2012-O-08 ORDINANCE NO. 2012-0-08
AN ORDINANCE OF THE CITY OF EDGEWATER,
FLORIDA, AMENDING AND RESTATING ARTICLE III
(PERMITTED, CONDITIONAL, ACCESSORY &
PROHIBITED USES), SECTION 21-31 (COMPREHENSIVE
PLAN RELATIONSHIP) TABLE III-1 (LAND USE AND
ZONING COMPATIBILITY), SECTION 21-32.01 TABLE
III-2 (ZONING DISTRICT DESCRIPTIONS), SECTION 21-
33.05 TABLE III-3 (PERMITTED, CONDITIONAL AND
ACCESSORY USES), SECTION 21-34.01 (HOME
OCCUPATIONS), SECTION 21-34.02 (COMMUNITY
RESIDENTIAL HOMES), SECTION 21-34.03
(INSTITUTIONAL RESIDENTIAL HOMES), SECTION 21-
34.04 (SALVAGE YARDS), SECTION 21-34.05 (REFUSE
AND DUMPSTERS), SECTION 21-34.07 (MINI-
WAREHOUSES), SECTION 21-36.03 (OUTDOOR
STORAGE AND DISPLAY: COMMERCIAL/INDUSTRIAL),
SECTION 21-37.02 (DEFINITIONS), AND SECTION 21-
37.07 (INSPECTIONS TO ENSURE COMPLIANCE) OF
CHAPTER 21 (LAND DEVELOPMENT CODE);
PROVIDING FOR CONFLICTING PROVISIONS,
SEVERABILITY AND APPLICABILITY; PROVIDING FOR
AN EFFECTIVE DATE, ADOPTION AND CODIFICATION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. On July 10, 2000, City Council adopted Ordinance #2000-0-12 which enacted
Chapter 21 (Land Development Code) of the City of Edgewater Code of Ordinances.
2. On August 20, 2012, Council adopted Ordinance #2012-0-07 which amended and
restated Chapter 21 (Land Development Code), Article III (Permitted, Conditional, Accessory
and Prohibited Uses).
3. Adoption of this Ordinance will modify Article III (Permitted, Conditional,
Accessory and Prohibited Uses) of Chapter 21 (Land Development Code).
NOW, THEREFORE, BE IT ENACTED by the People of the City of
Edgewater, Florida:
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#2012-0-08
PART A. AN ORDINANCE OF THE CITY OF EDGEWATER,
FLORIDA, AMENDING AND RESTATING ARTICLE III
(PERMITTED, CONDITIONAL, ACCESSORY &
PROHIBITED USES), SECTION 21-31 (COMPREHENSIVE
PLAN RELATIONSHIP) TABLE III-1 (LAND USE AND
ZONING COMPATIBILITY), SECTION 21-32.01 TABLE
III-2 (ZONING DISTRICT DESCRIPTIONS), SECTION 21-
33.05 TABLE III-3 (PERMITTED, CONDITIONAL AND
ACCESSORY USES), SECTION 21-34.01 (HOME
OCCUPATIONS), SECTION 21-34.02 (COMMUNITY
RESIDENTIAL HOMES), SECTION 21-34.03
(INSTITUTIONAL RESIDENTIAL HOMES), SECTION 21-
34.04 (SALVAGE YARDS), SECTION 21-34.05 (REFUSE
AND DUMPSTERS), SECTION 21-34.07 (MINI-
WAREHOUSES), SECTION 21-36.03 (OUTDOOR
STORAGE AND DISPLAY: COMMERCIAL/INDUSTRIAL),
SECTION 21-37.02 (DEFINITIONS) AND SECTION 21-37.07
(INSPECTIONS TO ENSURE COMPLIANCE) 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 III (Permitted, Conditional, Accessory and Prohibited Uses),
Section 21-31 (Comprehensive Plan Relationship) Table III-1 (Land Use and Zoning
Compatibility), Section 21-32.01 Table III-2 (Zoning District Descriptions), Section 21-33.05
Table III-3 (Permitted, Conditional and Accessory Uses), Section 21-34.01 (Home Occupations),
Section 21-34.02 (Community Residential Homes), Section 21-34.03 (Institutional Residential
Homes), Section 21-34.04 (Salvage Yards), Section 21-34.05 (Refuse and Dumpsters). Section
21-34.07 (Mini-Warehouses), Section 21-36.03 (Outdoor Storage and Display:
Commercial/Industrial), Section 21-37.02 (Definitions) and Section 21-37.07 (Inspections to
Insure Compliance) of Chapter 21 (Land Development Code) as set forth in Exhibit "A" which
are attached hereto and incorporated herein.
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#2012-0-08
PART B. CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof, in conflict with this
ordinance, are hereby superseded by this ordinance to the extent of such conflict.
PART C. SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void by a court of competent jurisdiction, such holding shall not affect the
remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to
be inapplicable to any person, property, or circumstances by a court of competent jurisdiction,
such holding shall not affect its applicability to any other person, property, or circumstance.
PART D. CODIFICATION.
Provisions of this ordinance shall be incorporated in the Code of Ordinances of the City
of Edgewater, Florida, and the word "ordinance", may be changed to "section", "article", or
other appropriate word, and the sections of this ordinance may be renumbered or relettered to
accomplished such intention; provided, however, that Parts B through F shall not be codified.
PART E. EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
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#2012-0-08
PART F. ADOPTION.
After Motion to approve by Councilman Ignasiak and Second by Councilwoman
Bennington the vote on the first reading of this ordinance held on September 10, 2012 was as
follows:
AYE NAY
Mayor Mike Thomas X
Councilman Michael Ignasiak X
Councilwoman Gigi Bennington X
Councilman Justin Kennedy X
Councilman Gene Emter X
After Motion to approve by Nxine.imwj�naoiax and Second by ealjr,j41 r„i,,, ,-,r„5; he
vote on the second reading of this ordinance was as follows:
AYE NAY
Mayor Mike Thomas X
Councilman Michael Ignasiak X
Councilwoman Gigi Bennington X
Councilman Justin Kennedy
Councilman Gene Emter X
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#2012-0-08
U
U
PASSED AND DULY ADOPTED this day of,�kae a .l A , 2012.
ATTEST:
�XYYv.�o 1ZOM D
Bonnie Wenzel
City Clerk
CITY COUNCIL OF THE
'YIYOFFDG;EWA FLO','
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 forth and Edgewater at a meeting held on thisdW0'day of
legality by: Aaron R. Wolfe, Esquire 2012 under Agenda Item No.
City Attorney �.
Doran,Sims Wolfe & Kundid
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#2012-0-08
Exhibit "A"
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#2012-0-08
Exhibit "A"
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#2012-0-08
TABLE III-1
LAND USE AND ZONING COMPATIBILITY
Future Land Use Designation Compatible Zoning Districts
Low Density Transition RT
1.0 DU/net acre
Low Density Residential R-1, R-2, R-3, RPUD, RP, RT
1.0 to 4.0 DU/net acre
Medium Density Residential R-3,R-4,RPUD, MIT-i, MH-2
4.1 to 8.0 DU/net acre
ligh tensity Residential R.-5, RPUD
8.1 to 12.0 DU/net acre
Commercial B-2, B-3,B-4, BPUD
Industrial I-1, 1-2, IPUD
Recreation CN,RT,AG, R-1,R-2,R-3, R-4,R-5,
RPUD,RP,MH-1,MH-2, B-2, B-3, B-4,
BPUD, I-1, 1-2,IPUD, P/SP, R,EC, CC
Public/Semi-Public CN,AG,P/SP, R
Conservation CN,P/SP,R
Agriculture AG,R
Minimum 1 DU/2.5 net acre
Mixed Use RPUD,BPUD, IPUD„\It 1 it). EC, CC
Minimum 15 acres;to 12 DU/net acre
I um inunitl De\elonment S( I) Pt .1)
I
'I) itl-).-1_1,111,211t ()I thc (. ot
I PHI
DU=Dwelling Units
SECTION 21-32 —ZONING DISTRICT DESCRIPTIONS
21-32.01—Zoning District Descriptions
Table 111-2 summarizes the principal purpose for each zoning category. The minimum parcel
sizes are provided where applicable..
(See Page 111-5)
Rev 04/02/12(Land Development Code)
111-4
TABLE III-2
ZONING DISTRICT DESCRIPTIONS
Zoning District Title Category Purpose and General Description
Conservation CN Protection of wetlands,aquifer recharge&environmentally sensitive areas.
Rural Transitional RT Provide for limited agriculture and provide for a transition between rural and
residential land uses—min. I acre lot,
SF Residential R I Single family residential—(1.0 to 4.0 units/net acre)min, 12,000 sq.ft,lot.
SF Residential 2-2 Single family residential—(1.0 to 4.0 units/net acre)min. 10,000 sq.ft lot
SF Residential R-3 Single family residential—(1.0 to 4.0 units/net acre)min.8,625 lot.
MF Residential R-3,R-4 Medium density residential(4.1 to 8.0 units/net acre)—single family,duplex,
apartments,and townhouses.
MF Residential R-5 High density residential(8.1 to 12.0 units/net acre)—single family,duplex,
apartments,and townhouses.
Recreation R This zoning category includes parks and recreation facilities owned by the City,
as well as recreation facilities located at area schools that are under lease to the
City. This category includes land committed to both active and passive
recreational uses.
Residential Planned Unit RPUD Intended for mixed residential,personal service and limited retail commercial
Development with a single development See Article V,Section
21-58 for details.
! Residential Professional Office RP Intended for office professional along SR#442 and a rezoning must be
accompanied by a site plan.
Mobile Home Park M1-4-1 Medium density residential(5.1 to 8.0 units/acre),Provide for mobile home parks
—min.5 acre parcel(See Sec.21-71 for Non-Conforming Parks),
Manufactured Home Subdivision IY1H-2 Medium density residential(5.1 to 8.0 units/acre), Provide for manufactured
home subdivisions—min.50 acre parcel.
Neighborhood Business B-2 Intended for retail goods and services for frequent residential needs—min. 10,000
sq,ft.
Public/Semi-Public P/SP Consists of public facilities and private not-for-profit uses such as churches,
schools,and cemeteries. All other public lands and facilities,including but not
limited to,government offices,post offices,hospitals,utility sub-stations,water
and wastewater treatment plants,fire stations,and libraries are also included in
this category.
Highway Business B-3 Intended for high volume highway related commercial uses—no min parcel size.
Tourist Commercial B-4 Intended for short term waterfront accommodations for visitors and accessory
uses,may include residential mixed use—min.2 acres,
Business Planned Unit BPUD intended for mixed commercial and limited multifamily residential with a single
Development development plan_i s„ ;,,,_ Details in
Article V,Section 21-58.
Light Industrial I-1 Intended for storage,light manufacturing,wholesaling and distribution uses and
adult entertainment—no min.parcel size.
Heavy Industrial 1 4 Intended for heavy manufacturing uses--no Min,parcel,
Industrial Planned Unit IPUD — Intended for mixed industrial and limited commercial with a single development
Development plan >.r , I -. Details in Article V,Section 21-58.
Agriculture
g AG Intended for general agriculture uses—min.2.5-acre parcel.—temporary or hold
zoning intended for future urban development,
Employment Center/Community EC/CC Intended to allow a mix of uses to satisfy varying degrees of intensity and
Center balance the residential and non-residential needs of the City.
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b. No manufacturing, repairing, storing, or other uses that are restricted to commercial and
industrial districts are allowed.
c. No chemicals/equipment, supplies or material, except that which is normally used for
household domestic purposes,shall be used or stored on site.
d. Noise, dust, odors or vibrations emanating from the premises shall not exceed that which is
normally emanated by a single dwelling unit. Activities that cause a nuisance shall not be
permitted in residential areas.
e. No electrical, electro-magnetic or mechanical equipment that causes any interference or
excessive noise to adjacent dwelling units shall be installed or operated.
P. No products, services, or signage may be displayed in a manner that is visible from the
exterior of the dwelling unit,except signage required by state law.
I g. Except as provided in iv 01 I ,12,_-\\,tttr Code nC c> di!r.lnccs, no
commercial vehicles or equipment shall be permitted in the driveway, or adjacent public
right-of-way, including commercial vehicles used for mobile vending and no delivery of
commercial products for the use of the business tax receipt shall be allowed. Normal/routine
UPS,FedEx,or over-night mail shall not be considered commercial deliveries.
h. The use of typewriters, computers, printers, photocopiers and fax machines will be permitted
for office use and small machinery such as hand drills and small jigsaws for hobbyist uses.
Hobbyist uses shall be limited to$500 in total inventory.
i. All home occupations shall be required to obtain a home business tax receipt pursuant to the
requirements of Chapter 11 of the City Code of Ordinances prior to initiating operation.
j. Garages, carports or similar structures, whether attached or detached shall not be used for
storage of material or manufacturing concerning the home occupation (other than storage of
an automobile).
k. Any home business tax receipt that generates more than 10 vehicle trips per day shall require
a City fire inspection. Excessive traffic shall not be permitted other than routine residential
traffic.
1. An applicant may appeal the denial of an application to the City Council pursuant to the
requirements of the Land Development Code.
in. No home business tax receipt shall, be issued for any property until such time that any Code
Compliance issues are resolved.
n:. if the applicant does not own the property, said applicant shall provide a signed and notarized
affidavit from the property owner permitting a Home Occupation on their property,provided
the use is permitted by the City.
Rev 04/02112(Land Development Code)
111-l3
n. A Community Residential Home shall not be located closer than 1,200 feet (1,200') to
another CRH or closer than 500 feet(500') of a parcel zoned AG,RT,R-1, R-2, or R-3. [See
Chapter 419.001 F.S.]
o. All distance requirements shall be measured from the nearest point of the existing CRH
property line,or the zoning district described above,whichever is greater.
p. Each facility shall be required to obtain an appropriate license prior to receiving art
r+::cUpit o+ 44i i ,ebu.,inCS La.\ rt:ucini from the City and Volusia County. The City will
inspect facilities for compliance with Florida Fire Prevention Codes.
21-34.03—Institutional Residential Homes (also referred to as ALF's)
The purpose of this Section is to provide regulations to protect the adjacent property values while
allowing the institutional home to operate. For this purpose of this Code, assisted living facilities
(ALF) shall be considered as an Institutional Residential Home.
a, A minimum 4 foot(4')high fence shall be provided at all times.
b. Full time on-site management shall be provided at all times.
c. Minor on-site medical care may be provided at the option of the operator.
d, Each resident shall have the minimum square footage of personal living area for their use, as
required by the State.
e. Each facility shall be required to obtain an appropriate license prior to receiving an business
Li,: reccintt+ccup ti.+ti«! !ic.:n;;: from the City and Volusia County. The City will inspect
facilities for compliance with Florida Fire Prevention Codes.
21-34.04—Salvage Yards
The purpose of this Section is to control the operation of salvage yards and similar uses.
a. Salvage yards shall comply with the conditional use standards for the 1-2 zoning district.
b. The site shall be a minimum of 40,000 square feet and a maximum of 200,000 square feet,
and shall conform to the buffer yard requirements described in Article V, Section 21-54.
1 c. All sites shall be enclosed by an eight f o o t (8') high stockade fence, ins i ienccc or masonry
wall. Existing sites with chain link fence may be enclosed with slatting. New sites shall
require stockade fencing or masonry wall,
d.. Nothing stored shall be visible above the height of the fence or wall.
e. A City of Edgewater Business Tax Receipt shall be required,
Rev 04/02112(Land Development Code)
1II-15
f. No storage or parking of items under control of the salvage yard shall be permitted outside of
the fence or wall.
21-34.05—Refuse and Dumpsters
The purpose of this Section is to control the placement and operation of refuse and dumpsters
and similar such uses.
a. Dumpsters on commercial, industrial and multi-family properties shall be enclosed from
I view with a six foot (6') high stockade fence, in or masonry wall and gate. Existing
sites with chain link fence may be enclosed with slatting. New sites shall require stockade
fencing or masonry wall. Dumpsters and dumpster pads shall not be required for properties
zoned RP(Residential Professional).
b. No dumpsters, containers or containment areas shall be permitted in any public right-of-way.
c. Gates shall be kept closed at all times except on designated pick up days.
d. Non-residential properties located within 150-feet of a residential property line or noise
sensitive zone(as defined in the Noise Ordinance) shall not have durnpsters and/or containers
delivered, emptied or removed between the hours of seven p.m. (7:00 p.m.) and seven a.m.
(7:00 a.m.) on weekdays and seven p.m. (7:00 p.m.) and eight a.m. (8:00 a.m.) on weekends
or holidays. Dumpsters and/or containers cannot be delivered,emptied or removed during the
hours of ten p,rn... (10:00 p.m.)and six a.m. (6:00 a.m.)in non-residential properties which are
not within 150-feet of residential property line or noise sensitive zone.
e. All construction projects shall have a dumpster located on-site for placement of construction
debris for all new construction and additions exceeding 600-square feet.
f Containment areas and construction project areas shall be maintained in a clean and orderly
manner at all times so as to not produce a nuisance.
g. Newly developed/redeveloped non-residential projects and multi-family projects over four
(4) units shall provide an adequate quantity of on-site dumpsters.
21-34.06—Kennels
The purpose of this Section is to minimize conflicts of noise, odor, and health hazards created by
kennels. In addition to the regulations as set forth within the district(s) in which the use is
located,the following minimum regulations shall apply:
a. Commercial kennels are limited to the raising, breeding, boarding, and grooming of
domesticated animals. Farm animals such as pigs and chickens or exotic animals such as
snakes are expressly prohibited.
Rev 04/02/12(Land Development,Code)
III-l6
b. All runs shall be equipped with drains provided every 10 feet (10') and connected to a
sanitary facility approved the City Engineer.
c. No animal having a disease harmful to humans shall be boarded or maintained in the facility.
d. No building or other structure nor any dog run shall be located within 150 feet (150') of any
residential use.
e. Dog runs adjacent to a residential use shall not be used between the hours of 10 P.M. and 7
A.M.
f. Kennels are required to receive a commercial kennel license from the Volusia County
Animal Control Department and a City of Edgewater Business Tax Receipt after receiving a
Certificate of Occupancy from the City.
g. See Chapter 5 of the Code of Ordinances, City of Edgewater, Florida for additional
regulations.
21-34.07—Mini-warehouses
Mini-warehouses may be permitted under the following conditions:
a. Mini-warehouse buildings shall be screened from the public right-of-way by a minimum of a
six foot (6') high stockade fence or masonry wall with a ten foot (10') wide landscape buffer
planted adjacent to the street side on all boundaries facing residential districts. Existing sites
with chain link fence may be enclosed with slatting. New sites shall require stockade
fencing. i n'I 1 ne or masonry wall.
b. The project shall be completely fenced, walled, and designed to limit ingress and egress
through a.controlled and lockable access point. This shall be limited to one (1) two (2) way
access points or two(2)one (1) way access points.
c. Mini-warehouse units shall not contain any provision for electrical outlets, potable water, or
sewer services within the confines of the warehouse units. Hose bibs for cleaning purposes
may be installed outside of the warehouse structures.
d. Bathroom facilities shall be provided at a central facility in accordance with the Standard
Plumbing Code..
e. Mini-warehouses are to be used solely for storage purposes. No other commercial use or
business shall be permitted within the facility unless permitted as part of a Master Plan.
However, one (1) office unit attached by common walls or floors as a part. of the mini-
warehouse facility may be provided for use of the warehouse manager..
f. No storage of flarnmables, weapons, ammunition, explosives, hazardous, or illegal
substances or materials is allowed.
Rev 04/02/12(Land Development Code)
III-17
21-36.02—General Regulations
a. The principle permitted use must be built or pennuitted prior to a permit for an accessory use
is permitted.
b. All accessory uses, buildings and structures shall be located on the same lot as the principle
or permitted use.
c. No accessory use, building or structure shall exceed the height limit shown in that district.
d. Accessory buildings shall not be rented or otherwise used as a dwelling unit.
e. No accessory structure may be located within a public right-of-way or public easement.
f. All accessory structures are required to obtain a building permit.
g. No accessory structure may be located in any front yard in any zoning district.
h. Accessory buildings shall conform to the setback requirements described in Table V-1.
i. No accessory building may be located within any required parking area, landscape area or
stormwater facility area.
j, Accessory buildings shall be limited to 2 per parcel.
k. Storage sheds of 120 sq. ft. or less may be located five (5') feet from rear and side property
lines.
21-36.03—Outdoor Storage and Display: Commercial/Industrial
The purpose of this Section is to provide regulations for the location of outdoor storage and
display facilities where such storage is an accessory use and a part of normal operations on the
premises,
a. Outdoor storage and display may be permitted in conjunction with the uses allowed in certain
commercial and industrial districts as indicated in Table 111-3. Such outdoor storage or
display shall not be located adjacent to any residential district or use unless such storage or
display is screened from the view of the neighboring residential district or use.
b. No outdoor storage may be located in any required front yard, parking areas, fire zones,
loading areas or access lanes.
C. All outdoor storage areas shall be screened from view by a six foot(6') high stockade fence_
in%I relic,: or masonry wall. However, the wall or fencing shall not interfere with the flow
Rev 04/02/12(Land Development Code)
111-20
process as defined in Section 21-37.04. For the purposes of this definition, a charitable
event/activity does not include an event/activity with the primary purpose of carrying on
propaganda or otherwise attempting to influence legislation, and does not include an
event/activity with the primary purpose of raising funds or garnering support for a political
campaign on behalf of(or in opposition to) any candidate for public office.
City sponsored activity sponsored or co-sponsored by the City Council or any City Department
for the benefit of the residents of the community.
Civic group/non-profit organization — any group that meets for the improvement of t.he
community and whose main function is to make the community a better place to live either by
deed, donations of time or finances. A tax-exempt certificate is not necessary if the group meets
the above stated criteria.
Community activity - activities which take place on City owned or controlled property in which
the general public is invited to participate.
Live entertainment - entertainment in the form of music, singing, speaking or similar activities
that are enhanced by amplification equipment. This includes bands, concerts, performances,
karaoke and disk jockey functions.
Outdoor entertainment entertainment in the form of music, singing, speaking and similar
activities, amplified or non-amplified that is located outside of or partially outside of the area of
the sponsoring property permitted for normal retail sales or services.
Private business-any business enterprise operating for the purpose of creating a profit.
Special activity any public or private activity held within the City of Edgewater in which it can
be reasonably anticipated that the number of persons attending the activity will exceed the on-
site parking, seating or sanitary facilities available at the premises upon which activity will take
I place +�:;' ,)1 that services will be required beyond that which are regularly provided by the City
such as additional traffic control, crowd control, fire and/or emergency services, street closures,
cleanup or other municipal services.
Special activity permit--a permit issued by the City to authorize a special activity.
Sponsor/promoter — any person, group or entity ultimately responsible in full or part for
producing, operating, sponsoring or maintaining a special activity.
21-37x03 Special Activity Permit Requirements
a. The uses authorized by a Special Activity Permit are temporary and all permitted
improvements shall be reproved within five(5) days of the completion of the special activity.
b. The number of special activities at any given location or address shall not exceed:
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b. The proposed activity shall comply with the appropriate Florida Fire Prevention Codes
conditions.
c. The proposed activity shall comply with the City's Land Development Code and noise
ordinance conditions.
d. The proposed activity will direct on-site lighting away from adjacent parcels and roadways.
e. The proposed activity shall have adequate sanitary facilities.
f. The applicant shall post a bond or provide insurance in the amount of$500,000 if no on-site
alcohol consumption is proposed and $1,000,000 if on-site alcohol consumption is permitted
and/or pyrotechnics are proposed to indemnify and hold the City harmless of any and all
liabilities.
g. The City Council may waive the requirements as contained in Section 21-35.01 for alcohol
sales and/or consumption associated with a special activity.
h. The City Council may add other conditions to protect the health, safety and welfare of the
residents.
21-37.06—Temporary Structures
It shall be the responsibility of the applicant of the special activity permit to ensure the structural
integrity of all temporary structures erected for special activities. The structures are to be safe,
structurally sound and of adequate capacity to service the number of persons proposed to use the
Istructure and must be removed with five (5) days of completion of the special activity. The
Building Official and Fire Marshall shall verify such compliance is obtained,
21-37.07—Inspections to Ensure Compliance
IThe City shall provide scheduled and unscheduled inspections prior to and/or during the special
activity by police, fire, code et,4iT iii-.Ieecti rcci ,;;;;t, building and/or City administration
representatives to monitor and ensure compliance with all applicable City, County and State
codes, Special activity permits that include outdoor entertainment may require a code
h-,--: 1—t -cilli>rcement officer to remain on site during the activity. The cost of said officer
shall be reimbursed to the City by the sponsor/promoter, Appropriate State agencies are
responsible for the inspection of amusement rides and public food preparation facilities.
21-37.0$ .Penalties
Any person or entity who shall conduct, operate or maintain a special activity and fails to obtain
a special activity permit shall be ordered to cease and desist and be punished by a fine of three
times the cost of the application. fee as well as all associated City fees. NO further special
activities shall be authorized until all penalties are current.. A repeat offender shall not be
eligible for a special activity permit for a one-year period. A repeat offender is defined as a
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11I-29