2017-O-36ORDINANCE NO. 2017-0-36
AN ORDINANCE OF THE CITY OF EDGEWATER,
FLORIDA, AMENDING AND RESTATING ARTICLE 44
(DEFINITIONS), AND ARTICLE III (PERMITTED,
CONDITIONAL, ACCESSORY AND PROHIBITED USES)
OF CHAPTER 21 (LAND DEVELOPMENT CODE);
PROVIDING FOR CONFLICTING PROVISIONS,
SEVERABILITY AND APPLICABILITY; PROVIDING FOR
AN EFFECTIVE DATE, ADOPTION AND
CODIFICATION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. On July 10, 2000, City Council adopted Ordinance #2000-0-12 which enacted
Chapter 21 (Land Development Code) of the City of Edgewater Code of Ordinances.
2. On August 20, 2012, Council adopted Ordinance #2012-0-06 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. On April 6, 2015, Council adopted Ordinance #2015-0-09 which amended and
restated Chapter 21 (Land Development Code), Article II (Definitions), Article III
(Permitted, Conditional, Accessory and Prohibited Uses) and Article V (Site Design
Criteria).
5. On February 6, 2017, Council adopted Ordinance #2017-0-01 which amended
and restated Chapter 21 (Land Development Code), Article II (Definitions), Article III
(Permitted, Conditional, Accessory and Prohibited Uses).
6. On June 5,2 017, Council adopted Ordinance # 2017-0-16 which amended and
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restated Chapter 21 (Land Development Code), Article II (Definitions), Article III
(Permitted, Conditional, Accessory and Prohibited Uses).
7. 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. AN ORDINANCE OF THE CITY OF
EDGEWATER, FLORIDA, AMENDING AND RESTATING
SLE 11 (DEFINITIONS), � ARTICLE III
1 T
(PERMITTED, CONDITIONAL, ACCESSORY AND
PROHIBITED USES) OF CHAPTER 21 (LAND
DEVELOPMENT CODE); PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FOR AN EFFECTIVE
DATE, ADOPTION AND CODIFICATION.
Amend Chapter 21 (Land Development Code) of the City of Edgewater, Florida by
amending and restating AAiele '� 1 (D efinitiens), and --Article III (Permitted, Conditional,
Accessory and Prohibited Uses) 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
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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 re -lettered 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.
PART F. ADOPTION.
After Motion to approve by Councilman Conroy and Second by Councilman Blazi, the
vote on the first reading of this ordinance held on August 7, 2017, was as follows:
AYE NAY
Mayor Mike Ignasiak X
Councilwoman Christine Power ABSENT
Councilwoman Amy Vogt X
Councilman Dan Blazi X
Councilman Gary T. Conroy X
This ordinance was scheduled for the Council Meeting on September 11, 2017 however,
due to Hurricane Irma the Council Meeting was re -scheduled to September 25, 2017 with the
appropriate notices/advertisements being done.
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After Motion to approve byand Second by
2 —Q -M4 z :c. , the vote on the second reading of this
ordinance held on September 25, 2017, was as follows:
AYE
Mayor Mike Ignasiak
Councilwoman Christine Power ",I,
Councilwoman Amy Vogt '�-N
Councilman Dan Blazi N"
Councilman Gary T. Conroy
NAY
PASSED AND DULY ADOPTED this 25th day of September, 2017.
ATTEST:
Robin L. Matusick
City Clerk/Paralegal
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Aaron R. Wolfe, Esquire
City Attorney
Doran, Sims, Wolfe & Ciocchetti
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CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:/r/lC::
Mike Ignasiak
Mayor
Approved by the City Council of the City. of
Ed ewater at a meeting held on this�l-hday
2017 under Agenda Item No.
8 OL
EXHIBIT "A"
ARTICLE III
PERMITTED, CONDITIONAL, ACCESSORY AND PROHIBITED USES
SECTION 21-30 — GENERAL PROVISIONS.................................................................... III -7
21-30.01 — Purpose................................................................................................................ III -7
21-30.02 — District Boundaries.............................................................................................. III -7
21-30.03 — Application of Districts....................................................................................... III -8
21-30.04 — Official Zoning Map............................................................................................ III -8
21-30.05 — Comprehensive Plan Consistency....................................................................... III -9
SECTION 21-31— COMPREHENSIVE PLAN RELATIONSHIP ................................... III -9
21-31 - Table III-1...............................................................................................................III-10
SECTION 21-32 — ZONING DISTRICT DESCRIPTIONS ............................................. III -10
21-32.01 — Zoning District Descriptions............................................................................. III -10
21-32.01 — Table III-2.......................................................................................................... III -11
SECTION 21-33 — USES AND RESTRICTIONS............................................................. III -12
21-33.01
— Purpose..............................................................................................................
III -12
Community Residential Homes (CRH)..............................................................
21-33.02
— Permitted Uses...................................................................................................
III -12
III -21
21-33.03
— Conditional Uses...............................................................................................
III -12
21-34.05
21-33.04 —
Accessory Uses..................................................................................................
III -12
— Kennels..............................................................................................................
21-33.05 —
Table III-3..........................................................................................................
III -13
III -23
SECTION 21-34 — SPECIAL USE REQUIREMENTS.................................................... III -18
21-34.01
—Home Occupations............................................................................................ III -19
21-34.02—
Community Residential Homes (CRH)..............................................................
III -20
21-34.03
— Adult Living Facilities (ALF)...........................................................................
III -21
21-34.04
— Salvage Yards....................................................................................................
III -21
21-34.05
— Refuse and Dumpsters.......................................................................................
III -22
21-34.06
— Kennels..............................................................................................................
III -22
21-34.07
— Mini-warehouses...............................................................................................
III -23
21-34.08
—Bed & Breakfasts...............................................................................................III-24
21-34.09
— Nursing Homes..................................................................................................
III -24
21-34.10
— Residential Professional Offices........................................................................
III -24
SECTION 21-35 — PROHIBITED USES............................................................................ III -25
21-35.01 —Alcoholic Beverages..........................................................................................III-25
SECTION 21-36 — ACCESSORY USE REQUIREMENTS ............................................. III -26
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21-36.01
—Purpose .............................................................................................................. III -26
21-36.02
— General Regulations..........................................................................................
III -26
21-36.03
— Outdoor Storage and Display: Commercial/Industrial...................................... III -27
21-36.04
— Satellite Dishes and Antennas...........................................................................
III -28
21-36.05 —
Places of Worship — Schools/Child Care...........................................................
III -29
21-36.06 —
Boathouses.........................................................................................................
III -29
21-36.07 —
Boat Docks and Slips.........................................................................................
III -30
21-36.08 —
Canopies/Temporary Carports and Tents..........................................................
III -30
21-36.09 —
Swimming Pools................................................................................................
III -31
SECTION 21-37 — SPECIAL ACTIVITY/PERMIT REQUIREMENTS ....................... III -33
21-37.01 — Purpose/Scope................................................................................................... III -33
21-37.02 — Definitions......................................................................................................... III -33
21-37.03 — Special Activity Permit Requirements.............................................................. III -34
21-37.04 — Special Activity Permit Application Process .................................................... III -35
21-37.05 — Special Activity Permit Criteria........................................................................ III -35
21-37.06 — Temporary Structures........................................................................................ III -36
21-37.07 — Inspections to Ensure Compliance.................................................................... III -36
21-37.08 — Penalties............................................................................................................. III -36
21-37.09 — Exceptions......................................................................................................... III -36
SECTION 21-38 — FENCES, WALLS and HEDGES ....................................................... III -37
21-38.01 —Purpose .............................................................................................................. III -37
21-38.02 — General Requirements....................................................................................... III -37
21-38.03 — Site Triangle Requirements...............................................................................III-38
SECTION 21-39 — PAIN CLINICS ............................................
21-39.01 — Purpose....................................................................
21-39.02 — General Requirements .............................................
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....................................... III -40
........................................ III -40
........................................ III -40
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
f. 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;
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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 are 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 any person, or persons, shall be considered a
violation of this Article and be subject to the applicable enforcement provisions described in
Article X.
c. Regardless of the existence of copies of the Official Zoning Map which may from time to
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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 III -4)
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TABLE III -1
LAND USE AND ZONING COMPATIBILITY
Future Land Use Designation
Compatible Zoning Districts
Low Density Transition
RT, MUPUD
1.0 DU/net acre
Low Density Residential
R-1, R-2, R-3, RPUD, RP, RT, MUPUD
1.0 to 4.0 DU/net acre
Medium Density Residential
R-3, R-4, BPUD, MH -1, MH -2, MUPUD
4.1 to 8.0 DU/net acre
High Density Residential
R-5, BPUD, MUPUD
8.1 to 12.0 DU/net acre
Commercial
B-2, B-3, B-4, BPUD, MUPUD
Industrial
I-1, I-2, IPUD, MUPUD
Recreation
CN, RT, AG, R-1, R-2, R-3, R-4, R-5,
RPUD, RP, M14-1, MH -2, B-2, B-3, B-4,
BPUD, I-1, I-2, IPUD, P/SP, R, EC, CC,
MUPUD
Public/Semi-Public
CN, AG, P/SP, R, MUPUD
Conservation
CN, P/SP, R
Agriculture
AG, R. MUPUD
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
Edgewater Comprehensive Plan
DU = Dwelling Units
SECTION 21-32 — ZONING DISTRICT DESCRIPTIONS
21-32.01 — Zoning District Descriptions
Table III -2 summarizes the principal purpose for each zoning category. The minimum parcel
sizes are provided where applicable.
(See Page III -5)
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TABLE III -2
ZONING DISTRICT DESCRIPTIONS
Zoning District Title
Category
Purpose and General Description
Conservation
CN
Protection of wetlands. aquifer recharge & environmentally sensitive areas.
Rural Transitional
RT
Provide for limited agriculture and provide for a transition between rural and
residential land uses — min. 1 acre lot.
SF Residential
R-1
Single family residential — (1.0 to 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) min. 10,000 sq. ft. lot
SF Residential
R-3
Single family residential — (1.0 to 4.0 units/net acre) min. 8,625 lot.
MF Residential
R-4
Medium density residential (4.1 to 8.0 units/net acre) — single family, duplex,
apartments and townhouses.
MF Residential
R-5
High density residential (8.1 to 12.0 units/net acre) — single family, duplex,
apartments, and townhouses.
Recreation
R
This zoning category includes parks and recreation facilities owned by the City,
as well as recreation facilities located at area schools that are under lease to the
City. This category includes land committed to both active and passive
recreational uses.
Residential Planned Unit
RPUD
Intended for mixed residential, personal service and limited retail commercial
Development
with a single development plan.
Residential Professional Office
RP
Intended for office professional along SR#442 and a rezoning must be
accompanied by a site plan.
Mobile Home Park
MH -1
Medium density residential (5.1 to 8.0 units/acre). Provide for mobile home parks
— min. 5 acre parcel (See Sec. 21-71 for Non -Conforming Parks).
Manufactured Home Subdivision
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 services for frequent residential needs — min. 10,000
sq. ft.
Public/Semi-Public
P/SP
Consists of public facilities and private not-for-profit uses such as churches,
schools, and cemeteries. All other public lands and facilities, including but not
limited to, government offices, post offices, hospitals, utility sub -stations, water
and wastewater treatment plants, fire stations, and libraries are also included in
this category.
Highway Commercial
B-3
Intended for high volume highway related commercial uses — no min. parcel size.
Tourist Commercial
B-4
Intended for short term waterfront accommodations for visitors and accessory
uses, may include residential mixed use — min. 2 acres.
Business Planned Unit
BPUD
Intended for mixed commercial and limited multifamily residential with a single
Development
development plan
Light Industrial
I-1
Intended for storage, light manufacturing, wholesaling and distribution uses and
adult entertainment — no min. parcel size.
Heavy Industrial
I-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 of the City.
Mixed Use Planned Unit
MUPUD
Intended for innovative mixed use developments to include, but not be limited to
Development
commercial, light industrial and residential.
Sustainable Community
SCD/PUD
See SCD Sub -Element of the City of Edgewater Comprehensive Plan.
Development/Pfanned Unit
Development
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SECTION 21-33 — USES AND RESTRICTIONS
21-33.01— Purpose
This portion of Article III 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 III -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 III -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 III -3) means a use that is incidental, related,
appropriate and clearly subordinate to the existing principle permitted use.
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TABLE III -3 FOOTNOTES
The sections cited below identify special requirements for the listed land uses and are found on
the following pages. In addition, many of the proposed projects must also comply with the
requirements of Article IV — Natural Resource Protection, Article V — Site Design Criteria,
Article VI — Signs, Article XVIII - Indian River Boulevard — S.R. 442 Corridor Design
Regulations and Article XX — Ridgewood Avenue Corridor Design Regulations.
1. See Satellite Dishes, Section 21-36.04 — Dishes greater than 39 centimeters in
diameter are required to obtain a building permit and otherwise conform to the site
development criteria.
2. See Telecommunications, Article XII for details.
3. See Bed & Breakfast, Section 21-34.08 for details.
4. See Kennels/Boarding, Section 21-34.06 for details.
5. See Mini -Warehouses, Section 21-34.07 for details.
6. See Nursing Homes, Section 21-34.09 for details.
7. See Outdoor Storage, Section 21-34.04 and 21-36.03 for details.
8. See Community Residential Homes, Section 21-34.02 for details.
9. See Adult Living Facilities (ALF), Section 21-34.03 for details.
10. Multifamily residential is permitted in BPUD only" as part of a single
business/residential development plan — See Article V, Section 21-57 for details.
11. See Salvage Yards, Section 21-34.04 for details.
12. Residential Professional offices may be permitted as a conditional use in the R-2
district for certain properties abutting State Road #442. See Section 21-34.10 for
details.
13. No artificial lights or recreational activity within 25 feet of the perimeter of the
property line shall be permitted adjacent to residential property.
14. Places of Worship — Schools/Child Care, see Section 21-36.05 for details.
15. Attached and detached aircraft hangars permitted in residential districts adjacent to
airport taxiways.
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16. Outside application of flammable finishes and/or environmentally sensitive finishes
(spray painting) is strictly prohibited.
17. State license required.
18. 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.
19. Adult Entertainment is permitted in the I-1 (Light Industrial) zoning district with the
exception of properties with frontage on Park Avenue.
20. Internet/Sweepstakes Cafes, Pawn Shops and Tattoo Parlors/Body Piercing Studios
are permitted in the I-1 (Light Industrial) zoning district with the exception of
properties with frontage on Park Avenue. This section shall not apply to any existing
Internet/Sweepstakes Cafe locations, in operation and in compliance with chapter 205
and 849 Florida Statute, and Pawn Shops and Tattoo Parlors/Body Piercing Studios in
compliance with Florida Statute at the time of the passage of this ordinance, or has
submitted an application to the City for relocation prior to the passage of this
ordinance and said application is subsequently approved by the City. Such use may be
continued within the present zoning category as a nonconforming use subject to all
restrictions, limitations and requirements set forth in Article VII, Land Development
Code, and all other applicable provisions of the Code of Ordinances. However, any
change in ownership will remove said business or operation from this exception.
Change in ownership in the case of a partnership or corporation, for the purpose of
this section only, means more than fifty percent change in partners or shareholders
from the partners or shareholders owning the partnership or corporation as of the date
of passage of this ordinance. For purposes of any Internet/Sweepstakes Cafe deemed
a non -conforming use as described above, the provisions of Article VII, Land
Development Code pertaining to expansion and relocation shall be modified to allow
the non -conforming use to continue if expanded or relocated on a one-time basis
within the present zoning category if 1) the Internet/Sweepstakes Cafe deemed a
nonconforming use dedicated less than 25% of its square footage to
internet/sweepstakes activity in the original location prior to the expansion or
relocation, and 2) the Internet/Sweepstakes Cafe dedicates less than 25% of its square
footage to intemet/sweepstakes activity after the expansion or relocation.
a. No person or entity shall propose, cause or permit the operation of, or
enlargement of Internet/Sweepstakes Cafes, Pawn Shops and Tattoo
Parlors/Body Piercing Studios that would or will be located within, 1,000 feet
of a preexisting Internet/Sweepstakes Cafes, Pawn Shops and Tattoo
Parlors/Body Piercing Studios, within 500 feet of a preexisting commercial
establishment that in any manner sells or dispenses alcohol for on -premises
consumption, within 500 feet of a preexisting religious institution, within 500
feet of a preexisting park, or within 2,500 feet of a preexisting educational
institution. In this subsection the term "enlargement" includes, but is not
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limited to, increasing the floor size of the establishment by more than ten
percent.
b. In addition to the distance requirements set forth in the subsection above,
Internet/Sweepstakes Cafes, Pawn Shops and Tattoo Parlors/Body Piercing
Studios shall not be allowed to open anywhere except in the I-1 district (with
the exception of parcels having frontage on Park Avenue) where
Internet/Sweepstakes Cafes, Pawn Shops and Tattoo Parlors/Body Piercing
Studios are an expressly permitted use.
C. The aforementioned distance requirements are independent of and do not
supersede the distance requirements for alcoholic beverage establishments
which may be contained in other laws, rules, ordinances or regulations.
21. See Pain Clinics, Section 21-39 for details.
LL. 1ne number of aispensing mcnities snail be limitea to two (L) witnin the Uity limits.
Une (1) aispensmg lacility may be located norin of lnaian Kiver Lioulevara-J.K. 44L
and one (1) dispensing facility may be located south of Indian River Boulevard-S.R.
44L. Lllispensmg tacinties snail comply with the lollowmg separation requirements:
a. Ivo aispensmg facility snail be located witnm one tnousana live nunarea
(1,JUU) teet of an estabnsnea cnurcli or public or private scnool.
b. Ivo aispensmg lactuty snail operate witnm one tnousana rive nunarea (l,JUU)
teet of any existing dispensing tacnity.
C. 1 ne distance between dispensing tacnities snail be measured by the Lity from
each respective property line.
YarKing stanaarcls for arspensmg facilities snail contorm to stanaara retail parking
requirements contained in Article v.
Landloras wllo lease space to a dispensing lacility must expressly mCoi-Dorate
language into the lease or rental agreement stating that tailure to comply with the
restrictions, limitations and requirements set forth in the Land Development Code and
all other applicable provisions of the Code of Ordinances is a material non -curable
breach of the lease and shall constitute grounds for termination of the lease and
immediate eviction ov trie lanalora.
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.
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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.
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.
f. 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 11 of the City Code of Ordinances prior to initiating operation.
j. Garages, carports or similar structures, whether attached or detached shall not be used for
storage of material or manufacturing concerning the home occupation (other than storage of
an automobile).
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k. Any home business tax receipt that generates more than 10 vehicle trips per day shall require
a City fire inspection. Excessive traffic shall not be permitted other than routine residential
traffic.
1. An applicant may appeal the denial of an application to the City Council pursuant to the
requirements of the Land Development Code.
in. No home business tax receipt shall be issued for any property until such time that any Code
Compliance issues are resolved.
n. If the applicant does not own the property, said applicant shall provide a signed and notarized
affidavit from the property owner permitting a Home Occupation on their property, provided
the use is permitted by the City.
21-34.02— Community Residential Homes (CRH)
The purpose of this Section is to establish criteria for the placement of Community Residential
Homes.
a. All facilities shall comply with the minimum parcel area and dimensional requirements of the
zoning district in which the facility is located.
b. 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.
c. No counseling or other client services for non-residents shall be permitted in a CRH.
d. 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.
e. On-site signage shall be a low profile sign with a maximum height of 8 feet and a maximum
area of 16 square feet.
f. The CRH shall provide a minimum 4 -foot (4') high fence on all property lines.
g. The CRH shall comply with the appropriate project design standards described in Article V.
h. The CRH shall comply with all appropriate Florida Fire Prevention Codes and Building Code
requirements.
i. The minimum dwelling unit size for each resident shall be 750 square feet.
j. There shall be no more than fourteen (14) residents permitted in a structure.
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k. 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.
1. Failure to substantially comply with all these criteria shall subject the property owner, and/or
the applicant, to the enforcement provisions of Chapter 10, City of Edgewater, Code of
Ordinances.
in. A Community Residential Home shall not be located closer than 1,200 feet (1,200') to
another CRH.
n. All distance requirements shall be measured from the nearest point of the existing CRH
property line, or the zoning district described above, whichever is greater.
o. The City will inspect facilities for compliance with Florida Fire Prevention Codes.
21-34.03 — Adult Living Facilities (ALF)
The purpose of this Section is to provide regulations to protect the adjacent property values while
allowing the ALF to operate.
a. A minimum 4 foot (4') high fence shall be provided at all times.
b. Full time on-site management shall be provided at all times.
c. Minor on-site medical care may be provided at the option of the operator.
d. Each resident shall have the minimum square footage of personal living area for their use, as
required by the State.
e. Each facility shall be required to obtain an appropriate license prior to receiving 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 I-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.
c. 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.
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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.
f. No storage or parking of items under control of the salvage yard shall be permitted outside of
the fence or wall.
21-34.05 — Refuse and Dumpsters
The purpose of this Section is to control the placement and operation of refuse and dumpsters
and similar such uses.
a. Dumpsters on commercial, industrial and multi -family properties shall be enclosed from
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.
c. Gates shall be kept closed at all times except on designated pick up days.
d. Non-residential properties located within 150 -feet of a residential property line or noise
sensitive zone (as defined in the Noise Ordinance) shall not have 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 dumpsters.
21-34.06 — Kennels
The purpose of this Section is to minimize conflicts of noise, odor, and health hazards created by
kennels. In addition to the regulations as set forth within the district(s) in which the use is
located, the following minimum regulations shall apply:
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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.
b. All runs shall be equipped with drains provided every 10 feet (10') and connected to a
sanitary facility approved by the City Engineer.
c. No animal having a disease harmful to humans shall be boarded or maintained in the facility.
d. No building or other structure nor any dog run shall be located within 150 feet (150') of any
residential use.
e. Dog runs adjacent to a residential use shall not be used between the hours of 10 P.M. and 7
A.M.
f. Kennels are required to receive a commercial kennel license from the Volusia County
Animal Control Department and a City of Edgewater Business Tax Receipt after receiving a
Certificate of Occupancy from the City.
g. See Chapter 5 of the Code of Ordinances, City of Edgewater, Florida for additional
regulations.
21-34.07 — Mini -warehouses
Mini -warehouses may be permitted under the following conditions:
a. Mini -warehouse buildings shall be screened from the public right-of-way by a minimum of a
six foot (6') high stockade fence or masonry wall with a ten foot (10') wide landscape buffer
planted adjacent to the street side on all boundaries facing residential districts. Existing sites
with chain link fence may be enclosed with slatting. New sites shall require stockade
fencing, 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. Hose bibs for cleaning purposes
may be installed outside of the warehouse structures.
d. Bathroom facilities shall be provided at a central facility in accordance with the Standard
Plumbing Code.
e. Mini -warehouses are to be used solely for storage purposes. No other commercial use or
business shall be permitted within the facility unless permitted as part of a Master Plan.
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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 flammables, weapons, ammunition, explosives, hazardous, or illegal
substances or materials is allowed.
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 1 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.
b. One ground sign not to exceed sixteen (16) square feet of display area and an overall height
of eight feet (8').
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1. 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 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.
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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.
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 easement.
f. All accessory structures are required to obtain a building permit.
g. No accessory structure may be located in any front yard in any zoning district.
h. Accessory buildings shall conform to the setback requirements described in Table V-1 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.
k. The total square feet of all accessory buildings and/or storage sheds shall not exceed seventy
percent (70%) of the total square feet of the principle or primary structure in residentially
zoned areas.
1. Storage sheds of 200 sq. ft. or less and not utilized as a garage may be located five (5') feet
from rear and side property lines.
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in. 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, roofline and color.
21-36.03 — Outdoor Storage and Display: CommerciaUIndustrial
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 be located adjacent to any residential district or use unless such storage or
display is screened from the view of the neighboring residential district or use.
b. No outdoor storage may be located in any required front yard, parking areas, fire zones,
loading areas or access lanes.
c. All outdoor storage areas shall be screened from view by a six foot (6') high stockade fence,
vinyl fence or masonry wall. However, 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, vinyl 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 and shall be limited to one of any
one product or model and shall be located in a designated displace. In addition one (1)
ice machine and one (1) LP Gas dispenser shall be permitted in a designated exterior area.
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,
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etc. This section shall not apply to permitted garage/yard sales, authorized farmers/craft
markets and permitted special activities/events.
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.
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. At no time
shall any exterior display areas impede the entry or means of egress of any doorway. 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.
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f. The required setback shall be measured from the closest point of the outermost edge of the
antenna or satellite dish to the property line.
g. Except as provided in Article XII, the height restrictions for antennas and satellite dishes
shall not exceed the height limit in that district.
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 boathouses: 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.
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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.
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 — 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.
1. All tie downs must be secured to solid,
anchors, concrete driveways, buildings,
instructions or engineer's specifications.
immoveable objects such as: mobile home
etc., or as per manufacturer's installation
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 lift.
c. There shall be a limit of two (2) canopies/temporary carports and tents per parcel.
Canopies/temporary carports and tents shall be located behind the front building setback line
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.
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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.
21-36.09 — 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
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.
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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.
£ 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
an ASTM laboratory may be accepted, if inspected and approved by a licensed plumbing
inspector.
Discharge water
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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 be discharged into a sanitary or
combined sewer.
j 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.
1. 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
Charitable 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 (1) 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
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.
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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 services.
Special activity permit — a permit issued by the City to authorize a special activity.
Sponsor/promoter — any person, group or entity ultimately responsible in full or part for
producing, operating, sponsoring or maintaining a special activity.
21-37.03 — 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.
b. The number of special activities at any given location or address shall not exceed:
1. One 10 -day period and two 1 -day charitable events/activity between the period of
January Is' through June 30`h; and
2. One 10 -day period and two 1 -day charitable events/activity between the period of
July 1 st through December 31 st
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
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granted for more than a one (1) 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 an 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.
b. The proposed activity shall comply with the appropriate Florida Fire Prevention Codes
conditions.
c. The proposed activity shall comply with the City's Land Development Code and noise
ordinance conditions.
d. The proposed activity will direct on-site lighting away from adjacent parcels and roadways.
e. The proposed activity shall have adequate sanitary facilities.
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f. The applicant shall post a bond or provide insurance in the amount of $500,000 if no on-site
alcohol consumption is proposed and $1,000,000 if on-site alcohol consumption is permitted
and/or pyrotechnics are proposed to indemnify and hold the City harmless of any and all
liabilities.
g. The City Council may waive the requirements as contained in Section 21-35.01 for alcohol
sales and/or consumption associated with a special activity.
h. The City Council may add other conditions to protect the health, safety and welfare of the
residents.
21-37.06 — Temporary Structures
It shall be the responsibility of the applicant of the special activity permit to ensure the structural
integrity of all temporary structures erected for special activities. The structures are to be safe,
structurally sound and of adequate capacity to service the number of persons proposed to use the
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.
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
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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 and shall be consistent
with or similar to other fencing in the vicinity.
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 between the front property line and the
primary building frontage line of residential properties 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.
f. 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.
g. Approval to exceed maximum height limitations may be granted by the Development
Services Director/Planning Director subject to either of the following:
1. 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.
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2. The area to be enclosed or screened contains a nuisance or a hazard that cannot
adequately be encompassed or obscured by a fence of the maximum allowable height.
h. 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 be
installed at a height of less than six -feet (6') with the exception of agriculturally zoned
property.
i. Electric or electrified fences and/or any fencing containing chicken wire shall be 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.
1. 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 '/2') to ten feet (10') above the intersecting street
right-of-way lines. The site triangle shall be measured twenty five feet (25') 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)
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SECTION 21-39 — PAIN CLINICS
21-39.01— Purpose
The purpose of this Section is to set forth the standards necessary for the regulation of pain
clinics.
21-39.02 — General Requirements
a. Pain Clinics shall not have employees, full-time, part-time, contract, independent or
volunteers who have been convicted of or who have pled guilty or nolo contendere at any
time to an offense constituting a felony in this state or in any other state involving the
prescribing, dispensing, supplying, selling or possession of any controlled substance within a
five (5) year period prior to the date of the application for a Certificate of Use and that the
Pain Clinics shall not employ any such persons thereafter.
b. The Pain clinic shall be operated by a medical director who is a licensed physician in the
State.
c. The Pain Clinic shall not limit the form of payment for services or prescriptions to cash only.
d. Pain Clinics are prohibited from having any outdoor seating areas, queues or customer
waiting areas or permitting patients to wait on the Pain Clinic property outside the Pain
Clinic building. There shall be no loitering outside of the Pain Clinic building, including any
parking area, sidewalk, right-of-ways or adjacent properties. No loitering signs shall be
posted in conspicuous areas on all sides of the building. All activities of a Pain Clinic,
including sale, display, preparation and storage shall be conducted entirely within a
completely enclosed building.
e. The Pain Clinic shall not be operated by or have any contractual or employment relationship
with a physician:
1. Whose drug enforcement administration number has ever been revoked.
2. Whose application for a license to prescribe, dispense or administer a controlled
substance has been denied or revoked by any jurisdiction.
f. The owner or physician shall not have been convicted of violating a pain management
ordinance in a different city, county or state.
g. Pain Clinics are prohibited from having an on-site pharmacy for Controlled Substance
Medication.
h. There shall be no on-site sale or consumption of alcoholic beverages on the property
containing a Pain Clinic.
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i. No Pain Clinic shall be located within five hundred (500) feet within an established private
or public school, church or daycare facility.
j. No Pain Clinic shall be located within one thousand (1,000) feet of another Pain Clinic.
k. Within thirty (30) days of the removal of a Pain Clinic from a building, site or parcel of land
for any reason, the property owner shall be responsible for removing all signs, symbols or
vehicles identifying the premises as a Pain Clinic. In the event of noncompliance with this
provision the City may remove such signs at the expense of the property owner.
1. Pain Clinics shall remain in compliance with all federal, state, county and municipal laws and
ordinances as may be amended from time to time
in. Pain Clinics may operate Monday through Friday during the hours of 9:00 a.m. and 5:00 p.m.
only.
n. Pain Clinics shall have a waiting room of at least three hundred (300) gross square feet in
area and each examination room shall consist of at least one hundred (100) gross square feet
in area.
o. Pain Clinics shall provide one (1) parking space per ten (10) gross square feet of waiting
room area, two (2) parking spaces per one (1) examination room and one (1) parking space
per two hundred fifty (250) gross square feet of the remaining building area.
p. All Pain Clinics shall allow representatives of the City to enter and inspect their places of
business during business hours or at any time the business is occupied for the purpose of an
initial inspection to verify compliance with the requirements of the City Land Development
Code, Code of Ordinances, Florida Building Code and Florida Fire Prevention Code prior to
Certificate of Use approval and thereafter on an annual basis in conjunction with the
Certificate of Use renewal.
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