2015-O-09 ORDINANCE NO. 2015-0-09
AN ORDINANCE OF THE CITY OF EDGEWATER,
FLORIDA, AMENDING AND RESTATING ARTICLE II
(DEFINITIONS), ARTICLE III (PERMITTED,
CONDITIONAL, ACCESORY AND PROHIBITED USES)
AND ARTICLE V (SITE DESIGN CRITERIA) 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:
I. 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#2012-0-06 which amended and
restated Chapter 21 (Land Development Code), Article II (Definitions).
3. On August 18, 2014, Council adopted Ordinance#2014-0-15 which amended and
restated Chapter 21 (Land Development Code), Article III (Permitted, Conditional. Accessory
and Prohibited Uses)and Article V (Site Design Criteria).
4. Adoption of this Ordinance will modify the above-referenced Articles of Chapter
21 (Land Development Code).
NOW, THEREFORE, BE IT ENACTED by the People of the City of
Edgewater, Florida:
PART A. AMENDING AND RESTATING ARTICLE II
(DEFINITIONS), ARTICLE III (PERMITTED,
CONDITIONAL, ACCESORY AND PROHIBITED USES)
AND ARTICLE V (SITE DESIGN CRITERIA) OF
CHAPTER 21 (LAND DEVELOPMENT CODE)
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#2015-0-09
Amend Chapter 21 (Land Development Code) of the City of Edgewater, Florida by
amending and restating Article II (Definitions), Article III (Permitted, Conditional, Accessory
and Prohibited Uses) and Article V (Site Design Criteria) 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ordinance, are hereby superseded by this ordinance to the extent of such conflict.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.
PART E. EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
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#2015-0-09
PART F. ADOPTION.
After Motion to approve by Councilman Blazi and Second by Councilwoman Power, the
vote on the first reading of this ordinance held on March 2,2015, 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 64111 ILJfl Penn/enn/ and Second by eapMtl Wall , the
rIb1tic✓
vote on the second reading of this ordinance was as follows:
AYE NAY
Mayor Mike Ignasiak X
Councilwoman Christine Power X
Councilwoman Gigi Bennington
Councilman Dan Blazi X
Councilman Gary T. Conroy X
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#2015-0-09
PASSED AND DULY ADOPTED this 6th day of April. 2015.
ATTEST: CITY COUNCIL OF THE
CPD� n CITY OF EDGEWATER, O�RIIDDA
Bonnie Wenzel J Mike Ignasiak w
City Clerk Mayor M7 � J
`° �(
..' ..; Robin L.
C . .y
- Paralegal
r
-
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 6th day of
legality by: Aaron R. Wolfe. Esquire April, 2015 under Agenda Item No. 8 /1 __
City Attorney
Doran, Sims, Wolfe.Kundid.
Ciocchetti& Wagner
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#2015-0-09
Exhibit "A"
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#2015-0-09
ARTICLE II
DEFINITIONS
SECTION 21-20-DEFINITIONS 11-2
21-20.01 - Intent 11-2
21-20.02 - Definitions 11-2
Article II
ARTICLE 11
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. 8/8/12(I.and Development Code) I1-2
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.
Rev. 8/8/12(Land Development Code) 11-3
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.
Rev. 8/812(Land Development Code) 11-4
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 ofa 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
Rev.8/8/12(Land Development Code) 11-5
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.
(h) 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 (I%) 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).
Re‘. 8B/12(Land Development Code) 11-6
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.
Rev 8/8.12(Land Development Code) II-7
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 he part of these more aesthetically pleasing structures.
CANAL means an artificial, primary water conveyance facility with an open channel and
usually a wet bottom.
Rev.8/8/12(Land Development Code) 11-8
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 (ES.), 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
Rev.8/8112(Land Development Code) 11-9
Act of 1987, PI, 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 I 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 MASCOT means any person(s), animal(s) and/or facsimile thereof
holding, spinning, waving and/or otherwise displaying signage for the advertising of commercial
products or services within any public right-of-way or visible from any public right-of-way,
including any person(s), animal(s) and/or facsimile thereof attired or decorated with commercial
insignia, images or symbols, for the advertising of commercial products or services within any
public right-of-way or visible from any public right-of-way. This shall include, but not be
limited to, sign spinners,sign twirlers, sign walkers, sign clowns, etc.
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.
Rev.8/8/12(Land Development Code) II-10
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 161 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
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 minim is.
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 (I) roadways
CONSTRUCTION PLANS means signed and scaled 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.
Re . 8/8/12(Land Development Code) II-I1
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.
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 itnmcdiatcly 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
Rev. 8/8,12(Land Development Code) II-12
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
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:
(c) Demolition of a structure;
(t) 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 fora 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
Re■. 8/8/12(Land Development Code) 11-13
above the ground level, it is measured below the swell resulting from the double stem. Sterns
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,
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
Rev.8/8/12 (Land Development Code) II-I4
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.
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 he 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 SII WT.
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.
Rev.8/8/12(Land Development Code) II-IS
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.
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 harrier,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.
Re■_8:8,/12(Land Development Code) II-IG
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.
(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 (I%) 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 I 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.
Rcv. 8/8'12(Land Development Code) 11-17
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.
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 he 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
(h) 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.
Rev. 8/8112(Land Development Code) II-18
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
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 all 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.
Rev.8/8/12(I.and Development Code) 11-19
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).
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 CAFÉ 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.
Re' 8/R/12(Land Development Code) 11-20
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
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 'got" 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.
Ides.8/8/12(Land Development Code) 11-21
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.
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
Rev_8/8!12(Land Development Code) 11-22
or after Junc 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.
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 (I) type of use in a single parcel
or structure.
MOBILE and LAND BASED TELECOMMUNICATION FACILITY means whip
Rev.878/12(Land Development Code) 11-23
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 (I) 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,
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(I) 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 (I) 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 ,an w...tee ( r ..,, I.. .
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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 (I) 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.
Rel._8/8/12(I.and Development Code) 11-24
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.
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 docs 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.
Rev. 8/8'12(Land Development Code) II-25
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
characteristics of activity or use across a property line, which emanation can be perceived by or
affects a human beine.
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
MEP, 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
Rev.8/8112 (Land Development Code) 11-26
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;
(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 training is provided for
medical students, residents, or fellows;
(e) That does not prescribe or dispense controlled substances for the treatment of
pa in; or
(I) 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.
Rev. 8/8/12(Land Development Code) 11-27
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.
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.
Reg 8.8/12(Land Development Code) 11-28
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.
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 ally 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.
Rev. 8/8/12(I.and Development Code) 11-29
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:
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 (I) outlet terminating at one (I)
end with a circular turn around.
Local means road facilities designed primarily to provide direct access to abutting
property. Average daily trips arc 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 (I) 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
Res. 8/8/12 (Land Development Coda) 11-30
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.
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 (I) 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.
Rex.8.8/12 (Land Development Code) 11-31
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
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:
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 i 2 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 Iaev igata 12 Plus
Slash Pine Pinus Elliotti 18 Plus
Longleaf Pinc Pinus Palustris 18 Plus
Rev. 8/8/12(Land Development Code) II-32
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, P1.97-348) 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.
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 roofjoists or an) 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
Rev. 8/8/12(Land Development Code) I1-33
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 Sec current Florida Building Code,
SURVEYOR means a land surveyor duly registered in the State of Florida.
SWALE means a man-made trench or channel approximately I-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
Rev. 8/8/12(Land Development Code) 11-31
coloration of the skin by means of the use of needles or other instruments
designed to contact or puncture the skin.
h) 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
establ ishmeot.
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 tens 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
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.I I.
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
Rev. 8/8/12(Land Development Code) 11-35
to or greater than the defined DBII 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
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
Reg 8/8/12(I.and Development Code) 11-36
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.
(h) 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.
(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. '[he 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.
Re..8/8/12(Land De clopmcnt Code) 11-37
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.
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 supple 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
Rev. 8/8112(Land De'clopmcnt Code) 11-38
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.
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.
Rey. 8/8112(land Development Code) 1I-39
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 818/12(land Development Code) 11-40
ARTICLE III
PERMITTED,CONDITIONAL, ACCESSORY AND PROHIBITED USES
SECTION 21-30—GENERAL PROVISIONS III-1
21-30.01 —Purpose III-1
21-30.02—District Boundaries III-1
21-30.03 —Application of Districts 111-2
21-30.04—Official Zoning Map 111-2
21-30.05 —Comprehensive Plan Consistency III-3
SECTION 21-31 —COMPREHENSIVE PLAN RELATIONSHIP 111-3
21.31 —Table III-1 111-4
SECTION 21-32 —ZONING DISTRICT DESCRIPTIONS III-4
21-32.01 —Zoning District Descriptions 111-4
21-32.01 —"Fable 111-2 III-5
SECTION 21-33—USES AND RESTRICTIONS 111-6
21-33.01 — Purpose III-6
21-33.02—Permitted Uses 1(1-6
21-3303 —Conditional Uses 111-6
21-33.04 —Accessory Uses 111-6
21-33.05 —Table 111-3 111-7
SECTION 21-34—SPECIAL USE REQUIREMENTS 111-12
21-34.01 —Home Occupations 111-12
21-34.02— Community Residential Homes(CRH) 111-14
21-34.03—Institutional Residential Homes(also referred to as ALI"s) III-I5
21-34.04— Salvage Yards III-15
21-34.05—Refuse and Dumpsters 111-16
21-34.06—Kennels 111-16
21-34.07—Mini-warehouses 111-17
21-34.08—Bed &Breakfasts III-18
21-34.09—Nursing Homes Ill-18
21-34.10—Residential Professional Offices 111-18
SECTION 21-35—PROHIBITED USES II1-19
21-35.01 —Alcoholic Beverages 111-19
Article III
Rev.08/19/14(Land Development Code)
SECTION 21-36-ACCESSORY USE REQUIREMENTS 111-19
21-36.01 - Purpose III-19
21-36.02-General Regulations III-20
21-36.03 -Outdoor Storage and Display: Commercial/Industrial 111-212-I-
21-36.04-Satellite Dishes and Antennas.. 111-22
21-36.05 -Places of-Worship-Schools/Child Care III-2323
21-36.06-Boathouses III-23
1 21-36.07-Boat Docks and Slips III-2424
21-36.08 - Boats as Dwelling Units 111-24
21-36.09 -Canopies/Temporary Carports and Tents III-24
21-36.10 - Swimming Pools 111-25
SECTION 21-37- SPECIAL ACTIVITY/PERMIT REQUIREMENTS 111-27
21-37.01 -Purpose/Scope 111-27
21-37.02-Definitions III-27
21-37.03 -Special Activity Permit Requirements 111-28
21-37.04-Special Activity Permit Application Process III-29
21-37.05 -Special Activity Permit Criteria III-29
21-37.06-Temporary Structures III-30
21-37.07-Inspections to Ensure Compliance III-30
21-37.08-Penalties III-30
21-37.09-Exceptions III-_1+}
SECTION 21-38-FENCES,WALLS and HEDGES 111-31
21-38.01 -Purpose III-31
21-38.02 -General Requirements III-31
21-38.03 -Site Triangle Requirements III-32
SECTION 21-39- PAIN CLINICS 111-34
21-39.01 -Purpose III-34
21-39.02 -General Requirements III-34
Article III
ii
Rec. 08/19/14(Land Dc■clopmcnt Code)
ARTICLE III
PERMITTED USES, CONDITIONAL USES,
ACCESSORY USES AND PROHIBITED USES
SECTION 21-30— GENERAL PROVISIONS
21-30.01 —Purpose
In addition to the intent and purposes listed in Section 21-30, the various zoning districts
established herein are intended to:
a. Establish the permitted, prohibited, conditional and accessory uses allowed for each parcel;
and
b. Provide for equal protection of property rights of each parcel of land without regard for its
classification;and
c. Streamline the land development decision process to the maximum extent possible;and
d. Provide reasonable opportunities for the provision of telecommunication facilities; and
e. Control the placement of signage to preserve property values and enhance the aesthetic
character of the City; and
I Prevent cut-through traffic in residential neighborhoods to the maximum extent possible.
21-30.02—District Boundaries
Zoning districts are depicted as shown on the Official Zoning Map of the City of Edgewater,
Florida, as revised at the effective date of this Code, and made a part of the Article by reference.
When uncertainty occurs as to boundaries of zoning districts on the Official Zoning Map, the
following rules shall apply:
a. Boundaries are depicted to follow the centerline of streets, highways, alleys. or other public
right-of-ways and shall be construed to follow such lines;
b. Boundaries are depicted to follow platted lot lines, section lines, or tract lines and shall be
construed as following such lot lines;
c. Boundaries are depicted to follow political boundaries and shall be construed as following
such political boundaries;
Rev 0%/19/14(Land Development Code)
III-
d. Boundaries are depicted to follow railroad right-of-ways and shall be construed to be the
center line of the railroad right-of-way;
e. Boundaries are depicted to follow shorelines and shall be construed to follow such shorelines
even if the shorelines change;
f Boundaries arc depicted to follow the center lines of canals and shall be construed to follow
such center lines;
g. Boundaries shown to be parallel to the center line of streets, or the center line or right-of-way
line of highways, such district boundaries shall be construed as being parallel thereto and
such distance therefrom as indicated on the zoning maps If no distance is given, such
dimension shall be determined by measuring from the Official Zoning Map;
h. Where a public road, street or alley is officially vacated or abandoned, the location of the
zoning district boundaries shall be the center line of the vacated right-of-way;
i. Where physical or cultural features existing on the ground are different from those shown on
the Official Zoning Map, or in case any other uncertainty exists, the Development Services
Director/Planning Director shall interpret the intent of the Official Zoning Map as to the
location of district boundaries.
21-30.03—Application of Districts
Except as provided in Section 21-71 — Non-Conforming Uses, the enlargement, alteration,
conversion, relocation, rehabilitation, or reconstruction of any structure or building shall be in
accordance with regulations of the district in which said structure or building is located as well as
all applicable regulations of this Article.
All use of land and/or water shall be done so only in accordance with the applicable requirements
of this Article.
21-30.04—Official Zoning Map
a. The City of Edgewater is hereby divided into zoning districts and shown on the Official
Zoning Map as amended by the City Council. The Official Zoning Map shall be identified
by the signature of the Mayor, attested by the City Clerk and bearing the seal of the City
under the following words: This is to certify that this is the Official Zoning Map referred to
in Chapter 21,of the Code of Ordinances."
b. No changes shall be made in the Official Zoning Map except as provided herein in Article
IX. Any unauthorized change of any kind by ally person, or persons, shall be considered a
violation of this Article and be subject to the applicable enforcement provisions described in
Article X.
Rev 0819/14(I.and Development C'odc)
III-2
c. Regardless of the existence of copies of the Official Zoning Map which may from time to
time be made or published, the Official Zoning Map shall be maintained in the official
records of the City.
d. In the event that the Official Zoning Map becomes damaged, destroyed, lost, or difficult to
interpret because of the nature of number of changes and additions. the City Council shall
adopt a new Official Zoning Map.
21-30.05—Comprehensive Plan Consistency
The regulations contained herein are consistent with and implement the Comprehensive Plan
policies contained in the Future Land Use Element, Housing Element, Coastal Element and
Conservation Element.
SECTION 21-31 —COMPREHENSIVE PLAN RELATIONSHIP
Table III-1 shows which zoning categories are consistent with and implement the land use
categories in the Comprehensive Plan, particularly the Future Land Use Map (FLUM).
(See Page 111-4)
Rev 08/19114(Land Development Code)
111-3
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. RI
1.0 to 4,0 DU/net acre
Medium Density Residential R-3. R-4, RPUD, MH-I, MH-2
4.1 to 8.0 DU/net acre
High Density 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, RI, AG, R-I, R-2, R-3, R-4, R-5,
RPUD, RP, MH-I. MH-2. B-2. B-3, B-4.
BPUD, 1-I, 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, MUPUD, EC,CC
Minimum 15 acres: to 12 DU/net acre
Sustainable Community Development SCD/PUD
See SCD Sub-Element of the City of
Eewater Comprehensive Plan
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.
(Sec Page III-5)
Rev (1811214(Land Development Code)
II1-4
TABLE 111-2
ZONING DISTRICT DESCRIPTIONS
Zoning District Title Category Purpose and General Description
Conservation CN Protection of wetlands.aquifer recharge&environmentally sensitive areas.
Rural Transitional R Provide for limited agriculture and provide for a transition between coral and
residential land uses-min. I acre lot.
SF Residential R-I Single family residential-(10to 4.0 units/net acre)min. 12.000 sq.ft lot.
SF Residential R-2 Single family residential- (1.0 to 4.0 units/net acre)mite. 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-4 Medium density residential(4.1 to 8.0 units/net acre) single family.duplex.
apartments.and townhouses.
MI-Residential R-5 High density residential(8.1 to 120 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
Dew elopment with a single development plan.
Residential Professional Office RP Intended for office professional along SRN442 and a rezoning must he
accompanied by a site plan.
Mobile I lome Park MH-I 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 I lome Subdivision MH-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 sary ices 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 substations,water
and wastewater treatment plane fire stations and libraries are also included in
this category.
Highway Business B-3 Intended for high volume highwav related commercial uses-no mist.parcel size.
Tourist Commercial H-4 Intended for short tent waterfront accommodations for visitors and accessory
uses.may include residential mixed use-min.2 acres.
Business Planned Unit 1WI11) Intended for mixed commercial and limited multifamily residential with a single
Development development plan
Light Industrial I-I Intended for storage.light manufacturing.wholesaling and distribution uses and
adult entertainment-no min.parcel size.
I lean'Industrial 1-2 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. _
Agriculture 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 o1'the City.
Mixed Use Planned Unit MUPUD Intended for innovative mixed use developments to include,but not he limited to
Dcyclopmnent commercial.light industrial and residential.
Sustainahle Community SCDPCD See SCD Sub-Element of the City of Fdgewatcr Comprehensive Plan.
DevelopmenlPlanned Unit
Dcyelopmcnt
Rev 08/19114(I-and Development Code)
III-5
SECTION 21-33 — USES AND RESTRICTIONS
21-33.01 —Purpose
This portion of Article Ill depicts the permitted, conditional and accessory uses by zoning district
using the matrix format. The footnotes in Table III-3 refer to any applicable special criteria for
that use in the particular zoning district and are described in Section 21-34 of this Article.
If a use is not present in a given square in the matrix, that use is not permitted in that zoning
district. Changes to the list of uses, the zoning districts and/or the permitted, conditional or
accessory use status of a given land use can only be changed by completing the Land
Development Code amendment process described in Article IX.
21-33.02—Permitted Uses
The use depicted as "P" in the matrix (Table 111-3) means that it is permissible in that zoning
district as a matter of right, subject to satisfactory compliance with the project design standards
found in the Land Development Code and any applicable site plan review requirements in the
Land Development Code.
The list of permitted uses cannot be all inclusive. The uses described in Table III-3 shall be
interpreted by the Development Services Director/Planning Director to include other uses that
have similar impacts to those listed. Any dispute or request regarding interpretations shall be
resolved by the City Manager subject to an appeal to the City Council.
All permitted uses or businesses requiring business tax receipts shall operate from within a
permanent structure
21-33.03 —Conditional Uses
The use depicted as a "C" in the matrix (Table 111-3) means that it is permitted in that zoning
district only after satisfactory completion of the conditional use process described in Article IX
or the satisfactory completion of a Planned Unit Development. Satisfactory compliance with the
applicable project design standards described in Article V and the concurrency requirements
described in Article XI must also be achieved prior to commencement of a project.
21-33.04—Accessory Uses
The use depicted as an "A" in the matrix (Table 111-3) means a use that is incidental, related,
appropriate and clearly subordinate to the existing principle permitted use.
Rev 08/19/14(Land Development Code)
111-6
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TABLE 111-3 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
Regulat ions.
I. 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 I Ionic.
10. See Institutional Residential Homes, Section 21-34.03 for details.
II. 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 he permitted as a conditional use in the R-2
district for certain properties abutting State Road 4442. See Section 21-34.10 for
details.
Rev 08/19,14 II mnd Development Code)
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. Stale 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
arc permitted in the 1-1 (Light Industrial) zoning district with the exception of
properties with frontage on Park Avenue. This section shall not apply to any existing
Internet/Sweepstakes Café 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 Café 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.
Rev 08/19/14(Land Devclopmcnl Code)
III-11
a. No person or entity shall propose, cause or permit the operation of or
enlargement of Internet/Sweepstakes Cafés, Pawn Shops and Tattoo
Parlors/Body Piercing Studios that would or will be located within, 1,000 feet
of a preexisting Internet/Sweepstakes Cafés, 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 Cafés, Pawn Shops and Tattoo Parlors/Body Piercing
Studios shall not be allowed to open anywhere except in the IT 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.
Re. OR/I9/14(Land Development('ode)
111-12
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.
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.
g. Except as provided in the City of Edgewater Code of Ordinances, 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 I I 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.
I. An applicant may appeal the denial of an application to the City Council pursuant to the
requirements of the Land Development Code.
m. No home business tax receipt shall be issued for ally 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 properly, provided
the use is permitted by the City.
Rev 08/19/14(Land Dc'clopment Code)
111-13
21-34.02—Community Residential Homes (CRH)
The purpose of this Section is to establish criteria for the placement of Community Residential
Homes as defined in F.S. 419.001(a), and limit their location to areas zoned for multi-family
development.
a. All Community Residential Homes shall be required to obtain a City business tax receipt.
Pursuant to the requirements of Chapter 205.1965, F.S., the City shall not issue said receipt
unless the applicant has a state license and substantially meets the criteria listed herein.
b. All facilities shall comply with the minimum parcel area and dimensional requirements of the
zoning district in which the facility is located.
c. Community Residential Homes shall be used only for the purpose of providing rehabilitative
or specialized care, and may not be used for administrative or related office-type activities,
other than those in support of the facility.
d. No counseling or other client services for non-residents shall be permitted in a CRI1.
e. A CRH shall be similar in appearance to the prevailing character of the area in which the
proposed site is located. Similar means within 125 percent of the average floor area, height.
and/or architectural style of any other dwelling units in the adjacent area.
C. On-site signage shall be a low profile sign with a maximum height of 8 feet and a maximum
area of 16 square feet.
g. The proposed CRH shall provide a minimum 4-foot(4') high fence on all property lines.
h. The proposed CRI I shall comply with the appropriate project design standards described in
Article V.
i. The proposed CRH shall comply with all appropriate Florida Fire Prevention Codes and
Building Code requirements.
j. The minimum dwelling unit size for each resident shall be 750 square feet.
k. There shall he no more than fourteen (14) residents permitted in a structure on a parcel
designated as Medium Density Residential or High Density Residential on the City's Future
land Use Map.
I. Each CRH shall provide a responsible supervisory person on duty at all times while residents
are on the premises. The minimum staffing levels required by the State, or other licensing
agency, shall be maintained at all times.
m. Failure to substantially comply with all these criteria shall subject the property owner. and/or
the applicant,to the enforcement provisions of Article X.
Rea O871Y/14(I.and Dc'clopmcnl Code)
111-14
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, R f, R-I, R-2, or R-3. [See
Chapter 419.001 F.S.]
a All distance requirements shall be measured from the nearest point of the existing CRII
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 a business
tax receipt 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 all 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.
c. Each facility shall be required to obtain an appropriate license prior to receiving a business
tax receipt 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.
e. All sites shall be enclosed by an eight foot(8') high stockade fence, vinyl fence 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.
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C 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
view with a six foot(6') high stockade fence, vinyl fence 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.
e. 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 dumpsters 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.m. (10:00 p.m.) and six a.m. (6:00 a.m.) in non-residential properties which are
not within 150-feet of a 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 durpsters.
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 08/1914(Land Development Code)
III-Ib
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 I50 feet (I50') 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.vinyl fence 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. I lose 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 tlammables. weapons, ammunition, explosives. hazardous, or illegal
substances or materials is allowed.
Rev 08/19/14(Land Development Code)
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g. Mini-warehouses may be permitted as a conditional use in the B-3 and BPUD District when
located at least 100 feet(100') from the front property line and where in that 100 feet (100')
the property is developed.
h. A City Business Tax Receipt shall be required.
21-34.08 — Bed & Breakfasts
a. Bed and breakfast accommodations, as defined in Section 21-20 shall require off-street
parking at I space/bedroom, plus residential parking requirements.
b. Landscaping shall be provided as required for hotel/motel uses.
c. One(1) sign not to exceed six (6) square feet.
d. A City Business Tax Receipt is required.
21-34.09—Nursing Homes
a. Nursing home sites shall front on a major collector or arterial roadway.
b. Buffering shall be provided based on land use intensity and comply with the landscaping
requirements of Section 21-54.
c. A City Business Tax Receipt is required.
21-34.10—Residential Professional Offices
Residential Professional Offices are permitted as a conditional use and require site plan approval.
Residential Professional Offices are permitted only along S.R. 442, east of Pinedale Road and
west of U.S. Highway 1. Residential Professional Office site plans shall be provided with a
Zoning Map Amendment application and shall include:
a. The property must have a minimum frontage of 100-feet along S.R. 442.
h. One ground sign not to exceed sixteen (16) square feet of display area and an overall height
of eight feet(8').
I. Ground Sign Planter Specifications. Vertical structure supports for ground
signs shall be concealed in an enclosed base. The width of such enclosed base
shall be equal to at least two-thirds (2/3) the horizontal width of the sign surface.
A planter structure shall enclose the foot of the base. The planter shall be
between two feet (2') and three feet (3') in height above the ground, with a
minimum length equal to the width of the sign and a minimum width of three feet
(3'). The materials will be consistent with the sign and principal structure. The
Rev 08/1914(Land Development Code)
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planter shall be irrigated and planted with low shrubs, ornamentals or flowers.
Such plantings shall be maintained indefinitely.
2. Ground Sign Setback. The leading edge of the sign shall be setback a minimum
of ten feet (10')from the right-of-way.
3. Movement. No ground sign nor its parts shall move, rotate or use flashing lights.
4. Prohibited Signs. Signs that are prohibited in the Indian River Boulevard
Corridor include animated signs, billboards, off-site signs, flashing signs, snipe
signs, portable signs (trailer signs), roof signs, beacon lights, bench signs, trash
receptacle signs, gutter signs, signs on public property, immoral display,
obstruction, streamers,spinners and pennants.
c. Commercial building code requirements shall be met.
d. A City Business Tax Receipt is required.
e. All development and/or redevelopment shall conform to the site design criteria as defined in
Article V and Article XVIII of the Land Development Code
f. Professional office uses are restrictive and shall be designed to primarily serve the populace
of the general vicinity.
SECTION 21-35—PROHIBITED USES
21-35.01 —Alcoholic Beverages
No alcoholic beverage establishments, i.e., establishments engaged in the sale of alcoholic
beverages for on-premises consumption, shall be located within 500-feet of an established
church or school with the following exception:
a. Any location licensed as a restaurant, which derives at least 51-percent of their gross
revenues from the sale of food and nonalcoholic beverages, pursuant to Florida Statutes.
SECTION 21-36—ACCESSORY USE REQUIREMENTS
21-36.01 —Purpose
This Section includes those accessory uses and detached structures that are subordinate to the
main use or building or located on the same lot. The term other accessory buildings shall
include, but not be limited to such structures as greenhouses,gazebos, storage buildings, storage
shed, garages, carports and the like.
Rev 08/19/14(Land Development Code)
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21-36.02 —General Regulations
a. No accessory structure or use shall be permitted on any lot which does not have an
established principal use conforming to the requirements of this code and no accessory
structure shall be permitted on any lot which does not have a permitted principal or primary
structure.
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 and
shall not exceed the height of the peak of the majority of the roof height of the principle or
primary structure in residentially zoned areas.
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 casement.
I 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.
It Accessory buildings shall conform to the setback requirements described in Table V-I and
shall not cause an excess of the maximum building coverage and/or maximum impervious
coverage as established for the respective zoning district.
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 and the total square feet of all accessory
buildings and/or storage sheds shall not exceed severity percent (70%) of the total square feet
of the principle or primary structure in residentially zoned areas.
k. Storage sheds of 120 sq. ft. or less may be located five (5-) feet from rear and side property
lines.
I. All accessory uses, buildings and structures located in residentially zoned areas exceeding
350 sq. ft. and located on a parcel of less than five (5) acres shall be consistent with the
primary structure in architectural design. rootline and color.
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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 III-3. Such outdoor storage or
display shall not he 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,
vinyl fence or masonry wall. I lowcver, the wall or fencing shall not interfere with the flow
of traffic entering or leaving the site. Existing sites with a chain link fence may be enclosed
with slatting. New sites shall require stockade fencing or masonry wall.
d. Loose materials such as sand, Styrofoam, cardboard boxes, mulch, compost areas, and
similar materials, which are subject to being scattered or blown about the premises by normal
weather conditions, shall be contained by an adequate enclosure. No outdoor storage area or
building shall be located in a public right-of-way, utility or drainage easement.
e. Commercial outdoor display of merchandise may be permitted as an accessory use within the
required front, side or rear yard areas, providing that such outdoor display shall not be
located adjacent to a residential street.
f. The sale, storage, or display of all products not normally found or used outdoors shall be
conducted from indoor locations only.
g. Outdoor display of products shall be limited to items typically associated due to their nature,
size or construction with common outdoor usage or sales. Merchandise typically permitted
for outdoor display include, but are not limited to: sales, display and rental of vehicles, boats
and mobile homes, plant nurseries and sale of landscape materials, swimming pools and spas,
lawn mowers, lawn furniture, basketball nets. volleyball equipment, Christmas trees,
pumpkins at Halloween, tomato plants, harvested fruits and vegetables etc. Merchandise
typically not permitted for outdoor display include, but are not limited to: indoor furniture,
stoves, ranges, bathroom fixtures, clothing, bedding mattresses, etc. This section shall not
apply to permitted garage/yard sales, authorized farmers/craft markets and permitted special
activities/events.
Rev 08719/14(Land Deg elopment Code)
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h. Outdoor display of vehicles, watercraft, etc., for sale shall be set back no less than ten feet
(10') from the front and side corner property line and five feet(5') from the interior side and
rear property line. Landscaping shall be installed in this area on any adjacent local street.
i. All display merchandise and related display equipment shall be removed at the close of
business each day. This shall not include vehicles, boats, mobile homes, large
lawn/construction equipment and campers displayed for rent or sale. No outdoor display
areas shall be permitted within required parking spaces or areas, public sidewalks or
pedestrian or vehicular access areas, parking aisles, driveway entrances or exits. No outdoor
display areas shall obstruct visibility triangles at intersections or at points of ingress or egress
to the business.
j. All new outdoor garden supply areas shall be screened from public view, the public right-of-
way and incorporated into the architecture of the principle building.
k. All unattended machines dispensing a product, with the exception of ice and water machines,
LP gas, newspaper machines (general circulation), shall be located indoors.
21-36.04—Satellite Dishes and Antennas
The purpose of this Section is to control the location of satellite dishes and antennas in order to
allow their use without sacrificing property values. Telecommunication tower location and site
development standards are found in Article XII.
a. Privately owned ham radio antennas. citizens band radio and/or satellite dish antennas shall
be considered accessory uses. All other such facilities belonging to companies whose
business involves the reception or transmissions of wireless communication signals shall be
considered commercial uses.
b. Pursuant to the Federal Telecommunications Act of 1996. satellite dishes 39 centimeters
(approximately 36 inches) or less in diameter shall not require an installation permit.
c. A satellite dish greater than 36 inches (36") in diameter shall require a building permit from
the City.
d. Except as provided in Article XII, antennas and satellite dishes greater than 36 inches in
diameter shall be set back five feet(5') from side and rear lot lines or easements.
e. No satellite dishes larger than 39 centimeters (approximately 36 inches) or antennas shall be
permitted in the front yard of any parcel.
t: The required setback shall be measured from the closest point of the outermost edge of the
antenna or satellite dish to the property line.
2. Except as provided in Article XII. the height restrictions for antennas and satellite dishes
shall not exceed the height limit in that district.
Re' 08/19/11(Land Dccclopmcnt Code)
II1-22
21-36.05—Places of Worship—Schools/Child Care
The purpose of this Section is to establish criteria for the operation of schools and recreation
facilities as an accessory use associated with places of worship.
a. A school operated by a place of worship shall not be permitted to locate within 25 feet (25')
of property used as residential.
b. Recreation areas associated with places of worship shall not use artificial site lighting at night
unless shielded from adjacent residential areas.
c. No recreational activity shall be located closer than 25 feet(25') to an adjacent parcel.
d. The front yard of a place of worship shall be on an arterial or collector roadway.
e. The building design for new construction shall be substantially similar to the design of the
existing structures. No portables. trailers or like buildings are permitted.
f. Parking and service areas shall be located away from adjacent parcels.
21-36.06—Boathouses
The following regulations shall apply to boathouses in all the R-1, R-2. R-3. R-4 and R-5
districts.
a. Height of boathou.ses: No boathouse shall be erected or altered to a height exceeding fifteen
(15')feet from mean high water.
b. Boathouse setback: No boathouse shall be built less than five (5') feet from the established
bulkhead line or less than ten (10') feet from any side lot line. If no bulkhead line is
established, then the mean high tide watermark shall be used as the line of measurement.
c. Accessory building attached to boathouse: No accessory building which is attached to a
boathouse and a part thereof shall be erected or altered less than twenty (20') feet away from
the established bulkhead line. If a bulkhead line is not established, then the mean high water
mark shall be used as the line of measurement.
d. Detached accessory building to boathouse: A detached accessory building to a boathouse is
prohibited in the R-1, R-2, R-3, R-4 and R-5 residential districts.
e. Area of boathouses: No boathouse or similar structure shall exceed twenty (20') feet in
width measured on a line parallel to the established bulkhead line or exceed forty (40') feet in
depth measured at right angles to the established bulkhead line. If a bulkhead line is not
established, then the mean highwater mark shall be used as a line of measurement.
Rev OA/19/14(Land Dccclopment Code)
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21-36.07—Boat Docks and Slips
a. Boat docks and slips for mooring pleasure boats, yachts and non-commercial watercraft shall
be permitted in accordance with Volusia County's Manatee Protection Plan in any residential
district as an accessory use to the residential use.
b. If no bulkhead line is established, then the mean highwater mark shall be used as the line of
measurement.
21-36.08—Boats as Dwelling Units
No boat or vessel shall be used or maintained as a dwelling unit which is not sound, seaworthy
and equipped with sanitary facilities that are either:
a. Connected to a public sewer system, or
b. Have a self-contained waste treatment system.
21-36.09—Canopies/Temporary Carports and Tents
a. Owners of canopies/temporary carports and tents shall be required to secure all components
so as to prevent them from becoming airborne or from leaving the property where installed,
as well as keep them in a good state of repair. Temporary canopies/carports and tents shall
not require a permit if installed and maintained as per the manufacturer's installation
instructions. No substantial modifications that would alter the design or integrity of the
canopy/temporary carport or tent shall be permitted.
b. The below specifications are intended to be minimum only and are no indication or guarantee
of fitness for securing the temporary items covered under this Section. Quantities and sizing
will vary by the size of the item being secured.
I. All tie downs must be secured to solid, immoveable objects such as: mobile
home anchors, concrete driveways, buildings, etc., or as per manufacturer's
installation instructions or engineer's specifications.
2. All tie down leads must be a minimum of 3/16" galvanized or stainless steel cable
or a minimum of 3/8' true nylon rope, (not polyethylene, polypropylene or
polyester) or sized as per manufacturer's installation instructions or engineer's
specifications.
3. It is forbidden to use concrete blocks or weights of any kind as a method of tie
down, because attaching weight or other moveable objects to canopies/temporary
carports and tents can cause those weights to be catapulted by wind lilt.
c. There shall be a limit of two (2) canopies/temporary carports and tents per parcel.
Canopies/temporary carports and tents shall he located behind the front building setback line
Re' 08.'19'14(I.and Dc'clopment Code)
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in the rear and side yard setback areas. Canopies/temporary carports and tents located in side
yard setback areas shall be screened from view with a six foot(6') high opaque wall or fence.
d. Tarps/tops of temporary structures shall be removed during hurricane warning conditions.
e. Canopies/temporary carports and tents not related to a special activity event pursuant to
Section 21-37 and not located in the rear and/or side setback areas shall not be erected for
more than a two (2) day period and for no more than ten (10) days total in a six (6) month
period.
21-36.19—Swimming Pools
a. Definitions
As used in this Article, the following terms shall have the respective meanings ascribed to them:
Residential swimming pool: Any swimming pool used or intended to be used solely by the
owner,operator or lessee thereof and his family, and by guests invited to use it without charge or
payment of any fee.
Swimming Pool: 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.
Wading pool: Any pool with a surface area of less than two hundred fifty (250) square feet and
less than twenty-four (24) inches in depth at any point. Wading pools shall not be required to
comply with this Article.
b. Permit—Application; plans and specifications
1. Application: Before the erection,construction or alteration of any swimming pool
has begun, an application for a permit shall be submitted to the Building Official
for approval.
2. Plans and specifications: The application shall be accompanied by two (2) sets of
full and complete plans and specifications of the pool, including a survey of the
lot showing distance between buildings or structures and the distance from all
property lines. Plans must show method of compliance with the Pool Safety Act,
F.S. 515.
c. Structural Requirements
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I. General: All swimming pools whether constructed of reinforced concrete,
pneumatic concrete, steel, plastic or others, shall be designed and constructed in
accordance with the requirements of the Florida Building Code,424 and accepted
engineering principles.
d. Location
1. Front yard and side corner yard swimming pools are prohibited.
2. No swimming pool shall be constructed closer than five(5) feet from any building
without engineering, nor within any easement or ten (10) feet from any property
line, unless a Development Agreement or P.U.D. Agreement is established for the
property.
e. Enclosures
1. All swimming pools, unless entirely screened in, shall be completely enclosed
with a fence or wall at least four feet (4') high, and so constructed as to not be
readily climbable by small children. All gates or doors providing access to the
pool area shall be equipped with a self-closing and self-latching device installed
on the pool side for keeping the gates or doors securely closed at all times when
the pool area is not in actual use, except that the door of any dwelling which
forms a part of the enclosure need not be so equipped, per Child Safety Act, F.S.
515.
2. All whirlpools, spas or hot tubs unless entirely screened in or equipped with a
lock down cover shall be completely enclosed with a fence or wall at least four
feet (4') high and so constructed as to not be readily climbable by small children.
and comply with the Child Safety Act. F.S. 515.
f Filtration and recirculation system
All swimming pools shall be equipped with a filtering and recirculation system and such systems
shall be compliant with all applicable requirements as set forth by the American National
Standards Institute.
g. Electrical wiring
All electrical wiring must comply with the National Electrical Code (NEC).
h. Plumbing
When plumbing is connected to City service for water supply, all plumbing shall be in strict
accordance with the local plumbing code. When water is supplied from sources other than City
connected service to family pools, then plastic pipe stamped and approved one hundred (100) by
Rea 08'19/14I I.and Development Code)
III-26
an ASTM laboratory may be accepted, if inspected and approved by a licensed plumbing
inspector.
Discharge water
Water being discharged from the pool or from the back flushing of the filtering system may be
discharged to a storm sewer, dry well seepage pit, or through an irrigation system or other
approved method by the City. Discharge water may not he discharged into a sanitary or
combined sewer.
Rim height
The overflow rim of all swimming pools shall be a minimum grade above surrounding ground
level and in all cases sufficiently high enough to prevent groundwater from flowing into the pool.
k. Walkway
A walkway of concrete or other approved materials shall surround all swimming pools from the
overflow rim outward a distance of three feet (3') for at least two-thirds (2/3) of the pool
perimeter and shall be so designed that water cannot drain from the walkway into the pool.
Overflow Skimmer
A beam overflow skimmer shall be required and be designed so that debris caught in it will not
be washed back into the pool by water movements.
SECTION 21-37—SPECIAL ACTIVITY/PERMIT REQUIREMENTS
21-37.01 —Purpose/Scope
To establish policies and procedures pertaining to special activities, including but not limited to,
outdoor entertainment, to ensure compliance with all applicable City, County and State
requirements. A special activity permit will be required of all special activities held within the
City of Edgewater.
21-37.02—Definitions
C'harltable event/activity— is an event/activity or cause sponsored by a business or non-profit
organization for the purpose of soliciting aid, assistance or contributions for benevolent
purposes. To qualify as a charitable event/activity: all profits (net difference of gross revenues
less expenses) must be given to the charitable cause for which the charitable event/activity was
organized. For purposes of this definition, a charitable event/activity cannot exceed one (I) day.
Each charitable event/activity permit application shall adhere to the special activity permitting
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
Rev 08/19/14(Land Development Code)
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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 the
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
place or 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 sery ices.
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.
21-37.03—Special Activity Permit Requirements
a. The uses authorized by a Special Activity Permit are temporary and all permitted
improvements shall be removed within five (5) days of the completion of the special activity.
h. The number of special activities at any given location or address shall not exceed:
I. One 10-day period and two I-day charitable events/activity between the period of
January Isithrough June 30th; and
Rev 08/19714 (Land Devclo0ment Code)
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2. One 10-day period and two I-day charitable events/activity between the period of
July l"through December 31s1
.
3. The City Council may grant an exemption to the number events/activities
permitted per year for a specific location or address. The exemption shall not be
granted for more than a one (I) year period. All other requirements contained in
this Section shall apply.
c. Outdoor entertainment/amplified sound in conjunction with a special activity shall be
permitted only between the times of 1:00 p.m. to 10:00 p.m., unless otherwise authorized by
the City.
21-37.04—Special Activity Permit Application Process
a. A special activity permit will be required for each special activity held within the City of
Edgewater. No special activity permit will be required for any event sponsored or co-
sponsored by the City if it is occurring on public property.
b. A special activity permit application must be completed and submitted to the Development
Services Department for review by City staff at least 60-days in advance of the activity for
special activity permits that are required to go before City Council for approval and 21-days
for special activity permits that only require Staff approval. The application must include
specific dates and times of the planned activity (including set up and demobilization),
number and types of vendors, types and hours of entertainment, specific parking layouts.
quantity and number of sanitary facilities. If the application is for a charitable event/activity,
sufficient information (financial, medical and/or socio-economic) must be provided for a
clear determination that the event meets the criteria of a charitable event/activity. Hours for
outdoor entertainment/amplified sound are described in Section 21-37.03 of this Article.
c. The completed special activity permit application and staff comments will be provided to the
City Council for review and consideration at the next regularly scheduled meeting for those
events that exceed all anticipated attendance of 2,000 people. City staff will notify affected
property owners within 500-feet of the site requesting the special activity permit from City
Council and the date and time of the City Council meeting in which the application will be
reviewed. The applicant shall provide names and addresses of each affected property owner,
obtained from the Volusia County Property Appraiser's office.
21-37.05—Special Activity Permit Criteria
a. The proposed activity will not result in unsafe ingress/egress for either pedestrians or
vehicles.
h. The proposed activity shall comply with the appropriate Florida Fire Prevention Codes
conditions.
Rev 08/19/14(Land Development Code)
111-29
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 5500,000 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
structure and must be removed with five (5) days of completion of the special activity. The
Building Official and Fire Marshal shall verify such compliance is obtained.
21-37.07—Inspections to Ensure Compliance
The City shall provide scheduled and unscheduled inspections prior to and/or during the special
activity by police, fire, code enforcement. 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 enforcement 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.
21-37.08—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
sponsor/promoter who violates any of the conditions of the special activity permit more than one
time in a six-month period.
Re' 08:12'1d(Land Development Code)
III-30
21-37.09—Exceptions
Any special activity sponsored/promoted by a civic group or non-profit organization or co-
sponsored by the City of Edgewater may be exempt from any and all fee requirements. This
decision shall be rendered by the City Council and any waiver granted regarding these
requirements is only binding and applicable upon that one activity or portion thereof and shall
not mean that the sponsor/promoter has any rights to future waivers.
SECTION 21-38—FENCES,WALLS and HEDGES
21-38.01 —Purpose
The purpose of this Section is to set forth the standards necessary to regulate the use of fences.
21-38.02—General Requirements
The following regulations shall apply to the erection of fences, walls and hedges.
a. All fencing materials must comply with the definition in Article II.
b. All fences shall comply with the provisions of the applicable building codes and are required
to obtain a building permit.
c. Fences may be located in all front, side and rear yard setback areas and directly on property
lines, provided that if a fence encroaches into a utility access easement or right-of-way, the
City shall not be responsible.
d. The maximum allowable height of all fences located in the front yard setbacks and river front
lots of residential property not subject to site plan review shall be four feet (4'). Fences
located in these areas must be non-opaque (50% visibility). The maximum allowable height
of all other fences in residential areas shall be six feet (6') including side corner yards and
meet the site triangle requirements. Six (6') foot fences on side corner lots shall be setback
ten feet (10') from the property line. In commercial and industrial areas no fence shall
exceed ten feet (10') feet in height unless otherwise approved as part of a development plan
and meet the site triangle requirements. The filling or berming of property solely for the
purpose of creating a barrier that exceeds the height requirements contained herein is
prohibited.
e. Concrete block walls shall be constructed with appropriate reinforcement as determined by
the Building Official. Block walls shall be stucco and painted to compliment the surrounding
character of the area.
E All fences shall be erected with the finished side facing outward or away from the enclosed
screened area. The "good-side" (side without posts) of fence shall be facing public view.
Rev 08/19/14(Land Development Code)
111-31
g. Approval to exceed maximum height limitations may be granted by the Development
Services Director/Planning Director subject to either of the following
I. The enclosed or screened area is sufficiently lower than adjoining lands to render
a fence of the maximum allowable height inadequate for its intended purpose.
2. The area to be enclosed or screened contains a nuisance or a hazard that cannot
adequately he encompassed or obscured by a fence of the maximum allowable
height.
It Fences with barbed wire shall be prohibited in conjunction with residential development. In
nonresidential development, up to three(3) strands of barbed wire may be installed at the top
of a fence. For regulatory purposes, barbed wire shall not be included in the measurement of
the fence height. In no case shall barbed wire be allowed to overhang or extend outside of
the property lines of the site on which the fence is installed, nor shall any barbed wire he
installed at a height of less than six-feet (6') with the exception of agriculturally zoned
property.
i. Electric or electrified fences shall he prohibited except in agriculturally zoned districts for the
containment of livestock.
j. Customary fencing around public recreational amenities shall be exempt from height
restrictions.
k. Opaque fencing shall not be permitted on lots fronting on large lakes, rivers, golf courses or
other common areas deemed as an aesthetic amenity.
I. Fences shall conform to the"site-triangle" requirements as set forth below:
21-38.03—Site Triangle Requirements
a. Nothing shall be erected, planted or placed in a manner as to materially impede vision
between a height of two and one-half feet(2 Y') to ten feet(10') above the intersecting street
right-of-way lines. The site triangle shall be measured fifty feet (50') in each direction from
the intersecting right-of-way lines.
These regulations may also apply in commercial ingress and egress driveway areas if the
TRC determines that a safety hazard may exist.
(See Site Triangle Diagram on the following page)
Rev 08'19/11 (Land Development Code)
111-3 2
El, LINE OF VIS!BILIT4
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Rcv 08/I9/ I(I.and Dcc clopmcnt Code)
111-33
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.
c. The Pain Clinic shall not be operated by or have any contractual or employment relationship
with a physician:
I. 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, count) or state.
it Pain Clinics are prohibited from having an on-site pharmacy for Controlled Substance
Medication.
Re■ 08/14'14(Land Development Code)
111-31
It. There shall be no on-site sale or consumption of alcoholic beverages on the property
containing a Pain Clinic.
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.
I. 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 (I) parking space per ten (10) gross square feet of waiting
room area, two (2) parking spaces per one (I) 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.
Rev 08/19/14(Land Development Code)
III-35
ARTICLE V
SITE DESIGN CRITERIA
SECTION 21-50-GENERAL PROVISIONS V-3
21-50.01 - Purpose V-3
21-50.02 - Minimum Site Dimensions V-3
SECTION 21-51 - UTILITIES V-6
21-51.01 - Comprehensive Plan Reference V-6
21-51.02 - General Requirements V-6
21-51.03 - Utility Easements V-7
SECTION 21-52-VEHICLE /PEDESTRIAN CIRCULATION REQUIREMENTS V-7
21-52.01 - Comprehensive Plan Reference V-7
21-52.02 - Access/Driveways V-8
21-52.03 - Drive-Up Facilities Standards V-9
21-52.04 - Sidewalks V
21-52.05 - Street Design Standards V 1444
21-52.06 - Public Recreation V-13
SECTION 21-53-STORMWATER MANAGEMENT REQUIREMENTS V-15
21-53.01 - Comprehensive Plan Reference V-L5
21-53.02 - Permit Authority V-I5
21-53.03 - Exemptions to Permit Requirements V-I6
21-53.04 - General Design Standards V-16
21-53.05 - Site Attenuation Standards V-18
21-53.06 - Positive Outfall Standards V-I8
21-53.07 - Shoreline Protection Standards V-20
21-53.08 - Svstem Maintenance Standards V-20
21 53.09- Storm water Permit Application V-2I
21-53.10- Plan Adherence V-21
21-53.11 - Enforcement V-22
SECTION 21-54 -LANDSCAPING REQUIREMENTS V-23
21-54.01 -Comprehensive Plan Reference V-23
21-54.02 - Installation Standards V-23
21-54.03 - Parking Lot Landscaping Requirements V-24
2154.04 - Buffer Yard Determination Process V-25
21-54.05 - Buffer Yard Installation Standards V-27
SECTION 21-55-TREE PROTECTION REQUIREMENTS V-28
21-55.01 - Comprehensive Plan Reference V-28
21-55.02-Tree Removal Permit V-28
21-55.03 - Tree Removal Permit Standards V-29
21-55.04- Exemptions V-30
21-55.05 - Historic Trees V-30
21-55.06 - Specimen Trees V-3I
21-55.07 - Historic and Specimen Tree Protection Requirements V-3I
21-55.08 - Area Tree Protection Requirements V-32
I1cc. 8/19/14(LandDevelopmentcede) V-I
21-55.09 - Installation Requirements V-32
21-55.10 - Enforcement V-33
SECTION 21-56—PARKING AND LOADING REQUIREMENTS V-33
21-56.01 - Comprehensive Plan Reference V-33
2156.02 - Off-Street Parking Standards V-33
21-56.03 - Handicapped Parking Standards V-38
21-56.04-Joint Parking Use Agreements V-38
21-56.05 - Loading Berth Standards V-38
SECTION 21-57 - PLANNED UNIT DEVELOPMENT DESIGN CRITERIA V-40
21-57.01 - Comprehensive Plan Reference V-40
21-57.02 - Residential Planned Unit Development (RPUD) V-40
21-57.03 - Business Planned Unit Development(BPUD) V-41
21-57.04 - Industrial Planned Unit Development(IPIJD) V-42
21-57.05 - Mixed Use Planned Unit Development(MUPUD) V-43
21-57.06- Sustainable Community Development Planned Unit Development(SCD/PUD)V-44
Article V
-ii-
Rev.8/19/14(1 andlevelopmcmCode) V-2
ARTICLE V
SITE DESIGN CRITERIA
SECTION 21-50- GENERAL PROVISIONS
21-50.01 - Purpose
The purpose of this Section is to establish site design and development criteria for all
public/private development and redevelopment. Pursuant to the requirements of Florida Statutes,
all plans submitted for review by the City shall be signed and sealed by the appropriate
professional person.
In addition to City-wide site design criteria contained in this Article, the City of Edgewater has
adopted the Indian River Boulevard-S.R. 442 Corridor Design Regulations and the Ridgewood
Avenue Corridor Design Regulations, which arc incorporated as Article XVIII and Article XX
respectively in this Land Development Code. Requirements contained in Article XVIII, Indian
River Boulevard-S.R. 442 Corridor Design Regulations and Article XX, Ridgewood Avenue
Corridor Design Regulations, are applicable to properties within each respective design overlay
district and include site design and architectural design criteria that supersede the requirements
set forth in this Article. A copy of these regulations and illustrations for design are available for
purchase at City Hall, It is the Developer's responsibility to obtain a copy of the regulations for
the Overlays prior to conceptual design layout.
21-50.02 - Minimum Site Dimensions
Table V-I depicts the minimum lot size, setbacks- height, building coverage and floor area
requirements for each zoning category.
Minimum site dimensions may be administratively waived if non-conforming sites are created by
eminent domain activities (State, County or City).
Rev.8/19/14(I.andDevelopmentCodc) V-3
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TABLE V-1 FOOTNOTES
(I) 50 feet upland from mean high water line.
(2) Setbacks for single family homes in multifamily zoning districts shall be the same as the
R-2 District.
(3) 50 feet when adjacent to residential zoning/use.
(4) 25 feet upland from wetlands segetation.
(5) 2 story dwellings shall increase side setback additional 5 feet on river, lakes, golf course
& common open space.
(6) From cartway.
(7) Zero setback abutting RR.
(9) Abandoned/non-developed streets in Florida Shores require a ten (10) feet side corner
setback.
(10) 3 or more units shall comply with density and other requirements for site plan approval.
(II) Side corner lots shall have two (2) side yard setbacks. no rear.
(12) Side corner setbacks shall be the same as front yard.
(13) Minimum lot square footage shall be calculated based on the minimum lot width.
minimum lot depth. and/or uplands area.
(14) All properties located on SR 442 shall have a forty foot(40') setback from the new right-
of-way lines.
(15) Single family or duplex uses in the R-4 and R-5 district shall have a minimum lot size of
75 feet by 115 feet.
(16) Commercial gasoline pump island canopies setbacks shall he at least 20-feet from the
front property line and five (5)-feet from the side property line.
Re■. 8,19/14(1 andDccclopmcntC ode) V-5
SECTION 21-51 - UTILITIES
21-51.01 - Comprehensive Plan Reference
The provisions of Section 21-51 - Utilities are consistent with and implement the Comprehensive
Plan contained in the Future Land Use Element and Utilities Element.
21-51.02 - General Requirements
a. All development shall comply with the appropriate sections of Article XI (Concurrency
Management System).
b. All new development shall connect to the City's water and sewer system. New package
plants and/or on-site treatment systems (septic tanks) are prohibited. Temporary package
plants may be permitted if City-owned water and sewer collection and distribution system
improvements are planned.
c. All new development shall be required to connect to the reclaimed water system, if available.
Dry lines may be required for future reclaimed water system service.
d. All groundwater used in water-to-air heating and air conditioning systems must be directed to
landscape irrigation systems. groundwater injection or exfiltration systems.
e. All development shall comply with the current SJRWMD water conservation requirements.
f. All development shall pay the adopted City and County impact and development fees.
g. All multifamily,commercial and industrial development shall be required to install backflow
preventers.
h. All multifamily, commercial and industrial development shall be required to locate and
install fire protection appliances pursuant to the criteria established in Article XVI.
i. The developer shall obtain approved plans from appropriate electrical utility provider for
street light design. All new developments shall be required to create a streetlight assessment
district to fund installation and operation/maintenance expenses. The streetlight district will
be under the control of the homeowner's association. Streetlights shall be generally provided
at all intersections and at intervals of no more than 300 feet apart along each street.
j. All utility transmission lines in a new subdivision shall be installed underground.
k. The City may require the oversizing of a utility line to serve future customers. The City shall
be responsible for payment of the oversizing of the utility line.
I. Valves shall be spaced at a maximum of 1,000 feet along all water mains.
Rev. 8/19/14(LandDevelopmentCode) V-6
m. All water mains shall be looped to provide adequate pressure and system redundancy.
n. All water systems designs shall maintain 20 psi residual pressure during maximum demand
on the system.
o. Manholes shall be spaced at all change in pipe slope and direction and at intervals no greater
than 400 feet.
p. Fire hydrants shall be installed only on a water main of six (6) inch and larger.
q. All construction shall comply with the City's Standard Construction Details.
21-51.03 -Utility Easements
a. All new electric, telephone, fiber optics, cable television and other such lines (exclusive of
transformers or enclosures containing electrical equipment)and gas distribution lines shall be
placed underground within easements or public rights-of-way
b. Lots abutting existing easements or public rights-of-way where overhead electric, telephone
or cable television distribution supply lines and service connections have previously been
installed may continue to be supplied with such services using the overhead facilities.
c. When a developer installs or causes the installation of water, sewer, gas, electrical power,
telephone or cable television facilities and intends that such facilities shall be owned,
operated or maintained by a public utility, the developer shall transfer to such utility the
necessary ownership or easement rights to enable the utility or entity to operate and maintain
such facilities.
SECTION 21-52- VEHICLE/PEDESTRIAN CIRCULATION REQUIREMENTS
21-52.01 - Comprehensive Plan Reference
The arrangement,character. extent, width. grade and location of all streets shall be considered in
their relation to existing and planned streets, topographical conditions, public convenience and
safety and in their appropriate relation to the proposed uses of the land to be served by such
streets. The provisions of Section 21-52 - Vehicle/Pedestrian Circulation are consistent with and
implement the Comprehensive Plan contained in the Future Land Use Element and
Transportation Element.
The regulations and requirements as herein set forth are intended to provide legal access to all
parcels of land or development within the City and to control vehicular movements thereof to
facilitate safe vehicle and pedestrian patterns.
Rev.x 19/14(LandDcvelopmentcodc) V-7
21-52.02 -Access/Driveways
a. Prior to issuance of a building permit, all parcels, lots or new development shall have access
to an improved public road or private road.
b. Driveway access to any corner lot located on a local street (City maintained) shall be located
or relocated a minimum of forty feet(40') from the intersection of right-of-way lines of other
local streets and a minimum of one hundred feet(100') from the intersection of right-of-way
lines on all other functionally classified streets.
c. No driveway shall be located or relocated closer than six hundred sixty feet (660-) to an
intersection on an arterial roadway (USI, SR 442) and three hundred thirty feet (330') on
major collector roadways (Park Avenue, Airpark Road, Old Mission Road, Roberts Road,
Volco Road). Driveways shall conform to current FDOT turning radius standards.
d. The City shall have the authority to require the creation, use and maintenance of common,
joint-use driveways or other common ingress/egress facilities which provide access to two
(2) or more lots, parcels or developments, when such joint use driveways are needed to
protect. maintain or improve public traffic safety (see 21-57.04). Creation of joint use
driveways shall be by recorded legal agreement provided that in all cases the agreement
must:
I. Hold the City harmless from any and all claims or potential liability;and
2. Be recorded in the public records of Volusia County, Florida prior to issuance of a
building permit: and
3. Must run with the lands involved and be binding on the parties to agreement, their
successors or assigns.
e. Adjacent(same side of the roadway) single family and duplex residential driveways shall be
paved with materials approved by the City including the apron and separated by a minimum
of ten feet(10-) as measured driveway edge to driveway edge. No driveway shall be closer
than five feet (5') to any lot line or encroach into any side or rear easement. At a minimum,
access driveways to vacant lots shall be paved in the right-of-way from existing pavement to
the lot line.
I Adjacent nonresidential driveways shall be separated by a minimum of forty feet (40') as
measured driveway edge to driveway edge, unless there is a recorded joint access agreement.
g. To the extent reasonably possible, driveway access to nonresidential land uses shall line up
with driveways across the street.
h. All non-residential parcels shall be limited to one access point per street.
i. Non-residential land uses or developments (including parking lots) shall not connect to, have
access to or primarily use any local residential street. unless:
Reu_8''19/11(LandDeveloprnentCodc) V-8
I. No other site access (including joint use driveways with other parcels) is possible.
2. All traffic, site, and environmental conditions of the subject site, street, and
neighborhood are, or will be suitable and compatible to accommodate the
anticipated traffic, environmental and aesthetic impacts of the proposed
nonresidential use or development without significant adverse impacts to
neighborhood and the City as a whole. The site evaluation/traffic analysis report
shall be submitted by the project applicant for the City's review and approval.
j. The City may require dedication of access rights to the City to control future ingress and
egress.
k. Driveways shall have a minimum width of nine feet (9') for access way serving residential
uses, a minimum width of twenty feet(20-) for double access ways and twelve feet(I2') for
single access ways serving multi-family or non-residential areas.
I. The City shall have the authority to require the reduction of the number of or width of
existing driveways for any modifications to an existing structure, parking area or current
property uses.
m. Driveways for single-family residential properties equal to or_greater than one(I) acre shall
be paved from the access point to the minimum front yard setback for the property's
respective zoning district.
n. All construction shall comply with the City's Standard Construction Details.
21-52.03 - Drive-Up Facilities Standards
All facilities providing drive-up or drive-through service shall provide on-site stacking lanes in
accordance with the followine standards:
a. The facilities and stacking lanes shall be located and designed to minimize turning
movements in adjacent streets and intersections.
b. The facilities and stacking lanes shall be located and designed to minimize or avoid conflicts
between vehicular traffic and pedestrian areas such as sidewalks, crosswalks or other
pedestrian access ways.
c. A by-pass lane shall be provided so that the full aisle width is provided for parking
maneuvers.
d. Stacking lane distance shall be measured from the point of entry nearest the drive-through
area to the center of the farthest drive-through services window area.
e. Minimum stacking lane distance shall be as follows:
Rev.8/19111(LandDcvelopmcntCodel V-9
I. Financial institutions shall have a in inimum of one stacking lane with a minimum
distance of one hundred seventy five feet(175')per lane.
2. Restaurants, full service car washes and day care facilities shall have minimum
stacking distance of two hundred feet(200').
3. Self service car washes (per bay) and dry cleaners shall have a minimum stacking
distance of sixty-five feet(65').
4. Other uses may require the City to determine the stacking distance on a case-by-
case basis.
5. Facilities not listed above with more than one(I) drive-through lane shall provide
one hundred feet (100') of stacking distance per lane measured from the point of
entry to the center of the furthest service window area.
6. Drive-Through Separate from Other Circulation: The drive-through lane shall he
a separate lane from the circulation routes and aisles necessary for ingress and
egress from the property or access to any off-street parking spaces.
f. Alleys or driveways in or abutting areas designed. zoned, or developed for residential use
shall not be used for circulation of traffic for drive-up facilities.
g. Where turns are required in the exit lane, the minimum distance from any drive-up station to
the beginning point of the curve shall be thirty-four feet (34'). The minimum inside turning
radius shall be twenty-five feet(25').
21-52.04- Sidewalks
A system of sidewalks shall be provided by the developer to provide safe movement of
pedestrians separately from motor vehicles.
a. Sidewalks shall be required on both sides of streets in all new development projects and
redevelopment projects. In lieu of sidewalk installation, funds may be paid to the Pedestrian
System Development Fund. Installation of the sidewalk or payment into the above referenced
Fund shall be at the discretion of the TRC (Technical Review Committee).
b. The sidewalk shall be constructed in the dedicated right-of-way.
c. All sidewalks shall have a minimum width of four feet (4') and be separated by at least four
feet (4') from the road edge and comply with the City's Standard Construction Details.
d. As an alternative in residential areas, sidewalks may be provided within rear lot easements or
common open space areas as part of an approved development plan.
e. Sidewalks shall connect to existing pedestrian circulation facilities for all projects within a
distance and/or radius of 1,000-feet.
Rev.8/19/14(LandDcvelopmenteodc) V-10
21-52.05- Street Design Standards
a. The arrangement, character, extent, width, grade and location of all new and improved streets
shall conform to the adopted Comprehensive Plan now in existence or as may hereafter be
adopted and shall be considered in their relation to existing and planned streets, to
topographical conditions, to public convenience and safety and in their appropriate relation to
the proposed uses of the land to he served by such streets.
Where such is not shown in the Comprehensive Plan now in existence or as may hereafter be
adopted, the arrangement of streets in a subdivision shall either:
1. Provide for the continuation or appropriate projection of existing major streets in
surrounding areas, or
2. Conform to a plan for the neighborhood or be aligned to meet a particular
situation where topographical or other conditions make continuance or
conformance to existing streets impractical.
b. All new streets to be established within a subdivision shall meet the following minimum
design standards.
I. Local streets. Local streets shall be laid out so that use by through traffic will be
discouraged.
2. Subdivisions on arterial streets. Where a subdivision abuts or contains an existing
or proposed arterial street, the subdivider shall provide reverse frontage lots with
a planting screen contained in a non-access reservation along the rear property
lines or such other treatment as may he necessary for adequate protection of
residential properties and to afford separation of through and local traffic.
3. Intersection designs. Streets shall be laid out and aligned to intersect as nearly as
possible at right angles and no street shall intersect at less than sixty (60) degrees.
Street jogs and intersections with centerline offsets of less than one hundred fifty
feet (150') shall be prohibited. Multiple intersections involving the juncture of
more than two (2) streets shall be prohibited. A minimum sight distance of t o
hundred feet (200') from any intersection shall be maintained on intersecting
streets; however, this requirement shall not he construed as requiring an increase
in the minimum allowable intersection separation of one hundred fifty feet(150').
4. Proposed streets shall be designed to provide access to adjoining unsuhdivided
tracts at logical locations for future subdivisions.
5. A minimum of two points of access shall be provided into each subdivision of
twenty-five (25) lots or more. Where adjoining existing development and code
requirements preclude the development of two public street access points, an
unobstructed driveable access way may be substituted.
6. Right-of-way line intersections shall he rounded with a minimum radius of
twenty-five feet (25.). A greater radius may be required on collector or arterial
roads, or where road construction details require.
7. Minimum street design specifications. All streets to be established in a
subdivision shall be graded to their full required right-of-way width and designed
in accordance with the following minimum right-of-way specifications:
Na. g/19/14(I.andIe'e lopment(ode) V-I I
Arterial 150 ft.
Collector 100 ft.
Local 60 ft- (open drainage)
50 ft. (curb and
gutter)
8. Cul-de-sac. All cul-de-sacs shall comply with the requirements contained in the
Standard Construction Details.
9. Street access to adjoining property. Street stubs to adjoining unplatted areas shall
be provided when required to give access to such areas or to provide for proper
traffic circulation. Street stubs in excess of two hundred fifty feet (250') shall be
provided with a temporary cul-de-sac turnaround. The developer of the adjoining
area shall pay the cost of restoring the street to its original design cross-section
and extending the street.
10. Street names. Street names shall not be used which will duplicate, be
phonetically similar or be confused with the names of existing or other proposed
streets, except that new streets which are an extension or in alignment with
existing streets shall bear the same name as that borne by such existing streets.
All courts and circles shall have one name only. All street names shall be
submitted with the preliminary plat to the County of Volusia prior to final plat
approval for 911 verification.
I I. Street name signs. pavement markings and regulatory signs. Required signs shall
be in place prior to acceptance by the City. All signing and pavement markings
shall be in accordance with "USDOT Manual on Uniform Traffic Control
Devices". All pavement markings shall be thermoplast. Street name signs shall
be a minimum of six inches (6") in height with letters four inches (4") in height.
At cross-section intersections, two (2) street signposts shall be located diagonally
across the intersection from each other. Only one street signpost shall be required
at T-street intersections. Thirty inch (30") "STOP" signs shall be required at each
street intersection unless otherwise approved or required by the TRC.
c. Construction
Basic construction requirements for roads are as follows:
1. Residential roadway pavement shall consist of 1-1/4 inches of compacted Type S-
I asphalt over an eight inch (8") soil cement or limerock base,over an eight inch
(8") compacted subbase. Alternative concrete pavements may be approved.
2. Commercial roadway pavement shall consist of two inches (2") of compacted
Type S-I or S-Ill asphalt, over an eight (8") compacted limerock or six inch (6)
compacted soil cement base over a twelve inch (12") compacted shellrock
stabilized subbase.
3. All new roads shall have concrete curbs. Miami curbs are required on local
streets with vertical curbs for enclosed drainage on major collector and arterial
roads.
4. The remainder of the right-of-way shall be cleared,graded and sodded.
5. Signs for street identification and traffic control shall be installed by the City at
Rev.8/19114(IandDevclopmentCode) V-1 2
the developer's expense. Signs shall be based on the requirements of the Federal
Highway Administration Manual of Uniform Traffic Control Devices, current
edition or other City specifications.
d. Alleys. In single-family residential districts alleys shall be discouraged, but may be required
in other than residential districts to provide for proper traffic circulation. When provided in
any district, alleys shall have a minimum right-of-way width of thirty feet(301.
e. Easements. Easements for utilities, including water, wastewater, electric, cable, telephone
and gas and drainage easements, shall be provided as follows:
1. Utilities. Utility easements centered on side or rear lot lines shall be provided
where deemed necessary and shall be at least fifteen feet (15') in width.
Additional width may be required for wastewater and/or drainage easements.
Side lot line easements may be decreased to ten feet(10') in width when serving a
single electric or telephone utility.
2, Drainage. Where a proposed subdivision is transversed (traversed) by or abuts a
watercourse, drainage way or stream, a conservation and stormwater easement or
drainage way, canal or stream and such further width or construction or both as
will be adequate for the purpose shall be provided. Where a drainage way or
canal exists or is proposed, a maintenance easement approved by the City shall be
provided.
3. Access waterways. Waterways which are constructed or improved for the purpose
of providing access by the water to lots within a subdivision shall have a
minimum easement or right-of-way width of one hundred feet (100'). except
where adequate shoreline protection is provided, the minimum right-of-way may
be reduced to sixty feet(60').
f Turn lanes - A left turn lane shall be provided at each access point with an average daily trip
end of 1 .000 vehicles and/or more than 25 peak hour left turn movements. A right
turn/deceleration lane shall be provided when the posted speed limit equals or exceeds 35
miles per hour or if the proposed development will generate 100 or more peak hour right turn
movements. Turn lane requirements shall be provided on all immediately adjacent roadways
affected by any development/redevelopment project unless deemed unfeasible/impractical by
the TRC.
21-52.06 - Public Recreation
a. Requirements. If a proposed development exceeds the required Level of Service standards
for Public Recreation, as set forth in Section 21-46 and 21-135, the developer shall deed said
land to the City or I lomeowner s Association, pay a fee in lieu thereof or provide a
combination of the above at the option of the City Council. This condition shall be met prior
to final plan approval.
b. General Standard
Recreation impacts of proposed development shall be based on the anticipated population
within said development and is calculated by the following formula:
Re‘.s/19/14(LandDcvelopmcntCode) V-1 3
Unit Type Pop.iUnit
Single Family Residential 2.5
Duplex 2.3
Multi-Family Residential 2.0
Mobile/Manufactured Home 2.0
c. Formula for fees in (lieu of/ land conveyance.
I. If it is determined that the proposed development does not include any land
designated by the Edgewater Comprehensive Plan as Recreation, to serve the
immediate and future needs of the city residents and the developers are unable to
provide Recreation lands outside the proposed development that are so designated
and is required by Section 21-135, then the developer shall, in lieu of conveying
land, pay a fee to the city equal to the value of land acreage as provided by the
current Volusia County Property Appraiser's assessed value for the nearest park
or land deemed open space.
d. Use of Fees. The fees collected hereunder shall be paid to the City of Edgewater. All such
fees shall be placed in a reserve account in trust with the general fund and shall be known as
the reserve trust for lands for parks and open space. Moneys within the reserve account shall
be used and expended solely for the acquisition, improvement, expansion of city parks and
open space land and to provide recreational equipment, facilities and land improvements as
determined by the City Council. (Ord.No 84-0-37, FS, 1-7-85).
e. Criteria jbr requiring both conveyance and fee. In any development of over twenty-five (25)
dwelling units, the developer may be required to convey the land and pay a fee in accordance
with the following formula:
I. When only a portion of the land which the developer is required to convey for
parks is to be conveyed, such portion shall be conveyed for parks or a fee
computed pursuant to the provisions set out herein shall be paid to the City for
any additional land that the developer would otherwise have been required to
convey hereunder.
2. When most of the land designated as parks in the vicinity of the proposed
development is needed to complete the site, such remaining portion shall be
conveyed by the developer and a fee shall be paid by the developer in lieu of
conveying the additional land which the developer would otherwise be required to
convey and such fees to be used for the improvements of other city park land in
the area serving the development.
f. Determination ()pond or fee. The City Council shall determine whether to accept land or
require payment of the fee in lieu thereof, after consideration of the following:
1. Topography, geology access and location of land in the development available for
Rev_8/19/14(LandDcvelopmenteodc) V-l4
dedication;
2. Size and shape of the development and land available;
3. The feasibility of conveyance;
4. Availability of previously acquired parks property;
5. Whether the developer owns or controls other land designated in the Edgewater
Comprehensive Plan or other lands: and
6. Accessibility.
g. Procedure_ In subdivisions requiring plat approval, the developer shall agree in writing to
convey land for parks or pay a fee in lieu thereof or a combination of both. The City Council
shall consider the request after a recommendation from the Leisure Services Department and
the Planning and Zoning Board at the time of approval of the preliminary plat. At the time of
approval of the final subdivision plat the developer shall convey the land and pay the fees as
previously determined by the City Council, but not later than issuance of a building permit.
SECTION 21-53 - STORMWATER MANAGEMENT REQUIREMENTS
21-53.01 - Comprehensive Plan Reference
The intent of this Section is to provide regulations that ensure post-development stormwater
runoff rates/volumes that do not exceed the pre-development rates/volumes and to prevent
erosion, sedimentation and flooding to the maximum extent possible, and to prevent illicit
discharge and/or illicit connections to the stormwater system. The provisions of Section 21-53-
Stormwater Management are consistent with and implement the Comprehensive Plan contained
in the Future Land Use Element, Utilities Element, Coastal Element, Conservation Element and
the National Pollutant Discharge Elimination System Permit(NPDES).
21-53.02 - Permit Authority
No development activity can occur without obtaining a stormwater permit from the City and/or
the St. Johns River Water Management District(SJRWMD) as provided herein. It is the intent
of the City to accept stormwater permits issued by the SJRWMD in lieu of a City required
permit. Development below thresholds or the SJRWMD shall require a City stormwater permit.
The following activities may potentially alter or disrupt existing stormwater runoff patterns and
shall require a permit prior to the initiation of any project:
a. Clearance and/or draining of land as an adjunct to construction;
b. Clearance and/or draining of nonagricultural lands for agricultural purposes;
c. Subdivision of land;
d. Replatting of recorded subdivisions;
c. Changing the use of land, or construction of a structure or a change in the size of
one or more structures;
f. Filling of depression areas;
g. Construction of a driveway that crosses a public swale or ditch.
h. Altering the shoreline or bank of any surface water body.
Itch_899:14(I.andDc..elopmentCode) V-U
21-53.03—Exemptions to Permit Requirements
The following activities shall be exempt from the formal stormwater permitting procedures of
this article:
a. Maintenance work on utility or transportation systems, if performed on established rights-of-
way or easements; provided such maintenance work does not alter the purpose and intent of
the system as constructed.
b. Maintenance work performed on mosquito control drainage canals.
c. Any maintenance, alteration, renewal, use or improvement to any existing structure not
changing or affecting the rate or volume of runoff or the impervious surface area.
d. The acceptance of a plat by the City Council in accordance with the subdivision regulations
or approval of a site plan, shall be construed to include an approval of the stormwater
management system and a separate permit under this Section is not required. Subsequent
changes or additions not reflected by the accepted plat. or site plan, however shall be subject
to the terms of this Article.
e. Any maintenance, alteration, renewal, use or improvement to all existing structure that does
not increase the rate or volume of stormwater runoff The City will recognize exemptions
given by the SJRWMD, provided the exemption and design standards comply with the City
Land Development Code and/or Standard Construction Details.
Ti Construction of any new structure that consumes less than 1,000 square feet of impervious
surface per parcel The total impervious surface per parcel shall not exceed 1,000 square feet
to qualify, for this exemption.
21-53.04 - General Design Standards
a. In general, the latest revision of the U.S. Department of Agriculture, Soil Conservation
Service's Technical Release No. 55 entitled A Urban Hydrology for Small Watersheds shall
be used in the stormwater designs described herein. However, the City Engineer may
authorize the use of alternative methodology if similar results are produced.
b. Three (3) copies of the stormwater calculations prepared by a licensed professional engineer
shall be submitted for all proposed development permits not requiring a SJRWMD permit.
c. Innovative approaches to stormwater management shall be encouraged and the concurrent
control of erosion, sedimentation and flooding shall be mandatory. Best Management
Practices (BMPs) shall be used in controlling stormwater runoff prior to discharge to the
City's MS4 or waters of the United States.
d. On-site pollution abatement shall be provided for no less than one-half-inch runoff depth
Rea 8719/14(1.andlkvelopmenteodc) V-16
over the entire project area.
e. Pollution abatement shall be provided through retention where the project soils allow the
process to occur. If one hundred percent (100%) of the retention volume is not capable of
evacuation within seventy-two (72) hours through percolation and evapo-transpiration,
detention with filtration shall be used.
f. Other alternative methods, such as wet detention with controlled bleed down, are acceptable
at the discretion of the City Engineer. provided a permit from the SJRWMD is obtained.
g. All project areas greater than one quarter (1/4) acre shall also calculate the retention volume
based upon the runoff generated from the first one inch 0I1 of rainfall and be calculated as
the total percentage of impervious surface, including pond surface area, multiplied by one
inch of rainfall. If the runoff depth does not exceed one half-inch, one-half inch shall he used
as the runoff value.
h. The use of filtration systems is not permitted. If no other stormwater treatment method is
available, the TRC may approve the use of filtration systems (underdrain or exfiltration) and
shall require a minimum of two (2) soil borings that detail soil profile, seasonal high water
table and any pertinent percolation rates at the filter site location by a certified geotechnical
engineer registered in the State of Florida.
i. All projects that qualify for SJRWMD Surface Water Management Permits pursuant to
Chapter 40C-42, PAC. shall provide copies of the permit application and calculations to the
Development Services Department as part of the site review process. Final District approval
shall be granted prior to issuance of Development Order or any construction permits.
j. All projects that qualify for a FDEP - NPDES Permit pursuant to Chapter 62-621, F.A.C.
shall provide copies of the Notice of Intent and all attachments to the Development Services
Dcpartment as part of the site review process. Two (2) copies of the Erosion & Sediment
Control Plan shall be submitted.
k. The post-development discharge rate and volumes shall not exceed the pre-development rates
in a 100 year/3 day storm event for land-locked basins and 25 year/24 hour storm event for a
positive outtall basin.
I. All rainfall amounts shall be interpolated from the hydrograph contour in the latest version of
TR- 55 for the particular area of the City.
m. The peak discharge rate from a des-eloped or redeveloped site shall not exceed the peak
discharge rate prior to development or redevelopment.
n. No site alteration shall cause siltation of wetlands, pollution of downstream wetlands, reduce
the natural retention or filtering capabilities of wetlands.
o. No site alteration shall allow water to become a health hazard or contribute to the breeding of
Rec.81914(LandDevelopmemCode) V-17
mosquitoes.
p. All stormwater design shall be consistent with the City's Standard Construction Details.
21-53.05 - Site Attenuation Standards
a. Proposed stormwater management facilities must be designed to meet the minimum design
performance criteria, for both water quality treatment and attenuation. established by the
SJRWMD within Chapters 40C-4, 40C-40, 40C-41 and 40C42, F.A.C. (or current chapters).
Plans and computations shall be signed, sealed and dated with a readable signature.
I. Stormwater management systems shall comply with accepted engineering
practices to minimize pollution, remove oils and suspended solids and other
objectionable material contained within the stormwater runoff to acceptable
limits, as well as employ Best Management Practices.
21-53.06- Positive Outfall Standards
a. A positive drainage outfall system shall be provided to a public conveyance which does not
adversely impact downstream owners or adjacent lands, nor redirect preexisting runoff to
previously unaffected lands. A drainage easement shall be required for outfall systems which
affect private property.
b. In the case of preexisting flooding downstream, the City Engineer may allow the relocation
of the natural outfall if it can be shown that:
I. Redirection of water will help mitigate downstream flooding problems.
2. Land receiving new upstream discharge demonstrates the capability to handle
additional upstream discharge.
3. The owner(s) of new receiving land presents an acknowledgment and acceptance
of the outfall flows.
4. All stormwater discharge to Class II Waters, principally the Indian River Lagoon,
shall meet the requirements of Chapter 62-302, F.A.C.
5. The seasonal high water table shall not be reduced if adverse effects on wetlands
or increased flows to the detriment of neighboring lands result.
e. Stortnwater Discharges to the MS4 and Waters of the United States
I. Discharges to the City's MS4 shall be controlled to the extent that such discharges
will not impair the operation of the MS4 or contribute to the failure of the MS4 to
meet any local, state or federal requirements, including but not limited to, NPDES
Permit ID No.FLRO4E016. Discharges to the waters of the United States shall be
controlled to the maximum extent practicable as defined in the NPDES Permit ID
NO. FLRO4E016.
2. Any person responsible for discharges determined by the City to be contributing
to the failure of the City's MS4 or waters within the City shall comply with the
Rev.8/19/11(1,andDevelopmcntCode) V-1 8
provisions and conditions of NPDES Permit ID No. FLRO4E016 and shall
provide corrective measures within 30 days of notification by the City and shall
be subject to payment of fines and damages.
d. Stormwater Discharges from Industrial and Construction Activities
I. Stormwater discharges from industrial activities shall be treated or managed on
site, in accordance with appropriate federal, state or local permits and regulations
prior to discharge to the City's MS4 or to waters of the United States.
2. Stormwater discharges from construction activities shall be treated or managed on
site in accordance with appropriate federal, state or local permits and regulations
prior to discharge to the City's MS4 or to waters of the United States. Erosion.
sediment and pollution controls for the construction site shall be properly
implemented, maintained and operated according to a pollution prevention plan
required by an NPDES permit for the discharge of stormwater from construction
activities or according to a state permit issued by the Florida Department of
Environmental Protection or the St. Johns River Water Management District.
3. The owners or operators of industrial facilities and construction sites which will
discharge stormwater to the City's MS4 or to waters of the United States within
the City limits shall provide written notification of the connection or discharge
prior to the discharge from the industrial activity or construction activity.
e. Prohibition of Illicit Discharges and Illicit Connections
I. Illicit discharges and illicit connections not exempt under the provisions of this
Article are prohibited.
2. Failure to report a connection from industrial activities or construction activities
to the City's MS4 or to waters of the United States constitutes an illicit
connection.
3. Failure to report a discharge from industrial activities or construction activities to
the City's MS4 or to waters of the United States constitutes an illicit discharge.
4. Any discharge to the City's MS4 or to waters of the United States which is in
violation of federal, state or local permits or regulations constitutes an illicit
discharge.
5. Persons responsible for illicit discharges or illicit connections shall immediately,
upon notification or discovery, initiate procedures to cease the illicit discharge or
illicit connection, or obtain appropriate federal, state. or local permits for such
discharge or connection.
I. Exemptions for Illicit Discharges and Illicit Connections
The following activities shall not be considered either an illicit discharge or illicit connection
unless such activities cause, or significantly contribute to, the impairment of the use of the
City's MS4 or the violation of the conditions of NPDES Permit No. FLR04E016.
a. Water line flushing
Re'_8/19/14(Iandl)ecelopmentCode) V-19
b. Flushing of reclaimed water lines
c. Street cleaning
d. Construction dust control
e. Landscape Irrigation
F. Diverted stream flows
g. Rising ground waters
h. Foundation and footing drains
i. Swimming Pool Discharges
j. Uncontaminated ground water infiltration
k. Uncontaminated pumped ground water
I. Discharges from potable water sources
in. Air conditioning condensate
n. Springs
o. Individual residential car washing
p. Flows from riparian habitat and wetlands
q. Discharges or flows from emergency fire fighting activities and
emergency response activities done in accordance with an adopted
spill/response action plan.
21-53.07 - Shoreline Protection Standards
a. Vertical seawalls and bulkheads are prohibited unless a variance is approved pursuant to the
requirements of Section 21-100. Hardening of the estuarian shoreline shall be permitted only
when other stabilization methods are not practical and erosion is causing a significant threat
to real property. Permits from the appropriate regulatory agency are required.
b. A 50 foot wide shoreline buffer zone upland from the mean high water mark along the Indian
River Lagoon is hereby established. Except as provided in subsection "d" below,the native
vegetation shall be maintained and no development shall he permitted.
c. All portions of the shoreline containing wetlands vegetation are subject to the requirements
of Section 21-41.
d. No more than twenty percent (20%) or twenty-five feet (25'), whichever is greater, of the
shoreline within property boundaries may be altered for reasonable access. Reasonable
access may include docks, boat ramps, pervious walkways and elevated walkways.
21-53.08- System Maintenance Standards
a. Except for systems accepted for City maintenance, property owners and/or occupants shall
ensure that all stormwater facilities are maintained in proper working condition.
b. The property owners of private systems shall execute an access easement to permit the City
to inspect and, if necessary, to take corrective action should the owner fail to properly
maintain the system(s).
Rev.8:1914(1.andDcvclopmenteode) V-20
c. Should the owner fail to properly maintain the system(s). the City shall give such owner
written notice of the nature of the corrective action necessary.
d. Should an owner fail to complete corrective action within thirty (30) days of the written
notice from the City, the City may enter the parcel, complete the corrective actions and
assess the costs of the corrective action to the owner.
e. All areas and/or structures to be maintained by the City must be dedicated to the City by plat
or separate instrument and accepted by the City Council upon a recommendation from the
City Engineer and Development Services Director.
21-53.09 - Stormwater Permit Application
a. A stormwater permit application is required for development activity as described in Section
21-53.02. The application shall include:
I. Non-residential Sites:
a. Detailed site plan prepared by a professional engineer or architect registered
in the state of Florida.
b. Topographic maps of the site before and after the proposed alteration, as
prepared by a professional engineer or land surveyor registered in the state.
c. General vegetation maps of the site before and after the proposed alteration.
d. Construction plans. specifications, computations and hydrographs necessary
to indicate compliance with the requirements of this Article, as prepared by a
professional engineer registered in the State of Florida. Construction plans
shall be readable with a minimum scale of one-inch (I") equals thirty feet
(30').
2. Residential Sites:
a. Map of the site as prepared by a professional engineer or land surveyor
registered in the state.
b. Proposed alterations with all impervious surface areas shown to scale on the
survey.
c. All proposed pond and/or swale dimensions and depths.
d. A statement expressing the intent and scope of the proposed project.
21-53.10 - Plan Adherence
a. Upon issuance of a stormwater permit, the applicant shall be required to adhere to the permit
as approved. Any change or amendments to the plan must be approved by the City Engineer
in accordance with the procedures set forth above.
b. All stormwater conveyance appurtenances including ponds and swales to rough grade shall
be in place prior to construction of any other improvements. Sodding or other erosion
control measures may be required during construction in order to control erosion and
sediment.
Rev.N/19/11(1.andIeveloprnenlCodel V-21
c. Structural controls and other BMPs used for controlling the discharge of pollutants to the
City's MS4 or to waters of the United States shall be operated and maintained so as to
function in accordance with permitted design or performance criteria and in compliance with
federal, state or local permit conditions and regulations.
d. After the completion of the project, the applicant or his engineer shall submit as-built plans to
the Development Services Department.
21-53.11 - Enforcement
In addition to the code enforcement remedies described in Article X, the City Engineer or the
City Manager(or his designee) is authorized to:
a. Issue written notice to the applicant specifying the nature and location of the alleged
noncompliance with a description to bring into compliance within a reasonable specified
time: and/or
b. Authorize the issuance of a stop-work order directing the applicant or person in possession to
cease and desist all or any portion of the work that violates the provisions of this Section if
the remedial work is not completed within the specified time.
Re'.8/19/11(LandDcvelopmentCode) V-22
SECTION 21-54 - LANDSCAPING REQUIREMENTS
21-54.01 - Comprehensive Plan Reference
The intent of this Section is to improve the appearance of the City, protect and improve property
values and establish an integrated system of landscaping and horizontal corridors that provide
visual accessibility to businesses. The provisions of Section 21-54 - Landscaping are consistent
with and implement the Comprehensive Plan contained in the Future Land Use Element, Utilities
Element and Recreation & Open Space Element
This Section applies to all proposed development and redevelopment. New subdivisions are
subject to the requirements of Article XI II. Properties located within the Indian River Boulevard
Overlay are subject to the requirements contained in Article XVIII - Indian River Boulevard
Corridor Design Regulations. Landscaping plans must be submitted as a component of
development approval.
The City of Edgewater encourages innovative water conservation planning, design and
techniques, including xeriscape landscaping methods as defined in Article II.
21-54.02 -Installation Standards
a. The property owner shall be responsible for the installation of required landscaping in
conformance with accepted commercial planting procedures.
b. The property owner shall be responsible to ensure that all required landscaping is maintained
in a healthy condition, including but not limited to, sufficient watering and trimming.
c. All plant materials used in conformance with the requirements of this Section shall be Florida
grade #1, as established, and periodically revised by the Florida Department of Agriculture
and Consumer Affairs.
d. Ground cover shall be planted so as to present a finished appearance and complete coverage
within twelve (12) months of installation.
e. Shrubs and hedges shall be non-deciduous species, shall be a minimum of twenty-four inches
(241 in height immediately after planting. Plants shall be spaced no more than three feet(3')
apart measured center to center. The number of shrubs required shall be determined by the
linear length of the lot perimeter divided by three.
£ Sod shall be used in road right-of-ways, swales, stormwater management areas and other
areas subject to erosion. All new development or expansions must sod all disturbed areas of
the lot prior to the time the Certificate of Occupancy is issued in accordance with all
applicable regulatory agency requirements.
Rev. 8/1914(IandDe.elupmentcode) V-23
Landscaped areas required by this Section shall not use either the trees listed in Table V-6
g. nor the plants listed in Table V-2.
TABLE V-2
PROHIBITED PLANTS
COMMON PLANT NAME BOTANICAL NAME
Acacia Acacia spp.
Air Potato Vine Dioscorea bulbifera
Caster Bean Ricinus eommunis
Hydrilla Hydrilla verticillata
Kudzu Vine Paeraria lobate
Mimosa Albiziajulibrissin
Paper Mulberry Broussonetia papyrifora
Rice Paper Plant Tetrapanex papyriferus
Rosewood Dalbergia sissoo
Taro Coloeasia esculenta
Water Hyacinth Eichhornia spp.
Cogongrass Imperata cylindrical
Tropical Soda Apple Solanum viarum
Catelaw mimosa Mimosa pigra
Old World climbing fern Lygodium microphvllum
Skunk vine Paederia foctida
21-54.03 - Parking Lot Landscaping Requirements
The requirements of this subsection shall apply to new parking areas, altered or improved
parking areas and parking areas that are altered due to a change in use of the primary structure.
a. A minimum ten foot (10') wide landscaped area shall be provided between vehicular use
areas and any adjacent public roadway.
b. Landscaped areas shall be protected from vehicular encroachment with effective curbs.
Wheel stops are permitted only when certain stormwater system conditions warrant their use.
Wheel stops are permitted on the perimeter of the parking area only and shall be maintained
by the property owner in a manner as to not cause any bodily injury or property damage.
Wheel stops shall be avoided in principle areas of pedestrian movement.
c. Parking areas shall be designed so that in areas other than industrial zoned property no more
than ten (10) spaces in a row occur and shall have a minimum ten foot (10') landscaped
island in between.
d. Parking lots shall have a minimum of a ten foot(10') landscape area abutting the stalls unless
abutting sidewalks.
Rev.8'19/11(1 andDevclopmentCode) V-24
21-54.04 - Buffer Yard Determination Process
The City shall utilize a matrix to determine buffer requirements.
a. Determine the type of proposed use.
b. Identify the type(s) of uses adjacent to the proposed site. except the side adjacent to a public
roadway.
c. Identify the use intensity classification from Table V-3, i.e., Class I, II. III, IV, V or VI.
d. Determine the buffer yard classification from Table V-4, i.e., A, B, C or D. For example, a
Class III land use adjacent to a Class II land use requires a B buffer yard.
e. Select the desired buffer yard components for each perimeter of the site from the B buffer
yard options in Table V-5. For example, a project needing a B buffer yard has the following
options to meet the buffer yard requirement:
I. Install a 35 foot wide buffer yard with 24 plants per 100 linear feet and one tree
for each 1500 sq. ft. of lot area and no wall (e.g. 200-foot wide lot = 48
shrubs/five (5)trees);or
2. Install a 20 foot wide buffer yard with 32 plants per 100 linear feet and one tree
per 1500 sq. ft. of lot area and a 6 foot high masonry wall (e.g. 200-foot wide lot
=64 shrubs/three (3) trees); or
3. Install a 15 foot wide buffer yard with 40 plants per IOU linear feet and one tree
per 1500 sq. ft. of lot area and a 6-foot high masonry wall (e.g. 200-foot wide lot
= 80 shrubs/two (2) trees).
C Where walls are selected. they shall be inside the buffer area with plantings on the outside.
g. A project could have different buffer yard requirements for the rear and each side depending
upon the adjacent uses.
h. The buffer yard plan shall be included in the landscaping plan.
i. Planting of trees in buffer areas may satisfy the total number to meet the one tree per 1,500
square feet of lot area requirements.
Rc . 8/1911.1(LandDccdupmcntCodc) V25
TABLE V-3
USE INTENSITY CLASSIFICATION
Class I Class II Class III Class IV Class V Class VI
Single Townhouses Day Care- Restaurant Places of
Family Children or Adults Assembl'
Duplex Communit Manufactured Bars. Lodges Outdoor Outdoor Storage
Residential Ilome Subdivisions Recreation
Homes
Multifamily Multifamily Professional Schools- Public Warehouse& Body Shops
I)ell ings Dwellings Offices Private No spec. Distribution Auto
less than 4 Service/Repair
units
Machine Shops
Institutional Automobile Sales I-I Uses Not 1-2 Lses Not
Residential Specified Specified
Homes
Nursing Retail-Not BPUD uses not IPIID uses not
Hanes/ALP's Specified specified specified
Bed& Personal Service Indoor Recreation
Breakfast Establishments
Places of Worship hotels& Motels
RPUD Medical. Dental& Shopping Centers
Veterinary Clinics
Theaters
Mini-warehouse B-3& B-4 Uses
Not Specified
,Marinas/Fish
Camps
TABLE V-4
BUFFER YARD CLASSIFICATIONS
Adjacent(Existing) Use Intensity Class Proposed Use Intensity Class
From Table V-3 From Table V-8
I II III IV V VI
Class I N/A A B C C D
Class II A A B C C D
Class III B B A A A A
Class IV C C A N/A N/A A
Class V C C A N/A N/A N/A
Class VI D D A A N/A N/A
Rev-8/19/14(IandDevelopmentCode) V-26
TABLE V-5
BUFFER YARD PLANTING OPTIONS
Table V-4 Buffer Min. Buffer Yard Plants/ 100 Req. Req.
Class Width Ft. Ft. Screening Trees
ClassA 20 20 None (I)
15 27.5 None (I)
10 37.5 None (1)
ClassB 35 24 None (I)
20 32 (2) (I)
15 40 (2) (I)
Class C 50 30 None (I)
40 40 (2) (I)
30 50 (2) (I)
Class D 70 36 (2) (I)
50 48 (2) (1)
40 60 (2) (I)
(1) One tree per 1500 sq. ft. of buffer yard.
(2) 6 foot masonry wall (inside buffer) plus required plantings and trees (outside of wall) unless
part of an approved Master Development Plan.
21-54.05 - Buffer Yard Installation Standards
a. Buffer yards shall be located at the perimeter of the property and shall not he located in an
existing or proposed public road right-of-way.
b. When additional plants or trees are required in areas with existing natural vegetation, it shall
be planted to minimize disturbance of suitable native plants.
c. In the event it is impractical to install landscaping outside of a required wall, fifty percent
(5000%o) of the required buffer yard plantings may be located on either side of a required wall
on the same parcel.
Rex.8/19/14(LandDcvelopmentCode) V-27
SECTION 21-55-TREE PROTECTION REQUIREMENTS
21-55.01 - Comprehensive Plan Reference
The intent of this Section is to protect certain trees to aid in the stabilization of soil by the
prevention of erosion and sedimentation, reduce stormwater runoff and assist with the
replenishment of groundwater supplies. The provisions of this Section are intended to provide a
haven for wildlife, protect and increase property values. provide a noise buffer and enhance the
City's physical and aesthetic environment.
Policy statements implementing these intents were adopted in the Comprehensive Plan. The
provisions of Section 21-55 - Tree Protection are consistent with and implement the
Comprehensive Plan policies contained in the Future Land Use Element and Recreation/Open
Space Element.
21-55.02 -Tree Removal Permit
a. Standard Permits: A tree removal permit shall be required for specimen trees of six inches
(6") DBH (diameter at breast height measured 4 1/2 feet from base of tree) or larger on all
property within the City limits. Trees shall be defined by Section 21-20.02. Trees to be
removed in this category will be required to he replaced if there is an insufficient number of
trees left on the lot.
b. Replacement trees shall he a minimum of 2 1/2 inches in diameter measured 6 inches above
the soil line or 10 feet in height above the soil line. An application for the permit is available
in the Development Services Department. Fifty-percent(50%) of replacement trees shall be
specimen trees as identified in Section 21-55-06.
c. Historic Tree Permits: A tree so designated as historic per Section 21-55.05 shall only be
removed by special permit granted by the City Council under Section 21-55.03 (b).
d. Specimen and Historic trees, regardless of location, shall only be removed upon the issuance
of a tree removal permit.
e. Any tree listed in Table V-6 may be removed without a tree permit and shall be prohibited
from use in landscaping areas.
Rev 8/19/14(LandDccclopmentCode) V-28
TABLE V-6
PROHIBITED TREES
COMMON TREE NAME BOTANICAL NAME
White Mulberry Morus rubra
Australian Pine/Beefwood Casuarina spp.
Brazilian Pepper Schinus terebinthifolia
Cajeput or Punk Tree/Melaleuca Melaleuca quinquenervia
Camphor Cinnamomum camphora
Chinaberry Melia azedararach
Chinese Tallow Sapium sebiferum
Ear Tree Enterolobium cyclocarpum
Eucalyptus Eucalyptus spp.
Jacaranda Jacaranda acutifolia
Silk Oak Grevillea rohusta
Woman's Tongue/Mimosa Albizia lebbeck spp.
Norfolk Island Pine Araucaria heterophylla
Paper Mulberry Broussonctia papyrifera
Golden Raintree Koclrcuteria paniculata
Orchid Tree Bauhinia spp.
Carrotwood Cupaniopsis anacardioides
21-55.03 - Tree Removal Permit Standards
a. Existing trees may be relocated to suitable areas on same site in accordance with sound
industry practices, refer to Section 21-3I I.
b. All mitigated (replaced or relocated) trees shall utilize the provisions of the Tree Protection
Manual For Builders and Developers published by the Florida Department of Agriculture and
Consumer Services Division and shall be a minimum of 2.5 inches measured six inches (6")
above the soil line or 10-feet in height above the soil line. Historic tree removal permits
granted by the City Council shall have the following options:
I. Determine the tree to be removed is in such a condition that it is hazardous to the
surrounding area or structure(s)that no replacement is necessary,or
Rex.S/19111(LandDcvclopmcntCodc) V-29
2. Require the replacement of historic trees at a ratio of one inch (I-) diameter to
one inch (1") diameter of replacement trees,or
3. Require the payment of money per Section 21-311 equivalent to the replacement
cost of the replacement trees.
c. Relocated trees shall be planted in landscape buffer areas or parking island areas provided
with irrigation systems.
d. All tree plantings shall be replaced if they die within two (2) years after installation. The
health of a replacement tree shall be maintained for a period of two (2) years from the date of
planting. The two (2)year maintenance period shall begin anew whenever a tree is replaced.
e. Replacement trees shall be sufficiently spaced to allow adequate growth room for the species.
21-55.04 - Exemptions.
Notwithstanding any other provision of this Section to the contrary, any person may cut down,
destroy, replace or authorize removal of one or more trees, whose trunks lie wholly within the
boundaries of property owned by said person without a tree removal permit if any of the
following criteria are met:
1. The property is engaged in active silviculture uses;or
2. The property contains trees which may have been determined by the Building
Department to be deteriorated as a result of age, hurricane, storms, fire, freeze.
disease, lightning or other natural acts; or
3. The trees are within an existing public or private right-of-way or maintenance
easement and requires action to maintain traffic visibility at intersecting public
streets or such other trees which may disrupt public utilities, such as powerlines,
drainage ways or other public needs.
21-55.05 - Historic Trees
Historic trees shall only be removed upon approval of a Tree Removal Permit granted by the
City Council. Historic trees are those listed in Section 21-55.06 that reach 36-inches DBH with
the exception of the Laurel Oak.
Rev.8I9.14(I.andievelopmentCodcl V-30
21-55.06- Specimen Trees
Specimen trees shall not be removed without a Tree Removal Permit or as part of an approved
development plan. The following trees are designated as Specimen Trees.
Common Name Botanical Name Inches (DBH)
Elm litmus 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 elliottii 18 Plus
Longleaf Pine Pinus palustris 18 Plus
21-55.07 - Historic and Specimen Tree Protection Requirements
a. All development projects shall provide a plan to protect historic and/or specimen trees after
construction has occurred on a site. Such plan may include. but not be limited to
conservation easements, common open space. tree protection easements, deed restrictions
and homeowner association documents. The minimum protection requirements for historic
and specimen trees are as follows:
Number of Trees Minimum Tree Protection
less than 2.9 per acre 80 percent
3.0 to 5.0 per acre 65 percent
5.1 to 8.0 per acre 50 percent
8.0 plus per acre 4 per acre
b. All proposed development projects shall be required to include a tree survey by either a
licensed Surveyor or Arborist. locating all Specimen and I listoric Trees.
c. Statistical tree survey information may be considered at the direction of the TRC. However.
such statistical surveys shall be limited to sites containing an overstory consisting
Rev.8119/14(LandDcvelopmentCodc) V-5I
predominantly of trees uniform in age, species and distribution which do not contain
specimen or historic trees. Statistical surveys must be conducted in compliance with
accepted forestry practices.
d. All trees to be preserved shall be identified on site by harmlessly marking or banding.
e. All trees to be preserved shall have their natural soil level maintained. Tree wells and/or
planter islands shall be provided if necessary to maintain the natural existing soil levels. All
efforts shall be made to maintain the natural drainage of trees in the grading and drainage
plan.
f. Prior to construction, the developer shall erect protective barriers around all trees to be
preserved. These barriers shall be sufficient to prevent intrusion on that area within the drip
line of the canopy of the tree.
g. During construction, no signs, attachments or permits may be attached to any protected tree.
h. No existing or replacement trees shall be removed after a Certificate of Occupancy is issued.
21-55.08—Area Tree Protection Requirements
Fifteen percent (15%) of the square footage of any development shall be designated for the
protection of trees. The area required to protect historic/specimen trees may be included to
satisfy this requirement. This required area may be constituted as one or more sub-areas within
the development. Said area may include any landscape buffer or other areas as required by the
City on a development. Such designated areas shall contain sufficient land area to comply with
minimum tree protection standards to adequately protect the trees contained within the areas. A
minimum of fifty percent(50%) of the required minimum number of trees as provided in Section
21-55.07 shall consist of existing trees within said areas. The City may provide for a waiver or
modification of this requirement if the development contains an insufficient amount of existing
trees to meet this requirement or, if the City determines that modification of this requirement is
warranted by specific on-site conditions.
21-55.09- Installation Requirements
a. Single-family and duplex lots shall have a minimum of one (I) tree per 1,500 square feet of
lot area.
b. All development projects requiring site plan approval shall contain a minimum of one (1)tree
for every 1,500 square feet of lot area.
c. If the lot contains an insufficient number of existing trees to meet these requirements,
replacement trees shall be provided per Section 21-55.02(b).
d. In the event it is impractical to install the required number of replacement trees due to lot
size, building configuration or other impediments, the Development Services Department
Rev.8/19/14(LandDevclopmcntCodcl V-32
may:
I. Allow up to a forty percent (40%) modification in the number required as long as
the overall caliper requirements are fulfilled;or
2. Allow the required trees to be planted on City property.
e. Existing trees shall meet the definition provided in Article II to be counted in minimum
requirements.
21-55.10 - Enforcement
a. The Development Services Director. Building Official, Code Enforcement Officer or
designee shall issue a stop-work order to any person found in the act of cutting down,
destroying, damaging or removing trees in violation of this Section.
b. Historic/specimen trees removed in violation of this Section shall be replaced at a ratio of 2
inches per inch of caliper lost. In lieu of physical replacement, City Council may impose a
fee of 537.00 per cross sectional square inch lost or combination thereof
SECTION 21-56 PARKING AND LOADING REQUIREMENTS
21-56.01 - Comprehensive Plan Reference
Chapter 163.3202, F.S. requires adoption of land development regulations to include safe and
convenient off-street parking and loading provisions. The provisions of Section 21-57 - Parking
and Loading Requirements are consistent with and implement the Comprehensive Plan contained
in the Future Land Use Element and Utilities Element.
Properties located in the Indian River Boulevard Corridor Overlay are also subject to the
regulations contained in Article XVIII for parking and loading design layout.
21-56.02 -Off-Street Parking Standards
a. All required off-street parking shall be located a minimum of ten feet (10') behind the right-
of way line of the adjacent street and on the same parcel as the building which they are
intended to serve, unless a joint parking area agreement is executed as described in Section
21.56.04.
b. No building permit, site plan, conditional use, planned unit development or business tax
receipt application shall be approved unless the required number of spaces are provided in
compliance with the requirements herein unless a variance has been approved.
c. Any use that becomes non-conforming as to parking requirements upon adoption of this
Article shall be required to come into compliance if the use changes or the structure is
expanded by more than twenty percent(20%).
gin. 8/19:14(LandDn clopmcnteodc) V-33
d. The parking lot design standards are depicted in Table V-7 and Figure V-7A.
TABLE V-7
Parking Lot Design Standards
Stall Angle/ 45 50 55 60 90 180
Requirements (ft) Dgres Dgres Dgres Dgres Dgres Dgres
Offset - A 18' 16' 13' 10' 10' 10'
Space Width - B 12' 12' IT 10' 10'* 10'
Space Depth - C 18' 18' 19' 20' 20'* 22'
Landscape Area - D 10' 10' 10' 10' 10' 10'
Aisle Width - E 13' 15' 16' 18' 24' 15'
Turning Area - F 17' 16' 15' 14' 14' 14'
Maneuver Depth - G 15'
Maneuver Radius - H 15.
*Note T overhang is permitted when parking stalls are curbed.
Rev.8/19/14(LandDe■clopmcnteodcl V-34
FIGURE V - 7A
11 I I I 1' III L.T.—
WI 1I� I 11 I I
111111 \ \ \ \ 11L1d
-I IF I I I I
e. Maneuvering areas shall be designed to permit vehicles to enter and leave the parking area in
a forward direction.
C Any vehicle backup areas shall be fifteen feet (15') deep and have a minimum fifteen foot
(15') turning radius.
o. Driveways shall be considered parking spaces on parcels developed for single-family
residences. All driveways shall be paved including the aprons and shall be constructed no
closer than the feet(5')to any lot line or encroach into any side or rear easement.
h. When the parking calculations described in Table V-8 result in a fractional parking space,
fractions less than Y shall be disregarded and fractions greater than 1/, shall require a full
space.
i. Each parking lot shall have direct access to a public street or legal easement as part of an
approved development plan.
j. All parking areas shall he landscaped as provided in Section 21-54.
k. Parking areas shall be hard-surfaced using material approved by the City.
I. All site plans shall include MOT standard traffic control signs and pavement markings
necessary to ensure safe traffic and pedestrian flow, including but not limited to, fire lanes.
m. All customer generated parking areas shall be used for vehicle parking only.
Rcc 8,19/I 4(LandDccelopmentCode) V-35
n. No door or pedestrian entrance at ground level shall open directly upon a driveway or access
aisle unless the doorway of the entrance is at least three feet (3') from said driveway or
access aisle or unless improvements are provided to allow for safe doorway access.
o. All parking spaces shall have lines between each space and shall be maintained by the
property owner.
p. Public rights-of-way shall not be used to satisfy on-site parking or loading requirements.
q. Development may be required to provide fire lanes in accordance with the Florida Fire
Prevention Code
Rev. 8/19/14(LandDevelopmentCode) V-36
TABLE V-8
OFF-STREET PARKING REQUIREMENTS
Land Use Category Spaces Unit of Measure
Adult Living Facility 2 Each largest shift employee plus I/5 beds
Assembly Places With Fixed Seats 1 _ per 4 sat plus I per employee
Assembly Places n/o Fixed Seats 1 • 40 SFGFA of main assemhly area space
Auto Sales I 400 SFGFA plus
I space for each vehicle for salenease
Auto Seuicentepair 3 Service bay pips
• 200 SFGFA non bay area
Beauty/Barber Shops I5 per chair
Bed&Breakfast 1 per ach room rented plus residential requirements
Community Residential l longs I Employee plu S visitor spaces
Com enicnce Stores 1 200 SFGFA
Day Care-Children or Adult I llmplo ee plus a i space drop area plus
per 2s students
Restaurants/Bars/Lodges I 4 Seas plus
per employees
Financial Institutions I 250 SI CI A on ground floor plus
200 SFGI=A on other floors
Funeral Hones I 4 Seats in main assembly area plus
2 business vehicle
Furniture Appliance and Similar 400 SHWA to 10.000 SFGFA
750 SFGFA over 1 0.000 SFGFA
HealtlVFitness I 150 SFGFA
I lotel/Motel each bedroom unit plus
per 2 employees
Lab/Research Facilities I each employce
Machine Shop/Repair I 400 SFGFA
Manufacturing.General I 2 employees on largest shill
V1arinas/FMI Camps 1 Bon slip plus
4 4 boat trailer spaces per boat ramp plus any accusers requirements
Medical/Dental or Veterinary Facilities I I/ach empire cc plus
2 ILxaminat on norms
Mini-narehouse I Per office
Residential.Institutional/Multi-Family 1.3 Unit plus 3%liir visitors
Personal Service Not specified I 300 SFGFA
Pool HallBilliards 2 per pool table plus
!PPP[(Ref
Professional Offices I 250 SFGFA
Recreation-Outdoes I lack employee plus
4 patrons capacil
-Indoor I 400 SFGFA
Retail Not Specified I 230
Other Than High School I Each employer plus
4 spaces per instructional room
-I hgh School& I 4 students plus
Community College I each employee
Single handy.Duplex&Mobile ITomes _ Unit
Shopping Centers 5 SFGFA
Theaters I 10 Seats
Karekolne_Storage&Similar I IIXIO SFGFA
*Auto Sales In have display parking requirements of 8SI6' all other parking 10'x 20'
Notes:
SFGFA=Square Feel of Cross Floor Area i_�the total floor area inside the outside walls of the straeture(s7.
Rea.W 19/14(LandDea elopmcmcode) V-37
21-56.03 -Handicapped Parking Standards
a. Development must meet Florida Accessibility Codes.
21-56.04 -Joint Parking Use Agreements
a. The Development Services Director may authorize a reduction in the parking requirements for
two or more uses jointly providing off-street parking.
b. A reduction may be authorized in such cases if the developer submits sufficient data to
demonstrate that the hours of maximum demand for parking at the respective uses do not
normally overlap.
c. The City shall have the authority to require the creation, use and maintenance of joint-use
parking and/or joint-use driveways or other common ingress-egress facilities for multifamily,
commercial and/or industrial uses.
d. A joint-use parking or access agreement shall be recorded in the public records of Volusia
County prior to issuance of a building permit and shall at a minimum include:
I. A statement holding the City harmless from any and all claims or potential
liability;and
2. Shall run with the land involved and be binding on the parties to the agreement,
their successors and/or their assigns.
21-56.05- Loading Berth Standards
a. Each required off-street loading space shall have a minimum dimension of fourteen (14') feet
by forty(40') feet and a minimum overhead clearance of fourteen (14') feet above the paving
grade.
b. All commercial and industrial uses shall provide the number of off-street loading and
unloading spaces described in Table V-10.
Rcv.8/19/14(LandDcvclopmcntCodc) V-38
TABLE V-10
LOADING BERTH STANDARDS
Use Category Floor Area (sq.ft.) Berths Required
Retail and/or Service Uses 5,000 to 24.999 One
25,000 to 59,999 Two
60,000 to 119,999 Three
120.000 to 199,999 Four
200,000 to 289999 Five
290,000 plus One/90,000 sq.ft
Storage or Wholesale Uses 5,000 to 24.999 One
25,000 to 59,999 Two
60,000 to 119,999 Three
120,000 to 199,999 Four
200,000 to 289.999 Five
290,000 plus One/90,000 sq.ft.
Places of Assembly, Hotels, 10,000 to 39,999 One
Motels, Office Buildings, Long 40,000 plus One/60.000 sq.ft.
Term Health Care Facilities
Automotive, Recreation 2,000 to 14,999 One
15,000 to 39,999 Two
40,000 plus One/10,000 sq.ft.
Manufacturing Uses 0 to 14,999 One
15,000 to 39,999 Two
40,000 to 64,999 Three
65,000 plus One/80,000 sq.ft.
c. Where a building is used for more than one use or for different uses, the loading space
requirement shall be based on the use for which the most spaces are required.
d. All loading areas shall be paved and clearly marked and delineated.
e. All loading berths and maneuvering areas shall be separated from required off-street parking
facilities and shall include traffic flow directional information.
f. Delivery truck berths may be located within required parking spaces, provided they are
marked as reserved for loading purposes. Access aisles may serve both parking and loading
facilities.
g. All loading and delivery areas shall he designed to prevent hacking into streets, pedestrian
ways or bikeways,
h. Off-street loading spaces shall be directly accessible from a street without crossing or
entering any other loading space and may not extend into any street.
Rev.819/14(1.andDecelopmentCode) V-39
SECTION 21-57-PLANNED UNIT DEVELOPMENT DESIGN CRITERIA
21-57.01 -Comprehensive Plan Reference
The provisions of Section 21-58- Planned Unit Developments are consistent with and implement
the Comprehensive Plan policies contained in the Future Land Use Element. Coastal Element,
Conservation Element and Recreation &Open Space Element.
21-57.02 -Residential Planned Unit Development(RPUD)
a. Purpose
The Residential Planned Unit Development(RPUD) District is intended to provide a flexible
approach for unique and innovative land development, which would otherwise not be
permitted by this Code. Notwithstanding the specific criteria identified herein, RPUDs
should accomplish the following purposes, to the greatest extent possible:
I. Provide a variety of housing types with a broad range of housing costs allowing
for the integration of differing age groups and socioeconomic classes;
2. Promote innovative site and building design, including traditional neighborhood
developments;
3. Provide efficient location and utilization of infrastructure through orderly and
economical development, including a fully integrated network of streets and
pedestrian/bicycle facilities;
4. Establish open areas set aside for the preservation of natural resources, significant
natural features and listed species habitats;
5. Create usable and suitably located public spaces, recreational facilities, open
spaces and scenic areas; and
6. Provide for other limitations, restrictions and requirements as deemed necessary
by the City to ensure compatibility with adjacent neighborhoods and effectively
reduce potential adverse impacts.
b. Permitted Uses
All uses in conjunction with Residential Planned Unit Developments are considered
conditional and require Planning and Zoning Board and Council approval. Permitted uses
are listed in Article III,Table 111-3.
c. Density and Intensity
I. Variable up to 4.0 dwelling units per net acre in areas designated Low Density
Residential on the Future Land Use Map.
2. Variable between 4.1 and 8.0 dwelling units per net acre in areas designated
Medium Density Residential on the Future Land Use Map.
3. Variable between 8.1 and 12.0 dwelling units per net acre in areas designated
High Density Residential on the Future Land Use Map.
4. Proposed residential projects containing over 500 dwelling units shall include
internally oriented retail commercial uses with a minimum of 250 sq. ft. of land
area per dwelling unit.
Rev.R/19/14(I.andOevelopmentCode) V-40
5. Medium and high-rise residential projects shall not exceed a Floor Area Ratio of
0.4 nor an Impervious Surface Ratio of 0.3.
d. Conceptual Development Plan
A Conceptual Development Plan shall be submitted along with a Development Agreement.
see Section 21-101. The Conceptual Development Plan shall contain the following:
I. Minimum dimensional requirements, including proposed lot area and width,
setbacks, building heights and minimum floor areas;
2. Landscaping, parking and signage;
3. Project phasing, if applicable;
4. Infrastructure improvements;
5. Common/open space areas and their use, including any resource protection areas
as defined in Article IV_
6. Proposed street layout, names and lot numbers; and
7. Overall stormwater/drainage master plan.
e. Master Plan Approval
A master plan shall be submitted in conjunction with Article XIII.
21-57.03 - Business Planned Unit Development (BPUD)
a. Purpose
The Business Planned Unit Development District is intended to provide a flexible approach
for unique and innovative land development proposals, which would otherwise not be
permitted by this Code. Notwithstanding the specific criteria identified herein, proposals
should accomplish the following purposes, to the greatest extent possible:
I. Provide for mixed use commercial, office and residential development such as
shopping centers, office parks and multi-family residential developments:
2. Promote innovative site and building design;
3. Provide efficient location and utilization of infrastructure through orderly and
economic development:
4. Establish open areas set aside for the preservation of natural resources, significant
natural features and listed species habitats;
5. Provide for a visually attractive environment through consistency of architectural
styles, landscaping designs and other elements of the built environment; and
6. Provide for requirements to ensure compatibility with adjacent neighborhoods and
effectively reduce potential adverse impacts.
b. Permitted Uses
All uses in conjunction with Business Planned Unit Developments are considered conditional
and require Planning and Zoning Board and Council approval. Permitted uses are listed in
Article III, Table III-3. If residential uses are provided, the residential floor area shall he no
greater than forty percent(40%)of the gross commercial floor area.
Rev.8:19/14(1sndDcvelopmentCode) V-41
c. Conceptual Development Plan
A Conceptual Development Plan shall be submitted along with a Development Agreement,
see Section 21-101. The Conceptual Development Plan shall contain the following:
1. Lot layouts for commercial and residential development including lot areas and
widths, setbacks, building heights, lot coverage and minimum floor areas:
2. Landscaping, fencing, parking, loading areas, signage and lighting;
3. Project phasing, if applicable;
4. Infrastructure improvements;
5. Common/open space areas and their use including any resource protection areas
as defined in Article IV:
6. Proposed street layout, names and lot numbers; and
7. Overall stormwater master plan.
d. Site Plan Approval
A site plan shall be submitted in conjunction with Section 21-93.
21-57.04 - Industrial Planned Unit Development(IPUD)
a. Purpose
The Industrial Planned Unit Development (IPUD) District is intended to provide a flexible
approach for unique and innovative land development proposals, which would otherwise not
be permitted by this Code. Notwithstanding the specific criteria identified herein, proposals
should accomplish the following purposes to the greatest extent possible:
I. Provide for mixed-use industrial development such as industrial office parks,
aircraft and marine related uses and limited commercial;
2. Promote innovative site and building design;
3. Provide efficient location and utilization of infrastructure through orderly and
economic development:
4. Establish open areas set aside for the preservation of natural resources, significant
natural features and listed species habitats;
5. Provide for a coherent and visually attractive physical environment through
coordination and consistency of architectural styles, landscaping designs and
other elements of the built environment; and
6. Provide for other limitations, restrictions and requirements as deemed necessary
by the City to ensure compatibility with adjacent neighborhoods and effectively
reduce potential adverse impacts.
b. Permitted Uses
All uses in conjunction with Industrial Planned Unit Developments are considered
conditional and require Planning and Zoning Board and Council approval. Permitted uses
are listed in Article III.Table 111-3.
c. Conceptual Development Plan
A Conceptual Development Plan shall be submitted prior to site plan approval. The
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Conceptual Development Plan shall include the following:
I. The lots areas for industrial and/or commercial development, including lot widths,
setbacks, building heights, building footprint and minimum floor areas;
_. Landscaping,fencing, parking, loading areas, signage and lighting;
3. Project phasing, if applicable;
4. Infrastructure improvements, all utility lines shall be installed underground;
5. Common/open space areas and their use including resource protection areas as
defined in Article IV: and
6. Overall stormwater master plan.
d. Site Plan Approval
A site plan shall he submitted in conjunction with Section 21-93.
21-57.05—Mixed-Use Planned Unit Development(MUPUD)
a. Purpose
The Mixed-Use Planned Unit Development (MUPUD) is intended to provide a flexible
approach for nixed use and innovative land use techniques, which would otherwise not
be permitted by this Code. Notwithstanding the specific criteria identified herein.
proposals should accomplish the following purposes, to the greatest extent possible:
I. Provide a variety of land uses including non-residential, residential, public/civic
and recreational
2. Provide innovative site and building design, including traditional neighborhood
developments;
3. Provide efficient location and utilization of infrastructure through orderly and
economical development, including a fully integrated network of streets and
pedestrian/bicycle facilities;
4. Establish open areas set aside for the preservation of natural resources,
significant natural features and listed species habitats;
5. Create usable and suitably located public spaces, recreational facilities- open
spaces and scenic areas; and
6. Provide for other limitations, restrictions and requirements as deemed
necessary by the City to ensure compatibility with adjacent neighborhoods
and effectively reduce potential adverse impacts.
b. Permitted Uses
All permitted uses in conjunction with Mixed-Use Planned Unit Developments are listed
in Article III. Table 111-3.
c. Density and Intensity
The densities and intensities of Mixed-Use Planned Unit Developments vary. Specific
requirements are contained in the City's Comprehensive Plan.
Re'.8:19:140.andIevelopmcnitodc) V-43
d. Conceptual Development Plan
A Conceptual Development Plan shall he submitted along with a Development
Agreement, see Section 21-101. The Conceptual Development Plan shall contain the
following:
I. Minimum dimensional requirements, including proposed lot area and width,
setbacks, building heights and minimum floor areas;
2. Landscaping, parking and signage:
3. Project phasing, if applicable;
4. Infrastructure improvements;
5. Common/open space areas and their use, including any resource protection
areas as defined in Article IV;
6. Proposed street layout, names and lot numbers; and
7. Overall stormwater/drainage master plan.
e. Master Plan Approval
A master plan shall be submitted in conjunction with Article XIII.
21-57.06 - Sustainable Community Development Planned Unit Development(SCD/PUD)
a. Purpose
The Sustainable Community Development Planned Unit Development (SCD/PUD) is
intended to provide a flexible approach for mixed use and innovative land use techniques,
which would otherwise not be permitted by this Code. Notwithstanding the specific
criteria identified herein, proposals should accomplish the following purposes, to the
greatest extent possible:
1. Provide a variety of land uses including residential, office, commercial,
public/civic and recreational which complement and serve residential uses
while reducing transportation needs and conserving energy and natural
resources:
2. Provide a socially and economically diverse community with a wide range of
housing types including but not limited to, single-family, multi-family and
townhouse homes as well as some residential inventory to be located above
retail or commercial uses with various price points;
3. Provide innovative site and building design, including design principles that
are consistent with Traditional Neighborhood Design, Transit-Oriented
Development and New Urbanism;
4. Provide efficient location and utilization of infrastructure through orderly and
economical development, including a fully integrated network of streets
arranged and designed to promote a pleasant, pedestrian and bicycle-Friendly
environment with an emphasis on convenient access to surrounding
neighborhoods and community amenities;
5. Conserve large areas of uninterrupted environmentally sensitive areas which
shall be managed as part of a system for habitat, wetlands, surface water
Rev.8/19/14(LaedUccclopmcntCodc) V-44
protection and to provide scenic areas and recreational opportunities (both active
and passive); and
6. Provide for other limitations, restrictions and requirements as deemed
necessary by the City to ensure compatibility with adjacent neighborhoods
and effectively reduce potential adverse impacts.
b. Permitted Uses
All permitted uses in conjunction with Sustainable Community Development Planned
Unit Developments are listed in Article 111, 'Fable III-3.
c. Density and Intensity
The densities and intensities of Sustained Community Development Planned Unit
Developments vary. Specific requirements are contained in the City's Comprehensive
Plan.
d. Conceptual Development Plan
A Conceptual Development Plan shall be submitted along with a Development
Agreement. see Section 21-101. The Conceptual Development Plan shall contain, but not
be limited to the following:
I. Minimum dimensional requirements. including proposed lot area and w idth,
setbacks, building heights and minimum floor areas;
2. Landscaping, parking and signage;
3. Project phasing, if applicable;
4. Infrastructure improvements;
5. Common/open space areas and their use, including any resource protection
areas as defined in Article IV:
6. Proposed street layout,names and lot numbers; and
7. Overall stormwater/drainage master plan.
c. Master Plan Approval
A master plan shall be submitted in conjunction with Article XIII.
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