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12-14-2016Planning and Zoning Board City of Edgewater Meeting Agenda 104 N. Riverside Drive Edgewater, FL 32132 Council Chambers6:30 PMWednesday, December 14, 2016 We respectfully request that all electronic devices are set for no audible notification. 1. CALL TO ORDER 2. ROLL CALL 3. APPROVAL OF MINUTES Regular Meeting - November 9, 2016a. MinutesAttachments: 4. OLD BUSINESS-PUBLIC HEARING None at this time 5. NEW BUSINESS - PUBLIC HEARING VA-1618 - William Hartzel, owner, requesting a variance from Section 21-50.02 of the Land Development Code for property located at 2517 Tamarind Drive. a. Location Map Aerial Site Plan Attachments: VA-1619 - Richard Petronzi, owner, requesting a variance from Section 21-50.02 of the Land Development Code for property located at 3022 Juniper Drive. b. Location Map Site Plan Aerial pictures Attachments: Page 1 City of Edgewater Printed on 12/8/2016 December 14, 2016Planning and Zoning Board Meeting Agenda AN-1611 - Glenn D. Storch, applicant, requesting annexation of 285.113± acres of land located west of I-95 and south of the Indian River Boulevard Extension and the proposed Deering Park development. c. Location Map Aerial Farmton Local Plan Area Map Attachments: AN-1610 - Glenn D. Storch, applicant, requesting annexation of 670.276± acres of land located west of I-95 and south of the Indian River Boulevard Extension and the proposed Deering Park development. d. Location Map Aerial Attachments: CPA-1613- Glenn D. Storch, applicant, requesting an amendment to the Comprehensive Plan Future Land Use Map to include 670.276± acres of land located west of I-95 and south of the Indian River Boulevard Extension and the proposed Deering Park development as Mixed Use with Conservation Overlay e. Location Map Aerial Future Land Use Map Attachments: RZ-1610- Glenn D. Storch, applicant, requesting an amendment to the Official Zoning Map to include 670.276± acres of land located west of I-95 and south of the Indian River Boulevard Extension and the proposed Deering Park development as MUPUD (Mixed Use Planned Unit Development) f. Location Map Aerial Zoning Map MUPUD Agreement Attachments: TA-1602: Amending the Land Development Code (LDC) and Articles II (Definitions); III (Permitted, Conditional, Accessory, and Prohibited Uses) to include regulations related to Medical Cannabis Dispensing Facilities. g. Article II_12-7-16 Article III_12-7-16 Attachments: 6. OTHER BUSINESS None at this time. 7. DISCUSSION ITEMS a. Development Services Director’s Report Page 2 City of Edgewater Printed on 12/8/2016 December 14, 2016Planning and Zoning Board Meeting Agenda b. Chairman's Report c. Agency Members’ Report 8. ADJOURN Pursuant to Chapter 286, F.S., if an individual decides to appeal any decision made with respect to any matter considered at a meeting or hearing, that individual will need a record of the proceedings and will need to ensure that a verbatim record of the proceedings is made. The City does not prepare or provide such record. In accordance with the Americans with Disabilities Act, persons needing assistance to participate in any of these proceedings should contact City Clerk/Paralegal Robin L. Matusick, 104 N. Riverside Drive, Edgewater, Florida, telephone number 386-424-2400 x 1101, 5 days prior to the meeting date. If you are hearing or voice impaired, contact the relay operator at 1-800-955-8771 One or more members of City Council or other advisory boards may be present. Page 3 City of Edgewater Printed on 12/8/2016 104 N. Riverside Drive Edgewater, FL 32132City of Edgewater Meeting Minutes Planning and Zoning Board 6:30 PM Council ChambersWednesday, November 9, 2016 1. CALL TO ORDER Chairman Card called the meeting to order at 6:30 p.m. 2. ROLL CALL Robert McIntosh, Pat Card, Robert Andrejkovics, David Tyree, Paul Wright and Michael Eichhorn Present 6 - George KennedyExcused1 - Development Services Director Darren Lear and Senior Planner Bonnie BrownAlso Present 2 - 3. APPROVAL OF MINUTES a.Regular Meeting - October 12, 2016 A motion was made by Mr. Andrejkovics, second by Mr. Tyree, to approve the minutes of October 12, 2016. The MOTION was APPROVED by the following vote: Yes:Robert McIntosh, Pat Card, Robert Andrejkovics, David Tyree, Paul Wright, and Michael Eichhorn 6 - Absent:George Kennedy1 - 4. OLD BUSINESS-PUBLIC HEARING - NONE AT THIS TIME 5. NEW BUSINESS - PUBLIC HEARING a.AN-1608 - Ed and Donna Ruby requesting annexation of 3.46± acres of land located along the north side of Acee Drive (PID 7431-00-00-0151). Mr. Lear provided a staff report and background information on the request. Chairman Card opened the public hearing. Ed Ruby, 425 S. Atlantic Avenue, New Smyrna Beach, explained why they wanted to annex and the proposed future use of the property. There being no futher comment Chairman Card closed the public hearing. A motion was made by Mr. McIntosh, second by Mr. Tyree, to send a favorable recommendation to City Council for the annexation of 3.46± acres of land located along Acee Drive (PID 7431-00-00-0151). The MOTION was APPROVED by the following vote: Page 1City of Edgewater Printed on 12/7/2016 November 9, 2016Planning and Zoning Board Meeting Minutes Yes:Robert McIntosh, Pat Card, Robert Andrejkovics, David Tyree, Paul Wright, and Michael Eichhorn 6 - Absent:George Kennedy1 - b.CPA-1611 - Ed and Donna Ruby requesting an amendment to the Comprehensive Plan Future Land Use Map to include 3.46± acres of land located along the north side of Acee Drive (PID 7431-00-00-0151) as Low Density Transition. Mr. Lear provided background information and staff's recommendation. Chairman Card opened the public hearing. There being no public or board member comments Chairman Card closed the public hearing. A motion was made by Mr. McIntosh, second by Mr. Eichhorn, to send a favorable recommendation to City Council for the amendment to the Future Land Use Map to inlcude 3.46± acres of land located along Acee Drive (PID 7431-00-00-0151 ) as Low Density Transition. The MOTION was APPROVED by the following vote: Yes:Robert McIntosh, Pat Card, Robert Andrejkovics, David Tyree, Paul Wright, and Michael Eichhorn 6 - Absent:George Kennedy1 - c.AN-1609 - Amberly Pearson, requesting annexation of 8.6± acres of land located along Pearl Lake Trail and Taylor Road. Mr. Lear provided background information and staff's recommendation. Chairman Card opened the public hearing. There being no public or board member comments Chairman Card closed the public hearing. A motion was made by Mr. Andrejkovics, second by Mr. McIntosh, to send a favorable recommendation to City Council for the annexation of 8.6± acres of land located at 2450 Taylor Road; 2460 Taylor Road and the parcels to the east and south of 2450 Taylor Road. The MOTION was APPROVED by the following vote: Yes:Robert McIntosh, Pat Card, Robert Andrejkovics, David Tyree, Paul Wright, and Michael Eichhorn 6 - Absent:George Kennedy1 - d.CPA-1612 - Amberly Pearson, requesting an amendment to the Comprehensive Plan Future Land Use Map to include 8.6± acres of land located at 2450 Taylor Road; 2460 Taylor Road and the parcels to the east and south of 2450 Taylor Road as Low Density Transition with Conservation Overlay. Mr. Lear provided background information and staff's recommendation. Chairman Card opened the public hearing. There being no public or board member comments Chairman Card closed the public hearing. Page 2City of Edgewater Printed on 12/7/2016 November 9, 2016Planning and Zoning Board Meeting Minutes A motion was made by Mr. Wright, second by Mr. McIntosh, to send a favorable recommendation to City Council for the amendment to the Future Land Use Map to inlcude 8.6± acres of land located at 2450 Taylor Road; 2460 Taylor Road and the parcels to the east and south of 2450 Taylor Road as Low Density Transition with Conservation Overlay. The MOTION was APPROVED by the following vote: Yes:Robert McIntosh, Pat Card, Robert Andrejkovics, David Tyree, Paul Wright, and Michael Eichhorn 6 - Absent:George Kennedy1 - e.RZ-1609 - Amberly Pearson, requesting an amendment to the Official Zoning Map to include 8.6± acres of land located at 2450 Taylor Road; 2460 Taylor Road and the parcels to the east and south of 2450 Taylor Road as RT (Rural Transitional). Mr. Lear provided background information and staff's recommendation. Chairman Card opened the public hearing. There being no public or board member comments Chairman Card closed the public hearing. A motion was made by Mr. McIntosh, second by Mr. Tyree, to send a favorable recommendation to City Council for the amendment to the Official Zoning Map to inlcude 8.6± acres of land located at 2450 Taylor Road; 2460 Taylor Road and the parcels to the east and south of 2450 Taylor Road as RT (Rural Transitional). The MOTION was APPROVED by the following vote: Yes:Robert McIntosh, Pat Card, Robert Andrejkovics, David Tyree, Paul Wright, and Michael Eichhorn 6 - Absent:George Kennedy1 - f.VA-1615 - Burton Maroney, requesting a variance from Section 21-50.02 of the Land Development Code for property located at 2303 Orange Tree Drive. Mr. Lear provided background information and staff's recommendation. Mr. Lear noted that the property immediately to the north was unopened right-of-way known as 28th Street, adding that the location of the carport would not have any impact on any neighbors. Chairman Card opened the public hearing. There being no public or board member comments Chairman Card closed the public hearing. A motion was made by Mr. Andrejkovics, second by Mr. McIntosh, to approve the variance request to allow a carport to be located five-feet from the property line for property located at 2303 Orange Tree Drive. The MOTION was APPROVED by the following vote: Yes:Robert McIntosh, Pat Card, Robert Andrejkovics, David Tyree, Paul Wright, and Michael Eichhorn 6 - Absent:George Kennedy1 - Page 3City of Edgewater Printed on 12/7/2016 November 9, 2016Planning and Zoning Board Meeting Minutes g.VA-1616 - Storch Law Firm, requesting an amendment to Section 21-50.02 of the Land Development Code for property located at 214 Schooner Avenue. Mr. Lear provided background information and staff's recommendation. Chairman Card opened the public hearing. Glenn Storch, 430 N. Nova Road, Daytona Beach, stated the addition is compatible with the neighboring residences and they have approval from the HOA as well the adjacent property owners. There being no further public or board member comments Chairman Card closed the public hearing. A motion was made by Mr. Wright, second by Mr. Andrejkovics, to approve the variance request to allow 39% building coverage at property located at 214 Schooner Avenue. The MOTION was APPROVED by the following vote: Yes:Robert McIntosh, Pat Card, Robert Andrejkovics, David Tyree, Paul Wright, and Michael Eichhorn 6 - Absent:George Kennedy1 - h.VA-1617 - Marie-Antoinette Martelly, requesting a variance from the Edgewater Lakes Residential Planned Unit Development (PUD) Agreement for property located at 305 Admiralty Court. Mr. Lear provided background information and staff's recommendation. Chairman Card opened the public hearing. There being no public or board member comments Chairman Card closed the public hearing. Mr. Andrejkovics stated for the record that he is the Edgewater Lakes HOA President and serves on the ARC, he stated this was before them but that he has no connection to the property owner and does not stand to gain in this matter. A motion was made by Mr. Andrejkovics, second by Mr. Tyree, to approve the variance request to allow the patio to be constructed six-feet from the property line for property located at 305 Admiralty Court. The MOTION was APPROVED by the following vote: Yes:Robert McIntosh, Pat Card, Robert Andrejkovics, David Tyree, Paul Wright, and Michael Eichhorn 6 - Absent:George Kennedy1 - 6. OTHER BUSINESS None at this time. 7. DISCUSSION ITEMS a. Development Services Director’s Report None at this time. Page 4City of Edgewater Printed on 12/7/2016 November 9, 2016Planning and Zoning Board Meeting Minutes b. Chairman's Report None at this time. c. Agency Members’ Report None at this time. 8. ADJOURN There being no further business to discuss, the meeting adjourned at 6:54 p.m. Minutes Respectfully Submitted By: Bonnie Brown Senior Planner Page 5City of Edgewater Printed on 12/7/2016 City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:VA-1618,Version:1 ITEM DESCRIPTION: VA-1618 -William Hartzel,owner,requesting a variance from Section 21-50.02 of the Land Development Code for property located at 2517 Tamarind Drive. REQUESTED ACTION:Allow a shed to be constructed 10-feet from the rear property line in lieu of the required 20- feet and seven-feet (7’) from the side property line in lieu of the required 10-feet. LOCATION:2517 Tamarind Drive AREA:.23± acres PROPOSED USE: 12’ x 20’ Shed CURRENT LAND USE: Single Family Residence FLUM DESIGNATION: Low Density Residential ZONING DISTRICT:R-2 (Single Family Residential) VOTING DISTRICT: 3 SURROUNDING AREA: Current Land Use FLUM Designation Zoning District North Single Family Residence Low Density Residential R-2 (Single Family Residential) East Single Family Residence Low Density Residential R-2 (Single Family Residential) South Single Family Residence Low Density Residential R-2 (Single Family Residential) West Single Family Residence Low Density Residential R-2 (Single Family Residential) Background:This property currently contains a single family residence constructed in 2000.In an effort to keep the shed from being in the middle of the yard the applicant is requesting variances to allow the shed to be located closer to the property lines. Adjacent property owners were notified of the request on December 1, 2016; staff has not received any objections. Land Use Compatibility:The addition of a shed is compatible with the single family residences in the vicinity. Adequate Public Facilities:The property has access via Tamarind Drive; City water and sewer is available. Comprehensive Plan Consistency:N/A RECOMMENDED ACTION Motion to approve the variance request and allow a 12’x 20’shed to be located 20-feet from the rear property line and City of Edgewater Printed on 12/8/2016Page 1 of 2 powered by Legistar™ File #:VA-1618,Version:1 Motion to approve the variance request and allow a 12’x 20’shed to be located 20-feet from the rear property line and seven-feet (7’) from the side property line on property located at 2517 Tamarind Drive. City of Edgewater Printed on 12/8/2016Page 2 of 2 powered by Legistar™ 2 6 T H S T V I S T A P A L M D R T A M A R I N D D R U N I T Y T R E E D R W O O D L A N D D R S I L V E R P A L M D R . Su bject Property Date : 11/28/2016 . Date : 11/28/2016 Su bject Property e> o u n d a r y ? u r v e y LO T 12 0 1 9 LO T 12 0 1 8 12 0 2 0 LO T 12 0 1 7 LO T 12 0 5 2 S4 0 W ' O O " E 53 9 9 5 8 ' 4 5 . E .z . r i1 0 • ~~ ~0±205 1 B 0 39 0 ~~ 1i 3- 0 ~~ A/ C .. ,, • E J 80 . 0 0 ' (0 ) 80 . 2 8 ' (M ) LO T 12 0 5 0 0 . 6 ' ~f> ;7' ~ ~ ~ "" "" ~ Si tr l • "' ~ - - ~ ~ C ) II LO T 12 0 4 9 ~~ g c:: > • p ~< : > C?: ~ ~~ ON E ST O R Y ... s c:: > .. :i t " CO N C . .. . .. " .. .., :;· . 'c " i N ·. ·.: - - :. OR I . f t . . ~ f .. . . . . . . . . ~. :. ) : ·: · .. ·: .. :, · . . 12 5 1 1 21 1 . 6 ' -- " Cl ! 2~ 18 . 1 ' ~ c:: > 10 . 1 · - ( l j ~ ~- . \ · ''). ~ · ~Q 0 i H -· · , · 1 1 rd N :a v o ; , 1 : / 80 . 0 0 ' (O J I ~ --1\ r ; ; : i ; , ; 5 ; ~ ·· · · · · .. . 80 . 0 2 ' (M ) . ~ 27 9 . 9 B ' { M } 8 .. . £. O. P . 1Q r . · . . \ 1Q £. O. 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F : S - MO O D FR A M E STRUC1UR£ - - - - - - RIGHT-OF-WAY UNE - - -i - - - CEN7ERLJN£ - - x - - BARB lffR£ FENCE MOOD FENCE CHAIN LJNK FENCE PLAS11C FDIC£ I I 1 7 v " I I BE A R I N G S SH O W N HEREON ARE BASED UPON TH E AS S U M E D CENTERLINE OF TAMARIND DR I V E BE I N G N 40"00'00" W PER PLAT NO J E S : 1) 71 1 1 8 su r v e y la bo s o d on thtt llHJOI dnaiptlon as provld«I by th t t Ql o n t 2 ) Th i s Su r v o y o r ht o no t obstroctod thtt land #!own htlf"oon for eo s t : m a n t s , ri g h t s o f way or rttatrlctlons of record which mo y of f o c t th o l/ U o or US(J of the lond 3 ) Do no t re c o t t 1 1 t n u : t property /Inn from buildJng tin 4 ) No fo o t i n g o r oM l r l l o n g s hovo boon locotod OJtCf!Pt as shown .5 ) No mp r o w m e n t 1 1 or utnitlas hovo btntn locotod tntet1Pt as #! o w n 6) No t WJ l / d wi t h o u t a tllgnoturtt ond tho outhantlcatod de t : t r o n k 8o a l or th o orlgind ralsod Hal of o Florido ll c e n n d S u n o p on d Moppot' Ci : d l l i r ; p t l q a : I co r t l l y that this smwty wos modo undtJr my dl r e t : t l o n on d t h a t ! B t m '" !JP,~lnlnium tot:hnlcol 11tondord11 se t fo r t h by th o Bi oLt:r!JHplpnol Lond Suneps and Ma p p e r s In Ch t l f l l ' • f'll.''.Fl#'J!Jt& AdminlsfnltlYll Codo. ~- l ~ . · ~S',g~r. Statutes. fo { No. 5910~\ ~ ~~~ <> i : I J. ~ 51'. F ~· ,l- 6 ) ·,:- . . - - .. ~--<,"'.-· ...__..... ', ' f ; a · · · · · ......... 'l>-, .. ' •• ~-i•'"'"""'"'o"'" •. '•, , ~ su;-vt:.~ ,,,•' LE O N L. HA M P ' f 6 X i " P.S.M. NO. 5910 City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:VA-1619,Version:1 ITEM DESCRIPTION: VA-1619 -Richard Petronzi,owner,requesting a variance from Section 21-50.02 of the Land Development Code for property located at 3022 Juniper Drive. REQUESTED ACTION:A variance to allow the construction of a 120-square foot shed to be located eight-feet (8’) from the rear property line in lieu of the required 20-feet. LOCATION:3022 Juniper Drive AREA:.23± acres PROPOSED USE: Construction of a shed CURRENT LAND USE: Single Family Residence FLUM DESIGNATION: Low Density Residential ZONING DISTRICT:R-2 (Single Family Residential) VOTING DISTRICT: 4 SURROUNDING AREA: Current Land Use FLUM Designation Zoning District North Single Family Residence Low Density Residential R-2 (Single Family Residential) East Single Family Residence Low Density Residential R-2 (Single Family Residential) South Single Family Residence Low Density Residential R-2 (Single Family Residential) West Single Family Residence Low Density Residential R-2 (Single Family Residential) Background:This property contains a single family residence constructed this year.The applicant is requesting a variance to allow a shed be constructed eight-feet (8’) from the rear property line. Adjacent property owners were notified of the request on December 1, 2016; staff has not received any objections. Land Use Compatibility:The addition of a shed is compatible with the adjacent single family residences. Adequate Public Facilities: The site has access via Juniper Drive; City water and sewer is available to the site. Comprehensive Plan Consistency:N/A RECOMMENDED ACTION Motion to approve the variance request allowing a shed to be constructed eight-feet (8’)from the rear property line for City of Edgewater Printed on 12/8/2016Page 1 of 2 powered by Legistar™ File #:VA-1619,Version:1 property located at 3022 Juniper Drive. City of Edgewater Printed on 12/8/2016Page 2 of 2 powered by Legistar™ 3 0 T H S T ROBERTS RD L I M E T R E E D R H I B I S C U S D R I N D I A P A L M D R J U N I P E R D R K U M Q U A T D R M A N G O T R E E D R . Su bject Property Date : 11/28/2016 r'~)l ~ >-. Ef?i)." ,.,..;::::. ..... • .I.I'"/' !~t j:t __,,..,.. I f' ~~I "'!;! ~ "Cf t"' =:; ~ :r Q ::i:i =~ 0 Ul = ~ 0 ~~ ~ ~ ."Cf ,-.. ... ~ ~ ~ ;;;; ~~ QC 00 QC ~ °' ~ en 0 ~ -Q -.... Q 0 t"1 ~ Q Q. z ~ t::i:I \C> > > ~ I > Ul ~ t"" ~ w ,? QC fJ} ~ 00 ~ ~ c. ~ fJ} lfQ ~ ~ :ii ~ ~ ~ ~ ~ ~ ~ ~ > 2 ~ Q ~ 9 :::!. 'W Cl., a: ~ QC = °' c.; ~ .._, N .... ~ Q w 'f N ~ t ~ t"" ~ 00 SUBJECT AREA LIES JN FLOOD ZONE "X" (AREAS OF MINIMAL FLOODJNG) PER FEDERAL EMERGENCY lvlANAGEMENT AGENCY FIRM FLOOD ZONE DETERMINED BY SCALING FROM . FLOOD INSURANCE RATE MAPS COMMUNITY# 120308, PANEL #0685 SUFF£X H, DATE FEB . 19, 2014, MAP NUMBER. . 12127C0685 H t_QJJ ' Ptio'"sel J"J.'XJI:>' SHB~ cs•i 'f7f11cs.) LOT 7862 (Not Included) ~)') " ~· I ~? -~II .~.J I I ~~ ;;: ~ ~-~ 'cl ~ ((.) a r---~~ "~ -..<::) ~g ~~ S-'""i 'c$ Q~ ~£ ~~ c::: 9::i rii Di ~I\) ~.Q. ~ -~ ~ ~I\) ~-'05 ~~ k~ ~~ ~ ' ~ ~~ ....,;::. ~ THE SURVEY DEPJCTEl>HEREON IS NOT VALID WITHOUT THE SIGNATURE AND ORIGJNALRAJSED SEAL OF A LICENSED FLORIDA SURVEYOR AND MAP.PER CHECKED BY: BJP DRAWN BY : BJP FILED IN: FB "A" PG 119 PARTY CHIEF: BJP . SURVEY DATE: DEC. 11, 2015 SHEET l OF l FORESIGHT FILE :3022 JUNIPER VECTOR WORKS FILE:3022 JUNIPER LOTS 7782 & 7783 BLK 259 FLA SHRS NO 8 MB 23 PG 132 SURVEY TYPE: BOUNDARY AND SPECIFIC PURPOSE FLOOD ZONE CLASSIFICATION LEGAL DESCRIPTION: Lots 7780 and 7781, in Block 259 of FLORIDA SHORES NO. 8, a subdivision according to the Plat thereof, recorded in Map Book 23, at Page 132, of the Public Records of Volusia County, Florida. SURVEYORS NOTES: l) ANGLES AND DISTA.t'!CES REFER TO PLAT OF RECORD 2) DISTANCES SHOWN HEREON ARE IN FEE1' AND DECIMALS THEREOF 3) THE CERTIFICA Tr:;:oF THIS SURVEY REFERS Ta-fHE FIELD SURVEY DATE 4) LEGAL DESCRIPTION AJ-..TD NON PLATTED EASEMENTS PROVIDED BY CLIENT OR REPRESENTATIVES OF THE CLIENT. This Plat Is Certified To: l) KHP CONSTRUCTION, INC. . 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Riverside Drive Edgewater, FL 32132 File #:AN-1611,Version:1 ITEM DESCRIPTION: AN-1611 -Glenn D.Storch,applicant,requesting annexation of 285.113±acres of land located west of I-95 and south of the Indian River Boulevard Extension and the proposed Deering Park development. OWNER:Farmton Deering Park LLC REQUESTED ACTION: Annexation LOCATION:West of I-95 and south of the Indian River Boulevard Extension and the proposed Deering Park development. AREA:285.113± acres PROPOSED USE: There are no proposed changes to the current use. CURRENT LAND USE: Vacant FLUM DESIGNATION: Volusia County Farmton Local Plan Area (LPA) ZONING DISTRICT:Volusia County - FR (Forestry Resource) and RC (Resource Corridor) VOTING DISTRICT: 2 SURROUNDING AREA: Current Land Use FLUM Designation Zoning District North Vacant Mixed Use with Conservation Overlay MUPUD (Mixed Use Planned Unit Development) East Vacant Volusia County Environmental Systems Corridor, Forestry Resource Volusia County FR (Forestry Resource) South Vacant Volusia County Farmton Local Plan Area, Environmental Systems Corridor, Forestry Resource Volusia County FR (Forestry Resource); RC (Resource Corridor) West Vacant Volusia County Farmton Local Plan Area Volusia County FR (Forestry Resource), RC (Resource Corridor) Background:This property is located south of the Deering Park property,west of I-95.The property is one of two (2) areas designated as the Gateway District and part of the Farmton Local Plan. The Gateway district is a distinct geographic area of approximately 821 acres (property proposed for annexation consists of 285.113 acres of the Gateway district)at the northern end of the Farmton Local Plan near SR 442 and I-95.It is separated from the other lands to the south by significant wildlife corridors and Environmental Core Overlay lands and will be planned to connect to the other Sustainable Development Area districts via a 200 foot transportation corridor.The City of Edgewater Printed on 12/8/2016Page 1 of 2 powered by Legistar™ File #:AN-1611,Version:1 will be planned to connect to the other Sustainable Development Area districts via a 200 foot transportation corridor.The district is designed to be mixed use allowing residential,retail,office,hotel,employment and business parks,and institutional uses which would be appropriate near a major interstate interchange.A full range of residential uses including single family,townhouse,and multi-family are permitted in order to provide diversity of housing types and price points, promote walkability, and encourage more compact development. Land Use Compatibility:The property is consistent with the adjacent vacant properties. Adequate Public Facilities:Public facilities are not readily available to the site at this time.Prior to site development all necessary infrastructure must be constructed. Comprehensive Plan Consistency:The proposed annexation is compatible with Policy 1.8.3 of the Future Land Use Element,which states “New development proposed within the County in areas that are contiguous to the City shall be annexed into the City and developed to City standards as a condition for the extension of public utilities.” RECOMMENDED ACTION Motion to send a favorable recommendation to City Council for the annexation of 285.113±acre of land located west of I -95 and south of the Indian River Boulevard Extension and the proposed Deering Park development. City of Edgewater Printed on 12/8/2016Page 2 of 2 powered by Legistar™ W I N D IA NRIVERBLV D S I- 9 5 N I- 9 5 . Su bject Property Date : 11/2/2016 . Date : 11/2/2016 Su bject Property 3/1/2011 FARMTON LOCAL PLAN - FUTURE LAND USE MAP Area of Farmton within Volusia County Area of Farmton within Brevard County Southwest Wildlife Corridor 10105.3 acres Deep Creek Conservation Area 1140.3 acres Greenkey and Environmental Core Overlay Sustainable Development Areas SDAs Gateway Town Center Village Work Place Mandatory Resource Based Open Space 1573.4 acres VOLUSIA COUNTYBREVARD COUNTY V OLU SIA C O U NTY SE MIN OLE C O U NTY Prepared by: Volusia County Growth and Resource Management Department LAKE HARNEY LAKEASHBY OSTEEN MAYTOWN RD P E L L R D Exhibit B MAP FIGURE 1-12N Cow CreekCorridor Power LineCorridor City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:AN-1610,Version:1 ITEM DESCRIPTION: AN-1610 -Glenn D.Storch,applicant,requesting annexation of 670.276±acres of land located west of I-95 and south of the Indian River Boulevard Extension and the proposed Deering Park development. OWNER:Volaco, Inc. REQUESTED ACTION: Annexation LOCATION:West of I-95 and south of the Indian River Boulevard Extension and the proposed Deering Park development. AREA:670.276± acres PROPOSED USE: There are no proposed changes to the current use. CURRENT LAND USE: Vacant FLUM DESIGNATION: Volusia County Forestry Resource and Environmental Systems Corridor ZONING DISTRICT:Volusia County - FR (Forestry Resource) and RC (Resource Corridor) VOTING DISTRICT: 2 SURROUNDING AREA: Current Land Use FLUM Designation Zoning District North Vacant Volusia County Farmton Local Plan Area, Environmental Systems Corridor, Forestry Resource Volusia County FR (Forestry Resource) East Vacant Volusia County Environmental Systems Corridor, Forestry Resource Volusia County FR (Forestry Resource) and A2 (Rural Agriculture) South Vacant Volusia County Farmton Local Plan Area, Environmental Systems Corridor, Forestry Resource Volusia County FR (Forestry Resource) West Vacant Volusia County Farmton Local Plan Area Volusia County FR (Forestry Resource) Background:This property is located south of the Deering Park property,west of I-95.The property is currently vacant; there is no estimated timeframe for development. Simultaneously with the annexation, the Future Land Use and Zoning Maps will be amended. City of Edgewater Printed on 12/8/2016Page 1 of 2 powered by Legistar™ File #:AN-1610,Version:1 Land Use Compatibility:The property is consistent with the adjacent vacant properties. Adequate Public Facilities:Public facilities are not readily available to the site at this time.Prior to site development all necessary infrastructure must be constructed. Comprehensive Plan Consistency:The proposed annexation is compatible with Policy 1.8.3 of the Future Land Use Element,which states “New development proposed within the County in areas that are contiguous to the City shall be annexed into the City and developed to City standards as a condition for the extension of public utilities.” RECOMMENDED ACTION Motion to send a favorable recommendation to City Council for the annexation of 670.276±acre of land located west of I -95 and south of the Indian River Boulevard Extension and the proposed Deering Park development. City of Edgewater Printed on 12/8/2016Page 2 of 2 powered by Legistar™ W IN D I A NRIVERBLV D S I- 9 5 N I- 9 5 . Su bject Property Date : 11/17/2016 . Date : 11/17/2016 Su bject Property City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:CPA-1613,Version:1 ITEM DESCRIPTION: CPA-1613-Glenn D.Storch,applicant,requesting an amendment to the Comprehensive Plan Future Land Use Map to include 670.276±acres of land located west of I-95 and south of the Indian River Boulevard Extension and the proposed Deering Park development as Mixed Use with Conservation Overlay OWNER:Volaco, Inc. REQUESTED ACTION: Amend Future Land Use Map to include property as Mixed Use with Conservation Overlay LOCATION:West of I-95 and south of the Indian River Boulevard Extension and the proposed Deering Park development. AREA:670.276± acres PROPOSED USE: There are no proposed changes to the current use. CURRENT LAND USE: Vacant FLUM DESIGNATION: Volusia County Forestry Resource and Environmental Systems Corridor ZONING DISTRICT:Volusia County - FR (Forestry Resource) and RC (Resource Corridor) VOTING DISTRICT: 2 SURROUNDING AREA: Current Land Use FLUM Designation Zoning District North Vacant Volusia County Farmton Local Plan Area, Environmental Systems Corridor, Forestry Resource Volusia County FR (Forestry Resource) East Vacant Volusia County Environmental Systems Corridor, Forestry Resource Volusia County FR (Forestry Resource) and A2 (Rural Agriculture) South Vacant Volusia County Farmton Local Plan Area, Environmental Systems Corridor, Forestry Resource Volusia County FR (Forestry Resource) West Vacant Volusia County Farmton Local Plan Area Volusia County FR (Forestry Resource) Background:This property is located south of the Deering Park property,west of I-95.This property is currently vacant; there is no estimated time frame for development. The property is being annexed and the Official Zoning Map will be amended simultaneously.The amendment will City of Edgewater Printed on 12/8/2016Page 1 of 2 powered by Legistar™ File #:CPA-1613,Version:1 The property is being annexed and the Official Zoning Map will be amended simultaneously.The amendment will become effective after certification from the Volusia Growth Management Commission and approval from the Florida Department of Economic Opportunity is received. Land Use Compatibility:The property is consistent with the adjacent vacant properties. Adequate Public Facilities:Public facilities are not readily available to the site at this time.Prior to site development all necessary infrastructure must be constructed. Comprehensive Plan Consistency: Volusia County -Environmental System Corridor (ESC)-This designation consists of important ecological corridors comprised of environmentally sensitive and ecologically significant lands.Land use activities occurring within these corridors shall not degrade these natural functions and connections.The intention is to provide protected,natural pathways which connect to other protected areas such as parks,conservation lands and water bodies.This inter- connection helps maintain the ecological integrity and ecodiversity of the County's vast natural resources. Volusia County -Forestry Resource (FR)-This designation is primarily suited for silviculture activities (the cultivation and harvesting of timber for commercial purposes),however,other limited agricultural activities may also be appropriate.Forest lands are a multiple-use resource which yields valuable agricultural products while providing wildlife habitat and recreational opportunities.In addition to being a multiple-use resource,the forests in Volusia may provide important environmental functions that may also be components of the land's value for silviculture,limited agriculture, wildlife habitat,protection of watershed lands,the prevention of soil erosion,reduction of stormwater runoff,and provision of high quality groundwater recharge.The Forestry Resource designation was developed to help provide protection to the silviculture business in Volusia County,in recognition of the need for adequate timber resources and to protect the value of the land for forest purposes and significant environmental purposes as well. City of Edgewater -Mixed Use.The Mixed-Use land use category permits low,medium and high density residential development;commercial uses (retail and office);light industrial;educational facilities;recreation facilities and compatible public facilities. City of Edgewater -Conservation Overlay.Properties that are designated as Conservation Overlay areas may potentially contain wildlife habitat areas including habitat for rare,endangered and threatened species,hydric soils/wetlands (as defined in the Conservation Element),mangrove swamps,cypress swamp,mixed hardwood swamp, hydric hardwood hammock and sand pine/xeric oak scrub,estuarine marsh ecotone,freshwater marshes,special vegetative communities,areas within a public water well radii of 500-feet,100-year floodplain areas and other areas subject to environmental or topographic constraints. RECOMMENDED ACTION Motion to send a favorable recommendation to City Council for the Future Land Use Map Amendment to include 670.276±acres of land located west of I-95 and south of the Indian River Boulevard Extension and the proposed Deering Park development as Mixed Use with Conservation Overlay. City of Edgewater Printed on 12/8/2016Page 2 of 2 powered by Legistar™ W IN D I A NRIVERBLV D S I- 9 5 N I- 9 5 . Su bject Property Date : 11/17/2016 . Date : 11/17/2016 Su bject Property N I- 9 5 S I- 9 5 N I- 9 5 S I - 9 5 W I N D I A N R I V E R B L V D O L D M I S S I O N R D This map is for illustrative purposes only. The data represented is provided as a public service for general informationand should not be used for legal, engineering, or surveying purposes. T he City of Edgew ater makes no claims, representations, or warranties, expressed or implied, concerning the validity (expressed or implied), the reliability, or accuracy of the GIS data and GIS map products furnished by the City. The burden for determining accuracy, completeness, timeliness, merchantability and fitness for or the appropriateness for use rests solely on the user of the map. The City of Edgewater disclaims any liability associated with the use or misuse of this map. Subject PropertyParcels: 8417-00-00-0010 8420-00-00-0020 Proposed City: Mixed Use with Conservation Overlay S I- 9 5 N I- 9 5 N I- 9 5 S I - 9 5 W I N D I A N R I V E R B L V D O L D M I S S I O N R D . . Date: 12/7/2016 Date: 12/7/2016 Existing Proposed This map is for illustrative purposes only. The data represented is provided as a public service for general informationand should not be used for legal, engineering, or surveying purposes. T he City of Edgew ater makes no claims, representations, or warranties, expressed or implied, concerning the validity (expressed or implied), the reliability, or accuracy of the GIS data and GIS map products furnished by the City. The burden for determining accuracy, completeness, timeliness, merchantability and fitness for or the appropriateness for use rests solely on the user of the map. The City of Edgewater disclaims any liability associated with the use or misuse of this map. Subject PropertyParcels: 8417-00-00-0010 8420-00-00-0020 Current County Future Land Use:FR\ESC County of VolusiaFuture Land Use Map City Limits Subject Property AGRICULTURE COMMERCIAL CONSERVATION ENVIR ONMENTAL SYSTEMS CORRIDOR FOR ESTRY RESOURCE GATEWAY GR EENKEY INDU STR IAL LOW IMPACT URBAN PUBLIC/SEMI-PUBLIC RURAL URBAN HIGH INTENSITY URBAN LOW INTENSITY URBAN MEDIUM INTENSITY INCOR PORATED City of EdgewaterFuture Land Use Map Subject Property Conservation Overlay Agriculture Recreation Conservation Public/Semi-Public High D ensity Residential Medium D ensity Residential Low Density Residential Low Density Transition Mixed Use Industrial Commercial Sustainable Community Development City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:RZ-1610,Version:1 ITEM DESCRIPTION: RZ-1610-Glenn D.Storch,applicant,requesting an amendment to the Official Zoning Map to include 670.276±acres of land located west of I-95 and south of the Indian River Boulevard Extension and the proposed Deering Park development as MUPUD (Mixed Use Planned Unit Development) OWNER:Volaco, Inc. REQUESTED ACTION:Amend the Official Zoning Map to include property as MUPUD (Mixed Use Planned Unit Development) LOCATION:West of I-95 and south of the Indian River Boulevard Extension and the proposed Deering Park development. AREA:670.276± acres PROPOSED USE: There are no proposed changes to the current use. CURRENT LAND USE: Vacant FLUM DESIGNATION: Volusia County Forestry Resource and Environmental Systems Corridor ZONING DISTRICT:Volusia County - FR (Forestry Resource) and RC (Resource Corridor) VOTING DISTRICT: 2 SURROUNDING AREA: Current Land Use FLUM Designation Zoning District North Vacant Volusia County Farmton Local Plan Area, Environmental Systems Corridor, Forestry Resource Volusia County FR (Forestry Resource) East Vacant Volusia County Environmental Systems Corridor, Forestry Resource Volusia County FR (Forestry Resource) and A2 (Rural Agriculture) South Vacant Volusia County Farmton Local Plan Area, Environmental Systems Corridor, Forestry Resource Volusia County FR (Forestry Resource) West Vacant Volusia County Farmton Local Plan Area Volusia County FR (Forestry Resource) Background:This property is located south of the Deering Park property,west of I-95.The property is currently vacant; there is no estimated time frame for development. City of Edgewater Printed on 12/8/2016Page 1 of 2 powered by Legistar™ File #:RZ-1610,Version:1 The property is being annexed and the Future Land Use Map will be amended simultaneously. Land Use Compatibility:The property is consistent with the adjacent vacant properties. Adequate Public Facilities:Public facilities are not readily available to the site at this time.Prior to site development all necessary infrastructure must be constructed. Comprehensive Plan Consistency: Per Table III-2 of the Land Development Code the MUPUD zoning designation is compatible with the Mixed-Use Future Land Use which is intended for innovative mixed use developments to include, but not be limited to commercial, light industrial and residential. RECOMMENDED ACTION Motion to send a favorable recommendation to City Council for the Zoning Map amendment to include 670.276±acres of land located west of I-95 and south of the Indian River Boulevard Extension and the proposed Deering Park development as MUPUD. City of Edgewater Printed on 12/8/2016Page 2 of 2 powered by Legistar™ W IN D I A NRIVERBLV D S I- 9 5 N I- 9 5 . Su bject Property Date : 11/17/2016 . Date : 11/17/2016 Su bject Property W I N D I A NRIVERBLV D S I - 9 5 N I- 9 5 This map is for illustrative purposes only. The data represented is provided as a public service for general informationand should not be used for legal, engineering, or surveying purposes. T he City of Edgew ater makes no claims, representations, or warranties, expressed or implied, concerning the validity (expressed or implied), the reliability, or accuracy of the GIS data and GIS map products furnished by the City. The burden for determining accuracy, completeness, timeliness, merchantability and fitness for or the appropriateness for use rests solely on the user of the map. The City of Edgewater disclaims any liability associated with the use or misuse of this map. Subject PropertyParcels: 8417-00-00-0010 8420-00-00-0020 Proposed City Zoning:MPUD - M ixed Use Planned U nit Development W I N D I A NRIVERBLV D S I- 9 5 N I- 9 5 .. Date: 12/7/2016 Date : 12 /7/20 16 Existing Proposed This map is for illustrative purposes only. The data represented is provided as a public service for general informationand should not be used for legal, engineering, or surveying purposes. T he City of Edgew ater makes no claims, representations, or warranties, expressed or implied, concerning the validity (expressed or implied), the reliability, or accuracy of the GIS data and GIS map products furnished by the City. The burden for determining accuracy, completeness, timeliness, merchantability and fitness for or the appropriateness for use rests solely on the user of the map. The City of Edgewater disclaims any liability associated with the use or misuse of this map. Subject PropertyParcels: 8417-00-00-0010 8420-00-00-0020 Current County Zoning:FR/RC ZoningAgricultureRT - Rural TransitionalR1 - Single Family ResidentialR2 - Single Family ResidentialR3 - Single Family ResidentialR4 - Multi Family ResidentialR5 - Multi Family ResidentialRPUD-Residential Planned Unit DevelopmentRP - Residential ProfessionalMH1 - Mobile Home ParkMH2 - Manufactured Home B2 - Neighborhood BusinessB3 - Higway CommercialB4 - Tourist CommercialI1 - Light IndustrialI2 - Heavy IndustrialIPUD - Industrial Planned Unit Development R - RecreationP/SP - Public/Semi-PublicC - ConservationMPUD - Mixed Use Planned Unit DevelopmentSCD/PUD-Sustainable Community Development Planned Unit DevelopmentRetains County Zoning . County Zoning A-1 A-2 A-2 (1 ) A-3 A-3 (1 ) A-4 B-2 B-4 B-4 W B-5 B-5 W B-6 (1 ) B-7 W BPUD C CW FR I-1 I-3W I-4 MH -1 MH -1 W MH -2 MH -3 MH -3 (1) MH -4 MH -5 MH -5 (1) MH -5 W MH -6 MH -7 (1) MH -8 MP UD PW R-3 R-3 W R-4 R-4 (1) R-4 W R-6 R-6 W RA RA(1 ) RC RCW RPUD RR RR(1 ) 1 THIS INSTRUMENT PREPARED BY: Glenn D. Storch, Esquire STORCH LAW FIRM 420 South Nova Road Daytona Beach FL 32114 AFTER RECORDING RETURN TO: Robin L. Matusick, City Clerk CITY OF EDGEWATER P.O. Box 100 Edgewater FL 32132-0100 For Recording Purposes Only MIXED-USE PLANNED UNIT DEVELOPMENT AGREEMENT VOLACO PROPERTY MUPUD THIS AGREEMENT is made and entered into this day of , 20___ by and between, the CITY OF EDGEWATER, FLORIDA, a municipal corporation, whose mailing address is P.O. Box 100, 104 N. Riverside Drive, Edgewater Florida 32132, (hereinafter referred to as “City”) and, VOLACO, INC., a Florida corporation, whose address is P.O. Box 457, DeLand, Florida 32721 (herein after referred to as “Landowner and/or Developer”). The purpose of this Agreement is to define the terms and conditions granting the development approval of the subject property. NOW, THEREFORE, in consideration of the agreements, premises, and covenants set forth herein and other good and valuable consideration, the parties agree as follows: 1. LEGAL DESCRIPTION AND OWNER The land subject to this Agreement is approximately 670.276± acres west of Interstate 95 and south of the Indian River Boulevard extension, in Volusia County, Florida. The legal description of the property is attached hereto as Exhibit “A” – Legal Description. The record owner of the subject property is Volaco, Inc. 2. DURATION OF AGREEMENT The duration of this Agreement shall be perpetual and run with the land. 2 3. FUTURE LAND USE AND ZONING DESIGNATION The Future Land Use designation for the Property is Mixed Use and Mixed Use with Conservation Overlay. The zoning designation for the Property shall be MUPUD (Mixed Use Planned Unit Development) as defined in the City Land Development Code (LDC), as amended. The City of Edgewater’s permitted uses for MUPUD are applicable to the development of the Property and consistent with the adopted Comprehensive Plan Future Land Use Map and LDC. Notwithstanding the foregoing, prior to the amendment of this Agreement to permit the first phase of development on the Property, as provided herein below, Landowner and/or Developer shall be permitted to use the Property for all agricultural pursuits in the same manner as if the Property retained the County’s “Forestry Resource” Comprehensive Plan and Zoning designations as they existed prior to annexation into the City of Edgewater. Use of the Property for agricultural pursuits shall be permitted to continue on those portions of the Property not designated for development via amendment to this Agreement for so long as said portions remain undeveloped. 4. DEVELOPMENT STANDARDS Based on the City’s Comprehensive Plan requirements for the Mixed Use Future Land Use designation, the Property is entitled to a maximum residential density of twelve (12) dwelling units per acre. Similarly, the Property is entitled to a maximum floor area ratio of zero point five (0.5) for non-residential development, as provided in the City’s Comprehensive Plan. The City acknowledges that this project may be developed in phases to ensure sound, long-range planning and development of the Property. Prior to any development on the Property, Landowner and/or Developer will be required to amend this Agreement for each phase of development in order to provide a plan for the phase and any limitations thereto, as well as to 3 ensure compliance with the City’s Comprehensive Plan and Land Development Code (LDC). This amendment shall include the proposed street and lot layout, preparation of a traffic impact analysis, and concurrency certifications for the phase to be developed pursuant to said amendment. Each phase of development must also incorporate a site plan which must be approved by City Council prior to commencement of any authorized work. Final approval of any development plan shall include, but not be limited to, a review of utilities, stormwater, traffic and road infrastructure, school concurrency, fire rescue, hydrants, law enforcement, environmental, solid waste containment and planning elements. Each Phase may have a different Developer that will comply with the terms and conditions within. Final project approval may be subject to change based upon final environmental, permitting, and planning considerations and/or Federal and State regulatory agencies permit requirements. 5. PUBLIC FACILITIES Prior to development of any phase of development, as provided in the future through amendment to this Agreement, Landowner and/or Developer agrees as follows: A. Landowner and/or Developer shall connect to and utilize the City’s water distribution system for each phase. Landowner and/or Developer agrees to connect to the City’s potable water system at the nearest point of connection, which will provide adequate flow for the development phase as determined by the City. All water main distribution system improvements installed by the Landowner and/or Developer shall be conveyed and dedicated to the City; B. Landowner and/or Developer shall connect to and utilize the City’s wastewater transmission and collection system for each phase. All wastewater collection and transmission system improvements installed by the Landowner and/or Developer shall be conveyed and dedicated to the City; 4 C. The City has determined that reclaimed water shall be available in the near future; therefore, the Landowner and/or Developer shall install piping in each phase for future reclaimed water service. Until reclaimed water is available to the site, the Landowner and/or Developer may use the piping for irrigation purposes. D. Landowner and/or Developer shall provide on and off-site current and future utility and drainage easements for each phase for drainage and utility service consistent with this provision. E. All utility services will be underground. F. All infrastructure facilities and improvements shall be constructed in compliance with applicable federal, state, and local standards. G. A concurrency review shall be conducted prior to development approval of any phase to ensure that all required public facilities are available concurrent with the impacts of the development. Landowner and/or Developer shall provide a transportation study to model the distribution of new trips on the area roadway network. City approval of modeling methodology and study boundary shall be required prior to initiating traffic study. H. Landowner and/or Developer agrees to reimburse the City of Edgewater for direct costs associated with the legal review, engineering review, construction inspection and the construction of required infrastructure improvements and the review and approval of any final plat related to the development pursuant to a schedule to be agreed to by the Landowner and/or Developer and City Manager. 6. CONSISTENCY OF DEVELOPMENT The City agrees to issue the required permits for the development in the manner defined in the Agreement after having determined it is not contrary to the City of Edgewater 5 Comprehensive Plan and LDC and is compliant with all concurrency requirements set forth in said documents. 7. DEDICATION OF LAND FOR PUBLIC USE The Landowner and/or Developer shall convey to the City of Edgewater, by warranty deed and title insurance free and clear of all liens and encumbrances, all utility easements as required. 8. PERMITS REQUIRED The Landowner and/or Developer will obtain required development permits or letters of exemption. Permits may include but not be limited to the following: 1. Florida Department of Transportation, Department of Environmental Protection, Department of Health, St. Johns River Water Management District, Army Corps of Engineers, and Florida Fish and Wildlife Conservation Commission. 2. City of Edgewater – Subdivision Plat approval, Subdivision Construction Plan approval, Final Site Plan approval, all applicable clearing, removal, construction and building permits. 9. DEVELOPMENT REQUIREMENTS Failure of this Agreement to address a particular permit, condition, term or restriction shall not relieve the Landowner and/or Developer of the necessity of complying with those permitting requirements, conditions, terms or restrictions, and any matter or thing required to be done under the existing ordinances of the City. Existing ordinances shall not be otherwise amended, modified, or waived unless such modification, amendment, or waiver is expressly provided for in this Agreement with specific reference to the ordinance provisions so waived, or as expressly provided for in this Agreement. 6 10. HEALTH SAFETY AND WELFARE REQUIREMENTS The Landowner and/or Developer shall comply with such conditions, terms, restrictions, or other requirements determined to be necessary by the City for the public health, safety, or welfare of its citizens. 11. APPEAL If the Landowner and/or Developer is aggrieved by any City official interpreting the terms of this Agreement, the Landowner and/or Developer shall file a written appeal to the City Manager. After receiving the written appeal, the appeal will be reviewed by the City Manager and City Attorney. If the City Manager cannot resolve the dispute, the issue shall be scheduled for the City Council agenda. The action of the City Council is the final authority concerning this Agreement. 12. PERFORMANCE GUARANTEES During the term of this Agreement, regardless of the ownership of the Property, the Property shall be developed in compliance with the terms of this Agreement and applicable regulations of the City not inconsistent with, or contrary to, this Agreement. 13. BINDING AFFECT The provisions of this Agreement, including any and all supplementing amendments, and all final site plans, shall bind and inure to the benefit of the Landowner and/or Developer or its successors in interest and assigns and any person, firm, corporation, or entity who may become the successor in interest to the land subject to this Agreement or any portion thereof and shall run with the land and shall be administered in a manner consistent with the laws of the State of Florida. 7 14. RECORDING Upon execution by all parties, the City shall record the Agreement with the Clerk of the Court in Volusia County. The cost of recording shall be paid by the Landowner and/or Developer. 15. PERFORMANCE REVIEW If the City finds on the basis of competent substantial evidence that there has been a failure to comply with the terms of this Agreement, the Agreement may be revoked or modified by the City. 16. APPLICABLE LAW This Agreement and provisions contained herein shall be construed, controlled, and interpreted according to the laws of the State of Florida. 17. TIME OF THE ESSENCE Time is hereby declared of the essence for the lawful performance of the duties and obligations contained in this Agreement. 18. AGREEMENT/AMENDMENT This Agreement constitutes the entire agreement between the parties, and supersedes all previous discussions, understandings, and agreements, with respect to the subject matter hereof. Amendments to and waivers of the provisions of this Agreement shall be made by the parties only in writing by formal amendment. Substantial changes, as determined by the City Manager, shall require City Council approval. 19. FURTHER DOCUMENTATION The parties agree that at anytime following a request therefore by the other party, each shall execute and deliver to the other party such further documents and instruments, in form and 8 substance reasonably necessary to confirm and/or effectuate the obligations of either party hereunder. 20. SPECIFIC PERFORMANCE Both the City and the Landowner and/or Developer shall have the right to enforce the terms and conditions of this Agreement by an action for specific performance only after providing notice to the Landowner and/or Developer of issues, which give rise to an action for specific performance, and the Land Owner does not cure the defect within 30 days of receipt of the notice. 21. ATTORNEYS’ FEES In the event that either party finds it necessary to commence an action against the other party to enforce any provision of this Agreement or because of a breach by the other party of any terms hereof, the prevailing party shall be entitled to recover from the other party its reasonable attorney’s fees, legal assistant’s fees and costs incurred in connection therewith, at both trial and appellate levels, including bankruptcy proceedings, without regard to whether any legal proceedings are commenced or whether or not such action is prosecuted to judgment. 22. COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original but all of which together shall constitute one and the same instrument. 23. CAPTIONS Captions of the sections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, amplify or aid in the interpretation, construction, or meaning of the provisions of this Agreement. 9 24. SEVERABILITY If any sentence, phrase, paragraph, provision, or portion of this Agreement is for any reason held invalid or unconstitutional by any court of the competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereof. IN WITNESS WHEREOF, the parties have caused this Agreement to be made and entered into the date and year first written above. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Michael Ignasiak Mayor Robin L. Matusick City Clerk 10 VOLACO, INC., a Florida corporation Witnessed by: Frank A. Ford, as President STATE OF ________________ COUNTY OF ______________ The foregoing instrument was acknowledged before me on this day of ____, 20___, by Frank A. Ford, as President of VOLACO, INC., a Florida corporation, and who is personally known to me or has produced as identification and who did not take an oath. Notary Public Stamp/Seal 11 EXHIBIT “A” LEGAL DESCRIPTION A PART OF SECTIONS 17 AND 20, TOWNSHIP 18 SOUTH, RANGE 34 EAST, VOLUSIA COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: FROM THE NORTHWEST CORNER OF SAID SECTION 17, RUN S.00°19'17" W, ALONG THE WEST LINE OF SAID SECTION 17, A DISTANCE OF 1404.44 FEET TO THE POINT OF BEGINNING; THENCE DEPARTING SAID WEST LINE, RUN N.79°26'18"E., A DISTANCE OF 2782.81 FEET TO THE WEST RIGHT OF WAY LINE OF INTERSTATE NO. 95 (STATE ROAD NO. 9), A 350 FOOT RIGHT OF WAY; THENCE RUN ALONG SAID WEST RIGHT OF WAY LINE THE FOLLOWING COURSES AND DISTANCES; S.22°11'56"E., A DISTANCE OF 2796.77 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 8417.78 FEET, A CENTIRAL ANGLE OF 07"1 1'03", A CHORD BEARING OF S.18°36'24"E., AND A CHORD DISTANCE OF 1054.77 FEET; THENCE RUN SOUTHERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 1055.46 FEET TO THE POINT OF TANGENCY; THENCE S.15°00'53"E., A DISTANCE OF 3633.91 FEET TO THE NORTH LINE OF THE CHARLES SIBBALD GRANT, SECTION 47, TOWNSHIP 18 SOUTH, RANGE 34 EAST, VOLUSIA COUNTY, FLORIDA, ALSO BEING THE NORTH LINE OF THE ASSESSOR'S SUBDIVISION OF THE CHARLES SIBBALD GRANT, RECORDED IN MAP BOOK 3, PAGE 151 , OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA; THENCE DEPARTING SAID WEST RIGHT OF WAY LINE, RUN S.79°00'40"W., ALONG THE NORTH LINE OF SAID CHARLES SIBBALD GRANT, AND SAID ASSESSOR'S SUBDIVISION OF THE CHARLES SIBBALD GRANT, A DISTANCE OF 1808.41 FEET; THENCE DEPARTING SAID NORTH LINE, RUN S.89°29'08"W., PARALLEL TO THE NORTH LINE OF SAID SECTION 20, A DISTANCE OF 3245.10 FEET TO THE WEST LINE OF SAID SECTION 20; THENCE N.00°17'16"W., ALONG SAID WEST LINE, A DISTANCE OF 3067.20 FEET TO THE NORTHWEST CORNER OF SAID SECTION 20; THENCE N.00°54'04"W., ALONG THE WEST LINE OF SAID SECTION 17, A DISTANCE OF 2650.1 7 FEET; THENCE N.00°19'17" E. , ALONG SAID WEST LINE, A DISTANCE OF 1245.74 FEET TO THE POINT OF BEGINNING. 12 City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:TA-1602,Version:1 ITEM DESCRIPTION: TA-1602:Amending the Land Development Code (LDC)and Articles II (Definitions);III (Permitted, Conditional,Accessory,and Prohibited Uses)to include regulations related to Medical Cannabis Dispensing Facilities. Background: The proposed amendments to the Land Development Code are meant to establish zoning regulatory framework for the location and permitting of establishments that dispense medical cannabis In June 2014,Senate Bill 1030,the Compassionate Medical Cannabis Act of 2014,was signed into law, allowing for the use of a form of low-THC cannabis,commonly known as Charlotte’s Web.Florida Statutes, Section 381.986,“Compassionate use of low-THC cannabis”required the Florida Department of Health (FLDOH)to create regulations for medical cannabis;therefore the Office of Compassionate Use (OCU)was established.The OCU is responsible for maintaining the Compassionate Use Registry and for overseeing the dispensing organizations. Over the next year,FLDOH developed detailed rules regarding medical cannabis,which were added to the Florida Administrative Code.Under these regulations,5 dispensing organizations,responsible for the cultivation,processing and dispensing of low-THC cannabis,will be allowed throughout the state,with each being assigned to a specific region -northwest,northeast,central,southwest,and southeast.Five dispensing organizations were announced on November 23,2015;with the dispensing of marijuana to begin in the fall of 2016. In March 2016,House Bill 307 was signed into law,expanding the Compassionate Medical Cannabis Act. Specific regulations were incorporated into the statutes for the cultivation,processing,and dispensing of medical cannabis.Strict standards were developed for physician authorization and treatment plans,safety of dispensing organizations throughout all processes, and quality and health standards for the plants being grown. On July 26,2016,the first dispensing organization began to distribute medical cannabis in Tallahassee,with a second facility opening in August from the same company.A third dispensary (from a second company)was opened in September.Two more dispensing organizations were set to begin dispensing in November,and even more facilities from these organizations following quickly. Amendment 2 as approved by a majority of Florida voters in November,further expands the use and distribution of medical cannabis in the state.FLDOH has six (6)months to create regulations for this amendment and nine (9)months to begin issuing patient identification cards and registering the Medical Marijuana Treatment Centers (MMTC).The proposed amendments address only what is currently legal in the State of Florida. The LDC may be amended in response to said state regulations. Based on the Florida Statutes municipalities are only allowed to regulate the number and location and other permitting requirements for dispensing facilities of dispensing organizations,provided these regulations do not City of Edgewater Printed on 12/8/2016Page 1 of 2 powered by Legistar™ File #:TA-1602,Version:1 conflict with state law or department rule. RECOMMENDED ACTION Motion to send a favorable recommendation to City Council for the amendment to the Land Development Code to include regulations related to Medical Cannabis Dispensing Facilities. City of Edgewater Printed on 12/8/2016Page 2 of 2 powered by Legistar™ ARTICLE II DEFINITIONS SECTION 21-20 - DEFINITIONS .......................................................................................... II-2 21-20.01 - Intent...................................................................................................................... II-2 21-20.02 - Definitions ............................................................................................................. II-2 Article II -i- Rev. 4/6/15 (Land Development Code) II-2 ARTICLE II DEFINITIONS SECTION 21-20 - DEFINITIONS 21-20.01 - INTENT Unless otherwise expressly stated the following terms shall, for the purposes of these regulations have the meaning indicated. Words in the singular include the plural, and those in the plural include the singular. Words used in the present tense include the future tense. The words “person,” “subdivider,” “developer” and “owner” include a corporation, unincorporated association and a partnership or other legal entity, as well as an individual. The word “watercourse” includes channel, creek, ditch, spring and streams. The words “should” and “may” are permissive. The words “shall” and “will” are mandatory and directive. Words not herein defined shall have the meanings given in Webster’s Unabridged Dictionary or the applicable state statutes and/or administrative rules. The words and terms herein shall have the meanings ascribed thereto. 21-20.02 - Definitions ABANDON means to discontinue an existing use of land or structure for 181 consecutive days, other than cessation due to probate or mortgage foreclosure activities. ABUT OR ABUTTING means to physically touch or border upon, or to share a common property line, or be separated from such a border by an alley, easement, street or canal. ACCESS means a dedicated, or recorded right-of-way, road, lane, alley or easement affording perpetual ingress and egress to a subject property, to a public thoroughfare or to a water body. ACCESSORY BUILDING means a structure, the use of which is customarily incidental and subordinate to that of the main building on the same lot, including but not limited to, detached garages, or carport, barns, greenhouse, woodshed, tool shed, gazebos, docks, boat houses and similar uses that are used to shelter and/or protect equipment, supplies, chemicals, goods, furniture and the like for use by the principal occupant. ACCESSORY USE means a use that is incidental, related, appropriate and clearly subordinate to the principal use of the building, lot or parcel and is under the direct control or ownership of any person who occupies or operates the principal use of the same building, lot or parcel. Rev. 4/6/15 (Land Development Code) II-3 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. 4/6/15 (Land Development Code) II-4 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. 4/6/15 (Land Development Code) II-5 AS-BUILT SURVEY means a survey which depicts the location and dimension of all structures, parking areas, stormwater management facilities and associated grades, road easements or other improvements as may be required or constructed on the parcel and includes the location and limits of the 100-year flood plain, if any. ASSISTED LIVING FACILITY (ALF) means a residential facility, for more than three persons unrelated to the owner, where shelter and services are provided and may include meals, housekeeping, and personal care assistance. Residents shall not be under in-house nursing/medical care. Facilities which provide for a specific number of residents are listed below. FAMILY RESIDENTIAL HOME means a dwelling unit licensed to serve clients of the Department of Children and Families (formerly Department of Health and Rehabilitative Services) and other authorized agencies, which provides a living environment for six (6) or fewer unrelated residents who operate as the functional equivalent of a family, including such supervision and care by supportive staff as may be necessary to meet the physical, emotional and social needs of the residents. The term “family residential home” shall include congregate care facilities, foster homes, group care homes, and child care facilities with six (6) or fewer residents and that otherwise meet the definitional requirements of a family residential home. COMMUNITY RESIDENTIAL HOME means a dwelling unit licensed to serve clients of the Department of Children and Families (formerly Department of Health and Rehabilitative Services) and other authorized agencies, which provides a living environment for seven (7) to fourteen (14) unrelated residents who operate as the functional equivalent of a family, including such supervision and care by supportive staff as may be necessary to meet the physical, emotional and social needs of the residents. The term “community residential home” shall include congregate care facilities, foster homes, and group care homes with seven (7) to fourteen (14) residents and that otherwise meet the definitional requirements of a community residential home. INSTITUTIONAL RESIDENTIAL HOME means a dwelling unit licensed to serve clients of the Department of Children and Families (formerly Department of Health and Rehabilitative Services) and other authorized agencies, which provides a living environment for more than fourteen (14) unrelated residents who operate as the functional equivalent of a family, including such supervision and care by supportive staff as may be necessary to meet the physical, emotional and social needs of the residents. The term “institutional residential home” shall include congregate care facilities, foster homes, and group care homes with more than fourteen (14) residents and that otherwise meet the definitional requirements of institutional residential home. AUTOMOTIVE PAINT AND BODY SHOP means an establishment for automotive bodywork including the painting, repainting, restoring of a vehicle, parts or components including engine removal or dismantling, straightening or welding of vehicle frames or body Rev. 4/6/15 (Land Development Code) II-6 parts, or the performance of other related vehicle services. AUTOMOTIVE REPAIR means a use or establishment performing mechanical repair or serving work to automobiles and light trucks and does not include large trucks or other mechanical equipment. The term does not include any of the following activities or uses: (a) Vehicle paint and body shop. (b) Vehicle fabrication or assembly uses. (c) Vehicle welding services or repairs. AUTOMOTIVE SERVICE STATION means an establishment that is used primarily for the retail sale and direct delivery to motor vehicles of motor fuels and lubricants. AWNING means a roof-like structure, regardless of the material used for construction, attached to a building which shelters doors or windows from the weather. BANNER SIGN means any sign intended to be hung either with or without frames, possessing characters, letters, illustrations or ornamentation applied to paper, plastic or fabric of any kind, including such signs stretched across or hung over any public right-of-way. BASE FLOOD means the flood having a one-percent (1%) chance of being equaled or exceeded in any given year (100 year storm event). BASE FLOOD ELEVATION means the maximum elevation above mean sea level expected to be reached by flood waters during a 100-year storm event. BASEMENT means that portion of a structure having its finished floor (below ground level) on all sides. BEACON LIGHT SIGN means any sign or device which includes any light with beams capable of being revolved automatically. BED AND BREAKFAST means a house or portion thereof where lodging rooms are available for short-term rental and meals may be provided to the guests renting the rooms and where the operator of the establishment lives on the premises. BENCH SIGN means a bench or bus shelter upon which a sign is drawn, painted, printed, or otherwise affixed thereto, as further described in Chapter 337.408, F.S. BERM means a manmade or natural mound of earth located so as to form a mound above the general elevation of the adjacent ground or surface. BEST MANAGEMENT PRACTICES (BMPs) means schedules of activities, prohibitions of practices, maintenance procedures, treatment methods and other management practices to prevent or reduce pollutants from entering the MS4 (see definition). Rev. 4/6/15 (Land Development Code) II-7 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. 4/6/15 (Land Development Code) II-8 BUILDING PERMIT EXPIRATION means every permit issued shall become invalid unless the work authorized by such permit is commenced within six months after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of six months after the time the work is commenced. One or more extensions of time, for periods not more than 90 days each, may be allowed for the permit. The extension shall be requested in writing and justifiable cause demonstrated. Extensions shall be in writing by the Building Official. BUILDING SETBACK LINE means a line within a lot or other parcel of land so designated on the final plat, between which line and the adjacent boundary of the street or street widening setback line, where applicable, upon which the lot or parcel abuts the erection of a building is prohibited, as prescribed by the zoning ordinance. BULKHEAD LINE means a line established to fix the maximum distance from the shoreline within which filling may occur. BUSINESS TAX RECEIPT means a permit to engage in an activity that requires regulation and all regulated activities must operate from within a permanent structure. CALIPER means the trunk diameter of trees at a predetermined point. CANOPY (FREESTANDING)/TEMPORARY CARPORTS means a rigid supported structure (capable of disassembly) covered with fabric, and supported by columns or posts embedded in the ground and/or attached at other points. Does not include the term carport. CAPACITY means the availability of a public or private service or facility to accommodate users, expressed in an appropriate unit of measure such as gallons per day or average daily trips. CARTWAY means the actual road surface areas from curb line to curb line or the hard surface road width of the road surface when no curbs are present. CARPORT means an accessory structure or portion of a principal structure consisting of roofed area open on one, two, or three sides and free standing or attached to the main building by support members for storage of one or more vehicle. Does not include the term canopy (freestanding). CAMOUFLAGE COMMUNICATION TOWER means a tower designed to merge and blend into and conform in appearance with existing surroundings. An example of a camouflage communication tower would be one that is constructed in the form and shape of a tree in order to appear to be part a forested area or a tower constructed to appear to be a component of a bell tower or to be or appear to be a component of church steeple in order for the tower to be or appear to be part of these more aesthetically pleasing structures. CANAL means an artificial, primary water conveyance facility with an open channel and usually a wet bottom. Rev. 4/6/15 (Land Development Code) II-9 CEMETERY means land used or intended to be used as a burial ground or burial place of the human dead and dedicated for crematories, mausoleums and mortuaries if operated in connection within the boundaries of such cemetery. CERTIFICATE OF CONCURRENCY means a statement issued by the City and relating to a specific development project on a specific parcel of real property or part thereof, which is valid and states that all concurrency requirements are satisfied and that a specified quantity of concurrency facilities is reserved for a specified period of time. CERTIFIED LOCAL GOVERNMENT means a government meeting the requirements of the National Historic Preservation Act Amendments of the 1980 (P.A. 96-515) and the implementing regulations of the U. S. Department of the Interior and the State of Florida. CHANGEABLE COPY SIGN means a sign that is designed so that characters, letters or illustrations can be changed or rearranged, including billboards. CHILD CARE FACILITY means any child care center or child care arrangement which provides child care for more than five children unrelated to the operator and which receives a payment, fee, or grant for any of the children receiving care, wherever operated, and whether or not operated for profit. The following are not included: (a) Public schools and nonpublic schools and their integral programs, except as provided in Chapter 402.3025, F.S. (2005); (b) Summer camps having children in full-time residence; (c) Summer day camps; (d) Bible schools normally conducted during vacation periods; and (e) Operators of transient establishments, as defined in Chapter 509 (F.S.), which provide child care services solely for the guests of their establishment or resort provided that all child care personnel of the establishment are screened according to the level 2 screening requirements of Chapter 435. CHRONIC NONMALIGNANT PAIN means pain unrelated to cancer or rheumatoid arthritis, which persists beyond the usual course of the disease or injury that is the cause of the pain, or more than ninety (90) days after surgery. CITY means the City of Edgewater, a Florida municipal corporation. CITY COUNCIL means the governing body of the City. CITY ENGINEER means a professional engineer employed by the City or the designated consultant professional engineer. CLEAN WATER ACT (CWA) means Public Law (PL) 92-500, as amended PL 95-217. PL 95-576, PL 6-483, and PL 97-117, 33 U.S.C. 1251 et seq., as amended by the Water Quality Rev. 4/6/15 (Land Development Code) II-10 Act of 1987, PL 100-4. CLEARING means the removal of trees and/or brush from a parcel, not including mowing. CLUB means a building or facilities owned or operated by a corporation, association, person or persons for a social, educational, or recreational purpose, but not primarily for profit or to render a service which is customarily carried on as a business and where the serving or sale of alcohol is not the primary use. COASTAL HIGH HAZARD ZONE OR AREA means the area subject to high- velocity waters caused by, but not limited to, hurricane wave wash found in Category 1 storms. CODE OF ORDINANCES means the laws, rules and regulations of the City of Edgewater which shall include, but not be limited to, the Code of Ordinances and the Land Development Code. COMMERCIAL 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. 4/6/15 (Land Development Code) II-11 COMPREHENSIVE PLAN means an ordinance of the City which contains the official statement of public policy for the development and/or redevelopment of the City, and which conforms to the relevant requirements of Chapter 163, Part II, F.S. and the appropriate portions of the Florida Administrative Code. COMPUTERIZED SWEEPSTAKES DEVICE means any computer, machine, game or apparatus which, upon the insertion of a coin, token, access number, magnetic card, or similar object, or upon the payment of anything of value, and which may be operated by the public generally for use as a contest of skill, entertainment or amusement, whether or not registering a score, and which provides the user with a chance to win anything of value that is not de minimis. Machines designated for use by the State Lottery Commission are not Computerized Sweepstakes Devices for purposes of this definition. CONCEPTUAL PLAN means a preliminary presentation and attendant documentation of a proposed development project of sufficient accuracy to be used for meaningful discussion. CONCURRENCY means a finding that required public facilities and services necessary to support a proposed development are available, or will be made available concurrent with the impacts of the development. Roadways, wastewater, solid waste, drainage, potable water, open space/parks and recreation facilities and schools have or will have the necessary capacity to meet the adopted level of service standards at the time the impact of a new or expanded development occurs. Transportation facilities needed to serve new development shall be in place or under actual construction within 3 years after the local government approves a building permit or its functional equivalent that results in traffic generation. CONCURRENCY MANAGEMENT means the procedure and process that the City uses to ensure that no development order or permit is issued by the City unless the necessary concurrent public facilities are available. This means public facilities and services for which a Level of Service (LOS) must be met concurrent with the impact of development, or an acceptable deadline as mandated in the Comprehensive Plan pursuant to Chapter 163, Florida Statutes, and 9J-5.0055, Florida Administrative Codes, and shall include but may not be limited to: (a) potable water (d) recreation/open space (g) schools (b) sanitary sewer (e) solid waste (c) drainage (f) roadways CONSTRUCTION PLANS means signed and sealed drawings by an appropriate professional, and/or specifications indicating specific locations of site improvements and other similar matters. CONSTRUCTION SIGN means any sign giving the names of contractors, design professionals and lending institutions responsible for construction occurring on the same parcel. Rev. 4/6/15 (Land Development Code) II-12 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 immediately reduced to writing. DEMOLITION means any act that destroys in whole or in part, a building or structure, landmark or archeological site. DENSITY means an objective measurement of the number of residential units allowed per unit of land. DESIGN CAPACITY means the limit of capacity of a public facility beyond which it ceases to function efficiently. DESIGN HIGH WATER (DHW) means the water elevation expected to occur at a Rev. 4/6/15 (Land Development Code) II-13 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; (e) Demolition of a structure; (f) Clearing of land as adjunct of construction; (g) Deposit of refuse, solid or liquid waste, or fill on a parcel of land; or (h) The subdivision of land consistent with this regulation. When appropriate to the context, “development” refers to the act of developing or to the result of development. DEVELOPMENT AGREEMENT means an agreement entered into between the City and another party associated with the development of land, including agreements associated with development orders issued pursuant to Section 21-101 of this Code. DEVELOPMENT ORDER means an order or permit granting, denying, or granting with conditions an application for a development permit. DEVELOPMENT SIGN means a sign designed and intended to advertise and promote the sale of buildings or subdivided lots on the same parcel. DIAMETER AT BREAST HEIGHT (DBH) means the diameter of a tree, measured 4- 1/2 feet above the average ground elevation at its base. If the tree, or shrub forks 4-1/2 feet Rev. 4/6/15 (Land Development Code) II-14 above the ground level, it is measured below the swell resulting from the double stem. Stems that fork below 4-1/2 feet above the ground level should be considered a separate plant. DIRECTORY SIGN means a sign on which the names and locations of occupants or the use of a building is given. DISCHARGE shall mean any intentional or unintentional action or omission resulting in the release of liquid, solid or gaseous material and includes but is not limited to a release, spilling, leaking, seeping, pouring, emitting, emptying, and dumping of any substance or material. DISPENSING FACILITY means a facility of a dispensing organization that dispenses low-THC cannabis and/or medical cannabis. DISPENSING ORGANIZATION means an organization authorized by the Florida Department of Health to cultivate, process, transport and dispense low-THC cannabis or medical cannabis. 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. Rev. 4/6/15 (Land Development Code) II-15 TOWNHOUSE means a one family dwelling in a row of at least three such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more common wall with a minimum 2-hour rated fire wall. GARAGE APARTMENT means a two story attached accessory building with a ground floor automobile storage and single family living quarters on the second floor located in a multi-family designated district. GARDEN APARTMENT means a residential building containing more than four apartments, not exceeding three stories in height with units located side by side and on top of each other with each unit separated by a minimum one-hour rated fire wall. UNIT means a group of interrelated rooms which are intended or designed for the use of one family, separated from other spaces by lockable doors, having access to the outdoors without crossing another dwelling, having living and sleeping facilities and cooking facilities, fixed or portable, and complete sanitary facilities. MID-RISE means a residential building containing more than four apartments, not less than four stories with units located side by side and on top of each other. CLUSTER HOUSING means a development involving two or more detached dwellings to be constructed on a parcel on which all land areas not occupied by dwelling units shall be designated as common space. DRY BOTTOM means any water retention, detention, or conveyance facility which evacuates its water level below its designated bottom within seventy-two hours of its deigned storm event, by either natural or artificial draw down means; and whose bottom is maintained a minimum twelve inches above the SHWT. EASEMENT means any strip of land created by a subdivider, or granted by the owner for public utilities, drainage, sanitation or other specified and limited uses, the title to which shall remain in the name of the property owner subject to the right of use designated in the conveyance. ELEVATED BUILDING means a non-basement building built to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, columns (posts and piers). EMF (electromagnetic field) means a wireless communication. Rev. 4/6/15 (Land Development Code) II-16 ENGINEER means a person practicing engineering and licensed in the State of Florida pursuant to the requirements of Chapter 471, F.S. ENVIRONMENTAL CONSTRAINTS means natural resources or natural characteristics that are sensitive to improvements and require mitigative actions to be maintained by owner. EQUIPMENT means the implements used in an operation or activity. EQUIVALENT RESIDENTIAL UNIT (ERU) means 250 gallons per day potable water usage, and 237.5 (95% of water use) gallons per day of wastewater contribution to be an equivalent residential unit. ERECT shall mean to build, construct, attach, hang, place, suspend or affix, whether temporary or permanent, and shall include the painting of wall signs. ERECTED means attached, altered, constructed, enlarged, reconstructed, or moved whether temporary or permanent. EXCHANGE ACCESS means the offering of access to telephone exchange services or facilities for the purpose of the origination or termination of telephone toll services. EXFILTRATION SYSTEM means water passing through a permeable substance such that water is filtered as it is discharged from a water conveyance facility (e.g., exfiltration pipe). EXISTING CONSTRUCTION means any structure for which the “start of construction” commenced before June 17, 1974. F.A.C. means the most current version of the Florida Administrative Code which is the administrative rules implementing state statutes. FAMILY means a group of individuals living under one roof. Those who dwell under the same roof and compose a family; a social unity comprised of those living together in the same dwelling. FEMA means the Federal Emergency Management Agency. FENCE means a barrier, usually comprised of wooden or metal posts, rails or wire mesh, used as a boundary marker or means of protection or confinement. FIREWALL means a wall as described in the Standard Building Code which is of sufficient fire resistance, durability and stability to withstand the effects of an uncontrolled fire exposure, which may result in collapse of the structural framework on either side. Openings in the wall, if allowed, must be protected. Rev. 4/6/15 (Land Development Code) II-17 FIRM means the Flood Insurance Rate Map. FIS means Flood Insurance Study. FIXED BASE OPERATIONS means directly related activities to operate and support an airport and its users. FLASHING SIGN means a sign that contains an intermittent or sequential flashing light source. An animated or moving sign shall not be considered a flashing sign. Such signs shall not be deemed to include time and temperature signs. FLOOD OR FLOODING means a general and temporary condition of partial or complete inundation of normally dry land areas from: (a) The overflow of inland or tidal waters. (b) The unusual and rapid accumulation or runoff of surface waters from any source. FLOOD HAZARD AREA means land in the flood plain within a community which is subject to a one percent (1%) or greater chance of flooding in any given year. Also defined as the one hundred (100) year storm event or Base Flood. FLOOD INSURANCE RATE MAP (FIRM) means an official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community. FLOOD INSURANCE STUDY means a Federal Emergency Management Agency (FEMA) report containing flood profiles, flood boundary maps and the water surface elevation of the base flood. FLOODWAY means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than 1 foot. FLOOD PLAIN means boundaries of the special flood hazard area indicating a flood having one percent (1%) chance of occurrence in any given year as indicated on the Federal Insurance Rate Map (FIRM) Flood Hazard Boundary Map. Flood plain can also be defined as or include a ten (10) year, twenty-five (25) year or one hundred (100) year storm event. FLOOR means the top surface of an enclosed area in a building, i.e., top of slab in concrete slab construction or top of wood flooring in wood frame construction, but does not include the floor of a garage used solely for parking vehicles. FLOOR AREA means the sum of the gross horizontal area of the several floors of a building, except that in structures used as a residence, cellar, basement, garage, carport, patio, Rev. 4/6/15 (Land Development Code) II-18 porch and attic floor area not devoted to living use shall be excluded. All dimensions shall be measured between exterior faces of walls or the center line of the wall separating two attached buildings. FLOOR AREA RATIO (FAR) means the gross floor area of a building or structure divided by the gross area of the parcel. FOWL means any guineas, peafowl, pigeons, pheasants or poultry or similar wild birds. FRONTAGE see “Lot Frontage.” F.S. means the most current version of the Florida Statutes. FUTURE LAND USE MAP (FLUM) means a graphic representation of the land use categories adopted as part of the Edgewater Comprehensive Plan. The Future Land Use Map may also be referred to as the “Land Use Map” or “Future Land Use Map Series.” GARAGE means an accessory building incidental to a dwelling unit which is intended for the off-street storage of motor vehicles belonging to the inhabitants of the dwelling unit on the parcel on which the garage is located; and is not intended to be used for any commercial business purpose. GRADE means the slope of a road, street, unimproved land, or any other land improved, altered or changed; specified in percent. GROUND SIGN mean a sign that is anchored to, and not elevated above, the ground and maintains essentially the same contour from the ground to the top of the sign. GUEST COTTAGE means living quarters within a detached accessory building located on the same lot or parcel as the main building to be used exclusively for housing members of the family occupying the main building and/or their nonpaying guests; such quarters shall have no kitchen facilities and shall not be rented or otherwise used as a separate dwelling. GUYED TOWER means a communication tower that is supported, in whole or in part, by guy wires and ground anchors. HAZARDOUS MATERIALS means any substance or material, solution, mixture, or a formulation containing such materials and includes any material which due to its chemical composition poses an unreasonable and eminent risk to the life, health, safety or welfare of persons, property or environment. Materials deemed hazardous are as specified in the following: (a) Chapter 38F-41 of the Florida Administrative Code (b) Title 40 of the Code of Federal Regulations, Part 261 (c) Title 40 of the Code of Federal Regulations, Part 302.4 (d) Title 40 of the Code of Federal Regulations, Part 355 Rev. 4/6/15 (Land Development Code) II-19 HEALTH/EXERCISE CLUB means an establishment which provides for athletic and physical force training or health and recreational exercise whether private or public. HIGHEST ADJACENT GRADE means the highest elevation of the ground surface, prior to construction, next to the proposed walls of a structure. HISTORIC DISTRICT means a geographically definable area, urban or rural, possessing a significant concentration, linkage, or continuity of sites, buildings, structures, objects or areas, which are united by past events. A district also may be comprised of individual resources which are separated geographically but are linked by association or history. HOME OCCUPATION means a commercial enterprise within a residence for the purpose of sending and receiving communication, maintaining records and similar functions; and where no business is conducted other than by phone, mail or electronically; and employing no persons other than members of the immediate family residing on the premises. No commercial delivery shall be allowed. HOSPITAL means an institution where the sick or injured are given medical or surgical care. HOTEL see “Motel.” ILLEGAL SIGN means a sign that does not meet the requirements of this Code and that has not received nonconforming status. ILLICIT CONNECTION means point source discharges to the City’s MS4 or to waters of the United States, which are not composed entirely of stormwater and are not authorized by a permit. ILLICIT DISCHARGE means the discharge to the City’s MS4 or to waters of the United States which is not composed entirely of stormwater, unless exempted pursuant to local, state and/or federal permits. ILLUMINATED SIGN shall mean any sign illuminated in any manner by an artificial light source. IMPERVIOUS SURFACE AREA (ISA) means the area of a lot or parcel of land covered by any part of a building, street, parking lot, or any other structure, improvement, facility or material, except roof overhang, which restricts natural percolation by rain water. This includes swimming pools, all asphalt, brick or wooden surfaces and areas devoted to any outdoor storage and/or display of materials and merchandise. Unpaved parking shall be considered impervious surfaces. IMPERVIOUS SURFACE RATIO (ISR) means the gross impervious surface area Rev. 4/6/15 (Land Development Code) II-20 divided by the gross area of the parcel. IMPROVEMENT means any building, structure, construction, demolition, excavation, landscaping, or any part thereof existing, built, erected, placed, made, or done on land or other real property for its permanent benefit. Property abutting a street, waterway or utility easement shall be considered improved. INFILL DEVELOPMENT means the addition of new housing or other buildings on scattered vacant sites or platted lots in a developed area or subdivision. INFILTRATION means water passing through a permeable surface such that the water is filtered before it is collected by a water conveyance facility (e.g., under drain pipe). 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. Rev. 4/6/15 (Land Development Code) II-21 LANDMARK SITE in regards to Historic Preservation means the land on which a landmark and related buildings and structures are located and the land that provides the grounds, the premises or the settings for the landmark. LATTICE TOWER means a telecommunication tower that is constructed without guy wires and ground anchors. LEVEL OF SERVICE STANDARD (LOS) means the volume of capacity per unit of demand for certain public facilities as adopted in the Comprehensive Plan. LITTER means any garbage, rubbish, trash, refuse, cans, bottles, boxes, container paper, tobacco products, tires, appliances, electronic equipment, mechanical equipment or parts, building or construction material, tools, machinery, wood, motor vehicles or motor vehicle parts, vessels, aircraft, farm machinery or equipment, sludge from a water treatment facility, water treatment plant or pollution control facility; or substances in any form resulting from domestic, industrial, commercial, mining, agriculture or governmental operations as defined in Chapter 403.413, F.S. LIVING AREA means space in a structure in which the air is conditioned by heating and/or air conditioning and the space is habitable and enclosed. LOADING SPACE means a space within, or adjacent to, the main building on a lot providing for the standing, loading or unloading of trucks. LOCAL REGISTER in regards to Historic Preservation means a method by which to identify and classify various sites, buildings and objects as historic and/or architecturally significant. LOCATION means any lot, premises, building, structure, wall or any place whatsoever upon which a sign, structure or dwelling is located. LOT means an area of land which abuts a street and which either complies with or is exempt from the City’s regulations, and is sufficient in size to meet the minimum area and width requirements for its zoning classification as established in Article V of the Land Development Code or in Article VII entitled “Non-Conforming Uses” or a subdivision or any other tract or parcel of land, including the airspace above or contiguous thereto, intended as a unit for transfer of ownership or for development or both. The word “lot” includes the word “plot”, “tract” or “parcel”. LOT AREA means the total horizontal area within the boundaries of a lot of record. LOT, CORNER means either a lot bounded entirely by streets, or a lot that adjoins the point of intersection of two or more streets and includes lots on curves. Rev. 4/6/15 (Land Development Code) II-22 LOT COVERAGE means that portion of the lot area expressed as a percentage, occupied by all buildings. LOT, FLAG means a lot or building site which has minimum required frontage on a public or private street typically behind another lot also fronting on the same street shaped similar to a flag. LOT FRONTAGE means any portion of a lot which fronts upon a public or private street. The primary front line is that frontage on which the address is given. LOT, THROUGH (DOUBLE FRONTAGE) means any lot, not on a corner, having both the front and rear property lines adjacent to a public street. LOT LINE means the boundary of a lot. 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. LOW-THC CANNABIS means a plant of the genus Cannabis, the dried flowers of which contain 0.8 percent or less of tetrahydrocannabinol and more than 10 percent of cannabidiol weight for weight; the seeds thereof; the resin extracted from any part of such plant; or any compound, manufacture, salt, derivative, mixture, or preparation of such plant or its seeds or resin that is dispensed only from a dispensing organization. Rev. 4/6/15 (Land Development Code) II-23 MANGROVE STAND means an assemblage of mangrove trees which is mostly low trees noted of a copious development of interlacing adventitious roots above the ground and which contain one or more of the following species: Black Mangrove - (Avicennia nitida) Red Mangrove - (Rhizophora mangle) White Mangrove - (Laguncularia racemosa) Buttonwood - (Conocarpus erecta) MANSARD means a sloped roof or roof-like facade architecturally comparable to a building wall. MANUFACTURED HOME (OR STRUCTURE) means a mobile home fabricated on or after June 15, 1976, in an off-site manufacturing facility for installation or assembly at the building site with each section bearing a seal certifying that it is built in compliance with the Federal Manufactured Home Construction and Safety Standard Act. MANUFACTURING means a premises, or portion of a premises, occupied by an establishment primarily engaged in the making of a product, fabrication or processing of materials, products or personal property. 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.” MEDICAL CANNABIS means all parts of any plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, sale, derivative, mixture, or preparation of the plant or its seeds or resin that is dispensed only from a dispensing organization for medical use by an eligible patient as defined in Florida Statutes. MICROWAVE means a dish antenna, or a dish-like antenna used to link communication sites together by wireless transmission of voice or data. Rev. 4/6/15 (Land Development Code) II-24 MINI-WAREHOUSE means a structure, or structures in a controlled access and fenced compound that contains varying sizes of individual climate controlled compartmentalized and controlled access stalls or lockers without water, sewer or electric connections for the dead storage of customers’ goods or wares. MINOR SUBDIVISION means any division or re-division of a parcel of land in single ownership whose entire area is ten (10) acres or less, into not more than three (3) lots if all of the following requirements are met: (a) All resultant lots or parcels front by at least twenty feet (20') on an existing public or private street and; (b) The division or re-division does not involve the construction of any new street, road or change in an existing street or road and; (c) The division or re-division does not require the extension of municipal water or sewer or the creation of any public improvement. MIXED USE DEVELOPMENT means more than one (1) type of use in a single parcel or structure. MOBILE and LAND BASED TELECOMMUNICATION FACILITY means whip antennas, panel antennas, microwave dishes, and receive-only satellite dishes and related equipment for wireless transmission with low wattage transmitters not to exceed 500 watts, from a sender to one or more receivers, such as for mobile cellular telephones and mobile radio system facilities. MOBILE HOME means a structure, transportable in one (1) or more sections which is eight (8) body feet or more in width, and which is built on an integral chassis and designed to be used as a dwelling when connected to the required utilities and includes the plumbing, heating, air-conditioning, and electrical systems contained therein. For the purpose of this section, a travel trailer is not classified as a mobile home. MOBILE HOME PARK means a parcel or tract of land of contiguous ownership where lots or spaces are rented or leased to accommodate more than one (1) mobile home. MOBILE VENDOR (Mobile Dispensing Vehicle) means any vehicle mounted public establishment that is self-propelled or otherwise moveable from place to place, and is self- sufficient for utilities, such as gas, water, electricity, and liquid waste disposal. Proof of inspection by the State of Florida Department of Motor Vehicles is required. MODEL HOME CENTER means an area comprised of one (1) or more lots containing one (1) or more model dwellings upon which active sales or demonstration activities are conducted regardless of the ownership status of the model dwellings or lots. MODULAR HOME means a structure constructed to the same state, local or regional building codes as site-built homes. Other types of system-built homes include panelized wall Rev. 4/6/15 (Land Development Code) II-25 systems, log homes, structural insulated panels, and insulating concrete forms. A modular home is designed to be set on a permanent foundation and is not intended to be moved once set. MONOPOLE TOWER means a telecommunication tower consisting of a single pole or spire self supported by a permanent foundation, constructed without guy wires and ground anchors. MOTEL means a building, or group of buildings, which contains sleeping accommodations for transient occupancy and may have individual entrances from outside the building to serve each such sleeping unit. Motels may have one (1) or more dining rooms, restaurants or cafes as accessory uses. For the purposes of this Code, motel and hotel shall have the same meaning. MOVABLE SIGN means any mobile sign or sign structure, not securely attached to the ground or to any other structure, but does not include trailer signs as defined below. MOVING SIGN means a sign all or part of which is in motion, including fluttering, rotating, revolving or any other motion. MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) means a conveyance, storage area or system of conveyances and storage areas (including, but not limited to, roads with drainage systems, streets, catch basins, curbs, gutters, ditches, manmade channels, storm drains, treatment ponds, and other structural BMPs) owned or operated by a local government that discharges to waters of the United States or to other MS4’s, that is designed solely for collecting, treating or conveying stormwater, and that is not part of a publicly owned treatment works (POTW) as defined by 40 Code of the Federal Register 122.2 or any amendments thereto. MUNICIPALITY means a duly incorporated municipality in the County. NATIONAL GEODETIC VERTICAL DATUM (NGVD) means a vertical control used as a reference for establishing varying elevations within the flood plain. 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.” Rev. 4/6/15 (Land Development Code) II-26 NONCONFORMING BUILDING OR STRUCTURE means a structure or building existing as of June 17, 1974 which does not conform to the property development regulations of area, height, lot coverage, yard setbacks, lot location or other like requirements of the district in which it is located. NONCONFORMING LOT means an existing single lot, tract or parcel of land at the effective date of this Code which does not conform to the property development regulations of area, lot width, depth or both or other like requirements of the district in which it is located. NONCONFORMING USE means any use of land, building or structure which does not conform to all of the provisions, requirements and regulations of this Code at the time of adoption. NONCONFORMING SIGN means any sign that was a legal sign prior to adoption of this Code, but which does not conform to all of the requirements of this Code. NONRESIDENTIAL ACTIVITY means any activity occurring on any described parcel of land, whether or not within a structure, that is not a residential activity as defined herein. NON-TRANSIENT NON-COMMUNITY WATER SYSTEM means a public water system that is not a community water system and that regularly serves at least 25 of the same persons over 6 months per year. NUMBER PORTABILITY means the ability of users of telecommunications services to retain, at the same location, existing telecommunications numbers without impairment of quality, reliability, or convenience when switching from one telecommunications carrier to another. NUISANCE means an offensive, annoying, unpleasant, or obnoxious object, odor, noise or practice; a cause or source of annoyance, especially a continuing or repeated invasion or disturbance of another’s right, including the actual or potential emanation of any physical characteristics of activity or use across a property line, which emanation can be perceived by or affects a human being. NURSING HOME means a licensed and regulated facility for the aged, chronically ill or incurable persons in which three (3) or more persons not of the immediate family are received, kept or provided with food and shelter or care for compensation; but not including hospitals, clinics, or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured. OFFICIAL MAP means the map established by the City Council as amended from time to time showing the streets, highways and parks thereafter laid out, adopted and established by the law and any additions resulting from the approval of subdivision plans or annexations. Rev. 4/6/15 (Land Development Code) II-27 OPEN SPACE means any parcel or area of land or water set aside, reserved or dedicated for the use and enjoyment of all owners and occupants of the project. Usable common space shall include area(s) readily accessible and generally acceptable for active or passive recreational use. Open space shall not include required setback areas, contain structures, impervious surfaces, or right-of-ways other than those intended for landscape or recreational purposes. OUTSTANDING FLORIDA WATERS (OFW) means special designation by the FDEP, for waters worthy of special protection because of their natural attributes, pursuant to the criteria set forth in Section 17-3.041 of the Florida Administrative Code. The eastern border of the City of Edgewater along the Intracoastal Waterway also referred to as the Mosquito Lagoon, an aquatic preserve, is considered an OFW. OWNER means any person, partnership, corporation or corporations, or other legal entity having legal title to the land sought to be subdivided or developed under this Code. PAIN CLINIC (hereinafter "pain clinics" shall include, but not be limited to, pain clinics, pain management clinics, wellness clinics, urgent care facilities or detox centers) shall have the same meanings and same exemptions as provided for in Florida Statutes Chapter 458 and 459 as amended from time to time, or any successor state law. Pain clinic means a privately owned pain management clinic, facility or office which advertises in any medium for any type of pain management services or employs a physician who is primarily engaged in the treatment of pain by prescribing or dispensing controlled substance medications, and is required to register with the Florida Department of Health pursuant to Florida Statutes Chapter 458 and 459 as amended from time to time, or any successor state law. A physician is primarily engaged in the treatment of pain by prescribing or dispensing controlled substance medications when the majority of the patients seen are prescribed or dispensed controlled substance medications for the treatment of chronic nonmalignant pain. Pain management clinic does not include a clinic: (a) Licensed as a facility pursuant to Chapter 395, Florida Statutes, as may be amended from time to time; (b) Where the majority of the physicians who provide services in the clinic primarily provide surgical services; (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 pain; or (f) Owned by a corporate entity exempt from federal taxation. PANEL ANTENNA means an array of antennas designed to concentrate a radio signal in a particular area. Rev. 4/6/15 (Land Development Code) II-28 PAWN SHOP means an establishment that engages, in whole or in part, in the business of loaning money on the security of pledges of personal property, or deposits or conditional sales of personal property, or the purchase or sale of personal property. PENNANTS shall include the terms "ribbons" and “streamers" and shall mean pieces of cloth, flexible plastic or other flexible material intended to attract attention because of their bright colors and/or flapping caused by action of the wind and shall include a single pennant, ribbon or streamer or a series of such pennants, ribbons or streamers. 100 PERCENT CLEAR ZONE means the requirement that in the event of a tower failure, the entire height of the tower would fall completely within the boundaries of the subject parcel. PERMANENT CONSTRUCTION shall mean designed, constructed and intended to be used for more than 180 days, but does not include land preparation, such as clearing, grading and filling. PERMANENT STRUCTURE means a building designed, and constructed from the ground up, meeting all building code and fire protection standards and intended to be used for more than 180 days, but does not include land preparation, such as clearing, grading, and filling. PERSON means any individual, firm, association, organization, whether social, fraternal of business, partnership, joint venture, trust company, corporation, receiver, syndicate, business trust, or other group or combination acting as a unit, including any government. PERSONAL SERVICES means a use primarily engaged to provide services involving the care of a person’s appearance or apparel. PLACE OF WORSHIP means a premises, or portion of, occupied by a religious organization operated primarily for worship and related activities; may also be called a church, temple, synagogue or other names appropriate to the worship and related activities. The term worship does not include day care facilities or educational facilities. 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. Rev. 4/6/15 (Land Development Code) II-29 POLITICAL SIGN OR CAMPAIGN SIGN means a sign relating to any person, political party or matter subject to a public election. PORTABLE SIGN means a sign that is mounted on a trailer or other chassis and is capable of being moved as an entire unit. POTABLE WATER means water that is satisfactory for drinking, culinary and domestic purposes meeting current State and Federal drinking water standards. POTABLE WATER SUPPLY WELL means water supply well which has been permitted for consumptive use by the SJRWMD. PREMISES means a parcel of land with its appurtenances and buildings which because of its unity of use may be regarded as the smallest conveyable unit of real estate. PRIMARY CONTAINMENT means the first level of product-tight containment, i.e., the inside portion of that container which comes into immediate contact on its inner surface with the hazardous substance being contained. PROJECTING SIGN means any sign other than a wall sign affixed to any building or wall whose leading edge extends beyond such building or wall. PUBLIC BODY means any governmental agency of the City, Volusia County, the State of Florida or the United States. REAL ESTATE SIGN means any sign that is used to offer for sale, lease or rent the property upon which the sign is placed. RECHARGE AREA means a recharge area designated by the SJRWMD for the surficial aquifer in the City of Edgewater. 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. Rev. 4/6/15 (Land Development Code) II-30 RESIDENTIAL ACTIVITY means any structure, or portion thereof, that is used for residential purposes, including those customary and accessory residential activities. RESTAURANT means where meals are prepared, and food, including beverages and confections, is served to customers, with the food and nonalcoholic beverage sales amounting to at least fifty-one percent (51%) of the total food sales. Restaurants are hereby classified as follows: Type A. Restaurants with dining tables and counter stools having all service indoors and providing no service to persons inside vehicles or at walk-up windows. Type B. Restaurants which have indoor service and may serve food for consumption on or off the premises and which specialize in short order foods and beverages, including “drive-through” and/or “walk-up” service. RE-SUBDIVIDE means the making of a new subdivision and/or replatting of previously subdivided and/or platted parcels. REUSE means the deliberate application of reclaimed water, in compliance with Florida Department of Environmental Protection and the St. Johns River Water Management District rules, for a beneficial purpose. RIGHT-OF-WAY means land dedicated, deeded, used or to be used for a street, alley, walkway, boulevard, drainage facility, access for ingress and egress, utilities or other purpose by the public, certain designated individuals, or governing bodies. ROADWAY/STREETS means public or private roads falling into one of several categories, more particularly defined as follows: Expressway means a limited access facility of four (4) or more lanes designed primarily for the high-speed movement of traffic. Arterial means a facility of two (2) or more lanes designed primarily to serve as a major access route to expressways and/or as a connector of subregions, inter- county and inter-city vehicular movement. The main function is to move large volumes of vehicles (greater than 6,000 Average Daily Trips (ADT’s). Collector means roads of two (2) or more lanes designed primarily for traffic movement within and between residential neighborhoods, commercial and industrial areas and all other roads. Cul-de-sac means a minor street with only one (1) outlet terminating at one (1) Rev. 4/6/15 (Land Development Code) II-31 end with a circular turn around. Local means road facilities designed primarily to provide direct access to abutting property. Average daily trips are normally less than 1000 vehicles. Marginal Access means roads which are parallel to, and adjacent to arterial streets and highways and which provide access to abutting properties and protection from through traffic. Private means any street that has not been dedicated for public use. Public means any street designed to serve more than one (1) property owner which is dedicated to the public use and accepted for ownership and maintenance by the City Council or other regulatory public body, includes any street right-of- way dedicated to the public prior to, or at the time of, adoption of this Code. ROOF LINE means the top edge of the roof or the top of a parapet; whichever forms the top line of the building silhouette. ROOF SIGN means any sign erected or constructed wholly upon and over the roof of any building and supported solely on the roof structure. SALVAGE YARD means a location used for collection, storage and/or abandonment of discarded or waste materials. SCREEN ENCLOSURE means an addition to an existing structure that is attached to the principal structure and is enclosed with screen and has a roof and three (3) sides. SEASONAL HIGH WATER LEVEL (SHWL) means the elevation to which ground or surface water can be expected to rise during a normal wet season. 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. Rev. 4/6/15 (Land Development Code) II-32 SETBACK (OR SETBACK LINE) means a line determined by measurement, parallel to a lot line, creating an area between the lot line and the setback line in which all structures (unless otherwise permitted) may not be erected. SHOPPING CENTER means a group of commercial establishments planned, developed, owned and managed as a unit, with off-street parking provided on a site of at least one (1) acre and related in its location, size and type of shops to the trade area which the unit serves. SHRUBS AND HEDGES means that shrubs and hedges shall be self-supporting woody evergreen species and shall be a minimum of two (2') foot in height, immediately after planting. Plants shall be spaced no more than three (3') feet apart measured from center to center. SIGN means any device, structure, fixture, or placard using graphics, identifiable corporate, or business symbols, and/or written copy for the primary purpose of identifying, providing directions, or advertising any establishment, product, goods or service. SILVICULTURE means the cultivation and harvesting of forest products for sale and which has an agricultural exemption from the State. SINGLE OR SOLE SOURCE AQUIFER means the portion of the Florida Aquifer underlying most of Volusia County as designated pursuant to the requirements of Chapter 17- 520, F.A.C. SITE IMPROVEMENT means any man-made alteration to a parcel of land for the purpose of preparing the land for future construction, the actual construction/renovation of structure or paving of a surface and/or the planting or installation of permanent landscaping. SITE PLAN means an illustration of the details of development of areas such as commercial, industrial, recreational, multi-family, residential and other uses not reflected on the 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 Rev. 4/6/15 (Land Development Code) II-33 Hickory Carya spp. 12 plus Loblolly Bay Gordonia lasianthus 12 plus Magnolia Magnolia grandiflora 12 plus Maple Acer spp. 12 plus Other Oak Species Quercus spp. 12 plus Red Bay Persea borbonia 12 plus Red Cedar Juniperus silicicola 12 plus Swamp Bay Persea palustris 12 plus Sweet Bay Magnolia virginiana 12 plus Sweet Gum Liquidambar styraciflua 12 plus Sycamore Platanus occidentalis 12 plus Turkey Oak Quercus laevis 12 plus Cypress Taxodium spp. 12 Plus Sugarberry/Hackberry Celtis laevigata 12 Plus Slash Pine Pinus Elliotti 18 Plus Longleaf Pine Pinus Palustris 18 Plus SPILL means the release or escape of a hazardous substance, directly or indirectly to soils, surface waters, or groundwater. START OF CONSTRUCTION (except for construction, or substantial improvement under the Coastal Barrier Resources Act, PL97-348) means the date the building permit was issued and includes the first placement of permanent construction of a structure (including a manufactured or modular building) on a site or plot, such as the pouring of slabs or footings, installation of piles, construction of columns or any work beyond the stage of excavation. Permanent construction does not include land preparation, such as clearing, grading and filling. STEALTH FACILITY means any telecommunications facility which is designed to blend into the surrounding environment. Examples of stealth facilities include architecturally screened roof-mount antennas, antennas integrated into architectural elements, and telecommunications towers designed to look like light poles, power poles or trees. STORAGE BUILDING means any structure used to shelter and/or protect equipment, supplies, chemicals, goods, furniture and the like for use by the principal occupant of the site. STORAGE, OUTDOOR means the safekeeping of any goods, products, equipment or vehicles which are customarily incidental to the principal use, in an uncovered outdoor space and which is screened from view by the general public and neighboring properties. 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. Rev. 4/6/15 (Land Development Code) II-34 STORY means that part of a building between the surface of a floor and the surface of the floor next above it, or if there is no floor above it then the space between the floor and the ceiling above it. For the purposes of this Code the minimum elevation change between a story shall be ten (10') feet. Any less dimension shall be considered a half-story. STRUCTURAL ALTERATIONS means any change, except for repair or replacement, in the supporting members of a building, such as bearing walls, columns, beams or girders, floor joists or roof joists or any substantial change in the roof or in the exterior walls of a building. STRUCTURE means anything constructed, installed, or portable, which requires a location on a parcel of land. It includes a moveable structure while it is located on land which can be used for housing, business, commercial or industrial purposes whether temporary or permanent. Structure shall include, but not be limited to walls, billboards, swimming pools and decks, communication towers, on-site signs, tents, porches, fences, privacy screens, docks, arbor, gazebos, canopies/temporary carports, sheds and similar structures. Structure shall not include, pipes, pump stations and any other construction below ground level. SUBDIVIDER means any person, firm, partnership, association, corporation, estate or trust or any other group or combination acting as a unit, dividing or proposing to divide land so as to constitute a subdivision as herein described. SUBDIVISION means the platting of real property into three (3) or more lots, parcels, tracts, tiers, blocks, sites, units or any other division of land, and includes establishment of new streets and alleys, additions, and resubdivisions and when appropriate to the context, relates to the process of subdividing or to the land or area subdivided. (See Chapter 177.031(18), F.S.) SUBDIVISION PLAT, PRELIMINARY means a drawing to scale and other supporting data, of a proposed subdivision prepared for the purposes of establishing the overall general layout and design for the provision of streets, lots, blocks and the location, plans and specifications for streets, utilities and other improvements. SUBDIVISION SIGN means a sign designed as a permanent structure containing only the name of a subdivision, and not used for promotional purposes. SUBDIVISION SKETCH PLAN means a drawing, not necessarily to scale, which shows a conceptual layout of the proposed subdivision. SUBSTANTIAL DAMAGE See current Florida Building Code. SUBSTANTIAL IMPROVEMENT See current Florida Building Code. SURVEYOR means a land surveyor duly registered in the State of Florida. SWALE means a man-made trench or channel approximately 1-foot deep or less and Rev. 4/6/15 (Land Development Code) II-35 having side slopes equal to or greater than 4-foot horizontal to 1-foot vertical. SWIMMING POOL means a body of water in an artificial or semi-public or private swimming setting or other water-related recreational activity intended for the use and enjoyment by adults and/or children, whether or not any charge or fee is imposed upon such adults or children, operated and maintained by any person, and shall include all structures, appurtenances, equipment, appliances and other facilities appurtenant to and intended for the operation and maintenance of a swimming pool. This definition shall include whirlpools, spas, and hot tubs unless separately identified and shall exclude 110-volt plug-in Jacuzzi/hot tubs. SWIMMING POOL, COMMERCIAL means a swimming pool and attendant equipment operated for profit or nonprofit open to the public and/or serving more than one family. TATTOO PARLOR/BODY- PIERCING STUDIO means an establishment whose principal business activity, either in terms of operation or as held out to the public, is the practice of one or more of the following: a) The placing of designs, letters, figures, symbols or other marks upon or under the skin of any person, using ink or other substances which result in the permanent coloration of the skin by means of the use of needles or other instruments designed to contact or puncture the skin. b) The creation of an opening in the body of a person for the purpose of inserting jewelry or other decoration. This term does not include a permanent makeup establishment. TELECOMMUNICATIONS means the transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content. TELECOMMUNICATION CARRIER means any provider of telecommunications services, except that such term does not include aggregators of telecommunications services. A telecommunications carrier shall be treated as a common carrier only to the extent that it is engaged in providing telecommunications services, except that the FCC shall determine whether the provision of fixed and mobile satellite services shall be treated as common carriage. TELECOMMUNICATIONS EQUIPMENT means equipment, other than customer premises equipment, used by a carrier to provide telecommunications services, and includes software integral to such equipment (including upgrades). TELECOMMUNICATION SERVICES means the offering of telecommunications for 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. Rev. 4/6/15 (Land Development Code) II-36 TEMPORARY SIGN means any sign or advertising display intended for use for a period of time not to exceed twenty-four (24) days and designed and constructed in accordance with this intention. TRAILER means any non self-propelled wheeled vehicle licensed by the State of Florida as a trailer, not otherwise regulated herein as “Commercial”, “Watercraft” or “Recreational”. TRAILER SIGN means any sign mounted on a vehicle normally licensed by the State of Florida as a trailer. TRAVELING LIGHTS SIGN means any sign that includes a series of lights, or lighting device that appears to move or travel in automatic sequence on the display surface of the sign. TREE means any living, self-supporting perennial plant which has a trunk diameter of at least six inches (6") at D.B.H. TREE SURVEY means a drawing prepared by a licensed Surveyor or Arborist in a readable scale for the site’s size that provides the location, and common name for each tree equal to or greater than the defined DBH per each specimen and historic tree. The survey shall include a numbered list of the identified trees. TRIP means a single or one-way vehicle movement. TRIP END means the origin or destination of a trip. TRIP GENERATION means the total number of trip ends produced by a specific land use or activity. UNLICENSED WIRELESS SERVICES means the offering of telecommunications services using duly authorized devices which do not require individual licenses; direct-to-home satellite services are excluded from this definition. USE means the purpose for which land or a structure thereon is designed, arranged or intended to be occupied or utilized, or for which it is occupied or maintained. Use, Permitted - means a use which is permitted in a particular zoning district providing it conforms with all requirements, regulations and standards of such district. Use, Principal - means the primary purpose for which the land or building used as permitted by the applicable zoning district. UTILITIES means, but is not limited to: water systems, electrical power, sanitary sewer Rev. 4/6/15 (Land Development Code) II-37 systems, stormwater management systems, gas systems, communication systems, telephone and television cable systems, and street lighting. UTILITY SHED means a building either constructed on site or pre-manufactured, containing 120 square feet or less. UTILITY SERVICE FACILITIES means elements of utility distribution, collection or transmission networks required by their nature to be relatively dispersed throughout the service area. Typical facilities include, but are not limited to, electrical substations and telephone exchange structures. VARIANCE means a modification of the strict application of site development requirements related to yard setbacks, building height, parking requirements, landscaping, drainage, and/or signage. VEHICLE means any self-propelled conveyance designed and used for the purpose of transporting or moving persons, animals, freight, merchandise or any substance. VEHICLE, ABANDONED means a vehicle that has no appearance of use for 60 days or more. Indication of an abandoned vehicle may include: no maintenance, no cover or screening, grass and weeds growing under and around vehicle and/or flat tires. VEHICLE, COMMERCIAL means any vehicle, concession wagon, semi-trailer cab, or trailer with a rated capacity of more than one ton, and/or has more than two (2) axels, is over twenty-four (24) feet long, is intended or used for the transportation of people or goods as part of a business; and/or is either commercially or privately registered. Commercial vehicle shall not include rental vehicles designed for temporary personal use. VEHICLE, LICENSED means any vehicle which is currently licensed by the State of Florida VEHICLE, MARINE means any vehicle designed for and used on any water body. VEHICLE PAINT AND BODY SHOP See “Automotive Paint and Body Shop.” VEHICLE ACCESSORY INSTALLATION means the following: (a) Vehicle tune-up shops. (b) Installation, repair or services of vehicle glass, sun roofs, convertible tops, interiors, tinting, audio equipment, alarms and similar items. (c) Installation, repair or servicing of vehicle brakes, shock absorbers, radiators or air conditioning devices. (d) Installation, repair or servicing of vehicle electrical or ignition systems. (e) Washing, waxing, accenting and similar activities commonly known as detailing. Rev. 4/6/15 (Land Development Code) II-38 VEHICLE REPAIR means all maintenance of and modification and repairs to motor vehicles, and diagnostic work incident thereto, including, but not limited to, the rebuilding or restoring of rebuilt vehicles, warranty work, and other work customarily undertaken by motor vehicle repair shops. VESTED RIGHTS, COMMON LAW means a right not created by statute or the provisions of the City of Edgewater Comprehensive Plan which would authorize the development of real property or the continued development of real property notwithstanding the provisions of the City of Edgewater Comprehensive Plan. The assignment of a particular zoning classification, or a particular land use designation to a parcel of real property does not guarantee or vest any specific development rights to any person or entity as to said real property. VESTED RIGHTS, STATUTORY See Section 21.07. VIOLATION means non-conformance with a code or ordinance, intentionally or unintentionally. WALL SIGN means any sign painted on, or attached essentially parallel to, the outside wall of any building and supported by such wall with no copy on the sides or edges. WAREHOUSE means a structure that stores goods and/or merchandise for use off-site. WATERS means and shall include but not be limited to rivers, lakes, streams, springs, impoundments and all other waters or bodies of water whether surface or subsurface and whether navigable or non-navigable. The term shall encompass all bottom lands lying below the mean high water mark, whether said bottom lands are submerged or not. WATERS OF THE UNITED STATES means surface and ground waters as defined by 40 Code of the Federal Register 122.2. WATERCRAFT means any vehicle designed for use in water. WATERWAY means a channel, creek, ditch, drainage way, dry run, spring, stream, river and canal; but not a lake, pond or pool without a water outlet. WELL means any excavation that is drilled, cored, bored, washed, driven, dug, jetted, or otherwise constructed when the intended use of such excavation is for the location, acquisition, development, or artificial recharge of groundwater. WELLFIELD means an area of land that contains one or more potable water supply wells. 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 Rev. 4/6/15 (Land Development Code) II-39 water wellfield, including the surface and subsurface area surrounding the wellfield. WELLFIELD PROTECTION ZONE - PRIMARY means the land area immediately surrounding any potable water supply well and extending a radial distance of five hundred feet (500') from said well(s). WELLFIELD PROTECTION ZONE - SECONDARY means the land area, adjacent and surrounding the primary wellfield protection zone extending and defined by a radial distance of one thousand feet (1,000') from the well(s). WELLFIELD PROTECTION ZONE PERMIT means that permit issued by the city authorizing the activities. WET BOTTOM means any water retention, detention, or conveyance facility which cannot evacuate its water level (naturally or artificially) below its design bottom within seventy- two 72 hours of its design storm event or those tidally influenced facilities that contain water above their bottom more than twelve (12) hours a day. WETLANDS means those areas that are inundated or saturated by surface water or ground water at a frequency and a duration sufficient to support, and under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soils. Soils present in wetlands generally are classified as hydric or alluvial, or possess characteristics that are associated with reducing soil conditions. The prevalent vegetation in wetlands generally consists of facultative or obligate hydrophytic macrophytes that are typically adapted to areas having soil conditions described above. These species, due to morphological, physiological, or reproductive adaptations, have the ability to grow, reproduce or persist in aquatic environments or anaerobic soil conditions. Florida wetlands generally include, but are not limited to, swamps, marshes, bayheads, bogs, cypress domes and strands, sloughs, wet prairies, riverine swamps and marshes, hydric seepage slopes, tidal marshes, mangrove swamps and other similar areas. Florida wetlands generally do not include longleaf or slash pine flatwoods with an under story dominated by saw palmetto. The delineation of actual wetland boundaries may be made by any professionally accepted methodology consistent with the type of wetlands being delineated but shall be consistent with any unified statewide methodology for the delineation of the extent of wetlands ratified by the Legislature. WETLAND BOUNDARY means the location on the ground where: (a) The vegetation type shifts from dominantly wetland types to dominantly upland species; or (b) The soil type shifts from dominantly wetland types to dominantly upland types; or (c) Flooding, inundation, or saturated soil indicators are no longer present. 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. Rev. 4/6/15 (Land Development Code) II-40 WETLAND MITIGATION means any action to restore and/or create wetlands in compensation for permitted development activities. WHIP ANTENNA means a cylindrical antenna that transmits signals in three hundred and sixty (360) degrees. WINDOW SIGN means any sign on a window facing the outside and which is intended to be seen from the exterior. WRECKER/TOW TRUCK means a motor vehicle equipped with hoisting apparatus or other equipment designed for the towing or servicing of wrecked, disabled or inoperable automobiles, trucks, motor vehicles or industrial equipment. XERISCAPE means a landscaping method that maximizes the conservation of water by the use of site-appropriate plants and an efficient watering system. The principles of xeriscape include planning and design, appropriate choice of plants, soil analysis, the use of solid waste compost, efficient irrigation, practical use of turf, appropriate use of mulches, and proper maintenance. YARD means a required open space clear from the ground surface upward, unoccupied and unobstructed by any structure except for fences, walls, trees, and other living landscape material as provided herein. Rev. 4/6/15(Land Development Code) 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 ....................................................................................... III-2 21-30.04 – Official Zoning Map ............................................................................................ III-2 21-30.05 – Comprehensive Plan Consistency ....................................................................... III-3 SECTION 21-31 – COMPREHENSIVE PLAN RELATIONSHIP ................................... III-3 21.31 – Table III-1 ............................................................................................................ III-4 SECTION 21-32 – ZONING DISTRICT DESCRIPTIONS............................................... III-4 21-32.01 – Zoning District Descriptions ............................................................................... III-4 21-32.01 – Table III-2 ............................................................................................................ III-5 SECTION 21-33 – USES AND RESTRICTIONS ............................................................... III-6 21-33.01 – Purpose ................................................................................................................ III-6 21-33.02 – Permitted Uses ..................................................................................................... III-6 21-33.03 – Conditional Uses ................................................................................................. III-6 21-33.04 – Accessory Uses .................................................................................................... III-6 21-33.05 – Table III-3 ............................................................................................................ III-7 SECTION 21-34 – SPECIAL USE REQUIREMENTS ................................................ III-1312 21-34.01 – Home Occupations ........................................................................................ III-1312 21-34.02– Community Residential Homes (CRH) ............................................................. III-14 21-34.03 – Institutional Residential Homes (also referred to as ALF’s) ............................. III-15 21-34.04 – Salvage Yards ................................................................................................ III-1615 21-34.05 – Refuse and Dumpsters ....................................................................................... III-16 21-34.06 – Kennels .......................................................................................................... III-1716 21-34.07 – Mini-warehouses ............................................................................................... III-17 21-34.08 – Bed & Breakfasts ............................................................................................... III-18 21-34.09 – Nursing Homes .................................................................................................. III-18 21-34.10 – Residential Professional Offices .................................................................... III-1918 SECTION 21-35 – PROHIBITED USES ........................................................................ III-2019 21-35.01 – Alcoholic Beverages ...................................................................................... III-2019 Article III i Rev. 4/6/15(Land Development Code) SECTION 21-36 – ACCESSORY USE REQUIREMENTS ......................................... III-2019 21-36.01 – Purpose .......................................................................................................... III-2019 21-36.02 – General Regulations .......................................................................................... III-20 21-36.03 – Outdoor Storage and Display: Commercial/Industrial .................................. III-2221 21-36.04 – Satellite Dishes and Antennas ....................................................................... III-2322 21-36.05 – Places of Worship – Schools/Child Care ....................................................... III-2423 21-36.06 – Boathouses ..................................................................................................... III-2423 21-36.07 – Boat Docks and Slips ..................................................................................... III-2524 21-36.08 – Boats as Dwelling Units ................................................................................ III-2524 21-36.09 – Canopies/Temporary Carports and Tents ...................................................... III-2524 21-36.10 – Swimming Pools ............................................................................................ III-2625 SECTION 21-37 – SPECIAL ACTIVITY/PERMIT REQUIREMENTS ................... III-2827 21-37.01 – Purpose/Scope ............................................................................................... III-2827 21-37.02 – Definitions ..................................................................................................... III-2827 21-37.03 – Special Activity Permit Requirements .......................................................... III-2928 21-37.04 – Special Activity Permit Application Process ................................................ III-3029 21-37.05 – Special Activity Permit Criteria .................................................................... III-3029 21-37.06 – Temporary Structures .................................................................................... III-3130 21-37.07 – Inspections to Ensure Compliance ................................................................ III-3130 21-37.08 – Penalties ......................................................................................................... III-3130 21-37.09 – Exceptions ..................................................................................................... III-3231 SECTION 21-38 – FENCES, WALLS and HEDGES ................................................... III-3231 21-38.01 – Purpose .......................................................................................................... III-3231 21-38.02 – General Requirements ................................................................................... III-3231 21-38.03 – Site Triangle Requirements ........................................................................... III-3332 SECTION 21-39 – PAIN CLINICS ................................................................................. III-3534 21-39.01 – Purpose .......................................................................................................... III-3534 21-39.02 – General Requirements ................................................................................... III-3534 Article III ii Rev. 4/6/15 (Land Development Code) III-1 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; Rev. 4/6/15 (Land Development Code) III-2 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. Rev. 4/6/15 (Land Development Code) III-3 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 III-4) Rev. 4/6/15 (Land Development Code) III-4 TABLE III-1 LAND USE AND ZONING COMPATIBILITY Future Land Use Designation Compatible Zoning Districts Low Density Transition 1.0 DU/net acre RT Low Density Residential 1.0 to 4.0 DU/net acre R-1, R-2, R-3, RPUD, RP, RT Medium Density Residential 4.1 to 8.0 DU/net acre R-3, R-4, RPUD, MH-1, MH-2 High Density Residential 8.1 to 12.0 DU/net acre R-5, RPUD Commercial B-2, B-3, B-4, BPUD Industrial I-1, I-2, IPUD Recreation CN, RT, AG, R-1, R-2, R-3, R-4, R-5, RPUD, RP, MH-1, MH-2, B-2, B-3, B-4, BPUD, I-1, I-2, IPUD, P/SP, R, EC, CC Public/Semi-Public CN, AG, P/SP, R Conservation CN, P/SP, R Agriculture Minimum 1 DU/2.5 net acre AG, R Mixed Use Minimum 15 acres; to 12 DU/net acre RPUD, BPUD, IPUD, MUPUD, EC, CC Sustainable Community Development See SCD Sub-Element of the City of Edgewater Comprehensive Plan SCD/PUD 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) Rev. 4/6/15 (Land Development Code) III-5 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 Development RPUD Intended for mixed residential, personal service and limited retail commercial 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 BusinessCommercial 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 Development BPUD Intended for mixed commercial and limited multifamily residential with a single 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 Development IPUD Intended for mixed industrial and limited commercial with a single 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 Center EC/CC Intended to allow a mix of uses to satisfy varying degrees of intensity and balance the residential and non-residential needs of the City. Mixed Use Planned Unit Development MUPUD Intended for innovative mixed use developments to include, but not be limited to commercial, light industrial and residential. Sustainable Community Development/Planned Unit Development SCD/PUD See SCD Sub-Element of the City of Edgewater Comprehensive Plan. Rev. 4/6/15 (Land Development Code) III-6 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. Re v . 4 / 6 / 1 5 ( L a n d D e v e l o p m e n t C o d e ) II I - 7 SE C T I O N 2 1 - 3 3 . 0 5 TA B L E I I I – 3 PE R M I T T E D ( P ) , C O N D I T I O N A L ( C ) , A N D A C C E S S O R Y ( A ) U S E S ZO N I N G D I S T R I C T S US E , S T R U C T U R E , O R A C T I V I T Y A G C N R T R - 1 R - 2 R - 3 R - 4 R - 5 R P U D R P M H - 1 M H - 2 B - 2 B - 3 B - 4 B P U D I - 1 I - 2 I P U D P / S P E C C C MU P U D SC D / P U D Ad u l t E n t e r t a i n m e n t ( 2 0 ) P Ag r i c u l t u r e - G e n e r a l P P C Ai r c r a f t M a n u f a c t u r i n g P P C C C C Ai r p o r t F i x e d B a s e O p e r a t i o n s P C C P C C C Al u m i n u m C a n T r a n s f e r F a c i l i t y P P C C C C An i m a l H o s p i t a l C C P P C P C C C An t e n n a s ( 1 ) ( 2 ) C C C C C P P P C C C C C C C C C C C C Aquacult u r e P C Au c t i o n / F l e a M a r k e t – I n d o o r O n l y P P C C C Au t o m o b i l e P a i n t & B o d y ( 7 ) ( 1 7 ) P P P C C C Au t o m o b i l e R e p a i r – I n d o o r ( 7 ) P P P P C C C Au t o m o b i l e S e r v i c e ( 7 ) P P C P P C C C Au t o m o b i l e S a l e s / L e a s i n g P P C A A C C C Be d & B r e a k f a s t ( 3 ) C C P P C C C Bo a t B u i l d i n g & R e p a i r C C C C C P C C C C Bo a t S a l e s a n d L e a s i n g P P C A A C C C C Bu l k P r o c e s s i n g P C C C C Ca r W a s h C P P C C C C C C C Ch a u f f e u r / V e h i c l e f o r H i r e P C C C C C C Cemeteri e s P P Co n t a i n m e n t F a c i l i t i e s P C C P C Da y C a r e – C h i l d r e n o r A d u l t ( 1 8 ) P P P P P P P P P P C P A C C C C Di s p e n s i n g F a c i l i t y ( 2 3 ) C Di s t r i b u t i o n F a c i l i t i e s C C P P C C C C Fi n a n c i a l I n s t i t u t e C C P C C C C C C Ga r d e n & Y a r d S u p p l i e s P P C P P C C C Go v e r n m e n t F a c i l i t i e s P C P P P P P P C C P P P P P C P P C P C C C C Re v . 4 / 6 / 1 5 ( L a n d D e v e l o p m e n t C o d e ) II I - 8 SE C T I O N 2 1 - 3 3 . 0 5 TA B L E I I I – 3 PE R M I T T E D ( P ) , C O N D I T I O N A L ( C ) , A N D A C C E S S O R Y ( A ) U S E S (c o n t ’ d ) ZO N I N G D I S T R I C T S US E , S T R U C T U R E , O R A C T I V I T Y A G C N R T R - 1 R - 2 R - 3 R - 4 R - 5 R P U D R P MH - 1 M H - 2 B - 2 B - 3 B - 4 B P U D I - 1 I - 2 I P U D P / S P E C C C M U P U D S C D / P UD He a l t h / F i t n e s s F a c i l i t i e s C C P P A C C C C C C C Ho m e O c c u p a t i o n s P P P P P P P C C P P P P C C C C C Ho t e l / M o t e l P P C C C C In t e r n e t / S w e e p s t a k e s C a f é ( 2 1 ) P Ke n n e l s & B o a r d i n g ( 4 ) C C P C C P C P C C La b o r a t o r i e s C P C C P C C C C Lo d g e s – F r a t e r n a l / S o r o r i t y P C C C C Ma r i n a C A P C P C C C C Ma r i n a R e l a t e d I n d u s t r i a l P C C C C Ma c h i n e S h o p / R e p a i r P P C P P C C C C Ma n u f a c t u r i n g – G e n e r a l C P P C C C C Me d i c a l / D e n t a l O f f i c e s C C P P C C C C Mi n i - w a r e h o u s e ( 5 ) P C C P P C C C C Mi n i n g / E x c a v a t i o n ( 1 9 ) P P P Mo b i l e H o m e S a l e s P C C Ni g h t C l u b / L o u n g e / B a r C P A C C C C C Nu r s i n g H o m e s ( 6 ) P C C P C C C Ou t d o o r E q u i p m e n t S a l e s P C P P C C C C Ou t d o o r S t o r a g e ( 7 ) A C C C P C C C C Pa i n C l i n i c ( 2 2 ) C Pa w n S h o p ( 2 1 ) P Pe r s o n a l S e r v i c e F a c i l i t i e s C C P P C C C C C C C Po o l H a l l / B i l l i a r d s C C P P C C C C C C C C C Pl a c e s o f W o r s h i p C C C C C C C C P P C C P C C Pl a c e s o f W o r s h i p – S c h o o l s ( 1 5 ) C C C C C C C C C P P C P C C C C Pr o f e s s i o n a l O f f i c e F a c i l i t i e s ( 1 3 ) C C C C P P C C P P C C C C C Ra i l r o a d F a c i l i t i e s P P C P C Re c o r d i n g F a c i l i t i e s C P P C C C C C C C C Re v . 4 / 6 / 1 5 ( L a n d D e v e l o p m e n t C o d e ) II I - 9 SE C T I O N 2 1 - 3 3 . 0 5 TA B L E I I I – 3 PE R M I T T E D ( P ) , C O N D I T I O N A L ( C ) , A N D A C C E S S O R Y ( A ) U S E S (c o n t ’ d ) ZO N I N G D I S T R I C T S US E , S T R U C T U R E , O R A C T I V I T Y A G C N R T R - 1 R - 2 R - 3 R - 4 R - 5 R P U D R P MH - 1 M H - 2 B - 2 B - 3 B - 4 B P U D I - 1 I - 2 I P U D P / S P E C C C M U P U D S C D / P UD Re c r e a t i o n a l U s e s (R * ) (1 4 ) P C P P P P P P C C A A P P C C C C C P C C C C Re s e a r c h F a c i l i t i e s C P C P P C C C C Re s i d e n t i a l - C o m m u n i t y H o m e ( 8 ) P P C C C C C C Re s i d e n t i a l – D u p l e x ( 1 6 ) P P C C C C C Re s i d e n t i a l – F a m i l y H o m e ( 9 ) P P P P P P P C C C C C Re s i d e n t i a l – I n s t i t u t i o n a l H o m e ( 1 0 ) P P C C C C C C Re s i d e n t i a l – M u l t i f a m i l y ( 1 1 ) ( 1 6 ) P P C C C C Re s i d e n t i a l – M a n u f a c t u r e d / M o b i l e H o m e s C P P C C C Re s i d e n t i a l – M o d u l a r H o m e P P P P P P P C P C C C C C Re s i d e n t i a l – S i n g l e F a m i l y ( 1 6 ) P P P P P P P C C C C C C Re s t a u r a n t s A & B C A P P A C C C C C C C Re t a i l – G e n e r a l C P P A C A A C A C C RV & B o a t S t o r a g e C A C C A C P P C C C C Sa l v a g e Y a r d s ( 1 2 ) C Sa t e l l i t e D i s h e s A A A A A A A A A A A A A A A A A A A A A A Sc h o o l s – P u b l i c P P P P P P P C P C P P C C C C P C C C Sc h o o l s – P r i v a t e C C C C A C P C C C C C P C C C Sh o p p i n g C e n t e r C C P C C C C C C Si l v i c u l t u r e P C Ta t t o o P a r l o r / B o d y - P i e r c i n g S t u d i o ( 2 1 ) P Te l e c o m m u n i c a t i o n - U n m a n n e d P P P P P P P C P P P P P C P P C C C C Te l e c o m m u n i c a t i o n T o w e r s ( 2 ) C C C C C C C C C C C C C C C C C C C Th e a t e r s C P C C C C Tr u c k F r e i g h t T e r m i n a l P C C C C Wa r e h o u s i n g & S t o r a g e P C C P P C C C C Wh o l e s a l e & D i s t r i b u t i o n P C C P P C C C C Wr e c k e r / T o w T r u c k S e r v i c e P P C P P C C C C * R – R e c r e a t i o n Z o n i n g D i s t r i c t , Re c r e a t i o n a l U s e s p e r m i t t e d o n l y Rev. 4/6/15 (Land Development Code) III-10 TABLE III-3 FOOTNOTES The sections cited below identify special requirements for the listed land uses and are found on the following pages. In addition, many of the proposed projects must also comply with the requirements of Article IV – Natural Resource Protection, Article V – Site Design Criteria, Article VI – Signs and Article XVIII - Indian River Boulevard – S.R. 442 Corridor Design Regulations. 1. See Satellite Dishes, Section 21-36.04 – Dishes greater than 39 centimeters in diameter are required to obtain a building permit and otherwise conform to the site development criteria. 2. See Telecommunications, Article XII for details. 3. See Bed & Breakfast, Section 21-34.08 for details. 4. See Kennels/Boarding, Section 21-34.06 for details. 5. See Mini-Warehouses, Section 21-34.07 for details. 6. See Nursing Homes, Section 21-34.09 for details. 7. See Outdoor Storage, Section 21-34.04 and 21-36.03 for details. 8. See Community Residential Homes, Section 21-34.02 for details. 9. Limited to 6 or less, residents and no closer than 1000 feet to another Family Residential Home. 10. See Institutional Residential Homes, Section 21-34.03 for details. 11. Multifamily residential is permitted in BPUD only as part of a single business/residential development plan – See Article V, Section 21-57 for details. 12. See Salvage Yards, Section 21-34.04 for details. 13. Residential Professional offices may be permitted as a conditional use in the R-2 district for certain properties abutting State Road #442. See Section 21-34.10 for details. Rev. 4/6/15 (Land Development Code) III-11 14. No artificial lights or recreational activity within 25 feet of the perimeter of the property line shall be permitted adjacent to residential property. 15. Places of Worship – Schools/Child Care, see Section 21-36.05 for details. 16. Attached and detached aircraft hangars permitted in residential districts adjacent to airport taxiways. 17. Outside application of flammable finishes and/or environmentally sensitive finishes (spray painting) is strictly prohibited. 18. State license required. 19. Mining/Excavation is defined as the exploration for or extraction of surface or subterranean compounds; which shall include oil and gas exploration and production, and the mining of metallic and non-metallic minerals, sand, gravel, fill dirt, and rock. 20. Adult Entertainment is permitted in the I-1 (Light Industrial) zoning district with the exception of properties with frontage on Park Avenue. 21. Internet/Sweepstakes Cafés, 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 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 Café 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 Café dedicates less than 25% of its square footage to internet/sweepstakes activity after the expansion or relocation. Rev. 4/6/15 (Land Development Code) III-12 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 I-1 district (with the exception of parcels having frontage on Park Avenue) where Internet/Sweepstakes Cafés, 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. 23. The number of dispensing facilities shall be limited to two (2) within the City limits. One (1) dispensing facility may be located north of Indian River Boulevard-S.R. 442 and one (1) dispensing facility may be located south of Indian River Boulevard-S.R. 442. Dispensing facilities shall comply with the following separation requirements: a. No dispensing facility shall be located within one thousand five hundred (1,500) feet of an established church or public or private school. b. No dispensing facility shall operate within one thousand five hundred (1,500) feet of any existing dispensing facility. c. The distance between dispensing facilities shall be measured by the City from each respective property line. Parking standards for dispensing facilities shall conform to standard retail parking requirements contained in Article V. Landlords who lease space to a dispensing facility must expressly incorporate language into the lease or rental agreement stating that failure 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 Rev. 4/6/15 (Land Development Code) III-13 breach of the lease and shall constitute grounds for termination of the lease and immediate eviction by the landlord. 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. 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. Rev. 4/6/15 (Land Development Code) III-14 h. The use of typewriters, computers, printers, photocopiers and fax machines will be permitted for office use and small machinery such as hand drills and small jigsaws for hobbyist uses. Hobbyist uses shall be limited to $500 in total inventory. i. All home occupations shall be required to obtain a home business tax receipt pursuant to the requirements of Chapter 11 of the City Code of Ordinances prior to initiating operation. j. Garages, carports or similar structures, whether attached or detached shall not be used for storage of material or manufacturing concerning the home occupation (other than storage of an automobile). k. Any home business tax receipt that generates more than 10 vehicle trips per day shall require a City fire inspection. Excessive traffic shall not be permitted other than routine residential traffic. l. 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 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 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 CRH. 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. Rev. 4/6/15 (Land Development Code) III-15 f. 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 CRH 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 be 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. l. 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. n. A Community Residential Home shall not be located closer than 1,200 feet (1,200’) to another CRH or closer than 500 feet (500’) of a parcel zoned AG, RT, R-1, R-2, or R-3. [See Chapter 419.001 F.S.] o. All distance requirements shall be measured from the nearest point of the existing CRH property line, or the zoning district described above, whichever is greater. p. Each facility shall be required to obtain an appropriate license prior to receiving 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 an Institutional Residential Home. a. A minimum 4 foot (4’) high fence shall be provided at all times. b. Full time on-site management shall be provided at all times. Rev. 4/6/15 (Land Development Code) III-16 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. 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 Rev. 4/6/15 (Land Development Code) III-17 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: 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 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: Rev. 4/6/15 (Land Development Code) III-18 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. 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. Rev. 4/6/15 (Land Development Code) III-19 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’). 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 Rev. 4/6/15 (Land Development Code) III-20 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. 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. Rev. 4/6/15 (Land Development Code) III-21 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 and 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. k. Storage sheds of 120 sq. ft. or less may be located five (5’) feet from rear and side property lines. l. 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. Rev. 4/6/15 (Land Development Code) III-22 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 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 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. 4/6/15 (Land Development Code) III-23 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. 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. Rev. 4/6/15 (Land Development Code) III-24 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. 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. 4/6/15 (Land Development Code) III-25 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. 1. 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 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 Rev. 4/6/15 (Land Development Code) III-26 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. 21-36.10 – 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 Rev. 4/6/15 (Land Development Code) III-27 1. 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 Rev. 4/6/15 (Land Development Code) III-28 an ASTM laboratory may be accepted, if inspected and approved by a licensed plumbing inspector. i. 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 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. l. 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 Rev. 4/6/15 (Land Development Code) III-29 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 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 1st through June 30th; and Rev. 4/6/15 (Land Development Code) III-30 2. One 10-day period and two 1-day charitable events/activity between the period of July 1st through December 31st. 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 (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. Rev. 4/6/15 (Land Development Code) III-31 c. The proposed activity shall comply with the City’s Land Development Code and noise ordinance conditions. d. The proposed activity will direct on-site lighting away from adjacent parcels and roadways. e. The proposed activity shall have adequate sanitary facilities. f. The applicant shall post a bond or provide insurance in the amount of $500,000 if no on-site alcohol consumption is proposed and $1,000,000 if on-site alcohol consumption is permitted and/or pyrotechnics are proposed to indemnify and hold the City harmless of any and all liabilities. g. The City Council may waive the requirements as contained in Section 21-35.01 for alcohol sales and/or consumption associated with a special activity. h. The City Council may add other conditions to protect the health, safety and welfare of the residents. 21-37.06 – Temporary Structures It shall be the responsibility of the applicant of the special activity permit to ensure the structural integrity of all temporary structures erected for special activities. The structures are to be safe, structurally sound and of adequate capacity to service the number of persons proposed to use the 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. Rev. 4/6/15 (Land Development Code) III-32 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. 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. Rev. 4/6/15 (Land Development Code) III-33 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. 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 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. l. 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 ½’) 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. 4/6/15 (Land Development Code) III-34 Rev. 4/6/15 (Land Development Code) III-35 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. Rev. 4/6/15 (Land Development Code) III-36 h. 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. l. Pain Clinics shall remain in compliance with all federal, state, county and municipal laws and ordinances as may be amended from time to time m. Pain Clinics may operate Monday through Friday during the hours of 9:00 a.m. and 5:00 p.m. only. n. Pain Clinics shall have a waiting room of at least three hundred (300) gross square feet in area and each examination room shall consist of at least one hundred (100) gross square feet in area. o. Pain Clinics shall provide one (1) parking space per ten (10) gross square feet of waiting room area, two (2) parking spaces per one (1) examination room and one (1) parking space per two hundred fifty (250) gross square feet of the remaining building area. p. All Pain Clinics shall allow representatives of the City to enter and inspect their places of business during business hours or at any time the business is occupied for the purpose of an initial inspection to verify compliance with the requirements of the City Land Development Code, Code of Ordinances, Florida Building Code and Florida Fire Prevention Code prior to Certificate of Use approval and thereafter on an annual basis in conjunction with the Certificate of Use renewal.