2012-O-01 ORDINANCE NO. 2012 -0 -01
AN ORDINANCE OF THE CITY OF EDGEWATER,
FLORIDA, AMENDING AND RESTATING ARTICLE II
(DEFINITIONS) AND ARTICLE III (PERMITTED,
CONDITIONAL, ACCESSORY & PROHIBITED USES),
SECTION 21- 33.05, TABLE III -3 (PERMITTED,
CONDITIONAL AND ACCESSORY USES), AND BY
ENACTING SECTION 21 -39 (PAIN CLINICS) OF
CHAPTER 21 (LAND DEVELOPMENT CODE);
PROVIDING FOR CONFLICTING PROVISIONS,
SEVERABILITY AND APPLICABILITY; PROVIDING FOR
AN EFFECTIVE DATE, ADOPTION AND
CODIFICATION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. Pursuant to Article VII, Section 2 of the Florida Constitution and Chapter 166 of
the Florida Statutes, the City of Edgewater is authorized and required to protect the public health,
safety and welfare of its citizens and has the power and authority to enact regulations for valid
governmental purposes that are not inconsistent with general or special law.
2. The public health, safety and welfare is a legitimate public purpose of the City of
Edgewater.
WHEREAS, the City Council of the City of Edgewater, Florida, previously declared a
moratorium on the filing and /or receiving of any application for the establishment of pain clinics
or pain management clinics for a period of one (1) year on August 16, 2010 and extended said
moratorium for a period of one hundred eighty (180) days on August 16, 2010.
WHEREAS, the Florida Legislature has found that:
1. Prescription drug overdose has been declared a public health epidemic by the
United States Centers for Disease Control and Prevention; and
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#2012 -0 -01
2. Prescription drug abuse results in an average of seven deaths in this state each
day; and
3. Physicians in this state purchased more than 85 percent of the Oxycodone
purchased by all practitioners in the United States in 2006; and
4. Physicians in this state purchased more than 93 percent of the methadone
purchased by all practitioners in the United States in 2006; and
5. Some physicians in this state dispense medically unjustifiable amounts of
controlled substances to addicts and to people who intend to illegally sell the drugs.
WHEREAS, many other Cities and Counties throughout Florida have enacted or are
enacting regulations pertaining to pain management clinics to alleviate the damaging effects
created by illegitimate pain clinics, including but not limited to drug trafficking in prescription
drugs, illegal street level sales of prescription drugs around said clinics, clinic customers
loitering on -site and off -site while waiting in line for drug dispensation, identity theft and
organized criminal activity.
WHEREAS, the City Council finds it is in the best interest of the citizens of the City of
Edgewater to minimize and control the adverse effects of pain clinics and thereby protect the
health, safety, and welfare of the citizenry; protect the citizens from increased crime; preserve
the quality of life and preserve property values by adopting appropriate regulations regulating
thereto.
WHEREAS, it is not the intent of these regulations to interfere with legitimate medical
clinics or the legal use of controlled substances.
NOW, THEREFORE, BE IT ENACTED by the People of the City of
Edgewater, Florida:
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#2012 -0 -01
PART A. AMENDING AND RESTATING ARTICLE II
(DEFINITIONS) AND ARTICLE III (PERMITTED,
CONDITIONAL, ACCESSORY & PROHIBITED USES),
SECTION 21- 33.05, TABLE III -3 (PERMITTED,
CONDITIONAL AND ACCESSORY USES), AND BY
ENACTING SECTION 21 -39 (PAIN CLINICS) OF
CHAPTER 21 (LAND DEVELOPMENT CODE), CITY OF
EDGEWATER, FLORIDA.
Amend Chapter 21 (Land Development Code) of the City of Edgewater, Florida by
amending and restating Article II (Definitions) and Article III (Permitted, Conditional,
Accessory and Prohibited Uses), Table III -3 (Permitted, Conditional and Accessory Uses), and
by enacting Section 21 -39 (Pain Clinics) as set forth in Exhibit "A" which are attached hereto
and incorporated herein.
PART B. CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof, in conflict with this
ordinance, are hereby superseded by this ordinance to the extent of such conflict.
PART C. SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void by a court of competent jurisdiction, such holding shall not affect the
remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to
be inapplicable to any person, property, or circumstances by a court of competent jurisdiction,
such holding shall not affect its applicability to any other person, property, or circumstance.
PART D. CODIFICATION.
Provisions of this ordinance shall be incorporated in the Code of Ordinances of the City
of Edgewater, Florida, and the word "ordinance ", may be changed to "section ", "article ", or
other appropriate word, and the sections of this ordinance may be renumbered or relettered to
accomplished such intention; provided, however, that Parts B through F shall not be codified.
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PART E. EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
PART F. ADOPTION.
After Motion to approve by Councilwoman Bennington and Second by Councilman
Kennedy, the vote on the first reading of this ordinance held on February 13, 2012 was as
follows:
AYE NAY
Mayor Mike Thomas X
Councilman Michael Ignasiak X
Councilwoman Gigi Bennington X
Councilman Justin Kennedy X
District 4 VACANT
After Motion to approve by�ll f\61 j and Second byNk k ,J rna , i:nt. k r , the
vote on the second reading of this ordinance was as follows:
AYE NAY
Mayor Mike Thomas ABSENT
Councilman Michael Ignasiak �(
Vice -Mayor Gigi Bennington X
Councilman Justin Kennedy
Councilman Gene Emter X
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#2012 -0 -01
PASSED AND DULY ADOPTED this 2nd day of April, 2012.
ATTEST:
Bonnie Wenzel
City Clerk
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
Robin L. Matusick
Paralegal
For the use and reliance only by the City of Approved by the City Council of the City of
Edgewater, Florida. Approved as to form and Edgewater at a meeting held on this 2nd day of
legality by: Aaron R. Wolfe, Esquire April, 2012 under Agenda Item No. 8 Q. .
City Attorney
Doran, Sims, Wolfe & Kundid
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#2012-0-01
Exhibit "A"
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#2012 -0 -01
ARTICLE II
DEFINITIONS
SECTION 21 -20 - DEFINITIONS II -2
21 -20.01 - Intent II -2
21 -20.02 - Definitions II -2
Article II
-i-
ARTICLE II
DEFINITIONS
SECTION 21 -20 - DEFINITIONS
21 -20.01 - INTENT
Unless otherwise expressly stated the following terms shall, for the purposes of these regulations
have the meaning indicated. Words in the singular include the plural, and those in the plural
include the singular. Words used in the present tense include the future tense. The words
"person," "subdivider," "developer" and "owner" include a corporation, unincorporated
association and a partnership or other legal entity, as well as an individual. The word
"watercourse" includes channel, creek, ditch, spring and streams.
The words "should" and "may" are permissive. The words "shall" and "will" are mandatory and
directive. Words not herein defined shall have the meanings given in Webster's Unabridged
Dictionary or the applicable state statutes and /or administrative rules. The words and terms
herein shall have the meanings ascribed thereto.
21 -20.02 - Definitions
ABANDON means to discontinue an existing use of land or structure for 181 consecutive
days, other than cessation due to probate or mortgage foreclosure activities.
ABUT OR ABUTTING means to physically touch or border upon, or to share a
common property line, or be separated from such a border by an alley, easement, street or canal.
ACCESS means a dedicated, or recorded right -of -way, road, lane, alley or easement
affording perpetual ingress and egress to a subject property, to a public thoroughfare or to a
water body.
ACCESSORY BUILDING means a structure, the use of which is customarily incidental
and subordinate to that of the main building on the same lot, including but not limited to,
detached garages, or carport, barns, greenhouse, woodshed, tool shed, gazebos, docks, boat
houses and similar uses that are used to shelter and /or protect equipment, supplies, chemicals,
goods, furniture and the like for use by the principal occupant.
ACCESSORY USE means a use that is incidental, related, appropriate and clearly
subordinate to the principal use of the building, lot or parcel and is under the direct control or
ownership of any person who occupies or operates the principal use of the same building, lot or
parcel.
Rev. 5/16/11 (Land Development Code) II -2
ACTUAL START means the first placement of, permanent construction of a structure
on a site, such as the pouring of slabs or footings, installation of piles, construction of columns,
or any work beyond the stage of excavation or the placement of a manufactured home on a
foundation.
ADMINISTRATIVE OFFICIAL means the Development Services Director or
Building Official of the City of Edgewater.
ADULT DAY CARE CENTER means any building, buildings, whether operated for
profit or not, in which is provided through its ownership or management, for any part of a day,
basic services to three or more persons who are 18 years of age or older, who are unrelated to the
owner or operator by blood or marriage, and who require such services.
ADVERTISING DISPLAY AREA OR DISPLAY AREA means the advertising
display surface area (copy area) which may be encompassed within any regular geometric figure
and which forms the informational component of a sign, not including the structural support
components of a sign.
AFFILIATE means a person that directly or indirectly owns or controls, or has common
ownership or control with another person. For purposes of this paragraph, the term own means to
own an equity interest (or the equivalent thereof) of more than 10 percent.
AFFORDABLE HOUSING means residential units priced so that monthly costs do not
exceed thirty (30) percent of the household gross income.
AGRICULTURAL USE means the use of land in horticulture, floriculture, viticulture,
forestry, diary, livestock, poultry, beekeeping, pisciculture and all forms of farm products and
farm production.
AGRICULTURE means general farming activities and attendant accessory uses and
subsequent processing and industrial activities.
AIRCRAFT HANGER means an enclosed or semi - enclosed building specifically
intended for the storage of aircraft.
ALLEY means a public right -of -way primarily designated to serve as a secondary means
of access to the side or rear of abutting properties having principal lot frontage on a street.
ALTERED OR ALTERATIONS means any change in a building's structural parts;
stairways; type of construction; kind or class of occupancy; light and ventilation; means of
ingress and egress; wiring, plumbing, heating or cooling system; and other changes affecting or
regulated by building codes or the ordinances.
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ALTERATION in regards to Historic Preservation means any act that changes the
exterior features of a designated property.
ALTERED WETLAND means wetlands that have been substantially affected by
development, but which continue to provide some environmental benefit.
ALTERNATIVE SUPPORT STRUCTURE means structures, other than
telecommunication towers, including, but not limited to: buildings; water towers; light poles;
power poles; telephone poles and other public utilities structures.
AMORTIZATION OR AMORTIZING means a method of eliminating nonconforming
uses by requiring the termination of the nonconforming use after a specified period of time.
ANIMAL BOARDING means the housing of animals for compensation for more than
12 hours.
ANTENNA means any system of wires, poles, rods, reflecting discs or similar devices,
used for the transmission or reception of electromagnetic waves external to, or attached to, the
exterior of any building.
APARTMENT- see "Dwelling" for various housing types.
APPEAL means a request for a review of an administrative interpretation of any
provision of this Code, a decision made by any City official, City board or the City Council.
APPLICANT means any person who submits appropriate documentation as required by
the City relating to all aspects of this Code.
AQUACULTURE means raising aquatic animals for sale.
AQUACULTURE, LIMITED means the cultivation, production and raising of the
natural products of water including hatcheries, nurseries and maintenance of products in above
ground tanks less than 10,000 gallons of capacity.
AREA OF SHALLOW FLOODING means a designated AO or VO zone on a
community's Flood Insurance Rate Map (FIRM) with base flood depths from 1 to 3 feet where a
clearly defined channel does not exist, where the path of flooding is unpredictable and
indeterminate and where velocity flow may be evident.
AREA OF SPECIAL FLOOD HAZARD means the land in a flood plain in a
community subject to a one percent or greater chance of flooding in any given year.
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AS -BUILT SURVEY means a survey which depicts the location and dimension of all
structures, parking areas, stormwater management facilities and associated grades, road
easements or other improvements as may be required or constructed on the parcel and includes
the location and limits of the 100 -year flood plain, if any.
ASSISTED LIVING FACILITY (ALF) means a residential facility, for more than three
persons unrelated to the owner, where shelter and services are provided and may include meals,
housekeeping, and personal care assistance. Residents shall not be under in -house
nursing /medical care.
Facilities which provide for a specific number of residents are listed below.
FAMILY RESIDENTIAL HOME means a dwelling unit licensed to serve clients of the
Department of Children and Families (formerly Department of Health and Rehabilitative
Services) and other authorized agencies, which provides a living environment for six (6)
or fewer unrelated residents who operate as the functional equivalent of a family,
including such supervision and care by supportive staff as may be necessary to meet the
physical, emotional and social needs of the residents. The term "family residential
home" shall include congregate care facilities, foster homes, group care homes, and child
care facilities with six (6) or fewer residents and that otherwise meet the definitional
requirements of a family residential home.
COMMUNITY RESIDENTIAL HOME means a dwelling unit licensed to serve clients
of the Department of Children and Families (formerly Department of Health and
Rehabilitative Services) and other authorized agencies, which provides a living
environment for seven (7) to fourteen (14) unrelated residents who operate as the
functional equivalent of a family, including such supervision and care by supportive staff
as may be necessary to meet the physical, emotional and social needs of the residents.
The term "community residential home" shall include congregate care facilities, foster
homes, and group care homes with seven (7) to fourteen (14) residents and that otherwise
meet the definitional requirements of a community residential home.
INSTITUTIONAL RESIDENTIAL HOME means a dwelling unit licensed to serve
clients of the Department of Children and Families (formerly Department of Health and
Rehabilitative Services) and other authorized agencies, which provides a living
environment for more than fourteen (14) unrelated residents who operate as the
functional equivalent of a family, including such supervision and care by supportive staff
as may be necessary to meet the physical, emotional and social needs of the residents.
The term "institutional residential home" shall include congregate care facilities, foster
homes, and group care homes with more than fourteen (14) residents and that otherwise
meet the definitional requirements of institutional residential home.
AUTOMOTIVE PAINT AND BODY SHOP means an establishment for automotive
bodywork including the painting, repainting, restoring of a vehicle, parts or components
including engine removal or dismantling, straightening or welding of vehicle frames or body
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parts, or the performance of other related vehicle services.
AUTOMOTIVE REPAIR means a use or establishment performing mechanical repair
or serving work to automobiles and light trucks and does not include large trucks or other
mechanical equipment. The term does not include any of the following activities or uses:
(a) Vehicle paint and body shop.
(b) Vehicle fabrication or assembly uses.
(c) Vehicle welding services or repairs.
AUTOMOTIVE SERVICE STATION means an establishment that is used primarily
for the retail sale and direct delivery to motor vehicles of motor fuels and lubricants.
AWNING means a roof -like structure, regardless of the material used for construction,
attached to a building which shelters doors or windows from the weather.
BANNER SIGN means any sign intended to be hung either with or without frames,
possessing characters, letters, illustrations or ornamentation applied to paper, plastic or fabric of
any kind, including such signs stretched across or hung over any public right -of -way.
BASE FLOOD means the flood having a one - percent (1%) chance of being equaled or
exceeded in any given year (100 year storm event).
BASE FLOOD ELEVATION means the maximum elevation above mean sea level
expected to be reached by flood waters during a 100 -year storm event.
BASEMENT means that portion of a structure having its finished floor (below ground
level) on all sides.
BEACON LIGHT SIGN means any sign or device which includes any light with beams
capable of being revolved automatically.
BED AND BREAKFAST means a house or portion thereof where lodging rooms are
available for short-term rental and meals may be provided to the guests renting the rooms and
where the operator of the establishment lives on the premises.
BENCH SIGN means a bench or bus shelter upon which a sign is drawn, painted,
printed, or otherwise affixed thereto, as further described in Chapter 337.408, F.S.
BERM means a manmade or natural mound of earth located so as to form a mound
above the general elevation of the adjacent ground or surface.
BEST MANAGEMENT PRACTICES (BMPs) means schedules of activities,
prohibitions of practices, maintenance procedures, treatment methods and other management
practices to prevent or reduce pollutants from entering the MS4 (see definition).
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BILLBOARD SIGN means a sign that directs attention to a business, commodity,
service or entertainment conducted, sold or offered at a location other than the premises on
which the sign is located.
BLOCK means a tract of land existing within well defined and fixed boundaries, usually
being a group of lots surrounded by streets or other physical barriers.
BOAT HOUSE means an accessory structure typically but not necessarily attached to a
dock designed and used for the protection and storage of boats and boating supplies.
BOUNDARY LINE means a delineation that indicates or defines limits between
differing lot or property lines.
BOUNDARY SURVEY means a survey that depicts the physical boundaries and
dimensions of a parcel and its legal description.
BREAK POINT means the location on a communication tower of a designed feature
which, in the event of a tower failure, would result in the tower falling entirely within the
boundaries of the property on which it is located.
BREAKAWAY WALL means a wall that is not part of the structural support of the
building and is intended through its design and construction to collapse under specific lateral
loading forces without causing damage to the elevation portion of the building or the supporting
foundation system.
BUFFER means a land area of specified width and /or height which is used to separate
one use from another, or to shield or block noise, lights, or other nuisances.
BUILDABLE AREA means that portion of a lot remaining excluding the established
front, rear and side setbacks.
BUILDING means any structure designed or built for the support, enclosure, shelter or
protection of persons, animals, chattels or moveable property of any kind.
BUILDING ADDITION means any expansion to the perimeter of a building to which
the addition is connected.
BUILDING FRONTAGE means the side of a building facing the principal road, street,
highway or easement serving the building.
BUILDING HEIGHT means the vertical distance measured from the required minimum
finished floor elevation to the highest point of the roof.
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BUILDING PERMIT EXPIRATION means every permit issued shall become invalid
unless the work authorized by such permit is commenced within six months after its issuance, or
if the work authorized by such permit is suspended or abandoned for a period of six months after
the time the work is commenced. One or more extensions of time, for periods not more than 90
days each, may be allowed for the permit. The extension shall be requested in writing and
justifiable cause demonstrated. Extensions shall be in writing by the Building Official.
BUILDING SETBACK LINE means a line within a lot or other parcel of land so
designated on the final plat, between which line and the adjacent boundary of the street or street
widening setback line, where applicable, upon which the lot or parcel abuts the erection of a
building is prohibited, as prescribed by the zoning ordinance.
BULKHEAD LINE means a line established to fix the maximum distance from the
shoreline within which filling may occur.
BUSINESS TAX RECEIPT means a permit to engage in an activity that requires
regulation and all regulated activities must operate from within a permanent structure.
CALIPER means the trunk diameter of trees at a predetermined point.
CANOPY (FREESTANDING)/TEMPORARY CARPORTS means a rigid supported
structure (capable of disassembly) covered with fabric, and supported by columns or posts
embedded in the ground and /or attached at other points. Does not include the term carport.
CAPACITY means the availability of a public or private service or facility to
accommodate users, expressed in an appropriate unit of measure such as gallons per day or
average daily trips.
CARTWAY means the actual road surface areas from curb line to curb line or the hard
surface road width of the road surface when no curbs are present.
CARPORT means an accessory structure or portion of a principal structure consisting of
roofed area open on one, two, or three sides and free standing or attached to the main building by
support members for storage of one or more vehicle. Does not include the term canopy
(freestanding).
CAMOUFLAGE COMMUNICATION TOWER means a tower designed to merge
and blend into and conform in appearance with existing surroundings. An example of a
camouflage communication tower would be one that is constructed in the form and shape of a
tree in order to appear to be part a forested area or a tower constructed to appear to be a
component of a bell tower or to be or appear to be a component of church steeple in order for the
tower to be or appear to be part of these more aesthetically pleasing structures.
CANAL means an artificial, primary water conveyance facility with an open channel and
usually a wet bottom.
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CEMETERY means land used or intended to be used as a burial ground or burial place
of the human dead and dedicated for crematories, mausoleums and mortuaries if operated in
connection within the boundaries of such cemetery.
CERTIFICATE OF CONCURRENCY means a statement issued by the City and
relating to a specific development project on a specific parcel of real property or part thereof,
which is valid and states that all concurrency requirements are satisfied and that a specified
quantity of concurrency facilities is reserved for a specified period of time.
CERTIFIED LOCAL GOVERNMENT means a government meeting the requirements
of the National Historic Preservation Act Amendments of the 1980 (P.A. 96 -515) and the
implementing regulations of the U. S. Department of the Interior and the State of Florida.
CHANGEABLE COPY SIGN means a sign that is designed so that characters, letters or
illustrations can be changed or rearranged, including billboards.
CHILD CARE FACILITY means any child care center or child care arrangement
which provides child care for more than five children unrelated to the operator and which
receives a payment, fee, or grant for any of the children receiving care, wherever operated, and
whether or not operated for profit. The following are not included:
(a) Public schools and nonpublic schools and their integral programs, except as
provided in Chapter 402.3025, F.S. (2005);
(b) Summer camps having children in full -time residence;
(c) Summer day camps;
(d) Bible schools normally conducted during vacation periods; and
(e) Operators of transient establishments, as defined in Chapter 509 (F.S.), which
provide child care services solely for the guests of their establishment or resort
provided that all child care personnel of the establishment are screened according
to the level 2 screening requirements of Chapter 435.
CHRONIC NONMALIGNANT PAIN means pain unrelated to cancer or rheumatoid
arthritis, which persists beyond the usual course of the disease or injury that is the cause of the
pain, or more than ninety (90) days after surgery.
CITY means the City of Edgewater, a Florida municipal corporation.
CITY COUNCIL means the governing body of the City.
CITY ENGINEER means a professional engineer employed by the City or the
designated consultant professional engineer.
CLEAN WATER ACT (CWA) means Public Law (PL) 92 -500, as amended PL 95 -217.
PL 95 -576, PL 6 -483, and PL 97 -117, 33 U.S.C. 1251 et seq., as amended by the Water Quality
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Act of 1987, PL 100 -4.
CLEARING means the removal of trees and /or brush from a parcel, not including
mowing.
CLUB means a building or facilities owned or operated by a corporation, association,
person or persons for a social, educational, or recreational purpose, but not primarily for profit or
to render a service which is customarily carried on as a business and where the serving or sale of
alcohol is not the primary use.
COASTAL HIGH HAZARD ZONE OR AREA means the area subject to high -
velocity waters caused by, but not limited to, hurricane wave wash found in Category 1 storms.
CODE OF ORDINANCES means the laws, rules and regulations of the City of
Edgewater which shall include, but not be limited to, the Code of Ordinances and the Land
Development Code.
COMMERCIAL MOBILE SERVICES means the communications Act and the FCC's
rules, and include cellular telephone services regulated under Part 22 of the FCC's rules, SMR
services regulated under Part 90 of the FCC's rules, and PCS regulated under Part 21 of the
FCC's rules.
COMMUNICATION ANTENNA means an antenna designed to transmit or receive
communications as authorized by the Federal Communications Commission (FCC).
COMMUNICATION TOWER means a tower greater than 35 feet in height (including
the antenna component) which supports communication (transmission or receiving) equipment.
Amateur radio operators' equipment, as licensed by the FCC, shall not be deemed a
communication tower.
COMMUNITY WATER SYSTEM - means a public water system which serves at least
15 service connections used by year -round residents or regularly serves at least 25 year -round
residents.
COMPATIBILITY means a condition in which land uses or conditions can coexist in
relative proximity to each other in a stable fashion over time such that no use or condition is
negatively impacted directly or indirectly by another use or condition.
COMPREHENSIVE PLAN means an ordinance of the City which contains the official
statement of public policy for the development and/or redevelopment of the City, and which
conforms to the relevant requirements of Chapter 163, Part II, F.S. and the appropriate portions
of the Florida Administrative Code.
COMPUTERIZED SWEEPSTAKES DEVICE means any computer, machine, game
or apparatus which, upon the insertion of a coin, token, access number, magnetic card, or similar
Rev. 5/16/11 (Land Development Code) II -10
object, or upon the payment of anything of value, and which may be operated by the public
generally for use as a contest of skill, entertainment or amusement, whether or not registering a
score, and which provides the user with a chance to win anything of value that is not de minimis.
Machines designated for use by the State Lottery Commission are not Computerized
Sweepstakes Devices for purposes of this definition.
CONCEPTUAL PLAN means a preliminary presentation and attendant documentation
of a proposed development project of sufficient accuracy to be used for meaningful discussion.
CONCURRENCY means a finding that required public facilities and services necessary
to support a proposed development are available, or will be made available concurrent with the
impacts of the development. Roadways, wastewater, solid waste, drainage, potable water, open
space /parks and recreation facilities and schools have or will have the necessary capacity to meet
the adopted level of service standards at the time the impact of a new or expanded development
occurs. Transportation facilities needed to serve new development shall be in place or under
actual construction within 3 years after the local government approves a building permit or its
functional equivalent that results in traffic generation.
CONCURRENCY MANAGEMENT means the procedure and process that the City
uses to ensure that no development order or permit is issued by the City unless the necessary
concurrent public facilities are available. This means public facilities and services for which a
Level of Service (LOS) must be met concurrent with the impact of development, or an
acceptable deadline as mandated in the Comprehensive Plan pursuant to Chapter 163, Florida
Statutes, and 9J- 5.0055, Florida Administrative Codes, and shall include but may not be limited
to:
(a) potable water (d) recreation/open space (g) schools
(b) sanitary sewer (e) solid waste
(c) drainage (f) roadways
CONSTRUCTION PLANS means signed and sealed drawings by an appropriate
professional, and /or specifications indicating specific locations of site improvements and other
similar matters.
CONSTRUCTION SIGN means any sign giving the names of contractors, design
professionals and lending institutions responsible for construction occurring on the same parcel.
CONSTRUCTION TRAILER means a temporary office placed upon a parcel for the
purpose of supervising the development of said site, and can only be installed after site plan
approval and must be removed within five days of the issuance of a Certificate of Occupancy.
CONDITIONAL USE means a use within a zoning district that may be permitted,
pursuant to express standards and criteria, which are consistent with the Comprehensive Plan.
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CONTIGUOUS means lands which abut each other or are separated by streets,
easements, pipelines, power lines, conduits, or rights -of -way under ownership of the petitioner,
governmental agencies, subdivision, or public or private utility.
CONTROLLED SUBSTANCE MEDICATION means any controlled substances
identified in Schedules I, II, III or IV of Chapter 893, Florida Statutes as may be amended from
time to time.
COSTS with regard to hazardous substances means those necessary and reasonable costs
incurred by the City in connection with investigating, mitigating, minimizing, removing or
abating discharges of hazardous substances, including but not limited to: the actual labor costs of
city personnel or authorized agents, cost of equipment operation and rental, cost of expendable
items, including but not limited to, firefighting foam, chemical extinguishing agents, absorbent
material, sand, recovery drums, goggles and protective clothing (both structural and chemical
protective, disposable or standard use). Costs shall further include overhead costs and indirect
expenses allocable to the foregoing costs.
CREMATORIUM means an establishment in which a deceased body is reduced to
ashes in a furnace. This type of facility must be licensed with the Florida Department of Business
and Professional Regulation and meet the criteria of the Florida Department of Health
Department of Environmental Protection, pursuant to Florida Statutes, Chapter 470.
DECISION OR RECOMMENDATION regarding Historic Preservation means when
referring to the Recreation/Cultural Services Board, the executive action taken by the Board on
an application for a designation or a certificate of appropriateness regardless of whether that
decision or recommendation is immediately reduced to writing.
DEMOLITION means any act that destroys in whole or in part, a building or structure,
landmark or archeological site.
DENSITY means an objective measurement of the number of residential units allowed
per unit of land.
DESIGN CAPACITY means the limit of capacity of a public facility beyond which it
ceases to function efficiently.
DESIGN HIGH WATER (DHW) means the water elevation expected to occur at a
particular design storm event. Examples are:
DHW 10 10 -year storm event
DHW 25 25 -year storm event
DHW 100 100 -year storm event
DEVELOPER means any person, partnership or corporation, or duly authorized agent
who undertakes any material changes to land or other development activities under these
Rev. 5/16/11 (Land Development Code) II -12
regulations.
DEVELOPMENT means the carrying out of any building activity or mining operation,
the making of any material change in the use or appearance of any structure or land, or the
dividing of land into three (3) or more parcels and includes the following activities or uses:
(a) A reconstruction, alteration of the size or material change in the external
appearance of a structure or land:
(b) A change is the intensity of use of land, such as an increase in the number of
dwelling units in a structure, or on land, or a material increase in the number of
businesses manufacturing establishments, offices, or dwelling units in a structure
or on land;
(c) Alteration of a shore or bank of a seacoast, river, stream, lake, pond, or canal
including any "coastal construction' as defined in Section 161.021, Florida
Statutes;
(d) Commencement of drilling, except to obtain soil samples, mining, or excavation
on a parcel of land;
(e) Demolition of a structure;
(f) Clearing of land as adjunct of construction;
(g) Deposit of refuse, solid or liquid waste, or fill on a parcel of land; or
(h) The subdivision of land consistent with this regulation.
When appropriate to the context, "development" refers to the act of developing or to the result of
development.
DEVELOPMENT AGREEMENT means an agreement entered into between the City
and another party associated with the development of land, including agreements associated with
development orders issued pursuant to Section 21 -101 of this Code.
DEVELOPMENT ORDER means an order or permit granting, denying, or granting
with conditions an application for a development permit.
DEVELOPMENT SIGN means a sign designed and intended to advertise and promote
the sale of buildings or subdivided lots on the same parcel.
DIAMETER AT BREAST HEIGHT (DBH) means the diameter of a tree, measured 4-
1 /2 feet above the average ground elevation at its base. If the tree, or shrub forks 4-1/2 feet
above the ground level, it is measured below the swell resulting from the double stem. Stems
that fork below 4 -1/2 feet above the ground level should be considered a separate plant.
DIRECTORY SIGN means a sign on which the names and locations of occupants or the
use of a building is given.
DISCHARGE shall mean any intentional or unintentional action or omission resulting in
the release of liquid, solid or gaseous material and includes but is not limited to a release,
Rev. 5/16/11 (Land Development Code) 11 -13
spilling, leaking, seeping, pouring, emitting, emptying, and dumping of any substance or
material.
DOCUMENTATION means any photographs, slides, drawings, plans, electronic media,
or additional written description or narrative relating to the specific matter.
DREDGING means excavation by any means that occurs in a water body or which is, or
is proposed to be, connected to a water body via excavated water bodies or a series of excavated
water bodies.
DWELLING means any building or portion thereof designed or used exclusively for
residential living occupancy.
DWELLING TYPES
SINGLE - FAMILY means a residential building designed for, or
occupied exclusively by one family.
DUPLEX means a residential building containing two dwelling units
joined by a minimum 2 -hour rated firewall each having separate entrances and
kitchen facilities.
MULTI - FAMILY means a residential building on one parcel of land
designed for, or occupied exclusively by three or more families with separate
housekeeping and cooking facilities for each unit.
APARTMENT means a rented or leased room, or a suite of rooms,
occupied, or which is intended or designed to be occupied as the home or
residence of one individual, family, or household for housekeeping purposes with
each unit separated by a minimum one -hour rated fire wall.
TOWNHOUSE means a one family dwelling in a row of at least three
such units in which each unit has its own front and rear access to the outside, no
unit is located over another unit, and each unit is separated from any other unit by
one or more common wall with a minimum 2 -hour rated fire wall.
GARAGE APARTMENT means a two story attached accessory building
with a ground floor automobile storage and single family living quarters on the
second floor located in a multi - family designated district.
GARDEN APARTMENT means a residential building containing more
than four apartments, not exceeding three stories in height with units located side
by side and on top of each other with each unit separated by a minimum one -hour
rated fire wall.
Rev. 5/16/11 (Land Development Code) I1 -14
UNIT means a group of interrelated rooms which are intended or designed
for the use of one family, separated from other spaces by lockable doors, having
access to the outdoors without crossing another dwelling, having living and
sleeping facilities and cooking facilities, fixed or portable, and complete sanitary
facilities.
MID -RISE means a residential building containing more than four
apartments, not less than four stories with units located side by side and on top of
each other.
CLUSTER HOUSING means a development involving two or more
detached dwellings to be constructed on a parcel on which all land areas not
occupied by dwelling units shall be designated as common space.
DRY BOTTOM means any water retention, detention, or conveyance facility which
evacuates its water level below its designated bottom within seventy -two hours of its deigned
storm event, by either natural or artificial draw down means; and whose bottom is maintained a
minimum twelve inches above the SHWT.
EASEMENT means any strip of land created by a subdivider, or granted by the owner
for public utilities, drainage, sanitation or other specified and limited uses, the title to which shall
remain in the name of the property owner subject to the right of use designated in the
conveyance.
ELEVATED BUILDING means a non - basement building built to have the lowest floor
elevated above the ground level by means of fill, solid foundation perimeter walls, pilings,
columns (posts and piers).
EMF (electromagnetic field) means a wireless communication.
ENGINEER means a person practicing engineering and licensed in the State of Florida
pursuant to the requirements of Chapter 471, F.S.
ENVIRONMENTAL CONSTRAINTS means natural resources or natural
characteristics that are sensitive to improvements and require mitigative actions to be maintained
by owner.
EQUIPMENT means the implements used in an operation or activity.
EQUIVALENT RESIDENTIAL UNIT (ERU) means 250 gallons per day potable
water usage, and 237.5 (95% of water use) gallons per day of wastewater contribution to be an
equivalent residential unit.
ERECT shall mean to build, construct, attach, hang, place, suspend or affix, whether
temporary or permanent, and shall include the painting of wall signs.
Rev. 5/16/11 (Land Development Code) 11 -15
ERECTED means attached, altered, constructed, enlarged, reconstructed, or moved
whether temporary or permanent.
EXCHANGE ACCESS means the offering of access to telephone exchange services or
facilities for the purpose of the origination or termination of telephone toll services.
EXFILTRATION SYSTEM means water passing through a permeable substance such
that water is filtered as it is discharged from a water conveyance facility (e.g., exfiltration pipe).
EXISTING CONSTRUCTION means any structure for which the "start of
construction" commenced before June 17, 1974.
F.A.C. means the most current version of the Florida Administrative Code which is the
administrative rules implementing state statutes.
FAMILY means a group of individuals living under one roof. Those who dwell under
the same roof and compose a family; a social unity comprised of those living together in the
same dwelling.
FEMA means the Federal Emergency Management Agency.
FENCE means a barrier, usually comprised of wooden or metal posts, rails or wire mesh,
used as a boundary marker or means of protection or confinement.
FIREWALL means a wall as described in the Standard Building Code which is of
sufficient fire resistance, durability and stability to withstand the effects of an uncontrolled fire
exposure, which may result in collapse of the structural framework on either side. Openings in
the wall, if allowed, must be protected.
FIRM means the Flood Insurance Rate Map.
FIS means Flood Insurance Study.
FIXED BASE OPERATIONS means directly related activities to operate and support
an airport and its users.
FLASHING SIGN means a sign that contains an intermittent or sequential flashing light
source. An animated or moving sign shall not be considered a flashing sign. Such signs shall
not be deemed to include time and temperature signs.
FLOOD OR FLOODING means a general and temporary condition of partial or
complete inundation of normally dry land areas from:
(a) The overflow of inland or tidal waters.
Rev. 5/16/11 (Land Development Code) II -16
(b) The unusual and rapid accumulation or runoff of surface waters from any
source.
FLOOD HAZARD AREA means land in the flood plain within a community which is
subject to a one percent (1 %) or greater chance of flooding in any given year. Also defined as
the one hundred (100) year storm event or Base Flood.
FLOOD INSURANCE RATE MAP (FIRM) means an official map on which the
Federal Emergency Management Agency has delineated both the areas of special flood hazard
and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY means a Federal Emergency Management Agency
(FEMA) report containing flood profiles, flood boundary maps and the water surface elevation of
the base flood.
FLOODWAY means the channel of a river or other watercourse and the adjacent land
areas that must be reserved in order to discharge the base flood without cumulatively increasing
the water surface elevation more than 1 foot.
FLOOD PLAIN means boundaries of the special flood hazard area indicating a flood
having one percent (1 %) chance of occurrence in any given year as indicated on the Federal
Insurance Rate Map (FIRM) Flood Hazard Boundary Map. Flood plain can also be defined as or
include a ten (10) year, twenty -five (25) year or one hundred (100) year storm event.
FLOOR means the top surface of an enclosed area in a building, i.e., top of slab in
concrete slab construction or top of wood flooring in wood frame construction, but does not
include the floor of a garage used solely for parking vehicles.
FLOOR AREA means the sum of the gross horizontal area of the several floors of a
building, except that in structures used as a residence, cellar, basement, garage, carport, patio,
porch and attic floor area not devoted to living use shall be excluded. All dimensions shall be
measured between exterior faces of walls or the center line of the wall separating two attached
buildings.
FLOOR AREA RATIO (FAR) means the gross floor area of a building or structure
divided by the gross area of the parcel.
FOWL means any guineas, peafowl, pigeons, pheasants or poultry or similar wild birds.
FRONTAGE see "Lot Frontage."
F.S. means the most current version of the Florida Statutes.
Rev. 5/16/11 (Land Development Code) II -17
FUTURE LAND USE MAP (FLUM) means a graphic representation of the land use
categories adopted as part of the Edgewater Comprehensive Plan. The Future Land Use Map
may also be referred to as the "Land Use Map" or "Future Land Use Map Series."
GARAGE means an accessory building incidental to a dwelling unit which is intended
for the off - street storage of motor vehicles belonging to the inhabitants of the dwelling unit on
the parcel on which the garage is located; and is not intended to be used for any commercial
business purpose.
GRADE means the slope of a road, street, unimproved land, or any other land improved,
altered or changed; specified in percent.
GROUND SIGN mean a sign that is anchored to, and not elevated above, the ground and
maintains essentially the same contour from the ground to the top of the sign.
GUEST COTTAGE means living quarters within a detached accessory building located
on the same lot or parcel as the main building to be used exclusively for housing members of the
family occupying the main building and /or their nonpaying guests; such quarters shall have no
kitchen facilities and shall not be rented or otherwise used as a separate dwelling.
GUYED TOWER means a communication tower that is supported, in whole or in part,
by guy wires and ground anchors.
HAZARDOUS MATERIALS means any substance or material, solution, mixture, or a
formulation containing such materials and includes any material which due to its chemical
composition poses an unreasonable and eminent risk to the life, health, safety or welfare of
persons, property or environment. Materials deemed hazardous are as specified in the following:
(a) Chapter 38F -41 of the Florida Administrative Code
(b) Title 40 of the Code of Federal Regulations, Part 261
(c) Title 40 of the Code of Federal Regulations, Part 302.4
(d) Title 40 of the Code of Federal Regulations, Part 355
HEALTH/EXERCISE CLUB means an establishment which provides for athletic and
physical force training or health and recreational exercise whether private or public.
HIGHEST ADJACENT GRADE means the highest elevation of the ground surface,
prior to construction, next to the proposed walls of a structure.
HISTORIC DISTRICT means a geographically definable area, urban or rural,
possessing a significant concentration, linkage, or continuity of sites, buildings, structures,
objects or areas, which are united by past events. A district also may be comprised of individual
resources which are separated geographically but are linked by association or history.
HOME OCCUPATION means a commercial enterprise within a residence for the
Rev. 5/16/11 (Land Development Code) II -18
purpose of sending and receiving communication, maintaining records and similar functions; and
where no business is conducted other than by phone, mail or electronically; and employing no
persons other than members of the immediate family residing on the premises. No commercial
delivery shall be allowed.
HOSPITAL means an institution where the sick or injured are given medical or surgical
care.
HOTEL see "Motel."
ILLEGAL SIGN means a sign that does not meet the requirements of this Code and that
has not received nonconforming status.
ILLICIT CONNECTION means point source discharges to the City's MS4 or to waters
of the United States, which are not composed entirely of stormwater and are not authorized by a
permit.
ILLICIT DISCHARGE means the discharge to the City's MS4 or to waters of the
United States which is not composed entirely of stormwater, unless exempted pursuant to local,
state and /or federal permits.
ILLUMINATED SIGN shall mean any sign illuminated in any manner by an artificial
light source.
IMPERVIOUS SURFACE AREA (ISA) means the area of a lot or parcel of land
covered by any part of a building, street, parking lot, or any other structure, improvement,
facility or material, except roof overhang, which restricts natural percolation by rain water. This
includes swimming pools, all asphalt, brick or wooden surfaces and areas devoted to any outdoor
storage and /or display of materials and merchandise. Unpaved parking shall be considered
impervious surfaces.
IMPERVIOUS SURFACE RATIO (ISR) means the gross impervious surface area
divided by the gross area of the parcel.
IMPROVEMENT means any building, structure, construction, demolition, excavation,
landscaping, or any part thereof existing, built, erected, placed, made, or done on land or other
real property for its permanent benefit. Property abutting a street, waterway or utility easement
shall be considered improved.
INFILL DEVELOPMENT means the addition of new housing or other buildings on
scattered vacant sites or platted lots in a developed area or subdivision.
INFILTRATION means water passing through a permeable surface such that the water
is filtered before it is collected by a water conveyance facility (e.g., under drain pipe).
Rev. 5/16/11 (Land Development Code) 1I -19
INFORMATION SERVICES means the offering of a capability for generating,
acquiring, storing, transforming, processing, retrieving, utilizing, or making available
information via telecommunications, and includes electronic publishing, but does not include any
use of any such capability for the management, control, or operation of a telecommunications
system or the management of a telecommunications service.
INTEGRAL SIGN means memorial signs or tablets, including names of buildings and
date of erection when cut into any noncombustible materials mounted on the face of a building.
INTERNET /SWEEPSTAKES CAFE means any business, establishment or portion of
business or establishment, which conducts giveaways through drawings by chance conducted in
connection with the sale of a consumer product or service, sweepstakes, game promotions, to
include any giveaways obtained with any "Computerized Sweepstakes Device ", as defined in
this Section, and that does not otherwise violate Florida law and is located for the use or
entertainment of the public.
JUNKYARD see "Salvage Yards."
KENNEL means any place of business where dogs or cats regardless of number are kept
for sale, breeding, boarding or treatment purposes, except an animal hospital, grooming facility
or pet shop. The term "kennel" shall include any premises used for residential purposes where
five (5) or more dogs or cats four (4) months or older are kept, harbored or maintained for
monetary compensation.
LAND PLANNING AGENCY means the Planning and Zoning Board as designated
pursuant to the requirements of Chapter 163.3174, F.S.
LANDMARK in regards to Historic Preservation means a building or structure meeting
one or more of the criteria required in Article XIV of this Code. A "landmark" shall include the
location of significant archeological structures, features or of an historical event.
LANDMARK SITE in regards to Historic Preservation means the land on which a
landmark and related buildings and structures are located and the land that provides the grounds,
the premises or the settings for the landmark.
LATTICE TOWER means a telecommunication tower that is constructed without guy
wires and ground anchors.
LEVEL OF SERVICE STANDARD (LOS) means the volume of capacity per unit of
demand for certain public facilities as adopted in the Comprehensive Plan.
LITTER means any garbage, rubbish, trash, refuse, cans, bottles, boxes, container paper,
tobacco products, tires, appliances, electronic equipment, mechanical equipment or parts,
building or construction material, tools, machinery, wood, motor vehicles or motor vehicle parts,
vessels, aircraft, farm machinery or equipment, sludge from a water treatment facility, water
Rev. 5/16/11 (Land Development Code) II -20
treatment plant or pollution control facility; or substances in any form resulting from domestic,
industrial, commercial, mining, agriculture or governmental operations as defined in Chapter
403.413, F.S.
LIVING AREA means space in a structure in which the air is conditioned by heating
and /or air conditioning and the space is habitable and enclosed.
LOADING SPACE means a space within, or adjacent to, the main building on a lot
providing for the standing, loading or unloading of trucks.
LOCAL REGISTER in regards to Historic Preservation means a method by which to
identify and classify various sites, buildings and objects as historic and /or architecturally
significant.
LOCATION means any lot, premises, building, structure, wall or any place whatsoever
upon which a sign, structure or dwelling is located.
LOT means an area of land which abuts a street and which either complies with or is
exempt from the City's regulations, and is sufficient in size to meet the minimum area and width
requirements for its zoning classification as established in Article V of the Land Development
Code or in Article VII entitled "Non- Conforming Uses" or a subdivision or any other tract or
parcel of land, including the airspace above or contiguous thereto, intended as a unit for transfer
of ownership or for development or both. The word "lot" includes the word "plot ", "tract" or
"parcel ".
LOT AREA means the total horizontal area within the boundaries of a lot of record.
LOT, CORNER means either a lot bounded entirely by streets, or a lot that adjoins the
point of intersection of two or more streets and includes lots on curves.
LOT COVERAGE means that portion of the lot area expressed as a percentage,
occupied by all buildings.
LOT, FLAG means a lot or building site which has minimum required frontage on a
public or private street typically behind another lot also fronting on the same street shaped
similar to a flag.
LOT FRONTAGE means any portion of a lot which fronts upon a public or private
street. The primary front line is that frontage on which the address is given.
LOT, THROUGH (DOUBLE FRONTAGE) means any lot, not on a corner, having
both the front and rear property lines adjacent to a public street.
LOT LINE means the boundary of a lot.
Rev. 5/16/11 (Land Development Code) II -21
LOT LINE, FRONT means the continuous line formed by the lot frontage.
LOT LINE, REAR means any lot line, except a front or side lot line.
LOT LINE, SIDE means a continuous line which runs back from an intersection with
the lot front line, and which forms the boundary line between the lot and the adjacent parcel of
land.
LOT LINE, ZERO means a single- family dwelling unit sited on a lot contiguous to one
side lot line with no more than a 5 -foot separation.
LOT OF RECORD means a lot or parcel whether or not a part of a subdivision which
exists as shown or described on a plat or deed in the Official Records of Volusia County as of
June 17, 1974.
LOUNGE means a building or portion of a building wherein alcoholic beverages are
sold by the drink and consumed on the premises (includes the word Nightclub).
LOWEST FLOOR means the lowest floor of the lowest enclosed area (including
basement). An unfinished shed or flood - resistant enclosure which is not within a basement but
which is usable solely for parking of vehicles, building access or storage purpose, is not
considered a building's (or structure's) lowest floor, providing such enclosure is built in
compliance with applicable non - elevation design requirements of this Code.
MANGROVE STAND means an assemblage of mangrove trees which is mostly low
trees noted of a copious development of interlacing adventitious roots above the ground and
which contain one or more of the following species:
Black Mangrove - (Avicennia nitida)
Red Mangrove - (Rhizophora mangle)
White Mangrove - (Laguncularia racemosa)
Buttonwood - (Conocarpus erecta)
MANSARD means a sloped roof or roof -like facade architecturally comparable to a
building wall.
MANUFACTURED HOME (OR STRUCTURE) means a mobile home fabricated on
or after June 15, 1976, in an off -site manufacturing facility for installation or assembly at the
building site with each section bearing a seal certifying that it is built in compliance with the
Federal Manufactured Home Construction and Safety Standard Act.
MANUFACTURING means a premises, or portion of a premises, occupied by an
establishment primarily engaged in the making of a product, fabrication or processing of
materials, products or personal property.
Rev. 5/16/11 (Land Development Code) II -22
MARQUEE means a permanent roof -like structure projecting beyond a building wall at
an entrance to a building or extending along and projecting beyond the building's wall that is
designed and constructed to provide protection against the weather.
MEAN HIGH WATER means the average height of waters over a 19 -year period. For
shorter periods of observation, "mean high water," means the average height of the high waters
after corrections are applied to eliminate known variations and to reduce the result to the
equivalent of a mean 19 year value.
MEAN SEA LEVEL means the average height of the sea for all stages of the tide and is
used as a reference to establish flood plain elevations.
MECHANICAL REPAIR see "VEHICLE REPAIR."
MICROWAVE means a dish antenna, or a dish -like antenna used to link communication
sites together by wireless transmission of voice or data.
MINI - WAREHOUSE means a structure, or structures in a controlled access and fenced
compound that contains varying sizes of individual climate controlled compartmentalized and
controlled access stalls or lockers without water, sewer or electric connections for the dead
storage of customers' goods or wares.
MINOR SUBDIVISION means any division or re- division of a parcel of land in single
ownership whose entire area is ten (10) acres or less, into not more than three (3) lots if all of the
following requirements are met:
(a) All resultant lots or parcels front by at least twenty feet (20') on an existing public
or private street and;
(b) The division or re- division does not involve the construction of any new street,
road or change in an existing street or road and;
(c) The division or re- division does not require the extension of municipal water or
sewer or the creation of any public improvement.
MIXED USE DEVELOPMENT means more than one (1) type of use in a single parcel
or structure.
MOBILE and LAND BASED TELECOMMUNICATION FACILITY means whip
antennas, panel antennas, microwave dishes, and receive -only satellite dishes and related
equipment for wireless transmission with low wattage transmitters not to exceed 500 watts, from
a sender to one or more receivers, such as for mobile cellular telephones and mobile radio system
facilities.
MOBILE HOME means a structure, transportable in one (1) or more sections which is
eight (8) body feet or more in width, and which is built on an integral chassis and designed to be
used as a dwelling when connected to the required utilities and includes the plumbing, heating,
Rev. 5/16/11 (Land Development Code) II -23
air - conditioning, and electrical systems contained therein. For the purpose of this section, a
travel trailer is not classified as a mobile home.
MOBILE HOME PARK means a parcel or tract of land of contiguous ownership where
lots or spaces are rented or leased to accommodate more than one (1) mobile home.
MOBILE VENDOR (Mobile Dispensing Vehicle) means any vehicle mounted public
establishment that is self - propelled or otherwise moveable from place to place, and is self -
sufficient for utilities, such as gas, water, electricity, and liquid waste disposal. Proof of
inspection by the State of Florida Department of Motor Vehicles is required.
MODEL HOME CENTER means an area comprised of one (1) or more lots containing
one (1) or more model dwellings upon which active sales or demonstration activities are
conducted regardless of the ownership status of the model dwellings or lots.
MODULAR HOME see "Manufactured Home."
MONOPOLE TOWER means a telecommunication tower consisting of a single pole or
spire self supported by a permanent foundation, constructed without guy wires and ground
anchors.
MOTEL means a building, or group of buildings, which contains sleeping
accommodations for transient occupancy and may have individual entrances from outside the
building to serve each such sleeping unit. Motels may have one (1) or more dining rooms,
restaurants or cafes as accessory uses. For the purposes of this Code, motel and hotel shall have
the same meaning.
MOVABLE SIGN means any mobile sign or sign structure, not securely attached to the
ground or to any other structure, but does not include trailer signs as defined below.
MOVING SIGN means a sign all or part of which is in motion, including fluttering,
rotating, revolving or any other motion.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) means a conveyance,
storage area or system of conveyances and storage areas (including, but not limited to, roads with
drainage systems, streets, catch basins, curbs, gutters, ditches, manmade channels, storm drains,
treatment ponds, and other structural BMPs) owned or operated by a local government that
discharges to waters of the United States or to other MS4's, that is designed solely for collecting,
treating or conveying stormwater, and that is not part of a publicly owned treatment works
(POTW) as defined by 40 Code of the Federal Register 122.2 or any amendments thereto.
MUNICIPALITY means a duly incorporated municipality in the County.
NATIONAL GEODETIC VERTICAL DATUM (NGVD) means a vertical control
used as a reference for establishing varying elevations within the flood plain.
Rev. 5/16/11 (Land Development Code) I1 -24
NAVD88 means the North American Vertical Datum of 1988.
NET DENSITY means the number of dwelling units per acre of land devoted to
residential uses and excludes right -of -ways, wetlands and lands below the 100 -year flood plain.
NEW CONSTRUCTION means any structure for which the "start of construction"
commenced after adoption of this Article and includes any subsequent improvements to such
structure.
NGVD29 means the National Geodetic Vertical Datum of 1929.
NIGHTCLUB See "Lounge."
NONCONFORMING BUILDING OR STRUCTURE means a structure or building
existing as of June 17, 1974 which does not conform to the property development regulations of
area, height, lot coverage, yard setbacks, lot location or other like requirements of the district in
which it is located.
NONCONFORMING LOT means an existing single lot, tract or parcel of land at the
effective date of this Code which does not conform to the property development regulations of
area, lot width, depth or both or other like requirements of the district in which it is located.
NONCONFORMING USE means any use of land, building or structure which does not
conform to all of the provisions, requirements and regulations of this Code at the time of
adoption.
NONCONFORMING SIGN means any sign that was a legal sign prior to adoption of
this Code, but which does not conform to all of the requirements of this Code.
NONRESIDENTIAL ACTIVITY means any activity occurring on any described parcel
of land, whether or not within a structure, that is not a residential activity as defined herein.
NON - TRANSIENT NON - COMMUNITY WATER SYSTEM means a public water
system that is not a community water system and that regularly serves at least 25 of the same
persons over 6 months per year.
NUMBER PORTABILITY means the ability of users of telecommunications services
to retain, at the same location, existing telecommunications numbers without impairment of
quality, reliability, or convenience when switching from one telecommunications carrier to
another.
NUISANCE means an offensive, annoying, unpleasant, or obnoxious object, odor, noise
or practice; a cause or source of annoyance, especially a continuing or repeated invasion or
disturbance of another's right, including the actual or potential emanation of any physical
Rev. 5/16/11 (Land Development Code) 1I -25
characteristics of activity or use across a property line, which emanation can be perceived by or
affects a human being.
NURSING HOME means a licensed and regulated facility for the aged, chronically ill or
incurable persons in which three (3) or more persons not of the immediate family are received,
kept or provided with food and shelter or care for compensation; but not including hospitals,
clinics, or similar institutions devoted primarily to the diagnosis and treatment of the sick or
injured.
OFFICIAL MAP means the map established by the City Council as amended from time
to time showing the streets, highways and parks thereafter laid out, adopted and established by
the law and any additions resulting from the approval of subdivision plans or annexations.
OPEN SPACE means any parcel or area of land or water set aside, reserved or dedicated
for the use and enjoyment of all owners and occupants of the project. Usable common space
shall include area(s) readily accessible and generally acceptable for active or passive recreational
use. Open space shall not include required setback areas, contain structures, impervious
surfaces, or right -of -ways other than those intended for landscape or recreational purposes.
OUTSTANDING FLORIDA WATERS (OFW) means special designation by the
FDEP, for waters worthy of special protection because of their natural attributes, pursuant to the
criteria set forth in Section 17 -3.041 of the Florida Administrative Code. The eastern border of
the City of Edgewater along the Intracoastal Waterway also referred to as the Mosquito Lagoon,
an aquatic preserve, is considered an OFW.
OWNER means any person, partnership, corporation or corporations, or other legal
entity having legal title to the land sought to be subdivided or developed under this Code.
PAIN CLINIC (hereinafter "pain clinics" shall include, but not be limited to, pain
clinics, pain management clinics, wellness clinics, urgent care facilities or detox centers) shall
have the same meanings and same exemptions as provided for in Florida Statutes Chapter 458
and 459 as amended from time to time, or any successor state law. Pain clinic means a privately
owned pain management clinic, facility or office which advertises in any medium for any type of
pain management services or employs a physician who is primarily engaged in the treatment of
pain by prescribing or dispensing controlled substance medications, and is required to register
with the Florida Department of Health pursuant to Florida Statutes Chapter 458 and 459 as
amended from time to time, or any successor state law. A physician is primarily engaged in the
treatment of pain by prescribing or dispensing controlled substance medications when the
majority of the patients seen are prescribed or dispensed controlled substance medications for the
treatment of chronic nonmalignant pain. Pain management clinic does not include a clinic:
(a) Licensed as a facility pursuant to Chapter 395, Florida Statutes, as may be
amended from time to time;
(b) Where the majority of the physicians who provide services in the clinic primarily
provide surgical services;
Rev. 5/16/11 (Land Development Code) II -26
(c) Owned by a publicly held corporation whose shares are traded on a national
exchange or on the over - the - counter market and whose total assets at the end of
the corporation's most recent fiscal quarter exceeded fifty million dollars
($50,000,000.00);
(d) Affiliated with an accredited medical school at which trainin g is provided for
medical students, residents, or fellows;
(e) That does not prescribe or dispense controlled substances for the treatment of
pain; or
(f) Owned by a corporate entity exempt from federal taxation.
PANEL ANTENNA means an array of antennas designed to concentrate a radio signal
in a particular area.
PAWN SHOP means an establishment that engages, in whole or in part, in the business
of loaning money on the security of pledges of personal property, or deposits or conditional sales
of personal property, or the purchase or sale of personal property.
PENNANTS shall include the terms "ribbons" and "streamers" and shall mean pieces of
cloth, flexible plastic or other flexible material intended to attract attention because of their
bright colors and /or flapping caused by action of the wind and shall include a single pennant,
ribbon or streamer or a series of such pennants, ribbons or streamers.
100 PERCENT CLEAR ZONE means the requirement that in the event of a tower
failure, the entire height of the tower would fall completely within the boundaries of the subject
parcel.
PERMANENT CONSTRUCTION shall mean designed, constructed and intended to be
used for more than 180 days, but does not include land preparation, such as clearing, grading and
filling.
PERMANENT STRUCTURE means a building designed, and constructed from the
ground up, meeting all building code and fire protection standards and intended to be used for
more than 180 days, but does not include land preparation, such as clearing, grading, and filling.
PERSON means any individual, firm, association, organization, whether social, fraternal
of business, partnership, joint venture, trust company, corporation, receiver, syndicate, business
trust, or other group or combination acting as a unit, including any government.
PERSONAL SERVICES means a use primarily engaged to provide services involving
the care of a person's appearance or apparel.
PLACE OF WORSHIP means a premises, or portion of, occupied by a religious
organization operated primarily for worship and related activities; may also be called a church,
temple, synagogue or other names appropriate to the worship and related activities. The term
worship does not include day care facilities or educational facilities.
Rev. 5/16/11 (Land Development Code) II -27
PLANNED UNIT DEVELOPMENT (PUD) means a land area under unified control,
designed and planned to be developed for residential, commercial or industrial uses in an
approved Final Development Plan. Total land area must be fifteen (15) acres or more.
PLAT means a map or delineated representation of the subdivision of lands, being a
complete exact representation of the subdivision and other information in compliance with the
requirements of all applicable sections of this Code and any other local or state legislation
including Chapter 177, F.S. and may include the terms "replat ", "amended plat," or "revised
plat."
POLE SIGN means a sign attached to, and elevated above, the ground by means of a
pole or poles.
POLITICAL SIGN OR CAMPAIGN SIGN means a sign relating to any person,
political party or matter subject to a public election.
PORTABLE SIGN means a sign that is mounted on a trailer or other chassis and is
capable of being moved as an entire unit.
POTABLE WATER means water that is satisfactory for drinking, culinary and domestic
purposes meeting current State and Federal drinking water standards.
POTABLE WATER SUPPLY WELL means water supply well which has been
permitted for consumptive use by the SJRWMD.
PREMISES means a parcel of land with its appurtenances and buildings which because
of its unity of use may be regarded as the smallest conveyable unit of real estate.
PRIMARY CONTAINMENT means the first level of product -tight containment, i.e.,
the inside portion of that container which comes into immediate contact on its inner surface with
the hazardous substance being contained.
PROJECTING SIGN means any sign other than a wall sign affixed to any building or
wall whose leading edge extends beyond such building or wall.
PUBLIC BODY means any governmental agency of the City, Volusia County, the State
of Florida or the United States.
REAL ESTATE SIGN means any sign that is used to offer for sale, lease or rent the
property upon which the sign is placed.
RECHARGE AREA means a recharge area designated by the SJRWMD for the
surficial aquifer in the City of Edgewater.
Rev. 5/16/11 (Land Development Code) II -28
RECLAIMED WATER means treated wastewater effluent that has received at least
advanced secondary treatment and high -level disinfection.
RECREATIONAL VEHICLE means a vehicle designed as temporary living quarters
for recreational camping or travel use, which either has its own motor power or is mounted on, or
drawn by, another vehicle. The term recreational vehicle excludes park trailers, automotive vans
and mobile homes, but includes travel trailers, camping trailers, truck campers and motor homes
as defined by Chapter 320.01, F.S.
REPEAT VIOLATION means a violation of a provision of a code or ordinance by a
person who has been previously found through the Code Compliance Board to have violated or
who has admitted violating the same provision within five years prior to the violation,
notwithstanding the violations which occurred at different locations.
RESIDENTIAL ACTIVITY means any structure, or portion thereof, that is used for
residential purposes, including those customary and accessory residential activities.
RESTAURANT means where meals are prepared, and food, including beverages and
confections, is served to customers, with the food and nonalcoholic beverage sales amounting to
at least fifty -one percent (51 %) of the total food sales. Restaurants are hereby classified as
follows:
Type A. Restaurants with dining tables and counter stools having all service
indoors and providing no service to persons inside vehicles or at
walk -up windows.
Type B. Restaurants which have indoor service and may serve food for
consumption on or off the premises and which specialize in short
order foods and beverages, including "drive- through" and /or
"walk -up" service.
RE- SUBDIVIDE means the making of a new subdivision and/or replatting of previously
subdivided and /or platted parcels.
REUSE means the deliberate application of reclaimed water, in compliance with Florida
Department of Environmental Protection and the St. Johns River Water Management District
rules, for a beneficial purpose.
RIGHT -OF -WAY means land dedicated, deeded, used or to be used for a street, alley,
walkway, boulevard, drainage facility, access for ingress and egress, utilities or other purpose by
the public, certain designated individuals, or governing bodies.
ROADWAY /STREETS means public or private roads falling into one of several
categories, more particularly defined as follows:
Rev. 5/16/11 (Land Development Code) II -29
Expressway means a limited access facility of four (4) or more lanes designed
primarily for the high -speed movement of traffic.
Arterial means a facility of two (2) or more lanes designed primarily to serve as a
major access route to expressways and/or as a connector of subregions, inter -
county and inter -city vehicular movement. The main function is to move large
volumes of vehicles (greater than 6,000 Average Daily Trips (ADT's).
Collector means roads of two (2) or more lanes designed primarily for traffic
movement within and between residential neighborhoods, commercial and
industrial areas and all other roads.
Cul -de -sac means a minor street with only one (1) outlet terminating at one (1)
end with a circular turn around.
Local means road facilities designed primarily to provide direct access to abutting
property. Average daily trips are normally less than 1000 vehicles.
Marginal Access means roads which are parallel to, and adjacent to arterial
streets and highways and which provide access to abutting properties and
protection from through traffic.
Private means any street that has not been dedicated for public use.
Public means any street designed to serve more than one (1) property owner
which is dedicated to the public use and accepted for ownership and maintenance
by the City Council or other regulatory public body, includes any street right -of-
way dedicated to the public prior to, or at the time of, adoption of this Code.
ROOF LINE means the top edge of the roof or the top of a parapet; whichever forms the
top line of the building silhouette.
ROOF SIGN means any sign erected or constructed wholly upon and over the roof of
any building and supported solely on the roof structure.
SALVAGE YARD means a location used for collection, storage and /or abandonment of
discarded or waste materials.
SCREEN ENCLOSURE means an addition to an existing structure that is attached to
the principal structure and is enclosed with screen and has a roof and three (3) sides.
SEASONAL HIGH WATER LEVEL (SHWL) means the elevation to which ground
or surface water can be expected to rise during a normal wet season.
Rev. 5/16/11 (Land Development Code) II -30
SEASONAL HIGH GROUND WATER TABLE (SHGWT) means the zone of water
saturated soil at the highest average depth during the wettest season of the year.
SECONDARY CONTAINMENT means the level of product containment separate
from the primary containment.
SELF - SUPPORT TOWER means a communication tower that is constructed without
guy wires and ground anchors.
SEMI - TRAILER see "Vehicle - Commercial."
SERVICE STATION means an establishment that is used primarily for the retail sale
and direct delivery to motor vehicles of motor fuel and lubricants, as well as lubrication,
washing, repairs and installation of automobile parts and accessories.
SETBACK (OR SETBACK LINE) means a line determined by measurement, parallel
to a lot line, creating an area between the lot line and the setback line in which all structures
(unless otherwise permitted) may not be erected.
SHOPPING CENTER means a group of commercial establishments planned,
developed, owned and managed as a unit, with off - street parking provided on a site of at least
one (1) acre and related in its location, size and type of shops to the trade area which the unit
serves.
SHRUBS AND HEDGES means that shrubs and hedges shall be self - supporting woody
evergreen species and shall be a minimum of two (2') foot in height, immediately after planting_
Plants shall be spaced no more than three (3') feet apart measured from center to center.
SIGN means any device, structure, fixture, or placard using graphics, identifiable
corporate, or business symbols, and /or written copy for the primary purpose of identifying,
providing directions, or advertising any establishment, product, goods or service.
SILVICULTURE means the cultivation and harvesting of forest products for sale and
which has an agricultural exemption from the State.
SINGLE OR SOLE SOURCE AQUIFER means the portion of the Florida Aquifer
underlying most of Volusia County as designated pursuant to the requirements of Chapter 17-
520, F.A.C.
SITE IMPROVEMENT means any man-made alteration to a parcel of land for the
purpose of preparing the land for future construction, the actual construction/renovation of
structure or paving of a surface and /or the planting or installation of permanent landscaping.
SITE PLAN means an illustration of the details of development of areas such as
commercial, industrial, recreational, multi - family, residential and other uses not reflected on the
Rev. 5/16/11 (Land Development Code) 11 -31
plat.
SJRWMD means the St. Johns River Water Management District, a state agency
designated by Chapter 373, F.S. with broad authority to manage the waters of the State.
SNIPE SIGN means any sign of any material whatsoever that is attached in any way to a
utility pole, tree or any object located or situated on public or private property.
SPECIMEN TREE means any tree that is unique by reason of age, size, rarity, or status
as a landmark as determined by an arborist or botanist and includes the following species of trees
with the minimum specified diameter in inches at breast height:
Rev. 5/16/11 (Land Development Code) I1 -32
Common Name Botanical Name Inches (DBH)
Elm Ulmus spp. 12 plus
Hickory Carya spp. 12 plus
Loblolly Bay Gordonia lasianthus 12 plus
Magnolia Magnolia grandiflora 12 plus
Maple Acer spp. 12 plus
Other Oak Species Quercus spp. 12 plus
Red Bay Persea borbonia 12 plus
Red Cedar Juniperus silicicola 12 plus
Swamp Bay Persea palustris 12 plus
Sweet Bay Magnolia virginiana 12 plus
Sweet Gum Liquidambar styraciflua 12 plus
Sycamore Platanus occidentalis 12 plus
Turkey Oak Quercus laevis 12 plus
Cypress Taxodium spp. 12 Plus
Sugarberry /Hackberry Celtis laevigata 12 Plus
Slash Pine Pinus Elliotti 18 Plus
Longleaf Pine Pinus Palustris 18 Plus
SPILL means the release or escape of a hazardous substance, directly or indirectly to
soils, surface waters, or groundwater.
START OF CONSTRUCTION (except for construction, or substantial improvement
under the Coastal Barrier Resources Act, PL97 -348) means the date the building permit was
issued and includes the first placement of permanent construction of a structure (including a
manufactured or modular building) on a site or plot, such as the pouring of slabs or footings,
installation of piles, construction of columns or any work beyond the stage of excavation.
Permanent construction does not include land preparation, such as clearing, grading and filling.
STEALTH FACILITY means any telecommunications facility which is designed to
blend into the surrounding environment. Examples of stealth facilities include architecturally
screened roof -mount antennas, antennas integrated into architectural elements, and
telecommunications towers designed to look like light poles, power poles or trees.
STORAGE BUILDING means any structure used to shelter and /or protect equipment,
supplies, chemicals, goods, furniture and the like for use by the principal occupant of the site.
STORAGE, OUTDOOR means the safekeeping of any goods, products, equipment or
vehicles which are customarily incidental to the principal use, in an uncovered outdoor space and
which is screened from view by the general public and neighboring properties.
Rev. 5/16/11 (Land Development Code) 1I -33
STORAGE SYSTEM means any one or combination of tanks, sumps, wet floors, waste
treatment facilities, pipes, vaults, or other portable or fixed containers used, or designed to be
used, for the storage of hazardous substances at a facility.
STORY means that part of a building between the surface of a floor and the surface of
the floor next above it, or if there is no floor above it then the space between the floor and the
ceiling above it. For the purposes of this Code the minimum elevation change between a story
shall be ten (10') feet. Any less dimension shall be considered a half - story.
STRUCTURAL ALTERATIONS means any change, except for repair or replacement,
in the supporting members of a building, such as bearing walls, columns, beams or girders, floor
joists or roof joists or any substantial change in the roof or in the exterior walls of a building.
STRUCTURE means anything constructed, installed, or portable, which requires a
location on a parcel of land. It includes a moveable structure while it is located on land which
can be used for housing, business, commercial or industrial purposes whether temporary or
permanent. Structure shall include, but not be limited to walls, billboards, swimming pools and
decks, communication towers, on -site signs, tents, porches, fences, privacy screens, docks, arbor,
gazebos, canopies /temporary carports, sheds and similar structures. Structure shall not include,
pipes, pump stations and any other construction below ground level.
SUBDIVIDER means any person, firm, partnership, association, corporation, estate or
trust or any other group or combination acting as a unit, dividing or proposing to divide land so
as to constitute a subdivision as herein described.
SUBDIVISION means the platting of real property into three (3) or more lots, parcels,
tracts, tiers, blocks, sites, units or any other division of land, and includes establishment of new
streets and alleys, additions, and resubdivisions and when appropriate to the context, relates to
the process of subdividing or to the land or area subdivided. (See Chapter 177.031(18), F.S.)
SUBDIVISION PLAT, PRELIMINARY means a drawing to scale and other
supporting data, of a proposed subdivision prepared for the purposes of establishing the overall
general layout and design for the provision of streets, lots, blocks and the location, plans and
specifications for streets, utilities and other improvements.
SUBDIVISION SIGN means a sign designed as a permanent structure containing only
the name of a subdivision, and not used for promotional purposes.
SUBDIVISION SKETCH PLAN means a drawing, not necessarily to scale, which
shows a conceptual layout of the proposed subdivision.
SUBSTANTIAL DAMAGE See current Florida Building Code.
SUBSTANTIAL IMPROVEMENT See current Florida Building Code.
Rev. 5/16/11 (Land Development Code) 1I -34
SURVEYOR means a land surveyor duly registered in the State of Florida.
SWALE means a man -made trench or channel approximately 1 -foot deep or less and
having side slopes equal to or greater than 4 -foot horizontal to 1 -foot vertical.
SWIMMING POOL means a body of water in an artificial or semi - public or private
swimming setting or other water - related recreational activity intended for the use and enjoyment
by adults and/or children, whether or not any charge or fee is imposed upon such adults or
children, operated and maintained by any person, and shall include all structures, appurtenances,
equipment, appliances and other facilities appurtenant to and intended for the operation and
maintenance of a swimming pool. This definition shall include whirlpools, spas, and hot tubs
unless separately identified and shall exclude 110 -volt plug -in Jacuzzi /hot tubs.
SWIMMING POOL, COMMERCIAL means a swimming pool and attendant
equipment operated for profit or nonprofit open to the public and /or serving more than one
family.
TATTOO PARLOR/BODY- PIERCING STUDIO means an establishment whose
principal business activity, either in terms of operation or as held out to the public, is the practice
of one or more of the following:
a) The placing of designs, letters, figures, symbols or other marks upon or under the
skin of any person, using ink or other substances which result in the permanent
coloration of the skin by means of the use of needles or other instruments
designed to contact or puncture the skin.
b) The creation of an opening in the body of a person for the purpose of inserting
jewelry or other decoration. This term does not include a permanent makeup
establishment.
TELECOMMUNICATIONS means the transmission, between or among points
specified by the user, of information of the user's choosing, without change in the form or
content.
TELECOMMUNICATION CARRIER means any provider of telecommunications
services, except that such term does not include aggregators of telecommunications services. A
telecommunications carrier shall be treated as a common carrier only to the extent that it is
engaged in providing telecommunications services, except that the FCC shall determine whether
the provision of fixed and mobile satellite services shall be treated as common carriage.
TELECOMMUNICATIONS EQUIPMENT means equipment, other than customer
premises equipment, used by a carrier to provide telecommunications services, and includes
software integral to such equipment (including upgrades).
TELECOMMUNICATION SERVICES means the offering of telecommunications for
Rev. 5/16/11 (Land Development Code) II -35
a fee directly to the public, or to such classes of users as to be effectively available directly to the
public, regardless of the facilities used.
TEMPORARY SIGN means any sign or advertising display intended for use for a
period of time not to exceed twenty -four (24) days and designed and constructed in accordance
with this intention.
TRAILER means any non self - propelled wheeled vehicle licensed by the State of
Florida as a trailer, not otherwise regulated herein as "Commercial ", "Watercraft" or
"Recreational ".
TRAILER SIGN means any sign mounted on a vehicle normally licensed by the State of
Florida as a trailer.
TRAVELING LIGHTS SIGN means any sign that includes a series of lights, or
lighting device that appears to move or travel in automatic sequence on the display surface of the
sign.
TREE means any living, self - supporting perennial plant which has a trunk diameter of at
least six inches (6 ") at D.B.H.
TREE SURVEY means a drawing prepared by a licensed Surveyor or Arborist in a
readable scale for the site's size that provides the location, and common name for each tree equal
to or greater than the defined DBH per each specimen and historic tree. The survey shall include
a numbered list of the identified trees.
TRIP means a single or one -way vehicle movement.
TRIP END means the origin or destination of a trip.
TRIP GENERATION means the total number of trip ends produced by a specific land
use or activity.
UNLICENSED WIRELESS SERVICES means the offering of telecommunications
services using duly authorized devices which do not require individual licenses; direct -to -home
satellite services are excluded from this definition.
USE means the purpose for which land or a structure thereon is designed, arranged or
intended to be occupied or utilized, or for which it is occupied or maintained.
Use, Permitted - means a use which is permitted in a particular zoning
district providing it conforms with all requirements,
regulations and standards of such district.
Use, Principal - means the primary purpose for which the land or building
Rev. 5/16/11 (Land Development Code) II -36
used as permitted by the applicable zoning district.
UTILITIES means, but is not limited to: water systems, electrical power, sanitary sewer
systems, stormwater management systems, gas systems, communication systems, telephone and
television cable systems, and street lighting.
UTILITY SHED means a building either constructed on site or pre- manufactured,
containing 120 square feet or less.
UTILITY SERVICE FACILITIES means elements of utility distribution, collection or
transmission networks required by their nature to be relatively dispersed throughout the service
area. Typical facilities include, but are not limited to, electrical substations and telephone
exchange structures.
VARIANCE means a modification of the strict application of site development
requirements related to yard setbacks, building height, parking requirements, landscaping,
drainage, and /or signage.
VEHICLE means any self - propelled conveyance designed and used for the purpose of
transporting or moving persons, animals, freight, merchandise or any substance.
VEHICLE, ABANDONED means a vehicle that has no appearance of use for 60 days
or more. Indication of an abandoned vehicle may include: no maintenance, no cover or
screening, grass and weeds growing under and around vehicle and /or flat tires.
VEHICLE, COMMERCIAL means any vehicle, concession wagon, semi - trailer cab, or
trailer with a rated capacity of more than one ton, and /or has more than two (2) axels, is over
twenty -four (24) feet long, is intended or used for the transportation of people or goods as part of
a business; and /or is either commercially or privately registered. Commercial vehicle shall not
include rental vehicles designed for temporary personal use.
VEHICLE, LICENSED means any vehicle which is currently licensed by the State of
Florida
VEHICLE, MARINE means any vehicle designed for and used on any water body.
VEHICLE PAINT AND BODY SHOP See "Automotive Paint and Body Shop."
VEHICLE ACCESSORY INSTALLATION means the following:
(a) Vehicle tune -up shops.
(b) Installation, repair or services of vehicle glass, sun roofs, convertible tops,
interiors, tinting, audio equipment, alarms and similar items.
(c) Installation, repair or servicing of vehicle brakes, shock absorbers,
radiators or air conditioning devices.
Rev. 5/16/11 (Land Development Code) II -37
(d) Installation, repair or servicing of vehicle electrical or ignition systems.
(e) Washing, waxing, accenting and similar activities commonly known as
detailing.
VEHICLE REPAIR means all maintenance of and modification and repairs to motor
vehicles, and diagnostic work incident thereto, including, but not limited to, the rebuilding or
restoring of rebuilt vehicles, warranty work, and other work customarily undertaken by motor
vehicle repair shops.
VESTED RIGHTS, COMMON LAW means a right not created by statute or the
provisions of the City of Edgewater Comprehensive Plan which would authorize the
development of real property or the continued development of real property notwithstanding the
provisions of the City of Edgewater Comprehensive Plan. The assignment of a particular zoning
classification, or a particular land use designation to a parcel of real property does not guarantee
or vest any specific development rights to any person or entity as to said real property.
VESTED RIGHTS, STATUTORY See Section 21.07.
VIOLATION means non - conformance with a code or ordinance, intentionally or
unintentionally.
WALL SIGN means any sign painted on, or attached essentially parallel to, the outside
wall of any building and supported by such wall with no copy on the sides or edges.
WAREHOUSE means a structure that stores goods and /or merchandise for use off -site.
WATERS means and shall include but not be limited to rivers, lakes, streams, springs,
impoundments and all other waters or bodies of water whether surface or subsurface and whether
navigable or non - navigable. The term shall encompass all bottom lands lying below the mean
high water mark, whether said bottom lands are submerged or not.
WATERS OF THE UNITED STATES means surface and ground waters as defined by
40 Code of the Federal Register 122.2.
WATERCRAFT means any vehicle designed for use in water.
WATERWAY means a channel, creek, ditch, drainage way, dry run, spring, stream,
river and canal; but not a lake, pond or pool without a water outlet.
WELL means any excavation that is drilled, cored, bored, washed, driven, dug, jetted, or
otherwise constructed when the intended use of such excavation is for the location, acquisition,
development, or artificial recharge of groundwater.
WELLFIELD means an area of land that contains one or more potable water supply
wells.
Rev. 5/16/11 (Land Development Code) II -38
WELLHEAD PROTECTION AREA means an area designated by the City, upon the
advice of the SJRWMD, to provide land use protection for the groundwater source for a potable
water wellfield, including the surface and subsurface area surrounding the wellfield.
WELLFIELD PROTECTION ZONE - PRIMARY means the land area immediately
surrounding any potable water supply well and extending a radial distance of five hundred feet
(500') from said well(s).
WELLFIELD PROTECTION ZONE - SECONDARY means the land area, adjacent
and surrounding the primary wellfield protection zone extending and defined by a radial distance
of one thousand feet (1,000') from the well(s).
WELLFIELD PROTECTION ZONE PERMIT means that permit issued by the city
authorizing the activities.
WET BOTTOM means any water retention, detention, or conveyance facility which
cannot evacuate its water level (naturally or artificially) below its design bottom within seventy -
two 72 hours of its design storm event or those tidally influenced facilities that contain water
above their bottom more than twelve (12) hours a day.
WETLANDS means those areas that are inundated or saturated by surface water or
ground water at a frequency and a duration sufficient to support, and under normal circumstances
do support, a prevalence of vegetation typically adapted for life in saturated soils. Soils present
in wetlands generally are classified as hydric or alluvial, or possess characteristics that are
associated with reducing soil conditions. The prevalent vegetation in wetlands generally consists
of facultative or obligate hydrophytic macrophytes that are typically adapted to areas having soil
conditions described above. These species, due to morphological, physiological, or reproductive
adaptations, have the ability to grow, reproduce or persist in aquatic environments or anaerobic
soil conditions. Florida wetlands generally include, but are not limited to, swamps, marshes,
bayheads, bogs, cypress domes and strands, sloughs, wet prairies, riverine swamps and marshes,
hydric seepage slopes, tidal marshes, mangrove swamps and other similar areas. Florida
wetlands generally do not include longleaf or slash pine flatwoods with an under story dominated
by saw palmetto. The delineation of actual wetland boundaries may be made by any
professionally accepted methodology consistent with the type of wetlands being delineated but
shall be consistent with any unified statewide methodology for the delineation of the extent of
wetlands ratified by the Legislature.
WETLAND BOUNDARY means the location on the ground where:
(a) The vegetation type shifts from dominantly wetland types to dominantly
upland species; or
(b) The soil type shifts from dominantly wetland types to dominantly upland
types; or
(c) Flooding, inundation, or saturated soil indicators are no longer present.
Rev. 5/16/11 (Land Development Code) II -39
WETLAND BUFFER means the twenty -five feet (25') upland areas adjacent to
wetlands that protect the wetlands and consists of the existing canopy, under story, and
groundcover.
WETLAND MITIGATION means any action to restore and /or create wetlands in
compensation for permitted development activities.
WHIP ANTENNA means a cylindrical antenna that transmits signals in three hundred
and sixty (360) degrees.
WINDOW SIGN means any sign on a window facing the outside and which is intended
to be seen from the exterior.
WRECKER/TOW TRUCK means a motor vehicle equipped with hoisting apparatus or
other equipment designed for the towing or servicing of wrecked, disabled or inoperable
automobiles, trucks, motor vehicles or industrial equipment.
XERISCAPE means a landscaping method that maximizes the conservation of water by
the use of site - appropriate plants and an efficient watering system. The principles of xeriscape
include planning and design, appropriate choice of plants, soil analysis, the use of solid waste
compost, efficient irrigation, practical use of turf, appropriate use of mulches, and proper
maintenance.
YARD means a required open space clear from the ground surface upward, unoccupied
and unobstructed by any structure except for fences, walls, trees, and other living landscape
material as provided herein.
Rev. 5/16/11 (Land Development Code) I1 -40
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TABLE III -3 FOOTNOTES
The sections cited below identify special requirements for the listed land uses and are found on
the following pages. In addition, many of the proposed projects must also comply with the
requirements of Article IV — Natural Resource Protection, Article V — Site Design Criteria,
Article VI — Signs and Article XVIII - Indian River Boulevard — S.R. 442 Corridor Design
Regulations.
1. See Satellite Dishes, Section 21 -36.04 — Dishes greater than 39 centimeters in
diameter are required to obtain a building permit and otherwise conform to the site
development criteria.
2. See Telecommunications, Article XII for details.
3. See Bed & Breakfast, Section 21 -34.08 for details.
4. See Kennels /Boarding, Section 21 -34.06 for details.
5. See Mini - Warehouses, Section 21 -34.07 for details.
6. See Nursing Homes, Section 21 -34.09 for details.
7. See Outdoor Storage, Section 21 -34.04 and 21 -36.03 for details.
8. See Community Residential Homes, Section 21 -34.02 for details.
9. Limited to 6 or less, residents and no closer than 1000 feet to another Family
Residential Home.
10. See Institutional Residential Homes, Section 21 -34.03 for details.
11. Multifamily residential is permitted in BPUD only as part of a single
business /residential development plan — See Article V, Section 21 -57 for details.
12. See Salvage Yards, Section 21 -34.04 for details.
13. Residential Professional offices may be permitted as a conditional use in the R -2
district for certain properties abutting State Road #442. See Section 21 -34.10 for
details.
Rev 05/16/11 (LandDevelopmentCode)
*12/10 III -10
14. No artificial lights or recreational activity within 25 feet of the perimeter of the
property line shall be permitted adjacent to residential property.
15. Places of Worship — Schools /Child Care, see Section 21 -36.05 for details.
16. Attached and detached aircraft hangars permitted in residential districts adjacent to
airport taxiways.
17. Outside application of flammable finishes and /or environmentally sensitive finishes
(spray painting) is strictly prohibited.
18. State license required.
19. Mining /Excavation is defined as the exploration for or extraction of surface or
subterranean compounds; which shall include oil and gas exploration and production,
and the mining of metallic and non - metallic minerals, sand, gravel, fill dirt, and rock.
20. Adult Entertainment is permitted in the I -1 (Light Industrial) zoning district with the
exception of properties with frontage on Park Avenue.
21. Internet /Sweepstakes Cafes, Pawn Shops and Tattoo Parlors /Body Piercing Studios
are permitted in the I -1 (Light Industrial) zoning district with the exception of
properties with frontage on Park Avenue. This section shall not apply to any existing
Internet /Sweepstakes Cafe locations, in operation and in compliance with chapter 205
and 849 Florida Statute, and Pawn Shops and Tattoo Parlors /Body Piercing Studios in
compliance with Florida Statute at the time of the passage of this ordinance, or has
submitted an application to the City for relocation prior to the passage of this
ordinance and said application is subsequently approved by the City. Such use may be
continued within the present zoning category as a nonconforming use subject to all
restrictions, limitations and requirements set forth in Article VII, Land Development
Code, and all other applicable provisions of the Code of Ordinances. However, any
change in ownership will remove said business or operation from this exception.
Change in ownership in the case of a partnership or corporation, for the purpose of
this section only, means more than fifty percent change in partners or shareholders
from the partners or shareholders owning the partnership or corporation as of the date
of passage of this ordinance. For purposes of any Internet/Sweepstakes Cafe deemed
a non - conforming use as described above, the provisions of Article VII, Land
Development Code pertaining to expansion and relocation shall be modified to allow
the non - conforming use to continue if expanded or relocated on a one -time basis
within the present zoning category if 1) the Internet /Sweepstakes Cafe deemed a
nonconforming use dedicated less than 25% of its square footage to
internet /sweepstakes activity in the original location prior to the expansion or
relocation, and 2) the Internet /Sweepstakes Cafe dedicates less than 25% of its square
footage to internet/sweepstakes activity after the expansion or relocation.
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a. No person or entity shall propose, cause or permit the operation of, or
enlargement of Internet/Sweepstakes Cafes, Pawn Shops and Tattoo
Parlors /Body Piercing Studios that would or will be located within, 1,000 feet
of a preexisting Internet/Sweepstakes Cafes, Pawn Shops and Tattoo
Parlors /Body Piercing Studios, within 500 feet of a preexisting commercial
establishment that in any manner sells or dispenses alcohol for on- premises
consumption, within 500 feet of a preexisting religious institution, within 500
feet of a preexisting park, or within 2,500 feet of a preexisting educational
institution. In this subsection the term "enlargement" includes, but is not
limited to, increasing the floor size of the establishment by more than ten
percent.
b. In addition to the distance requirements set forth in the subsection above,
Internet /Sweepstakes Cafes, Pawn Shops and Tattoo Parlors /Body Piercing
Studios shall not be allowed to open anywhere except in the I -1 district (with
the exception of parcels having frontage on Park Avenue) where
Internet /Sweepstakes Cafes, Pawn Shops and Tattoo Parlors /Body Piercing
Studios are an expressly permitted use.
c. The aforementioned distance requirements are independent of and do not
supersede the distance requirements for alcoholic beverage establishments
which may be contained in other laws, rules, ordinances or regulations.
22. See Pain Clinics, Section 21 -39 for details.
SECTION 21 -34 — SPECIAL USE REQUIREMENTS
The following uses are subject to the special restrictions described below in addition to the
applicable natural resource standards described in Article IV and the project design standards
described in Article V.
21 -34.01 — Home Occupations
The purpose of this Section is to provide criteria under which a home occupation may operate in
the City's residential districts. The Home Business Tax Receipt is designed to allow for office
type uses within a residence. No home business tax receipt shall be issued unless the City
determines the proposed home occupation (business) is compatible with the criteria shown
below:
a. The use must be conducted by a member, or members, of the immediate family residing on
the premises and be conducted entirely within the living area of the dwelling unit, not to
exceed twenty percent (20 %) of the dwelling unit space (excluding garage /carport) for the
home occupation.
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SECTION 21 -39 — PAIN CLINICS
21- 39.01— Purpose
The purpose of this Section is to set forth the standards necessary for the regulation of pain
clinics.
21 -39.02 — General Requirements
a. Pain Clinics shall not have employees, full -time, part-time, contract, independent or
volunteers who have been convicted of or who have pled guilty or nolo contendere at any
time to an offense constituting a felony in this state or in any other state involving the
prescribing, dispensing, supplying, selling or possession of any controlled substance within a
five (5) year period prior to the date of the application for a Certificate of Use and that the
Pain Clinics shall not employ any such persons thereafter.
b. The Pain clinic shall be operated by a medical director who is a licensed physician in the
State.
c. The Pain Clinic shall not limit the form of payment for services or prescriptions to cash only.
d. Pain Clinics are prohibited from having any outdoor seating areas, queues or customer
waiting areas or permitting patients to wait on the Pain Clinic property outside the Pain
Clinic building. There shall be no loitering outside of the Pain Clinic building, including any
parking area, sidewalk, right -of -ways or adjacent properties. No loitering signs shall be
posted in conspicuous areas on all sides of the building. All activities of a Pain Clinic,
including sale, display, preparation and storage shall be conducted entirely within a
completely enclosed building.
e. The Pain Clinic shall not be operated by or have any contractual or employment relationship
with a physician:
1. Whose drug enforcement administration number has ever been revoked.
2. Whose application for a license to prescribe, dispense or administer a controlled
substance has been denied or revoked by any jurisdiction.
f. The owner or physician shall not have been convicted of violating a pain management
ordinance in a different city, county or state.
g. Pain Clinics are prohibited from having an on -site pharmacy for Controlled Substance
Medication.
h. There shall be no on -site sale or consumption of alcoholic beverages on the property
containing a Pain Clinic.
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i. No Pain Clinic shall be located within five hundred (500) feet within an established private
or public school, church or daycare facility.
j. No Pain Clinic shall be located within one thousand (1,000) feet of another Pain Clinic.
k. Within thirty (30) days of the removal of a Pain Clinic from a building, site or parcel of land
for any reason, the property owner shall be responsible for removing all signs. symbols or
vehicles identifying the premises as a Pain Clinic. In the event of noncompliance with this
provision the City may remove such signs at the expense of the property owner.
1. Pain Clinics shall remain in compliance with all federal, state, county and municipal laws and
ordinances as may be amended from time to time
m. Pain Clinics may operate Monday through Friday during the hours of 9:00 a.m. and 5:00 p.m.
only.
n. Pain Clinics shall have a waiting room of at least three hundred (300) gross square feet in
area and each examination room shall consist of at least one hundred (100) gross square feet
in area.
o. Pain Clinics shall provide one (1) parking space per ten (10) gross square feet of waiting
room area, two (2) parking spaces per one (1) examination room and one (1) parking space
per two hundred fifty (250) gross square feet of the remaining building area.
p. All Pain Clinics shall allow representatives of the City to enter and inspect their places of
business during business hours or at any time the business is occupied for the purpose of an
initial inspection to verify compliance with the requirements of the City Land Development
Code, Code of Ordinances, Florida Building Code and Florida Fire Prevention Code prior to
Certificate of Use approval and thereafter on an annual basis in conjunction with the
Certificate of Use renewal.
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*12/10 1I1 -34