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880a ZONING ORDINANCE CITY OF EDGEWATER, FLORIDA TABLE OF CONTENTS Preamble Page 1 la Article I. - Title, Purpose, Jurisdiction Section 100. Title 2 Section 101. Purpose 2 Section 102. Jurisdiction 2 Article II Definitions Section 200. Interpretation of Certain Terms & Words 3 Article III Application of District Regulations Section 300. Zoning Affects All Land and Buildings 19 Section 301. Buildings shall not exceed Ordinance Requirements 19 Section 302. Yard, Off -Street Parking or Loading Space Requirements for One Building 19 Section 303. Reduction of Lot Area Prohibition 19 Section 304. Uses by Right _ 20 Article IV Non -Conformance Section 400. Types of Non -Conforming Status 21 400.01 Non -Conforming Lots of Record 21 400.02 Non -Conforming Uses 22 400.03 Non -Conforming Structures 22 Section 401. Repairs and Maintenance 23 Section 402. Abandonment of Non -Conforming Uses 23 Section 403. Discontinuance of Non -Conforming Use of Land and Buildings 23 Section 404. Uses Under Special Exception Provi- sions Not Non -Conforming Uses 24 Article V Establishment of Districts, Official Zoning Map Section 500. Establishment of Districts 25 Section 501. Official Zoning Map 25 501.01 Identification of Official Map 25 501.02 Map Changes 25 501.03 Official Map, Final Authority 26 501.04 Replacement of Official Zoning Map 26 4 a Section 502. Interpretation of District Boundaries 26 502.01 Boundaries Approximately Following Streets, Highways or Alleys 26 502.02 Boundaries Approximately Following Platted Lot Lines 26 502.03 Boundaries Approsimately Following City Limits 27 502.04 Boundaries Approximately Following Railroad Lines 27 502.05 Boundaries Approximately Following Shore Lines, Stream Beds, or other Water Bodies 27 502.06 Removal of Territory from City: Annexation 27 502.07 Boundaries Approximately Parallel of Extension of Above Features 27 502.08 Board of Adjustment to Interpret Boun- daries in Cases of Variance Between Actual Features and Zoning Map 27 502.09 District Boundary Dividing a Lot 27 Article VI District Use Regulations and Requirements Section 600. Schedule of District Regulations 28 Article VII Supple-^ntary Regulati,,'_9 Section 700. 0'--..' e: ': °.:,ki,^ E Loading Require- 106 700.01 F... -"i -• Y'-rking 106 700.02 'Loading 110 Section 701. 111 701.01 1 : ci,ib' 701.02 :)iF . _ Section 702. '•oat Section 703. inat 112 Section 704. B: s 113 Section 705.- -. 113 Section 706. Feoc,- - 113 Section 707. 113 Section 708, ur: 113 Section 709, 114 Section 710. 114 Section 711. 114 Section 712. Section 713. 5- ?,;e- Section 714. .oe 6 Section 715. Application for Rezoning, Site Plan Approval, Amendments to Approved Site Plan and Enforcement 116 Section 716. Planning Board Recommendations 119 Article VIII Administration and Penalties Section 800. Administration 120 800.01 Enforcement Official 120 800.02 Violations 120 800.03 Building Permits Required 120 800.04 Application for Building Permit 120 800.05 Certificates of Zoning for New, Altered or Non -Conforming ❑see 121 800.06 Expiration of Building Permits 122 800.07 Construction and Uses to Remain the same 122 800.08 Buildings Under Construction, Octstanding Permits 123 Section 801. Penalties 123 Article IX Board of Adjustment Section 900. Membership 124 Section 901. Proceedings 124 Section 902. Administrative Review Powers 125 Section 903. Granting Special Exceptions 125 Section 904. Granting Variances 127 Article X Appeal and Application Procedures for Special Exceptions and Variances Section 1000. Filing Appeals 129 Section 1001. Application for Special Exceptions 130 Section 1002. Application for Variances 131 Article XI Changes and Amendments Section 1100. Action by Applicant 132 Section 1101. Action by Planning and Zoning Board 133 Section 1102. Action by City Council 133 Section 1103. Notice of Public Hearing 133 Section 114. Fees 133 Section 1105. Reconsideration of Denied Rezoning Applications 134 Article XII Legal Status Provision Section 1200. Conflict with Other Ordinances 135 Section 1201. Interpretation and Validity 135 Section 1202. Effective Date 135 01 3 ORDINANCE NO. 880 AN ORDINANCE ESTABLISHING COMPREHENSIVE ZONING REGULATIONS FOR THE CITY OF EDGEWATER, FLORIDA AND PROVIDING FOR THE ADMINISTRATION, ENFORCEMENT AND AMENDMENT THEREOF, IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 166, FLORIDA STATUTES, AND FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. THEREFOR. WHEREAS, Chapter 166, Florida Statutes 1973, empowers the City to enact a zoning ordinance and to provide for its administration, enforcement and amendment, and WHEREAS, The City Council deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact such an ordinance, and WHEREAS, The City Council pursuant to the provisions of Chapter 166, Florida Statutes, has appointed a Zoning and Planning Board to recommend the boundaries of the various districts and appropriate regulations to be enforced therein, and WHEREAS, Chapter 27,532, Section 7, Laws of Florida, Special Acts 1951, and subsequent amendments thereto, the same being the Chapter Act of the City of Edgewater, Florida, authorizes the City Council of the City of Edge- water to regulate and control the erection and construction of buildings and structures of every kind and nature what- soever and to set apart districts, zones, sections or sub- divisions of municipality in which certain classes, divisions or sorts of buildings and structures and those alone, may be constructed and erected; and WHEREAS, the Zoning and Planning Board has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population, to facilitate the adequate provision of transportation, water, F—e-Age, schools, parks and other public requirements, WHEREAS, the Zoning and Planning Board has given reasonable consideration, among other things, to the character of the distrists and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the municipality, and WHEREAS, the Zoning and Planning Board has made a preliminary report and held public hearings thereon, and submitted its final report to the City Council, and WHEREAS, the City Council has given due public notice of hearings relating to zoning districts, regulations, and restrictions, and has held such public hearings, and WHEREAS, all requirements of Chapter 166, Florida Statutes with regard to the preparation of the report of the Zoning and Planning Board and subsequent action of the City Council have been met: NOW THEREFORE BE IT ORDAINED BY THE PEOPLE OF THE CITY OF EDGEWATER, FLORIDA: -la- Ulm ZONING ORDINANCE FOR THE CITY OF EDGEWATER, FLORIDA ARTICLE I TITLE, PURPOSE, JURISDICTION Section 100.00 Title: Those regulations shall be known and may be cited a�Fie "Zoning Ordinance" of Edgewater, Florida. Section 101.00 Purpose: The purpose of this Ordinance is to guide future development in accordance with the Edgewater Future Land Use Plan, in order that the City may grow in an orderly manner. The regulations are designed to promote the public health, safety, and general welfare by assuring orderly development and facilitating the adequate provision of transportation, utilities, and other public improvements. These general goals include the specific purposes set forth in the definition of the respective districts, Article V, Section 500.00 of this ordinance. Section 102.00 Jurisdiction: The provisions of this Ordinance shall app y wit to he corporate limits of the City of Edgewater, Florida. ARTICLE II DEFINITIONS Section 200.00 Interpretations of Certain Terms and Words: Except where specific definitions are used within this Ordinance, for the purpose of this Ordinance the following terms, phrases, words and their derivation shall have the meaning given herein when not inconsistent with the context. Words used in the present tense include the future; words in the plural number include the singular number; words in the singular number include the plural number. The words "used for' shall include "designed for" or "intended for". The word "shall" is mandatory and the word "may" is permissive. - 3- Accessory Building or Structure: A subordinate building or structure which is located on the same lot as the principal building, the use of which building is clearly incidental to the use of the principal building. Accessory Use: A use customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building. Accessory uses shall include patios, or porches enclosed by screening, and swimming pools. Accommodations: Any hotel, motel, tourist court, rooming house or rental unit intended to be used for transient persons or tourists for overnight lodging, or longer. Alley: Any public right-of-way set aside for public travel at least thirty (30) feet in width, intended to be used only as a secondary means of access for service to abutting properties and not intended for general traffic circulation. Altered: Altered shall mean any changes 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 the building codes or the Ordinance except for minor changes or repairs not involving the aforesaid features. The word "altered" shall include the words "alteration" and "repaired". Apartment: An apartment shall mean a customarily renter - occupied dwelling unit constructed as part of a group of three or more units which are attached by a common wall and located on land which is owned by the apart- ment management. Apartment -Garage: A detached, accessory building with ground floor storage for automobiles and with single-family living quarters on the second floor which shall not exceed two (2) stories in height. Apartment -Garden: A garden apartment shall mean a customarily renter -occupied dwelling unit as part of a group of three but not more than eight dwelling units all of which are attached to the adjacent dwelling unit by a common wall. - 4- Automobile Wrecking: The dismantling or disassembling of used motor vehicles or travel trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or travel trailers. Area Building: The total of area taken on a horizontal plane at the main grade level of the principal building and all accessory buildings exclusive of uncovered porches and steps. Automobile Sales Area: An open area other than a public right-of-way used for display, sale or the rental of new or used motor vehicles in operable condition and where no repair work is done. Beginning of Construction: The incorporation of labor and material within the foundation of the building or buildings. Block: A tract of land bounded by streets or by a combination of streets and public parks, cemetaries, railroad right- of-way, shore lines of waterways, or boundary lines of a municipality. Board of Adjustment: The Board of Adjustment shall mean the Board of Adjustments as defined in Article IX of this Ordinance and Chapter 176, Laws of Florida. Boat Liveries: Establishments offering the rental of boats and fishing equipment. Boathouse, Private: An accessory building on the same lot with a residence designed for the protection or storage of boats which shall not be used for temporary or permanent dwelling purposes. Buffer: A (6) foot high screen that is kept in a neat and presentable condition at all times and consists of either: (a) a decorative wooden fence that is (50) to (75) percent solid, (b) a decorative concrete block wall with the exception that the top (2) feet of the wall shall be (50) percent solid, or (c) Florida Grade AM1 evergreen plant materials of sufficient opacity and density to prevent visual pene- tration. Plant materials may initially be less than (6) feet in height but shall not be less than (3) feet. - 5- Building: Any enclosed structure having a roof supported by columns or walls and intended for use for a residence, business, industry, or other public or private purpose. For the purpose of this Ordinance mobile homes shall not be considered as a building. Building, Accessory: See "Accessory Building or Structure", page 4. Building, Area: That area within and bounded by the building lines established by the required yards and setbacks. Building -Coverage: That percentage of the lot area covered or occupied by buildings or roofed portions of structures. Building -Front of: The side of a building or structure where the main entrance is located. All building fronts shall face toward the principal road, street, highway or way serving the building. Building Height: The vertical distance measured from the average elevation of the proposed finished grade along the front of the building to the highest point of a flat roof, or to the deck line of a mansard roof, or to the average height level between eaves and ridge for gable, hip, and gambrel roofs. Building Line: The line established by yard or setback requirements outside of which no principal building may be erected. Building, Principal: The building in which the principal use conducted on a lot is situated. Bulkhead line: An imaginary line established in or along the Atlantic Ocean, a river, watercourse, or other body of water, in order to fix and establish the maximum distance from the shoreline within which filling may be permitted. Bar: Any place devoted primarily to the retailing and drinking of malt, vinous or other alcoholic beverages, or any place where any sign is exhibited or displayed indicating that alcoholic beverages are obtainable for consumption on the premises. The word "bar" shall include the words, "saloon", "tavern", "pub", and 'Barroom". Cafeteria: A place where food is obtained by self-service and eaten on the premises. -6- Carport: A covered structure used as a private garage and open on at least two sides, one of which shall be used for vehicle entry. Any structure not falling under this definition shall be considered to be a garage and shall be equipped with a garage door. Car Wash: A building or portion thereof containing apparatus and facilities other than a faucet and hose for washing automobiles. Change of Occupancy: The term "change of occupancy" shall mean a discontinuance of an existing use and the sub- stitution therefore of a use of a different kind or class. "Change of occupancy" is not intended to include a change in tenants, or proprietors unless accompanied by a change of use. City Manager: Shall mean the City Manager of the City of Edgewater of the City Council in the absence of the City Manager Club, Semi -Public: An association of persons for some common recreational or social purposes but not including groups organized to render a service which is customarily carried on asra business. The term "semi-public club" shall include the terms "Lodge", "fraternal order" and "societies". Club, Night: A commercial establishment retailing alcoholic beverages for consumption on the premises and in which customer dancing is permitted and where floor shows or entertainment is provided for the customers. Cluster Housing Development: A development involving two or more detached dwellings to be constructed on a tract of land at least ten acres in size and on which all land areas not occupied by dwelling units shall be designated as common open space. Commercial Vehicle: Any vehicle designed, intended or used for transportation of people, goods, or things other than private passenger vehicles and trailers for private, non-profit transportation of goods, and boats. Council, City: The City Council shall mean the City Council of Edgewater, Florida. -7- 44 Condominium: A condominium shall mean a customarily owner - occupied dwelling unit constructed as part of a group of three or more dwelling units which are attached by a common wall and located on land that is owned by the condominium management. Corner Lot: A lot abutting two or more streets at their intersections. Coverage, Building: see 'Building Coverage" on page6 . Day CareCenter: A place operated by any person(s) who receives therein for pay, children for daytime control and care, including all types of day care programs, as day nurseries for the children of working mothers, nursing schools and kindergartens for children under the minimum age for admission to public schools, parent -cooperative nursery schools, play groups for school children, or other similar units operated under any name whatsoever. District: A portion of the territory of the City of Edgewater in which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this Zoning Ordinance. Dwelling: A house, apartment, or building primarily designed and used for housekeeping purposes. The word "dwelling" shall not include the words "hotel", "Motel", "Tourist courts", "boarding homes", "cabins" or "tents". Dwelling, Detached: A dwelling which is entirely surrounded by open space on the same lot. Dwelling, Single -Family: A detached dwelling designed for or occupied by one family and having housekeeping and cooking facilities for one family. Dwelling, Two -Family: A dwelling designed for or occupied by two families, and having separate housekeeping and cooking facilities for each family. The word "two- family dwelling" includes the word "duplex". Dwelling, Multi -Family: A dwelling designed for or occupied by three or more families and which has separate hmuse- keeping and cooking facilities for each family. Dwelling Unit: A building or portion of a building designed for or occupied by one family and having housekeeping and cooking facilities for the exclusive use of the family. Enforcement Official: The municipal official designated by the Edgewater City Council to administer and enforce -8- 16160 the Zoning Ordinance. The City Council shall be the En- forcement Official in lieu of the City Manager. Erect: Erect shall mean to build, construct, reconstruct, move upon, or make any physical operations required for building on the premises. Excavations, fill, drainage and the like shall be considered a part of erection. Essential Services: The erection, construction, alteration or maintenance, by public unilities or municipal or other governmental agencies of underground or overhead gas, electrical, steam or water transmission or distri- bution systems, collection communication, supply or disposal systems, including poles, wires, mains, drains sewers, pipes, conduits, cables, firealarm boxes, po- licecall boxes, traffic signals, hydrants, and other similar equipment and accessories, in connection there- with; reasonably necessary for the Punishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health, safety or general welfare. Family: One or more persons all living together and inter- related by marriage, birth; or legal adoption occupying a dwelling unit. Floor Area: The sum of the gross horizontal areas of the several floors of a building excluding cellar and base- ment floor area not devoted to residential use, porches, patios, breezeways, carports, sun porches or other simi- lar structural additions that are unenclosed or enclosed with mesh screen. Group Development: A development involving two or more buildings to be constructed on a plot of ground at least one-half (1/2) acre in size. Grade, Finished: The completed surface of lawns, walks and driveways brought to grade as shown on the plans or de- signs relating thereto. Home Occupation: An occupation not otherwise permitted in the district, which is of a type customarily conducted entirely within a dwelling and carried on by the occu- pants thereof: (a) in connection with which occupation there is no display visible from outside the building, (b) which use is clearly incidental to the use of the dwelling for living purposes and does not change the character thereof, 9 4"P (c) in which occupation no persons other than members of the household are engaged, and (d) which occupation is confined to the dwelling and occupies no more than twenty percent (20%) of the general floor use thereof. Hotel: A building designed to provide sleeping room acco- modations for guests and recognized as a hotel by the Florida State Hotel and Restaurant Commission. Industry: Any activity involving the manufacturing or treatment of any commodity including the assembly, packaging, canning, bottling, or processing of any item. To change any commodity in composition, form size, shape, texture, or appearance is deemed to be an industrial process. Industrial Park: A special or exclusive type of planned industrial area designed and equipped to accommodate a community of industries, providing them with all necessary facilities and services in attractive surroundings, among compatible neighbors. Industrial parks may be promoted or sponsored by private developers and community or governmental organizations. Junk Yard: A lot or land area where used or second hand materials are bought, sold, exchanged, stored, baled, packaged, packed, disassembled, or handled including but not limited to scrap iron and other metals, cloths, paper, rags, plumbing fixtures, rubber tires, and bottles. The word "junk yard" includes the words "automobile wrecking yard" and "salvage operations or yard". Lot: A parcel or tract of land which has been designated and recorded as a single unit of area on a subdivision plat officially recorded in Volusia County. Lot, Aytpical: A lot within a recorded subdivision where, as a result of subdivision design, the lot abuts a public right-of-way at one end and any of the following at the opposite end. (a) A water way or body at least fifty (50) feet in width. (b) A golf course fairway or green. -10 - 1641 (c) An open space (whether alone or combieed with other open spaces within the same subdivision) comprising at least fifteen (15) percent of the total land area in said subdivision and where undivided interests of such open space (s) are designed and legally constituted to be conveyed concurrently with such subdivision lots. Lot, Corner: A lot or portion of a lot abutting the intersection of two or more streets. Lot, Depth: The average horizontal distance between the front and rear property lines. Lot, Width: The horizontal distance between the side property lines of a lot measured along the building line. Marina: A facility located on a public navigable waterway which is accessible and adjacent to the shore and which is provided with boat slips and moorings for securing, servicing, or repairing yachts, cruisers, outboard motor boats and motors, sailboats, and charter fishing boats, but specifically, excluding industrial and commercial fishing craft. Mobile Home: A manufactured transportable single-family dwelling unit suitable for year-round occupancy and containing water supply, waste disposal and electrical conveniences. Mobile Home Park: A land area of at least five acres in size which is divided into lots that are rented or leased to owners or possessors of mobile homes. Mobile Home Subdivision: A land area at least fifteen acres in size which has been subdivided according to regula- tions of the Edgewater Mobile Home Subdivision Ordinance. Motel: One or more buildings containing sleeping units for transients, with automobile parking spaces provided in connection therewith and with individual access to the outside parking area. The word "motel" includes the following: "Motor court", "motor hotel", "moter lodge", and "tourist court". -11- Non -Conforming Lots of Record: A lot existing at the effective date of this Ordinance, or any amendment thereto, which does not meet the Lot requirements of the district in which it is located. Non -Conforming Structure: A structure or portion thereof, existing at the effective date of this Ordinance or any amendment thereto, which was occupied, designed, erected, intended, or structurally altered for a use not permitted at its location by the provisions of this Ordinance and or for a new use which does not conform to all of the regulations applicable to the district in which it is located. Non -Conforming Use: The use of a structure or premises, existing at the effective date of this Ordinance, or any amendment thereto, for any purpose not permitted for a new use in the district in which it is located. Nursing Home: A home for aged, chronically ill, or indigent people in which persons not of the immediate family of the occupant 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 Zoning Map: A map which graphically illustrates the boundaries of each zoning district and can be identified according to the provisions of Article V, Section 501.00. Off -Street Loading Space: A space for loading or unloading located on the same lot with a building or contiguous to a group of buildings for the temporary parking of a commercial vehicle while loading or unloading mer- chandise or materials which abuts upon a street, alley or other appropriate means of access. Off -Street Parking Space: A permanently surfaced area for the parking of a motor vehicle. Such space shall have a minimum width of ten (10) feet and a minimum length of twenty (20) feet. When off-street parking spaces are required, a minimum of four hundred (400) square feet of area per parking space shall be used for com- puting the minimum total required parking area including driving lanes, maneuvering lands, landscaping and parking spaces. -12- q(o o • Parking Lot: A lot where motor vehicles are parked or stored temporarily, but not including the wrecking of automobiles or storage of new or used cars for sale, service, rental, or any other purpose other than specified. Planned Unit Development: A tract of land which is developed as an integrated unit under single ownership or control, which includes a mixing of residential building types ranging from single-family to multi -family dwellings and supporting commercial facilities. Public Use: The use of any land, water, or buildings by municipality, public body or board, commission or authority, county, state, or Federal government, or any agency thereof for a public service or purpose. Restaurant: A building or room, not operated as a dining room in connection with a hotel, where meals or pre- pared food including beverages and confections are served to customers. Restaurants are hereby classi- fied as follows: Type A• Restaurants with dining tables and counter stoo s aving all service indoors and providing no service to persons in vehicles or at walk-up windows. Type B: Restaurants dispensing food from service widows for consumption on or of the premises, which specializes in shortorder foods and beverages. Type C: Restaurants serving food and or beverages to persons in their vehicles for consumption in their vehicles on the premises. Right -of -Way Line: The Right-of-way line is designated as the property line and all setback requirements provided in this Ordinance shall be measured from said right-of- way line. Rooming House: A residential building used, or intended to be used as a place where sleeping or housekeeping accomo- dations are furnished or provided for pay to transient or permanent guests or tenants in which less than ten and more than three rooms are used for the accomodations of such guests or tenants which may maintain a dining room in the same building servicing only residents and regylar boarders, except where variance has been granted. The word "rooming house" includes the words "boarding house" and "lodging home". �w0 -13- 0 Self -Service Laundry: A business rendering a retail service by making available to retail customers for a charge at a fixed location and structure, equip- ment for washing and drying laundry. Service Station, Type A: A business primarily engaged in servicing motor vehicles but limited to the sale of fuel, lubricants and other accessory products necessary to the operation of motor vehicles, but not including the mechanical or body repair or the sale of motor vehicles. Screening: see 'Buffer" on page 5. Service Stathon, Type B: Upholstering and servicing of automotive vehicles which includes the sale of fuel, lubricants, and other products necessary to the opera- tion of motor vehicles including the sale and instal- lation of accessories, tires, batteries, minor engine tune-ups, wheel balancing, and alighment, brake service, but not including mechanical or body repair or the sale of motor vehicles. Service Station, Type C: General repair, re -building or re -conditioning of engines, motor vehicles or trailers, collision service including body, frame or fender straightening or repair; overall painting or paint shop. Set -Back: The minimum distance between the street right- of-way and the front line or side line of the building or any projection thereof, excluding projections specifically permitted. Sign: Any device or display, consisting of letters, numbers, symbols, pictures, illustrations, announce- ments, cut-outs, insignia, trademarks or demonstrations designed to advertise, inform, identify, or to attract the attention of persons not on the premises on which the device or display is located, and visible from any public way. A sign shall be construed to be a single display surface or device containing elements organized related and composed to form a single unit. In cases where material is displayed in a random or unconnected manner, or where there is reasonable doubt as to the intended relationship of such components, without organized relationship of such components, each com- ponent or element shall be considered to be a single sign. A projecting or ground sign with sign surface on both sides of such sign shall be construed as a single sign, and the total area of such sign shall be the area computed on a single sign. Advertising Sign: A sign that is used to ad- vertise—a�iusiness commodity, service, the entertainment or accomodations offered, sold, or conducted on the premises, but shall not include directory signs, occupant identification signs, professional signs, shingle signs, or subdivision signs. Construction Si n: A sign placed on property w ere -construction is in progress and may include the names of firms and persons per- forming services, labor or supplying materials to the premises. Development Signs: A sign designed and intended to a vertise iFie sale of lots and/or buildings for promotional purposes. Director Signs: A sign indicating the name and/or occupation of the occupants of a building and which includes directories for churches, apartment houses, lodges, clubs, and office buildings. Occu�pa�nt-Identification: A sign that is used to inTicate to tr.e c the legal or exact firm name and/or the character of the business or profession conducted on the premises. Political Sign: A sign that is; a. rel'ative to the election of a person to public office. b, relating to a political party. c. relating to a matter to be voted upon at an election called by a public body. Professional Si n: A sign designating the office or a protessional practice, indicating the names of the professionals and the profession. Real Estate Sign: A sign displayed for the purpose 0 o er ng or sale, rent or lease any land or building. -IS- _�bo Shingle Sign*. A projecting or wall sign not over one half (1 1/2) square feet in area. Subdivision Sign: A sign designed as a per- manent structure that identifies a subdivision or neighborhood. Shopping Center: A group of commercial establishments planned developed, owned and managed as a unit, with off-street parking provided on a site of at least two acres and related in its location, size, and type of shops to the trade area which the unit serves. Special Exceptions: A special exception is a use that would not be appropriate generally or without restriction throughout the zoning district, but which, if controlled as a number, area, location, or relation to the neigh- borhood would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity or general welfare. Such uses may be permitted in such zoning division or district as special exceptions, if specific provision for such special exception is made in this Zoning Ordinance. Story: The portion of a building included between the surface of any floor and the surface of the next floor above it, or if there be no floor above it, then the space between such floor and the ceiling above it. Story, Half: A story under a gabled, hipped or gambrel roof, the wall plates of which, on at least two o-posite exterior walls are not more than two feet above the finished floor of such story. Street: A public thoroughfare that affords means of access to abutting property. Street, Arterial: A street designated on the Edgewater Future Land Use Plan as an arterial street. Street, Collector: A street designated on the Edgewater Future Land Use Plan as a collector street. Street, Line: A line between a street and the abutting lot which defines the edge of the leg al width of a dedicated street right-of-way. -16- 10 �^ n Structure: Anything constructed or erected, which requires location on the ground or attached to something having a location on the ground. Theater: A structure that is used for dramatic, motion pictures or other performances for admission to which entrance money is collected and no audience participation or meal service allowed. Townhouse: A townhouse shall mean a dwelling unit constructed as part of a group of three but not more than eight dwelling units in one building, all of which are: a) Attached to the adjacent dwelling unit by common walls b) Customarily owner -occupied, and c) Situated on individually owned parcels of land. Travel Trailers: A vehicular, portable structure built on a chassis designed to be used as a temporary dwelling for travel, recreational and vacation purposes, and permanently identified as a travel trailer by the manufacturer of the trailer. The word "travel trailer" shall not include the word "mobile home". Use: 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, Accessory: see "Accessory Use" on page 3. Use, Non -Conforming: see "Non -Conforming Use" on page 3. Use, Permitted: A use which is permitted in a praticular Zoning District. Use, Principal: The primary use of the mot as distinguished from accessory uses. There may be more than one principal use on the lot. Variance: A modification of, or a deviation from, the regulations of this Zoning Ordinance which is authorized and approved by the Board of Adjustments after it finds that the literal application of the provisions of this Zoning Ordinance would cause unnecessary hardship in the use or development of a specific lot or building. Yard: A required open space which shall not be occupied or obstructed by a structure or portion thereof with the exception of fences, walls and hedges as expressly per- mitted in the Zoning Ordinance. -17- %o Yard, Front: A yard extending across the front of a lot which is bounded by the front lot line, the two side lot lines, and a line extending along the front of the foremost structure permitted on the lot. Depth as required front yards shall be measured along a line drawn perpendicular to the front property line. Yard, Rear: A yard extending across the rear of a lot, which is bounded by the rear lot line, the two side lots lines and a line extending along the rear of the hindmost structure on the lot. D�e�t�h of required rear yards shall be measured along a line drawn perpendicular to the rear property line. Yard, Side: A yard extending across the side of a lot which is bounded by the rear lot line, the side lot line, the front yard line, and a line extending along the side of the structure nearest the side lot line. Width of re- quired side yards shall be measured along a ine drawn perpendicular to the side lot line of the side of the lot in question. Zoning and Planning Board: Zoning and Planning Board shall mean the Edgewater Zoning and Planning Board. Zoning Certificate: A document issued by the Enforcement Official authorizing buildings, structures, or uses consistent with the terms of this Zoning Ordinance and for the purpose of carrying out and enforcing its provisions. C ARTICLE III APPLICATION OF DISTRICT REGULATIONS The regulations set by this Ordinance within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, and particularly except as hereinafter provided: Section 300.00 Zoning Affects All Land, Buildings and Structures No building, structure or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered except in conformity with all of the regulations herein specified for the district in which it is located. Section 301.00 Buildings Shall Not Exceed Ordinance Requirements No building or other structure shall hereafter be erected or altered: (a) to exceed the height or bulk; (b) to accomodate or house a greater number of families; (c) to occupy a greater percentage of lot area; (d) to have narrower or smaller rear yards, front yards, side yards or other open spaces, than herein required; or in any other manner contrary to the provisions of this Ordinance. Section 302.00 Yard Off -Street Parking or Loading Space Requirements For n� a gui'd ng: No part of a yard, or other open space, or off-street parking or loading space required about or in connection with any buiiding for the purpose of complying with this Ordinance, shall be included as part of a yard, open space, or off- street parking or loading space similarly required for any other building. Section 303.00 Reduction of Lot Area Prohibited: No yard or lot existing at the time of passage of this Ordinance shall be reduced in dimension or area below the minimum requirements set forth herein. Yards of lots -19- 0 created after the effective date of this Ordinance shall meet at least the minimum requirements established by this Ordinance. Section 304.00 Uses by Right: Uses not designed as permitted by right or subject to additional conditions in a district shall be prohibited from that district. Special exceptions are permitted subject to additional regulations imposed. The special exceptions may be approved only by the Board of Adjust- ment following proper application as described in Article X. Section 1001. Additional uses may be added to this ordinance by amendment. -20- bb c ARTICLE IV NON-CONFORMANCE Section 400, 00 Types of Non -Conforming Statutes: Within the districts establis a ythis r3'inance or amen ments that may later be adopted there may exist: (a) lots, (b) uses of land and structures, and (c) structures which were lawful before this Ordinance was passed or amended, but which would be prohibited, regulated or restricted under the terms of this Ordinance or future amendment. It is the intent of this Ordinance to permit these non- conformitibs_to continue in their present condition, but not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district. There are three types of non -conforming status: 400.01 Non-Conformin Lots of Record: In any dis- trict in which sing e- ami y we ings are permitted, notwithstanding district dimensional requirements,a single-family dwelling and customary accessory buildings may be erected on any single lot or record at the effective date of adoption or amendment of this Ordinance. This provision shall apply even though.such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that yard dimensions and requirements other than those applying to area or width, or both of the lot shall conform to the regulations for the district in which such lot is locatpd. If more than two lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this Ordinance, and if all or part of the lots do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purposes of this Ordinance, and no portion of said parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this See Ord. 940 Re: 51% of subdivision developed Amended again by Ord.942 to apply only to Silver Ridge -21- Ordinance, nor shall any division of any parcel be made which creates a lot with width or area below the requirements statements stated in this Ordinance. 400.02 Non -Conforming Uses: Where at the effective date ofadoption o amen went of this Ordinance, lawful use of land or buildings exists which would not be permitted under the regulations Imposed by this Ordinance, and where such uses involve no individual structure with a replacement cost ex- ceeding $1,000, the use may be continued so long as it remains otherwise lawful, provided: (a) No such non -conforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this Ordinance; (b) No such non -conforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date of adoption or amendment of this Ordinance; (c) No additional structure not conforming to the requirements of this Ordinance shall be erected in connection with such non -conforming use of land. 400.03 Non -Co nformin Structures: Where a lawful structure exists at t e e ective date of adoption or amendment of this Ordinance that could not be built under the terms of this Ordinance by reason of restrictions on area, lot coverage, height, yards, its location on the lot or other requirements con- cerning the structure, such structure may be con- tinued so long as it remains otherwise lawful, subject to the following provisions: (a) No such non -conforming structure may be enlarged or altered in a way which increases its non- conformity, but any structure or portion thereof may be altered to decrease its non -conformity. -22- uyo C (b) Should such non -conforming structure or non- conforming portion of structure be destroyed by any means to an extent of more than 50 percent (50%) of its appraised value at time of destruction, it shall not be reconstructed except in conformity with the provisions of this Ordinance. (c) Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations of the district in which it is located after it is moved. Section 401.00 Repairs and Maintenance: On any non- conforming structure or portionntea structure containing a non -conforming use, repairs and modernization are per- mitted provided that the cubic content existing when it became non -conforming shall not be increased. Nothing in this Ordinance shall be deemed to prevent the strenthening or restoring to a safe dondition of any building or part thereof declared to be unsafe by any public official charged with protecting the public safety, upon order of such official. Section 402.00 Abandonment of Non -Conform in Uses: Whenever a non -conforming use as een iscon inued for a period of six (6) months, such use shall not thereafter be re-established and any future use shall be in con- formity With the provisions of this Ordinance. Section 403.00 Discontinuance of Non-Conformin Uses of Land and Buildings. non -con orming uses o an and auildings s_T be discontinued and all buildings which are being used for a non -conforming purpose shall be torn down, altered or otherwise made to conform with the use provisions of this Ordinance within the following periods of time from the date of the enactment of this Ordinance: (a) A non -conforming use of land involving no building other than accessory buildings: two years (b) Signs and sign structures Refer to sign Ordinance for discontinuance period on different sign types. (c) A non -conforming use in a conforming building Five years -23- �qt' (d) A non -conforming use in a non -conforming frame or light metal building Ten years (e) A non -conforming use if other non -conforming buildings Twenty years Section 404.00 exception in a istrict under the terms of this Ordiance (other than a change through Board of Adjustment action from a non -conforming use to another use not generally permitted in the district) shall not be deemed a non- conforming use in such district, but shall without further action be considered a conforming use. -24- le n U ARTICLE V ESTABLISHMENT OF DISTRICTS, OFFICIAL ZONING MAP Section 500.00 Establishment of Districts. The City of Edgewater, Florida, is divided into twenty-three (23) districts within which the uses of land are regulated as provided by this Ordinance. Each district is listed below with its accompanying abbreviation: C Conservation District R-1 Single Family Residential District R-2 Single Family Residential District R-3 Single Family Residential District R-4 Multi -Family Residential District R-5 Multi -Family Residential District R-SA R-6 Oceanfront Multi -Family Residential District RR-PUD Resort -Residential Planned Unit Development MH-1 Mobile Home Park District MH-IA Mobile Home Park District MH-2 Mobile Home Park District B-1 Central Business District B-2 Neithborhood Business District B-3 Highway Commercial District B-4 Tourist Oriented Commercial District B-5 Planned Shopping Center B-6 Medical -Professional District I-1 Light Industrial District I-2 Heavy Industrial District I-3 Planned Industrial Park District 501.01 Identification of Official Ma e Official Zoning Map s a e i entified 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 Article V of the Zoning Ordinance of the City of Edgewater, Florida (on the date of adoption)." SOLO' Ma Chan es: , 1H accor ance with Article XI and Chapter 176, Florida Statutes, changes are made in district boundaries or other matter portrayed on the Official Zoning Map, such changes shall be entered on the Official Zoning Map promptly after the amendment has been approved by the City Council with an entry on the Official Zoning Map as follows: -25- �Ibo "On (date), by official action of the City Council the following change(s) were made in the Official Zoning Map:(brief description of nature of change),"which entry shall be signed by the Mayor and attested by the City Clerk. No amendment to this Ordinance which involves matter portrayed on the Official Zoning Map shall become effective until after such change and entry has been made on said map. No changes of any nature shall be made in the Official Zoning Map or matter thereon shown except in conformity with the procedures set forth in this Ordinance. 501.03 Official Map, Fin al Authority. Regardless of the exis- tence of purport�ies of tie �ficial Zoning Map which may from time to time be made or published, the Official Zoning Map which shall be located in the office of the enforcing official shall be the final authority as to the current zoning status of land and water areas, buildings and other structures in the City. 111.11 Replacement of Official Zoning Map: In the event the Official Zoning ap ecomes damaged, destroyed, lost or difficult to interpret because of the nature or number of changes and additions, the City Council may adopt a new Official Zoning Map which shall supersede the prior Official Zoning Map. The new Official Zoning Map may correct drafting or other errors or omissions in theprior Official Zoning Map, but no such correction shall have the effect of amending the original Official Zoning Map or any subsequent amendment thereof. The new 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 Official Zoning Map supersedes and replaces the Official Zoning Map adopted (date of adoption of map being replaced) as part of Ordinance No. 219 of the City of Edgewater, Florida." Unless the prior Official Zoning Map has been lost, or has been totally destroyed, the prior map or any significant parts thereof remaining shall be preserved, together with all available records pertaining to its adoption or amendment. Section 502.00 Interpretation bf District Boundaries. Where uncertainty exists as to t eh o� aeries of districts as shown on the Official Zoning Map, the following rules shall apply: 502.01 Boundaries ADDroximately Following Streets_ Fliuhwavc or niieys: nounuaries indicated as approximately followin the center lines of streets, highways, or alleys shall be construed to follow such center lines; 112.12 Boundaries App roximatelY Followingg Plat Boundaries indicate oximateIy iol win -lines shall be construed as following such lot -26- �,4F C 0 502.03 Boundaries Approximately Boundaries indicateapprox shall be construed as followin 502.04 Boundaries Approximate Boundaries in3icat�ollow construed to be midway between Following City Limits; ately folding city limits such city limits; main tracks; 111.01 Boundaries Approximately Following Shore Lines, Stream Beds_• of �tT'ff Water �o3ies: Boundaries indicated as following shore lines shall be con- strued to follow such shore lines, except where bulkhead lines have been established the boundary shall follow such bulkhead lines. In the event of change in the shore line, the boundary shall be construed as moving with the actual shore line; boundaries indicated as approximately following the center lines of streams, rivers, canals, lakes or other bodies of water shall be construed to follow such centerlines. 502.06 Removal of Territory from City: Annexation: In the event o c anges in H15 l removing territory from the City, district boundaries shall be construed as moving with city limits. In the event of annexation of new areas into the City, such areas shall be considered to be in the highest residential district until otherwise classified. 502.07 Boundaries Approximate ly Parallel of Extension of Above Features: ind'icate�as parallel to or extensions of eatindicated in subsections 502.01 through 502.05 above shall be so construed. Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of the map; 502.08 Board of Adjustment to Interpret Boundaries in Cases of Va ni anrec aYw—kAPOYnicc anT 3nn}a� Where .natural or man-made features existing on the ground are at variance with those shown on the Official Zoning Map, or in other circumstances not covered by subsections 502.01 through 502.07 above, the Board of Adjustment shall interpret the district boundaries. 502.09 District Boundary Diyi ding a Lot: Where a district boundary lin�ivi es a of w is was In single ownership at the time of passage of this Ordinance, the Board of Adjustment may permit, as a special exception, the extension of the regulations for either portion of the lot not to exceed fifty (50) feet beyond the district line into the remaining portion of the lot. _27_ 4 ARTICLE VI DISTRICT USE REGULATIONS AND REQUIREMENTS Section 600.00 Schedule o;op istrict Regulations: District regulations shaTI-Be set'f In to STie c eedulor District Regulations below, hereby declared to be a part of this Ordinance and in Article VII of the Ordinance, entitled "Supplementary District Regulations". CONSERVATION DISTRICT Intent: The Conservation District is intended to protect developers and property owners from investing in land and improvements which may be located on land which is subject to flooding or part of theCity's natural drainage system. Permitted Uses: Open agricultural uses such as field crops, tree crops, fern crops, grazing land, grass land and pastures. Fishing and picnicking Public parks and playfields Nature trails and exhibits Horseback riding Nurseries for growing plant materials, but no sales Public utility lines and facilities Permitted Accessory Uses: Non-residential agricultural buildings and recreation facilities related to the permitted uses. Special Exceptions: None Dimensional Requirements: Minimum Lot Size: Area 20,000 sq. ft. Depth 200 ft. Width 100 ft. Minimum Yard Size: Front Yard 40 ft. Rear yard 30 ft. Side yard 10 ft. -28- -Iyo r Q Maximum Building Coverage: The total area covered with buildings on any lot shall not exceed thirty percent (30%) of the total lot area. Maximum Building Height: Thirty-five (35) feet above finished grade. Off -Street Parking: Off-street parking shall beprovided as required in Article VII, Section 700.01. Off -Street parking areas shall not exceed into or occupy any required yard area. Signs: The following sign types are permitted provided they meet the requirements of the Edgewater Sign Ordinance: construction, directory and development. SINGLE-FAMILY RESIDENTIAL DISTRICT Intent The single family residential districts are intended as single family residential areas for low to medium popula- tion densities. Within the areas designated for these single family uses, existing development and usage has resulted in three general single family areas which are being preserved in order to stabilize the neighborhood. Aside from stabilizing these three areas, the nature of the residential use of the property throughout the general area will enhance the prospects for future residential development in an orderly manner. No single family dwelling shall exceed two stories. _29_ _01P o 0 R-1- SINGLE-FAMILY RESIDENTIAL DISTRICT Permitted Uses: Pacilities owned and operated by federal, state, county or municipal government; playfields; playgrounds; public parks; recreation buildings; and single-family dwelling units. Permitted Accessory Uses: Home Occupations as defined in Article II. All those uses customarily associated with the permitted principal uses. Special Exceptions: Schools provided all structures are located at least thirty-five (35) feet from all side or rear property lines and off-street parking areas abutting residential property are screened by a buffer as defined in Article II. Dimensional Requirements: Minimum Lot Size: Area 12,OOO.sq:.ft. Depth 120 feet Width 100 feet Minimum Yard Size: Front yard 40 feet Rear yard 30 feet Side yard a minimum of 10 feet except corner plots or lots with a side street setback, a mini- mum of 30 feet. Maximum Building Coverage: The total area covered with buildings on any lot shall not exceed thirty percent (30%) of the total lot area. Maximum Building Height: Thirty-five (35) feet above finished grade. Minimum Floor Area Requirement: 12,00 sq. ft. per dwelling unit Off -Street Parking: Off-street parking shall be provided as required in Article VII, Section 700.01. Signs: The following sign types are permitted in the R-1 district provided they meet the requirements of the Edgewater Sign Ordinance: Construction Development Directory Real Estate Subdivision -31- R-IA SINGLE-FAMILY RESIDENTIAL DISTRICT Permitted Uses: Facilities owned and operated by federal, state, county or municipal government; playfields; playgrounds; public parks; recreation buildings; and single-family one story dwelling units. Permitted Accessory Uses: Home Occupations as defined in Article II. All those uses customarily associated with the permitted principal uses. Special Exceptions: Schools provided all structures are located at least thirty-five (35) feet from all side or rear property lines and off-street parking areas abutting residential property are screened by a buffer as defined in Article II. Dimensional Requirements: Minimum Lot Size: Area 12,000 sq. ft. Depth 120 feet Width loo feet Minimum Yard Size: Front yard 40 feet Rear yard 30 feet Side yard 10% of lot width with a mini- mum of 10 feet except corner plots with a side street set- back, a minimum of 30 feet. Maximum Building Coverage: The total area covered with buildings on any lot shall not exceed thirty percent (30%) of the total lot area. _32_ C O Maximum Building Height: Twenty-two feet above the crown of Riverside Drive Minimum Floor Area Requirement: 1,200 sq. ft. per dwelling unit. Off -Street Parking: Off-street parking shall be provided as required in Article VII, Section 700.01. Signs: The following sign types are permitted in the R-LA district provided they meet the requirements of the Edgewater Sign Ordinance: Construction Development Directory Real Estate Subdivision -33- 4141 0 0 R-lB SINGLE-FAMILY RESIDENTIAL DISTRICT Permitted Uses: Facilities owned and operated by federal, state, county or municipal government; playfields; playgrounds; public parks; recreation buildings; and single-family dwelling units, in Florida Shores only. Permitted Accessory Uses: Home Occupations as defined in Article II. All those uses customarily associated with the permitted principal uses. Special Exceptions: Schools provided all structures are located at least thirty-five (35) feet from all side or rear property lines and off-street parking areas abutting residential property are screened by a buffer as defined in Article II. Dimensional Requirements: Minimum Lot Size: Area 10,000 Depth 125 Width 80 Minimum Yard Size: Front yard 30 feet Rear yard 20 feet Side yard a minimum of 10 feet except corner plots or lots with a side street setback, a minimum of 30 feet. Special Exceptions to Dimensional Requirements All building lots adjacent to either side of Indian River Boulevard shall have a sixty (60) foot setback from the boulevard, therefore the minimum lot size shall be 160 feet wide and 120 feet deep. -34- o rye c Maximum Building Coverage: The total area covered with buildings on any lot shall not exceed thirty percent (30%) of the total lot area. Maximum Building Height: Thirty five (35) feet above finished grade. Minimum Floor Area Requirement: 1,200 sq. ft. per dwelling unit. Off -Street Parking: Off-street parking shall be provided as required in Article VII, Section 700.01. Signs: The following sign types are permitted in the R-lB district provided they meet the requirements of the Edgewater Sign Ordinance: Construction Development Directory Real Estate Subdivision _35_ 4rto R-2 SINGLE FAMILY RESIDENTIAL: DISTRICT Permitted Uses: Facilities owned and operated by federal, state, county or municipal government; playfields, playgrounds, public parks, recreation buildings, and single family dwelling units. Permitted Accessory Uses: All those uses customarily associated with the permitted principal uses. Special Exceptions: Schools, provided all structures are located at least thirty-five (35) feet from all side or rear property lines and off-street parking areas abutting residential property are screened by a buffer as defined in Article II. Dimensional Requirements: Minimum Lot Size: Area 8,625 sq. ft Depth 115 ft. Width 75 ft. Minimum Yard Size: Front yard 30 ft. Rear yard 20 ft. Side yard a minimum of 10 feet except corner plots or lots with a side street setback, a minimum of 30 feet. Maximum Building Coverage: The total area covered with buildings on any lot shall not exceed thirty percent (30%) of the total lot area. Maximum Building Height: 35 feet Minimum Floor Area Requitement: 950 sq. ft. per dwelling unit Off -Street Parking: Off-street parking shall be provided as required in Article VII, Section 700.01 Signs: The following sign types are permitted in the R-2 district provided they meet the requirements of the Edgewater Sign Ordinance: -36- 01 0 o Construction Development Directory Real Estate Subdivision R-3 SINGLE FAMILY RESIDENTIAL DISTRICT Permitted Uses: Facilities owned and operated by federal, state, county or municipal government; playfields, playgrounds, public parks, recreation buildings and single family dwelling units. Permitted Accessory Uses: All those uses customarily associated with the permitted principal uses. Special Exceptions: Schools, provided all structures are located at least thirty-five (35) feet from all side or rear property lines and off-street parking areas abutting residential property are screened by a buffer as defined in Article II. Dimensional Requirements: Minimum Lot Size: Area 81625 sq. ft Depth 115 ft. Width 75 ft. Minimum Yard Size: Front yard 30 ft. Rear yard 20 ft. Side yard 10% of lot width with a minimum of 10 feet except corner plots with a sidestreet setback, a minimum of 30 feet. Maximum Building Height: 35 feet Maximum Building Coverage: The total area covered with buildings on any lot shall not exceed thirty percent (301) of the total lot area. -37 Minimum Floor Area Requirement: 800 sq. ft. per dwelling unit Off -Street Parking: Off-street parking shall be provided as required in Article VII Signs: The following sign types are permitted in the R-3 district provided they meet the requirement of the Edgewater Sign Ordinance Construction Development Directory Real Estate Subdivision R-4 MULTI -FAMILY DISTRICT Permitted Uses: Multi -family dwellings including townhouses, apartments and garden apartments, and single family dwellings. Permitted Accessory Uses: Those accessory uses customarily incidental to the permitted uses. Special Exceptions: None Dimensional Requirements: The following requirements shall be used to regulate multi -family dwellings in the R-4 Multi -family Residential District: -38- Minimum Project Site: A multi -family dwelling project site shall include no less than 20,000 square feet of contiguous land area. Yard Requirements: Front and rear ard: Multi -family dwellings shall e ocate no c oser than twenty-five (25) feet to any front or rear project boundary line. Side ard: Multi -family dwellings shall be located from project boundaries as follows: Interior side yards: (10) foot minimum or 10% of the �irontage wFiichiever is greater and in no event shall the side yard exceed (45) feet. Side lot on corner street shall be no closer than (25) feet from main project boundary or street right-of-way, and in addition all lots shall have a five (5) foot planted buffer or green area. Lot requirements: (Lot requirements per dwelling units apply only to townhouse developments) Minimum Lot Size Per dwelling unit - 1800 sq. ft. Minimum Lot Width 18 feet Minimum Lot Depth None Maximum Building Height: Each building shall not exceed three (3) stories or forty five (45) feet in height. Minimum Floor Area; 750 sq. ft. per dwelling unit Off -Street Parking: A minimum of 1.5 parking spaces per dwelling unit. Off- street parking area shall not extend into or occupy any required yard. Signs: The following sign types are permitted in the R-4 District provided the requirements of the Edgewater Sign Ordinance are met: -39- bKo Construction Development Directory Real Estate Subdivision Open Space: Sixty percent (60%) of the project site shall be retained as open space. Open space does not include any land area devoted to buildings, streets or access drives. The open space may include properly landscaped parking lots when the same are recommended by the Zoning and Planning Board and approved by the City Council. Open space must be suitably improved for aesthetic or recreational purposes and it must be maintained by the project management or conveyed to a non-profit organization such as a homeowners association which will be responsible for its maintenance or there shall be provided by the developer a trust fund for perpetual maintenance of the area. Deed Covenants: The developer shall supply in writing all covenants and restrictions that will govern the maintenance of the open space and other aspects of the multi -family dwelling project that are necessary for the welfare of the project and consistent with the best interest of Fdgewater. Such legal instruments shall be submitted with the siteplan and approved by the Zoning and Planning, Board, City Legal Department, and the City Council prior to the rezoning or the issuance of a building permit by the Chief Building Official. Landscaping and Utility Lines: Open space, and all land area not otherwise developed shall be landscaped in a manner that enhances the appearance of the multi -family dwelling project. -40- ��bo R-5 MULTI -FAMILY DISTRICT Intent: The R-5 District is intended to be a low denisty multiple family residential district. It is suitable for large and small land parcels and is primarily useful as a buffer between single family and business districts and/ or older residential areas. Permitted Uses: Duplex and multi -family dwellings including townhouses, apartments and condominiums and cluster housing develop- ment projects provided they meet the requirements and plan approval procedures specified below. Accessory Uses Permitted: All those uses customarily associated with the permitted principal uses. Special Exceptions: Churches, nursing homes, and semi-public and public clubs including halls, country clubs and lodges, provided all structures are located at least thirty-five (35) feet from all side or rear property lines and off street parking areas abutting residential property are screened by a buffer as provided for hereinafter. Rooming and Board Homes provided that not more than sixty percent (60%) of the total floor area in one dwelling is devoted to guest occupancy. A Garage Apartment provided it meets the requirements specified in the definition section and provision has been made for vehicle parking. Nursery School or Day Care Centers provided that the following requirements are met: 1. There shall be a minimum of 500 sq. ft. of lot area per child. 2. There shall be a minimum of 200 sq. ft. of play area per child, no part of which shall be within a required front, side or rear yard. -41- fa 3. If the play area is closer than fifty (50) feet to a any property line, the play area shall be screened by a buffer as provided for hereinafter. 4. No building shall be located closer than twenty (20) feet to any lot line. S. No play equipment shall be located in any required front. 6. State Health Rules to prevail on square footage per person. Dimensional Requirements: Duplexes Minimum Lot Size Area 8,250 sq. ft. Depth 110 feet Width 75 feet Minimum Yard Size Front yard 30 feet Side yard 10 feet Rear yard 20 feet Minimum Floor Area 1500 sq. ft. for duplexes Maximum Building Height: Two stories Maximum Building Coverage: 351 of total lot area Cluster Housing Developments Minimum Project Site Size: Ten acres Minimum spacing and setback requirements: All structures shall be spaced a minimum distance of 20 feet apart and shall have a minimum 10 foot setback from street right-of-way lines. In addition, all structures shall have a minimum 25 foot setback from all exterior project lot lines. 42- Minimum Floor Area: 850 sq. ft. for each dwelling unit Maximum Building Height: Two stories Maximum Dwelling Unit Density: Six dwellings per gross acre. Multi -Family Dwellings: Minimum Project Site Size: Project Site Area Depth Width Yard Requirements: Front Yard Rear Yard Side Yard Interior Lots: Corner Lots: Building Separation: 20,000 sq. ft. 200 feet 100 feet 35 feet 25 feet plus 1.5 additional feet for each 10 feet of height above 30 feet 15 feet plus 1.5 additional feet for each 5 foot of building height over 30 feet. 35 feet. Where two or more multi -family dwellings are built on one parcel there shall be a separation of at least 30 feet between the buildings plus 1.5 additional feet for each 5 feet of building height over 30 feet, said distance to be measured along a line parallel to the street upon which the building fronts. Maximum Building Facade Length: Building facades parallel to the street upon which the building fronts shall not exceed 150 feet in length. Maximum Building Height: Eight stories provided where parking is located entirely within the principal building or buildings the height measurement shall be made from the top story to the highest level of parking.* *see Fise Prevention Code. 43- Minimum Lot Area Per Dwelling Unit: 12,000 square feet of lot area for the first six (6) dwelling units plus 1,600 square feet of lot area for each additional dwelling unit. Maximum Lot Coverage by All Buildings: The coverage of a lot by all principal and accessory buildings shall not exceed the following maximums: Maximum Percentage of Coverage includes all solid roofed areas and 50% of covered parking not Height of Buildings in main structure. 1 story 30 2 story 30 3 story 28 4 story 26 5 story 24 6 story 21 7 story 18 8 story 15 Minimum Floor Area: 750 square feet per floor per dwelling unit. Buffers: A landscaped buffer at least ten (10) feet in width along the side lot lines and twenty (20) feet in width along the front lot line shallbeprovided. The buffers shall con- sist of Florida Grade A#1 evergreen plant materials of suf- ficient opacity and density to prevent visual penetration. Plant materials may initially be less than 6 feet in height but shall not be less than 3 feet. Decorative fences or walls shall not be allowed. Off -Street Parking: A minimum of 1.5 parking spaces per dwelling unit. Off- street parking areas will not be permitted in any buffer area. -44- W Covered Parking: Covered parking may be provided either within or outside of the principal structures. If provided within a principal structure, the maximum building height may be increased by an additional story above ground level. If provided out- side a principal structure, it may be considered as open landscaped area provided it has a landscaped periphery and the top is utilized for recreation use. Signs: The following sign types are permitted provided the requirements of the Edgewater Ordinance are met: Construction Development Directory Real Estate Subdivision Common Open Space Areas: All land areas that are not subdivided into individual building lots shall be considered common open space. Common open space areas must be suitably landscaped and improved for aesthetic or recreation purposes and it must be maintained by the project management or conveyed to a non-profit organization such as a home- owner association, which will be responsible for its maintenance or there shall be provided by the developer a trust fund for perpetual maintenance of the area. Deed Covenant: The developer shall supply in writing all covenants and restrictions that will govern the maintenance of the common open space and other aspects of the multi -family dwelling project that are necessary for welfare of the project and consistent with the best interest of Edgewater. Such legal instruments shall be submitted with the site plan and approved by the Zoning and Planning Board, City Legal Department and City Council prior to the rezoning or the issuance of a building permit by the Chief Building Official. Utility Lines for Multi -Family Dwelling and Cluster Housing Development Projects: All utility lines for multi -family dwellings and cluster housing development projects shallbe installed beneath the surface of the ground and a planned layout indicating G their location shall be submitted to the Zoning and Planning Board as part of the site plan requirement. As a safety requirement, if utility lines are less than four (4) feet in depth below the finished grade, it must be incased in concrete. Application for Rezoning and Site Plan Approval: Refer to Article VII Supplementary Regulations. R-SA ZONING DISTRICT Intent: The R-SA district is intended to be a law to medium density multiple -family residential district. It is suitable for the deteriorating or substandard mixed residential neigh- borhoods that exist in the city because the districts are located in close proximity to major thoroughfares, public services. Permitted Uses: Single family, duplex, and multi -family dwellings including townhouses, apartments and condominiums and cluster housing. development projects provided they meet the requirements and plan approval procedures specified below. Accessory Uses Permitted: All those uses customarily associated with the permitted principal uses. Special Exceptions: Churches, nursing homes, and semi-public and public clubs including halls, country clubs and lodges, provided all structures are located at least thirty-five (35) feet from all side or rear property lines and off-street parking areas abutting residential property are screened by a buffer as provided for hereinafter. Rooming and Boarding Homes provided that not more than sixty percent (60%) of the total floor area in one dwelling is devoted to guest occupancy. -46- %41 A Garage Apartment provided it meets the requirements specified in the definition section and provisions have been made for vehicle parking. Nursery school or Day Care Centers provided that the following requirements are met: 1. There shall be a minimum of S00 sq. ft. of lot per child. 2. There shall be a minimum of 200 sq. ft. of play area per child, no part of which shall be within a required front, side or rear yard. 3. If the play area is closer than fifty (50) feet to any property line, the play area shall be screened by a buffer as provided for hereafter. _ 4. No building shall be located closer than twenty (20) feet to any lot line. S. No play equipment shall be located in any required front, rear or side yard. 6. State Health Rules to prevail on square footage per person. Dimensional Requirements: Single Family Dwellings and Duplexes: Minimum Lot Size Area S,250 sq. ft. Depth 110 feet Width 75 feet Minimum Yard Size Front yard 30 feet Side yard 10 feet Rear yard 20 feet Minimum Floor Area 750 sq. ft. per floor for single family dwellings 1500 sq. ft. per floor for duplexes Maximum Building Height: Two stories Maximum Building Coverage: 35 of total lot area Cluster Housing Developments: Minimum project Site Size: Ten Acres -47- 011 C Minimum spacing and setback requirements: All structures shall be spaced a minimum distance of 20 feet apart and shall have a minimum 10 foot setback from street right-of-way lines. In ad- dition, all structures shall have a minimum 25 foot setback from all exterior project lot lines. Minimum Floor Area: 850 sq. ft. for each dwelling unit Maximum Building Height: Two stories Maximum Dwelling Unit Density: Six dwellings per gross acre Multi -Family Dwellings: Minimum Project Site Size: Project Site Area 20,000 sq. ft. Depth 200 feet Width 100 feet Yard Requirements: Front yard Rear yard Side yard Interior Lots Corner Lots Building Separation: 25 feet 2S feet, plus 1.5 addition feet for each 10 feet of height above 30 feet. 10 feet, plus 1.5 additional feet for each 5 feet of building height over 30 feet. 25 feet Where two or more multi -family dwellings are built on one parcel there shall be a separation of at least 30 feet between the buildings plus 1.5 additional feet for each 5 feet of building height over 30 feet, said distance to be measured along a line parallel to the street upon which the building fronts. Maximum Building Facade Length: Building facades parallel to the street upon which the building fronts shall not exceed 150 feet in length. -48- �Jo C Maximum Building Height: Eight stories provided where parking is located entirely within the principal building or buildings the height measurement shall be made from the top story to the highest level of parking. Minimum Lot Area Per Dwelling Unit: 10,000 square feet of lot area for the first eight (8) dwelling units plus 1,500 square feet of lot area for each additional dwelling units. Maximum Lot Coverage by all Buildings: The coverage of a lot by all principal and accessory buildings shall not exceed the following maximums: Maximum Percentage of Coverage includes all solid roofed areas and 50$ of covered parking not Height of Buildings in main structure. 1 story 30 2 story 30 3 story 28 4 story 26 5 sbbry 24 6 story 22 7 story 20 8 story 18 Minimum Floor Area: 550 square feet per dwelling unit Buffers: A landscaped buffer at least ten (10) feet in width along the side lot lines and twenty (20) feet in width along the front lot line shall be provided. The Buffers shall con- sist of Florida Grade AN1 evergreen plant materials of sufficient opacity and density to prevent visual penetra- tion. Plant materials may initially be less than 6 feet in height but shall not be less than 3 feet. Decorative fences or walls shall not be allowed. -49- 4.b0 Covered Parking: Covered parking may be provided either within or outside of the principal structures. If provided within a princi- pal structure, the maximum building height may be increased by an additional story above ground level. If provided outside a principal structure, it may be considered as open landscaped area provided it has a landscaped periphery and the top is utilized for recreation use. Off -Street Parking: A minimum of 1.5 parking spaces per dwelling unit. Off- street parking areas will not be permitted in any buffer area. Signs: The following sign types are permitted provided the require- ments of the Edgewater Ordinance are met: Construction Development Directory Real Estate Subdivision Common Open Space Area-: All land areas that are not subdivided into individual building lots shall be considered common open space. Common open space areas must be suitably landscaped and improved for aesthetic or recreation purposes and it must be maintained by the project management or conveyed to a non-profit organization such as a home- owners association, which will be responsible for its maintenance or there shall be provided by the developer a trust fund for perpetual maintenance of the area. Deed Covenant: The developer shall supply in writing all covenants and restrictions that will govern the maintenance of the common open space and other aspects of the multi -family dwelling project that are necessary for the welfare of the project and consistent with the best interests of Edgewater. Such legal instruments shall be submitted with the site plan and approved by the Zoning and Planning Board, City Legal Department, and City Council prior to the rezoning or the issuance of a building permit by the Chief Building Official. -so All Utility Lines for Multi -Family Dwelling and Cluster Housing Development Projects: All utility lines for multi -family dwelling and cluster housing development projects shall be installed beneath the surface of the ground and a planned layout indicating their location shall he submitted to the Zoning and Planning Board as part of the site plan requirement. As a safety requirement, if utility lines are less than four (4) feet in depth below the finished grade, it must be incased in concrete. Application for Rezoning and Site Plan Approval: Refer to Article VII Supplementary Regulations. R-6 ZONING DISTRICT * Intent: The R-6 district is intended to he a medium density multiple -family residential district. The district is suitable for oceanfront property because it is designed to benefit the public interest by preserving ocean views and breezes, roadside appearance, and encouraging well planned development projects. Permitted Uses: Single family, duplex and multi -family dwellings including townhouses, apartments and condominiums and cluster housing develepment projects provided they meet the requirements and plan approval procedures specified below. Accessory Uses Permited: All those uses customarily associated with the permitted principal uses. Special Exceptions: Churches, nursing homes, and semi-public and public clubs including halls, country clubs and lodges, provided all structures are located at least thirty-five (35) feet from all side or rear property lines and off-street parking areas abutting residential property are screened by a landscaped buffer as provided for hereinafter. Rooming and Boarding Homes provided that not more than sixty percent (60%) of the total floor area in one dwelling, is devoted to guest occupancy. *This section is made part of this Ordinance in light of possible future expansion of the City of Edgewater Municipal Corporate limits to the At Ocean. A garage Apartment provided it meets the requirements specified in the definition section and provision has been made for vehicle parking. Dimensional Requirements: Single family dwellings and duplexes: Minimum Lot Size Area 8,.250 sq. ft. Depth 110 feet Width 75 feet Minimum Yard Size Front yard 30 feet Side yard 10 feet Rear yard 20 feet Minimum Floor Area 800 sq. ft. for single family dwellings 1600 sq. £t. for duplexes Maximum Building Height: Two stories Maximum Building Coverage: 35% of total lot area Cluster Housing Developments: Minimum Project Site Size: Ten Acres Minimum Spacing and Setback Requirements: All structures shall be spaced a minimum distance of 20 feet apart and shall have a minimum 10 foot setback from street right-of-way lines. In ad- dition, all structures shall have a minimum 25 foot setback from all exterior project lot lines. Minimum Floor Area 800 sq. ft. for each dwelling unit Maximum Building Height: Two stories Maximum Dwelling Unit Density: Six dwellings per gross unit Multi -Family Dwellings: Minimum Project Site Size: Project Site Area 20,000 sq. ft. Depth 200 feet Width 100 feet -5 2- Yard Requiaements: Front yard 35 feet Rear or oceanfront yard 50 feet from present bulkhead line, or a distance equal to (..8) of the height of the tallest building, or Department of Natural Resources Construction Setback line, Side Yard whichever is greater. Interior Lots 15 feet plus (5) additional feet for each story above the first. Corner Lots 35 feet. Building Separation: Where two or more multi -family dwellings are built on one parcel, there shall be a separation of at least thirty (30) feet between the buildings plus five (5) feet for each additional story above the first story for the tallest building, said distance to be measured along a line parallel to the shore line. Maximum Building Facade Length: Building facades parallel to the oceanfront shall not exceed 150 feet in length. Maximum Building Height: Eight stories provided where parking is located entirely within the principal building or buildings the height measurement shall be made from the top story to the highest level of parking. Minimum Lot Area Per Dwelling Unit: 10,000 square feet for the first 8 dwelling units plus 1,250 square feet for each additional dwelling unit. Maximum Lot Coverage by All Buildings: The coverage of a lot by all principal and accessory buildings shall not exceed the following maximums: C Maximum Percentage of Coverage includes all solid roofed areas and 50% of covered parking not Height of Buildings in main structure. 1 story 30 2 story 30 3 story 28 4 story 26 5 story 24 6 story 21 7 story 18 8 story IS Minimum Floor Area: 750 square feet per dwelling unit. Buffers: A landscaped bufferrat least 10 feet in width along the side lot line and 20 feet in width along the front lot line shall be provided. The buffers shall consist of Florida Grade A91 evergreen plant materials of sufficient opacity and density to prevent visual penetration. Plant materials may initially be less than 6 feet in height but shall not be less than 3 feet. Decorative fences or walls shall not be allowed. Off -Street Parking: A minimum of 1.5 parking spaces per dwelling unit. Off- street parking areas will not be permitted in any buffer area. Covered Parking: Covered parking may be provided either within or outside of the principal structures. If provided within a principal structure, the maximum building height may be increased by an additional story above ground level. If provided outside a principal structure, it may be considered as open landscaped area provided it has a landscaped periphery and the top is utilized for recreation use. Signs: The following sign types are permitted provided the require- ments of the Edgewater Ordinance are met: -54- ���, Construction Development Directory Real Estate Subdivision Common Open Space Areas: All land areas that are not subdivided into individual building lots shall be considered common open space. Common open space areas must be suitably landscaped and improved for aesthetic or recreation purposes and it must be maintained by the project management or conveyed to a non-profit organization such as a homeowners asso- ciation, which will be responsible for its maintenance or there shall be provided by the developer a trust fund for perpetual maintenance of the area. Deed Covenant: The developer shall supply in writing all covenants and restrictions that will govern the maintenance of the common open space and other aspects of the multi -family dwelling project that are necessary for the welfare of the project and consistent with the best interest of Edgewater. Such legal instruments shall be submitted with the site plan and approved by the Zoning and Planning Board, City Legal Department and City Council prior to the rezoning or the issuance of a building permit by the Chief Building Official. Utility Lines for Multi -Family Dwelling and Cluster Housing Ueve iopment ro7ects: All utility lines for multi -family dwelling and cluster housing development projects shall be installed beneath the surface of the ground and a planned layout indicating their location shall be submitted to the Zoning and Planning Board as part of the site plan requirement. Application for Rezoning and Site Plan Approval: Refer to Article VII Supplementary Regulations. Minimum Spacing Requirements: 1. All mobile homes should be located at least twenty- five (25) feet from any mobile home park property boundary line abutting upon a public street or high- way, and at least fifteen (15) feet from any other property boundary. 2. There shall be a minimum distance of ten (10) feet between the mobile home stand and any abutting mobile home park street. 3. Mobile homes shall be separated from each other and from other buildings and structures by at least twenty (20) feet, provided that mobile homes placed end -to -end may have a clearance of ten (10) feet where opposing rear walls are staggered. Off -Street Parking: Two (2) off-street parking spaces shall be provided for each mobile home. Signs: The following sign types are permitted in the MH-1 District provided the requirements of the Edgewater Ordinance are met: Construction Development Directory Real Estate Subdivision -56- R-R- PLANNED UNIT DEVELOPMENT DISTRICT Intent: The purpose of the Planned Unit Development District is to offer developers the benefits of efficiency, economy, and flexibility of large scale unified development that will create a desirable urban environment by providing for (a) variety and flexibility in the developmental layout and design, (b) the adequate and economical provisions of streets and utilities; (c) a means to preserve the natural and scenic qualities of open areas. Permitted Uses: Uses permitted in a R-R-PUD district may include and shall be limited to: Dwelling units in detached, semi-detached, attached or multi -storied structures or any combination thereof. Uses of a religious, cultural or recreational character, to the extent they are designed and intended to principally serve the residents in the R-R-PUD district. Retail and Business uses permitted within the R-R- PUD district are those which are listed below and intended primarily to serve the residents in the R-R-PUD and their guests. The following are allowed: 1. Physicians 13. Men, women and 2. Dental offices childrens apparel 3. Attorneys offices 14. Sporting goods stores 4. Accounting, auditing, 15. Bakery (non manufacturing) and bookkeeping offices 16. Restaurant S. Real Estate offices 17. Book and stationery stores 6. Out -patient medical and 18. Camera shops dental clinics 19. Jewelry stores 7. Pharmacies 20. Artist supply stores 8. Self-service and quick 21. Music supply stores service laundries 22. Liquor stores 9. :Convenience food stores 23. Ice cream shops 10. Drug stores 24. Men and womens figure 11. Gift and card shops salon. 12. Shoe repair and sales The gross floor area devoted to the permitted retail and business uses shall be in proportion to the entire complex and shall be approved by the Zoning and Planning Board and confirmed by the City Council. In addition, all of the permitted uses shall be concentrated in a general location The gross floor area devoted to the permitted retail and business uses shall be in proportion to the entire complex and shall be approved by the Zoning and Planning, Board and confirmed by the City Council. In addition, all of the permitted uses shall be concentrated in a general location and shall be located in: 1. A structure(s) specifically designed to accomodate the uses. 2. A multiple dwelling unit, or 3. An administrative or community service building for the R-R-PUD district. 21.00 Special Exceptions: The following special uses may be developed as an integral part of the R-R PUD Plan provided they are approved by the City Council and subject to the regulations of this Ordin- ance. The Zoning and Planning Board may recommend and the City Council may approve more stringent requirements for these uses when such requirements are considered necessary to protect and preserve the amenity of water bodies and land areas. 20.01 Ocean front hotels 21.02 Marinas, provided that: Toilet facilities on boats docked at marinas are not used unless they are connected into the marinas sanitary system, and b. The related marina uses are limited to the following: 1. Wet storage area for pleasure, sports, fishing and party fishing boats. 2. Limited size dry storage area for water craft no greater than 30 feet 3. Limited size service yard and emergency repair facilities for water craft no greater in length than 50 feet. 4. Administrative offices related to the operation of the marina. 5. Bait and tackle shop 6. Marina equipment store 7. Accommodations for tourists and transient boater, and 8. Sanitary restrooms provided they are located ashore and within 100 feet from the shore end of any dock if public sewer is available. If under= ground disposal is used, facilities shall be locate as close as soil conditions permit and subject to Health Dept. approval. -SR- 22.00 Design Standards for R-R-PUD The purpose of this Section is to provide desirable open space, tree cover, recreation areas, scenic vistas. and variety in residential properties. 22.01 Ownership; The R-R-PUD projects land area must be in single ownership or under option to single ownership prior to the Board's review of the final development plan. 22.02 Minimum Project Site A R-R-PUD may include no less than fifteen (15) acres of contiguous land. However, projects for the redevelopment of blighted areas may qualify with a minimum tract of con- tiguous land of two and a half (2 112) acres. 22403 Open Space: A minimum of sixty per cent (60%) of the net project area shall be devoted to open space. The net project area shall be the gross project area less street right of way or lands occupied by buildings. The open space may in- clude open parking areas when the same are properly landscaped and approved by the Zoning and Planning Board. 2244 Residential Density: The maximum allowable number of dwelling units shall not exceed six (6) times the number of dwelling units allowed per Scre in the zoning district where the R-R PUD is planned. 22.05 Minimum Living Area: A minimum living area of 750 square feet shall be provided for each single family dwelling unit and 600 square feet for each multiple family dwelling unit. 22.06 Building Height: No structure shall be constructed to a height in excess of the height limits set forth herein: a. Single family dwellings shall not exceed 25 feet in height. b. All other buildings may be constructed to any height; however a building exceeding 35 feet in height will be subject to the building spacing requirements of Section 22.07 (d). 22.07 Building, Location, Setback, Spacing, Length and Perimeter Setback: a. Every structure shall be located to have access to a public street, court, walkway or other area dedicated to public use. b. Every structure shall be set back at least thirty (30) feet from the street right of way line. c. No structure shall be erected within a distance of. twenty (20) feet from another structure. d. The distance between buildings, building setbacks and setbacks from exterior project area boundary lines shall be increased one additional foot for every foot of height over 35 feet, except that no setback shall be required to exceed 100 feet. e. High rise buildings shall be located in such a way as to dissipate any adverse impact on adjoining low rise buildings and shall not invade the privacy of occupants of such low rise buildings. f. The building setbacks from the exterior boundaries of the R-R PUD project shall not be less than the minimum rear yard in the zoning district where located. g. Off street parking and loading areas shall be located a minimum of twenty-five (25) feet from the perimeter boundary of R-R PUD. h. The Zoning and Planning Board may recommend and the City Council may approve more stringent requirements when such measures are considered to be necessary to protect and preserve the privacy and amenity of ad- jacent land uses. 22.08 Common Open Spaces: No open area may be accepted as common open space under the provisions of the ordinance unless it meets the fol- lowing standards: a. The location, shape, size and character of common open space must be shown on the plan. b. Common open area must be used for amenity or recrea- tional purposes. The uses authorized for the common open space must be appropriate to the scale and character of the R-R PUD considering its size, density, expected population, topography and the number and type of dwellings provided. 60- Common open space must be suitably improved for its intended use but common open space containing natural features worthy of preservation may be left unimproved. Common open space must be either conveyed to a public agency which will agree to maintain it or convey it to a non profit association such as a home owners associa- tion, which will be responsible for its maintenance, or there shall be provided by the developer a trust fund for perpetual maintenance of the area. If the open space is deeded to any nonprofit association, the developer or owner shall record a declaration of the covenants and restrictions that will govern the open space of the association. The declaration shall be submitted with the preliminary development plan. Provisions shall be established but limited to the following: The Association shall be established before the dwellings are sold; Membership shall be mandatory for each buyer and successive buyer; The association shall be responsible for the liability insurance, local taxes and the maintenance of recrea- tional and other facilities; If all or any portion of property held by the Associa- tion is being disposed, or if the Association is dis- solved, the open space shall be deeded to the City of Edgewater, Florid.-. 22.09 Deed Covenants: The R-R-PUD project shall contain such covenants, easements and other provisions relating to the bulk, location and a density of such residential units, non-residential units and public facilities as are necessary for the welfare of the R-R-PUD project and are not inconsistent with the best interests of the City. Such legal instruments shall be approved by the City Legal Department. 22.10 Landscaping and Utility Lines: All required open space, parking lot islands and all land area not otherwise developed shall be landscaped in a manner that enhances the appearance of the R-R PUD project and in accordance to the planting plan as required in Article III, Section 32.01 (b) All utility lines shall be installed beneath the surface of the ground and a planned layout and specifications to accomplish this requirement shall bo sub- mitted to the Zoning and Planning Board as an integral part of the R-R PUD application. -61- 22.11 Off Street Parking, Loading, and Unloading: a. Off Street Parking. There shall be designed at the time R submission o the preliminary R-R PUP Plan, per- manent off-street parking space in the amount specified herein. Such parking spaces may be provided in a parking garage or properly graded and drained outdoor area. No public rights of way shall be used in determining or pro- viding required off-street parking. The required number of off-street parking spaces are specified below: Residential -Single family One space for each dwelling unit Duplex of Multi fimily One and one half spaces for each family Retail business shopping area Two and two tenths (2.2) square feet of parking area for every one square foot of gross floor area. In deter- mining area for parking purposes, 400 square feet shall be alloted for each car. This figure includes space assignable to moving lanes, access drives, pedestrian walks, drive up windows and grocery loading areas, as well as landscaped areas to be incorporated in the city layout. Churches One parking space ,or each 4 seats in the sanctuary. Golf course, tennis club, One space for every 3 families on or swim clubs membership or minimum of 25 spaces. Social halls, community cen- One space for each 4 seats provided ters, dance halls, private for patron uses, plus 1 space for clubs, and assembly halls each 100 square feet of floor area if not loeated in conjunc- or ground area used for amusement tion with shopping areas or assembly but not including fixed seats. Hotels One space per unit Restaurants - built in One parking space for each 4 seats in conjuction with a marina rooms for customer services. Marinas One parking space for each boat slip plus 1 boat trailer parking space for every 25 boat slips. b. Off Street loading and unloading space: Every building or structure used for business or trade hereafter erected on the R-R PUD shall have space as indicated herein for the loading and unloading of vehicles off the street. For the purpose of this section, an off street loading space shall have a minimum dimension of 12 ft. x 40 ft. and an overhead clearance of 14 ft. in height above the street grade. Office building, hotels and One loading space for every 10,000- cther institutional uses 40,000 sq, ft, of gross floor area, plus one space for each additional 50,000 sq. ft. of gross floor area. Retail and service One loading space for each 20,000 operations sq. ft. of gross floor area. 22.12 Sign and Lighting Requirements: The following sign and lighting requirements shall apply to all uses of the R-R-PHD: a. Si n Review and A roval. When the final plan is reviewed y t e oning an anning Board and approved by the City Council, all sign design and locational proposals shall also be reviewed by the Zoning and Planning Board and approved by the City Council. b. Sign Height. A sign that is architecturally designed as party t�sructure shall not exceed the height of the building wall on which it is located. All other signs shall not exceed twenty (20) feet in height. No sign shall be located an the roof of any structure. c. Sign Projection. No sign shall project more than one foot from any building wall or canopy edge, or project more than one foot over any walk, drive, parking area, or public way. d. Sign size: No sign shall exceed one square foot of area per two ineal feet of each building wall facing a public street, or facing an access drive if the building has no frontage on a public street. e. Sign Placement. All signs shall be attached to the structure to w is the sign advertises. f. Si n Illumination. Illuminated signs shall be limited to t ose ig tT�ed—from behind to silhouette letters and figures. jz._Sign Design and Color. All signs associated with a partHf ar ua se area she be uniformly designed and colored. h. Sales Promotion Devices. There shall be no sales pro- motion evices use on t e premises of any hotel marina, and shopping areas. i. Window Advertising. All window advertising that con- sists o� paper paste-ons, posters, or other materials shall be prohibited. -63- q%p � _riiidewalk Displays. Sidewalk displays shall be pio�ite—T� k. Floeod and Display Lighting. Flood and display lighting s a s ieIde�s0 as to prevent direct beaming to residential districts and so as to prevent a direct view of the light source from a residential district. 30.00 Pre -Application Conference: Before submitting an application for rezoning to a R-R- PUD, an applicant shall confer with the Zoning and Plan- ning Board to obtain information and guidance before entering into binding commitments, or incurring substan- tial expense in the preparation of plans, surveys, and other data. 30.01 Within ten (10) days after the pre -application conference above set forth, the Zoning and Planning Board shall notify all heads of departments, particularly, but not limited to the City Manager, the Chief of Police, Chief of Fire De- partment, Director of Utilities and the Director of Public Works, for the purpose of a conference with the developer to determine whether or not the needed services for the development can be provided, and under what circumstances they may be provided. 31:00 Application for Rezoning: An application for rezoning to a R-R PUD classification shall be made in accordance with Sections 13 through 15 of the Zoning Ordinance and shall include five (5) copies of all exhibits required by Section 31 and 32. Standards for ground coverage, density, building height, spacing and length, perimeter setbacks, open space, deed covenants landscapingt off-street parking and loading, permitted uses, and signs shall be determined by the requirements and pro- cedures set forth in this Ordinance, which shall prevail over conflicting, requirements of the Zoning Ordinance. 31.01 Outline Development Plan: a. The applicant, at his option may accompany his applica- tion with an outline development plan as specified in this section. If no outline development plan is filed with the application, the applicant shall accompany his application with a preliminary development plan as required by Section 32 of this Ordinance. -04- b. An outline development plan must include both maps and a written statement, and must show the site in relation to the adjoining uses and zoning classifications. c. The maps may be in general, schematic form and must contain the following information: 1. The existing topographic character of the land 2. Existing and proposed land uses and the appro- ximate location buildings and other strucutes. 3. The character and approximate density of dwellings 4. The approximate location of major thoroughfares and improvements. 5. Public uses, including schools, parks, playgrounds, and other open spaces. d. The written statement accompanying the outline develop- ment plan must contain the following information: 1. An explanation of the character of the development. 2. A statement of proposed financing. 3. A statement of the present ownership of all of the land included within the development. 4. A general indication of the expected schedule of development. 31.02 Approval of Outline Development Plan: a. Within thirty (30) days after the filing of the outline development plan, the Zoning and Planning Board shall forward the plan to the City Council with a written report recommending that the plan be disapproved, approved, or approved with modi- fications, and giving reasons for those recommen- dations. b. The City Council shall give notice of a public hearing according to Section 15 of the Zoning Ordinance. C. If the outline development plan is approved, the City Council shall amend the zoning map to show the R-R PUD District. If the outline plan is approved with modifications, the City Council shall not amend the zoning map until the applicant has filed with the City Council written consent to the plan as modified. No building permits may be issued for any development until the final plans have been approved by the City Council under the provisions provided in the following sections. -65- 4c 32.00 Preliminary Development Plan: An applicant seeking approval of a R-R PUD shall submit a preliminary development plan at either of the following times: 1. If no outline development plan has been submitted and approved, at the time of application. 2. If an outline development plan has been approved within six months following its approval. In its discretion and for good cause, the Zoning and Plan- ning Board may recommend and the City Council may extend for three months the pePiod for the filing of the preliminary development plan. 32.01 Required Exhibits: The preliminary development plan must include all of the following information: a. A site plan drawn to a scale of 1"=50' showing: 1. A tenfoot contour interval topographic map of the project area, prepared by a registered sur- veyor or engineer. 2. Street systems, plot lines, and plot design, and off-street parking and loading areas. 3. The approximate location of all buildnngs, struc- tures, and improvements, and open spaces around buildings. 4. Specifications for all improvements as required by the City of Edgewater, zoning ordinance. S. Areas proposed to be conveyed,dedicated or re- served for parks, parkways, playgrounds, public buildings and similar public and semi-public uses. b. A landscaping and tree planting plan. C. Preliminary elevation and perspective drawings of all proposed structures except single-family residences and their accessory buildings. d. A development schedule indicating: 1. The approximate date when construction of the project can be expected to begin. 66- ��" 2. The stages in which the project will be built. 3. The anticipated cost of each development stage 4. The approximate completion dates of each stage and, 5. The area and location of common open space that will be provided at each stage. e. Agreements, provisions or covenants as required by this ordinance which governs the use, mainten- ance and continued protection of the R-R PUD and any of its common open spaces. f. Preliminary engineering plans and specifications of all required improvements, made in accordance with City of Edgewater regulations and specifica- tions and approved by the City Manager. g. A written statement required by .Section 31.01 (d) and a key map showing the development in relation to adjoining uses and zoning classifications. This statement and key map will be required only if the outline development plan was not filed. 32.02 Approval of Preliminary Development Plan: a. If no outline development plan has been submitted and approved, the preliminary development plan shall be considered for approval under the pro- cedures provided in Section 31.02. b. If the outline development plan map has been submitted and approved, the applicant shall file the preliminary development plan with the Zoning and Planning Board. C. The Zoning and Planning Board shall give notice of the review and provide an opportunity for the following to be heard. 1. Any freeholder of the City of Edgewater, who is on record as having appeared at the hearing on the outline development plan. 2. Any freeholder of the City of Edgewater who has indicated to the Zoning and Planning Board in writing that he wishes to be notified. -67- qtl 3. Any proposed building that exceeds thirty-five (35) feet in height the developer shall before ob- taining building permits, furnish specifications to the Zoning and Planning Board of his proposed fire protection plans. Upon the Zoning and Planning Board's recommendation, the City Council may approve or approve with conditions the preliminary development plan if it is in substantial compliance with the outline development plan, the regu- lations of this ordinance, and all other applicable regulations. 33.00 Final Development Plan: The final plan shall be filed with the Zoning and Planning Board within six (6) months following the approval of the preliminary development plan. In its discretion and for good cause, the City Council may extend for six (6)months the period for filing of the final development plan. 33.01 Required Exhibits: The final development plan must include all of the following: a. All the information required in the preliminary development plan. b. Any information or modifications as requested by the Zoning and Planning Board or the City Council. 33.02 Approval of Final Development Plan: a. The Zoning and Planning Board shall give notice of a hearing according to Section 32.02 (c). b. Upon the Zoning and Planning Board's recommen- dation, the City Council may approve the final development plan if it is in substantial agree- ment to the preliminary plan. The City Clerk shall record the final development plan in the manner provided for recording subdivision plats. 34.00 Performance Cuarantee: Prior to the approval of the final plan, the applicant shall either: -68- 11ip 1. Install the required improvements for each stage or stages to be developed according to the development schedule, or 2. File a performance bond for each stage or stages to be developed according to the cost estimates of the development schedule. 40.00 Building Permits: Building permits shall not be issued until the final plan has been approved. The building inspector shall issue building permits for buildings in the stage or stages according to the approved final development schedule or plan, if the buildings are in conformity to the plan and all other applicable ordinances, codes and regulations. Certificates of occupancy shall be issued for buildings that are completed according to the requirements of the final development schedule and plan and all other ordin- ances, codes, and regulations. 41.00 Amendments to the Final Plan: No changes may be made in the approved final plan during the construction of the development except upon application to the appropriate agency under the procedures provided below: a. Minor changes in .the location, siting, and height of buildings and structures may be authorized by the Zoning and Planning Board if required by engineering or other circumstances not foreseen at the time the final plan was approved. No changes authorized by this Section may increase the cubic content of any building or structure by more than ten percent (104). b. All other changes in use, any rearrangement of lots, blocks, and building tracts, any changes in the provisions of common open spaces, and all other amendments to the approved final plan must be made by the City Council, under the procedures authorized by this ordinance. No amendment may be made in the approved final plan unless they are shown to be required by changes in conditions that have occurred since the final plan was approved or by changes in the development policy of the community. 50.00 Reverter: If tangible construction is not instituted within 12 months from the date of final approval of the final Development Plan, the R-R PND zoning shall revert to its former zoning. -69- vp The following definitions shall apply in this ordinance: Cit Mana er - The City Manager shall be construed to encompass t e Mayor of the City of Edgewater. Common Open Space - Common Open Space is a parcel or parcels of and o3 —r an area of water, excepting water bodies dedicated to the public, or a combination of land and water within the state designated for a Resort Residential Planned Unit Development, and designed and intended for th- use or enjoy- ment of residents of the Resort - Residential Planned Unit Development. Common Open Space may contain such complementary structures and improvements as are necessary and appropriate for the benefit and enjoyment of residents of the Resort - Residential Planned Unit Development. Planned Unit Development - Planned Unit Development shall mean an area of a-1 -n3, controlled by a single landowner, to be developed as a single entity primarily for a number of dwelling units, the Plan for which does not correspond in lot size, bulk of type of dwelling, density, lot coverage or required open space to the regulations of any one resi- dential district established by any other Sections of this Zoning Ordinance. Development Schedule - A Development Schedule is a compre- Sensive statement showing the type of development to be completed within various practicable time limits and the order in which such development is to be undertaken, and containing the information required by Aaticle III, Section 32.01 (d). Sta e - A stage is delineated geographic portion of the to a project in which construction is programmed according to the development schedule. -70- TP MH-1 MOBILE HOME PARK DISTRICT Statement of Intent: The MH-1 Mobile Home Park District is intended to apply to areas to be used for mobile home parks. No building or structure or part thereof shall be erected, altered, or used, or land or water used in whole or in part, for other than mobile home parks provided that these district requirements and all requirements of the Edgewater Mobile Home Park Ordinance are met. Permitted Uses: Mobile Homes on lease or rental lots in Mobile Home Parks Recreation Building Building Containing Laundry Facilities Permitted Accessory Uses: Awnings, cabanas, utility sheds, carports, windbreaks, porches, or similar type uses. All accessory uses and structures shall be considered to be part of the mobile home. Special Exceptions: Retail and Personal Service Stores, provided that; 1. The mobile home park has forty (40) or more mobile homes. 2. Such uses are conducted for the conveience of occupants of the mobile home park. 3. No signs or displays are visible from any street indicating such use, and 4. Any building for retail and personal service stores must be setback twenty (20) feet from any street or access drive within the mobile home park. Dimensional Requirements: Minimum Site Size: Five (5) acres Minimum Lot Size: Lot area 5,000 sq. ft. Lot width 50 feet Lot length 100 feet -71- MH-lA MOBILE HOME PARK DISTRICT Statement of Intent: The MH-IA Mobile Home Park District is intended to apply to areas to be used for mobile home parks, the same as in the MH-1 Mobile Home Park District set forth above with the exception that this classification will allow a cluster type development in a particular area. No building or structure or part thereof shall be erected, altered, or used, or land or water used in whole or in part, for other than mobile home parks provided that these district requirements and all requirements of the Edgewater Mobile Home Park Ordinance are met. Permitted Uses Mobile Homes on lease or rental lots in Mobile Home Parks Recreation building Building containing Laundry Facilities Permitted Accessory Uses Awnings, cabanas, utility sheds, carports, windbreaks, prochesI or similar type uses. All accessory uses and structures shall be considered to be part of the mobile home. Special Exceptions Retail and Personal Service Stores, provided that: 1) The mobile home park has forty (40) or more mobile homes. 2) Such uses are conducted for the convenience of occupants of the mobile home park, and 3) No signs or displays are visible from any street indicating such use. Dimensional Requirements Minimum Site Size: Five (5) acres Minimum Lot Size: None -72- 1011 Minimum Spacing Requirements: 1. All mobile homes should be located at least twenty-five (25) feet from any mobile home park property boundary line abutting upon a public street or h*ghway, and at least twenty (20) feet from any other property boundary. 2. There shall be a minimum distance of twenty (20) feet between the mobile home stand and any abutting mobile home park street. 3. Mobile homes shall be separated from each other and from other buildings and structures by at least twenty (20) feet, provided that mobile homes placed end -to -and may have a clearance of twenty (20) feet where opposing rear walls are staggered. Off -Street Parking: Two (2) off-street parking spaces shall be provided for each mobile home. Signs: The following sign types are permitted in the MH-lA District provided the requirements of the Edgewater Ordinance are met: Construction Development Directory Real Estate Subdivision 7 3 - a46L' MH-2 MOBILE HOME SUBDIVISION DISTRICT Statement of Intent: The MH-2 Mobile Home Subdivision District is intended to apply to areas to be used for mobile home subdivisions. All land areas which were platted and recorded subdivisions prior to the areas rezoning as a MH-2 District, must only comply with the regulations listed below prior to the sale of any lots for the placement of a mobile home. Any area that is zoned as an MH-2 District and will be a newly platted and recorded mobile home subdivision must comply with the NH-2 District regulations and the requirements of the City's Subdivision Ordinance prior to the sale of any lots for the placement of a mobile home subdivision must comply with the MH-2 District regulations and the requirements of the City's Subdivision Ordinance prior to the sale of any lots for the placement of a mobile home. Permitted Uses: Mobile Home Subdivisions for the placement of a mobile home on indivudually owned lots, public parks, play- grounds, playfields, recreation buildings and facilities owned and operated by federal, state, county, or municipal government. Permitted Accessory Uses: Awnings, cabanas, utility sheds, carports, windbreaks, --- porches, or similar type uses. All accessory uses and structures shall be considered to be part of the dwelling unit. Special Exceptions: None Dimensional Requirements: Minimum Site Size: 10 acres Minimum Lot Size Lot area 5,500 sq. ft. Lot width 50 feet Lot length 110 feet Minimum Living Area: 600 sq. ft. excluding accessory structures Maximum Height: 25 feet from ground level -74- aq4 Perimeter Enclosure Requirement: The perimeter of the area between the ground and floor level of the mobile home shall be enclosed with skirting. Off -Street Parking: Two (2) off-street parking spaces shall be provided for each mobile home. Signs: Signs shall be prohibited in the MH-2 Mobile Home sub- division District. Application for Rezoning: An application for rezoning to a MH-2 classification shall be accompanied with an outline development plan in general, schematic form. The following information must be shown or explained on the plan: 1) Area included for rezoning and dimension of project boundaries. 2) Adjoining land uses and zoning classifications. 3) Proposed adjoining land uses as shown on the Edgewater Land Use Plan. 4) Existing and proposed land uses on the project site. 5) A general lot and street layout. 6) Approximate density of population and mobile homes. 7) General indications of common open space areas and their use. The Planning and Zoning Board shall review the outline deve- lopment planand recommend within (30) days that the rezoning be approved or disapproved. After the City Council receives the Planning and Zoning Board recommendation, the City Council shall schedule a Public Hearing. If, after the Public Hearing, the City Council approves the outline development plan, the Zoning Map shall be amended to show the MH-2 District. After the rezoning has been granted and prior to the issuance of a building permit, the developer must prepare a site plan. 010 Site Plan Requirement: Prior to the issuance of a building permit, four copies of a site plan must be submitted to and approved by the Planning Board for all MH-2 zoned land. The site plan shall be drawn at a scale no smaller than V-100' shall be in substantial compliance with the out- line development plan and shall show the following information: 1. Title, date, north arrow, graphic scale, name of property owner, engineer and/or land planner. 2. Names of adjoining subdivisions. 3. Lot lines, lot dimensions, lot square footage and lot and block numbers. 4. Improvements and design standards as required in Article VII (a) and IX of the Edgewater Subdivision Ordinances. S. Any deed restrictions that will apply to the development. Planning Board Review and Approval: 1. The Planning and Zoning Board shall have forty C40) days from the date that the site plan was an agenda item in which to act on the plan. 2. Before acting on the plan the Planning and Zoning Board may request written reports from the City Manager, City Council, County Health Department, Chief Building Official, Superintendent of Schools, and such other public officials or agencies. 3. The Planning and Zoning Board shall review the written reports and the site plan to determine conformity with the Edgewater Land Use Plan and these regulations. 4. Upon completing its review, the Planning and Zoning Board shall approve, subject to conditions or dis- approve the site plan. The reasons for such action shall be stated in writing and reference shall be made to the specific requirements with which the site plan does not comply. The subdivider shall be notified by registered mail and may prepare another site plan that will meet the Planning and Zoning Board's condition and/or requirements. This site plan shall be submitted and approved according to the procedures outlined above. 76- W�1' Performance Bond or Improvements to be Installed: Approval of the Development Plan shall not be construed as authority for the sale of lots. Plan approval shall only authorize the subdivider to exercise either one of the following options: 1y Prepare construction plans and specifications for all required improvements which shall meet with the approval of the City Manager. After receiving written approval from the City Manager a start - work notice shall be issued by the Chief Building Official whereupon the subdivider is allowed to install all required improvements, including land- fill in accordance with the approved plans and specifications, or 2) Prepare construction plans and specifications for all required improvements which shall meet the approval of the City Manager and provide a,,per- formance bond acceptable to the City in the amount of (110%) of the construction costs, including landfill as estimated by the City Manager to guarantee the installation of the required improvements. If option 1 is selected, no lots may be sold until all of ithe required improvements have been installed by the sub- divider. The Chief Building Official shall make periodic site inspections and file a written report with the City Manager when the required improvements have been installed. If option 2 is selected, the sale of lots may be consumated after the performance bond has been posted in a manner that is satisfactory to the City. Occupancy Permits: An occupancy permit shall be issued only after all improve- ments have been installed and each mobile home has been connected into the utility system. -77- 164, B-1 CENTRAL BUSINESS DISTRICT Intent: The Central Business District forms the metropolitian center for commercial, financial, professional, govern- mental and cultural activities. The Central Business District is intended to protect and improve the central business district for the performance of its primary functions and to discourage uses not requiring a central location which would create friction in the efficient performance of primary functions which must be centralized. Permitted Uses: Advertising Companies Appliance Repair Shops Bakeries, non -manufacturing Barber and Beauty Shops Business or Stenographic Schools and any similar office type use Charm and Photographic Snndios Communication Facilities, such as Radio, Television, Telephone Fi Tele-raph Buildings Dancing Delicatessens Drug Stores $ Pharmacies Dry Cleaning Establishments Florists Government Buildings B Offices Grocery Stores Hardware Stores Income Tax Services Jewelry Stores Laboratories Laundries, including self-service Men's and Women's Figure Salons Music Newspaper Offices F, Printing Shops Office Fi Household Equipment Sales Pool Rooms Professional Offices, including Accountants, Architects, Consultants, Dental, Engineer, Financial, Insurance Lawyers, Medical and Stockbrokers Quick -Service Food Stores Real Estate Brokers Restaurants, Type "A" Liquor Stores & Package Store -78- 00 o �3 Retail Stores Shoe Repair Shops Studios of Art Tailor Shops Taxi -Cab and Bus Stands and Terminals Title and Abstract Companies Travel Agencies Residential Permitted Accessory Uses: All those uses customarily associated with the permitted principal uses. Special Exceptions: Unclassified business should apply to the City Zoning and Planning Board for approval. Dimensional Requirements: Minimum Lot Size: Area None Depth None Width SO feet Minimum Yard Size: Front yard None Side yard None Rear yard 20 feet Maximum Building Height: Five (5) Stories Maximum Building Coverage: None See Ord. 922 and Ord. 925 -79- b60 Off -Street Parking: Off street parking is required Signs: The following, sign types are permitted in the B-1 District provided they meet the requirements of the Edgewater Sign Ordinance. Advertising Construction Development Directory Shingle Occupant Identification Political Professional Real Estate 80- ,`p c. APPLICATION FOR REZONING An application for rezoning to a B-1 Central Business District; B-2 Neighborhood Business District; B-3 Highway Service District shall be accompanied with an outline development plan in general schematic form. The following information must be shown or explained on the plan: 1. Area included for rezoning and dimensions of project boundaries. 2. Adjoining land uses and existing zoning classifications. 3. Proposed adjoining land uses as shown on the Edgewater Land Use Plan. 4. Existing and proposed land uses on the project site. S. The approximate location of buildings and off- street parking lots. 6. Generally indicate the off-street parking and loading space. 7. The character of buildings and approximate gross floor area. 8. General locations of open areas and their treatment. The Planning and Zoning Board shall review the outline develop- ment plan and recommend within thirty (30) days that the reznning be approved or disapproved. After the City Council reviews the Planning and Zoning Board's recommendation the City Council shall schedule a public hearing. If, after the public hearing, the City Council approves the rezoning the zoning map shall be amended to show the B-1 Central Business District; B-2 Neighborhood Business District; B-3 Highway Service District. After the rezoning has been granted and prior to the issuance of a building permit, the developer must prepare a site plan. SITE PLAN APPROVAL After the site plan has been approved by the Planning and Zoning Board and City Manager, the Chief Building Official is authorized to issue a building permit. _81_ q� B-2 NEIGHBORHOOD BUSINESS DISTRICT Intent: The Neighborhood Business District is intended to pro- vide goods and services for the frequent needs of resi- dents, and to assure that the operation of neighborhood businesses are not detrimental to adjoining residential uses. Permitted Uses: Appliance f, Repair Shops Bakeries, non -manufacturing Barber and Beauty Shops Communication Facilities: Buildings for Radio, Television, Telephone $ Telegraph Drug Stores and Pharmacies Dry Cleaning Establishments Florists Government Buildings & Offices Grocery Stores Hardware Stores Income Tax Services Jewelry Stores Laundries, including self-service Lending Agencies Men's & Women's Figure Salons Newspaper Offices $ Printing Shops Office & Household Equipment Sales Pool Rooms Professional Offices, including Accountants, Architects, Consultants Dentists, Engineers, Financial, Insurance, Lawyers, Medical $ Stockbrokers Quick Service Food Stores Real Estate Brokers Restaurants, Type "A" Retail Stores Shoe Repair Shops Taxicab F, Bus Stands & Terminals Travel Agents See Ord. 922 Residential -82- y�yp Permitted Accessory Uses: Any accessory use customarily incidental to a permitted principal use. Special Exceptions: Unclassified business should apply to City Zoning and Planning Board for approval. Dimensional Requirements: Minimum Lot Size: Area None Depth None Width 50 feet Minimum Yard Size: Front Yard: 40 feet, the first 10 feet of the front yard shall not be used for off-street parking. Instead, this space shall be developed for grass or landscaping and shall not be used for any other pur- pose except for the necessary entrances and exits, drives,and walks. Side Yard: None, except on a corner lot or where the lot abuts a residentially zoned lot. In such instances, the side yard shall be 20 feet. Rear Yard: 20 feet. Maximum Building Height: 35 feet or three (3) stories. Maximum Building Coverage: On any lot the total area covered with buildings when including accessory buildings, shall not exceed thirty percent (301) of the total area of the lot. _g3_ 14gp Buffers: Along any side or rear lot line which abuts a residentially zoned lot, an appropriate buffer shall be constructed as defined in Article II, page 4. Off -Street Parking and Loading: Off-street parking and loading space shall be provided as required in Article VII, Section 700.01. Off- street parking and loading areas shall not extend into or occupy any required yard area. Signs: The following sign types are permitted in the Neighborhood Business District provided they meet the requirements of the Edgewater Sign Ordinance. Advertising Construction Development Directory Occupant Identification Political Professional Real Estate Shingle -84- 4�60 APPLICATION FOR REZONING An application for rezoning to a B-1 Central Business District; B-2 Neighborhood Business District; B-3 Highway Service District shall be accompanied with an outline development plan in general, schematic form. The following information must be shown or explained on the plan: 1. Area included for rezoning and dimensions of project boundaries. 2. Adjoining land uses and existing zoning class- ifications. 3. Proposed adjoining land uses as shown on the Edgewater Land Use Plan. 4. Existing and proposed land uses on the project site. 5. The approximate location of buildings and off- street parking lots. 6. Generally indicate the off-street parking and loading space. 7. The character of buildings and approximate gross floor area. 8. General locations of open areas and their treatment. The Planning Board shall review the outline development plan and recommend within thirty (30) days that the re- zoning be approved or disapproved. After the City Council reviews the Planning Board's recommendation the City Council shall schedule a public hearing. If, after the public hearing, the City Council approves the rezoning the zoning map shall be amended to show the B-1 Central Business District; B-2 Neighborhood Business District; B-3 Highway Service District. After the rezoning has been granted and prior to the issuance of a building permit, the developer must prepare a site plan. SITE PLAN APPROVAL After the site plan has been approved by the Planning Board and City Manager, the Chief Building Official is authorized to issue a building permit. -85- keb0 B-3 HIGHWAY SERVICE BUSINESS DISTRICT Intent: The Highway Service Business District is intended for application along highways carrying large volumes of traffic, where establishments may locate to serve large sections of the City and the persons traveling in vehicles. Permitted Uses: Archery Range, Bowling Alley, Boxing or Sports Arena, Golf Driving Range, Miniature or Par 3 Colf Course, Skating Rinks Armory Bakeries Banks Boat, Motor $ Boat Trailer Sales and Service Bus Stations Car Washes Carpet $ Rug Cleaning Churches Fruit Stands Funeral Homes Furniture Showrooms Gasoline Service Stations, Type A,B,$C Greenhouses F, Nurseries Grocery Stores Income Tax Services Laundry P Dry Cleaning Establishments Lending Agencies Liquor Stores Lodges Minor Service Stations Mobile Home Sales Motels, Tourist Courts Moving & Storage Companies Pest Control Agencies Printing Shops Professional Offices, including Accountants, Architects, Consultants, Dentists, Engineers, Finanaial, Insurance, Lawyers, Medical $ Stockbrokers Drive -In Theaters -86- 0 Radio, Television and Phonograph Repair Real Estate Brokers Restaurants, Types A.B.$ C Retail $ Wholesale Parts Sales Retail Plumbing and Electrical Fixtures Sharpening and Grinding Shops Taverns Taxi -Cab Stands Tire & Battery Service Travel Agencies Miniature Golf Courses See Ord. 922 Residential Permitted Accessory Uses: Customary accessory uses and structures associated with the principal uses excluding open storage. Special Exceptions: Outdoor display, storage, or sale of vehicles or other equipment or material provided that in the interest of safety to children and adjacent property, outdoor storage areas will be encompassed by a fence or wall at least six (6) feet high; the bottom four feet being solid and the top two feet being open. Operative automobiles and mobile homes for sale shall be exempt from this require- ment. Dimensional Requirements: Minimum Yard Size: Front Yard: 40 feet Side Yard: 20 feet except buildings under single ownership where one parcel may abut anbther and be joined by a common wall Rear Yard: 20 feet Maximum Building Height: 35 feet Maximum Building Coverage: The total area covered with buildings shall not exceed thirty percent (30t) of the total lot area. C 'Z) Buffers: Along any side or rear lot line which abuts a resi- dentially zoned lot, an appropriate buffer shall be constructed as defined in Article II, page 4. Off -Street Parking and Loading: Off-street parking and loading shall be provided as required in Article VII, Section 700.01. Signs: The following sign types are permitted in the high- way service business district provided they meet the requirements of the Edgewater Sign Ordinance. Advertising Construction Development Directory Shingle Occupant Identification Political Professional Real Estate -88- %41 o APPLICATION FOR REZONING An application for rezoning to a B-1 Central Business District; B-2 Neighborhood Business District; B-3 High- way Service District shall be accompanied with an out- line development plan in general, schematic form. The following information must be shown or explained on the plan: 1. Area included for rezoning and dimensions of project boundaries 2. Adjoining land uses and existing zoning classi- fications. 3. Proposed adjoining land uses as shown on the Edgewater Land Use Plan. 4. Existing and proposed land uses on the project site. 8. The approximate location of buildings and off- street parking lots. 6. Generally indicate the off-street parking and loading space. 7. The character of buildings and approkimate gross floor area. 8. General locations of open areas and their treat- ment. The Planning and Zoning Board shall review the outline development plan and recommend within thirty (30) days that the rezoning be approved or disapproved. After the City Council reviews the Planning and Zoning Board's recommendation the City Council shall schedule a public hearing. If, after the public hearing, the City Council approves the rezoning the zoning map shall be amended to show the B-1 Central Business District; B-2 Neighbor- hood Business District; B-3 Highway Service District. After the rezoning has been granted and prior to the issuance of a building permit, the developer must prepare a site plan. SITE PLAN APPROVAL After the site plan has been approved by the Planning and Zoning Board and City Manager, the Chief Building Official is authorized to issue a building permit. -89- 'ou B-4 TOURIST COMMERCIAL DISTRICT Intent: The Tourist Commercial District is intended primarily for uses which provide accomodations for people who need accomodations while visiting or vacationing in Edgewater, Florida. Permitted Uses: Boat launching area Hotels Motels Churches Parking Lots Parking Garages Fish Camps See Ord. 922 Residential Accessory Uses: All those uses customarily associated with the permitted principal uses. Special Exceptions: Any hotel having establish within Restaurants, Gif Shops, Night Clu serve the guests from an interior fifty (50) or more guest units may the principal building Snack Bars, t Shops, Newsstands, Confectionary S and Bar designed to primarily of the hotel and accessible only court, lobby or corridor. Dimensional Requirements: Minimum Lot Size: Area 5,000 sq. ft. Depth 100 feet Width 50 feet Minimum Yard Size: Front Yard: 30 feet, where a lot abuts two or more streets, each yard shall be classed and provided as a front yard. -90- yy0 Side Yard Lots with a street frontage of 100 feet or less, the side yard shall be 25 feet plus three additional feet for each story over two stories. Lots with a street frontage of over 100 feet, the side yard shall be in- creased by 2.5 feet for each 25 feet of street frontage, plus three addi- tional feet for each story over two stories. In no event shall side yard be required to exceed (45) feet. Rear Yard: 25 feet, plus three (3) additional feet for each story over two (2) stories. Maximum Building Height: Eight (8) stories Maximum Building Coverage: The combined area occupied by all main and accessory buildings shall not exceed the percent given in the following table for various heights of buildings: One Story 50% Two Story 48% Three Story 46% Four Story 444 Five Story 421 Six Story 40% Seven Story 38% Eight Story 36% Minimum Floor Area: 500 sq. ft. for multi -family dwelling units 120 sq. ft. for each room in hotels and motels Buffers: Any side or rear lot lines that abut a residentially zoned lot shall have an appropriate buffer that will be constructed as defined in Article II, page 4. *see Fire Prevention Code C Off -Street Parking and Loading: Off-street parking and loading space shall be provided as required in Article VII, Section 700.01. Off-street parking areas may be located within ten feet of a side or front lot line provided the side of front yard is landscaped to screen the vehicles and 5% of the parking lot is landscaped. Signs: The following sign types are permitted in the Tourist Commercial District provided the requirements of the Edgewater Sign Ordinance are met. Construction Development Directory Occupant Identification Real Estate Landscaping: Open space and all land areas not otherwise developed shall be landscaped in a manner that enhances the appearance of the project. A 10 foot landscaped buffer strip shall be required along all front property lines, Application for Rezoning and Site Plan Approtal: Refer to Article VII Supplementary Regulations -92- 4160 o 0 B-5 PLANNED SHOPPING CENTER DISTRICT Intent: The B-5 Planned Shopping Center district is intended for the establishment of retail shopping facilities which will provide goods and services for the people to be served, minimize traffic congestion on thorough- fares and public streets in its vicinity, and shall conform to the policies of the Edgewater Land Use Map. Permitted Uses: Antique Shops Apparel Shops Auto Service Center Barber Shops Beauty Shops Book Stores Bowling Alleys Branch Banks Camera -Supply Shops Department Stores Drug Stores Dry Cleaning Establishments (limited only to pick-up stations) Eating and Drinking Establishments (not including drive-in or window service type establishments) Fabric Shops (retail only) Financial Institutions Florist Shops Furniture and Appliances Garden Supplies and Equipment Stores Gift Stores Hobby Stores Liquor Stores Laundries (coin operated) Medical and Dental Clinics Music Supply Stores Office Supplies and Business Machines Night Clubs Paint Stores Pastry Stores Professional Offices, including Accountants, Architects, Consultants, Dentists, Engineers, Financial, Insurance Lawyers, Medical P, Stockbrokers 0 0 Retail Stores Shoe Stores Shoe Repair Shpps Sporting Goods Stores Stamp Redemption Center Stationary Shops Supermarkets Travel Agencies Residential See Ord. 922 Permitted Accessory Uses: Any accessory use customarily accessory to permitted uses, however, the storage, sales, service, and dis- See Ord. 939 play outside of buildings shall not be permitted. Special Exceptions: Theaters are permitted as a special exception provided: 1. Off-street parking requirements of this Ordinance are met. 2. There is a minimum seating capacity for 300 people. 3. The proposed theater will not be detrimental to property in the immediate vicinity or to the com- munity as a whmle. Dimensional Requirements: Minimum Site Size: 2 acres Building Location: No building shall be located within 50 feet of any property line abutting a public right-of-way and 25 feet to any other property line. Buffer Strips: A buffer strip of at least 25 feet shall be provided along any property line which abuts residential property. All buffers shall be landscaped and such landscaping shall be shown on the required site plan. Off -Street Parking: Off-street parking spaces shall be provided at a rate of S.5 parking spaces per 1000 sq. ft. of gross leasable floor area. -94- Wvp C C Entrance Drives: Entrance drives into and out of a shopping center must be separated from major street intersections by a mini- mum distance of 100 feet. Entrance drives shall also provide an easy and efficient means of access to the site. Along collector and arterial public streets as delineated on the Edgewater Future Land Use Plan, left and right turn deacceleration lanes may be required with length and width as appropriate to the flow of traffic. Whether required or provided voluntarily, such deacceleration lanes maybe included as part of the required buffer strip adjacent to such collector or arterial street; except no such lane or entrance or exit shall extend through any part of a buffer strip adjacent to a required residential front or side yard. Signs: The following sign types are permitted in the Planned Shopping Center District provided the requirements of the Edgewater Ordinance are met: Advertisement Construction Development Directory Occupant Identification Political Professional Real Estate Application for Rezoning: An application for rezoning to a B-5 Classification shall be accompanied with an outline development plan in general, schematic form. The following information must be shown or explained on the plan: 1. Area included for rezoning and dimensions of project boundaries. Adjoining land uses and zoning classifications. 9 5 - C6%0 C 3. Proposed adjoining land uses as shown on the Edgewater Land Use Plan. 4. Existing and proposed land uses on the project site. S. The approximate location of buildings and off- street parking lots. 6. The character of buildings and approximate density of population and buildings. 7. General location of buffer strips. The Planning and Zoning Board shall review the outline development plan and recommend within (30) days that the rezoning be approved or disapproved. After the City Council receives the Planning and Zoning Board's recom- mendation, the City Council shall schedule a public hearing. If, after the public hearing, the City Council approves the outline development plan, the zoning map shall be amended to show the B-5 District. After the rezoning has been granted and prior to the issuance of a building permit the developer must prepare a site plan. Site Plan Approval: Refer to Article VII Supplementary Regulations (Section 71S.02) _96_ u.bG 0 0 B-6 MEDICAL -PROFESSIONAL DISTRICT Intent: The Medical -Professional District is intended to provide an area where medical and professional uses may be grouped together for purposes of convenience and operating under high standards as to location and appearance of buildings and the treatment of the land in which the district occurs. Permitted Uses: Hospital, but not including animal hospitals Laboratories, biological, dental, medical, optical and x-ray, but not including the manufacturing of pharmaceuticals for distribution or sale Prescription Pharmacies Professional offices of accounting, architecture, brokerage, insurance, law Professional offices of chiropractors, dentists, medical and dental clinics, opticians, optometrists, osteopaths, physicians, surgeons and other offices of similar nature Rest and Convalescent Homes Residential - See Ord. 922 Permitted Accessory Uses: Any accessory use customarily incidental to a permitted principal use. Special Exceptions: None Dimensional Requirements: Minimum Lot Size: Area 10,000 sq. ft. Width 7S feet Depth None Minimum Yard Size: Front yard 30 feet Side yard 10 feet Rear yard 25 feet Corner lots 30 feet from both streets -97- Poyo Maximum Building Height: 35 feet Maximum Building Coverage: On any lot the total area covered with buildings when including accessory buildings, shall not exceed thirty percent (30%) of the total lot area. Buffers: Along any side or rear lot line which abuts a residentially zoned lot, an appropriate buffer shall be constructed as provided in Article II, page S. Off -Street Parking and Loading Off-street parking and loading space shall be provided as required in Article VII, Section 700.01. Off-street parking and loading areas shall not extend into or occupy any required yard area. Signs: The following sign types are permitted in the B-6 district provided they meet the requirements of the Edgewater Ordinance. Advertising Construction Development Directory Occupant -Identification Political Professional Real Estate Shingle Site Plan Requirement and Application For Rezoning Refer to Article VII Supplementary Regulations. I-1 LIGHT INDUSTRIAL DISTRICT Intent: This district is intended primarily for light manu- facturing processing, storage, wholesaling, and dis- tribution. The regulations are intended to prevent frictions between uses within the district and also to protect nearby residential districts. Permitted Uses: Swimming pool (public and semi public) Skating rink Boat building, repair and sales Building material sales for buildings and yards Cold storage and freezer locker plants Contractor and construction offices and equip- ment storage Farm machinery, sales and service Food and beverage processing and distribution except the slaughter of animals Printing, engraving and publishing establishments Paint and body shops Open storage of noncombustible materials See Ord. 926 Accessory Uses: Any accessory use customarily incidental to a permitted principal use. Storage yards, provided such areas are enclosed by a fence at least six (6) feet high, which screens the storage yard from vision. Special Exceptions: Animal hospitals, provided no structures, Pens, kennels or boarding kennels are located closer than fifty (50) feet from any property line, provided that none of the above structures are located closer than five hundred (SOO) feet from any residential property line and further provided that open kennels are screened from view. Dimensional Requirements: Minimum Lot Size: Area None Depth None Width 75 feet -99- 10o v Minimum yard size: Front yard 25 feet; where a lot abuts on two or more streets each yard shall be classed and provided as a front yard. Side yard 10 feet, except where a lot abuts a residentially zoned lot. In such instance, the abutting side yard shall be at least 20 feet wide. Rear Yard 20 feet Maximum Building Height: None; all structures over thirty-five (35) feet in height shall be set back from all yard requirements by one foot for each foot over thirty-five (35) feet. Maximum Building Coverage: On any lot the total area covered with buildings when including accessory buildings shall not exceed forty-two percent (4Z%) of the total lot area. Buffers: Along any side or rear lot line which abuts a residentially zoned lot, an appropriate buffer shall be constructed as defined in Article II, page 4. Off -Street Parking and Loading: Off-street parking and loading shall be provided as required in Article VII, Section 700.01. Signs: The following sign types are permitted in the I-1 district provided they meet the requirements of the Edgewater Sign Ordinance. Advertising Construction Development Directory Occupant Identification Political Professional Real Estate Shingle 100- ��o I-2 HEAVY INDUSTRIAL DISTRICT Intent: The Heavy Industrial District is intended primarily for Heavy manufacturing and closely related uses. Permitted Uses: All uses permitted in the I-1 District. Manufacturing plants engaged in producing the following products: Concrete plants Containers.- glass, plastic, metal Construction - heavy equipment and supplies Firearms, excluding explosives Floor covering Food - cereal and grain, fruit and vegetable oil products, miscellaneous food products Glassware Hardware and related products Heating, air conditioning, and plumbing equipment and supplies Machinery of all types and machinery components Metal fabrication Paper products, excluding paper and pulp manufacturing Plastic and plastic products Textiles See Ord. 926 Kennels Accessory Use: Storage yards, provided that they are screened from vision by a six (6) foot fence or barrier. Special Exceptions: Animal hospitals, provided no structures, pens, kennels or boarding kennels are located closer than fifty (50) feet from any property line, provided that none of the above structures are located closer than five hundred (S00) feet from any residential property line and further provided that open kennels are screened from view. Paint Manufacturing plants shall be allowed only upon approval of the City Council. -101- �""o Dimensional Requirements: Minimum Lot Size: Area None Depth None Width None Minimum Yard Size: Front yard 25 feet, where a lot abuts on two or more streets each yard shall be classed and provided as a front yard. Side yard 10 feet, except where the lot abuts a residentially zoned lot. In such an instance, the abutting side yard shall be at least twenty (20) feet wide. Rear yard 20 feet. Maximum Building Height: None, all structures over thirty-five (35) feet in height shall be set back from all yard requirements by one foot for each foot over thirty-five (35) feet. Maximum Building Coverage: On any lot the total area covered with buildings including accessory buildings shall not exceed forty-two percent (42%) of the total lot area. Buffers: Along any side or rear lot line which abuts a residentially zoned lot, an appropriate buffer shall be constructed as defined in Article II, page 4. Off -Street Parking and Loading: Off-street parking and loading shall be provided as required in Article VII, Section 700.01. -102- '�'4 C 0 Signs: The following sign types are permitted in the I-2 District provided they meet the requirements of the Edgewater Sign Ordinance. Advertising Construction Development Directory Occupant Identification Political Professional Real Estate Shingle -103- 4, p O 3 I-3 INDUSTRIAL PARK DISTRICT Intent: The I-3 Industrial Park District is intended to provide attractive sites for planned industrial developments which are capable of being operated under high standards as to location and appearance of buildings. To preserve these districts for future development as industrial parks, residential or commercial, or other unrelated uses shall not be permitted. These regulations shall also be interpreted to exclude uses which will create hazardous, noxious, or offensive conditions to the industrial park and/or community. Permitted Uses: Aircraft - Oriented Industry Beverage Processing Plants Bottling and Canning Plants Electronic Equipment Manufacturing and Assembly Plants Manufacturing of products made from aluminum, brass bronze, copper, steel, shell, plastic, wood or other materials Printing Establishments Scientific and Medical Instruments Manufacturing Warehouses Office buildings for ancillary and professional services primarily oriented to the needs of the industrial activities in the industrial park such as biological laboratories or industrial clinics, offices and laboratories for con- sulting engineers, lawyers, and accountants; offices for computer and data processing centers; headquarters and laboratories of trade associations and insurance companies industrial instrument repair services; small job shop; See Ord. 926 photographic service, printing and duplicating services, and similar business services. Permitted Accessory Uses: Any accessory use customarily incidental to a permitted principal use. Special Exceptions: Storage of combustible materials only upon approval of City Council. -104- µWo Dimensional Requirements: Minimum Lot Size: Area 37,500.00 Depth 250 feet Width 150 feet Minimum Yard Size: Front yard 40 feet Side yard 20 feet Rear yard 20 feet Maximum Building Height: 45 feet Maximum Building Coverage: 50% Buffers: Along any side or rear lot line which abuts a residentially zoned lot, an appropriate buffer shall be constructed as defined in Article II, page 4. Off -Street Parking and Loading: Off-street parking and loading space shall be provided as required in Article VII, Section700.01. Signs: The following sign types are permitted in the I-3 district provided they meet the requirements of the Edgewater Sign Ordinance. Advertising Construction Development Directory Occupant Identification Professional Real Estate Shingle Site Plan Requirements and Applicationfor Rezoning Refer to Article VII Supplementary Regulations -105 %p ARTICLE VII SUPPLEMENTARY REGULATIONS In addition to the regulations indicated for individual districts, the regulations below shall apply in groups of districts or generally in all districts: Section 700.00 Off -Street ParkinR and Loading Requirements Off-street parking and loading areas are required in all districts. Sufficient off-street parking and loading areas shall be provided to accomplish the principals set forth in this ordinance and to meet the off-street parking and loading demands generated by residents, employees, company officials, company vehicles and customers. Required off-street parking and loading spaces shall be located on the lot on which the principal use is located except as provided in this section. Each application for a building permit, zoning permit, special exception, or variance shall include plans for at least the minimum number of off. -street parking and loading spaces as herein required. Plans shall include information as to location and dimensions of off-street parking and loading spaces and the means of access to the spaces. The Enforcement Official shall not authorize the issuance of any permit until he determines that the requirements of this section are met in the plans. 700.01 Required Off -Street Parking: In order to provide adequate `area -for drives, access lanes, vehicle turning and backing movements, and parking stalls, a total of 400 square feet of parking area shall be allowed for each required parking space. For the purpose of this Ordinance, any off-street parking shall have a minimum dimension of ten (10) by twenty (20) feet. Spaces required for one use may not be assigned to another use except that one-half of the parking spaces required for churches, theaters, or other places of assembly whose peak atten- dance will be at night or on Sundays may be assigned to a use which will be closed at night and on Sundays. -106- a%q 0 6W If required off-street parking space cannot reasonably be provided on the same lot, where the principal building or use is located, such required parking space may be located on other than land within two hundred (200) feet of the principal building or use, provided the land is under the same ownership or long-term lease. All off-street parking including entrances, exits and manuevering and parking areas shall: 1. have access to a street or alley with a mini- mum width of nine (9) feet for access way serving residential uses and a minimum width of twelve (12) feet for double access ways and twenty (20) feet for single access ways serving multi -family or non-residential areas. 2. be graded 3. be permanently maintained by the owner. The minimum number of required spaces shall be determined from the following table. In addition a developer should evaluate his own needs to determine if they are greater than the minimum specified in this Ordinance. Single -Family Dwellings Duplex and Multi -Family Rooming Houses, Boarding Houses, Motels and Hotels Tourist Homes Home Occupatinns: Doctors P, Dentists Beauty Shops Other Two (2) parking spaces per dwelling unit. One space permitted in driveway. One and one-half (1.5) parking spaces on the same lot for each dwelling unit. One (1) parking space for each bedroom or unit rented plus one (1) space for each two (2) employees. Five (5)parking spaces in addition to residence requirements. Three (3) parking spaces in addi- tion to residence requirements. One(1) parking space in addition to residence requirements. -107- �%o G C Churches, Theaters, Audi- One (1) parking space for each toriums, Funeral Homes four (4) seats in the principal and other places of place of assembly. assembly not listed Schools: Space should be calculated for the maximum staff and students for which building was designed. Day Nursery, Kinder- One (1) space for each staff mem- garten, Elementary, ber and employee and one (1) and Junior High space for every twenty-five (25) students. Senior High $ College One (1) parking space for each staff member and employee plus nne (1) parking space for each five (S) students. Marinas One (1) parking space for each boat slip plus four (4) boat -trailer parking spaces for each twenty-five boat slips. Ball Park of Stadium One (1) parking space for each four (4) seats for spectators. Clubs, such as Country One (1) parking space for each Clubs, Tennis Clubs, two (2) members. Swim Clubs or Social Clubs Golf Course Four (4) parking spaces each hole. Hospitals, Nursing and One (1) parking space for each Rest Homes employee on the largest shift plus one (1) parking space for each two (2) beds. Library One (1) parking space for each 400 square feet of gross floor area. Office Buildings, Bdnks One (1) parking space for each and Similar Institutions 200 square feet of gross floor area - Medical Offices, Clinics Five (5) parking spaces for each and Laboratories doctor, dentist or other practicing professional plus one (1) parking space for each employee. -108 - 14 n Retail business and service One (1) parking space for each establishments 200 square feet of gross floor area, plus one (1) parking space for each company vehicle. Shopping Centers Five and one-half (5.5) parking spaces each 1000 square feet of gross floor area. Automobile Service, Repair One (1) parking space for each and/or Gas Stations gas pump plus three (3) parking spaces for each grease rack or other working bay. Auto Sales Four (4) parking spaces for each maintenance stall plus adequate parking spaces to accomodate all new and used retail units and customer parking generated by retail sales. Restaurants One (1) parking space for each three (3) seats, plus one (1) parking space for each two (2) employees on the largest shift. Pool Halls and Billiard Parlors Two (2) parking spaces for eachtable. Bowling Alleys Three (3) spaces for each alley plus one (1) parking space for each two (2) employees. Manufacturing Industries One (1) parking space for each employee on the largest shift plus one (1) parking space for each company vehicle. Additional reserved parking spaces shall be provided for visitors equal to five percent (5%) of the em- ployee parking spaces when there are forty (40) or more employees. Wholesale, Retail and One (1) parking space for each Commercial Storage employee plus one (1) parking space for each company vehicle stored at the site. -1no '6'�P 700.02 Required Off -Street Loading: Every building or structure used for business, trade or industry hereafter erected shall provide space as indicated herein for the loading and unloading of vehicles off the street or public alley. Such space shall have access to an alley or, if there is no alley, to a street. For the purpose of this Ordinance, any off-street loading space shall have a minimum dimension of twelve (12) feet by forty (40) feet and an overhead clearance of fourteen (14) feet in height above the alley or street grade. (a) For each retail and service establishment, restaurant, funeral home, laundry, dry cleaning establishment market, industrial or wholesale establishment, storage warehouse or similar use, loading space shall be provided in accordance with the following schedule: Number of Building Floor Area Off -Street Loading Spaces from 5,000 sq.ft. to 24,999sq.ft. One (1) space from 25,000 sq.ft. to 59,999 sq.ft. Two (2) spaces from 60,000 sq.ft. to 119,999sq.ft. Three (3) spaces from 120,000 sq.ft. to 199, 999sq.ft. Four (4) spaces from 200,000 sq.ft. to 289,999 sq.ft. Five (5) spaces plus for each 90,000 sq.ft. in excess of 290,000 sq. ft. or fraction thereof One (1) additional space (b) For each auditorium, convention center or hall, exhibition hall, museum, motel, hotel, office building, sports arena, stadium, hospital, sanitarium or similar use, off-street loading space shall be provided in accordaince with the following schedule: Building Floor Area from 10,000 sq.ft. to 40,000 sq.ft plus for each additional 60,000 sq.ft. over 40,000 sq.ft. or fraction thereof Number of Off -Street Loading Spaces One (1) space One (1) space -110- %41 C Q Section 701.00 Signs 701.01 Prohibited Si ns and Si n Li hts: e o owing signs are pro i ite in a 1 zoning districts within Edgewater, Florida (a) Any sign that is attached, painted or placed onto a parked vehicle primarily for the purpose of roadside advertising. (b) Any sign, except political signs, that is attached or placed on trees, shrubbery, vines or upon any part of a building except where such building is contiguous to the street or side- walk in which case, the said sign may be affixed to the building. (c) Any sign that is painted, posted, nailed or tacked to the wall of a building or any structure part thereof. (d) Banner signs. (e) Billboards. (f) Roof Signs on one or two story buildings and structures. (g) Sandwich Signs. (h) Snipe signs, including pennants, non -patriotic flags and wind -operated devices. (i) Beacon Lights. (j) Moving or traveling lights. 701.02 Signs Permitted by Zoning Districts: iS gns permttte�in eac zon ng is r cr are shown on the sign schedule which follows: Refer to the Edgewater Sign Ordinance for specific sign require- ments, regulations and provisions. Section 702.00 Boat Houses The following regulations shall apply to boat houses in all the R-1, R-2, R-3, R-4 and R-5 districts. 7o 2boaH�eiBoat Houses: Nougs faail a erected a recite or altered to a height exceeding fifteen (15) feet from mean high water. 111- %1011 v 702.02 Boat House Setback: 0 boat house s a e utlt less than five (5) feet from the established bulkhead line or less than ten (10) feet from any side lot line. If no bulk- head line is established, then the mean high tide watermark shall be used as the line of measurement. 702.03 Accessor Buildin Attached to Boat House: o accessory ui ing Rich isttaChdd to a boat house 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. 702.04 Detached Accessoryy Building to Boathouse: de a accessory utTding to a oa ouse is prohibited in the R-1, R-2, R-3, R-4, and R-5 Resi- dential Districts. 702.05 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 Q40)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. Section 703.00 Boat Docks and Slips: Boat docks and slips for mooring pleasure boats, yachts and non-commercial watercraft shall be permitted in any residential district as an accessory use to the resi- dential use. No dock shall project more than (20%) percent of the width of the waterway into any waterway beyond the bulk- head line, nor extend closer than 10 feet to the lot line of any other residentially zoned property. If no bulkhead line is established, then the mean high water mark shall be used as the line of measurement. -112- b461 C O Section 704.00 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. Section 705.00 Visibility at Intersections in Residential Districts: On a corner lot in any residential district, nothing shall be erected, placed, planted, or allowed to grow in such a manner as materially to impede vision between a height of two and a half and ten feet above the centerline grades of the intersecting streets in the area bounded by the street lines of such corner lots and a line joining points along said street lines fifty (50) feet from the point of the intersection. Section 706.00 Fences, Walls and Fledges: Notwithstanding other provisions of this Ordinance, fences, walls, and hedges may be permitted in any required yard, See Ord. 924 or along the edge of any yard, provided that no fence, wall or hedge along the sides or front edge of any front yard shall be over three feet in height. Section 707.00 Accessory Buildines: No accessory building shall be erected in any required yard and no detached accessory building shall be erected within five (5) feet of any other building. Section 708.00 Erection of More than One Principal Structure on a Lot: In any district, more than one structure housing a permitted or permitted principal use may be erected on a single lot, provided that yard and other requirements of this Ordinance shall be met for each structure as though it were on an individual lot. 0 -113- 10 n Section 709.00 Exceptions to Height Regulations: The height limitations contained in the Schedule of District Regulations do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys or other appurtenances usually required to be placed above the roof level and not intended for human occupancy. Section 710.00 Structures to Have Access: Every building hereafter erected or moved shall be on a lot adjacent to a public street, or with access to an approved street, and all structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection, and required off-street parking. Section 711.00 Parking, Storage or Use of Major Recreational Equipment: See City of Edgewater Ordinance No. Section 712.00 Parking and Storage of. Certain Vehicdes: Automotive vehicles or trailers of any kind or type without current license plates shall not be parked or stored on any residentially zoned property other than in completely en- closed buildings. In residentially zoned districts, trucks or commercial vehicles shall not be parked on private property except as follows: (a) A commercial vehicle not over one (1) ton rated capacity may be parked on a lot whose principal use is residential and where the commercial vehicle is used by a resident of the premises. (b) A commercial vehicle of not over 1.5 tons rated capacity may be parked in an enclosed garage on a lot whose principal use is residential and where the commercial vehicle is used by a resident of the premises. See Fire Prevention Code of the City of Edgewater. -114- 10C' (c) Permitted non-residential uses may utilize and park on their premises such commercial or other vehicles as may be necessary and customary for such uses, but this provision shall not be construed to permit the parking of school buses utilized by private or parochial schools on lots occupied by such schools. Section 713.00 Service Stations: The following regulations shall apply to Type A, B and C Service Stations in whatever district they are permitted: 713.01 No public street, parking, sidewalk or alley s a e used for the storage or parking of motor vehicles in connection with the activities of Type A, B and C Service Stations, except for normal permitted parking by individuals, private owners or operators of such vehicles 713.02 No operation in connection with type A, B an Service Stations shall be conducted in a manner which impedes free flow of vehicular or pedestrian traffic using public ways. 713.03 All motor vehicles being handled, stored, Fr repaired by Type A,B, or C Service Stations or in connection with such operations shall be main- tained in such condition that they may be moved under their own power at any time, except such vehicles as may be stored or under repair in garage or other buildings as provided below. 713.04 No repair of motor vehicles or parts thereof s 'ae made except within a structure provided for such purpose and no storage of motor vehicle parts shall be other than in an enclosed building. 713.05 No permit shall be issued for the erection or a garage for storage of more than five (5) motor vehicles or for any portion of any lot or plot which is within two hundred (200) feet of any portion of any lot on which is located a school, a church, a theater or auditorium, a public library, a hospital or a sanitarium. 713.06 A Type A,B, or C Service Station lot shall be not ess than one hundred (100) feet in width and 8,000 square feet in area. -115 - Q,460 713.07 There shall be a minimum distance of 750 e�etween the nearest points on any two lots occupied or to be occupied for Type A, B or C Service Stations, This requirement shall not apply in B-3 Highway Commercial Districts. 713.08 Gasoline pumps shall be located not less f aFi`n-Twelve (12) feet from any street right-of- way line and not less than ten (10) feet from any property line. Where a gas pump is located within twenty-five (25) feet of the street right- of-way line there shall be an installed curb of not less than six (6) inches high along the street right-of-way line between the entrance drives. 713.09 No building or gasoline pump shall be located within twenty-five (25) feet of any property which is residentially zoned. 713.10 A buffer shall be installed along all property lines, other than the street right-of- way lines, around type A, B, and C Service Stations according to Section II. Section 714.00 Storage on Residential Property: No lot which is zoned for a residential purpose shall be used for the storage of building materials or construction equipment except when incidental to a construction operation for which a building permit is in effect. Section 715.00 Application for Rezoning, Site Plan Approval, Amendments to Approved Site Plan and Enforcement: 715.01 Application for Rezoning. An application for re- zoning to any R-4, R-S, R-5a, R-6, B-1, B-2, 8-3, B-4, B-5, B-6, and I-1. I-2, I-3 zoning classifi- cations shall be accompanied with an outline development plan in general, schematic form. The following information must be shown or explained on the plan: 1. Area included for rezoning and dimensions of project boundaries. 2. Adjoining land uses and zoning classifications. 3. Proposed adjoining land uses as shown on the Edgewater Land Use Map. -116- - 4,60 4. Existing, and proposed land uses on the project site. S. The approximate location of building and off-street parking lots. 6. The character of buildings and approxi- mate density of population and buildings. 7. General indications of common open space areas and their use. The Planning and Zoning Board shall review the outline development plan and recommend within thirty (30) days that the rezoning be approved or disapproved. After the City Council receives the Planning and Zoning Board's recommendations, the City Council shall sche- dule a public hearing. If, after the public hearing, the City Council approves the outline development plan, the zoning map shall be amended to show the appropriate rezoning district. After the zoning has been granted and prior to the issuance of a building permit, the developer must prepare a site plan. 715.02 Site Plan Approval. Prior to the issuance o£ a u Ming permit, a site plan drawn at a scale no smaller than 1"-50' must be submitted to and approved by the Zoning and Planning Board and City for all R-4, R-5, R-SA, R-6, B-1, B-2, B-3, B-4, B-5, B-6, I-1, I-2, and I-3. The site plan shall be in substantial compliance with the concept of outline development plan and shall show the fol- lowing information. 1. Existing andproposed topography at a two foot contour interval. 2. Lot and project boundary dimensions. 3. Dimensions of all street systems, walks, entrance ways, and off-street parking areas. 4. The locations and dimensions of all buildings, structures and improvements. 5. Common open space areas and their treatment. 6. Drainage, landscaping and utility plans. 7. Elevation and perspective drawing dis- playing the typical building character. 8, Screened garbage collection area. -117 - 4"to C O 9. Any legal instruments, as an attachment, that are required under the Deed Covenants Section. After the site plan has been approved by the Zoning and Planning Board and City the Chief Building Official is authorized to issue a building permit. 715.03 Amendments to the Approved Site Plan. No ages may eT ma ee a ap{Fi prove site plan after a building permit has been issued except upon application to the appropriate agency under the procedures provided below: 1. Minor changes in the location, siting, and height of buildings and structures may be authorized by the Planning and Zoning Board if required by engineering or other circum- stances not foreseen at the time the site plan was approved. 2. All other changes in the use; any rearrangement of parking areas, buildings, lots, any changes in the provisions of common open spaces and all other amendments to the approved site plan must be made by the City Council. No amendment may be made in the approved site plan unless the changes are shown to be required by changes in conditions that have occurred since the site plan was approvedor by changes in the develop- ment policy of the community. 715.04 Enforcement. Following the issuance of a building permit, t e Chief Building Official shall be informed at each stage of construction at such times as inspections are made by any other depart- ment and shall inspect the project site to deter- mine if there are any variations between the approved site plan and actual construction. Any variations shall be brought immediately to the attention of the project supervisor, and if the variation is significantly different from the site plan, the Chief Building Official shall immediately stop construction, notify the City Council and direct the project supervisor to submit new plans, showing the variations and present the same to the City Council for approval before the construction can take place. The City Council may approve the variations or refer the same back to the Zoning and Planning Board for action. -118- 011 o Section 716.00 Zoning and Planning Board Recommendations An affirmative vote of not less than four (4) City members shall be required to adopt or amend an ordinance contrary to any decision or recommendation submitted by the Planning Board. -119- 4�p ARTICLE VIII ADMINISTRATION AND PENALTIES Section 800.00 Administraction: 800.01 Enforcement Official: An enforcement official ecesignate y the city ouncil shall administer and enforce this Ordinance. He may be provided with the assistance of such other persons as the City Council may direct. The City Council shall be the enforcement Official in lieu of the City Manager. 800.02 Violations: If the enforcement official shall ink _ tha an�o�7fhe provisions of this Ordinance are being violated, he shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. He shall order discon- tinuance of illegal use of land, buildings, or structures; removal of illegal buildings or structures or of illegal additions, alterations, or structural changes; discontinuance of illegal work being done; or shill take any other action authorized by this Ordinance, to ensure compliance with or to prevent violation of its provisions. 800.03 Buildin Permits Re uired: No building or of er s ructure s a e erecte , moved, added to, or structurally altered without a permit therefor issued by the Enforcement Official. No building permit shall be issued by the Enforcement Official except in conformity with the provisions of this Ordinance, unless he received a written order from the Board of Adjustment in the form of an adminis- trative review, special exception, or variance as provided by this Ordinance. If the permit is denied, reasons for the denial shall be stated. 800.04 A lication for Buildin Permit: When not of erwise require y tnese zoning regu ations or any other municipal regulations, the Chief Building Official shall determine which applications for building permit shall be accompanied by plans in triplicate, drawn to scale, showing the actual dim- ensions and shape of the lot to be built upon; the exact sizes and locations on the lot of buildings already existing, if any; the location and dimensions -120- c4v of the proposed building or alteration; and the proposed water and sewer facilities. The appli- cation shall include such other information as lawfully may be required by the Enforcement Official, including existing or proposed building or alteration; existing or proposed used of the building or land; the number of families, house- keeping units, or rental units the building is designed to accomodate; conditions existing on the lot; and such other matters as may be neces- sary to determine conformance with, and provide for the enforcement of, this Ordinance. one copy of the plans shall be`returned to the applicant by the Enforcement Official, after he shall have marked such copy either as approved or disapproved and attested to same by his signa- ture on such copy. The original and one copy of the plans, similarly marked, shall be retained by the Enforcement Official. 800.05 Certificates of Zoning for New, Altered, or Non-Conformin Uses: It shall e un aw i o use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed,converted, or wholly or partly altered or enlarged in its use or structure until a certificate of zoning has been issued by the Enforcement Official stating that the proposed use of the building or land conforms to the requirements of this Ordinance. No non -conforming structure or use shall be main- tained, renewed, changed, or extended until a certi- ficate of zoning has been issued by the Enforcement Official. The certificate of zoning shall state specifically wherein the non -conforming use differs from the provisions of this Ordinance, provided that upon enactment or amendment of this Ordinance,owners or occupants of non -conforming uses or structures shall have three months to apply for certificates of zoning. Failure to make such application within three (3) months shall be presumptive evidence that the property was in conforming use at the time of enactment or amendment of this Ordinance.* * see Appendix No. -121- q4I No permit for erection, alteration, moving, or repair of any building shall be issued until an application has been made for a certificate of zoning, and the certificate shall be issued in conformity with the provisions of this Ordinance upon completion of the work. A temporary certificate of zoning may be issued by the Enforcement Official for a period not ex- ceeding six (6) months during alterations or partial occupancy of a building pending its com- pletion, provided that such temporary certificate may include such conditions and safeguards as will protect the safety of the occupants and the public. The Enforcement Official shall maintain a record of all certificates of zoning, and a copy shall be furnished upon request to any person. Failure to obtain a certificate of zoning shall be a violation of this Ordinance and punishable under Section 801 of this Ordinance. 800.06 Expiration of Building Permit: If the worcT- e�scribed'zn any uz ing permit has not begun within ninety (90) days from the date of issuance thereof, said permit shall expire; it shall be cancelled by the Enforcement Official, and written notice thereof shall be given to the persons affected. If the work described in any building permit has not been substantially completed within two (2) years of the date of issuance thereof, said permit shall expire and be cancelled by the Enforcement Official, and written notice thereof shall be given to the persons affected, together with notice that further work as described in the cancelled permit shall not proceed unless and until a new building permit has been obtained. 800.07 Construction and Use to Remain the Same: Bull ing permits or certificates of zoning Issued on the basis of plans and applications approved by the Enforcement Official authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Use arrangement, or construction at variance with that authorized shall be deemed violation of this Ordinance, and punishable as provided by Section 801. -122- 46 0 O 800.08 Buildings Under Construction, Outstanding Permits: Any building or structure for w is a ut ng per- mit has been issued, and the construction of which has started prior to the adoption of this Ordinance, may be completed in accordance with the plans and specifications as outlined in the building permit, provided all construction is completed within one (1) year after the effective date of this Ordinance. Where, at the adoption of this Ordinance there are outstanding valid building permits, authorizing the construction of buildings, structures, additions or alterations, the use or construction of which do not conform to the requirements of this Ordinance, such permits shall be void unless actual construction work, excluding grading or excavation is underway within sixty (60) days of the effective date of this Ordinance. When at the adoption of this Ordinance there are outstanding valid building permits authorizing the use of land or buildings without construction work, and where such use is not permissable under the terms of this Ordinance, such permit shall be void unless the use is actually in operation on that date. Section 801.00 Penalties: Any person, firm or corporation who violates any provisions of this Ordinance or any lawful order of the City Council Zoning and Planning Board, Board of Adjustment or Enforce- ment Official pursuant thereto shall be punished by a fine not exceeding Five Hundred Dollars ($500.00) or imprison- ment for a term not exceeding sixty (60) days, or both. Each day during which such violation shallbe permitted to exist shall be deemed a separate offense. In addition, nothing herein contained shall prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation. -12 3 - clV ARTICLE IX BOARD OF ADJUSTMENT A Board of adjustment is hereby established to hear and decide upon appeals where a property owner may: a. Appeal an alleged error of the Enforcement Official or governing body. b. Appeal for a variance from the requirements of the Zoning Ordinance, where owing to special conditions, the literal enforcement of the provisions of this Ordinance would result in unnecessary hardship. C. Request interpretation of the Zoning Ordinance or official map, and d. Apply for a special exception following receipt of recommendations from the Planning Board as established is Section 101 of this Ordinance. See Ord. 923 e. All decisions of the Board of Adjustment shall be repealable by the City Council. Section 900.00 Membership: The Edgewater Board of Adjustment shall consist of five (S) members to be appointed by the City Council for three (3) year terms. Members of the Board of Adjustment may be removed from office by the City Council for cause upon written charges and after public hearing. Vacancies for the unexpired term of the member(9') affected shall be filled by the City. The terms of the members of the first board shall be staggered. Section 901.00 Proceedings: The Board of Adjustment shall abide by the following proceedings: 901.01 Ado t�Rules_: eTh Board —of A 7d ustment shall adopt rules and elect officers as it deems necessary to carry out the provisions of this Ordinance. 901.02 Board of Adjustment Meetin -s eetings o t e oar o ustment s all be open to the public and shall be held at the call of the Chairman at a regular time and place as may be specified in the Board's rules and regulations. Due notice shall be given to interested parties. 124- 10 C O 901.03 Minutes and Records: The Board of Adjustment shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and official actions, all of which shall be filed in the office of the En- forcement Official for the public records. 9�01.04 �Majority Vote: 1 ee concurring vote of (4/5) of the members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Enforcement Official, or to decide in favor of the applicant any matter upon which it is re- quired to pass under theprovisions of this Ordinance. Every decision of the Board of Adjustment shall be subject to review by the Courts by proceedings in the nature of certiorari. 901.05 Official Capacity: a airman o t e oar of Adjustment or, in his absence, the Actin Chairman, is authorized in his official capacity to administer oaths to witnesses in any matter coming before the Board. 901.06 Inform Appellant in Writing: n all appeals, app tcations, an of er matters brought before the Board of Adjustments, said Board shall inform the appellant or applicant in writing of the Board's decision and reasons therefore. Section 902.00 Administrative Review Powers: The Board of Adjustment shall have the powers of adminis- trative review in that the Board shall have the power to hear and decide appeals when it is alleged there is error in any order, requirement, decision, or determination made by the Enforcement Official in the enforcement of this Ordinance. Section 903.00 Granting Special Exceptions: Before a Special Exception is granted the Board of Adjust- ment shall make written findings that the specific provi- sions of Articles VI, VII and VIII are fulfilled with due regard to the nature of all adjacent structures and uses, the district within which same is located, and the Land Use Plan. The Board of Adjustment shall also make written findings that determine that the following general provisions are fulfilled: -125- 060 a. The use requested is listed among the special exceptions in the district for which applica- tion is made; b. The requested use will not impair the character of the surrounding or adjoining districts, nor be detrimental to the public health, morals, or welfare; c. The requested use will be in conformity with the Land Use Plan; d. Adequate utilities, access roads, drainage, sanitation, and/or other necessary facilities have been or are being provided; and e. That the proposed use will not increase traffic congestion. 903.81 S ecial Conditions Attached: Ii t e oar o Adjustment approves a special ex- ception it may attach such conditions thereto as may be necessary to accomplish the objectives set forth: Such conditions may include a time limitation. b. Conditions may be imposed which require that one or more things be done before the use re- quested can be initiated. For example, "a 10 foot buffer strip and a 4 foot high fence be required around the site before the special exception is granted". c. Conditions of a continuing nature may be im- posed. For example, "on -premise parking shall not be allowed between 5:00 and 10:00 p.m.". 903.02 Expirations: In any case w erTi—e a special exception has not been exercised within the time limit set by the Board of Adjustment, or within one (1) year if no specific time has been set, then without further action, the permit shall be null and void. "Exercised" as used in this section shall mean that main building is under construction to a substantial degree; or the prerequisite conditions involving substantial investment are contracted for, in substantial de- velopment, or completed (sewerage, drainage, etc). When construction is not a part of the use, "exer- cised" shall mean that the use is in operation in compliance with the conditions set forth in the permit. -126- a� r 903.03 Revocation: n any case w ere the conditions of a Special Ex- ception have not been, or are not being complied with, the Enforcement Official shall give the permittee notice of intention to revoke such per- mit at least ten (10) days prior to a Board of Adjustment review. After conclusion of the review the Board of Adjustment may revoke such permit. 903.04 Power Not Delegated to Board: e Board does not possesst a power to grant a Special Exception, permitting a use of land or building that is not permitted as a special exception in the district involved. Section 904.00 Granting Variances: The Board of Adjustment shall have the power to hear and decide on applications to allow variations from the regu- lations of this Ordinance where, by reason of unnecessary hardship or practical difficulty, the literal enforcement of the requirements of this Ordinance would not carry out the spirit and purpose of this Ordinance. For example, "an individual may own a lot with a stream or pond so located on it that he simply cannot comply with the yard or setback requirements of this Ordinance." A request for a variance is the proper instrument to enable him to build a house on the lot. 904.01 Criteria for Granting a Variance: e ore any variance is grante , t e oar of Adjust- ment must find all the following criteria are mett a. Special circumstances exist which are peculiar to the applicant's land, structure or building and do not generally apply to the neighboring lands, structures, or buildings in the same district or vicinity. b. Strict application of the provisions of this Ordinance would deprive the applicant of reasonable rights commonly applicable to other properties in the same district. c. The special circumstances and conditions do not result from the actions of the applicant. -127- %bu 0 0 d. That granting of the variance will not cause substantial detriment to the public welfare or impair the purposes and intent of this Ordinance. e. That granting of the variance will not con- stitute a grant of special privilege, that is denied by this Ordinance to other lands, structures, or buildings in the same district. 904.02 Hardshi2 inancia tsa vantages to the property owner shall not constitute conclusive proof of unnecessary hard- ship within the purpose of zoning. 904.03 Power Not Delegated to Board: The oard of Adjustment oes not possess the power to grant a variance permitting a use of land or building that is not permitted as a principal use or structure, accessory use or structure, in the district involved. 904.04 Conditions: n granting a variance, the Board of Adjustment may attach thereto any conditions and safeguards it deems necessary or desirable in furthering the pur- pose of this Ordinance. Violation of any of these conditions or safeguards shall be deemed a violation of this Ordinance. 904.05 APPlication of Variance: IInr ss oTise specs if'ed of fhe time the variance is granted, the variance applies to the subject property and not to the individual who applied. Consequently, the variance is transferable to any future owner of the subject property, but cannot be transferred by the applicant to a different site. 904.06 Time Period: variance app ies or an indefinite period of time unless otherwise specified at the time the variance is granted, except that when a variance has not been used within one (1) year after the date it was granted, the variance shall be cancelled by the Enforcement Official and written notice given to the property owner. -128- �gD ARTICLE X APPEAL AND APPLICATION PROCEDURES FOR SPECIAL EXCEPTIONS AND VARIANCES Section 1000.00 Filing Appeals: 1000.01_ Application Forms: appea s resuiting trom the enforcement and interpretation of this Ordinance shall be signed by the applicant on forms prescribed by the Board and mailed to the Enforcement Official. In addition, the appeal application*shall be accompanied by a filing fee offifty dollars($5.0.00). 1000.02 Submission Date: ppea s resu ting rom action taken by the En- forcement Official shall be submitted no later than thirty (30) days after the Enforcement Official's written notification of the violation. 1000.0' Accompanying Information: T e a�ppeaI s a contain oompanied by such legal descriptions, maps, plans, drawings, and other information, so as to completely des- cribe the decision or interpretation being appealed and the reasons for such appeal. 1000.04 Notification about Application: T e n orcement %ctaTTaII transmit the appeal add accompanying exhibits to the Board of Adjustment within ten (10) days after the receipt of the appeal. 1000.05 Public Hearin e airman o t e oar of Adjustment shall schedule a public hearing within forty (40) days from the receipt of the appeal. Public notice of the hearing shall be published in a local newspaper and all abutting property owners notified by certified mail at least ten (10) days prior to the public hearing. The Enforce- ment Official shall post notice on the property involved for a period of one week prior to the public hearing. *see Appendix No. -129- 4160 1000.06 Appeal Sts All Proceedings: An appeal stays aayprocee tugs i therance of the action appealed from unless the Enforce- ment Official certifies to the Board of Adjust- ment that by reason of facts on the record a stay would, in his opinion, cause imminent peril to life and property, in which case proceedings shall not be otherwise than by Court order. Section 1001.00 Application for Special Exception•, 1001.01 _Ri 4cation Forms:* iicatio—ns for a special Exception as provided in this Ordinance shall be signed by the applicant on forms prescribed by the Board of Adjustment, and mailed to the Enforcement Official. In addition, the application shall be accowvpAied by a filing fee of fifty ($50.00) dollars. 1011.11 Accom an in Information: ac app icatton or a Special Exception shall contain or be accompanied by such legal descrip- tions, maps, plans, drawings or other information so as to completely describe the proposed use. 1001.03 Notification About Application: Within tendays after the -Application is received by the Enforcement Official, he shall notify the Board of Adjustment and the Planning and Zoning Board of the application. 1001.04 Public Hearin : e airman o t e oard of Adjustment shall schedule a public hearing within forty (40) days from the receipt of the application. Public notice of the hearing shall be published in the local newspaper and all abutting property owners notified by certified mail at least ten (10) days prior to the public hearing. The Enforcement Official shall also post notice on the property involved for a period of one week prior to the hearing. *see Appendix No. -13 0 - 6k)U C 0 1001.05 Zoning and Planning Board Review and Recommendations: e Zoning and Planning Board s a review e application prior to the public hearing and shall present its recommendations to the Board of Adjust- ment at the public hearing. The Planning Board may revise its recommendations following the public hearing and present such recommendations to the Board of Adjustment before action is taken by the Board of Adjustment. 1001.06 Board of Adjustment Decision: e Board of Adjustment shall approve, modify or deny the application for a Special Exception fol- lowing the public hearing as specified in Article X of this Ordinance. Section 1002.00 Application for Variance: 1002.01 Application Forms �ications o� r variances from the terms of. this Ordinance shall be signed by the applicant, on forms prescribed by the Board of Adjustment, and mailed to the Enforcement Official. In addition, the application shall be accompanied by a filing fee of Fifty ($SOAO) dollars for residential or less than one (1) block, and One Hundred ($100.00) dollars for all over one (1) block. 1002.02 Accompanying Information: e application MIT contain or De accompanied by such legal descriptions, maps, plans, drawings, or other information so as to completely describe the proposed use. 1002.03 Review of the A s lication and Notification: Tffen orcement tcta a review the app tcation and determine that sufficient data is contained to adequately describe the situation to the Board of Adjustment. If this condition is not satisfied, the Enforcement Official shall return the application to the applicant for additional information. I£ the application is found to contain adequate information, the application shall be forwarded to the Board of Adjustment. 131- %bO C� 0 1002.04 Public Hearing: 1 Zlairman o t e Maid of Adjustment shall schedule a public hearing within forty (40) days from the receipt of an acceptable application. Public notice of the hearing shall be published in the local newspaper and all abutting property owners notified by mail at least ten (10) days prior to the public hearing. The Enforcement Official shall post notice on the property in- volved for a period of one week prior to the hearing. 1002.05 Board of Adjustment Decision: ine board of Adjustment shall approve or deny the See Ord. 923 application for a variance following the public hearing as specified in Article X of this Ordinance. All decisions of the Board of Adjustment shall be repealable by the City Council. ARTICLE XI CHANGES AND AMENDMENTS The City Council may amend, supplement, or change the zoning text, regulations, classifications of property, district boundaries and/or the official zoning map according to the following procedures: Section 1100.00 Action by Applicant: The following actions shall be taken by the applicant: 1100.01 Initiation of Amendments Pro osed: Changes or amendments may a initiate y the City Council, Zoning and Planning Board, Board of Ad- justment or by one or more owners or lessees of property within the area proposed to be changed or affected. 110D.02 Application: n app icatto5or any change or amendment shall be made upon a form furnished for this purpose by the Enforcement Official. Such application shall be filed with the Enforcement Official not later than ten (10) days prior to the Planning and Zoning Board meeting at which the application is to be considered. -132- 160-0 Section 1101.00 Action by Planning and Zoning Board: The Planning and Zoning Board shall -consider and make recommendations to the City Council concefning each proposed zoning amendment. The Planning and Zoning Board may hold separate public hearings or may sit concurrently with the public hearing held by the City Council. Section 1102.00 Action by the City Council: Before taking such lawful action as it may deem advisable, the City Council shall consider the Planning and Zoning Board's recommendations on each proposed zoning amendment. If no recommendation is received from the Planning and Zoning Board within thirty (30) days after the public hearing by the City Council, the proposed amendment shall be deemed to have been approved by the Planning and Zoning Board. The City Council shall consider changes and amendments to this Ordinance not more than four (4) times a year at one meeting of the City Council during the months of February, May, August, and November. The City Council by vote of three -fifths (3/5) of its total membership may waive this restriction if it finds an emergency exists. Section 1103.00 Notice of P-blic Hearing: No amendment shall be adopted by the City Council until after public notice and hearing. Notice of public hearing shall be published in a newspaper of general circulation within Edgewater at least fifteen (15) days prior to the hearing. Notice of the hearing shall also be posted in the lobby of the City Hall. Section 1104.00 Fees: Application for amendment shall be accompanied by a fee of Fifty ($50.00) dollars for residential or less than one block, and One Hundred ($100.00) dollars for all over one block, which amount shall be deposited with the City Clerk to cover costs of notifications and studies in connection with the processing of the amend- ment. No such fee shall be refunded except in the case of hardship upon the applicant wherein the City Council finds the imposition of this fee to be unreasonable, the City Council may waive the fee. 133- 41 Section 1105.00 Reconsideration of Denied Rezoning Applications• Whenever the City Council has taken action to deny a petition for rezoning of property, the Council shall not consider any further petition for the same re- zoning of any part of the same property for a period of one (1) year from the date of such action. Whenever the City Council has taken action to deny a petition for rezoning property, the Council shall not consider a petition for any kind of zoning on any part of the same property for a perto o nine y (90) days from the date of such action. The above time limits for City Council consideration may be waived by the City Council by the affirmative vote of four (4) members when the City Council deems such action necessary to prevent an injustice or to facilitate the proper development of the City. -134- C&U ARTICLE XII LEGAL STATUS PROVISION Section 1200.00 Conflict with Other Ordinances: In case of conflict between this Ordinance or any part thereof, and the whole or part of any other existing or future Ordinance, the most restrictive in each case shall apply. Section 1201.00 Interpretations and Validity: Should any section or provision of this Ordinance or application of a provision under this Ordinance be de- clared by the courts to be unconstitutional or invalid, such declaration shall not affect the validity of the Ordinance as a whole or any part thereof, other than the part or application so declared to be unconstitu- tional or invalid. Section 1202.00 Effective Date: This Ordinance shall take effect and be in force from and after its adoption by the City Council and approval by the Mayor at a second reading. Section 1203.00 Advertising: The City Clerk is hereby directed to advertise this Ordinance as required by law. Section 1204.00 Appendix Authorized: There may be attached to any copies of this ordinance used for public information and guidance an appendix containing all or any of the following: descriptions of the zoning districts, application forms, and any other appropriate addenda. The first reading of the above Ordinance was read in full and passed by vote of the City Council of the City of Edgewater, Florida, at a Pe uula�r _ meeting of said Council held on the 77t� ayd pep ,A.D. 1974, and approved as providedbylaw. The second reading of said Ordinance to he at a re ular meeting of the City Council to be held on the 7s Of July, A.DA 1974, roll call vote being as follows: ATTEST: FIRST READING SECOND READING i uountrnnnin Councilman Clinton Absent o ci man n/c� i n n / This Ordinance prepared by: Joseph E. Weaver, City Attorney. 136- APPENDIX A R-1 - SINGLE. FAMILY RESIDENTIAL DISTRICT Parcel 1 All lots abutting Riverside Drive and lying westerly thereof., except the R-1 classification shall not exceed 200 feet in depth from the westerly edge of the existing pavement of Riverside Drive. Said district extending as follows: from North city limits south the north line of Lot 7, Block 2, Rivereige Acres Subdivision, Map Book 9, page 260. Parcel 2 All of Silver Ridge Subdivision, Units 1 and 2. APPENDIX B R-lA SINGLE FAMILY RESIDENTIAL DISTRICT Parcel 1 All lands lying, easterly of Riverside Drive and south of Lot 3, Block 4, Riveredge Acres Subdivision, as recorded in Map Book 9, page 260, Parcel 2 All lands lying easterly of Riverside Drive and north of Lot 6, Block I, Riveredge Acres Subdivision, as recorded in Map Book 9, page 260, continuing north to the north city limits, excepting therefrom all lands dedicated for public and semi-public use. APPENDIX C R-lB SINGLE-FAMILY RESIDENTIAL DISTRICT Parcel 1 West city limits easterly to 125 feet west of railroad right- of-way bounded north to 17th Street. Bounded on south by 20th Street. Parcel 2 Begin at intersection center line of drainage canal as lying in Block 214, Florida Shores, Unit V , ?Iap Book 23, page 112 and east line of Cocoa Palm Drive, thence north easterly direction along east line of Cocoa Palm Drive to the inter- section south line of Pines Subdivision as recorded in Map Book 19, page 229, thence in easterly direction along the south line said Pines Subdivision to the east line thereof, thence in a north easterly direction along east line of said Pines Subdivision to the north line gf.Pead's Subdivision and recorded in Map Book 19, page 298, thence in a westerly direc- tion along north line of Read's Subdivision to the east line of Alamonda Daive, thence along east line of Almonda Drive in northerly direction to the easterly extension of north line of 19th Street, thence in westerly direction along north line of 19th Street, its extension thereof to the intersection of the center line of existing drainage canal as shown on the Florida Shores Unit N1, Map Book 19, page 209, Map Book 23, page 57 thence westerly along drainage canal to the intersection of drainage canal running in north south direction as shown in Block 13, of aforementioned Subdivision and thence southerly along said center line of said drainage canal to south right- of-way of IRB, thence westerly along south right-of-way of IRB to easterly right-of-way of Fern Palm Drive, thence southerly to the intersection of south right-of-way of 20th Street, thence westerly along said south -right-of-way line of 20th Street to its intersection west centerline of drainage canal in Block 214, Florida Shores, Unit #7, afore- said mentioned thence southerly along said drainage canal to point of beginning. APPENDIX D R-2 SINGLE FAMILY RESIDENTIAL DISTRICT Parcel 1 That parcel lying between B-3, on the west, R-1, or the east, B-4 on north and of Riverside Drive on the south all lying east of the Boston Road, B-4 area. Parcel 2 Park Avenue on north Boston Road, B-4, on south lying west of Riverside Drive, R-1 area on east boundary and easterly of the commercially zoned area lying east of I1. S. Highway No.l. Parcel 3 West City limits bounded on north by 12th Street to the intersection of 12th Street and on the east by easterly boundary of Florida Shores Unit M4, thence in a southerly direction along said to the north/south of 16th Street thence easterly along said street and west right-of-way of Lime Tree Drive, thence northerly along west right-of-way of Lime Tree Drive to north right-of-way of 15th Street, thence easterly along north right-of-way of 15th Street to easterly right-of-way of Juniper Drive, thence easterly along east right-of-way of juniper Drive to its intersection with the easterly prolongation of the northwest of 17th Street thence westerly of north line of 17th Street to the westerly city limits. Parcel 4 West City limits bounded north by 20th Street, bounded south by 22nd Street, and bounded east by a line 125 feet of the east right-of-way of .Juniper Drive. Parcel 5 West City limits, north by 29th Street, 125 feet east of Juniper Street, south to 31st Street north right-of-way thence westerly to west right-of-way of Umbrella thence south to City limits thence west to City Limits. APPENDIX F. R-3 SINGLE FAMILY RESIDENTIAL DISTRICT Parcel 1 North City limits, south by Park Avenue, on east west boundary of R-1, on west east boundary of commercially zoned property. Parcel 2 All Highland Shores Subdivision as recorded in Map Book 9, page 63, excluding that commercially zoned property lying westerly of U.S. N1. Parcel 3 All of Edgewater Acres Subdivision including Units 1 through 6, including Lots 39, 39F, 39I, of Assessors Subdivision of C Alvarez Grant, Map Book 3, page 137, and that part Hawk's Subdivision of Lot 39C, Assessors of G-.Alvarez Crant as recorded in Map Book 3, page 137, lying 145 feet easterly of the east right-of-way of Plagler Aaenue. Parcel 4 That part Hawks Subdivision, Map Book 1, page 156, lying West of U.S. N1, and its westerly to F.E.C., right-of-way and North of Ocean Avenue and south of that part Puller $ Settle Subdivision, Map Book 8, page 63. Lots 1-115, Block 1 and Lot 27 of C. Alvarez, Map Book 3, page 137, on the east by west boundary of the commercially zoned property adjacent to U.S. Sl on the west by Old County Road except the following described property: Ken May, east Lots 1 $12 Block A and 6 5 13, Block B. Lots 7 &14, Block C of Cole's Subdivision, Map Book 23, page 63, Parcel 5 Norht east corner Coqunia L Edgewater Drive, thence south to south line of U.S. N1, Lot 14 thence west to the corner of U.S. N1, Lot 4, thence north to the north right-of-way of Eaton Road, thence east along said right-of-way to west line of Edgewater Heights Subdivision, Map Book 8, page 299, thence north to northwest corner of Lowd's Subdivision, Map Book 3, page 81, thence east to westerly boundary commercially zoned adjacent to U.S. al, thence south to north right-of-way of Coquina Drive thence to point of beginning. APPENDIX R ( cont.ir ed) - v Parcel 6 Bbgin at intersection of south right-of-way of 28th Street and east right-of-way of F.E.C. railroad, thence easterly along south right-of-way of 28th Street to the eastermost line of Block 203, Florida Shores, Unit N7, Map Book 23, page 118, thence northerly along east line of ➢lock 203, to the northeast corner thereof, thence westerly along norht line of Block 203 to east right-of-way of Alamanda Drive, thence northerly along Alamanda Drive to north right-of-way of 27th Street, thence westerly along 27th Street to easterly right of way of Glenwood Drive, thence northerly along Glenwood Drive to north right of way of 22nd Street, thence westerly along 22nd'Street to easterly right of way of Cocoa Palm Drive,thence easterly along Cocoa Palm to easterly right of way of F.E.C. right of way thence southerly along easterly right of way of F.F.C. to the point of beginning. Parcel 7 West City limits, bounded on north by 22nd Street, bounded on south by 29th Street and bounded on the east by 125 feet east of the easterly right of way of Juniper Drive. Parcel 8 West by Umbrella, north by 31st Street, south by City limits east by 125 feet east of the easterly right of way of Juniper Drive, 34th Street west to Juniper Drive, thence south to City limits. APPENDIX F R-4 MULTI -FAMILY DISTRICT Parcel 1 Bounded on north by 22nd Street in Florida Shores, bounded on the south by City of Edgewater south limits, bounded on the east by Indian Palm Drive to 31st Street, then east to the F. E. C. right wo way, thence north along said right of way to 30th Street, thence west 125 feet east of India Palm Drive, thence north along said line to 22nd Street. (Vest bounded by the south city limits to 34th Street, through. east 125 feet from east right of way 'of Juniper Drive for thence north to 22nd street. Parcel 2 All of Lots 366-382, Block 13, and all LAts 354-365, Block 12 all of Lots 341-353, Block 11, all of Lots 408-420, Block 14, F. S. Subdivision, Unit kl, Map Book 19, page 209, and Map Book 23, page 57, all of lots 6616-6640, Block 214, F.S. Unit V , Map Book 23, page 118 Parcel 3 Bounded on west by Needle Palm Drive; bounded on north by Edgewater Acres South limits and the Conservation Department, bounded on the east by I-1 west limits and the south by R-2. Parcel 4 All of U.S. Lot N3, Sec. S, T18S, R34E, except that part that is known as Pines Subdivision, Map Book 19, page 229, and except that part that is zoned B-5 along U.S. kl. Parcel 5 All Schmidt Park, Map Book 9, page 94, Pollitz Subdivision Map Book 7, page 65, Ross Newell Subdivision, Block 182, Map Book 8, page 53, Mendell's Map Book 3, page 73, Lots 32, 22, 28, 27, 26, 25, 24, except that part that is zoned 3-3. Parcel 6 Lot 13 of Sheppard -Sanchez that lies east of east right of way of F.E.C., Lots 14-20 of Raulerson Addition, Map Book 6, page 155, Lots 29-70, Pointes Subdivision, Map Book 19, page 200. APPENDIX C R-5 MULTI -FAMILY DISTRICT All of lots 21-24, of Sheppard -Sanchez, Map Book 3, page 49, except that part that is zoned B-3 all of Lot 17-20, G. Alvarez Grant Assessors Subdivision, PIap Book 3, page 137, except that part that is zoned B-3. n APPENDIX M R-5A ZONING DISTRICT All of Lots 1-28 of Pointes Subdivision, flap Book 19, page 200; all of Lots 1-13, Pointes Talley Subdivision, Map Book 23, page 92; all of Lots 6-10 Raulerson Addi- tion, Map Book 6, page 125; all of Lots 3 $ 4, and west 125 feet of Lot 1, Block 1 and all of Lots 1-3, Block 2 of Phillips, Map Book 8, page 28; all of Lots 6-10, Block 1, all of Lots 7-12, Block 2; all of lots 1-5 Block 3, all of Lots 1-6, Block 4, of Flarts, Map Book 6, page 118; all of Lots 1-20, Block 2, Midway Park, Map Book 8, page 65. APPENDIX I. R-G - ZONING DISTRICT APPENDIX J R-R PLANNED UNIT DEVELOPMENT DISTRICT Part of the SW 1/4 of the NE 1/4 of Section 2, T18S, R34E being more particularly described as follows: Commence at the NW co-ner of the SE 1/4 of the NE 1/4 of Section 2, T18S, R34E; thence S 0' 06' 01" east along the west line of the said SW 1/4 of the NE. 1/4, a distance of 472.0 feet for the Point of Beginning. Said Point of Beginning also being the SW corner of Lot 10, SILVER RIDGE SUBDIVISION UNIT NO. 2, as recorded in Map Book 27, page 50 of the Public Records of Volusia County, Florida, thence continue S 0' 06' 01" E along the W line of the SW 1/4 of the NE. 1/4 a distance of 848.08 feet to the SW corner of the said SW 1/4 of the NE. 1/4; thence N 89' 32' 29" E along the South line of the said S11 1/4 of the NE 1/4, a distance of. 1344.60 feet to the SE corner of the said SW 1/4 of the NE 1/4, thence N 1' S' W along the Fast line of the said SW 1/4 of the NE 1/4, a distance of 651.48 feet; thence N 26041' 41" W a distance of 353 feet to the SE corner of Lot 37,STLVER RIDGE SUBDIVISION UNIT NO. 1, as recorded in Flap Book 25, page 87 of the Public Records of Volusia County, Florida; thence S 56' 33119" 1V a distance of 207.25 feet thence S 73020' 09" 11 a distance of 73.43 feet; thence S 86' 49' 39" W a distance of 145.88 feet; thence N 78052101" 14 a distance of 145.88 feet; thence N 81' 36101" 11 a distance of 140.80 feet; thence N 85059120" W a distance of 150.14 feet thence N 88'56120" W a distance of 173.64 feet• thence S 7*201001, E a distance of 39.81 feet• thence S 81a31'29" 11 a distance of 60.00 feet; thence S 89b53159" 11 a distance of 126.12 feet to the point of beginning. All lying and being part of the SW 1/4 of Section 2 T18S R34E containing 26.45 acres more or less. APPENDIX K MIi -1 - MOBILE HOME PARK DISTRICT Parcel 1 Hounded on north by a line 250 feet south of the south right of way line of Park Avenue Bounded on east by Mango Tree Drive Bounded south and west by existing city limits Parcel 2 Beginning at the south corner of lot 37, Silver Ridge Sub- division, Unit 1, Map Book 25, page 87, thence north 63° 18' 19" east, a distance of 301, thence South 26° 41' 41" east,'a distance of 28%76 feet to the easterly line of the southwest 1/4 of the NE 1/4 of Section 2, T18S,R34E; thence South 1° 10' 53" east along said easterly line of the SW 1/4 of the NE 1/4,a distance of 723.-4' to the southeast corner of said SW 1/4 of the NE 1/4; thence south 89° 32' 29" West along the south line of SI11/4 of the NE 1/4, a distance of 30 feet; thence North 10 10' 53" west, a distance of 716.34 feet; thence N 260 41141" west a distance of 280.97 feet to the point of beginning. All lying and being in Section 2, T18S, R34E., Parcel 3 All that portion north of the now existing drainage ditch of that parcel described as follows: The south 500 feet of Lot 6 and the south 500 feet of west half of the north- east 1/4 (East of U.S. Highway #1), Section 2, T18S, R34E, otherwise described as follows: The south 500' of Lot 6 and the south 500' of the west half of northeast quarter (East of U.S. HIghway #1) Section 2, T18S, R34E. Except the south part being 112' on the west line of U.S. Lot 6 and 378' north from the southeast corner of Lot 6, and riparian rights, accretions, littoral rights, and rights of upland ownership thereto belonging and appertaining. Except that part covered to the State of Florida for use and benefit of State Road Depatmenht of Florida, being described as to -wit: That part of "The south 500' of the West 1/2 of the northeast 1/4 and Lot 6 east of the high- way and north of ditch (also described as the south 500' of the west 1/2 of the northeast 1/4 and Lot 6 east of the highway. Except south 112' on the east line and 378' north from the southeast corner) Section 2, T18S, R34E, which lies east of and adjacent to existing right of way of State Road #5 (U.S. #1), lying east of and within 125' of the existing centerline of State Road 5 (U.S. #1) APPENDIX K (continued) being the west 92' of the land herein described and con- taining 0.93 acres, more or less. AND also the following described parcal: A parcel of sovereignty land now filled lying easterly of and abutting Covernment Lot 6, % ction 2, T18S, R34E, VolusiaCounty, Florida, more particularly des- cribed as follows: Commence at the southeast corner of said Covernment Lot 6; thence north 25° 18' 40" west along the east line of said Covernment Lot 6, a distance of 396.55' to the point of beginning; thence continue north 25° 18' 40" west a distance of 156.8' thence north 64° 42' 40" east, a distance of 156.8', thence south 640 410 20" west a distance of 2091, more or less,to the point of beginning. Containing 0.7 of an acre, more or less. Parcel 4 Section 2, T18S, R34E, west 750' of the north 125' of the south 199.4' as measured on and east of Highway and south 74.4' asmeasured on and east of Highway, Lot S. Section 2, T18S, R34E. APPENDIX L MH-lA - MOBILE HOME PARK DISTRICT Lying in Lots 8 $ 14, Assessor's Subdivision, of Parch's Homestead as shonw on Hardin Map Book 3, page 81, of the public records of Volusia County, Florida, more particularly described as follows: Begin at the intersection of the south right of way of P1arion Street and the west right of way of Highway No. 1, thence south along the south right of way of Marion Street for a distance of 875' more or less, thence north 100' more or less to south line Marion Street, thence westerly along the south line of Marion Street 600' more or less to the east side of Industrial Road, thence southeasterly along the east right of way of Industrial Road for a distance of 550' more or less, thence east 400' more or less and parallel to Eaton Road, thence south 270' more or less to the north side of Eaton Road, thence east along the north side of Eaton Road to the west line of Edgewater Acres Subdivision, thence north along the west side of Edgewater Acres to the north line said Edgewater Acres, thence east along the north line of Edgewater Acres to the west right of way of U.S. Highway No. 1 thence north along the west right of way of said U.S. Highway No.l to the point of beginning. APPENDIX M P41-2 - MOBILE HOME SUBDIVISION DISTRICT APPENDIX N B-1 CENTRAL BUSINESS DISTRICT Parcel 1 Bounded on south by north right of way of Ocean Avenue to north by south right of way of Lamart Street all of Lots 1-5; 10-19 and west 250' of Lot 22, A.D. Wilkins Subdivision Map Book 4, page 21, all of Lots 1-5. 22-33, 34-38, 61-65, Fernald and Chadqick Replat, Map Book 4, page 192, all of Lot 4, Indian River Estates, Map Book 8, page 248, and west 100' of Lot 8,6. Alvarez Grant, wap Book 3, page 137; all of Lots 1-6, 16-17, Colby and Jerson Subdivision, Map Book 6, page 215, all of Lots 251-219, Hawks Park Subdivision, Map Book 1, page 156. Parcel 2 Bounded on south by north right of way of Ocean Avenue; all of Lots 4054401, Hawks Park Subdivision, Map Book 1, page 156, all of Lots 1-6, Block 1, all of Lots 1-12, Block 2, Sniders Subdivision, Map Book 8, page 26, east 250' of Lots 32 - 32A, G. Alvarez (rant, Map Book 3, page 137; all of Lots 8-11, Block 2, all of Lots 16-19 Block 1, Fuller $ Settle Subdivision, Map Book 8, page 63, all of Lot 27, G. Alva-ez Grant, Map Book 3, page 137. APPENDIX 0 B-2 NEIGHBORHOOD BUSINESS DISTRICT Parcel 1 Bounded on south by city limits of India Palm Drive, on the east Railroad, on the norht by south Florida Shores Subdivision. Parcel 2 on west by east right of way by west right of way of. F.E.C. right of way of 31st Street, Bounded on the south by north right of way of 30th Street, on the east by west right of way of F.E.C. Railroad on the west by all of Lots 7511-7533, Block 246 of Lots 7535-7550, Block 247, Florida Shores Unit 8, Map Book 23, page 132, all of Lots 6785--6800, Block 220, Lots 6801-6816, Block 221, Lots 6817-68 1, Block 222, Lots 6833-6843, Block 223, Lots 6849-6864, Block 224, Lots 6865-6880, Block 225, Lots 6881-6896, Block 226, Florida Shores, Unit V , Map Book 23, page 131, all of Lots 3142-3153,61ock 152, all of Lots 501- 519, Block 18, Lots 520-535, Block 19, Lots 536-551, Block 20, Lots 552-562, Block 21, Florida Shores, Unit 2, Map Book 23, page 103. Parcel 3 All of Lot 500 and all of Lots 433-449, Block 16, all of Lots 421-432, 4887499, Block 15, all of Lots 459-487, Block 14, all of Block 17, F. S. Untt N1, Map Book 19, page 209, and Map Book 23, page 57, all of Block 219 F.S. Unit 7, Map Book 23, page 118. APPENDIX P B-3 HIGHWAY SERVICE BUSINESS DISTRICT Parcel 1 All of Lots 1-4, Block 1, Phillips Subdivision, Map Book 8, page 28 and all of Lots 1-10, Block 1, and all of Lots 1-12 Block 2, Harts Subdivision, Map Book 6, page 118 and the east 300 feet of Lot 16 Sheppard -Sanchez Crant,Map Book 3, page 49, and Lots 1-8, Block B and all of Lots 1-6, )Block A, and all of Lots 1-8, Block E Highland Shores, Section 1, Map Book 9, page 63. Parcel 2 All of Lots 1-5 and Lots 27-34, Palmetto Park Subdivision Map Book 5, page 184, and all of Lots 1-4 Knopp Subdivision, Map Book 6, page 121, all Lots 14, Leemings Subdivision, Map Book 6, page 117, and all west 250 feet of: Lot 4, Sheppard -Sanchez, Map Book 3, page 49 and all of Lots 1-4. Block A. and Lots 1-4, Block B Yelkca Terrace, Map Book 8, page SS and Map Book 7, page 36, all of Lots 1-4,Block A, 1-4 Block B, Dixwood Subdivision (F.D. Dix) Map Book 8, page 73, all of Lots 1-10, B-ock B, and 1-6, Block A, Lots 1--0, Block F, Highlands Shores S)ction 2, ?lap Book 9, page 64, and all of Lots 1-4, Block A, and Lots 1-4, Block C, Highland Shores, Section 3, Map Book 8, page 62, all of Lots 10-15, G. Alvarez Grant, wap Book 3, page 137 Parcel 3 All of Lots 220-224 and Lots 253-257, Lots 258-262 and Lots 294-296, Hawks Park Subdivision, Map Book 1, page 156, the West 250 feet of Lot 5, wendell's Subdivision, Map Book 3, page 73. All of Lots 27-43, Forster Subdivision, Map Book 8, page 51, all of Lots 1-16, Block A, Mendell's Subdivision, Map Book 4, page 122, all of Lots 1-2, Mason's Subdivision, Map Book 8, page 188, the West 250 feet of Lots 9-12, Mendell's Subdivision, Map Book 3, page 73, all of Lots 1-6, Block A, Lots 1-5, Block C, Turgot Terrace, Map Book 9, page 103, all Lots 16-20, Block 15, Lots 15-20, Block 14, Totem Park, Map Book 4, p ge 46, Lots 1-4, linser's Subdivision, Map Book 19, page 295, Lots 11-17, Block 12, Lots 12-17, Block 11, Totem Park, Map Book 4, page 46, and West 250 feet of Lot 18 Mendell's Subsidision, Map Book 3, page 73, all Lots 1-10, Block 6 and Lots 1-10, Block 5, Totem Park, Map Book 4, page 46, Lots 10-11, River -Heights': Subdivision, Map Book 19, page 139, and that parcel lying between Fast Marion Avenueand Rhode Island being described as follows: Lot 10 River Heights Map Book 19, page 139, and those parcels described as follows: Parcel 1 - Commence at a point on the east right r - APPENDIX P (continued) of way line D1d Dixie Highway (A 30' right of way ) said point being S 300 17' E a distance of 153 feet from the township line between T17S, T18S, thence N 73° 46' F, 97.93 feet to the east right of way of U.S. No. 1, Highway for the point of beginning, thence continue along said east right of way line S 30° 171E 222.11, thence N 59° 01' 40" E, 221.91, thence N 30° 17' P;, 166.341, thence southwest 228.2' to the point of beginning. Parcel 3 Commence at a point on the east right of way line of the Old Dixie Highway ( a 30 feet right of way) said point being S 30° 17 E a distance of 153' from the township line between T 17 $ T 18, thence N 730 46' E, 97.93' to the east right of way, U.S. Highway No.1, thence S 30° 17'E along said east right of way 222.1' for the point of beginning, thence continue along said east right of way 139.461, thence N 85° 50' 30" E, 232.41, thence N 09° 30" le, 36.84', thence N 30° 17' W7 209,601, thence S 59° 01' 40" P!, 221.9' to the point of beginning. Parcel 2 - Parcel 27 being 167.4' on north line and 125' on west line unrecorded plat 149 per official records Rook 270, Page 558. All of Lots 1-2. Edgewater Shores, "iap Rook 8, page 271, all of Lots 1-20 Hardin's Subdivision, ?'ap Book 8, page 257 and west 250 feet, Lots 304 $ 5, Lowd's Subdivision, P4ap Rook 3, page 81, and that part of U.S. Lot 3, Section 2, T185, P34E, lying Easterly of U.S. Highway No. 1, as now laid out. Parcel 4 East 250', Lot 34, !Iendell's Subdivision, Map Book 3, page 73, All of Lots 1-4 and 20-23, Schmidt's Park Subdivision, 4'ap Book 9, page 94, and easterly 2501, Lot 32, !'endell's Subdi- vision, Map Book 3, page 73, and all Lots 1 of Polletz Subdi- vision, Map Rook 7, page 65 and Lots 1-7, Block 1, lots 1-7 Block 2, Ross $ Newell's Subdivision, Map Rook 8, page 53, East 250' of Lots 23-29, Mendell's Subdivision, Map Rook 3, page 73, all of Lots 9-10 and 13, Hatch's Homestead, *lap Book 3, page 81 and East 250' of Lots 7-8 1, 14, Hatch's Homestead and all of Lots 7 F, 8, Lowd's Subdivision, P'ap Book 3, page 81. -APPENDIX P (continR4(l) Parcel 5 All of lots 13-19, Dlock 3, Riveredve Acres, PIap Rook 9, page 260, a strip 250' wide lying easterly of east right of vay of U.S. No. 1, bounded on north line of Lot 13 said Riveredge Acres Subdivision and bounded on south by south line of Priendly Shores Trailer Park. Parcel 6 Sounded on north by north line of Silver Ridge Unit No. 1 Sounded on west by drainage ditch Sounded on Gast by west right of way of U,S. No. 1, to a point where the east line of Section 2, T18S, R34E and IT. S. No. 1 intersect thence south to the intersection of said line and said drainage ditch. n APPENDIX Q B-4 TOURIST COMMERCIAL DISTRICT All of Lots 1 through 3, Lots 20 All of Lots 7 through 12, Block Block 4 , A-1 Lots 6-8, Block 1, division, Map Book 9, page 260. through 220 Block 3, 2, Lots 1 through 3, Riveredge Acres Sub- G APPENDIX R B-5 PLANNED SHOPPING CENTER DISTRICT Parcel 1 Bounded north by south right of Bounded south by north right o Bounded west by easterly right Bounded east by westerly right Parcel 2 way Pearl Street f way of Park Avenue of way of Old County Road of way U.S. N1, as now laid out All of Lot 11, Sheppard Sanchez, wap Book j, page 49 and all of Lots 1-19, Block 1, Midway Park, Map Book 8, page 65, all of Lots 1-5. Raulerson Addition, Map Book 6, page 155, except that part that is in right of way of State Road N5, (U.S.kl) Parcel 3 Bounded on north by south right of way of Indian River Blvd. Bounded on west by east right of way of Almanda Drive and prolongation of Alamanda Drive. Bounded south to south line of U.S. N1, Lot 3, Section 2, T18S, R34E, thence east to west right of way of U.S. S1, or State Road N5, as is ,July 1, 1975, thence north along said right of way to Indian River Boulevard. All of Highway Subdivision, Map Book 8, page 222. v APPENDIX S B-6 MEDICAL - PROFESSION DISTRICT Parcel 1 All of Lots 1-15, Block 1, fuller 5 Settle Subdivision, Map Book 8, page 63, Parcel 2 Bounded on west by east right of way of AInanda Drive on south by north right of Indian River Boulevard, bounded on north by drainage citch and bounded on the east by west right of way of D.S No. 1,(a State Road #5) APPENDIX T I-1 LICHT INDUSTRIAL DISTRICT Parcel 1 Bounded on north by south line of MH-lA and on the south by south line of U.S. Lot 4, Section 3, T18S, R34E, and on the west by the east right of way of Industrial Pond; all of Lot 456-450, Block 16 and Lot 315 to 318 and Lots 383 to 388, Block 13, Lot 254 to 255, Block 10, Florida Shores Unit 1, Map Book 1, page 209, Map Book 23,page 57. Parcel 2 Bounded to the east by west right of way of F.E.C. Rail- road by the south by north right of way of FTorida Power and Light Company, and to the west by the east boundary of R-4 zone and to the north by the south boundary of R-3 zone. Parcel 3 Part of U.S. Lot 1, Section 32, follows as described 383.53' as measured along south right of way of Snider Street, thence south to all of Lots 6-7 and Lots 13-14, Block C, all of Lots 5-6 and Lots 12-13, all of Lots 9- 12, Block A. Coles Subdivision, Map Book 23, page 63. Parcel 4 All of Lot 3-D, G. Alvarez Crant Assessor's Subdivision, Map Book 3, page 137, and from east right of way of F.E.C. Railroad east 250' as measured east of Lot 19-20, C. Alvarez Grant Assessor's Subdivision, Map Book 3, page 137 from east right of way of F.E.C. Railroad as measured 250' to the east of Lots 20 $ 24, Sheppard and Sanchez Grant, Map Book 3, page 49, shall the easterly boundary of the I-1 District, parcel 4. Parcel 5 Westerly right of way of Mango Tree Drive as prolongated north of Park Avenue, thence west to the westerly corporate limits, bounded on south by a line 250' south of wouth right of way of park and bounded by a line 350' north of north right of way of Park Aaenue. Parcel 6 Bounded west by east right of Bounded north by south right Bounded east by a line 350' e Mango Tree Drive Bounded south by a line 800' of Park Avenue. way of Mango Tree Drive of way of Park Avenue ast of east right of way of south of south right of way APPENDIX U I-2 HEAVY INDUSTRIAL DISTRICT Parcel 1 All of U.S. Lot I, Section 3, T18S, R34E, except that part of said Lot that lies westerly of P.E.C. Railroad right of way and except that part that is designated as I-1 and MH1-A. Parcel 2 All of Lot 40A of C. Alvarez Crant, Map Book 3, page 137, and all of Lots 1-20, Block 1, Hawks Subdivision of Lot 39-B of C. Alvarez Crant, Map Book 4, page 58. Parcel 3 All of Lot 40B, of C. Alvarez Grant, Map Book 3, page 137 and the east 145' of Lots 1-18, Block 2, Hawks Subdivision of Lot 39C of the C. Alvarez Grant, Map Book 4, page 58. APPENDIX V I-3 INDUSTRIAL PARK DISTRICT Bounded west by prolongation of the east right of way of Mango Tree Drive Bounded north by north city limits Bounded east by westerly right of way of E.E.C. Railroad Bounded south by north right of way of Park Avenue