the development agreement during the period
under review, the review for that period is concluded.
(code/chapter.6)
December 7, 1994 6-19
627.04 Failure to Comply. If the City makes a preliminary
finding that there has been a failure to comply with the
terms of the development agreement, public hearings shall
be conducted pursuant to Article 2 of Chapter 3 of this
Code at which time the developer will be asked to
demonstrate good faith compliance with the terms of the
development agreement. If the City Council finds and
determines on the basis of substantial competent evidence
that the developer has not complied in good faith with
the terms and conditions of the development agreement
during the period under review, the City Council may
modify or revoke the agreement.
Section 628. Effect of Contrary State or Federal Laws
In the event that the state and federal laws are enacted after
the execution of a development agreement which are applicable
to and preclude the parties compliance with the terms of the
development agreement, such agreement shall be modified or
revoked as is necessary to comply with the relevant state or
federal laws, such modification or revocation to take place
only after public hearings pursuant to Article 2 of Chapter 3
of this Code have been complied with.
Section 629. Enforcement
Any party or any aggrieved or adversely affected person as
defined in Section 163.3215(2), Florida Statutes, may file an
action for injunctive relief in the Circuit Court for Volusia
County to enforce the terms of a development agreement or to
challenge compliance of the development agreement with the
provisions of this Chapter and Sections 163.3220 through
163.3243, Florida Statutes.
ARTICLE 4
RIGHT-OF-WAY ABANDONMENT AND PLAT VACATION
Section 630. General Provisions
630.01 Purpose. The purpose of this Article is to provide a
procedure for the submittal and review of applications
for right-of-way abandonment and plat vacation.
630.02 Authority and Applicability. Any dedication or
conveyance of real property for the purpose of streets,
rights -of -way, access, ingress and egress, utilities and
drainage which has been made on or by a plat, easement,
deed, or other instrument of any kind which instruments
have been approved by the City Council for filing of
record in the Public Records of the County or which
(code/chapter.6)
December 7, 1994 6-20
instruments convey any interest in real property to the
City is hereby deemed to be under the jurisdiction and
control of the City Council for the purposes of the
vacation, annulment and/or abandonment of plats, or
portions thereof, rights -of -way, and easements for
utility and drainage purposes.
630.03 Vacation of Plats. Any person, governmental entity or
business entity desiring to vacate a plat, or any portion
thereof, including public easements, shall be required to
make application to the City pursuant to Section 177.101,
Florida Statutes, and the provisions of this Article.
630.04 Abandonment of Rights -of -Way. Any person, governmental
entity or business entity desiring to abandon the
public's interest in and to any right-of-way shall be
required to make application to the City pursuant to this
Article.
Section 631. Procedures
631.01 Application. An application for right-of-way abandonment
or plat vacation shall be filed with the Department of
Community Development accompanied by a nonrefundable fee
as established by resolution of the City Council. The
application shall be in such form and shall contain such
information and documentation as shall be prescribed from
time to time by the Director of Community Development
(Director), but shall contain at least the following:
A. Applicant's name, address and telephone number.
B. A statement identifying the type of petition:
1. Plat vacation;
2. vacation of a portion of a plat;
3. Abandonment of a City right-of-way;
4. Abandonment of the public's interest in a private
right-of-way; or
S. Abandonment of a public easement.
The statement shall identify the source of the City's or
public's interest together with the recording
information.
C. A complete and accurate legal description of the petition
site.
(code/chapter.6) 6-21
December 7, 1994
D. A drawing measuring not less than eight (8") inches by
fourteen (14") inches and no larger than eleven (11")
inches by seventeen (17") inches which clearly and
legibly identifies the location of the petition site in i
relation to the nearest public right-of-way, g
petitionthe site, affected
s. The
location map maybe locat d onthe survey pin to eseparate
block.
E. The petition shall contain a statement that to the best
of the petitioner's knowledge, the granting of the
petition would not affect the ownership or right of
convenient access of abutting property owners.
F. The petitioner shall certify that the petition site, or
any portion thereof, is not a part of any state or
federal highway and was not acquired or dedicated for
state or federal highway purposes.
G. The petition shall state the source of petitioner's
ownership or interest in and to the petition site and
include the recording information. A copy of the source
instrument shall be certified by the Clerk of the Circuit
Court and attached to the petition.
H. The petition shall state that all state, municipal and
County taxes on the petition site have been paid. The
certificate(s) showing payment as defined in Section
177.101(4), Florida statutes, shall be attached to the
petition. If the petition site or any portion thereof is
tax-exempt, the petition shall so state and a copy of the
tax roll which shows such exemption shall be attached to
the petition.
I. The petition shall detail the relevant reasons in support
of the request and granting of the petition.
631.02 Action by the Director of Community Development.
within five (5) working days after an application for
right-of-way abandonment or plat vacation is submitted,
the Director shall determine whether the application is
complete. If the Director determines that the
application is not complete, he shall send a written
statement specifying the deficiencies to the applicant by
mail. The Director shall take no further action on the
application unless the deficiencies are remedied.
Within thirty (30) working days after the Director
determines that an application for right-of-way
abandonment or plat vacation is complete, the Director
(codelchapter.6) 6-22
December 7, 1994
631.03
A.
C.
shall review the application, make a recommendation, and
submit the application to the City Council.
Action by the City Council.
upon receipt of the recommendation by the Director, the
City Council shall place the application for right-of-way
the agenda
abandonment or plat vacation on Council r the next
available regular meeting of the City uirementsof
public hearing in accordance with the requirements
Article 2 of Chapter 3 of this Code. ublic
Within a reasonable time of the conclusion of the pu the
ht-of-way hearing, the City Council shall eithergrant
or plat
'
application for a rig
vacation.
council's decision shall be
l be
the
d in
De Development and lwith the eCity
Notification °yrt he tisCity
and
mailed to all parties,
the Department of community
1 rk
C e .
If the city Council grants the application, notice
thereof shall be published one (1) time within thirty
(30) days following the date of adoption of such
of
resolution in a newspaper general circulation
published in the County. The proof of publication of the
of the
notice of public hearing, the proof of publication notice of adoption of the resolution, and a copy of the
resolution shall be recorded in the public records.
section 632. Effect of Recording Resolutioau on the recordation
632.01 Rights -of -Way. For rights -of -way, P public hearing,
of the proof of publication of notice of the
proof of publication ofof the resolution e notice of d in the public
resolution, and a copyw so closed shall
records, the interest of the right -of- ay
be vested in the abutting fee owners.
632.02 Plats. For plats, or portions thereof, recordation in
the public records of resolutions approving vacation of
a plat or a portion thereof shall in v accordance e the effect with
vacation all streetal statute" and shalaysll either
Section 177.101(5), Florida
to the
ltted
return the vacated property ia�tin uaccordanceewith
acreage or shall vacate the first Florida Statutes, as
Section 177.101(1) or (2),
applicable.
(code/chapter.6) 6-23
December 7, 1994
ARTICLE 5
VOLUNTARY ANNEXATION
section 640. General Provisions
is to provide a
640.01 . The purpose of this meanssfor the voluntary annexation lofeproperty into the
City.
640.02 Persons Entitled to Initiate Applications. An
application for annexation may only be initiated by the
owner, owner's designated agent or any other person
having a contractual interest in the parcel of land
proposed for annexation.
640.03 Annexation Initiated by the City. The provisions of
Sections 171.0413 through 171.043, Florida Statutes,
shall apply in the case of annexations initiated by the
City.
section 641. Procedures
641.01 Application. An application for annexation shall be
filed with the Department of Community Development
accompanied by a nonrefundable fee as established by the
City Council. The application shall be in such form and
shall contain such information and documentation as shall
from time to time be prescribed by the Director, but
shall contain at least the following information:
A. The applicant's name, address and phone number.
A coy of the most recent deed recorded in the
ic
$ Records of volusia County for the property proposed tolbe
annexed.
C. The street address of the property to be annexed.
D. A survey certified within go days of the filing of the
application as reflecting all improvements and conditions
on the property. The survey shall include a metes and
bounds description of the property.
E. The applicant's interest in the subject property.
F. The owner's name and address, if different than the
applicant.
G. The area of the property proposed to be annexed, stated
in square feet or acres, or a major fraction thereof.
(code/chapter.6) 6-24
December 7, 1994
H. The existing County zoning and future land use
designation.
641.02 Action by the Director of Community Development.
A. Within five (5) working days after an application for
annexation is submitted, the Director shall determine
whether the application is complete. If the Director
determines the application is not complete, he shall send
a written statement specifying the application's
deficiencies to the applicant by mail. The Director
shall take no further action on the application unless
the deficiencies are remedied.
B. Within thirty (30) working days after the Director
determines an application for annexation is complete, the
Director shall review the application, make a
recommendation and submit it to the LDRA.
641.03 Action by Land Development and Regulatory Agency.
A. Upon notification of the completed application for
annexation, the LDRA shall place it on the agenda of a
regular meeting for a public hearing in accordance with
the requirements of Article 2 of Chapter 3 of this Code.
B. Within a reasonable time of the conclusion of the public
hearing, the LDRA shall make a recommendation to grant or
deny the application for annexation to the City Council.
641.04 Action by the City Council.
A. Upon receipt of the recommendation of the LDRA, the City
Council shall place the application for annexation on the
agenda of a regular meeting of the City Council for a
public hearing in accordance with the requirements of
Article 2 of Chapter 3 of this Code.
B. Within a reasonable time of the conclusion of the public
hearing, the City Council shall either grant or deny the
application for annexation.
C. Notification of the City Council's decision shall be
mailed to all parties, and the decision shall be filed in
the Department of Community Development and with the City
Clerk.
(code/chapter.6) 6-25
December 7, 1994
CHAPTER 7
PERMITS
Section 701. Purpose
The purpose of this Chapter is to set forth the process for
obtaining development permits.
Section 702. Building and Related Permits
702.01 Review of Applications.
A. Application Documents. Applications for building permits
shall be submitted to the Building Division. Submittals
shall include the application form as provided by the
City, together with all accompanying documents as
required by the Building Official-
B. Applicant's Credentials. Each applicant for any permit
shall be properly licensed and insured in accordance with
current State of Florida laws and regulations and shall
have a current, valid City of Edgewater contractor
registration, also known as a "competency card". The
City shall issue contractor registrations or competency
cards to those persons holding valid certifications or
registrations from the State of Florida or Volusia
County. An owner -building who meets all the criteria
established by law shall be excused from the competency
card requirement.
C. Receiving Permits. After a permit application is
submitted to the Building Division, the application and
the applicant's credentials shall be verified to ensure
that they are complete and are accompanied by all
required information and documents. The Building
Division shall not process any application received from
any person who does not have the proper credentials, nor
shall the Division process any application which is not
complete or has omitted any required information or
document. In the event that any application is found to
be incomplete, the Division shall contact the applicant
and return the application.
D. Distribution of Received Permit Applications. Once the
application has been completed and all accompanying
materials have been received by the Building Division, a
copy of the plans and specifications shall be distributed
to all Staff members responsible for reviewing plans for
that type of proposed improvement. In all cases, the
Building Official shall be the responsible custodian for
all permit information and documents.
(code/chapter.]) 7-1
December 7, 1994
Approval of Permit Applications. Each Staff member
receiving plans and specifications shall review them for
compliance with the applicable codes and regulations.
After completion of the review, comments shall be
forwarded to the Building Official. Upon receipt of all
comments, the Building Official shall determine if the
permit will be issued.
If any of the returned comments indicate that the
plans or specifications do not comply with the
applicable codes or regulations, the Building
Official shall deny the permit and inform the
applicant of the reason(s) for disapproval.
If all of the returned comments indicate the plans
and specifications comply with the applicable codes
and regulations, the Building Official shall
approve the permit.
F. Time Limitations. A permit application shall be deemed
to have been abandoned unless a permit has been issued
within six (6) months of the date of filing. One or more
extensions of time for periods of not more than ninety
(90) days each may be allowed by the Building Official,
provided the extension is requested in writing and
justifiable cause is demonstrated.
702.02 Issuance and Effect of Building Permits.
A. Issuance of the Permit. Upon approval by the Building
Official and the payment of all applicable fees, the
permit shall be issued.
B. Permit Fees. All building and related permit fees shall
be established by resolution of the City Council.
C. License to Proceed. A permit is simply a license to
proceed with the proposed work, and grants no authority
to violate, cancel, alter or set aside any applicable
code, regulation, requirement, ordinance, or law,
regardless of what may be shown or omitted on the permit
documents, and regardless of any agreement with any City
official.
Posting of Permits. No work requiring a permit shall
commence until the issued permit and copies of the
approved plans are placed conspicuously on the job site
in such a manner and location that they are protected
from the weather and allow the inspectors to conveniently
make written entries on the permit. If the permit is
lost or destroyed, a replacement shall be secured from
(code/chapter.7)
December 7, 1994 7-2
the Building Division on the first workday after such
loss.
Time Limits on Permits. The work authorized by a permit
shall commence within six (6) months after its issuance
or the permit shall become null and void. Once the work
has commenced, the permit shall become null and void if
the work slows to a virtual standstill with only token or
insignificant progress for a continuous period of six (6)
months, or if the work on the project is stopped for any
reason for a continuous period of six (6) months or no
inspections are requested for a continuous period of six
(6) months.
Work Commencing Before Permit Issuance. Any person who
commences any work on a building structure, electrical,
gas, mechanical or plumbing system before obtaining the
necessary permits, shall be subject to a penalty of 200%
of the usual permit fee in addition to the required
permit fees.
702.03 Inspections.
Preliminary Inspection. Before a permit is issued, an
inspection may be made of any structure or premises for
which an application has been submitted.
Required Inspections. Upon notice from the permit
holder, the following inspections shall be conducted at
a minimum:
1. Tree Removal. Two inspections are required. One
inspection shall be performed prior to clearing or
tree removal. The permit must be posted on site
and trees to be saved shall be banded in a manner
that does not harm the tree. A second inspection
is required after clearing. Tree removal permits
may be issued prior to building permits.
2. Electric Service. This inspection shall be
conducted after the temporary or permanent service
equipment is in place, with meter socket open, main
disconnect installed, grounding installed, bracing
in place, G.F.I. (Ground Fault Interruption)
outlet, and any non -weatherproof equipment
protected from rain.
3. Footing. This inspection shall be conducted after
the site is excavated, with the trenches open,
forms in place, any necessary lab certified density
tests have been completed and approved and
(code/chapter.7) 7-3
December 7, 1994
reinforcement secured.
First Rough Plumbing and Electrical. This
inspection shall be conducted after the under -slab
plumbing piping and electrical raceways are in
place, drainage and vent tests, with the piping
exposed, holding a ten (10) foot head of water, and
distribution piping holding water at street
pressure or air at 25 pounds over working pressure.
5. Slab Inspection. This inspection shall be
conducted after the excavation is back filled,
compacted, and treated for pest control, with the
vapor barrier in place, slab reinforcement in
place, and any accessory form work in place. Once
the slab has been poured and before work continues
a certified survey demonstrating compliance with
the applicable setback requirements shall be
submitted to the Building Division.
6. Lintel Inspection. All masonry construction shall
have a reinforcing inspection. This inspection
shall be conducted after all horizontal and
vertical reinforcement is in place. An inspection
knock -out shall be provided at each reinforced
cell.
7. Roof Nailing Inspection. This inspection shall be
conducted immediately after roof sheathing is
installed and prior to the installation of any
roofing underlayment.
B. Framing Inspection or Rough Structural. This
inspection shall be conducted after the structural
members are erected and secured, with wind load
ties installed, all bracing installed, fire stops
in place, sub -sheathing attached, finished roofing
installed, and any work that will be covered or
concealed prior to the next inspection installed.
9. Specialty Inspections. Inspections of required
subsystems shall be conducted once items such as
fire walls; fire alarm, detection, suppression or
control systems; gas lines; elevators; stairwell
enclosures, or other specialty items have been
installed.
10. Electrical Second Rough Inspection. This
inspection shall be conducted after all wiring,
raceways, equipment, and device boxes that will be
covered or concealed prior to the next inspection
(code/chapter.7)
December 7, 1994 7-4
are installed.
11. Plumbing Second Rough Inspection. This inspection
shall be conducted after all piping, vents, and
anything that will be covered or concealed prior to
the next inspection are installed. Upon completion
of a section or of the entire water supply system,
it shall be tested and proved tight under water
pressure not less than 25 psi above the working
-
pressure under which it is to be operated. The
water used for tests shall be obtained from a
potable source of supply.
12. Mechanical. This inspection shall be conducted
after all duct work, fire dampers, equipment and
anything that will be covered or concealed prior to
the next inspection are installed.
13. Insulation Inspection. This inspection shall be
conducted after all insulation that will be covered
or concealed prior to the next inspection is
installed.
14. Final Inspection. This inspection shall be
conducted after the electric, water and wastewater
utilities are in place; heating and cooling system
is installed; plumbing valves and fixtures are in
place; handicap requirements are met; all code
required items are installed; grading and
stormwater management areas are finished;
landscaping is completed; vehicle use areas,
driveways and sidewalks are installed; the property
is cleared of all construction debris and waste;
the temporary toilet is removed; address numbers
are visible from the street; City agreements,
conditions or restrictions are complied with; and
any outstanding fees are paid in full.
C. Combination Inspections. Whenever possible, any of the
inspections referenced in Section 702.03.B may be
combined into a single inspection.
Notification of Inspection Results. The inspector who
conducts an inspection shall leave a written approval of
the work on the permit or a copy of a field correction
notice if the work is not approved in addition to any
verbal approvals or denials given.
Reinspection Fees. Permit fees include the cost of
inspecting the work to be done under a permit, however,
if additional inspection trips are required, an
(code/chapter.])
December 7. 1994 7-5
additional inspection fee shall be charged. Such fees
shall be established in accordance with Section 702.02.B.
702.04 Certificate of Occupancy. No new building or addition
shall be used or occupied in whole or in part, nor shall
there be any change of occupancy, change in use, or
change in the nature of a use, until after an approved
certificate of occupancy is issued.
Section 703. Driveway Permits
703.01 Application and Review.
A. Application for Permit. Any person seeking to construct
or reconstruct any curb cut or driveway on any City
maintained public road shall file an application with the
Department of Community Development accompanied by a
nonrefundable application fee as established by
resolution of the City Council.
B. Application Contents. The application shall be in such
form and shall contain such information and documentation
as shall be prescribed from time to time by the Director,
but shall contain at least the following:
1. Name and address of the owner of the property on
which the driveway is proposed to be located.
2. Except for one and two family residences, a set of
detailed plans for the proposed driveway or curb
cut (including signage, radii of each ingress and
egress, any vertical impediments, the distance to
center line of all curb cuts adjacent to the site
and the site plan if applicable).
3. Except for one and two family residences, estimated
cost of the alteration.
4. Approval from the Florida Department of
Transportation, if applicable.
5. All other information deemed necessary by the City
Engineer for the reasonable review of the proposed
driveway connection.
C. Procedure for Review of Driveway Permit Applications.
1. Within five (5) working days after the application
has been submitted, the Director shall review the
application and determine if it is complete. If
(code/chapter.7)
December 7, 1994 7-6
the application is complete, the Director shall
transmit the application to the City Engineer for
review.
2. If the Director determines that the application is
not complete, he shall send the applicant a written
statement specifying the deficiencies, and shall
take no further action unless the deficiencies are
remedied.
3. The City Enggineer shall review the application
within ten (10) working days of receipt from the
Director. The City Engineer shall approve, approve
with conditions or deny the application based upon
the standards in this Code. Notification of the
decision shall be mailed to the applicant.
Appeals From Permit Denial. An appeal may be initiated
by any person aggrieved by a decision of the City
Engineer pursuant to Section 330 of this Code.
Issuance of Driveway Permits. Following approval of an
application by the City Engineer, the Director shall
issue a driveway permit. The permit shall take effect on
the date issued.
section 704. Clearing and Grading Permits
A. General Permit Required.
Unless otherwise exempted under this Code, no
person shall clear and/or change the grade on any
lot or parcel of land in the City without first
obtaining a permit from the Director.
Any person desiring a clearing and grading permit
shall file an application with the Department of
Community Development using forms provided by the
Director.
Application Requirements.
1. Each application for a clearing and grading permit
shall include the following information:
(a) The name, address and telephone number of the
applicant. If the application is submitted by
an agent, it shall include a notarized
statement clearly indicating that the land
owner has delegated full authority to the
agent to apply for the permit and that the
(code/chapter.7) 7-7
December 7, 1994
owner accepts any special conditions which may
be imposed by the Director pursuant to this
Code.
(b) A statement describing the need for and intent
of the proposed work.
(c) A survey depicting the individual locations of
all trees of twelve (12) inches DBH or
greater.
(d) The approximate location, extent, spread or
canopy and general type of all other
vegetation on the subject lot or parcel of
land, including common or scientific names of
the major groups of vegetation.
(e) Any proposed buildings, structures, driveways
and other improvements drawn to scale.
(f) The existing and proposed grades, in one (1)
foot contours which extend fifty (50) feet
beyond the project in all directions.
(g) Any wetlands or bodies of water on or adjacent
to the site.
2. The Director may require that the application
include such additional information as is necessary
for adequate administration of this Code.
Three (3)
ies
f the application and
3 accompanying documentsoshall be submitted to the
Director.
4. Payment of the applicable permit fee shall be
required as established by resolution of the City
Council.
5. The filing of an application shall be deemed to
extend permission to the Director to inspect the
subject site for purposes of evaluating the
application.
C. Review of Applications.
Applications for a clearing and grading permit shall be
reviewed as follows:
1. The Director shall review each application and
(code/chapter.7)
December 7, 1994 7_8
render a determination of completeness within
five (5) working days of submission. If the
application is determined incomplete, it shall
be returned to the applicant with
identification of the areas in which a
deficiency exists.
Within ten (10) working days after an
application has been determined to be
complete, the Director shall review the
application and approve, approve with
conditions or deny the application, based on
the standards set forth in this Code.
D. Issuance of Clearing and Grading Permits.
1. Procedure
(a) Upon approval of the application, the Director
shall issue a Notice of Intent to Issue a
clearing and grading permit. The Notice of
Intent shall not authorize any land clearing
or grading activities until a permit is
issued.
(b) The Notice of Intent shall serve as
authorization for the applicant to identify
the areas on the proposed development site to
be cleared and the areas to be preserved or
protected. All such identification shall be
accomplished under the terms and conditions
set forth in the Notice of Intent.
(c) Upon completion of all site identification
required under the Notice of Intent, the
applicant shall notify the Director, and
request a field inspection in order to verify
compliance with the Notice of Intent. A
minimum advance notice of one (1) working day
is required for all inspections.
(d) The Director shall conduct an inspection of
the proposed development site and upon a
determination of compliance with the Notice of
Intent, shall issue a permit. No permit shall
be issued until the Director has verified
compliance with the Notice of Intent.
once issued, a clearing and grading permit must be
prominently displayed upon the subject site.
(code/chapter. 7)
December 7, 1994 7-9
Term of Clearing and Grading Permits.
1. Clearing and grading permits issued in conjunction
with a Final Development Order shall be renewed, as
necessary, with the site development plan.
2. All other permits shall remain valid for a term of
six (6) months and may be renewed for an additional
second six (6) month period. A request for renewal
must be made in writing to the Director prior to
the expiration of the permit.
3. Unless renewed as provided above, a clearing and
grading permit shall expire and become void if the
work authorized by the permit is not commenced
within six (6) months after the date of issuance of
the permit.
4. Unless renewed as provided above, a clearing and
grading permit shall expire and become void if
authorized removal work, once commenced, is
suspended, discontinued, or abandoned for a period
equal to or greater than six (6) months.
5. If a clearing and grading permit expires or becomes
void after work has commenced, a new permit must be
obtained before work is resumed.
F. Violations. If the Director determines that any land
development activity violates the terms or conditions of
an issued Notice of Intent, clearing and grading permit,
or the provisions of this Code, the Director may issue a
Stop Work Order on the development site in question and
process the violation for appropriate review and
enforcement in accordance with this Code.
Appeals. Any final action by the Director may be
appealed to the LDRA, in accordance with the provisions
of Section 330 of this Code.
Section 705. Tree Removal Permits (Ron -Development Related)
A. Permit Required.
Unless otherwise exempted under this Code, no
person shall cut down, move, remove or destroy any
tree of twelve (12) inches DSR or greater without
first obtaining a tree removal permit.
Where development related clearing of land is
proposed, the permit requirements of Section 704
(codelchapter.7)
December 7, 1994 7-10
shall apply.
3. Any person desiring a tree removal permit shall
file an application with the Department of
Community Development using forms provided by the
Director.
B. Application Requirements.
1. The name, address, and telephone number of the
applicant.
2. A statement describing the work to be done.
3. A site plan, sketch, or survey clearly locating the
type and diameter of trees to be removed.
4. The Director may require that the application
include such additional information as is necessary
for adequate administration of this Code.
5. Payment of the applicable permit fee shall be
required as established by resolution of the City
Council.
C. Review of Applications for Tree Removal Permits.
1. Applications for a tree removal permit shall be
reviewed as follows:
(a) The Director shall review each application and
render a determination of completeness within
five (5) working days of submission.
(b) Within five (5) working days after an
application has been determined complete, the
Director shall review the application and
approve, approve with conditions or deny the
application based on the standards set forth
in this Code.
D. Issuance of Tree Removal Permits.
1. The Director shall not issue a tree removal permit
until a field inspection has been performed.
2. Once issued by the Director, a tree removal permit
must be prominently displayed upon the subject
site.
E. Terms. A tree removal permit is valid for six (6) months
(code/chapter.7) 7-11
December 7, 1994
from the date of issuance.
Appeals from Permit Denial. Any final action by the
Director may be appealed to the LDRA in accordance with
Section 330 of this Code.
Section 706. Stormwater Permits
Application for Permit. Unless exempted by this Code,
any person undertaking development within the City shall
be required to file a stormwater management permit
application with the the Department of Community
Development accompanied by a nonrefundable application
fee as established by resolution of the City Council.
Application Contents.
The stormwater management permit application shall
include the following information:
(a) Name, address and telephone number of the
property owner, the applicant (if different
from the owner) and project engineer,
consultant or agent.
(b) Detailed location sketch with section,
township and range.
(c) Recent aerial photograph with the project
boundaries shown, north arrow and scale
indicator depicting existing and proposed
impervious surfaces.
(d) Topographic map of the presently existing
project site. The map should contain, at a
minimum: the project boundaries, a north
arrow, a scale indicator, spot elevations
fifty (50) feet a part, one -foot contour lines
which extend at least fifty (50) feet beyond
the project in all directions and bench mark
information (NGVD).
(a) Boundary survey and legal description.
(f) Soil borings to a minimum depth of six (6)
feet below average existing ground elevation
identifying soil types and seasonal water
table fluctuations. At a minimum soil borings
shall be required at the bottom of each
proposed stormwater retention area. Such
borings will be completed by a qualified
(code/chapter.7)
December 7, 1994 7-12
geotechnical firm and shall clearly indicate
seasonal highwater tables, soil types and
horizontal and vertical permeability rates.
(g) Detailed paving, grading and drainage plans
identifying all storm water management
structures and facilities including flow
arrows, catch basins, slope of pipes,
embankment slopes, exfiltration details, weir
and skimmer plate elevations and property
affected by overflow from any weirs.
(h) All drainage calculations and supporting
documentation used for the design of the
stormwater management system as outlined in
this Code.
(i) Legal positive outfall shall be documented if
applicable.
(j) Any other information which the developer or
the City Engineer believes is necessary to
properly evaluate the permit application.
Procedure for Review of Stormwater Management Permit
Applications.
1. Within five (5) working days after an application
for stormwater management permit has been
submitted, the Director shall review the
application and determine if it is complete.
2. If the Director determines that the application is
not complete, he shall send the applicant a written
statement specifying the deficiencies and shall
take no further action unless the deficiencies are
remedied. If the application is complete the
Director shall submit it to the City Engineer.
3. Within ten (10) working days after an application
has been determined to be complete, the City
Engineer shall review the application and approve,
approve with conditions or deny the application
based upon the standards established in this Code.
4. If additional stormwater related permits are
required from any other duly authorized regulatory
agency, any authorization by the City Engineer to
proceed with the commencement of development
activity may be conditioned to restrict such
commencement until such time as all ,other
(code/chapter.7)
December 7, 1994 7-13
stormwater related permits have been issued. In
those cases where conflicts exist between
regulatory standards or conditions, the more
restrictive conditions or standards shall apply.
5. Nothing in this Section shall be deemed to prevent
the concurrent review of these stormwater
management plans for the purpose of permit
approval.
D. Appeals From Permit Denial. Any final action by the City
Engineer may be appealed to the LDRA in accordance with
the provisions of Section 330 of this Code.
E. Issuance of Stormwater Permits. Following approval of an
application by the City Engineer, the Director shall
issue a stormwater permit.
Section 707. Mining Permits
A. Requirement for Permit; Exemptions.
Except as provided in this Section, no mining or
excavation operation shall be conducted without a
permit approved by the City Council. As used in
this Section, the terms "mining" and "excavation
operation" include any operation that entails the
excavation or removal of earth in excess of one
hundred (100) cubic yards.
2. No mining permit shall be required under this
Section for the following activities:
(a) Installing utilities.
(b) Installing foundations for any building or
other structure, or undertaking any
development authorized by site plan approval,
conditional use permit, preliminary plat and
construction plan approval, building permit,
development permit or stormwater permit.
(c) Digging drainage or mosquito control ditches
and canals by authorized units and agencies of
government.
3. Mining permits authorized by the City Council and
issued prior to the effective date of this Code
shall be treated as issued under this Code.
B. Application for Mining Permit. The application shall be
(code/chapter.7)
December 7, 1994 7-14
in such form and shall contain such information and
documentation as shall be prescribed from time to time by
the Director, but shall contain at least the following:
1. operational statement
The operational statement shall include:
(a) The names and business addresses of all
applicants.
(b) Proof of ownership of the property to be
mined.
(c) The purpose of the mining operation and size
of the area to be mined in acres.
(d) A timetable or schedule for mining activities,
from commencement of operations through
completion of reclamation.
(e) The proposed days and hours of operation,
including maintenance and service of
equipment.
(f) The method of extraction and processing,
including disposition of overburden or top
soils as well as the type of excavation
equipment to be used.
(g) The location and estimated annual output of
machinery or equipment to be used in any
screening, crushing, or processing operation
for materials mixed or excavated on the site.
(h) Operating practices proposed:
(1) To minimize noise, dust, air
contaminants, and vibration.
(2) To prevent undue damage to public streets
and roads or creation of a traffic
hazard.
(3) To prevent overburdening the existing
drainage system by means of dewatering or
other types of discharge.
(4) To prevent undue pollution of surface and
underground water and undue alteration of
the water table.
(code/chapter.7)
December 7, 1994 7-15
(i) Any other information deemed necessary by the
Director for the reasonable review of the
proposed mining operation.
2. Mining Plan
The mining plan shall be submitted on twenty-four
(24) inch by thirty-six (36) inch detail sheets and
at a scale no smaller than one (1) inch equals
fifty (50) feet, unless the Director deems a
smaller scale to be appropriate. Detail sheets
shall include:
(a) The north point, scale, and date of the plan.
(b) The location of the property to be mined by
legal description and street address, if any.
(c) The boundary lines and dimensions of the
property.
(d) The extent of the area to be excavated, with
dimensions showing property line setbacks,
corner locations, required berm and swale, and
phase boundaries, if applicable.
(e) A typical cross-section showing the slope and
grade of excavation side slopes, berm and
swale.
(f) Processing, storage, and ponding or water
detention areas.
(g) Proposed fencing, gates, parking and other
safety features.
(h) Any other information deemed necessary by the
Director for the reasonable review of the
proposed mining operation.
3. Reclamation plan
The reclamation plan shall delineate procedures
necessary to assure that, upon completion of the
mining activity, the property's surface will be
left in a suitable condition. The reclamation
plan shall include:
(a) A statement of planned reclamation, including
the methods to accomplish reclamation as well
as the phasing and timing of reclamation.
(code/chapter.7)
December 7, 1994 7-16
(b) A plan setting forth the final grade of the
excavation any water features included in the
reclamation, proposed methods to
prevent
and or
stagnation and pollution, landscaping
vegetative planning, and areas of cut or fill.
(c) If excavation is to be accomplished in phases,
the area, extent, and approximate timing of
each phase.
(d) The method of disposing of any equipment or
structure used in the mining operation.
(a) Any other information deemed necessary by the
Director for the reasonable review of the
proposed mining operation.
Procedure for Obtaining Mining Permit.
1. An application for a mining permit shall be filed
with the Department of Community Development
accompanied by a nonrefundable application fee as
established by resolution of the City Council.
2. Within five (5) working days after the application
has been submitted the Director shall review the
application and determine if it is complete. An
application shall be deemed to be complete only if
all of the required submittals of Section 707.E are
provided. If the application is complete, the
Director shall transmit it to the City Engineer for
review.
3. If the Director determines that the application is
not complete, he shall send the applicant a written
statement specifying the deficiencies and shall
take no further action unless the deficiencies are
remedied.
4. The City Engineer shall have fifteen (15) working
days in which to review the submitted application
for compliance with provisions of the Code. if the
City Engineer determines that the application does
not comply with the provisions of this Code, he
shall inform the applicant in writing of the cited
deficiencies. No further review of the application
shall take place until the cited deficiencies are
addressed.
5. Within thirty (30) working days after the City
Engineer determines that the application complies
(code/ehapter.7) 7-17
December 7, 1994
with the provisions of this Code, the City Engineer
shall issue a report to the LDRA recommending
approval, approval with conditions or denial of the
application for a mining permit.
The LDRA shall place the application for a mining
permit on the agenda of a regular meeting for a
public hearing in accordance with the requirements
of Article 2 of Chapter 3 of this Code. In
reviewing the application, the LDRA shall consider
the recommendations of the City Engineer and any
testimony presented during the public hearing and
make a recommendation as to whether the application
is consistent with the provisions of this Code and
any other applicable ordinances. Within a
reasonable time following the conclusion of the
public hearing, the LDRA shall transmit its
recommendation to the City Council.
The City Council shall place the application for a
mining permit on the agenda of a regular meeting
for a public hearing in accordance with the
requirements of Article 2 of Chapter 3 of this
Code. In reviewing the application for a mining
permit, the City Council shall consider the
recommendations of the City Engineer and LDRA and
any testimony presented during the public hearing
and determine whether the application is consistent
with the provisions of this Code and any other
applicable ordinances.
Following approval of an application by the City
Council, the Director shall issue a mining permit
upon the applicant furnishing a performance bond or
other security, approved as to legal form and
sufficiency by the City Attorney, to assure
compliance with the requirements of the mining plan
and reclamation plan. The amount of the bond or
other security shall be set by the City Council
upon recommendation by the City Engineer in an
amount reasonably related to the cost of the
reclamation activity. The bond or other security
shall be released by the City Council only upon
certification by the City Engineer that all
ordinances, conditions, and reclamation
requirements have been fulfilled. The permit shall
set forth any condition, limitation, or requirement
imposed by the City Council, and shall take effect
on the date the permit is issued. No mining may
commence until a permit is issued and all
restrictions, regulations and conditions of that
(code/chapter.7)
December 7, 1994 7-18
permit have been met. If an applicant fails to
post the required performance bond or other
security and obtain a mining permit within one (1)
year of the date of approval by the City Council,
the approval shall automatically terminate.
D. Criteria for issuing Mining Permit. Approval of a
mining permit application shall be granted by the City
Council only if the applicant demonstrates the following:
1. Consistency with this Code, the Comprehensive Plan,
and other applicable ordinances.
2. Effect on adjacent properties.
(a) The proposed mining operation will not have an
undue adverse effect upon adjacent property,
the character of the neighborhood, parking,
utility facilities, and other matters
affecting the public health, safety and
general welfare.
(b) All reasonable steps have been taken to
minimize noise, dust, air contaminants and
vibration.
(c) The proposed mining operation will not
overburden the existing drainage system.
(d) All reasonable steps have been taken to
prevent undue pollution of surface and
underground water, and to prevent undue
alteration of the water table.
(e) The proposed mining operation will be arranged
and conducted so as not to interfere
unreasonably with the development and use of
neighboring property.
3. Effect on transportation system.
The proposed mining operation will not cause undue
damage to public streets and roads, and will not
create a traffic hazard.
4. Adequacy of reclamation plan.
The reclamation plan is adequate to ensure that the
property will be properly reclaimed upon completion
of mining operations.
(codelchapter.7) i—lg
December 7, 1994
Modification or Extension of Mining Permit. Any
significant change in mining operations, the mining plan,
or the reclamation plan, and any extension in the mining
permit approval period shall be in accordance with a new
mining permit application conforming with and approved
under this Code. Any reduction in mining operations,
including but not limited to a reduction in hours of
operation, a reduction in mining plan area, or a
reduction in the scope of operations shall be deemed to
be not significant.
Suspension of Mining Permit.
Grounds.
The City Engineer shall suspend any mining permit
issued under this Code upon determining that the
permittee has failed to meet any requirement of
this Code, or has deviated substantially from or
disregarded the terms and conditions of the permit
in a manner that poses an immediate danger to the
public health, safety and welfare.
Effect.
No mining operation shall be conducted following
suspension of a mining permit until the City
Engineer determines that the permittee is in full
compliance with the requirements of this Code and
the terms and conditions of the mining permit and
reinstates that permit.
Hearing notice.
Unless the City Engineer has previously reinstated
the permit, the permittee under any suspended
mining permit shall be provided a hearing at a
regularly scheduled meeting of the City Council.
The City Engineer shall notify the permittee of the
date, time and location of such hearing when he
imposes the suspension.
4. Confirmation or rescission.
At the hearing, the City Council shall consider the
evidence presented and shall:
(a) Confirm the suspension, in which event mining
operations shall not be reactivated until the
City Engineer determines that the permittee is
in full compliance with the requirements of
(code/chapter.7)
December 7, 1994 7-20
this Code and the terms and conditions of the
permit and reinstates the permit.
(b) Confirm the suspension and initiate
proceedings to revoke the permit.
(c) Rescind the suspension and direct the
reinstatement of the permit.
G. Effective Approval Period for Mining Permits. mining
permits shall be valid for a period up to ten (10) years
from the date of 'issuance.
H. Revocation of Mining Permit.
1. Grounds.
The City Council shall revoke any mining permit
issued under this Code upon determining that the
permittee has:
(a) Failed to meet any requirement of this Code or
any other rule or regulation governing the
permitted mining operations.
(b) Deviated substantially from or disregarded the
terms and conditions of the mining permit.
(c) misstated, misrepresented, or withheld
material facts in the permit application.
2. Initiation of procedure.
Upon recommendation of the City Engineer or upon
its own motion, the City Council shall initiate
proceedings to revoke a mining permit by scheduling
a public hearing on the matter and directing the
City Engineer to make a report.
3. Notice.
The permittee shall be provided, by certified mail,
notice indicating the date, time and location of a
hearing on the proposed revocation.
4. Hearing.
At the hearing on the proposed revocation, the City
Council shall consider the testimony, submittals,
and information presented, and the report of the
City Engineer, and shall determine whether there
(code/chapter.7) 7-21
December 7, 1994
exists any ground for revoking the mining permit.
The Council shall require such additional reports
as it deems necessary to make its determination.
5. Decision.
Within a reasonable time, the City Council shall
determine whether to revoke the mining permit.
Notification of the decision of the Council shall
be mailed to the permittee.
Section 708. Wetlands Permits
A. Application for Permit.
1. unless otherwise exempted under this Code, any
construction, dredging, filling, or alteration in,
on or over jurisdictional wetlands shall require a
permit by the Director.
2. Permit applications shall be filed with the
Department of Community Development on forms
prescribed by the Director accompanied by a
nonrefundable fee as established by resolution of
the City Council. The Director is encouraged to
make use of forms already in use by other state or
federal environmental regulatory agencies.
B. Application Contents.
1. An application shall not be deemed complete until
all information reasonably necessary to fully
understand the extent, nature and potential impacts
of a proposed project is received by the Director.
Such information shall include, but is not limited
to:
(a) An explanation of the need and intent of the
project.
(b) A description of construction methodology.
(c) A completed application form.
(d) Aerial photographs.
(e) Boundaries of any jurisdictional wetland
lines.
(f) Identification of the type and location of
wetlands in the vicinity of, and likely to be
(code/chapter. 7)
December 7, 1994 7-22
affected by, the project.
(g) Water depths references to MLW and MHW as
appropriate.
(h) An explanation of any proposed environmental
mitigation.
(i) Other scientific and engineering data
necessary to determine whether the application
meets the criteria in this Code.
2. The Director shall provide a notice to all adjacent
property owners whose property also adjoins the
wetland.
C. Procedure for Review of wetlands Permit Application.
1. Within five (5) working days of receipt of the
application for a wetlands permit, the Director
shall determine if the application is complete.
2. If the Director determines the application for a
wetlands permit is not complete, the Director shall
inform the applicant in writing of the cited
deficiencies. No further review of the application
shall take place until the cited deficiencies are
addressed.
3. If the Director determines that the application is
complete, he shall within fifteen (15) working days
approve, approve with conditions or deny the
application for a wetlands permit.
4. Any application containing false information, or
any permit issued based upon false information, may
be denied or revoked.
5. Permits shall be issued with a duration period that
is reasonably necessary to complete the project and
any necessary mitigation, not to exceed five (5)
years for projects up to 100 acres of wetlands and
not to exceed ten (10) years for projects over 100
acres of wetlands.
6. Any site or applicant which has been found to be in
violation of this Code shall not be issued a permit
until such violation has been corrected.
7. Any substantial modification to a complete
application or to an issued permit shall be treated
(code/chapter.7)
December 7. 1994 7-23
as a new application for a permit.
D. Appeal From Permit Denial. Any final decision of the
Director may be appealed to the LDRA in accordance with
Section 330 of this Code.
Section 709. Fire Protection Permits
A. Permit Required.
1. No person shall: maintain, store or handle
materials or conduct processes which produce
conditions hazardous to life or property; or
maintain or operate a large place of assembly, or
install equipment used in connection with such
activities without first obtaining a fire
protection permit.
2. Any person desiring a fire protection permit shall
be required to submit a fire protection permit
application to the Director accompanied by a
nonrefundable application fee as established by
resolution of the City Council.
B. Application Contents.
1. Each application for a fire protection permit shall
include the following information:
(a) Name, address and telephone number of the
property owner and the applicant.
(b) Statement explaining in detail the processes
proposed to be conducted on the site.
(c) The material safety data sheets for all
hazardous materials that will be used and/or
stored on site.
(d) Three (3) sets of design and construction
details for any existing or proposed fire
suppression, control and/or protection systems
on site.
(e) Three (3) sets of floor plans of buildings or
structures in which processes involving
hazardous conditions or the storage of
hazardous materials, or large assemblies will
occur.
(f) Any other information which the Fire Chief
(code/chapter.7)
December 7, 1994 7-24
believes is necessary to properly evaluate the
permit application.
Procedure for Review of Fire Protection Permits.
Within five (5) working days after an application
for a fire protection permit has been submitted,
the Director shall review the application and
determine if it is complete.
If the Director determines that the application is
not complete, he shall send the applicant a written
statement specifying the deficiencies and shall
take no further action unless the deficiencies are
remedied. If the application is complete the
Director shall submit it to the Fire Chief.
Within ten (10) working days after an application
has been determined to be complete, the Fire Chief
shall review the application and approve, approve
with conditions or deny the application based upon
the standards established in this Code.
Issuance of Fire Protection Permits. Following approval
of an application by the Fire Chief, the Director shall
issue a fire protection permit.
Time Limits on Permits. Fire protection permits shall be
valid for a period of one (1) year from the date of
issuance.
Appeals from Permit Denial. Any final action by the Fire
Chief may be appealed to the Construction Regulation
Board in accordance with the provisions of Section 903.
Section 710. Local Permit Not Exclusive
It is the intent of this Chapter that permits or approvals
required hereunder shall be in addition to and not in lieu of
any federal, state, regional or other local approvals which
may be required for the same or similar activities. In the
event this Chapter conflicts with any other regulations on
this subject matter, the more restrictive regulations shall
apply. Compliance with provisions of this Chapter does not
excuse any person for noncompliance with other applicable
federal, state, regional for local laws.
(code/chapter.7)
December 7, 1994 7-25
CHAPTER 8
GUARANTEES AND SURETIES
Section 801. Applicability
A. The provisions of this Chapter may be applied to any
proposed development within the City subject to
compliance with the conditions specified below.
S. Nothing in this Chapter shall be construed as relieving
a developer of any requirements relating to adequate
public facilities standards of this Code.
C. This Chapter does not modify existing agreements between
a developer and the City entered into prior to the
effective date of this Code, providing such agreements
are current as to all conditions and terms thereof.
Section 802. Improvement Agreements
A. Utilization of any development may be authorized prior to
the completion of all required improvements subject to
the developer providing assurance that all required
improvements, including, but not limited to, stormwater
drainage facilities, streets and highways, potable water,
reclaimed water and wastewater lines shall be
satisfactorily constructed according to the approved plan
and an improvement agreement which shall include the
following:
1. A condition requiring that all improvements,
whether required by this Code or constructed at the
developer's option, shall be constructed in
accordance with the standards and provisions of
this Code.
2. A condition requiring that all required
improvements shall be satisfactorily constructed
within the period stipulated.
3. The projected total cost for each improvement.
Cost for construction shall be determined by either
of the following:
(a) An estimate prepared and provided by the
applicant's engineer.
(b) A copy of an executed construction contract.
4. Specification of the public improvements to be made
and dedicated together with the timetable for
(code\chapter.8)
December 7, 1994 8-1
making improvements.
A condition requiring that upon failure of the
applicant to construct the required improvements
(or to cause them to be constructed) according to
the schedule for making those improvements, the
City shall utilize the security provided in
connection with the agreement to complete the
improvements to the satisfaction of the City. In
the event that the total costs incurred by the City
exceeds the amount of security provided, such
additional costs shall be paid by the developer
upon written demand by the City.
A condition providing for the amount and type of
security necessary to ensure performance for the
construction of improvements.
A condition specifying how often the amount of the
security may be reduced during the term of the
agreement, subsequent to the completion, inspection
and acceptance of improvements by the City.
A condition specifying the procedure to be followed
for the release of the security or any portion
thereof.
The improvement agreement may be recorded in the Public
Records of volusia County.
Pursuant to Section 4.02(11) of the City Charter, the
City Manager is hereby authorized to enter into an
improvement agreement on behalf of the City when in his
opinion the best interests of the City will be served by
such an agreement. Such agreement shall be in the form
approved by resolution of the City Council and subject to
approval by the City Attorney for legal form and
correctness. In the discretion of the City Manager, any
improvement agreement may be presented to the City
Council for consideration. A developer may also request
that an improvement agreement be presented to the City
Council for consideration.
D. A request for utilization. of development prior to
completion of all required improvements shall be made to
the Director. The Director shall forward the request to
the TRC who shall advise the Director within ten ( 10 )
working days of its recommendation regarding the request.
After receiving the recommendation of the TRC, the
Director shall within ten (10) working days make a
recommendation to the City Manager. The City Manager
(code\chapter.e)
December 7, 1994 8-2
shall make a determination regarding the request within
ten (10) working days after receiving the recommendation
from the Director.
Section 803. Amount and Type of Security
A. The amount of the security listed in the improvement
agreement shall be reviewed and approved by the City
Manager, based on certified cost information provided by
the applicant.
B. Subject to approval as to legal form and sufficiency by
the City Attorney, the following types of security
arrangements may be used to secure the developer's
obligations in the improvement agreement:
1. Cashier's check
2. Certified check
3. Developer/Lender/City Escrow Agreement
4. Interest bearing certificate of deposit
5. Clear irrevocable letters of credit
6. Surety bond
C. The amount of the security shall be one hundred and
fifteen percent (115%) of the total cost for the required
developer constructed improvements. The amount of
security may be reduced commensurate with the completion
and final acceptance of required improvements, in no
case, however, shall the amount of the security be less
than one hundred and fifteen percent (115%) of the cost
of completing the remaining required improvements.
Section 804. Completion of Improvements
When improvements are completed, final inspection shall be
conducted and corrections, if any, shall be completed before
final acceptance is recommended by the City Engineer. A
recommendation for final acceptance shall be made upon receipt
of a certification of project completion, one (1) copy of all
required test results, any applicable permitting agency
release forms and record drawings.
Section 805. Release of Security Following Completion of
Required Improvements
A. Certification of work by developer's engineer.
(code\chapters)
December 7, 1994 8-3
Upon completion of construction of all required
improvements, the developer's engineer shall certify that
the improvements have been constructed in accordance with
the regulations set out in this Code. The written
certification shall be expressed in the following form or
as it may be revised by the City Engineer:
CERTIFICATION
I hereby certify that all of the required project
improvements, as identified in the attached improvement
agreement, have been completed on
(Project Name) and that I have inspected the
construction incrementally In accordanceThe,improvements
requirements of
conform to the development
Plans and the Standard
following deviations:
Specifications, with the
However, these
(enumerate deviations, if any).
deviations will not result in functional or structural
problems, other than routine maintenance based on my
evaluation and professional opinion.
Certified by:
Florida Professional Engineer No.
Date:
The engineer's signature shall be sealed with his
impression seal. A full set of the required test reports
and supporting data shall accompany the certification,
along with the as -built construction plans as required.
B. City Engineer's review of completed improvements.
When an improvement has been certified by the developer's
engineer as specified above, the City Engineer shall
review the construction, and supporting test/control data
furnished by the developer's engineer. If all is
acceptably completed, he shall confirm same in writing to
the City Manager.
C. City Manager's conditional acceptance of improvements.
1. Improvements in a Public Right -of -Way:
upon confirmation from the City Engineer
that
improvements are acceptably completed, the City
Manager shall act on "conditionally accepting" for
maintenance any improvements constructed on public
right-of-way and easements. Acceptance shall dbbe
conditioned on a one (1) year and thirty ( ) y
(code\chapter.8) 8-4
December 7, 1994
period during which time the developer shall
maintain all improvements and correct all
deficiencies that occur. If the City Manager
"conditionally accepts" improvements for
maintenance, the developer shall provide security
consistent with the provisions of this Section.
Improvements in a Privately Maintained Right -of -
Way:
Upon confirmation from the City Engineer that all
improvements* are acceptably completed, the City
Manager shall act on "conditionally accepting" the
findings of completion. Acceptance shall be
conditioned on a one (1) year and thirty (30) day
period during which time the developer shall
maintain all improvements and correct all
deficiencies that occur. The developer shall
provide security consistent with the provisions of
this Section. In the event that ownership or
controlling interest in the facility improvement is
to be transferred from the developer to any other
party(s) before the end of the year and thirty day
period, the City Manager shall not authorize the
release of any security until sufficient equal
security is provided.
section $06. Maintenance of Improvements
A. Developer's maintenance period.
1. The developer shall maintain all improvements
identified in the improvement agreement, until
final approval is received from the City Manager,
such time being for a period of at least one (1)
year and thirty (30) days from the time
construction is conditionally accepted by the City
Manager. one year from the date of "conditional
acceptance" the developer shall contact the City
Engineer for a joint inspection of the improvements
with his engineer. The developer shall correct all
deficiencies in an approved manner, except those
damages that are not a result of design or
construction deficiencies. If the required
corrective action cannot be completed by the year
and thirty day expiration date, the City may notify
the developer that the required security will not
be released until all necessary corrective actions
have been completed and approved by the City. When
all corrections have been made, the City Engineer
shall so inform the City Manager who shall agenda
(code\chapter.B) 8-5
December 7, 1994
CHAPTER 9
CONSTRUCTION AND TECHNICAL CODES
Section 901. Technical Codes Adopted
The following technical codes regulating various aspects of
construction and reconstruction of buildings and other
specialties are hereby adopted by reference as the codes of
the City of Edgewater:
A. Standard Amusement Device Code, 1985 Edition
B. Standard Building Code, 1994 Edition including Appendix
A,C,D,G,H,J,K, L and M
C. Standard Existing Building Code, 1988 Edition with 1991
through 1994 Revisions
D. Standard Fire Prevention Code, 1994 Edition
E. Standard Gas Code, 1994 Edition
F. Standard Housing Code, 1991 Edition
G. Standard Mechanical Code, 1994 Edition
H. Standard Plumbing Code, 1994 Edition
I. Standard Swimming Pool Code, 1991 Edition with 1993 and
1994 Revisions
J. Standard Unsafe Building Abatement Code, 1985 Edition
K. National Electric Code, 1993 Edition
L. NFPA Life Safety Code 101, 1992 Edition
M. One and Two Family Dwelling Code
A copy of each code shall be filed in the office of the
Building official and shall be available for public inspection
during the regular hours of business of such office.
section 902. Amendments to the National Electrical Code
The National Electrical Code, 1993 Edition, is hereby amended
as follows:
A. Electric service; Rating of Disconnect. The service
disconnecting means shall have a rating of not less than
one hundred fifty (150) amps for any single or two family
dwelling or less than one hundred (100) amps for any
dwelling unit in a multi -family building. This
requirement shall not apply to hotel or motel rooms.
B. BX Cable. BX Cable shall not be used in the City.
C. overhead Conduit; Main Connectors; Service sizes in
Residences. All service wires supplying current for
light, heat, power or advertising to any building inside
the City, in overhead connection, shall be installed in
rigid metal conduit or intermediate metal from the
service head to the approved means of main disconnect.
(code\chapter.9) 9-1
December 7, 1994
Conduit of polyvinyl chloride (P.V.C.) schedule 40 may be
utilized from the service head to the service equipment,
however two-inch rigid shall still be utilized through
the roof. For overhead connections, the exposed portion
of wire shall be in conduit from the service head to the
approved means of main disconnect. The minimum
size
eaof
the mask through roof shall be two (2) inches
ll
have a roof flange of an approved type.
D. Panels. All panels shall have one double pole spare
space and two (2) single pole spare spaces or shall not
be over eighty (80) per cent full. (Access to the panel
for utilization of these spaces shall be provided by one
inch or larger empty raceway to an accessible area.)
Triple -E- alloy conductors shall be the minimum grade
used. No panel will be permitted in bathrooms or
closets. f building from
he
meterto first pano
el or disconnect. No aluminum shalltbe
permitted under concrete.
E. Wiring for Public Garages, etc.; Miscellaneous Rules.
All buildings other than single or two family residences
shall be wired with rigid conduit or metal molding,
p.V.C. electrical metallic tubing, or other approved
wiring systems which provide a raceway for conductors.
All conduit or other approved wiring systems shall
contain an equipment grounding conductor.
F. Ceiling Fans, New Fixtures. Ceiling fans must be mounted
with the blades at least seven (7) feet from the floor to
minimize the possibility of accidental contact with the
fan blades. New fixtures on ceilings of seven foot clear
height may extend below the ceiling provided a clearance
of no less than six (6) feet, eight (8) inches is
mainthantsixed. For dining (6) feet, eight oom (8)f inches is permitted. less
G. Aluminum Cable, Inhibitors. Aluminum cable and wire
shall not be used except size Al and larger for
residential and commercial services and panel feeders.
This requirement shall not apply to manufactured housing
units certified through the State of Florida or A.U.D. or
listed and approved appliances, machinery, equipment and
assemblies. Inhibitor (or a suitable approved reduction
agent) shall be applied to 'aluminum connections of $1
aluminum wire size and larger.
signs.
1. Neon signs, electric signs or any type of
electrical decorative advertising medium may be
(code\chapter.9) 9-2
December 7, 1994
installed by a journeyman electrician or neon
serviceman under the supervision of a master
electrician. This shall not be construed to mean
that the structural supporting qualified f a sign
general
cannot be erected by
contractor.
!. A separate sign circuit shall be installed in all
store or public buildings (new or remodeled). A
disconnect, safety switch or circuit breaker shall
be located in the line to any outdoor sign at the
sign location and be weatherproofed if exposed to
the weather. A receptacle shall be installed in
the ceiling directly over the show window and on a
separate circuit.
3. Sign transformers shall not be placed in unfinished
attic spaces. Drain holes shall be provided in
metal transformer boxes. When transformer boxes
are exposed to the weather they shall be reamed or
otherwise trimmed to remove burrs on the rims that
would hold water in the enclosure. If mounted on
the roof, the transformer enclosure shall be
elevated at least two (2) inches above the roof.
Wood shall not be used to mount or elevate the
transformer enclosure. The transformer shall be
rigidly fastened to the metal enclosure.
4. All neon
signs conductor) have
withground
the ground issof common
the
( Y copper
by
system.
5. Neon signs may be inspected and approved by the
electrical inspector before the sign is erected. A
sign may be inspected after erection, provided safe
and adequate means are provided for the inspector
to inspect the sign.
Grounding of Receptacles. All receptacles shall be of
the grounded type.
J. Construction Power. Construction power shall be a
minimum of sixty (60) amps, two hundred twenty (220)
volts and shall provide one fifty (1-50) amp three -wire,
two -hundred -twenty -volt single-phase receptacle and one
fifteen (1-15) amp one -hundred -ten -volt, three -wire
receptacle. These receptacles shall have separate and
proper overload protection and be G.F.I. (Ground Fault
Interruption) type, either breaker or receptacle.
K. Certification Required; Employing Certified Persons.
(code\chapter.9) 9-3
December 7, 1994
It shall be unlawful for any person who is not a
certified and locally licensed electrician to
install or repair electrical wiring, apparatus or
equipment. It shall be unlawful for any person,
who is not a certified master or journeyman
electrician or for an owner/builder to do any
electrical construction or make any system change
of electrical wiring, apparatus, or equipment for
light, heat, power or advertising within the limits
of the City.
A master electrician shall not employ a person on
any job in the capacity of an electrician without
such person holding a certificate of competency.
However, this shall not prohibit the utilization of
helpers or apprentices working under the continuous
supervision of an electrician holding a certificate
of competency (not to exceed two (2) helpers or
apprentices to one journeyman).
Electrical alteration performed under an
owner/builder permit excludes all service changes,
swimming pools, hot tubs, spas and hydromassage
tubs; sprinkler pumps, water pumps, and sump pumps.
All code violations found upon the electrical
inspection of a commercial structure shall be
corrected by an electrical contractor. A permit
and a final inspection shall be required upon
completion.
Section 903. Interpretation and Enforcement
903.01 Generally.
A. All questions regarding interpretation and enforcement of
the technical codes adopted pursuant to Section 901 shall
first be presented to the Building official or Fire Chief
for a decision. Upon request, the Building Official or
Fire Chief shall reduce the decision to writing and
include the reasons for the decision.
B. The Construction Regulation Board (hereafter CRB) shall
have the authority to hear •and decide appeals of the
decisions or actions of the Building official or Fire
Chief as set forth below with respect to the technical
codes adopted pursuant to Section 901.
(code\chapter.9) 9-4
December 7, 1994
903.02 Decisions Subject to Appeal.
The CRB is authorized to hear appeals only from the
following decisions or actions of the Building Official
or Fire Chief based upon noncompliance with a technical
code:
A. The refusal to issue a building permit.
B. The refusalto approve a project on interim or
final inspection.
C. The refusal to issue a certificate of occupancy or
use.
D. The issuance of a stop work order.
E. A decision that a proposed project is subject to
and must conform to one or more technical codes,
and must be authorized by a building permit.
F. Revocation of a building permit or certificate of
occupancy or use.
903.03 Procedure. Any person aggrieved by a decision of the
Building Official or Fire Chief may appeal such decision
to the CRB by filing a written request with the Secretary
of the CRB within thirty (30) days after the rendition of
the decision by the Building Official or Fire chief.
Such request shall be accompanied by a nonrefundable fee
as established by resolution of the city Council.
903.04 Effect of Filing on Action or Decision. The filing of an
appeal under this section shall not affect the validity
of any decision or action of the Building Official or
Fire Chief. The decision or action shall remain in full
force and effect until modified or reversed by the CRB.
903.05 Application for Permit Condition of Appeal. No person
may appeal any decision of the Building Official or Fire
Chief unless he has applied for and received, or been
denied, a building permit fOr the project and paid the
applicable fee for such permit or application.
ratiowho . This
subsection shall not apply to any person
the grounds for appeal that a project is not subject to
the permitting requirements of any technical code.
903.06 Grounds for Appeal. A person may appeal the decision or
action of the Building Official or Fire Chief on the
(code\chapter.9) 9-5
December 7, MU
following grounds:
A. The provisions of the technical code do not apply to the
project.
B. The mode or manner of construction or improvement being
followed or to be followed conforms to the technical
code.
C. The materials being used or to be used conform to the
technical code.
D. An equally good or more desirable form of construction or
improvement, not provided for or allowed by a technical
code, can be employed without threatening the public
safety or welfare.
E. The decision or action is otherwise unlawful.
The failure to allege any grounds for reversal of the decision
or action shall be a waiver of the grounds.
903.07 Hearing
A. The appeal shall be placed on the agenda of the next
available regular meeting of the CRB for a hearing in
accordance with Article 2 of Chapter 3 of this Code.
B. The Board shall not modify or reverse any decision or
action of the Building Official or Fire Chief unless it
affirmatively finds that:
1. The provisions of the technical code do not apply
to the project.
2. The mode or manner of construction or improvement
being followed or to be followed conforms to the
technical code.
3. The materials being used or to be used conform to
the technical code.
4. An equally good or more desirable form of
construction or improvement, not provided for or
allowed by a technical code, can be employed
without threatening the public safety or welfare.
However, such decision must be based upon the
testimony of a licensed engineer or architect in
support of such a finding.
5. The decision or action is otherwise unlawful.
(code\chap[er.9)
December 7, 1994 9-6
The Board shall discuss the evidence and applicable code
requirements and vote to affirm, reverse or modify the
decision of the Building Official or Fire Chief. Not
more than ten (10) days after the hearing, the decision
of the CAB shall be reduced to writing and signed by the
Chairman. The order shall recite findings of fact and
applicable provisions of the code which are the basis for
the order. If the decision modifies any action or
decision of the Building official or Fire Chief, it shall
specify the manner in which such modification is to be
made. The Secretary shall send a copy of the order to
the appellant.
903.08 Appeal from the Board. Any person aggrieved by a decision
of the CRB may appeal such decision to the City Council
by filing a written request to the City Manager within
thirty (30) days after the rendition of the decision by
the Board. Such request shall be accompanied by a
nonrefundable fee as established by resolution of the
City Council. The request shall be placed on the agenda
of the next available regular meeting for a public
hearing in accordance with Article 2 of Chapter 3 of this
Code. Such appeal shall be a hearing de novo. The City
Council shall not modify or reverse any decision of the
Building official or Fire Chief unless it makes an
affirmative finding as set forth in Section 903.07 of
this Code.
(code\chapter.9)
December 7, 1994 9-7
CHAPTER 10
HARDSHIP RELIEF
ARTICLE 1
NONCONFORNITIES
section 3001. Purpose
The purpose of this Chapter is to regulate and limit the
continued existence of uses, lots, signs, and structures which
were lawfully established prior to January 1, 1995, (the
effective date of this.Code) but do not conform to the current
provisions of this Code. Nonconformities may continue, but
the provisions of this Chapter are intended to curtail
substantial investment in nonconformities and to bring about
their eventual elimination.
Section 1002. Nonconforming Uses
1002.01 Authority to Continue. Nonconforming uses of land or
structures may continue in accordance with the provisions
of this Section.
al
ce and
1002.02 ordinary
rrof structures ctures containing noncoair and Maintenance. nforming uses may be
performed.
1002.03 Expansions. Nonconforming uses shall not be expanded.
This prohibition shall be construed so as to prevent the
nlargemeing uses
to the
structurenthousingc the�nonconforming n of use addition or by the
occupation of additional land.
1002.04 Relocation. The structure housing a nonconforming use
may he
re structure
use
shallt be moved unless thereafterconform tto the requirements d
requirements of
llthis
Code.
1002.05 Change in Use. A nonconforming use shall not be changed
to any other use unless such use conforms to the
provisions of this Code. A change in use shall mean a
substantial change in character involving activities that
result in different external impacts. A change only in
the items offered for sale or manufactured or a change in
the business name shall not constitute a change in use.
1002.06 Termination.
use
A. Abanis discontinued or abandoned for twelve (12) months, then
the nonconforming use may not be restored.
(code\chapter.10) 10-1
December 7, 1994
Damage or Destruction - If a structure housing a
nonconforming use is damaged or destroyed to the extent
of fifty (50%) percent or more of the assessed value of
the structure, then the nonconforming use of the
structure may not be restored.
Section 1003. Nonconforming Structures
1003.01 Authority to Continue. A permitted use located in a
nonconforming structure may continue in accordance with
the provisions of this Section.
1003.02 Ordinary Repair and Maintenance. Normal maintenance and
repair of nonconforming structures may be performed.
1003.03 Expansions. Any expansion of a nonconforming structure
shall be in conformance with the provisions of this Code.
This shall not prevent expansion as. long as the
nonconformity is not increased. A nonconforming
structure may be altered or enlarged into a required
setback which already contains an encroachment as long as
the existing setback is not reduced further.
1003.04 Relocation. A nonconforming structure that is moved
shall thereafter conform to the requirements of this
Code.
1003.05 Termination Upon Damage or Destruction. Any part of a
nonconforming structure that is damaged or destroyed to
the extent of fifty (50%) percent or more of the assessed
value of said structure shall not be restored unless that
part conforms to the provisions of this Code.
Section 1004. Nonconforming Lots of Record
1004.01 Legally Nonconforming Lots of Record. Any lot created
prior to June 17, 1974, shall be considered legally
nonconforming if the lot has a width of at least forty
(40) feet and an area of at least three thousand six
hundred (3600) square feet. Any lot created between June
17, 1974, and January 1, 1995, (the effective date of
this Code) shall be considered legally conforming only if
the lot met the requirements in effect as of the date the
lot was created.
1004.02 Nonconforming Lots.
A. In any district, principal permitted structures and
customary accessory buildings may be erected on any
legally nonconforming lot of record or lot rendered
nonconforming through the exercise of eminent domain.
(code\chapter.10)
December 7, 1994 10-2
Such lot shall be in separate ownership and not be
contiguous to other lots in the same or substantially the
same ownership. This provision shall apply even though
such lot fails to meet the requirements of this Code for
area, width, depth, and frontage or any combination
thereof, provided that yard dimensions and requirements
other than those applying to area, width, depth or
frontage shall conform to the requirements of this Code.
Variance of yard dimensions and requirements other than
those applying to area, width, depth, and frontage shall
be obtained only through action of the Land Development
and Regulatory Agency. If however, the lot has no
frontage as defined in Chapter 2, then proof of recorded
legal ingress and egress acceptable to the City Attorney
must be furnished before a development order will be
issued.
If a nonconforming lot is contiguous to another lot in
the same or substantially the same ownership, such lots
shall be considered to be an undivided parcel for the
purposes of this Code.
The existence of a roadway dividing a parcel of land
shall not determine whether the parcel is considered to
be two separate lots. Each portion of the parcel must
have a separate legal identity in order for the parcel to
be considered two separate lots.
(Section 1005 - 1009 Reserved)
ARTICLE 2
VARIANCES
Section 1010. General Procedures
1010.01 Purpose. The purpose of this chapter is to provide a
mechanism for authorizing variances from the provisions
of this Code. Variances are intended to provide relief,
not contrary to the public interest, in those
circumstances where as the result of special conditions
pertaining to the parcel under consideration the literal
enforcement of this Code will result in unnecessary
hardship to the applicant.
1010.02 Initiation. A written petition for a variance shall be
initiated by the owner, the owner's designated agent or
any person having contractual interest in the property
for which relief is sought.
(code\chapter.10)
December 7, 1994 10-3
Section 1011. Variances from Dimensional Requirements
1011.01 Application Procedures. The Land Development and
Regulatory Agency (hereafter LDRA) shall have authority
to grant variances from the area, setback, frontage,
height, bulk or intensity requirements of this Code in
accordance with the standards and procedures set forth in
this Section.
A. An application for a variance shall be filed with the
Department of Community Development accompanied by a non-
refundable fee as established by resolution of the City
Council. The application shall be in such form and shall
contain such information and documentation as shall be
prescribed from time to time by the Director, but shall
contain at least the following:
1. Applicant's name, address and phone number.
2. A copy of the most recent deed recorded in the
Public Records of Volusia County for the property
under consideration.
3. A survey certified within 90 days of the filing of
the application as reflecting all improvements and
conditions on the property.
4. A description of the variance sought and the
section of this Code from which a variance is
requested.
5. The purpose for the requested variance and a
statement of the intended development of property
if the variance is granted.
6. Statements addressing each of the standards for
granting variances set forth in Section 1011.02.
B. Within five (5) working days after receipt of an
application, the Director shall determine whether the
application is complete. If the Director determines that
the application is not complete, he shall inform the
applicant in writing of the application's deficiencies.
No further action shall be taken on the application
unless the deficiencies are remedied.
Within thirty (30) working days after the Director of
Community Development determines an application is
complete, he shall review the application, make a
recommendation, and submit it to the LDRA.
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December 7, 1994 10-4
D. Upon notification that an application for a variance is
complete, the LDRA shall place the application on the
agenda of the next available regular meeting for a public
hearing in accordance with Article 2 of Chapter 3 of this
Code. In reviewing the application for variance
approval, the LDRA shall consider the standards set forth
below, the applicant's statements addressing each of the
standards and the recommendation of the Director.
E. Within a reasonable time after the hearing, the LDRA
shall issue its written decision approving, approving
with conditions, or denying the variance.
1011.02 Standards for Granting Variances. The LDRA shall not
grant a variance unless the applicant presents competent
substantial evidence to demonstrate that all of the
following criteria are met. Upon the completion of the
hearing, the LDRA shall make specific findings of fact
based directly upon the particular evidence presented
supporting written conclusions that:
A. The variance requested arises from a condition that is
unique and peculiar to the land, structures and buildings
involved and is a condition that is not ordinarily found
in the same zoning district.
B. Strict compliance with area, setback, frontage, height,
bulk, and/or intensity requirements would result in
unnecessary hardship for the applicant as distinguished
from restrictions imposed by this Code on all other
property in the same zoning district.
C. The condition is not the result of the actions of the
applicant or the property owner.
D. Granting of the variance will not create unsafe
conditions nor other detriments to the surrounding
properties or public welfare.
E. The variance granted is the minimum variance that will
make possible the reasonable use of the land or
structures.
F. The variance desired will not be opposed to the general
spirit and intent of this Code and the City of Edgewater
Comprehensive Plan.
1011.03 Limitations on Granting Variances. Variances shall not
be granted that would:
A. Permit the use of land or a structure contrary to the use
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December 7, 1994 10-5
provisions of the Zoning Ordinance.
B. No variance shall be valid for a period longer than
twelve (12) months unless a building permit is issued.
1011.04 Appeals from the Land Development and Regulatory
Agency.
A. Any person aggrieved by a decision of the LDRA may appeal
such decision to the City Council by filing a written
request with the City Manager within thirty (30) days
after the rendition of the decision by the LDRA. Such
request shall be accompanied by a nonrefundable fee as
established by resolution of the city Council.
B. The request shall be placed on the agenda of a regularly
scheduled meeting for a public hearing in accordance with
Chapter 3, Article 2 of this Code. Such appeal shall be
a hearing de novo.
C. The City Council shall not grant a variance unless the
applicant presents competent substantial evidence to
demonstrate that all of the standards set forth in
Section 1011.02 are met. During the hearing, the City
Council shall consider the decision of the LDRA, the
statements of the applicant addressing the standards and
the recommendation of the Director.
D. Within a reasonable time after the hearing, the City
Council shall issue its written decision approving,
approving with conditions, or denying the variance.
(coda\chapter.10)
December 7, 1994 10-6