2014-O-26 ORDINANCE NO. 2014-0-26
AN ORDINANCE OF THE CITY OF EDGEWATER,
FLORIDA, AMENDING AND RESTATING ARTICLE VIII
(ADMINISTRATION) 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 September 8, 2008, Council adopted Ordinances #2008-0-02 which amended
and restated Chapter 21 (Land Development Code),Article VIII(Administration).
3. Adoption of this Ordinance will modify the above-referenced Article of Chapter
21 (Land Development Code).
NOW, THEREFORE, BE IT ENACTED by the People of the City of
Edgewater, Florida:
PART A. AN ORDINANCE OF THE CITY OF
EDGEWATER, FLORIDA, AMENDING AND RESTATING
ARTICLE VIII (ADMINISTRATION) OF CHAPTER 21
(LAND DEVELOPMENT CODE); PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FOR AN EFFECTIVE
DATE,ADOPTION AND CODIFICATION.
Amend Chapter 21 (Land Development Code) of the City of Edgewater, Florida by
amending and restating Article VIII (Administration) as set forth in Exhibit "A" which are
attached hereto and incorporated herein.
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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ordinance, are hereby superseded by this ordinance to the extent of such conflict.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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PART F. ADOPTION.
After Motion to approve by Councilwoman Power and Second by Councilwoman
Bennington the vote on the first reading of this ordinance held on December 1, 2014, was as
follows:
AYE NAY
Mayor Mike Ignasiak X
Councilwoman Christine Power X
Councilwoman Gigi Bennington X
Councilman Dan Blazi X
Councilman Gary T. Conroy X
After Motion to approve by c1[1X10i1 rylan Nut and Second by C, _n_t'1� a , the
vote on the second reading of this ordinance was as follows:
AYE NAY
Mayor Mike Ignasiak X
Councilwoman Christine Power ___
Councilwoman Gigi Bennington jYt USED
Councilman Dan Blazi
Councilman Gary T. Conroy X
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PASSED AND DULY ADOPTED this day ofL\n I , 2015.
ATTEST:. CITY COUNCIL OF THE
CITY OF EDGEWATER LORIDA
SAL = - 1- By: 4 CI�G 7�
Bonnie Wenzel S Mike Ignasiak
City Clerk Mayor
Tracey T. Barlow
City Manager
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 j17 day
legality by: Aaron R. Wolfe, Esquire ofJQ( iiJ2i. �, 2015 under Agenda Item No.
City Attorney 8d . d�
Doran, Sims, Wolfe,Kundid.
Ciocchetti& Wagner
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Exhibit "A"
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ARTICLE VIII
ADMINISTRATION
SECTION 21-80-PURPOSE VIII-1
SECTION 21-81 -CITY COUNCIL VIII-1
21-81.01 -Authority VIII-1
SECTION 21-82-CITY MANAGER VIII-2
SECTION 21-83-CITY ATTORNEY VIII-2
SECTION 21-84-TECHNICAL REVIEW COMMITTEE(TRC) VIII-2
21-84.01 - Purpose VIII-2
21-84.02 -Membership VIII-2
21-84.03 -Meetings VIII-3
21-84.04 - Powers& Duties VIII-3
SECTION 21-85-PLANNING & ZONING BOARD (P&ZB) VIII-3
21-85.01 - Purpose VIII-3
21-85.02-Membership VIII-3
21-85.03 -Meetings VIII-4
21-85.04-Powers& Duties VIII-4
SECTION 21 86 CODE COMPLIANCE BOARD (CCB) VIII 555
21 86.01 Purpose VIII 5:j4
21 86.02 Membership VH1 5
21 86.03 Meetings VIII 544
21 86.0.1 Powers and Duties VIII 666
21 86.05 Powers VIII 666
SECTION 21-8:-786-CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS(CAA)VIII-
6
21-8786.01 -Purpose VIII-6
Sections 21-88 through 21-89 reserved for future use.
Article VIII
-i-
Rev.09/08(Land Development Code)
ARTICLE VIII
ADMINISTRATION
SECTION 21-80 -PURPOSE
The purpose of this Article is to identify the roles of City Council, City staff and advisory boards
that are responsible for the administration and integration of this Land Development Code.
SECTION 21-81 - CITY COUNCIL
21-81.01 —Authority
The City Council's authority and duties relative to Chapter 21, the Land Development Code, are
as follows:
a. To initiate,review and adopt amendments to the Comprehensive Plan of the City of
Edgewater.
b. To initiate, review and adopt amendments and hear appeals to this Land Development Code.
c. To initiate, review and adopt amendments to the Official Zoning Map.
d. To review and grant/deny applications for subdivision plats.
e. To hear and grant/deny appeals of a decision of the Planning and Zoning Board regarding
conditional uses.
f. To hear and grant/deny appeals of a decision of the Planning and Zoning Board regarding
variances.
g. To review and grant/deny applications for zoning and development agreements.
h. To review and grant/deny applications for annexation.
i. To review and grant/deny applications for right-of-way abandonment, easements, plat and
street vacations.
j. To review and grant/deny applications for mining permits.
k. To hear and grant/deny appeals of a decision of the Construction Board of Adjustment and
Appeals regarding contractor discipline.
Rev.09/08(LandDevelopmentCode) VIII-1
1. To hear and grant/deny appeals of a decision of the Construction Board of Adjustment and
Appeals regarding a decision of the Building Official or Fire Chief.
m. To review and grant/deny applications for site plans for buildings of 25,000 square feet or
larger.
n. To review and grant/deny applications for designation of landmarks/sites and historic
districts.
o. To review and grant/deny applications for telecommunication towers.
p. To establish by resolution a schedule of fees to cover the costs of technical and
administrative activities required by this Code.
SECTION 21-82 -CITY MANAGER
For the purposes of this Code,the City Manager shall direct and supervise the administration and
enforcement of this Code.
SECTION 21-83 -CITY ATTORNEY
For the purposes of this Code,the City Attorney's duties shall include the following:
a. Provision of professional advice and support to the City Council.
b. Provision of professional advice and support to the Planning and Zoning Board.
c. ' . . - - - - - - ••: . .. ' . . . . - ,
but shall not present cases to the Code Compliance Board. The City Attorney may present
cases to the Code Enforcement Board but shall not serve as the Code Enforcement Board
attorney in accordance with 162.05(5), Florida Statutes. The City Council may select an
attorney as the Code Enforcement Board attorney other than the City Attorney.
SECTION 21-84 -TECHNICAL REVIEW COMMITTEE (TRC)
21-84.01 -Purpose
There is hereby established a Technical Review Committee to provide technical review and
comment regarding various permit applications described in this Land Development Code.
21-84.02 -Membership
At a minimum, the members of TRC shall include the Development Services Director, the City
Engineer, the Department of Environmental Services Director, the Building Official, the Fire
Chief and the City Manager's Office or their designees. The TRC may include other City staff
as may be necessary for a given issue or project.
Rev.09/08(LandDevelopmentCode) VIII-2
21-84.03 -Meetings
The TRC shall meet as necessary, provided that ample public notice is given to the members and
applicants. TRC meetings are subject to Sunshine Laws.
21-84.04-Powers & Duties
a. The TRC members shall provide written comments regarding the technical aspects of
annexations, proposed plan amendments, rezonings, subdivision plats, planned unit
developments, site plans, conditional use permits, mining permits, development and zoning
agreements.
b. The TRC shall have final authority to approve, modify and/or deny, site plans involving
projects with less than 25,000 square feet of gross floor area.
SECTION 21-85 -PLANNING& ZONING BOARD (P&ZB)
21-85.01 -Purpose
The purpose of the Planning & Zoning Board is to provide review and recommendations
regarding various planning matters to the City Council and to act as the City's Local Planning
Agency pursuant to the requirements of Chapter 163, Part II, FS.
21-85.02 -Membership
a. The P&ZB shall consist of seven(7)members appointed by the City Council. Members shall
be legal residents of the City.
b. Members shall be appointed to three(3)year staggered terms.
c. Members shall not appear for, nor represent, any other person than himself/herself at the
P&ZB meetings for one (1)year after his/her departure.
d. The P&ZB, and its members, are subject to the requirements of the Public Records Law(Ch.
119, FS) and the Sunshine Law(Ch. 286, FS).
e. All members shall serve without compensation, but may receive reimbursement while on
official business of the Board.
f. Any member of the Board may be removed by the City Council at any time.
g. No member of the Board shall vote on any matter that would inure to a special private gain;
or of any principal by which the member is employed, or retained, or to the parent
organization, or subsidiary of a corporate principal by which the member is retained; or that
would inure to the special private gain of a relative or business associate.
Rev.09/08(LandDevelopmentCode) VIII-3
h. One (1) non-voting member shall be appointed by the Volusia County School Board per FL.
Statute Section 163.3174. This member shall serve without compensation from the City and
shall be exempt from residency and attendance requirements. The school board member
shall comply with all other procedural standards relating to the Planning and Zoning Board.
21-85.03—Meetings
a. The Planning and Zoning Board shall meet once a month, if there is sufficient business to
warrant a meeting. The P&ZB chairman may call other meetings as necessary, provided that
no less than twenty-four(24)hours notice is given to the members and applicants.
b. The P&ZB shall establish by-laws for conducting their meetings.
21-85.04-Powers & Duties
The Planning and Zoning Board shall:
a. Be the responsible agency to initiate review and/or amendments to the City's Comprehensive
Plan and recommend such to the City Council.
b. Review all proposed amendments to the City's Land Development Code and make
recommendations to the City Council as to the consistency of the proposed amendments to
the Comprehensive Plan.
c. Monitor the effectiveness of the Comprehensive Plan by the formal periodic evaluation
process described in Chapter 163.3191, F.S. and its implementing rules.
d. Provide a coordinated planning effort between the City and the Volusia County School Board
per Florida Statutes Sec. 163.31777.
e. Provide recommendations to the City Council regarding applications for the following:
1. Subdivisions and plats,
2. Proposed development and zoning agreements,
3. Proposed annexations,
4. Proposed rezonings and land use amendments,
5. Proposed abandonment/vacations,
6. Provide recommendations to the City Council regarding site plans over twenty-
five thousand square feet(25,000 sq. ft.)of building area.
f. The Board shall have final authority to approve, modify and/or deny the following unless
appealed to the City Council as provided in Article I:
1. Conditional Use Permits
2. Variance applications
Rev.09/08(LandDevelopmentCode) VIII-4
SECTION 21 86 CODE 9 ,4 ' _ • _ : e • ! E
The purpose of the Code Compliance Board is to review alleged violations to the City's Code of
Ordinances and the Land Development Code pursuant to the requirements of Chapter 162.02,
F.S. The CCB shall be responsible to enforce the Code of Ordinances through the use of
a. The CCB shall consist of seven (7) members appointed by the City Council. Members shall
have been a legal resident of the City for at least one(1)year prior to the appointment.
b. Members shall be appointed to three (3)year staggered terms.
a. Members shall not appear for, nor represent, any other person other than himself/herself
before the Board for one(1)year after his/her departure.
d. The CCB, and its members, shall be subject to the requirements of the Public Records Law
(CH. 119, F.S.) and the Sunshine Law(Ch. 286, F.S.).
e. All members shall serve without compensation, but may receive reimbursement while on
official business of the Board.
f. Any member of the Board may be removed for cause by the City Council at any time.
g. No member of the Board shall bring forward any code enforcement cases. No member of the
by which the member is employed, or retained, or to the parent organization, or subsidiary of
a corporate principal by which the member is retained; or that would inure to the special
private gain of a relative or business associate.
a. The CC is sufficient business to warrant a mooting.
b. The Code Compliance Board shall establish by laws for conducting their meetings. The
Chairman may call other meetings as necessary, provided that no less than ten (10) days
notice is given to the members and applicants. Special meetings may be called with a written
notice signed by three(3)members with at least forty eight(18)hours notice.
Rev.09/08(LandDevelopmentCode) V111-5
21 8& 04 Powers and Duties
•
City Code of Ordinances, including, but not limited to,the following:
b. Chapter 7, Article IX Swimming Pools
c. Chapter 10, Article II Noise
d. Chapter 10, Article III Cleanliness and Sanitation of Premises
o. Chapter 10,Article IV Sewage Disposal
f. Chapter 21, Article V Site Design Criteria
g. Chapter 11 Business Tax Receipt
h. Chapter 12,Article II Garage Sales
i. Chapter 12,Article III Alarm Systems
j. Chapter 15 Streets and Sidewalks
k. Chapter 21 Land Development Codo
24-86705—Powers
c. Subpoena evidence to its hearings.
d. Take testimony under oath.
SECTION 21-886- CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS
(CAA)
21-886.01 -Purpose
The purpose of the Construction Board of Adjustment and Appeals is to provide review and
recommendations to the City Council on building and construction related matters pursuant to
the Florida Building Code. The CAA is deemed to be competent to sit in judgement on matters
concerning the interpretation of the Florida Building Codes and the Florida Fire Prevention Code
and its enforcement.
Sections 21-88 through 21-89 reserved for future use.
Rev.09/08(LandDevelopmentCode) VIII-6